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HomeMy WebLinkAbout4.C.3. Authorize the Execution of Cooperative Agreement with Scott County for the TH169 & CR69 Interchange Project. (D) NWMW-A'L Consent Business 4. C. 3. S6 J AKOPE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director DATE: 10/01/2013 SUBJECT: Authorize the Execution of Cooperative Agreement with Scott County for the TH169 & CR69 Interchange Project. (D) Action Sought Authorize the Execution of Construction Cooperative Agreement with Scott County on the TH169 & CR69 Interchange Project. Background Scott County has obtained funds for the State to construct an interchange at the TH169 and CR69. The plans are complete and bids scheduled to go on October 8, 2013. Attached is the construction cooperative agreement and cost estimates sharing the road costs to the City. The costs include local share of Storm sewer, bridge lighting and bituminous trail on the northeast corner of the interchange. The City will also be responsible for maintaining the Vierling Drive connecting for snowplowing as the temporary road will be utilized for detour routes. The cost participation items are for storm sewer which will be paid out of the Storm Drainage Fund and bridge lighting and trail which will be paid out of the Capital Improvement Fund (CIF). The estimated cost is $149,000.00 and preciously staff has estimated$400,000 for this project. Recommendation Authorize the execution of the construction cooperative agreement with Scott County for the TH169 & CR 69 interchange project. Budget Impact Project was included with 2013-2017 CIP and will be funded with Storm Drainage Funds, Capital Improvement Funds and the participation amount is less than previously estimated. Relationship to Vision This supports Goal D: Maintain, improve and create strong partnerships with other public and private sector entities. 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RECITALS: A. The County is planning the construction of an interchange at the intersection of Trunk Highway (TH) 169 at County Highway (CH) 69 in the City of Shakopee and Township of Jackson, through State Project No. 7005-97 and County Project No. 69-03. This Project will improve safety and mobility on the corridor by removing a signal, as shown on the Engineering Plans. These plans are hereinafter referred to as the "Project". B. The above described Project lies adjacent to the corporate limits of the City of Shakopee and in the City's planned growth area. C. The County Engineer has prepared an engineer's estimate of quantities and unit prices of material and labor for the above described Project and an estimate of the total cost for contract work is the sum of One Hundred Forty-nine Thousand Five Hundred Ninety-three dollars and Sixty cents ($149,593.60). D. A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereof. E. It is contemplated that said improvement work shall be carried out by the parties under the provisions of Minn. Stat. Sec. 162.17, subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection; and shall construct an interchange at the intersection of Trunk Highway (TH) 169 at County Highway (CH) 69 in the City of Shakopee. Such reconstruction, as described immediately above, shall be identified and accomplished under County Project No. CP 69-03, hereinafter referred to as the "Project", all in accordance with said Project plans and specifications which plans and specifications are by this reference made a part hereof. CP 69-03 County of Scott City of Shakopee 2. The term "Specifications", as used herein, shall mean the 2005 Edition of the Minnesota Department of Transportation's "Standard Specifications for Construction", including any updates, and the Project's special provisions. The County or its agents shall advertise for bids for the work and construction of the aforesaid Project No. CP 69-03, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by reference made a part thereof. 3. The County shall have overall authority to administer the contract and inspect the construction of the contract work for the Project. The County shall have ultimate authority in initiating and determining change orders, supplemental agreements and final quantities. The City Engineer shall cooperate with the County Engineer and his staff at their request, to the extent necessary, but shall have no other responsibility for the supervision of the work, except in regards to inspection of any City owned utilities and any roadway construction on City owned streets. 4. The City shall reimburse the County for its share of the construction cost of the contract work for said Project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "B". It is further agreed that the Summary Estimate of costs referred to in this Agreement are estimates of the construction costs for the contract work on the Project and that the unit prices set forth in the contract with the successful bidder, and the final quantities as measured by the County Engineer, shall govern in computing the total final contract construction costs for apportioning the cost of the Project according to the provisions of this paragraph. 5. The City shall be responsible for the local share of storm sewer, bridge lighting, and also any aesthetic construction costs related to the bridge and bridge lighting that exceed the aesthetic allowance for State funding or are determined not to be eligible under MnDOT policy. 6. The City shall be responsible for the local share of trail construction on the east side of CH 69 from the north ramp termini to Vierling Drive. 7. The County shall not provide snow/ice removal on the trails along CH 69. 