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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