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Home My WebLink About6.o. Joint Powers Agreement - CSAH 42 Visioning Study, City Project 2020-10I:\City Clerk\Agenda Items\Approved Items\6.o. Joint Powers Agreement - CSAH 42 Visioning Study, City Project 2020-10.docx EXECUTIVE SUMMARY City Council Regular Meeting: February 4, 2020 AGENDA ITEM: Joint Powers Agreement - CSAH 42 Visioning Study, City Project 2020-10 AGENDA SECTION: Consent PREPARED BY: Brian Erickson, Director of Public Works/City Engineer AGENDA NO. 6.o. ATTACHMENTS: Joint Powers Agreement between Dakota County and the Cities of Apple Valley, Burnsville and Rosemount APPROVED BY: LJM RECOMMENDED ACTION: Motion Authorizing the Execution of a Joint Powers Agreement between Dakota County and the City of Rosemount to perform a transportation planning corridor study of CSAH 42 from the county’s western border to U.S. Highway 52. BACKGROUND Attached for City Council review and approval is a Joint Powers Agreement (JPA) for conducting a transportation planning corridor study of County State Aid Highway 42 (CSAH 42). SUMMARY Dakota County is preparing to update their transportation planning corridor study of CSAH 42 that was previously performed in 1999 with additional interim updates. This study will review nearly the entire length of CSAH 42 and incorporate current traffic and the land uses based on the 2040 Comprehensive Plan. The ultimate result of the framework will provide a framework to guide future improvements. Because CSAH 42 is designated as a principal arterial, the city cost share of the study is 15% which is proposed to be shared equally between the cities of Apple Valley, Burnsville and Rosemount. Dakota County will pay the remaining 85% of the cost. The negotiated cost of the project is $707,294.00 and the City of Rosemount share is $35,364.67. As part of the study, there will be a number of opportunities for public input including open houses, focus group meetings, online surveys and local support group meetings. In addition, the consultant will work with each community to ensure that the community priorities are included as part of the study. The schedule anticipates a final report to be delivered by May 2021. The City Attorney has reviewed the document and made minor comments that have been discussed with the County. As there are three other parties to this JPA, it is possible that other minor verbiage changes may be made; however, they are not anticipating being substantive in nature or require follow up approval by the Council. RECOMMENDATION Staff recommends City Council approval of the Joint Powers Agreement and authorization to execute it. Dakota County Contract Nos. C0032436 Apple Valley C0032437 Burnsville C0032438 Rosemount JOINT POWERS AGREEMENT FOR COUNTY HIGHWAY 42 VISIONING STUDY BETWEEN THE COUNTY OF DAKOTA, THE CITY OF APPLE VALLEY, THE CITY OF BURNSVILLE, AND THE CITY OF ROSEMOUNT FOR DAKOTA COUNTY PROJECT NO. 42-144 CITY OF APPLE VALLEY PROJECT NO. 2020-125 CITY OF BURNSVILLE PROJECT NO. 19-702 CITY OF ROSEMOUNT PROJECT NO. 2020-10 SYNOPSIS: Dakota County and the Cities of Apple Valley, Burnsville, and Rosemount agree to conduct a transportation planning corridor study of County State Aid Highway (CSAH) 42 from the County’s west border in Burnsville, through Apple Valley, to US Highway 52 in Rosemount. The Study will update a similar plan completed in 1999, incorporating changes since that time, and considering current traffic and land uses based on 2040 Comprehensive Plans. The Study’s products will provide a current framework to guide future improvements. Dakota County Project 42-144 Apple Valley, Burnsville, and Rosemount February 2020 Page | 2 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as the "County", and the Cities of Apple Valley, Burnsville, and Rosemount, referred to in this Agreement as the "Cities", and witnesses the following: WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 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 conduct a transportation planning corridor study, providing data and reports to manage County State Aid Highway (CSAH) 42 from the County’s west border in Burnsville, through Apple Valley, to US Highway 52 in Rosemount (the “Study”); and WHEREAS, the County and Cities have included the Study in their Capital Improvement Programs and will jointly participate in the costs of said Study. WHEREAS, to provide a safe and efficient transportation system, the County and the Cities are partnering on County Project No. 42-144; City Project Nos. 2020-125 (Apple Valley), 19-702 (Burnsville), and 2020-10 (Rosemount); and NOW, THEREFORE, it is agreed the County and Cities will share responsibilities and jointly participate in the costs associated with the County Highway 42 Visioning Study and related activities as described in the following sections: 1. Administration. The County will enter into and administer the contract with a consulting firm, the consulting engineer, and will coordinate the Study’s work of the consulting engineer with the Cities. The County and each City shall each retain final decision-making authority within their respective areas of responsibility. 