HomeMy WebLinkAbout6.h. Approval of County Road 46 Engineering Agreement A CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CIN COUNCIL MEETING DATE: July 1, 1997
AGENDA ITEM: Approval of County Road 46 Engineering AGENDA SECTION:
Agreement Consent
PREPARED BY: Bud Osmundson AGE } C��j ,
City Engineer/Pubiic Works Director ��I�G,iYl. 1�`,°-'� �^;
ATTACHMENTS: Letter and Agreement APPROVED BY:
Attached is a copy of the Agreement fo� Preliminary Engineering and Right of Way
Preacquisition for the proposed County Road 46 Project. As you will remember, this
project entails the Counfiy taking over and constructing 160th Street from Pilot Knob in
Apple Valley and Lakeville to east of Coates where it will connect with existing CSAH
48. The County has been awarded an ISTEA grant in the amount of 54.5 million dollars
to pay for this 56.5 million dollar project. The project must be under contract by June of
1999 otherwise the County will lose the Federal funding.
The City will be responsible for 50% of the costs for the segment from Apple Valley to
Biscayne Avenue. The County will be paying for all of the costs for the segment of
roadway east of Biscayne Avenue. This Agreement will cover only the engineering and
preacquistion work necessary within the City of Rosemount such as title searches,
appraisals, etc. for right of way acquisition. The total amount covered by this
Agreement will amount to approximately $30,000 which will be billed to the City over
the next two years.
By approving this Agreement, the City is one step closer to being responsible for the
much higher costs of construction of County Road 46. The City Attorney has reviewed
this Agreement. Staff believes that going forward with the County Road 46 project is in
the best interests of the City. Therefore, Staff recommends approval of this Agreement.
RECOMMENDED ACTION: MOTION TO APPROVE THE PRELIMINARY ENGINEERING AND
RIGHT OF WAY PREACQUISTION AGREEMENT FOR COUNTY PROJECT 46-07, CITY
PROJECT #2$4 AND AUTHORIZE NECESSARY SIGNATURES.
COUNCIL ACTION:
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(6t2)891-7t00
HIGHWAY DEPARTMENT Fax(6t 2)89�-7t 27
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June 17, 1997
Mr. Bud Osmundson, P.E.
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Re: Agreement for Preliminary Engineering and Right of Way Preacquisition for
CP 46-07, Your Project No. 284
Dear Mr. Osmundson:
Enclosed is a copy of this agreement. Please present it to your city council for review
and approval. The originals were sent to the City of Lakeville and will be forwarded to
you for execution.
If you have any questions, please call me. Thank you.
Sincerely,
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David R. Zech, P.E.
Administrative Design Engineer
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Enclosure
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Printetl on recycletl paper.20%poshco�wmer �• AN EQUAI OPPORTUNITY EMPLOYER '.
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DAKOTA COUNTY
DEPARTMENT OF FiIGAWAYS
AGREEMENT FOR PRELIMINARY ENGINEERING
AND
RIGHT OF WAY PREACQU2SITION
BETWEEN '
THE COUNTY OF DAKOTA, THE CITY OF APPLE VALLEY, ',
THE CITY OF LAKEVILLE, AND THE CITY OF ROSEMOUNT �
FOR I
SP 19-596-01
DAKOTA COUNTY PROJECT N0. 46-07
APPLE VALLEY PROJECT No. 97-531
LAREVILLE PROJECT No. 97-8
ROSEMOUNT PROJECT No. 284
FOR THE
Construction and widening of 160th Street (proposed County Road 46)
in the cities of Apple Vall.ey, Lakeville, Rosemount, and Coates,
and in Empire and Vermillion Townships, from 1200 ' west of CSAH 3Z
(Pilot Knob Road) in the cities of Apple Valley and Lakeville to a
point on County State Aid Highway (CSAH) 48 approximately one mile
east of Trunk Highway 52 in the City of Rosemount and Vermillion
Township, Dakota County.
County Project No . 46-a7
June 16, 1997
THIS AGREEMENT, made and entered into by and between the County of
Dakota, hereinafter referred to as "the County" ; the City of App1e
Valley, hereinafter referred to as "Apple Valley" , the City of
Lakeville, hereinafter referred to as "Lakeville" , the City of
Rosemount, hereinafter referred to as "Rosemount" ; �'�
WITNESSETH: '
WHEREAS, provided certain criteria and deadlines are met, ISTEA ',
funding has been programmed for the 1999 construction of 160th
Street (proposed County Road 46} in the cities of Apple Va11ey,
Lakeville, Rosemount, and Coates, and in Empire and Vermillion '
Townships, from 1200 ' west of CSAH 31 (Pilot Knob Road) in the '
cities of Apple Valley and Lakeville to a point on County State Aid
Highway (CSAH) 48 approximately one mile east of Trunk Highway 52 '
in the City of Rosemount and Vermillion Township; and
WHEREAS, Dakota County and the cities of Apple Valley, Lakeville,
and Rosemount have included this project in their Capital
Improvement Programs to fund the remainder of the cost after use of '
the ISTEA funds . '
NOW, THEREFORE, in consideration of the covenants and conditions '
set forth herein, it is agreed that the County, App1e Valley, '
Lakeville, and Rosemount will jointly participate in the costs of �,
preliminary engineering and right of way preacquisition within each I,
city as hereinafter set forth: '�,
2
County Project No. 46-07
June 16, 1997
1. Construction costs west of Biscayne Avenue shall be
apportianed among the County and cities according to County cost
sharing policies adopted on November 5, 1996 . 500 of the highway
construction cost for the portion of 160th Street forming the
municipal boundary between Apple Valley and Lakeville shall be
attributed to each city. 50% of the highway construction cost for
the portion of 160th Street forming the south city boundary of
Rosemount and west of Biscayne Avenue shall be attributed to
Rosemount .
2 . Preliminary Enaineerina shall be defined as engineering
work completed prior to the project letting date, which includes,
but is not limited to:
a. Surveying and mapping,
b. Engineering studies and reports,
c . Social, Economic, and Environmental reports, .
d. Preliminary layouts,
e . Final Plans, Specifications, and Estimates,
f . Permits, and
g. Public participation and input meetings .
Preliminary engineering costs shall be split based on the
County' s, Apple Valley' s, Lakeville ' s, and Rosemount ' s share of
project construction costs as set forth in Section 1 .
3 . The County shall be responsible for all project costs for
work east of Biscayne Avenue .
3
County Project No . 46-0�
June 16, 1997
4 . Plans and Specifications . The County, Apple Va11ey,
Lakeville, and Rosemount will jointly select a consulting
engineering company to perform the preliminary engineering,
consistent with State Aid design standards, the Dakota County
Transportation Plan, and each city' s utility standards and
specifications .
5 . Riaht of wav Preacauisition. The County will prepare
right of way maps and obtain appraisals and abstractor' s
certificates of title for a11 reguired permanent and temporary
highway and drainage easements for this project .
The cost of this preacquisition work for highway right of way
attributable to Apple Valley, Lakeville, and Rosemount, west of
Biscayne Avenue, shall be allocated 55% to the County and 45% to
the cities . The County shall. be responsible for a11 costs of
highway right of way preacquisition work for construction east of
Biscayne Avenue.
The County shall be responsible for 550 of the preacquisition
cost of right of way for storm sewer and other drainage facilities
and water pollution control best management practices attributable
to drainage from the highway within Apple Valley, Lakeville, and
Rosemount, west of Biscayne Avenue. Each city shall pay its
remaining right of way preacquisition costs after deducting the
County' s share from the total cost . The County shall be
responsible for the costs of right of way preacquisition work for
storm sewer and other drainage facilities and water pollution
control best management practices attributable to Empire and
4
County Project No . a6-07
June 16, 1997
Vermillion Townships, the City of Coates, and Rosemount, east of
Biscayne Avenue.
Each city shall be responsible for any preacquisition work and
costs of easements for new sanitary sewer, new water mains and
services, or other municipal facilities located outside of the
necessary right of way for highway and highway related drainage
purposes within Apple Valley, Lakeville, or Rosemount,
respectively.
