HomeMy WebLinkAbout5.C.6. Approve a construction cooperative agreement for County Project 17-32J for Jennifer Lane Palatoll Consent Business 5. C. 6.
SH. KOPEE
TO: Mayor and City Council
FROM: Bruce Loney, Public Works Director
DATE: 06/16/2015
SUBJECT: Approve a Construction Cooperative Agreement for County Project
17-32J for Jennifer Lane (D,E)
Action Sought
Authorize the appropriate city officials to execute the Scott County Construction
Cooperative Agreement for the CH 17-32J (Jennifer Lane) project.
Background
The County has completed plans for the CH 17-32J project which is for the
extension of Jennifer Lane from Valley Creek Crossing 2nd Addition to Wood Duck
Trail.
The attached agreement contains the City's cost share for Jennifer Lane
improvements. The cost participation is for 10% of the roadway, storm sewer and
ponding costs along with engineering costs as outlined in the agreement; and 100%
of the sanitary sewer. Shakopee Public Utilities will be responsible for 100% of the
watermain cost. The County is using federal funds to pay for a significant part of
the roadway and storm drainage cost.
Recommendation
Staff recommends execution of this agreement as it will provide for another local
road connection for the Wood Duck Trail neighborhood.
Budget Impact
This project affects the Sanitary Sewer fund, Capital Improvement fund and Storm
Drainage fund in which sufficient funds are available and with the following
estimated amounts:
1. Sanitary Sewer Enterprise Fund - $167,990.00
2. Capital Improvement Fund - $96,008.20
3. Storm Drainage Fund - $18,926.00
Relationship to Vision
This supports Goals D & E: Maintain, improve and create strong partnerships with
other public and private sector entities; and Deliver effective and efficient public
services by a staff of well-trained, caring and professional employees.
Requested Action
Authorize the appropriate city officials to execute the Scott County Construction
Cooperative Agreement for the CH 17-32J (Jennifer Lane) project.
Attachments: Agreement
County Project No.CP 17-32J/SP 070-596-012
City of Shakopee
County of Scott
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, 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 is planning to construct a local street connection, herein after called "Project", between
Wood Duck Avenue at Lakeview Drive and the southerly termini of Jennifer Lane in the Valley Creek
Crossing 2nd Addition Development.
B. Construction is anticipated to begin in 2015. The County anticipates advertising the Project to solicit
bids for construction early July 2015, and awarding the Project construction contract late July 2015.
C. Shakopee is planning to install an 8-inch sanitary sewer in the Project area along the Jennifer Lane
Extension that will connect into their existing sanitary sewer main in Valley Creek Crossing 2nd
Addition. The total length of the 8-inch sanitary sewer is approximately 2,061 lineal feet.
D. The Parties desire to enter into an agreement for the mutual benefit of each party to benefit from the
economies of scale by incorporating the sanitary sewer plans into the County's Project.
E. The above described Project lies within the corporate limits of the City of Shakopee.
F. The County Engineer 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 million, one hundred and twelve thousand, four hundred and fifty six Dollars and twenty Cents
($1,112,456.20). A copy of said estimate (marked Exhibit "C") is attached hereto and made a part
hereof.
G. It is contemplated that all of the above improvement work shall be carried out by the parties under the
provisions of Minn .Stat. Sec. 162.17, subd. 1.
1
County Project No.CP 17-32J/SP 070-596-012
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 17-32J/SP 070-596-012 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 shall be in form and includes the plans and
specifications prepared by County or its agents, which said plans and specifications are by this reference
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 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 of the contract work for said
Project and the total final contract construction cost shall be apportioned as set forth in Exhibit "C". The
City shall, based on the contract price, deposit with the Scott County Treasurer ninety five percent
(95%) of the estimated City's share of the construction and engineering costs, engineering costs are
based on the following: 10% Design (Sanitary Sewer Excluded), 8% Construction
Engineering/Administration (4% on Sanitary Sewer) and 3% Administration payment on the City's
Share of the Project after federal funding has been applied. The City shall also reimburse the County for
50% of WSB, Inc. fees for Drainage Design and 50% of Kimley Horn, Inc. fees for Wetland Permitting.
This Payment shall be made within thirty (30) days after award of contract. 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.
(See Exhibit"C".)
2
County Project No.CP 17-32J/SP 070-596-012
City of Shakopee
County of Scott
4. The cost of the items in which the City shall participate shall be based on the unit prices in the contract
and the final construction quantities as determined by the Project Engineer in charge.
5. The City shall, upon completion of the Project and based on the final contract amount, make payment to
the Scott County Treasurer for the City's remaining share of construction costs of the project, upon
submittal to the City, the County's final itemized statement of the Project costs, on or before December
31, 2016 or until all obligations set forth in this agreement have been satisfactorily fulfilled whichever
occurs later,whichever occurs first.
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. 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.
7. All records kept by the City and the County with respect to the Projects 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.
8. The City shall provide and/or perpetuate an adequate electrical power supply to the integral street lights
and upon completion of said new and revised integral street lights installations shall provide and/or
continue to provide necessary electrical power for its operations at the sole cost and expense of the City.
9. 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
3
County Project No.CP 17-32J/SP 070-596-012
City of Shakopee
County of Scott
be not more than those established by the State Board of Electricity in the most recently recorded
Electrical Inspection Fee Schedule.
10. ROW Clause
11. No Trails are proposed.
12. No Street Lights are proposed.
13. No Striping proposed.
14. The City shall, at its own expense, remove and replace all City owned signs that are within the
construction limits of the Project.
15. 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.
16. 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.
4
County Project No. CP 17-32J/SP 070-596-012
City of Shakopee
County of Scott
17. 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.
18. 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 may or 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.
19. 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 shall be the sole responsibility of the County and shall not be the obligation or
responsibility of the City. 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".
20. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5, 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
5
County Project No. CP 17-32J/SP 070-596-012
City of Shakopee
County of Scott
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.
21. 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.
22. 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.
23. The County's Authorized Agent for the purpose of the administration of this Agreement is Maria A.
Heller, Supervisor Admin Services, or her successor. Her current address and phone number is Scott
County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952)496-8369.
24. The City's Authorized Agent for the purpose of the administration of this Agreement is Bruce Loney,
Public Works Director, or his successor. His current address and phone number is 500 Gorman St,
Shakopee, MN 55379, (952) 233-9361. Any change in name, address, or telephone shall be noticed to
the other party.
6
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
Brad Tabke, Mayor Bill Reynolds, City Administrator
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Gary Shelton, 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
Ron Hocevar, County Attorney Anthony J. Winiecki, Interim County Engineer
Date Date
APPROVED AS TO EXECUTION:
By
Ron Hocevar, County Attorney
Date
http://teamscoop/div/CommunitySvcs/contracts/PDProjectContracts/CP 17-32J Construction Coop_Shakopee Draft.docx
EXHIBIT A
POLICY STATEMENT
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. direchveo, 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, co|or, cneed, nehgion,
national o(iQin, sex, disabiUty, age, martial otatus, sexual onentation, or status with regard to
public assistance. Such employment practices include, but are not limited to, the following:
hiring, upgnading, demotion, tnanshar, ncoruitnnentnrxacruhn)sntadve�ising. selection, |ayoff,
disciplinary action. tennin3tion, rates of pay or 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 |avvs, directivea, and regulations of Federal, State, and local governing bodies or
agencies thereof, including Minnesota Gtatutes, 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 programIf 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 5537B'1220. orcall (852) 490'B1O3.
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V��p9 L. elton Date Thomas J. Wolf Date
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