HomeMy WebLinkAboutItem 06.p
Date: August 5, 2019 Item No.
JOINT POWERS AGREEMENT WITH DAKOTA COUNTY
AND RESOLUTION AUTHORIZING FUNDING FOR
CSAH 70 IMPROVEMENTS FROM KENRICK AVENUE TO CEDAR AVENUE
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement
with Dakota County for Engineering, Right-of-Way Acquisition, Traffic Signal Systems and
Highway Construction and resolution authorizing funding for County State Aid Highway 70
Improvements from Kenrick Avenue to Cedar Avenue, City Project 20-05.
Overview
The City and County are partnering to construct improvements along County State Aid Highway
(CSAH) 70 from Kenrick Avenue to Cedar Avenue to alleviate congestion, make safety
improvements and provide for increasing traffic levels. Improvements include a) roadway
reconstruction/widening to a 4-lane divided roadway; b) access modifications and dedicated turn
lanes at intersections; c) traffic signal system replacements at Jacquard Avenue, Dodd Boulevard
and Cedar Avenue; d) public and private roadway connections providing new access to Airlake
Industrial Park; e) pedestrian trails; and f) City sanitary sewer and water extensions. The schedule
is design and right-of-way acquisition in 2019 and construction in 2020 and 2021. The Joint Powers
Agreement (JPA) establishes City and County project responsibilities and cost participation.
Primary Issues to Consider
• See attached.
Supporting Information
• Primary Issues to Consider
• Joint Powers Agreement (Contract No. C0030301)
• Resolution
Financial Impact: $7,151,300 Budgeted: Y☒ N☐ Source: Multiple Sources
Related Documents: Draft Lakeville 5-year Capital Improvement Plan (2020-2024)
Envision Lakeville Community Values: Design that Connects the Community
Report Completed by: Zach Johnson, City Engineer
Primary Issues to Consider
• The County is the lead agency for the project; therefore, only the City’s total project cost is
reflected in this memo. The City’s Capital Improvement Plan programs an estimated total
project cost of $7,151,300 (includes 2018 encumbrances). The City will reimburse the
County 45% of the project costs; however, the City’s share is capped at a maximum of 15%
of total County eligible projects costs per the County Transportation Cost Participation
Policies.
Anticipated Funding Source Amount
Municipal State Aid $3,979,500
Stormwater Infrastructure 660,000
Water Trunk 1,200,000
Sanitary Sewer Trunk 285,000
Park Dedication 340,000
Street Light Operating 16,800
Water Operating 550,000
Sanitary Sewer Operating 120,000
Total $7,151,300
• The City requested that the County advance the City’s share of the Municipal State Aid
project costs as follows:
o 2019 Design, Right-of-Way Acquisition Costs:
Payable after February 1, 2022
o 2020 Construction Costs:
Payable after February 1, 2023 (2020 Construction Season)
o 2021 Construction Costs:
Payable after February 1, 2024 (2021 Construction Season)
CITY OF LAKEVILLE
RESOLUTION NO. 19-
RESOLUTION AUTHORIZING FUNDING FOR
COUNTY STATE AID HIGHWAY (CSAH) 70 (215TH STREET) IMPROVEMENTS
FROM KENRICK AVENUE TO CEDAR AVENUE
WHEREAS, the County State Aid Highway (CSAH) 70 (215th Street) Improvements
project (City Project 20-05) is programmed in the adopted 2019-2023 Capital Improvement Plan;
and
WHEREAS, City staff requests approval of a Joint Powers Agreement with Dakota
County for the County State Aid Highway (CSAH) 70 (215th Street) Improvements project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville,
Minnesota:
The estimated project cost is $7,151,300 and anticipated funding sources are listed below. City staff
is hereby authorized to make the appropriate transfers between funds with respect to the project
funding sources up to 10% above the estimated costs. Funding transfers may include loans between
funds to cover engineering and other costs incurred on the project in advance of receiving other
funding.
Anticipated Funding Source Amount
Municipal State Aid $3,979,500
Stormwater Infrastructure 660,000
Water Trunk 1,200,000
Sanitary Sewer Trunk 285,000
Park Dedication 340,000
Street Light Operating 16,800
Water Operating 550,000
Sanitary Sewer Operating 120,000
Total $7,151,300
ADOPTED by the Lakeville City Council this 5th day of August 2019.
