HomeMy WebLinkAbout13.B.1. Consider Approval of County Cooperative agreement for C.R. 101 Bridge Replacement ~6• I1
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Consider Approval of County Cooperative Agreement for
C.R. 101 Bridge Replacement
DATE: January 15, 2008
INTRODUCTION:
Attached is a County Cooperative Agreement between the City and the County on cost
participation for the C.R. 101 Bridge Replacement Project.
BACKGROUND:
Previously, City Council adopted a motion to participate in the aesthetic costs of the
bridge being lighting, railing, monuments and trail under the bridge.
On September 18, 2007 City Council approved the direction for painted light poles versus
Corten Steel unpainted poles and for the words "Historic Shakopee" at a font size that
can be used on the north and south sides of the bridge.
Exhibit "C" shows the City's cost of the improvements and the total cost is estimated to
be $106,480.00 including engineering costs for the lighting, monuments and trail under
the bridge. Railing costs are now paid 100% by State turnback funds. Plan sheets are
included for the proposed detour utilizing Sarazin Street and 4th Avenue.
By approving the Cooperative Agreement, the plans are approved including the detour
using City streets. Most of the traffic on C.R. 101 are mostly cars with trucks on T.H.
169 for the most part. The traffic volumes for C.R. 101 in this area is approximately
15,000 vehicles per day.
Initially, County and City staff felt a detour to minimize the inconvenience to businesses
along C.R. 101 would be the best. In review of the traffic counts on C.R. 101, there are
two other options for detours being as follows:
1. County Road detour - C.R. 101 to C.R. 83 to 17th Avenue to C.R. 17 to C.R. 101.
2. Modified County/City detour - C.R. 101 to C.R. 83 to Eagle Creek Boulevard
(Old C.R. 16) to C.R. 17.
Staff is more comfortable with Option No. 2 detour with the fact that motorists can still
use other routes such as Shenandoah Drive and Sarazin Street to 4~` Avenue and then to
CSAH 17. Staff would recommend the official detour to be C.R. 101 to C.R. 83 to Eagle
Creek Boulevard to C.R. 17 to C.R. 101 due to the volume of traffic.
On the lighting for the bridge, staff would like to update the Council on the light poles
and fixtures that are proposed and get final direction from. Council before going to bid.
The current approval is to use painted light poles and staff will present options. For these
lights to be supported by Shakopee Public Utilities Commission, a formal approval and
establishment of a Special Lighting District.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute the County Cooperative
Agreement for C.R. 101 Bridge Replacement.
2. Do not authorize the appropriate City officials to execute this agreement.
3. Table for additional information.
4. Provide direction on detour of traffic and light pole and fixture for the project.
RECOMMENDATION:
Staff recommends Alternative No. 1, as the County Cooperative Agreement has been
prepared which includes the costs, as previously requested by the City Council, for the
project. Council should provide direction on which detour route to use for the bridge
replacement project and on lighting pole and fixture.
ACTION REQUESTED:
1. Authorize the appropriate City officials to execute the County Cooperative
Agreement for the C.R. 101 Bridge Replacement.
2. Provide direction on official detour and light pole and fixture.
Bruce Loney
Public Works Director
BL/pmp
ENGR/2008PROlECTS/2008COUNCIL/C.R.101-BRIDGE-REPLACEMENT-AGREEMENT
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7-73
SAP 70-701-03 CTB
CP 101-02
County of Scott
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20_, by and between
the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred
to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of
Minnesota, hereinafter referred to as the "City".
RECITALS:
A. The County and the City seek to improve bridge 5944 on CSAH 101 as shown on the County
Engineer's plans for SAP 70-701-03 CTB which improvement contemplates and includes bridge
construction and other related improvements (hereinafter referred to as the Project).
B. The above described Project lies within the corporate limits of the City.
C. The County Engineer has prepared an engineer's estimate of quantities and unit prices of material and
labor for the above described Bridge Project and an estimate of the total cost for contract work in the
sum of one million two hundred five thousand eight hundred fifty six dollars and no cents
($1,205,856.00).
