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CITY COUNCIL AGENDA REPORT
MEETING DATE: JULY 22, 2013
AGENDA #: 9B
PREPARED BY: LARRY POPPLER, CITY ENGINEER / INSPECTIONS DIRECTOR
PRESENTED BY: LARRY POPPLER
AGENDA ITEM: CONSIDER APPROVAL OF THREE RESOLUTIONS PERTAINING TO THE
RIDGEMONT / MAIN AVENUE / TRUNK HIGHWAY 13 IMPROVEMENT PRO-
JECT (CITY PROJECT #13-001):
1. ACCEPTING OR REJECTING BIDS
2. ENTERING INTO A COOPERATIVE CONSTRUCTION AGREEMENT
WITH MNDOT
3. ENTERING INTO A COOPERATIVE CONSTRUCTION AGREEMENT
WITH SCOTT COUNTY
DISCUSSION: Introduction
The Ridgemont / Main / TH 13 project is scheduled for construction later this sum-
mer. A number of approvals are necessary at this time to move this project for-
ward.
Hi StOry
In 2008, the City completed a Feasibility Report for the improvement of the inter-
section of Ridgemont Avenue, Main Avenue, Trunk Highway 13, and County State
Aid Highway 44. The Feasibility Report discussed traffic demands, safety and ac-
cess issues, roadway geometric design, urban design elements, right of way im-
pacts, and preliminary cost estimates. Currently the orientation of this intersection
is confusing. The close proximity of Ridgemont and Main Avenue to Highway 13
complicate navigation. The efficiency of this intersection is poor as vehicles must
frequently wait on Ridgemont Avenue during peak hours as traffic backs up on at
Highway 13.
The proposed project includes the reconstruction of Ridgemont Avenue and Main
Avenue on the west side of Highway 13. Reconstruction of County Road 44 on
the east side of this intersection will not be changed significantly, however a new
traffic signal at Highway 13 will be constructed. Updated pedestrian facilities,
stormwater ponding, and trail reconstruction will be a part of the project.
Once the Feasibility Report was completed, this project was incorporated into the
10 year Transportation Plan and the 5 year Capital Improvement Plan. This pro-
ject has been programed in these planning documents since 2009. The City has
worked with MNDOT and Scott County in coordinating funding for this project in
the year 2013.
On September 10, 2012, the City commissioned WSB and Associates to perform
the engineering design for the project. Since this authorization, WSB has been
busy designing this project.
On December 4, 2012, the City learned that we were successful in securing addi-
tional dollars, $674,763, for this project in the form of the "MNDOT Cooperative
Agreement Program." This additional funding reduces the amount of City Munici-
pal State Aid and City Tax Levy which was planned for this project.
On May 28, 2013, the City Council approved several resolutions including a reso-
lution authorizing the advertisement for bids on the project.
Current Circumstances
The City received 4 bids on July 17, 2013. The bids have been checked and tabu-
lated. The bid results are shown below:
COMPANY TOTAL BID
Chard Tilin and Excavatin $2,103,380.45
Bituminous Roadwa s $2,299,122.65
McNamara Contractin $2,299,512.00
Northwest As halt $2,390,781.18
The low bid was received from Chard Tiling and Excavating. Chard recently com-
pleted the construction of the Arcadia and County Road 21 reconstruction project.
Chard is also the Contractor for Welcome Avenue and the Sunset Avenue Pro-
jects.
The engineer's estimate for the construction work was $1,746,417.80. As you can
see the low bid was over $350,000 more than the engineer's estimate. After re-
viewing the bid, paving, excavation, and pavement striping were the greatest dif-
ferences between the bid and the estimate. The 2013 construction season has
been difficult. Many early season projects are behind schedule because of the
later start due to the weather. This likely affected the bid prices for this project.
The uptick in development activity also affects the pricing. Several bid items will
be discussed with the Contractor prior to the Monday council meeting to determine
if cost savings can be gained.
To document responsibilities and costs, agreements with Scott County and
MnDOT have been prepared for this project together with resolutions approving
each. These agreements are standard construction agreements which have been
reviewed by the City Attorney.
Conclusion
City staff will provide a more complete analysis at the meeting for a discussion in-
volving the impacts of either accepting or rejecting the bids. The City Council must
weigh these impacts
Both the MNDOT and Scott County Cooperative Agreements can therefore be ap-
proved tonight. Both agreements include a lump sum payment to the City for this
project and therefore re-bidding will not affect the overall agreement.
ISSUES: The roadway alignment will certainly be a vast improvement to the intersection.
Dedicated turn lanes and a new signal system will improve the safety and function
of the intersection.
Accepting the bids
If the City were to award the project to Chard Tiling and Excavating, the impact of
the higher prices affect the amount of State Aid needed to complete the project or
other funding sources as the City Council determines. The City originally pro-
jected using $425,000 in State Aid. However, this project is eligible for more State
Aid than was originally anticipated and with the engineer's estimate, the City was
anticipating using about $1 million in State Aid. With the current bids, the City
would use almost $1.34 million in State Aid. If awarded, the depletion of dollars
from the City's State Aid account may affect programming of future City projects.
The City can request an advancement of State Aid dollars, however at some point
the City must replenish our account. On the other hand the project would be com-
pleted so that other high priority road work can be completed next year. There is
no guarantee that the bids will be better next year. Delaying the project will result
in added costs to operate the existing Zamboni shack this winter although such
costs will be comparatively minor. The original project did not contemplate the
City's receipt of $500,000 of the $674,000 we ultimately received. This additional
$500,000 would have been paid for from tax levy and municipal state aid.
Rejecting the bids
Considering the high bids and the resulting effect on the City State Aid account,
the City could reject the bids and rebid the work for spring construction. The City
would re-bid the work over winter for spring construction in 2014. The City has al-
ready ordered some materials for this project and has entered into a contract for
the downtown entry monument sign. Signsource has stated they would be open to
an extension of the contract. The City must take delivery and store the signal
hardware and street light hardware over winter if the bids are rejected. WSB antic-
ipates a cost of less than $3,000 to re-bid the project for spring construction. The
overhead power burial must also be delayed as well as the construction of the new
building which houses the Zamboni. The funding from MNDOT through the Coop-
erative Agreement for this project can be delayed however, the City must enter
into a construction contract before June 30, 2014. Considering the proposed
workload for 2014, the delay of this project will have an impact. The City is con-
templating several other projects in 2014. While this project has been designed by
a consultant, City Staff time for project management is necessary to assure a suc-
cessful project. The residents living in the RidgemonURutledge neighborhood and
the Prior Lake Downtown have patiently been awaiting these improvements. A de-
lay in the work will mean that the existing intersection must continue to be used
through another winter season and we will be unlikely to complete all projects cur-
rently called for in the 2014 CIP.
