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Home My WebLink About4.A.1. Approval of Standard Road Maintenance Agreement for Mowing of Scott County Highway Rights-of-Way in the City of Shakopee `�. �. 1. CITY OF SHAKOPEE �� Meinorandum '�- � ,.�� r, � .,�`�� TO: Mayor & City Council Mark McNeill, City Administrator FROM: Michael Hullander, Public Works Superintendent SUBJECT: Approval of Standard Road Maintenance Agreement far Mowing of Scott County Highway Rights-of-Way in the City of Shakopee DATE: April 17, 2012 INTRODUCTION: Attached is a Scott County Standard Road Maintenance Agreement between the City of Shakopee and Scott County for the mowing of all Scott County highway rights-of-way in the City of Shakopee, except for part of CSAH 15 (Adams Street) from Vierling Drive to 6 Avenue, C.R. 77 (Fuller Street) from CSAH 78 to the south City limits which are covered in a separate agreement. BACKGROUND: Both Scott County and the City of Shakopee Public Works Department have conducted meetings to discuss the efficiencies of the City doing the mowing of Scott County highway rights-of-way for the upcoming 2012 mowing season. Attached is a Standard Road Maintenance Agreement that does address the mowing of Scott County highway rights-of-way in the City of Shakopee, with the work to be performed by the City of Shakopee's Public Works Department and Scott County reimbursing the City for these maintenance services. The scope of services in the agreement lists the miles of highway right-of-way per section of roadway in Shakopee. Secondly, the mowing and vegetation control to be performed and the frequency is listed so as to give the City of Shakopee and Scott County maintenance an idea of the amount of work to be done each year. Much of the mileage reflected in this agreement does not require the city to mow the right-of-way. Property owners are required under city code Sec. 7.05 Subd. 2 to mow up to every street their property abut, unless it is zoned Agricultural. Examples of this would be 17 Ave., Spencer St., Marshall Rd., etc. The compensation and terms of payment are covered under Section 2 and the rates were determined between the two staffs and are listed as Exhibit B in the agreement. The terms of the payment does include the City submitting an invoice to the County on a 3- month basis, and the County reimbursing the City after 30 days of receipt of an invoice. The City of Shakopee Public Works Department has recently purchased a replacement large mower for mowing drainage ditches, such as the Upper Valley Drainageway in Shakopee. Staff believes after meeting with the County staff, there are additional hours that can be done utilizing this equipment to meet the County's mowing requirements. In fact, staff believes there are efficiencies for both the City and the County in which the travel times to mow various areas in the City of Shakopee is along County highways and mowing of these highways can be done when traveling to other sites that the City mows. Also, by not having to purchase a second mower, Scott County is benefiting from not having to carry another piece of equipment to these areas in the City of Shakopee as well as additional travel time. Staff has reviewed this with the County staff and believes this is a good agreement. This agreement would expire in April, 2014 so if this agreement is not working satisfactorily, both sides would not have to renew another agreement for the 2014 mowing season. This agreement was first entered into in 2008 and to date the arrangement has been working well. ALTERNATIVES: 1. Approve a motion authorizing the appropriate City officials to execute the Scott County Standard Road Maintenance Agreement for mowing of Scott County Highway Rights-of-Way within the City of Shakopee, except for those highways which are covered in a separate agreement. 2. Do no authorize the appropriate City officials to execute this agreement. 3. Table far additional information. RECOMMENDATION: Staff would recommend Alternative No. 1 for the reasons previously stated in the memo. Staff does believe this is a more effective way of performing mowing maintenance activities for the both the City and the County. ACTION REQUESTED: Approve a motion authorizing the appropriate City officials to execute the Scott County Standard Road Maintenance A� for mowing of Scott County Highway Rights-of- Way within the City of Shakopee, except for those highways which are covered in a separate agreement. ,, � , n'� / � . ,. ��w c'�z--._ Michael Hullander Public Work Superintendent BL: pmp E�1GR2008-PROJECTS �2008-COUIYCIL-COUNTY-MAINT-AGREEMENT COUNTY OF SCOTT STANDARD HIGHWAY RIGHT-OF-WAY MOWING AGREEMENT THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter referred to as "County," and the City of Shakopee, Minnesota, hereinafter referred to as the "Cit " Y� RECITALS: The parties desire to enter into an agreement relating to the mowing of all Scott County Highway Rights of Way within the City of Shakopee except that part of County State Aid Highway (CSAH) 15 (Adams Street) from Vierling Drive to 6 Ave, CR 77 (Fuller St) from CSAH 78 to the south City limits which are covered in a separate agreement. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this agreement, the County and the City hereby agree as follows: 1. Scope of Services A. The City will mow and control grass and other vegetation within the right of way of the County roads within the corporate limits of the City described as follows, to- wit: Areas are depicted on the attached Exhibit C. CSAH 15 (Adams Street or Marystown Road) 0.7 Miles CSAH 16 (17 Ave and Eagle Creek Blvd) 7.0 Miles CSAH 17 Marschall Rd S 6.0 Miles CSAH 18 2.0 Miles CSAH 21 2.6 Miles CSAH 42 1.0 Miles CSAH 69 (TH 169 to 0.5 miles north) 0.5 Miles CSAH 69 (Atwood Street to CSAH 101) 0.25 Miles CSAN 79 2.8 Miles CSAH 83 3.2 Miles CSAH 101 6.25 Miles i B. The Mowing and Vegetation Control to be performed by the City on the subject County roads shall consist of the following: Mow top seven feet (7') minimum of inslope twice per year (June and again in September) and the entire right of way once every other year on rural sections. Noxious weeds shall be mowed as needed. If the City determines it is necessary