HomeMy WebLinkAbout6.j. Amendment 1 to Joint Powers Agreement – Mississippi River Greenway, City Project ENG 0152\\rsm-file\Common\City Clerk\Agenda Items\Approved Items\6.j. Amendment 1 to Joint Powers Agreement – Mississippi River Greenway, City Project ENG 0152.docx
EXECUTIVE SUMMARY
City Council Regular Meeting: January 17, 2023
AGENDA ITEM: Amendment 1 to Joint Powers
Agreement – Mississippi River
Greenway, City Project ENG 0152
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, City Engineer AGENDA NO. 6.j.
ATTACHMENTS: Amendment 1 to Joint Powers
Agreement between Dakota County and
the City of Rosemount
APPROVED BY: LJM
RECOMMENDED ACTION: Motion Approving Amendment 1 of the Joint Powers
Agreement between Dakota County and the City of Rosemount to perform final design,
right of way acquisition, construction, use, maintenance and operation for the Mississippi
River Greenway
BACKGROUND
Attached for City Council review and approval is Amendment 1 to the Joint Powers Agreement (JPA) for
performing final engineering, right of way acquisition construction, use, maintenance, and operation of the
Mississippi River Greenway.
Dakota County has completed final design and engineering for the construction of the 2.3-mile segment
of Mississippi River Greenway along Pine Bend Trail. The project includes a grade separated crossing
under Pine Bend Trail, two at-grade railroad crossings, one at-grade crossing of Pine Bend Trail and
improvements to Pine Bend Trail from Trunk Highway 55 to Fahey Ave.
At their November 15, 2022 meeting City Council approved an agreement with Union Pacific Railroad
(UPRR) for an at grade crossing meeting and encroachment into UPRR’s right of way. These crossing
improvements are estimated to cost $167,549.00 and the encroachment is $122,748.00. Dakota County
has agreed to cover 100% of these costs, and this amendment memorializes that agreement.
In addition, Amendment 1 extends the effective dates for design and construction from December 31,
2022 to June 1, 2024. Finally, some minor changes to cost contributions for stormwater maintenance are
included.
The City Attorney has reviewed the document and had no comments.
RECOMMENDATION
Staff recommends City Council approval of the Joint Powers Agreement and authorization to execute it.
Dakota County Contract #C0032665-1
FIRST AMENDMENT TO
JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF ROSEMOUNT FOR
FINAL ENGINEERING, RIGHT OF WAY ACQUISITION AND CONSTRUCTION
AND
USE, MAINTENANCE AND OCCUPANCY OF MISSISSIPPI RIVER GREENWAY: ROSEMOUNT
EAST LOCATED IN THE CITY OF ROSEMOUNT
WHEREAS, effective January 8, 2021, the County of Dakota (County) and City of Rosemount(“City”)
entered into a JOINT POWERS AGREEMENT (“JPA”) for the final engineering, right of way
acquisition, construction and use, maintenance and occupancy of Mississippi River Greenway:
Rosemount East; and
WHEREAS, the parties desire to amend the JPA to allocate costs associate with the Public Highway
At-Grade Crossing, Pedestrian Trail and Encroachment Agreement (Exhibit “C”)(the “Crossing
Agreement”) to be executed by City and Union Pacific Railroad Company (the “Railroad”); and
WHEREAS, the parties also desire to amend the JPA to extend the expiration date from December
31, 2022 to June 1, 2024; and
WHEREAS, the parties also desire to amend the JPA to clarify obligations related to stormwater
maintenance; and
WHEREAS, the JPA provides that any amendments shall be valid only when expressed in writing and
duly signed authorized representatives of both parties.
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree as
follows:
1. To amend Section 5 Construct Cost, b. to add:
iii. The Crossing Agreement contemplates some construction to be completed
under the construction contract administered by the County and other
construction to be completed by the Railroad. The County shall cover 100
percent of the portion completed by the Contractor procured by the County in
accordance with Section 5.b.i. of the JPA. The County shall reimburse the City
100 percent of the construction costs under Section 7 of the Crossing
Agreement invoiced to the City by the Railroad for work performed by the
railroad, currently estimated at $167,549. County will ensure that the Contractor
complies with the requirements of the Crossing Agreement. The County shall
pay the $122,748 to be paid to Union Pacific Railroad Company associated with
the rights of encroachment in Section 2 of the Crossing Agreement.
2. To amend Section13. Effective Dates for Design and Construction of Project to replace
reference to “December 31, 2022” with “June 1, 2024”.
3. Sections 16 and 16a shall be subject to the County’s cost contribution obligations in Paragraph
2 of the Stormwater Maintenance Agreement (Exhibit “D”) to be executed by the City, County
and Mosaic Crop Nutrition LLS.
2
4. All other terms of the JPA between the County and City shall remain in full force and effect
unless otherwise amended or terminated in accordance with law or the terms of the Contract.
5. In any case where this Amendment conflicts with the earlier Contract, this Amendment shall
govern.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
CITY OF ROSEMOUNT
RECOMMENDED FOR APPROVAL:
__________________________ By_________________________
Public Works Director Mayor
(SEAL)
APPROVED AS TO FORM: By_________________________
City Clerk
_________________________________ Date_______________________
City Attorney
DAKOTA COUNTY
RECOMMENDED FOR APPROVAL:
By
Physical Development Director
__________________________ Date________________
Parks, Facilities & Fleet Management Director
APPROVED AS TO FORM:
Assistant County Attorney Date
KS-
COUNTY BOARD RESOLUTION
No. 22-466 Date: November 1, 2022