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HomeMy WebLinkAbout6.s. Approve Joint Powers Agreement - JPA with Dakota County for the Rosemount/UMore/Empire Corridor Study, ENG 0138AGENDA ITEM: Approve Joint Powers Agreement- JPA with Dakota County for the Rosemount/UMore /Empire Corridor Study, ENG 0138 AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA NO. (p.c. ATTACHMENTS: Joint Powers Agreement APPROVED BY: on) RECOMMENDED ACTION: Motion to Approve a Joint Powers Agreement with Dakota County for the Rosemount/UMore /Empire Corridor Study and Authorize the Necessary Signatures. 4 ROSEMOUNT BACKGROUND: SUMMARY: CITY COUNCIL City Council Meeting: December 16, 2008 EXECUTIVE SUMMARY In relation to the University of Minnesota's development planning work for UMore Park and current planning efforts for Vermillion Highlands, Dakota County in partnership with Rosemount, Empire Township, and the University of Minnesota has initiated a transportation corridor study. The need for this study is predicated by the proposed development plans for an area previously identified to remain undeveloped and to evaluate and determine appropriate future transportation corridors through this area with future development. At this time, Dakota County and partners has selected a consultant to prepare this transportation corridor study. In accordance with Dakota County's cost participation policy, the City of Rosemount is responsible to participate financially in the cost of the study. The proposed financial obligation for the City of Rosemount is 22.5 percent of the study cost which Dakota County has estimated to be $100,000. The 22.5 percent cost share for Rosemount is derived from applying the County's cost share policy (55% County 45% Locals) to the study cost and assigning 50% of the local cost share to Rosemount. Because Empire Township is not a Municipal State Aid City, they are not responsible for cost participation and the local cost share that would be applied to Empire Township is being paid by Dakota County. For the City's cost, because this project is directly related to the proposed UMore development, the University of Minnesota will be financially responsible for the City's share of the study cost. The University of Minnesota is aware of this expectation and will be depositing funds with the City. The attached Joint Powers Agreement outlines the roles and responsibilities for the study. The study is scheduled to be complete November 2009. The study timeline includes monthly project management team meetings which the city will participate in along with 2 to 3 public open houses. Staff recommends Council approval of the Joint Powers Agreement with Dakota County for the Rosemount /UMore /Empire Corridor Study, ENG 0138 subject to review and approval by the City Administrator and City Attorney. G: \ENGPROJ \ENG 0138 -UMORE DEVELOPMENT\JPA County UMore- Empire- CityCC12- 16- 08.doc JOINT POWERS AGREEMENT DAKOTA COUNTY TRANSPORTATION DEPARTMENT AGREEMENT FOR PRELIMINARY ENGINEERING THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR DAKOTA COUNTY PROJECT NO. 97 -84 ROSEMOUNT PROJECT NO. TO Conduct a transportation system study of local roadways, county highways and trunk highways in the City of Rosemount and Empire Township. C.P. 97 -84 December 9, 2008 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 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 conduct a transportation system study of local roadways, county highways and trunk highways in the City of Rosemount and Empire Township to develop a transportation system vision that, over time, will result in safe and efficient travel in the area as cost effectively as possible, while at the same time recognizing land use development and preservation objectives in the area of.UMore Park and Vermillion Highlands; and WHEREAS, the County and the City will fund the study costs as allocated in this agreement; and WHEREAS, the Counties and the City require professional services as set forth in this Agreement to conduct a transportation system study in the area of UMore Park and Vermillion Highlands in the City of Rosemount and Empire Township. NOW, THEREFORE, It is agreed that the County and the City will participate in the study costs as set forth in this agreement: 1. Administration. Dakota County will enter into a contract with the selected consulting firm after obtaining review and approval by the City as to qualifications of the firm and cost of the proposed study. Dakota County will administer the contract with the professional consulting firm and will coordinate the corridor study work of the professional consulting firm. The Counties and 2 the City shall each retain final decision- making authority within their respective areas of responsibility. C.P. 97 -84 December 9, 2008 2. Transportation System Study. The transportation system study shall be defined as: a. Agency Coordination b. Alternative Development c. Evaluation of Alternatives d. Final Report and Presentation Materials e. Community Coordination Dakota County shall be responsible for 77.5% of the total study costs, and the City of Rosemount shall be responsible for 22.5% of the total study costs. 3. Plans and Specifications. A Request for Proposals was developed to select a consulting firm to perform the corridor study. The deliverables for the study include: a. All agendas, minutes, agency comments, graphics, and presentation materials. b. Final report consisting of executive summary, findings, recommendations, evaluation of alternatives considered, impacts, appropriate graphics, presentation material and appendices. c. Electronic file copies of the final report. d. Consultant presentation of final report at final agency meeting. 4. Payment. Dakota County will act as the paying agent for payments to the consultant. Payments to the consultant will be made as the project work progresses and when certified for payment by the Dakota County Engineer. Dakota County, in turn, will bill the City of Rosemount for their share of the professional services as specified in Paragraph 2. Upon presentation of an itemized claim by one agency to the other, the receiving agency will reimburse the invoicing 3 4 C.P. 97 -84 December 9, 2008 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 with the consultant and documentation of actual costs incurred in carrying out the work. 5. Rules and Regulations. The County and the 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 the agreement. 6. Waiver. Any and all persons engaged in the work to be performed by the Counties shall not be considered employees of the City 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 Counties employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. The opposite situation shall also apply: the Counties shall not be responsible under the Worker's Compensation Act for any employees of the City. 7. Audits. Pursuant to Minnesota Statutes Sec 16 C. 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 City or the County 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. C.P. 97 -84 December 9, 2008 8. Integration. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations: representations or agreements between the Counties and the City regarding the preliminary engineering services to be obtained; whether written or oral. O :1HighwaytAGRMEN712008197 84 Rosemount 9918.doc 5 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: City Attorney County Engineer Contract No. 9918 CITY OF ROSEMOUNT By City Engineer Mayor APPROVED AS TO FORM: (SEAL) DAKOTA COUNTY 6 By City Clerk C.P. 97 -84 December 9, 2008 Date RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: Assistant County Attorney Date By: Lynn Thompson, Director COUNTY BOARD RESOLUTION Physical Development Division No. 08- Date: Date: