HomeMy WebLinkAbout6.m. Joint Powers Agreement – CSAH 33 (Diamond Path) Connemara Trail140th St Roundabout, CP 2020-07\\rsm-file\Common\City Clerk\Agenda Items\Approved Items\6.m. Joint Powers Agreement – CSAH 33 (Diamond Path) Connemara Trail140th St Roundabout, CP 2020-
07.docx
EXECUTIVE SUMMARY
City Council Regular Meeting: February 21, 2023
AGENDA ITEM: Joint Powers Agreement – CSAH 33
(Diamond Path)/Connemara Trail/140th
Street Roundabout, City Project 2020-07
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, City Engineer AGENDA NO. 6.m.
ATTACHMENTS: Joint Powers Agreement between
Dakota County and the Cities of
Rosemount and Apple Valley, No Parking
Zone Resolution, Map
APPROVED BY: LJM
RECOMMENDED ACTION: City Council Approves the following:
1. A Motion authorizing the execution of a Joint Powers Agreement between Dakota
County and the Cities of Rosemount and Apple Valley to complete engineering right-
of-way acquisition and construction of a roundabout and related pavement
maintenance.
2. A Resolution Restricting Parking on the east side of Diamond Path from 150th St to
650 feet north of Connemara Trail.
BACKGROUND
Attached for City Council review and approval is a Joint Powers Agreement (JPA) for completing
engineering, right-of-way acquisition, and construction of a roundabout and related pavement
maintenance on County State Aid Highway (CSAH) 33/Diamond Path between CSAH 42/150th Street
and Connemara Trail. Additionally, the city establishes a no parking zone on the east side of Diamond
Path between 150th Street and 650 feet north of Connemara Trail.
Dakota County in conjunction with the Cities of Rosemount and Apple Valley has been working toward
improvement at the intersection of Connemara Trail/140th Street and Diamond Path. Preliminary
engineering showed that the construction of a single lane roundabout at this location would accommodate
existing and future traffic loading, while significantly improving safety.
The proposed scope of work has increased from constructing the roundabout to include a mill and overlay
on Diamond Path from 150th Street to north of the Connemara Trail intersection and restriping Diamond
Path to establish left turn lanes. There will also be some minor improvements for Rosemount at Upper
148th Street to improve the stormwater management. Finally, installation of a rectangular rapid flashing
beacon (RRFB) will occur at 145th Street to improve pedestrian safety.
The costs for this project are shared between Dakota County and the Cities of Rosemount and Apple
Valley. The table below clarifies the relative cost shares for each work item as well as the estimated total
project cost. This project is eligible for Municipal State Aid funding.
2
Currently, the County has nearly completed the design and anticipates bidding for construction this year.
During construction, only local traffic will be allowed, and the intersection will be closed to traffic. The
detour is 150th Street and Pilot Knob Road.
The City Attorney has reviewed the document and the suggested changes have been incorporated into the
Joint Powers Agreement.
The second action requested of Council is establishing a no parking zone on the east side of Diamond
Path from 150th Street to 650’ north of Connemara Trail. Because of the restriping to establish a three-
lane section there is insufficient room along the shoulder for parking. Dakota County will install the
required signage as part of this restriction.
RECOMMENDATION
Staff recommends City Council approval of the Joint Powers Agreement and authorization to execute it.
Staff also recommends that City Council approve the resolution restricting parking along Diamond Path.
Work Item Rosemount Apple Valley Dakota County
Roundabout 22.5%22.5%55.0%
Diamond Path M&O 0.0%0.0%100.0%
Diamond Path Turn Lanes 15.0%15.0%85.0%
Diamond Path RRFB 0.0%0.0%100.0%
Upper 148th Street Storm 100.0%0.0%0.0%
Work Phase Rosemount Apple Valley Dakota County
Design 112,307.06$ 112,307.06$ 274,528.38$
Right-of-Way 53,818.37$ 53,818.37$ 131,556.01$
Construction 579,811.94$ 567,786.48$ 1,600,981.57$
Individual Totals 745,937.37$ 733,911.91$ 2,007,065.96$
GRAND TOTAL 3,486,915.24$
Diamond Path Roundabout 2020-07
Cost Share Percentages
Total Project Cost
Dakota County Contract Nos.
C0032443 Apple Valley
C0032444 Rosemount
JOINT POWERS AGREEMENT FOR
PRELIMINARY & FINAL DESIGN ENGINEERING, RIGHT OF WAY
ACQUISITION, HIGHWAY CONSTRUCTION, AND MAINTENANCE
BETWEEN
THE COUNTY OF DAKOTA,
THE CITY OF APPLE VALLEY
AND
THE CITY OF ROSEMOUNT
FOR
COUNTY PROJECT NO. 33-15
CITY OF APPLE VALLEY PROJECT NO. 2020-108
CITY OF ROSEMOUNT PROJECT NO. 2020-07
SYNOPSIS: Dakota County and the Cities of Apple Valley and Rosemount agree to complete
preliminary and final engineering, and right-of-way acquisition, for construction of a roundabout
at County Road 33 (CR 33 or Diamond Path) and 140th Street/Connemara Trail, pavement
preservation on CSAH 33 from CSAH 42 (150th Street) to 140th Street/Connemara Trail, and
conversion to a 3-lane roadway along both CSAH 33 from CSAH 42 (150th Street) to 140th
Street/Connemara Trail and 140th Street from CSAH 31 (Pilot Knob Road) to CSAH 33
(Diamond Path)
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 2
THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to
in this Agreement as the "County", and the Cities of Apple Valley and Rosemount, referred to in
this Agreement as the "Cities", and witnesses the following:
WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 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 complete the preliminary and final engineering
design, right of way acquisition, and construction of traffic control improvements (roundabout) at
the intersection of CSAH 33 (Diamond Path) and 140th Street/Connemara Trail. A roundabout
is proposed at this location to replace an all-way-stop-controlled intersection; and
WHEREAS, other design and construction elements included in this agreement in addition to
the roundabout, include: (1) the restriping of 140th Street from CSAH 31 (Pilot Knob Road) to
CSAH 33 (Diamond Path) in Apple Valley; (2) pavement replacement and restriping of CSAH 33
(Diamond Path) from 140th Street/Connemara Trail to CSAH 42 (150th Street); and (3)
pedestrian crossing improvements (the “Project”); and
WHEREAS, to provide a safe and efficient transportation system, the County and the Cities are
coordinating County Project No. 33-15; City Project Nos. 2020-108 (Apple Valley), and 2020-07
(Rosemount); and
WHEREAS, the County and Cities have included portions of the Project in their respective
Capital Improvement Programs and will participate in the costs of engineering design, right of
way acquisition, construction, and maintenance; and
NOW, THEREFORE, it is agreed the County and Cities will share responsibilities and
participate in the Project as described in the following sections:
1. Administration. The County is the lead agency for the feasibility study, preliminary and
final design, right of way acquisition, and construction administration and inspection of
the Project. Subject to the requirements below, the County and Cities shall each retain
final decision-making authority within their respective jurisdictions.
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 3
2. Feasibility Study and Cost Shares. “Feasibility Study” shall be defined as the initial study
to confirm the need for the proposed roundabout, to establish the proposed design
elements functionally and conceptually (including coordination with MnDOT State Aid),
and to inform community stakeholders of the decision-making process,
recommendations, and next steps. The County shall be responsible for 55% of the cost
of the Feasibility Study and each City shall be responsible for 22.5% of the cost of the
Feasibility Study.
3. Preliminary and Final Design Engineering. “Preliminary and final design engineering”
shall be defined as engineering work completed through final approved plans and
specifications, which includes, but is not limited to:
• Surveying and mapping;
• Engineering studies and reports;
• Public involvement process;
• Agency involvement;
• Environmental reports;
• Consultant engineering;
• Traffic evaluation of various alternatives;
• Preliminary layouts (including Level 1 Layout as required by MnDOT);
• Final plan development including 30%, 60%, 90% and final plans;
• Conceptual, preliminary, and final design engineering of project storm water
design features; and
• County and City staff time for the aforementioned items
The Preliminary and final design engineering costs shall be as paid as described section
5.
4. Construction Items. Construction cost includes all highway and roadway construction
items; County and City furnished materials, mitigation required by state and federal
permits including accessibility requirements; storm sewer and other drainage facilities
eligible for County/City State Aid funding based on contributing flows; replacement or
restoration of fences, landscaping and driveways affected by construction; replacement
or adjustment of sanitary sewer, water and storm sewer systems, if required due to
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 4
construction; relocating or adjusting privately owned utilities when not performed at the
expense of the utility; water pollution best management practices, based on contributing
flows from the County right of way, meeting National Urban Runoff Protection (NURP)
standards; installation of roundabout and design elements integral to the safe design
and operation of the roundabouts; mitigation required for access modifications, if
needed; roundabout intersection lighting; and all other construction aspects outlined in
the Project. Construction costs shall be paid as described in Section 5.
5. Cost Share: The County and Cities shall apportion the Preliminary and final design
engineering and construction costs for the Project (Project Cost) as follows:
• CSAH 33 and 140th Street/Connemara Trail Roundabout and associated street
lighting
i. The County shall be responsible for 55% of all the Project Cost
ii. The City of Apple Valley shall be responsible for 22.5% of the Project
Cost
iii. The City of Rosemount shall be responsible for 22.5% of the Project Cost
• CSAH 33 from CSAH 42 to 140th Street/Connemara Trail
i. The County shall be responsible for 100% of the Project Cost related to
pavement preservation work and pedestrian crossing enhancements
including street lighting. The County shall be responsible for 85% of the
Project Cost related to installation of right turn lanes along this segment of
CSAH 33.
ii. The City of Apple Valley shall be responsible for 15% of the Project Cost
related to installation of right turn lanes along this segment of CSAH 33
within the City limits.
iii. The City of Rosemount shall be responsible for 15% of the Project Cost
related to installation of right turn lanes along this segment of CSAH 33
within the City limits.
iv. The City of Apple Valley shall be responsible for 100% of the Project Cost
related to street lighting upgrades along CSAH 33 within in the City of
Apple Valley.
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 5
• 140th Street from CSAH 31 to CSAH 33
i. The City of Apple Valley shall be responsible for 100% of all Project Costs
along 140th Street. The portion of 140th Street that is included within the
roundabout shall be split according to Section 5, CSAH 33/ 140th
Street/Connemara Trail Roundabout and associated street lighting.
6. Aesthetic Elements. Aesthetic elements for the Project consist of decorative pavements,
trail lighting, undergrounding of private utilities, landscaping and plantings. The County
will participate up to 50 percent (50%) of the cost of aesthetic elements up to a
maximum amount of three percent (3%) of the County’s share (prior to application of
Federal funding) of highway construction costs. Highway construction costs exclude
costs for items such as right of way, storm sewer and ponding. Each City shall be
responsible for 25 percent (25%) of the costs of all aesthetic elements at the roundabout
at CSAH 33 and 140th Street/ Connemara Trail and 50 percent (50%) of the costs of all
aesthetic elements for elements not related to the roundabout at CSAH 33 and 140th
Street/Connemara Trail. Each City is responsible for a100 percent (100%) of their
respective costs that exceed the County’s maximum participation for aesthetic elements.
The responsibility for maintenance of all aesthetic elements shall be in accordance with
County policies included in the current adopted Dakota County Transportation Plan.
7. Right-of-Way Acquisition. The County will undertake all actions necessary to acquire all
permanent and temporary road right-of-way, all right of way for trails, wetland damage
mitigation and banking, drainage and ponds, and water pollution control best
management practices necessary for the Project. The Cities shall convey to the County,
at no cost, effective on the title and possession date of the Project, all necessary public
easements and rights of way necessary for project purposes, on all adjacent City-
controlled or dedicated real property for Project purposes including the right to grade
within drainage and utility easements as necessary. Upon completion of the Project, the
ownership of the drainage, utility, and ponding easements and permanent right of way
for City streets shall be owned by the respective City in which the easements are
located. Any right of way costs for new sanitary sewer, water mains, and appurtenances,
and aesthetic elements outside of the right of way needed for the highway improvements
shall be the responsibility of the respective City in which the improvement is located..
The County shall pay 55% of the cost for acquiring right of way for the proposed
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 6
roundabout at CSAH 33 and 140th Street/Connemara Trail and each City shall pay
22.5% of the cost.
8. Plans and Specifications. The County shall prepare the plans and technical
specifications for the Project. The Cities shall approve the plans and specifications prior
to the County advertising for bids. The County Board will award the contract for
construction of the Project to the lowest responsive and responsible bidder in
accordance with state law.
9. City Utilities. The Cities shall pay all costs, including design, for new sanitary sewer,
water mains and appurtenances not necessary for the Project but constructed with the
project. Further, the respective City shall be responsible for the maintenance of all such
facilities after the completion of the Project.
10. Project Cost Updates. The County will provide updated cost estimates to the Cities
showing the County’s and Cities’ shares of Project costs annually at the time of Capital
Improvement Program development. Updated cost estimates will also be provided by the
County to the Cities at the following times:
• prior to contract award,
• upon completion of the 30% plans
• Prior to advertising a construction contract,
• After bid opening (prior to contract award),
• During construction if total contract changes exceed $100,000,
• Once per year following the construction season until Project is complete.
11. Payment. The County will administer the contract and act as the paying agent for all
payments to the consulting engineers. Payments will be made as the Project work
progresses and when certified by the County Engineer. The County, in turn, will bill the
Cities for their share of the Project costs. Upon presentation of an itemized claim the
City shall reimburse the County for its share of the costs incurred under this Agreement
within 35 days from the presentation of the claim. If any portion of an itemized claim is
questioned by a City, the remainder of the claim shall be promptly paid, and
accompanied by a written explanation of the amounts in question. Payment of any
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 7
outstanding amount will be made following good faith negotiation and documentation of
actual costs incurred in carrying out the work.
12. Change Orders and Supplemental Agreements. Any change orders or supplemental
agreements that affect the Project cost participation must be approved by all parties prior
to execution of work.
13. Amendments. Any amendments to this Agreement will be effective only after approval by
each governing body and execution of a written amendment document by duly
authorized officials of each body.
14. 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, 2024.
15. Final Completion: Final completion of the construction Project must be approved by
both the County and the Cities.
16. Storm Sewer Construction and Maintenance: Upon final acceptance of the Project,
maintenance of storm sewer systems shall be provided in accordance with the current
County and City Maintenance Agreements for Storm Sewer Systems. The County will
participate in replacement or repair of storm sewer constructed by this Project in
accordance with County policies included in the current adopted Transportation Plan.
17. Rules and Regulations. The County shall abide by Minnesota Department of
Transportation and standard specifications, rules, and contract administration
procedures.
18. Indemnification. The County agrees to defend, indemnify, and hold harmless the Cities
against any and all claims, liability, loss, 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. Apple Valley agrees to
defend, indemnify, and hold harmless the County and Rosemount against any and all
claims, liability, loss, damage, or expense arising under the provisions of this Agreement
caused by or resulting from negligent acts or omissions of Apple Valley and/or those of
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 8
Apple valley’s employees or agents. Rosemount agrees to defend, indemnify, and hold
harmless the County and Apple Valley against any and all claims, liability, loss, damage,
or expense arising under the provisions of this Agreement caused by or resulting from
negligent acts or omissions of Rosemount, its employees or agents. All parties to this
Agreement recognize that liability for any tort claims arising under this Agreement are
subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota
Statutes, Chapter 466. In the event any tort claim or action is filed against any party,
nothing in this Agreement shall be construed to allow a claimant to obtain separate
judg ments or separate liability caps from the individual parties. For purposes of
determining total liability for damages, the Cities and County are considered a single
governmental unit pursuant to Minn. Stat. § 471.59, subd. 1a. The County shall include
the Cities as additional insureds in the contract documents.