A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereof.
D. The City proposes to include aesthetic items to the bridge, in conjunction with SAP 70-701-03 CTB,
which improvements contemplate and include lighting, special railing, special concrete treatment and
an entry monument.
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 or its agents shall advertise for bids for the work and construction of the aforesaid Project
No. SAP 70-701-03 CTB, 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 form contract, including the plans and specifications prepared by the County or its
agents, are incorporated as Exhibit D.
1
SAP 70-701-03
CP 101-02
County of Scott
2. 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.
3. The City shall reimburse the County for its share in 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 the attached and incorporated Exhibit "C". It is further agreed that the Engineer's Estimate referred
to in this agreement is an estimate of the construction cost 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 cost for apportioning the cost of the
Project according to the provisions of this paragraph.
4: In addition to payment of the City's proportionate share of the contract construction cost, the County and
the City further agree to share costs designated as Preliminary Engineering, which includes all costs of planning,
design and preparation of plans and specifications, in an amount of ten percent (10%) of the cost of
construction. The County and City further agree to share costs designated as Construction Engineering, which
includes the complete staking, inspection and supervision of the construction, in an amount of eight percent
(8%) of the final contract amount. The County and City further agree to share the costs of the County's
administration of the City contract work, which includes coordination with the contractor, processing of
payment, and preparation of contract documents (change orders/supplemental agreements), in an amount of
three percent (3%) of the final City contract amount. Participation of the aforementioned engineering costs by
the City shall be for the City's aesthetic items for the bridge.
The cost of the aesthetic items in which the City shall participate shall be based on the unit prices in the
contract and the final construction quantities as determined by the Project Engineer in charge.
2
SAP 70-701-03
CP 101-02
County of Scott
5. 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 payment within thirty
(30) days after award of contract or execution of this Agreement, whichever is later.
The final amount of the City's share of construction and engineering costs of the Project shall be
determined upon completion of the Project and any amount remaining due to the County shall be reflected in the
County's final, itemized, statement of the Project costs submitted to the City. In the event the initial payment
exceeds the City's share of these final costs, such overpayment shall be returned to the City by the County.
6. The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of
these reports shall be furnished to the City upon request.
7. 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.
8. Since each parry 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.
9. All records kept by the City and the County with respect to the Project shall be subject to examination by
the representatives of each parry. 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.
10. The County reserves the right not to issue any permits for a period of five (5) years after completion of
the Project for any service cuts in the roadway surfacing of the County Highway included in the Project for any
installation of underground utilities which would be considered as new work; service cuts shall be allowed for
the maintenance and repair of any existing underground utilities.
3
SAP 70-701-03
CP 101-02
County of Scott
11. The City further agrees to provide any and all permanent or temporary right-of--way on City owned
property needed by Scott County for the completion of the Project.
12. The City shall, at its own expense, remove and replace all City owned signs that are within the
construction limits of the Project.
13. Upon completion of the Project, the City, at its expense, shall maintain all storm sewer and
appurtenances, including all storm water quality (NURP) ponds.
14. 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.
15. 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.
4
SAP 70-701-03
CP 101-02
County of Scott
16. 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.
17. 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.
18. 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 the attached Exhibit "A".
19. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5 (2004}, 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.
5
SAP 70-701-03
CP 101-02
County of Scott
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.
20. 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.
21. Tn 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 parry as a waiver of a subsequent breach of the same by the other
p~3'•
22. The County's Authorized Agent for the purpose of the administration of this Agreement is Maria A.
Heller, Public Works Technician, or her successor. Her current address and phone number are Scott County
Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8369. The City's Authorized
Agent for the purpose of the administration of this Agreement is Bruce Loney, or his successor. His current
address and phone number are 129 South Holmes Street, Shakopee, MN 55379. (952) 233-9361. Any change
in name, address, or telephone shall be noticed to the other party.
6
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
John Schmitt, Mayor Mark McNeill, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By BY
David Unmacht, County Administrator Robert Vogel, 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
W:IWORD~PROJECT~CP 101-02Wgreement 101-02_Bridge.doc
EXHIBIT A
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EXHIBIT B
Bridge Cost Estimate
Scott County
CSAH 101 Bridge Replacement 1io8ios
Bridge No. 70542
West East Total Unit
Item No. Item Unit Abut. Abut. Super. Quant. Price Total
2021.501 Mobilization LS 1 $60,000 $60,000
2104.601 Remove Regulated Waste LS 1 $10,000 $10,000
2104.601 Remove Miscellaneous Structures LS 1 $50,000 $50,000
2301.601 Bridge Approach Panels LS 1 $60,000 $60,000
2401.501 Structural Concrete (1A43) CY 100 100 200 $325 $65,000
2401.501 Structura{ Concrete (3Y43) CY 78 78 0 156 $400 $62,400
2401.512 Bridge Slab Concrete (3Y36) SF 9,559 9,559 $13.50 $129,047
2401.513 Type Mod. P-1 Railing Concrete (3Y46) LF 309 309 $60 $18,540
2401.515 Sidewalk Concrete (3Y46) SF 3,156 3,156 $11.00 $34,716
2401.521 Structure Excavation, Class R CY 50 50 $100 $5,000
2401.541 Reinforcement Bars LBS 6,085 6,085 12,170 $0.95 $11,562
2401.541 Reinforcement Bars (Epoxy Coated) LBS 6,660 6,660 88,050 101,370 $1.00 $101,370
2401.601 Slope Preparation LS 1 $20,000 $20,000
2401.601 Structure Excavation LS 1 $10,000 $10,000
2402.583 Ornamental Meta{ Railing Type Special LF 276 276 $150 $41,400
2402.595 Bearing Assembly Each 18 18 $650 $11,700
2404.501 Concrete Wearing Course (3U17A) SF 9,933 9,933 $4.00 $39,732
2405.502 Prestressed Concrete Beams, Type MN54 LF 1,002 1,002 $160 $160,320
2405.511 Diaphragms for Type MN54Prestr. Beams LF 161 161 $50 $8,050
2411.601 Entrance Monument LS 1 $25,000 $25,000
2411.601 Concrete Trail LS 1 $18,000 $18,000
2442.501 Remove Old Bridge LS 1 $25,000 $25,000
2452.510 Steel H-Piling Driven 12" LF 330 1,080 1,410 $2.00 $2,820
2452.511 Steel H-Piling Delivered 12" LF 330 1,080 1,410 $30.00 $42,300
2452.520 Steel H-Test Pile 35 Ft. Long 12" Each 2 2 $4,500 $9,000
2452.520 Steel H-Test Pile 55 Ft. Long 12" Each 2 2 $5,500 $11,000
2452.602 Rock Socket Each 18 18 $5,000 $90,000
2452.602 Pile Tip Protection 12" Each 8 26 34 $100 $3,400
2452.603 Preboring (Earth) LF 80 80 $50 $4,000
2502.601 Drainage System (Type 8910) LS 1 $2,000 $2,000
2511.501 Random Riprap Class III CY 250 250 500 $50 $25,000
2511.511 Granular Filter CY 125 125 250 $18 $4,500
2545.501 Electric Light System LS 1 $35,000 $35,000
2545.509 Conduit System (Lighting) LS 1 $10,000 $10,000
Estimated Total $126.15 $1,205,856
EXHIBIT C
Item No. Item
2411.601 Concrete Trail $18,000
2411.601 Entrance Monument $25,000
2545.501 Electric light System $35,000
2545.509 Conduit System (Lighting) $10,000
Subtotal $88,000
Preliminary Engineering -10% $8,800
Construction Engineereing - 8% $7,040
Contract Administration - 3% $2,640
Total $106,480
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