HomeMy WebLinkAbout9.D.2. Consider Approval of Resolutions for the Construction and Operation of the Marschall Road transit Station (MRTS)-Res. No. 7205, 7206 and 7207 7, D.
CITY OF SHAKOPEE
Memorandum
CASE NO.: NA
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Consider Approval of Resolutions Authorizing the Execution of the Following
Agreements for the Construction and Operation of the Marschall Road
Transit Station (MRTS);
• Construction Cooperative Agreement with Scott County for the
Design and Construction of the MRTS;
• Memorandum of Understanding with the City of Prior Lake for
Design and Construction Services for MRTS;
• Joint Powers Agreement for the Operation and Maintenance of
the MRTS.
MEETING DATE: June 5, 2012
REVIEW PERIOD: Not Applicable
INTRODUCTION:
The City Council is asked to consider approval of three agreements related to the design,
construction, operation and maintenance of the MRTS.
DISCUSSION:
The Shakopee City Council adopted the Unified Transit Management Plan (UTMP) in 2005. The
UTMP included several recommendations, including working with the City of Prior Lake and Scott
County to provide express bus service to Downtown Minneapolis. In July of 2007 (earlier than
contemplated by the UTMP) the BlueXpress bus service to Downtown Minneapolis began out of
the then -newly constructed Southbridge Crossings Transit Station. Planning and construction of a
second park and ride at CH 16 and CH 21 began thereafter. That park and ride will open in July of
this year.
The UTMP identified the need for a third park and ride facility in the TH 169 corridor by 2030. One
potential site was identified in the Marschall Road /CH 17 area, and a second in the City of Prior
Lake's annexation area in the vicinity of TH 282/CH 17 /TH 13.
In 2010 took advantage of an opportunity to purchase the former Shakopee Dodge /Denny Hecker
site at Marschall Road and TH 169. The site will serve a number of purposes, including;
• Providing a third park and ride site with parking for about 400 cars and indoor waiting area;
H: \CC \2012 \6 -05 -12 \Marschall Road Transit Agreements.docx 1
• Housing the County's transit operations, and providing indoor storage for much of the
County's bus fleet;
• Providing other storage space for the county; and
• Providing space for the County library operation.
The County was successful in securing Minn.Stat. Chap. 152 bond funds for the project. Those
funds covered costs of purchase, and will cover the cost of many of the site and building
improvements related to the transit use of the site. However, it is expected that the cities of
Shakopee and Prior Lake, as well as Scott County, will also contribute funds to the project.
The discovery of mold in the facility previously occupied by Scott County (SmartLink) Transit
accelerated the timetable for improvements to the MRTS. Planning for the site and facility began
in 2011 and is continuing. Because three different jurisdictions are involved in the use of the
facility, it is necessary to adopt contracts and agreements for the design, construction, ongoing
operation and maintenance of MRTS. These are as follows;
1. Construction Cooperative Agreement. This is a three -party agreement between Scott
County, Shakopee and Prior Lake covering design and construction of the facility. The
BlueXpress related improvements include;
a. Interior work to create the waiting area and restrooms for BlueXpress riders;
b. Site improvements related to the park and ride parking areas and bus lanes;
c. A bus -only ramp access to TH 169; and
d. A possible /optional exterior canopy.
The total estimated cost of construction on MRTS is $2,138,645.00, or which only
$1,456,790 will be attributable to improvements for BlueXpress use of the site. The
Chapter 152 funds are expected to cover $1,169,800.00 of the total cost, while Scott
County is expected to pay $681,855.00 of the total cost. The remaining $286,990.00 would
be split between the cities of Shakopee and Prior Lake.
The estimated cost of design and contracted services is $476,566.00. The County's share of
this is $261,208.00, and the BlueXpress share is estimated to be $215,348.00. This cost
would be split 60/40 between Shakopee and Prior Lake. In summary, the costs related to
BlueXpress, and shared by the two cities are expected to be as follows;
Total Shakopee (60 %) Prior Lake (40 %)
Preliminary Construction
Estimate $286,990 $172,194 $114,796
Contracted Services $215,348 $129,209 $ 86,139
TOTAL $502,338 $301,403 $200,935
The city had originally planned to spend about $330,000 transit funds in connection with
the Eagle Creek station, but regional capital transit (RTC) dollars were found for that
project. The estimated costs above are relatively close to the amount that was expected
for Eagle Creek, which funds would be available. In addition, we expect to request RTC
funds as well. There is no impact on the City's General Fund as the funds would come from
the City's Transit fund balance.
H:ACC \2012 \6 -05 -12 \Marschall Road Transit Agreements.docx 2
2. Memorandum of Understanding with the City of Prior Lake for Design and Construction
Services for MRTS (MOU). The MOU outlines the proposed split for design and
construction services for BlueXpress use of the facility. The agreement proposes the same
cost split (i.e. 60% to Shakopee and 40% to Prior Lake) that was used in conjunction with
both the Southbridge and Eagle Creek transit stations.
3. Joint Powers Agreement for the Operation and Maintenance of the MRTS (JPA). The JPA
is a three -party agreement (like the existing agreements related to operation and
maintenance of the Southbridge and Eagle Creek park and rides) under which the parties
split the ongoing costs of maintenance. The estimated annual cost to the City (again from
transit funds) is about $25,000.00- 30,000.00 per year, which is consistent with the annual
costs for the Southbridge transit station.
ALTERNATIVES:
1. Adopt the attached, three resolutions authorizing the appropriate City officials to execute
the attached agreements.
2. Deny the item for specific reason(s) and provide staff with direction on next steps.
3. Table the item for additional information.
VISIONING RELATIONSHIP:
This action is related to City Goal D. Maintain, improve and create strong partnerships with other
public and private sector entities.
ACTION REQUESTED:
Offer and approve the following resolutions;
• Resolution No. 7205, A RESOLUTION APPROVING A CONSTRUCTION COOPERATIVE
AGREEMENT WITH SCOTT COUNTY FOR DESIGN AND CONSTRUCTION OF THE MARSCHALL
ROAD TRANSIT STATION;
• Resolution No. 7206, A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
WITH THE CITY OF PRIOR LAKE FOR DESIGN AND CONSTRUCTION SERVICES FOR THE
MARSCHALL ROAD TRANSIT STATION; and
• Resolution No.7207, A RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR THE
OPERATION AND MAINTENANCE OF THE MARSCHALL ROAD TRANSIT STATION.
