HomeMy WebLinkAbout4.C.1. Approve Cooperative Agreement with Scott County for the CH 16-31 Project Consent Business 4. C. 1.
SHAKOPEE
TO: Mayor and City Council
FROM: Bruce Loney, Public Works Director
DATE: 10/06/2015
SUBJECT: Approve a Cooperative Agreement with Scott County for the CH 16-31
Project (D,E)
Action Sought
Authorize the appropriate city officials to execute the Scott County Construction
Cooperative Agreement for the CH 16-31 Project.
Background
The County has completed plans for the CH 16-31 project which is for the
reconstruction CH 16 to a four lane highway approximately from CH 83 to
approximately 1000 feet east of CH 21.
The attached agreement contains the City's cost share for CH 16 improvements.
The cost participation is for bituminous trail, curb and gutter, storm sewer and
engineering costs. Funding of this project will be from Surface Drainage funds and
Capital Improvement fund.
With this project, a new frontage road along CH 16 will be created which will
remove several accesses off of the County Highway. The agreement also contains
the easements from the City to the County for ponding and temporary construction.
Recommendation
Staff recommends the execution of this agreement.
Budget Impact
This project affects the Surface Drainage fund and Capital Improvement fund in
which sufficient funds were budgeted.
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 16-31 Project.
Attachments: County 16-31 Cooperative Agreement & Easements
CP 16-31,SAP 070-616-032,SAP 166-020-018
County of Scott
City of Shakopee
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2015, 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 County and the City seek to reconstruct segments of County Highway (CH) 16, from CH 83
to approximately 1,000 feet east of CH 21, as shown on the County Engineer's plans for County
Project No. CP 16-31 (State Aid Project Numbers SAP 070-616-032, SAP 070-166-020-018),
which improvement contemplates and includes operational, capacity and safety improvements
for safety of the traveling public, (hereinafter referred to as the Project).
B. The Project will reconstruct CH 16 from a two-lane rural roadway to four-lane divided urban
roadway with turn lanes, paved shoulders, and trails on both sides of the county highway.
C. The Project includes shifting the alignment of CH 16 south along the Dean's Lake neighborhood
to convert a section of the existing CH 16/Eagle Creek Blvd into a local/frontage road
(hereinafter referred to as the Frontage Road) and eliminate a number of direct access private
driveways to CH 16.
D. The Frontage Road will be improved with a full depth reclamation and new road surface upon
completion of the Project.
E. The Project includes a realignment of McKenna Road to improve the safety of the intersection
with CH 16.
F. The above described Project, as further described in Exhibit B, attached and hereby
incorporated, lies within the corporate limits of the City of Shakopee.
G. 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 Eleven Million, Sixty Thousand, Five Hundred and Five Dollars
($11,060,505), Exhibit C, attached hereto and made a part hereof.
H. It is contemplated that said improvement work shall be carried out by the parties under the
provisions of Minn. Stat. Sec. 162.17, subd. 1.
1
CP 16-31,SAP 070-616-032,SAP 166-020-018
County of Scott
City of Shakopee
NOW, THEREFORE, IT IS HEREBY AGREED:
1. The County or its agents shall perform all the required design engineering services for the Project and
prepare all the necessary plans, specifications, and proposals to obtain project authorization in a timely
manner.
2. The County or its agents shall advertise for bids for the work and construction of the aforesaid Project
No. CP 16-31, 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 applicable to
counties. The contract shall conform to County and statutory requirements and shall include the plans
and specifications prepared by the County or its agents for the Project.
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 a share of the construction cost of the contract work for the
Project. The total final contract construction cost shall be apportioned as set forth in the Division of Cost
Summary in Exhibit C.
5. It is further agreed that the engineer's estimate and the unit prices set forth in Exhibit C are only
estimates of the construction cost for the contract work on the project 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.
