HomeMy WebLinkAbout6.f. Joint Powers Agreement - CSAH 42 Akron Signal Installation, City Project 2020-13I:\City Clerk\Agenda Items\Approved Items\6.f. Joint Powers Agreement - CSAH 42 Akron Signal Installation, City Project 2020-13.docx
EXECUTIVE SUMMARY
City Council Regular Meeting: November 17, 2020
AGENDA ITEM: Joint Powers Agreement - CSAH
42/Akron Signal Installation, City Project
2020-13
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, Director of Public
Works/City Engineer AGENDA NO. 6.f.
ATTACHMENTS: Joint Powers Agreement between
Dakota County and the City of
Rosemount
APPROVED BY: LJM
RECOMMENDED ACTION: Motion Authorizing the Execution of a Joint Powers
Agreement between Dakota County and the City of Rosemount to perform engineering,
construction and traffic signal system operation and maintenance.
BACKGROUND
Attached for City Council review and approval is a Joint Powers Agreement (JPA) for performing
engineering, right of way acquisition, highway construction and traffic signal system operation and
maintenance at County State Aid Highway 42/145th St and County Road 73/Akron Avenue.
The intersection of 145th Street and Akron Avenue has seen the traffic increase significantly with the
Prestwick Place, Greystone and Meadow Ridge developments. As a result, Dakota County in cooperation
with the City of Rosemount has prepared a design to install a traffic signal at this intersection.
Additionally, there will be some improvements to Akron Ave south of 145th St in preparation for future
development at the UMore area. Finally, at Rosemount’s request, the County has included the extension
of water main to the south underneath 145th St.
Because CSAH 42 is designated as a principal arterial, the city cost share of the roadway is 15%, and the
cost of the signal and related elements is 45% per the Dakota County cost share policy. Based on the
estimated cost of each of these elements, the final construction cost share for the city is proposed to be
20% for a total of $474,930. Funding for this work is Municipal State Aid eligible and Rosemount has
requested advance funding from the County. This request was approved and as a result Rosemount will
repay Dakota County for the work completed over a three-year period beginning in 2022 and concluding
in 2024. In addition, the City portion of the water main extension will be paid entirely from the Water
Trunk Fund in the estimated amount of $230,000.
The City Attorney has reviewed the document and minor changes have been incorporated by the County.
RECOMMENDATION
Staff recommends City Council approval of the Joint Powers Agreement and authorization to execute it.
Dakota County Contract No.
C0033226 Rosemount
JOINT POWERS AGREEMENT FOR
PRELIMINARY & FINAL ENGINEERING, RIGHT-OF-WAY ACQUISITION, HIGHWAY
CONSTRUCTION, AND TRAFFIC SIGNAL SYSTEM OPERATION AND MAINTENANCE
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF ROSEMOUNT
FOR
COUNTY PROJECT NO. 42-156
CITY OF ROSEMOUNT PROJECT NO. 2020-13
SYNOPSIS: Dakota County and the City of Rosemount agree to complete this project including
intersection control and access management improvements at/near the junction of County State Aid
Highway 42 and County Road 73/Akron Avenue (CSAH 42 & CR 73). The intersection reconstruction,
including new signals, will improve operations and safety while accommodating increased traffic. In
addition, the design and construction will include access management elements along the intersection
approaches and east on CSAH 42 to Audrey Avenue.
County Project 42-156
Rosemount
October 2020
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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 Rosemount, Minnesota, a Minnesota municipal corporation,
referred to in this Agreement as the "City", (collectively, the “Parties”) and witnesses the following:
WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 1, two or more
governmental units may enter into an Agreement to cooperatively exercise any power common to the
contracting parties, and one of the participating governmental units may exercise one of its powers on
behalf of the other governmental units; and
WHEREAS, it is considered mutually desirable to complete the preliminary and final engineering design,
and construction, at the intersection at County State Aid Highway 42 and County Road 73/Akron Avenue
(CSAH 42 & CR 73). The installation of signals is proposed at this location to replace a two-way-stop-
controlled intersection, as well as the reconstruction of the intersection and approach roadways (the
“Project”); and
WHEREAS, the County and City have included this project in their Capital Improvement Programs and
will jointly participate in the costs of said engineering design and construction; and
WHEREAS, to provide a safe and efficient transportation system, the County and the City are partnering
on County Project No. 42-156 and City of Rosemount Project No. 2020-13; and
NOW, THEREFORE, it is agreed the County and City will share project responsibilities and jointly
participate in the project costs associated with highway and signal system design and construction, and
related activities, for County Project 42-156 as described in the following sections:
1. Project Layout. The County and Cities agree to cooperate to complete preliminary and final design
engineering for the Project based on the Layout.
2. Administration. The County will enter into and administer the preliminary and final design contract(s),
as well as construction contract(s), with one or more consulting firms, the consulting engineers, and will
coordinate the work of the consulting engineers and of construction contractors with the City. Subject to
the requirements of Section 30 (Rules and Regulations) below, the County and the City shall each retain
final decision-making authority within their respective areas of responsibility.
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Rosemount
October 2020
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3. Preliminary Engineering. “Preliminary engineering” shall be defined as engineering work completed
through preliminary layouts, which includes, but is not limited to:
a. Surveying and mapping;
b. Engineering studies and reports;
c. Public involvement process;
d. Environmental reports;
e. Traffic evaluation of various alternatives; and
f. Preliminary layouts (including Level 1 Layout as required by MnDOT)
g. 30% final plan development for the intersection and approaches
h. Conceptual and preliminary engineering of project storm water design features
4. Final Engineering Plans and Specifications. Final design will be complete when the County and City
are provided with complete grading, paving, storm sewer, wetland mitigation, traffic control, and other
municipal utility plans and specifications consistent with County design practices, State-Aid design
standards, the County and City Transportation Plans, and the City's utility standards and specifications.
The approval of final plans and specifications by the City and the County will be required prior to
advertising for bids for construction. The Plans and Specifications shall be completed by the consulting
engineers The anticipated completion date of the Final Plans and Specifications is October 16, 2020.
5. Construction. Construction shall include 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; 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 Final Plans and Specifications, except for elements as
called out under this Agreement or the current Dakota County Transportation Plan.
6. Signal Construction. The County, by contract, shall install permanent traffic control signal systems with
street lights, emergency vehicle pre-emption, and other signal system items including fiber optic
interconnection at the Project intersection.
7. Cost Shares for Anticipated Project Design and Construction Elements. The County and City agreed
to cost sharing percentages based on the major construction budget components estimated for County
Project 42-156 during preliminary engineering design. As shown in Table 1, an overall cost share was
County Project 42-156
Rosemount
October 2020
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calculated by County and City staff based on the Project’s estimated costs and local cost share guidance,
including a 45% City share for signal construction and a 15% City share for principal arterial roadway
construction. Based on the construction estimate, the combined construction costs resulted in the
County/state being responsible for 80% of the Project cost and the City being responsible for 20% of the
cost. These cost share percentages for all phases of the design-construction project were determined
based on a design estimate for signal and roadway construction in 2021 totaling $2,379,400, not including
city utility construction costs to be paid entirely by the City. County and City staff have also identified and
estimated additional costs for engineering design and right of way, which will be shared based on the
same percentages.
Table 1. Overall County/City Cost Share Percentages Based on Final Design Estimate (October 2020)
Cost Component (Est.) County/MN Share Local Share Total
Intersection Signal & Related
Construction Elements
(55%) $216,370 (45%) $177,030 $393,400
Roadway Construction (85%) $1,688,100 (15%) $297,900 $1,986,000
Est. Construction Total $1,904,470 $474,930 $2,379,400
Overall Cost Share Result 80% 20% 100%
8. County Agreement to Provide Advanced Funding to the City of Rosemount. Based on earlier
estimates, including additional costs for engineering design and right of way, County and City staff
estimated a total City cost share of $625,000. By letter dated August 7, 2020, the City requested that the
County advance this estimated $625,000 in funds for the City’s share. The City’s letter also outlines the
proposed repayment plan to the County and the City’s intent to fully pay back its share of project costs
within three years. With construction planned for completion in 2021, the City’s repayment plan proposes
payments of $200,000 in 2022; $225,000 in 2023; and $200,000, or the remainder of the city’s portion
based on actual project costs, in 2024. The Dakota County Board of Commissioners authorized the
intersection traffic control change and the advanced funding plan documented in this Joint Powers
Agreement by Resolution No. 20-465 (September 22, 2020).
9. 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. The responsibility for maintenance of all aesthetic elements shall be
in accordance with County policies included in the County’s current Transportation Plan.
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Rosemount
October 2020
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10. Miscellaneous Elements. General maintenance will be handled in accordance with County policies
included in the County’s current Transportation Plan.
11. City Utilities. Except as stated in the above sections of this Agreement, the City shall pay all other
costs for 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.
12. Plans and Specifications. The County shall prepare the complete plans, specifications and contract
documents for the Project consistent with State Aid design standards and the Dakota County
Transportation Plan. The County will award the contract for construction to the lowest responsive and
responsible bidder in accordance with state law.
13. 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 street lights) at CSAH 42 and CR 73/ Akron Avenue based on the county transportation plan
policies per leg as follows:
County’s Share = 75 % / City’s Share = 25 %
14. 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.
15. Street Light Energy. Upon completion of the traffic control signal installation, electrical power
necessary for the operation of the street lights 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 signal system,
which includes the street lights, and will invoice the City for 100% of the street light cost.
16. 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 County’s current
adopted Transportation Plan.
17. 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.
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Rosemount
October 2020
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18. 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 169.011, subdivision 3 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.
d) Upon completion of installation of the EVP system, the County shall maintain and keep in repair
the EVP system at the cost and expense of the County.
19. 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.
20. 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 42 at CR 73/Akron Ave., including stop bar and cross walks
directly at the intersection, will be maintained by Dakota County.
21. Operation. The geometric configuration of the CSAH 42 and CR 73/Akron Ave. intersection for both
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.
22. Akron Avenue South of CSAH 42. Following the project widening work along Akron Ave, City agrees
to continue to be the road authority for this current city street including all maintenance responsibilities.
The City shall convey to the County, at no cost, on the date of title and possession all necessary public
easements and rights of way necessary for project purposes, on Akron Avenue and all adjacent City-
controlled real property for Project purposes. Upon completion of the Project, the ownership of the right of
way, easements, and permanent right of way for City streets shall be owned by City.
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23. Right-of-Way Pre-Acquisition. The County will prepare right of way maps for the required permanent
and temporary highway and drainage easements for this project.
24. Project Cost Updates. The County will provide updated cost estimates to the City showing the County
and City’s 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 contract award,
prior to any mutually agreed up change in scope to the consulting engineers’ contract as provided
in Section 26 below, and
upon completion of the 30% plans
25. Payment. The County will administer the contract and act as the paying agent for all payments to the
consulting engineers. Payments will be made as the Project work progresses and when certified by the
County Engineer. The County, in turn, will bill the City for their share of the Project costs. 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.
26. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that
affect the Project cost participation must be approved by all parties prior to execution of work.
27. 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.
28. 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. Absent an amendment, however, in no event will this Agreement
continue in effect after December 31, 2022, except as noted in Section 8 (concerning repayment of
advanced funding) and Section 29 (below).
29. Effective Dates for Maintenance and Operation. The signal, trail, and roadway responsibilities
including maintenance, power costs, and operation detailed in this agreement shall remain in effect
County Project 42-156
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October 2020
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unless specifically terminated and superseded by another agreement.
30. Rules and Regulations. The County and the City shall abide by Minnesota Department of
Transportation standard specifications, rules, and contract administration procedures.
31. 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 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 tort 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 tort 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. For
purposes of determining total liability for damages, the City and County are considered a single
governmental unit pursuant to Minn. Stat. § 471.59, subd. 1a. The City shall include the County as
additional insured in the contract documents.
32. 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, or any and
all claims that may or might arise out of said employment context on behalf of said employees while so
engaged. Any and all claims made by any third party as a consequence of any act or omission on the part
of said County employees while so engaged on any of the work contemplated herein shall not be the
obligation or responsibility of the City. The opposite situation shall also apply: the County shall not be
responsible under the Worker’s Compensation Act for any employees of the City and any and all claims
made by any third party as a consequence of any act or omission on the part of said City employees
while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of
the County.
33. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and
accounting procedures and practices of the County and City relevant to the 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.
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34. 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
improvements provided for in this Agreement.
35. Authorized Representatives. The authorized representatives for the purpose of the administration of
this Agreement are:
COUNTY OF DAKOTA CITY OF ROSEMOUNT
Mark Krebsbach, Dakota County
Engineer (or successor)
14955 Galaxie Ave.
Apple Valley, MN 55124
Office: (952) 891-7102
mark.krebsbach@co.dakota.mn.us
Brian Erickson, City Engineer & Public
Works Director
(or successor)
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Office: (651) 322-2025
brian.erickson@ci.rosemount.mn.us
Notification required to be provided pursuant to this Agreement shall be provided to the following named
persons and addresses, unless otherwise stated in this Agreement or in a modification of this Agreement.
[SIGNATURE PAGES TO FOLLOW]
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Rosemount
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IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized
officials.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
By
Public Works Directors, Brian Erickson Mayor, William Droste
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Clerk, Erin Fasbender
Date
County Project 42-156
Rosemount
October 2020
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DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By
County Engineer, Mark Krebsbach Physical Development Director,
Steven Mielke
Date:
APPROVED AS TO FORM:
_______________________________________
Assistant County Attorney Date
(File #: KS-2020-00514)
COUNTY BOARD RESOLUTIONS
No. 20-049 Date: January 21, 2020
No. 20-465 Date: September 22, 2020