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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