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Dakota County Contract C0027751
JOINT POWERS AGREEMENT FOR
ENGINEERING, RIGHT OF WAY ACQUISITION, AND
HIGHWAY CONSTRUCTION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF LAKEVILLE
FOR
DAKOTA COUNTY PROJECT NO. 5-50
CITY PROJECT NO. 13-07
SYNOPSIS: Dakota County and the City of Lakeville agree to the realignment of 172nd Street and
relocation of County State Aid Highway (CSAH) 5 and 172nd Street intersection north to align with
the Kenyon Avenue intersection and extending and reconnecting Kenyon Avenue south of 172nd
Street in Lakeville, Dakota County.
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City Project 13-07
March 3, 2016
2
THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in
this Agreement as the “County"; and the City of Lakeville, referred to in this Agreement as the
“City" and witnesses the following:
WHEREAS, under Minnesota Statutes Section 162.17, subdivision 1 and 471.59, subdivision 1,
two 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 mutually desirable to realign 172nd Street and relocate the County State Aid
Highway (CSAH) 5 and 172nd Street intersection north to align with the Kenyon Avenue
intersection east of CSAH 5 including reconstruction of the Kenyon Avenue east approach to
reduce the existing skewed approach to CSAH 5 and to extend and reconnect Kenyon Avenue
west of CSAH 5 and south of 172nd Street in Lakeville, Dakota County; the ‘Project’; and
WHEREAS, the Project will accomplish several important objectives including: addressing Dakota
County access spacing guidelines, improving safety associated with the operational conflicts with
the I-35/CSAH 5 interchange ramps, improving traffic flow, assisting in facilitating land
development and redevelopment plans, and accommodating forecasted increases in traffic
volumes; and
WHEREAS, the City is the lead agency for engineering, right of way acquisition, and construction
of the Project; and
WHEREAS, the County and the City have included this Project in their Capital Improvement
Programs and will jointly participate in the costs of said road construction as set forth herein.
NOW, THEREFORE, it is agreed that the County and the City will share project responsibilities and
jointly participate in the project costs associated with highway construction and related activities as
described in the following sections:
1. Engineering. Design engineering including all aspects of the Project (public involvement,
agency involvement, preliminary/final design etc.), surveying, mapping, construction engineering,
construction management, construction inspection and all related materials testing, including the
cost of County and City staff time for these purposes, shall be split based on the County’s and
City’s share of the final construction costs.
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2. Construction Items. The costs for the construction of the realignment of 172nd Street and
relocation of the CSAH 5 and 172nd Street intersection north to align with the Kenyon Avenue
intersection east of CSAH 5 including reconstruction of the Kenyon Avenue east approach to
reduce the existing skewed approach to CSAH 5 and to extend and reconnect Kenyon Avenue
west of CSAH 5 south of 172nd Street shall be shared in the amount of fifty-five (55%) by the
County and forty-five (45%) by the City. Cost sharing includes all highway construction items;
mitigation required by state and federal permits including accessibility requirements; storm sewer
and other drainage facilities eligible for County State Aid funding based on contributing flows;
replacement or restoration of fences, landscaping and driveways when affected by construction;
replacement, removal, or adjustment of sanitary sewer, water and storm sewer systems, if required
due to construction; relocating or adjusting privately owned utilities when not performed at the
expense of the utility; County’s share of water pollution best management practices, based on
contributing flows, meeting National Urban Runoff Protection (NURP) standards; mitigation
required for access modifications; replacement or adjustment of lighting, if required due to
construction, and all other construction aspects outlined in the plan except for elements as called
out under this Agreement or the Dakota County 2030 Transportation Plan dated June, 2012 (the
“Dakota County Transportation Plan”).
3. Aesthetic Elements. Aesthetic elements for the Project consist of decorative pavements,
landscaping and plantings. The County will participate up to 50% of the cost of aesthetic elements
up to a maximum amount of three percent of the County’s share of highway construction costs.
Highway construction costs exclude costs for items such as right of way, storm sewer and ponding.
