HomeMy WebLinkAbout5.A.1. C.R. 101 Construction Cooperative Agreement between Scott County and the Cityof Shakopee
5.A. L
CITY OF SHAKOPEE CONSENT
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: C.R. 101 Construction Cooperative Agreement between
Scott County and the City of Shakopee
DATE: October 6, 2009
INTRODUCTION:
Attached is a Construction Cooperative Agreement for C.R. 101 improvements, from west of
Valley Park Drive to west of 70tli Street, as prepared by the Scott County Highway Department.
BACKGROUND:
The County has received turnback funding to improve C.R. 101 and is currently doing an
improvement project by bituminous resurfacing, box culvert replacement and other related
improvements. One of these other related improvements is the replacement of the signal systems
on C.R. 83 and Valley Park Drive at C.R. 101. At the C.R. 83 signal, all four legs are considered
County legs, thus State turnback funding will pay for the signal system. At the Valley Park
Drive signal system, the State does not pay for local legs or replacement of the system, therefore
the County's Cost Participation Policy requires the City to pay for its local legs.
Attached to this memo is the Construction Cooperative Agreement which spells out the
improvements and the items the City and County will do for the construction project. Also
attached is Exhibit "B" which has the costs associated for the City based on actual bid prices.
The current estimate of costs for the local leg participation of the V alley Park Drive and C.R.
101 signal system is $87,219.70. Staff did negotiate with the County to split the local share of
one local leg of the Valley Park Drive signal. The City's funding for this project would come
from the State Aid Account, since Valley Park Drive is a State Aid street.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute the Construction Cooperative
Agreement for County Project No. CP 101-05 and authorize funding for this project to
come from the City's State Aid Account.
2. Do not authorize the Construction Cooperative Agreement for County Project No. CP
101-05.
3. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No.1, as the City is required under the County's Cost
Participation Policy to pay for replacement of local legs of a replacement on a traffic control
signal system.
ACTION REOUESTED:
Authorize the appropriate City officials to execute the Construction Cooperative Agreement for
County Project No. CP 101-05 and authorize funding for this project to come from the City's
State Aid Account.
e~
Public Works Director
ENGR/2009.PROJECTS/CR IOI.RECONSTRUCTIONIWORD/AGREEMENT -CPIOI-OS
County Project No. CP 101-05
City of Shakopee
County of Scott
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this _ day oJ , 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 improve County State Aid Highway (CSAH) 101 from west of
Valley Park Drive to west of 70th Street as shown on the County Engineer's plans for County Project
No. CP 101-05 (SAP 70~ 701-005 CTB) which improvement contemplates and includes milling,
geotextile fabric, bituminous overlay, signal system, box culvert replacement, and other related
improvements (hereinafter referred to as the Project).
B. The above described Project lies within the corporate limits ofthe City.
C. 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, Six Hundred Sixty-Six Thousand Five Hundred Fifty-Five Dollars and Thirty-Six cents
($1,666,555.36). A copy of said estimate (marked Exhibit "B") is attached hereto and made a part
hereof.
D. 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.
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 101-05 (SAP 70-701~005 CTB), 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 made a part hereof.
1
County Project No. CP 101-05
City of Shakopee
County of Scott
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 the Division of Cost
Summary in said Exhibit "B" attached hereto. 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 fmal 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.
4. In addition to payment ofthe City's proportionate share of the contract construction cost, the County and
the City further agree to participate in the Preliminary Engineering, which includes all costs of planning, design
and preparation of plans and specifications, in an amount of ten percent (10%) of the cost of construction. The
County and City further agree to participate in the Construction Engineering, which includes the complete
staking, inspection and supervision of the construction, in an amount of eight percent (8%) of the fInal contract
amount.
S. The City shall, based on the contract price, deposit with the Scott County Treasurer one hundred percent
(100%) of the estimated City's share of the construction and engineering costs as partial payment within thirty
(30) days after award of contract and execution of this Agreement, whichever is later.
The fInal amount of the City's share of construction and engineering costs of the 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 fmal, 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.
6. The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of
these reports shall be furnished to the City upon request.
2
County Project No. CP 101-05
City of Shakopee
County of Scott
7. 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.
8. 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.
9 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.
10. The County reserves the right not to issue any permits for a period of five (5) years after completion of
the Project for any service cuts in the roadway surfacing of the County Highway included in the Project for any
installation of underground utilities which would be considered as new work; service cuts shall be allowed for
the maintenance and repair of any existing underground utilities. The County continues to reserve the right to
approve or deny access along the C.S.A.H. 101 corridor. Any proposed new or change in access, must go
through the County access permit process.
11. The City further agrees to provide any and all permanent or temporary right-of-way on City owned
property needed by Scott County for the completion of the Project.
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.
3
County Project No. CP 101-05
City of Shakopee
County of Scott
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.
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 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.
4
County Project No. CP 101-05
City of Shakopee
County of Scott
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.
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, Program Specialist, 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 Public Works Director, or his successor. His current address and phone number are 129 S Holmes Street,
Shakopee, MN 55379, (952) 233-9300. Any change in name, address, or telephone shall be noticed to the other
party .
5
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 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
Susan K. McNellis, Ass't County Attorney Mitchell J. Rasmussen, County Engineer
Date Date
APPROVED AS TO EXECUTION:
By
Susan K. McNellis, Ass't County Attorney
Date
W:\ WORD\PROJECnCp 101-05\Construction _Coop _ Shakopee _10 1-05.doc
EXHIBIT A
I\i .. · ....PQUCYCSTATENlf:NT::.i(\;1
It is the pol'icy of Scott County Government to provide Equal Opportunity to all employees and
applicants for employment in accordance with aU applicable Equal Employment Opportunity
laws, direotives, 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', COlOf, creed, religion,
national origin, sex, disability, age. martia.1 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 aU 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 program. If any employee or applicant for employment believes he or she
has been discriminated against, plea,sa 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.
~4 <gt{- ~~l Ulft,jl 9 It c'
Gary L. helton Date Jo an Ulrich Date
Scott County Administrator Chair, Board of Commissioners
EXHIBIT B
COST SHARE - TRAFFIC SIGNAL AT VALLEY PARK DRIVE
TRAFFIC CONTROL SIGNAL SYSTEM $145,000.00
VIDEO DETECTOR SYSTEM -INSTALLATION $3,100.00
COUNTY FUNISHED ITEMS (EST)
CONTROLLER AND CABINET $14,000.00
VIDEO DETECTION SYSTEM $24,500.00
PEDESTRIAN PUSH BUTTONS $1,000.00
TOTAL ESTIMATE (w/o EVP) $187,600.00
COST SHARE
COUNTY - CSAH 101 1/2 = 4/8
COUNTY - VALLEYFAIR ACCESS 1/2 (1/4) =
1/8
COUNTY SHARE 5/8
$187600.00 * 5/8 = $117,250.00
SHAKOPEE - VALLEY PARK DRIVE 1/4 = 2/8
SHAKOPEE - VALLEYFAIR ACCESS 1/2 (1/4) =
1/8
SHAKOPEE SHARE 3/8
$187600 * 3/8 = $70,350.00
CITY OF SHAKOPEE COSTS
TRAFFIC SIGNAL SYSTEM $70,350.00
EVP SYSTEM $3,565.00
TOTAL $73,915.00
10% PRELIMINARY ENGINEERING $7,391.50
8% CONSTRUCTION ENGINEERING $5,913.20
GRAND TOTAL $87,219.70