Loading...
HomeMy WebLinkAbout3. Discussion of Final Plans for CR 101/1st Avenue Reconstruction Project and Draft Cooperative AgreementCITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Discussion of Final Plans for C.R. 101 and Draft Cooperative Agreement DATE: March 8, 2011 INTRODUCTION: Attached to this memo is a Draft Cooperative Agreement between the City of Shakopee and Scott County for the C.R. 101 plans and also a Draft Reimbursement Agreement between the City of Shakopee and Shakopee Public Utilities Commission (SPUC) for the C.R. 101 utility improvements for Council consideration and comments. BACKGROUND: The City of Shakopee and Scott County have been working on the C.R. 101 improvements, from Fillmore Street to 1050 feet east of Marschall Road, for over 1 1 /2 years. At this time the final plans have been prepared, comments have been addressed by City staff and SPUC staff and those plans will be presented at the March 8, 2011 Council workshop. Also to be discussed at the workshop are the following items: 1. Draft Cooperative Agreement between the City of Shakopee and Scott County (County Project CP101 -07) and also outlines the responsibility for cost participation with the project and maintenance agreement. 2. Draft Reimbursement Agreement between the City of Shakopee and SPUC in order to pay the County for the cost of the utilities associated with the C.R. 101 Project. 3. Discuss the phasing plan for traffic control during the construction of the project and also to discuss the construction hours contemplated for this project in order to meet the project deadlines. The fmal plans will be presented by Scott County with their consultant, Bolton & Menk, Inc. to describe the fmal improvements that have been made, mainly concerned with driveways and parking alternations, as well as the overall plan for the improvements which includes utility replacement, major storm sewer improvements, curb & gutter, 3 pavement, concrete boulevards and sidewalks, street lighting system and a new traffic control system. Also, as part of the improvements, the City has worked out an agreement with SPUC to underground the utilities in the corridor so as there will no overhead power lines on the corridor when the project is finished. On the Draft Construction Cooperative Agreement with Scott County the major items of discussion for the City Council are as follows: 1. Exhibit `B" which outlines the cost apportionment for the City of Shakopee with this project. 2. City paying 100% of the estimated City' share for the non participating construction and engineering costs within 30 days of award of contract. 3. Paragraph 11, which outlines the maintenance responsibilities for removal of snow in the boulevards on C.R. 101. On Exhibit `B ", the participating costs of improvements to the City are as follows: Amount Fund Budgeted Amount $423,241.00 Tax Levy (Bond) $325,000 $510,385.00 Storm Drainage $125,000 $307,831.00 Sanitary Sewer $260,000 In regard to the storm and sewer amounts, the utility funds do have sufficient funds to cover the additional costs. For the improvements that are to be bonded, the City can increase the amount to be bonded or reduce the expenditures. The expenditures that can be reduced could be eliminating the lights west of Fillmore Street to Spencer Street and/or not do LED lights for the project. The LED Lighting System is being the base bid with HPS being an alternate. A cost difference will be known and the City can decide on what system to go with at a future meeting after the bids are received. The cost of the five lights west of Fillmore Street is estimated to be at $72,000.00 or $14,400.00 per pole. Council may want to reconsider the lighting system in this area. Staff will present options at the workshop. On the Draft Reimbursement Agreement between SPUC and the City of Shakopee, this is similar to an agreement that was used on C.R. 101 east of Marschall Road to the Mill Pond Bridge. This agreement would be very similar to the reimbursement provisions in the County Cooperative Agreement with the City. The reason for this agreement is that the County does not want to have two agreements, one with the City and one with SPUC. They would rather have one agreement with the City and the City having a Reimbursement Agreement with SPUC. Finally, the City Council should be aware of the construction schedule being proposed for this project, which would require a waiver of noise restrictions for hours during the construction days for this project. Tentatively, the contractor may need to work from 6:00 A.M. to 11:00 P.M., Monday through Saturday, in order to expedite this project and meet the project schedule. A waiver of noise restrictions will be brought back to the City Council, once the contractor is known and the award of the contract is done. Also, the Draft Cooperative Agreement and Draft Reimbursement Agreement would be brought back to the March 15, 2011 Council meeting for final approval, and this will depend on Council's comments at the workshop. One last item staff would like to discuss with the City Council is the street lighting for the project and possible alternatives for the street light pole. Staff has investigated different poles lately and have found an aluminum pole that can be painted through an anodized process. Staff has investigated other possible poles and may have information to be presented at the March 8, 2011 workshop. The intent of the workshop is to go over the final plans, Construction Cooperative Agreement and provide any final directions or comments. It is then staff's intent to take these comments and finalize the agreement and plans for a final approval at the March 15, 2011 Council meeting. ACTION REQUESTED: Provide any final direction on the plans and Cooperative Agreement, prior to the March 15, 2011 City Council meeting. ENGR/2009- PROJECTS /C.R.101 RECONSTRUCTION/WORD/DRAET- PLANS - AGREEMENTS Public Works Director CONSTRUCTION COOPERATIVE AGREEMENT 1 County Project No. CP 101 -07 City of Shakopee County of Scott THIS AGREEMENT, made and entered into this day of , 20 by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". RECITALS: A. The County and the City seek to improve County Highway (CH) 101 from CH 17 to Spencer Street in the City of Shakopee as shown on the County Engineer's plans for County Project No. CP 101 -07 which improvement contemplates and includes mill, overlay, curb and gutter, storm sewer, sidewalks, street lighting and intersection modification at CH 17 (hereinafter referred to as the Project). B. The above described Project lies 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 Five Million Three Hundred Seventy Five Thousand Ninety Eight Dollars ($5,375,098.00). A copy of said estimate (marked Exhibit "B ") is attached hereto and made a part hereof. D. The City has expressed its willingness to participate in the project in accordance with the County cost sharing policy, including roadway and intersection improvements, curb & gutter costs, walks, safety bollards, lighting, storm sewer and City utilities. E. The County and City seek to address boulevard snow removal responsibilities associated with this segment of CH 101, as the proposed project will create the need to address this issue on a more frequent basis. E. It is contemplated that all of the above improvement work shall be carried out by the parties under the provisions of Mimi Stat. Sec. 162.17, subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection; and shall revise, or cause the infrastructure replacement and reconstruction of CH 101 from CH 17 to Spencer Street in the City of Shakopee. Such infrastructure replacement and reconstruction, as described immediately above, shall be identified and accomplished under county project No. CP 101 -07, hereinafter referred to as the "project ", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. 2 County Project No. CP 101 -07 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 project special provisions. The County or its agents shall advertise for bids for the work and construction of the aforesaid Project No. CP 101 -07, 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 prepared 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 $5,218,673. 5. 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 and storm sewer and roadway construction on City owned streets. 6. The City shall reimburse the County for its share in the construction cost of the contract work for said Project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "B ". The City shall pay the County, 10% of its non - Trunk Highway Turnback (THTB) eligible construction costs for design services, currently estimated at $105,067. The City's share of the design costs 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, excluding city water, sanitary sewer construction costs and storm sewer construction costs installed on City streets, for construction management of the project, currently estimated at $47,820. The City's share of the construction management costs associated with THTB eligible items will be reimbursed to the County, for expenses incurred, from the THTB fund. It is further agreed that the Summary 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. County Project No. CP 101 -07 City of Shakopee County of Scott 7. 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 thirty (30) days after award of contract. The final amount of the City's share of construction and engineering costs of the Project shall be determined and any amount due paid to the County upon completion of the Project and 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 shall be returned to the City by the County. 8. 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 shall be submitted, upon agreement of both parties, to mediation, with the cost being shared equally. 9. Since each party recognizes each other as a political subdivision of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 10. All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the activities of the 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. 11 Upon completion of the project, the snow storage area along this segment of 101 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: 1. 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. 4 County Project No. CP 101 -07 City of Shakopee County of Scott 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. 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 performance or nonperformance of the described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 13. It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. 14. 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. 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 County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made 5 County Project No. CP 101 -07 City of Shakopee County of Scott by any third parties as a consequence of any act or omission on the part of said City employees while so engaged shall be the sole responsibility of the City and shall not be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged shall be the sole responsibility of the County and shall not be the obligation or responsibility of the City. 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 policy statement of Scott County shall be considered a part of this Agreement as though fully set forth herein. See Exhibit "A ". 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 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 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. 