6. In addition to payment of the City's share of the contract construction cost, the City further agrees to
reimburse the County a share of the preliminary engineering, construction engineering, and contract
administration services for the Project based on the City's portion of the total construction costs. The
City agrees to pay an additional amount designated as Preliminary Engineering, which includes costs of
planning, design and preparation of plans and specifications, in an amount equal to ten percent (10%)
of the City's final cost of construction contribution. The City agrees to pay an additional amount
designated as Construction Engineering in an amount equal to eight percent (8%) of the City's final cost
of construction contribution, which includes the inspection and supervision of the construction, along
with an amount designated as Contract Administration in the amount of three percent (3%), of the City's
portion of final construction contract amount.
7. The County agrees to purchase from the City the necessary right of way for the Project on the City fee
owned park parcel (Parcel No. 26 as shown in Exhibit D-Scott County Right of Way Plat No. 92) for a
fee of Twelve Thousand Five Hundred Dollars ($12,500). The County shall deduct this amount from
2
CP 16-31, SAP 070-616-032,SAP 166-020-018
County of Scott
City of Shakopee
the City's share of the total project cost. The City agrees to execute and deliver to the County the
necessary right of way by appropriate easement interests as determined by the County and in a
manner and form acceptable to the County.
8. The County shall invoice the City within thirty (30) days of the County's award of construction contract
for the Project. Upon receipt of the invoice, the City shall deposit with the Scott County Treasurer
ninety-five percent (95%) of the City's share of amounts due above. The remaining five percent (5%)
shall be invoiced and paid upon close-out of the Project. In the event the initial payment exceeds the
City's final share of the costs, as determined by the actual final contract costs, such overpayment shall
be returned to the City by the County upon closeout of the Project.
9. The City agrees to work with the Shakopee Mdewakanton Sioux Community in a timely manner to
prepare and execute any vacation and permanent easement documents required to provide for and
allow County's access, entry and use of property for the Project work related to the McKenna Road
realignment. The County will provide the legal descriptions to the City for the McKenna Road
realignment.
10. The County agrees to provide drainage and access rights to the City for use of the eastern storm-water
pond to accommodate storm-water needs for the development of the City-owned park parcel (Parcel
No. 26 as shown in Exhibit D-Scott County Right of Way Plat No. 92).
11. The County recognizes that the City will apply to be reimbursed from State Aid for the Project. The
County will provide the City cost apportionments and documentation needed by the City to apply for
State Aid reimbursement prior to the County sending the final invoice to the City.
12. Upon completion of the Project, the City shall maintain the trail improvement. Maintenance of the trail
shall include but not be limited to debris removal, sweeping, seal coat, crack filling, mowing, fence
repair, and other routine maintenance. The County shall not participate in snow and ice removal on the
trail.
13. Storm Sewer, Appurtenances, and Storm Water Quality Ponds. Upon completion of the Project, the
City, at its expense, shall maintain all storm sewer appurtenances, including all storm water quality
(NURP) ponds, catch basin and/or manhole sumps, and storm water quality structures. The County
shall provide appropriate traffic control for these activities when requested.
14. Catch Basins/Drainage Structures. With the exception of maintaining sumps and water quality
structures as stated in Paragraph 13, above, the County will be responsible for maintenance of these
structures within the roadway. The City will be responsible for the maintenance of these structures
outside of the roadway.
15. The City shall provide and/or perpetuate an adequate electrical power supply to the street lights
installed as part of this Project and shall provide and/or continue to provide necessary electrical power
for their operations at the sole cost and expense of the City.
3
CP 16-31, SAP 070-616-032,SAP 166-020-018
County of Scott
City of Shakopee
16. 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
be no more than those established by the State Board of Electricity in the most recently recorded
Electrical Inspection Fee Schedule.
17. The City shall be responsible for the maintenance and replacement of the aforementioned street lights
including the luminaire and all its components at the sole cost and expense of the City.
18. Initial pavement striping and markings shall be included as part of the Project. The County shall be
responsible for all subsequent pavement striping and markings on its county roads as required after the
initial work and shall be responsible for one hundred percent (100%) of the subsequent related costs.
