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Home My WebLink About4.A.2. Approval of Cooperative Agreement with the City of Prior Lake for the Pike Lake Road Culvert Replacement CITY OF SHAKOPEE y m sk Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Cooperative Agreement with the City of Prior Lake for the Pike Lake Road Culvert Replacement DATE: December 4, 2012 ACTION SOUGHT: Council approval of attached Cooperative Agreement for the culvert replacement on Pike Lake Road with the City of Prior Lake. BACKGROUND: The culvert under Pike Lake Road which is half in the City of Shakopee and half in the City of Prior Lake has been inspected and has been determined that this culvert needs replacement. With the dry weather conditions from this past last half of the year, this would be an ideal time to replace the culvert which is in the Prior Lake Outlet Channel. Staff has met with Prior Lake staff and they are willing to take the lead in getting the design done and a culvert replaced with the cost of the project to be split 50/50 between the two entities. The City of Prior Lake's attorney has prepared an agreement and our attorney has reviewed. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Cooperative Agreement with the City of Prior Lake for the Pike Lake Road Culvert Replacement 2. Do not approve the Cooperative Agreement. 3. Table for additional information. BUDGET IMPACT: The cost of this project would come out of the surface drainage fund where sufficient funds exist for this expenditure. RECOMMENDATION: Staff would recommend Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to execute the Cooperative Agreement with the City of Prior Lake for the Pike Lake Road Culvert Replacement ■ : ruce Loney, ' . Public Works Director ENGR/20I2PROJECTS/ COUNCIUCostSharingReimbursementPriorLakeCulvert �a _, . ,.. ...•.,:.,....,. „...,,.. . ,.,,• ,_, .. , ' r : r '''' ' Alit r r* ' _a ' V l'. 4 r'''. >ri� a 0 I r Q O . g % N 0: LU _ a 1 v r EXISTING CULVERT LOCATION , .. ..- ._.,..... 1 E N V ir' A . + 4 400. , 111 CITY OF SHAKOPEE '1f K CITY OF PRIOR LAKE li '.11.,,, L ' ' / I, . . t .. 41 t ��; 1, .4 PIM PRIOR LAKE OUTLET DATE: NOV 2012 0 400 aoo DRAWING NO. SHAIKOPEE CHANNEL CROSSING DRAWN BY: RLT - - 1 sruEr aMilletYPiSZSDQINI/ SHAK°PFF FNGINFFRING DFPARTMENT COOPERATIVE AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE CITY OF SHAKOPEE FOR THE PIKE LAKE TRAIL CULVERT REPLACEMENT PROJECT THIS COOPERATIVE AGREEMENT is entered into between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter referred to as "Prior Lake ") and the CITY OF SHAKOPEE, a Minnesota municipal corporation (hereinafter referred to as "Shakopee "), with the parties collectively hereinafter referred to as the "Cities ". WHEREAS, the Cities desire to implement the design and construction of the Pike Lake Trail Culvert Replacement Project in the Cities (the "Project "); and WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. PLANS AND SPECIFICATIONS. The City of Prior Lake has prepared plans and specifications for the Project consistent with the Cities' design standards. The City Engineer of Shakopee shall review and approve plans prior to bidding. 2. BIDDING. Prior Lake will obtain quotes for the construction of the Project in accordance with Minnesota Law and provided Shakopee with an analysis of the quotes received. 3. CONTRACT AWARD. Prior Lake shall prepare contract documents and enter into a contract with the approved bidder. 4. COST ALLOCATION. Shakopee and Prior Lake will each pay one half of the relevant project costs that will include consultant design fees, construction costs and Prior Lake staff time to administer the project. The estimated project cost is $33,500.00. Final costs shall be based on final project quantities and costs for the work. 5. OWNERSHIP. Each party shall own the portion of the Project located within its corporate boundaries. 6. PAYMENT. Prior Lake will act as the paying agent for all payments to the contractor. Payments will be made as the Project work progresses and when certified by the Prior Lake Public Works Director. Prior Lake, in turn, will bill Shakopee for 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 145317v02 1 RNK:05 /01 /2009 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. 7. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Any change orders or supplemental agreements that affect the Project cost payable by Shakopee and changes to the plans must be approved by Shakopee prior to execution of work. 8. RULES AND REGULATIONS. Prior Lake shall abide by Minnesota Department of Transportation Standard Specifications rules and contract administration procedures. 9. INDEMNIFICATION. Prior Lake agrees to defend, indemnify, and hold harmless Shakopee 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 Prior Lake and/or those of Prior Lake employees or agents. Shakopee agrees to defend, indemnify, and hold harmless Prior Lake against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which Shakopee is responsible, including future operation and maintenance of facilities owned by Shakopee and caused by or resulting from negligent acts or omissions of Shakopee and/or those of Shakopee employees or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to permit liability claims against both parties from a single occurrence to be defended by a single attorney. 10. WAIVER. Any and all persons engaged in the work to be performed by one party to this Agreement shall not be considered employees of the other party to this Agreement for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of the employment context on behalf of the 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 one party's employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the other party. 11. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Shakopee and Prior Lake relevant to this Agreement are subject to examination by Shakopee, Prior Lake, and either the Legislative Auditor or the State Auditor as appropriate. Shakopee and Prior Lake agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 12. DATA PRACTICES ACT. The Contracting Party shall at all times abide by the 145317v02 2 RNK:05 /01 /2009 Minnesota Government Data Practices Act, Minn. Stat. Section1301, et seq., to the extent that the Act is applicable to data and documents in the hands of the Contracting Party. 13. CLAIMS. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: ■I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.. 14. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between Shakopee and Prior Lake regarding the Project; whether written or oral. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. CITY OF PRIOR LAKE CITY OF SHAKOPEE BY: BY: Its Mayor Its Mayor AND AND Its City Manager Its City Administrator 145317v02 3 RNK:05 /01/2009