The City shall be responsible for 50% of the costs of all aesthetic elements and 100% of the costs
that exceed the County’s maximum participation for aesthetic elements.
4. City Utilities. Except as stated in the above sections of this Agreement, the City shall pay
all other costs for new sanitary sewer, water mains and appurtenances constructed as part of this
Project. Further, the City shall be responsible for the maintenance of all such facilities after
completion of the Project.
5. Right-of-Way. The City will undertake all actions necessary to acquire all permanent and
temporary highway right of way, including relocations, and will acquire all right of way for sidewalk
and trail construction, wetland damage mitigation and banking, drainage and ponding, and water
pollution control best management practices for the Project. Except as set forth below, the costs of
acquiring highway right of way, including right of way for drainage inlets and outlets inverse
condemnation claims, engineering, appraisals, and attorney’s fees and costs shall be shared in
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the amount of 55% by the County and 45% by the City Upon completion of the Project, the
permanent right-of-way for County roads acquired by the City shall be transferred to the County.
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 the City.
6. Plans and Specifications. The City is the lead agency for design and construction
administration of the Project, effective upon execution of this Agreement by both Parties. The City
and the County shall approve the plans and specifications prior to advertising for bids. The City
will advertise for bids for the construction of the Project in accordance with applicable state laws
and will provide the County with an analysis of the bids received. The City Council may award the
contract for construction to the lowest responsive and responsible bidder in accordance with state
law. If a bid is not awarded, this Agreement shall terminate and all costs incurred as of the date of
termination shall be apportioned in accordance with the terms of this agreement
7. Construction Standards. All such construction, including traffic control, shall be
accomplished in accordance with applicable State Aid, County and City standards, specifications,
and policies. To authorize and regulate construction activities, the County will issue permits for
construction within County right-of-way. Work on County right-of-way is not authorized until County
permits are approved. Construction shall be performed to minimize the duration of traffic delays on
CSAH 5 and provide for safe and convenient travel in the project area. The County reserves the
right to inspect construction materials and methods as needed.
8. Pavement Marking and Signing Maintenance and Operations. Pavement markings will be
installed as applicable for the operation of the highway and intersections along the Project area as
outlined in the plans. Signing and markings along CSAH 5 (including stop bar and cross walks
directly at the intersection) will be maintained by Dakota County.
9. Operation. The geometric configuration of the CSAH 5 intersection including lane
alignments and traffic assignments for all approaches, traffic signing, and traffic operations will be
determined by the County. The City agrees to make no changes to the intersection operation
through pavement marking, signing, or other construction measures.
10. Project Cost Updates. The City will provide updated cost estimates to the County showing
the County and City shares of Project costs annually at the time of Capital Improvement Program
development. Updated cost estimates will also be provided by the City to the County at the
following times:
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prior to approval of the appraised values for any necessary right of way acquisitions,
prior to advertising a construction contract,
after bid opening (prior to contract award),
during construction if total contract changes exceed $100,000,
once per year following the construction season until the Project is complete.
Project cost estimate updates include actual and estimated costs for engineering, right of way
acquisition, utility relocation and construction.
The Parties acknowledge that Project cost estimates are subject to numerous variables causing
the estimates to be subject to change, and that the updates are provided for informational
purposes in good faith. Each agency is responsible for informing their respective council or board
regarding Project cost estimates.
11. Payment. The City 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 City Engineer. The City will request payment on a quarterly basis for any
Project costs incurred. 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.
12. Amendments. Any amendments to this Agreement will be effective only after approval by
both governing bodies and execution of a written amendment document by duly authorized officials
of each agency.
13. 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. Except for on-going maintenance activities
including, sidewalk, trail, storm sewer, landscape and lighting maintenance, in no event will this
Agreement continue in effect after December 31, 2017, unless the parties mutually agree to an
extension of the Project term or unless the project has not been completed.
