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.
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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
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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
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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
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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
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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:
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