Loading...
HomeMy WebLinkAbout6.g. Dakota County JPA for 33-10 AV & Rosemount �CROSEMOLINT EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: May 15, 2012 AGENDA ITEM: Dakota County JPA for 33-10 AV & AGENDA SECTION: Rosemount Consent PREPARED BY: Andrew J. Brotzler, PE, Director of u lic AGENDA NO. �Q Works/City Engineer � ` ATTACHMENTS: Agreement APPROVED BY: RECOMMENDED ACTION: Motion to Approve Agreement and Authorize Necessary Signatures. ISSUE Consider approval of Joint Powers Agreement QPA) with Dakota County for the construction of a concrete median and crosswalk on CR 33 (Diamond Path) at 145`'' Street and cost participation. BACKGROUND The attached JPA with Dakota County is presented to Council for work to be completed by Dakota County and its contractors to install a concrete median on CR 33 (Diamond Path) at 145�' Street to facilitate the striping and signing of a pedestrian crosswalk at this location. The estimated City cost participation is $7,000 to $8,000 which represents 22 '/z% of the project cost associated with the construcrion of the median and striping of the crosswalk. As CR 33 is on the border with Apple Valley, 22 '/a% is proposed to be charged to Apple Valley as well to comprise a 45% local cost share in accordance with Dakota County's cost pa.rriciparion policy. This project was discussed with Council in early 2011. At that time, preliminary estimates indicated each city's cost to be $17,000 so the estimated cost has been reduced significandy from these early estimates. This is a project that is valuable to the City and will address a matter that has been brought to our attention by a number of residents over the years to improve the safety for pedestrians cxossing CR 33 at 145�' Stteet. SUMMARY This agreement has been reviewed by the City attorney. Staff requests Council approval of this agreement. G:\Dakota Counry\20120515 CC Dakota Counry JPA Eor 33-10 AV & Rosemountdocs Contract No's: AV C0023901 Rosemount C0023902 JOINT POWERS AGREEMENT DAKOTA COUNTY TRANSPORTATION DEPARTMENT AGREEMENT FOR MILLING, BITUMINOUS OVERLAY, AND MEDIAN CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA, THE CITY OF APPLE VALLEY AND THE CITY OF ROSEMOUNT FOR COUNTY PROJECT NO. 33-10 FOR THE Milling and bituminous overlay on County State Aid Highway (CSAH) 33 (Diamond Path) from CSAH 42 to 138 Street and median and crosswalk construction on CSAH 33 at 145"' Street in Apple Valley and Rosemount, Dakota County. County Project No. 33-10 May 9, 2012 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County"; the City of Apple Valley, referred to in this Agreement as "Apple Valley"; and the City of Rosemount, referred to in this Agreement as "Rosemount"; and witnesses the following: WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to mill and overlay the bituminous road surface on CSAH 33 and construct median and crosswalk at CSAH 33 and 145 Stceet in Apple Valley and Rosemount (the "Project"); and WHEREAS, the County and the Cities have included this Project in their Capital Improvement Programs and will participate in the costs of said Project. NOW, THEREFORE, it is agreed that the County and the Cities will share Project responsibilities and costs associated with CSAH 33 resurfacing, median and crosswalk construction, and related activities as described in the following sections: 1. CSAH 33 Resurfacinq. The County shall be solely responsible for the costs of the milling and bituminous overlay on CSAH 33 from CSAH 42 to 138 Street. 2. CSAH 33 Median Construction. The costs for the construction of the median and crosswalk on CSAH 33 (Diamond Path) at 145 Street shall be shared in the amount of fifty-five percent (55%) by the County, twenty-two and one half percent (22.5%) by Apple Valley, and twenty-finro and one half percent (22.5%) by Rosemount. Cost sharing items include pavement removal, aggregate base, concrete curb and gutter, concrete walk, bituminous patching, and crosswalk pavement markings. 2 County Project No. 33-10 May 9, 2012 3. Plans and Specifications. The County shall prepare the complete milling, paving and median plans and specifications and contract documents for County Projects 33-10 consistent with State Aid design standards and the Dakota County Transportation Plan. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. 4. Pavment. The County will administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as the Project work progresses and when certified by the County Engineer. The County, in turn, will bill each City for the City's share of the Project costs. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency 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 receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 5. Chancte Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost participation must be approved by all parties prior to execution of work. 6. Amendments. Any amendments to this Agreement will be effective only after approval by all governing bodies and execution of a written amendment document by duly authorized officials of all bodies. 7. Effective Dates. This Agreement will be effective upon execution by duly authorized officials of all governing bodies and shall continue in effect until all work to be carried out in accordance with 3 County Project No. 33-10 May 9, 2012 this Agreement has been compieted. Absent an amendment, however, in no event wi11 this Agreement continue in effect after December 31, 2013. 8. Pavement Maintenance. Upon acceptance of the Project, the County shall be responsible for all pavement, median and crosswalk maintenance within County right-of-way unless necessitated by a failure of a municipal utility system or installation of new facilities. 9. Subsequent Excavation. After completion of the Project, and after expiration of the warranty period regarding repair, if excavation within the highway right-of-way is necessary to repair or install water, sewer, or other city utilities, the respective City shall restore the excavated area and road surface to substantially the condition at the time of disturbance. If either City employs its own contractor for the above described water, sewer or other utility repair or installation, that City shall hold the County harmless from any and all liability incurred due to the repair or installation of said water, sewer or other municipal utility including, but not limited to, the costs of repair as well as liability to third parties injured or damaged as a result of the work. If that City fails to have the highway properly restored, the County Engineer may have the work done and that City shall pay for the work within 30 days following receipt of a written claim by the County. 10. Rules and Requlations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 11. 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 negligent acts or omissions of the County and/or those of County 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 negligent acts or omissions of the City and/or those of City employees or agents. All parties to this Agreement 4 County Project No. 33-10 May 9, 2012 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. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 12. Waiver. Any and all persons engaged in the work to be performed by the County shall not be considered employees of either City for any purpose, including Worker's Compensation, or any and alf claims thaf may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said County employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of either City. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of either City. 13. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the Cities relevant to the Agreement are subject to examination by the County or the Cities and either the Legislative Auditor or the State Auditor as appropriate. The County and the Cities agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. Dakota County will be financially responsible for the cost of the audit. 14. Intectration and Continuinq Effect. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the County and the Cities regarding the Project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect in accordance with the Dakota County Transportation Plan after completion of the median construction provided for in this Agreement. N:IHighwaylAGRMEN712012133-10AV & Rosemount C0023901 & C0023902.doc 5 County P�oject No. 33-10 May 9, 2012 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF APPLE VALLEY RECOMMENDED FOR APPROVAL: By Mary Hamann-Roland Mayor Public Works Director (SEAL) APPROVED AS TO FORM: By City Clerk City Attorney Date --------------------------------------------------------------------------------------------------------------------------- CITY OF ROSEMOUNT RECOMMENDED FOR APPROVAL: By William H. Droste Mayor Public Works Director (SEAL) APPROVED AS TO FORM : By City Clerk City Attorney Date 6 County Project No. 33-10 May 9, 2012 DAKOTA COUNTY RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: County Engineer Assistant County Attorney / Date By: Lynn Thompson Physical Development Director COUNTY BOARD RESOLUTION: No: 12- Date: May 8, 2012 Date: 7