HomeMy WebLinkAbout6.r. Construction Agreement with Dakota County Highway Department on County Road 46 / Approve Land Right-of-Way Sale, City Project #284 CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: December 7, 1999
AGENDA ITEM: Construction Agreement with Dakota County AGENDA SECTION:
Highway Department on County Road 46/Approve Land/Right- Consent
of-Way Sale — City Project #284
PREPARED BY: Bud Osmundson AGENDA NO:
City Engineer/Public Works Director ' �'�'� ;� � �
�
ATTACHMENTS: Agreement, Estimate, Drawing, APPROVED BY:
Letter from J. Kingrey �
This item is on the agenda for two action items in relation to the County Road 4
project. Staff will provide a verbal update at the Council meeting.
The first requested action item is to approve the attached Agreement for Engineering,
Highway Construction and Right-of-Way Acquisition for this project. Previously we had
approved an Engineering only agreement on July 1 , 1997. The Agreement is a standard
agreement between counties and cities involved in the project. The County needs this
Agreement approved tonight so that it can meet the MNDOT deadline of December 20, 1999
for Federal Aid approval. If all items can be completed by December 20, 1999 this project will
be eligible for an additional 52,000,000 of federal funding. The City's portion of the project
cost has actually decreased for the County Road 46 project due to the realignment of County
Road 46 into Empire Township. Staff will continue to work with MNDOT on lowering the
City's portion of the cost on Highway 3. A large portion of the cost shown on the attached
estimate is for watermain, which should be installed with this project, but can be assessed to
the adjacent benefiting properties. Staff will need to complete a Feasibility Report in the next
two months and Council will have to conduct a public hearing for these proposed
improvements. The Feasibility Report was previously ordered.
The second action item is to approve the property sale to the County Highway
Department for a "nuisance parcel" which was uncovered during the right-of-way investigation
process. The property as shown is actually a drainage and utility easement provided to
MNDOT on land that is located between the pre and post right-of-way for the 1992 Trunk
Highway 3 and railroad trestle reconstruction. The property will be shown on a better map at
the meeting.
Staff recommends the actions as described below.
RECOMMENDED ACTION: MOTION TO APPROVE THE AGREEMENT FOR ENGINEERING,
HIGHWAY CONSTRUCTION AND RIGHT-OF-WAY ACQUISITION FOR CITY PROJECT #284,
DAKOTA COUNTY PROJECT #46-07, STATE PROJECT #19-596-01 AND TO AUTHORIZE
NECESSARY SIGNATURES.
MOTION TO APPROVE THE LAND SALE TO THE DAKOTA COUNTY HIGHWAY
DEPARTMENT AND TO AUTHORIZE NECESSARY SIGNATURES ON THE TITLE WORK.
COUNCIL ACTION:
10
C O U N T Y
v � .
November 24, 1999
Highway Deparcment
� Donald J.Theisen,P.E.
County Engineer Mr. Bud Osmundson, P.E.
City Engineer/Public Works Director
Dakota County City of Rosemount
Western Service Center
14955 Galaxie Avenue 2875 145th St. West
3rd Floor P.O. Box 510
Apple Valley.MN 55124-8579
Rosemount, MN. 55068-0510
612.891.7100
Fax 612.891.7127 Re: CP 46-07, Engineer's Estimate and Agreement
www.co.dakota.mn.us
Dear Bud:
Attached please find a copy of the revised construction agreement. The
foliowing is our estimate of Rosemount's project costs.
CR 46 Construction Costs Local $21,000
CR 46 Construction Costs Fed. Match $70,000
Right of Way $93,000
TH 3 Construction Costs $527,000
Engineering CR 46 (25%) $87,000
Engineering TH 3 (Design Revisions) $15,000
Total Estimate $813,000
These costs are based on the engineer's estimate and appraisals. We
estimated engineering costs at 25% of Rosemount's share of construction
costs (including the Federal match) for CR 46.
Please feel free to call me with any questions that you may have
- regarding the agreement or estimate.
Sincerel ,
Lezlie A. Vermillion
Transportation Engineer
�o •
Printed on reryc'H�aPer
wiN 3096 pcst-c^rs.mc waz:e.
.w FWu G�Ca"�v,^r EPRo'rEa
DAKOTA COUNTY '
DEPARTMENT OF HIGHWAYS
AGREEMENT FOR ENGINEERING, HIGHWAY CONSTRUCTION,
AND RIGHT OF WAY ACQUISITION
BETWEEN
THE COUNTY OF DAKOTA, THE CITY OF APPLE VALLEY,
THE CITY OF LAKEVILLE, AND THE CITY OF ROSEMOUNT
FOR
SP 19-596-01
DAKOTA COUNTY PROJECT NO. 46-07
APPLE VALLEY PROJECT No. 97-531
LAKEVILLE PROJECT No. 97-8
ROSEMOUNT PROJECT No. 284
FOR THE
Construction and widening of 160th Street (proposed County Road 46)
�n the cities of Apple Valley, Lakeville, Rosemount, and Coates,
and in Empire and Vermillion Townships, from 1300 ' east of CSAH 31
(Pilot Knob Road) in the cities of Apple Valley and Lakeville to a
point on County State Aid Highway (CSAH) 48 approximately one mile
east of Trunk Highway 52 in the City of Rosemount and Vermillion
Township, Dakota County.
County Project No. 46-07
December 2, 1999
THIS AGREEMENT, made and entered into by and between the County of
Dakota, hereinafter referred to as "the County" ; the City of Apple
- � Valley, hereinafter referred to as "Apple Valley" , the City of
Lakeville, hereinafter referred to as "Lakeville" , the City of
Rosemount, hereinafter referred to as "Rosemount" ;
WITNESSETH:
WHEREAS, provided certain criteria and deadlines are met, TEA 21
funding has been programmed for the Year 2000 construction of 160th
Street (proposed County Road 46) in the cities of Apple Valley,
Lakeville, Rosemount, and Coates, and in Empire and Vermillion
Townships, from 1300 ' east of CSAH 31 (Pilot Knob Road) in the
cities of Apple Valley and Lakeville to a point on County State Aid
Highway (CSAH) 48 approximately one mile east of Trunk Highway 52
in the City of Rosemount and Vermillion Township; and
WHEREAS, Dakota County and the cities of Apple Valley, Lakeville,
and Rosemount have . included this project in their Capital
Improvement Programs to fund the remainder of the cost after use of
the TEA 21 funds; and
WHEREAS, the CR 46 alignment was moved to the south at Apple
Valley' s request and they agree to fund 50% of the city eligible
costs for CP 46-07 which includes from approximately 1300 ' east of
CSAH 31 to the east city limits; and
WHEREAS, the CR 46 alignment was moved to the south in Rosemount at
2
County Project No. 46-07
December 2 , 1999
the City' s request and they agree to fund 500 of the City eligible
costs from the west city limits to Chippendale Ave . ; and
WHEREAS, CP 46-07 initially included construction of CR 46 from
1300 ' west of CSAH 31 to 1300 ' east of CSAH 31 and this segment of
the project was removed from CP 46-07 and renamed CP 46-14 due to
design issues at the CSAH 31 and CR 46 intersection; and
WHEREAS, TEA 21 funds in the amount of $750, 000 have been reserved
from CP 46-07 and allocated to CP 46-14 by the Metro District State
Aid Engineer; and
WHEREAS, the CR 46 alignment was moved to the south at Apple
Valley' s request and Apple Valley agrees that when CP 46-14 is
constructed they shall fund 50a of the City eligible costs; and
WHEREAS, the County has designated 160`h Street as a County State
Aid Highway and Apple Valley, Rosemount, Lakeville and Coates have
concurred with this designation; and
WHEREAS, the County will assume jurisdiction and maintenance of
160`h Street (Proposed CR 46) upon award of the construction
contract for CP 46-07 .
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, it is agreed that the County, Apple Valley,
Lakeville, and Rosemount will jointly participate in the costs of
3
County Project No. 46-07
December 2 , 1999
said roadway construction, engineering, and right of way
acquisition as hereinafter set forth:
l . EnqineerinQ. Costs shall be split based on the County' s,
Apple Valley' s, Rosemount ' s and Lakeville ' s share of the final
construction costs .
The County will enter into an agreement with Mn/DOT to perform
construction engineering for roadway and storm sewer items .
Construction engineering for new sanitary sewer, water main
and services, lighting and other municipal facilities will be the
responsibility of Apple Valley, Rosemount, and Lakeville within
their respective City. Upon request by the County, Apple Valley,
Rosemount and Lakeville will be responsible for timely inspection
of all underground municipal utilities to facilitate mutual
acceptance of the completed project by the County, Apple Valley,
Rosemount and Lakeville .
2 . Roadway Construction Items . Construction costs of the
following items shall be shared as follows : construction costs
between approximately 1300 ' east of CSAH 31 and the east city
limits of Apple Valley and Lakeville shall be shared in the amount
of 55% by the County, 22 . 5% by Apple Valley and 22 . 5% by Lakeville .
Construction costs between the West City limits of Rosemount and
Chippendale Ave . shall be shared in the amount of 77 . 5% by the
County and 22 . 5% by Rosemount .
a. ) Clearing and Grubbing;
b. ) Removal and Salvage;
4
County Project No. 46-07
December 2 , 1999
c. ) Grading, Base, and Surfacing; `
d. ) Curb and Gutter;
e. ) Medians;
f . ) Shouldering;
g. ) Retaining Walls;
h. ) Turf Establishment;
i . ) Pavement markings and signing;
j . ) Mobilization, field office and laboratory, and
traffic control;
k. ) Sidewalks and bikeways;
1 . ) Mitigation required by state and federal permits;
m. ) The County' s state aid eligible share of storm sewer and
other drainage facilities using State Aid sharing factors
based on contributing flows;
n. ) Replacing and restoring fences, landscaping, and
driveways;
o. ) Centerline drainage culverts and bridges;
p. ) Reconstructing or adjusting sanitary sewer, storm sewer
and detention ponds, watermains and appurtenances due to
roadway construction;
q. ) Relocating or adjusting privately owned utilities when
not performed at the expense of the utility;
r. ) Landscape plantings less than five feet tall; and
s . ) The County' s state aid eligible share of water
pollution control best management practices based on
contributing flows, meeting National Urban Runoff
_ Protection (NURP) standards
5
County Project No. 46-07
December 2, 1999
3 . City Utilities . Except as stated in Sections 1 & 2 of
this agreement Apple Valley, Rosemount, and Lakeville shall pay all
other costs for new storm sewer, storm water ponding and other
drainage facilities, NURP facilities, sanitary sewer, and
watermains and appurtenances constructed as part of this project
attributed to each respective City. Apple Valley, Rosemount, and
Lakeville shall be responsible for sanitary sewer and water system
maintenance, and the construction cost and maintenance of roadway
lighting.
4 . Bike Trails . The bike trails shall be maintained in
accordance with the Maintenance Agreement for County Bikeway Trails
between the County and Apple Valley dated March 30, 1995; the
County and Rosemount dated July 19, 1994 ; the County and Lakeville
dated July 6, 1994 . Apple Valley shall maintain the bike trail
north of the centerline of 160`h Street (Proposed CR 46) from
approximately 1300 ' east of CSAH 31 to the east city limits .
Rosemount shall maintain the bike trail north of the centerline of
160th Street (Proposed CR 46) from the west city limits to Biscayne
Ave . Lakeville shall maintain the bike trail south of the
centerline of 160`h Street (Proposed CR 46) from approximately
1300 ' east of CSAH 31 to the east city limits .
5 . Riqht-of-Wav. The County will acquire all required right
of way for permanent and temporary highway, sidewalk, and trail
construction; wetland damage mitigation and banking, and water
pollution control best management practices for this project .