R. Michael Leek
Community Development Director
H: \CC \2012 \6 -05 -12 \Marschall Road Transit Agreements.docx 3
CITY OF SHAKOPEE, MINNESOTA
RESOLUTION NO. 7205
A RESOLUTION APPROVING A CONSTRUCTION COOPERATIVE AGREEMENT WITH SCOTT COUNTY
FOR DESIGN AND CONSTRUCTION OF THE MARSCHALL ROAD TRANSIT STATION;
WHEREAS, the City Council of the City of Shakopee recognizes the value of providing quality,
cost effective transit services for the Shakopee community; and
WHEREAS, the City of Shakopee's 2030 Comprehensive Plan identifies addressing transit
needs as a goal in the context of the overall transportation needs of the community; and
WHEREAS, the City of Shakopee values its partnership with Scott County and other Scott
County cities in the development and provision of transit services; and
WHEREAS, The Construction Cooperative Agreement for the Marschall Road Transit Station
identifies the funding and outlines roles and responsibilities for that project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee,
Minnesota that the appropriate City officials are authorized to execute the Construction Cooperative
Agreement, and that the funding for this project will come from the City's Transit fund.
Approved by the City Council of the City of Shakopee, Minnesota this 5 day of June, 2012.
Mayor
ATTEST:
Finance Director /City Clerk
H:ACC \2012 \6 -05 -12 \Marschall Road Transit Agreements.docx 4
CITY OF SHAKOPEE, MINNESOTA
RESOLUTION NO. 7206
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF PRIOR
LAKE FOR DESIGN AND CONSTRUCTION SERVICES FOR THE MARSCHALL ROAD TRANSIT
STATION;
WHEREAS, the City Council of the City of Shakopee recognizes the value of providing quality,
cost effective transit services for the Shakopee community; and
WHEREAS, the City of Shakopee's 2030 Comprehensive Plan identifies addressing transit
needs as a goal in the context of the overall transportation needs of the community; and
WHEREAS, the City of Shakopee values its partnership with Scott County and other Scott
County cities in the development and provision of transit services; and
WHEREAS, The Memorandum of Understanding for the Marschall Road Transit Station
identifies the funding and outlines roles and responsibilities for the design services portion of that
project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee,
Minnesota that the appropriate City officials are authorized to execute the Memorandum of
Understanding, and that the funding for this project will come from the City's Transit fund.
Approved by the City Council of the City of Shakopee, Minnesota this 5 day of June, 2012.
Mayor
ATTEST:
Finance Director /City Clerk
H: \CC \2012 \6 -05 -12 \Marschall Road Transit Agreements.docx 5
CITY OF SHAKOPEE, MINNESOTA
RESOLUTION NO. 7207
A RESOLUTION APPROVING A JOINT POWERS AGREEMENT FOR THE OPERATION AND
MAINTENANCE THE MARSCHALL ROAD TRANSIT STATION;
WHEREAS, the City Council of the City of Shakopee recognizes the value of providing quality,
cost effective transit services for the Shakopee community; and
WHEREAS, the City of Shakopee's 2030 Comprehensive Plan identifies addressing transit
needs as a goal in the context of the overall transportation needs of the community; and
WHEREAS, the City of Shakopee values its partnership with Scott County and other Scott
County cities in the development and provision of transit services; and
WHEREAS, Joint Powers Agreement for the operation and maintenance of the Marschall Road
Transit Station identifies the funding and outlines roles and responsibilities for the ongoing operation
and maintenance for that project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee,
Minnesota that the appropriate City officials are authorized to execute the Joint Powers Agreement
for the operation and maintenance of the Marschall Road Transit Station, and that the funding for
this project will come from the City's Transit fund.
Approved by the City Council of the City of Shakopee, Minnesota this 5 day of June, 2012.
Mayor
ATTEST:
Finance Director /City Clerk
H:ACC \2012 \6 -05 -12 \Marschall Road Transit Agreements.docx 6
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County Project No. CP 17 -33
Cities of Shakopee and Prior Lake
County of Scott
CONSTRUCTION COOPERATIVE AGREEMENT
This AGREEMENT is made and entered into by and between the County of Scott, a Minnesota body
politic and corporate, located at Scott County Government Center, 200 Fourth Avenue West, Shakopee,
Minnesota 55379 -1220 (hereinafter referred to as the "County "); the City of Shakopee, a Minnesota municipal
corporation, located at 129 Holmes Street, Shakopee, Minnesota 55379 (hereinafter referred to as "Shakopee ");
and the City of Prior Lake, a Minnesota municipal corporation, located at 4646 Dakota Street S.E., Prior Lake,
Minnesota 55372 (hereinafter referred to as "Prior Lake "), together known hereinafter as the "Cities";
hereinafter collectively referred to as the "Parties ".
RECITALS:
A. In 2010, the County purchased the property at 1615 Weston Court which is a 6.8 acre site located at
Trunk Highway (TH) 169 and County Highway (CH) 17 in the City of Shakopee, using Minnesota
Statutes Chapter 152 Transit Bond funds and County funds for the purpose of establishing a transit
facility at this location. Under the terms of the state funding, ownership was transferred to the State of
Minnesota, and the County was granted a long term lease allowing its exclusive use of the property
for transit and other governmental uses.
B. The Parties have a shared interest in planning for and providing efficient and attractive transit
services and facilities that meet the needs of residents of Scott County and have begun to develop a
construction project to retrofit the site and building into a park and ride facility known as "Marschall
Road Transit Station" (MRTS) (hereafter referred to as, "the Project ") to support Express Transit
service. Other County operations, including but not limited to Scott County Transit Services will
operate from and within the MRTS.
C. A portion of the building will include an Express Transit passenger waiting area and supporting
services (restrooms & customer service), The remainder of the building will be used as an out of
service bus garage for the Smart Link and Circulator fleet, provide office and dispatch space for
SmartLink and Scott County Transit Services and other County offices /uses.
D. The State of Minnesota has awarded the County Chapter 152 Transit Bonds for the Project. All
construction costs associated with converting the site and building into a park and ride facility to
support Express Transit are eligible for the Chapter 152 Funds. These funds are available for
construction in State Fiscal Year 2013 and may be used only for the construction costs of the Project.
1
County Project No. CP 17 -33
Cities of Shakopee and Prior Lake
County of Scott
E. County Project No. CP 17 -33, MRTS, includes several improvements to support Express Transit:
including a bus advantage ramp to TH 169 for the buses, 405 parking spaces for patrons, commuter
drop -off facilities, the bus loading area, the indoor passenger terminal with restrooms and office space
for customer services. The County Engineer's plans detailing these improvements, marked Exhibit A,
is attached hereto and made a part hereof this Agreement.
F. A Consultant, under contract with the County, has prepared a Preliminary Construction Cost Estimate
for the above described Project. The total cost for the Project is estimated at Two Million, Sixty -
Three Thousand, Six Hundred Forty -five and no /00 Dollars ($2,063,645.00), (hereinafter "Engineer's
Estimate "). A copy of the Engineer's Estimate, marked Exhibit "B.1 ", is attached hereto and made a
part hereof.
