HomeMy WebLinkAbout05(C) - Adopt Resolution No. 20-022 - Authorizing a Cost Sharing of County Highway 42 Report
ITEM: 5C
CITY COUNCIL AGENDA REPORT
MEETING DATE: Februrary 3, 2020
PREPARED BY: Andy Brotzler, Public Works Director/City Engineer
PRESENTED BY: Andy Brotzler
AGENDA ITEM: Adopt Resolution No. 20-022 - Authorizing Prior Lake to Enter into
a Construction Cooperative Agreement with Scott County for Cost
Sharing of County Highway 42 from County Highway 17 to County
Highway 83
GOAL AREA Transportation & Mobility
OBJECTIVE: 1. Maintain quality local street system based on a financially stable
plan that meets Overall Condition targets.
RECOMMENDED ACTION:
Adopt Resolution No. 20-022 - Authorizing Prior Lake to Enter into a Construction Cooperative
Agreement with Scott County for Cost Sharing of County Highway 42 from County Highway 17
to County Highway 83
BACKGROUND:
The purpose of this agenda item is to authorize the Mayor and City Manager to enter into a
construction cooperative agreement with Scott County for maintenance of CH 42 from CH 17 to
CH 83
CURRENT CIRCUMSTANCES:
The County is leading the improvement of CH 42 by reconstructing and modernizing a 1.4 mile
segment of CH 42 from CH 17 to CH 83 from a 2-lane undivided roadway to a four lane
rural/urban hybrid divided roadway. The project will improve roadway profiles, install turn lanes,
formalize access locations, improve storm water management, and add trails along the
roadway.
The County Engineer has prepared an estimate of quantities and unit prices of materials and
labor for the Project. The project is being jointly funded by the County, SMSC, and the cities of
Shakopee and Prior Lake. The estimated cost participation for the city of Prior Lake is
$573,848.00
FINANCIAL IMPACT:
This project was included in the 2020 CIP with an estimated city cost of $605,000 and was
proposed to be funded through a combination of MSA, tax levy, and sanitary sewer trunk funds.
Based on the original plan for funding $200,000 of the estimated project cost, this project and
funding amount was included in the Street Reconstruction plan approved by Council at the
January 21, 2020 City Council meeting. The inclusion and approval of this project and funding
amount in the updated Street Reconstruction plan provides flexibility to be able to use this
funding source and amount but does not require it. At this time, it is anticipated that the project
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5C
Page | 2
will be funded with MSA funds in the estimated amount of $523,083.04; and sanitary sewer
trunk funds in the estimated amount of $50,764.90.
ALTERNATIVES:
1. Motion to adopt a resolution authorizing the Mayor and City Manager to enter into a
Construction Cooperative Agreement with Scott County for cost sharing of
improvements to County Highway 42 from County Highway 17 to County Highway 83.
2. Remove item from consent for discussion
ATTACHMENTS:
1. Resolution - CH 42 County and City Agreement
2. CP42 19 Prior Lake Coop Agreement
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 20-022
A RESOLUTION AUTHORIZING PRIOR LAKE TO ENTER INTO A CONSTRUCTION
COOPERATIVE AGREEMENT WITH SCOTT COUNTY FOR COST SHARING OF COUNTY
HIGHWAY 42 FROM COUNTY HIGHWAY 17 TO COUNTY HIGHWAY 83
Motion By: Second By:
WHEREAS, Scott County has identified the reconstruction of CH 42 between CH 17 and
CH 83 Improvement Project within the Cities of Shakopee and Prior Lake for
construction in 2020; and
WHEREAS, The cost to compete this project is proposed to be partially funded by the City
of Prior Lake; and
WHEREAS, Scott County has prepared a Construction 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 CH 42 between CH 17 and
CH 86 Improvement Project.
3. The City Council authorizes funding for this project as shown:
Passed and adopted by the Prior Lake City Council this 3rd day of February 2020.
VOTE Briggs Thompson Burkart Braid Erickson
Aye
☐
☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
County Project No. CP 42-19
City of Prior Lake
County of Scott
1
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2020, 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 improve County Highway (CH) 42, the project will reconstruct and
modernize a 1.4 mile segment of CH 42 from CH 17 to CH 83 from a two lane undivided roadway to
a four lane rural/urban hybrid divided roadway. The project will improve roadway profiles, install
turn lanes, formalize access locations, improve storm water management, and add trails along the
roadway (hereinafter referred to as the Project).
B. The above described Project lies 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 in the sum of five
hundred seventy three thousand eight hundred forty eight dollars and no cents ($573,848.00). 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 recitals above are incorporated herein.
2.The County shall advertise for bids for the work and construction of the aforesaid Project No. CP 42-19,
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.
3.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
County Project No. CP 42-19
City of Prior Lake
County of Scott
2
and his staff at their request to the extent necessary, but shall have no other responsibility for the supervision
of the work.
4.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 Cost Participation
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.
5.In addition, the County and the City further agree to apportion costs designated as Engineering, and
Contract Administration costs, which includes all actual costs of planning, design, environmental review,
permits, preparation of bid, specifications and contract administration. Division of the aforementioned costs
shall be determined by application of the same percentage used to calculate City’s proportion of
construction cost shown in Exhibit B to the engineering and administration costs determined by County.
6.In addition to costs above, Right of Way costs will be shared by the parties and shall be apportioned at a
percentage set out in Exhibit B for the functional class of the existing roadway and include all associated
costs of right of way in the City’s jurisdiction within the project limits. These costs include right of way
acquisitions, easements, private utilities with property rights, including appraisal costs, property
management, demolition, staff, attorney fees, recording fees, plats, etc.
7.The City shall, based on the Contract price, deposit with the Scott County Treasurer one hundred percent
(100%) of the estimated City's share of the construction, and estimated engineering and right of way costs
(as shown in Exhibit B), 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 the 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.
8.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.
9.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
County Project No. CP 42-19
City of Prior Lake
County of Scott
3
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.
10.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 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.
11.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 the 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.
12.City further agrees to guide the CH 42 Corridor as a Principal Arterial for access, right of way needs and
land use consistent with a Principal Arterial.
13.City shall, at its own expense, remove and replace all City owned signs that are within the construction
limits of the Project and remove and replace the City monument sign by County permit.
14.Upon completion of the 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 CH 42
constructed under the 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.
15.Initial pavement striping and markings shall be included as part of the Project. The County shall be
responsible for all subsequent pavement striping and markings on its county roads as required after the
initial work and shall be responsible for one hundred percent (100%) of the subsequent related costs. The
City shall be responsible for all subsequent striping and markings on its city roads, including pedestrian
markings across its roadways, as required after the initial work and shall be responsible for one hundred
percent (100%) of the subsequent related costs.
16.Upon completion of the Project, the City, at its expense, shall maintain all sanitary and storm sewer
appurtenances, including all stormwater quality, rate control, and volume control features such as ponds,
infiltration basins and all aesthetic landscaping elements. All future maintenance of the stormwater features
shall be the responsibility of the City. The City may in the future alter the stormwater quality, rate control,
and volume control features to accommodate future development as long as County drainage is maintained.
17.Upon completion of the Project, the Cities, at its expense, shall perform snow, ice, and debris removal on all
trails and sidewalks constructed with the Project.
County Project No. CP 42-19
City of Prior Lake
County of Scott
4
18.Upon completion of the Project, the preventative maintenance on trails constructed with this project,
including sealcoating and crack-sealing, will be a shared cost responsibility at 50% and Scott County will
administer the process. A future County Global Maintenance Agreement, upon execution, may supersede
maintenance responsibilities stated in this Agreement.
19.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.
20.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.
21.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 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.
County Project No. CP 42-19
City of Prior Lake
County of Scott
5
22.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.
23.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.
24.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.
25.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.
26.The County’s Authorized Agent for the purpose of the administration of this Agreement is Mandy Flum,
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 Andy Brotzler, or
his successor. His current address and phone number are 17073 Adlemann St. SE, Prior Lake, MN 55372,
952-447-9896. 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
Kirt Briggs, Mayor Jason Wedel, City Manager
Date Date
COUNTY OF SCOTT
ATTEST:
By By
Lezlie A. Vermillion, County Administrator Dave Beer, Chair of Its County
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
Cost Participation Summary