HomeMy WebLinkAbout6.j. Authorize Agreement for Chippendale/CSAH 42 Improvements, City Project Improvements with Dakota CountyCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: September 2, 2003
AGENDA ITEM: Authorize Agreement for Chippendale /CSAH 42
Improvements, City Project #344, with Dakota County
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, P.E., City Engineer
AGEN #6 J
ATTACHMENTS: Agreements
APPROVED BY:
Dakota County will be participating in the funding of the Chippendale /CSAH 42 Improvements. Dakota
County's, cost sharing of the signal, system is 50% and 45% for the road improvements on CSAH 42.
Staff recommends entering into the Joint Powers Agreement with Dakota County for the funding of
Chippendale /CSAH 42 Improvements, City Project #344.
RECOMMENDED ACTION: MOTION TO ENTER INTO AN AGREEMENT WITH DAKOTA
COUNTY FOR THE CHIPPENDALE /CASH 42 IMPROVEMENTS, CITY PROJECT #344 AND
AUTHORIZE THE NECESSARY SIGNATURES.
COUNCIL ACTION:
d
JOINT POWERS AGREEMENT
DAKOTA COUNTY
DEPARTMENT OF TRANSPORTATION
TRAFFIC SIGNAL AGREEMENT NO. 03 -04
BETWEEN
THE COUNTY OF DAKOTA,
AND
THE CITY OF ROSEMOUNT
FOR
DAKOTA COUNTY PROJECT NO. 42 -87
ROSEMOUNT PROJECT NO. 344
TO
Revise the traffic control signal system with streetlights and emergency vehicle pre - emption on
County State Aid Highway 42 at Chippendale Avenue in accordance with the plans and
specifications for the above referenced project in Rosemount, Dakota County.
July 30, 2003
County Project 42 -87
Traffic Signal Agreement No. 03 -04
THIS AGREEMENT, is 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, subdivision 1, two 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 revise the permanent traffic control
signal system with street lights and emergency vehicle pre - emption on County State Aid
Highway 42 at Chippendale Avenue in accordance with the plans and specifications for County
Project 42 -87 in Rosemount, Dakota County, and
WHEREAS, the County and City will jointly participate in the cost, maintenance, and
operation of said traffic control signal system with streetlights and emergency vehicle
pre - emption as set forth in this agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Engineering. The County shall prepare the necessary signal plan sheets and
specifications, and shall perform the engineering and inspection required to complete the items
of work specified in this agreement. The City's consultant will incorporate the signal plans and
specifications into the documents being prepared for County Project 42 -87. The work
described in this paragraph shall constitute "Engineering and Inspection" and shall be referred
to as such in this agreement.
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July 30,, 2003
County Project 42 -87
Traffic Signal Agreement No. 03 -04
2. Construction Costs. The contract cost of the work and, if portions of the work
are not contracted, the cost of all labor, materials, and equipment rental required to complete
the work shall constitute the actual "Construction Cost" and shall be referred to as such in this
agreement.
3. Construction. The City, by contract, shall revise the permanent traffic control
signal system with street lights and emergency vehicle pre - emption on County State Aid
Highway 42 at Chippendale Avenue. The construction, engineering, and inspection costs will
be shared as follows:
Estimated Traffic Signal Construction Cost = $214,000
County's Share = 50 %
City's Share = 50 %
4. Payment. The City will act as the paying agent for payments to the contractor.
Payments to the contractor will be made as the project work progresses and when certified for
payment by the City Engineer. The City, in turn, will bill the County for the County's share of
the construction as specified in paragraph 3. Upon presentation of an itemized claim by one
agency to the other, the receiving agency will 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.
5. Engineering Costs. Upon completion of the work and computation of the
County's engineering costs, the County shall invoice the City for the City's share of the
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July 30, 2003
County Project 42 -87
Traffic Signal Agreement No. 03 -04
engineering and inspection costs incurred by the County. The City shall make payment to the
County for the invoice amount within thirty days.
6. ' County Furnished Materials. Upon completion of the work and computation of
the cost of County furnished materials, the County shall invoice the City for the City's share of
the cost of materials furnished by the County. The City shall make payment to the County for
the invoice amount within thirty days.
7. Signal Energy. Upon completion of the traffic control signal revision, the County
and the City shall be responsible for providing the necessary electrical power for the operation
of the traffic control signal (except streetlights). The County will receive the bill for the electrical
power of the traffic control signal and invoice the City for their portion as follows:
County's Share = 50%
City's Share = 50%
8. Signal Maintenance. Upon completion of said traffic control signal revision, the
County, upon being advised or made aware of the need for repairs to the signal, shall maintain
and keep in repair the signal system, except street lights, at the cost and expense of the
County.
9. Street Lights. Upon completion of the traffic control signal revision, the City shall
provide necessary electrical power for the operation of the streetlights and will maintain the
street lights, at the cost and expense of the City.
10. Mast Arm Signs. Upon completion of the traffic control signal revision, 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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July 30, 2003
County Project 42 -87
Traffic Signal Agreement No. 03 -04
11. Emergency Vehicle Pre - emotion (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 169.01, subdivision 5 and Section 169.03.
The City shall provide the County with a list of all vehicles equipped with emitter units.
b) Malfunction of the EVP System shall be reported 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
remove the EVP System.
12. Timing. Timing of the traffic control signal system shall be determined by the
County Engineer through the County Traff ic Engineer. No changes to the system timing will be
made to the system except with the written approval of the County
13. Operation. The geometric configuration of the intersection for both the main
roadway and side streets including lane alignments and traffic assignments for all approaches,
traffic signing, signal phasing and traffic operations will be determined by the County Engineer
through the County Traffic Engineer. The City agrees to make no changes to the intersection
operation through pavement marking, signing, or other construction measures beyond routine
maintenance except with the written approval of the County. The City acknowledges that the
County has the right to correct any changes made by the City to the signal and /or any
intersection approach (including city street approaches) that are made without the prior review
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July 30, 2003
County Project 42 -87
Traffic Signal Agreement No. 03 -04
and approval of the County. Costs for correcting the unapproved changes will be paid for by
the City.
14. Rules and Regulations The County and City shall abide by Minnesota
Department of Transportation and Federal Highway Administration rules and State statutes as
applicable to carrying out the work contemplated in this agreement.
15. Indemnification During the signal construction activity, each party agrees to
indemnify, defend and hold the other harmless against any and all claims, liability, loss, damage
or expense arising from actions under this Agreement for which the indemnifying party has sole
responsibility and control. Each party will maintain, and require any contractors or
subcontractors hired to do any portion of the work under this Agreement to also maintain,
Commercial General Liability insurance in amounts consistent with the limitations on liabilities
set forth in Minnesota Statutes 466.04 during the term of this Agreement. Such insurance
policy(ies) shall name Dakota County and the City as Additional Insured.
All parties to this Agreement recognize that liability for claims arising under this Agreement are
subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes,
Chapter 466, and nothing herein shall be deemed a waiver by either party of the limitations on
liabilities set forth therein.
16. Waiver Any and all persons engaged in the 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
out of said employment context 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
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County Project 42 -87
Traffic Signal Agreement No. 03 -04
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly
authorized officials.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
Public Works Director
APPROVED AS TO FORM:
City Attorney
BY
Mayor
(SEAL)
By
City Clerk
Date
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL: By
Physical Development Director
_ Date
County En i er
APPROVED AS TO FORM:
COUNTY BOARD RESOLUTION
No. 03 -346 Date: July 1, 2003
County Attorney
0
BOARD OF COUNTY COMMISSIONERS
DAKOTA COUNTY, MINNESOTA -
July 1, 2003 Resolution No. 03 -346
Motion by Commissioner Bataglia Second by Commissioner Turner
Authorization to Execute Agreement with the City of Rosemount for County Project 42 -87
WHEREAS, County Project (CP) 42 -87 includes the construction of an eastbound right turn lane on County State
Aid Highway (CSAH) 42 at Chippendale Avenue and revisions to the traffic control signal system on CSAH 42 at
Chippendale Avenue in the City of Rosemount; and
WHEREAS, the City of Rosemount is the lead agency for CP 42 -87 and anticipates construction to begin in July
2003; and
WHEREAS, the approved 2003 Capital Improvement Program (CIP) includes funds for CP 42 -87; and
WHEREAS, Dakota County and the City of Rosemount need to enter into an agreement to define project cost
shares and on -going maintenance responsibilities.
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 CP 42 -87 to assure County
standards for engineering, construction, and right -of -way, and to determine project responsibilities, subject to
approval by the County Attorney's Office as to form; and
BE IT FURTHER RESOLVED, That the 2003 Transportation CIP is hereby amended as follows:
Expense
CP 42 -87 $(50,000)
Total Expense (50,000)
Revenue
State Aid 50,000
City of Rosemount, (100,000)
Total Revenue (50,000)
STATE OF MINNESOTA
County of Dakota
I, Mary S. Scheide, Clerk to the Board of the County of Dakota, State
of Minnesota, do hereby certify that I have compared the foregoing
copy of a resolution with the original minutes of the proceedings of the
YES
NO
Board of County Commissioners, Dakota County, Minnesota, at their
Harris
X
Harris
session h eld o n t he 1 5t d ay o f July 2003, now on file in the County
Administration Department, and have found the same to be a true and
Gaylord
X
Gaylord
correct copy thereof. -
Bataglia
X
Bataglia
Witness m y h and a nd o fficial s eal o f D akota C ounty t his 3' d ay o f
Schouweiler
X
Schouweiler
July 2003.
l
Turner
X
Turner
~-' j `{ (" -
Krause
X
Krause
Branning
X
Branning
Clerk to the Board
V,
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. 42 -96
FOR THE
Improvements to the intersection of County State Aid Highway (CSAH) 42 and
Chippendale Avenue to construct right turn lanes and shoulders and the construction of an
east bound right turn lane on CSAH 42 at Canada Avenue, all in Rosemount, Dakota
County.
County Project No. 42 -96
August 8, 2003
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 ", WITNESSETH:
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, County Project 42 -96 includes the necessary revisions to the CSAH 42 and
Chippendale Avenue intersection to construct right turn lanes and shoulders and the
construction of an east bound right turn lane on CSAH 42 at Canada Avenue; and
WHEREAS, the County and the City desire to identify project responsibilities and cost
participation in said engineering, right -of -way acquisition, and construction.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Engineering Engineering costs shall be split based on the County and City share
of the final construction costs.
2. Roadway Construction Items The construction costs of the following items for the
work on CSAH 42 shall be shared in the amount of 55% by the County and 45% by the
City:
a.)
Clearing and grubbing;
b.)
Removal and salvage;
c.)
Grading, Base, and Surfacing;
d.)
Curb and gutter;
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County Project No. 42 -96
August 8, 2003
e.) Medians;
f.) Turf establishment;
g.) Pavement markings and signing;
h.) Mobilization and traffic control;
i.) Sidewalks and bikeways;
j.) Mitigation required by state and federal permits;
k.) Storm sewer and other drainage facilities eligible for County State Aid
funding based on contributing flows;
I.) Replacing and restoring fences, landscaping, and driveways;
m.) Reconstructing or adjusting sanitary sewer, storm sewer and detention
ponds, watermains and appurtenances due to roadway construction;
n.) Relocating or adjusting privately owned utilities when not performed at the
expense of the utility;
o.) Landscape plantings less than five feet tall; and
p.) The County's share of water pollution control best management practices,
based on contributing flows, meeting National Urban Runoff Protection
(NURP) standards.
3. Chippendale Avenue Construction The City shall be responsible for the
construction costs of Chippendale Avenue.
4. City Utilities Except as stated in Sections 1 & 2 of this agreement, the City shall
pay all other costs for new storm sewer, storm water ponding and other drainage facilities,
sanitary sewer and watermains and appurtenances constructed as part of this project and
3
County Project No. 42 -96
August 8, 2003
shall be responsible for their maintenance. The City shall be responsible for the cost and
maintenance of roadway lighting.
5. Plans and Specifications. The City will prepare complete grading, paving, storm
sewer, and other municipal utility plans and specifications consistent with State -Aid design
standards, the Dakota County Transportation Plan, and the City's utility standards and
specifications. The City will award the contract for construction to the lowest responsive
and responsible bidder in accordance with state law.
6. Right -of -Way The City will acquire all right of way for permanent and temporary
highway construction, traffic signal, sidewalk and trail construction, and drainage facilities
for this project in a manner consistent with applicable State laws and rules. The cost of
acquiring highway right of way for CSAH 42 shall be shared in the amount of 55% by the
County and 45% by the City. Upon completion of the project, the ownership of the
permanent highway easements for CSAH 42 shall be transferred to the County by
recordable documents.
7. Payment. The City will act as the paying agent for the costs of engineering, right -
of -way acquisition, and for payments to the contractor. Payments to the contractor will be
made as the project work progresses and when certified for payment by the City Engineer.
The City, in turn, will bill the County for the County's share of the construction as specified
in paragraph 2. Upon presentation of an itemized claim by one agency to the other, the
receiving agency will 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.
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County Project No. 42 -96
August 8, 2003
Payment of any amounts in dispute will be made following good faith negotiation and
documentation of actual costs incurred in carrying out the work.
8. Storm Sewer Maintenance Upon acceptance of the project, the City will be
responsible for storm sewer maintenance.
9. Pavement Maintenance Upon acceptance of the project by the City and County,
the City shall be responsible for all pavement maintenance on Chippendale Avenue and
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
as described in the following Section 10.
10. Subsequent Excavation After completion of the project regarding installation, 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 utilities, the City shall
restore the excavated area and road surface. If the City should employ its own contractor
for the above described water, sewer or other utility repair `or installation, the City shall
hold the County harmless from any and all liability incurred due to the repair or installation
of said water, sewer or other municipal utility. Should the City fail 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.
11, Indemnification During the construction activity, each party agrees to indemnify,
defend and hold the other harmless against any and all claims, liability, loss, damage or
expense arising from actions under this Agreement for which the indemnifying party has
5
County Project No. 42 -96
August 8, 2003
sole responsibility and control. Each party will maintain, and require any contractors or
subcontractors hired to do any portion of the work under this Agreement to also maintain,
Commercial General Liability insurance in amounts consistent with the limitations on
liabilities set forth in Minnesota Statutes 466.04 during the term of this Agreement. Such
insurance policy(ies) shall name Dakota County and the City as Additional Insured.
All parties to this Agreement recognize that liability for claims arising under this Agreement
are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota
Statutes, Chapter 466, and nothing herein shall be deemed a waiver by either party of the
limitations on liabilities set forth therein.
12. Waiver Any and all persons engaged in the 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
out of said employment context 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 opposite situation shall also apply:
the City shall not be responsible under the Worker's Compensation Act for any employees
of the County.
13. Change Orders and Supplemental Agreements Any change orders or
supplemental agreements that affect the County's project cost participation- and changes
to the plans that affect current County Road standards must be approved by the County
prior to execution of work.
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County Project No. 42 -96
August 8, 2003
14. Audit. Pursuant to Minn. Stat. Sec. 16C.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.
15. Integration. 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.
n lcagrnor- , oc
7
County Project No. 42 -96
August 8, 2003
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their
duly authorized officials.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
Public Works Director
APPROVED AS TO FORM:
By
Mayor
City Attorney
(SEAL)
By
City Clerk
Date
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL: By
Physical Development Director
Date
County Engineer
APPROVED AS TO FORM:
County Attorney
COUNTY BOARD RESOLUTION
No. 03 -xxx Date: 8/26/03
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