HomeMy WebLinkAbout5.D.2. Cooperative agreement with Scott County for a Traffic Control Signal at CSAH 16 (17th Av) and CR 79
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CITY OF SHAKOPEE
Memorandum COl~SflJT
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TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Jeff Weyandt, Assistant City Engineer
SUBJECT: Agreement between Scott County and the City of Shakopee for a
Traffic Signal at CSAH 16 and County Road 79
DATE: June 17,2008
INTRODUCTION:
Attached is an agreement for participation in the construction and operation of the traffic control
system and integral street light at CSAH 16 and County Road 79 between the City of Shakopee
and Scott County.
BACKGROUND:
Plans have been prepared by Scott County and reviewed by the City of Shakopee. The signal
system has met warrants.
The City is responsible for providing electrical connection to the system, pay for the electrical
energy for the operation of the system, 100% of the Emergency Vehide Preemption (EVP), 10%
of the City's construction cost for the design cost and 8% of City's construction cost for the
inspection cost. The City's estimated cost is $9,142.00. This will be funded by the Capital
Improvement Fund. Staff recommends that the City Council authorize the appropriate City
officials to execute this agreement for the operation and maintenance of this traffic control signal
system.
AL TERNA TIVES:
1. Authorize the appropriate City officials to execute the agreement for participation in
construction and operation of the traffic signal system and integral street light, between
Scott County and the City of Shakopee, at the intersection of CSAH 16 and County Road
79.
2. Do not enter into an agreement with Scott County at this time.
3. Table for additional information.
RECOMMENDATION:
Authorize the appropriate City officials to execute the agreement for participation in construction
and operation of the traffic signal system and integral street light, between Scott County and the
City of Shakopee, at the intersection of CSAH 16 and County Road 79.
ACTION REOUESTED:
Authorize the appropriate City officials to execute the agreement, between Scott County and the
City of Shakopee, for a traffic control signal system at the intersection of CSAH 16 and County
Road 79.
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Jeff Weyandt, P.E.
Assistant City Engineer
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ENGR/2008-PROlECTS/2008-COUNCILISIGNAL-16-79
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County Project No.CP 79-09
State Aid Project No. 70-616-25
CSAH 16 (17th Ave) at CR 79 (Spencer St)
City of Shakopee
County of Scott
CONSTRUCTION COOPERATIVE AGREEMENT and
AGREEMENT FOR P ARTICIP A TION IN CONSTRUCTION OF TRAFFIC
CONTROL SIGNAL SYSTEMS AND INTEGRAL STREET LIGHTS
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 install a fully-actuated traffic control signal system with mast arms
and integral street lights at the intersection of County State Aid Highway (CSAH) 16 (l7th Avenue)
and County Road (CR) 79 (Spencer Street) in the City of Shakopee, Scott County, Minnesota
(hereinafter referred to as the project).
B. The above described project lies within the corporate limits of the City.
C. 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 in the sum of One
hundred ninety-five thousand eight hundred sixty~six dollars and no cents ($219,830.00). A copy of
said estimate (marked Exhibit flBfI) is attached hereto and made a part hereof.
D. The City has expressed its willingness to participate in the construction and operating cost of said
intersection and signal systems with integral street lights.
E. It is contemplated that said improvement work shall be carried out by the parties under the provisions
ofMinn .Stat. Sec. 162.17, subd. 1.
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F
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County Project No.CP 79-09
State Aid Project No. 70-616-25
CSAH 16 (17th Ave) at CR 79 (Spencer St)
City of Shakopee
County of Scott
NOW, THEREFORE, IT IS HEREBY AGREED:
1. The County shall prepare the necessary plans, specifications, and proposals; shall perform the required
engineering and inspection; and shall install, or cause the installation of a full-traffIc-actuated traffic
control signal system with mast arms and integral street lights, and appurtenant roadway improvements,
at the intersection of CSAH 16 and CR 79. Such installation, as described immediately above, shall be
identified and accomplished under County Project No. CP 79-09, hereinafter referred to as the "project",
all in accordance with said project plans and specifications which plans and specifications are by this
reference made a part hereof.
2. The term "Specifications" as used herein shall mean the 2005 Edition of the Minnesota Department of
Transportation "Standard Specifications for Construction" and the project special provisions.
3. The City agrees that any city license required to perform electrical work within the city shall be issued to
the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall
be not more than those established by the State Board of Electricity in the most recently recorded
Electrical Inspection Fee Schedule.
4. The City shall install, or cause the installation of an adequate three-wire, 120/240 Volt, single phase, 60
Hertz alternating current electrical power connection to the project location at the sole cost and expense
of the City.
5. The County or its agents shall advertise for bids for the construction of the aforesaid project No. CP 79-
09, 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 contract includes the plans and specifications prepared by the County or its agents, which
said plans and specifications are by reference made a part thereof.
6. The construction cost of the project shall be the contract cost plus the cost of equipment purchased by
the County necessary to make the signal system operational and the cost of pavement marking removal
and pavement restoration, which will be executed by the County separate from the contract. It is
understood that the estimated construction cost stated hereinafter is for informational purposes only.
The estimated construction cost of this project is $234,830.00 including County furnished materials but
excluding turn lane pavement marking removal and pavement restoration, to be executed by the County
separately from the contract at the sole cost and expense of the County
2
"
County Project No.CP 79-09
State Aid Project No. 70-616-25
CSAH 16 (17th Ave) at CR 79 (Spencer St)
City of Shakopee
County of Scott
7. 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.
8. The City shall reimburse the County for its share in the construction cost of the contract work for said
project, and the total fmal contract construction cost shall be apportioned as set forth in the Division of
Cost Summary in Exhibit "B", attached hereto. The City shall pay the County ten percent (10%) of such
share of the construction cost as payment for the design of the project; and eight percent (8%) of such
share of the construction cost as payment for inspection of County Project No. 79-09. It is further agreed
that the Engineer's Estimate referred to in this Agreement are estimates of the construction cost for the
contract work on the project and that the unit prices set forth in the contract with the successful bidder
and the fmal quantities as measured by the County Engineer shall govern in computing the total fmal
contract construction cost for apportioning the cost of the project according to the provisions of this
paragraph.
9. The fmal amount of the City's share of construction and engineering costs of this 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.
10. The County shall include Emergency Vehicle Preemption (EVP) system construction with the project.
This item will be bid and may be deleted if the City deems the unit price bid to be unacceptable.
11. The EVP construction cost shall be the contract cost. It is understood that the estimated construction
cost stated hereinafter is for informational purposes only. The estimated construction cost of the EVP is
$6,900.00. The City shall, as its share of the EVP construction costs, pay the County one hundred
percent (100%) of the actual EVP construction cost.
12. The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or
timing of the aforesaid traffic control signal system or EVP system; however, nothing herein shall be
construed as restraint of prompt, prudent action by properly constituted authorities in situations where a
part of such traffic control signal system may be directly involved in an emergency.
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County Project No.CP 79-09
State Aid Project No. 70-616-25
CSAH 16 (17th Ave) at CR 79 (Spencer St)
City of Shakopee
County of Scott
13. Upon completion of the work, the County shall maintain and repair said traffic control signal systems at
the sole cost and expense of the County. Further, the County shall maintain and repair the components
of the EVP system and any repairs required shall be at the sole cost and expense of the City. Further, the
City shall maintain the integral streetlights at the sole cost and expense of the city, except for the County
maintaining electrical energy to the luminaire head at the sole cost and expense of the County.
14. The EVP systems provided for in this Agreement shall be installed, operated, maintained or removed in
accordance with the following conditions and requirements:
(1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in
Minn. Stat. Sees. 169.01, subd. 5 and 169.03. The City will provide the County Engineer or his duly
appointed representative a list of all such vehicles with emitter units upon request.
(2) Malfunctions of the EVP systems shall be reported to the County immediately.
(3) In the event said EVP systems or components are, in the opinion of the County, being misused or
the conditions set forth herein are violated, and such misuse or violation continues after receipt by the
City of written notice thereof from the County, the County shall remove the EVP systems. Upon
removal of the EVP systems pursuant to this paragraph, the field wiring, cabinet wiring, detector
receivers, infrared detector heads and indicator lamps and all other components shall become the
property of the County.
(4) All timing of said EVP systems shall be determined by the County.
