HomeMy WebLinkAbout5.B.1. Cooperative Agreement with Scott County for Replacement of Traffic Control Signal System at CSAH 101 and Stagecoach RoadCITY OF SHAKOPEE ' 1k
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Consider Approval of Agreement for Participation in Replacement of
Traffic Control Signal System and Integral Street Lights
(CSAH 101 & Stagecoach Road)
DATE: June 21, 2011
INTRODUCTION:
This agenda item is to authorize the appropriate City officials to execute a Signal System
Agreement with Scott County for the replacement of the traffic control signal system on CSAH
101 and Stagecoach Road.
BACKGROUND:
The attached agreement contains standard language used in other traffic control signal system
agreements between the County and the City. The County is replacing the temporary signal
system with a permanent system including Emergency Vehicle Preemption (EVP). The County
is obtaining State Turnback Funds for their legs of the intersection. State Turnback Funds do not
cover local street legs in which the City has Stagecoach Road.
Per the County agreement, the City's share is estimated to be $71,907.00. It was planned to pay
for this signal out of the Capital Improvement Fund.
ALTERNATIVES:
Authorize the appropriate City officials to execute the Signal System Agreement with
Scott County for the replacement of a traffic control signal system on CSAH 101 and
Stagecoach Road.
2. Do not authorize the appropriate City officials to execute the Signal System Agreement
with Scott County for the replacement of a traffic control signal system on CSAH 101
and Stagecoach Road.
3. Table for additional information.
RECOMMENDATION:
Staff recommends the authorization of the agreement with Scott County for the replacement of a
traffic control signal system on CSAH 101 and Stagecoach Road in order to install an EVP
system at this location and per County Participation Policy.
ACTION REQUESTED:
Authorize the appropriate City officials to execute the Signal System Agreement with Scott
County for the replacement of a traffic control signal system on CSAH 101 and Stagecoach
Road.
Bruce Loney, 6ector
Public Works
ENGW2011- PROJECTS /CRIDl/WORD /SIGNA SYST M- AGREEMENT
County Project CP 101 -09
CSAH 101 at Stagecoach Road
City of Shakopee
County of Scott
CONSTRUCTION COOPERATIVE AGREEMENT
FOR PARTICIPATION IN REPLACEMENT OF TRAFFIC
CONTROL SIGNAL SYSTEM AND INTEGRAL STREET LIGHTS
THIS AGREEMENT, made and entered into this day of , 2011, 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 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 the intersection and replace the old wood temporary traffic
control system with mast arms and integral street lights at the intersection of County State Aid
Highway (CSAH) 101 and Stagecoach Road in the City of Shakopee, hereinafter referred to as the
"Project".
B. The above described Project lies within the corporate limits of the City.
C. The County 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 two
hundred eighty seven thousand six hundred twenty seven dollars and no cents ($287,627.00). 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 revision and continued operating cost of
said intersection and signal system with integral street lights.
E. It is contemplated that said improvement work shall be carried out by the parties under the provisions
ofMinn_Stat. See. 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 revision of the roadway and inplace full- traffic-
actuated traffic control signal system with mast anus and integral street lights at the intersection of
CSAH 101 and Stagecoach Road. Such revision, as described immediately above, shall be identified
and accomplished under County Project No. CP 101 -09, 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
County Project CP 101 -09
CSAH 101 at Stagecoach Road
City of Shakopee
County of Scott
2
c
Q
5.
43
II
I
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 City agrees that any city license required to perform electrical work within the city shall be issued to
the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall
be not more than those established by the State Board of Electricity in the most recently recorded
Electrical Inspection Fee Schedule.
The City shall continue to provide the electrical energy for the operation of the inplace traffic control
signal system and integral street lights to be revised under the Project, all at the sole cost and expense of
the City.
The County or its agents shall advertise for bids for the work and construction of the aforesaid Project
No. CP 101 -09, 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.
The construction cost of the Project shall be the contract cost plus the cost of equipment purchased by
the County necessary to make the signal system operational. It is understood that the estimated
construction cost stated hereinafter is for informational purposes only. The estimated construction cost
of this project is two hundred eighty seven thousand six hundred twenty seven dollars and no cents
($287,627.00) including County, furnished materials.
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.
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 Exhibit "B ". The City shall pay the County 10 percent (10 %) of such share of the
construction cost as payment for the design of the Project; and 8 percent (8 %) of such share of the
construction cost as payment for inspection of County Project No. 101 -09. It is further agreed that the
Engineer's Estimate referred to in this Agreement are estimates of the construction cost for the contract
work on the Project and that the unit prices set forth in the contract with the successful bidder and the
2
County Project CP 101 -09
CSAH 101 at Stagecoach Road
City of Shakopee
County of Scott
10.
11
12.
final quantities as measured by the County Engineer shall govern in computing the total final contract
construction cost for apportioning the cost of the Project according to the provisions of this paragraph.
The final amount of the City's Share of construction and engineering costs of this 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
The County shall include Emergency Vehicle Preen
The City shall, as its share of the EVP construction
the actual EVP construction cost and County furnish(
The City shall not revise by addition or deletion, ru
timing of the aforesaid traffic control signal system
construed as restraint of prompt, prudent action by F
part of such traffic control signal s:
Upon completion of the work, the
the sole cost and expense of the C
of the EVP system and any repairs
County shall maintain the integral street light
relamping, and glassware thereof. I
13. The EVP system at CSAH 101 and Stagec
accordance with the following conditions and
(1) ,Emitter units may be installed and used
Minnesota Statues Secs. 169.01, subd. 5 and
duly appointed representa
(2) Malfunctions of the
(3) In the event said E'
of
be
be
ption,(EVP) system construction with the project.
,ost, pay the County twenty five percent (25 %) of
i materials as shown in Exhibit B.
alter or adjust any component, part, sequence, or
or EVP system; however; nothing herein shall be
nnerlv constituted authorities in situations where a
y involved in an emergency.
do and repair said traffic control signal system at
County shall maintain and repair the components
the sole cost and expense of the City. Further, the
for the City maintaining photoelectrical controls,
shall be operated, maintained or removed in
vehicles responding to an emergency as defined in
169.03. The City will provide the County Engineer or his
vehicles with emitter units upon request.
shall be reported to the County immediately.
tem or components are, in the opinion of the County, being misused or
the conditions set forth herein are violated, and such misuse or violation continues after receipt by the
City of written notice thereof from the County, the County shall remove the EVP system. Upon removal
of the EVP system pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers,
infrared detector heads and indicator lamps and all other components shall become the property of the
County.
(4) All timing of said EVP system shall be determined by the County.
3
County Project CP 101 -09
CSAH 101 at Stagecoach Road
City of Shakopee
County of Scott
14. Initial pedestrian striping for the intersection shall be included as part of the Project. The County shall
be responsible for all subsequent roadway pedestrian striping across CSAH 101 at Stagecoach as
required after the initial work and shall be responsible for one hundred percent (100 %) of the subsequent
related costs. The City shall be responsible for all subsequent roadway pedestrian striping across
Stagecoach Road at CSAH 101 as required after the initial work and shall be responsible for one
hundred percent (100 %) of the subsequent related costs.
15. 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.
16. 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.
17. All records kept by the City and the County with respect to the Project shall be subject to examination by
the representatives of each parry. 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.
18. 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.
El
County Project CP 101 -09
CSAH 101 at Stagecoach Road
City of Shakopee
County of Scott
19. 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.
20. 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.
21. 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.
5
County Project CP 101 -09
CSAH 101 at Stagecoach Road
City of Shakopee
County of Scott
22. 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 'W'.
23. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5 (2007), 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.
24. 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.
25. 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.
26. 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 of Shakopee Engineer, or his successor. His current address and phone number are 400 Gorman
Street, Shakopee, MN 55379, (952)- 233 -9361. Any change in name, address, or telephone shall be
noticed to the other party.
0
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.
CITY OF SHAKOPEE
By
John Schmitt, Mayor
(SEAL)
By
Judy Cox, City Clerk
COUNTY OF SCOTT
ATTEST:
By
Gary Shelton, County Administrator
Mark McNeill, City Administrator
Thomas J. Wolf, Chair of Its County Board
Date
Upon proper execution, this agreement
will be legally valid and binding.