G. The Project lies within the corporate Limits of the Shakopee. The facility supports the Blue Express
which is a transit service provided jointly by the Cities of Shakopee and Prior Lake.
NOW, THEREFORE, IT IS IHEREBY AGREED:
I. The recitals set forth above are incorporated as if fully set forth herein.
2. The County or its agents shall advertise for bids for the work and construction of the Project No. CP 17-
33, 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 in such case provided for counties. The
contract is in form and includes the plans and specifications prepared by the County or its agents, which plans
and specifications are by this reference made a part hereof.
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 authority in initiating and determining change orders,
supplemental agreements and final quantities, after consulting with the Cities on items involving cost
participation of the Cities under this Agreement. Any contract changes resulting in additional costs to either or
both Cities will not be authorized until said work is approved, in writing, by the City incurring the costs. The
authorized agents of the Cities shall cooperate with the County Engineer and the County Engineer's staff as
requested and as reasonably necessary, but will have no other responsibility for the supervision of the work.
2
County Project No. CP 17 -33
Cities of Shakopee and Prior Lake
County of Scott
4. Building Improvements and Site Improvements Construction Costs
The County shall use the Chapter 152 funding to pay for one hundred percent (100 %) of the site improvements
and up to thirty -five percent (35 %) of the building improvements, 65% of the building improvement
construction costs will be paid by the County from non - Chapter 152 funding sources. If the Chapter 152
fitnding is not sufficient to pay for 35% of the building improvement construction costs, the Cities, based on a
cost split agreement between themselves, agree to pay for the construction costs incurred above the Chapter 152
funds for construction items within the building related to Express Transit, as detertnined by the actual
quantities measured on the Project and paid at the unit price bid. In the event that there are remaining Chapter
152 funds after funding one hundred percent (100 %) of the site improvements and thirty -five percent (35 %) of
the building improvements, the Cities may apply the remaining Chapter 152 funds towards the canopies and
aesthetic upgrades.
5. The County will be solely responsible for all the construction costs of the Project not related to the
Express Transit.
6. Building Improvements Design and Administrative Costs
The Cities, based on a cost split agreement between themselves, will reimburse the County for two - thirds (2/3)
of the County's contracted costs for design, engineering, architectural services and administration for the base
Express Transit building (w /o canopy), based on the Express Transit's share of the building construction costs.
The base Express Transit building construction costs are estimated at thirty -five percent (35 %) of the total
building Project costs. The County agrees to provide the County's in -house staff costs for Project development
at no cost to the Cities. The County further agrees to provide any in -house construction engineering cost
incurred as an additional in -kind contribution to the building Project. Design, engineering and contract
administrative costs related to the canopy and any esthetic upgrades, if requested, will be one hundred (100 %)
percent the Cities' costs and will be detailed in paragraph 8 below. Utilizing thirty -five percent (35 %) of the
total estimated building construction costs as the basis for calculating the Express Transit's share of the
contracted Project delivery and construction management costs, results in that share being estimated at Fifty -
nine thousand Two hundred Nine and no /100 Dollars ($59,209.00) with the Cities' share, two- thirds (2/3),
estimated at Thirty -nine thousand, Four hundred Seventy -one and no /100 Dollars ($39,471.00).
3
County Project No. CP 17 -33
Cities of Shakopee and Prior Lake
County of Scott
7. Site Improvements Design and Administrative Costs
The Cities, based on a cost split agreement between themselves, will reimburse the County for two- thirds (2/3)
of the County's contracted- costs for design, engineering, architectural services and administration for the
Transit Site Improvements. The County agrees to provide the County's in -house staff costs for Project
development at no cost to the Cities. The County further . agrees to provide any in -house construction
engineering cost inctured as an additional in kind contribution to the building Project. The contracted Project
delivery and construction management cost are estimated at One hundred Sixty -nine thousand, Five hundred
Fifty -six and no /100 Dollars ($169,556.00), with the Cities' share, two - thirds (2/3), estimated at One hundred
Thirteen thousand, Thirty -seven and no /100 Dollars ($113,037).
8. Canopy Option.
The Cities, based on a cost split agreement between themselves, will reimburse the County for one hundred
percent (100 %) of the County's costs related to design, engineering, architectural services and administration
for the canopy. In the event the canopy option is not included in the final project, all costs incurred related to
the canopy will be added to the contract costs of the building and shared consistent with the provisions outlined
in Paragraph 6 of this Agreement. The Project delivery and construction management cost for the canopy
option, are estimated at Sixty -two thousand, Eight hundred Forty and no /100 Dollars ($62,840.00).
9. All design, engineering, architectural services and contract administration services, as outlined in this
Agreement, will be invoiced to the Cities within thirty (30) days of Project award. A copy of said estimate of
contracted services and allocation, marked Exhibit "B.2 ", is attached hereto and made a part hereof.
10. The Cities shall reimburse the County for its share of the construction costs for the Project and the total
final contract construction cost shall be apportioned based on the percentage cost splits as set forth in the
Preliminary Construction Cost Estimate, (Exhibit "B "). It is further agreed that the Engineer's Estimate,
referred to in this Agreement, contains estimates of the construction cost for the contract work on the Project
and that the unit prices set forth in the contract with the successful bidder, 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 according to the provisions of this paragraph and paragraphs 6 and 7.
4
County Project No. CP 17 -33
Cities of Shakopee and Prior Lake
County of Scott
11. In addition to payment of the Cities' proportionate share of the contract construction cost to be allocated
pursuant to Paragraph 4 above, the County and the Cities further agree that the County shall invoice the Cities
for fees, (including, but not limited to, tree replacement, sewer water and electrical service charges and permit
fees) that are incurred during the construction process, unless they are waived by the responsible agency.
12. The Cities shall, based on the contract price, deposit with the Scott County Treasurer fifty percent (50 %)
of the Cities' share of the construction costs of the Project within sixty (60) days after award of contract and
execution of this Agreement, whichever is later, and the remaining fifty percent (50 %) of the Cities' share of the
construction costs, all within one hundred and twenty (120) days after award of contract and execution of this
agreement.
The final amount of the Cities' share of construction costs of the Project shall be calculated and any
amount due paid to the County upon completion of the Project and submittal to the Cities of the County's final,
itemized, statement of the Project costs.
In the event the initial payment exceeds the Cities' share of the final costs, such overpayment shall be
returned to the Cities by the County, based on the cost split agreement between Shakopee and Prior Lake.
13. The County Engineer shall prepare monthly progress reports as provided in the specifications. Copies of
these reports shall be furnished to the Cities upon request.
14. In the event that a dispute arises, the County and the Cities agree that all disputes arising out of or
relating to this Agreement shall be submitted, upon agreement of all Parties, to mediation, with the cost being
shared equally.
15. 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
terns of this Agreement.
16. All records kept by the Cities 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 Cities 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.
5
County Project No. CP 17 -33
Cities of Shakopee and Prior Lake
County of Scott
•
17. 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 Cities 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 Cities, or arising
out of the negligence of any contractor under any contract let by the Cities for the performance of work on the
Project; and the Cities agree to defend, save and keep the County, its officers, agents and employees harmless
from all claims, demands, actions or causes of action arising out of negligent performance by the Cities, their
officers, agents or employees.
18. It is further agreed that neither the Cities, their 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 work on the Project; and the County agrees to defend, save and keep said Cities, their 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.
19. 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.
20. It is further agreed that any and all employees of either City and all other persons engaged by either City
in the performance of any work or services required or provided herein to be performed by either 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 Cities' 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 Cities' employees while so engaged shall be
the sole responsibility acacia City and shall not be the obligation or responsibility of the County.
6
County Project No. CP 17 -33
Cities of Shakopee and Prior Lake
County of Scott
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 either 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 shall be the sole
responsibility of the County and shall not be the obligation or responsibility of either City.
21. 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 "C ".
22. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5, the books, records, documents, and accounting procedures
and practices of the County and Cities pursuant to this agreement shall be subject to examination by the County,
Cities and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement
shall be kept by the County and Cities 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 Cities 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 Agents of the County or Cities notifies the other Parties in writing that
the records no longer need to be kept.
23. 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 their 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.
24. 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 any Party to this Agreement of any provision, term,
condition or covenant shall not be construed by the Parties as a waiver of a subsequent breach of the same by
the other Parties.
7
County Project No. CP 17 -33
Cities of Shakopee and Prior Lake
County of Scott
25. The County's Authorized Agent for the purpose of the administration of this Agreement is Maria A.
Heller, Supervisor Administrative Services, or her successor. Her current address and phone number is Scott
County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496 -8369.
The City of Shakopee's Authorized Agent for the purpose of the administration of this Agreement is
Mark McNeill, City Administrator, or his successor. His current address and phone number is 129 South
Holmes Street, Shakopee, MN 55379, (952) 233 -9311.
The City of Prior Lake's Authorized Agent for the purpose of the administration of this Agreement is
Frank Boyles, City Manager, or his successor. His current address and phone number is 4646 Dakota Street
S.E., Prior Lake, MN 55372, (952) 447 -9800.
Any change in narne, address, or telephone number of the Authorized Agents shall be promptly noticed
to the other Parties.
The Remainder of This Page is Intentionally Left Blank,
8
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 written below.
CITY OF SHAKOPEE
(SEAL)
By By
Bract Tabke, Mayor Mark McNeill, City Administrator
Date Date
CITY OF PRIOR LAKE
(SEAL)
By By
Mike Myser, Mayor Frank Boyles, City Manager
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Gary L. Shelton, County Administrator Thomas J. Wolf, Chair of Its County Board
Date Date
Upon proper execution, this agreement RECOMMEND FOR APPROVAL:
will be legally valid and binding.
By By
For Pat Ciliberto, County Attorney Lezlie A. Vermillion, Community Services Director
Date Date
APPROVED AS TO EXECUTION:
By ,
For Pat Ciliberto, County Attorney
Date
tittpi/ teamscoop/ div/ CommunitySvcs/ coutracts/PDProjectCoturacts/CP 1 7 -33 Construct1on Coop.doc
EXHIBIT C
POLIOYSTATEMENT
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 / /e //y � -a d oz-v l //U f/
Gary L 6;1
Shelton / Date Thomas J. Wolf Date
Scott County Administrator Chair, Board of Commissioners
Exhibit B.1
MARSCHALL ROAD TRANSIT CENTER
PRELIMINARY CONSTRUCTION COST ESTIMATE
USES
Express County County
Building/Passenger Area Transit Transit County Library Storage /Exp Total
Construction Costs (Inc. 15% contingency) $ 372,590 $399,906 $ 213,732 $ 68,217 $ 1,054,445
Alternate -Ext. Canopies (inc.15% contigency) $ 404,200 $ 404,200
Totals $ 776,790 $ 399,906 $ 213,732 $ 68,217 $ 1,458,645
Percent Allocation Base 35% 38% 20% 6% 100%
Express County County
Site Work Transit Transit County Library Storage /Exp Total
Construction Costs (Inc. 15% contingency) $ 475,000 $ - $ - $ - $ 475,000
BO Access Ramp (inc. 10% contingency) $ 205,000 $ - $ - $ - $ 205,000
Totals $ 680,000 $ 680,000
Percent Allocation 100% 0% 0% 0% 100%
`Total $ 1,456,790 $ 399,906 $ 213,732 $ 68,217 : ;:$::;; 2,138;645:;1
SOURCES
MnDOT Agreement (assumes this total is capped) $ 1,169,800
Blue eXpress (with optional Exterior Canopies -costs exceeding Chapter 152 funds)
County Project Cost mf
Total Project Cost $ 2,138,645
Exhibit 8.2
Contracted Services Estimate and Allocation
Total Projected Scott County Exp. Transit SC Contr. To SC,TotaL : '' 'Ezp iit y;:'
Building Architectural /Engineering Costs (allocated proratio based on cost estimate) Cost Only Share Exp. Transit i' ;_' ?#r1S atk
Pre - Design A/E Fee's $ 47,000 $ 30,550 S 16,450 $ 5.4.83.33 ' $ i;` :36,033 Ar 4,94.17
Fulf Service A/E Fee's' 110,160 71 ,604 38,5 12,352 „1.84;4 ' > `'%r � z'iZ5 t �0a`
HVACCommissioning/Balancing 8000 $ 5,200 $ 2,800 $ 933 4 $' %''t "&,133'.;? ; ' 5 ;=
Reimbursable Expenses 4000 5 2,600 $ 1,400 $ 467 :i'$' . 3,067 :=�" .'''J33a'
Total Base Building Contracted Costs $ 169,160 $ 109,954 $ 59,205 $ 19,735 ' $i`; ;175 689 t .4;ry ,' �'� 39/l
Full Service WE Fee for Canopies & Materials Testing 840 r`'`-
Total With Canopies $ 232,0 $ 10 9,9 $ 59 $ 19 ':129
00 54 $'': ;?689, :Ssyy %,
Site Engineering Costs � ? '''v `%' _'s:1."<<f; `.jr;n'% ' "•2
Prel. & Final Design (CP 17 -33) $ 129,556 5 129,556 $ 43,185 ::5; 43;185:. " =5rr t •T' $fr;37i
Other Engineering Costs $ 40,000 $ 40,000 $ 13,333 ' "13,333' -"
, 5 n y . f
Braun Geotechnical Investigation $ 9,000
Braun - Materials Testing/Certifications _ ":..;Ii °`••'. n�,.
