HomeMy WebLinkAbout7A - Pkg. Restrictions CSAH 18
DATE:
7A
KEN SHERMAN, ENGINEERING TECHNICIAN
CONSIDER APPROVAL OF RESOLUTION 95-66
APPROVING PLANS AND SPECIFICATIONS FOR
CSAH 18 AND APPROVAL OF THE
COOPERATIVE AGREEMENT WITH SCOTT
COUNTY, AND RESOLUTION 95-67
AUTHORIZING RESTRICTIONS FOR PARKING ON
CSAH18
AUGUST 7, 1995
AGENDA:
PREPARED BY:
SUBJECT:
INTRODUCTION:
The purpose of this agenda item is to consider
approval of Resolution 95-66 which addresses:
. Approval of the plans and specifications fOi the
improvements to CSAH 18.
. Approval of the cooperative agreement with Scott
County for improvements to CSAH 18.
and Resolution 95-67 restricting parking on CSAH 18.
BACKGROUND:
The CSAH 18 plan is for a four lane facility with a
concrete, non-colored median. The project begins
700 feet north of County Road 42 and terminates at
the south end of the Shakopee Bypass. The total
length of the project in Prior Lake is .35 miles This
project is slated for construction in 1996.
CSAH 18 will link with the new Bloomington-Ferry
bridge, which will be completed in the fall of 1995,
providing a new corridor to the Metro area.
DISCUSSION:
The plans are available at the Public Works office for
review. Staff will be making a presentation at the
meeting.
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTIJNITY EMPLOYER
, ,"_ <~............~~_w,_'_.__..,_'"..,_
The City's share of the costs for CSAH 18 are for
storm sewer, and curb and gutter only. It is the
County's policy that the City pay for 500/0 of the
County's share of the storm sewer cost as determined
by MnDOT's Hydraulic Engineer. The City pays for
500/0 of the curb cost. This does not apply to the curb
for medians.
CSAH 18 is bounded on the west by a 300 acre
parcel that is presently agricultural preserve and on
the east by ten acre country lots. There is potential
for development in this area but not in the near future.
For this reason, improvements that ordinarily might be
associated with a project of this kind will not be done.
It is not possible to determine where sanitary sewer
and water crossings underneath CSAH 18 should be
located. When those locations are identified, in the
future, the crossings will be jacked under the
roadway.
Side road access, particularly to the ten acre lots to
the east, will be right in and out. Accesses with turn
lanes will be installed when this area is developed.
The Leo Verling property to the west will be provided
with access in the future as well. The Agricultural
Preserve Program (which precludes development) for
the Verling property will expire in the year 2001.
There is no way to determine the location of accesses
for that property until such a time that the area is
developed.
For the same reasons there will be no sidewalk ,
bikeway or landscaping. These improvements will be
accomplished when the area is developed.
The county intends for this project to begin in 1996
but is facing a potential lawsuit from residents in the
Shakopee portion of the project. The previous lawsuit
by these same resident's, based on a noise variance,
was disallowed when the State legislature exempted
county roads from needing a noise variance under
certain conditions. The county is requesting that the
City of Prior Lake approve the project at this time to
remove one step from the process.
2
FUNDING:
AL TERNA TIVES:
RECOMMENDATION:
BUDGET IMPACT:
ACTION REQUIRED:
Cooperative Agreement No: 18-9405 is attached. The
project cost is $2,970,487. The total City cost is
estimated to be $53,795. The total will be adjusted
based on actual construction costs.
This project was originally scheduled for 1995. Funds
are available through a previous bond issue.
The Alternatives are as follows:
1. Approval of Resolutions 95-66 and 95-67 are
required from the city for the county to implement
the improvements to CSAH 18
2. Table this item for a specific reason.
3. Deny this Agenda item for a specific reason.
The recommendation is for Alternative No. 1
The Project will be paid for from the 1995 bond issue.
Motion and second to adopt Resolutions 95-66 and
95-67.
REVIEWED BY:
M
3
RESOLUTION 95-66
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR
CSAH 18 AND APPROVAL OF THE
COOPERATIVE AGREEMENT WITH SCOTT COUNTY
MOTION BY:
SECONDED BY:
WHEREAS, plans and specifications showing proposed alignment, profiles, grades and
cross-sections for the construction, reconstruction or improvement of
County State Aid Highway No. 18 within the limits of Prior Lake as a
County project have been prepared and presented to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, MINNESOTA, that said plans and specifications be in all things approved.
Passed and adopted this 7th day of August, 1995.
YES
NO
Andren
Greenfield
Kedrowski
Schenck
Scott
Andren
Greenfield
Kedrowski
Schenck
Scott
Frank Boyles
City Manager
City of Prior Lake.
{ Seal }
4
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTIJNITY EMPLOYER
RESOLUTION 95-67
RESOLUTION AUTHORIZING RESTRICTIONS
FOR
PARKING ON CSAH 18
MOTION BY:
SECONDED BY:
WHEREAS, the County of Scott has planned the improvement of County State Aid
Highway (CSAH) 18 from CSAH 42 to the northerly Prior Lake City
Limits, and
WHEREAS, since the improvement lacks adequate width for parking on both sides of
the street, approval of the proposed construction as a County street project
must therefore include certain parking resolutions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE, MINNESOTA, that the City of Prior Lake shall prohibit the parking of motor
vehicles on both sides of CSAH 18 from CSAH 42 to the northerly Prior Lake City
Limits.
Passed and adopted this 7th day of August, 1995.
YES
NO
Andren
Greenfield
Kedrowski
Schenck
Scott
Andren
Greenfield
Kedrowski
Schenck
Scott
Frank Boyles
City Manager
City of Prior Lake
{Seal}
5
16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTIJNITY EMPLOYER
Agreement No. 18-9405
County Project 91-18-02
CSAH 18
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".
WITN'ESSETH:
WHEREAS, The County and the City have been negotiating to bring about the improvements of County State
Aid Highway 18 from approximately 700 feet north of County State Aid Highway (CSAH) 42 to the Shakopee Bypass
(Engineers Stations 7+54.25 to 26+45.08) as shown on the County Engineers plans for County Project 91-18-02.
which improvements contemplate and include grading, aggregate base, plant mixed bituminous pavement, concrete
curb and gutter, storm sewer, sidewalk, 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 engineers estimate of quantities and unit prices
of material and labor for the above described project and an estimate of the total cost for contract work in the sum
of Two Million Nine Hundred Seventy Thousand Four Hundred Eighty-seven dollars and Ten cents ($2,970.487.10).
The sum of Fifty-three Thousand Seven Hundred Ninety-five dollars and Twenty-three cents ($53,795.23) has been
determined to be the City of Prior Lake's cost participation for this project.
1
Agreement No. 18-9405
A copy of said estimate (marked Exhibit "A") is attached hereto and by this reference made a part hereof; and
WHEREAS, It is contemplated that s~id 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 No.
CP 91-18-02, receive and open bids pursuant to said advertisement and enter into a contract with the succ~ssful
~
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 or its agent shall administer the 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 responsibility for the supervision of the work.
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 on Page 1 of 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.
2
Agreement No. 18-9405
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 (8%) 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 (5%) 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 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."
V
The City shall, based on the contract price, deposit with the Scott County Treasurer ninety percent (90%) 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.
3
Agreement No. 18-9405
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.
VIII
The County reserves the right not to issue any permits for a period of five (5) years after completion ~f 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 shall, at its own expense, remove and replace all City owned signs that are within the construction
limits of this project.
X
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 County State
Aid Highway 18 constructed under this project.
No modification of the above parking restrictions shall be made without first obtaining a resolution from the
County Board of Commissioners permitting said modification.
XI
Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be
responsible or liable in any manner to th~ 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,
4
Agreement No. 18-9405
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.
XII
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 a.ction
:
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 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.
XIII
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.
XIV
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
5
Agreement No. 18-9405
under the Worker's Compensation Act or ttie 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
Workers Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said
County employees while so engaged and any and all claims made by any third parties as a consequence of any
act or omission on the part of said County employees while so engaged in any of the work or services provided to
be rendered herein shall be the sole responsibility of the Cc;>unty and shall in no way be the obligation or
responsibility of the City.
xv
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.
6
Agreement No. 18-9405
County Project No. 91-18-02
CSAH 18
City of Prior Lake
Scott County
IN TESTIMONY WHEREOF. The parties hereto have caused this agreement to be executed by their
respective duly authorized officers as of t~e day and year first above written.
CITY OF PRIOR LAKE
By
Mayor
(SEAL)
Date
And
City Administrator
Date
And
City Clerk
Date
COUNTY OF SCOTT
ATTEST:
By
County Administrator
By
Chai~an of Its County Board
Date
Date
Upon proper execution, this agreement
will be legally valid and binding.
By
County Attorney
RECOMMENDED FOR APPROVAL:
Date
By
County Engineer
Date
APPROVED AS TO EXECUTION:
By
County Attorney
Date
K-WP6O\AGRMT\COOP\911802
10111/94
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