2. County’s Share of Costs for the Study. Based on the CSAH 42 classification as a principal arterial highway, Dakota County shall be responsible for 85% of Study costs. Dakota County Project 42-144 Apple Valley, Burnsville, and Rosemount February 2020 Page | 3 3. Cities’ Share of Costs for the Study. The three cities shall be responsible for 15% of Study costs. From this 15% of total Study costs, each city (Apple Valley, Burnsville, and Rosemount) shall then be responsible for equal cost shares: 1/3 or 33.33% each. The Cities and Dakota County arrived at this equal cost sharing approach based on the anticipated issues to be addressed and the efforts to be applied through management of the CH 42 Visioning Study. 4. Payment. The County will administer the contract and act as the paying agent for all payments to the consulting engineer. Payments will be made as the Study work progresses and when certified by the County Engineer. The County, in turn, will bill the Cities for their share of the Study costs. Upon presentation of an itemized claim 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 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. 5. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Study cost participation must be approved by all parties prior to execution of work. 6. Amendments to this Agreement. Any amendments to this Agreement will be effective only after approval by each governing body and execution of a written amendment document by duly authorized officials of each body. 7. 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. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2022. 8. Final Study Completion. Final completion of the Study must be approved by all parties. The Study’s schedule anticipates final adoption of findings and recommendations by the summer of 2021. 9. 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/or 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 and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All Dakota County Project 42-144 Apple Valley, Burnsville, and Rosemount February 2020 Page | 4 parties to this Agreement recognize that liability for any tort 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 tort 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. The City shall include the County as additional insured in the contract documents. 10. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and each City relevant to the 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 each City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. Dakota County will be financially responsible for the cost of the audit. 11. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the Cities for any purpose, including Worker’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 Cities. The opposite situation shall also apply: the County shall not be responsible under the Worker’s Compensation Act for any employees of the Cities and any and all claims made by any third party as a consequence of any act or omission on the part of said Cities employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 12. 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 Cities and the County regarding the County Highway 42 Visioning Study, whether written or oral. 13. Authorized Representatives: The authorized representatives for the purpose of the administration of this Agreement are: Dakota County Project 42-144 Apple Valley, Burnsville, and Rosemount February 2020 Page | 5 COUNTY OF DAKOTA CITIES OF APPLE VALLEY, BURNSVILLE, & ROSEMOUNT Mark Krebsbach, Dakota County Engineer (or successor) 14955 Galaxie Ave. Apple Valley, MN 55124 Office: (952) 891-7102 mark.krebsbach@co.dakota.mn.us Matt Saam, Public Works Director (or successor) City of Apple Valley 7100 147th Street W Apple Valley, MN 55124 Office: (952) 953-2412 msaam@ci.apple-valley.mn.us Jen Desrude, City Engineer (or successor) City of Burnsville 100 Civic Center Parkway Burnsville, MN 55337 Phone: 952-895-4544 jen.desrude@burnsvillemn.gov Brian Erickson, City Engineer & Public Works Director (or successor) City of Rosemount 2875 145th Street West Rosemount, MN 55068 Office: (651) 322-2025 brian.erickson@ci.rosemount.mn.us Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses, unless otherwise stated in this Agreement or in a modification of this Agreement. [SIGNATURE PAGES TO FOLLOW] Dakota County Project 42-144 Apple Valley, Burnsville, and Rosemount February 2020 Page | 6 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF APPLE VALLEY RECOMMENDED FOR APPROVAL: By Public works Director, Matt Saam Mayor, Mary Hamann-Roland APPROVED AS TO FORM: (SEAL) By City Attorney City Clerk, Pamela Gackstetter Date Dakota County Project 42-144 Apple Valley, Burnsville, and Rosemount February 2020 Page | 7 CITY OF BURNSVILLE RECOMMENDED FOR APPROVAL: By Public Works Director, Ryan Peterson Mayor, Elizabeth B. Kautz APPROVED AS TO FORM: (SEAL) By City Attorney City Manager, Melanie Mesko Lee Date Dakota County Project 42-144 Apple Valley, Burnsville, and Rosemount February 2020 Page | 8 CITY OF ROSEMOUNT RECOMMENDED FOR APPROVAL: By Public Works Director, Brian Erickson Mayor, William Droste APPROVED AS TO FORM: (SEAL) By City Attorney City Clerk, Erin Fasbender Date Dakota County Project 42-144 Apple Valley, Burnsville, and Rosemount February 2020 Page | 9 DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By County Engineer, Mark Krebsbach Physical Development Director, Steven Mielke Date: APPROVED AS TO FORM: _______________________________________ Assistant County Attorney Date COUNTY BOARD RESOLUTION No. 20- Date: