HomeMy WebLinkAbout4.E.1. Approve Cooperative Agreement with Scott County and Reimbursement Agreement with SPUC for CR 69 Improvements � �.1_
CITY OF SHAKOPEE
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Memorandum P ;
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TO: Mayor & City Council �
Mark McNeill, City Administrator I
FROM: Bruce Loney, Public Works Director
SUBJECT: Authorize the Execution of Cooperative Agreement with
Scott County and Reimbursement Agreement with Shakopee
Public Utilities for C.R. 69 Improvements
DATE: January 17, 2012
INTRODUCTION:
Attached to this memorandum is a Cooperative Agreement between Scott County and the
City of Shakopee for the County Project No. C.P. 69-02 (C.R. 69), from .5 miles north of
T.H. 169 to Atwood Street. Also attached is a Reimbursement Agreement with Shakopee �i
Public Utilities Commission (SPUC) for the utility replacement work of sanitary sewer
and watermain as part of County Project No. C.P. 69-02.
BACKGROUND:
Plans have been prepared by Scott County for the C.R. 69 corridor, from .5 miles north of
T.H. 169 to Atwood Street and these plans were prepared after the layout approval on
September 6, 2011.
From the September 6, 2011 layout approval, the plans have been revised to reflect
access changes discussed at the September 6, 2011 Council meeting. Plans also included
, the realignment of Clay Street to provide additional parking for the Trading Post. ;
During the right-of-way acquisition process, the County is proposing to purchase two
residential parcels by C1ay Street, as requested by the home owners. Other right-of-way
acquisition is currently underway to accommodate the 5-foot shift design to the north.
Other highlights include a new storm sewer system serving the County Highway and at
' 100% State Turnback Funding. Street lights include a similar design from Fuller Street
to Clay Street and pedestrian lights under the railroad bridges. Other City costs are for
the sanitary sewer replacement and extension and the colored concrete boulevard.
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Attached with this memo is the Cooperative Agreement for the project and a summary of
costs for the City and SPUC. In the 2012-2016 CIP, the C.R. 69 project has the proposed
costs to the City as follows:
CIP Estimates Countv Estimates
Assessments $125,000.00 $108,371.00
Sanitary Sewer Fund $ 75,000.00 $108,371.00
Storm Drainage Fund $300,000.00 $ 0.00
Tax Levy/CIF $100,000.00 $ 14,154.00
$600,000.00 $230,896.00
The County's Cooperative Agreement has the City responsible for the watermain utility
cost, similar to CR 101 Project, thus the need for a reimbursement agreement with SPUC
and the City for the watermain work. SPUC's cost for watermain work is estimated at
$502,629.16.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute the Construction Cooperative
Agreement for County Road 69 Project No. C.P. 69 between the City of
� Shakopee� and Scott County. � � � �
2. Do not authorize the Construction Cooperative Agreement at this time.
3. Authorize the appropriate City officials to execute the Reimbursement Agreement
between the City of Shakopee and Shakopee Public Utilities Commission for the
utility work as part of County Project No. C.P. 69-02.
4. Do not authorize the Reimbursement Agreement at this time.
5. Table for additional information.
RECOMMENDATION:
Staff recommends approval of Alternative No. 1 and Alternative No. 3, in order for this
project to move forward for a bid letting and project start in April, 2012.
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ACTION REOUESTED:
1. Authorize the appropriate City officials to execute the Construction Cooperative
, Agreement for County Road 69 Project No. C.P. 69-02 between the City of
Shakopee and Scott County.
2. Authorize the appropriate City officials to execute the Reimbursement Agreement
between the City of Shakopee and Shakopee Public Utilities Commission for the '
utility wark as part of County Project No. C.P. 69-02.
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ruce Loney, P.
Public Works Director
ENGR/2011 PROJECTS/C.R.69-IIvIPRO VEMEN'IS/WORD/AUTHORIZE-AGREEMENTS-COUNTY-SPUC
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County Project No. CP 69-02
City of Shakopee
County of Scott
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this 3rd day of Januarv , 20 2 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". I
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RECITALS: '
A. The Counry and the City seek to improve County Highway (CH) 69 from 115�' St in Jackson
Township to 100' East of Attwood Street in the City of Shakopee as shown on the County Engineer's j
plans for County Project No. CP 69-02 which improvement contemplates and includes, reconstruction
and pavement rehabilitation, storm sewer, sidewalk, trails, sanitary sewer, watermain and street i
lighting (hereinafter referred to as the Project). I '
B. The above described Project lies primarily within the corporate limits of the City.
C. The County Engineer has prepared an engineer's estimate for the above described Project and an �
estimate of the total cost for contract work in the sum of nine million five hundred thousand Dollars I
($9,500,000). � � � �
A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereo£
D. The City has expressed its willingness to participate in the project in accordance with the County cost I
sharin olic , includin roadwa and intersection im rovements curb & er co �
�� Y � Y P , gutt sts, walks, safcty
bollards, lighting, storm sewer and City utilities.
