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HomeMy WebLinkAbout05(K) - Resolution Approving C.H. 21, C.H. 87 & 170th Street Construction Cooperative Agreement (CP 2020-29) Report County Project No. CP 21-29 S.A.P. 070-621-037(County) S.A.P. 201-020-011 (City) City of Prior Lake County of Scott 1 CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, 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 City plan to improve the County Highway (“CH”) 21/ 87/170th Street intersection area to establish a ¾ intersection at the current CH 21/ 87 intersection location and provide left and right turn lanes along CH 21 (hereinafter referred to as the “Project”). The Project will include grading, storm sewer, curb and gutter, sidewalk, trail, bituminous paving, utility installation and other related improvements. B. The purpose of this project is to improve the operational safety and efficiency of the intersection area and to provide an appropriate alignment so that local economic development can occur. C. City is the lead agency in the design, letting and contract administration of the project. County will lead in inspecting construction of the Project. D. The project will be constructed in 2023 in accordance with the 2022 County Project (“CP”) 21-29 listed in the County 2022-2031 Transportation Improvement Program. E. It is contemplated that the Project 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 and made a part of this agreement as if they had been fully restated. 2. The City shall prepare the Project plans, proposal documents and advertise for bids for the construction of the Project, receive and open bids pursuant to said advertisement and enter into a contract (hereinafter referred to as the (“Contract”) with the successful bidder at the unit prices specified in the bid of such bidder, according to law applicable to cities and City policies. County Project No. CP 21-29 S.A.P. 070-621-037(County) S.A.P. 201-020-011 (City) City of Prior Lake County of Scott 2 3. The Contract will include the plans and specifications prepared by the City or its agents, which plans and specifications are by this reference made a part hereof. 4. City shall have overall authority to administer the Contract and oversee inspection of the construction of the Contract work for the Project. City shall have ultimate authority in approving change orders, supplemental agreements and final quantities. County will provide primary inspection of the Contract work and shall cooperate with the City Engineer and City staff at their request to administer the Contract. 5. A cost estimate for construction of the Project is attached to this agreement and incorporated as “Exhibit A”. It is specifically agreed that the estimate(s) attached in this agreement is only a preliminary estimate of the cost for the work on the Project and that the unit prices set forth in the Contract and the final quantities as measured by the City Engineer shall govern in computing the total final construction cost for apportioning the cost of the Project according to the provisions of this paragraph. Based upon the total final construction costs: a. County shall pay one hundred percent (100%) of the participating roadway and storm sewer costs of reconstruction of CH 87. b. County shall pay the first $250,000 of the Participating Storm Sewer costs associated with reconstruction along CH 21. County shall pay thirty-five percent (35%) of the remaining costs of the Participating Roadway and Storm Sewer costs of CH 21 reconstruction. County shall pay one hundred percent (100%) of the CH 87 mill and overlay costs. c. County shall pay one hundred percent (100%) of the Project’s material testing. d. County and the City further agree each agency will be responsible for their individual costs for Contract Administration, including the cost of contract inspection. e. All other costs of construction shall be the responsibility of the City. f. Total County cost responsibility for construction shall not exceed one hundred five percent (105%) of the County’s portion of the awarded bid amount. 6. The cost to acquire Right of Way shall be apportioned as follows: a. City shall pay one hundred percent (100%) of acquisitions costs including but not limited to: 1) private utilities with property rights 2) appraisal costs 3) property management 4) demolition County Project No. CP 21-29 S.A.P. 070-621-037(County) S.A.P. 201-020-011 (City) City of Prior Lake County of Scott 3 5) staff 6) attorney fees 7) recording fees 8) plats b. County shall pay one hundred percent (100%) of the actual purchase price of temporary easement and permanent right of way for each parcel up to one hundred twenty percent (120%) of the Just Compensation by Market Value Appraisal of each parcel. 7. The County shall, based on the Contract price, deposit with the City one hundred percent (100%) of the estimated County's share of construction 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 County's share of construction costs of the Project shall be determined upon completion of the Project and any amount remaining due to the City shall be reflected in the City's final, itemized, statement of the Project costs submitted to the County. In the event the initial payment exceeds the County's share of these final costs, such overpayment shall be returned to the County by the City. 8. The City Engineer shall prepare monthly progress payments to the contractor as provided in the specifications. A copy of these payments shall be furnished to the County upon request. 9. 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. 10. City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of the Project. 11. 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 those portions of CH 21 and CH 87 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. 12. 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 County Project No. CP 21-29 S.A.P. 070-621-037(County) S.A.P. 201-020-011 (City) City of Prior Lake County of Scott 4 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. 13. Upon completion of the Project, 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. 14. Upon completion of the Project, the City, at its expense, shall perform snow, ice, and debris removal on all trails and sidewalks constructed with the Project. 15. Upon completion of the Project, preventative maintenance on trails constructed with the Project, including sealcoating and crack-sealing, will be a shared cost responsibility with each agency being responsible for fifty percent (50%) of the cost. The County will administer the preventative trail maintenance process. 