HomeMy WebLinkAboutItem 06.r
Date: Item No.
JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR
CSAH 9/162nd STREET INTERSECTION IMPROVEMENTS AT CSAH 31
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement
with Dakota County for Engineering, Traffic Signal System and Highway Construction for
CSAH 9/162nd Street Intersection Improvements at CSAH 31, City Project 16-09.
Overview
The City, County and SBF Development are partnering on County State Aid Highway (CSAH) 9
(Dodd Boulevard)/162nd Street intersection improvements at CSAH 31 (Pilot Knob Road) to
allow for a public street connection on the east (162nd Street) that was constructed with the Spirit
of Brandtjen Farm Commercial 1st Addition improvements. SBF Development will construct a
second left turn lane for eastbound CSAH 9 traffic at the intersection of CSAH 31, a concrete
median through the CSAH 9/Elm Creek Lane intersection and a new traffic signal to maintain
safety along the corridor and mitigate impacts created by the new access. The City and County
will share in the cost of constructing the second left turn lane for eastbound CSAH 9 traffic at the
intersection of CSAH 31. The County will be responsible for the costs to construct the concrete
median through the CSAH 9/Elm Creek Lane intersection. Construction is scheduled to be
completed by June, 2016. The Joint Powers Agreement establishes City and County project
responsibilities and cost participation.
Primary Issues to Consider
• The adopted 2016-2020 Transportation Capital Improvement Plan programs a total of
$410,000 for transportation safety improvements throughout the City. The City’s estimated
share of this project cost is $150,000. The City’s proposed funding sources include the
Pavement Management Fund and Escrow Fund.
Supporting Information
• Joint Powers Agreement (Contract No. C0027800)
Financial Impact: $150,000 Budgeted: Y☒ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Notes: Additional funding provided by Dakota County
Report Completed by: Zach Johnson, City Engineer
April 18, 2016
Multiple Sources
City of Lakeville 2016-2020 Transportation CIP
Dakota County Contract C0027800
JOINT POWERS AGREEMENT FOR
ENGINEERING, TRAFFIC SIGNAL SYSTEM AND
HIGHWAY CONSTRUCTION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF LAKEVILLE
DAKOTA COUNTY PROJECT NO. 9-53
TRAFFIC SIGNAL AGREEMENT 16-01
CITY PROJECT NO. 16-09
SYNOPSIS: Dakota County and the City of Lakeville agree to revise the intersection of County
State Aid Highway (CSAH) 9 (Dodd Boulevard) and CSAH 31 (Pilot Knob Road), and install a new
traffic control signal system with streetlights and emergency vehicle pre-emption.
Dakota County Project 9-53/TSA 16-01
City of Lakeville Project 16-09
April 18, 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, SBF Development Corp., “Developer” has applied to the City for subdivision approval
of property east of and adjacent to County State Aid Highway (CSAH) 31 (Pilot Knob Road), near
the intersection with CSAH 9 (Dodd Boulevard); and
WHEREAS, the proposed subdivision will include a new City road, 162nd Street, which will connect
with CSAH 31 from the east where CSAH 9 intersects CSAH 31 on the west side; and
WHEREAS, the new 162nd Street intersection with CSAH 31 requires revisions to the intersection
of CSAH 9 and CSAH 31 to allow for a public street connection on the east side and installation of
a new traffic control signal system with streetlights and emergency vehicle pre-emption in Lakeville,
Dakota County, 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 highway construction and traffic signal
system 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 and signal system construction and
related activities as described in the following sections:
1. Construction. The City is the lead agency in coordinating the construction of the project
with the Developer. If the proposed subdivision is not approved by the City or if the development
contract does not require the Developer to construct the Project, this Agreement shall be null and
void.
Dakota County Project 9-53/TSA 16-01
City of Lakeville Project 16-09
April 18, 2016
3
2. Engineering. The County shall contribute toward design engineering in the amount of 10%
of the County’s share of the final construction costs. The County shall be responsible for
construction engineering for the project. The City shall contribute 8% of the non-County share of
the construction costs for the second left turn lane for eastbound CSAH 9 traffic at the intersection
of CSAH 31 for construction engineering.
3. Construction Costs. The County shall participate in 55% of the construction costs for the
second left turn lane for eastbound CSAH 9 traffic at the intersection of CSAH 31. The County
shall also participate in 100% of the construction costs for extending the concrete median through
the Elm Creek Lane intersection. The County is not responsible for any of the remaining costs to
construct the project.
4. 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 County shall approve the plans and specifications prior to construction. The Project plans
shall include complete grading and paving plans and specifications consistent with the County’s
design standards, the City’s construction standard specifications and the current Dakota County
Transportation Plan.
5. Construction Standards. All such construction, including traffic control, shall be
accomplished in accordance with applicable State Aid, County and City standards, specifications,
and policies. Construction shall be performed to minimize the duration of traffic delays on CSAH 9
and CSAH 31, and to provide for safe and convenient travel in the project area. The County
reserves the right to inspect construction materials and methods as needed.
6. Payment. Upon completion of the Project, the County shall pay the City for its share of the
project. Upon presentation of an itemized claim by the City to the County, the County shall
reimburse the City 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 County, 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.
7. 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
Dakota County Project 9-53/TSA 16-01
City of Lakeville Project 16-09
April 18, 2016
4
Project. Further, the City shall be responsible for the maintenance of all such facilities after
completion of the Project.
8. Storm Sewer Construction. The City shall be responsible for assisting with storm sewer
inspection including having an inspector on-site during storm sewer installation.
9. County Furnished Materials. Upon completion of the work and computation of the cost of
County furnished materials, the County shall invoice the City for the non-County cost of materials
furnished by the County. Payment for the materials shall be as described elsewhere in this
agreement.
10. Signal Energy. Upon completion of the traffic control signal installation, the County and the
City shall be responsible for providing the necessary electrical power for the operation of the traffic
control signals (except streetlights) at CSAH 31 and CSAH 9 as follows:
County’s Share = 75 % / City’s Share = 25 %
11. Street Light Energy. Upon completion of the traffic control signal installation, electrical
power necessary for the operation of the streetlights will be provided in accordance with County
policies included in the County’s current adopted Transportation Plan. Currently, all street light
energy is the responsibility of the City. The County will receive the bill for the electrical power of
the street lights and invoice the City for its portion.
12. Mast Arm Signs. Upon completion of the traffic control signal installation, the County shall
maintain and keep in repair the mast arm mounted street name signs at the cost and expense of
the County.
13. Emergency Vehicle Pre-emption (EVP) System. The EVP system provided for in this
Agreement shall be installed, operated, maintained, or removed in accordance with the following
conditions and requirements:
a) Emitter units may be installed and used only on vehicles responding to an
emergency as defined in Minnesota Statutes Section 169.01, subdivision 5 and Section 169.03.
b) Malfunction of the EVP System shall be reported by the City to the County
immediately.
Dakota County Project 9-53/TSA 16-01
City of Lakeville Project 16-09
April 18, 2016
5
c) In the event the EVP System or components are, in the opinion of the County, being
misused or the conditions set forth in paragraph a) above are violated, and such misuse or
violation continues after receipt by the City of written notice from the County, the County will work
with the City to address the concerns and bring use of EVP back into expected compliance. In the
event continued misuse occurs, the County has the authority to remove the EVP System that is
being misused.
14. Timing and Operation. Timing of the traffic control signal system shall be determined by the
County. No changes to the system timing will be made to the system except with the written
approval of the County.
15. 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 9 and CSAH 31 (including stop bar and
cross walks directly at the intersection) will be maintained by Dakota County.
16. Operation. The geometric configuration of the CSAH 9/162nd Street and CSAH 31
intersection for all roadways, including lane alignments and traffic assignments for all approaches,
traffic signing, signal phasing 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.
17. 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 County to the City at the
following times:
prior to the start of construction,
during construction if total contract changes exceed $100,000.
Project cost estimate updates include actual and estimated costs for 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.
Dakota County Project 9-53/TSA 16-01
City of Lakeville Project 16-09
April 18, 2016
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18. 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.
19. 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 traffic signal system, 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.
20. 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 successor. The County’s appointed representative is
Todd Howard, Assistant County Engineer, or their successor. Both Parties shall endeavor to
provide timely approval of change orders and supplemental agreements so as not to delay
construction operations.
21. Final completion. Final completion of the Project must be approved by both the County and
the City.
22. Maintenance. Upon completion of the Project, maintenance of the improvements shall be
as follows:
22.1 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 this Project in accordance with County policies included in the current
adopted Transportation Plan as now in effect or as it is subsequently updated, amended,
revised or replaced by the County Board of Commissioners.
22.2 Sidewalks and Trails. Upon completion of the Project, 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
Dakota County Project 9-53/TSA 16-01
City of Lakeville Project 16-09
April 18, 2016
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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.
22.3 Signal Maintenance. Upon completion of said traffic control signal installation, the
County, upon being advised or made aware of the need for repairs to the signals, shall
maintain and keep in repair the signal system, except street lights, at the cost and expense
of the County.
22.4 Street Light Maintenance. Upon completion of the traffic control signal installation,
maintenance of the street lights will be provided 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.
22.5 Highway Pavement. Upon completion of the Project, 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.
22.6 Aesthetic Elements. The responsibility for maintenance of all aesthetic elements, if
any, 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.
22.7 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.
23. 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.
Dakota County Project 9-53/TSA 16-01
City of Lakeville Project 16-09
April 18, 2016
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24. Rules and Regulations. The County and the City shall abide by Minnesota Department of
Transportation standard specifications, rules and contract administration procedures.
25. 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.
26. 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.
27. 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.
28. Integration and Continuing Effect. The entire and integrated agreement of the Parties
contained in this Agreement shall supersede Traffic Signal Agreement No. 00-09 (CSAH 31 at
CSAH 9) and 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
Dakota County Project 9-53/TSA 16-01
City of Lakeville Project 16-09
April 18, 2016
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cost responsibilities shall survive and continue in full force and effect after completion of the
highway and traffic signal construction provided for in this Agreement.
29. 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]
N:\Highway\Agreements\2016\9-53 Lakeville C0027800.docx
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. 16-___ Date: April 19, 2016