E. It is contemplated that all of the above improvement work shall be carried out by the parties under the
provisions of Minn .Stat. Sec. 162.17, subd. 1. �
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NOW THEREFORE IT IS HEREBY A RE
, , G ED:
l. The County shall prepare the necessary plans, specifications, and proposals; shall perform the required
engineering and inspection; and shall reconstruct or rehabilitate all of CH 69 from 115 St in Jackson �
� Township to 100' east of Attwood St in the City of Shakopee. Such reconstruction, as described I
immediately above, shall be identified and accomplished under county project No. CP 69-02, hereinafter
referred to as the "project", all zn accardance with said project plans and specifications which plans and
specifications are by this reference made a part hereo£ I
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County Project No. CP 69-02
City of Shakopee
County of Scott
2. The term "Specifications" as used herein shall mean the 2005 Edition of the Minnesota Department of
« . . ..
Transportation Standard Specifications for Construction" and the pro�ect special provisions. The
County or its agents shall advertise for bids for the work and construction of the aforesaid Project No.
i CP 69-02, 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 includes the plans and specifications prepaxed by the County or its
agents, which said plans and specifications are by reference made a part thereof.
3. It is understood that the estimated construction cost stated hereinafter is for informational purposes only.
The estimated construction cost of this project is $9,500,000.
4, The County shall have overall authority to administer the contract and inspect the construction of the
contract work for the Project. The County shall have ultimate authority in initiating and determining
change orders, supplemental agreements and final quantities. The City Engineer shall cooperate with the
County Engineer and his staff at their request to the extent necessary, but shall have no other
responsibility for the supervision of the work, except in regards to inspection of the City owned utilities
i and storm sewer and roadway construction on City owned streets. '
� 5. The City shall reimburse the County for its share in the construction cost of the contract work for said
I Project and the total final contract construction cost shall be apportioned as set forth in the Division of
Cost Sun�inary in said Exhibit "B". The City shall pay the County, 10% of its non-Trunk Highway
Turnback THTB eli ible construction costs for desi n e' ''
( ) s rvices. The Ci s share of the desi costs
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associated with THTB eligible items will be reimbursed to the County, for expenses incurred, from the
THTB fund. In addition, the City shall pay eight percent (8%) of the City's non THTB eligible
construction costs for construction engineering, including city water, sanitary sewer construction costs,
additional lighting and storm sewer construction costs associated with work on City streets. In addition, 'I
the City shall pay three percent (3%) of the City's non THTB eligible construction costs far i
administration costs, including city water, sanitary sewer construction costs, additional lighting and
storm sewer construction costs associated with work on City streets. The City's share of the construction
engineering costs associated with THTB eligible items will be reimbursed to the County, from the THTB
fund.
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County Project No. CP 69-02
City of Shakopee
' County of Scott
It is fiuther agreed that the Sluninary Estimate of costs referred to in this Agreement are
estimates of the construction costs 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 costs for apportioning the cost of the
project according to the provisions of this paragraph.
6. The City shall, based on the contract price, deposit with the Scott County Treasurer one hundred percent
(100%) of the estimated City's share of the non participating construction and engineering costs as
partial payment within sixty (60) days after award of contract.
The final amount of the City's share of construction and engineering costs of the Project shall be
determined based on actual quantities measured in the field. Any additional amount due shall be paid to
the County upon submittal to the City of the County's final, itemized, statement of the Project costs.
In the event the initial payment exceeds the City's share of these final costs, such overpayment
sha11 be returned to the City by the County.
7. In the event that a dispute arises, the County and the City agree that all disputes between them arising
out of or relating to this agreement sha11 be submitted, upon agreement of both parties, to mediation,
with the cost being shared equally.
8. Since each party recognizes each other as a political subdivision of the State of Minnesota, each pariy
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. '
9. All records kept by the City and the County with respect to the Project shall be subject to examination by
the representatives of each party. All data collected, created, received, maintained or disseminated for
� any purpose by the activities of the County or City pursuant to this Agreement shall be governed by
Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in
force or hereafter adopted.
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County Project No. CP 69-02
City of Shakopee
County of Scott
10. Upon completion of the project, the snow storage area along this segment of 69 will be reduced from its
existing condition. If either the County and/or City determine that snow on the boulevards needs to be
removed, the responsibility and compensation for removal of piled snow shall be determined as follows:
l. If both the County and the City provide equipment and crews and are working on the
removals together, there will be no cost reimbursement between either agency.
2. If the County is unable to participate in the removals, the City, after concurrence from the
County, will perform the snow removal work and the County will reimburse the City for the
City's actual costs incurred while performing the work.
3. If the City nor the County is available to remove the snow piles, but mutually agree the snow
removal work needs to be performed, then it is agreed that a contractor is to be hired by the
County and the costs incurred will be the County's responsibility.
11. Scott Counry will convey the portion of Parcel 19, not used as County Highway 69 Right of Way, to the
City of Shakopee at no charge for use as right of way for the relocation of Clay Street. Farcel Limits and
legal description for the portion conveyed to the City are attached in Exhibit C.
12. 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
erformance or non erf rm
p p o ance of the described maintenance, restoration, repair or replacement work
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' 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 arisin out of ne li ent
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� performance by the City, rts officers, agents or employees.
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13. It is further agreed that neither the City, its officers, agents or employees, either in their individual or
official ca aci shal
p ty, 1 be responsible or liable in any manner to the County for any claim, demand,
action or cause of action of an kind or
characte
I y r arismg out of, allegedly arismg 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, a ents and em lo ees harmless from all claims demands actions or
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of action arising out of negligent performance by the County, its officers, agents or employees.
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County Project No. CP 6S-u2
City of Shal:o���ee
County of Scott
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14. It s further a reed that each to this a reement shall not be res onsible
g or liable to the other or to
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any other person or entity for any claims, damages, actions, or causes of actions of any kind or character
arisin out of, alle edl arisin out of or b reason of the erformance ne li ent erformance or
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nonperformance of any work or part hereof by the other as provided herein; and each party further agrees
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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.
15. 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 Coun , and that an and all claims that
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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 en a ed and an and all claims made
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by any third parties as a consequence of any act or omission on the part of said Ci em lo ees while so
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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 I
of the State of Minnesota on behalf of said Coun em lo I
ty p yees while so engaged and any and all claims
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made by any third parties as a consequence of any act or omission on the part of said County employees !
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while so engaged shall be the sole responsibility of the County and shall not be the obligation or I
responsibility of the City. I
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16. The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights �,
and discrimination and the affirmative action olic statement of Scott Coun shall be considere I �
P Y �' dapart
of this Agreement as though fully set forth herein. See Exhibit "A". �
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County Project No. CP 69-02
City of Shakopee
County of Scott
, 17. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5, the books, records, documents, and accounting procedures
and practices of the County and City pursuant to this agreement shall be subject to examination by the
County, City and the State Auditor. Complete and accurate records of the work performed pursuant to
this agreement shall be kept by the County and City for a minimum of six (6) years following
termination of this agreement for such auditing purposes. The retention period shall be automatically
I, 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.
18. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity
and construction of this agreement and the legal relations between the parties and performance under it.
The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the
Coun of Scott State of Minneso . L' ' i
, ta rti at on however in the federai courts involv'n '
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shall be in the appropriate federal court within the State of Minnesota.
19. 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-enforceabili would
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cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term,
condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the
same by the other party. I
20. The County's Authorized Agent for the purpose of the administration of this agreement is Maria A.
Heller, Supervisor Admin Services, or her successor. Her current address and phone number are Scott �I
County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8369. I
The City's Authorized Agent for the purpose of the administration of this agreement is Bruce Loney, '
City Public Works Director, or his successor. His current address and phone number is 129 S Holmes I
Street, Shakopee, MN 55379, (952) 233-9300. Any change in name, address, or telephone shall be �'
noticed to the other party. !
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� IlV 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)
B And
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Brad Tabke, Mayor Mark McNeill, City Administrator
Date Date
B
Judy Cox, City Clerk
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 $
Pat Ciliberto, County Attorney Mitchell J. Rasmussen, County Engineer
Date Date
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APPROVED AS TO EXECUTION:
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By �
' Pat Ciliberto, County Attorney
Date
http:Uteamscoop/div/CommunitySvcs/contracts/PDProjectContracts/Construction_Coop_Shakopee_CP 69-02.doc
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E�F�IB6� A
POLICY STATEIVIENT
It is the poficy of Scott County Government to provide Equai �ppartunity to all employees and
applicants far employment in accordance with a[[ appficable Equal Employment Opportunity
faws, directives, and regulations of Federal, State, and local governing bodies or agencies
thereof, including Minnesota Statu#es, Chapter 363.
