DEPARTMENT: Transportation
FILE TYPE: Consent Action
TITLE
title
Authorization To Amend Joint Powers Agreement And Authorization To Enter Into Detour Agreement For Construction Of Interstate 35W Improvements Including Interchange With County State Aid Highway 42, County Project 42-164 In Burnsville
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PURPOSE/ACTION REQUESTED
• Authorize staff to amend the Joint Powers Agreement (JPA) with the City of Burnsville to address Dakota County and City cost shares for construction of County Project (CP) 42-164, improvements to the Interstate 35W (I-35W) interchange with County State Aid Highway (CSAH) 42 in Burnsville.
• Authorize staff to enter into an agreement with the Minnesota Department of Transportation (MnDOT) concerning detours during I-35W construction in 2025 and 2026.
SUMMARY
To promote a safe and efficient transportation system, staff identified CP 42-164 to improve the safety and performance of the southbound exit ramp from I-35W to CSAH 42 in Burnsville, and to improve access to economic development sites. The City of Burnsville applied for project funding support under the 2021 Transportation Economic Development (TED) funding program, with Dakota County’s support authorized by Resolution No. 21-400 (August 10, 2021). MnDOT awarded $3,100,000 for the project under the TED program.
Teamwork among Dakota County, the City of Burnsville, and MnDOT has continued, including agreements for final engineering design and right of way in 2024 and 2025 and to participate in construction in 2025 and 2026. County staff received authorization to execute agreements for final engineering and construction, including anticipated local cost shares for right of way, final engineering design, and construction by Resolution No. 23-429 (September 26, 2023). The authorization included results of County and City traffic engineering studies to demonstrate County benefits and established the cost share of 70 percent County/30 percent City net costs after grant awards for final engineering design, right of way, and construction.
Resolution No. 24-312 (June 25, 2024) authorized a JPA with the City of Burnsville with the cost shares of 70 percent County/30 percent City net costs. Resolution No. 24-549 (November 12, 2024) then authorized staff to execute a cooperative agreement with MnDOT and the City of Burnsville to address construction cost participation for CP 42-164 based on 70 percent County/30 percent City local net cost shares. MnDOT will lead the construction of the Project and additional infrastructure elements along the I-35W corridor outside of the CP 42-164 project area. Therefore, the three-party cooperative agreement nearing completion addresses CP 42-164 and other I-35W corridor project cost shares based on MnDOT and Dakota County cost participation policies.
The estimated billing amounts from MnDOT under the three-party cooperative agreement have been reviewed and confirmed by staff in the three agencies to ensure conformance with the above-noted background, County Board authorizations, previous estimating, and related agreements. The billing estimate, including subtraction of the $3,100,000 TED funding award and specifically assigned construction bid items, nets out to approximately 70 percent County/30 percent City local cost shares for CP 42-164. However, the MnDOT construction billing will be based on contractor costs by bid item, and the City has identified potential grant funds to be applied. Therefore, staff requires authorization to amend the County/City JPA (Dakota County Contract No. DCA21922) to ensure local costs for construction will be finalized at the 70 percent County/30 percent City net shares after grant awards.
Additionally, the three-party cooperative agreement anticipates a Dakota County agreement with MnDOT concerning detours during I-35W construction in 2025 and 2026. Therefore, County staff require authorization to enter into the additional two-party construction detour agreement with MnDOT (State) to address payment by the State to the County for using segments of County roadways as detours, specifically segments of CSAH 42, CSAH 32, and CSAH 5.
RECOMMENDATION
recommendation
Staff recommends amending the JPA with the City of Burnsville (Dakota County Contract No. DCA21922) to address final County and City construction cost shares for County Project (CP) 42-164, improvements to the I-35W interchange with County State Aid Highway (CSAH) 42 in Burnsville. Additionally, staff recommends executing an agreement with MnDOT concerning detours during I-35W construction in 2025 and 2026.
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EXPLANATION OF FISCAL/FTE IMPACTS
The 2025 Transportation Capital Improvement Project (CIP) budgets for CP 42-164 and CP 32-115 include amounts sufficient for anticipated project construction costs to be billed by the State. The anticipated detour agreement specifies an estimated payment by the State to the County of $12,260.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, to promote a safe and efficient transportation system throughout Dakota County, the County is a major participant with the City of Burnsville and the Minnesota Department of Transportation (MnDOT) to implement County Project (CP) 42-164; and
WHEREAS, MnDOT awarded $3,100,000 for the project under the Transportation Economic Development grant program; and
WHEREAS, final engineering design work has been completed, with previous cost-sharing estimates and agreements addressed in executed joint powers agreements, including Contract No. DCA21922, for participation in construction cost shares with the City of Burnsville based on 70 percent County/30 percent City net cost sharing for CP 42-164 after grant awards; and
WHEREAS, Dakota County and the City of Burnsville have collaborated with MnDOT to negotiate a three-party cooperative agreement for the cost participation in 2025-2026 construction for CP 42-164 and other I-35W corridor project elements; and
WHEREAS, the estimated billing amounts from MnDOT under the three-party cooperative agreement have been reviewed and confirmed by staff in the three contracting agencies to ensure conformance with cost-sharing objectives, County Board authorizations, previous estimating, and related agreements; and
WHEREAS, the MnDOT construction billing will be based on contractor costs by bid item, and the City has identified potential grant funds to be applied to construction; and
WHEREAS, staff requires authorization to amend the County/City JPA (Dakota County Contract No. DCA21922) to ensure local costs for construction will be finalized at the 70 percent County/30 percent City net cost shares after grant awards; and
WHEREAS, the three-party cooperative agreement anticipates a Dakota County agreement with MnDOT concerning detours during I-35W construction in 2025 and 2026; and
WHEREAS, County staff requires authorization to enter into the two-party agreement with MnDOT to address detour routes during I-35W construction.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Engineer to amend the Joint Powers Agreement with the City of Burnsville to ensure local costs for construction will be finalized at 70 percent County/30 percent City net after grant awards for construction of County Project 42-164, improvements to the Interstate 35W interchange with County State Aid Highway 42 in Burnsville, subject to approval by the County Attorney’s Office as to form; and
BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Engineer to execute an agreement with the Minnesota Department of Transportation (State) concerning detours during I-35W construction in 2025 and 2026, including payment by the State to the County for using segments of County State Aid Highways 42, 32, and 5 as detours, subject to approval by the County Attorney’s Office as to form.
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PREVIOUS BOARD ACTION
21-400; 8/10/21
22-120; 3/22/22
23-429; 9/26/23
24-312; 6/25/24
34-549; 11/12/24
ATTACHMENTS
Attachment: Project Location and Preliminary Design Map
BOARD GOALS
☒ A Great Place to Live ☐ A Healthy Environment
☐ A Successful Place for Business and Jobs ☐ Excellence in Public Service
CONTACT
Department Head: Erin Laberee
Author: Doug Abere