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October 2, 2014 Item No.
JOINT POWERS AGREEMENT WITH DAKOTA COUNTY
FOR ENGINEERING, RIGHT-OF-WAY ACQUISTION AND CONSTRUCTION
OF DODD BOULEVARD FROM SOUTH CITY LIMITS TO 215TH STREET
October 6, 2014 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion. Move to -approve Joint Powers
Agreement JPA with Dakota Counly for Engineering,Right-of-Way Acquisition and
Construction of Dodd Boulevard from south Cid limits to 21sth Street, City Project 14-a.6.
Passage of this motion will establish City and County project responsibilities and costs
associated with the roadway improvement project.
Overview
The City and County propose to reconstruct Dodd Boulevard (CSAR g) from the south City
limits to 215th Street (CSAR 70) as part of the reconstruction of Scott CSAR 2 in New Market
Township and Dakota CSAR g in Eureka Township. Proposed roadway improvements within
the City are scheduled to be constructed in 2o:i5 and include roadway reconstruction and
widening, turn lanes at the intersections and paved shoulders.
Attached is a JPA with Dakota County that identifies the project responsibilities and costs. The
Dakota County Board of Commissioners has approved the JPA.
Primark Issues to Consider
What is the project financing? See attached response.
Supporting Information
® Staff analysis of primary issues
® Joint Powers Agreement (Contract No. Coo26.148)
Zac Johnso
City ineer
Financial Impact: $163,000 Budgeted: Yes _ Source: Municipal State Aid
Related Documents (CIP, ERP, etc.): 2014-2018 Capitaf Improvement Plan
Notes: Additional funding provided by Federal Funding and Dakota County
Staff Anal sis of PrimaW Issues
0 What is the project financing?
The City will be responsible for 45% of the project costs (i.e, engineering, right-of-way
acquisition and construction). The overall reconstruction project is approved for
$5,62o,000 in Federal funding. The Federal funding amount for the reconstruction of
Dodd Boulevard within the City will be based on the percentage of construction costs
within the City. After deducting the Federal funding, the remaining construction costs
for the section of Dodd Boulevard within the City will be shared by the County (55%)
and the City (45%). Financing will be provided from the Municipal State Aid Street
Fund.
Listed below is a summary of the project's funding sources:
Dakota County: $199,222
® City of Lakeville: s163,000
Total Project: $362,222
Dakota County,. Contract .00026148
SYNOPSIS: Dakota County Transportation Department and the City agree to :reconstruct County
State Aid Highway (CSAH} 9 (Dodd Boulevard) from the south .Lakeville limits to>400 feet south of
CSAR 70 (215'h Street) in Lakeville, Dakota County.
Contract No. C0026148
S. P. 019=609-018, 188-020=023
October 2, 2014
THIS AGREEMENT,. made and entered into by and between the County of Dakota; referred to in
this Agreementas "County";.and the City of Lakeville, referred to in this Agreement as "City"
WHEREAS, under Minnesota Statutes Section 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 govemmentai units; and
WHEREAS,1he reconstruction -;of CSAH 9 (Dodd;Boulevard) from the south Lakeville limits to 400
feet south of CSAH 70 (21'5t" Street) is included in the reconstruction -project on Scott CSAH 2 and
Dakota CSAH 9 (Dodd Boulevard) that extends= southerly to 400 feet east of Scott CSAH 46 in
New Market Township, Scott County, the "Project"; and
WHEREAS, Federal funding has been programmed which will cover a portion of the costs for the
reconstruction of Scott CSAH 2 and Dakota CSAH 9 (Dodd Boulevard); and
WHEREAS, the County and City have included this project in their Capital Improvement Programs
and will jointly participate in the costs of said engineering, construction, and right of way acquisition
after applying Federal funds.
NOW, THEREFORE, itis agreed that the County and the City will share project responsibilities;
and after deducting Federal funding, jointly participate it the remaining project costs associated
with engineering, highway reconstruction, right of way acquisition, and related activities as
described in the following sections:
Engineering. Design engineering including all aspects of the project (public involvement,
preliminary design, final design, etc.), construction engineering, construction management,
construciiori nspection and ali related materials testing shall besplitbased on the CounVsrand
City's share of final construction costs.
2. Roadway Construction Items (CSAH 9). The Federal funding amount currently
programmed for the Project is 5,619,000. The Federal funding amount'for the °reconstruction of
CSAH 9 (Dodd :Boulevard). in Lakeville will be based on the percentage of construction costs within
Lakeville. After deducting Federal funding, the remaining construction costs for CSAH 9 (Dodd
Boulevard) in Lakeville shall be shared in the amount offiftywfive (55%).percent:by the County and
forty-five (45%) percent.by the City.
Contract No. C0026148
S.P. 019-609-018, 188-020-023
October 2, 2014
3. Right -of -Way. The undertake,alFactions necessary to acquire:all,.,permanent
and temporary hlighwaytight .of way; . and will :acquire ,,all;right:of way: fordrainage and pond ing, and
water: pollutioncontrol best management practices,for.'Ithe.;prcject. ;Except asset forth below, the
costs of acquiringNghwqy right of way, including :right.of,way for drainage inlets and outlets, shall
be shared in the amount of 55% by the County and 45% by the City. Any right of way costs for
new, sanitary sewer, water mains and appurtenances,. and aesthetic elements outside of the right of
way needed for the highway` improvements shall be the .responsibility Of 1h 6 City.