8. The City is responsible for maintenance or replacement costs that are determined by MnDOT policy to be a local responsibility for the lighting and aesthetic features related to the bridge. 9. The County shall not participate in any mowing or graffiti removal maintenance on the non-highway side of the noisewall. 10. The City will permit use of Vierling Drive for a detour route and perform any snowplowing of the temporary Vierling Drive segment. 11. The City shall, based on the contract price, deposit with the Scott County Treasurer one hundred percent (100%) of the estimated City's share of the construction and engineering costs as partial CP 69-03 County of Scott City of Shakopee payment within sixty (60) days after award of contract. The final amount of the City's share of construction and engineering costs of the Project shall be determined based on actual quantities measured in the field. Any additional amount due shall be paid to the County upon submittal to the City of the County's final, itemized, statement of the Project costs. 12. In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this Agreement shall be submitted, upon agreement of both parties, to mediation, with the cost being shared equally. 13. Since each party recognizes each other as a political subdivision of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 14. All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the activities of the County or City pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 15. Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 16. It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. CP 69-03 County of Scott City of Shakopee 17. It is further agreed that each party to this Agreement shall not be responsible or liable to the other or to any other person or entity for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 18. It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged shall be the sole responsibility of the City and shall not be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged shall be the sole responsibility of the County and shall not be the obligation or responsibility of the City. 19. The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this Agreement as though fully set forth herein. See Exhibit "A". 20. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5, the books, records, documents, and accounting procedures and practices of the County and City pursuant to this Agreement shall be subject to examination by the County, City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the County and City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County or the City regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County or City notifies each party in writing that the records no longer need to be kept. CP 69-03 County of Scott City of Shakopee 21. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties shall be in the appropriate federal court within the State of Minnesota. 22. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 23. The County's Authorized Agent for the purpose of the administration of this Agreement is Maria A. Heller, Supervisor Admin Services, or her successor. Her current address and phone number are Scott County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8369. 24. The City's Authorized Agent for the purpose of the administration of this Agreement is Bruce Loney, Public Works Director, or his successor. His current address and phone number is 129 South Holmes Street, Shakopee, MN 55379, (952) 233-9361. Any change in name, address, or telephone shall be noticed to the other party. CP 69-03 County of Scott City of Shakopee IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By And Brad Tabke, Mayor Mark McNeill, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By Gary L. Shelton, County Administrator Thomas J. Wolf, Chair of Its County Board Date Date Upon proper execution, this Agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Pat Ciliberto, County Attorney Mitchell J. Rasmussen, County Engineer Date Date APPROVED AS TO EXECUTION: By Pat Ciliberto, County Attorney Date http://teamscoop/div/CommunitySvcs/contracts/PDProjectContracts/CP 69-03_Shakopee Coop.docx EXHIBIT A POLICY STATEMENT It is the policy of Scott County Government to provide Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363. Scott County will not engage in any employment practices which discriminate against or harass any employee or applicant for employment because of race, color,creed, religion, national origin, sex,disability, age, martial status, sexual orientation,or status with regard to public assistance. Such employment practices include, but are not limited to,the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action,termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Further, Scott County fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employment Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363, will be subject to appropriate contractual sanctions. Scott County has designated the Employee Relations Director as the manager of the Equal Opportunity Program. These resposibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State, and local agencies. The Scott County Administrator will receive and review reports on the progress of the program. If any employee or applicant for employment believes he or she has been discriminated against, please contact the Scott County Employee Relations Director, Scott County Employee Relations, Government Center Room 201, 200 Fourth Avenue West, Shakopee, Minnesota 55379-1220,or call(952)496-8101 t, elton Date Thomas J.Wolf Date Scott County Administrator Chair, Board of Commissioners