______________________________
Douglas P. Anderson, Mayor
_________________________________
Charlene Friedges, City Clerk
Dakota County Contract No. C0030301
JOINT POWERS AGREEMENT FOR
ENGINEERING, RIGHT OF WAY ACQUISTION, TRAFFIC SIGNAL SYSTEM AND
HIGHWAY CONSTRUCTION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF LAKEVILLE
DAKOTA COUNTY PROJECT NO. 70-23
CITY PROJECT NO. 20-05
SYNOPSIS: Dakota County and the City of Lakeville agree to construct a four-lane divided
highway on County State Aid Highway (CSAH) 70 from Kenrick Avenue/Kensington Boulevard to
CSAH 23 (Cedar Avenue) in Lakeville, Dakota County.
County Project 70-23; City Project 20-05
Contract No. C0030301
July 31, 2019
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, the County and the City desire to construct a four-lane divided highway on County State Aid
Highway (CSAH) 70 from Kenrick Avenue/Kensington Boulevard to CSAH 23 (Cedar Avenue) in Lakeville,
Dakota County, the “Project”; and
WHEREAS, Federal funding in the amount of $14,000,000 has been programmed which will cover a portion
of the Project’s construction costs; 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 after
deducting Federal funding, jointly participate in the project costs associated with highway and signal system
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.
2. Construction Items.
a. After deducting Federal funding, the costs for the construction of a four-lane divided highway on
CSAH 70 shall be shared in the amount of fifty-five (55%) by the County and forty-five (45%) by
the City in accordance with the Dakota County Transportation Plan for projects involving a
principal arterial. 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 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 Project 70-23; City Project 20-05
Contract No. C0030301
July 31, 2019
3
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 current adopted Dakota County Transportation Plan.
3. Signal Reconstruction. The County, by contract, shall remove the existing traffic control signal
systems and install permanent traffic control signal systems with street lights, emergency vehicle pre-
emption, and other signal system items including fiber optic interconnection at the intersections of CSAH
70/Jacquard Avenue, CSAH 70/CSAH 9 (Dodd Boulevard), and CSAH 70/CSAH 23 (Cedar Avenue). The
costs to remove and replace these signals shall be shared in the amount of 55% by the County and 45% by
the City.
4. Aesthetic Elements. Aesthetic elements for the Project consist of decorative pavements, trail
lighting, undergrounding of private utilities, 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. The responsibility for
maintenance of all aesthetic elements shall be in accordance with County policies included in the current
adopted Dakota County Transportation Plan.
5. Miscellaneous Elements. General maintenance will be handled in accordance with County policies
included in the current adopted Dakota County Transportation Plan.
6. 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 the completion of the Project.
7. Right-of-Way.
a. The County 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, shall be
shared in the amount of 55% by the County and 45% by the City. The City shall convey to the
County, at no cost, before construction of the Project begins, all necessary permanent highway
and temporary easements, on forms approved by the County Attorney’s office, on all adjacent
County Project 70-23; City Project 20-05
Contract No. C0030301
July 31, 2019
4
City-controlled real property for Project purposes, including property owned by the Lakeville
Housing and Redevelopment Authority. City shall convey rights to the County, at no cost, before
construction of the Project begins, to all public easements and rights-of-way necessary for
Project purposes, including the right to grade within City drainage and utility easements as
necessary for improvement of the City’s stormwater utility facility as identified in the Project.
Upon completion of the Project, the ownership of the drainage and ponding easements and
permanent right of way for City streets shall be transferred to 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 the City.
8. Plans and Specifications. The County is the lead agency for design and construction administration
of this 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 County will advertise for bids for the
construction of this Project in accordance with applicable state laws and will provide the City with an analysis
of the bids received. The County Board will award the contract for construction to the lowest responsive and
responsible bidder in accordance with state law.
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 City's share of the 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 the CSAH 70 intersections as follows:
CSAH 70 & CSAH 9 – County’s Share = 100 % / City’s Share = 0 %
CSAH 70 & CSAH 23 – County’s Share = 100 % / City’s Share = 0 %
All other City street intersections with CSAH 70 – County’s Share = 50 % / City’s Share = 50 %
11. 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.
12. 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 current adopted Dakota County 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.
County Project 70-23; City Project 20-05
Contract No. C0030301
July 31, 2019
5
13. Street Light Maintenance. Upon completion of the traffic control signal installation, maintenance of
the street lights will be provided in accordance with County policies included in the current adopted Dakota
County Transportation Plan.
14. 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.
15. Emergency Vehicle Pre-emption (EVP) System. The EVP system provided for in this Agreement
shall be installed, operated, maintained, or removed at the cost and expense of the County 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.
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.
16. 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.
17. 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 (including stop bar and cross walks directly at the intersection) along a) CSAH
9 and CSAH 70; b) CSAH 23 and CSAH 70; c) Jacquard Avenue and CSAH 7; and all other City street
intersections with CSAH 70 will be maintained by Dakota County.
