HomeMy WebLinkAbout4.C.1. Consider Aprroval of the Coooperative Agreement with Scott County on the TH 101/CSAH 61 Southwest Connection Project.Consent Business 4. C. 1.
SIiAKOI'EE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
DATE: 02/18/2014
SUBJECT: Consider Approval of the Cooperative Agreement with Scott County on the TH
101 /CSAH 61 Southwest Connection Project. (D,E)
Action Sought
Approve a motion authorizing the appropriate city officials to execute the Cooperative Agreement
with Scott County for the TH101 /CSAH 61 Southwest Connection Project.
Background
The Counties of Carver and Scott, the cities of Chanhassen and Shakopee along with MnDOT
have been preparing plans for a new elevated bridge crossing over the Minnesota River.
Carver County will be the lead agency for the project and will have an agreement with MnDOT
and Scott County for cost participation. Scott County will have a Cooperative Agreement with
Shakopee for cost sharing items. Cost participation items for Shakopee include providing power
for lights and maintenance of the storm water pond near the Lewis Bridge and DNR parking lot
and maintenance of trail within County right of way including on the bridge.
The current schedule of the project is as follows:
• April 17- Bid Opening
• May 6- Award
a May 15 or later- Construction start date
The City Engineer needs to sign the plans and the City needs to give municipal consent for the
project to move forward.
Recommendation
Staff recommends to approve the Cooperative Agreement.
Budget Impact
Minor impacts to operating and storm drainage funds.
Relationship to Vision
This supports Goals D & E: Maintain, improve and create strong partnerships with other public
and private sector entities; and deliver effective and efficient public services by a staff of
well- trained, caring and professional employees.
Requested Action
Approve a motion authorizing the appropriate city officials to execute the Cooperative Agreement
with Scott County for the TH101 /CSAH 61 Southwest Connection Project.
Attachments: Bridge Location May
TH101 bridge agreement
HIGHWAY 101 COUNTY ROAD 61
FLOOD MITIGATION PROJECT
,S*6mc ion
CP 101 -13
County of Scott
City of Shakopee
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2014, by and
between the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "City" and the County of Scott, a body politic and corporate under the laws of
the State of Minnesota, hereinafter referred to as the " County ".
RECITALS:
A. The County is planning the reconstruction of County State Aid Highway (CSAH) 101 north of the
Minnesota River within the cities of Shakopee and Chanhassen, through State Aid Project No.
070 -701 -009 and County Project No. 101 -13. This Project will raise the road above the 100 -
year floodplain via an approximately 4,100 foot long land bridge, hereinafter referred to as the
'.Project".
B. The above described Project is being coordinated with improvements on Trunk Highway 101
and CSAH 61 in Carver County. Partner agencies include Carver County (lead agency),
Minnesota Department of Transportation, City of Shakopee, and City of Chanhassen.
C. The above described Project portion of interest lies within the corporate limits of the City of
Shakopee.
D. The County has received state funds from the Chapter 152 Flood Mitigation Bonding and Local
Road Improvement Program. Scott and Carver Counties are cost sharing the remaining funds
for the land bridge improvements on CSAH 101 and TH 101.
E. The land bridge will include the installation of street lights as a safety component on the Scott
County portion of the Project.
F. A stormwater pond and associated stormwater facilities will be installed on the Scott County
portion of the Project to provide treatment of stormwater runoff from the subject land bridge.
G. The City has expressed its willingness to participate in the long -term maintenance of the lighting
components and stormwater facilities for the Project.
H. 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.
CP 101 -13
County of Scott
City of Shakopee
NOW, THEREFORE, IT IS HEREBY AGREED:
1. The County will be responsible for all construction costs associated with the Project in Scott County
above and beyond the state funds and agreed upon cost participation with Carver County. This
includes the Project's associated street lights and stormwater facilities.
2. The City shall provide and /or perpetuate an adequate electrical power supply to the street lights
installed as part of this Project and upon completion of said new street lights installations shall provide
and /or continue to provide necessary electrical power for its operations at the sole cost and expense of
the City.
3. The City shall be responsible for the maintenance and replacement of the aforementioned street lights
including the luminaire and all its components at the sole cost and expense of the City.
4. The City is responsible for the maintenance of the municipal utilities and stormwater pond and
associated infrastructure including detention/treatment basins.
5. The City is responsible for maintaining trails within the County highway right -of -way. The County will
not provide snow /ice removal and /or sweeping on the trails. This includes the trail on the CSAH 101
Bridge.
6. The City is responsible for maintaining the maintenance path under the bridge to the archery range.
7. Neither the County nor the City will bill for, nor expect to be reimbursed for, in -house staff time and
expenses incurred on the project delivery or construction of the Project.
8. 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.
9. 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.
10. 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.
11. 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
CP 101 -13
County of Scott
City of Shakopee
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.
12. 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.
13. 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 parry 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.
14. 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.
15. 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
CP 101 -13
County of Scott
City of Shakopee
employees while so engaged shall be the sole responsibility of the County and shall not be the
obligation or responsibility of the City.
16. 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 ".
17. 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.
18. 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.
19. 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.
20. 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.
21. 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 101 -13
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.
(SEAL)
Brad Tabke, Mayor
CITY OF SHAKOPEE
And
Mark McNeill, City Administrator
COUNTY OF SCOTT
ATTEST:
By By
Gary L. Shelton, County Administrator Thomas J. Wolf, Chair of Its County Board
Upon proper execution, this Agreement
will be legally valid and binding.
By
Pat Ciliberto, County Attorney
Date
APPROVED AS TO EXECUTION:
By
Pat Ciliberto, County Attorney
Date
RECOMMEND FOR APPROVAL:
By
Mitchell J. Rasmussen, County Engineer
Date
http :llteamscoopldivlCommunitySvcsl contractsl PDProjectContracts /CP101- 13_Shakopee Coop.docx
EXHIBIT A — UPDATE wf 2014 POLICY STATEMENT
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 responsibilities 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 -8103.
—f1-/3
L. elton Date
Scott County Administrator
Si3
Thomas J. Wolf Date
Chair, Board of Commissioners
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