HomeMy WebLinkAbout13.A.1.b. Construction Cooperative Agreement for Bus only Ramp and Eagle Creek Station Park and Ride
CITY OF SHAKOPEE J~. Ft. I, b,
Memorandum
TO: Honorable Mayor & City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Approval of Construction Cooperative Agreement for Bus-Only Ramp and Eagle
Creek Station Park and Ride
MEETNG DATE: April 7, 2009
INTRODUCTION:
Attached to this memorandum for Council consideration is the final draft of the Construction
Cooperative Agreement between Scott County and the City of Shakopee for the Eagle Creek
Station park and ride and bus-only ramp project. Council is asked to authorize the appropriate
City officials to execute the agreement
DISCUSSION:
Under the existing MOU for the Southbridge and Eagle Creek park and rides, it was expected
that the cities of Prior Lake and Shakopee would respectively pay 40% and 60% of site
acquisition and construction costs that are not federally funded. Under the draft Agreement,
Shakopee would reimburse the County for its share (sixty percent [60%]) of the non-federal
construction costs and contract administration costs over and above the federally funded portion.
The site is on land that is owned by the SMSC, and the County has been negotiating a lease with
them. The initial lease is for twenty-five years, automatically renewable for another twenty-five
years. Scott County will pay the lease costs for the land, rather than the cities of Shakopee and
Prior Lake. City staff s understanding is that the lease has not yet been executed, thus if for
some reason it is not ultimately executed, and the park and ride were not constructed on the site,
staff s assumption is that the Agreement would be void or voidable.
RECOMMENDATION:
Staff recommends that the Council authorize the appropriate City officials to execute the
Construction Cooperative Agreement for the Eagle Creek Station and bus-only ramp as
presented.
ACTION REQUESTED:
Offer and pass and motion authorizing the appropriate City officials to execute the Construction
Cooperative Agreement for the Eagle Creek Station and bus-only ramp as presented.
~~
R. lchael Leek
Community Development Director
County Project No. CP 21-15
. 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 Bus Only Ramp from Stagecoach Road to NB TH
169 and a second regional park-and-ride facility the Eagle Creek Station that would accommodate
545 parking spaces with the potential to be expanded to 761 spaces at the SW comer of CH 16 and
CH 21 site as shown on the County Engineer's plans for County Project No. CP 21-15 (SP 70-621-
024).
B. The project (hereinafter referred to as the Project) will be completed in two phases; Phase 1 will
include complete construction of the Bus Only Ramp and site grading and clearing of the Eagle Creek
Park and Ride site, with Phase 2 improvements include grading, base, paving, lighting, census system
and surveillance system, sewer, and watermain and pre-fab bus shelter.
C. The above described Project lies within the corporate limits ofthe City of Shakopee.
D. An Engineering consultant firm 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 the total cost
for contract work for Phase 1 construction is estimated at Seven Hundred Ninety Seven Thousand,
One Hundred Eighty Nine Dollars ($797,189), Phase 2 construction is estimated at One Million, Nine
Hundred Thirty Five Thousand, Seven Hundred Sixty Four Dollars ($1,935,764) (hereinafter
"Engineer's Estimate"). A copy of said estimate (marked Exhibit "B") is attached hereto and made a
part hereof
E. It is contemplated that all ofthe 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 21-15
City of Shakopee
County of Scott
NOW, THEREFORE, IT IS HEREBY AGREED:
1. The recitals set forth above are incorporated as if fully set forth herein.
2. The County or its agents shall advertise for bids for the work and construction of the aforesaid Project
No. CP 21-15/SP 70-621-024, 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 is in form and includes the plans and specifications prepared by the County
or its agents, which said plans and specifications are by this reference made a part hereof.
3. 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.
4. 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 $2,186,360 that is federally funded and the total final contract
construction cost shall be apportioned as set forth in the Division of Cost Summary in Exhibit "B". 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
final quantities as measured by the County Engineer shall govern in computing the total final contract
construction cost for apportioning the cost of the Project according to the provisions of this paragraph.
In order to provide support of these transit improvements, the County waives its normal cost share designated as
Preliminary Engineering, which includes all costs of planning, design and preparation of plans and
specifications, in an actual amount of up to ten percent (10%) of the cost of construction. The County waives
its normal cost share designated as Construction Engineering, which includes the complete staking, inspection
and supervision of the construction, in an actual amount of up to eight percent (8%) of the final contract
amount. The County further waives the costs of administration of the City contract work, which includes
coordination with the contractor, processing of payment, and preparation of contract documents (change
orders/supplemental agreements), in an actual amount of up to three percent (3%) of the final City contract
amount. The cost of the items in which the County 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.
2
County Project No. CP 21-15
City of Shakopee
County of Scott
5. The City authorizes Scott County to enter into a long term lease with the Shakopee Mdewakaton Sioux
Community (SMSC) for use of the 12.4 Acre Eagle Creek Station property for transit purposes. The County
agrees to pay the City's 60% of the lease costs which are anticipated to be $22,320 of $37,200 for the first 25
years of the lease at which time the lease will automatically renew for an additional 25 years at a cost of
$74,400 of which the County will also pay the City Share of $44,640. If the property is placed into Trust with
the United States for the benefit of the SMSC the rates could be adjusted on a five year basis
6. In addition to payment of the City's proportionate share forty percent (60%) of the contract construction
cost to be allocated pursuant to Paragraph 4 above, the County and the City further agree that the County shall
invoice the City for fees, (including by not limited to, tree replacement, sewer water and electrical service
charges and permit fees) that are incurred during the construction process. Transit local share is based on the
July 2006 MOD between Shakopee, Shakopee and Scott County regarding cost sharing for construction,
engineering and right of way acquisition for the Southbridge' Crossings and Eagle Creek Transit Stations. The
40% Prior Lake and 60 % Shakopee cost split stated in the MOU was used to compute the local share of
construction costs for the Bus Only Ramp as well as the transit station.
7. The City shall, based on the contract price, deposit with the Scott County Treasurer one hundred percent
(50%) of the City's share of the Phase 1 and Phase 2 construction costs of the Project within Sixty (60) days
after award of contract and execution of this Agreement, whichever is later And the remaining 50% of the
City's share of the Phase 1 and 2 construction cost on Dec 31, 2010.
The final amount of the City's share of construction costs of the Project shall be calculated 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.
8. The County Engineer shall prepare monthly progress reports as provided in the specifications. Copies
of these reports shall be furnished to the City upon request.
9. 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.
10. 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
3
County Project No. CP 21-15
City of Shakopee
County of Scott
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.
11. 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.
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.
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.
4
County Project No. CP 21-15
City of Shakopee
County of Scott
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 ofthe 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 ofthe 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".
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.
5
County Project No. CP 21-15
City of Shakopee
County of Scott
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, 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 ofthis Agreement is Mark McNeill,
City Administrator, or his successor. His current address and phone number is 129 South Holmes Street,
Shakopee, MN 55372, (952) 447-9800. Any change in name, address, or telephone shall be promptly 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 By
John J. Schmitt, Mayor Mark McNeill, City Administrator
Date Date
By
Judy Cox, City Clerk
COUNTY OF SCOTT
ATTEST:
By By
Gary L. Shelton, Interim County Administrator Jon Ulrich, Chair of Its County Board
Date Date
Upon proper execution, this Agreement ' RECOMMEND FOR APPRO V AL:
will be legally valid and binding.
By By
Pat Ciliberto, County Attorney Lezlie A. Vermillion, Public Works Director
Date Date
APPROVED AS TO EXECUTION:
By
Pat Ciliberto, County Attorney
Date
W:\ WORD\PROJECT\CP 21-15\Construction _Coop_Eagle Creek-Bus Only Ramp _ Shakopee.doc
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 SCr)tt 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.
/-/2rD1 JO~ U ( 1\ {, ,L., I~/S~ 09
Davi ~. Unmac Date Date
Scott County Administrator Chair, Board of Commissioners
EXHIBIT B
City of Shakopee Summary
Phase 1 Project #CP 21-15/SP 70-621-024/SP 70-621-025
Phase 2 Project #CP 21-16/SP 70-621-027/SP 70-621-028
The City shall reimburse the County for its estimated share ($95,663) of Phase 1 of the non-federal construction
costs (80% of$797,189 = $637,751 in federal Funds):
. Transit Facilities (Eagle Creek Station and Bus Only Ramp) $ 95,663
. Lease Share $ 22,300 Waived
. Engineering $100,445 Waived
. Total Phase 1 $ 95.663
The City shall reimburse the County for its estimated share of Phase 2 ($232,292) of the non-federal
construction costs (80% of$ 1,935,764=$1,548,611, in federal Funds):
. Transit Facility-eagle Creek Station $232,292
. Engineering costs $243,906 Waived
. Total Phase 2 $232.292
Note:
lAll costs are estimated at the time of writing of this agreement. Updated cost estimates will be provided
prior to solicitation of bids or as updated cost estimates are available.2. For payment purposes the costs for
the two phases will be summed ($327,955) and paid in two equal payments of$163,977.
