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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