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HomeMy WebLinkAboutItem 06.o Date: November 5, 2018 Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR 185TH STREET CONSTRUCTION Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Dakota County for the construction of 185th Street through the Avonlea 4th Addition development, City Project 18-11. Overview The Avonlea 4th Addition development includes the construction of 185th Street, a future County State Aid Highway (60), from Hamburg Avenue to Cedar Avenue. The County will share in the costs of constructing 185th Street to County standards in accordance with the County policies included in the current adopted Dakota County Transportation Plan. The roadway construction is scheduled to be completed in 2019. The Joint Powers Agreement (JPA) establishes City and County project responsibilities and costs. Primary Issues to Consider • What is the project financing? Dakota County will reimburse Lakeville the County’s share of the costs associated with constructing 185th Street to County standards. Lakeville will subsequently reimburse the Avonlea 4th Addition Developer Dakota County’s share of the costs, not to exceed $716,000. The project is included in Dakota County’s adopted 2018- 2022 Capital Improvement Program. Supporting Information • Joint Powers Agreement (Dakota County Contract No. C0030566) Financial Impact: $0 Budgeted: Y☐ N☐ Source: N/A Related Documents: Avonlea 4th Addition Development Contract Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Alex Jordan, Assistant City Engineer Dakota County Contract C0030566 JOINT POWERS AGREEMENT FOR ENGINEERING AND HIGHWAY CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR COUNTY PROJECT NO. 97-163 CITY PROJECT NO. 18-11 SYNOPSIS: Dakota County and the City of Lakeville agree to construct a portion of Alignment C of adopted Dakota County East-West Corridor Preservation Study (dated November 2003), a future County Road (185th Street), from the intersection at County State Aid Highway (CSAH) 23 (Cedar Avenue) to 2700 feet west in Lakeville, Dakota County. C.P. 97-163 C0030566 October 16, 2018 2 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County"; and the City of Lakeville, referred to in this Agreement as "the City"; and witnesses the following: WHEREAS, under Minnesota Statutes Sections 162.17, subdivision 1 and 471.59, subdivision 1, two or more governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to: a) construct a 2,700-foot segment of Alignment C of adopted Dakota County East-West Corridor Preservation Study (dated June 2003), a future County Road (185th Street), as a two-lane divided roadway that will operate safely and efficiently in the future as a County Road; b) acquire right-of-way (150-foot wide corridor) through dedication for the future expansion to a four- lane divided roadway; c) construct a full intersection at 185th Street and CSAH 23 (Cedar Avenue); and d) construct trails along both sides of 185th Street, hereafter referred to as “the Project”; and WHEREAS, the adopted preservation corridor Alignment C between Interstate 35 to east of CSAH 23 follows the 185th Street alignment; and WHEREAS, County Project (CP) 97-163 includes design, right-of-way dedication and construction of approximately one-half mile of a future County Road (185th Street) to meet County standards in conjunction with the Avonlea 4th Addition development; and WHEREAS, the City desires to construct the improvements in 2018 and 2019 in conjunction with Avonlea 4th Addition’s developer-installed public improvements in anticipation of County reimbursement per policies included in the current adopted Dakota County 2030 Transportation Plan; and WHEREAS, the current adopted Dakota County 2030 Transportation Plan includes Policy F.15 Cost Share Participation – Future County Road Segments: At County discretion, participate in the construction and engineering costs for constructing future County roadway segments to County standa rds, over and above the costs that would have been incurred to construct the segment to city collector street standards ; and WHEREAS, the City is the lead agency for CP 97-163; and WHEREAS, entering into a joint powers agreement (JPA) with the City is ne cessary to define project costs and responsibilities and to proceed with the Project; and WHEREAS, the approved 2018 Transportation Capital Improvement Program (CIP) budget includes $716,000 for the County share of CP 97-163; and C.P. 97-163 C0030566 October 16, 2018 3 WHEREAS, the County will reimburse the City for the County’s share of the Project costs, per policies included in the current adopted Dakota County 2030 Transportation Plan, to the extent funds are budgeted by the County Board; and WHEREAS, the County will assume jurisdiction and maintenance of the future County Road (185th Street) by separate agreement at such time as the County determines it is appropriate to incorporate this segment of road into the County highway system. NOW, THEREFORE, it is agreed that the County and City will share Project responsibilities and jointly participate in the Project costs associated with engineering, highway construction and related activities as described in the following sections: 1. Engineering. Design engineering including all aspects of the Project (public involvement, agency involvement, preliminary/final design etc.), surveying, mapping, construction engineering, construction management, construction inspection, asbuilts, wetland related approvals, and all related materials testing, including the cost of County and City staff time for these purposes . 2. Future County Road Reimbursement. The construction costs for the Project shall be shared in in the amount of forty-eight (48%) by the County and fifty-two (52%) by the City. The County shall reimburse the City the County’s share of the Project in an amount not to exceed $716,000 . This amount is the estimated additional cost of engineering and constructing 185th Street to County standards. 3. Miscellaneous Elements. General maintenance will be handled in accordance with County policies included in the current adopted Dakota County Transportation Plan. 4. City Utilities. Except as stated in the above sections of this Agreement, the City shall pay all other costs for new sanitary sewer, water mains and appurtenances constructed as part of the Project. Further, the City shall be responsible for the maintenance of all such facilities upon final acceptance of the Project. 5. Design and Construction. The City is the lead agency for design and construction administration of this Project, effective upon execution of this Agreement by both Parties. The City and the County shall approve plans and specifications prior to construction. 