HomeMy WebLinkAbout15.A.6. Agreement with Scott Co. for Traffic Signal at CSAH 18 and Crossing Blvd
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CITY OF SHAKOPEE
Memorandum
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TO: Mayor & City Council 'I'~ ". tl~\: 1
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Agreement between Scott County and the City of Shakopee
for a Traffic Signal at CSAH 18 and Crossings Boulevard
DATE: January 20, 2004
INTRODUCTION:
Attached is an agreement for participation in the construction and operation of the traffic
control system and integral street light at CSAH 18 and Crossings Boulevard between the
City of Shakopee and Scott County.
BACKGROUND:
Previously, the City Council approved preliminary plats for Southbridge Crossings East,
Riverside Grove and Riverside Fields. One of the conditions for plat approval is for
construction of a traffic control signal system at CSAH 18 and Crossings Boulevard.
Plans have been prepared by Scott County and reviewed by the City of Shakopee. The
signal system has met warrants due to the commercial development in the area,
particularly with the opening of Home Depot.
The City is responsible for providing electrical connection to the system, pay for the
electrical energy for the operation of the system and 50% of the actual construction costs
of the traffic control system within integral street lights, 10% of City's construction cost
for the design cost and 8% of City's construction cost for the inspection cost and 100% of
the Emergency Vehic1e Preemption (EVP). The City has an attached reimbursement
agreement with Shakopee Crossings Limited Partnership for the City's cost for the design
and installation of the signal. 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.
ALTERNATIVES:
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 18
and Southbridge Parkway.
2. Do not enter into an agreement with Scott County at this time.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No.1. The City of Shakopee will pay Scott County for the
City's share of the signal as per this agreement and Shakopee Crossings Limited
Partnership will reimburse the City of it's cost as per the reimbursement agreement.
Scott County did not want to have an agreement with the developer for the signal, thus
the City of Shakopee enter into a reimbursement agreement with the developer to cover
the City's cost of the signal due to development.
ACTION REQUESTED:
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
18 and Crossings Boulevard.
k~
Bruce Loney
Public Works irector
BUpmp
TRAFFICSIGNAL
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REIMBURStMENT AGREEMENT
This Agreement is entered into as of September 26, 2003 by and between the City of
Shakopee ("City") and Shakopee Crossings Limited Partnership, a Wisconsin limited partnership
("Developer").
RECITALS
A. The Developer is proposing to construct a development known as Southbridge Crossings
East First Addition ("Development") in the City.
B. In order to meet the traffic control and transportation needs for the Development, a traffic
signal needs to be installed at CSAH 18 and Crossings Boulevard ("Traffic Signal"). One of
the conditions in the City's approval of the Development was that the Developer pay all of
the City's costs associated with the design and installation of the Traffic Signal.
C. The Developer desires to record the fin.al plat for the Development and has requested that
the City enter into this Agreement setting forth the Developer's obligations to reimburse the
City for all its costs associated with the design and installation of the Traffic Signal. The
Developer is willing to reimburse the City for all of the costs incurred by the City in the
design and installation of the traffic signal and acknowledges that but for its willingness to
reimburse the City for those costs, the City would not be entering into this Agreement.
D. The estimated cost to the City for the design and installation of the Traffic Signal is
$100,000.
Now therefore in consideration of the mutual covenants and conditions set forth in this
Agreement, the City and Developer agree as follows:
1. The Recitals are true and correct and are incorporated by reference into this Agreement.
2. The Developer agrees to reimburse the City for 100% of the project costs incurred by the
City relating to the design and installing the Traffic Signal. For the purposes of this
Agreement, the term "project costs" includes all out of pocket or other costs incurred by the
City, including engineering and legal fees,.. and any administrative: (~xpenses related to the
project. The Developer shall make full payment to the City for the project costs within ten
days after a written invoice has been provided by the City to the Developer.
3. Simultaneously with executing this Agreement, the Developer shall submit to the City a
certified letter of credit in the amount of $100,000 approved by the City Attorney made
payable to the City upon which the City may draw in the event the Developer defaults in any
of its obligations under this Agreement.
4. This Agreement is binding on the parties and their respective successors and assigns and
shall be governed by the laws of the State of Minnesota.
5. The invalidity or unenforceability of any provision in this Agreement shall not in any way
affect the validity or enforceability of any other provision, and t.his Agreement shall be
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construed in all respects as if such invalid or unenforceable provisions had never been part
of the Agreement.
6. This Agreement constitutes the entire agreement. between the parties. concerning the
engineering and design of the project, and unless otherwise provided in this Agreement, any
other agreements or understandings, whether oral or written, with respect to such matters are
superseded and revoked. This Agreement may not be modified or amended except by a
writing signed by each party.
City of Shakopee
By D. f\-
Its Mayor
By--}f",Q 1110 lu,(J)
s City Admimstrator
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By . . ,
ts City Clerk. .
Shakopee Crossings Limited Partnership
A Wisconsin limited partnership
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Nevac, Inc., a Wisconsin Corporation
Its General Partner
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SH155-23
SAP 70-618-030
CSAH 18 at Crossings Boulevard
City of Shakopee
Scott County
AGREEMENT FOR P ARTICIP ATION IN THE CONSTRUCTION
AND OPERATION OF TRAFFIC CONTROL SIGNAL SYSTEM, INTEGRAL
STREET LIGHT, AND RELATED ROADWAY IMPROVEMENTS
Tms 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" .
WITNESSETH:
WHEREAS, It is considered mutually desirable to install a full traffic actuated traffic control signal system
with mast arms and integral street lights at the intersection of CSAH 18 and Crossings Boulevard within the
City; and
WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of
said signal system and integral street lights; and
WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec.
