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Home My WebLink About9B Amend Coop Agreement for CR 12 O� p ��+P � V "� 4646 Dakota Street SE Prior Lake. MN 55372 �INNE5 CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 25, 2013 AGENDA #: 9B PREPARED BY: LARRY POPPLER, CITY ENGINEER/INSPECTIONS DIRECTOR PRESENTED BY: LARRY POPPLER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE COUNTY STATE AID HIGHWAY 12 IMPROVEMENT PROJECT (CITY PRO- JECT #12-002): DISCUSSION: I ntroduction Since 2007, the County has been reconstructing portions of County State Aid Highway 12. The County and City have been working to complete this final seg- ment from Stemmer Ridge Road to CSAH 17. Tonight the purpose of this agenda item is to approve an amendment to the Cooperative Agreement with Scott Coun- ty for this final phase of CSAH 12. Histo The City uses the Five Year Capital Improvement Program to plan its infrastruc- ture improvements and the financing for capital improvements. The Sunset Ave- nue and County Road 12 projects propose to extend utility connections to proper- ties on Sunset Avenue and on County Road 12 west of Stemmer Ridge Road. Many of these properties are experiencing failing septic systems and desire City services. On April 7 2007, the City and County entered into a Cooperative Agreement for County State Aid Highway 12 Improvements. The Cooperative Agreement includ- ed all four phases of the project including this final phase of construction. The Cooperative Agreement discusses the relationship between the City and County on the CSAH 12 project. Per the original Cooperative Agreement, the County is the lead agency responsible for building CSAH 12. The City is a funding partner on the project. At its August 27, 2012 meeting the City Council adopted Resolution 12-125 au- thorizing staff to prepare a Feasibility Report for the County Road 12 Improvement Project as outlined in the CIP and required for the Minnesota Statutes Chapter 429 process. The Minnesota Statutes Chapter 429 process is required because the City Council intends to specially assess for the improvements. County Road 12 includes improvements to Sunrise View, Hillside View, Hilltop Ad- dition, Kalscheuer's 1 St Addition, and Part of S5, T114, R22. A portion of these properties were originally platted and developed in 1927. The proposed improve- ments include the extension of sanitary sewer and watermain, street reconstruc- tion, storm sewer, storm water quality, concrete curb and gutter, and appurtenant work. On October 8, 2012, Council adopted Resolution 12-168 accepting the Feasibility Report and a Public Hearing was held on November 13, 2012 for the project. The City Council passed resolution 12-181 ordering the improvements. Current Circumstances Since November, the County has been busy finalizing the plans and bidding the work. On March 12� 2013, the County received bids for the project. The low bid was from Northwest Asphalt from Shakopee, Minnesota. This low bid was $500,000 under the engineer's estimate. The bid prices were used to compute the assessment amounts as well as the City and County cost share. The City and County agreed to amend the Cooperative Agreement once final de- sign plans and costs were completed for each phase. An attached resolution au- thorizes an amendment to the Cooperative Agreement that sets out the City's cost share for this phase of the project. In upcoming meetings, the City Council will review the final assessment amounts and hold an assessment hearing. The City is working with the MPCA on the de- termination of grant eligible funds. This determination will help determine the final assessment amounts. Conclusion City Staff recommends approval of the attached resolution amending the Cooper- ative Agreement. ISSUES: Street Liqhtinq Street lighting is included in the cost for the project and is funded by Assessments and Tax Levy. The pricing from Xcel Energy for street lighting is quoted as $43,115.69 for 12 lights. The cost per light is computed as $3,593 per light. This provides the shoebox style lights consistent with the lights already constructed on Phase 2 and Phase 3 of County State Aid Highway 12. Since this is a County Roadway, these taller shoebox style lights are standard. The Phase 1 construction of County State Aid Highway 12 (Howard Lake Road to Stemmer Ridge Road) was completed in 2007 and did not include street lighting. Xcel Energy has provided a quote for the installation of street lights on this seg- ment as well. The pricing is $27,987.08 for 8 shoebox style lights consistent with the street lights already instalted on Phase 2 and Phase 3 of County State Aid Highway 12. The price per light is computed as $3,498 per light. Tax Levy would be utilized to fund these additional lights on the Phase 2 segment of County State Aid Highway 12. City Staff recommends installing the shoebox style lights on this segment of County State Aid Highway 12 consistent with the other segments of County State Aid Highway 12. Wetland Enhancement The CSAH 12 and Sunset projects are both required to meet flood protection and clean water goals by adhering to design standards that spell out peak discharge rates, water volume control, annual total suspended solids and annual phosphorus discharge. These design standards are generally met through project or site spe- cific capital improvements such as stormwater conveyance pipes, stormwater ponds, bioretention basins and infiltration basins. When these types of facilities 2 are planned on a project by project basis for linear road reconstruction, the local road authorities can be forced to implement expensive underground facilities or acquire nearby property to retrofit these improvements into the system. Because of the proximity of the two projects, an opportunity has been created to provide a joint stormwater system that meets and exceeds the required flood pro- tection and clean water standards. The wetland enhancement project is sited in the southeast quadrant of County Roads 12 and 17 and to the west of Sunset Av- enue. This area is currently a wetland with marginal natural resource benefit and includes an agricultural drainage ditch. The wetland is currently used for a hay crop and the ditch to drain the land and convey water quickly across the site downstream to Spring Lake. The proposed plan provides a restored terraced wet- land, with tree lined pools surrounded by prairie grasses and wildflowers. The pools would overflow to connect to one another. The concept would have the po- tential to enhance the flood control and clean water function of the required public improvement while providing a variety of additional community benefits such as: a natural aesthetic, wildlife habitat, a passive recreational feature with a sense of place located on a major county trail corridor. In addition, the choice to go away from a standard site by site approach to a re- gional system allows the City and County to expand the partnership to include the Prior Lake Spring Lake Watershed District (PLSLWSD) and the MN Board of Wa- ter and Soil Resources (BWSR). Because Spring Lake is listed as an impaired body for water quality and the local watershed completed a Total Maximum Daily Load (TMDL) study and implementation plan, this area is the subject of additional water quality funding through local and state grants. The ability for this site to provide storage and clean water retrofit opportunities tributary to Spring Lake and enhance a wetland that serves as part of the regional drainage system makes it an ideal candidate for PLSLWSD and BWSR funding. As part of the reconstruction within this area, a large wetland enhancement project is proposed at the intersection of County Road 12 and Sunset Avenue. This facili- ty will serve the County Road 12 project and Sunset Avenue project as well as an upstream 60 acre agricultural area. As the wetland enhancement project has evolved, the cost of the project has increased from the original estimate of $347,000 to $555,963.52. The cost to purchase the property was significantly more than originally anticipated. While the City received good bids for the project, the amount of soil removal was also quite a bit larger than the original concept plan as the concept plan was completed prior to the topographic survey for the project area. In the final design analysis the grades needed to be lowered to ac- commodate the drainage from Sunset Avenue. Water Quality dollars assigned during the CIP process were proposed to be utilized to fund these improvements in partnership with the Prior Lake Spring Lake Watershed District, Scott County, and the MN Board of Water and Soil Resources. Below is a table describing the costs for the wetland enhancement project: 3 Wetland Pro'ect Costs: Land Ac uisition $232,758.00 Closin Costs $2,133.73 Desi n $37,000.00 Construction Water Qualit Items $203,099.19 Native Seed and Plu s* $42,500.00 Amenities $6,689.50 Construction Admin. $16,783.10 Wetland Maintenance* $15,000.00 TOTAL $555,963.52 *Work done separately by PLSLWSD once area graded. Wetland Pro'ect Fundin : Original Final Costs Costs Ci of Prior Lake Water Qualit Fund $120,000.00 $120,000.00 Park Dedication Credit $33,750.00 Closin Costs $2,133.73 Additional Needed $79,008.00 $234,891.73 Prior Lake Spring Lake Watershed District Clean Water Fund Grant $72,000.00 $72,000.00 Ca ital Im rovement $80,000.00 $80,000.00 Permit Fee $2,500.00 Additional Needed $74,788.69 $229,288.69 Scott Count Construction $75,000.00 $75,000.00 Additional Needed $16,783.10 $91,783.10 TOTAL $347,000.00 $555,963.52 The City purchased the property in December of 2012 for the costs shown under the City of Prior Lake funding above ($234,891.73). The remaining costs under the Prior Lake Spring Lake Watershed District and Scott County funding are for physical improvements to the site. As you can see by the table above, it is pro- posed that the City and Watershed District share in the additional expense for the wetland enhancement project. The County contribution was determined based on an original design to meet the stormwater requirements for the project. Rather than construct an additional stormwater feature, the County decided to team with the City and the Prior Lake Spring Lake Watershed District on this more regional facility. The added benefits of the regional wetland enhancement project as de- scribed in the above paragraphs are listed below for ease of review: 1) Water quality and volume control for County Road 12 to meet stormwater rules 4 2) Water quality and volume control for Sunset Avenue to meet stormwater rules 3) Treatment of Agricultural runoff now rather than waiting for future devel- opment 4) Completion of part of the components of the TMDL Implementation Plan 5) Natural City Park feature with trails, wetland plantings, and trees. 6) Wildlife habitat 7) Educational opportunities 8) Dissolved phosphorus removal as a part of the iron enhanced sand filtra- tion Understanding that the costs for this part of the project have exceeded early esti- mates, the City has several options regarding the wetland enhancement project: Option 1— Abandon Wetland Enhancement Project - The City can abandon the wetland enhancement project due to cost, however the City has already pur- chased the property so the costs to the City are already expended. If we choose this option and do not complete the wetland project, our project partners can't par- ticipate in the costs which the City has already expended. In addition, the City would be responsible for the $37,000 in the design costs for the project as these are also already expended. The City would also be required to design and install other water quality features to meet the City and Watershed District rules. Option 2— Modify the Wetland Enhancement Project — The current design maxim- izes the site for the benefit of water quality. However, the design could be modi- fied to reduce the amount of soil removal. New design costs will be incurred for the re-design. The revised design could potentially reduce the amount expensed, but will reduce the amount of water quality benefit. This alteration could make the project ineligible for the $72,000 from the Clean Water Fund. Option 3— Re-bid the Wetland Enhancement portion of the Project — The City could remove the wetland enhancement project from the overall County State Aid Highway 12 Project and re-bid the wetland enhancement work separately. After reviewing the bid pricing on the project, it appears the costs associated with the wetland project are reasonable and staff believes it is unlikely that re-bidding the project will result in significantly reduced cost. Because the wetland project was bid with a larger highway construction job, the pricing was competitive. Option 4— Delay the Wetland Enhancement Project and Re-bid in the Future — The wetland enhancement project could be delayed and re-bid in the future, but the City would be responsible now for the $37,000 in the design costs as well as the purchasing costs already expensed. Because we have multiple project part- ners including Scott County, the MN Board of Water and Soil Resources (BWSR), and the Prior Lake Spring Lake Watershed District, it may be difficult to line up funding in the future from these other agencies. This loss of momentum may mean the wetland enhancement project may never happen. The BWSR Clean Water Fund grant must be expensed in 2013 or the funding is lost. Option 5— Accept Current Bid and Dedicate Additional Funding — The City could fund the additional amount as shown on the above table and complete the wetland project as designed. This amount is already expensed from the Construction Fund. Additional Water Quality Funding or Tax Levy could be used to fund the 5 shortfall and reimburse the Construction Fund. The Prior Lake Spring Lake Wa- tershed District must also approve an additional expense of $74,788.69. City Staff recommends Option number 5 for the wetland enhancement project. The water quality benefit for this project is significant for this 60 acre watershed area. The construction cost of $205/pound of phosphorus/year (30 yr. calculation) remains competitive when you compare this project to other urban water quality projects. Rain gardens or infiltration basins for example have construction costs $400 -$600/pound of phosphorus/year. Once the project is constructed it will have immediate benefits to Spring Lake water quality as well as any water bodies downstream of Spring Lake. The City is already heavily invested and the County and Watershed District are also committed to completing this project. The Water- shed District will be discussing this project at their upcoming Board Meeting on Tuesday March 26 FINANCIAL The County State Aid Highway 12 Improvement Project is proposed to be fi- IMPACT: nanced by Special Assessments, Tax Levy, Municipal State Aid, Water Fund, Sewer Fund, Trunk Fund, Water Quality Fund, Scott County, and a Clean Water Grant. Funding sources and amounts are as shown below: Assessments* $352,461.54 Tax Lev ** $53,594.12 Munici al State Aid $181,707.97 PFA Clean Water Grant*�`* $117,407.27 Water Fund $61,304.39 Sewer Fund $26,405.90 Sunset Ave. Assess $21,934.82 Trunk Fund $605,015.78 Water Qualit Fund $201,141.73 Park Dedication Credit $33,750.00 WSD Grant $229,288.69 Scott Count **** $1,291,604.06 Pro'ect Total Cost***** $3,175,616.27 *Final assessment figures will be shared at an upcoming City Council meeting ** Includes $27,987.08 for street lighting for CSAH 12 Phase I. ***Final determination on the Clean Water Grant amount will occur in the next few weeks. The final amount will affect the Sewer Operating Fund and Assessments ****County Construction cost. Does not include right of way costs or County Ad- ministration. ***"*This compares to the original estimate computed as $3,364,560. The attached resolution amends the 2007 Cooperative Agreement with Scott County. The City cost share payable to Scott County for this project is $1,470,297.73. The City will be reimbursed by the Prior Lake Spring Lake Water- shed District for the construction cost of the wetland enhancement project in an 6 amount of $178,082.35. A separate agreement with the Prior Lake Spring Lake Watershed District will be prepared and presented to the City Council at a later date. ALTERNATIVES: 1. Approve a resolution approving an amendment to the Cooperative Agreement with Scott County for the County State Aid Highway 12 Improvement Project (City Project #12-002) 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item until some date in the future. RECOMMENDED Staff recommends alternative #1. This requires the following motion: MOTION: A motion and second to approve a resolution approving an amendment to the Co- operative Agreement with Scott County for the County State Aid Highway 12 Im- provement Project. 7 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 13-xxx A RESOLUTION APPROVING AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE COUNTY STATE AID HIGHWAY 12 (CSAH 12) IMPROVEMENT PROJECT CITY PROJECT #12-002, SAP 070-612-011 Motion By: Second By: WHEREAS, On April 16, 2007 the City Council approved a Cooperative Agreement with Scott County for the design, engineering, construction, and funding for the CSAH 12 Project; and WHEREAS, The Cooperative Agreement contained an estimated cost for the CSAH 12 Project; and WHEREAS, The Final Design Plans are consistent with the City’s Preliminary Engineering Report and previous approvals by the City Council; and WHEREAS, Scott County received bids on March 12, 2013; and th WHEREAS, Bid pricing has been used to compute the revised project costs; and The City of Prior Lake’s share of the cost of the Project is allocated as follows: WHEREAS, City Costs Roadway and Storm Sewer Construction $332,017.91 Sewer and Water Construction $1,087,813.90 Wetland Enhancement Project* $464,180.42 Total City Cost $1,884,012.23 *Includes Prior Lake Spring Lake Watershed District contribution The proposed City funding sources for this project are identified below: City Funding Assessments $352,461.54 Tax Levy $53,594.12 Municipal State Aid $181,707.97 PFA Clean Water Grant* $117,407.27 Water Fund $61,304.39 Sewer Fund $26,405.90 Sunset Ave. Assessments $21,934.82 Trunk Fund $605,015.78 Water Quality Fund $201,141.73 Capital Park Fund (Future) $33,750.00 Prior Lake Spring Lake Watershed District $229,288.69 Total City Funding $1,884,012.23 * Final determination on the Clean Water Grant amount will occur in the next few weeks. The final amount will affect the Sewer Fund and Assessments. http://splash/teams/am/October 4 2010/March 25, 2013/CSAH 12 Coop Ag. - Res1 (JE Revisions).doc NOWTHEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1.The recitals set forth above are incorporated herein. 2.The Cooperative Agreement is amended and approved to include the City’s cost share of the new project costs developed as a part of the Final Design Plans. 3.The City of Prior Lake shall reimburse Scott County $1,470,297.73 for the County State Aid Highway 12 Improvement project. This amount excludes the City’s Administration and Engineering Costs for street and utility construction of $50,220.00, street light installation costs of $43,115.69 for phase 4, street light installation costs of $27,987.08, and wetland enhancement project costs of $292,391.73. Construction costs will be recorded in the Construction Fund (#501-48375-501) for County State Aid Highway 12 from Stemmer Ridge Road to County State Aid Highway 17. 4.City Staff is authorized to transfer the following amounts to the Construction Fund #501-39203:  Water Fund ($ 61,304.39) #601-49303  Sewer Fund ($ 26,405.90) #604-49303  Water Quality Fund ($ 201,141.73) #602-49303  Trunk Fund ($ 605,015.78) #502-49303  Capital Park Fund ($ 33,750.00) #225-49303 5.The transfers from the Water Quality Fund and the Capital Park Fund are effective 12/31/2012 to coincide with the 2012 land acquisition for the wetland enhancement project. 6.Proceeds from the bond sale, Clean Water Grant, and Municipal State Aid will be deposited in the Construction Fund. PASSED AND ADOPTED THIS 25DAY OF MARCH 2013. TH YES NO Hedberg Hedberg Keeney Keeney McGuire McGuire Morton Morton Soukup Soukup ______________________________ Frank Boyles, City Manager 2 County Project No. C.P. 12-02 County of ScottlCiry of Prior �.ake CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, �nade and entered into tliis day of , 20_, by and betweeu tl�e Couuty of Scott, a bady politic and corporate under the laws of the State of Minnesota, hereinafter referred to as tl�e "County" and t�xe City of Prior LAke, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred fo as fhe "City". RECITALS: A. The County a�id the City seek to improve County State Aid Highway (CS�H) 12 fi•om Walmit Avenue SW to Trunlc Highway (TH) 13 and from approximately 233 feet west of, to approxiinately 217 ft east of, tlle east Park boundaiy of Spring Lake Regional Park, as shown on the County Engineer's plans for C.P. 12-02 and C.P. 12-06 (SAP 70-612-410) which irnpravement conte�nplates and includes grading, aggregate base, plant-mixed bituminous pavement, concrete curU and gutter, storm sewer, sidewalk, landscaping and other related improveme�its (hereinafter referred to as the Project). B. The above described Project lies within the corporate li�nits of the City. C. The Coun#y Engineer has heretofore prepared an es#imate of quantities and unit prices of material and labor for the above described Projects and an estimate of the total cost for contract work in the approximate sum af Two-Million-Four-Hundred-Thousand-dalIars ($2,400,000). A copy af said esti�nafe (markeci ExhiUit "B" is attached hereto and �nade a part laereaf, D. The City proposes ta inciude utility improvements, in conjunction with C.P. 12-02 and C.P. 12-06 (SAP 70-612-010), which improvements contemplate and iiaclude watermain and sanitary sewer and are included in the plans for C.P. 12-02 and C.P. 12-06 (SAP 70-612-010) and which utilily improvements are i�icluded in the Estimate far C.P. 12-02 and C.P. 12-06 (SAP 70-b12-010), �xhibit « E. Tlie County and City fiu�ther seek ta improve CSAH 12 from CSAH 17 to Watnut Avenue SW within the next three to five years (2010-2012) under one or n�ore projects: C.P. 12-03/SA�' 70-612-011 (CSAH 17 to Stemrner Ridge), current total estimated construction cost of $3,000,000 (City's cu�7ent estimated s}�are is $1,500,000); and C.P. 12-0�/SAP 7a-612-412 (Spring Lake Regiottal Park to Walnut Avenue), cui�ent total estimated constiuction cost of $3,00�,000 (City's cui7ent estirnated share is $1,004,000}. 1 Caunty Project No. C.P. 12-02 County of ScoftlCity of Prior Lake F. A portion of C.P 12-�2 is fiinded by the State of Minnesota Depa��tment o£ Transpoitation (MnDOT), for work on TH 13 and the Elm Avenue extension in a Lump Sum amount not to exceed Eight- Hundred-Sixty-Thousand dollars ($860,000). G. Tt is contemplated that said impa•ovement �rox•k s1Ta11 be cai�ried o�►t by the parties under the provisions of Miiu� .Stat. 162.17, subd, l, NOW, THEREFORE, IT IS HEREBY AGREED: 1. The County or its agents shalt advertise for bids for the woxk and consti�uctioai of the aforesaid Project C.P, 12-02 and C.P. 12-06 (SAP 70-612-010), receive a�id open bids pursuant to said advei�tisement and enter into a cont�•act tivith the successfial bidder at tl�e unit prices specified in the bzd of such bidder, accordi��g to law in suc}� case provided for counties. Tha contract is in fot•m and includes the plans and specifications prepared by the County or its agents, wl�ich said plans and specificatious are made a part hereof. 2. The County shall have overall authority to administer tlae contcact and i�ispect the construction of the contract work for tlie Project. The Cot�nty shall have ultimate authority in initiating and determining change orders, supplemental agree►nents aaid final quat�tities. Tlie City Engineex• slaatt cooperate with tlie Couniy Engineer and his staff at their request to the extent necessaiy, but shall have no otlier responsibility for the supezvision of the work, cxcept for the consh�uction eiigineei�ing reiated to the City's sanitaiy sewer and watermain improvements. � 3. The Ciry shall reimburse the County for its share in tl�e construction cost of the contract work for � said Project C.P. 12-02 and C,P. 12-06 {SE1P 70-612-010) and tlie total final contract construction cost shall be a�pQrtioned as set forth in the Division of Cost Summary in said Exhibit °B" attached hereto. It is further agreed that the �stimates referred to izi this agreenxent are estimates of the constructian cost for the contract �vork on said Project C.P. 12-02 and C.P. 12-06, anci that fhe unit prices set foi�th in the contraot with the successful bidder and the 6na1 quantities as measured by tlie Couj�ty Engineer shall govern in computing the total finai contract construction cost for apportioning the cost of said Project aecording to the provisions of this paragrapiZ. The County and the City shall pat�ficipate in the cost of tl�e storm sewer consti�zction as shown in Exhibit "B" and per the Scott County Higliway Deparfnlent's "Policies for Cost Pai�ticipation with Municipalities." k I 2 � ; County Project No. C.P. 'i2-02 County of Scoft/City of Prior l.ake �F. In addition to paymenf of the City's proporfionate share of the contract construction cost, tlie City further agrees to participate in the Prelimina�y Engir�eering, which includes all casts of planning, design, and preparation of plans and specifications, in an amount of ten pe�•cent (10%) of tl�e City's total cost of constr�,tction for roadway, storm water improvements, and utilities. The City further agrees to participate in the ConsUuction Engineering for the roadway and storm water improvements, which includes the completc staking, inspection and supervision of the roadr�vay and sto�•in water improvement const�uction, in au ainount of eight percent (8%) of the City's final roadway aiid storm water improvemenfs contra.ct cost. The City shall provide Consti�uction Engineering for tlie City's sanifaty sewer and watertnain improvements, which includes the staking, inspection, testing and supervision af the City utility consttuction. The City furtlier agrees to participate in the administration of the City utitity constiltction, which iY�eludes cflordination r�vith the contractor, processing of payments, and preparation of coiitract doct�ments (confracf/ci2ange orders/suppleme�atal agreements) in an amotuit of three percent (3%) of the final Cify utility contracf amount. 5. The City shall, l�ased on the contract price, deposit with tlze Scott County Treasurer one hundred percent (100%) of tha estiinated City's share of the conshuction ai�d engineering costs as partial payment within thirty (30) days aftex• award of contract and execution of this Agreement, whichever is later. Tlie �nai amount of the City's shara of construction and engineering costs af the Project shall be determined and any aiixount due paid to the County upon completion of the P�•oject and subtnittal to the CiTy of the County's final, itemized, staternent of the Project costs. In the event the initial payment exceeds tAe Ciry's share of these final costs, suc�i overpayment shall be returned fo the City by the County. 6. The Couiity Engijzeer shall prepare monthly progress reports as provided in the specifications, A copy of these repoi�s shall be furnished to the Ci#y upon request. 7. The City shall reimburse tl�e County $375,000 for the acquisition of Elm Avenue righf-of-way. The City shall reimburse the County $2'15,004 as part of this agreeinetxt, in addition to, and inciuded with the pay�nent as stipulated in item No.S above. Upon execution of this contract the Coui�ty sl�all convey the remnant parceI reinai�iing from the Elni A�venue acquisition to the City. The Cify shall endeavor to dispose of this p�•operty in an expedient manner. The City has expended $2�,000 for the abatement and deinolitian of the buildings on the proper[y and this amoant will be deducted from the ren�aining $100,400 due to Scott County. Upon sale of this property the City shall rei�nburse the County the remaining $76,000. The County recognizes that the City may delay the sale based on market conditions to maximize the sale price. Should the Cify fail to sell the propei�ty prior to the aforamentianed fuhice County Road 12 projects, C.P. 12-03 and/or C.P. 12-0�, cui�ently scheduled for 2010, the City sha11 reimburse the Couz�.ty the $76,000 in conjunction with those projects. 3 County Project No. C.P. 12-02 County of ScottlCity of Priar Lake 8. The City recognizes that roadway and storm water i�nprovements included in C.P. t2-06, adjacent to Spring Lake Park are needed, and the County recognizes they tvere nat included in the City's Capital Improvement Progra�n until 2010. �or this reason, the City's poi�tion of the roadway and storm water improvements iiiciuded in C.P. 12-4b shall be deferred until the aforemeutioiied future County Road 12 projects C.P. 12-03 and/or C.P. 12-04. No payment shall be made by the City at this time for tlie roadway and storm water improvemenfs included in C.P. 12-06. However, tne City shall include, as pa�� of the payment stipulated in Item No. 5 above, payment for City utility construction included in C.P. 12-06. � 9. Tliis Project inchides storm water pond oversizing and City trail coustiuction. The City fiirther�agrees ' these are I00% City costs. The current estimated costs for this work are $�6,250 for storm water pond ovexsizing and $�,986 for trail improvernents. If the City decides not to have this woz•k performed in conjunction with the County construction cont��act they shal! notify the County in a timely fasl�ion, and in no case later th�n tl�e Pre-Conshliction Conference. If this work F5 pei�ortned in Ca11Jli11Ct1QF1 Wltll tI1B Cotuity co�ishltcfion contract, final payment will be Uased on final quantities as stipulated in Item No.3 above. I4. In #he event tl�at a dispute arises, the County and tlie City agree that all disputes between them arising out of or relating to this agreement sha11 be submitted, upon agreement of both pai�ties, to mediation, �vith the cost being shared equally. � , Since each party recognizes each afiier as a political subdivision of the State of Minnesota, each party � shall maintain genera! liability and auto�nabile liability cove��age protecting itself, its officers, agenfs, employeas and duly autliorized volunteers against any usual and customaiy public liability elaitns to the limits prescribed under Mitui. Stat. 466.04 and Workars' Co�npensation and shall be in accordance with the Minnesota sfatu#oty reqttirements. Said policies shall be kept in effect during the eiitire term of this Agreement. � 11. All records kept by the City and the County rvith respect to the Project shall be sttbject to exatninafion by the represei�tatives 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 Miruiesota Statutes Chapte�• 13, as Amended, and the Mit�esota Rules implementing such Act now in force or hereafter adopted. 12. The County resez•ves tlie rigl�t not to issue any permits for a period of five (5} years after completivn of tl�e Project for any service cuts in the roadway surfacii�g of the Caunty Highway included in the Project for any installation of uudergrotind utilities which would be considered as new work; service cuts shall be altowed for the maintenance and repair of any existing undergrot�nd utilities. 4 County Praject No. C.P. 12-02 County of Scott/City of Prior Lake 13. The City fui�ther agrees to paovide any and all perznanent or temporaty right-of-way on City owned property needed by Scoit County foz� the completion of the Project. 14, The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of the Project. l5. Upon completion of the Project, tke County, at its expense, sl�all place tlie necessaiy signs and the City at its expense, shall provide the enforcement for the prohibition of on-sh�eet parking on that portion of CSAH 12 constiucted under the Project. No modification of tlie above parking restrictions shall be made without first obtaining a resolution fiom the County Board of Connmissioners permitting said modification. 16. Upon completion of fhe Projecf, the City, at its expense, shall maintain all �vater quality shlictures, including ail stoF•m wafer qualiiy (NURP) ponds and infilh•ation basins. 17. Neithez• the County, its officers, agents or employees, aither in their individual or official capacity, shall be responsible or liable in any mant�er to the City for any claim, demand, action or cause of action of any kiizd or character arising out of, allegedly arising out of or by reason of the perFormanc�, negliger�t performance oi• ' no�ipe�•forn�ance of the described maintenance, restaration, repair or replacement work by the City, or arising out of the 3�egligence of any cantractor under any contract let by the Ciry for fhe perfoi7nance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless fiom all claijns, demands, actions or causes af action arising out of negligent performance by the City, its off cers, age��ts or employees, 18. I# is fui�ther agreed that neither tlle City, its officers, agents or einployees, either in their indivicival or official capacity, shall be responsible or liable in any manner to the County for any claim, deniand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negtigent performance fl�• nonperformaiice of the described maintenance, restoration, repair or �•eplaceineiat wQrk by flie County, or arising out of the negligeiiee of any contractot� 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 empioyees harniless fi•om all claims, demands, actions or causes of action arising out of negligeiit perforFnance by the County, its officers, agents or employees. 5 County Project No. C.P. 12-02 County of ScottlCity of ['rior �.ake 19 It is further agreed that each pa�.�ty to this Agreement shali not be respoi�siUle or liable to the other or to any ofher person or entity for any cIaii��s, damages, actions, or causes of actions of any kind or cl�aracter arising out of, allegedly arising out of or by reason of the perforinance, negligent �erformance or nonperfoiniance 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 cominei�ced for the purpose of assei�ting any claim of whatsoever character arisi�ig in connection with or by virtue of perfazmance of its own work as provided �ierein. 20. Tt is fiu agreed that any and ail employees of the City and a11 other persons engaged by the City in the performance of any work or seavices required oi• provided l�erein to be perfo�•med by the City shafl not be considered e�nployees, agents or independent cont�•actors of the CQUnty, and that any and all ciai�ns that may or might arise under ttie Wo�•ker`s Compensation Act or the Unemployment Compe�isation Act of tlie State of Minnesota ofi behalf of said Cit�� employees while so engaged and any and all claims made by any #hiz•d pas�ies as a consec}uence of any act or oinission on the part of said City einployees while so engaged shall be the sole responsibility of the City and shaIl not be tlte obtigation or responsibility o£the County. Any and all employees of the County and all other persons engaged by the County in the perfoimance of any work or services reqitired or provided for herein to be perforined by the County shall not be considered emplayees, age�tts or indepei�dent conkactox�s of the City, aud tl�at any and all claims that may or might arise under the Warker's Compensation Act or the UneznplQymezrt Compensatiou Act of the State of Minnesota on behalf af said County employees while so engaged and any and all claims made by any tl�ird parties as a consequence of any act or omission on t�1e pat�t of said County employees while so engaged shall be the sole responsibility of tlie County and shall jxot Ue the obligation or �•esponsibility of ihe City. 21. The provisions of Minn. Stat. 18I.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirrz�ative action policy statement of Scott Coi�nty shall be considered a pat of this Agreement as though fully set forth herein. See E�s.Y►ibit "A". 22. Pursaant to Minn. Stat. Sec. 16C.05, subd. 5(2004), the books, records, documents, and accounting proeedures and practices of the County and City pursuant to this agreement shall be subject to examination by the County, City and the State Audifor. Coinplete and accurate records of fl�e work performed pursuant to this Agreement slaall be kept by the County and City for a minimum of six (5) years following termination of tl�is Agreement for such auditing puz•poses. The re#entio�i period shall be antomatically extended ducing the course of any administrative or judicial action involving the Couniy or the City regarding matters to which the records are relevant. The retention period shall be automaticaIly exfended unfil the administrative or judicial action is fi�ially completed or until the authorized agent of the County or City iiotifies each party in writing fhaf the records no longer need to be kept. 6 County Project No. C.P. 'f2-02 County of ScottlC�ty of Prior Lake 23. The City acknowledges by approving and executing this agreement that the County has expended fiinds on the City's bet�alf and that the City is liable for a portion of tl�e costs for design and right-of-way acquisition related to the aforementioned ittture CSAH 12 projects C.P. 12-03 and C.P. 12-04. Because these future }�rojects are scheduled to be coinpleted in 2010 ai�d due to changing policies it is not prudent to estimate detailed cost shares at this time. However, because design l�as been completed and previously approved by the City for these projects, tlus agreeinent incorporates projects C.P. 12-03 and C.P. 12-04 and shall be amended as appropriate in the future to incorporate detailed project estimates and cost shares. 24, The laws of the State of Minnesota sl�alt govern aIl questiaus and interpretations concerning fl�e validity and consh'uc#ion of this Agreement and the legal relations between the pai�ties and performance under it. The appropriafe venue and jurisdiction for any litigation heretuider will be those courts located witli 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 ag��eement shall be heid invalid and unenforceable, the remaining provisions s1�aII be valid and buiding upon the parties unless such invalidity or non-enforceabiiity would cause the Agreement to fail its purpose. One o� more waivers by eitlter party of a�iy provision, term, condition or covenant shall not be construed by tlie other party as a waiver of a subsequent breach of fhe same by the other party. 26. The County's Authorized Agent for the purpose of the administration of this agreement is Maria A. Heller, Pubtic Works Teclv�ician, or her sttccessor, Hea• current address and phone number are Scott County Highway Department, 600 Country Trail East, Jardan, MN 55352, {952} 496-8369. The City's Authorized Agent for the puipose of fhe adininistration of #his agreement is Frank Boyles, Cify Manager, or his successor. His cu�y�ent address and phone nutnber are 4646 Dakota Avenue, Prior Lake, MN 55372, (952) 447-4230. Any change in name, address, or telephone shall be noticed fo fkie other party. 7 TN TESTIMONY WHEI2EOF, The pai�ties hereto have caused tl�is agreemenf to be executed Uy tlteir respective duly authorized officers as of the day atid year first above writ#eja. CITY OF PRIOR LAK� (S�AL) B And Jacic G. augey Mayot� Franlc Bo es C' Manager Date Z-/ D Dafe COUNTY OF SCOTT ATT y By •�a�'cl Unm cht, Coituty Adminish•ator Barbai MAl �schall, Chair of Ifs County Board Date ��/1 Date ��fL}7 ---� Upon proper executian, this agreemenf RECOMMEND TOR APPROVAL: tvill be legally valid and bindivg y �. tc_ BY ,�- •'`,, Ciliberto, Coanty Attorney Mitchell J. Rasmussen, County Engineer Date_ 7_�� 7 Date S(2-9I � APPROVED AS TO EXECUTION: B �. �P t Ciliberto, County Attorney Datc G1�/ _� 1V:1�VORI?�PROJEC'I�GP I2-021Constn�ction_Coop Prior Lake.doc EXHiBIT A Pt�LICY S7'A�'EM�NT It is the pollcy of Sc�tt Cvunty Government to provide Equ�f Oppott��niiy ta a!f em�ioy�as and �ppl�cants for �mployment ln accorctance with �U applicable Eqt�a1 �mplayment 4pportunfty laws, �flrr�ctivos, �and roc��flations of �ederal, State, anci bcai �overn(ng bodles or agencies ti�araof, includln� Mlnnesata Stalutes, Chapter 3G3. Scott Cotmty wili not engac�e in zany �mplayment pr�ctices which disctlmin�io a��lnst pr ttarass �ny empioy�e or applicant for employment because of race, colar, creed, religion, national origin s�x, disability, ac�e, ti�artial �tatus, sexu�l orient�tinn, or sl�tus wiih reg�rd ta public asslstance. Suct� em�loym�nt practices include, but ara nnt (imiteci to, the following: hirin�, up�radinc� dert�otion, tr�nsfea•, recruitment or recruitmei�t �dve�tising, selection, layoff, dfsclpllnary actlon, tormination, rat�s of pay or other forms of compensation, and sczlaction far Irainitig, includinc� apprenticeship. �urther, Scott County fulCy suppnrts incorporatlon of nondiscrimination rulos �nd r�gulatians into contracts and wilf corrnnif thA ner.�ssary fime and resaurces to �chieve tl�Q goais of �qual Em�loymont Oppartunity. Any employee af th� C�unty wi�o does noi comply with the Equal �mployment �ppartunity policEes anci Procedurvs s�t�forth in tF�is Siatem�nt and F'lan will be subject to disciplinary �ctian. Any subc�ntractar qf the County not cornplying wif� �Ii �p{�ficak�lc �qual �rnploym�nt �ppartunity I�ws, di�ectives, �nt! regulations af Fod�ral, State, and lacai c�ovemint� bociies or agencfes thereof, inciudiny MlnnPSata StatuEes, Chapter 3G3 wiil be subject to appropriate �ontracti�al sanctions. �cott County has d8slgn�tec� tl�e Employee i2elakions Directar as th� m�n�ger ot the �qu�i Opportunity Prac�r��m. These res�onsibilities wil! include monitaring ail Equal �rn�loyment 9pporiunfty activities and reporting fh� Qffec#iveness of this prc�gram, �s tequlred by �ederal, Sf�te ancllocal agancivs Yhe Sr.ott Coun#y Administr2lor wili recetve ancl roview rep�rts on thQ progress of tt�e pra�ram. !f any ernplayee or apn�icant for employment beli�ves he or she h�s been discrlmin�ted against, ploasa contact th� Scoft Counly Employee Relai(ons Director, Scott Gounty Empl4y�� Rslatians, Gav�mmant Center Ro�m 2�1, 200 Fourth Avenua West, Shakopee, Mlnnesota 55379-'i220, or cail �952} 496-8103. i `- / � �, + � ► y ^ �' ~ - -�---.