HomeMy WebLinkAbout6.f. Approve Joint Powers Agreement/Authorize Feasibility Report And Plans & Specifications - County Road 73 Improvements, City Project 399AGENDA ITEM: Approve Joint Powers
Agreement /Authorize Feasibility Report
and Plans and Specifications- County
Road 73 Improvements, City Project
#399
AGENDA SECTION:
Cons
41 6 F
NO.
APPROVED BY:
PREPARED BY: Andrew J. Brotzler, P.E., City Enginee r /GENOA
ATTACHMENTS: Joint Powers Agreement; Resolution,
Map
RECOMMENDED ACTION: 1) Motion to Approve a Joint Powers Agreement with Dakota
County for the Improvements on County Road 73 and Authorize the Necessary Signatures.
2) Motion to Adopt a Resolution Authorizing the Preparation of a Feasibility Report and
Preparation of Plans and Specifications for County Road 73 Improvements, City Project
L #399.
4ROSEMOUNrr
CITY COUNCIL
City Council Meeting: March 21, 2006
ISSUE:
EXECUTIVE SUMMARY
The upgrade of County Road 73 (Akron Avenue) from CSAH 42 to Old County Road 38 (135 Street) is
included m the City and County capital improvement plan (CIP) for construction in 2007 with design
beginning m 2006. Attached for Council consideration is a Joint Powers Agreement with Dakota County
and a resolution to authorize the preparation of a feasibility report and plans and specifications for the
protect.
BACKGROUND:
County Road 73, currently a gravel road has been idenufied to be upgraded to an urban section in
recognition of the contmmng development m the area from CSAH 42 to Old County Road 38. The entire
length of County Road 73 was previously scheduled to be completed m 2007, however in 2005, Dakota
County requested that the schedule for the project be delayed The main reason for delaying the project
was the cost associated with acquiring right -of -way prior to development. Through discussions with
Dakota County, the segment of County Road 73 between CSAH 42 and Old CountyRoad 38 was inserted
back into the CIP with the understanding that the City would take the lead on the project and assume the
responsibility for nght -of -way acquisition as the City has the ability to recover nght -of -way costs through
special assessments.
In order to meet a spring 2007 construction start date, it is necessary to begin the preparation of plans and
specifications concurrently with the preparation of a feasibility report.
SUMMARY:
Staff recommends Council approval of the Joint Powers Agreement and attached resolution
G ENGPROJ \399\JPA- FR- PISpcCC3 -21 -06 doc
JOINT POWERS AGREEMENT
DAKOTA COUNTY
DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
ENGINEERING,
RIGHT OF WAY ACQUISITION AND
HIGHWAY CONSTRUCTION
BETWEEN
THE COUNTY OF DAKOTA
AND
THE CITY OF ROSEMOUNT
FOR
COUNTY PROJECT NO. 73 -08
FOR THE
Reconstruction of County Road 73 (Akron Avenue) from County State Aid Highway 42 to
135 Street in Rosemount, Dakota County.
County Project No. 73 -08
March 2, 2006
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, referred to in
this Agreement as "the City"; and witnesses the following:
WHEREAS, under Minnesota Statutes Section 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 reconstruct CR 73 (Akron Avenue), from
CSAH 42 to 135 Street in Rosemount, Dakota County; 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 engineering,
construction, and right of way acquisition.
NOW, THEREFORE, it is agreed that the County and the City will share project
responsibilities and jointly participate in the project costs associated with engineering,
highway construction, and related activities as described in the following sections:
1. Engineering. Engineering and contract administration costs for the roadway
construction shall be split based on the County's and City's share of the final construction
costs.
2. Roadway Construction Items. The construction costs of the following items shall be
shared in the amount of 55% by the County and 45% by the City:
a.)
b.)
Clearing and grubbing;
Removal and salvage;
2
3
County Project No. 73 -08
March 2, 2006
c.) Grading, Base, and Surfacing;
d.) Curb and gutter;
e.) Medians;
f.) Retaining walls;
g.) Turf establishment;
h.) Pavement markings and signing;
i.) Mobilization, field office and laboratory, and traffic control;
j.) Sidewalks and bikeways;
k.) Mitigation required by state and federal permits;
1.) Storm sewer and other drainage facilities eligible for County State Aid
funding based on contributing flows;
m.) Replacing and restoring fences, landscaping, and driveways;
n.) Centerline drainage culverts;
o.) Reconstructing or adjusting sanitary sewer, storm sewer and detention
ponds, watermains and appurtenances due to roadway construction;
p.) Relocating or adjusting privately owned utilities when not performed at the
expense of the utility;
q.) The County's share of water pollution control best management practices,
based on contributing flows, meeting National Urban Runoff Protection
(NURP) standards; and
r.) Incidental items related to construction that are not specifically listed above.
