HomeMy WebLinkAbout10.C.1. County Highway 61 culvert repair and bituminous trail repair cooperative agreement Consent Business 10. C. 1.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
DATE: 09/16/2014
SUBJECT: County Highway 16 Culvert Repair and Bituminous Trail Repair Cooperative
Agreement(D)*Added 9/16/14
Action Sought
Authorize the appropriate City officials to execute a Cooperative Agreement for reconstruction of
the bituminous trail by CH 16 west of Foothill Trail.
Background
Staff is requesting approval of a Cooperative Agreement with Scott County to reconstruct a
bituminous trail by CH 16 west of Foothill Trail that was damaged due to the June Flood event.
Attached is a Cooperative Agreement with the County in which the City would reimburse the
County for the bituminous trail repair along with design, construction inspection and
administrative costs.
Recommendation
Authorize the appropriate City officials to execute a Cooperative Agreement for the
reconstruction of a bituminous trail by CH 16 west of Foothill Trail.
Budget Impact
The City portion of the project will be paid from the Capital Improvement Fund with
reimbursement expected from FEMA.
Relationship to Vision
This supports Goal D: Maintain, improve and create strong partnerships with other public and
private sector entities.
Requested Action
Authorize the appropriate City officials to execute a Cooperative Agreement for reconstruction of
the bituminous trail by CH 16 west of Foothill Trail.
Attachments: Construction Cooperative Agreement
Scott Co. Cooperative Agreement
CP 16-36FL
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. Major rainfalls and flooding experienced in June 2014 caused extensive infrastructure damage
to County Highway (CH) 16 and the nearby City trail system along the Prior Lake Outlet
Channel.
B. Repairs are needed to reopen the road and trails to traffic, and a new box culvert will be
installed to provide adequate water flow in the Prior Lake Outlet Channel under CH 16.
C. The City has requested the necessary repairs to the damaged City trail segment be completed
as part of the County's Project.
D. The County is planning the installation of the box culvert, repairs to CH 16, and repairs to the
City's trail through State Project No. 070-616-028 and County Project No. 16-36FL, hereinafter
referred to as the "Project".
E. The above described Project, and as further described in Exhibit "B", lies within the corporate
limits of the City of Shakopee.
F. The County Engineer has prepared an 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 Four Hundred Twenty Nine Thousand Seven Hundred Ninety Four Dollars and no cents
($429,794).
G. 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 perform all the required design engineering services for the Project and prepare all
the necessary plans, specifications, and proposals to obtain project authorization in a timely manner.
2. The County or its agents shall advertise for bids for the work and construction of the aforesaid Project
No. CP 16-36FL, 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.
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
CP 16-36FL
County of Scott
City of Shakopee
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 other than the City's trail work which is included in the
project.
4. 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 Exhibit "C". It is further agreed that the 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 as shown in Exhibit "C" 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.
5. In addition to payment of the City's share of the contract construction cost, the City further agrees to
reimburse the County a share of the preliminary engineering, construction engineering, and contract
administration services for the Project based on the City's portion of the total construction costs. The
City agrees to pay costs designated as Preliminary Engineering, which includes all costs of planning,
design and preparation of plans and specifications, in an amount ten percent (10%) of the City's
portion of the cost of construction. The City further agrees to share costs designated as Construction
Engineering (8%), which includes the inspection and supervision of the construction, and Contract
Administration (3%) totaling eleven percent of (11%) the City's portion of final construction contract
amount.
6. It is further agreed that the 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.
7. The County shall invoice the City within thirty (30) days of the County's award of construction contract
for the Project. Upon receipt of the invoice, the City shall deposit with the Scott County Treasurer one
hundred percent (100%) of the City's share of contracted design engineering service costs,
construction engineering service costs, construction administration service costs, and the estimated
City's share of the construction contract value. In the event this payment exceeds the City's final share
of these costs, as determined by the actual final contract costs, such overpayment shall be returned to
the City by the County upon closeout of the Project.
8. The City further agrees to provide any and all permanent or temporary right-of-way at no cost to the
County on property owned by the City and needed by Scott County for the completion of the Project.
CP 16-36FL
County of Scott
City of Shakopee
9. Upon completion of the Project, the City, at its expense, shall be responsible for all maintenance,
repairs, replacement, and operation of the City trail segment as shown in Exhibit "B".
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 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.
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.
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
CP 16-36FL
County of Scott
City of Shakopee
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.
17. 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 Exhibit "A".
19. 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.
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
CP 16-36FL
County of Scott
City of Shakopee
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. 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.
22. 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.
23. 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 16-36FL
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 16-36FL_ShakopeeCoop.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 55379-1220, or call (952) 496-8103. 11-11-1/- /41 7/4 L. helton Date Thomas J. Wolf /Date
Scott County Administrator Chair, Board of Commissioners
EXHIBIT B
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AGENDA #
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: SEPTEMBER 30, 2014
ORIGINATING DIVISION: Community Services
ORIGINATING DEPARTMENT: Program Delivery CONSENT AGENDA: is4 Yes r No
PRESENTER:
ATTACHMENTS: I Yes r No
PROJECT: CP 16-36FL TIME REQUESTED: N/A
ACTION REQUESTED: Adopt Resolution No. 2014-XXX; Authorizing Entering Into a Cooperative
Agreement With the City of Shakopee for Cost Participation for Permanent
Repairs Due to Flood Damage Sustained on County Highway (CH) 16 in the
City of Shakopee
CONTRACT/POLICY/GRANT: E County Attorney Review FISCAL: r Finance Review
1� Risk Management Review Budget Change
ORGANIZATIONAL VALUES: r Provide a Supportive Organizational Culture
iV Develop Strong Public Partnerships
5.1 Manage Challenges and Create Opportunities
r Assure Long Term Fiscal Stability
r Emphasize Excellence in Customer Service
DEPARTMENT/DIVISION HEAD SIGNATURE: COUNTY ADMINISTRATOR SIGNATURE:
Approved: DISTRIBUTION/FILING INSTRUCTIONS:
Denied:
Tabled: Community Services, Mitch Rasmussen
Other: Community Services, Eunie Quade
Deputy Clerk :
Date:
Background/Justification:
The purpose of this agenda item is to adopt Resolution No. 2014- , authorizing entering into a
cooperative agreement with the City of Shakopee for cost participation for permanent repairs due to flood
damage sustained on County Highway (CH) 16 in the City of Shakopee.
CH 16 sustained major damages at the Prior Lake Outlet Channel crossing as part of the major rain and flood
events that occurred in June. The existing culvert and a portion of the road were severely damaged due to
excessive water levels that overflowed the roadway. Extended high water levels on Prior Lake led to continued
flooding on the Outlet Channel at County Highway 16. Two temporary culverts were installed to minimize
further damage to the roadway. The City of Shakopee also experienced major damage to its trail system
downstream from the culvert. With the County's repairs planned for CH 16, the City of Shakopee has
requested to incorporate its trail repairs into the County's project.
The Agreement is between Scott County and the City of Shakopee and covers cost participation for the City's
trail repairs. Per the terms of the Agreement, the City of Shakopee will reimburse the County for the City's trail
construction costs (estimated at $23,000). The City will also reimburse the County for its portion of design,
construction inspection and contract administration services related to the City trail.
Staff requests approval to enter into an Agreement with the City of Shakopee for cost participation on the CH
16 and City trail flood repairs. The City of Shakopee is expected to approve the Cooperative Agreement at
their XXXXX, 2014 City Council meeting.
Fiscal Impact:
None
BOARD OF COUNTY COMMISSIONERS
SCOTT COUNTY, MINNESOTA
Date: September 30, 2014
Resolution No.: 2014-
Motion by Commissioner:
Seconded by Commissioner:
RESOLUTION NO. 2014- ; AUTHORIZING ENTERING INTO A COOPERATIVE AGREEMENT
WITH THE CITY OF SHAKOPEE FOR COST PARTICIPATION FOR PERMANENT REPAIRS DUE TO
FLOOD DAMAGE SUSTAINED ON COUNTY HIGHWAY (CH) 16 IN THE CITY OF SHAKOPEE
WHEREAS, CH 16 sustained significant damage to the existing culvert and roadway at the Prior Lake
Outlet Channel crossing during the June 2014 severe storm and flooding events; and
WHEREAS, the City of Shakopee's trail system also experienced significant damage near the damaged
CH 16 culvert; and
WHEREAS, repairs are needed to reopen the road and trails to traffic, and a new box culvert will be
installed to provide adequate water flow in the Prior Lake Outlet Channel under CH 16; and
WHEREAS, the City has requested the necessary repairs to the damaged City trail segment be
completed as part of the County's Project; and
WHEREAS, the County is planning the installation of the box culvert, repairs to CH 16, and repairs to
the City's trail through State Project No. 070-616-028 and County Project No. 16-36FL, hereinafter referred to
as the "Project"; and
WHEREAS, a Construction Cooperative Agreement is needed with the City of Shakopee for this
Project; and
WHEREAS, the Agreement lays out the parties responsibilities including any construction, engineering,
construction inspection, and contract administration costs.
BOARD OF COUNTY COMMISSIONERS
SCOTT COUNTY, MINNESOTA
Date: September 30, 2014
Resolution No.: 2014-
Motion by Commissioner:
Seconded by Commissioner:
NOW THEREFORE BE IT RESOLVED that the Board of Commissioners in and for the County of Scott,
Minnesota, hereby authorizes the Chairperson of the Board to enter into a Cooperative Agreement with the
City of Shakopee for cost participation for permanent repairs due to flood damage sustained on County
Highway (CH) 16 in the City of Shakopee, subject to approval by the County Attorney's Office as to form.
COMMISSIONERS VOTE
Wagner r Yes r No I"° Absent f Abstain
Wolf r Yes r No 1"` Absent 1"' Abstain
Menden r Yes r No f° Absent r Abstain
Marschall 1 Yes r No r Absent r Abstain
Ulrich 1 Yes r No r Absent r Abstain
State of Minnesota)
County of Scott )
I, Gary L. Shelton, duly appointed qualified County Administrator for the County of Scott, State of Minnesota, do hereby certify that I
have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners,
Scott County, Minnesota, at their session held on the day of , 2014 now on file in my office, and have found the same to be a
true and correct copy thereof.
Witness my hand and official seal at Shakopee, Minnesota,this day of , 2014.
County Administrator
Administrator's Designee
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