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HomeMy WebLinkAboutItem 06.iMarch 29, 2013 Item No. APPROVE JOINT POWERS AGREEMENT WITH DAKO'T'A COUNT' FOR UTILITY REPAIRS AND ADJUSTMENTS, AND BITUMINOUS OVERLAY ON 160TH ST. (CSAH 46) FROM CEDAR AVENUE (CSAH 23) TO PILOT KNOB ROAD (CSAH 31) April 1, 2013 City Council Meeting Praposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers A reement JPA with Dakota County for Utility Repairs and Adiustments and Bituminous Overlay on 160 St, CSAH 46 from Cedar Avenue (CSAH 23) to Pilot Knob Road (CSAH 31), City Project 13 -03. Passage of this motion will establish City and County project responsibilities and costs associated with the 160 Street improvement project. Overview Dakota County is resurfacing 160' Street (mill and bituminous overlay) from Cedar Avenue to Pilot Knob Road and making utility repairs and /or adjustments as required. Construction is scheduled in 2013. Attached is a JPA with Dakota County that identifies the project responsibilities and costs. The City is responsible for 20% of the construction costs for the repairs to catch basins and catch basin manholes and 100% of the construction costs for the repairs to sanitary sewer and water facilities. The City will provide construction observation of the utility repairs. Primary Issues to Consider What is the City's estimated cost? The estimated construction cost of the City's share is $10,415. Surmortine- Information 0 A copy of the Joint Powers Agreement is attached (Contract No. C0024603) ach ns City E ineer Financial Impact: $10,415 Budgeted: Yes Source: Utility Fund — Env. Resources Related Documents (CIP, ERP, etc.): 2013 -2017 Capital Improvement Plan Notes: The Sanitary Sewer and water Operation Utility Funds will provide for sanitary sewer or water repairs. ✓ � '�....., . •. " .. ,.e Contract No. C0024603 JOINT POWERS AGREEMENT DA&OTA CO AGREEMENT FOR UTILITY REPAIRS & ADJUSTMENTS, AND BITUMINOUS OVERLAYS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR COUNTY PROJECT NO. 46 -42 CITY PROJECT NO. 13 -03 FOR THE Repairs and adjustments to city utilities, milling and bituminous overlay on County State Aid Highway (CSAH) 46 (160 Street) from CSAH 23 (Cedar Avenue) to CSAH 31 (Pilot Knob Road) in Lakeville, Dakota County. County Project No.46 -42, City Project No. 13 -03 Contract No. 00024603 February 16, 2013 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County'; and the City of Lakeville, referred to in this Agreement as "the City "; and witnesses the following: WHEREAS, under MINNESOTA STATUTES §§ 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 repair and adjust affected city utilities, and mill and bituminous overlay on CSAH 46 in Lakeville (the "Project "); and WHEREAS, the County and the City have included this Project in their Capital improvement Programs and will jointly participate in the costs of said utility repairs /adjustments. NOW, THEREFORE, it is agreed that the County and the City will share Project responsibilities and costs associated with utility repairs /adjustments, and related activities as described in the following sections: 1. CSAH 46 Resurfacing The County shall be solely responsible for the cost of the milling, bituminous overlay and required utility height adjustments on CSAH 46 from CSAH 23 to CSAH 31, 2. City utility Repairs. The construction costs for the repairs to catch basins and catch basin manholes on CSAH 46 in Lakeville shall be shared in the amount of 80% by the County and 20% by the City. The City shall be responsible for all other costs associated with the utility repairs on CSAH 46 within the City. The City shall be responsible for inspecting and approving the utility repairs. 3. Plans and Specifications. The County shall prepare the complete plans, specifications and contract documents for the milling and bituminous overlay in County Project 46 -42 consistent with State Aid design standards and the Dakota County Transportation Plan. The City shall prepare the plans and technical specifications for the utility repairs to be incorporated 2 County Project No.46 -42, City Project No. 13 -03 Contract No. C0024603 February 15, 2013 into the County plans and specifications. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. 4. Payment 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 the City for its 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. Change 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 both governing bodies and execution of a written amendment document by duly authorized officials of each body. 7. Effective Dates This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2014 8. Final completion Final completion of the construction Project must be approved by both parties. 9. Pavement Maintenance Upon acceptance of the Project, the County shall be responsible for all pavement maintenance within County right -of -way unless necessitated by a failure of a municipal utility system or installation of new facilities. 41 County Project No.46 -42, City Project No. 13 -03 Contract No, C0024603 February 15, 2013 10. 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, sanitary sewer, or other city utilities, the City shall restore the excavated area and road surface to substantially the condition existing immediately prior to the disturbance. If the City employs its own contractor for the above described water, sewer or other utility repair or installation, the 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 the City falls to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 30 days following receipt of a written claim by the County. 11. Rules and Regulations The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 12. Indemnification The County agrees to defend, indemnify, and hold harmless the City 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. The City agrees 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 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. The County shall include the City as additional insured in the contract documents. 13. Acts of Employees Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City for any purpose, including Worker's Compensation, or any and all claims that 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 0 County Project No.46 -42, City Project No. 13 -03 Contract No. C0024603 February 15, 2013 any of the worse contemplated herein shall not be the obligation or responsibility of the City. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the City and any and all claims made by any third party as a consequence of any act or omission on the part of said City employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 14. Audits. Pursuant to MINNESOTA STATUTES § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The County and the City 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. 15. Integration and Continuing 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 City 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 roadway construction provided for in this Agreement. [SIGNATURE PAGE TO FOLLOW] IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE City Engineer (SEAL) Mayor City Clerk Date RECOMMENDED FOR APPROVAL: County Engineer COUNTY BOARD RESOLUTION: APPROVED AS TO FORM: Assistant County Attorney / Date Physical Development Director No: 13 -106 Date: February 26, 2013 Date: