HomeMy WebLinkAbout6.k. Dakota County Joint Powers Agreement AmendmentsI:\City Clerk\Agenda Items\Approved Items\6.k. Dakota County Joint Powers Agreement Amendments.docx
EXECUTIVE SUMMARY
City Council Regular Meeting: February 5, 2019
AGENDA ITEM: Dakota County Joint Powers Agreement
Amendments
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, Director of Public
Works/City Engineer AGENDA NO. 6.k.
ATTACHMENTS: County Resolution 18-403; First
Amendment for Joint Powers Agreement
for City Project 471 (McAndrews Road);
First Amendment for Joint Powers
Agreement for City Project 2017-04 (TH
55/CSAH 42 Intersection); First
Amendment for Joint Powers Agreement
for City Project 2018-05 (Akron Ave)
APPROVED BY: LJM
RECOMMENDED ACTION: Motion Authorizing the Execution of Joint Powers Agreement
Amendments between Dakota County and the City of Rosemount for:
1. City Project 471 – McAndrews Road
2. City Project 2017-04 – TH 55/CSAH 42 Intersection
3. City Project 2018-05 – Akron Ave
BACKGROUND
In 2018, Dakota County revised their cost participation policy for transportation projects occurring within
the various cities of Dakota County. This policy was established in coordination with input from the
Dakota County cities. Ultimately, this policy was approved the County Board on August 7, 2018 via
County Board resolution 18-403 (attached). The previous policy established a 55% County, 45% City
cost-share, while the new policy caps a City’s portion of costs at 25%.
For the City of Rosemount this new policy affects three current JPAs. These projects are:
• McAndrews Road Reconstruction (State Aid eligible ) which was substantially complete in 2018.
• TH 55/CSAH 42 Intersection Improvements (State Aid eligible) which was substantially complete
in 2018.
• Akron Avenue Reconstruction (local funding) which is planned for construction in 2020.
In the case of the projects that were completed in 2018 there are still final punch list items to be
completed this construction season as well as final cost tabulations. For e ach of these projects the
anticipated city cost share will decrease.
RECOMMENDATION
Staff recommends City Council approval of the amendments to these Joint Powers Agreements and
authorization of their execution.
August 7, 2018
WHEREAS, Ordinance No. 101 does not include the procedure for imposition of civil penalties and appeal of
those penalties.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby adopts
administrative procedure revisions for imposition of civil penalties and appeal of those penalties for violations of
Ordinance No. 101, as presented to the General Government and Policy Committee of the Whole on July 17,
2018.
18-403
Adoption Of Revisions To Dakota County Transportation Cost Participation Policies
WHEREAS, to provide safe and efficient transportation, Dakota County partners with State and local agencies in
the delivery of transportation projects; and
WHEREAS, the Dakota County 2030 Transportation Plan contains 18 separate transportation project cost
participation policies applied on an aggregate basis as applicable to arrive at cost-sharing responsibilities
between the County and local units of government on a project-by-project basis; and
WHEREAS, on June 20, 2017, Dakota County enacted the Greater Minnesota Transportation Sales and Use Tax
(Sales Tax); and
WHEREAS, during development of the Sales Tax program of projects, several cities commented that they would
like the County to review the County transportation cost participation policies as they pertain to projects that would
be accomplished using revenues from the Sales Tax; and
WHEREAS, at the July 11, 2017 General Government and Policy Committee of the Whole (GGP) meeting, staff
was directed to return at a later date with options for changes to the policies; and
WHEREAS, a work group comprised of public works directors from Dakota County cities reviewed current policies
and developed recommendations for potential changes; and
WHEREAS, the work group proposed an expanded use of the cap approach in existing policy by aligning caps on
the city share of projects with the functional classification of the highway for projects using revenues from the
Sales Tax; and
WHEREAS, the work group also proposed a cap approach for County Highway replacement projects; and
WHEREAS, the proposed approach was discussed with the Countywide Public Works Directors group and the
Dakota County Administrators/Managers group and subsequently at the GGP meeting on January 2, 2018; and
WHEREAS, the GGP Committee directed staff to seek comments from the cities on the proposed policy revisions;
and
WHEREAS, on April 20, 2018, staff requested comments from Dakota County cities on the proposed policy
revisions; and
WHEREAS, cities responded to this request with general support for the recommended changes but also
requested a more comprehensive look at changes to transportation cost participation policies; and
WHEREAS, the proposed changes to County transportation project cost participation policies are anticipated to
increase the County share of eligible costs for regional highway construction projects by 30 to 35 percent based
on past projects and replacement highway construction projects by up to 36 percent, depending on the project
scope and application of state and federal funds.
-9-
5. - Minutes.doc
August 7, 2018
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby adopts
revisions to transportation project cost participation policies, as presented to the General Government and Policy
Committee on July 17, 2018, for application to projects that begin construction in 2018 or later; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical
Development Director to amend existing joint powers agreements with the respective cities for County
Transportation Projects 8-21, 14-28, 26-52, 38-52, 42-146, 50-23, and 73-19, as necessary, to reflect the revised
transportation cost participation policies, subject to approval from the County Attorney’s Office; and
BE IT FURTHER RESOLVED, That all transportation project cost share policies, including transit-related policies,
will be revisited in a comprehensive manner as part of the Transportation Plan update in 2019.
County Attorney
18-404
Authorization To Execute Agreement To Provide Legal Services To Dakota Broadband Board
WHEREAS, the Dakota Broadband Board is a new joint powers organization established by a joint powers
agreement among the Cities of Apple Valley, Burnsville, Farmington, Hastings, Inver Grove Heights, Lakeville,
Mendota Heights, Rosemount, South St. Paul, West St. Paul, Dakota County and the Dakota County Community
Development Agency; and
WHEREAS, the Dakota Broadband Board requires the services of legal counsel to advise and represent the
Dakota Broadband Board on various matters; and
WHEREAS, the joint powers agreement authorizes the Dakota Broadband Board to enter into contracts as
necessary to accomplish its purpose and responsibilities; and
WHEREAS, the Dakota County Attorney’s Office is willing to provide legal services to the Dakota Broadband
Board at an hourly rate of $190.00 for services provided in 2018, with the hourly rate adjusted annually by an
inflation measure; and
WHEREAS, the Dakota Broadband Board has informed the County Attorney’s Office that its preference is to
receive legal services from the Dakota County Attorney’s Office and that it intends to take formal action at the
August 8, 2018 meeting, to approve an agreement with the Dakota County Attorney’s Office for legal services.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the
Dakota County Attorney to execute an agreement with the Dakota Broadband Board for the Dakota County
Attorney’s Office to provide legal services to the Dakota Broadband at an hourly rate of $190.00 for services
provided in 2018, with the hourly rate adjusted annually thereafter by the Minneapolis-St. Paul Consumer Price
Index for Urban Areas (CPIU) for the previous 12 months as calculated by the U.S. Department of Labor, with
either party having the power to terminate the agreement without cause by providing written notice to the other
party, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That this approval to execute a new agreement is contingent upon the Dakota
Broadband Board adopting a resolution authorizing execution of the agreement for legal services.
18-405
Authorization To Opt Into Class Action Lawsuit To Recover Amounts Due Under Payments In Lieu Of
Taxes Act And Authorize County Attorney To Take Necessary Actions
WHEREAS, the United States Court of Federal Claims has certified a class action against the federal government
by local units of government that received payments under the federal Payment in Lieu of Taxes (PILT) Act for
fiscal years 2015, 2016 and 2017; and
-10-
5. - Minutes.doc
Dakota County Contract C0029156-1
1
FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR ENGINEERING, RIGHT OF WAY ACQUISITION AND HIGHWAY CONSTRUCTION
DAKOTA COUNTY PROJECT NO. 38-52
CITY PROJECT NO. 471
WHEREAS, effective September 17, 2017, the County of Dakota (County) and City of Rosemount
(“City”) entered into a JOINT POWERS AGREEMENT (“JPA”) for the engineering, right of way
acquisition and highway construction of County Project No. 38-52 and City Project No. 471; and
WHEREAS, the parties desire to amend the JPA to include the County’s revised transportation project
cost participation policies adopted by the Dakota County Board of Commissioners on August 7, 2018
pursuant to Resolution No. 18-403; and
WHEREAS, the JPA provides that any amendments shall be valid only when expressed in writing and
duly signed authorized representatives of both parties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as
follows:
1. To REPLACE Section 7 Payment with the following:
7. Payment.
A. Cost Sharing Cap. After application of all applicable cost sharing provision of this Agreement and
County transportation cost sharing polices for new or reconstruction involving excavation and other new
or reconstructed infrastructure contained in F.1 through F.18 in the adopted 2030 Dakota County
transportation Plan, except policies F.2 - Aesthetic, F.6 - Traffic Signals, and F.16 - Small Safety
Projects, the City cost share total payment requirement will be capped at a maximum of 25% percent of
total County eligible project costs, including all engineering, right of way acquisition, construction, and
construction administration costs. Costs identified as 100% the responsibility of the City, if any, such as
City utility improvements not required as part of the highway project, and aesthetics costs not eligible for
County participation are not County eligible project costs and will be at City’s sole cost in accordance
with applicable County policies.
For any portion of the Project where the County is retaining existing pavement, the cost share cap will
be calculated by applying 100 percent County cost to existing pavement retained and/or rehabilitated
through resurfacing, reclamation, or other methods, as part of the final project and applicable cost share
policies.
B. Administration. The County will administer the contract and act as the paying agent for all payments to
the Contractor. Payments to the Contractor will be made as the project work progresses and when
certified by the County Engineer.
C. Invoicing. Upon presentation of an itemized invoice by one agency to the other, the receiving agency
shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 35
days from the presentation of the invoice. If any portion of an itemized invoice is questioned by the
receiving agency, the undisputed portion of the invoice shall be promptly paid, and accompanied by a
written explanation of the amounts in dispute. Payment of any amounts in dispute will be made following
good faith negotiation and documentation of actual costs incurred in carrying out the work.
2
2. All other terms of the JPA between the County and City shall remain in full force and effect
unless otherwise amended or terminated in accordance with law or the terms of the Contract.
3. In any case where this Amendment conflicts with the earlier Contract, this Amendment shall
govern.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
__________________________ By_________________________
Public Works Director Mayor
(SEAL)
By_________________________
City Clerk
Date_______________________
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By
Physical Development Director
__________________________ Date________________
County Engineer
APPROVED AS TO FORM:
Assistant County Attorney Date
KS-2018-_____________
COUNTY BOARD RESOLUTION
No. 18-403 Date: August 7, 2018
Dakota County Contract C0028996-1
1
FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR ENGINEERING, DESIGN AND CONSTRUCTION
DAKOTA COUNTY PROJECT NO. 42-146
CITY PROJECT NO. 2017-04
WHEREAS, effective September 27, 2017, the County of Dakota (County) and City of Rosemount
(“City”) entered into a JOINT POWERS AGREEMENT (“JPA”) for the engineering, design and
construction of County Project No. 42-146 and City Project No. 2017-04; and
WHEREAS, the parties desire to amend the JPA to include the County’s revised transportation project
cost participation policies adopted by the Dakota County Board of Commissioners on August 7, 2018
pursuant to Resolution No. 18-403; and
WHEREAS, the JPA provides that any amendments shall be valid only when expressed in writing and
duly signed authorized representatives of both parties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as
follows:
1. To REPLACE Section 9. Payment with the following:
9. Payment.
A. Cost Sharing Cap. After application of all applicable cost sharing provision of this Agreement and
County transportation cost sharing polices for new or reconstruction involving excavation and other new
or reconstructed infrastructure contained in F.1 through F.18 in the adopted 2030 Dakota County
transportation Plan, except policies F.2 - Aesthetic, F.6 - Traffic Signals, and F.16 - Small Safety
Projects, the City cost share total payment requirement will be capped at a maximum of 25% percent of
total County eligible project costs, including all engineering, right of way acquisition, construction, and
construction administration costs. Costs identified as 100% the responsibility of the City, if any, such as
City utility improvements not required as part of the highway project, and aesthetics costs not eligible for
County participation are not County eligible project costs and will be at City’s sole cost in accordance
with applicable County policies.
For any portion of the Project where the County is retaining existing pavement, the cost share cap will
be calculated by applying 100 percent County cost to existing pavement retained and/or rehabilitated
through resurfacing, reclamation, or other methods, as part of the final project and applicable cost share
policies.
B. Administration. The County will administer the contract and act as the paying agent for all payments to
the Contractor. Payments to the Contractor will be made as the project work progresses and when
certified by the County Engineer.
