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Home My WebLink About5.l. Cooperative Agreement with Dakota County - Diamond Path ReconstructionCITY OF ROSEMOUNT EXECUTIVE S OMRY FOR ACTION CITY COUNCIL MEETING DATE: April 7, 1992 AGENDA ITEM: Approve Cooperative Agreement AGENDA SECTION: with Dakota County for Diamond Path Consent PREPARED BY: Ron Wasmund Public Works Director/Building Official AGENDA p 1Yy'�# 5 ATTACMCMTS: Cooperative AgreementOVED Y: The attached agreement formally outlines the conditions, responsibilities and participation limits between Dakota County, City of Apple Valley and the City of Rosemount. RECOMMENDED ACTION: MOTION TO APPROVE THE COOPERATIVE AGREEMENT FOR COUNTY PROJECT 33-03,DIAMOND PATH BETWEEN DAKOTA COUNTY, CITY OF APPLE VALLEY AND THE CITY OF ROSEMOUNT. COUNCIL ACTION: 6 DAKOTA COUNTY HIGHWAY DEPARTMENT 14955 GALAXIE AVENUE, 3RD FLOOR April 1, 1991 DAVID L. EVERDS, P.E. COUNTY ENGINEER (612)891-7100 Fax(612)891-7031 A 001 c VAI i GY KAINNFSnTA 55124-8579 RECEIVED APR v 1991 €'"7Y OF ROSIMC)UNT Mr. Ron Wasmund City of Rosemount 2875 145th Street West Rosemount, MN 55068 Dear Mr. Wasmund: I have enclosed two draft agreements for your review. One agreement is for the CP 33-03 project and the other is for the 145th Street realignment. Please return your comments, and those of any other officials,, regarding these agreements as soon as possible so the final agreement can be presented to the city council for signature. If you have any questions contact me. Sincerely, Mitchell J. Rasmussen, P.E. Assistant Design/Construction Engineer MJR/mj 1 Encls. AN EQUAL OPPORTUNITY EMPLOYER D�N DAKOTA COUNTY DEPARTMENT OF HIGHWAYS AGREEMENT FOR HIGHWAY DESIGN AND CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA, THE CITY OF APPLE VALLEY AND THE CITY OF ROSEMOUNT FOR State Aid Project No. 19 -633 -OS Dakota County Project No. 33-03 TO Reconstruct County State Aid Highway 33 (Diamond Path) between approximately 700' south of 145th Street and approximately 1000' north of 140th Street in -accordance with the plans and specifications for the above referenced project in Apple Valley and Rosemount, Dakota County. County Project No. 33-03 March 29, 1991 THIS AGREEMENT, made and entered into by and between the County of Dakota, hereinafter referred to as the "County"; the City of Apple Valley, hereinafter referred to as "Apple Valley"; and the City of Rosemount, hereinafter referred to as "Rosemount", WITNESSETH: WHEREAS, it is considered mutually desirable to reconstruct CSAH 33 (Diamond Path) between approximately 700' south of 145th Street and approximately 1000' north of 140th Street in accordance with the plans and specifications for State Aid Project No. 19-633-05 in Apple Valley and Rosemount, Dakota County; and WHEREAS, the County, Apple Valley and Rosemount will jointly participate in the costs of said roadway reconstruction as hereinafter set forth. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. Engineering. Engineering costs shall be divided based on final contract amounts. Design engineering costs for the roadway construction items and all construction engineering. costs shall be shared in the amount of fifty five percent ( 55%) by the County and forty five percent (45%) by the Cities. Apple Valley's and Rosemount's share shall be split equally between the two Cities. 2 County Project No. 33-03 March 29, 1991 Design engineering costs for the storm sewer items shall be shared by the County, Apple Valley and Rosemount and shall be proportioned according to their respective storm sewer construction costs. 2. Roadway Construction Items. The construction costs of the following items for those items shall be shared in the amount of f ifty f ive percent ( 55%) by the County and forty f ive percent (45%) by the Cities with the Cities share being split 50/50: a.) Mobilization; b.) Clearing and grubbing; c.) Removal and salvage items; d.) Grading items; e.) Aggregate base; f.) Concrete curb and gutter; g.) Bituminous paving; h.) Fencing; i.) Turf establishment; j.) Catch basins and leads for surface water drainage; k.) Centerline culverts which are open on both ends and not connected to any storm sewer structure; and 1.) Modification of the• following existing items: sanitary sewer, storm sewer, watermains and appurtenances due to relocation or grade adjustment as part of this project. 3 County Project No. 33-03 March 29, 1991 m.) Cost of adjusting, moving or replacing privately owned utilities, when not performed at the expense of the utility. 3. Storm Sewer Items. Except for items in paragraph 2 above, the County shall pay twenty percent (20%) of the cost of new storm sewer items within the project, not to exceed six thousand dollars ($6000) per mile of County roadway construction. The remaining storm sewer costs shall be split between Apple Valley and Rosemount according to the contributing drainage areas in each city. 4. Bike Trail. An eight foot bituminous bike trail shall be constructed as part of this project on the west side of CSAH 33. Construction costs of this bike trail shall be the responsibility of the County. This bike trail shall be maintained in accordance with the Maintenance Agreements for separated County bike paths between the county and Apple Valley dated July 22, 1982, and between the County and Rosemount dated July 3, 1984. 