6
County Project No. 46-07
December 2 , 1999
Right of way costs between approximately 1300 ' east of CSAH 31 and
the east city limits of Apple Valley and Lakeville shall be shared
in the amount of 55o by the County, 22 . 5o by Apple Valley and 22 . 50
by Lakeville . Right of Way costs between the West City limits of
Rosemount and Chippendale Ave . shall be shared in the amount of
77 . 5% by the County and 22 . 5o by Rosemount .
The County shall pay 55% of the eligible cost of obtaining
easements for NURP ponds and basins based on the County' s share of
the contributing flow. Apple Valley, Rosemount and Lakeville shall
pay the remaining costs attributed to the contributing flow of each
respective City. Upon completion of the project, the ownership of
the drainage and ponding easements located in Apple Valley,
Rosemount, or Lakeville shall be transferred to the respective
City.
Right of way acquisition and costs for new sanitary sewer and
water mains and appurtenances shall be the responsibility of Apple
Valley, Rosemount, and Lakeville in their respective City.
6 . Plans and Specifications . Apple Valley, Rosemount, and
Lakeville will provide the County with the necessary storm sewer
and other municipal underground utility specifications . Apple
Valley, Rosemount, and Lakeville approval of the plans and
specifications is necessary prior to advertising for bids .
7 . Jurisdiction. The County will assume jurisdiction and
maintenance of 160`h Street (Proposed CR 46) upon award of the
construction contract for CP 46-07 .
8 . Payment . The County will act as the paying agent for
7
County Project No. 46-07
December 2, 1999
costs of acquiring new highway right of way, ponding easements and
for all payments to the Contractor. Payments to the Contractor
will be made as the Project work progresses and when certified by
the County Engineer. 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.
9 . Storm Sewer Maintenance . Upon acceptance of the project,
Apple Valley, Rosemount, Lakeville and the County shall be
responsible for storm sewer maintenance in accordance with the
Dakota County Transportation Plan Policies . Apple Valley shall
maintain the storm sewer north of the centerline of 160`h Street
(Proposed CR 46) from approximately 1300 ' east of CSAH 31 to the
east city limits . Rosemount shall maintain the storm sewer north
of the centerline of 160th Street (Proposed CR 46) from the west
city limits to Chippendale Ave. Lakeville shall maintain the storm
sewer south of the centerline of 160`h Street (Proposed CR 46) from
approximately 1300 ' east of CSAH 31 to the east city limits.
Dakota County shall maintain the storm sewer south of the
centerline of 160th Street (Proposed CR 46) from Rosemount ' s west
city limits to Chippendale Ave. and on 160th Street (proposed CR
46) from Chippendale to the east .
10 . Pavement Maintenance. Upon acceptance of the project by
8
County Project No. 46-07
December 2 , 1999
Apple Valley, Rosemount, Lakeville and the 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 as described in the following
Section 11 .
11 . Subsequent Excavation. After expiration of the warranty
period regarding repair, and after completion of the project
regarding installation, if excavation within the highway
improvements is necessary to repair or install water, sewer, or
other city utilities, Apple Valley, Rosemount, or Lakeville shall
restore the excavated area and road surface within their respective
City. If Apple Valley, Rosemount, or Lakeville employs its own
contractor for the above described water, sewer or other utility
repair or installation, Apple Valley, Rosemount, and Lakeville
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. If Apple Valley, Rosemount, or Lakeville fails
to have the highway properly restored, the County Engineer may have
the work done and Apple Valley, Rosemount, or Lakeville shall pay
for the work within 30 days following receipt of a written claim by
the County.
12 . Rules and Regulations . The County, Apple Valley,
Rosemount, and Lakeville shall abide by Minnesota Department of
Transportation, State Aid Rules .
13 . Traffic Control . This project will require both partial
and total road closures with detours; however, the County will keep
9
County Project No. 46-07
December 2 , 1999
the road open for access in at least one direction at all times to
local traffic and emergency vehicles . The County will notify Apple
� Valley, Rosemount, and Lakeville at least two working days prior to
a scheduled complete road closure.
14 . Indemnification. The County agrees to defend, indemnify,
and hold harmless Apple Valley, Rosemount, and Lakeville against
any and all claims, liability, loss, damage, or expense arising
under the provisions of this Agreement and caused by or resulting
from the negligent act or omissions of the County and/or those of
its employees or agents . Apple Valley, Rosemount, and Lakeville
each 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
resulting from the negligent act or omissions of Apple Valley,
Rosemount, and Lakeville and/or those of its 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 .
15 . Waiver. Any and all persons engaged in the aforesaid
work to be performed by the County shall not be considered
employees of Apple Valley, Rosemount, or Lakeville 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
10
County Project No. 46-07
December 2, 1999
County employees while so engaged on any of the work contemplated
herein shall not be the obligation or responsibility of Apple
Valley, Rosemount, or Lakeville .
N:\AGRMENT\4607agr
11
County Project No . 46-07
December 2 , 1999
IN WITNESS THEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized officials .
CITY OF APPLE VALLEY
RECOMMENDED FOR APPROVAL:
By
Public Works Director Mayor
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Clerk
Date
--------------------------
CITY OF LAKEVILLE
RECOMMENDED FOR APPROVAL:
By
City Engineer Mayor
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Clerk
Date
12
County Project No. 46-07
December 2 , 1999
CITY OF ROSEMOUNT �
RECOMMENDED FOR APPROVAL:
By
Public Works Director Mayor
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Clerk
Date
--------------------------
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL: Physical Development Director
By
County Engineer Date
APPROVED AS TO FORM: APPROVED AS TO EXECUTION:
County Attorney County Attorney
COUNTY BOARD RESOLUTION No. Date
13
• .
C O U N T Y
v �
Highway Department
County Project 46-07
� Donala J.Theisen,PE. Parcel6 (258)
County Engineer
�akota co��ry October 25, 1999
Western Service Center
14955 Galaxie Avenue
3rd Floor
Appie Valley,MN 55124-8579 City of Rosemount
612.89I.7100 2875 — 145�' Street West
F�6i2.s9i.�i2� Rosemount,MN 55068-4997
www.co.dakota.mn.us
Dear Lan wner: ��"�'
�
This is a note to inform you that the County intends to purchase your full
ownership interest(rather than an easement)in the above referenced parcel(s).
We have not attached documents of conveyance. When we reach the purchase
settlement we will prepare the required documents.
Please contact me when you wish to accept our offer or if you require further
information.
Thanks again.
Sincerely,
� ' �
.�
Jerry ngrey
� Right of ay 1Vlana r
N:L/PurchaseOwnershipInterest
�
t� -
Prr.ted an rKycled papM
w:h 3G%post<onwmc was'.e. . .
ur ECw�OP?OMTI.wiY Er'ROr5l
• '
County Project No. 46-0� ',
Parcel No(s). 6 (25s)
STATEMENT OF COMPENSATION .
Landowner:
Your offer of compensation is computed from the following:
Permanent Easement i3,5s� s.f./acres = $ 999.00
improvements n/a - $ -
Remainder
severance damages n/a s.fJacres = $ -
temporary easement 39�435 s.f./acres = $ 1.o0
improvements n/a = $ -
TOTAL = $ 1,000.00 (nuisance value)
Above is the breakdown of the offer of compensation that you have received by
attached letter.
Thank you for your cooperation.
N:StmtComp
,� .
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Rosemount Town Pages .
AI+'FIDAVI7C OF PUBLICATION
Todd Heil:kila, being duly sworn, on oafl� says that he is an authorized
agenC and employee of the publisl�er of die newspaper, known as The
CI'fY OF ROSEMOUNT�.
Rosemount Towrz Pages, and htis full knowled�e of the facts wl�ich are NOTICE OF PUBLIC HEARING
S�[e(]belOW: INCREASE OF LIQUOR LICElVSE FEES .