C. Invoicing. Upon presentation of an itemized invoice by one agency to the other, the receiving agency
shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 35
days from the presentation of the invoice. If any portion of an itemized invoice is questioned by the
receiving agency, the undisputed portion of the invoice shall be promptly paid, and accompanied by a
written explanation of the amounts in dispute. Payment of any amounts in dispute will be made following
good faith negotiation and documentation of actual costs incurred in carrying out the work.
2
2. All other terms of the JPA between the County and City shall remain in full force and effect
unless otherwise amended or terminated in accordance with law or the terms of the Contract.
3. In any case where this Amendment conflicts with the earlier Contract, this Amendment shall
govern.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
__________________________ By_________________________
Public Works Director Mayor
(SEAL)
By_________________________
City Clerk
Date_______________________
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By
Physical Development Director
__________________________ Date________________
County Engineer
APPROVED AS TO FORM:
Assistant County Attorney Date
KS-2018-_____________
COUNTY BOARD RESOLUTION
No. 18-403 Date: August 7, 2018
Dakota County Contract C0030020-1
1
FIRST AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR ENGINEERING, RIGHT OF WAY ACQUISITON AND CONSTRUCTION
DAKOTA COUNTY PROJECT NO. 73-19
CITY PROJECT NO. 2018-05
WHEREAS, effective May 11, 2018, the County of Dakota (County) and City of Rosemount (“City”)
entered into a JOINT POWERS AGREEMENT (“JPA”) for the engineering, right of way acquisition
and construction of County Project No. 73-19 and City Project No. 2018-05; and
WHEREAS, the parties desire to amend the JPA to include the County’s revised transportation project
cost participation policies adopted by the Dakota County Board of Commissioners on August 7, 2018
pursuant to Resolution No. 18-403; and
WHEREAS, the JPA provides that any amendments shall be valid only when expressed in writing and
duly signed authorized representatives of both parties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as
follows:
1. To REPLACE Section 9. Payment with the following:
9. Payment.
A. Cost Sharing Cap. After application of all applicable cost sharing provision of this Agreement and
County transportation cost sharing polices for new or reconstruction involving excavation and other new
or reconstructed infrastructure contained in F.1 through F.18 in the adopted 2030 Dakota County
transportation Plan, except policies F.2 - Aesthetic, F.6 - Traffic Signals, and F.16 - Small Safety
Projects, the City cost share total payment requirement will be capped at a maximum of 25% percent of
total County eligible project costs, including all engineering, right of way acquisition, construction, and
construction administration costs. Costs identified as 100% the responsibility of the City, if any, such as
City utility improvements not required as part of the highway project, and aesthetics costs not eligible for
County participation are not County eligible project costs and will be at City’s sole cost in accordance
with applicable County policies.
For any portion of the Project where the County is retaining existing pavement, the cost share cap will
be calculated by applying 100 percent County cost to existing pavement retained and/or rehabilitated
through resurfacing, reclamation, or other methods, as part of the final project and applicable cost share
policies.
B. Administration. The County will administer the contract and act as the paying agent for all payments to
the Contractor. Payments to the Contractor will be made as the project work progresses and when
certified by the County Engineer.
C. Invoicing. Upon presentation of an itemized invoice by one agency to the other, the receiving agency
shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 35
days from the presentation of the invoice. If any portion of an itemized invoice is questioned by the
receiving agency, the undisputed portion of the invoice shall be promptly paid, and accompanied by a
written explanation of the amounts in dispute. Payment of any amounts in dispute will be made following
good faith negotiation and documentation of actual costs incurred in carrying out the work.
2
2. All other terms of the JPA between the County and City shall remain in full force and effect
unless otherwise amended or terminated in accordance with law or the terms of the Contract.
3. In any case where this Amendment conflicts with the earlier Contract, this Amendment shall
govern.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
__________________________ By_________________________
Public Works Director Mayor
(SEAL)
By_________________________
City Clerk
Date_______________________
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By
Physical Development Director
__________________________ Date________________
County Engineer
APPROVED AS TO FORM:
Assistant County Attorney Date
KS-2018-_____________
COUNTY BOARD RESOLUTION
No. 18-403 Date: August 7, 2018