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14. Change Orders and Supplemental Agreements. Any change orders or supplemental
agreements that affect the Project cost participation must be approved by appointed
representatives of both Parties prior to execution of work. For the purposes of this section, the
City’s appointed representative for approving change orders is Chris Petree, Public Works Director,
subject to City contracting policies, or their successors. The County’s appointed representative is
Jean Briol, Construction Engineer, subject to County contracting policies, or their successors. Both
Parties shall endeavor to provide timely approval of change orders and supplemental agreements
so as not to delay construction operations.
15. Final completion. Final completion of the Project must be approved by both the County and
the City.
16. Storm Sewer Construction. The City shall be responsible for assisting with storm sewer
inspection including having an inspector on-site during storm sewer installation.
17. Maintenance. Upon completion of the Project, maintenance of the improvements shall be
as follows:
17.1. Storm Sewer. Maintenance of storm sewer systems shall be provided in
accordance with the current County and City Maintenance Agreement No. C0025412 dated
November 4, 2013. The County will participate in replacement or repair of storm sewer
constructed by the Project in accordance with County policies stated in the Dakota County
Transportation Plan as now in effect or as it is subsequently updated, amended, revised or
replaced by the County Board of Commissioners.
17.2. Sidewalks and Trails. Maintenance of sidewalk and trails shall be provided in
accordance with the current Maintenance Agreement for County Bikeway Trails between the
County and the City dated January 23, 1995. The County and the City shall be responsible for
the costs of trail resurfacing or reconstruction in accordance with the Dakota County
Transportation Plan as now in effect or as it is subsequently updated, amended, revised or
replaced by the County Board of Commissioners.
17.3. Highway Pavement. The County shall be responsible for all pavement maintenance
within County right of way unless necessitated by a failure of a municipal utility system or
installation of new facilities.
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17.4. Aesthetic Elements. The responsibility for maintenance of all aesthetic elements
shall be in accordance with County policies stated in the Dakota County Transportation Plan as
now in effect or as it is subsequently updated, amended, revised or replaced by the County
Board of Commissioners.
17.5. Miscellaneous Elements. General maintenance will be handled in accordance with
County policies stated in the Dakota County Transportation Plan as now in effect or as it is
subsequently updated, amended, revised or replaced by the County Board of Commissioners.
18. Subsequent Excavation. After completion of the Project, and after expiration of the
warranty period regarding repair, if excavation within the highway right-of-way is necessary to
repair or install water, sanitary sewer, or other city utilities, the City shall apply for a permit from the
County and shall be responsible to restore the excavated area and road surface to its original
condition at the time of disturbance. If the City fails to have the highway properly restored, the
County Engineer may have the work done and the City shall pay for the work within 30 days
following receipt of a written claim by the County.
19. Rules and Regulations. The County and the City shall abide by Minnesota Department of
Transportation standard specifications, rules and contract administration procedures.
20. 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 for which the City is responsible, including future operation and maintenance of
facilities owned by the City 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
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.
21. 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
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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.
22. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records,
documents, and accounting 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.
23. 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. All agreements for
future maintenance or cost responsibilities shall survive and continue in full force and effect after
completion of the highway construction provided for in this Agreement.
24. Authorized Representatives. The authorized representatives for the purpose of the
administration of this Agreement are:
Mark Krebsbach (or successor) Zach Johnson (or successor)
Dakota County Engineer Lakeville City Engineer
14955 Galaxie Avenue 20195 Holyoke Avenue
Apple Valley, MN. 55124 Lakeville, MN. 55044
(952) 891-7100 (952) 985-4501
mark.krebsbach@co.dakota.mn.us zjohnson@lakevillemn.gov
All notices or communications required or permitted by this Agreement shall be either hand
delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party
may change its address by written notice to the other party. Mailed notice shall be deemed
complete two business days after the date of mailing.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly
authorized officials.
CITY OF LAKEVILLE
RECOMMENDED FOR APPROVAL:
__________________________ By_________________________
City Engineer 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-2016-_____________
COUNTY BOARD RESOLUTION
No. 15-563 Date: November 3, 2015