HomeMy WebLinkAboutItem 06.g Date: April 20, 2020 Item No.
JOINT POWERS AGREEMENT WITH DAKOTA COUNTY
FOR MULTIPLE PROGRAMMED TRANSPORTATION IMPROVEMENT PROJECTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement
with Dakota County for multiple programmed Transportation Improvement Projects.
Overview
The City and County 5-year Capital Improvement Plans (2020-2024) were prepared in partnership
to include projects that align with local development objectives and local/regional transportation
needs. The coordinated effort demonstrates the City’s and County’s commitment and ongoing
investment in creating and maintaining a safe, efficient, multi-modal transportation system within
Lakeville. The Joint Powers Agreement for Engineering, Right-of-Way Acquisition and Highway
Construction establishes City and County responsibilities and cost participation for:
• 179th Street Reconstruction, CP 20-08 (Cedar Avenue to Fieldcrest Avenue)
• Dodd Boulevard Intersection Improvements at Heritage Drive/Icenic Trail, CP 20-07
• Dodd Boulevard Intersection Improvements at 194th Street, CP 20-12
• CSAH 46 Trail Improvements, CP 20-11 (Pilot Knob Road to Diamond Path)
• Dodd Boulevard Reconstruction, CP 21-05 (Gerdine Path to Pilot Knob Road)
• 179th Street Realignment, CP 21-05 (Hayes Avenue to Cedar Avenue)
Primary Issues to Consider (see attached)
• Project Financing
Supporting Information
• Joint Powers Agreement (Dakota County Contract #C0032669)
Financial Impact: Budgeted: Y☒ N☐ Source:
Related Documents: Lakeville 5-year Capital Improvement Plan (2020-2024)
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Alex Jordan, Assistant City Engineer
Primary Issues to Consider
Project Financing
The City and County support the projects and intend to participate in financing their respective
share of the project costs consistent with the terms of the Joint Powers Agreement (JPA). The City
and County also agree to continuously coordinate efforts during project development and project
delivery to evaluate the timing, improvements and cost. Project cost estimates will be reviewed
annually during Capital Improvement Program development. Each agency is responsible for
informing their respective council or board regarding updated Project cost estimates.
The cost participation varies on each project, consistent with the current Dakota County Cost
Participation Policy (shown below).
Project Name
City
Project
Number
City
Share
County
Share
Construction
Year
Dodd Boulevard Intersection Improvements
at Heritage Dr/Icenic Trail
20-07 0% 100% 2020
179th Street Reconstruction 20-08 45% 55% 2020
CSAH 46 Trail Improvements 20-11 25% 75% 2020
Dodd Boulevard Intersection Improvements
at 194th Street
20-12 0% 100% 2020
Dodd Boulevard Reconstruction 21-05 0% 100% 2022
179th Street Realignment 21-05 45% 55% 2022
Dakota County Contract #C0032669
JOINT POWERS AGREEMENT FOR
ENGINEERING, RIGHT OF WAY, CONSTRUCTION, JURISDICTIONAL TRANSFER,
MAINTENANCE, AND COST PARTICIPATION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF LAKEVILLE
FOR
DAKOTA COUNTY PROJECT NO. 9-55, 9-56, 9-60, 46-54 and 97-203
CITY PROJECT NO. 20-07, 20-08, 20-11, 20-12 and 21-05
SYNOPSIS: Dakota County and the City of Lakeville agree to five collaborative projects in
Lakeville, Dakota County. Two small safety access management projects along County State
Aid Highway (CSAH) 9 (Dodd Boulevard) at the intersections of Icenic Trail/Heritage Drive
(Dakota County Project Number (DCP) 9-55) and 194th Street (DCP 9-60). Two projects that
include improvements to and jurisdictional changes of CSAH 9 (Dodd Boulevard) between
Hayes Avenue and CSAH 31 (Pilot Knob Road), and adopted Dakota County East-West
Corridor Preservation Study Alignment B (179th Street) between Hayes Avenue and CSAH
23 (Cedar Avenue) including access modifications to the intersections of CSAH 9 (Dodd
Boulevard) and CSAH 23 (Cedar Avenue) (DCP 9-56), and improvements to 179th Street
from CSAH 23 (Cedar Avenue) to Fieldcrest Avenue, including a roundabout at the Flagstaff
Avenue intersection, to bring the roadway to County Standards (DCP 97-203). One project to
construct the trail gap on the County system identified in the 2040 Compressive Plan along
the south side of CSAH 46 (160th Street) between CSAH 31 (Pilot Knob Road) and Future
CSAH 33 (Diamond Path) (DCP 46-54).