to have an area sprayed with herbicide they shall notify the Authorized Agent for Scott County to determine the course of action. Boulevards, six feet (6') behind sidewalks and grass medians shall be mowed as growth patterns dictate in urban sections. On CSAH 101 and CSAH 69 the grass medians shall be mowed Every (6) weeks A seven foot (7') minimum top cut along the right of way as in other rural sections shall also be mowed. If the City wishes to mow more frequently or wider swaths, they may do so at their own expense. The County reserves the right to use a Plant Growth Regulator (PGR) as it sees fit, to attempt to reduce mowing cost or in conjunction with noxious weed control in the designated mowing areas. The County will notify City staff when such action will take place and mowing frequently may be altered. The City shall furnish all labor, materials, supplies, tools and other items necessary for the performance of all and any of the work provided for in this agreement. Mowing of County Highway Rights of Way may require signage and/or the closure of a shoulder. Any and all signage placed on County roads shall be carried out in conformance with the most recent Minnesota Manual on Uniform Traffic Control Devices, and the current edition of Appendix "B", Field Manual. 2. Compensation and Terms of Pavment A. Compensation The County shall reimburse the City for the actual costs of labor, equipment and materials used for maintenance activities required in carrying out this agreement and attached Exhibit B shall be used for the equipment rates. The total annual compensation under this agreement shall not exceed $22,000 unless otherwise approved by the authorized agent of the County. 2 B. Terms of Payment The City shall submit an itemized invoice to the authorized agent of the County for payment of work completed. The authorized agent shall have the authority to review the invoice, and no payment shall be made without the approval of the authorized agent. Payments shall be made within thirty (30) days of receipt of invoice for services performed. No payment shall be made unless acceptance of such services is authorized by the agent of the County. The City shall submit invoices to the County on or about August 15 for work done between May and July and on or about November 15 for work done between August and October of each year. No payment will be made for invoices submitted after the due dates stated. 3. Condition of Pavment All services provided by the City pursuant to this agreement shall be performed to the satisfaction of the County, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. Payment shall be withheld for work found by the County to be unsatisfactory, or performed in violation of federal, state and local laws, ordinances, rules or regulations. 4. Effective Date of Contract This agreement shall be effective upon Scott County Board of Commissioner's approval. 5. Term of Contract This agreement shall remain in effect until April 2, 2014 or until all obligations set forth in this agreement have been satisfactorily fulfilled or unless earlier terminated as provided, whichever occurs first. 6. Authorized Aqents Scott County shall appoint an authorized agent for the purpose of administration of this agreement. The City is notified of the authorized agent of Scott County as follows: Joe Wiita tnfrastructure — Operations Manager Scott County 600 Country Trail East Jordan, MN 55352 952-496-8063 3 The County is notified the authorized agent for the City is as follows: Bruce Loney Public Works Director City of Shakopee 400 Gorman St. Shakopee, MN 55379 952-233-9361 7. Countv and State Audit Pursuant to Minn. Stat. Section 16C.05, Subd. 5(2007), the books, records, documents, and accounting procedures and practices of the City 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 City for a minimum of six (6) years following termination of this agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County 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 City in writing that the records need no longer be kept. 8. Indemnity The City agrees to defend, indemnify, and hold the County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney's fees and expenses resulting directly or indirectly from any negligent act or omission on the part of the City, or its subcontractors, partners or independent contractors or any of their agents or employees, in the performance of or with relation to any of the work or services to be performed or furnished by the vendor or the subcontractors, partners or independent contractors or any of their agents or employees under the agreement. The City shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by the City under this agreement. The City shall, without additional compensation, correct or revise any errors or deficiencies in the City's final reports and services. 4 9. Insurance The City shall maintain public liability coverage protecting itself, its Board, officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims in amounts which shall, at a minimum, comply with Minn. Stat. 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 10. Subcontracts The City shall not subcontract any portion of the work to be performed under this agreement nor assign this agreement without the prior written approval of the authorized agent of the County. The City shall ensure and require that any subcontractor agrees to and complies with all of the terms of this agreement. Any subcontractor of the City used to perform any portion of this agreement shall report to and bill the City directly. The City shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 11. Force Majeure County and the City agree that the City 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 City and the County. 