HomeMy WebLinkAbout5.D.3. Approve Cooperative Agreement with Scott County and Reimbursement Agreement with Shakopee Public Utilities (SPUC) for CR 101 ImprovementsTO:
FROM:
SUBJECT:
Mayor & City Council
Mark McNeill, City Administrator
Bruce Loney, Public Works Director
Authorize the Execution of Cooperative Agreement with
Scott County and Reimbursement Agreement with Shakopee
Public Utilities for C.R. 101 Improvements
DATE: March 15, 2011
INTRODUCTION:
CITY OF SHAKOPEE
Memorandum
ot3,
C LET
Attached to this memorandum is a Cooperative Agreement between Scott County and the
City of Shakopee for the County Project No. CP- 101 -07 (C.R. 101), from Spencer Street
to CSAH 17. Also attached is a Reimbursement Agreement with Shakopee Public
Utilities Commission (SPUC) for the utility replacement work of sanitary sewer and
watermain as part of County Project No. CP- 101 -07.
BACKGROUND:
Plans have been prepared by Scott County for the C.R. 101 corridor, from Spencer Street
to CSAH 17 and these plans were presented to the City Council at a March 8, 2011
workshop. Council also reviewed a Draft Cooperative Agreement between the City of
Shakopee and Scott County and also a Draft Reimbursement Agreement between the City
of Shakopee and SPUC for the cost of the utilities associated with the C.R. 101 project.
From the March 8, 2011 Council workshop, the Cooperative Agreement has been revised
to reflect the changes, mainly being the elimination of the five lights west of Fillmore
Street and this change is reflected in Exhibit `B" — Cost to the City. The Reimbursement
Agreement has been reviewed by SPUC's staff and will be taken to their Commission for
approval at a later date.
It is planned to have a bid opening on March 29, 2011 and the County Board is intending
on awarding a contract on April 5, 2011. One other item that Council will be discussing
on March 22, 2011, would be to give the County an indication as to what level of support
they would have for an LED lighting system versus the alternate bid of high pressure
sodium lights.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute the Construction Cooperative
Agreement for County Road 101 Project No. CP- 101 -07 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. CP- 101 -07.
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.
ACTION REQUESTED:
1. Authorize the appropriate City officials to execute the Construction Cooperative
Agreement for County Road 101 Project No. CP- 101 -07 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 work as part of County Project No. CP- 101 -07.
Public Works Director
ENGR/2009- PROJECTS /C.R. 101 - RECONSTRUCTION/ WORD/ AUTHORIZE - AGREEMENTS - COUNTY -SPUC
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 100% of the estimated costs for the watermain within 60 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 By
Its Mayor Its President
By By:
Its City Administrator Its Utilities Manager
By
Its City Clerk
ENGR/ 2009 - PROJECTS /C..R. 101 - RECONSTRUCTION/ WORD /REIMBURSE- AGREEMENT
CONSTRUCTION COOPERATIVE AGREEMENT
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).
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 Minn .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.
1
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 $5,375,098.
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
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
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, which are 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 for construction engineering, excluding city water, sanitary
sewer construction costs and storm sewer construction costs associated with work on City streets,
currently estimated at $41,946. The City's share of the construction engineering costs associated with
THTB eligible items will be reimbursed to the County, 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.
2
County Project No. CP 101 -07
City of Shakopee
County of Scott
3
County Project No. CP 101 -07
City of Shakopee
County of Scott
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
shall 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 shall 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 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.
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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 ".
16. 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.
17. 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.
18 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,
6
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.
19. 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.
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 Date
By
Judy Cox, City Clerk
ATTEST:
COUNTY OF SCOTT
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
APPROVED AS TO EXECUTION:
By
Pat Ciliberto, County Attorney
Date
W:\zSC00P 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 Date
Chair, Board of Commissioners
EXHIBIT B
Summary of Cost Participation - CP 101 -07
March 10, 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% CTB Eligible; 10.5% County Additional; 34.5% City
28% CTB Eligible; 72% City
8% of city construction costs minus sanitary and water. and Market Street Sewer
Scott County
City of Shakopee
Project Total
Item
CTBJCounty
CTB,Participating Non- Participating
Tntal
Roadway
$ 1,084,294
$ 21,077
$ -
$ 21,077
_$ 1,105,371
Curb & Gutter
$ 83,885
$ 83,885
$
$ 83',885
$ 167,770
Cost -to -Cure
Sidewalk
Walk
5 3,149
$ 116,717
$ -
$ 116,717
$ 119,866
Boulevard
$' -
$ 69,144
$ 15,956
$ 85,100
$ 85,100
Storm Sewer
$' 267,074
5 193,277
$ 242,475
$ 435,752
$ 702,825
Market Street
$ 42,348
$ 42,348
$ 217,790
$ 260;138
;$ 302,486
Sanitary Sewer & Water Main
$ -
$
$ 766,399
$ 766,399
:$ 766,399
Lighting
$ -
$ 420,440
;$ 121,000
$ 541,440
$ 541,440
West of Fillmore
$ -
$
$
Traffic Signal
$ 196,500
$
$ 65,500
$ 65,500
$ 262,000
ROW Cost to Cure
$. 188,409
$ -
$ -
$
$ 188,409
Bollards
$ 78,000
$ 15,600
$ 15,600
$ 93,600
Subtotal
$ 1,943,658
$ 946,887
$ 1,444,720
$° 2,391,607
-$ 4,335,265
Pro rata Items
$ 92,551
$ 87,651
;$ 63,798
$ 151,449
$ 244,000
Subtotal- Construction
$ 2,036,209
$ 1,034,538
$ 1,508,518
$ 2,543,056
;$ 4,579,265
Right -of -Way Costs
$ 20,050
$
$
$ 20,050
Design Engineering
$ -
Survey
$ 26,166
$ -
$ 12,887
$ 12,887
$ 39,053
Design & ROW
$ 365,684
$ 10,245
'$ -
$ 10,245
'$ 375,929
Lighting Design;
$ -
$ 14,740
$ 7,260
$ 22,000
$ 22,000
Water and Sewer
$ -
$ .-
$ 34,800
$ 34,800
$ 34,800
Storm Sewer (CH 101)
$ 19,834
$ 14,354
$ 18,008
$ 32,362
$ 52,196
Storm Sewer (Market)
$ 6,244
$ 6,244
;$ .32,112
$ 38,356
$ 44,600
PM, Stakeholder Inv..
$ 121,712
$ 5,000
$ -
$ 5,000
$ 126,712
Construction Engineering
$ -
$ -
$ 41,946
$ 41,946
$ 41,946
Subtotal Engineering
$ 539,640
$ 50,583
$ 147,013
$ 197,596
$ 737,236
TOTAL PROJECT COST
$ 2,595,899
: $ 1,085,121
;$ 1,655,531
$ 2,740,652
5 5,336,552
EXHIBIT B
Summary of Cost Participation - CP 101 -07
March 10, 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% CTB Eligible; 10.5% County Additional; 34.5% City
28% CTB Eligible; 72% City
8% of city construction costs minus sanitary and water. and Market Street Sewer