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
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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
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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: