DEPARTMENT: Parks
FILE TYPE: Consent Action
TITLE
title
Authorization To Amend Budget And Joint Powers Agreement With Apple Valley, And To Execute Second Amendment With McNamara Contracting, Inc. For Construction Related To North Creek Greenway, Apple Valley Gaps Segment, County Project P50009
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PURPOSE/ACTION REQUESTED
• Authorize amendment number two to the City of Apple Valley joint powers agreement (JPA) C0034873 for city-requested Change Orders.
• Authorize a budget amendment for the city-requested Change Orders that will be invoiced back to the City of Apple Valley at 100 percent City cost.
• Authorize the execution of construction contract amendment two with McNamara Contracting Inc. to complete the greenway trail construction work for County Project (CP) P50009, North Creek Greenway (NCGW) Apple Valley Gaps.
SUMMARY
To provide a safe and efficient transportation system, Dakota County is proceeding with the North Creek Greenway: Apple Valley Gaps Project, which is the construction of 1.7 miles of greenway providing connections between Apple Valley and Lakeville, including Quarry Park, Cobblestone Lake, and East Lake in Lakeville (Attachment: Project Location). The project includes a ten-foot-wide shared-use trail, storm sewer, landscaping, American Disabilities Act (ADA) improvements, greenway wayfinding, and a pedestrian bridge. The project started construction in the spring of 2024 and will be completed during the spring of 2025.
By Resolution No. 21-422 (August 24, 2021), Dakota County executed a JPA with the City of Apple Valley for the design and construction of the North Creek Greenway: Apple Valley Gaps Project with a County contribution not to exceed $963,440. The City was responsible for bidding, awarding, and managing the construction contract and received one bidder by the bid opening of April 11, 2023, with a proposal of $1,985,578.69. The proposed Dakota County cost share increased to a not-to-exceed amount of $1,904,718, including a five percent contingency.
By Resolution No. 23-376 (August 29, 2023), the Dakota County Board authorized the execution of a contract with McNamara Contracting Inc. for Greenway trail construction, the amendment of the budget, and amendment of the JPA with Apple Valley for construction contract bidding and award changes related to the North Creek Greenway Apple Valley Gaps Project.
To utilize efficiencies in cost and contractor mobilization, the City of Apple Valley requested change orders incurred by the County for curb relocates, including bituminous/asphalt replacement and any other repair/replacement-associated work necessary to complete the curb relocates on the Cobblestone East project area, or change order two. The City also requested a third change order for the pavement loop repaving and other associated work necessary to complete the pavement loop repaving on the Quarry Park project area. Staff has been coordinating on the draft JPA amendments since the summer of 2024. Both staffs have approved and provided draft language for JPA amendment number two, that the City shall reimburse the County for actual construction costs incurred by the County as identified in the bid plans and/or submitted by the contractor as a formal change order (Attachment: Draft Amended Joint Powers Agreement). Because the change orders exceeded $150,000, the budget compliance policy requires board authorization to incorporate the budget amendment even with change orders two and three, or $239,917, being the 100% City of Apple Valley responsibility.
RECOMMENDATION
recommendation
Staff recommends amending the budget by $239,917 to incorporate the work McNamara Contracting has completed for the City of Apple Valley to utilize contractor and project area efficiencies for adjacent City trail improvements. Staff also recommends amending the JPA with Apple Valley for the changes associated with the City requested change orders two and three. Staff recommends authorizing a contract amendment with McNamara Contracting, Inc. in the amount of $273,840 for construction change orders.
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EXPLANATION OF FISCAL/FTE IMPACTS
A budget amendment of $239,917 is required to account for the additional costs associated with the City requested change orders. The costs will be reimbursed 100 percent by the City of Apple Valley.
☐ None ☐ Current budget ☐ Other
☒ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, by Resolution No. 21-422 (August 24, 2021), Dakota County executed a joint powers agreement (JPA) with the City of Apple Valley for the design and construction of the North Creek Greenway Apple Valley Gaps Project; and
WHEREAS, the North Creek Greenway Apple Valley Gaps Project includes the construction of 1.6 miles of trail from its connection with Cobblestone Lake to 155th Street West; and
WHEREAS, the City of Apple Valley leads the design and engineering contract and is also leading the construction management and inspection of the project; and
WHEREAS, by Resolution No. 23-376 (August 29, 2023), the County Board authorized an amended joint powers agreement to adjust construction contract bidding and award from the City to the County and increase the Dakota County cost share to a not-to-exceed amount of $2,042,487, including a five percent contingency; and
WHEREAS, the City of Apple Valley will contribute an estimated $443,140 of total project costs associated with the Cobblestone Lake Loop project area; and
WHEREAS, change order one amount was $33,924 for 12-inch concrete walk work, extra excavation and base, and turf stabilization required for the project and will be included in the estimated total project costs associated with the Cobblestone Lake Loop project area and split between agencies; and
WHEREAS, to utilize efficiencies with budget and contractor mobilization, the City of Apple Valley requested two change orders for curb relocates and associated work on the Cobblestone East project area and pavement loop repaving and other associated work in the Quarry Park Project area that will be reimbursed to the County at 100 percent City cost, or $239,917, with the execution of JPA amendment number two.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director to amend the joint powers agreement contract with the City of Apple Valley to include reimbursement by the city for 100 percent of the costs associated change orders two and three located in the Cobblestone Lake and Quarry Point Park project areas, resulting in a total amended budget amount not to exceed $2,282,346, including reimbursable items and the previously approved five percent contingency, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Physical Development Director, or their designee, to execute a second amendment to the contract with McNamara Contracting, Inc. in the amount of $273,841 for increased costs, resulting in a total amount of $2,221,328 for the construction work (County Project P50009) associated with the North Creek Greenway Apple Valley Gaps Segment, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the 2025 Parks Capital Improvement Program Budget is hereby amended as follows:
Expense
NCGW AV Gaps $239,917
Total Expense $239,917
Revenue
City of AV $239,917
Total Revenue $239,917
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PREVIOUS BOARD ACTION
11-517; 10/18/11
21-422; 8/24/21
23-376; 8/29/23
ATTACHMENTS
Attachment: Project Location
Attachment: Draft Amended Joint Powers Agreement
BOARD GOALS
☒ Thriving People ☒ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Niki Geisler
Author: Tony Wotzka