162.17.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I
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 at the intersection of CSAH 18 and Crossings Boulevard.
Such installation, as described immediately above, shall be identified and accomplished under County Project
No. SAP 70-618-030, 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.
II
The tenn specifications as used herein shall mean the 2000 Edition of the Minnesota Department of
Transportation "Standard Specifications for Construction" and the project special provisions.
SAP 70-618-030
CSAH 18 at Crossings Boulevard
City of Shakopee
Scott County
ill
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.
IV
The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase,
alternating current electrical power connection to the project location at the sole cost and expense of the City.
The City shall provide the electrical energy for the operation of the traffic control signal system and integral
street lights to be installed under the project, all at the sole cost and expense ofthe City.
V
The County shall advertise for bids for the construction of this project, 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 hereof.
VI
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. It is understood that the estimated construction cost
stated hereinafter is for informational purposes only. The estimated construction cost of this project is
$173,800.00.
VII
The City shall reimburse the County for its share in the construction cost of the contract work. The total
final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit
"A" attached hereto, and shall include all equipment provided by the County that is necessary to make the signal
system operational. It is further agreed that the Engineer's Estimates referred to in this agreement are estimates
ofthe construction cost for the contract work on said projects and that the unit prices set forth in the contract
with the successful bidder 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 projects according to the provisions of this
paragraph.
SAP 70-618-030
CSAH 18 at Crossings Boulevard
City of Shakopee
Scott County
VIII
The final amount of the City's share of construction and engineering costs of these projects shall be
determined and any amount due paid to the County upon completion of the projects and submittal to the City of
the County's final, itemized, statement of the projects costs.
IX
The City shall, as its share of the construction costs, pay the County 50 percent (50%) of the actual
construction cost of the traffic control signal system with integral street lights. The City shall pay the County
10 percent (10%) of such share of the construction cost as payment for the design of the traffic control system
and roadway improvements; and 8 percent (8%) of such share ofthe construction cost as payment for inspection
of County State Aid Project (S.A.P.) No. 70-618-030.
X
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.
XI
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 $9,400.
The City shall, as its share of the EVP construction costs, pay the County one hundred percent (100%) of the
actual EVP construction cost.
XII
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.
XllI
Upon completion of the work, the County shall maintain and repair said traffic control signal system at the
sole cost and expense of the County. Further, the County shall maintain and repair the components ofthe EVP
system and any repairs required shall be at the sole cost and expense of the City. Further, the County shall
maintain the integral street lights except for the City maintaining photoelectrical controls, relamping, and
glassware thereof.
SAP 70-618-030
CSAH 18 at Crossings Boulevard
City of Shakopee
Scott County
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
Minnesota Statues Chapter 169.01, Subdivision 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.
(2) Malfunctions ofthe 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.
XIV
If requested by the City, the initial pedestrian striping for the intersection shall be included as part of the
signal construction. The City shall be responsible for all subsequent roadway pedestrian striping required after
the initial work and shall be responsible for 100% ofthe subsequent related costs.
XV
The construction of this project shall be under the supervision and direction of the County. However, the
City Engineer shall cooperate with the County Engineer and his staff, at their request to the extent necessary,
but shall have no responsibility for the supervision of the work.
XVI
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 perfonnance 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.
SAP 70-618-030
CSAH 18 at Crossings Boulevard
City of Shakopee
Scott County
XVII
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.
XVIn
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-.atits 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. Each
party's obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort
liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party's total liability for all
claims arising from a single occurrence, include the other party's claim for indemnification, to the limits
prescribed under 466.04.
XIX
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 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 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
SAP 70-618-030
CSAH 18 at Crossings Boulevard
City of Shakopee
Scott County
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 in no way be
the obligation or responsibility of the City.
XX
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.
SAP 70-618-030
CSAH 18 at Crossings Boulevard
City of Shakopee
Scott County
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their
respective du1y authorized officers as ofthe day and year first above written.
. CITY OF SHAKOPEE
(SEAL)
By And
John J. Schmitt, Mayor Mark McNeill, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
David Unmacht, County Administrator Barbara Marschall, Chair of Its County Board
Date Date
Upon proper execution, this agreement RECOMMEND FOR APPROVAL:
will be legally valid and binding.
By By
Patrick Ciliberto, County Attorney Bradley Larson, County Highway Engineer
Date Date
APPROVED AS TO EXECUTION:
By
Patrick Ciliberto, County Attorney
Date
mh-w:\word\project\618-030\Cooperative Agmt.doc
03/12-98
Rev. 1/12/04
EXHIBIT A
Estimated Quantities and Costs
CSAH 18 at Crossings Boulevard
Scott County. Minnesota
Prepared by JMG (SEH) on 12/16/03
Estimated Estimated Estimated Estimated
Estimated Estimated Estimated County County City City
Item Number Item Unit Quantity Unit Cost Total Cost Quantity Cost Quantity Cost
2565.511 Full Traffic Actuated Traffic Control Signal System Signal System 1 $68,000 $68,000 0.5 $34,000 0.5 $34,000
2565.601 Traffic Control Interconnection Lump Sum 1 $6,400 $6.400 1 $6,400 0 $0
2565.601 Emergency Vehicle Preemption System Lump Sum 1 $9,400 $9,400 0 $0 9400 $9,400
Total Estimated Construction Costs $83.800 $40,400 $43,400
Add County Furnished Materials $95,000 $47,500 $47,500
Total Estimated Signal Costs This Project $178,800 $87,900 $90,900