3. Aesthetic Elements. Aesthetic elements for the project include landscaping,
plantings, decorative pavements, or surface treatments. 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, utilities, and ponding. The City shall be
4
County Project No. 73 -08
March 2, 2006
responsible for 50% of the costs of all aesthetic elements and 100 °10 of the costs that
exceed the County's maximum participation for aesthetic elements and shall be
responsible for the maintenance of all aesthetic elements.
4. City Utilities. Except as stated in Sections 1, 2, 3 of this agreement, the City shall
pay all other costs for new storm sewer, storm water ponding and other drainage facilities,
sanitary sewer, watermains and appurtenances, and roadway lighting constructed as part
of this project. Further, the City shall be responsible for maintenance of all such facilities
after the completion of the project.
5. Right -of -Way. The City shall acquire all new right of way needed for permanent
and temporary highway, sidewalk and trail construction, sanitary sewers, water mains,
wetland damage mitigation and banking, drainage and ponding, and water pollution
control best management practices for this project in a manner consistent with applicable
State laws and rules. The City shall acquire said right of way at no cost to the County.
Upon completion of the project, the ownership of the permanent right of way needed for
the operation and maintenance of CR 73 shall be transferred to the County by recordable
documents. Upon completion of the project, the ownership of the drainage and ponding
easements shall remain in the name of the City.
6. Plans and Specifications. The City will prepare complete grading, paving, storm
sewer and municipal utility plans and specifications for the reconstruction of CR 73
consistent with State Aid design standards and the Dakota County Transportation Plan.
County approval of the plans and specifications is necessary prior to advertising for bids.
7. Award of Contract. The City will advertise for bids for the construction of this
project in accordance with Minnesota Law and will provide the County with an analysis of
County Project No. 73 -08
March 2, 2006
the bids received. The City will obtain County concurrence with the selected bid amount
prior to the City's award of contract.
8. Payment. 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, in turn, will bill the County
for the County's 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 30 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.
9. Change Orders and Supplemental Agreements. Any change orders or
supplemental agreements that affect the project cost participation must be approved by
both parties prior to execution of work.
10. Final completion. Final completion of the construction project must be approved by
both the County and the City.
11. Storm Sewer Maintenance. Upon acceptance of the project, the City shall be
responsible for storm sewer maintenance within the County right of way.
12. Sidewalks and Bike Trails. Upon acceptance of the project, the City shall be
responsible for sidewalk and trail maintenance.
5
County Project No. 73 -08
March 2, 2006
13. Pavement Maintenance. Upon acceptance of the project by the City and County,
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.
14. Subsequent Excavation. After completion of the project, and after expiration of the
warranty period regarding repair, if excavation within the highway right of way is necessary
to repair or install water, sewer, or other city utilities, the City shall apply for a permit from
the County and shall be responsible to restore the excavated area and road surface to its
original condition at the time of disturbance. If the City fails to have the highway properly
restored, the County Engineer may have the work done and the City shall pay for the work
within 30 days following receipt of a written claim by the County.
15. Rules and Regulations. The County and the City shall abide by Minnesota
Department of Transportation standard specifications, rules and contract administration
procedures.
16. Indemnification. The County agrees to defend, indemnify, and hold harmless the
City against any and all claims, liability, toss, damage, or expense arising under the
provisions of this Agreement and caused by or resulting from negligent acts or omissions
of the County and /or those of County employees or agents. The City agrees to defend,
indemnify, and hold harmless the County against any and all claims, liability, loss,
damage, or expense arising under the provisions of this Agreement for which the City is
responsible, including future operation and maintenance of facilities owned by the City and
caused by or resulting from negligent acts or omissions of the City and /or those of City
employees or agents. All parties to this agreement recognize that liability for any claims
arising under this agreement are subject to the provisions of the Minnesota Municipal Tort
Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed
7
County Project No 73 -08
March 2, 2006
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.