� ! /� , / ,� avic! .�. Unmacht Dafe 1121007 Barbara Nlarsch�lf Date 1l2l2007 Scott County Administrator Ch�ir, B�ard of Commissioners � gg a $ $ �g 8 g 8fl � �$}� � o� g .gg �k � � � � 9Li �8 � �� t ! i 0qtl '�N G�i1 �& � �� i�ip� �� S � � � � � � aa �g � Ris ^r, ��s s�� ada -a� � �:F � S E � � � � �� a�� 8 � �+ S S � .^'. 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'�� ,� � �� c� � � � 3 e ; � V i �/ �( � O � �� H il � � + d � �� . �� r � �� i� � � g<k � �� ° � � �3 � � 83 � � � �� iS f� �§ ��g ��x� ' �S� �'� � � � � � $ 8 � � �� $�� w�� R ��A � I � ��F�� t � u � � � f N = % ��a»� z�� # �� _� §�� a _ � � �'� m � � R � Q � � � � �� K § 3� $� � $ Y � � h ��$�� g . � �� s Fit� ds � d � o �� as � � � ��ati� � � � a t3 � - � � a��$'�'J�do� • . . � �� n � 5�55�5935] � g � � 5 � � �� d � ��, . � � �� b' �� 3 �eg�a � ��$� � s ��b�a � � �� o �� d �� 'a�� o =� �� fi �� i o��a, � i �aaszs � � � �� B4ARD QF COUNTY COMMISSIONERS � SCOTT COUNTY, MINNESOTA Date: A ri1.24, 2007 Resoiution No.: 20U7-060 Motio� b Commissioner: Hennen Seconded b Commissioner: Wa ner RESO�.UTlON NO. 2007-060; AUTHORIZING EN7ERfNG INTO A COOPERATlVE AGREEMENT WITM THE CI'CY �F PRfOR L.AKE FOR IMPROVEMENTS TO COUN°i'Y STATE A!D H[GHWAY �(CSAH) 12 FROM CSAH 17 TO TH 93 WHEREAS, improvements to CSAH 12 from CSAH 17 to TH 13 include grading, aggregate base, plant-mixed biturninous pavement, concrete curb and gut#er, sform sewer, sidewalk, landscaping and other re[ated improvements; and WHEREAS, this Agreement encompasses ai! 3 proJects shown in the Seott County Transportatian improvement Plan on CSAH 12 between CSAH 17 and TH 13 and also 45� feet of CSAH 12 east of Spring Lake Regtonal Park which was omitted from the CSAH 12 project completed in FY 2006.; and WHER�AS, Project CP 12-02/5AP 70-612-090 involves the realignment of CSAH 12 at TH 13, providing a safer intersection with turnlanes and implements a long-term access r►�anagement p1an; and WNEREAS, CP 12-06 is a new project that resulted #rom eliminating this work from the Phase 1 CSAH 'f 2 project; and WHEREAS, the current estimated construction cost for both CP 12-02 and CP 12-Q6 is $2,349,261; and WHEREAS, CP 12-02 is currenfEy funded in the 2Q07 Tll' at $1,862,000, with the County's share estlmated at $90Q,000, the City`s shaTe is estlmated at $590,000, and MnDOT's participation is capped at $860,000; and WHEREAS, it is anticipated that the $250,000 will be covered by fhe spot safefy money td imprave the curva on CSAH 12; and . WHEREAS, the Cooperative Agreement will Eay out each agency's financla! responsibilitles for their costs no# only for this project but esfimated cos#s for Phases 3 and 4. • �- BOARD OF COUNTY COMMiSSfONERS SCOTT COUNTY, MINNESOTA Date: A ril 24, 2007 Resalution No.: 2007-060 Motian b Commissioner: Hennen Seconcled b Commissioner: Wa ner NOW THEREfORE BE IT RES�LVED #hat the Board of Commissioners in and #or the Counfy of Scott, Minnesota, hereby au#horizes the Chalrperson of the Board to enter into a Cooperative Agreement with the City of Prlor L.ake for improvements to CSAH 12 from CSAH 17 to TH 'f 3, subjeck ta approval by the County At#orney's Office as to form. �� COMMISSIONERS VOTE Wagner rJ Yes f No �" Absent I Abstann Vogel (r Yes (�" No Tr Absent f Abstain Hennen r Yes f�' No !— Absent r' Abstair► Mat'scha(I Jy yes t� No r Absent f Abstain Ulrich � y�s r" I�Io 1� Absent f Abstai,n State of Minnesota} County of Scott ) I, David J, Unmacht, duty appointed quatified and Counly Administrator for the County of Scotf, State of Minnesota, do hereby certity that I hava compared the foregoing copy of a resofution wifh ihe originaf minutes of the proceedings of the Board oE County Commissianers, Scoff Counfy, Minnesota, at their session held on the 24�' day of Aprll, 2007 now on fiie in my o�ce, and have found the same to be a trus and correct copy thereof. Witness my hand and offlclal seal at Shakopee, Minnesota, this 24�' � y Ap , 0 , County Administrator Adminis#rator's designea W;IWORQIRBA RES 200712007-O60.doc ' �� • • - Proj ect Location Map �� SC4TT CO.UNTY . �. SAP 70-61.2-009 CSAH 12 (from CSAH17 to TH13) � � `� ti;L _ .. �'� f _._-_ } _�._ �� `- _ I !� - - � ` l...J�l�,.�,.. ;:; �"� � � I � ,- 82 � :-� 17 0 � :�. o �/ - _ _ :�:. � � /: � How' rd t La o a - . � o `___.._. �-: � ��1 : ,� : � �� -01 , - G� - 1-1 0 ` Prior l�ake � P _� 81 , = o _ ��_ Q ' -�� ,:: : 3,.. �, _.__ y � .-� � _ � � �� Y J� . � � f_ � ` t �' '_ . =.� . � , � � _ __ _,�, !�:� j��>- � _. :,� __� I � ,._- , ,� cP � 2,06 : . _ _,� v _. , , $pring:Lake .\�_._ _ ; � � L�k � � . ' �� 3 _ � -� Ri . 23 Phase 1- The realignment through Spring Lake Park and the Stemmer Development. CP 12-01 (Completed) Phase 2- Minar realignment fram Walnut Ave. to TN 13. CP 12-02 (East of Spring Lake Regional Park} - CP 12-06 I Phase 3& 4- Reconstruction on existing alignment from CR 17 to the Stemmer Development and Spring Lake Park to Walnut Ave. CP 12-03 & CP 12-04 n�se:.t.�amr��alrsYr.cowm�ec.avi�p�toxtx.�irota 1�2 V l�z 1 PoFap Date: June 9 , 2Q�5 �.iss a.. n:. e.a> j i � ca+ok';and r:.aes,irtv�k.� a�faab 1xYae n�a+anet�.tauM/. �sx�Ntes.sNMSiso.rcaa4ecE �MearuaMr.4 •.:.,- -. �• •_.. —..:...:.:...,.::.,. ..:.....::.... .. ..�:..,�..:,.. ,• ::... ....... .-=:�..,::...,,,,... Scale: R,F.: i�",,,' `�'.,.";;i`.`�'' y`' 1 Inch =1J2 mile 1: 31880 ea,rrJS=.�a.cexa 1�1 �BS ProjectLOCaUon: S:�LOCALGiSIDEPARTMENTSlHIG1iWAY�PROJECTSiSAP70�612-009 PFUISES_2.mxd