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HomeMy WebLinkAbout5.C.1. Construction Cooperative Agreement ~G. }, CITY OF SHAKOPEE Memorandum CONSEr~T TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval of Construction Cooperative Agreement for the former C.R. 77 (Fuller Street) Trail Improvement Project, from 17th A venue to Vierling Drive DATE: July 7, 2009 INTRODUCTION: Attached is a Construction Cooperative Agreement, as prepared by Scott County for participating funds towards the Fuller Street Trail Improvement Project. BACKGROUND: Scott County has programmed a contribution of $75,000.00 towards the trail improvement project along Fuller Street, which was formerly C.R. 77 and turned back to the City in previous years. In order to make a $75,000.00 contribution towards the project, the County needs to have a Construction Cooperative Agreement executed between the City and the County. The agreement is attached and lays out the provisions for the City to perform in order to obtain the $75,000.00 contribution from the County. ALTERNATIVES: 1. Approve a motion authorizing the appropriate City officials to execute the Construction Cooperative Agreement between the City of Shakopee and Scott County for the County's contribution towards the Fuller Street Trail Improvement Project. 2. Do not approve a motion authorizing the execution of the Construction Cooperative Agreement. 3. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No. 1. ACTION REQUESTED: Approve a motion authorizing the appropriate City officials to execute the Construction Cooperative Agreement between the City of Shakopee and Scott County for the County's contribution towards the Fuller Street Trail Improvement Project. ~H Bruce Loney, P.E. Public Works Director ENGR/2009-PROJECTSIFULLER-STREET-TRAILlCONSTRUCTION-COOPERATIVE-AGREEMENT CP 77 -01 County of Scott City of Shakopee CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this _ day of ,2009, by and between the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City " and the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the" County". RECITALS: A. The City and the County seek to provide an important connection between the new Shakopee High School and the more populated area of Shakopee by installing a bike/pedestrian access at former CR 77 (Fuller Street) from Vierling Drive East to 1/8 mile north of 17th Avenue, as shown on the City Engineer's plans for the Project. B. This Project helps meet appropriate bike/pedestrian facility requirements. C. This Project is in partnership with Mn/DOT and the City of Shakopee. D. The above described Project lies within the corporate limits of the City of Shakopee. E. The City 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 Eight hundred Fifty thousand dollars and no cents ($850,000.00). F. A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereof. G. It is contemplated that said improvement work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec. 162.17, subd.1. NOW, THEREFORE, IT IS HEREBY AGREED: 2. 1. The City. or its agents shall advertise for bids for the work and construction of the aforesaid City 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 cities. The City will submit the form contract, including the plans and specifications prepared by the City or its agents to the County as they are available but prior to bid opening. The City shall administer the contract and inspect the construction of the contract work for the Project at the sole cost of the City. The County Engineer shall cooperate with the City Engineer and his staff at their request to the extent necessary. CP 77-01 County of Scott City of Shakopee 3. The County shall reimburse the City, as the County's full and complete share of the construction cost of the contract work for said Project, a lump sum in the amount of Seventy-five thousand dollars ($75,000). 4. The County shall reimburse the City Treasurer the County's lump sum share of the construction and engineering. costs during the calendar year the Project is programmed in the Scott County 10-Year Transportation Improvement Plan (TIP). Reimbursement shall be made after the Project has been awarded and promptly upon receipt of an invoice from the City during said calendar year. 5. The City Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the County each month. 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. 7. 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. 8. 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 City or County 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. 9. Scott County no longer has jurisdiction over this road. The City engineer shall take full responsibility for maintenance and further permitting along this former County Road. 10. The City further agrees to provide any and all permanent or temporary right-of-way on City owned property needed 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 this Project. CP 77-01 County of Scott City of Shakopee 12. Upon completion of this Project, the City, at its expense, shall place the necessary "No Parking" signs and shall provide, at its sole discretion, the enforcement for the prohibition of on-street parking on that portion of Fuller Street constructed under this Project. 13. The City shall maintain the trail improvement at its cost for the life of the improvement. Any snow/ice removal shall also be the responsibility of the City. 14. 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 r~placement 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. 15. 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. 16. 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. CP 77-01 County of Scott City of Shakopee 17. 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 in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall not be the obligation or responsibility of the City. 18. 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". 19. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5 (2007), 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. CP 77-01 County of Scott City of Shakopee 20. 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. 21. 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. 22. The County's Authorized Agent for the purpose of the administration of this Agreement is Maria A. Heller, Program Specialist, or her successor. Her current address and phone number are Scott County Highway Department, 600 Country Trail East, Shakopee, MN 55352, (952) 496-8369. The City's Authorized Agent for the purpose of the administration of this Agreement is Bruce Loney, City Public Works Director, or his successor. His current address and phone number is 129 S Holmes Street, Shakopee, MN 55379, (952) 233-9300. Any change in name, address, or telephone shall be noticed to the other party. CP 77-01 County of Scott City of Shakopee 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 Gary L. Shelton, Interim 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\PROJECT\CP 77-01 \Construction_ Coop_Shakopee.doc EXHIBIT A I POLICYSTA TEMENT I , It is the policy of Scott County Government to provide Equal Opportunity to all employees and appUcantsfor employment in accordance withaUapp[icable Equal Employment Opportunity laW$. directives, .and regulations of Federal, State,. and . local governing. bodies or agencies thereof, including Minnesota Statutes, Chapter363. Scott CountywiUnot engage in any employment practices whichdisoriminateagainst or harass any employeeorapplicanUor employment because of race, color, creed, religion, national origin. sex. disabifity,age,martiali$tatus,sexuaJorientatioo, orstatu5 with regard to pub.licassistance. Suchemploymentpracticesinclude, butara.not limited to,thefollowing: hiring, upgrading, demotion, transfer, recruitment orrecruitmentadvertismg, selection,layoff, disciplinary action, termination, rates of pay or other forms of oompensation, and selection for training, inclUding apprenticeship. Further, Scott County fully supports incorporation of nondiscrImination. rules and regulations iritocontracts and. will.comOlitthe necessa.rytime and resources to achieve the goals of Equal Emp.loyrnent Opportunity, Any employeeOfthe.Countywho does not comply with the EquarEmployment Opportunity Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontract()r of the County not complying with all applicablf:'l Equal Employment Opportunity laws, directives, and regulations. of Federal. State, andlocalgoveming bodies or agenciestbereof. including Minnesota Statutes, Chapter 363, willi 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 effectivenessofthis program, as required by Federal, < State" and JocaJagencies. TheSoott County Administrator will receive and review reports on the progress ofthe program; If anyempJoyeeorapplicantfor 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. ~I!r /-/8--0' ~ Lt(I\L~ I-ia~ !)9 Date Jonlrich · Date Seott'County Administrator Chair, Board of Commissioners EXHIBIT B Estimated Project Costs Construction $850,000.00 (Estimate) Engineering to Date $ 45,000.00 (Includes Consultant & Staff time) Consultant Engineering for $147,480.00 Design and Construction Staff Time $ 15.000.00 TOTAL $1,057,480.00 Estimated FundinQ Sources and Amounts Federal ARRA $700,000.00 Scott County $ 75,000.00 Development Contribution $ 14,000.00 School District $ 3,200.00 MNDOT $ 45.000.00 *TOT AL $837,200.00 *The City of Shakopee is responsible for remaining costs.