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HomeMy WebLinkAbout5.D.4. Approval of Standard Road Maintenance Agreement between the City and Scott Co. 5.D.ti. CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Standard Road Maintenance Agreement for CSAH 15 and C.R. 77 between the City of Shakopee and Scott County DATE: October 2, 2007 INTRODUCTION: Attached is a Scott County Standard Road Maintenance Agreement between the City of Shakopee and Scott County for maintenance of CSAH 15, from Vierling Drive to 6th Avenue; and C.R. 77 (Fuller Street), from CSAH 78 to the southern City limits. BACKGROUND: Both Scott County and the City of Shakopee Public Works Department have conducted meetings to discuss the efficiency of the City doing maintenance of certain County roadways within the City of Shakopee and how to reimburse the City for those maintenance services. The attached Standard Road Maintenance Agreement does address the maintenance to be performed by the City's Public Works Department on CSAH 15 and on C.R. 77, as described in the agreement and how the City would be reimbursed for those maintenance services. The main maintenance responsibility, within this agreement, is for the City to provide snow and ice control activities, surface maintenance such as pavement repair and street sweeping, drainage maintenance and vegetation control such as mowing, tree trimming and control of toxic weeds. The City's Public Works Department would not be responsible for extra-ordinary maintenance, which is described in the agreement. The County could ask the City to do such work but a separate agreement would be needed between the City and the County to do this work. The County will reimburse the City for actual labor and equipment for maintenance activities required in carrying out this agreement. Staff will need to set up the appropriate financial tracking program in order to invoice the County for those items used in carrying out the maintenance activities and also for future potential audits. The main emphasis for this agreement is to improve the effectiveness of maintenance activities for these two roadways within the City of Shakopee, and primarily the snow and ice control response time. City staff and County staff have met on a regular basis to discuss areas to meet the maintenance responsibilities in a more effective manner for both parties. City staff believes this is would be a win/win situation, as the City Public Works Department can effectively maintain these roadways as we have forces in the area in order to do the work. AL TERNA TIVES: 1. Approve a motion authorizing the appropriate City officials to execute the Scott County Standard Road Maintenance Agreement for CSAH 15 and C.R. 77. 2. Do not authorize the appropriate City officials to execute this agreement. 3. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No.1, as previously stated. This is a more effective way of performing road maintenance activities for both the City and the County. ACTION REOUESTED: Approve a motion authorizing the appropriate City officials to execute the Scott County Standard Road Maintenance Agreement for CSAH 15 and C.R. 77. ~/I ;J~ (~ruce Loney, Public Work BUpmp ENGR/2007PROJECTS/2007COUNCIIJSCOTT -COUNTY-RD.MAINT.-AGREEMENT COUNTY OF SCOTT STANDARD ROAD MAINTENANCE AGREEMENT THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter referred to as "County," and the City of Shakopee, Minnesota, hereinafter referred to as the "City." RECITALS: The parties desire to enter into an agreement relating to the maintenance of County State Aid Highways (CSAH) 15 (Adams Street) from Vierling Drive to 6th Ave, CR 77 (Fuller St) from CSAH 78 to the south City limits (turned back CR 77 north of the City limits), referred to in this agreement as "county roads" located within or near the corporate limits of the City, upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this agreement, the County and the City hereby agree as follows: 1. ScoDe of Services A. The City will maintain those portions of the county roads within or near the corporate limits of the City described as follows, to-wit: CSAH 15 (Adams Street) 3.8 Lane Miles Beginning at Vierling Drive thence north on Adams Street to 6th Ave. Countv Road 77 .78 Lane Miles Beginning at CSAH 78 thence North to the south City limits. B. The maintenance to be performed by the City on the subject county roads shall consist of the following: 1. Maintain said county roads so as to keep them smooth and in good repair for the passage of traffic and free from all obstructions and impediments to traffic. Examples of activities authorized under this agreement are: . Snow and ice control activities such as plowing, applying deicing materials, winging, scraping or hauling snow . Surface maintenance such as , pothole repair and sweeping . Drainage maintenance such as cleaning catch basins, replacing broken grates or castings and curb repair . Vegetation Control such as mowing, tree trimming or removal spraying or mowing noxious weeds, replacing damaged sod, etc. 2. At all times keep them reasonably free and clear from ice, snow, and debris and undertake sanding/salting as needed to achieve bare pavement curb to curb as soon as practicable. Anti icing prior to an expected event is encouraged to prevent a pavement snow compaction bond. 3. Maintenance responsibilities and cost participation for traffic signals is the subject of separate agreements between the City and County and is not covered by this agreement. Maintenance of traffic control devices such as signs and pavement marking will remain the responsibility of Scott County. 4. Furnish all labor, materials, supplies, tools and other items necessary for the performance of all and any of the work provided for in this agreement. C. It shall NOT be the obligation of the City under this agreement to do any work which consists of extraordinary maintenance, (such as crack sealing, chip seals, striping, overlays, lane widening or installation of new signs where none currently exist) construction or reconstruction. In the event that the County should desire the City to do any such work, the parties will enter into separate agreements for the work. Such agreements shall be negotiated as far in advance as possible, preferably one year prior to the anticipated start of the work. D. All materials used by the City in the performance of the work hereunder shall conform to the requirements of the Minnesota Department of Transportation Specifications for Construction, 2005 Edition and all amendments and supplements thereto. E. The City may partially block the county roads subject to this agreement for the period of time necessary for the performance of the services specified herein. In cases of emergency, such county roads may be fully closed to traffic. In the case of an emergency the City shall call 612-790-0827 and notify the on call County Maintenance Supervisor of the situation. At no time, however, shall the City continue to obstruct the free passage of traffic on the county roads for a period of time longer than is reasonably required for making the necessary repairs. Except in cases of emergency, the City shall first give the County ten (10) days notice to the Highway Utility Inspector via e-mail or at 952-496-8487 before commencing or allowing commencement of such installation or repairs or fully closing a County Road. The City shall provide a suitable detour at any time it is necessary to close or totally block traffic from using any county road. Any non-emergency closure of the County Road shall be subject to the conditions of this agreement and shall be noticed in advance to the Highway Utility Inspector. F. All partial and total closures of the described county roads shall be carried out in conformance with the Minnesota Manual on Uniform Traffic Control Devises, and the current edition of Appendix "B", Field Manual 2. ComDensation and Terms of Payment A. Compensation The County will reimburse the City for actual labor, equipment and materials used for maintenance activities required in carrying out this agreement and attached Exhibit B shall be used for the equipment rates. Total annual compensation under this agreement shall not exceed $25,000 unless otherwise approved by the authorized agent of the County. B. Terms of Payment 1. The City shall submit an invoice to the authorized agent of the County for payment of work completed. The authorized agent shall have the authority to review the invoice, and no payment shall be made without the approval of the authorized agent. Payments shall be made within thirty (30) days after receipt of invoice for services performed and acceptance of such services by the authorized agent of the County. The City shall submit invoices to the County on a 6 month basis. (January 15th invoice for work performed July through December, and June 15th invoice for work performed January through June.) 3. Condition of Payment All services provided by the City pursuant to this agreement shall be performed to the satisfaction of the County, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. Payment shall be withheld for work found by the County to be unsatisfactory, or performed in violation of federal, state and local laws, ordinances, rules or regulations. 4. Effectiye Date of Contract This agreement shall be effective upon County Board Approval. 5. Term of Contract This agreement shall remain in effect until October 2, 2010 or until all obligations set forth in this agreement have been satisfactorily fulfilled or unless earlier terminated as provided, whichever occurs first. 6. Authorized Aaents Scott County shall appoint an authorized agent for the purpose of administration of this agreement. The City is notified of the authorized agent of Scott County as follows: Greg Felt, P.E. Operations Engineer Scott County 600 Country Trail East Jordan, MN 55352 952-496-8047 The County is notified the authorized agent for the City is as follows: Bruce Loney Public Works Director City of Shakopee 400 Gorman St. Shakopee, MN 55379 952-233-9361 7. County and State Audit Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (2004), the books, records, documents, and accounting procedures and practices of the City relative to this agreement shall be subject to examination by the County and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement shall be kept by the 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 of Scott 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 notifies the City in writing that the records need no longer be kept. 8. Indemnitv The City agrees to defend, indemnify, and hold the County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney's fees and expenses resulting directly or indirectly from any negligent act or omission on the part of the City, or its subcontractors, partners or independent contractors or any of their agents or employees, in the performance of or with relation to any of the work or services to be performed or furnished by the vendor or the subcontractors, partners or independent contractors or any of their agents or employees under the agreement. The City shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by the City under this agreement. The City shall, without additional compensation, correct or revise any errors or deficiencies in the City's final reports and services. 9. Insurance The City shall maintain public liability coverage protecting itself, its Board, officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims in amounts which shall, at a minimum, comply with Minn. Stat. 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. Subcontracts The City shall not subcontract any portion of the work to be performed under this agreement nor assign this agreement without the prior written approval of the authorized agent of the County. The City shall ensure and require that any subcontractor agrees to and complies with all of the terms of this agreement. Any subcontractor of the City used to perform any portion of this agreement shall report to and bill the City directly. The City shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 11. Force Maieure County and the City agree that the City shall not be liable for any delay or inability to perform this agreement, directly or indirectly caused by or resulting from strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of the City and the County. 12. Data Practices The City, its agents, employees and any subcontractors of the City in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. The City agrees to indemnify and hold the County, its officers, department heads and employees harmless from any claims resulting from the City's unlawful disclosure or use of data protected under state and federal laws. 13. Termination This agreement may be terminated by either party, with or without cause upon 60 days written notice to the City or the Authorized Agent of the County. 14. IndeDendent Contractor It is agreed that nothing contained in this agreement is intended or should be construed as creating the relationship of a partnership, a joint venture, or an association with the County and the City. Neither the City, its employees, agents, subcontractors nor representatives shall be considered employees, agents or representatives of the County. Except as otherwise provided herein, the City shall maintain, in all respects, its present control over the means and personnel by which this agreement is performed. From any amounts due the City, there shall be no deduction for federal income tax or FICA payments nor for any state income tax, nor for any other purposes which are associated with an employer/employee relationship unless otherwise required by law. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of the City. 15. Notices Any notices to be given under this agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to the City at its address stated herein, and to the authorized agent of the County at the address stated herein. 16. Controllina Law 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 herein 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 herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this contract is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 17. Successors and Assians The County and the City, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this agreement. Neither the County nor the City shall assign, sublet, or transfer any interest in this agreement without the prior written consent of the other. 18. Eaual EmDlovment and Americans with Disabilities In connection with the work under this agreement, the City agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this agreement, the City certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and Americans With Disabilities Act Policy, attached hereto and incorporated herein as Exhibit A through both oral and written communications, that it supports this policy and that it will conduct its own employment practices in accordance therewith. Failure on the part of the City to conduct its own employment practices in accordance with County Policy may result in the withholding of all or part of regular payments by the County due under this agreement unless or until the City complies with the County policy, and/or suspension or termination of this agreement. 19. Chanaes The parties agree that no change or modification to this agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this agreement. The execution of the change shall be authorized and signed in the same manner as for this agreement. 20. Severability 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. 21. Entire Aareement It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the County and the City relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF SHAKOPEE (SEAL) By John Schmitt, Mayor Date By Mark McNeill, City Administrator Date By Judy Cox, City Clerk Date COUNTY OF SCOTT ATTEST: By David Unmacht, County Administrator By Barbara Marschall, Chair of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. RECOMMEND FOR APPROVAL: By Pat Ciliberto, County Attorney By Mitchell J. Rasmussen, County Engineer Date Date APPROVED AS TO EXECUTION: By Pat Ciliberto, County Attorney Date mh-w:\word\agrmt\misc\shakopee_roadmaintenancefull cr 77 and csah 15.doc EXHIBIT A POLICY STATEMENT I It is the policy of Scott County Govemment 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. Soott 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 10 public assistance, Such employment practices Include. but are not limited to. the following: hiring, upgrdding, UtlUroliUIl, lIansfer, recruitt'f'lent or recruitment advertising. selection. layoff. disciplinary action, termination, rates of payor other forms of compensation, and selection for training. including apprenticeship. Further, Scott County fully supports incorporation of nondiscrimil'\8oon !\lIes and regulations into contracts and will commit the necessary time and res.ouroes to achieve the goals of Equal Empioyment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures serforth In this Statement and Plan will 00 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 a~o1es 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 Progr:Jm. The&e reeponeibilitiee wllllnclude monitorlng 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. avid J. Unmacht Scott Cot.mty Administrator Date 1/2/007 i' 13CM1.~MJ rnA{4~/fJiR Barbara Marschall Date 1/2/2007 Chair. Board of Commissioners EXHIBIT B Maintenance Agreement CR 77 and CSAH 15 EQUIPMENT RATES for Maintenance Agreement City of Shakopee and Scott County DESCRIPTION RATE WITH OPERATOR PER HOUR 4WD Loader (with or without attachments) $ 95.00 Single Axle Dump Truck 105.00 Motor Grader 135.00 Pick-Up Sweeper 85.00 Single Person Aerial Bucket Truck Two Person Aerial Bucket Truck 65.00 75.00 Tractor Loader Backhoe 90.00 Skid Steer 67.00 Jetter 85.00 VacuumTrailer 85.00 85 HP Mower Tractor with Side and Rear 72.00 60"-84" Turf Mower 55.00 These Rates will be effective through December 2008 and may be updated by request provided they are approved by both authorized agents. Bruce Loney, City of Shakopee Date Greg Felt, County of Scott Date