LSA Reimbursable Expenses $ 26,000 :;i;.'e; } , . ;,.1 : ; ,:.: ` h .r., a:
6,000 5; v, .,„.... , -. i `t & ::" '` . ;
Total Estimated Site Contracted Costs $ 169,556 $ $ 1 $ 56,519 4 ^ '' X .: :
(County Kind) $ 7 5000 $ 75000 $ 75000 : $ ° ;''`.T 75000 =. ` .
Construction Engineering � 4' ..r'e,l'° + ° :, . '
Coun to Provide In Ki , , , �
Grant Total -Base Contracted Costs ' $ 333,716 $ 109,954 $ 228,762 $ 76,254 5. 186208; -f• u'.'333$t3'$�
Grant Total- with Cano Canopies „4 ,.,. x� 3
Gr
p' $ 401,556 $ 109,954 $ 228,762 $ 76, 254 ' '�$`;'3s3q$.
Grant Total -with in kind services 5 476,556 $ 109,954 5 303,762 $ 151,254 $1261'208Vr;'..t'a.'415} :.
Note: Full Service A/E Fee's' is defined as follows:
l Full Schematic thru Construction Document and Construction Administration for Building/Exterior Passenger Canopy Area
2. Interior as d -out package for Library Services
Note: Adding 2nd floor option increase AE ccot by 523,000, with the County total contracted administrative Cost projected to be $209,208 plus in kind services
MEMORANDUM OF UNDERSTANDING
FOR DESIGN AND CONSTRUCTION SERVICES FOR MARSCHALL ROAD TRANSIT
STATION
THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and
between the City of Shakopee, a Minnesota municipal corporation, 129 Holmes Street
Shakopee, MN 55379 (hereinafter referred to as "Shakopee "), and the City of Prior Lake, a
Minnesota municipal corporation, 16776 Fish Point Road SE, Prior Lake, MN 55372
(hereinafter referred to as "Prior Lake ") (hereinafter collectively referred to as the "Parties ").
RECITALS
WHEREAS, the Parties have a shared interest in planning and providing efficient transit
services to the residents of Scott County; and
WHEREAS, the Parties have, through prior undertakings, jointly participated in
completing a Unified Transit Management Plan ("UTMP ") that recommends various County-
wide transit capital and service improvements; and
WHEREAS, each of the Parties has adopted the recommendations of the UTMP in part,
in whole, or with conditions; and
WHEREAS, the Parties, through their participation in the Scott County Transit Review
Board and Transit Planning Team, have developed two regional park- and -ride facilities
(Southbridge Crossings Transit Station and Eagle Creek Transit Station), operated the
BlueXpress bus service and have begun planning and implementation of a third park- and -ride
facility (Marschall Road Transit Station); and
WHEREAS, in 2010, the County purchased the property at 1615 Weston Court which is
a 6.8 acre site located at Trunk Highway (TH) 169 and County Highway (CH) 17 in the City of
Shakopee, using Minnesota Statutes Chapter 152 Transit Bond funds and County funds for the
purpose of establishing a transit facility at this location. Under the terms of the state funding,
ownership was transferred to the State of Minnesota and the County was granted a long term
lease allowing its exclusive use of the property for transit and other governmental uses; and
WHEREAS, the Parties have begun to develop a construction project (hereafter referred
to as, "the Project ") to retrofit the site and building into a facility known as " Marschall Road
Transit Station" (MRTS) to support express transit service and other County operations,
including but not limited to Scott County Transit Services; and
WHEREAS, a portion of the building will include an express transit passenger waiting
area and supporting services (restrooms & customer service). The remainder of the building will
be used as an out of service bus garage for the Smart Link and Shakopee Transit Circulator
fleet, provide office and dispatch space for Smart Link and Scott County Transit Services and
other County offices /uses; and
WHEREAS, the State of Minnesota has awarded the County Chapter 152 Transit Bonds
for the Project. All construction costs associated with converting the site and building into a
Park and Ride Facility (hereinafter "Park and Ride Facility" or "Facility ") to support Express
Page 1 of 5
MEMORANDUM OF UNDERSTANDING - MARSCHALL ROAD TRANSIT STATION DESIGN AND CONSTRUCTION
Transit are eligible for the Chapter 152 Funds. These funds are available for construction in
State Fiscal Year 2013 and may be used only for the construction costs of the Project; and
WHEREAS, County Project No. CP 17 -33, MRTS, includes several improvements to
support express transit; including, but not necessarily limited to a bus advantage ramp to TH
169 for the buses, 405 parking spaces designated for use by commuters, commuter drop -off
facilities, a bus loading area, an indoor passenger terminal with restrooms and office space for
customer services. The County Engineer's plans detailing these improvements are depicted in
Exhibit A and attached hereto and incorporated herein as part this Agreement; and.
WHEREAS, a Consultant, under contract with the County has prepared a Preliminary
Construction Cost Estimate for the Project. The total cost for the Project is estimated at Two
Million, Sixty -Three Thousand, Six Hundred Forty -five and no /00 Dollars ($2,063,645.00),
(hereinafter referred to as the "Engineer's Estimate "). A copy of the Engineer's Estimate is
identified as Exhibit "B.1" and attached hereto and incorporated herein as part of this
Agreement; and.
WHEREAS, the Project lies within the corporate limits of the City of Shakopee. The
Facility supports the BlueXpress which is a transit service provided jointly by the Cities of
Shakopee and Prior Lake; and
WHEREAS, the Parties desire to enter into this Memorandum of Understanding to set
out the terms, conditions and allocation of funds for the acquisition of a coach bus and operation
of reverse commuter routes.
NOW THEREFORE, in consideration of the mutual undertakings and agreements
contained herein, the Parties hereby agree as follows:
1. RECITALS. The recitals contained herein and set forth above are incorporated by
reference as if fully written herein.
2. PURPOSE. The purpose of this Memorandum of Understanding is to allocate the
percentage each party is responsible for contributing towards the design and
construction of the Marschall Road Park and Ride Facility.
3. TERM OF AGREEMENT. This Agreement shall be effective from the date of final
execution by both parties and shall remain in effect through the term of the ownership,
by Scott County, of the Marschall Road Transit Station, unless terminated earlier by the
Parties as provided herein.
