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HomeMy WebLinkAbout5.d. Approve Dakota County Agreement CR42 ConstructionDATE: JULY 15, 1987 TO: MAYOR & CITY COUNCIL % ADMINISTRATOR JILK FROM: CITY ENGINEER HEFT RE: ITEMS FOR THE JULY 21, 1987 COUNCIL MEETING OLD BUSINESS 5d. Approve Dakota County Agreement for C.R.#42 Construction (T.H.52- T.H.55) The County has submitted an agreement for highway design and construction for the improvements of County State Aid Highway #42 between T.H. 52 to T.H. 55. I have attached a copy for your review. The agreement for cost participation is the basic 45% City and 55% County cost sharing for construction cost, engineering cost, easement and slope easement acquisition cost. The two acceptions to this typical cost participation formula are that the City must pay for 100% of the right-of-way along the new alignment of County Road 42 and also the City does not have to reimburse the County for any construction cost paid by Federal Aid Secondary funds. In short, the City will be paying 45% construction cost not covered by the Federal Aids Secondary funds and 100% of the new alignment right- of-way. The County previously estimated these cost to be $145,000.00. Because of the change of alignment and delay from the last public hearing, the City will need to hold another public hearing once the County receives Federal approval for the new alignment. However, neither the City or the County anticipate any changes in the cost estimate,.so we should still be around the $145,000 figure. I would recommend that Council approve of this agreement and authorize the Mayor and Clerk to execute its related documents. COUNTY OF DAKOTA Department of Highways AGREEMENT FOR HIGHWAY DESIGN AND CONSTRUCTION THIS AGREEMENT made this day of , 1987, by and between the County of Dakota, a county of the State of Minnesota, acting by and through its County Board of Commissioners, hereinafter referred to as the "County"; and the City of Rosemount, a Municipal Corporation of the State of Minnesota, acting by and through its City Council and hereinafter referred to as the "City". WHEREAS, both the City and County feel that the welfare and safety of their citizens will be well served by the construction/improvement of the County State Aid Highway No. 42, from TH 52 to TH 55 identified under one or more of the following: s State Project No. S.P. 19-642-21 County Project C.P. 42-10 City Project No. NOW THEREFORE: 1. The County and City hereby agree to participate in all costs of construction of said County State Aid Highway 42 between TH 52 and TH 55. 2. The Parties agree that the costs of in-house engineering services (design, management and inspection costs according to prevailing wage rates plus fringe benefits and overhead') consulting engineering services, grading, landscaping and restoration, drainage, 1 Fringe Benefits plus overhead is estimated at 48%. -1- aggregate base, bituminous surface, bituminous shoulders, acquisition of right of way easements and slope easements (except for right of way for roadways located on new alignment) and relocation or adjustment of city streets, and appurtenances shall be shared -in the amount of fifty-five percent (557) by the County and forty-five percent (457.) by the City for all areas affected by the construction/improvement of County State Aid highway 42 within the City of Rosemount. The City shall not reimburse the County for any construction costs paid, by Federal Aid Secondary Funds. 3. The City agrees to reimburse the County for all expenses incurred for right of way acquisition on the segment of roadway located on new alignment according to county policy. 4. The County agrees to take action to acquire right of way and slope easements for all land affected by the project. 5. The County agrees to take action to prepare complete grading and paving construction plans consistent with State minimum design standards for highway construction and the Dakota County Transportation Policy Plan and in conformance with the .laws of the State of Minnesota. 6. The County agrees to participate in the following cost shared items as outlined in provision 2: - Catch basins and leads for surface water drainage. - Centerline culverts which are open on both ends and are not connected to any major storm structure. 7. The parties agree that payments by the City to the County shall be made within 30 (thirty) days after receipt of itemized -2- invoice or voucher which will be prepared after payment is made to the Contractor✓Consultant by the County and the completed workis certified by the County Engineer. The County will act as the paying agent for all payment to the Contractor/Consultant. Final payment will be made by the County to the Contractor/Consultant following satisfactory completion of said Contract as approved by both the City and the County. It is further agreed that all costs incurred by either Party (City or County) will be shared as outlined in provision 2. Upon presentation of a proper claim by one party to the other, it is further agreed that the receiving Party will reimburse the invoicing Party for its share of all related engineering claims and all other approved claims associated with the construction of said road within thirty (30) days from the presentation of the claim. B. The City agrees that if at a later time the necessity arises for excavation of the road to repair or install sewer, water pipe, or other utilities, it will have the excavated area properly filled and have the road surface returned to its former condition after the necessary construction is completed. The City further agrees that if it should employ its own contractor for the above described water, sewer, or other utility projects, that it shall hold the County harmless from any and all liability incurred due to the construction and/or installation of said water and sewer pipe, or other utility projects. Should the City fail to have the road surface properly replaced, it is hereby agreed that the County Highway Engineer may have the work done and the City hereby agrees to pay for it within thirty (30) days following receipt of a properly executed bill. -3- 9. The City hereby agrees to abide by and enforce any regulations of the Federal Highway Administration of the United States of America and the Commissioner of Transportation of the State of Minnesota when such regulations apply. 10. The parties agree that the County may partially block said road within the corporate limits of the City at such time as it becomes necessary for the performance of the Contract under this Agreement and, in cases of emergency, said road may be wholly blocked and the passage of traffic thereon be prevented by the County. IN WITNESS THEREOF, the City of Rosemount and the County of Dakota have caused these presents to be executed by their respective officers as of the date first above written. CITY OF ROSEMOUNT APPROVED AS TO FORM; By City Attorney Mayor RECOMMENDED FOR APPROVAL: (SEAL) By Director of.PublAc Works City Clerk Date Date -------------------------- DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By County Highway Engineer Chairman of the Board (SEAL) By County Auditor APPROVED AS TO EXECUTION: COUNTY BOARD RESOLUTION County Attorney No. Date