16. A future County Global Maintenance Agreement, upon execution, may supersede maintenance responsibilities stated in this Agreement. 17. Since each party is a political subdivision of the State of Minnesota, each party shall maintain a program of self-insurance or insurance covering 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 coverage shall be kept in effect during the entire term of this Agreement. 18. 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. 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 County Project No. CP 21-29 S.A.P. 070-621-037(County) S.A.P. 201-020-011 (City) City of Prior Lake County of Scott 5 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. 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. 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 County Project No. CP 21-29 S.A.P. 070-621-037(County) S.A.P. 201-020-011 (City) City of Prior Lake County of Scott 6 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 Mary Keen, Contract Management Coordinator - Transportation, or her successor. Her current address and phone number are Scott County, 200 Fourth Avenue West, Shakopee, MN 55379, (952) 496-8491. 27. The City’s Authorized Agent for the purpose of the administration of this Agreement is Andy Brotzler, Public Works Director, or his successor. His current address and phone number are 4646 Dakota Street SE, Prior Lake, MN 55372-1714, (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 By And Kirt Briggs, Mayor Jason Wedel, City Manager Date Date COUNTY OF SCOTT ATTEST: By By Michael L. Beard, Chair of Its County Lezlie Vermillion, County Administrator 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 INITIAL STORM SEWER CONSTRUCTION $250,000.00 35% OF REMAINING CH 21 PARTICIPATING ROADWAY AND STORM SEWER $930,594.58 CH 87 ROADWAY $175,466.00 CH 87 MILL AND OVERLAY $325,007.00 TOTAL ESTIMATED COUNTY COST $1,681,067.58 ITEM COST COUNTY ESTIMATED COST OF CONSTRUCTION EXHIBIT B Request for Board Action BOARD MEETING DATE: 6/21/2022 AGENDA ITEM NUMBER: 7.8 Department Information ORIGINATING DIVISION/DEPARTMENT: Transportation Services/Program Delivery (Construction) PRESENTER(S): Lisa Freese--8363 PROJECT: CP 21-29 Agenda Item Details AGENDA ITEM TYPE: Consent TIME REQUESTED: None ACTION REQUESTED: Adopt Resolution No. 2022-162; Approving Entering into a Construction Cooperative Agreement with the City of Prior Lake for the County Highway 21 and Revere Way Project ORGANIZATIONAL VALUES: Customer Service: We will deliver government services in a respectful, responsive, and solution- oriented manner Communication: We will always be clear about what we’re doing and why we’re doing it Collaboration: We will work with partners - communities, schools, faith groups, private business, and non-profit agencies - to see that services are not duplicated but rather are complimentary, aligned, and provided by the partners who can deliver the service most effectively Stewardship: We will work proactively to make investments, guided by resident input, which will transform lives, communities, and government BACKGROUND/JUSTIFICATION: The purpose of this agenda item is to adopt Resolution No. 2022-162; Approving Entering into a Construction Cooperative Agreement with the City of Prior Lake for the County Highway 21 and Revere Way Project. In 2019, the County initiated a traffic study in order to determine the most appropriate future intersection configuration for the County Highway (CH) 21/87 (Revere Way) and CH 21/170th Street offset intersections. The City of Prior Lake (City), Spring Lake Township and Credit River Township participated in this study. The study considered future traffic growth, commercial and residential land development and area intersection operations and crash history. Numerous intersection design alternatives were reviewed and it was determined a 3/4 intersection that provides left and right turn lanes along CH 21 onto a single realigned intersection of CH 87/170th Street would best support Prior Lake's planned commercial development, and support traffic operations and safety on CH 21. During this timeframe, the City received a development proposal and requested that the County expedite a project at this intersection to facilitate this planned commercial development. The County and City have reached agreement on a funding package for this project based on the County's cost participation policy for development-driven projects. The City is leading the final design, advertisement, right of way acquisition, letting and contract administration of the project. Page 89 of 153 The County will provide the construction inspection and provide support to the City for construction pay vouchers and change orders. It is anticipated the project will be let during the Fall of 2022 and construction will begin in the spring of 2023. A Construction Cooperative Agreement between the County and City will define agency roles, responsibilities and financial terms for the project. The County has agreed to contribute 100 percent of the work on CH 87, and 35 percent of the CH 21 roadway and storm sewer construction costs. The County will also participate in right of way costs on CH 21, with the city providing the acquisition services. As part of this project, the section of CH 87 from CH 21 south to 180th Street will be milled and resurfaced in preparation for the turnback of this segment of roadway. At the completion of construction, this remaining segment of CH 87 will be turned back to the cities of Prior Lake and Credit River and Spring Lake Township. BUDGET AMENDMENT: No FUNDING DESCRIPTION: The CH 21 and Revere Way Project is programmed in the 2022-2031 Transportation Improvement Program (TIP) for 2022 with $1.885 million budgeted to cover the County share of the project costs. This is a City of Prior Lake led project with County cost participation and construction inspection as a partner to the project. ATTACHMENTS: 1.2022_RBA_21-87_Intersection_Location Action ACTION TAKEN: MOTION/SECOND/VOTE: DEPUTY CLERK: Page 90 of 153 APPROVED BWB/TW/5 AYES Council Item Location Map CH 21 CH 87 170th Street Construction Project (CP 2022-29) N A 0.1 0.2 0.3 Miles 12/05/22 This product is for informational purposes and is not suitable for legaL @n9ineerin9, or su,veyin9 purposes, This product has been produced by the Qty of Prior Lake for the sole purpose of geographic rt!ference. No w.irr.;;inty is made by the City of Prior Lake regarding specific .teCYtacy or completeness. 0.4