4. DESIGN AND CONSTRUCTION SERVICES.
a. The Parties have entered into a Construction Cooperative Agreement with Scott
County for County Project No. CP 17 -33, dated , 2012 outlining the
collective responsibilities of the Parties for payment of design and construction
costs for the Marschall Road Transit Station, which agreement is incorporated by
reference as if fully setout herein.
Page 2 of 5
MEMORANDUM OF UNDERSTANDING - MARSCHALL ROAD TRANSIT STATION DESIGN AND CONSTRUCTION
b. Financial Obligations of the Parties for Acquisition of the Coach Bus. The
Parties shall contribute the following amounts for the design and construction of
the Marschall Road Transit Station:
City of Prior Lake: 40% of costs as determined by the Construction
Cooperative Agreement
City of Shakopee: 60% of costs as determined by the Construction
Cooperative Agreement
5. CITY AND STATE AUDIT
Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), the books, records, documents,
and accounting procedures and practices of the Parties relative to this Agreement shall
be subject to examination by the Cities and the State Auditor. Complete and accurate
records of the work performed pursuant to this Agreement shall be kept by the Parties
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 Cities 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
City notifies the Parties in writing that the records need no longer be kept.
6. INDEMNITY
Each Party shall indemnify, defend, and save the other Parties harmless from any and
all claims, damages, lawsuits, losses, liabilities, costs, and expenses, arising out of any
negligent act or omission on the part of any Party or its contractors, agents, servants, or
employees in the performance of any of the work or services to be performed under the
terms of this Agreement. Each Party's obligation to indemnify the other under this
clause shall be limited in accordance with the statutory tort limitations provided in Minn.
Stat. § 466.04 to limit each Party's total liability for all claims arising from a single
occurrence, including the other Party's claim for indemnification, to the limits provided in
section 466.04.
7. LIABILITY
The liability limits set out in Minnesota Statute Chapter 466 shall apply to this
Agreement. This Agreement shall not act to aggregate the liability limits of the individual
parties.
8. DATA PRACTICES
All Parties, their agents, employees and any of their subcontractors, in providing all
services hereunder, agree to abide by the provisions of the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant
to Ch. 13.
Page 3 of 5
MEMORANDUM OF UNDERSTANDING - MARSCHALL ROAD TRANSIT STATION DESIGN AND CONSTRUCTION
9. NOTICES
Any notices to be given under this Agreement shall be given by enclosing the same in a
sealed envelope, postage prepaid, and depositing the same in the United States Postal
Service, addressed to the each of the Parties at the following addresses:
Jane Kansier Michael Leek
CITY OF PRIOR LAKE CITY OF SHAKOPEE
4646 Dakota Street SE 129 Holmes Street
Prior Lake, MN 55372 Shakopee, MN 55379
10. CONTROLLING LAW
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 herein 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
herein will be in the appropriate federal court within the State of Minnesota.
11. SUCCESSORS AND ASSIGNS
The Parties, respectively, bind themselves, their partners, successors, assigns, and
legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of this Agreement. No Party shall assign, sublet, or transfer any interest in
this Agreement.
12. CHANGES
The Parties agree that no change or modification to this Agreement, or any attachments
hereto, shall have any force or effect unless the change is reduced to writing, dated, and
made part of this Agreement. The execution of the change shall be authorized and
signed in the same manner as this Agreement.
13. SEVERABILITY
In the event any provision of this Agreement shall be held invalid and unenforceable by a
court of competent jurisdiction, 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 any Party of any provision, term, condition or
covenant in this Agreement shall not be construed by the other Party as a waiver of a
subsequent breach of the same by the other Party.
15. EFFECTIVE DATE
This Agreement shall be in full force and effect upon execution by both Parties. This
Agreement may be signed in counterparts, each as effective as the original.
Page 4 of 5
MEMORANDUM OF UNDERSTANDING - MARSCHALL ROAD TRANSIT STATION DESIGN AND CONSTRUCTION
I N WITNESS WHEREOF, the Parties hereto have set their hands on the dates written below.
CITY OF SHAKOPEE
By:
Title: Brad Tabke, Mayor
Date:
Attest:
By:
Title: Mark McNeill, City Administrator
Date:
CITY OF PRIOR LAKE
By:
Title: Mike Myser, Mayor
Date:
Attest:
By:
Title: Frank Boyles, City Manager
Date:
Page 5 of 5
JOINT POWERS AGREEMENT
FOR THE OPERATION AND MAINTENANCE OF
THE TRUNK HIGHWAY 169 /COUNTY HIGHWAY 17 MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
THIS JOINT POWERS AGREEMENT is made and entered into by and between
Scott County, a Minnesota governmental entity located at Scott County Government
Center, 200 Fourth Avenue West, Shakopee, Minnesota 55379 -1220 (hereinafter
referred to as the "County "); the City of Shakopee, a Minnesota municipal corporation
located at 129 Holmes Street Shakopee, MN 55379 (hereinafter referred to as
"Shakopee "); and the City of Prior Lake, a Minnesota municipal corporation located at
4646 Dakota Street SE, Prior Lake, MN 55372 (hereinafter referred to as "Prior Lake ");
hereinafter collectively referred to as the "Parties ".
RECITALS:
WHEREAS, the Parties are authorized to enter into joint powers agreements
pursuant to Minnesota Statutes, Section 471.59; and
WHEREAS, the Parties have a shared interest in planning for and providing
efficient and attractive transit services and facilities that meet the needs of residents of
Scott County; and
WHEREAS, the Parties have, through prior undertakings, jointly participated in
completing a Unified Transit Management Plan (UTMP), UTMP Update, and Scott
County Transit Operations Plan (Operations Plan) that recommend various capital and
service improvements to address the transit needs of the residents of Scott County; and
WHEREAS, each of the Parties has adopted the recommendations of the UTMP,
UTMP Update and Transit Plan either with or without specific comment or reservations;
and
WHEREAS, through the direction provided by the Scott County Transit Review
Board (TRB) and the efforts of the Scott County Transit Planning Team (TPT), the
Parties have proceeded with implementation of the UTMP recommendation to develop
a regional park and ride facility in the CR 17 corridor; and
WHEREAS, the above - referenced park and ride facility known as "Marschall
Road Transit Station" (Marschall Station) will accommodate approximately 405 parking
spaces for users of express commuter services; and
WHEREAS, Marschall Station is located on approximately 6.8 acres of land
Trunk Highway 169 and CH 17 in the City of Shakopee; and
M:\Jane \ TRANSIT \Marshall Road Transit Station\Marschall Road Transit Station Park and Ride JPA -FINAL DRAFT.docx
JOINT POWERS AGREEMENT - MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
WHEREAS, the Parties have redeveloped the Marshall Station under a separate
Cooperative Construction Agreement that addressed cost sharing related to the
construction project, known as CP17 -33; and
WHEREAS, it is the intent of the Parties to participate in and share the cost of
maintaining and operating Marschall Station in reasonable proportion to the use of the
site for their transit services; and
WHEREAS, the Parties desire to set out the terms, conditions and cost sharing
associated with the going operation and maintenance of Marschall Station; and
WHEREAS, if any federal dollars are used by any of the Parties, the federal
requirements shall apply; and
WHEREAS, the Parties hereto have concluded that the actions set forth above
can best be accomplished through a joint powers agreement.
