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HomeMy WebLinkAbout6.n. JPA w/Dakota County and Authorize Preparation of Plans and Specifications - Diamond Path Trail Project, City Project, City Project #434AGENDA ITEM: JPA w /Dakota County and Authorize Preparation of Plans and Specifications Diamond Path Trail Project, City Project #434 AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, PE, Director of •lic Works /City Engineer AGENDA NO. ATTACHMENTS: Resolution; JPA; Map APPROVED BY: Om RECOMMENDED ACTION: 1) Motion to enter into a Joint Powers Agreement with Dakota County for Diamond Path Trail Project, County Project #33 -11, City Project #434 and authorize the necessary signatures. 2) Motion to Adopt a Resolution Authorizing the Preparation of Plans and Specifications for the Diamond Path Trail Project, City Project #434. 4 ROSEMOUNT CITY COUNCIL City Council Meeting: January 4, 2011 EXECUTIVE SUMMARY BACKGROUND: This past summer the City requested Dakota County funding participation for the construction of a trail along the east side of Diamond Path from County Road 42 to Connemara Trail. In November the City was notified that this project had been accepted by Dakota County for design and easement acquisition in 2011 and construction in 2012. The attached Joint Powers Agreement with Dakota County identifies the City as the lead agency for the project and outlines the financial responsibilities. The Agreement has been reviewed by the City Attorney. The estimated project cost is $305,030. Based on Dakota County's funding policy the City is responsible for 45% of the cost, or $150,750. This amount will be funded with the Pedestrian Improvement line item in the Public Works Street Maintenance Operating Budget for 2011 and 2012. SUMMARY: Staff recommends Council approval of the attached Joint Powers Agreement and resolution to authorize the preparation of plans and specifications. G: \ENGPROJ \434 \20110104 CC JPA Dakota County-Auth Prep P1nsSpecs.docx WHEREAS, the City Council has entered into a Joint Powers Agreement with Dakota County for the construction of a bituminous bikeway trail between County Road 42 and Connemara Trail, Diamond Path Trail Project, City Project #434. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Rosemount orders the preparation of plans and specifications for said improvements of City Project #434. ADOPTED this 4th day of January, 2011. ATTEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 A RESOLUTION AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR DIAMOND PATH TRAIL PROJECT COUNTY PROJECT NO. 33-11 CITY PROJECT #434 William H. Droste, Mayor JOINT POWERS AGREEMENT DAKOTA COUNTY DEPARTMENT OF TRANSPORTATION AGREEMENT FOR ENGINEERING AND TRAIL CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR COUNTY PROJECT NO. 33 -11 TO Contract No. 13107 Construct bituminous bikeway trail on the east side of County State Aid Highway 33 (Diamond Path) from County Road 42 to Connemara Trail in the City of Rosemount, Dakota County. 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 construct a bituminous bikeway trail on the east side of County State Aid Highway 33 (Diamond Path) from County Road 42 to Connemara Trail in the City of Rosemount; and WHEREAS, the County and the City have included this project in their Capital Improvement Programs to share project responsibilities. a. Removal and salvage items b. Grading items c. Aggregate base d. Bituminous paving CP 33 -11 Contract No. 13107 December 16, 2010 NOW, THEREFORE, it is agreed the County and the City will share project responsibilities and jointly participate in the project costs associated with the construction of the bituminous bikeway trail as described in the following sections: 1. Engineering. Design engineering, construction engineering, construction management, construction inspection and all related materials testing shall be shared in the amount of fifty -five percent (55 by the County and forty -five percent (45 by the City. See Section 9, below for assignment of engineering responsibilities. 2. Bituminous Bikeway Trail Construction. Construction costs for the following items shall be shared in the amount of fifty -five percent (55 by the County and forty -five percent (45 by the City: e. Turf establishment f. Repairing driveways g. Manhole and gate valve adjustments h. Mobilization. CP 33 -11 Contract No. 13107 December 16, 2010 3. Trail Easements. The City will acquire all necessary permanent trail easements and temporary construction easements for trail construction. Easement costs shall be shared in the amount of fifty five percent (55 by the County and forty -five percent (45 by the City. The City shall purchase the necessary easements in accordance with State statutes and rules governing acquisition of public right -of -way. Upon completion of the project, ownership of all permanent trail easements shall be transferred to Dakota County by Quit Claim Deed executed by the City. 4. Payment. The City will 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. After January 1, 2011 and 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. 5. Amendments. Any amendment 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 body. 6. 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, 2013. 7. 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 and caused by or CP 33 -11 Contract No. 13107 December 16, 2010 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 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. 8. Waiver. Any and all persons engaged in the aforesaid work to be performed by the City shall not be considered employees of the County and any and all claims that may or might arise under the Worker's Compensation Act of this State on behalf of said employees while so engaged, and 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 County. The City shall not be responsible under the Worker's Compensation Act for any employees of the County. 9. Plans, Specifications and Award of Contract. The City will prepare plans and specifications consistent with County design practices, State -Aid design standards, the Dakota County Transportation Plan, and the City's utility standards and specifications. County concurrence with the plans and specifications is required prior to advertising for bids. The City Council will award the contract for reconstruction /overlay of the bituminous bikeway trail to the lowest responsive and responsible bidder in accordance with state law. 10. Change Order and Supplemental Agreements. Any change orders and /or supplemental agreements which affect the County's project cost participation, and changes to the plans which affect current County Road standards must be approved by the County prior to authorization to contractor for execution or work. N:IHighwaylAGRMENT12010133 -11 Rosemount Bike Trail 13107.docl IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: Public Works Director APPROVED AS TO FORM: CITY OF ROSEMOUNT By: William H. Droste Mayor By: City Attorney City Clerk RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer Assistant County Attorney Date COUNTY BOARD RESOLUTION: DAKOTA COUNTY Date: By: Lynn Thompson, Director Physical Development Director No. Date: Date: Path Trail Project U. 148T ST W U 145TH ST W DAVENPORT 146TH STW proposed trail segment 145TH ST W TCRCENT CIR d ons, ,dark U.150TH ST 143RD ST W U 145TH ST /h U 145TH ST W 151ST Cartons Woods Park O ps i 5 vW 146TH ST W o w j 1 47TH STD w O 148TH ST W w O z p 2 U. 148TH ST V)5 1-- (7.) 11 (r) z z O ��4 re 149TH ST V UPPER 149TH ST W 149TH p E PArk' CA COLUMBAR 152ND ST W n CIR f UPPER 143RD /45TH ST Vli' L. 147TH 147TH ST W U. 147TH ST W 148TH ST W 149TH 0 d 0 Z 0 2 0 450 38TH 900 i ll a c o Q Connemara o Park p i. \T.', ,o, V coN 1,800 T: /GIS /City/Maps/Departmental Maps /Engineering /Chris/433 Diamond Path trail project 3,61X1 Feet 2,700 0 cp- u QY O S G M 3. z v ra �J ce 0 4' R. o ci ,y c ADO a 4 CON t‘' G PR PPlH 4- SCHWARZ 0 POND Schwarz Pond Park December 2010 2 0 LO .o LO 0 0 CO 00 00 00 00 0 0 0 0 0 m 141 0 N .r+ 0 0 o rl' r-i' N tp M tD 00 N 00 M1 ri ri Lf1 ea rl 4--1 rl a-1 0 0 0 0 0 O 01 01 00 N '-4 0 0 0 0 l•- 0 o tc O N N 00 N C O C to 0o -c 00 0 cc u N V) I/ U to VI h N N N f0 f0 e0 Lu 1.1.1 L t L N 0 0 Cl CL co. 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