HomeMy WebLinkAbout5E Regional Park & Ride
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
October 2, 2006
SE
Kelly Meyer, Asst. to the City Manager
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR
AND CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT
WITH SCOTT COUNTY FOR PHASE I CONSTRUCTION OF A REGIONAL
PARK & RIDE FACILITY.
Historv: In 2004, the cities of Scott County, together with the County, hired a
consultant to conduct an analysis of transit services and capacities in Scott
County, and to make recommendations on how to best meet growing transit
demands. The plan, known as the Unified Transit Management Plan, was
completed in May of 2005, and adopted with conditions by the City Council on
August 1, 2005.
The Unified Transit Management Plan identified an immediate need for more
transit service and facilities in Scott County. Based on those
recommendations, the City of Shakopee is planning to implement express
service in the spring of 2007. The Laker Lines service operated by Prior lake
has responded by adjusting routes to utilize the Highway 169 corridor, by
relocating its park & ride to a larger facility more convenient to the corridor,
and by adding an additional morning and evening route.
With respect to facilities, Prior lake has been working with the City of
Shakopee, Scott County, and the Metropolitan Council to plan for the
construction of a 500-stall regional park & ride faCility on property north of the
Home Depot site at the intersection of Highway 169 and CSAH 18. In June
2006, the City Council approved a memorandum of understanding between
the parties that identified the obligations of each entity.
Current Circumstances: To date, the land has been acquired, and engineering
and design of the site has been completed. The Metropolitan Council has
made a significant capital investment in acquiring the land, as has Scott
County. The land acquisition has been funded entirely without investment on
behalf of either the City of Shakopee or the City of Prior lake. The primary
investment by the cities of Shakopee and Prior lake will be in funding the local
construction match required under the terms of the federal grant.
The next step in the project is do complete Phase I of the construction of the
facility, which includes building demolition, site excavation and tree removal.
The engineer's estimate for Phase I construction is $189,380.00. Bids have
been let, and the bid opening will be conducted on October 10th. Phase 2 of
the project, including grading work and lot construction, will be let under a
separate contract.
www.cityofpriorlake.com
1:\COUNCIL\A.GNRPTS\2006\P&R coop Mto~~~4230 / Fax 952.447.4245
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION
Reviewed by:
Conclusion: The cooperative agreement under consideration by the City
Council formalizes (for Phase I of the construction> the agreement and funding
obligations set out in the June 2006 memorandum of understanding.
The engineer's estimate for Phase I construction is $189,380.00. We will not
know the actual costs until the bid opening on October 10th. $140,000 will be
contributed to this portion of the project from federal funding. Under the terms
of the Memorandum of Understanding, and the cooperative agreement under
consideration, the remaining balance would be funded by the City of Shakopee
and the City of Prior lake proportionately - 60% by Shakopee and 40% by
Prior lake. Based upon the engineer's estimate, Prior lake's share would be
$19,752.00. Funding for this purpose would come from the transit fund
balance which has adequate funding available.
If the actual bid is higher than the engineer's estimate, Prior lake would be
responsible to pay 40% of the difference. If the bid is under, the City would be
refunded accordingly.
1. Approve the Resolution as part of the consent agenda authorizing the
Mayor and City Manager to enter into a Cooperative Agreement with Scott
County for Phase I construction of the regional park & ride facility.
2. Remove this item from the consent agenda for further discussion.
Alternative 1.
(
ager
I :\COUNCIL \AG N R PTS\2006\P&R
- pnase I
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 06-XX
AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER
INTO A COOPERATIVE AGREEMENT WITH SCOTT COUNTY
FOR PHASE I CONSTRUCTION OF A REGIONAL PARK & RIDE FACILITY.
WHEREAS, the City Council recognizes the value of providing quality, cost-effective transit services
for the Prior lake community; and
WHEREAS, The City's 2030 Vision and Strategic Plan identifies addressing transit needs as a goal
in providing a better quality community; and
WHEREAS, the City values its partnerships with Scott County and other Scott County communties;
and
WHEREAS, in August 2005, the Prior lake City Council and the other Scott County communities
adopted a Unified Transit Management Plan which identified an immediate need for a
500-stall park & ride facility in Scott County; and
WHEREAS, Scott County, the Metropolitan Council, the City of Shakopee and the City of Prior lake
have been working cooperatively to identify a project that would address this need; and
WHEREAS, in June 2006, the City Council entered into a Memorandum of Understanding outlining
the project and the roles and obligations of the parties; and
WHEREAS, bids for Phase I of the construction have been let; and
WHEREAS, the cooperative agreement proposed is consistent with the terms of the Memorandum of
Understanding for Phase I of the 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 on behalf of the City Council to execute the
cooperative agreement for Phase I construction of the regional park & ride facility.
3. Funding not to exceed 40% of the difference between the successful bidder and the federal
contribution shall be drawn from the Transit Fund balance.
PASSED AND ADOPTED THIS 2ND DAY OF OCTOBER, 2006.