Dakota County Contract #C0032669
April 17, 2020
Page | 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 Sections 162.17, subd. 1 and 471.59, subd. 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, to provide a safe and efficient transportation system, the County and the City are
partnering on five County Projects, 9-55, 9-56, 9-60, 46-54 and 97-203, for design, right of
way, construction, jurisdictional transfer, and cost participation; and
WHEREAS, County Projects 9-55 and 9-60 are small safety access management projects
along County State Aid Highway (CSAH) 9 (Dodd Boulevard) at the intersections of Icenic
Trail/Heritage Drive (DCP 9-55) and 194th Street (DCP 9-60); and
WHEREAS, County Projects 9-55 and 9-60 improvements include a directional access
median to limit left turn movements onto and across CSAH 9 (Dodd Boulevard) to reduce the
risk of accidents, improve the overall safety for all motorists, pedestrians and bicyclists,
provide for increasing traffic levels and safety improvements; and
WHEREAS, Federal funding in the amount of $388,800 has been programmed which will
cover a portion of DCP 9-55 construction costs; and
WHEREAS, on April 7, 2003 (Resolution No. 03-60), the Lakeville City Council adopted a
resolution in support of the Dakota County East-West Corridor Preservation Study; and
WHEREAS, on May 20, 2003 (Resolution No. 03-285), the Dakota County Board of
Commissioners adopted the Dakota County East-West Corridor Preservation Study; and
WHEREAS, the adopted Dakota County East-West Corridor Preservation Study Alignment B
between Highview Avenue and Trunk Highway 3 follows the proposed 179th Street alignment
and 175th Street alignment; and
Dakota County Contract #C0032669
April 17, 2020
Page | 3
WHEREAS, the Dakota County East-West Corridor Preservation Study Identification of
Preferred System Plan included functional and jurisdictional recommendations including
turnback of CSAH 9 (Dodd Boulevard) from the County to the City; and
WHEREAS, the recommended turnback of CSAH 9 (Dodd Boulevard) has a western terminus
at the intersection of Alignment B and Hayes Avenue and an eastern terminus at CSAH 31
(Pilot Knob Road); and
WHEREAS, County Projects 9-56 and 97-203 proposed improvements will serve as a basis
for the jurisdictional transfer of CSAH 9 (Dodd Boulevard) and 179th Street between Highview
Avenue and CSAH 31 (Pilot Knob Road), consistent with the current adopted Dakota County
Transportation Plan; and
WHEREAS, County Project 9-56 includes improvements to and jurisdictional changes of
CSAH 9 (Dodd Boulevard) between Hayes Avenue and CSAH 31 (Pilot Knob Road),
including access modifications to a 3/4 access non-signalized at the intersection of CSAH 9
(Dodd Boulevard) and CSAH 23 (Cedar Avenue) and Alignment B (179th Street) between
Hayes Avenue and CSAH 23 (Cedar Avenue) of adopted Dakota County East-West Corridor
Preservation Study; and
WHEREAS, Dodd Boulevard will be designed as a future City Municipal State Aid roadway
between Gerdine Path and CSAH 31 (Pilot Knob Road); and
WHEREAS, County Project 97-203 includes improvements to 179th Street from CSAH 23
(Cedar Avenue) to Fieldcrest Avenue, including rehabilitating the roadway surface, geometric
modifications to County Standards, a median, dedicated turn lanes at intersections, and a
roundabout at the Flagstaff Avenue intersection; and
WHEREAS, County Project 46-54 will fill a trail gap on the County system identified in the
2040 Comprehensive Plan along the south side of CSAH 46 (160th Street) between CSAH
31 (Pilot Knob Road) and Future CSAH 33 (Diamond Path); and
WHEREAS, County staff recommends a joint powers agreement with the City to define the
design, right of way acquisition, construction and maintenance responsibilities, project cost
participation, including Federal funding, and jurisdiction transfer; and
Dakota County Contract #C0032669
April 17, 2020
Page | 4
WHEREAS, the County and the City have included these projects in their Capital
Improvement Programs to share project responsibilities.
NOW, THEREFORE, it is agreed the County and City will share project responsibilities and
jointly participate in the project costs associated with County Projects 9-55, 9-56, 9-60, 46-54
and 97-203:
1. Administration. The City is the lead agency for design and construction administration
of DCP 46-54 (CP 20-11); design, right of way, and construction administration of DCP
97-203 (CP 20-08); and design of DCP 9-60 (CP 20-12). The County is the lead
agency for design, right of way, and construction administration of DCP 9-56 (CP 21-
05); design, right of way, and construction administration of DCP 9-55 (CP 20-07); and
construction administration of DCP 9-60 (CP 20-12). Subject to the requirements
below, the County and the City shall each retain final decision-making authority within
their respective jurisdictions.