4. Des .1 J1 for project .design j-qn andConstruction., The �Couhty,%,is� he ead agency:4
construction.,admiriistrati6n,effective :.upon ,execution of,this-',A,gr.eomehtby both parties., The :City
and the County shall approve the plans ,and .specifications :prior to advertising .forbids. The. County
Board,will:award the contra ct:for construction to. the lowest responsive and responsible,bidder:in
accordance with state law.
5. :.Payment.. The:.C,.ounty,.wi.11:administer-:the contract and. act as the ppyin0agent forall
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payments to the Contractor. Payments to the Contractor will be made as the project work
progresses and when certified bythe County Engineer. The County shall provide a financial status
report to the City on a quarterly :basis. The report shall show estimated final -costs, costs paid to
date, ,and each entit st.–The'CoLint
.V's prorata share of the.16tal,,pr'bject co ywil[request1irst
payment of the City's share of the project costs (i e. engineering, right-way-wa t.
y acqu....o
construction) after August 1., 2014, but no later than -November 1,2014. The County Will request'
payment on a quarterly basis,forany project costs incurred after those included. in the 2014
payment request. Upon presentation of an fteMized claim by:one agency to the other, the
receiving .agency shall reimburse the invoicing agency for its share:of the. costs�incurred underthis
agreement Within 35 days from thepresentation 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 ley 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
6. Amendments. Any amendment Jothis Agreement will be effective only after approval by
both,governin �:bodi.es.-:and,�exebution".of�.,�:,wriften:,.amen-dme.nt document.by duly authorized offi i Is
9 ca
ofeach .body,
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Contract No. C0026148
SR 019-609-018, 188-020023
October 2, 2014
7. Effective Dates. This Agreement will.be effective upon execution : byduly, authorized
officials of each governing body and Zhall continue in. effect until all work 1o`be.:carried i,out in
accordance with' his Agreement has been :completed. . In no event will this Agreement, continue: in
effect after :December 31.,,2016,unless :.the.oiarties:,..mtjtuEiii.yagreeto:anextensionof the project
term.
8. Change Orders and,.Supplemental A regiments.. Any change :orders or supplemental
agreements that affect the project cost participation must be approved by appointed
representatives :..of;both ::kParties :prior :to,,,execUtion,bf work. For,.thepurposes,,,of this section, the
City's appointedrepresentative 1s Zabh Johnson,'Oty'Engineer, and4he'County's appointed
representative :is:Ross:'Be.ck%With,:Construction :Engineer ,,,or their,.,successors. Both Parties shall
endeavor .to,provide :timelyppprovaI of'ohangeord ers and, supplemental "agreementsso::as not to
delay construction operations.
9. 'Final completion,. Final compietion:6f,the construction prOject,must-beapprovedby�.both
the County .and the :City.
10. Pavernent: Maintenance. Upon acceptance of the projec by the County and. City, the
County shall be. responsiblefor all .:pavement .maintenance within Countyright of way unless
necessitated by afai,iu.re.of a municipal utility sys.tem:o.r installation ofi new. facilities.
11. Subsequent Excavation. After completion of the project, ect, and after, expiration of the
warranty period regarding repair, f excavation within the highwayright of way is necessary to
y
repair or install water, sewer,orother city 'utifities, the City shall apply for -a permit.from the County
.and . s ha. I . I:beresponsible to restore the excavated area and road surface to its original condition at
the `time of:disturbance. 'If the City fails to have the .h.ighway.pro.pe.ei.y,,restored, 'the.County
Engineer may have the work done: and the.City thatl pay for the work within ZO 'days following
receipt of a :Written claim'bythe County.
12. Rules and Regulations, The County and theCity shalLab-ide by Minnesota :Department :,of
Transportation standard specifications, runes and contract administration procedures.
..1.3. 'Indemnification. The County ...,agrees -to.defend, hd:emnify,.and -hold harmless 4h -e, City
against any -and all 'cla:ims,: liability,: loss, damage, or expense arising under the:provisions_of ::this
Agreement,,and:caused :b
Y or, resulting from;negligentacts or omissions ofthe :County andfor those
of County employees or agents. The City agrees to defend, indemnify, and hold harmless the
El
Contract No, CO026148
S.P. 019-609=018, 188-�020-023
October 2, 2014
County against any and all claims, liability, loss; darnage, 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 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 againsi
either party, nothing in this agreement shall be construed to:allow a claimant to obtain separate
judgments or separate liability caps from the individual patties..
14. Acts of Employees. 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`' 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 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 and any and all claims made by any third party as
a consequence of any act or omission onthe part :of City employees while °so engaged on any of
the work contemplated herein shall not be;_the obligation or responsibility of'the County.
15. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records,
documents; and,a.ccounting 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.
16: 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 City and the County regarding the project; whether written or oral. Alf agreements for
future maintenance or cost responsibilities shall survive and continue in full force and effect after
completion of the highway reconstruction provided for in this Agreemerit.
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IN WITNESS THEREOF; the Parties have caused this agreernent to'be executed'by their duly
authorized officials.
CITY OFLAKEVILLE
By
CityCierk
Date
By
Mayor
(SEAL)
RECOMM'END'ED FOR APPROVAL:
County—Engineer
APPROVED AS TO'FORM:
Assistant County Attorney Date