Cost Participation Summary
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CSAH 21
Shakopee & Prior Lake, Scott County MN
1783-00
3/23/2009
PHASE 1 PHASE 1 PHASE 2 PHASE 2
CSAH 21 CSAH 21 CSAH 21 CSAH 21
Project Total S.P. 70-621-024 S.P.70-621-025 S.P.70-621-028 S.P.70-621-027
SOUTH OF CSAH 16 NORTH OF CSAH 16 SOUTH OF CSAH 16 NORTH OF CSAH 16
Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated Estimated
Description Quantity Cost Quantity Cost Quantity Cost Quantity Cost Quantity Cost
COST PARTICIPATION SUMMARY
SCOTT COUNTY
CSAH 21 & SIDE STREETS $16,682,523,92 $3,901,820,00 $2,197,970,20 $3,659,402,00 $6,923,331.72
STORM SEWER SO/SO $1,993,5M,67 $967,071.50 $497,343,00 $149,539,78 $379,630,40
NORTH BRIDGE $580,206,00 $580,206,00
SOUTH BRIDGE $205,142,00 $205,142,00
GAS MAIN LOWERING $100,000,00 $100,00000
CONDUIT $52,390.00 $52,390,00
SCOTT COUNTY TOTAL $19,613,846.60 $5,021,281.50 $3,480,66UO, $3,808,941.78 $7,302,962,11
TRANSIT FACILITIES
TRANSIT SITE $2,072,294.23 $136,530,05 $1,935,764.18
BUS RAMP $660,659,25 $660,659.25
TRANSIT FACILITIES TOTAL $2,732,953.48 $797,189.30 $1,935,764.18
CITY OF SHAKOPEE
CSAH 21 & SIDE STREETS $472,730,35 $472,730.35
W ATERMAIN / SANITARY SEWER
STORM SEWER (SO/SO NORTH OF CSAH 16 & 50/33/17 SOUTH) $1,613,936,84 $638,267,19 $497,343,00 $98,696.25 $379,630.40
CITY OF SHAKOPEE TOTAL $2,086,667.18 $638,267.19 $497,343.00 $98,696.25 $852,360.74
CITY OF PRIOR LAKE
CSAH 21 & SIDE STREETS $162,091.62 $162,091.62
PEDESTRIAN UNDERPASS $151,730,00 $151,730.00
W ATERMAIN I SANITARY SEWER $488,953.50 $488,953.50
STORM SEWER 50/33/17 $379,647,83 $328,804.31 $50,843.52
CITY OF PRIOR LAKE TOTAL $1,182,422,95 $969,487.81 $50,843.52 $162,091.62
SPUC
WATERMAIN I SANITARY SEWER
SPUC TOTAL
I TOTAL PER PHASE/SEGMENT $ 25,615,890.21 $ 7,426,225.80 $ 3,978,004.20 $ 5,894,245.74 $ 8,317,414.47
Project Total PHASE I PHASE II
FEDERAL FUNDS AVAILABLE $4,984,916.00 $6,500,000.00
FEDERAL FUNDS APPLIED TO TRANSIT FACILITIES
80% OF TOTAL
TRANSIT SITE I $1,657,835.38 I $109,224,04 ~ I I $1,548,611.34 ~ I
BUSRAMP I $528,527,40 I $528,527.40 ~ I I ~ I
REMAINING FEDERAL FUNDS TO APPLY
TO PHASE I AND PHASE II $4,347,164.56 $4,951,388.66
PROJECT TOTALS NOT INCLUDING NON-PARTICIPATING $22,341,593,23 $6,087,693,00 $3,978,004,20 $3,958,481.56 $8,317,414.47
PERCENTAGE OF FEDERAL PARTICIPATION 0.43 Federal 0.40 Federal
0.57 Local 0,60 Local