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Home My WebLink About5.A.1. CSAH 18 Bituminous TrailS.Q.I. CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: CSAH 18 Bituminous Trail DATE: October 19, 2010 INTRODUCTION: ~: a K Staff is requesting approval of a revised Cooperative Agreement with Scott County for the construction of a bituminous trail along the west side of CSAH 18. BACKGROUND: At the August 3, 2010 City Council meeting, the City Council approved a Cooperative Agreement that was prepared by Scott County for the funding of a bituminous trail along the west side of CSAH 18, from Horizon Drive to the north leg of CSAH 16. Trail construction is complete and the County has been invoiced for the $75,000.00, per the Cooperative Agreement prepared by the County. County staff has indicated the County will not pay the invoice until a revised Cooperative Agreement is approved by the City Council. The revised agreement includes the following: In 2010, Scott County will reimburse the City up to $75,000.00 less the work performed by the County under CP 18-13 for construction of a bituminous trail on the west side of CSAH 18, from Horizon Drive to the north leg of CSAH 16. (This will cover 100% of the trail costs). In 2011, the City will fully fund Riverside Fields development to current CIP). a trail on the west side of CSAH 18, from the CSAH 16. (This project is included in the ALTERNATIVES: 1. Authorize the appropriate City officials to execute a Cooperative Agreement for the construction of a bituminous trail along the west side of CSAH 18. 2. Do not authorize the appropriate City officials to execute a Cooperative Agreement for the construction of a bituminous trail along the west side of CSAH 18. 3. Table for additional information. RECOMMENDATION: Authorize the appropriate City officials to execute a Cooperative Agreement for the construction of a bituminous trail along the west side of CSAH 18. ACTION REQUESTED: Authorize the appropriate City officials to execute a Cooperative Agreement for the construction of a bituminous trail along the west side of CSAH 18. Jeff Weyandt, P.E. Assistant City Engineer ENGR/2030PROJECTS/CR18-TRAII,/ W ORD/COOPERATIVE-AGREEMENT-CRI8-TRAII. 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 of Shakopee through the County's 2007-2016 Transportation Improvement Program solicitation process requested the County's cost participation on trail construction adjacent to CH 18 within the City limits of Shakopee. 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 and has been approved in the 2010 County Transportation Improvement Program (TIP) for construction in 2010. C. The County has inciuded a tmancial contribution for this project up to $75,GOO.GO and not to exceed 50% of the trail's construction per the County's Transportation Plan. D. Whereas the City has chosen to divide this trail construction into three distinct construction projects: a. Segment 1 -Horizon to CH 16 (Eagle Creek) - CP 18-12 b. Segment 2 - CH 21 to the south end of the .Riverside Fields (included with the CP 21-16, CH 21 project to be completed by 2011) c. Segment 3 -Riverside Fields development south to CH 16 E. Whereas the City has requested the County fund the full $75,000 in ZO10 for segment 1 from Horizon to CH 16 (Eagle Creek Blvd), as shown on the City Engineer's plans for County Project No. CP 18-12 (hereinafter referred to as the Project). F. Whereas the City has committed to fully funding (estimated at $100,000) and constructing segment 3 which extends from Riverside Fields development south to CH 16, in 2011. 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. CP 18-12/County of Scott Project No. 2009-5/City of Shakopee 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. 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. CP 18-12/County of Scott Project No. 2009-5/City of Shakopee 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 three (3) year warranty for workmanship 14. The City shall maintain the trail improvement for the expected life of the improvement, including routine and preventative pavement maintenances, trail signage and striping. If the City provides maintenance as agreed upon in the Global Maintenance Agreement, the County will participate at a 50 percent cost participation level on future major restoration or rehabilitation projects. This provision may be superseded by the terms of a global maintenance agreement. 15. Any snow/ice removal shall also be the responsibility of the City. 16. 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. 17. 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. 18. 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 18-12/County of Scott Project No. 2009-5/City of Shakopee 19. 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. 20. 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". 21. 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. 22. 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. CP 18-12/County of Scott ProjectNo. 2009-5/City of Shakopee 23. 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 pa~'• 24. 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 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 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:\zS000P_ProjectCP 18-12\AgreementsRBARES\Construction_Coop_Shakopee.doc EXHIBIT A POLICY STATEMENT It is the policy of Scott County Government to provide Equal Opportunity to a[I employees and applicants far employment in accordance with all applicable Equal Employment Qpportunity laws, directives, and regulations of Federal, State, and Iocal governing bodies or agencies thereof, including iVfinnesota Statutes, Chapter 363. Scott County will not engage in any employment practices which discriminate against or harass any employee or applicant for ernpfoyment Because of race, color, creed, religion, national origin, sex, disability, age, martial status, sexual orientation, or status with regard tc~ public assistance, Such employment practices include, but are not limited to, the fo[lvwing: hiring, upgrading, demotion, transfer, recruitment or recruitment adverfiring, refection, layoff, disciplinary action, termination, rates of pay or ether forms of compensation, and selection for training, including apprenticeship. Further, Scott Gounty fully supports incorporation of nondiscrimination rules and regulations into contracts and viii commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the Gounty who does not comply with the Equal Employment Qppartunity 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 C~ppvrtunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including IVlinnesota Statutes, Chapter 363, will be subject to appropriate contractual sanctions. Scott County has designated fibs Employee Relations Director as the manager of the Equal opportunity Program. These responsibilities will include monitoring all Equal Employment t7ppartunity 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. ff any employee or applicant for employment believes he or she has been discriminated against, please contact the Scott County Employee Relations Director, Scott Gounty Employee Relations, Government Center Room 201, 200 Fourth Avenue Ullest, Shakopee, Minnesota 55378-'1220, or call {952) 498-8'143. Gary L helton Date Barbara K. fVlarschal! Date Scott County Administrator Chair, Board of Commissioners