The URL can be used to link to this page

Home My WebLink About6.j. Approval of County Road 33/Diamond Path Construction Agreement, City Project #307 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: February 2, 1999 AGENDA ITEM: Approval of County Road 33/Diamond Path AGENDA SECTION: Construction Agreement (City Project #307) Consent PREPARED BY: Bud Osmundson AGEND�� , S � City Engineer/Public Works Director ATTACHMENTS: Agreement APPROVED BY: Attached is a copy of the Agreement for Highway Construction for the proposed County Road 33 between CSAH 42 and 160th Street. This project is a joint project between Dakota County, and the Cities of Apple Valley and Rosemount. The Agreement is a standard agreement between the Cities and the County and outlines the cost splits for the project. The most recent estimated project cost is approximately 52.1 million dollars with the City of Rosemount's share being approximately 5400,000. This falls well into our preliminary estimates for CIP funding. The City Attorney has reviewed this Agreement. Staff recommends the approval of this Agreement. RECOMMENDED ACTION: MOTION TO APPROVE THE AGREEMENT FOR HIGHWAY CONSTRUCTION FOR DAKOTA COUNTY PROJECT NO. 33-04, CITY OF ROSEMOUNT PROJECT #307 AND TO AUTHORIZE THE NECESSARY SIGNATURES. COUNCIL ACTION: 7 DAKOTA COUNTY DEPARTMENT OF HIGHWAYS AGREEMENT FOR HIGHWAY CONSTRUCTION AMONG THE COUNTY OF DAROTA AND THE CITY OF APPLE VALLEY �TD THE CITY OF ROSEMOUNT FOR DAKOTA COUNTY PROJECT NO. 33-04 APPLE VALLEY PROJECT NO. SAP ? ROSEMOUNT PROJECT NO. 307 TO Design and Construct County Road (CR) 33 (Diamond Path) along the common border between Apple Valley and Rosemount from 160`h Street (proposed County State Aid Highway (CSAH) 46) through the intersection of CSAH 42 and relocate the Dodd Boulevard intersection with CSAH 42 in accordance with the plans and County Project No. 33-04 January 14, 1999 specifications for the above referenced project locate� in �Apple Valley and Rosemount, Dakota County. 2 County Project No. 33-04 January 14, 1999 THIS AGREEMENT, made and entered into by and among the Co�nty of Dakota, hereinafter referred to as "the County" ; the City of Apple Valley, hereinafter referred to as "Apple Valley" , and the City of Rosemount, hereinafter referred to as " Rosemount" ; WITNESSETH: WHEREAS, it is considered mutually desirable to extend and construct CR 33 (Diamond Path) along the common border between Apple Valley and Rosemount from 160`h Street (proposed County State Aid Highway (CSAH) 46) through the intersection of CSAH 42 and relocate the the Dodd Boulevard intersection with CSAH 42 in accordance with the Capital Improvement Programs for the County, Apple Valley, and Rosemount; and WHEREAS, the County, Apple Valley, and Rosemount will jointly participate in the costs of said roadway construction, engineering, and right of way acquisition as hereinafter set forth. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1 . Engineerinct. Engineering costs shall be split based on the County' s and each city' s share of the final construction costs . Apple Valley will perform all preliminary and construction engineering for the project . 3 County Project No. 33-04 January 14, 1999 2 . Roadway Construction Items . The cost of constructing the following items for the extension of Diamond Path shall be shared in the amount of 55% by the County, 22 . 5o by Apple Valley, and 22 .5% by Rosemount . The cost of constructing the following items for the relocation of the Dodd Boulevard intersection with CSAH 42 shall be shared in the amount of 55o by the County and 45% by Apple Valley: a. ) Clearing and grubbing; b. ) Removal and salvage; 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 for damages occurring within Apple Valley and Rosemount; 4 County Project No. 33-04 January 14, 1999 m. ) The County' s 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 share of water pollution control best management practices, based on contributing flows, meeting National Urban Runoff Protection (NURP) standards . 3 . Citv Utilities. Except as stated in Sections 1 & 2. of this agreement each city shall pay its share of the remaining cost of new storm sewer, storm water ponding and other drainage facilities, and NURP facilities not directly related to the extension of Diamond Path south of CSAH 42 and the relocation of the Dodd Boulevard intersection with CSAH 42 . Each city shall be responsible for its cost of new sanitary sewer and watermains and 5 County Project No. 33-04 January 14, 1999 appurtenances constructed as part of this project and shall be responsible for the respective maintenance . Each city shall be responsible for the cost and maintenance of its roadway lighting. 4 . Bike Trails. Apple Valley shall be responsible for the maintenance of sidewalks and bike trails in accordance with the Maintenance Agreement for County Bikeway Trails between the County and Apple Valley dated March 30, 1995 . Rosemount shall be " responsible for the maintenance of sidewalks and bike trails in accordance with the Maintenance Agreement for County Bikeway Trails between the County and Rosemount dated July 19, 1994 . 5 . Riqht-of-Wav. Apple Valley 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 . The County shall be responsible for 55% of the cost of acquiring right of way for mitigation of wetland damages . The remaining 450 of the cost for mitigation of wetland damages shall be divided between Apple Valley and Rosemount based on the wetland damage occurring in each city. The County shall be responsible for 55% of the eligible cost of obtaining easements for NURP ponds and basins based on the County' s share of the contributing flow. The remaining cost of 6 County Project No. 33-04 January 14 , 1999 right of way for NURP ponds shall be divided between Agple Valley and Rosemount based on the contributing f low from each city. Upon completion of the project, the ownership of the drainage and ponding easements shall be transferred to the respective city where each easement is located. Right of way acquisition and costs for new sanitary sewer and water mains and appurtenances shall be the responsibility of the respective city. � 6 . Plans and Specifications . Apple Valley will prepare complete plans, specifications, and the engineer' s estimate consistent with State-Aid design standards, the Dakota County Transportation Plan, and each city' s utility standards and specifications. Approval of the plans and specifications by Rosemount and the County is necessary prior to advertising for bids . 7 . Payment . Apple Valley will act as the paying agent for acquiring new highway right of way and 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 Apple Valley. Upon presentation of an itemized claim by Apple Valley to Rosemount or the County, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days from the 7 County Project No. 33-04 January 14 , 1999 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. 8 . Storm Sewer Maintenance. Upon acceptance of the project each city and the County shall be responsible for storm sewer maintenance in accordance with the Dakota County Transportation Plan Policies . 9 . Pavement Maintenance. Upon acceptance of the project, 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 . Subseauent 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 utilities, the respective 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 8 County Project No. 33-04 January 14, 1999 installation of said water, sewer or other municipal utility. Should a 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 . Rules and Reaulations . The County, Apple Valley, and Rosemount shall abide by Minnesota Department of Transportation, State Aid Rules. 12 . Traffic Control . This project will require both partial and total road closures with detours; however, Apple Valley will keep the road open for access in at least one direction at all times to local traffic and emergency vehicles . Apple Valley will notify the County and Rosemount at least two working days prior to a scheduled complete road closure. 13 . Indemnification. Each agency agrees to defend, indemnify, and hold harmless the other agencies in this agreement 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 that agency and/or those of its employees or agents . Al1 parties to this agreement recognize that liability for any claims arising under this agreement are subject to the 9 County Project No. 33-04 January 14, 1999 provisions of the Minnesota Municipal Tort Claims Law; .Minnesota Statutes, Chapter 466 . . 14 . Waiver. Any and all persons engaged in the aforesaid work to be performed by one agency shall not be considered employees of another agency in this agreement for any purpose, including Worker' s Compensation, 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 another agency in this agreement. N:3304AGR 10 County Project No. 33-04 January 14, 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 ROSEMOUNT RECOMMENDED FOR APPROVAL: By Public Works Director Mayor APPROVED AS TO FORM: (SEAL) By City Attorney City Clerk Date 11 County Project No. 33-04 January 14, 1999 DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By . County Engineer Physical Development Director Date APPROVED AS TO FORM: County Attorney COUNTY BOARD RESOLUTION No. Date APPROVED AS TO EXECUTION: County Attorney 12