6. Construction Standards. All construction, including traffic control, shall be accomplished in accordance with applicable State Aid and County standards, specifications and policies to the satisfaction of the County. The County reserves the right to inspect construction materia ls and methods as needed. The County will issue permits for construction within County right-of-way and will waive permit fees. Work on County right-of-way is not authorized until County permits are approved. Construction shall be performed to C.P. 97-163 C0030566 October 16, 2018 4 minimize the duration of traffic delays on CSAH 23 and provide for safe and convenient travel near the Project area. 7. Right-of-Way. The City, in partnership with the developer and in a manner consistent with applicable state laws and rules, will acquire all permanent and temporary highway right-of-way, and right-of-way for sidewalk and trail construction, wetland damage mitigation and banking, drainage and ponding, water pollution control best management practices for the Project, sanitary sewer, water mains and appurtenances, and aesthetic elements. Upon final acceptance of the Project, ownership of the permanent highway right-of- way needed for the operation and maintenance of the future County Road shall remain with the City until such tim e the County shall take over jurisdiction and maintenance responsibility. Upon final acceptance of the Project, ownership of drainage and utility easements shall remain with the City. 8. Payment. The City shall request payment for the County’s share of the Project costs under Paragraph 2, up to a maximum amount of $716,000. The City will provide updated cost estimates to the County showing the County and City shares of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the City to the County at the following times:  prior to start of construction,  quarterly during construction as substantial work is completed,  once per year following the construction season until the Project is complete. Project cost estimate updates include actual and estimated costs for engineering and construction. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change, and that the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective councils or boards regarding Project cost estimates. The City will administer the contract and act as the paying agent f or all payments to the contractor. Payments to the contractor will be made as project work progresses and when certified by the City Engineer. The City will request first payment of the County’s share of the Project costs within the third quarter of 2018. Upon presentation of an itemized claim by the City, the County will reimburse the City for the County’s share of Project costs within 35 days from the presentation of the claim . If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. C.P. 97-163 C0030566 October 16, 2018 5 9. Amendments. Any amendments to this Agreement will be effective only after approval by both governing bodies and execution of a written amendment document by duly authorized officials of each body. 10. Effective Dates. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Except for on-going maintenance activities including storm water management systems, sidewalk/trails, landscape and lighting maintenance, in no event will this Agreement continue in effect after December 31, 2022, unless the parties mutually agree to an extension of the Project term. 11. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by appointed representatives of both Parties prior to execution of work. For the purposes of this section, the City’s appointed representative is Zach Johnson, City Engineer, and the County’s appointed representative is Jeannine Briol, Construction Engineer, or their successors. Both Parties shall endeavor to provide timely approval of change orders and supple mental agreements so as not to delay construction operations. 12. Final acceptance. Final acceptance of the Project must be approved by both the County and the City. 13. Storm Sewer Maintenance. Upon final acceptance of the Project, maintenance of storm water management systems shall be provided in accordance with the current County and City Maintenance Agreement. The County will participate in replacement or repair of storm water management systems constructed with the Project in accordance with County polici es included in the current adopted Dakota County Transportation Plan. 14. Sidewalks and Trails. Upon final acceptance of the Project, maintenance of sidewalks and trails shall be provided in accordance with the current County and City Maintenance Agreement . The County and the City shall be responsible for the costs of trail resurfacing or reconstruction in accordance with County policies included in the current adopted Dakota County Transportation Plan. 15. Pavement Maintenance. Upon final acceptance of the Project, the County shall be responsible for all pavement maintenance within CSAH 23 right-of-way unless necessitated by a failure of a municipal utility system or installation of new facilities. Upon final acceptance of the Project, the City shall be responsible for all pavement maintenance within 185th Street right-of-way until such time the County determines it is appropriate to incorporate this segment of road into the County highway system. At the time the County assumes jurisdiction, the County shall be responsible for all pavement maintenance within 185th Street right- of-way. C.P. 97-163 C0030566 October 16, 2018 6 16. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 17. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/o r those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which the City is responsible, including future operation and maintenance of facilities owned by the City and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All Parties to this Agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. 18. Waiver. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City for any purpose, including Worke r’s Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said County employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. The opposite situation shall also apply: the County shall not be responsible under the Worker’s Compensation Act for any employees of the City. 19. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to this Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 20. Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the Cit y and the County regarding the Project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect after completion of the highway construction provided for in this Agreement. 21. Project Timing. It is understood that if the City’s funding partners for the City’s portion of the Project costs withdraw their commitment to fund their portion of the Project costs, that neither party will be compelled to complete the Project until such time that the funding issues are resolved. C.P. 97-163 C0030566 October 16, 2018 7 22. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach (or successor) Dakota County Transportation Director/County Engineer 14955 Galaxie Avenue Apple Valley, MN 55124 (952) 891-7102 Zach Johnson (or successor) City Engineer City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044-8339 (952)-985-4501 All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] N:\Highway\Agreements\2018\97-163 Lakeville C0030566.docx IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL: By City Engineer Douglas P. Anderson, Mayor (SEAL) By Charlene Friedges, City Clerk Date ------------------------------------------------------------------------------------------------------------------------------------------ DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer County Attorney Date By: Physical Development Division Director COUNTY BOARD RESOLUTIONS No. 18-243 Date: April 24, 2018 Date: 10/22/18 KS18-323