HomeMy WebLinkAbout15.D.4. Agreement with Scott County for Modification of Signal at CSAH 69/Fuller and Removal of Signal at Scott/CSAH 69
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CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council CONSENT
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Agreement between Scott County and the City of Shakopee for
Traffic Control Signal System and Integral Street Lights at
CSAH 69 and Fuller Street; and for the Removal ofthe
Inplace Traffic Control Signal System at the Intersection of
CSAH 69 and Scott Street
DATE: April 6, 2004
INTRODUCTION:
Attached is an agreement for participation for the removal and revision of a traffic control
signal system and integral street lights at the intersection of CSAH 69 and Fuller Street;
and CSAH 69 and Scott Street.
BACKGROUND:
Previously the City Council, at its February 3, 2004 meeting, approved a Letter of
Support for the removal of Scott Street and CSAH 69 traffic control signal, upon the
modification of the signal system at CSAH 69 and Fuller Street. Modification of the
signal system, with roadway improvements for lane channelization, is part of the Housing
Redevelopment Authority (HRA) project on Northridge Court, in which the City and
County would modify this intersection to allow access to this development. The HRA
project is responsible for the construction of Fuller Street improvements, while the City
and County are responsible for the signal modification improvements. Previously, on
February 3, 2004, the cost estimate for the City of Shakopee is estimated at $51,518.00.
At this time the City's share is estimated to be $59,611.00, including engineering costs.
Scott County is bidding the signal modification and roadway improvements and bids will
be received on April 6, 2004.
The County would like the City to act on the agreement prior to the County Board
reviewing the bids and making award of contract. In this agreement the City is
responsible for providing electrical connections to the system and pay for the electrical
energy for the operation of the signal system. The City of Shakopee is currently
providing the electrical connection and energy so there would be no change as per this
agreement. The City is responsible for the future EVP maintenance and repair costs and
subsequent roadway pedestrian striping after the initial work.
The City shall reimburse the County for its share of the construction of costs as set forth
in Exhibit "A" in the agreement. The City's costs for actual construction is 50% of the
traffic control system, and the actual revision and removal costs of the traffic control
system with integral street lights would be 10% of the construction costs for the design of
the system and 8% of the construction costs for inspection of the project. This project
has been included in the City's Capital Improvement Program (CIP) and these costs
would be paid out of the Capital Improvement Fund. Staff would recommend that City
Council authorize the appropriate City officials to execute this agreement for the
modification of the traffic control signal at the intersection of CSAH 69 and Fuller Street.
This would open Fuller Street to CSAH 69 for the Northridge Court project being done
by the HRA' in which the City has an agreement with the HRA'
ALTERNATIVES:
1. Authorize the appropriate City officials to execute the agreement for participation
in the removal and revision of the traffic control signal system and integral street
lights at the intersection of CSAH 69 and Fuller Street; and CSAH 69 and Scott
Street.
2. Do not enter into an agreement with Scott County, at this time, and provide staff
direction with this agreement.
3. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No.1, for the City of Shakopee to enter into this
agreement in order to open up Fuller Street to CSAH 69, and as part of our agreement
with the HRA for the Northridge Court development.
ACTION REQUESTED:
Authorize the appropriate City officials to execute the agreement between Scott County
and the City of Shakopee for the Removal and Revision of the Taffic Control Signal
System and Integral Street Lights at the Intersection of CSAH 69 and Fuller Street; and
CSAH 69 and Scott Street.
Bruce Loney
Public Works Director
BUpmp
ENGRlEMPLOYEEFOLDERlPP/COUNCIUCSAH69AGREEMENT
SAP 70-669-001
CSAH 69 at Fuller St. & Scott St.
City of Shakopee
Scott County
AGREEMENT FOR PARTICIPATION IN THE REMOVAL AND REVISION OF
TRAFFIC CONTROL SIGNAL SYSTEMS AND INTEGRAL STREET LIGHTS
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" .
WITNESSETH:
WHEREAS, It is considered mutually desirable to modify the inplace traffic control signal system with mast
arms and integral street lights at the intersection of CSAH 69 (FIRST AVE) and FULLER STREET within the
City; and
WHEREAS, It is thereafter considered mutually desirable remove the inplace traffic control signal system
with mast anns and integral street lights at the intersection of CSAH 69 (FIRST AVE) and SCOTT STREET
within the City; and
WHEREAS, The City has expressed its willingness to participate in the revision, removal and continued
operating cost of said signal systems and integral street lights; and
WHEREAS, Said work shall be carried out by the parties hereto under the provisions of Minn. Stat. Sec.
162.17.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I
The County shall prepare the necessary plans, specifications, and proposals; shall perfonn the required
engineering and inspection; and shall revise, or. cause the revision of the inplace full-traffIc-actuated traffic
control signal system with mast arms. and integral street lights at the intersection of CSAH 69 (FIRST AVE) &
FULLER STREET; and shall remove, or cause the removal of the inplace full-traffic actuated control signal
system with mast arms and integral street lights at the intersection of CSAH 69 (FIRST AVE) & SCOTT
STREET. Such revision and removal, as described immediately above, shall be identified and accomplished
under County Project No. SAP 70-669-001, hereinafter referred to as the "project", all in accordance with said
project plans and specifications which plans and specifications are by this reference made a part hereof.
II
The term specifications as u~ed hyr~~Il $halI mean the 2000 Edition of the Minnesota Department of
Transportation "Standard Specifications for Construction" and the project special provisions.
SAP 70-669-001
CSAH 69 at Fuller St. & Scott St.
City of Shakopee
Scott County
III
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 not
more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection
Fee Schedule.
N
The City shall continue to provide the electrical energy for the operation of the inplace traffic control signal
system and integral street lights to be revised under the project, all at the sole cost and expense of the City.
V
The County shall advertise for bids for the construction of this project, receive and open bids pursuant to
said advertisement and enter into a contract with the successful bidder at the unitprices specified in the bid of
such bidder, according to law in such case provided for counties. The contract includes the plans and
specifications prepared by the County or its agents, which said plans and specifications are by refere1.1ce made a
part hereof.
VI
The construction cost of the project shall be the contract cost plus the cost of equipment purchased by the
County necessary to make the signal system operational. It is understood that the estimated construction cost
stated hereinafter is for informational purposes only. The estimated construction cost of this project is
$109,040.
VII
The City shall reimburse the County for its share in the construction cost ofthe contract work. The total
final contract construction cost shall be apportioned as. set forth in the Division of Cost Summary in said Exhibit
II A" attached hereto,. and shall include all equipment provided by the County that is necessary to make the signal
system operational. It is further agreed that the Engineer's Estimates referred to in this agreement are estimates
of the construction cost for the contract work on said projects and that the unit prices set forth in the contract
with the successful bidder and the final quantities, as measured by the Engineer, shall govern in computing the
total final contract construction cost for apportioning the cost of said projects according to the provisions of this
paragraph.
SAP 70-669-001
CSAH 69 at Fuller St. & Scott St.
City of Shakopee
Scott County
VIII
The final amount of the City's share of construction and engineering costs of these projects shall be
determined and any amount due paid to the County upon completion of the projects and submittal to the City of
the County's final, itemized, statement of the projects costs.
IX
The City shall, as its share of the construction costs, pay the County 50 percent (50%) of the actual revision
and removal costs of the traffic control signal systems with integral street lights. The City shall pay the County
10 percent (10%) of such share of the construction cost as payment for the design of the traffic control system
and roadway improvements; and 8 percent (8%) of such share of the construction cost as payment for inspection
of County State Aid Project (S.A.P.) No. 70-669-001.
X
The County shall include necessary modification of the inplace Emergency Vehicle Preemption (EVP)
system construction with the project. This item will be incidental to Bid Item No. 2565.616(REVISE SIGNAL
SYSTEM)
XI
The EVP modification cost shall be incidental to the project.
XII
The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing
of the aforesaid traffic control signal system or EVP system; however, nothing herein shall be construed as
restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic
control signal system may be directly involved in an emergency.
XIII
Upon completion of the work, the County shall maintain and repair said traffic control signal system at the
sole cost and expense of the County. Further, the County shall maintain and repair the components of the EVP
system and any repairs required shall be at the sole cost and expense of the City. Further, the County shall
maintain the integral street lights except for the City maintaining photoelectrical controls, relamping, and
glassware thereof.
