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Home My WebLink About4.e. Payment to Dakota County for Damages to Enright Propoerty on C.R. 38 � � , CITY OF ROSEMOIINT EXECtJTIVE SUD�IlKPiRY FOR ACTIt?N CITY COUNCIL MEETING DATE: February 2, 1993 AGENDA ITEMs Payment to Dakota County for AGENDA SECTION: Damages to Enright Property on C.R. #38 Consent PREPARED BY: Bud Osmundson AGENDA NO. City Engineer/Assistant Public Works Director � ;�' < ..,: ATTACHMENTS; City Attorney Memo VED BY• � � This item is back on the agenda to consider funding of $24,204 .89 from the Bonds Paid Account (#102-49300-01-530) for payment to Dakota County for expenses incurred for damages to the Enright property on County Road 38 . The decision on paying the invoices was pending the Attorney' s investigation of the Canstruction Agreement between the City and Dakot� County. As stated in the Attorney' s memo, the City is required to pay their 45% share of the damages. Staff recommends payment. RECOI+�II�+IENDED ACTION: MOT30N TO MAKE A PAYMENT OF $24, 204 . 89 OUT OF THE BOND PAID UP ACCOUNT FUND #102-49300-01-530 TO THE DAKOTA COUNTY TREASURER. COUNCIL ACTION: 2 MEMORANDUM TO: MAYOR McMENOMY COUNCIL MEMBERS: KLASSEN STAATS W1Ll.Ct3X WIPPERMANN FROM: MiKE MILES, CITY ATTORNEY DATE: JANUARY 28, 1993 RE: GOUNTY PROJECT NO. G38-04 At the direetion of the City Council, I Mave reviewed the contract between Dakota County and Rosemount regarding improvements to County Road No. 38 to determine if Rosemount is responsible for 45% of the overrun related to that project. Based on this review, l must advise you that I believe the City is Iegally obligated to pay its 45%0 share of additiona! costs incurred. My advice is based on the language of the contract (capy attached) which, without qualification, provides that Dakota county shall pay 55% and the City 45°!0 of ail projected casts including right-of-way acquisitions. Future Recommendation: 7o avoid or, at the least give the City more control over these situations in the future, I woutd suggest the addition of several provisions to project contracts of this type between the City and the County. These clauses, the specifics of which can be worked out with the County, shauid generally deal with the fotlowing: 1 . A clear and detailed project budget and supporting information. 2. A notification system through which the City is informed immediately 'rf a cost overrun is '�'= anticipated and the reasons fior the overrun. 3. A listing of required efforts the County must make to avoid additional costs. 4. A reciprocal indemnification provision making the County and City liable for their negligent acts. Please contact me if you have questions. cc: Steve Jilk, City Administrator Bud Osmundson, City Engineer r" � COUN'1'Y OF DAKOTA � . � Department of Highways �`�\�l ,n .��¢�' AGREEMEN7 FOR HIGHWAY CONSTRUCTION r-�� . �- \� �`� 'I'ffIs AGREEMtNT made this ;�", day of � � � , 1986, by and between the County oE Dakota, a eounty of the State of Minnesota, actiny by and throug}i its County Board of�Commissioners, hereinafter referred to as the "County"; and the City of Rosemount, a Municipal Cargoration of the State of Minnesota, acting by and through its City Council and hereinafter reLerred to as the "City" . c,'HENEAS, hoth the City and County feel that the welfare and safety of their citizens wi11 be well served by the construetion/improvement: '� of the County Road No. 38 t125th Street W. ) , from ta G.S.A.H. 31 to T.H. 3 and identified under one or more of the following: County Project No. G-38-04 - City Project No. - MSAP Project No. 2U8-110-01 NOW THEREFQRE: 1. The County and City hereby agrees to participate in the cost�. of construction of said County Road 38. '! I 2. 'Phe Parties a ree that the costs of en t 9 gineering services . � (design, manageanent and inspection costs according to prevailing 'wage- ! t , races_ plus £ringe banefits and overhead�? ,: grading, retaining walls, � landscaping and rsstotation, drainage, aggregate base, bituminous � '� surface, concrete cur1� and gutter, acquisition of ri_ght of way _ , ' _ � _ � easements and slope easements, and relocation or adjustment o� city `, Y ', __ � - — - � -_ streets, sidewalks, sanitary sewer, stacro sewerT -watermains ann�� — � -. ? appurtznances shall be shared in the amount af fifty-five'percent (�5�) by the County and farty-five �eraent (458) by the City for all areas � - affected by the coastruction/im�covement of County Road 38 within the.- : r above referenced limits. 3. 'Pf�a Parlit�:� ayt�� tl��t L•he cast oE engineering services (�iesiyn, ntanagemznt and inspeetion costs according to prevailing wage t rates plus fringe benefits an�3 overhead� , labor and material for the� instailation ot tratfic control signals and related appurtenances shall � be shared ec�ually in the amount of fifty percent C548) by tt�e County- -� and ficty percent (508) by the City. O1 Fringe k�enefits plus overhead is estimated at 48$. -1- I ! 4. 'Che County agrees to take action to acquire right oF way and slo{�e easements for all land affected by Che project between C.5.A.H. 31 ancl T.tl. 3 alang the North and South sides of County Road 38. The parties further agree that all costs for this acquisition shall be shared on the same basis as outlined in provision 2. 5. Tt�e County agrees to take action to prepare complete grading and paving construction plans ronsistent with 5tate minimum design standards for highway construction and the Dakota County Transportation Policy Plan and in conEormance with the laws af the State of Minnesota. The {�arties also agr�e that all eosts for Rreparation of plans shall be shared on the same basis as outlined in provision 2. 6. The County agrees to participate in the following cost shared items as outlined in provision 2: - Gatch basins and leads for surface water drainage. - Centerline culverts which are open on both ends and are not connected to any major storm structure. Additionally, the County will pay 208 of the cost of other storm sewer ite+ns not to exceed 56,000,00 per mile of county road construetion. 7, fihe City agrees to pay all engineerinq and installation costs for n�w sanitary sewer, watermains and appurtenances, new sidewalks, new city trails, or otlier public utilities installed by the County except as outlined in provision 4. 8. 'The parties agree that payments by the City to the County shall t�e made wittiin 3U (thirty) days after receipt of iCemized invoice or voucher which will be prepared after payment is made to the Contractor by the County and the completed work is certified by the County Enyineer. Thz County will act as the gaying agent £or all �ayments to tlye Conl-ractor, rinal payment L•o the Contractor will be made by tl�� County [ollowing satisfactory completion oE said Contract as approved by both the City and 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 -l- , , _ i claims, and all other apprc�ved claims associated with the construction of said road within thirty (30) days fro�n the presentatian of the claim. '!. 'the City agrees that if at a iater time the necessity arises for excavation of the road to repair or install sewer, water pipe, or other utilities, it Hill have the excavated area Qroperly filled and have the road surface returned to its former condition a£ter the necessary construction is completed, The City further agrees that if it should empioy its own contractor for the above described wat�r, sewer, or other utility projects, that it shall hold the Gounty harmless from any an'3 all liability iacurzed due to the construetion and/or installation o£ said water and sewer pipe, or other utility projecEs. Should the City fail to have the road surface properly replaced, it is hereby agreed that tNe County Highway Engineer may have the work done and the City hereby agrees to pay for it within thirty � f (30) days following receipt of a properly executed bill. � � 10. 'Phe £ity hereby agrees to abide by and enforce any reyulations of the Federal Highway Admini$tratian of the United States of Aiaerica and the Com�nissioner oE Transportation of the State of Minnesota when such regulations apply. 11. The parties agree that the County may partial3y block said ,�' road within the corporate limits of the City at such time as it becomes- necessary for the �erformance of the Contract under this Agreement and, in cases oE emergency, said road may be wholly blocked and the passage oE traffic thereon be prevented by the Co�nty. IN WZTNESS THEREOF, the Gity of Rosemount and the County of Dakota have caused these presents to be executed by their res�ective o£ficers as of the date first above written. -3- CI'PY OF ROSEMOUNT APP�OVfO AS TO FORM: o j , �C'...� ...._-----� By � � � �� n� �-i� �,I t•. � �1� `�.�. . . City Attorne Mayor RECOMMENDED FOR APPROVAL: (SEAL) By D r� of I Publi W rks c o ity Clerk Date ,/�:�-.,J� /� Date � L�^'�� D (� DAKO'tA,, COUNTY RECdM NDED FOR APPROVAL: �""� � �i� ; ;,� , C c c.c BY � � Cou ty liyhway Engineer Chairmdn of the Board {SEAL) �j ' ��,� BY �"/(��c.-�/t�L�� y Auditor C APPR057ED AS TO EXEGUTION: t "� Gounty Board Resolution /'`�fl�►vS� �' - �Xtt�^.'f I�i�tt,r� /t:�tCoui�ty Attorney No. •1j��'� t Date _t/�,/,': pat� ,S- G.- F�<., -4-