(A) The newspaper l�as complied wifli all of the requirements consti[uting NOTICE IS AEREBY GIVEN that the City Council oc
qualification as a legal newspaper, as provided by Minnesota Sta[ues �� c�ry ar R�n»o�,�, Minnesota will hoid g public.
hearing on Tuaday,December 7.1999,az 8:00 p.m a as
331A.02, 331A.07 and other ap icable laws,as amended. S�n�n««ntt�v�s;b��,��u,�c�w���cn��ofm�
'' Ciry Hall,2875—14S°Street West,to consida increasing
(B)The printed � certain licrose fecs to the amounts listed below:
�.
�Q1�(�x' l,� ���� ���� On-Sale Intoxicating Liquor Litense fees—Class A at
S4.S00,Clazs B az 53,000
On-Sale Wine License fee az 5550 �
On-Sale 3.2%Mal[Liquor License az 5250
which is attached, was cut from t�e columns of said newspaper, and was Off-Sale 3.2%Mal[Liquor License az S50
Temporary Intozicating Liquor License Fee az S50/day.
printed and published once each week for �Y�C�_ successive
weeks; it was first ublished on Friday, the _�;�Q_ day Of P�O^swishingtospeakonthisissueareinvitedtoanrnd
A.�,,,, and be heard az th�s schedu�ed public hearing. Fortnal
�vi�lX�C1(��.r, 19 and was thereafter printed and published on writtrn commrnts will also be accepted.Pleue fmward all
writtrn commrnts and/or inquiries to ihe City Clerk or tall
every Friday, to and includin� Friday, tl�e _______day of 6si-3n-zooz.
, 19_ ; and prin[cd below is a copy of �he Datedthisl8°dayofOcroberl999.
lower case alphabel from A to 7, both inclusive, whicl� is hcrcby
�cknowledged as bcing Uic sire �uid kind ot'lype used iu U�c composiliou cryo R���c�tyci�
�lll(1 PUbI1C$L1011 Ol Q1C I1011CC: Dakota Counry,Minnaota
une
ab��.dcfglujl•hnnopqrswvwsyz + •
By�/G���,�On �1�,
�
Su scribed and sworn lo before me on this��day
of��� ,
19�_.
otary ublic
AFFIDAVTT
_ t
ELIZABETH A. RAVELING i '
NO7ApY PUBLICr-M�NNESOTA ;
�! MY COMMISSION EXPIRH3 1�31-2000
.,,�-�.�.>..�...o�.w�+.�" .
�
C 1 TY O F RO S E M O U N T 2875 C145tHS eet West
-- � ' Rosemount,MN
1
f� Everything's Coming Up Rosemount!! 55068•4997
Phone:65l•423-4411
Hearing Impaired 651-423-6219
`""` fax:651-423-5Z03
CITY OF ROSEMOUNT
NOTICE OF PUBLIC HEARING
INCREASE OF LIQUOR LICENSE FEES
NOTICE IS HEREBY GIVEN that the City Council of the City of Rosemount, Minnesota will
hold a public hearing on Tuesday, December 7, 1999, at 8:00 p.m. or as soon thereafter as
possible, in the Council Chambers of the City Hall, 2875— 145`h Street West, to consider
increasing certain license fees to the amounts listed below:
On-Sale Intoxicating Liquor License fees—Class A at $4,500, Class B at $3,000
On-Sale Wine License fee at$550
On-Sale 3.2%Malt Liquor License at $250
Off-Sale 3.2%Malt Liquor License at $50
Temporary Intoxicating Liquor License Fee at $50/day.
Persons wishing to speak on this issue are invited to attend and be heard at this scheduled public
hearing. Formal written comments will also be accepted. Please forward all written comments
and/or inquiries to the City Clerk or ca11651-322-2002.
Dated this 18th day of October 1999.
/ /
Sus n M. Wal , City Clerk
City of Ros ount
Dakota County, Minnesota