19. Employees of Parties. Any and all persons engaged in the work to be performed by the
County shall not be considered employees of the Cities 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
County employees while so engaged on any of the work contemplated herein shall not
be the obligation or responsibility of the Cities. The opposite situation shall also apply:
the County shall not be responsible under the Worker’s Compensation Act for any
employees of the Cities and any and all claims made by any third party as a
consequence of any act or omission on the part of said Cities employees while so
engaged on any of the work contemplated herein shall not be the obligation or
responsibility of the County.
20. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records,
documents, and accounting procedures and practices of the County and each City
relevant to the Agreement are subject to examination by the County or the Cities and
either the Legislative Auditor or the State Auditor as appropriate. The County and each
City agree to maintain these records for a period of six years from the date of
performance of all services covered under this Agreement. Dakota County will be
financially responsible for the cost of the audit.
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 9
21. Integration and Continuing Effect. The entire and integrated agreement of the Parties
contained in this Agreement shall supersede all prior negotiations, representations or
agreements between the Cities and the County regarding the Project; whether written or
oral. All agreements for future maintenance or cost responsibilities shall survive and
continue in full force and effect after completion of the improvements provided for in this
Agreement.
22. Authorized Representatives. The authorized representatives for the purpose of the
administration of this Agreement are:
COUNTY OF DAKOTA CITY OF APPLE VALLEY CITY OF ROSEMOUNT
Erin Laberee, Dakota County
Engineer (or successor)
14955 Galaxie Ave.
Apple Valley, MN 55124
Office: (952) 891-7102
erin.laberee@co.dakota.mn.us
Matt Saam, Public Works Director
(or successor)
City of Apple Valley
7100 147th Street W
Apple Valley, MN 55124
Office: (952) 953-2412
msaam@ci.apple-valley.mn.us
Brian Erickson, City Engineer
(or successor)
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Office: (651) 322-2025
brian.erickson@ci.rosemount.mn.us
Notification required to be provided pursuant to this Agreement shall be provided to the above
named persons and addresses, unless otherwise stated in this Agreement or in a modification
of this Agreement.
[SIGNATURE PAGES TO FOLLOW]
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 10
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly
authorized officials.
CITY OF APPLE VALLEY
RECOMMENDED FOR APPROVAL:
By
Public W orks Director, Matt Saam Mayor, Clint Hooppaw
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Clerk, Pamela Gackstetter
Date
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 11
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
By
Public Works Directors, Brian Erickson Mayor, Jeffery D. Weisensel
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Clerk, Erin Fasbender
Date
County Project 33-15
Apple Valley and Rosemount
December 2022
Page | 12
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By: ___________
County Engineer, Erin Laberee Physical Development Director, Georg Fischer
Date:
APPROVED AS TO FORM:
_______________________________________
Assistant County Attorney Date
COUNTY BOARD RESOLUTION
No. 20-447 Date: September 22, 2020
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023 – XX
A RESOLUTION PROHIBITING PARKING ON THE
EAST SIDE OF DIAMOND PATH FROM 145TH STREET TO
650 FEET NORTH OF CONNEMARA TRAIL
WHEREAS, the City Council of the City of Rosemount is interested in the safety of its residents and
visitors and the safe movement of traffic; and,
WHEREAS, the cities of Rosemount and Apple Valley are undertaking a joint project with Dakota County
to construct a roundabout at Diamond Path and Connemara Trail/140th Street and related pavement
maintenance on Diamond Path from 145th Street to Connemara Trail; and,
WHEREAS, Diamond Path will be restriped to establish left turn lanes thus reducing the shoulder to
approximately 4 feet in width; and,
WHEREAS , State Aid funding will be expended on this improvement; and,
WHEREAS, State Aid standards prohibit parking as designed with this project.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rosemount hereby
prohibits parking on the east side of Diamond Path from 145th Street to 650 feet north of Connemara Trail.
ADOPTED this 21st day of February 2023.
Jeffery D. Weisensel, Mayor
ATTEST:
Erin Fasbender, City Clerk