HomeMy WebLinkAbout5.C.1. CSAH 69 and 10th Avenue Scott County Construction Cooperative Agreement5, C' 1
CITY OF SHAKOPEE
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Jeff Weyandt, Assistant City Engineer
SUBJECT: CSAH 69 & 10 Avenue Scott County Construction
Cooperative Agreement
DATE: August 3, 2011
INTRODUCTION:
Staff is requesting approval of a Construction Cooperative Agreement with Scott County
for improvements to the intersection of CSAH 69 and 10 Avenue.
BACKGROUND:
As part of the 2011 Street Reconstruction Project, the City is reconstructing the
intersection of CSAH 69 and 10 Avenue, as previously agreed upon with Scott County.
The attached agreement is necessary for the City to be reimbursed by Scott County for
this intersection work associated within the 2011 Reconstruction Project.
ALTERNATIVES:
1. Authorize the appropriate City officials to execute a Cooperative Agreement for
the improvements to the intersection of CSAH 69 and 10 Avenue.
2. Do not authorize the appropriate City officials to execute a Cooperative
Agreement for the improvements to the intersection of CSAH 69 and 10
Avenue.
3. Table for additional information.
RECOMMENDATION:
Authorize the appropriate City officials to execute a Cooperative Agreement for the
improvements to the intersection of CSAH 69 and 10th Avenue.
ACTION REQUESTED:
Authorize the appropriate City officials to execute a Cooperative Agreement for the
improvements to the intersection of CSAH 69 and 10` Avenue.
?q- 14
Jeff Weyandt, P.E.
Assistant City Engineer
ENGR/20 t lPRO]ECTS/CR69 -IMPRO VEMENTS/ W ORD /COOPERATE VE -AGRE &'✓ENT
CP 69 -01, SAP 070 - 669 -004 CTB
City of Shakopee
CONSTRUCTION COOPERATIVE AGREEMENT
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 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 the intersection at CH 69 and l Oth Street in the City of
Shakopee (hereinafter referred to as the Project). This Project is funded by CTB funds.
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 Fifty -seven thousand One hundred fourteen dollars and no cents ($257,114.00). A copy of
said estimate (marked Exhibit "B ") is attached hereto and made a part hereof.
D. The City has expressed its willingness to construct this portion of the CP 69 -01 project with the 10
Ave and 6th Ave Municipal Turnback Project (MTB) project in 2011.
E. It is contemplated that said improvement work shall be carried out by the parties under the provisions
of Minn. Star. Sec. 162.17, subd. 1.
NOW, THEREFORE, IT IS HEREBY AGREED:
The City 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 intersection at CH
69 and 10 Ave, including a left turn lane and right turn lane. Such revision, as described immediately
above, shall be identified and accomplished under county Project No. CP 69 -01 and SAP 070 - 669 -004
CTB, 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.
CP 69 -01, SAP 070 - 669 -004 CTB
City of Shakopee
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.
3. The City or its agents shall advertise for bids for the work and construction of the aforesaid Project
No. CP69 -01, SAP 070- 669 -004, 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 cities. The contract includes the plans and specifications prepared by the City
or its agents, which said plans and specifications are by reference made a part thereof.
4. The construction cost of the Project shall be the contract cost. 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 Fifty -seven thousand One hundred fourteen dollars and no cents
($257,114.00).
5. The City shall have overall authority to administer the contract and inspect the construction of the
contract work for the Project. The City shall have ultimate authority in initiating and determining
change orders, supplemental agreements and final quantities. The County Engineer shall cooperate
with the City Engineer and his staff at their request to the extent necessary, but shall have no other
responsibility for the supervision of the work.
6. The County shall reimburse the City 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 County shall pay the City twenty one percent (21 %) of such share
of the construction cost as payment for the design, inspection and administrative costs of the Project; CP
69 -01, SAP 070 - 669 -004. 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 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. County shall pay the City based on billings
from the City provided payment vouchers signed by the contractor are provided. Engineering costs will
be paid when the final voucher and billing is received by the County. Approved Vouchers will be paid
within thirty (30) days of approval by the County Engineer.
3
CP 69 -01, SAP 070 - 669 -004 CTB
City of Shakopee
7. The final amount of the County's Share of construction and engineering costs of this Project shall be
determined and any amount due paid to the City, upon completion of the Project and submittal to the
City, of the County's final itemized statement of the Project costs.
g. 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.
g. 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. 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,
5
CP 69 -01, SAP 070 - 669 -004 CTB
City of Shakopee
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.
CP 69 -01, SAP 070 - 669 -004 CTB
City of Shakopee
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 propose 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 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. Star. 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 ".
I& 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
7
CP 69 -01, SAP 070- 669 -004 CTB
City of Shakopee
(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.
7
CP 69 -01, SAP 070 - 669 -004 CTB
City of Shakopee
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,
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 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.
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)
By
John Schmitt, Mayor
Date
By
Judy Cox, City Clerk
Date
ATTEST:
By
Gary Shelton, County Administrator
Date
Upon proper execution, this agreement
will be legally valid and binding.
By
Pat Ciliberto, County Attorney
Date
APPROVED AS TO EXECUTION:
By
Pat Ciliberto, County Attorney
Date
CITY OF SHAKOPEE
Mark McNeill, City Administrator
Date
COUNTY OF SCOTT
By
Thomas J. Wolf, Chair of Its County Board
Date
RECOMMEND FOR APPROVAL:
By
Mitchell J. Rasmussen, County Engineer
Date
http:// teamscoop/ div/ CommunitySvcs /pw /ProposalAgreement Working Library/CONSTRUCTION COOPERATIVE AGREEMENT CP69- 0110th
St.doex
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.
M?:It l �� '��
Gary . Shelton Date
Scott County Administrator
Thomas J. Wolf Date
Chair, Board of Commissioners
EXHIBIT B
ENGINEER'S ESTIMATE
WSB Project: OLD TR 300
Project Location: Shakopee, MN
WSB P No: 1811-11
Date: 5/3/2011
Opinion of Probable Cost
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WSB Project: OLD TH 300
Project Location: Shakopee, MN
ROTE Project NO: 1811-11
Date: 5/3/2011
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IT TT
1
109
WIDIDIN
1713AC
300
610,013 .00
509
416,91E.25
I,
I
$713.40
25 .N
12" UAIFU .. ➢IU CE 33
(3) (4)
1. IT
03.08
xU
4II061.60
SS,O fit. 60
2504.608
DUCTILE IRON FITTINGS
1.UNU
$15,936.
1410
44,719.00
25
CONSTRVCT I... STUNDLVCNE ..1I.
$106.13
47
601113
3
6560.16
94
21CC.. 03
.. . STRUCTURE 1. TITEUTD ➢UTI.D
(3) a.)
I.
$215,29 4�
I07
0.103D EN
n
- ;3, ECD N
NL
639,371.6o
'U.C'U" I.UI. 59 9020
01 M)
1. 1
$24N.D1
IN,
IT
$ 3,9 91.09
I ......
2506 501
CONTITUCT NeEcKEDS STRUNTLITI DESIGN 6U 90x0
0) 111)
LIN FP
6291.19
92
$33
IT
63, 50 t.98
IN
IC11TRIT ➢e. 11TICTUNE ➢ll..
ITY Ff
6271.39
29
56,65].36
9
42,9EE.5
I,
2506.501
C.U1IU.DI UNDACUUMI. I.TTU- UE�I.N 11-c021
(I) C'01
TT
5922.21
N
$3,37R.�E
CGUET.N. ... EIUU.. UILICE 14-1U.
(n RE)
LIN Fm
$309.36
13
01061.60
LI
250: 501
CONCTRUCT C.. DENCD. TI-4N.
OHIO
1'.
4:1,11
1
:
9
$4,D3I II
I,
$I3,83U
zs
N' - 1
ET EE CN.0 TEND,. -'.�
CUTTING -DECUL' N
(1)
: E.7N
7
11
19
IN
$10,035.06
16
611,960.69
2
=$�,4-
3506 16
519,903.24
fi0
93] ]96
IINC.122
eUCCET . [ PING CJeT.NG (,.1.)
(5
$2CO.C.
15
OITDO..
4
$1,040.00
TI
T2,1�U O�
UU�11 4V .1 STE 1. . (.1 12' Co IDIN)
-
- U.
119A7
x306. 60x
IT
$11,019 .71
11
417,039.77
D., .. In, E. . . (EX DEPTU O'No n IN HT)
In, E,
5.6
2506.602
CONNECT INTO EXISTING STOM SEWER
PAN W9 NI`UL`
EaC.
no
431600.00
12
$9,320.00 .0
Ve9.30
5.9
F966. I0
2
U.NT.DIC. rno., ICT. TU
EN ED
61A8
x9.x
693.30
11.4
925.19
10.0
$20.30
2321.301
4" 'CNCNN'D NIK
DU E,
42.90
2014E
6420
- �2N
N
$ 2,CTI.C.
1 11 161,100
10300
6x9,8]0.00
0,93t
4- C-CUTIE (EEI.N
IN I
12N
--
-
2 cl
L' T...
1. FT
11,71
TILD
*7,770.00
IDD
6310.00
IN.
cO "N'T4 "N' , 'CITED, - NisnU TLIU
$N..'
67G
2 .503
CON CRETE .. . T.N, I.
I'.
330
$33,z11.0C
6EI5
"r.E.EN
Preliminary Schedule I - BID PRICES 05032011 2 7MI2011
ENGINEER'S ESTIMATE
WEB Project: OLD TH 300
Project Shakopee, MN
WSB Project No: 1811-11
Date: 5/3/2011
Opinion of Probable Cost
-lt
��,-t T't�
16
cX .1
0. 1.)
-'Itt-t16
Qttttty
c-t 11
ot- tity I
6-1-1 4 11
-t
W� City
...
�tttity
Qu an t ity
c111-t 6
I..t
Ilti-tld
..."y
r1t1-t1d
C�t
E,t,- d
-t
XS
3.
c
21 02
CONCP.42E NOSE, ➢89 ZGH 1133
Gc4
5315 DO
2
5630.00
2
6630.00
2531.618
SAONGSE➢ c
so
210
08,400.00
12
-t
90
$1,400.00
2598.538
LIGHTBA36
GcN
$3 25] 00
1
$3251 OD
2595.533
..eEV Iu 4 1. t. 9
b10.15
300
63,095.00
300
$3,095.00
.1
BpcH
$119l0
6014.00
2563,601
..
63,900.00
1.000
b3, 900. 00
0.191
6699.9C
0.396
61,396.40
0.120
6900.00
0.135
b391.00
0.013
.,121
$411.9'
.[c
3569.531
SIGN PANELS TYPE C
(6)
34 ST
631.50
251-31
1--u -1 1-1
0) (1)
4 4...71
11
'e
2�4�554
SeIu PoW �SR X4 5
4
o�2�.tl
I
1
25l 02
sxzx -c.., IYIE Ha .. SII6c
IIN
11,31
2155
12,111,50
$2,227
W'.1
2C0
6E ]0.00
25 530
I. Iocectl., I.
$5,200.00
87
25]5,501
25 3
FSnxNn
..'I.
�u Ic
445t,:
$1
211�
Ma..�
M'.0
4."o
$,se6 t�
$942.50
$.1 It
B.o
10
1121.50
SMD mixN� 250
.0
2575.105
25 111
1��ItIl
Seel-, I- I-T eol�.
Ic. I.eut lloE I
Sc
b12 ,96.. o,J
10]00
625 fiB 0.00
300
02..OD
M..
1...
35 ➢.tl
:�..71
!..t
115
$350.00
5196.11
I515.I3I
-�.- 1.
17�
�Iul.'�
--
11�
2583.501
- c�to
-- 1
l.
7
$1,050
2582.5GI
Mo�� (RT
4]s. DO
- $171..�
s
63]5.00
25e 2.501
eAV@6NT ME6SAGe (AT l EPDXY
2
Mo.ol
Io'c I. "I-
o' 'c
Ic
6175.00
0. It
$261.10
6430.
2583 502
9" SOLID LINE .12R ..y
905
rI3.50
2582,502
4- SOLIc 1. IItY
$659. ]1
I.Ne to. cot%y
0)
1. 11
60,1
73
5]1
$51.60
.1uT
I'. FT
60.10
511
17..0
......
2 �.e.l.c
0))
11. -
$D.32
Sle
$ 9 96
1q
�7�
- 71
630.00
01
4� I.. It. ttotc� - P.
5932
- 1
13,076.41
2582.502
Ic I
6" .
lI.10
A
132�t
Ilc
_Itllt➢l
12- 1- � . I 1E. - EII%Y
96.50
ll6
j1, 394, 00
77777778102,]D4.33J
$9],816.30
$229,567.21
1
710 E Ii,IiuI. 646 .li 1.
Preliminary Schedule I - BID PRICES 05032011 3 712112011