17. Waiver. 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, 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 City employees
while so engaged on any of the work contemplated herein shall not be the obligation or
responsibility of the County. The opposite situation shall also apply: the City shall not be
responsible under the Worker's Compensation Act for any employees of the County.
18. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records,
documents, and accounting procedures and practices of the City and the County 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 City and County agree to
maintain these records for a period of six years from the date of performance of all
services covered under this agreement.
19. 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 roadway construction provided for
in this Agreement.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their
duly authorized officials.
RECOMMENDED FOR APPROVAL:
By
Public Works Director Mayor
APPROVED AS TO FORM: (SEAL)
By
City Attomey
RECOMMENDED FOR APPROVAL:
County E
CITY OF ROSEMOUNT
DAKOTA COUNTY
8
Date
City clerk
County Project No. 73 -08
March 2, 2006
APPROVED AS TO FORM:
Assistant County Attorney Date
By:
Physical Development Director
COUNTY BOARD RESOLUTION:
No: 06 -79 Date: February 14, 2006 Date:
STATE OF MINNESOTA
County of Dakota
YES NO
Harris X Harris
Gaytord X Gaylord
Egan X Egan
Schouweller X Schouweiler
Turner Absent Turner
Krause X Krause
Branning X Branning
BOARD OF COUNTY COMMISSIONERS
DAKOTA COUNTY, MINNESOTA
February 14, 2006 Resolution No. 06 -79
Motion by Commissioner Egan Second by Commissioner Schouweiler
Authorization To Execute Agreement With The City Of Rosemount For County Project 73 -08
WHEREAS, County Project (CP) 73 -08 includes grading and bituminous surfacing with nght and left turn lanes on
County Road (CR) 73 (Akron Avenue) from County State Aid Highway (CSAH) 42 to 135 Street (old CR 38) in the
City of Rosemount; and
WHEREAS, the City of Rosemount is the lead agency for CP 73 -08; and
WHEREAS, entering into an agreement with the City of Rosemount is necessary to define project costs and
responsibilities and to proceed with the project, and
WHEREAS, the Transportation Department and the City of Rosemount are planning construction of CP 73 -08
beginning in 2007; and
WHEREAS, the approved 2006-201D Transportation Capital Improvement Program (CIP) includes a project cost of
$3,192,500 for CP 73 -08.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the
Physical Development Director to execute an agreement with the City of Rosemount for County Project 73 -08,
subject to approval by the County Attorney's Office as to form.
1, Mary S. Schelde, Clerk to the Board of the County of Dakota, State
of Minnesota, do hereby certify that I have comoared the foregoing
copy of a resolution with the original minutes of the proceedings of the
Board of County Commissioners, Dakota County, Minnesota, at their
session held on the 14th day of February 2006, now on file in the
County Administration Department, and have found the same to be a
true and correct copy thereof.
Witness my hand and official seal of Dakota County this 15th day of
February 2006.
Clerk to the Board
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2006
A RESOLUTION AUTHORIZING THE PREPARATION OF
A FEASIBILITY REPORT AND PLANS AND SPECIFICATIONS FOR
COUNTY ROAD 73 IMPROVEMENTS
CITY PROJECT #399
WHEREAS, the City Council of the City of Rosemount has entered into a Joint Powers Agreement with
Dakota County on March 21, 2006 for the improvements on County Road 73.
NOW THEREFORE BE IT RESOLVED, the Staff is directed to have the necessary feasibility report
prepared for the County Road 73 Improvements, City Project #399.
NOW THEREFORE BE IT FURTHER RESOLVED, the City Council of the City of Rosemount
authorizes the preparation of plans and specifications for City Project #399.
ADOPTED this 21" day of March, 2006.
ATTEST:
James D. Verbrugge, Deputy City Clerk
William H Droste, Mayor
Motion by: Second by:
Voted in favor:
Voted against:
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160TH ST W OSAH 461
PROJECT LOCATION
4 ROSEMOUNT
SPIRIT OF PRIDE AND PROGRESS
1 59111 ST W 10SA
Project Location Map
March 2006
Rosemount, MN
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Parks En Private ROW
U of MN —t Railroads
160TH STU
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