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.
E E E
f0 f6
CC CC CC
3 3 3
L
L esI
22 IN CV N n In
u_ F- F-
O ri ri rl
2 S 2
0 a a a
LO
K r1 ri rl
W 0 0 0
N N N
O O O O in
Ln Ln L0 O 01
01 N CO CO N
LL1 Lf1 !x e-I
ri ri
0 0 0 0 0
0 0 0 0 0
0 Oo0
.-i Ln m Lr
rl ri rl m N
C<
H
0
Z
6
ei
N N N N CO
M m m m m
2 5 2 2 2
a a a a
Ln
O
Ln
t0
N
Ln
01
in
ui
ri
N
0 0
1I
0i
N
0 C 0 0 0 0
CO 00 00 00 00
co N 01
Ln N et
ell
O
in
8
01
01
O 1 0 i
N N O
N M
N CO
t 0 0 0
u n rn
W
L1
M
4— CC
0
N 0
w Z
CV CO M et M CO
2 2 2 2
a a a a
N
7 7 7
O o O
C C C
E E
7 7
en m m
O
0
N
00
N
O
N
rI
O
0
ri
Ln
o U1 N N
4i d' Ln
rl
o L L
Lf1 t N
cri
e-i CO N
i--1
0 0 0 0 0 0
M N
N
O 0 Q O 0 0 O a O Q
0) 000 F' 0 00 01 3 t F
z z 0 O o z z O 4.- 0 0
C 00 m m m h- i• m m e 0 4, L gel N L VI m
N dl d n d N d e 00 n 0 wil
ai
N N N
C C C C N c c c c C C C
N N 1�0 I CO N 00 00 1�0 h
W W w w p, w W w w 2 2 S
a
a
C L' C L N N Y Y t C t
0 0 0 0 O O N O O O
z z z n 3 z 3 z z z
CU a v
00 0a 00
i
Co-
m m
C: CC CC
C C C
0 0 0
E.
411 CU CU
d d'
v� Q Q
U VUVU V UV VV
ri ri ri ri r1 N 4-1 ri N CO CO CO
r-I r-1 ri r-1 ri ri ri ri rl ri rl e-1
0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N
O
O
O
01
O
N
O
O
O
ri
rl
0 0
o
O
00
m
1/1