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HomeMy WebLinkAbout3.B. County Highway 101 Bituminous Trail Cooperative Agreement General Business 3. B. SHAKOPEE TO: Mayor and City Council Mark McNeill,City Administrator FROM: Bruce Loney,Public Works Director DATE: 07/01/2014 SUBJECT: County Highway 101 Bituminous Trail Cooperative Agreement(D,E) Action Sought Authorize the appropriate City officials to execute a Cooperative Agreement for construction of a bituminous trail along CH 101 from Memorial Park to Sarazin Street. Background Staff is requesting approval of a Cooperative Agreement with Scott County to construct a bituminous trail along CH 101 from Memorial Park to Sarazin Street. The approved Scott County Transportation Improvement Plan includes$40,000 for a trail along CH 101 from Memorial Park to Sarazin Street.Attached is a Cooperative Agreement with the County in which they agree to fund 50%of the costs up to$40,000 of the improvements. The remaining costs will come from the Capital Improvement Fund.Once constructed,the City will be responsible for maintenance of the trail. Recommendation Authorize the appropriate City officials to execute a Cooperative Agreement for construction of a bituminous trail along CH 101 from Memorial Park to Sarazin Street. Budget Impact The City portion of the project will be paid from the Capital Improvement Fund. This project is included in the current CIP. Relationship to Vision This supports Goals D: maintain,improve and create strong partnerships with other public and private sector entities; and E: Deliver effective and efficient public services by a staff of well-trained, caring and professional employees. Requested Action Authorize the appropriate City officials to execute a Cooperative Agreement for construction of a bituminous trail along CH 101 from Memorial Park to Sarazin Street. Attachments: Construction Cooperative Agreement Exhibit B CP 101-14 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 City seeks to construct a trail adjacent to County Highway (CH) 101 from the Mill Pond Bridge to Sarazin Street shown on the City Engineer's plans for the "Project". B. This Project is in conformance with the County trail cost participation policy. C. The above described Project lies within the corporate limits of the City of Shakopee. D. The City 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 in the sum of One Hundered Nineteen Thousand Five Hunderd Twenty Two and No cents ($119,522). E. A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereof. F. It is contemplated that said improvement work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec. 162.17, subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. The City or its agents shall advertise for bids for the work and construction of the aforesaid Project, 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 cities. The City will submit the form contract, including the plans and specifications prepared by the City or its agents, to the County as they are available for approval but prior to bid opening. The City shall administer the contract and inspect the construction of the contract work for the Project at the sole cost of the City. The County Engineer shall cooperate with the City Engineer and his staff at their request to the extent necessary. CP 101-14 County of Scott City of Shakopee 2. The City or its agents shall acquire all permits necessary to perform the work. 3. The City shall, at its own expense, remove and replace all County owned signs that are within the construction limits of this Project. 4. The City shall receive preliminary approval of the Project plans from the County prior to the City advertising the Project. A County utility permit shall be obtained by the City for the Project identifying the selected County registered contractor on the permit. A work schedule shall be provided to the County by the City after award of the contract and the County should be notified upon completion of grading, staking, paving and turf establishment. A final inspection should be scheduled with the County prior to request for payment. 5. The City Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the County Engineer each month. 6. The maintenance to be performed by the City on the subject trail shall consist of the following: A. Maintain said trail in a smooth condition and in good repair for the passage of bicycles and pedestrians and free from all obstructions and impediments. Activities under this agreement are: • Snow and ice control activities • Surface maintenance, such as, crack repair, seal coating, patching, edge repairs, and sweeping • Addressing drainage issues on or related to the trail • Vegetation Control, such as mowing, tree trimming or removal, spraying noxious weeds, replacing damaged sod, etc. • Maintenance of any trail signs and sign posts. B. Furnish all labor, materials, supplies, tools and other items necessary for the performance of any and all maintenance of the trail, at its sole cost. C. Maintenance inspection, repair, or reconstruction of the retaining wall, fencing, lighting, trail, and other features that are part of the approved/permitted trail design. CP 101-14 County of Scott City of Shakopee 7. The County shall reimburse the City, as the County's full and complete share of the construction cost of the contract work for said Project, fifty percent (50%) of the trail construction cost up to forty-thousand dollars and no cents ($40,000). 8. Reimbursement shall be made after the Project has been constructed to completion and the work has been accepted by the County Engineer. Upon acceptance the City shall submit an invoice for payment. The County shall reimburse the City Treasurer the County's share of the construction costs within 45 days of invoicing by the City. 9. If a future overlay is deemed necessary at the end of trail pavement life, the County will contribute a lump sum payment of up to fifty percent (50%) of the overlay cost. 10. 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. 11. 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. 12. 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 City or County 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. 13. 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. CP 101-14 County of Scott City of Shakopee 14. 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. 15. 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. 16. 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 CP 101-14 County of Scott City of Shakopee 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 in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall not be the obligation or responsibility of the City. 17. 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„ 18 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. 19. 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. 20. 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. 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 CP 101-14 County of Scott City of Shakopee phone number are Scott County Physical Development 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, City 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 101-14 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 101-14_Trail Agreement docx.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 363A. 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 363A, 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 55379-122C, or call (952) 496-8103. 7/7/ L. helton Date Thomas J. Wolf Date Scott C unty Administrator Chair, Board of Commissioners EXHIBIT B 8 8 8 8 8 8 8 - = Ia a E 4 IL E v G 3666 gtt _o 8 2 2 8 8 8 8 8 88 8 S 8 8 8 8 88 I 8 8 a ; Rk RI " $ s H ! 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