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 - enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, County Project No. CP 101 -07 City of Shakopee County of Scott 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. 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 County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496 -8369. The City's Authorized Agent for the purpose of the administration of this agreement is Bruce Loney, City Public Works Director, or his successor. His current address and phone number is 129 S Holmes Street, Shakopee, MN 55379, (952) 233 -9300. Any change in name, address, or telephone shall be noticed to the other party. 6 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. (SEAL) CITY OF SHAKOPEE By And John J. Schmitt, Mayor Mark McNeill, City Administrator Date By Judy Cox, City Clerk ATTEST: APPROVED AS TO EXECUTION: By Pat Ciliberto, County Attorney Date COUNTY OF SCOTT Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. Date By By Gary L Shelton, County Administrator Thomas J. Wolf, Chair of Its County Board Date Date By By Pat Ciliberto, County Attorney Mitchell J. Rasmussen, County Engineer Date Date W:\zS000P ProjectCP101- 07\AgreementsRBARES \Construction Coop_Shakopee.doc EXHIBIT A 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. ary Shelton Scott County Administrator Date Thomas J. Wolf Chair, Board of Commissioners /// Date (tern Scott County CTB/County City of Shakopee CTB Participating Non-Participating Total Project T otal Roadway $ 1,066,475 $ 21,077 $ - $ 21,077 $ 1,087,552 Curb & Gutter $ 83,885 $ 83,885 5 - S 83,885 $ 167,770 Cost-to-Cure Sidewalk Walk $ 3,149 5 116,717 $ - $ 116,717 $ 119 Boulevard 5 - $ 69,144 $ 15,956 $ 85,100 $ 85,100 Storm Sewer 5 267,074 $ 193,277 $ 242,475 $ 435,752 $ 702,825 Market Street 5 42,348 5 42,348 $ 217,790 5 260,138 5 302,486 Sanitary Sewer & Water Main S - - $ 740,970 5 740,970 740,970 Lighting $ - 420,440 $ 111,000 5 541,440 5 541,440 West of Fillmore 5 72,920 $ 72,920 5 72,920 Traffic Signal $ 198,000 S - 5 66,000 $ 66,000 264,000 ROW Cost to Cure $ 188,409 5 - 5 - $ - $ 188,409 Bollards $ 78,000 5 15,600 $ 15,600 5 93,600 Subtotal $ 1,927,340 5 946,887 $ 1,492,711 $ 2,439,598 5 4,366,938 Prorate Items $ 93,051 88,151 5 63,793 $ 151,949 245,000 Subtotal - Construction 5 2,020,391 5 1,035,038 $ 1,556,509 5 2,591,547 5 4,611,938 Right-of-Way Costs 5 20,050 - - 20,050 Design Engineering $ - Survey 5 26,166 $ - $ 12,887 5 12,887 5 39,053 Design & ROW $ 365,684 5 10,245 5 - 5 10,245 S 375,929 Lighting Design 5 - $ 14,740 5 7,260 $ 22,000 5 22,000 Water and Sewer $ - $ - $ 34,800 $ 34,800 S 34,800 Storm Sewer (CH 101) $ 19,834 $ 14,354 $ 18,008 $ 32,362 5 52,196 Storm Sewer (Market) S 6,244 $ 6,244 $ 32,112 $ 38,356 $ 44,600 PM, Stakeholder Inv, $ 121,712 5 5,000 $ - 5 5,000 $ 126,712 Construction Engineering $ - $ - 5 47,820 5 47,820 S 47,820 Subtotal Engineering 539,640 5 50,583 5 152,887 S 203,470 5 743,110 TOTAL PROJEcT COST $ 2,580,081 1,085,621 $ 1,709,396 $ 2,795,017 $ 5,375, EXHIBIT B Summary of Cost Participation - CP 101-07 February 24, 2011 100% County for CH 17 Leg 18.75% City for Colored Concrete Blvd 55% CTB Eligible; 10.5% County Additional; 34.5% City 28% CTB Eligible; 72% City 100% City Cost $21,000 for Decorative Pole; 100,000 for LED 100% City Cost outside of project 25% City for Marschall Road Leg; 25% County for CH 17 Leg 20% City for Decorative Bollard 33% of actual topographic survey costs, proportion on non-eligible costs 33% of actual design costs, proportion on non-eligible costs 100% of actual design costs 55% MB Eligible; 105% County Additional; 34.5% City 28% CTB Eligible; 72% City 8% of city construction costs minus sanitary and water REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2011 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 A. Scott County ( "County ") is preparing plans and intends to improve County State Aid Highway (CSAH) 101 from Fillmore Street to 1050 feet east of CSAH 17/Marschall Road. In conjunction with the County's project, the City and SPUC desire to replace the sanitary sewer and watermain in the project area as part of County Project No. SP -70- 701-07, C.P. 101 -07 ( "Project ") B. SPUC acknowledges that the watermain in the Project area needs to be replaced and that replacing it as a part of the project is the most cost effective method of doing so. 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 Project. 2. SPUC will reimburse the City for 100% of the Project costs associated with the reconstruction of the watermain. SPUC shall have no financial responsibility with respect to any other portion of the Project. The current estimated cost associated with the watermain portion of the Project is $484,618.86 including $21,268.86 indirect costs. 3. SPUC shall pay 90% of the estimated costs for the watermain within 30 days after the award of the contract. The balance shall be paid within 30 days after substantial completion of the watermain portion of the Project. City of Shakopee Shakopee Public Utilities Commission By Its Mayor By Its City Administrator By Its City Clerk ENGRI2009- PROJECTS /C..R. 101 - RECONSTRUCTION/ WORD/REJNBURSE- AGREEMENT 2 By Its Chair S T A G E S A E 2 !I. 1 ,II jND AVE' E � } a � � • 11 1 T 7.11'3 jikk , Y "y • Vii I 4 • r — , CSAjt•102 iyj�ll>'S1L7 I .ter •� `r 2NU AVE L • x . " II r' k�a AY• E 2410 AttE .1 •••• I -I A S 1 P H A 2 LEGEND STAGE 1 CONSTRUCTION STAGE 2 CONSTRUCTION LOCAL TRAFFIC DETOUR ROUTE STAGS' • ComwpseR"ETt:om tYml ?a ; S; to Maruhae Rd and Rom FSWNnSt to 6,m,• -•e R o Phase 1: o Phase 2 A I r o x has side • ReNWbte Bsna the Inn Markt 54 to lamellae Rd to be used Inn detour In Sage • Local traffic detoured°No Nat Ave andeke • Regional talk detoured Iron WR 101 STTAGEU • CaWNCt segment from Minnesota Slto Nankai St • teal mak dStouodalto Bluff Ave • Regional trefl'R dewed from am( I0I C� 11111111111111 CSAH 101 RECONSTRUCTION DRAFT STAGING LAYOUT