6 . Pavment . , The County will pay the costs associated witn
preliminary engineering for roadway design and highway and highway
related drainage easement preacquisition. Apple Valley, Lakeville,
and Rosemount will pay the costs associated with design and
preacquisition of any right of way specifically for new municipal
utilities within the respective city. Upon presentation of an
itemized claim by the Coiznty to a city, it is mutually agreed that
the city shall reimburse the County 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 city, the remainder of the claim shall be promptly paid, and
accompanied by a written explanation of the amounts in question.
7 . Rules and Reaulations . The County, Apple Valley,
Lakeville, and Rosemount shall abide by Minnesota Department of
Transportation State Aid rules and regulations .
5
County Praject No. 46-07
June 16, 1997
8 . Indemnification. Each municipality agrees to defend,
indemnify, and hold harmless the other municipalities in this
agreement 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 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 .
9 . Waiver. Any and all persons engaged in the aforzsaid work
to be performed by one municipality shall not be considered 'I
employees of any other municipality and any and all claims that may
or might arise out of such employment context on behalf of said
employees while so engaged, and any and all claims made by any
third party as a consequence of any act or omission on the part of
said employees while so engaged on any of the work contemplated
herein shall not be the obligation or responsibility of any other
municipality. The County shall not be responsible under the
Worker' s Compensation Act for any employees of Apple Valley,
Lakeville, or Rosemount .
N:\AGRMENT\4607PRE
6
__ _ ___
County Project No. 46-07
June 16, 1997
IN WITNESS THEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized o£ficials .
CITY OF APPLE VALLEY
RECOMMENDED FOR APPROVAL:
By
Public Works Director Mayor
APPROVED AS TO FORM: (S�)
By
City Attorney City Clerk
Date
--------------------------
CITY OF LAKEVZLLE
RECOMMENDED FOR APPROVAL:
By
City Engineer Mayor
I
APPROVED AS TO FORM: (SEAL) ',
By '
City Attorney City Clerk
Date
7
�
� County Project No. 46-07
June 16, 1997
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
By
Public Works Director Mayor
APPROVED AS TO FORM: (SEAL)
By
City Attorney City Clerk
Datz
--------------------------
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL: Physical Development Director
By
County Engineer Date
APPROVED AS TO FORM: APPROVED AS TO EXECUTION:
, County Attorney County Attorney
COUNTY BOARD RESOLUTION No. Date
8
. .
BOARD OF COUNTY COMMIS510NEZS
DAK�TA COUNTY, MINNESOTA
May 6, 1997 ' Resolutian No. 47-299
Motion by Commissioner Turner Seconded by Cammissioner 1Crause
Autho�zatio� to Enter Into Agreement fo�Preliminary Enqineerinq and Right of Way Preacquisition with
the Cities af Apple Valley, Lakeviile,and Ros�mount for Caunty Road 46 (160th StreeL), CA 46-a7
WHERF.,4S, Dakota Caunty and the aiies of Apple Valtey, Lakeviile and Rosemount ne�d to enter into an
agresment to share the casts and responsibilities of preliminary enginesring and right of way preac�uisition for
County Proje�t 46-07.
NOW, THEREa=ORE. 8E IT RESOLVE�, That the Dakota Caunty Baard of Commissioners here5y authorizes
entering into a cost sharing agreement with the cities of Appie Valley, Lakeviile, and RosEmount for Caunty Projec:
46-a7; and
8E !T FURTHER RESOIVE�, That the Oakota County Physical Development Divisian Direc:or is hereby
authorized to execute the agresment, subjec: to final agre�ment approval by the County Attomey's Offic� as to
faizn and exer.�tion.
STATE OF MINNESOTA
Counry ot Dakota
I,Mary S.Scheide,Clerk to the Board of the Counry of Oakota, State of
YES NQ �nnesata,do hereby certi(y that I have compared the(oregoing copy of
a resolution with the original minutes of the p�oceedings of the 8oard o!
Hams X Harris County Commissionas.Oakota Counry,Minnesota,at their session held
Maher X Maher on the 6'"day af May t997,now an file in the Ccunty Admirtisuatlan
OepartrneM, and have found the same to be a We artd conect c:oy
Bataglia X Bataglia ����.
MueUet X Mudler
Witness my hand and official seal of Oakota Gaunry this 12'"day of May
Tumer X Tumer �997.
Krause X Kreuse (�
Branning absent Branning � e
Clertc:o the Baaas