Pat Ciliberto, County Attorney
APPROVED AS TO EXECUTION:
LM
RECOMMEND FOR APPROVAL:
By
Mitchell J. Rasmussen, County Engineer
Pat Ciliberto, County Attorney
W:\ zSCOOP_ ProjectCP101- 09\ AgreementsRBARES \Agreement_Shakopee_CP 101- 09.doc
t:)
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.
1 ``� //
ary I /Shelton Date
Scott County Administrator
Thomas J. Wolf Date
Chair, Board of Commissioners
CID 101 -09
CH 101 at Stagecoach Road
Estimated
Estimated
Estimated
SAP
City
Item No.
Item
Unit
Quantity
Unit Cost
Total Cost
70- 701 -010 CTB
Non - Participating
75%
25%
2 102.502
P avement Marking Rem oval
Lin. Ft.
56
1
$10
$5 000
$560
$5 000
$420
$3 75
$140
$1,250
2104.509
25
Remove Signal System
Pedestrian C urb Ramp
Each
Each
8
$1,500
$12,000
$9,000
$3,000
2564.531
Sig Panels Type C
Sq. Ft.
108 _
$40
$4,320
$3,240
$1,08
2564.531
Sig Panels Type D
Sa. Ft.
70
3
$35
$200
$2,450
$600
$1,838
$450
$ 613
$150
2564.552
2565.511
Hazard Marker X4-2
Traffic Co
tVeh
Each
Sl Lum p
$ $$0,400'
.000
$$$0,400
$140,250
$46,750
2565.601
2565.616
c ce Pree li on S stem
_ Y _..
Emerge y p
VideoDetectorSystem
Sum
System
1
1 _
$5,500
$5,500
$7,800
$4,1
_$2,600
$1,375
2582.5
Pavement Messa ge_(LT -Th Arr ow) -Epoxy
Each
3
$400
$1,200
$900
$300
2 582.501
2582.502
Pave ment Message (RT Arrow) - Epox
4" Solid Line White -Epoxy
Each _
Lin. Ft.
3
400
__$200'
$1.50
$600___._$450
$600
$23
$450
$17
$150
$150
$6
2582.502
—50__
4" Solid Line Yello -Epoxy
Lin. Ft. _
15
$1 50
$113
$38
—
2582.2
4" Double Soli Line Yellow -Epoxy
Lin F t.
50
_ $3
$150'
2582.502
24" Solid Line White -Epoxy
Lin. Ft.
60
$10
$8'
$600
$450
$4,968'
$150
$1,656
2582.503
C rosswalk Marking Epoxy
Ft.
828
.. $6624
Estimated Construction Costs
$237,627
$178,220
$59,407
Estimated Coun Furnished Materials
$50,000
$37,500
$12,
— —
— —
—
$287,62
$215,720'
$71,907
Total Estimated Project Co
City of Shakopee Capital Improvement Program 2011 -2015
Project Manager: Project Type: Project Title: Total Project Cost:
Bruce Loney Street Construction Stagecoach Rd. and CR 101 Signal $280,000
Improvements
A. Expenditure Items: 2011 2012 _ 2013 2014 2015 ,
Land & ROW
Construction 230,000
Improvements
Engineering /Admin. 50,000
Total 280,000 - -
B. Funding Source:
General Fund
Capital Improvement Fund 70,000
Park Reserve Fund
Grants (specify)
Donations (specify) 210,000 (County)
State Aid
Assessments
Sanitary Sewer Fund -Base
Sanitary Sewer Fund -Trunk
Storm Drainage Fund -Base
Storm Drainage Fund -Trunk
Tax Levy _ —
Total 280,000 - - - -
Description:
:. 1 Signal improvements at the intersection of Stagecoach Road and CR 101.
a �a T _
Justification:
.. - ' pp
coo
' - •% 14 Other Comments:
� ✓,/ X` f , Ili- ' ! j
r " xr;� ' ' ' -'''. .
/
t*, 1 q Operating Costs:
PROJECT LOCATION