18. Operation. The geometric configuration of the a) CSAH 9 and CSAH 70; b) CSAH 23 and CSAH 70;
c) Jacquard Avenue and CSAH 70; and all other City street intersections with CSAH 70, including all legs of
each intersection, 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.
19. Project Cost Updates. The County will provide updated cost estimates to the City 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 approval of the appraised values for any necessary right of way acquisitions,
County Project 70-23; City Project 20-05
Contract No. C0030301
July 31, 2019
6
• 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 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.
20. Payment.
a. Cost Cap. After application of all applicable cost sharing provisions of this Agreement and
County transportation cost sharing policies F.1 through F.18 in the adopted 2030 Dakota County
Transportation Plan, except policies F.2 – Aesthetic, F.5 – Traffic Signals, and F.16 Small Safety
Projects, the City cost share will be capped at a maximum of 15% of total County eligible project
costs, including all eligible engineering, right of way acquisition, construction and construction
administration costs. Costs identified as 100% the responsibility of the City, if any, such as City
utility improvements not required as part of the highway project and aesthetics costs not eligible
for County participation, are not County eligible projects costs and will be at City’s sole cost in
accordance with applicable County policies.
b. The County 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 County Engineer. The County will request first payment of the City’s share of the
Project’s a) engineering/design and right of way acquisition costs (estimated $656,250) after
February 1, 2022; b) 2020 construction costs (estimated $1,500,000) after February 1, 2023; and
c) 2021 construction costs (estimated $1,500,000) after February 1, 2024 and quarterly
thereafter. To the extent the actual City share of costs are higher than the estimates listed
above, The County will request payment of any balance due after February 1, 2024. The County
will request payment on a quarterly basis for any Project construction costs incurred for City
utility improvements (i.e. sanitary sewer, watermain, storm sewer). 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
County Project 70-23; City Project 20-05
Contract No. C0030301
July 31, 2019
7
following good faith negotiation and documentation of actual costs incurred in carrying out the
work.
21. 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.
22. 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, 2024, unless the parties mutually agree to an extension of the Project term.
23. 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 is Zach Johnson,
City Engineer, and the County’s appointed representative is Jeannine Briol, Construction Engineer, or their
successors. Both Parties shall endeavor to provide timely approval of change orders and supplemental
agreements so as not to delay construction operations.
24. Final Acceptance. Final acceptance of the Project must be approved by both the County and the
City. The City requires a maintenance bond from the Contractor for the installation of the City
infrastructure (streets and utilities) to be installed with the Project. The warranty period for materials
and workmanship shall be two years from the date of final acceptance by the City, as approved by
the City Engineer. The County shall include this requirement in the bidding documents for the
Project.
25. Storm Sewer Construction and Maintenance. The City shall be responsible for assisting with storm
sewer inspection including having an inspector on-site during storm sewer installation. The City and County
entered into a Maintenance Agreement for Storm Sewer Systems dated November 4, 2013 (Dakota County
Contract #C0025412) (“Maintenance Agreement”) which governs maintenance, repair and replacement
duties and costs shared by the County and City for stormwater sewer system located on or along County
Highway right of way. Upon completion of the Project, on-going maintenance and repairs of storm sewer
systems shall be provided in accordance with the current County and City Maintenance Agreement. The
County will participate in replacement or repair of storm sewer systems constructed by this Project in
accordance with County policies included in the current adopted Dakota County Transportation Plan.
26. Sidewalks and Trails. Upon acceptance of the Project, maintenance of sidewalk and trails shall be
provided in accordance with the current County and City Maintenance Agreement for County Bikeway Trails.
County Project 70-23; City Project 20-05
Contract No. C0030301
July 31, 2019
8
The County and the City shall be responsible for the costs of trail resurfacing or reconstruction in accordance
with County policies included in the current adopted Dakota County Transportation Plan.
27. Pavement Maintenance. Upon acceptance of the Project, the City shall be responsible for all
pavement maintenance within City right of way and 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.
28. Subsequent Excavation. After completion of the Project, and after expiration of the warranty period
regarding repair, if excavation within the County 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 substantially the 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 35 days following receipt of a written claim by the County.
29. Rules and Regulations. The County and the City shall abide by Minnesota Department of
Transportation standard specifications, rules and contract administration procedures.
30. Indemnification. Each Party agrees to defend, indemnify, and hold harmless the other Parties
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 indemnifying Party and/or those of its
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. The County shall include the City as additional insured in the contract documents.
31. 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.
32. 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.
County Project 70-23; City Project 20-05
Contract No. C0030301
July 31, 2019
9
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.
33. 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 and traffic
signal construction provided for in this Agreement.
34. 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\2018\70-23 Lakeville C0030301.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-_____________
COUNTY BOARD RESOLUTION
No. 18-204 Date: April 10, 2018