15. Initial pavement striping and marking for the intersection shall be included as part of the project. The
County shall be responsible for all subsequent roadway striping as required after the initial work and
shall be responsible for one hundred percent (100%) of the subsequent related costs.
16. 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.
17. 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 I
this Agreement. j
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County Project No.CP 79-09
State Aid Project No. 70-616-25
CSAH 16 (17th Ave) at CR 79 (Spencer St)
City of Shakopee
County of Scott
18. 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 Chapter now
in force or hereafter adopted.
19. 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.
20. 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.
21. lt 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 perforrnanee 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.
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County Project No.CP 79-09
State Aid Project No. 70-616-25
CSAH 16 (17th Ave) at CR 79 (Spencer St)
City of Shakopee
County of Scott
22. 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.
23. 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".
24. 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.
6
County Project No.CP 79-09
State Aid Project No. 70-616-25
CSAH 16 (17th Ave) at CR 79 (Spencer St)
City of Shakopee
County of Scott
25. 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.
26. 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.
27. 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 Bruce Loney, City of
Shakopee Engineer, 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.
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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
John Schmitt, Mayor Mark McNeill, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
David Unmacht, County Administrator Robert J. Vogel, 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 79-09 Signa1\Coop AgreemenCShakopee.doc
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EXHIBIT A
r' POLICY STATEMENT ;1
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 .agendes
thereof, including Minnesota Statutes, Chapter 363.
Scott County will not engage in any employment practices which discriminate agajnstor
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, recruitmentor 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 willi 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 disdplinary
action. Any subcontractor of the County not complying vt/ith 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 desi'gnated the Employee Relations Director as the manager of the Equal
Opportunity Program. These responsibilities will include monitoring all EquaJ Employment
Opportunity activities and reporting the effectiveness of this program, as required by Federal,
State, and local agencies. The Scott County Adminrstrator 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, G,ovemment Center Room 201. 200 Fourth Avenue West,
Shakopee, Minnesota 55379-1220, or call (952) 496-8103.
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... .........~ ....~ 1/2/2008 "'../ 1/2/2008
David J. Unmacht Date RobertJ. Vogel Date
Scott County Administrator Chair, Board of Commissioners
EXHIBIT B
TOTAL TOTAL ESTIMATED ESTIMATED ESTIMATED ESTIMATED
ITB\I1 NO. ITB\I1 NOTE NO. UNIT UNIT COST ESTIMATED ESTIMATED COUNTY CITY
QUANTITY COST QUANTITY COUNTY COST QUANTITY CITY COST
. .
.
2102.501 PAVEMENT MARKING RBv10V AL SQ. Fr. $4.00 240 $960.00 240 $960.00
I :.
2104.523 SALVAGELlGHf STANDARD & LUMINA IRE EACH $500.00 2 $1,000.00 2 $1,000.00 . .
2104.523 SALVAGE SIGN TYPE C SQFr $25.00 24 . $600.00 24.0 $600.00
2531.602 PBJESlRIAN CURB RAMP EACH $1,500.00 2 $3,000.00 2 $3,000.00
2564.531 SIGN PANas TYPE C SQFr $30.00 106 $3,180.00 106 .. $3,180.00
2564.531 SIGN PANas TYPE D SQFr $30.00 98 $2,940.00 98 $2,940.00
2565.511 TRAFFIC CONTROL SIGNAL SYSTEM SIGNAL SYSTBvl $199,000.00 1 $199,000.00 1 $199,000.00
2565.601 EMERG8'lCY VEHICLE PREEMPflON SYSTEM LUI\IIP SUM $6,900.00 1 $6,900.00 1 $6,900.00
--c.
2582.502 12" SOLID L1NEWHfTE.EPOXY L1N Fr $3.00 750 $2,250.00 750 $2,250.00 .
$219,830.00 $212,930.00 $6,900.00
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Add County Furnished Items (Vehicle and Ped Signals, Push Buttons) $15,000 1------- $15,000 -----------
T-~----T------- ------------ -------- ------------ ------._---
Total Estimated Traffic Signal Costs $234,830 $227,930 $6,900
Estimated signal cost only. Does not include turn lane pavement marking removal and pavement restoration costs, to be executed separately by the
County at the sole cost and expense ofthe County.
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