12. Data Practices The City, its agents, employees and any subcontractors of the City 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. The City agrees to indemnify and hold the County, its officers, department heads and employees harmless from any claims resulting from the City's unlawful disclosure, failure to disclose or use of data protected under state and federal laws. 13. Termination This agreement may be terminated by either party, with or without cause upon sixty (60) days written notice to the Authorized Agent of the other party. s 14. Independent Contractor It is agreed that nothing contained in this agreement is intended or should be construed as creating the relationship of a partnership, a joint venture, or an association with the County and the City. Neither the City, its employees, agents, subcontractors nor representatives shall be considered employees, agents or representatives of the County. Except as otherwise provided herein, the City shall maintain, in all respects, its present control over the means and personnel by which this agreement is performed. From any amounts due the City, there shall be no deduction for federal income tax or FICA payments nor for any state income tax, nor for any other purposes which are associated with an employer/employee relationship unless otherwise required by law. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibilify of the City. 15. 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 authorized agent of the City at its address stated herein, and to the authorized agent of the County at the address stated herein. 16. Controllinq 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 herein parties 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 herein parties will be in the appropriate federal court within the State of Minnesota. If any provision of this agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 17. Successors and Assiqns The County and the City, 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. Neither the County nor the City shall assign, sublet, or transfer any interest in this agreement without the prior written consent of the other. 6 18. Equal Employment and Americans with Disabilities In connection with the work under this agreement, the City agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this agreement, the City certifies that it has been made fully aware of Scott County's Equal Employment Opportunity and Americans With Disabilities Act Policy, attached hereto and incorporated herein as Exhibit A through both oral and written communications, that it supports this policy and that it will conduct its own employment practices in accordance therewith. Failure on the part of the City to conduct its own employment practices in accordance with County Policy may result in the withholding of all or part of regular payments by the County due under this agreement unless or until the City complies with the County policy, and/or suspension or termination of this agreement. 19. Chanqes 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 for this agreement. 20. Severabilitv In the event any provision of this agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 21. Entire Aqreement 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 the County and the City relating to the subject matter hereof. � IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. CITY OF SHAKOPEE (SEAL) By By Brad Tabke, Mayor Mark McNeill, City Administrator 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 Pat Ciliberto, County Attorney Mitchell J. Rasmussen, County Engineer Date Date mh-http://teamscoop/div/communitysvcs/sap/agreements/agrmUannual/mowing/2012/shakopee_right of way mowing_2012.docx 8 EXHIBIT A POLICY STATENIENT It is the policy of Scott Cot�nty Go+�emment to provid� Equal C7pportunity to ail employe�s and applicants for etnploymenf in accordance with all applicable Eqt�al Em�loyr-ient Opportunity lav�rs, directives, and regulations t�fi Federaf, State, and iocal gaverning bodies or ayencies thereof, including Minnesota Statute�, Chapter 363. Scott County will no� engage Er� any employment practices which ciiscriminate against cr harass any employee or applicant for employment because of race, color, creed, r�fic�ion, nafional orie�in, sex, disability, age, rnartial status, sexual orientation, or status with regarci to public assistance. Such employmert practices include, buf are not limited io, the follov�iing: hiring, upgrading, demokion, transfer, recruitment or r�cruitment ac�vertising, selection, layoff, disciplinary actian, termination, ra�es of pay or other forms of compensatior, and sefection for training, including ap�renticeship. �urther, Scott County fulfy supports ncor�oration of nondiscrimination rules and regulatioi�s inta contracts and will comrnit the nec�ssary time and resources to achieve the goals of Equaf Ernployment Qpportunit�. Any employee of t�a� Cc��fnty who does nat comply with the �qual Employment Opportunity Policies and Pracedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor af the County not complying vrith all applicable Equal �mployment Opportunity laws, directives, and regulations of Federal, St�te, and local governing bodies ar a�encies thereof, including Minneso:a Statutes, Chapter 363, �vilf be subject to appropriate cc�ntractual sanctians. Scatt County }t�s designated the �rrployee Relations Director as the manager of the Equal tapportunity Program. These responsibilities will in�lude monitoring afl Equal Employment flpportunity activities and reporti�g the effectiveness ofi this program, as required by Federal, State, and (ocal agencies. The Scott County Adrninistrator will receive and review reperts on the progress of the program. If any employee or applicant for employment �elieves he or she has been discriminated against, please contact the Scotf County Employee Relafions Direcior, Scatt County �mployee Relations, Govemment Center Raom 201, 200 Fo��rth Avenue West, Shakopee, Minnesota 55379-1220, or call (952) 496-8103. � 1 / �� ' r ....� - � .a'" �� 1�+dT 'w � ( � ��t/7i� '. „�%' �_�:'�= .._-._ ,� �. f L "}� ) �'� �1 f � � Gary L�Shelton l ate Thomas J. Wolf Qate Scatt County Administrator Chair, Board of Commissioners 9 EXHIBIT B Maintenance Agreement—Mowing County Rights of Way EQUIPMENT RATES for Maintenance Agreement City of Shakopee and Scott County RATE WITH DESCRIPTION OPERATOR PER HOUR 85 HP Mower Tractor with Side and Rear $72.00 60"- 84" Turf Mower $55.00 These Rates will be effective through April 2014 and may be updated by request provided they are approved by both authorized agents. 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