The EVPsystem inplace at CSAH 69 (FIRST A VE) and FULLER STREET shall continue to be operated,
maintained or removed in accordance with the following conditions and requirements:
SAP 70-669-001
CSAH 69 at Fuller St. & Scott St.
City of Shako pee
Scott County
(1) Emitter units may be installed and used only on vehicles responding to an emergency as defmed in
Minnesota Statues Chapter 169.01, Subdivision 5 and 169.03. The City will provide the County
Engineer or his dilly appointed representative a list of all such vehicles with emitter units upon request.
(2) Malfunctions of the EVP Systems shall be reported to the County immediately.
(3) In the event said EVP Systems or components are, in the opinion of the County, being misused or the
conditions set forth herein are violated, and such misuse or violation continues after receipt by the City
of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of
the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared
detector heads and indicator lamps and all other components shall become the property of the County.
(4) All timing of said EVP Systems shall be determined by the County.
XIV
Initial pedestrian striping for the intersection shall be included as part of the signal construction. The City
shall be responsible for all subsequent roadway pedestrian striping required after the initial work and shall be
responsible for 100% of the subsequent related costs.
XV
The construction of this project shall be under the supervision and direction of the County. However, the
City Engineer shall cooperate with the County Engineer and his staff, at their request to the extent necessary, but
shall have no responsibility for the supervision of the work. The City shall retain responsibility for the
supervision and direction of adjacent street construction activity not included in this project.
XVI
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 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.
..
SAP 70-669-001
CSAH 69 at Fuller St. & Scott St.
City of Shakopee
Scott County
XVII
It is further agreed that neither the City, its officers, agents or employees, eithedn 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.
XVIII
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 hereofby 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 466.04.
XIX
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 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.
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
SAP 70-669-001
CSAH 69 at Fuller St. & Scott St.
City of Shakopee
Scott County
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.
XX
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.
SAP 70-669-001
CSAH 69 at Fuller St. & Scott St.
City of Shakopee
Scott County
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
COUNTY OF SCOTT
ATTEST:
By By
David Unmacht, 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
Patrick Ciliberto, County Attorney Bradley Larson, County Highway Engineer
Date Date
APPROVED AS TO EXECUTION:
By
Patrick Ciliberto, County Attorney
Date
mh-w:\word\project\669-00 I \Cooperative Agmt.doc
03/12-98
Rev. 3/10/04
Estimated Costs and Quantities
CSAH 69 at Fuller Street
Scott County, Minnesota
Prepared by JMG (SEH) on 12/17/03
(Revised by JMG on 3/8/04)
Estimated Estimated Estimated Estimated
Estimated Estimated Estimated County County City City
Item No. Item Unit Quantity Unit Cost Total Cost Quantity Costs Quantity Costs
2102.502 Pavement Marking Removal Linear Foot .1500 $5 $7,500 1500 $7,500 0 $0
2564.531 Sign Panels-Type C Square Foot 39 $30 $1,170 16 $480 23 $690
2564.531 Sign Panels-Type D Square Foot 60 $30 $1,800 30 $900 30 $900
2564.552 Hazard Marker X4-2 Each 3 $150 $450 3 $450 0 $0
2564.602 Pavement Message (Left Arrow)-Epoxy Each 8 $150 $1,200 4 $600 4 $600
2564.602 Pavement Message (Right Arrow)-Epoxy Each 2. $150 $300 1 $150 1 $150
2564.603 4" Solid Line White-Epoxy Linear Foot 1,100 $1 $1,100 400 $400 700 $700
2564.603 4" Broken Line White-Epoxy Linear Foot 260 $1 $260 260 $260 0 $0
2564.603 4" Double Solid Line Yellow-Epoxy Linear Foot 1,250 $2 $2,500 650 $1,300 600 $1,200
2564.603 12" Solid Line White-Epoxy Linear Foot 565 $4 $2,260 283 $1,132 282 $1,128
2564.603 24" Solid Line Yellow-Epoxy Linear Foot 100 $5 $500 70 $350 30 $150
2565.601 Remove Signal System Lump Sum 1 $5.000 $5,000 0.5 $2,500 0.5 $2,500
2565.616 Revise Signal System System 1 $85,000 $85,000 0.5 $42,500 0.5 $42,500
Total Estimated Construction Costs $109,040 $58.522 $50,518
Exhibit A