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HomeMy WebLinkAbout5.C.1. Cooperative Agreement with Scott County for CH 17 and CH 42 Interchange Improvements i coP CITY OF SHAKOPEE . G Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize the Execution of Cooperative Agreement with Scott County for CH 17 & CH 42 Interchange Improvements DATE: April 5, 2011 INTRODUCTION: Attached to this memorandum is a Cooperative Agreement between Scott County and the City of Shakopee for the County Project No. CP 17 -29 (CH 17 & CH 42 Interchange). BACKGROUND: Plans have been prepared by SRF Consulting Group for Scott County on the CH 17 & CH 42 Interchange Project and a Construction Cooperative Agreement has been prepared and is attached for Council execution. Previously on July 20, 2010 the city council adopted resolution No. 7024 approving the C.R. 17 & C.R. 42 Interchange Layout, as requested by Scott County. One item that was added from the layout approval is the addition of 21 lights as required by the state and federal regulations. Attached is a lighting layout for the interchange. The major items for the city in the cooperative agreement for this project are as follows: 1. In Exhibit B, the city's share of the storm sewer on the project is $105,135.00 and includes 21% engineering and administration fees and would be funded out of the Surface Water fund. 2. The city will be responsible for 50% of the power costs for the lighting system associated with the interchange area. 3. The County will agree to pay the City $5,000 for infiltration fee for new impervious acres. It is planned to have a bid opening on June 3, 2011 and the County Board is intending on awarding a contract on June 14, 2011. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Construction Cooperative Agreement for C.R. 17 & C.R. 42 Project No. CP 17 -29 between the City of Shakopee and Scott County. 2. Do not authorize the Construction Cooperative Agreement at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends approval of Alternative No. 1 in order for this project to move forward. ACTION REQUESTED: 1. Authorize the appropriate City officials to execute the Construction Cooperative Agreement for C.R. 17 & C.R. 42 Project No. CP- 101 -07 between the City of Shakopee and Scott County. 4/4? Bruce Loney, ' . Public Works Director H:\ENG\2010 ENGINEERING PROJECTS \C.R 17 & C. 42 INTERCHANGE\MEM- APPROVING C.R. 17-42- cooperative agreement.docx CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize the Execution of Cooperative Agreement with Scott County for CH 17 & CH 42 Interchange Improvements DATE: April 5, 2011 INTRODUCTION: Attached to this memorandum is a Cooperative Agreement between Scott County and the City of Shakopee for the County Project No. CP 17 -29 (CH 17 & CH 42 Interchange). BACKGROUND: Plans have been prepared by SRF Consulting Group for Scott County on the CH 17 & CH 42 Interchange Project and a Construction Cooperative Agreement has been prepared and is attached for Council execution. Previously on July 20, 2010 the city council adopted resolution No. 7024 approving the C.R. 17 & C.R. 42 Interchange Layout, as requested by Scott County. One item that was added from the layout approval is the addition of 21 lights as required by the state and federal regulations. Attached is a lighting layout for the interchange. The major items for the city in the cooperative agreement for this project are as follows: 1. In Exhibit B, the city's share of the storm sewer on the project is $105,135.00 and includes 21% engineering and administration fees and would be funded out of the Surface Water fund. 2. The city will be responsible for 50% of the power costs for the lighting system associated with the interchange area. 3. The County will agree to pay the City $5,000 for infiltration fee for new impervious acres. It is planned to have a bid opening on June 3, 2011 and the County Board is intending on awarding a contract on June 14, 2011. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Construction Cooperative Agreement for County Road 101 Project No. CP 17 -29 between the City of Shakopee and Scott County. 2. Do not authorize the Construction Cooperative Agreement at this time. 3. Table for additional information. RECOMMENDATION: Staff recommends approval of Alternative No. 1 in order for this project to move forward. ACTION REOUESTED: 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. nice Loney .E. Public Works Director H:\ENG\2010 ENGINEERING PROJECTS \C.R. 17 & C.R. 421NTERCHANGE\MEM- APPROVING C.R 17-42- cooperative agreement.docx • CSAH 17 & 42 Preliminary Lighting Layout County Project No. CP 17 -29 SAP 70- 617 -23 City of Shakopee County of Scott CONSTRUCTION COOPERATIVE AGREEMENT 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) 17 at CH 42 as shown on the County Engineer's plans for County Project No. CP 17 -29 (SAP 70- 617 -23), which improvement contemplates and includes construction of a partial interchange at CH 41 and CH 17. The project includes construction of an overpass (flyover) bridge for NB CH 17 over CH 42, traffic channelization, storm water ponds, storm sewer, turn lanes, asphalt paving, grading, interchange lighting, curb and gutter and intersection improvements at Marcia Lane(hereinafter referred to as the Project). B. The above described Project lies within the corporate limits of the City of Shakopee. C. The County Engineer has prepared an engineer's estimate of quantities and unit prices of material and labor for the above described Project and an estimate of the total cost for contract work in the sum of Five Million Twenty Nine Thousand One Hundred and Five Dollars and Zero cents ($5,029,105). A copy of said estimate (marked Exhibit `B ") is attached hereto and made a part hereof. D. 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 or its agents shall advertise for bids for the work and construction of the aforesaid Project No. CP 17 -29 (SAP 70- 617 -23) 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 shall be in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof. 1 County Project No. CP 17 -29 SAP 70- 617 -23 City of Shakopee County of Scott 2. 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. 3. 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, based on the contract price, deposit with the Scott County Treasurer one hundred percent (100 %) of the estimated City's share of the construction and engineering costs, engineering costs are based on 10% Design, 8% Construction Administration and 3% Administration of the total city share, as partial payment within thirty (30) days after award of contract or execution of this Agreement, whichever is later. It is further agreed that the Engineer's Estimate referred to in this Agreement is an estimate of the construction cost for the contract work on said Project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said Project according to the provisions of this paragraph. See Exhibit "B ". The cost of the items in which the City shall participate shall be based on the unit prices in the contract and the final construction quantities as determined by the Project Engineer in charge. 4. The City shall, upon completion of the Project and based on the final contract amount, make payment to the Scott County Treasurer for the City's share of construction costs of the project, upon submittal to the City, the County's final itemized statement of the Project costs, on or before December 31, 2012 5. The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the City upon request. 6. 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. 2 3 County Project No. CP 17 -29 SAP 70- 617 -23 City of Shakopee County of Scott 7. 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. 8. All records kept by the City and the County with respect to the Projects 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. 9. The County agrees to pay the City Five Thousand Dollars ($5,000) for storm water infiltration since the soils on the project are not conducive to infiltration. 10. The County cost participation policy requires the City to pay the power costs for street lighting, but the County agrees to an exception to this policy on this project because it illuminates the interchange. The City agrees to pay one half of the power costs associated with the interchange lighting system and be the primary custodian of the power billing upon project completion. The City shall bill the County once annually for one half the power costs for the lighting system. The County will pay for one have of the power costs annually and provide for maintenance of all the lighting on the project including relamping and resetting of damaged poles and luminares. 11. The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of the Project. 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. County Project No. CP 17 -29 SAP 70- 617 -23 City of Shakopee County of Scott 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 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. 4 County Project No. CP 17 -29 SAP 70- 617 -23 City of Shakopee County of Scott 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, 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 is 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 Mark McNeill, City Administrator, 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. 5 (SEAL) ATTEST: CITY OF SHAKOPEE By And John J. Schmitt, Mayor Mark McNeil, City Administrator Date Date By Judy Cox, City Clerk COUNTY OF SCOTT By By Gary 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:\zSCOOP_ProjectCP17-29 (SP 70- 617- 23)\9- AgreementsRBARES \Construction Coop_ Shakopee_ CH 17.doc EXHIBIT A POLICY STATEMENT 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. y Shelton Scott County Administrator Date Thomas J. Wolf Chair, Board of Commissioners 4 /7 1 / Date Category Total Federal County City of Shakopee Non Part Roadway $4,723,647 $1,683,588 $2,712,084. $322,102 Storm Sewer $391,576 $149,778 $86,889 $86,889 Total $5,115,223 $86,889 Exhibit B SP 70- 617 -23 CP 17 -29 CH17 and 42 Partial Interchange. Recap of Project Costs for Construction Cooperative Agreement Note: City will also pay for 10% design engineering, 8% Construction Engineering and 3% administration costs for their share of the project. This amounts to $18,246 for a total of $105,135. City may deduct from this amount the $5,000 due for infiltration costs.