FINANCIAL The table below shows the total project costs.
I M PACT:
Construction Bid $2,103,380.45
Entr Monument Si n $56,620.00
Fiber Connection $11,000
Street Li htin Hardware $31,113.06
Overhead Power Buriai $60,155.25
En ineerin , Le al, Admin $382,500.00
Pro'ect Cost $2,644,768.76
Funding of this project is proposed on the table below.
Munici al State Aid $1,339,930.72
Tax Lev $486,286.33
Water Fund $71,743.40
MNDOT Cooperative Agree-
ment $674,763.00
Scott County Cooperative
A reement $72,045.31
Pro'ect Cost"* $2,644,768.76
The Feasibility Report estimated $2,213,200 for this project.
ALTERNATIVES: 1. Approve three resolutions pertaining to the Ridgemont / Main Avenue / Trunk
Highway 13 Improvement Project (City Project #13-001):
1) Accepting bids for the Ridgemont / Main / Trunk Highway 13 Improvement
Project (City Project #13-001).
2) Entering into a construction Cooperative Agreement with MNDOT.
3) Entering into a construction Cooperative Agreement with Scott County.
2. Approve a resolution rejecting all bids so the project can be rebid for comple-
tion while approving the cooperative agreements by resolution with MNDOT
and Scott County by resolution to lock in their contributions to this project re-
gardless of when construction takes place.
3. Table this item until some date in the future.
RECOMMENDED City Council should review the impacts of either accepting or rejecting the bids to
MOTION: determine the course of action. Resolutions for both options are attached to the
report. Whether or not the City Council accepts or rejects the bids, it is recom-
mended that the agreements with MNDOT and Scott County be approved.
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4646 Dakota Street SE
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RESOLUTION 13-xxx
A RESOLUTION REJECTING BIDS FOR THE RIDGEMONTIMAINITH 13 CONSTRUCTION PROJECT
(CITY PROJECT #13-001)
Motion By: Second By:
WHEREAS, Pursuant to an advertisement for bids for the RitlgemontlMain/TH 13 Construction Project
(City Project #13-001) which includes water main, storm sewer, aggregate base, concrete
curb and gutter, bituminous pavement, turf restoration and appurtenant work; and
WHEREAS, Bids were received, opened, and tabulated according to law; and
WHEREAS, The following bids were received complying with the advertisement:
COMPANY TOTAL BID
Chard Tilin and Excavatin $2,103,380.45 �,
Bituminous Roadwa s $2,299,122.65
McNamara Contractin $2,299,512.00
Northwest As halt $2,390,781.18
and;
WHEREAS, The low bid from Chard Tiling and Excavating is $356,962.65 higher than the Engineer's
Estimate; and
WHEREAS, The higher than expected bid would result in unanticipated costs to funding sources used
to fund this project.
NOW THEREFORE, 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 bids received on July 17th, 2013 are hereby rejected.
3. The City Manager is hereby authorized and directed to return to all bidtlers the deposits that
accompanied their respective bids.
4. The City Manager is hereby authorized and directed to return to all bidders the deposits that
accompanied their respective bids.
5. The City reserves the right to reject any and all bids for any reason as tletermined solely by the City
Council.
PASSED AND ADOPTED THIS 22N� DAY OF JULY 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
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4646 Dakota Street SE
'�IHN�so'��' Prior Lake, MN 55372
RESOLUTION 13-xxx
A RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE
RIDGEMONT 1 MAIN 1 TH 13 IMPROVEMENT PROJECT (CITY PROJECT #13-001)
Motion By: Second By:
WHEREAS, The reconstruction of Ridgemont / Main / TH 13 and CSAH 44 intersection is considered a
priority to both the City of Prior Lake and MNDOT; and
WHEREAS, A Cooperative Agreement identifies the funding and outlines the roles and responsibilities
for this project including grading, surfacing, storm sewer, traffic signal, signing, lighting,
and landscape construction and other associated construction to be performed upon,
along and adjacent to Trunk Highway No. 13 from 380 feet south of CSAH 44 to 365 feet
north of CSAH 44 and on Main Avenue / Ridgemont Avenue from Kop Parkway to 837
feet north of Main Avenue within City limits under project No. 7001-108 (TH 13-117).
NOW THEREFORE, 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 Mayor and City Manager are authorized to execute Cooperative Agreement No. 04033 on behalf of
the City with MNDOT for the Ridgemont / Main / TH 13 Improvement Project (City Project #13-001).
PASSED AND ADOPTED THIS 22N� DAY OF JULY 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
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4646 Dakota Street SE
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RESOLUTION 13-xxx
A RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE
RIDGEMONT 1 MAIN 1 TH 13 IMPROVEMENT PROJECT (CITY PROJECT #13-001)
Motion By: Second By:
WHEREAS, The reconstruction of Ridgemont / Main / TH 13 and CSAH 44 intersection is considered a
priority to both the City of Prior Lake and Scott County, and;
WHEREAS, A Cooperative Agreement identifies the funding and outlines the roles and responsibilities
for this project.
NOW THEREFORE, 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 Mayor and City Manager are authorized to execute a Cooperative Agreement on behalf of the City
with Scott County for the Ridgemont / Main / TH 13 Improvement Project (City Project #13-001).
PASSED AND ADOPTED THIS 22N� DAY OF JULY 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
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4646 Dakota Street SE
`�INIVES�� Prior Lake, MN 55372
RESOLUTION 13-xxx
A RESOLUTION ACCEPTING BIDS AND AWARDING THE CITY'S STANDARDIZED CONSTRUCTION
CONTRACT FOR STREET AND UTILITY CONSTRUCTION FOR THE RIDGEMONT 1 MAIN 1 TH 13
CONSTRUCTION PROJECT (CITY PROJECT #13-001)
Motion By: Second By:
WHEREAS, Pursuant to an advertisement for bids for the Ridgemont I Main / TH 13 Construction
Project (City Project#13-001) which includes water main, storm sewer, aggregate base,
concrete curb and gutter, bituminous pavement, turf restoration and appurtenant work; and
WHEREAS, Bids were received, opened, and tabulated according to law; and
WHEREAS, The following bids were received complying with the advertisement:
COMPANY TOTAL BID
Chard Tilin and Excavatin $2,103,380.45
Bituminous Roadwa s $2,299,122.65
McNamara Contractin $2,299,512.00
Northwest As halt $2,390,781.10
and
WHEREAS, Chard Tiling and Excavating is the lowest responsible bitlder.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Chard Tiling and Excavating is the lowest responsible bidder.
3. The Mayor and City Manager are hereby authorized to enter into the City's standard contract with
Chard Tiling and Excavating in the name of the City of Prior Lake for the Ritlgemont/Main/TH 13
Construction Project (Project #13-001) in the amount of $2,103,380.45.
4. The City Manager is hereby authorized and directed to return to all bidders the deposits that
accompanied their respective bids.
5. Construction costs will be recorded in the Construction Fund (#501-48376-501) for the
Ridgemont/Main/TH 13 Project.
6. Proceeds from the bond sale will be deposited in the Construction Fund.
PASSED AND ADOPTED TH�S 22N� DAY OF JULY 2013.
YES NO
Hedber Hedber
Keene Keene
McGuire McGuire
Morton Morton
Souku Souku
Frank Boyles, City Manager
Mn/D�T Contract No: 04033
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY QF PRIOR LAKE
COOPERATIVE CONSTRUCTTON
AGREEMENT
State Project Number (S.P.): 7001-108 Or�ginal Amount Encumbered
Trunk Highway Num6er (T.H.): 13=1I7 644 881.00
State Aid Number {S.A.P.): ZOl-010-003
State Aid Number (S.A.P.): 201-11.9-002
City Project Number: 13•001
Lighting System Feed Point No. City
Signal System ID 20285
This Agreement is hetween the State of Minnesota, acting through its Commissioner of Transportation ("Sfate"} and
City of Prior Lake acting through its City Coancit ("Ciry").
Recitals
I. The City wil[ perform grading, surfacing, storm sewer, traf�c signat, signing, lighting and landscape
construction and other associated construction upon, along and adjacent to Tnznk Highway No, 13 from.380
feet south of C.S.A.H. 44 to 365 feet north of C.S.A.H. 44 and on Main Avenue/Ridgemont Avenue from
Kop Parkway to 837 feet north of Main Avenue according ta City-prepared plans, specifications and special
pravisions designated by the City as City Project 13-001 and by the State as State Project No. 7001-Id8
(T.H. 13=117) ("Project"); and
2. The City requests the State participate in the costs of the grading, surfacing, storm sewer, traffic signal and
signing construction and the State is willing to participate in #he costs of said construction and associated
� construction engineering; and
3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes o� constructing,
maintaining and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective date. This Agreement witl be effective on ihe date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration date. This Agreement �vill expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which musE survive
in order to give effect to their cneaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 2,4. State Ownership of Improvements; 5. Maintenance
by the City; 11. Liability; Worker Compensation Claims; Insurance; 13. State Audits; 14. Goveenment Data
Practices; 15. Governing Law; Jurisdiction; Venue; and 17. Force Majeure. The terms and conditions set
forth in Article 6. Signal System and EVP System Operation and Maintenance will survive the expirafion of
this Agreament, but may be terminated by another Agreement between fhe parties.
1.4. Plans, Specifications, Special Provtsioras. Stat�approved City plans, specifieations and speeial provisions
designated by the Ciky as City Project 13-001 and by the State as State Project No. 7001-108 (T.H. 13=117)
are on file in Ehe office of the City's Engineer and incorparated into this Agreement by reference. ("Project
Plans")
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� Mn/DOT Contract No: 04033
1.5. Exhibits. Preliminary Schedule "I" is attached and incorporated into this Agreement.
2. Right-of-Way Use
2.1. Lc`mited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to - i
occupy trunk high�vay right-of-way as necessary to perform the work described in the Project Plans. This �
right is limited to the purpose of constructing the project, and administering such construction, and may be
revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy
includes, but is not limited to, breaching the terrt�s of this or any other agreemant (relevant to this project)
with the State, failing to ptovide adequate traf�c control or other safety measures, failing to perform the
canstruction properly and in a timely manner, and failing to observe applicable environmental laws or terms
of applicable permits. The State wi(1 have no tiability to the City (or its contractors or consultants) for
revoking this right of occupancy.
2.2. State Access; Stcspension of Wark; Remed�al Measures. The State's District Engineer or assigned
representative retains the right to enter and inspect the trunk highway right-of-way (including the
construction being performed on such right-of-way) at any tinne and without notice to the City or its
contractor. ff the State determines {in its sole discreEion} that the construction is not being performed in a
proper or tunely manr�er, or khat environmental laws (or the terms of permits) are not being complied with,
or that traffic control or other necessary safety measures are not being properly imptetnented, then the State
may direct the City (and its contractor) to take such remediat measures as the State deems necessary. The
State may reyuire the City (and its contractors and consuttants) to suspend their operations untii suitable
remedial action plans are approved and implemented. The State will have no liabi(ity to the City (or its
contractors or consul[ants) for exercising its rights under this provision.
2.3. Traffic Control; Worker S�{f'ety. While the City {a�d its contractors and consultants) are occupying the State
right-of-way, they must comply with the approved traffic control plan, and with applicable provisions of the
Work Zone Field Handbook (htcp•//www dot state mn us/trafficen�/workzone/index.htmi}. All City,
contractor, and consultant personnel occupying the State`s right-of-way must be provided with required
ref[ective clathing and hats.
2.4. State Ownershtp of Ymprovements, The State wi[1 retain ownership of its trunk highway right-of-way, '
including any improvements made to such right-of-way under this Agreement, unEess atherwise noted, The i
warranties and guarantees made by the City's contractor with cespect to such improvements (if a�y) will
flow to the State. The City will assist fhe State, as necessary, Eo enforce such warranties and guarantees, and
to obtain recovery from the City's consuttants, and contractor (inetuding its sureties} for non-performance of
contract tivork, for design errors and omissions, and for defects in materials and workmanship. Upon request
of the State, the City will undartake such actions as are reasonably necessary to transfer or assign contract
rights to the State and to permit subrogation by the State with respect to claims against the City's consultants
and contractors.
3. Contract Award and Construct�on
3.1. l3ids and Award. The City wiil receive bids and a�vard a construction contract to the lowest responsible �
bidder (or best value proposer), subject Eo concunence by the State in that award, according to the ProjecE j
Plans. The eontract construction will be performed aecvrding to the Project Plans. ;
3.2. Bid Documents furnished by the City. The City will, wiEhin 7 days of opening bids for the construcEion �
contract, submit to the State's State Aid Agreements Engineer a copy of the low bid and an abstract of all �
bids together with the City's request for concurrence by the State in the award of the construction contract. '
� The City will not award the construction contracf until the State advises the City in writing of its
concurrence.
3.3. Rejectian of Bids. The City may reject and the State may require the City to reject any or all bids for the j
construction contract. The pany rejecting or requiring the rejeetion of bids must provide the other party i
written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon ,
the rejection of all bids, a party may requast, in writing, that the bidding process be repeated. Upon the ;
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Mn/DOT Contract No: Q4033
nther party's �vritten approval of such request, the City will repeat the bidding process in a reasonable period
of time, without cost or expense tv the State.
3.4. Contract-Terms. The City's contract �vith its construction contractor(s) must incfude the foltowing terms:
A. A clause making the State of Mirtnesota, acting through its Commissioner of Transp�rtation, an intended
thircl-party beneficiary of the contract with respect to the portion of work performed on the State's right-
of-way; and
B. A clause requiring the State to be named as an additional insured on any insurance coverage which the
contractor is required to provide; and
� C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk
highway, wi11 flow Eo, and be enfarceabta by, the State as the awner of such improvements.
3.5. �irection, Supervision and Inspection of Construction '
A. The contract construction will be under the direction of the City and under the supervisio� o€ a registered �
professional engineer; however, the State participation construction covered under this Agreement will
be open to inspection by the State District Engineer's authorized representatives. The City will give the
State Aid Agreements Engineer at Roseville five days nofice of its intention to star� the c6ntract
construction.
B. Responsibility for the control of materials for the contract constiuction will be on the City and its
contractor and wiEt be carried out according to Specifications No. I601 through and including No. 1609
in the State's current "Standard Specifications for Construction".
3.6. Contaminated Soils and Groundwater within the State's Cost Participation I.imits. j
A. 24 Hour Nolification. The City will noiify the State District Engineer's authorized representative a E
minimum of 24 hours prior to the contractor beginning the excavation and removal of any contaminated
soils that have been identified within the Project limits.
B. Immediate Nohfication. The City will notify the State District Engineer's authorized representative
• immediaEely upon the contractor encountering cantaminated soils ancUor groundwater in areas that are
within the Project limits. The City will con£er with the State as to fhe handling, disposal, and any other
issues refated to contaminated materials found on State Right-of-Way or import of materials onto State
Right-of-Way.
C. Envtronmental Consultant. The Ciiy wili provide for an Environmental ConsUltant to be on site to
observe and document the excavation, handling and disposal af contaminated soils that have been
identified within the Project limits. If the contractor encounters contaminated materials in areas not (
previously identified and upon notification by the City, the Environmental Consultant will be provided to �
collect and anatyze soil and/or groundwater samples fo determine contaminant levels aad provide �
oversight of any soii and groandwater handling and disposal. The City will not allow the contractor to �
excavate any contaminated soil unless the Environmental Consultant is present.
3.7. Completiora of Construction, The City wili cause the contract construction to be started and completed '
according to the time schedute in the construction contract specia! provisions. The compEetion date for the �
contract construction may be extended, by an exchange af letters beh�een the appropriate City official and �
the State District Engineer's authorized representafive, for unavoidabte detays encountered in the ` �
performance of the contract construction. ;
3.8. Plan Changes. All changes in the Project Plans and all addenda, change orders and supplemental �
agreements entered into by the City and its contractor for contraet construction must be approved in writing �
� by the State District Engineer's authorized representative. �
3.9. Cornpldance with I.�ws, Ordinances, Regulations. The City will comply and cause its contractor to comply �
with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to �:
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Mn/D�T Contract No: Q4033
that portion of work performed on the State's trunk highway right-of-�vay, the City wi[E not reyuire the
contractor to follow locai ordinances or to obtain locat permits.
3.10. Construction Doctcn:ents Furn�shed by the Cify. The City will keep records and accounts that enable it to j
provide the State, when reguested, with the follo�ving: �
A. Copies of the City contractor`s invoice{s} covering aEl contract construction.
B. Copies of the endorsed and canceled City warrant(s} or check(s) paying for final contract construction, or
computer documentation of the warrant(s) issued, certified by an appropriate City officiat �hat finat
construction contract payment has been made.
C. Copies of all construction contract change orders and supplemental agreements.
D. A certification form, provided by the State, signed by the City's Engineer in charge of the contract
construction attesting io the following;
� i. Satisfactory performance and completion of atl contract construction according to the Project Plans.
ii. Acceptance and approval of all maieriais furnishad for the contract construction relative to
' compliance of those materials to the State's current "Standard Specifications for Construction".
iii. Full payment by the City to its contractor for alt contract consfruction.
E, Copies, certified by the CiEy's Engineer, of material sampling reports and of material testing results for
the materiais furnished for the contract construction.
F. A copy of the "as built" plan sent to the State Aid Agreements Engineer.
4. Right-of-Way; Ease�nents; Permits
4.1. The City will, without cast or expense to the State, obtain all rights-of-way, easemenis, construction permits
and any other permits and sanctions that may be required in connection �vith the local and trunk highway
portions of the contract construction. Before payment by the State, tha City will furnish the State with
certified copies of the documents for rights-of-way and easements, construction permits and other permits
and sanctions required for State participaEian construction covered under this Agreement.
4.2. The City wil( convey to the State by quit claim deed, all newly acquired rights needed for the continuing
operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or.
expense to the State.
4.3. The City will comply with Minnesota Statutes § 216D.U4, subdivision 1(a), for identification, notification,
design meetings and depiction of utilities affected by the contract construction.
A.4. The City wiEl submit to the State's Utility Engineer an original permit applicatian for all utitities owned by
the City of Prior Lake to be constritcted upon and within the trunk highway right-of-way. Applications for
permits �vill be made ott State form "Application for Utitity Permit on Trunk Highway Right Of Way"
(Form TP252S).
5. Maintenance by the City
Upon completion of the project, the City will proviae the following without cost or expense to the State: ,
5.1. Roadways. Maintenance of Main Avenue, Ridgemont Avenue and 160` Street. Maintenance includes, but is I
not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance
activities according to accepted City maintenanca practices.
5.2. Storm 3ewers and Inffltralion Po�ads. Routine maintenance of non-trunk highway storm sewer and
infiltration ponds facilities construction. Routine maintenance includes, but is not limited to, removal of
sediment, debris, vegetation and ice from structures, grates and pipes; repair of minor erosion problems; j
minor structure repair; and any ofher maintenance activities necessary to preserve the facilities and to !
prevent conditions such as flooding, erosion, sedimentatioa or accelerated deterioration of the facilities. �
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Mn/DOT Contract No: 04U33
5.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to
the State.
5.4. Sidewalks and Tlrail. Maintenance of all sidewalk and trail construction, including stamped and calored
concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and
debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings,
mowing grass boulevards (if any) and any other maintenance activities necessary to perpetuate the
sidewalks in a safe, useable, and aesthetically acceptable condition.
5.5. Retaining Walls. Maintenance of the retaining wall construction. Maintenance incIudes graffiti removal
and any other maintenance activities necessary to perpetuate the walls in a safe, usabte and aesthetically
acceptable condition.
5.6. Lighting. Maintenance and ownership of the City street [ighting facilities construction. Maintenance
includes but is not limited to; replacing faulty luminaries and knocked down or otherwise damaged poles;
repairing or replacing underground facilities and wiring; repairing service cabinets, photocelis, and all other
miscellaneous hardware to keep the lighting facilities in working order; cleaning and re-lamping the
luminaries; and if needed, painting the Iighting faciiities. The City wilt be responsible for the hook-up cost
and application to secure an adequate power supply to Ehe service pad or pole and will pay a[l monthIy
electrical service expenses necessary to operate the lighting facility. As owner of the lighting facilities, the !
City/County wil! be responsible for a!1 "Gopher State One Calt" locates.
5.7. Additional Drainage. Neither party to this Agreement will drain any additional drainage into the storm
sewer facilities constructed under the construetion contract that was not included in the drainage for which
the storm sewer facilifies were designed, without first obtaining written permission to do so from the other
party. The drainage areas served by the storm sewer facilities constructed under the construction contract
are shown in a drainage area map, EXHBIT "Drainage Area", which is on file in the office of the State's
District Hydraulics Unit at Roseville and is incorporated into this AgreemenE by reference.
6. Signal System(s) and EVP System(s) Operation and Maintenance
All operation and maintenance terms, includ'eng timing and power provisions, in Traffic Control Signal
Agreements No. 62102 and No. 79677 dated May 29, 1984 and March 3, 2Q00 respectiveiy, for the existing
traffic control signals on T.H. 13 at C.S.A.H. 44 will remain in full force and e€fect.
7. Basis of State Cost
7.1. SCHEDULE "1'". The Preliminary SCH�?DULE "I" includes aIf ancicipated State participateon construcfion
items and the construction engineering cost share covered under this Agreement.
7.2. State Participatian Conslruction. The State will participate in the foliowing at the percentages indicated.
The constructian includes the State's proportionate share of item costs for mobilization, field office, field
lab�ratory and traffic cvntrol.
A.� 100 Percent will be the State's rate of cost participation in all of the grading, surfacing, storm sewer,
traffic signal and signing construction. The construction includes, but is not limited to, those
construction items tabulated on Sheets No. 2 thru No. 5 of the Preliminary SCHEDULE "I".
7.3. State Furnished Materials. The State wiii fumish a cabinet and controller ("State Fumished Materials"),
according to the Project Plans, to operate the traffic control signal system covered under this Agreement.
The City's lump sum share for State Furnished MateriaEs is $26,U57.00 and $3,825.00 for painting of signal �
po(es. The City and State's cost shazes for State Furnished Materials and painting of signal pofes will be �
deducted from the State`s total lump sum construction cost share as shown in the SCHLDtILE "1", j
7.4. Conslrucdion Engineering Costs. The State will pay a constructian engineering charge egual to 8 percent of �
the total State pacticipation construction covered under this Agreement. �
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Mn/DOT Contract No: 04033
S. State Cost and Payment by the State
8.1. State Cost. $600,509.92 is the State's estimated share of the costs of the contract construciion less State
Furnished Materials and painting signal poles cost plus the 8 percent construction engineering cosf share and
a$44,371,p8 contingency amount as shown in the Preliminary SCHEDULE "I". The Preliminary
SCHEDULE "I" was prepared using estimated quantities and unit prices, and may include any credits or
lump sum costs. Upon review of the construction contract bid documents described in Article 3.2., the State
wi(1 deeide wheiher to concur in the City's awaxd of the constreaction contract and, if so, prepare a Revised
SCHEDULE "I" based on construction contract unit prices, which will replace and supersede the
Preliminary SCHEDULE "I" as part of this agreement. The contingency amount is provided to cover
increased State cost after preparing the Revised SCHEDULE "I" with contract unit prices.
8.2, Conditions of Payrnent. The State will pay the City the fuIl and complete tump sum amount as shown in the
Revised SCHEDULE "I", after the following conditians have been met:
A. Encumbrance by the State of ihe State's full and complete State funded lunap sum cost share as shown in
the Revised SCHEDULS "I".
B. Approval by the State's Land Management Director at SE. Paul of certified documentation, submitted by
the City, for all right-of-way and easemenE acquisitions reqaired for the contract construction.
C. Execution of this Agreement and transmittal to the City, including a letter advising of the State's
concurrence in the award of the construction contract.
D. The State's receipt of a written request from the City for the advancement of funds. The request will
include certification hy the City that all necessary parties have executed the construction contract.
8.3. Limitations of State Payment; No State Payrnent ta Contractor
The State's participation in the contract construction is limited to the lump sum amount shown in Article 7,
and the State's participation will not change except by a mutually agreed written amendment to this
Agreement. The State's paymenE obligation extends only to the City. The City's contractor is not intended
to be and will not be deemed to be a third party beneficiary of this Agreement. The City's contractor �viIl
have no right to receive payment from the State. The State �vill have no responsibility for claims asserted
against the City by the City's contractor.
9. Aathorized Representatives
Each party's Autharized Representative is responsible for administering this Agreement and is authorized to give �
and receive any notice or demand required or pecmitted by this Agreement, ;
9.1. The State's Auihorized Representative will be:
NamefTitle: Maryanne Kelly-Sonnek, Municipal Agreerr►ents Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155
Tetephone: (651) 366-4634
E-M�il: rYtaryanne.kellysonnek@state.mn,us
9.2. The City's Authorized Representative will be:
Name/Title: Larry Poppler, City Engineer {or successor)
Address: 4646 Dakota StreeE SE, Prior Lake, MN 55372
Telephone: 952-447-9832
10. Assignment; Amendments; Waiver; Contract Comptete
10.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office,
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Mn/DOT Cot�tcact No: 04033
I0.2. A►�ie�idnrents. Any amendrneut to tlus Agreen�cnt tnust Ue in tvriti�ig and will not be effective until it has
beeu axecuted and approved by the same parties who executed aiid approved the original Agree;neiit, or
thcir successors i�� office.
10,3, i�'niver. If a pa��ty fails to enfo�•ce any provisiov of tl�is Agreeme�tf, that failure does not waive the provision
or tlie party's cight to subsequently e3tforce it.
10.4. Coritract Co»tp/ele. Tliis Agreetnent contains atl prior negotiations and agreements beriveen the State and
the City. No other understanding �•egarding this Agreement, w3�ethet• tvrit#en or oral, may be used to bind
eitEic�� party.
11. Liability, ; VVorker Couipensation Claims; Insurance
I I.1. Each pariy is responsible for its otun acts, omissions and the results thereof to the extent authorized by law
and �vill ��ot Ue respansible for the acts aud on�issions of others and the results tl�ereof. Mimsesota Statutes
§ 3.73G ai�d other a��plicabie la�v goveiYi liability of tlie State. Mi�lnesota Statutes Chaptec• 46b aud other
ap�3licable latv govern liability of t12e City. Nohvitlistanding the foregoing, the City �vill iiidemnify, hoId
harniless, and defend (to the extent pennitted by the Minnesota Attoruey General) tlie State against any
claims, causes of actians, damages, costs (including reasonab]e attorneys fces), and expenses arising i��
connection tvitli the project covered by t}us Agceement regardiess of whether sucli claitns are asserfed l�y the
City's contractor(s) or co�tsultant(s) or by a third par[y bec�use of 1n act or o�nission by ttie City or its
contractor(s) or consultatst(s).
11.2. Each party is respo�v�ibie far its o�vn employees for any claims arisiisg unde�• the Workers Compensation
Act.
11.3. Tlie City may rec}uire its contractor to cairy insurance to cover clai�ns for dan�ages flsserted againsf the
City's contractor.
12. Noudiscriminatiou
Provisioiis of Ivfimiesota Stah�tes � 181.59 and of a�iy applicable la�i� relatiug to ci�7il rights and discru�u�iation are
considered part of tl�is Agreement.
13. State Audifs
U�idcr Minnesota Stahrtes � 16C.05, subdivision 5, the City's books, records, documents, aud accounting
pcocedures and prlctices relevaut to this Agreement are subject to exanvnation by the State and the State Auditor
or Legisl�tive Auditor, as appropriate, for � minimtttn of six years frotn the end of this Agreement.
14, Go��ernmeut Data Practices
The City and State must compfy wiNi the Miuuesata GoverF�ment Data Pcactices Act, Minnesota Statutes Chapter
13, as it applies to all data provided by the State uuder tl�is Agreement, and as it applies to alt data cF•eated,
collected, received, stored, used, maintaiued, or dissenunated by the City under tliis Agreement. The civil �
reinedies of Minnesota Stahrtes § 13.08 apply to the release of the data refe�7•eci to in this clause by eithet� the City f
or the State. �
15. Go`�erning Law; J�u•isdiction; Veuue
Minnesota la�v goverus the validify, interpretation and euforcement of this Agreemeizt. Venue for ali legai
proceedings arising out of tliis Agreemer�t, or its breach, must be in the appropriate state or fede��al courf with
comj}etent jurisdictiou in Ramsey Caunty, Miniiesota.
16. Terminatimi; Suspenslon
16.1. By lllrrtual Agreeiuenf. This Agreemei�t m�y be terminated by n�utual agreement of the parties o� l�y the �
State for inst�fficient funding as described below. �
16.2. Ter��rinrrtin�: foi• Insrrfficie�tt Funrling. The State �nay immediatcly terminate tliis Agreement if it does uat �
obTain fimding from the Minnesota Legislature, or other fi�uding source; or if fuaiding ca�uiot be coutaiued at i
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Mn/DOT Contract No: 04033
a Ievel sufficient to allow for the payment of the services covered here. Termination must be by written or
fax notice to the City. The State is not obligated to pay far any services that are provided after notice and
effective date of termination, However, the City will be entitted to payment, determined on a pro rata basis,
for serviees satisfactorily per�ormed to the extent that funds are availahle. The State will not be assessed any
penalty if this Agreement is terminated because of the decision of the Minnesota Legis[ature, or other
funding source, not to appropriate funds.
16.3. Suspension. In fhe event of a tatal or partial government shutdown, the State may suspend this Agreement
and all work, activities, performance and payments authorized through this Agreeznent. Any work � -
performed during a period of suspension will be considered unaathorized work and wiil be underta�Cen at the
risk of non-payment. '
17. Force Majeure
Neither party wili be responsible to the other for a failure to perform under this Agreement (or a delay in
performance}, if such faiture or delay is due ta a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencias.
[The remainder of this page has been intentionalty left blankj
,
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Mn/DOT Contract No: 04033
STATE ENCUMBRANCE VERIFICATiON DEPARTMENT OF TRANSPORTATION
Individual cer#ifies that funds have been encumbered
as required by Minnesota Statutes § 16A.15 and
16C.05. Recommended for Approval:
Signed; By:
' (Disfrict Lngineer) �
Date: Date:
S WIFT Purchase Order 3 ao� � 3 i��3� Approved:
CITY OF PRIOR LAKE By:
(State Design Engineer)
The undersigned certify that they have lawfutly Date:
executed this contract on behatf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances.
By: COMNIISS�ONER OF ADMINISTRATION
Title:
By:
Date: {With delegated authority)
Date:
By:
Title:
� Date:
INCLUDE COPY OF RFSOLUTION APPROVING TH� AGREEMENT AND AUTHORIZING ITS
EXECUTTON.
