Loading...
HomeMy WebLinkAbout13.B.1. Agreement for Participation in the CH 69 and TH 169 Interchange Preliminary Design with Scott County 13.8. CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize the Execution of Agreement for Participation in the CH 69 and TH 169 Interchange Preliminary Design with Scott County DATE: May 18, 2010 INTRODUCTION: Attached to this memorandum is a Cooperative Agreement between Scott County and the City of Shakopee for the Preliminary Design of an interchange at CH 69 & TH 169 and for participation in the study. BACKGROUND: The County has included in their 2010 Transportation Improvement Program (TIP), an interchange study for the CH 69 & TH 169 intersection. At the February 23, 2010 workshop with Scott County Board, the CH 69 & TH 169 Interchange Preliminary Design, Timeline and Cost Participation was discussed. At this meeting, a request for cost participation was mentioned by the county staff and board to the city council of 25% of the study cost. The County would also be asking MNDOT for funds in order to move this study along and in position for interchange funds in the future. Attached to this memorandum is the agreement for this study and for a 25% cost participation from the city of Shakopee of the estimated study cost of $600,000.00. Funding for this preliminary design would come from general fund balance as recommended by the Finance Director. Scott County has also asked MNDOT for financial support of this study and MNDOT will be reviewing this request in the next few weeks. Scott County has indicated that they would be responsible for any funding of the study not covered by the city or MNDOT. The County has also indicated that support from the city is essential in order to move this study forward at this time. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Agreement for Participation in CH 69 & TH 169 Interchange Preliminary Design between the City of Shakopee and Scott County with funding to be from the general fund balance. 2. Do not authorize the Agreement at this time. 3. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No. 1 as in order for this project to move forward, an Agreement and Cost Participation is needed from the city. ACTION REQUESTED: 1. Authorize the appropriate City officials to execute the Agreement for Participation in CH 69 & TH 169 Interchange Preliminary Design between the City of Shakopee and Scott County with funding to be from the general fund balance. r ce Loney,' . Public Wor irector BL/pmp H:\2010 ENGINEERING PROJECTS\2010 COUNCIL \AGREEMENT - CH 69 & TH 169 INTERCHANGE.DOCX CP 69 -03, CH 69 County of Scott City of Shakopee AGREEMENT FOR PARTICIPATION IN CH 69 & TH 169 INTERCHANGE PRELIMINARY DESIGN 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 of Shakopee will be jointly working together on a CH 69 Interchange Preliminary Design that begins north of TH169 and ends south of TH 169 and will encompass the area along TH 169 between CH 15 and TH 41. B. The CH 69 Interchange Preliminary Design under County Project No. CP 69 -03 (hereinafter referred to as the Pre Design or Interchange Pre Design). C. The City has expressed its desire to participate in the cost of the Study. D. The Study will focus on the development of an Interchange Pre Design including environmental documentation, and development of a Staff Approved Level 2 Mn/DOT layout for TH 169 at CSAH 69 and future integration with the planned TH 41 interchange and is anticipated to start in the spring of 2010 and last for approximately one and a half years. E. The information generated by this Interchange Pre Design shall be used to begin the final design of the interchange. F. The County Project lies within the City of Shakopee and Jackson Township. G. The estimated cost for the Interchange Design Study is $600,000. H. It is contemplated that said work shall be carried out by the parties under the provisions of Minn. Stat. Sec. 162.17, subd. 1. CP 69 -03, CH 69 County of Scott City of Shakopee NOW, THEREFORE, IT IS HEREBY AGREED: 1. All work shall be completed under the direction of the County, consistent with the plans and conditions for a CSAH 69 & TH 169 Interchange Pre Design. The City shall partner with the County on the consultant selection team and participate on the project management team. 2. The City shall reimburse the County for twenty -five percent (25 %) of the contract cost of the Interchange Pre Design estimated at One Hundred Fifty Thousand Dollars and no /100 ($150,000). This amount shall be paid by the City to the County upon work completed as part of the Pre - Design. The final amount of the City's share of Pre Design costs shall be determined and any amount due paid to the County within thirty (30) days of completion of the Interchange Pre Design and submittal to the City of the County's final, itemized, statement of the Pre Design costs. 3. The City and County shall enter into a Memorandum of Understanding (MOU) upon completion of the Pre Design. The MOU shall outline both City and County responsibilities for the design and construction of the interchange. 4. 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. 5. 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. 6. 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. 7. 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 CP 69 -03, CH 69 County of Scott City of Shakopee replacement work or provision of work as directed 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. 8. 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. 9. 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 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. 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 Minn. Stat. sec. 466.04. 10. 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 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. CP 69 -03, CH 69 County of Scott City of Shakopee 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 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. 11. 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. In addition, upon entering into this agreement, the City certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and Americans With Disabilities Act Policy, attached hereto and incorporated herein as Exhibit "A" through both oral and written communications. 12. 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 -9361. Any change in name, address, or telephone shall be noticed to the other party. 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) B 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, County Administrator Barbara Marschall, Chair of Its County Board Date Date Approved as to form and upon proper execution, RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Pat Ciliberto, County Attorney Mitchell J. Rasmussen, County Engineer Date Date W: \zSCOOP_Proj ectCP69- 03\ AgreementsRBARES \Agreement_Shakopee_Interchange. doc EXHIBIT A 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, 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 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 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 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, 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. 100, or < ...csy" 214417W/filtatal 4/ 5 Gary L helton Date Barbara K. Marschall Date Scott County Administrator Chair, Board of Commissioners