The URL can be used to link to this page

Home My WebLink About6.f. Approve Dakota County Agreement on McNamara Phase 2, City Project #304 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: July 20, 1999 AGENDA ITEM: Approve Dakota County Agreement on AGENDA SECTION: McNamara Phase 2, City Project #304 Consent PREPARED BY: Bud Osmundson AGENDA�� [' City Engineer/Public Works Director � ATTACHMENTS: Agreement APPROVED BY. As you are aware as part of the McNamara Phase 2 Improvements CSAH 42 between Shannon Parkway and Chippendale Avenue will be modified from the existing rural section roadway (with ditches) to an urban section roadway with curb & gutter through the four- lanes. The improvements also include the turn lanes into the McNamara Addition and a widening of the road so that there is a shoulder or disabled vehicle lane on both sides of the roadway. Therefore the County will assist in paying for the project per the attached Agreement. The Agreement is a standard Agreement between the County and cities and outlines the cost-sharing. The County pays 55% of the costs of these items and the City pays for 45%. In this case the City's 45% is being assessed to the Developer of the parcels. Staff recommends that the Agreement be approved and that the necessary signatures be authorized. RECOMMENDED ACTION: MOTION TO APPROVE THE DAKOTA COUNTY DEPARTMENT OF HIGHWAYS AGREEMENT FOR HIGHWAY CONSTRUCTION FOR DAKOTA COUNTY PROJECT #42-77, CITY OF ROSEMOUNT PROJECT #304 AND TO AUTHORIZE THE NECESSARY SIGNATURES. COUNCIL ACTION: 6 DAROTA COUNTY DEPARTMENT OF FiIGHWAYS AGREEMENT FOR HIGHV�TAY CONSTRUCTION � BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR DAKOTA COUNTY PROJECT NO. 42-77 ROSEMOUNT PROJECT No. 304 TO Widen County State Aid Highway (CSAH) 42 from Shannon Parkway through Chippendale Avenue in accordance with the plans and specifications for the above referenced project located in Rosemount, Dakota County. County Project No. 42-7�7 June 11, 1999 THIS AGREEMENT, made and entered into by and between the County of Dakota, hereinafter referred to as "the County" ; and the City of Rosemount, hereinafter referred to as "�the City" , WITNESSETH: WHEREAS, it is considered mutually desirable to widen County State Aid Highway (CSAH) 42 from Shannon Parkway through Chippendale Avenue to improve drainage and provide paved shoulders along CSAH 42 and make safety improvements along CSAH 42 in accordance with the plans and specifications for the above referenced project located in Rosemount, Dakota County; and WHEREAS, the City will finance the right turn lane construction at the new street improvements and the new street improvements: NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, it is agreed that the County and City will jointly participate in the costs of said roadway widening and engineering as hereinafter set forth: : 1. Enaineerina. Engineering costs shall be split based on the County and City share of the final construction costs. The City will perform all engineering for the roadway widening. 2 County Project No. 42-77 June 11, 1999 2 . Roadway Construction Items . The County shall be responsible for 55% of the following construction items for the disabled vehicle lanes, shoulders �and storm sewer improvements: a. ) Removal and salvage; b. ) Grading, Base, and Surfacing; c. ) Shouldering; . d. ) Curb and Gutter e. ) Turf establishment; f. ) The County's share of storm sewer and other drainage improvements using State Aid sharing factors based on contributing flows; g. ) Replacing and restoring fences, landscaping, and driveways; h. ) The County's share of water pollution control best management practices based on contributing flows, meeting National Urban Runoff Protection (NURP) standards. � i. ) Biketrail and sidewalk The City will be responsible for the remaining costs of the project. The City will be responsible for costs attributed to the right turnlane construction at the new street improvements and the new street improvements. 3 County Project No. 42-77 June 11, 1999 3 . Citv Utilities . The City shall be responsible for sanitary sewer and water system maintenance, and the construction cost and maintenance of �roadway lighting. 4 . Bike Trails . The bike trails shall be maintained in accordance with the Maintenance Agreement for County Bikeway Trails between the County and City dated July 19, 1994 . The City shall be responsible for the maintenance of sidewalks. 5 . Right-of-Wav. The City will acquire all required right of way for this project. Any right of way necessary for the County Highway will be conveyed to the County after completion of the project. 6. Plans and Specifications . The City will prepare complete grading and paving plans and specifications consistent with State-Aid design standards and the Dakota County Transportation Plan. 7 . Payment . The City will act as the paying agent for the project. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing 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. 4 - County Project No. 42-77 June 11, 1999 8 . Storm Sewer Maintenance. Upon acceptance of the project, the City and 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 by . the City and County, 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 city utilities, the City shall restore the excavated area and road surface. If the City employs 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 installation of said water, sewer or other municipal utility. If the City fails 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. 5 County Project No. 42-77 June 11, 1999 11 . Rules and Regulations . The County and City shall abide by Minnesota Department of Transportation, State Aid Rules. �12 . Traffic Control . The City will keep the road open to through traffic. 13 . Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or e�ense arising under the provisions of this Agreement and caused by or resulting from the negligent act or omissions� of the County and/or those of its employees or agents . The City agrees to defend, indemnify, and hold harmless the County 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 the City and/or those of its employees or agents. All parties to this agreement recognize that liability for any claims arising under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466 . 14 . Waiver. Any and all persons engaged in the aforesaid work to �e performed by the City shall not be considered employees of the County 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 . 6 County Project No. 42-77 June 11, 1999 engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said City employees while so engaged on any of the work contemplated herein � shall not be the obligation or responsibility of the County. N:4277 7 � . County Project No. 42-77 . June 11, 1999 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials . CITY OF ROSEMOUNT RECO ED FOR APPROVAL: . By blic Works Director Mayor APPROVED AS TO FORM: (SEAL) By City Attorney City Clerk Date -------------------------- DAKOTA COUNTY RECONiMENDED FOR APPROVAL: By County Engineer Physical Development Director APPROVED AS TO FORM: ' Date County Attorney COUNTY BOARD RESOLUTION No. Date APPROVED AS TO EXECUTION: County Attorney 8 BOARD OF COUNTY COMMISSIONERS � DAKOTA COUNTY, MINNESOTA � June 8, 1999 Resolution No. 99-330 Motion by Commissioner.Maher Seconded by Commissioner Krause Authorization to Enter into Wght of Way and Construction Agreement with the City of Rosemount for Reconstruction of Segment of County State AId Highway 42 WHEREAS,the 2001 Capital Improvement Program (CIP) includes County Project(CP)42-77 for the reconstruction of County State Aid Highway(CSAH)42 from CSAH 33 to Trunk Highway(TH)3 in the City of Rosemount;and WHEREAS, Dakota County and the City of Rosemount,nesd to enter into a right of way acquisition and construction agreement to procesd with this project;and . WHEREAS,a total of$1,000,000 is included in the approved 1999-2003 C!P for CP 42-77;and WHEREAS, the City of Rosemount has requested moving the segment of CSAH 42 from Chippendale Avenue to Shannon Parkway for construction in 1999;and WHEREAS,CP 42-77 wiit eliminate a conUnuous gravel shouider and.maintenance issue;and WHEREAS, CP 42-77 will provide safety improvements through construction of a shoulder for the westbound lanes and tumlanes; and . WHEREAS, Dakota County needs to amend the 1999 CIP budget by$550,000 for construction of CP 42-77;and WHEREAS, Highway Department Fund Balance is available;and . WHEREAS,this agreement is consistenf with Dakota County policy. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes an agreement with the City of Rosemount, in accordance with Dakota County policy, for the purpose of reconstruction of CSAH 42, County Project 42-77,SAP 19-642-37; and � BE IT FURTHER RESOLVED,That the 1999 Highway CIP budget is hereby increased as foliows: Expense CP 42-77 $550,OOQ Revenue Use of Fund Balance $550,000 ;and BE IT FURTHER RESOLVED, That the Dakota County Physical Development Director is hereby authorized to execute the ag�eement,subject to approval by the Counry Attomey's Office as to form and execution. STATE OF MINNESOTA � County of Dakota I,Mary S.Scheide,Cterk to the Board of the Couniy of Dakota, State �S Np of Minnesota, do hereby certitify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Harris X Harris Board of County Commissioners, Dakota County, Minnesota, at their iNaher X Maher session heid on the 8'"day of June 1999, now on file in the County Administration Departrnent,and have found the same to be a true and Bataglia X Bataglia corteci copy thereof. Schouweiler X Schouweiler W��my hand and offiaal seal of Dakota County this 11"'day of Turner X Tumer June 1999. Krause X Krause Branning X Branning � ��LL% � �`� Clerlc to the Board