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HomeMy WebLinkAbout5.C.4. CSAH 18 Park and Ride Cost Sharing Agreement with Scott County CITY OF SHAKOPEE S:C.r: MEMORANDUM CASELOG NO: Not Applicable CONSENT TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: CSAH 18 Park and Ride Cost Sharing Agreement MEETING DATE: September 19, 2006 INTRODUCTION: Earlier this year, the City Council approved entering into a memorandum of understanding for the acquisition and development of the CSAH 18 park and ride site. Under that agreement, Scott County has been acting as project manager for purposes of I) acquiring the site, and 2) constructing the park and ride for completion in the Spring of 2007. DISCUSSION: Council may recall that a portion of the funding (about $500,000) for this project is coming from County bond proceeds which must be used by the end of 2006. Thus, it is important to move quickly to get the project constructed. The project has been broken into two phases. Phase I involves sealing of wells and septic sites, basic clearing, and site preparation. In order to allow the County to submit the drawings to the state for Phase I to go out to bid, and because this is a transit project, I have authorized their submittal on behalf ofthe City in lieu ofthe City Engineer. The site contains approximately 163 significant trees (mostly oaks), and about 43 (about 26% of the total) ofthose would be preserved. Because of the number, size and types of trees to be removed, it is expected that the clearing activity will raise concerns from residents. Both Greg Felt from Scott County, the design consultant SRF, and I will be working with Mark Themig and his staff to develop a tree replacement plan that meets the requirements of the City's woodland management regulations. Because of the nature of the park and ride site, it is expected that a significant portion of the replacement will , need to take place offsite. Phase I also involves the extension of sanitary sewer and the extension of Crossings Boulevard to serve the site, as well as future commercial sites in the Southbridge Crossings East area. The extension of Crossings Boulevard will be built as a permanent street to City standards. While it will be owned by the County until the project is complete, at that point (i.e. the Spring of2007) it will be turned back to the City. Because it will be a City street, the Council is asked to consider the attached draft cost H:\CC\2006\09-19\Park and Ride Grading Permit.doc 1 sharing agreement. In addition, the Council is asked to provide direction as to whether to assess the City's normal (8%) engineering fess against the project for review and inspection. ALTERNATIVES: 1. Offer and pass a motion directing the appropriate City officials to enter into a cost sharing agreement for the CSAH 18 Park and Ride site as presented. 2. Offer and pass a motion directing the appropriate City officials to enter into a cost sharing agreement for the CSAH 18 Park and Ride site with revisions. 3. Do not authorize entering into the cost sharing agreement. 4. Table the item for additional information. Council is also asked to provide direction by motion as to whether to assess the project the City's normal engineering fees. If Council wishes them to be assessed, it is assumed they would be paid from the Transit fund balance. RELATIONSIDP TO VISIONING: This item relates to Goal B. High quality of life. ACTION REQUESTED: Offer and pass a motion directing the appropriate City officials to enter into a cost sharing agreement for the CSAH 18 Park and Ride site as presented or with revisions Offer and pass a motion directing staff to assess engineering fees against the project. ~4~ R. Michael Leek Community Development Director H:\CC\2006\09-19\Park and Ride Grading Pennit.doc 2 County Project No. CP 18-06 City of Shakopee 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 provide efficient transit services to the residents of Scott County, and have begun to plan for the development of a regional park-and-ride facility that would accommodate 500 parking spaces with the potential to be expanded or decked at the CR 18 and Hwy. 169 site as shown on the County Engineer's plans for County Project No. CP 18-06 (SP 70-596-01) B. The project will be completed in two phases, with Phase 1 improvements including building demolition, site excavation and tree removal (hereinafter referred to as the Project). Phase 2 will be let under a separate contract and will have separate Agreements. C. The above described Project lies within the corporate limits of the City of Shako pee. D. The Consultant (who is under contract with the County) 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 for Phase 1 construction in the sum of One Hundred Eighty-Nine Thousand Three Hundred Eighty Dollars and no cents ($189,380.00). A copy of said estimate (marked Exhibit liB") is attached hereto and made a part hereof. E. It is contemplated that all of the above improvement work shall be carried out by the parties under the provisions ofMinn .Stat. Sec. 162.17, subd. 1. 1 County Project No. CP 18-06 City of Shakopee County of Scott 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 18-06 (SP 70-596-01), 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 attached incorporated as Exhibit C. 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 sixty percent (60%) of the non-federal construction costs and contract administration costs (staking, vouchers, inspections, construction oversight) of the contract work for said Project over and above the $140,000.00 that is federally funded and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "B" attached hereto. 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 said 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 said Project according to the provisions of this paragraph. 4. In addition to payment of the City's proportionate share sixty percent (60%) of the contract construction cost, the County and the City further agree that the County shall invoice the City for fees (tree removal and permit fees, but not limited to) that are incurred during the construction process. 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 and 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 and any amount due paid to the County upon completion of the Project and submittal to the City of the County's final, itemized, statement of the Project costs. 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. 2 County Project No. CP 18-06 City of Shakopee County of Scott 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 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. 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 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. 10. 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. 11. The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of the Project. 12. 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. 3 County Project No. CP 18-06 City of Shakopee County of Scott 13. 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. 14. 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. 15. 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 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 mayor 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. 16. 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". 4 County Project No. CP 18-06 City of Shakopee County of Scott 17. 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. 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. 18. 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. 19. 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. 20. The County's Authorized Agent for the purpose of the administration of this Agreement is Maria A. Heller, Public Works Technician, Of her success Of. 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 129 S Holmes Street, Shakopee, MN 55379, (952) 233-9300. Any change in name, address, or telephone shall be noticed to the other party. 5 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 J. Schmitt, Mayor Mark McNeill, City Administrator Date Date By Judy Cox, City Clerk 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\PROJEC1\CP 18-06\Construction_ coop _ Shakopee.doc