Scatt County will nat engage in any employment prac�ices which discriminate against or
harass any empEoyee 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:
hinng, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff,
disciplirary actian, termination, rates af pay ar other forrns of compensation, and selection for
training, including apprenticeship.
Further, Scott County fully supports incorporation of nondiscrimination rules and regulations
into contracts and will cammit the necessary time and resources to achieve the goals of Equal
Emplayment Opportunity.
Any employee of the County who does not campiy with the Equal EmpEoyment Opportunity
Poiicies 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 faws, directives, and regulations of Federal, State, ancf local governing bodies or
agencies thereof, including t�/linnesota Statutes, Chapter 363, will be subj�ct to apprapriate
contractual sanctions.
Scott County has designated the Employee Relations Director as the manager of the Equal
Opportunity Program. These responsibilities will inc(ude monitoring all Equal Ernployment
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 reparts on
the pragress of the program. If any employee or applicant for employment believes he or she
has been discrirninated 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, ar call (952) 496-81Q3.
� - - � ���G.�-'�--� ` , :v� , C, �
ary . Shelton Date Thomas J. Wolf Date
Scott County Administrator Chair, Board of Commissioners
S�JN�f�i,4R'Y �F �4ST PA,RT[CIPp►TlDfd (EXHIBIT B) - GP 6�-�2
scarr cou�n�, n�r�
TURNSACK CiTY 1
ITEM T�TAL EL��IBLE C���� CITY 1 SRllC SPUC
Iht[IIRECT
R4pDtM1tAY �4,24fl,��1 $4,U6d,417 $175,75� $� SQ.tiO
SIDEV�J/�LK
Vti+ALK $168,30& 5185,516 $2,790 $D
BOUL�VARI� 5�7,949 $39,163 $7,0�8 $11,�i98 52,4�6.61
STQ€�M SE'V�+ER �1,329,384 $1,329,384 $U �0 I I
SANf(ARY SEINER $174,528 $0 $2,100 �172,428 $36,2{19_8 II I
Vt+ATER MAIPI $388,584 �0 $�,40� �38fi�184 $81,[198. '
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LI�KTING �37�,265 5375,265 �0 $0 �
UNDERGRC3UND ELECTRIC $291,�3� �0 �0 �291,534 �32,(J68. �
BRID�ES �1,17"1,�2 $1,1T1,542 �i] $D '
PROR,4Tf� ITEMS ��1�,O�D �448;31a �1i1,25{t $56,�3� $11,85t}3
T4TAL EO�1STRliCTi4N COSTS $8,71fl,263 $7,591,597 $204,392 �i918.274 $163,68d�
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REIIVIBURSEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2012
by and between the City of Shakopee, a municipal corporation under the laws of the State of
�� Minnesota, ("City") and the Shakopee Public Utilities Commission ("SPUC").
RECITALS
i A. Scott Count "Count " is re axin lans an
y( ) d intends to im rove Coun State Aid �
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Highway (CSAH) 69 from .5 miles north of T.H. 169 to Atwood Street. In conjunction I
with the County's project, the City and SPUC desire to replace and extend the sanitary ��
sewer and watermain in the project area as part of County Project No. SP-70-669-002,
C.P.69-02 ("Project") ',
B. SPUC acknowledges that it is desirable to replace the watermain in the Project area and
that replacing it as a part of the project is the most cost effective method of doin so. ;
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� Als�, it is desirable ta extend watermain - within the project �rea to facilitate fi.rture '
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development and looping. I
� C. The City and SPUC desire to enter into this agreement to set forth the terms under which
SPUC will reimburse the City for the watermain portion of the Project.
NOW, THEREFORE, THE CITY AND SPUC AGREE AS FOLLOWS:
1. The City will enter into a cooperative agreement with the County with respect to the
Proj ect. �'
2. SPUC will reimburse the City for 100% of the costs associated with the watermain I
portion of the Proiect, includin� all direct construction costs and all indirect costs such as ,
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engineerin� and administrative expenses. SPUC shall have no financial responsibility with respect ,
to any other portion of the Project unless otherwise agreed upon. The current estimated cost �
associated with the watermain portion of the Project is $�02,629.16 including $87,233.16 indirect '�
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costs. '
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� 3. SPUC shall a 100% of th e ti at P
p y e s m ed costs for the watermain withm 60 days aft.,r
the award of the contract. The balance shall be paid within 30 days after substantial completion of
the watermain portion of the Project.
i City of Shakopee Shakopee Public Utilities Commission
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Its Mayor Its President
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Its City Administrator Its Utilities Manager
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� Its City Clerk
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I ENGW2011-PROJECTS/CSAH69-Il�IPROVEMEIV'TS/WORD/ftEII�4BUFLSE-AGREEMENT
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