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HomeMy WebLinkAbout5.D.2. Authorization to Enter a Cost Sharing Agreement for CSAH 16 Improvements 5d CONSENT ~ CITY OF SHAKOPEE MEMORANDUM CASELOG NO: TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Authorization to Enter into a Cost Sharing Agreement for CSAH 16 Improvements in Connection with the Plat of Glacier Estates MEETING DATE: July 5, 2006 INTRODUCTION: Council is asked to authorize the appropriate City officials to execute the attached agreement between the City and Scott County for these improvements. Under the agreement, the County will reimburse the City for fifty percent (50%) ofthe construction costs of the left turn lane and one hundred percent (100%) of the construction costs for the eastbound right turn lane necessary to convert the CSAH 16 at the Muhlenhardt Road intersection with left and right turn lanes. Based on the estimate for the project of $154,106, the County's contribution will be $77,053. The agreement is a follow-up action to the approval conditions of the plat of Glacier Estates. The County has already approved the agreement. ACTION REQUESTED: Offer and pass a motion authorize the appropriate City officials to execute the attached agreement between the City and Scott County for CSAH 16 turn lane improvements. 4-d;~~ R. Michael Leek Community Development Director H:\CC\2006\07-05\CSAH 16 AGREEMENT. doc Access Improvement CSAH 16 @ Glacier Estates County of Scott 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 approved the final plat for Glacier Estates, a residential development in the City of Shakopee which proposes a city street access to CSAH 16 from the north at the existing CSAH 16 and Muh1enhardt Road intersection. B. The spacing of current full. accesses along CSAH 16 in this area has the potential to create safety and mobility problems for the traveling public without appropriate turn lanes. C. ThciCityaridthe'Courity agree that it is ihthe.hest iiiterestsbfthesafety of the traveling publtc to' revise the geometric design of the intersection ofCSAH 16 at Muhlenhardt Road from a full street access with no turn lanes to a full street access with left and right turn lanes as part of the Glacier Estates development proposal. D. The County has expressed its willingness to participate in the construction costs of the access reVISIOns. E. It is contemplated that said improvement work shall be carried out by the parties l1ereto under the provisions of Minn. Stat. Sec. 162.17, subd.1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. All work shall be completed under the direction of the City, consistent with the plans and conditions for an approved access permit. The County shall inspect the construction of the necessary work within the CSAH 16 right-of-way at the sole cost ofthe County. 2. The County shall reimburse the City Treasurer for Fifty percent (50%) of the construction costs of the left turn lane and One hundred percent (100%) of the construction costs for . the eastbound right turn lane necessary to convert the CSAH 16 at the Muhlenhardt Road intersection with left and right turn lanes. Based on the estimate for the project of $154,106, the County's contribution will be $77,053. This amount shall be paid by the County to the City upon the County's approval of all work completed as part ofthe road project. 1 Access Improvement CSAH 16 @ Glacier Estates County of Scott 3. The City shall support the timely construction of the access modification to CSAH 16. The City shall not issue more than Twenty-five percent (25%) of eligible building permits for Glacier Estates until the County has approved all work required as part of the road proj ect. 4. The construction of this road project shall be under the general supervision and direction of the City. The County, through the access permitting process, shall be responsible for final approval of all work required for the road project. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary. 5. The City Engineer shall prepare monthly progress reports as provided in the specifications. Copies of these reports shall be furnished to the County each month. 6. 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. 7. Given that 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. 8. 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. 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 from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 2 Access Improvement CSAH 16 @ Glacier Estates County of Scott 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. 11. 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 Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged 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 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 mayor might arise under the Workers' 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 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. 3 Access Improvement CSAH 16 @ Glacier Estates County of Scott 13. 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". 14. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5 (2004), the books, records, documents, and accounting procedures and practices ofthe 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. 15. 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. 16. 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. 17. 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 is 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, or his successor. His current address and phone number is 129 Holmes Street, Shakopee, MN 55379, (952) 233-9311. Any change in name, address, or telephone shall be noticed to the other party. 4 Access Improvement CSAH16 @ Glacier Estates County of Scott IN TESTIJ\.10NY 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: 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:\ WORD\AGRM1\Access\SH -16&GlacierEstatesDraft.doc 5 EXHIBIT A I 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. 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 payor 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 363, 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. 3J& l6'>", tJ{K J<L Date Jo than Ulrich Chair, Board of Commissioners /