5. City Utilities. Apple Valley and Rosemount shall pay all costs for new sanitary sewer, watermains and appurtenances, and other new public utilities constructed in the respective Cities as part of this project. 4 County Project No. 33-03 March 29, 1991 6. plans and Specifications. The County shall prepare complete grading and paving plans and specifications consistent with State design standards and the Dakota County Transportation Plan. Apple Valley and Rosemount shall cooperatively provide to the County the necessary plan sheets and specifications to be incorporated in the construction plan. Apple Valley and Rosemount approval of the plans is necessary prior to awarding the contract. 7. Right -of -Way. The County shall acquire all required permanent and temporary highway easements for this project. The cost of these easements shall be shared in the amount of fifty five percent (55%) by the County and forty five percent (45%) by the Cities. Apple Valley and Rosemount shall participate only in those easements located within their respective Cities. 8. Payment. The County shall act as the paying agent for costs of acquiring new right of way, adjusting private utilities and for all payments to the contractor. Payments to the Contractor shall be made as the Project work progresses and when certified by the County Engineer. Upon presentation of an itemized claim by one agency to the other, the receiving agency will reimburse the invoicing agency for its share of the costs incurred under this agreement within thirty (30) days from the presentation of the claim. E1 County Project No. 33-03 March 29, 1991 9. Storm Sewer Maintenance. Upon completion of the project and in accordance with County Policy, Apple Valley and Rosemount shall be responsible for all storm sewer maintenance in each respective city. 10. Subsequent Excavation. After completion of the project, if the necessity arises for excavation of the roadway to repair or install water, sewer, or other utilities, Apple Valley or Rosemount shall replace the excavated area and road surface with a section equivalent to the adjacent roadway. If Apple Valley or Rosemount should employ their own contractor for the above described water sewer or other utility repair or installation, they shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other utility. Should Apple Valley or Rosemount fail to have the roadway properly replaced, the County Highway Engineer may have the work done and either Apple Valley or Rosemount shall pay for the work within thirty (30) days following receipt of a written claim by the County. 11. Rules and Regulations. The County, Apple Valley and Rosemount shall abide by Minnesota Department of Transportation and Federal Highway Administration rules and regulations where appropriate. C County Project No. 33-03 March 29, 1991 12. Traffic Control. This project will entail both partial and total road closures with detours; however, the county will keep the road open for access in at least one direction at all times to local traffic and emergency vehicles. The County will notify Apple Valley and Rosemount prior to a scheduled complete road closure. The County will strive to reopen the closed roadway as soon as construction allows. 13. Indemnification. The County agrees to defend, indemnify, and hold harmless Apple Valley and Rosemount against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from its negligent act or omissions and/or those of its employees or agents. Apple Valley and Rosemount agree 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 their negligent act or omissions and/or those of their employees or agents. 14. Waiver. Any and all persons engaged in the aforesaid work to be performed by the County shall not be considered employees of Apple Valley or Rosemount and any and all claims that may or might arise under the Worker's Compensation Act of this State on behalf of said employees while so engaged, and any VA County Project No. 33-03 March 29, 1991 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 Apple Valley or Rosemount. The County shall not be responsible under the Worker's Compensation Act for any employees of Apple Valley or Rosemount. 8 County Project No. 33-03 March 29, 1991 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. CITY OF APPLE VALLEY RECOMMENDED FOR APPROVAL: Director of Public Works APPROVED AS TO FORM: City Attorney RECOMMENDED FOR APPROVAL: Director of Public Works APPROVED AS TO FORM: City Attorney By Mayor ( SEAL) By City Clerk Date CITY OF ROSEMOUNT By Mayor ( SEAL) By City Clerk Date M RECOMMENDED FOR APPROVAL: County Engineer APPROVED AS TO FORM: County Attorney COUNTY BOARD RESOLUTION No. Date County Project No. 33-03 March 29, 1991 DAKOTA COUNTY By Chairman of the Board (SEAL) By County Auditor Date 10