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HomeMy WebLinkAbout5.B.1. CSAH 18 Bituminous Trail CITY OF SHAKOPEE Memorandum ENT TO: Mayor & City Council 0 N it M Mark McNeill, City Administrator FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: CSAH 18 Bituminous Trail DATE: August 3, 2010 INTRODUCTION: Staff is requesting approval of a Cooperative Agreement with Scott County to construct a bituminous trail along the west side of CSAH 18, between Horizon Drive and the north leg of CSAH 16. In addition, staff is requesting approval to use up to $5,000.00 from the Capital Improvement Fund to pay for the improvements and is requesting award of a contract to Bituminous Roadways, Inc. to construct the improvements. BACKGROUND: The approved Scott County Transportation Improvement Plan includes $75,000.00 for a trail along CSAH 18, from Horizon Drive to the north leg of CSAH 16. The County did not include this trail in the CSAH 18 roadway improvements project so City staff solicited quotes for the work. The City received two quotes of $69,165.00 and $91,095.00. The low quote was submitted by Bituminous Roadways, Inc. If this project moves forward, the County will complete about $10,000.00 worth of curb cut improvements for the trail as part of the CSAH 18 Improvements Project. The total cost of the trail improvements is approximately $80,000.00. Attached is a Cooperative Agreement with the County in which they agree to fund $75,000.00 of the improvements. Staff is proposing to fund the remaining costs from the Capital Improvement fund. Once constructed, the City will be responsible for maintenance of the trail. ALTERNATIVES: 1. Authorize the appropriate City officials to execute a Cooperative Agreement for construction of a bituminous trail along the west side of CSAH 18, between Horizon Drive and the north leg of CSAH 16. 2. Award a contract to Bituminous Roadways, Inc. for the CSAH 18 Trail Improvements. 3. Authorize the use of Capital Improvement Funds up to $5,000.00 to fund the improvements. 4. Do not authorize the agreement at this time. 5. Table for additional information. RECOMMENDATION: 1. Authorize the appropriate City officials to execute a Cooperative Agreement for construction of a bituminous trail along the west side of CSAH 18, between Horizon Drive and the north leg of CSAH 16. 2. Award a contract to Bituminous Roadways, Inc. for the CSAH 18 Trail Improvements. 3. Authorize the use of Capital Improvement Funds up to $5,000.00 to fund the improvements. ACTION REQUESTED: 1. Authorize the appropriate City officials to execute a Cooperative Agreement for construction of a bituminous trail along the west side of CSAH 18, between Horizon Drive and the north leg of CSAH 16. 2. Award a contract to Bituminous Roadways, Inc. for the CSAH 18 Trail Improvements. 3. Authorize the use of Capital Improvement Funds up to $5,000.00 to fund the improvements. Jeff Weyandt, P.E. Assistant City Engineer JW /PmP ENGR/2010PROJECTS /CSAH18- TRAU -/ WORD/ AWARD - CONTRACT - AUTHORIZE- COOPERATIVE - AGREEMENT 10.5' Trail adjacent to retaining wall O 8' Boulevard 0 © cs 8' Bituminous Trail Construct all ped ramps at all intersections in accordance with the detail (Typical) 4.5' Boulevard 0 f + o o yoe 0 0 o i2 �P Construct ped �( p ramp and J� n match sidewalk Y° .SHAKOPGM O % � MINNG'SOTA d1 O rm � 0 250 500 SCALE: 1"=250' SHAKOPEE CSAH 18 Trail Jul, 15. 2010 11:04AM Bituminous Roadways, Inc. No. 1057 P. 2 — 7 CONTRACT PROPOSAL CSAH IS TRAIL CONSTRUCTION Project No. 2009 -5 City Administrator City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Sir: The undersigned bidder, having examined the site of the proposed work and having full knowledge of the conditions under which the work must be performed, hereby proposes to entex into and perfotm the work set fourth m the Contract Documents, of which this proposal. forms a part. The undersigned will do this work on the terms and conditions set forth by the City, wH1 furnish all required labor and woterWs, and will pay all incidental costs, all in strict conformity with the Contract Documents, for the following prices as payment in full. PROPOSAL IT M SEE FOLLOWING PAGES i I City of Shakopee- Contract Proposal CSAR 18 Trail Construction TTAI PI ,Tune, 2010 Wage I of 9 Jul.15. 2010 11:05AM Bituminous Roadways, Inc. No-1057� P. 3 -� J 0 ty PROPOSAL The Contractor agrees to construct an Moot wide bituminous trail on the west side of CSA1418, from Horizon Dive to the north leg of CSAH 16. The Contractor agrees to the following: • All work shall be completed in accordance with the attached details. • The Contractor will construct pedestrian ramps at all locations as directed by the Engineer. • Curb arts for pedestrian crossings will be constructed by others. • The Contractor is responsible for staking the trail. The Contractor shall dispose of all excess material off-site. • The Contractor is responsible for maintaWug positive drainage. • The Contractor will only be paid for items in the proposal. All other work required to complete the trail, including but not limited to traffic control and coordination with other Contractors working in the area, is incidental to the project with no direct compensation paid. • The trail shall slope toward CSAH 18 at a grade between 2% and 4 %. • The boulevard shall have a slope between 2 and 10 %. • The entire boulevard area between the wall and the curb shall be paved, on the north end of the project. • Restoration of all disturbed lawn areas shall be with Iv mMOT seed. mixture 250 and shall be applied at the Mn/DOT specified rate. MwDOT Category I erosion control blanket shall be installed over all disturbed lawn areas. a The Contractor shall protect all driveways encountered during trail construction. • The Contractor shall salvage and reinstall signs as directed by the Engineer, • The Contractor shall construct the trail with a 4.5 foot boulevard, from Horizon Drive to a point staked in the field by the Engineer, roughly 75 feet north of the south leg of CSAH 16. f City of Shakopee - Contract Proposal. CSAN 18 Trail Construction SI= AMPEE ,Tune, 2010 Page 2 of Jul. 15. 2010 11:05AM Bituminous Roadways, Inc. No, 1057 P. 4� + The rest of the project, with the exception of the retaining wall area, shall have a boulevard width of 8- feet. + The City will obtain a Scott County right -of -way permit, The Contractor must comply with the conditions of the permit. • All work shall be completed by September 23, 2010. o By signing the proposal, the Contractor acknowledges that ho has reviewed the site and has a clear understanding of & work that needs to be done and the expectations o£ the City. e The Contractor shall warranty the work for two years after final acceptance. A warranty bond will not be required. City of Shakopee W Contract Proposal CSAH is Trail. Construet3.on SHAKOM dan�umrp�r� fen Jane, 2010 Page 3 of 9 Jul.15. 2010 11:05AM Bituminous Roadways, Inc. No.1051 P, 5 CSAH 18 Bituminous Tram Lbdmated No. Item Units Quantity U Total price 9 MOBIUZATION (5% MAX) L.S. 1 $ � �, 0D 2 4" C WALK SX. 300 $ G. as $ TRUNCATED DOMES S.P. 50 $_, teo $ /� ry w a AGGREGATE CLA33 5 (100% CRUSHED LIMESTONE) TON 1,200 $ f / 1... / � `� Q S ,.� ? ••>'� o OV 5 BITUMINOUS WEARING COURSE (SPWE52406) TON 460 $ t� 7 � $ 6 SEED AND EROSION CONTROL BLANV,9T L.S. 1 s — &510 . 00 $ TOTAL ]RID a. . ._. - City of Shakopee - Contract: PToposaZ CSAR 18 Trail Construction SHAKOPEE 1— Tune, 2010 Page 4 of 9 Jul-15. 2010 11:05AM Bituminous Roadways, Inc. No.1057 P. 6 v �- ? In submitting this bid, the undersigned understands that the City reserves the right to reject any or all bids, and to waive irregularities in bidding. RespectftTtly subzpitted, r c, ontract By: / m.a...._ . . ignature ortnl t r AF LAM7 TO Being it ( Corporation, incorporated under the laws of the State of A -exa composed of officers, partners or owners,) (P%tnership) as follows: 71 drmshA Name of Contractor President z MrMqe.r- Ae mr - -/D , rd i r5r�� jaoJ .Address (Street or P.O. Boat) Vice president City State zip Secretary j4LIMle-S id Telephone Number Treasurer City of Shakopee - Contract Proposal CSAH 18 Trail Construction SHAKfJPEE June, 2010 Page 5 of 9 CP 18 -12 County of Scott Project No. 2009 -5 City of Shakopee CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2010, 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 improve Bike and Pedestrian safety along CH 18, from 16 (Eagle Creek Blvd.) to Horizon Drive, as shown on the City Engineer's plans for County Project No. CP 18 -12 (hereinafter referred to as the Project). B. A trail along CH 18 is consistent with the County's adopted 2030 Comprehensive Plan and the City of Shakopee's 2030 Comprehensive Plan. C. The above described Project lies within the corporate limits of the City of Shakopee. D. 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: 1. The City or its agents, shall advertise for bids, or receive quotes for the work and construction of the aforesaid County Project No. CP 18 -12, City Project No. 2009 -5 receive and open bids pursuant to said advertisement or quotes, 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. 2. 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. 3. Under County Project CP 18 -13, concrete curb and gutter is being removed and replaced with ped ramps by the County. The costs for this work will be deducted from the lump sum amount. 4. Upon completion of the project and satisfactory restoration of the County Right -of -Way, the County shall reimburse the City 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 and no cents, $75,000 less the work performed by the County under Project CP 18 -13 as noted in #3 of this agreement. The City shall request an acceptance inspection and payment when the work and restoration is completed. CP 18 -12 County of Scott Project No. 2009 -5 City of Shakopee 5. This agreement serves as a permit for the City and its contractor to work in the right of way. The City is responsible for obtaining any other required permits. 6. The City is responsible for providing inspections during the construction of the project. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. The City shall, at its own expense, remove and replace all City and County owned signs that are within the construction limits of this Project. 13. The City shall provide a ten (10) year warranty for workmanship, and maintain the trail improvement at its cost for the life of the improvement, including trail signage and striping. 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 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. CP 18 -12 County of Scott Project No. 2009 -5 City of Shakopee 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. 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 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. 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 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. CP 18 -12 County of Scott Project No. 2009 -5 City of Shakopee 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 parry in writing that the records no longer need to be kept. 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 within 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 parry 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, Jordan, MN 55352, (952) 496 -8369. The City's Authorized Agent for the purpose of the administration of this Agreement is Public Works Director /City Engineer Bruce A. Loney, or his successor. His current address and phone number are 129 South Holmes Street, Shakopee, MN 55379; (952) 233 -9361. Any change in name, address, or telephone shall be noticed to the other parry. 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 Bruce A. Loney, Public Works Dir /City Engineer Date Date COUNTY OF SCOTT ATTEST: By B Gary L. Shelton, County Administrator Barbara Marschall, 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:\ zSCOOP_ ProiectCP18- 12\AgreementsRBARES\Construction Coop_Shakopee.doc 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 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. ,+��[f�Fj(�`�( Ad 'j '' 4✓ f V ✓ Gary L Kelton Date Barbara K. Marschall Date Scott County Administrator Chair, Board of Commissioners