2. Engineering. Design engineering costs, including public involvement, agency
involvement, preliminary/final design, plans, specifications and proposal, surveying,
mapping, consultant engineering, right of way mapping, construction engineering,
construction management, construction inspection and all related materials testing,
including the cost of County and City staff time for these purposes, (collectively,
“Engineering Costs”) shall be shared based on the County’s and City’s share of the
final construction costs in accordance with the current adopted County Transportation
Plan Cost Participation Policy.
3. Cost Share. County Project 9-55 (CP 20-07) and County Project 9-60 (CP 20-12) are
considered Small Safety Projects (policy F.16 Cost Participation) in the current
adopted Dakota County Transportation Plan. The County will contribute up to 100%
of the engineering and construction costs of directional access medians based on the
improvement to the safety of the transportation system. DCP 9-55 (20-07) includes
the addition of a southbound right turn lane to Icenic Trail where the County will
contribute up to 55 percent of the engineering and construction costs (after deducting
federal and state cost participation amounts) of eligible project costs in accordance
with County policies included in the current adopted Dakota County Transportation
Plan.
Dakota County Contract #C0032669
April 17, 2020
Page | 5
County Project 9-56 includes the reconstruction of CSAH 9 (Dodd Boulevard) from
Hayes Avenue to CSAH 31 (Pilot Knob Road) to City Municipal State Aid
collector/local street standards, modifications and traffic signal removal to a 3/4 access
non-signalized intersection of CSAH 9 (Dodd Boulevard) and CSAH 23 (Cedar
Avenue). The County will be responsible for 100% of the eligible project costs in
preparation of a future jurisdictional transfer to the City.
County Project 9-56 includes construction of 179th Street (new alignment) from Hayes
Avenue to CSAH 23 (Cedar Avenue), which will become the new County State Aid
Highway, following access modifications to the intersection of CSAH 9 (Dodd
Boulevard) and CSAH 23 (Cedar Avenue) as part of a future jurisdictional transfer.
The costs of this work will be shared in the amount of 55% by the County and 45% by
the City in accordance with applicable County cost sharing provision of this Agreement
and in accordance with County Policies for new or reconstruction involving excavation
and other new or reconstructed infrastructure contained in F.1 through F.18 of the
current adopted Dakota County Transportation Plan.
County Project 97-203 includes construction of Alignment B (179th Street) between
CSAH 23 and CSAH 31 (as part of the future County system) to County State Aid
Standards. The costs shall be shared in the amount of 55% by the County and 45%
by the City, in accordance with County policies for new or reconstruction involving
excavation and other new or reconstructed infrastructure contained in F.1 through
F.18 of the current adopted Dakota County Transportation Plan.
County Project 46-54 includes construction of a trail along the south side of CSAH 46
(160th Street) between CSAH 31 and CSAH 33 (Diamond Path). After application of
all applicable cost sharing provisions of this Agreement and County transportation cost
sharing polices F.1 through F.18 in the current adopted 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 25% of total County
eligible project costs, including all eligible engineering, right of way acquisitions,
construction and construction administration costs.
Dakota County Contract #C0032669
April 17, 2020
Page | 6
4. Non-Project Costs. It is understood that for efficiency and cost effectiveness, the City
may request elements exceeding the City’s Municipal State Aid collector/local street
standards such as City utilities, pedestrian tunnels not required as part of the highway
project and aesthetic improvements, be included in the Project. The City shall be
responsible for 100% of the costs of City utilities not required due to construction, and
100% of all aesthetic elements that exceed the County maximum participation for
aesthetic elements in accordance with County policies included in the current adopted
Dakota County Transportation Plan.
5. Municipal Construction Items. The costs for the design and reconstruction of
improvements to any street under City jurisdiction, outside of the scope and
construction limits for the Project, and any access or access improvements to local
developments that are planned but not required by the Project, shall be the
responsibility of the City.
6. Construction Items. Cost sharing includes all highway and roadway construction
items, including removals; sidewalks and trails; mobilization and traffic control,
temporary widening or other measures if required as part of traffic control or project
staging; traffic signal system construction items; County furnished materials; mitigation
as required by state and federal permits including accessibility requirements;
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; water pollution best management
practices, including storm sewer and other stormwater management facilities, eligible
for County/City State Aid funding and based on contributing flows from the County
right of way, meeting National Urban Runoff Protection (NURP) standards; wetland
mitigation and banking; installation of roundabout and design elements integral to the
safe design and operation of the roundabouts; mitigation required for access
modifications; modifications, replacement or adjustment of lighting, including
roundabout intersection 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 County policies included in the current adopted Dakota County
Transportation.
Dakota County Contract #C0032669
April 17, 2020
Page | 7
7. 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 percent (50%) of the cost of aesthetic
elements up to a maximum amount of three percent (3%) of the County’s share (prior
to application of Federal funding) 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 percent (50%) of the costs of all aesthetic elements and
100 percent (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.
8. Miscellaneous Elements. General maintenance will be handled in accordance with
County policies included in the current adopted Dakota County Transportation Plan.
9. Street Lighting, Trail Lighting and Maintenance Costs. Upon completion of the
Projects, electrical power necessary for the operation of the streetlights (including
roundabout lighting, trail lighting and underpass lighting) and maintenance of the
streetlights will be provided in accordance with County policies included in the current
adopted Dakota County Transportation Plan.
10. Right-of-Way. The preliminary design for the projects will determine the existing right
of way, permanent and temporary highway easement and drainage and utility
easements required to complete the improvements. The lead agency 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 Projects. 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 based on the County’s and City’s share of the final
construction costs in accordance with the current Dakota County Transportation Plan
and Cost Participation policies. The collaborating agency shall convey to the lead
agency, at no cost, before construction of the Project begins, all necessary permanent
highway and temporary easements, on forms approved by the County Attorney’s
Dakota County Contract #C0032669
April 17, 2020
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office, on all adjacent County/City-controlled real property for Project purposes. The
collaborating agency shall convey rights to the lead agency, 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 drainage and utility easements
as necessary. Upon completion of the Project, the ownership of the drainage and
ponding easements and permanent right of way for City streets shall be owned by
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.
11. Plans, Specifications and Award of Contract. The lead agency will prepare plans and
specifications consistent with County and City design standards, State-Aid design
standards and MnDOT standards and specifications. Concurrence with the plans and
specifications is required prior to advertising for bids. Within 7 days of opening bids
for the construction contract, the lead agency shall submit a copy of the low bid and
an abstract of all bids together with the request for concurrence by the State in the
award of the construction contract to the lowest responsible bidder. The lead agency
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 for the specific project that is not awarded, and all costs incurred as of the
date of termination shall be apportioned in accordance with the terms of this
Agreement. The contract construction shall be performed in accordance with State
approved plans, specifications and special provisions which are made a part hereof
by reference with the same force and effect as though fully set forth herein.
12. Construction Standards. All construction, including traffic control, shall be
accomplished in accordance with applicable State Aid, County and City standards,
specifications, and policies to the satisfaction of the County and City. The County and
City reserves the right to inspect construction materials and methods as needed.
13. City Utilities. Except as stated in the above sections of this Agreement, the City shall
pay all other costs associated with city utilities impacted as part of the applicable
Projects. Further, the City shall be responsible for the maintenance of all such facilities
after the completion of the Project.
Dakota County Contract #C0032669
April 17, 2020
Page | 9
14. Project Cost Updates. The lead agency must provide updated cost estimates 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 lead agency at the following times:
• 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 the updates are provided
for informational purposes in good faith. Each agency is responsible for informing
their respective council or board regarding Project costs estimates.
15. Payment.
a. The lead agency for each project 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 or
County Engineer. 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 upon receipt or within a maximum
of 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 outstanding amount will be made following good faith
negotiation and documentation of actual costs incurred in carrying out the work.
Dakota County Contract #C0032669
April 17, 2020
Page | 10
b. County Project 97-203. 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 of the County’s and City’s share of the
Project’s costs (engineering/design, right-of-way and construction) monthly.
The County will request payment of the City’s share of the Project’s
engineering/design, right-of-way acquisition and construction costs (estimated
$2,526,000) after May 1, 2023. To the extent the actual City share of costs are
higher than the estimate listed above, the County will request payment of any
balance due after February 1, 2024.
c. County Project 9-56. 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 payment of the City’s share of the Project’s
engineering/design, right-of-way acquisition and construction costs (estimated
$1,734,000) after May 1, 2025. 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, 2026. The County will request payment on a
quarterly basis for any Project construction costs incurred for City utility
improvements (sanitary sewer, watermain, storm sewer) after August 1, 2022.
16. Change Orders and Supplemental Agreements. Any change orders or supplemental
agreements that affect any of the Projects’ cost participation must be approved by the
Authorized Representative of each party prior to execution of work. Both Parties shall
endeavor to provide timely approval of change orders and supplemental agreements
so as not to delay construction operations.
17. Amendments. Any amendments to this Agreement will be effective only after approval
by each governing body and execution of a written amendment document by duly
authorized officials of each body.
Dakota County Contract #C0032669
April 17, 2020
Page | 11
18. Effective Dates for Design and Construction of Project. 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. Absent an amendment, however, in no event will this Agreement
continue in effect after January 1, 2027.
19. Final Acceptance. Final acceptance of the Projects must be approved by both parties.
The City requires a maintenance bond from the Contractor for the installation of City
infrastructure (street and utilities) to be installed with the Projects. The warranty period
for materials and workmanship shall be two years from the date of final acceptance by
the City. This requirement shall be included in the bidding documents for the Projects.
20. Storm Sewer Construction and Maintenance. The City shall be responsible for
assisting with the 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 acceptance of the
Projects, 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 these
Projects in accordance with County policies included in the current adopted Dakota
County Transportation Plan.
21. Sidewalks and Trails. Upon acceptance of the Projects, maintenance of sidewalk and
trails shall be provided in accordance with the current County and City Maintenance
Agreement for County Bikeway Trails. The County and 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.
Dakota County Contract #C0032669
April 17, 2020
Page | 12
22. Pavement Maintenance. Upon acceptance of the Projects, 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.
23. Subsequent Excavation. After completion of the Projects, 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 employs its own contractor for the above described water, sewer or other utility
repair or installation, the City shall hold the County harmless from any and all liability
incurred due to the repair or installation of said water, sewer or other municipal utility
including, but not limited to, the costs of repair as well as liability to third parties injured
or damaged as a result of the work. 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.
24. Jurisdictional Transfer. Jurisdictional transfer of CSAH 9 (Dodd Boulevard) and 179th
Street will take place upon completion of DCP 9-56. Prior to transfer, the County will
revoke County State Aid status on all of that portion of CSAH 9 (Dodd Boulevard)
between Hayes Avenue and CSAH 31 (Pilot Knob Road) and the City will revoke
Municipal State Aid Status on 179th Street between 175th Street and CSAH 31 (Pilot
Knob Road) in Lakeville. A separate agreement further detailing terms and
descriptions of the roadway transfer will be executed prior to award of the DCP 9-56
construction contract.
25. Rules and Regulations. The County and the City shall abide by Minnesota Department
of Transportation and standard specifications, rules, and contract administration
procedures.
Dakota County Contract #C0032669
April 17, 2020
Page | 13
26. 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. Each Party
shall include the other Party as additional insured in the contract documents.
27. Employees of Parties. 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, and 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
employees while so engaged on any of the work contemplated herein shall not be the
obligation or responsibility of the City.
Any and all persons engaged in the work to be performed by the City shall not be
considered employees of the County for any purpose, including Worker’s
Compensation, and any and all claims that may or might arise out of said employment
context on behalf of said employee while so engaged. Any and all claims made by
any third party as a consequence of any act or omissions of the part of the City’s
employees while so engaged on any of the work contemplated herein shall not be the
obligation or responsibility of the County.
28. Audits. Pursuant to Minnesota Statutes Section 16C.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. Dakota County will be
financially responsible for the cost of the audit.
Dakota County Contract #C0032669
April 17, 2020
Page | 14
29. 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 Projects; 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 construction provided for in this
Agreement together with each parties indemnification obligations.
30. 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) 985-450 0
mark.krebsbach@co.dakota.mn.us zjohnson@lakevillemn.gov
The Authorized Representative shall obtain authorization to implement or administer
any provision of this Agreement from his or her respective governing body as required
by the governing body’s policies and procedures. The parties shall promptly provide
notice to each other when an Authorized Representative’s successor is appointed.
The Authorized Representative’s successor shall thereafter be the Authorized
Representative for purposes of this Agreement.
All notices or communications required or permitted by this Agreement shall either be
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 completed two business days after the date of mailing.
[SIGNATURE PAGE TO FOLLOW]
Dakota County Contract #C0032669
April 17, 2020
Page | 15
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 Douglas P. Anderson, Mayor
(SEAL)
By_________________________
Charlene Friedges, City Clerk
Date_______________________
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DAKOTA COUNTY
RECOMMENDED FOR APPROVAL: By
Physical Development Director
__________________________ Date________________
County Engineer
APPROVED AS TO FORM:
Assistant County Attorney
Date:
CAO File #: KS-______________
COUNTY BOARD RESOLUTION
No. Date: