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HomeMy WebLinkAbout7B - Resolution 95-49 DATE: 7B KEN SHERMAN, ENGINEERING TECHNICIAN CONSIDER APPROVAL OF RESOLUTION 95-49 APPROVING PLANS AND SPECIFICATIONS FOR CSAH 44 AND APPROVAL OF THE COOPERATIVE AGREEMENT WITH SCOTT COUNTY, AND RESOLUTION 95-46 AUTHORIZING RESTRICTIONS FOR PARKING ON CSAH 44 June 19,1995 AGENDA: PREPARED BY: SUBJECT: INTRODUCTION: The purpose of this agenda item is to consider passage of Resolution 95-49 which addresses: . Approval of the plans and specifications for the improvements to CSAH 44. . Approval of the cooperative agreement with Scott County for improvements to CSAH 44. and Resolution 95-46 restricting parking on CSAH 44. BACKGROUND: At the October 3, 1994 council meeting, a motion was passed approving CSAH improvements to a four lane highway with the following provisions: 1. Adequate buffering and screening be provided where necessary. An informational meeting was held on April 19th with all property owners. The city's landscape plans, designed by TKDA has met "most" concerns of the resident's. Scott County officials met with members of the Lodgewood Association including their president, Terry Kaduff. Issues regarding landscaping and buffering were discussed and resolved. 16200 Eagle Creek Ave., Prior Lake, Minnesota 5537d-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORruNITY EMPLOYER 1 2. Council to set a budget for landscaping. The cost of landscaping for CSAH 44 is $45,390 which is below the $50,000 budget. 3. The sidewalks to be constructed on the south side and bike trails on the north side of CSAH 44. The sidewalk and bikeway will be constructed according to this provision. 4. A four way stop sign or a signal be erected at the intersection of Franklin Trail and CSAH 44. Scott County conducted a signal warrant study in the fall of 1995 and projected the results for four years. They determined that a signal would not be needed until 1997 . The county is recounting the traffic the week of June 9, 1995 and will determine if the intersection will meet warrants in the next three years. If so, the county will let a separate contract for a signal which would be installed concurrently with the CSAH 44 improvement. If not, the current plans would be used, which provide for a future signal by installing conduit and hand holes with this project. 5. A signal be installed at Fish Point Road and CSAH 44 intersection. A signal will be installed. 6. Look into the possibility of burying utility lines and explore fully before eliminating as an option. City staff conducted an exhaustive study on the subject of undergrounding utilities in general and presented a report on March 6,1995 to the council. The cost of $170,000 for burying in the right of way was determined to be prohibitive. City staff also researched costs and met with residents for undergrounding a small area on the 2 ALTERNATIVES: RECOMMENDATION: BUDGET IMPACT: Scott Merkley of Scott County has discussed this with the schools and has their approval for this schedule. As part of the cooperative agreement, the City shall provide enforcement of "No Parking" on CSAH 44. Enclosed is Resolution 95-46 addressing "No Parking". Cooperative agreement no: 9507 is attached. The project cost is $1,577,000. The total city cost is estimated to be $500,000. The total will be adjusted based on actual construction costs. Included inthe costs are: 1. It is the county's policy that the City pay for 50% of the County's share of the storm sewer cost as determined by MnDot's Hydraulic Engineer. For the purpose of the estimate , the City's cost has been estimated at 75% of the storm sewer cost. The amount for the storm sewer will be adjusted based on MnDot's determination. 2. The City pays for 50% of the curb cost. This does not apply to the curb for medians. 3. The City pays for 100% of the landscaping, utilities, and sidewalk costs. The alternatives are as follows: 1. Approve Resolutions 95-49 and 95-46 as recommended. 2. Table this item for a specific reason. 3. Deny this Agenda item for a specific reason. Alternate 1. Approve Resolutions 95-49 and 95-46 if the signal at Franklin Trail is installed. Council direction is needed if the signal will not be installed. The Project will be paid for from a 1995 bond issue. 4 ACTION REQUIRED: Motion and second to adopt resolutions 95-49 and 95-46. REVIEWED BY: agenda 5 RESOLUTION 95-49 A Resolution Approving Scott County Plans to Improve County State Aid Highway 44 Between T .H. 13 and the East City Limits SAP 70-644-01 MOTION BY: SECOND BY: WHEREAS, the City of Prior Lake and Scott County desire to complete improvements to County State Aid Highway 44 from T.H. 13 on the west to the City's easterly City limits; and WHEREAS, plans for Project No. SAP 70-644-01 showing proposed alignment, profiles, grades and cross-sections for the construction, reconstruction or improvement of County State Aid Highway No. 44 within the limits of the City as a State Aid Project have been prepared and presented to the City; and WHEREAS, Scott County and the City of Prior Lake have prepared a Construction Cooperative Agreement acceptable to both parties. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA that the plans and specifications for the above enumerated improvements are hereby approved; and FURTHER, that the Construction Cooperative Agreement 9507 between the City of Prior Lake and Scott County is hereby approved and the Mayor and City Manager are authorized to execute said agreements. Passed and adopted this 19th day of June, 1995. YES NO Andren Greenfield Kedrowski Schenck Andren Greenfield Kedrowski Schenck Frank Boyles City Manager City of Prior Lake { Seal} 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 95-46 A Resolution Restricting Parking on County State Aid Highway 44 Between TH 13 and the East City Limits SAP 70-644-01 MOTION BY: SECOND BY: WHEREAS, the County of Scott has planned the improvement of County State Aid Highway 44 from TH 13 to the East City Limits of Prior Lake; and WHEREAS, the County of Scott will be expending County State Aid Funds on the improvement of this highway; and WHEREAS, since this improvement lacks adequate width for parking on both sides of the road, approval of the proposed construction as A County State Aid Project must therefore include certain parking restrictions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: That the City of Prior Lake shall prohibit the parking of motor vehicles on both sides of CSAH 44 from TH 13 to the East City Limits. Passed and adopted this 19th day of June, 1995. YES NO Andren Greenfield Kedrowski Schenck Andren Greenfield Kedrowski Schenck Frank Boyles City Manager City of Prior Lake { Seal} 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORruNITY EMPLOYER Agreement No. 9507 State Aid Project No. 70-644-01 City of Prior Lake County of Scott CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this _ day of ,19_, by and between the County of Scott, a body politic and corporate under the laws of the State' of Minnesota, hereinafter referred to as the "County" and the City of Prior Lake, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvement of County State Aid Highway 44 from TH 13 to the East City Limits (Engineer's Stations 99+50 to 153+55.50) as shown on the County Engineer's plans for SAP 70-644-01 which improvement contemplates and includes grading, aggregate base, plant-mixed bituminous surface, concrete curb and gutter, traffic signal, storm sewer, landscaping and other related improvements; and WHEREAS, The above described project lies within the corporate limits of the City, and WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above de~cribed project and an estimate of the total cost for contract work in the sum of One Million Three Hundred Seventy-five Thousand Three Hundred Eighty-eight dollars and 40 cents ($1,375,388.40). A copy of said estimate (marked Exhibit "A") is attached hereto and by this reference made a part herecf; and WHEREAS, The City proposes to include some utility improvements, City Project 95-06, in conjunction with SAP 70-644-01, which improvements contemplate and include watermain and sanitary sewer; and 1 Agreement No. 9507 State Aid Project No. 70-644-01 City of Prior Lake County of Scott WHEREAS, The City's Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above described City utility project and an estimate of the total cost for contract work in the sum of Forty-two Thousand One Hundred Ninety-nine Dollars and Fifty cents ($42,199.50). A copy of said estimate (marked Exhibit "B") is attached hereto and by this reference made a part hereof; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec. 162.17, Subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: The County or its agents will advertise for bids for the work and construction of the aforesaid Project Nos. SAP 70-644-01 and CP 95-06, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for counties. The contract is in form and includes the plans and specifications prepared by the County or its agents, which said plans and specifications are by this reference made a part hereof. II " The County shall have overall authority to administer the joint contract and inspect the construction of the contract work contemplated herewith. The City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but shall have no other authority for supervision of the work. 2 Agreement No. 9507 State Aid Project No. 70-644-01 City of Prior Lake County of Scott III The City shall reimburse the County for its share in the construction cost of the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate referred to in this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. IV In addition to payment of the City's proportionate share of the contract construction cost, the County and the City further agree to participate in the Preliminary Engineering, which includes all costs of planning, design and preparation of plans and specifications, in an amount of eight percent (80/0) of the cost of construction. The County and City further agree to participate in the construction engineering, which includes the complete staking, inspection and supervision of the construction, in an amount of five percent (50/0) of the final contract amount. Participation of engineering costs by the City shall be the same percentage as the total construction participation. The cost of the items in which the County shall participate shall be based on the unit prices in the contract and the final construction quantities as determined by the Project Engineer in charge. The County and the City shall participate in the cost of the storm sewer construction as shown in Exhibit "A" and per recommendation of the Hydraulics Engineer of the Minnesota Department of Transportation and the Scott County Highway Department's "Policies for Cost Participation with Municipalities." 3 Agreement No. 9507 State Aid Project No. 70-644-01 City of Prior Lake County of Scott v The City shall, based on the contract price, deposit with the Scott County Treasurer ninety percent (900/0) of the estimated City's share of the construction and engineering costs as partial payment within thirty (30) days after award of contract and execution of this Agreement, whichever is later. The remaining amount of the City's share of construction and engineering costs of this project shall be paid to the County upon completion of the project and submittal to the City of the County's final, itemized, statement of the project costs. In the event the partial payment exceeds the City's share of these final costs, such overpayment shall be returned to the City by the County. VI The County Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the City upon request. VII All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of the County or City pursuant to this Contract shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 4 Agreement No. 9507 State Aid Project No. 70-644-01 City of Prior Lake County of Scott VIII The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. IX The City agrees that any City license required to perform electrical work within the City shall be issued to the Contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. All fees, permits, bonds, etc., shall be issued to the Contractor or the County at no cost to the Contractor or the County. X The City shall install, or cause the installation of an adequate three wire, 120/240 Volt, single phase, alternating current electrical power connection to the controller cabinet for the traffic signal system at the CSAH 44 and Fish Point Road intersection at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal system and integral street lights to be installed at the CSAH 44 and Fish Point Road intersection, all at the sole cost and expense of the City. The City shall be responsible for all costs to provide the electrical energy for the operation of the traffic control signal system, integral street lights and for all costs associated with the installation and operation of the Emergency Vehicle Preemption system installed with the traffic signal system to be installed at the CSAH 44 and Fish Point Road intersection. 5 Agreement No. 9507 State Aid Project No. 70-644-01 City of Prior Lake County of Scott XI The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal systems; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. XII Upon completion of the work, the County shall maintain and repair said traffic control signal system at CSAH 44 and Fish Point Road intersection at the sole cost and expense of the County. Further, the County shall maintain the integral street lights for the City except for maintaining photoelectrical controls, relamping, glassware, and cleaning of the glassware thereof. The City shall maintain and repair the Emergency Vehicle Preemption system at the sole cost and expense of the City. XIII The County shall have the right to modify the Landscape Plan as required due to the non-acquisition of easements needed for landscaping placement outside of the proposed right-of-way shown on the plans for this project. XIV The.- City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. XV Upon completion of this project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of CSAH 44 constructed under this project. 6 Agreement No. 9507 State Aid Project No. 70-644-01 City of Prior Lake County of Scott No modification of the above parking restrictions shall be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XVI Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. XVII It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or cha'racter arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. 7 Agreement No. 9507 State Aid Project No. 70-644-01 City of Prior Lake County of Scott XVIII It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XIX It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the Work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that mayor 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 8 Agreement No. 9507 State Aid Project No. 70-644-01 City of Prior Lake County of Scott and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. xx The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 9 Agreement No. 9507 State Aid Project No. 70-644-01 City of Prior Lake County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF PRIOR LAKE (SEAL) By And Mayor City Administrator Date Date COUNTY OF SCOTT ATTEST: By By County Administrator Chairman of Its County Board Date Date Upon proper execution, this agreement will be legally valid and binding. RECOMMEND FOR APPROVAL: By By County Attorney . County Highway Engineer Date Date APPROVED AS TO EXECUTION: By County Attorney Date JF-WP60\AGRMliCOOP\9S07 07/21/93 Rev. 6/5/95 9