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Home My WebLink About5.C.3. County Cooperative Agreement for Turn Lanes on CSAH 83 and Valley View Road s. c · 3, CITY OF SHAKOPEE Memorandum TO: Mayor & City Council CONSENT Mark McNeill, City Administrator FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: Consider Approval of County Cooperative Agreement for Turn Lanes on CSAH 83 at Valley View Road DATE: June 6, 2006 INTRODUCTION: Attached is a County Cooperative Agreement between the City and the County on cost participation for the turn lanes on CSAH 83 at Valley View Road. BACKGROUND: On May 30, 2006 Scott County opened bids for construction of a right turn lane and a left turn bypass lane on CSAH 83 at Valley View Road. The attached agreement proposes a costsplit of 66.7% County ($79,229.59 and 33.3% City ($39,555.40). The City's portion of the project will paid from the Capital Improvement Funds. These improvements included the feasibility study completed in 2004 for the Valley View Road Improvements. The Cooperative Agreement is attached for Council review and consideration and the action requested would be to authorize the appropriate City officials to execute this agreement between the City and Scott County. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the County. Cooperative Agreement for turn lanes on CSAH 83 at Valley View Road. 2. Do not authorize the appropriate City officials to execute this agreement. 3. Table for additional information or to consider this agreement at the June 20, 2006 City Council meeting.. RECOMMENDATION: Staff recommends Alternative No.1, as the County Cooperative Agreement has been prepared and worked out to include the costs as. estimated currently for this proj ect. ACTION REQUESTED: Authorize the appropriate City officials to execute the County Cooperative Agreement for turn lanes on CSAH 83 at Valley View Road. 'Iff ~ Jeff Weyandt Assistant City Engineer BUpmp ENGRJ2006PROJECT12006RIVERDISTRICTfWORD/CTY AGREEMENT CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2006, 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 and the County have been negotiating to bring about the improvement of County State Aid Highway 83 at the intersection of Valley View Road as shown on the County Engineer's plans for County Project 83-14 which improvement contemplates and includes grading, aggregate base, plant-mixed bituminous pavement and other related improvements. B. The above described project lies within the corporate limits ofthe City. C. The City and County have agreed that it is in the best interests of both to include the work for CP 83-14 into the County's CP 101-01. D. The City and County have agreed to split the costs associated with improving the CSAH 83 & Valley View Road intersection 66.7% County - Seventy-Nine Thousand Two Hundred Twenty- Nine Dollars and Fifty-Nine Cents ($79,229.59) and 33.3% City - Thirty-Nine Thousand Five Hundred Fifty-Five Dollars and Forty Cents ($39,555.40). E. It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec. 162.17, Subd. I. 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. CP 83-14, receive andopen bids pursuantto 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 contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are made a part hereof. 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 1 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 in the amount of Thirty-Nine Thousand Five Hundred Fifty-Five Dollars and Forty Cents ($39,555.40). The cost of the items in which the City shall participate shall be based on the unit prices shown in the Contract. It is further agreed that the quantities referred to in this agreement are an estimate of the contract work on said project and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said proj ectaccording to the provisions of this paragraph. 4. The City shall, based on the contract price, reimburse the County Treasurer the City's share of the construction and engineering costs during. the 2006 calendar year. Reimbursement shall be made based on actual costs. 5. 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 by both parties, to non-binding mediation, unless the parties mutually agree otherwise, with the cost being shared equally. 6. All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City or County pursuant to this Contract shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 7. 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 this 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. 8. The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits ofthis project. 9. 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 hereinbefore 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 2 from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 10. 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 hereinbefore 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. II. It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever 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. 12. 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 mayor 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 01' omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility ofthe 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 in any ofthe work 3 or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. 13. The provisions of M.S. 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". 14. 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 Mark McNeill, City Administrator, or his successor. His current address and phone number are City of Shakopee, 129 South Holmes Street, Shakopee, MN 55379, (952) 233-9300. 4 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 Jon Ulrich, Chair of Its County Board Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: shall 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:\ WORD\PROJEC1\CP 83-14\CITYCOOP ,DOC5 EXHIBIT A I"'. .,.,..,...', '.,' '.. . . """..1 --- --<,,','-':'- -:_-<,':-"~,,,,' ","-,'"," :,-- , -',,' ,,\:>'::': - .-.,",:< :...-:.:,,:\'. , ',' -, ; '-'," " ,- ,-', ' ',' - -, : - -~ '. '"'' -- ",,"'" - - ,,," '-' - - '" -',.' ',' .' -,' - ' - ,':. ',- ". , POLICY. STATEMENT ' ..' :..'\i" 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.r, ,<",'::, '''y.:, Scott County will not engage in any'emplbYD;leh~'pract!ReS 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, rech:litmeht or' ,~ecruitment advertising, selection, layoff, disciplinary action, termination, rates of paVor other forms of compensation, and selection for training, including apprenticeship. ,'., , .', .. - .,,- '-' - .C.<, , '-"":,'-',':.:., -- -,' .:' C',',""' -'," . Further, Scott County fully supports incorporation6f flondiscrimination rules and regulations into contracts and will commit the necessarytJrne and resources to achieve the goals of Equal Employment Opportunity. ' ,." ., Any employee of the County who does notoomplY w,ith the Equal Employment Opportunity Policies and Procedures set forth in this statel1lent an'd Plan will be subject to disciplinary action. Any subcontractor of the County r19tcomplYlqg with all applicable Equal Employment Opportunity laws, directives, and regulations ofRed~tal, 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 Reiations Director as the manager of the Equal Opportunity Program. These responsibiliti~s 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 (;all (952) 49678103. avi 'J. Unmacht Jo than Ulrich Scott County Administrator Chair, Board of Commissioners County of Scott CP 83:-14 EXHIBIT B SPEC. CP 83.14 EST'D UNIT TOTAL NO. ITEM UNIT QUANT. PRICE AMOUNT 2021.501 MOBILIZATION LUMP SUM 1 5,225.00 5,225.00 2104.505 REMOVE BITUMINOUS PAVEMENT . SQYD 2,150 2.50 5,375.00 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LI N FT 2,450 4.00 9,800.00 2104.523 SALVAGE SIGN TYPEC EACH 2 40.00 80.00 2105.501 COMMON EXCAVATION (CV) (P) CUYD 1,300 11.75 15,275.00 2211.501 AGGREGATE BASE CLASS 5 MODIFIED TON 2,400 13.65 32,760.00 2221.501 AGGREGATE SHOULDERING CLASS 2 TON 175 26.00 4,550.00 2231.501 MILL BITUMINOUS PAVEMENT SQYD 130 21.00 2,730.00 2350.501 TYPE MV 3 WEARING COURSE MIXTURE (E) TON 600 53.00 31,800.00 2563.601 TRAFFIC CONTROL LUMP SUM 1 4,000.00 4,000.00 2564.536 INSTALL SIGN PANEL TYPE C EACH 2 160.00 320.00 2564.602 PAVEMENT MESSAGE (LEFT ARROW) EPOXY EACH 2 77.00 154.00 2564.603 4" BROKEN LINE YELLOW EPOXY L1N FT 323 0.03 9.69 2564.603 4" SOLID LINE WHITE EPOXY L1N FT 4,094 0.21 859.74 2564.603 4" SOLID LINE YELLOW EPOXY L1N FT 323 0.22 71.06 2564.603 4" DOUBLE SOLID LINE YELLOW EPOXY L1N FT 2,550 0.43 1,096.50 2564.603 24" SOLID LINE YELLOW EPOXY L1N FT 190 4.10 779.00 2573.502 SILT FENCE TYPE MACHINE SLICED LI N FT 1,500 2.10 3,150.00 2575.501 SEEDING (P) ACRE 0.5 1,500.00 750.00 TOTAL CP 83..14 $118,784.99