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HomeMy WebLinkAbout5J Revised Flashing Yellow Arrow Project Agreement Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MARCH 19, 2018 AGENDA #: 5J PREPARED BY: JASON WEDEL, PUBLIC WORKS DIRECTOR/CITY ENGINEER PRESENTED BY: JASON WEDEL AGENDA ITEM: CONSIDER APPROVAL OF A REVISED COOPERATIVE AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND SCOTT COUNTY FOR THE FLASHING YELLOW ARROW PROJECT DISCUSSION: Introduction The purpose of this agenda report is to enter into a cooperative agreement with Scott County for cost-sharing of the Flashing Yellow Arrow project within the City of Prior Lake. History This project includes the conversion of the existing traffic signals at the following locations to include flashing yellow arrows: • CSAH 21 at Coachman/Jeffers • CSAH 21 at CSAH 82 • CSAH 21 at Fish Point Road • CSAH 42 at McKenna Road • CSAH 42 at CSAH 18 This project was originally anticipated to be completed in 2017 and was included in the City’s Capital Improvement Plan. The project was ultimately delayed by Scott County and is now proposed to be constructed in 2018. Current Circumstances Scott County is proceeding with completing the conversion of the signal systems identified above to include flashing yellow arrows. Flashing yellow arrow traffic signals feature a flashing yellow arrow in addition to the standard red, yellow and green arrows. When illuminated, the flashing yellow arrow allows waiting motorists to make a left-hand turn after yielding to oncoming traffic. Otherwise, the traffic signals will work the same as before. The County is the lead agency on this project and as such will prepare the construction plans, bid the project, and oversee the construction. The City will be responsible for a portion of the cost of the improvements as outlined in the proposed cooperative agreement. 2 Conclusion This project will help improve traffic flow at these intersections by allowing traffic to make left turns when there is no on-coming traffic. This is a benefit to the citizens of Prior Lake as well as regional users of the Scott County Highway system. Staff is recommending approval of this agreement. ISSUES: The cost split for this project is consistent with Scott County policy and existing agreements between the City and the County for the construction of traffic signals. The cost share is primarily based on the number of legs at the intersection that are under the jurisdiction of the County and the City. For example, the intersection of CSAH21 at Coachman/Jeffers. The north and south bound legs of that intersection are under the jurisdiction of Scott County and the east and west legs are under the jurisdiction of the City of Prior Lake. Therefore the cost for the improvements at that location are split 50/50 between Scott County and Prior Lake. FINANCIAL IMPACT: This project was originally included in the 2017 Capital Improvement Plan at an estimated cost of $75,000 and was proposed to be funded through the general tax levy. However, since the County did not move forward with the project it was not included in the 2017 bond sale. This project has subsequently been moved to the 2018 Capital Improvement Plan. The revised cost estimate from Scott County is $104,670 for the City’s share of the project cost. This is proposed to be funded by the general tax levy and will be included in the City’s 2018 bond sale if necessary. ALTERNATIVES: 1. Motion and second to approve a resolution authorizing the Mayor and City Manager to enter into a Cooperative Agreement with Scott County for cost sharing of the Flashing Yellow Arrow Project as part of the consent agenda. 2. Remove this item from the consent agenda for discussion RECOMMENDED MOTION: Alternative 1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR THE FLASHING YELLOW ARROW PROJECT Motion By: Second By: WHEREAS, Scott County has identified five intersections within the City of Prior Lake to be included in the Flashing Yellow Arrow Project; and WHEREAS, the cost to complete this project is proposed to be partially funded by the City of Prior Lake; and WHEREAS, Scott County has prepared a Cooperative Agreement outlining the financial obligations of the City 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 hereby authorized to enter into the Construction Cooperative Agreement with Scott County for cost sharing of the Flashing Yellow Arrow Project. 3. The funding for this project IN THE AMOUNT OF $104,670 will be from the tax levy and will be included in the City’s 2018 bond sale if necessary. Passed and adopted by the Prior Lake City Council this 19th day of March 2018 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager County Project No. CP 99-01Flashing Yellow Arrow City of Prior Lake County of Scott 1 CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2018, 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". RECITALS: A. County and the City seek to install flashing yellow arrow operations and share costs at the following intersections (hereinafter referred to as the Project): 1. CSAH 21 at Coachman-Jeffers 2. CSAH 21 at CSAH 82 3. CSAH 21 at Fish Point Road 4. CSAH 42 at McKenna Road 5. CSAH 42 at CSAH 18 B. The above described intersection(s) lie within the corporate limits of the City. C. The County Engineer has prepared an 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. The city’s portion of the total cost is estimated in the sum of One Hundred Four Thousand Six Hundred Seventy dollars and no cents ($104,670.00). A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereof. D. It is contemplated that said improvement work shall be carried out by the parties under the provisions of Minn .Stat. Sec. 162.17, subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. The County shall advertise for bids for the work and construction of the aforesaid Project No. CP 99-01, receive and open bids pursuant to said advertisement and enter into a contract (“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 will include the plans and specifications prepared by the County or its agents, which plans and specifications are by this reference made a part hereof. County Project No. CP 99-01Flashing Yellow Arrow City of Prior Lake County of Scott 2 2. County shall have overall authority to administer the Contract and inspect the construction of the Contract work for the Project. County shall have ultimate authority in initiating and determining change orders, supplemental agreements and final quantities. 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 other than the City’s utility work which is included in the project. 3. 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 Exhibit "B". It is further specifically agreed that the estimate referred to in this agreement is only a preliminary estimate of the construction cost for the contract work on the project and that the unit prices set forth in the Contract and the final quantities as measured by the County Engineer shall govern in computing the total final contract construction cost for apportioning the cost of the Project according to the provisions of this paragraph. 4. The City shall, based on the Contract price, deposit with the Scott County Treasurer ninety five percent (95%) of the estimated City's share of the construction and engineering costs as partial payment within thirty (30) days after award of Contract or execution of this Agreement, whichever is later. The final amount of the City's share of construction and engineering costs of the Project shall be determined upon completion of the Project and any amount remaining due to the County shall be reflected in the County's final, itemized, statement of the Project costs submitted to the City. In the event the initial payment exceeds the City's share of these final costs, such overpayment shall be returned to the City by the County. 5. 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. 6. In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this agreement may be submitted, upon agreement of both parties, to mediation, with the cost being shared equally. 7. Since each party is a political subdivision of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers’ Compensation in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 8. All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party. All data collected, created, received, maintained or County Project No. CP 99-01Flashing Yellow Arrow City of Prior Lake County of Scott 3 disseminated for any purpose by the activities of the County or City pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. 9. The City further agrees to provide any and all permanent or temporary right-of-way at no cost to the County on property owned by the City and needed by Scott County for the completion of the Project. 10. This Contract does not alter any existing maintenance agreements between the City and the County. All maintenance agreements shall remain in full force and effect. 11. Neither party, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the other party 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 described maintenance, restoration, repair or replacement work by the other party, or arising out of the negligence of any contractor under any contract let by the other party for the performance of said work; and each party agrees to defend, save, keep and hold harmless the other, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by its officers, agents or employees. 12. It is further agreed that neither party to this Agreement shall be responsible or liable to the other or to any other person or entity 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 and indemnify the other party for 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. Each party’s obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party’s total liability for all claims arising from a single occurrence, include the other party’s claim for indemnification, to the limits prescribed under 466.04. It is further understood and agreed that the Parties’ total liability shall be limited by Minnesota Statute Section 471.59, Subdivision 1(a) as a single governmental unit. 13. It is further agreed that any and all employees of each party and all other persons engaged by a party in the performance of any work or services required or provided herein to be performed by the party shall not be considered employees, agents or independent contractors of the other party, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and County Project No. CP 99-01Flashing Yellow Arrow City of Prior Lake County of Scott 4 all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged shall be the sole responsibility of the employing party and shall not be the obligation or responsibility of the other party. 14. The provisions of Minn. Stat. Sec. 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, including Exhibit A, which is attached and hereby incorporated. 15. 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 shall be subject to examination by the County, City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the County and City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County or the City regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County or City notifies each party in writing that the records no longer need to be kept. 16. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder shall be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties shall be in the appropriate federal court within the State of Minnesota. 17. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 18. The County’s Authorized Agent for the purpose of the administration of this Agreement is Miranda Chard, Program Specialist, or her successor. Her current address and phone number are Scott County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8043. The City’s Authorized Agent for the purpose of the administration of this Agreement is Jason Wedel, or his successor. His current address and phone number are 17073 Adelmann St. SE, Prior Lake, County Project No. CP 99-01Flashing Yellow Arrow City of Prior Lake County of Scott 5 MN 55372, 952-447-9832. Any change in name, address, or telephone shall be noticed to the other party. 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 Gary L. Shelton, County Administrator Thomas J. Wolf, Chair of Its County Board Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Jeanne Andersen, Assistant County Attorney Anthony J. Winiecki, County Engineer Date Date EXHIBIT A EXHIBIT B