NOW THEREFORE, in consideration of the parties shared interests, the Parties
hereby agree as follows:
1. DEFINITIONS
As used herein, the following words have the following meanings:
"Park- and -Ride Parking Space(s)" means 405 stalls designated for transit
purposes.
"County Parking Space(s)" means stalls designated for County employee /visitor
parking.
"Building" means building structure and all entrances and exits to the main
garage.
"Parking" means all sidewalks, vehicle parking and landscaping.
"Park- and -Ride Facility" or "Facility" means a commuter transit facility
consisting of a park- and -ride lot with 405 spaces designated for transit
purposes and the indoor waiting area within the Building designated for
public use in connection with the Park - and -Ride Facility. "County Space"
means all areas on the site that are not designated for use as a Park - and -Ride
Facility.
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JOINT POWERS AGREEMENT - MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
"County Building Space" means those portions of the Building designated for use
by the County.
"Designated Area Estimate" means an estimate of the portions of the Property,
Park - and -Ride Facility and Building depicted in Exhibit B, planned for use by a
Party or the Parties. [This term, although defined, is not used anywhere in the
agreement. I would therefore delete it.]
"Public Areas" means the areas of the Park - and -Ride Facility designated for
public use; e.g. the total non - rentable area of the Building, such as rest rooms,
reception area, vending, etc.
"Bus Only Ramp" means property that is on Mn /DOT right of way and is used for
the sole purpose of providing public transit access to U.S. Hwy 169.
"Capital Expenditures" means expenditures to acquire buildings, equipment and
other fixed tangible assets; and does not include expenditures for the operation
and maintenance of the Park - and -Ride Facility. Expenditures used for the
ordinary day -to -day operation of the Facility, utilities and insurance are not capital
expenditures.
"Operating Expenses" means all expenses of maintaining property relating to the
operation and maintenance of a Park - and -Ride Facility except expenses relating
to the acquisition of Capital assets Examples include, but are not limited to,
routine maintenance, lighting, heat, snow plowing, electricity, landscaping,
redesign, utilities and insurance.
"Design" means the stage in the development of a project during which
schematic, design development, and contract documents are produced.
"In -Kind Services" means non - contracted services provided by the Parties
and include services such as but not limited to snow removal, customer
service, administration and minor building repairs and maintenance. In -Kind
Services may be "Operating Expenses."
"Property" means real property owned by the State of Minnesota, legally
described in Exhibit A, and leased to the County for the purpose of
operating a Park - and -Ride Facility.
"State" means State of Minnesota.
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JOINT POWERS AGREEMENT - MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
2. PURPOSE
The purposes of this Joint Powers Agreement are to:
a) Establish the responsibilities of the Parties as they relate to the operation and
maintenance of the Marschall Station site; and
b) Set out the process by which costs for operation and maintenance will be
determined, assessed and paid by the Parties.
3. TERM OF AGREEMENT
This Agreement shall be effective from the date of its final execution by all
Parties, and shall remain in effect so long as the site is used by the Parties for
the purposes of providing transit services.
4. SITE OWNERSHIP
The Property, legally described in Exhibit A, is owned by the State and is subject
to a Partnership Agreement whereby the State leases the Property to the County
and the County agrees to occupy a portion of the Property for the purpose of
operating a 405 stall Park - and -Ride Facility. (As depicted in Exhibit B). The
County may use the Property not depicted in Exhibit B at its discretion.
5. DUTIES OF THE PARTIES
I Estimate of Site and Building Use
Total Site Size - 6.33 acres, 447 parking spaces
Estimated County Use of the site — 42 spaces (9 %)
Estimated Park - and -ride use of the site — 405 spaces5 (91 %)
Estimated Building Size — 26,834 sq. ft. (Gross)
Estimated County use of building - 24,442 sq. ft. or 91 percent (Gross)
Estimated Park -and Ride Facility use of Building - 2,392 sq. ft. or 9
percent (Gross)
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JOINT POWERS AGREEMENT - MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
II Operation and Maintenance
a) Preparation of Annual Operations Budget
While the Marschall Station site remains /will remain under the management
of Scott County, the Scott Transit Planning Team (TPT) shall prepare a draft
annual budget for the Park and Ride Facility by April 30 of each year for
review and approval by the Scott Transit Review Board (TRB), the Scott
County Board of Commissioners, and the City Councils of Prior Lake and
Shakopee for the designated Park - and -Ride Facility.
The Parties agree that the annual budget to operate and maintain the Park
and Ride Facility is a good faith estimate of annual operating expenses and
actual costs may exceed those budgeted. The annual budget is intended in
part to assist the Parties in the preparation of their respective municipal
budgets.
In the event the ownership, operation and maintenance of the site are turned
over to another transit service agency or the Metropolitan Council the Parties
shall no longer have any obligation to prepare an annual operations budget
for the site.
III Contracting for Services
In the event it is necessary to contract for services to carry out operation and
maintenance of that portion of the site depicted in Exhibit B, the cost of such
services shall be included in the annual budget, and the Parties shall jointly
determine which Parties will be responsible for the administration of any such
contracts.
IV Payment for Operation and Maintenance Costs for Marschall Road Transit
Station
Costs for Operations and Maintenance include, but are not necessarily limited
to, the following:
1. Insurance (general liability and property)
2. Utilities (gas, electric, water, sewer, phone /communications, waste and
hazardous waste removal)
3. Maintenance services (facility maintenance and repair, snowplowing,
lawn /landscaping, janitorial); and
4. Security services.
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JOINT POWERS AGREEMENT - MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
V Payment Terms:
a) The County, Shakopee and Prior Lake shall share in the cost of the
Operation and Maintenance of that portion of the Property depicted in
Exhibit B, subject to approval of each of the respective Parties governing
bodies.
b) Total estimated Operational and Maintenance costs are set out in Exhibit
C.
c) Based on the portion of the site to be used for Park - and -Ride Parking and
associated busways, and the bus ramp it is estimated that the County will
pay ten percent (10 %) of Operation and Maintenance costs and the Cities
will share in ninety percent (90 %) of Operation and Maintenance costs.
d) The County will pay ninety percent (90 %) of the cost of Operation and
Maintenance of the Building and the Cities will share ten percent (10 %) of
the cost.
e) Payments by the Cities of Prior Lake and Shakopee may be in the form of
cash payment annually, provision of in -kind services, or a combination of
both. The expected level of in -kind services shall be estimated at the time
of preparation of each annual budget. The actual value and amount of in-
kind services contributed by the Parties during the course of the
operational year shall be determined at the end of that year. Any grant
monies received shall be put towards the expenses; unless restricted by
the terms of the grant.
f) The County will bill the Cities on a quarterly basis based on the adopted
annual budget and actual expenditures. The Cities will pay the County
within thirty (30) days of receipt of an invoice. At the close of the
agreement year, the County will reconcile the current year budget and
expenditures and current year actual costs and bill the Cities for additional
costs in excess of the budget and actual expenditures.
g) It is understood by the Parties to this Agreement that the amount
approved in the annual budget shall in no way prevent the County from
collecting from the Parties the actual costs incurred to operate and
maintain the Park and Ride Facility.
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JOINT POWERS AGREEMENT - MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
6. COUNTY AND STATE AUDIT
Pursuant to Minn. Stat. § 16C.05, subd. 5 (2007), the books, records, documents,
and accounting procedures and practices of the Parties relative to this
Agreement shall be subject to examination by the County and the State Auditor.
Complete and accurate records of the work performed pursuant to this
Agreement shall be kept by the Parties 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 of Scott 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 notifies the Parties in writing that the records need no longer be
kept.
7. INDEMNITY
Each Party shall indemnify, defend, and save the other Parties harmless from
any and all claims, damages, lawsuits, losses, liabilities, costs, and expenses,
arising out of any negligent act or omission on the part of any Party or its
contractors, agents, servants, or employees in the performance of any of the
work or services to be performed under the terms of this Agreement. Each
Party's obligation to indemnify the other under this clause shall be limited in
accordance with the statutory tort limitations provided in Minn. Stat. § 466.04 to
limit each Party's total liability for all claims arising from a single occurrence,
including the other Party's claim for indemnification, to the limits provided in
section 466.04.
The County shall be responsible for the professional quality, technical accuracy,
and the coordination of all services furnished by the County under this
Agreement. The County shall, without additional compensation, correct or revise
any errors or deficiencies in the County's final reports and services.
8. LIABILITY
The liability limits set out in Minn. Stat.; Chap. 466 shall apply to this Agreement.
This Agreement shall not act to aggregate the liability limits of the individual
parties.
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JOINT POWERS AGREEMENT - MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
9. SUBCONTRACTS
The County shall not subcontract any portion of the work to be performed under
this Agreement nor assign this Agreement without knowledge and consent by the
cities.
10. FORCE MAJEURE
The Parties agree that the County shall not be liable for any delay or inability to
perform this Agreement, directly or indirectly caused by or resulting from strikes,
labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack
of material, delays of transportation, acts of God or other cause beyond
reasonable control of the County and the rest of the Parties.
11. DATA PRACTICES
All Parties, their agents, employees and any of their subcontractors, in providing
all services hereunder, agree to abide by the provisions of the Minnesota
Government Data Practices Act, Minn. Stat., Chap. 13, as amended, and Minn.
Rules promulgated pursuant to Chap. 13.
12. FUND DISBURSEMENT
Upon Termination of this Agreement, any unused funds shall be returned to the
contributing Parties in the same proportion that initial contributions were made.
Disbursement of funds resulting from the sale or disposition of the property
contemplated herein shall comply with the terms and conditions set forth in
paragraph 3 herein.
13. NOTICES
Any notices to be given under this Agreement shall be given by enclosing the
same in a sealed envelope, postage prepaid, and depositing the same in the
United States Postal Service, addressed to the each of the Parties at the
following addresses:
Troy Beam
Scott County Community Services
Transit and Fleet Management
600 Country Trail East
Jordan, MN 55352
952 -496 -8277
8
JOINT POWERS AGREEMENT - MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
Michael Leek/Community Development Director
City of Shakopee
129 Holmes Street
Shakopee, MN 55379
Jane Kansier /Assistant City Manager
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
14. CONTROLLING LAW
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 herein 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 herein will be in the appropriate federal court within the State
of Minnesota.
15. SUCCESSORS AND ASSIGNS
The Parties, respectively, bind themselves, their partners, successors, assigns,
and legal representatives to the other Parties to this Agreement and to the
partners, successors, assigns, and legal representatives of such other Party with
respect to all covenants of this Agreement to the extent allowed by controlling
law. No Party shall assign, sublet, or transfer any interest in this Agreement.
16. EQUAL EMPLOYMENT AND AMERICANS WITH DISABILITIES
In connection with the work under this Agreement, the Parties agree to comply
with the applicable provisions of state and federal equal employment opportunity
and nondiscrimination statutes and regulations.
17. CHANGES
The Parties agree that no change or modification to this Agreement, or any
attachments hereto, shall have any force or effect unless the change is reduced
to writing, dated, and made part of this Agreement by the Parties. The execution
of the change shall be authorized and signed in the same manner as this
Agreement.
9
JOINT POWERS AGREEMENT - MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
18. SEVERABILITY
In the event any provision of this Agreement shall be held invalid and
unenforceable by a court of competent jurisdiction, 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 any
Party of any provision, term, condition or covenant shall not be construed by any
other Party as a waiver of a subsequent breach of the same by the other Party.
19. ENTIRE AGREEMENT
It is understood and agreed that the entire agreement of the Parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations
between the Parties relating to the subject matter hereof as well as any previous
agreements presently in effect between them relating to the subject matter
hereof.
20. EFFECTIVE DATE
This Agreement shall be in full force and effect when all Parties have signed this
Agreement. This Agreement may be signed in counterparts, each as effective as
the original. The signed Agreement, along with a certified copy of the resolution
authorizing the Agreement, shall be filed with the County, who shall notify the
Parties in writing of the effective date.
10
JOINT POWERS AGREEMENT - MARSCHALL ROAD TRANSIT
STATION PARK AND RIDE
IN WITNESS WHEREOF, the Parties hereto have set their hands on the dates
written below.
APPROVE AS TO FORM: COUNTY OF SCOTT
By:
County Attorney /Date Title:
Date:
Attest:
Title:
Date:
CITY OF SHAKOPEE
By:
City Attorney /Date Its Mayor
Date:
By:
City Administrator
Date:
By:
Title:
Date:
CITY OF PRIOR LAKE
By:
City Attorney /Date Its Mayor
Date:
By:
City Manager
Date:
By:
Title:
Date:
11