HomeMy WebLinkAbout5.A.3. Approval of Standard Road Maintenance Agreement with Scott County for CSAH 15 and CR 77 i
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CITY OF SHAKOPEE
Memorandum I
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TO: Mayor & City Council � ��-'� � � � � � � �
Mark McNeill, City Administrator
� FROM: Bruce Loney, Public Works Director I
SUBJECT: Approval of Standard Road Maintenance Agreement for �
CSAH 15 and C.R. 77 between the City of Shakopee and
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Scott County
DATE: November 1, 2011
INTRODUCTION: '�
Attached is a Scott County Standard Road Maintenance Agreement between the City of
Shakopee and Scott County for maintenance of CSAH 15, from Vierling Drive to 6 th i
Avenue; and C.R. 77 (Fuller Street), from CSAH 78 to the southern City limits.
BACKGROUND:
Both Scott County and the City of Shakopee Public Works Department have conducted
meetings to discuss the efficiency of the City doing maintenance of certain County I
roadways within the City of Shakopee and how to reimburse the City for those
maintenance services. The attached Standard Road Maintenance Agreement does
address the maintenance to be performed by the City's Public Works Department on
CSAH 15 and on C.R. 77, as described in the agreement and how the City would be �
� reimbursed for those maintenance services. This agreement was previously approved by
City Council on October 2, 2007, and the only change is to extend the agreement to
December 31, 2013.
The main maintenance responsibility, within this agreement, is for the City to provide
snow and ice control activities, surface maintenance such as pavement repair and street
sweeping, drainage maintenance and vegetation control such as mowing, tree trimming
and control of toxic weeds. The City's Public Works Department would not be
' responsible for extra-ordinary maintenance, which is described in the agreement. The
County could ask the City to do such work but a separate agreement would be needed
I between the City and the County to do this work.
The County wi11 reimburse the Cit for actual labor and e ui ment for maintenance
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I activities required in carrying out this agreement. Staff will need to set up the appropriate
financial tracking program in order to invoice the County for those items used in carrying
i out the maintenance activities and also for future potential audits. �
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I The main emphasis for this agreement is to improve the effectiveness of maintenance i
activities for these two roadways within the City of Shakopee, and primarily the snow
' and ice control response time. City staff and County staff have met on a regular basis to
� discuss areas to meet the maintenance responsibilities in a more effective manner for both
parties. City staff believes this is would be a win/win situation, as the City Public Works
Department can effectively maintain these roadways as we have forces in the area in
� order to do the work.
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I ALTERNATIVES:
I 1. Approve a motion authorizing the appropriate City officials to execute the Scott
� County Standard Road Maintenance Agreement for CSAH 15 and C.R. 77.
I 2. Do not authorize the appropriate City officials to execute this agreement. I
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� 3. Table for additional information. �
' RECOMMENDATION:
� Staff would recommend Alternative No. 1. This is a more effective way of performing '
, road maintenance activities for both the City and the County.
ACTION REQUESTED:
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Approve a motion authorizing the appropriate City officials to execute the Scott County
Standard Road Maintenance Agreement for CSAH 15 and C.R. 77.
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Bruce Loney .E.
I Public Works Director
ENGR/2011 PROJECI'S/2011 COUNCII./SCOTT-COUNTY-RD.MAINT.-AGREEMENT
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COUNTY OF SCOTT
� STANDARD ROAD MAINTENANCE AGREEMENT
' THIS AGREEMENT, by and between the County of Scott, Minnesota, hereinafter
referred to as "County," and the City of Shakopee, Minnesota, hereinafter referred to as
� the "City."
RECITALS: '
The parties desire to enter into an agreement relating to the maintenance of
� Gounty State Aid Highways (GSAH) 15 (Adarr�s Street) from Vierling Drive to 6 Avenue
; and CR 77 (Fuller St) from CSAH 78 to the south City limits (turned back CR 77 north of
I the City limits), referred to in this agreement as "county roads" located within or near the
corporate limits of the Gity, upon the terms and conditions set forth below.
NOW THEREFORE, in consideration of the mutual undertakings and agreement
contained within this agreement, the County and the City hereby agree as follows:
1. Scope of Services �
A. The City will maintain those portions of the county roads within or near the �
corporate limits of the City described as follows, to-wit:
CSAH 15 (Adams Street) 3.8 Lane Miles �
Beginning at Vierling Drive thence north on Adams Street to 6 Avenue.
County Road 77 0.78 Lane Miles
Beginning at CSAH 78 thence North to the south City limits.
� B. The maintenance to be performed by the City on the subject county roads
shall consist of the following:
' 1. Maintain said county roads so as to keep them smooth and in good
repair for the passage of traffic and free from all obstructions and
impediments to traffic. Examples of activities authorized under this
agreement are: �
• Snow and ice control activities, such as plowing, applying deicing
materials, winging, scraping or hauling snow
� • Surface maintenance, such as pothole repair and sweeping
• Drainage maintenance such as cleaning catch basins, replacing
broken grates or castings and curb repair
• Vegetation Control, such as mowing, tree trimming or removal '
spraying or mowing noxious weeds, replacing damaged sod, etc.
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2. At all times keep said roads reasonably free and clear from ice,
snow, and debris and undertake sanding/salting as needed to
i achieve bare pavement curb to curb as soon as practicable. Anti
icing prior to an expected event is encouraged to prevent a ;
pavement snow compaction bond. �
3. Maintenance responsibilities and cost participation for traffic signals
are the subject of separate agreements between the City and '
County and are not covered by this agreement. Maintenance of
traffic control devices, such as signs and pavement marking, shall
remain the responsib;lity of Scott County.
4. Furnish all labor, materials, supplies, tools and other items I
necessary for the perFormance of all and any of the work provided ;
i for in this agreement. '
C. It shall NOT be the obligation of the City under this agreement to do any '�
work which consists of extraordinary maintenance, (such as crack sealing, I
chip seals, striping, overlays, lane widening or installation of new signs '
where none currently exist) construction or reconstruction. In the event I
i fi��i�t �F�e C�u��jr �i�c�uiei d��i�e ine Ci�y �o ao any �tacn wo�k, ��ie pa�i�s ,
shall enter into separate agreements for the work. Such agreements shall
be negotiated as far in advance as possible, preferably one year prior to
the anticipated start of the work. '
D. All materials used by the City in the performance of the work hereunder ��
shall conform to the requirements of the Minnesota Department of
Transportation Specifications for Construction, 2005 Edition and all I
amendments and supplements thereto. ;,
E. The City may partially block the county roads subject to this agreement for
the period of time necessary for the perFormance of the services specified
herein. In cases of emergency, such county roads may be fully closed to
traffic. In the case of an emergency, the City shall call 612-790-0827 and �
notify the on-call County Maintenance Supervisor of the situation. At no
time, however, shall the City continue to obstruct the free passage of !
traffic on said county roads for a period of time longer than is reasonably ,
required for making the necessary repairs. Except in cases of
emergency, the City shall first give the County ten (10) days notice to the
Gene Busacker, Highway Operations Supervisor, at 952-496-8478 or 952-
292-3026 before commencing or allowing commencement of such
installation or repairs or fully closing a county road. The City shall provide
a suitable detour at any time it is necessary to close or totally block traffic
from using said county roads. Any non-emergency closure of the county ��
road shall be subject to the conditions of this agreement and shall be
� noticed in advance to the Highway Operations Supervisor. ,
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i F. All partial and total closures of the described county roads shall be carried I
out in conformance with the Minnesota Manual on Uniform Traffic Control
Devises, and the current edition of Appendix "B", Field Manual i
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2. Compensation and Terms of Pavment !
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� A. Compensation I �
� The County shall reimburse the City for actual labor, equipment and I
materials used for maintenance activities required in carrying out this I
agreement and attached Exhibit B shall be used for the equipment rates. ,
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i Total annual compensation under this agreement shall not exceed
$15,OGu uniess otherwise approved by the authorized agent of the
County. !
B. Terms of Payment
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. �i�i� Ciiy 5�iaii 5ub�i�ii a�i i�ivc�i�� 4�i i�i� auih�tiz�U �ge�i �f� i�e i,�u�ifiy i�i�r
i payment of maintenance work completed. The authorized agent shall
i have the authority to review the invoice, and no payment shall be made
without the approval of the authorized agent. Payments shall be made
I within thirty (30) days after receipt of invoice for services perFormed and I,
acceptance of such services by the authorized agent of the County. The i
City shall submit invoices to the County on a six (6) month basis.
(January 15 invoice for work perFormed July through December, and July I
15 invoice for work pertormed January through June.) ,
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3. Condition of Pavment
All services provided by the City pursuant to this agreement shall be perFormed �
to the satisfaction of the County, and in accordance with all applicable federal, ',
� state and focal laws, ordinances, rules and regulations. Payment shall be
withheld for work found by the County to be unsatisfactory, or performed in
violation of federal, state and loca! laws, ordinances, rules or regulations.
4. Effective Date of Contract '
This agreement shall be effective upon County Board approval. �
� 5. Term of Contract
� This agreement shall remain in effect until December 31, 2013 or until all I
obligations set forth in this agreement have been satisfactorily fulfilled or unless '
earlier terminated as provided, whichever occurs first. �
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� 6. Authorized Aqents
Scott County shall appoint authorized agents for the purpose of administration of
! this agreement. The City is notified of the authorized agents of Scott County as
follows: I
Mitch Rasmussen
I County Engineer I
Scott County I
� 600 Country Trail East '
Jordan, MN 55352
952-496-8346 '
Gene Busacker �
�perations Supervisor I
Scott County I
600 Country Trail East
, Jordan, MN 55352 �
952-496-8478 �
The County is notified the authorized agent for the City is as follows: I
Bruce Loney
Public Works Director
City of Shakopee
400 Gorman St. j
' Shakopee, MN 55379
952-233-9361 �
7. Countv and State Audit I
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Pursuant to Minn. Stat. Section 16C.05, Subd. 5(2007), the books, records,
� documents, and accounting procedures and practices of the City relative to this
agreement shall be subject to examination by the County and the State Auditor.
Complete and accurate records of the work performed pursuant to this
agreement shall be kept by the 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 of Scott regarding matters to which the records are i
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 notifies the City in writing that the records need no longer be kept.
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I 8. indemnitv i
I The City agrees to defend, indemnify, and hold the County, its employees and I
� officials harmless from any claims, demands, actions or causes of action, �
� including reasonable attorney's fees and expenses resulting directly or indirectly �
I fram any negligent act or omission on the part of the City, or its subcontractors, I
� partners or independent contractors or any of their agents or employees, in the �
performance of or with relation to any of the work or services to be perFormed or i
furnished by the vendor or the subcontractors, partners or independent
contractor� or an of th�ir a ents or em lo ee� under the a reement.
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The City shall be responsible for the professional quality, technical accuracy, and �
I the coordination of all services furnished by the City under this agreement. The ,
City shall, without additional compensation, correct or revise any errors or
� deficiencies in the City's final reports and services. �
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9. Insurance �
i Tne �iiy snaii mainiain pubiic iiabiiiiy coverage protecting iiseif, its �soara,
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, officers, agents, employees and duly authorized volunteers against any usual I
and customary public liability claims in amounts which shall, at a minimum, �
comply with Minn. Stat. 466.04 and Workers' Compensation and shall be in �
' accordance with the Minnesota statutory requirements. Said policies shall be I
j kept in effect during the entire term of this Agreement.
' 10. Subcontracts i
The City shall not subcontract any portion of the work to be perFormed under this �
agreement nor assign this agreement without the prior written approval of the i
authorized agent of the County. The City shall ensure and require that any
i subcontractor agrees to and complies with all of the terms of this agreement. �
� Any subcontractor of the City used to perform any portion of this agreement shall I
report to and bill the City directly. The City shall be solely responsible for the I
breach, pertormance or nonperformance of any subcontractor.
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i 11. Force Maieure i
� County and the City agree that the City shall not be liable for any delay or I
inability to perform this agreement, directly or indirectly caused by or resulting �
from strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil I
commotion, lack of material, delays of transportation, acts of God or other cause i
� beyond reasonable control of the City and the County. �
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� 12. Data Practices �
I The City, its agents, employees and any subcontractors of the City in providing I
I all services hereunder, agree to abide by the provisions of the Minnesota I
Government Data Practices Act, Minn. Stat. Chap. 13, as amended, and Minn.
� Rules promulgated pursuant to Chap. 13. The City agrees to indemnify and hold �
� the County, its officers, department heads and employees harmless from any �
claims resulting from the City's unlawful disclosure or use of data protected under I
i state and federal laws. I
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� 13. Termination I
This agreement may be terminated by either party with or without cause upon �
� sixty (60) days written notice to the authorized agents of the �ity or t�e i;oun�y. I
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I 14. Independent Contractor �
It is agreed that nothing contained in this agreement is intended or should be �
� consirued as creaiing ihe reiationship ofi a par�ner�hip, a joi�� ve�n�u��, �r ar� �
I association with the County and the City. Neither the City, its employees, i
, agents, subcontractors or representatives shall be considered employees, agents �
� or representatives of the County. Except as otherwise provided herein, the City �
shall maintain, in all respects, its present control over the means and personnel
by which this agreement is performed. From any amounts due the City, there I
shall be no deduction for federal income tax or FICA payments nor for any state I
� income tax, nor for any other purposes which are associated with an I
employer/employee relationship unless otherwise required by law. Payment of
federal income tax, FICA payments, state income tax, unemployment I
compensation taxes, and other payroll deductions and taxes are the sole I
responsibility of the City. �
' 15. Notices I
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� Any notices to be given under this agreement shall be given by enclosing the i
� same in a sealed envelope, postage prepaid, and depositing the same in the I
United States Postal Service, addressed to the City at its address stated herein,
and to the authorized agents of the County at the address stated herein. �
16. Controllinq Law �
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' 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 i
between the herein parties and performance under it. The appropriate venue
and jurisdiction for any litigation hereunder shall be those courts located with the �
County of Scott, State of Minnesota. Litigation, however, in the federal courts �
involving the herein parties shall be in the appropriate federal court within the ,
State of Minnesota. If any provision of this contract is held invalid, illegal or i
unenforceable, the remaining provisions will not be affected. ,
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I 17. Successors and Assiqns
� The County and the City, respectively, bind themselves, their partners, I �
� successors, assigns, and legal representatives to the other party to this I
agreement and to the partners, successors, assigns, and legal representatives of j
such other party with respect to all covenants of this agreement. Neither the
� County nor the City shall assign, sublet, or transfer any interest in this agreement �
� without the prior written consent of the other. i
� 18. Equal Emplovment and Americans with Disabilities �
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� In connection with the work under this agreement, the City agrees to comply with �
� the applicable provisions of state and federal equal employment opportunity and
I nondiscrimination statutes and regulations. In addition, upon entering into this �
agreement, the City certifies that it has been made fully aware of Scott County's �
Equal Employment Opportunity and Americans With Disabilities Act Policy, �
� attached hereto and incorporated herein as Exhibit A through both oral and i
� written communications, that it supports this policy and that it shall conduct its �
own employment practices in accordance therewith. Failure on the part of the �
�ity to conduct its own empioyment practices in accordance wiih �ounty roiicy
� may result in the withholding of all or part of regular payments by the County due �
i under this agreement unless or until the City complies with the County policy, I
� and/or suspension or termination of this agreement. �
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19. Chanqes
� The parties agree that no change or modification to this agreement, or any �
attachments hereto, shall have any force or effect unless the change is reduced i
to writing, dated, and made part of this agreement. The execution of the change
shall be authorized and signed in the same manner as for this agreement.
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I 20. Severability �
I In the event any provision of this agreement shall be held invalid and ��
unenforceable, the remaining provisions shall be valid and binding upon the
I parties unless such invalidity or non-enforceability would cause the agreement to j
fail its purpose. One or more waivers by either party of any provision, term,
I 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. !
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� 21. Entire Aqreement �
� It is understood and agreed that the entire agreement of the parties is contained �
herein and that this agreement supersedes all oral agreements and negotiations !
� between the parties relating to the subject matter hereof as well as any previous ,
agreements presently in effect between the County and the City relating to the ;
� subject matter hereof. �
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IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed !
� intending to be bound thereby. ',
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� ClTY OF SHAKOPEE �
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I John Schmitt, Mayor Mark McNeill, City Administrator �
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� Date Qate '
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' Judy Cox, City Clerk �
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� GC�UN�Y UF SC:U I 1
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' ATTEST: �
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' By By ,
Gary Shelton, County Administrator Thomas J. Wolf, County Board Chair �
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� Qate Date
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Upon proper execution, this agreement RECOMMEND FOR APPROVAL: �
! wili be legally valid and binding. ;
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By By
Susan McNellis, Assistant County Attorney Mitchell J. Rasmussen, County Engineer
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� Date Date �
� APPROVED AS TO EXECUTION: �
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� Susan McNellis, Assistant County Attorney
� Date �
mh-w:\word\agrmt\misc\shakopee_cr 77 and csah 15_road maint 2011.doc
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� EXHIBIT A �
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I PQL[CY STATEMENT I
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� It is fihe palicy af 5cott Counfy Gavernment to provide E�ual Oppor�unity to all ernployees and '
� applicants for employment in accordance with al[ applicable Equa! Employment Opportunity '
laws, directives, and regulations of Federa[, Sta�e, and local gaverning badies or agencies �
thereof, tncluding Minnesota Statutes, Chapter 363. �
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� Scoit Count wiii nat en a e�n an err� lo rnent ractices which discriminate a ainst or
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� harass any employee ar applicant for employment beca�se of race, coic�r, creed, religion, '
I national origin, sex disability, aae, martial status, sexual orientatian, or status with regard to I
I public assistance. Such empiayment practices inc�ude, but are not lirr�ited to, the fa�lowing: I
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, fayaff,
disciplinary actian, fermination, rates of pay ar other forms of compensatian, ar�d sefection for I
training, inefuding apprenticeship. �
� r i�'iCi" SCuii CC�i.ii i�y iUl{ji SuN�uiiS ii iCCri �Gi a�ivii vi i iGi iufSi.i iti �iiluii0i i rul�s a� �� re�u�at��� �s i
i into contracts and will commit the necessary time anci resources to achieve fhe goals of Equa! I
Emplayment Opportunity. �
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� Any employee of the Caunty wha does not comply with the �quaf Empfoyment Oppartunity I
Policies and Pracedures set forth in this Statement and Plan will be subject tfl disciplinary !
action. Any s�bcontractor of the County not complyin� with all applicable Equaf Employment i
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I Opportunity laws, directives, and reguEations of Federal, State, and facal governir►g bodies or �
� agencies thereof, including Minrresota Statutes, Gh�pter 363, will be subject to appropriate �
� contractual sanctions. �
� Scott County has designated the Ernployee Retations Directar as the manager of the Equal �
Opportunity Program. These res�onsibilities wi{I include rr�onitaring all Egua! Employrnent �
i Opportunity activities and reporting the effectiveness of this prograrn, as required by Federal,
� S#ate, and lacal agencies. The Scatt County Administrator wi[I receive and review reports on l i
� the progress of the program. !f any employee or applican# fo► employment believes he or she �
has been cliscriminated against, please contact the S�cott Caunty Employee Relations Director, �
Seott County Ernpkoyee Relations, Government Center Room 201, 200 Four�h Avenue West,
Shakopee, Minneso�a 55379-1220, or call (952) 496-8103. �
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i ary . Sheiton Date Thomas J. Wolf � Date i
Scott County Administrator Chair, Board of Commissioners
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� EXHIBIT B
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� Maintenance Agreement CR 77 and CSAH 15
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EQUfPMENT RATES for Maintenance Agreement
j City of Shakopee and Scott County
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� RATE WITH
� DESCRIPTION OPERATOR
' PER HOUR
I 4WD Loader $ 95.00
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i (with or without attachments)
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� Single Axle Dump Truck 105.00 i
� Motor Grader 135.00 �
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� Pick-Up Sweeper 85.00 �
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Single Person Aerial Bucket Truck 65.00 �
� Two Person Aerial Bucket Truck 75.Q0 I
I Tractor Loader Backhoe 90.00 �
Skid Steer 67.00 �
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Jetter 85.00 I
I VacuumTrailer 85.00
I 85 HP Mower Tractor with Side and Rear 72.00 �
60"-84" Turf Mower 55.00 �
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These Rates will be effective through December 3'I, 2013 and may be updated by request provided
i they are approved by both authorized agents. �
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I Bruce Loney, City of Shakopee Date �
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' Mitch Rasmussen, Scott County Engineer Date �
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