The City shall be responsible for all subsequent striping and markings on its city roads, including
pedestrian markings across its roadways, as required after the initial work and shall be responsible for
one hundred percent (100%) of the subsequent related costs.
19. The City shall, at its own expense, remove and replace all City owned signs that are within the
construction limits of the Project.
20. Upon completion of the project, the Frontage Road shall be released to the City and all maintenance
and future improvements shall be the sole responsibility of the City.
21. Upon completion of the project, the realigned McKenna Road segment shall be released to the City and
all maintenance and future improvements shall be the sole responsibility of the City.
22. 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.
23. 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.
24. 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.
25. 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
4
CP 16-31,SAP 070-616-032,SAP 166-020-018
County of Scott
City of Shakopee
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.
26. 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.
27. 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.
28. 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.
29. 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
5
CP 16-31, SAP 070-616-032, SAP 166-020-018
County of Scott
City of Shakopee
employees while so engaged shall be the sole responsibility of the County and shall not be the
obligation or responsibility of the City.
30. 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.
31. 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 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.
32. 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.
33. 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.
34. The County's Authorized Agent for the purpose of the administration of this Agreement is Casy Weise,
Program Specialist, or her successor. Her current address and phone number are Scott County
Highway Department, 600 Country Trail East, Jordan, MN 55352, (952)496-8043.
35. 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 129 South Holmes
Street, Shakopee, MN 55379, (952) 233-9361. Any change in name, address, or telephone shall be
noticed to the other party.
6
CP 16-31, SAP 070-616-032, SAP 166-020-018
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
Brad Tabke, Mayor William H. Reynolds, City Administrator
Date _ Date
COUNTY OF SCOTT
ATTEST:
By By
Gary L. 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
Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer
Date Date
APPROVED AS TO EXECUTION:
By
Jeanne Andersen, Assistant County Attorney
Date
http://teamscoop/div/CommunitySvcs/contractslPDProjectContracts/CP 16-31_ShakopeeCoop.docx
7
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, directives, and regulations of Federal, State, and local governing bodies or agencies
thereof, including Minnesota Statutes, Chapter 363A.
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 363A, 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.
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Gary L. Shelton Date Jonathan K. Ulrich Date
Scott County Administrator Chair, Board of Commissioners
EXHIBIT B
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311LLT 6 UP 6 MIXIS
DRAINAGE AND UTILITY EASEMENT
Project CP 16-31
Parcel No.35
FOR VALUABLE CONSIDERATION, City of Shakopee, a municipal corporation organized and existing
under the laws of the State of Minnesota, Grantor,hereby grants and conveys unto the County of Scott, a body
politic and corporate organized and existing under the laws of the State of Minnesota, Grantee, its successors
and assigns, easement(s) for drainage, utility and slope purposes to construct, install, operate, maintain, repair,
alter, use, repair and remove drainage ways, drainage swales, storm sewers, pipes, ponds, basins, culverts,
structures, including appurtenances; and slopes; utilities, poles, overhead transmission and distribution lines,
underground pipes, wires and cables, handholes, manholes, including appurtenances; and other related uses
allowed by applicable local ordinances, over, under and across the real property situated in Scott County, State
of Minnesota,as described, to wit:
That part of Government Lot 2 and that part of the Northwest Quarter of the Southwest Quarter of
Section 14, Township 115 North, Range 22 West, Scott County, Minnesota, which is denoted as
Drainage and Utility Easement Parcel 26 and shown by the symbol "D.U.E. 26" on Scott County
Right of Way Plat No. 92, according to the record plat thereof, on file in the Office of the County
Recorder, Scott County,Minnesota.
(PIN 27-914-017-6)
Grantor(s) hereby agree(s)that all grass,natural growth,trees, including as may be planted or grown, earthen
material(s) or other material, which is excavated, removed or taken from within the easement described
herein by any construction or reconstruction by road project(s) shall be the property of Grantee. Grantor
hereby agrees to not damage, destroy or remove any grass,trees, shrubs or natural growth on the easement(s)
described herein.
Grantor agrees that Grantee has senior rights and first priority to the easement area for its present and future
storm water needs for its highways. Grantor agrees not to the change storm water pond or Grantee's use of
storm water pond within the area of the easement described herein without the written consent of Grantee.
Upon turf establishment with a grass vegetative cover on disturbed areas of slopes per plans and
specifications determined by Grantee, Grantor does hereby release Grantee from any claims or damages
within the area of the easement described herein
1
Project CP 16-31
Parcel No.35
To have and hold same, together with all of the rights belonging thereto, all of which shall run with the land
and be binding upon and inure to the benefit of the parties hereto,their successors and assigns.
EXECUTED as of this day of October,2015.
City of Shakopee
By:
Brad Tabke
Its: Mayor
By:
William H.Reynolds
Its: City Administrator
STATE OF MINNESOTA )
) SS.
COUNTY OF SCOTT )
On this day of October, 2015, before me, a Notary Public within and for said County,
personally appeared Brad Tabke and William H. Reynolds, to me personally known, who by me duly sworn
did say that they are the Mayor and City Administrator of the City of Shakopee, a municipal corporation
organized and existing under the laws of the State of Minnesota, named in the foregoing instrument, and that
they are authorized to sign said instrument as the free act and deed for and on behalf of said municipal
corporation.
Notary Public
This instrument drafted by: Scott County Highway Department,600 Country Trail East,Jordan,MN 55352
2
TEMPORARY CONSTRUCTION EASEMENT
Project CP 16-31
Parcel No.35
FOR VALUABLE CONSIDERATION, City of Shakopee, a municipal corporation organized and existing
under the laws of the State of Minnesota, Grantor, whether one or more, hereby grants and conveys unto the
County of Scott, its contractors, permittees, successors and assigns, Grantee, a temporary easement(s) for
construction purposes for work space, construction operations and to grade and construct slopes both cuts
and fills associated with construction or reconstruction of a public highway, together with all other rights
necessary and convenient for the enjoyment and use of same, over, under and across the real property
situated in Scott County, State of Minnesota as described,to wit:
That part of Government Lot 2 and that part of the Northwest Quarter of the Southwest Quarter of
Section 14, Township 115 North, Range 22 West, Scott County, Minnesota, which is denoted as
Temporary Easement Parcel 26 and shown by the symbol ("T.E. 26") on Scott County Right of Way
Plat No. 92, according to the record plat thereof, on file in the Office of the County Recorder, Scott
County, Minnesota.
(PIN 27-914-017-6)
Said temporary easement shall commence on April 1, 2016 and shall terminate on December I,2017.
Grantor hereby agrees that all earthen material, other material, trees and vegetation excavated, removed or
taken by Grantee from within said temporary easement shall become the property of Grantee.
Upon turf establishment with a grass vegetative cover on disturbed areas per plans and specifications
determined by Grantee, Grantor does hereby release Grantee from any claims or damages resulting from the
construction of said slopes associated with the road project and all work in connection therewith.
This agreement is binding upon the heirs, successors, executors, administrators and assigns of the parties
hereto.
(Signature page follows on the next page)
1
EXECUTED as of this day of October,2015.
City of Shakopee
By:
Brad Tabke
Its: Mayor
By:
William H. Reynolds
Its: City Administrator
STATE OF MINNESOTA )
) SS.
COUNTY OF SCOTT )
On this day of October, 2015, before me, a Notary Public within and for said County,
personally appeared Brad Tabke and William H. Reynolds, to me personally known, who by me duly sworn
did say that they are the Mayor and City Administrator of the City of Shakopee, a municipal corporation
organized and existing under the laws of the State of Minnesota, named in the foregoing instrument, and that
they are authorized to sign said instrument as the free act and deed for and on behalf of said municipal
corporation.
Notary Public
This instrument drafted by: Scott County Highway Department,600 Country Trail East,Jordan,MN 55352
2