YES
NO
Haugen Haugen
Dornbush Dornbush
Erickson Erickson
LeMair LeMair
Millar Millar
Frank Boyles, City Manager
I:\COUNCIL\RESOLUTI\ADMINRES\2006\P&R coop agt ~f~~wll2f~~m
Phone 952.447.4230 / Fax 952.447.4245
County Project No. CP 18-06
City of Prior Lake
October 2006
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this _ day of ,20_, 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. The County and the City seek to provide efficient transit services to the residents of Scott County, and
have begun to plan for the development of a regional park-and-ride facility that would accommodate
500 parking spaces with the potential to be expanded or decked at the CR 18 and Hwy. 169 site as
shown on the County Engineer's plans for County Project No. CP 18-06 (SP 70-596-01)
B. The project will be completed in two phases, with Phase 1 improvements including building
demolition, site excavation and tree removal (hereinafter referred to as the Project). Phase 2 will be
let under a separate contract and will have separate Agreements.
C. The above described Project lies within the corporate limits of the City of Shako pee.
D. The Consultant (who is under contract with the County) has prepared an engineer's 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 for Phase 1 construction in the sum of One Hundred Eighty-Nine
Thousand Three Hundred Eighty Dollars and no cents ($189,380.00).
A copy of said estimate (marked Exhibit "B") is attached hereto and made a part hereof.
E. It is contemplated that all of the above improvement work shall be carried out by the parties under the
provisions ofMinn .Stat. Sec. 162.17, subd. 1.
NOW, THEREFORE, IT IS HEREBY AGREED:
1. The County or its agents shall advertise for bids for the work and construction of the aforesaid Project
No. CP 18-06 (SP 70-596-01), 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 form contract, including the plans and specifications prepared by the County or its
agents, are attached incorporated as Exhibit C.
2. The County shall have overall authority to administer the contract and inspect the construction of the
contract work for the Project. The County shall have ultimate authority in initiating and determining change
orders, supplemental agreements and final quantities. The City Engineer shall cooperate with the County
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County Project No. CP 18-06
City of Prior Lake
October 2006
Engineer and his staff at their request to the extent necessary, but shall have no other responsibility for the
supervision of the work.
3. The City shall reimburse the County for its share forty percent (40%) of the non-federal construction
costs and contract administration costs (staking, vouchers, inspections, construction oversight) of the contract
work for said Project over and above the $140,000.00 that is federally funded and the total final contract
construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "B" 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 County 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.
4. In addition to payment of the City's proportionate share forty percent (40%) of the contract construction
cost, the County and the City further agree that the County shall invoice the City for fees (tree removal and
permit fees, but not limited to) that are incurred during the construction process.
5. 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 engineering costs as partial payment within thirty
(30) days after award of contract and execution ofthis Agreement, whichever is later.
The final amount of the City's share of construction and engineering costs of the Project shall be
determined and any amount due 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 initial payment exceeds the City's share of these final costs, such overpayment shall be
returned to the City by the County.
6. 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.
7. 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 shall be submitted, upon agreement of both parties, to mediation, with the
cost being shared equally.
8. Since each party recognizes each other as 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
2
County Project No. CP 18-06
City of Prior Lake
October 2006
under Minn. Stat. Sec. 466.04 and Workers' Compensation and shall be in accordance with the Minnesota
statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement.
9. 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.
10. 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 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.
11. 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 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 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.
12. It is further agreed that each party to this Agreement shall not 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 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.
13. 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
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County Project No. CP 18-06
City of Prior Lake
October 2006
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 shall be the sole
responsibility of the City and shall not 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 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 shall be the sole
responsibility of the County and shall not be the obligation or responsibility of the City.
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. See Exhibit "A".
15. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5 (2004), 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 will 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
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County Project No. CP 18-06
City of Prior Lake
October 2006
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 Maria A.
Heller, Public Works Technician, or her successor. Her current address and phone number are Scott County
Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8369.
The City's Authorized Agent for the purpose of the administration of this Agreement is Frank Boyles,
City Administrator, or his successor. His current address and phone number are 16200 Eagle Creek SW, Prior
Lake, MN 55372, (952) 447-4230. 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
Jack G. Haugen, Mayor
By
Frank Boyles, City Administrator
Date
Date
COUNTY OF SCOTT
ATTEST:
By
David Unmacht, County Administrator
By
Jon Ulrich, Chair of Its County Board
Date
Date
Upon proper execution, this Agreement
will be legally valid and binding.
RECOMMEND FOR APPROVAL:
By
Pat Ciliberto, County Attorney
By
Mitchell J. Rasmussen, County Engineer
Date
Date
5
County Project No. CP 18-06
City of Prior Lake
October 2006
APPROVED AS TO EXECUTION:
By
Pat Ciliberto, County Attorney
Date
W:\ WORD\PROJECT\CP 18-06\Construction _Coop ]rior Lake.doc
6
County Project No. CP 18-06
City of Prior Lake
October 2006
EXHIBIT A
I
POLICY STATEMENT
I
It is the policy of Scott County Government to provide Equal Opportunity to all employees and
applicants for employment in accordance with all applicable Equal Employment Opportunity
laws, directives, and regulations of Federal, State, and local governing bodies or agencies
thereof, including Minnesota Statutes, Chapter 363.
Scott County will not engage in any employment practices which discriminate against or
harass any employee or applicant for employment because of race, color, creed, religion,
national origin, sex, disability, age, martial status, sexual orientation, or status with regard to
public assistance. Such employment practices include, but are not limited to, the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff,
disciplinary action, termination, rates of payor other forms of compensation, and selection for
training, including apprenticeship.
Further, Scott County fully supports incorporation of nondiscrimination rules and regulations
into contracts and will commit the necessary time and resources to achieve the goals of Equal
Employment Opportunity.
Any employee of the County who does not comply with the Equal Employment Opportunity
Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary
action. Any subcontractor of the County notcomplying with all applicable Equal Employment
Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or
agencies thereof, including Minnesota Statutes, Chapter 363, will be subject to appropriate
contractual sanctions.
Scott County has designated the Employee Relations Director as the manager of the Equal
Opportunity Program. These responsibilities will include monitoring all Equal Employment
Opportunity activities and reporting the effectiveness of this program, as required by Federal,
State, and local agencies. The Scott County Administrator will receive and review reports on
the progress of the program. If any employee or applicant for employment believes he or she
has been discriminated against, please contact the Scott County Employee Relations Director,
Scott County Employee Relations, Government Center Room 201,200 Fourth Avenue West,
Shakopee, Minnesota 55379-1220, or call (952) 496-8103.
6Y\ L(l,z I~
avi J. Unmacht
Scott County Administrator
Jo than Ulrich
Chair, Board of Commissioners
7
EXHIBIT B
STATEMENT OF ESTIMATED QUANTITIES
ITEM I
NUMBER NOTES ITEM DESCRIPTION UNIT QUANTllY UNIT PRICE TOTAL
2021.501 MOBIUZA TION LUMP SUM 1 $15,000.00 $15,000.00
2101.511 (7) CLEARING AND GRUBBING LUMP SUM 1 $10,000.00 $10,000.00
2103.501 BUILDING REMOVAL A LUMP SUM 1 $6,000.00 $6,000.00
2103.501 BUILDING REMOVAL B LUMP SUM 1 $6,000.00 $6,000.00
2103.501 BUILDING REMOVAL C LUMP SUM 1 $6,000.00 $6,000.00
2103.501 BUILDING REMOVAL D LUMP SUM 1 $3,000.00 $3,000.00
2103.501 BUILDING REMOVAL E LUMP SUM 1 $3,500.00 $3,500.00
2103.501 BUILDING REMOVAL F LUMP SUM 1 $3,500.00 $3,500.00
2103.501 BUILDING REMOVAL G LUMP SUM 1 $6,000.00 $6,000.00
2104.509 (1 ) REMOVE SEPTIC TANK EACH 4 $1,000.00 $4,000.00
2104.525 ABANDON WELL EACH 1 $5,000.00 $5,000.00
2105.501 COMMON EXCAVATION CUYD 8330 $10.00 $83,300.00
2105.521 GRANULARBORROW(L~ CUYD 700 $12.00 $8,400.00
2211.501 AGGREGATE BASE, CLASS 5 TON 170 $25.00 $4,250.00
2573.502 (1) SILT FENCE, lYPE HEAVY DUlY UN FT 2630 $3.00 $7,890.00
2573.609 (3) TEMPORARY ROCK CONSTRUCTION ENTRANCE TON 50 $25.00 $1,250.00
2575.501 SEEDING ACRE 1 $750.00 $750.00
2575.502 (4) SEED MIXTURE 150 LB 40 $6.00 $240.00
2575.511 (5) MULCH MATERIAL lYPE 1 TON 2 $400.00 $800.00
2575.523 (1 ) EROSION CONTROL BLANKET SY 4840 $2.50 $12,100.00
2575.532 (6) COMMERCIAL FERT ANALYSIS 10-10-20 LB 200 $2.00 $400.00
2575.601 EROSION CONTROL LUMP SUM 1 $2 000.00 $2,000.00
TOTAL ESTIMATED CONSTRUCTION COST $189 380.00
(1)
(2)
(3)
(4)
(5)
(6)
(7)
SECTION 1903 WILL NOT APPLY.
PROVIDED FOR USE AS DIRECTED BY THE ENGINEER FOR EROSION CONTROL.
1.2 TONS / CU. YD. -IN. USED TO DETERMINE TONS OF MATERIAL.
40 POUNDS/ACRE.
2 TONS/ACRE.
200 POUNDS/ACRE
AREA OF CLEARING AND GRUBBING ESTIMATED TO BE 1.3 ACRES.
\ ~~:,~~i~'" ~:~~ ~ \
4~,380.000 :
40. 7.
19,152.000 *
49,380.000 *