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CP 44-03 �
Counfy af Scott �
City of Prior Lake }
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CONSTRUCTION COOPERATIVE AGREEM�NT �
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THIS AGREEMENT, made and entered into this day af , 2013, by i
and between the City of Prior Lake, a body politic and corporate under the laws of the State of ;
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Minnesata, hereinafter referred to as the "City" and the County of Scott, a body po[itic and ; a
corparate under the laws of the State of Minnesota, hereinafter referred ta as the " County ". :�
RECITALS: j
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A. The City is considering bringing abouf the infersection safety irr�provements to Highway ��
13 at Main Avenue and County Highway (CH) 44 in the City of Prior Lake through City �
Project No. 13-001, State Project No. 201-119-Ofl2 anc{ State Project No. 7001-108. ,
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The proposed praject includes improvements of Main Avenue and Ridgemont Avenue '
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west to provide additior�al stacking for vehicles as they appraach Highway 'f 3. The '
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project also builds a new signal system at the intersection of Main Avenue, Coun#y !
Highway (CH} 44, and Highway `I3, hereinafter referred to as the Project. �
B. The above described Project lies within the corporate limits of #he City of Prior l.ake. �
C. The City Engineer has prepared an engineer's estimate of quantifies and unit prices of �
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material and iabor for the above described Project and an estimate of #he tofa! cost for �
contract work in the sum of one miilion, seven hundred forty-six thousand, four hundred I'
seventeen dollars and eighty cents ($1,746,417.80). '
D. A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereof. '
E. It is contemplated that said improvement work shall be carried out by the parties hereto ;
under the provisions of Minn. Stat. Sec. 162.17, subd. 1. E '�
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NOW, THEREFORE, IT IS HEREBY AGREED:
1. The City or its agents has advertised for bids for the work and construction of the aforesaid I
City Praject, receive and open bids pursuant to said advertisement and entered into a confract with j
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the successful bidder at the unit prices specified in fhe bid of such bidder, according to law in such ;,
case provided for cities. The City will submit the form contract, including the plans and specifications
prepared by the City or its agents to the County. The City shal! administer the confract and inspect i
the construction of the cantract work for the Project at the sole cost of t�e Cify. The County Engineer �
shall cooperate wi#h the City Engineer and h�s staff at their request to the extent necessary.
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CP 44-03 �
Counfy of Scott !
City of Prior Lake '
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2. The County shalf reimburse the City, as the County's full and complete share of the �
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construction cost of the contract work for said Project, a(ump sum in the amount of seventy-twa !
thousand forty-five dollars and thirty-one cenfs ($72,045.31) in one payment installment. The '
installment is due upon invoice 30 days after award ofi the grading, surfacing, storm sewer project, '�
and Traffic Signal Project. I '
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3. The City Engineer shall prepare monthly pragress reports as provided in the specifications. A
copy of these reports shall be furnished to the Counfy each month.
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4. In the event that a dispute arises, the County and the Ciky agree that all disputes befween '
them arising out of or relating to th�s Agreement shal! be submitted, upon agreement of bath parties, '
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to mediation, with fhe cost being shared equally. '
5. Since each party recognizes each other as a palitical subdivision of the State of Minnesota, �
each parfy shall maintain general iiability and automobile liability coverage protecting ifself, its i
officers, agents, employees and du3y authorized volunteers againsf any usual and customary public ;
liability claims to the limits prescribed under Minn. Sfat. Sec. 466.04 and Workers' Compensation and �
shall be in accordance with the Minnesota statutory requirements. Said policies shall �e kept in eifect �
during the entire term of this Agreement. �
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6. All records kept by the Cify and the County with respect to the Project shall be subject ta
examination by the represenfatives of each party. All da#a colfected, created, received, maintained or !
disseminafed for any purpose by the activi#ies of the City or County pursuant to this Agreement shall
be gaverned by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing j
such Act now in force or hereafter adopted. �
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7. The City further agrees ta provide any and all permanent or temporary righ#-of-way on City �
owned property needed for fhe completion of the Project. i
8, The City shal[, at its own expense, remove and replace all Cify owned signs that are within the ;
construction limits af this Projec#, �
9. As a parfner in the project, the County agrees to waive Right of Way Permitting for this projecf. '
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'!0. Upon completion of this Project, the City, at its expense, shall place #he necessary "No
Parking" signs and shafl provide, at its sole discretion, #he enforcement for the prohibition of on-street
parking under this Project. ;
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CP 44-03
County of Scoft
City of Prior Lake
11. Neither the County, ifs officers, agents or employees, either in their individual ar official
capacity, shall be responsible or liable in any manner to fhe City for any claim, demand, action or
cause of ac#ion of any kind or character arising out of, alfegedly arising out of or by reason of the '
performance, negligent performance or nonperformance of the described maintenance, restoration, I
repair or replacement work by the City, or arising out of the negligence of any confractor under any I
contract let by #he City for the pertormance of said work; and the City agrees to defend, save and ';
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keep said County, its officers, agents and employees harmless from all claims, demands, actions or �
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causes af ac#ion arising out of negfigent performance by the City, its officers, agents or employees. i
12. It is further agreed that neither the City, its officers, agents or employees, either in their ��
individual or officiaf capacity, shall be responsible or liable in any manner to the Counfy for any claim,
demand, action or cause of action of any kind or character arising 4ut of, allegediy arising out of or by �
reason of fhe perFormance, negligent performance ar nonperformance of the described maintenance, i
restoratian, repair or replacement work by the County, or arising out of the negligence of any !
contractor under any contract !et by the County for the performance of said work; and the County j
agrees ta defend, save and keep said City, its officers, agents and employees harmless from all i
cfaims, demands, actions or causes of action arising out of negligent perFormance by the County, its �
officers, agents or employees.
13. It is further agreed that each party to this Agreement shalf not be responsible or lia�le to the
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other or fo any other person or entify for any cfaims, damages, actions, or causes of actions of any
fcind or character arising out of, allegedly arising aut of or by reason of the perFormance, negligent
perFarmance or nonperformance of any work or part hereof by the other as provided herein; ancl each
party #urther agrees to defend at ifs sole cost and expense any action or proceeding commenced for
the purpose of asserting any claim of whatsoever character arising in connec#ion with or by virtue of
perFormance of its own work as provided herein.
14. It is further agreed thaf any and all employees of the City and all other persons engaged by #he j
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City in the pertormance 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 tha# may or might arise under the Warker's Compensation Act or the
Unemployment Compensation Act of the State of Minnesota on behalf of said City employees whi�e i
so engaged and any and all claims made by any third parties as a consequence of any act ar �
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omission on the part of said Cify employees whiie so engaged shafl be the sole responsibility of the �
City and shall not be the obfigation or responsibility of fhe County. �
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CP 44-03
County of Scott
City of Prior Lake
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 pertormed by the County
shall not be considered employees, agents or independent contractors of the City, and that any and
all claims that may ar 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 al! claims made by any third parties as a consequence of any act or omission on the part
of said County employees while so engaged in any of the work or services provided to be rendered
herein shafl be the sole responsibility of the County and shall not be tf�e obligatian or responsibility o#
#he City.
15. The provisions of Minn. Stat. Sec. 181.59 and af any applicable [ocal ordinance relating #o Civil
Rights and discrimination and the affirmative acfion policy statement of Scott Couniy shall be
considered a part of this Agreement as though fufly set forth herein. See Exhibit "A".
16. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5, the books, records, documents, and accounting
procedures and practices of the County and City pursuant to this Agreement shalf be subject to
examination by the County, Ci#y and the State Auditor. Complete and accurate records of the work
performed pursuant to this Agreement shall be kept by the Coun#y and City for a minimum of six (6)
years following fermination of fhis Agreement for such auditing purposes. The retention period shall
be autamatically extended during the course of any administrative or judicial action involving the
County or the City regarding matters to which #he records are relevant. The retention period shall be
automaticaily extended until the administrative or judicial action is finaEly completed or until the
authorized agent of the County or City notifies each party in writing that the records no longer need to
be kepf.
17. The laws of the State of Minnesota shall govern all questions and interpretations concerning
the validity and construction of this Agreement and the legaf relations between the parties and i
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performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those
courts located w�th the Counfy of Scott, Sfate of Minnesota. Litigation, however, in the f�deral courts
involving the parties shall be in the appropriate federal court within the State of Minnesota.
'E8. In the event any pravision of this Agreement shall be held invalid and unenforceable, the '
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remaining provisions shall be vafici and binding upon the parties unless such invalidity or i
non-enforceability would cause the Agreement to fiail its purgose. One or more waivers by either �
par�y of any provision, term, condition or covenant shaEl not be construed by the other party as a �
waiver of a subsequent breach of the same by the other parfy. �
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c� 4a-a3
County of Scott
Cify of Prior Lalce
19. The Counfy's Authorized Agent for the purpose of the administration of fhis Agreement is
Maria A. Heiler, Supervisor Admin Services, or her successor. Her current address and phone
number are Scot# County Highway Departmenf, 600 Country Trail East, Prior Lake, MN 55352, (952)
496-8369.
The City's Authorized Agent for the purpose of the administration of th�s Agreement is Larry ;
Poppler, City Engineer, ar his successor. His currenf address and phone number is 4646 Dakota
Street SE, Prior Lake, MN 55372, (952) 447-9832. Any change in name, address, or telephone shall
be noticed to the other party.
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CP 44-03
County of Scott
City of Prior Lake
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executecf
by their respective duly autharized officers as of the day and year first above written.
CITY OF PRIOR LAKE
(SEAL)
BY And
Ken Hedberg, Mayor Frank Boyles, Cify Manager
Date Date
COUNTY OF SCOTT
ATTEST:
By g
Gary L. Shelton, County Administrator Thomas J, Wo1f, Chair of Its County Board
Date Date
Upon proper execution, fhis Agreement RECOMMEND FOR APPROVAL:
will be legally valid and binding.
By g
Pat Ciliberfo, County Attorney Mitchell J. Rasmussen, County Engineer
Date Date
APPROVED AS TO EXECUTfON:
By
Pat Ciliberto, County At#orney
Dafe
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htip://teamscoopJdi��/Communih�Svcs/contracts/PDProjectContr�cts/Constn�etion Coop_Prior Lflke_CP 21-13.doc i
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EXHIBIT A
POLIGY STATEMENT
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lt is the poliGy of Scatf County Govemment to provide Equal Opportunity to a0 employees and
applicants for employment in accordance with afE applicable Equal Employment Opportunity
laws, dir�ctives, and reguiations of Federaf, Sta#e, artd local gaverning bodies or agencies
thereof, incfuding Minnesota Statutes, Chapter 363.
Scatt County will not engage in any employment practices which discriminate against or
harass any employee or applican# for emp(oyment �ecause of race, color, creed, religian,
national origin, sex, disability, age, martial stafus, sexual orientat�on, or status with regard to
publlc ass(stance, Such employment practices include, but are nat fimited ta, the following:
hiring, upgrading, demotion, fransfer, recru(tment or recruitment advertising, selectian, layoff,
disciplinary action, terminaEion, rates of pay or other farms of compensatian, and selection far
fraining, incfuding apprenticeshlp.
Further, Scott Courtty fuily supports incarporation af nondiscriminatfon rules and regulations
Into contracts and wil! commit the necessary time and resources to achieve the goals af Equal
EmpEoyment Opportunity.
Any employee of the County who does not comply with the Equal Empfoyment Opportunity
Policies an� Procedures set forth in this Staternent and Plan will be subject to disciplinary
actfon. Any subeontractor of the County not camplying with al! appllcable Equal EmpEoyment
Opportunity faws, dirsctives, and regulations of Federal, State, and (ocal governing bodies ar
agencies thereof, including Minnesota Statufes, Chapter 363, wiil be subject to appropriate
contractual sanctions.
Scott County has desfgnated the Employee Relations Directvr as the manager of the Equal
Opportunity Program. 7hese responsibiiities will include monitoring all Equal Employment
Opporiunify activities and reporting fhe effectiveness of this program, as required by Federaf,
State, and local agencies. The Scait County Administrator�will receive and review repor�s on
ihe progress of the program. If any employee or applicant for employment beEieves he or she
has been discriminated against, please cantact #he Scott Counfy Employee Refatlons Direc#ar,
Scoft County Emplayee Rela#ions, Government Center Room 201 � 200 Four#h Avenue Wesi,
Sl�akopee, Minnesota 55379-1220, or call (952) 496-8103.
, ' ' ��,.,,,d � 3
�" � �:�� � /� � // _
ary . Shelton Date Thomas J. Wolf Date �
Scott County Admini$trator " Chalr, �oard of Commissioners �
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