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HomeMy WebLinkAbout8 - CSAH 17 from CSAH 42 to CSAH 12 J ,. AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991" 8 LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS CONSIDER APPROVAL OF PLANS AND COOPERATIVE AGREEMENTS FOR CSAH 17 FROM CSAH 42 TO CSAH 12 FEBRUARY 4, 1991 The purpose of this Agenda item is to approve the roadway plans for CSAH 17 from CSAH 12 to CSAH 17. Scott County has prepared plans and specifications for CSAH 17 improvements. The improvements consist of regradin9 and paving CSAH 17 from CSAH 42 to CSAH 12 1n 1991. The regrading of CSAH 17 will provide shoulders and some minor reali~nment. Dan Jobe, Scott County Assistant Eng1neer, has met with the property owners within the City limits to describe the project and obtain the necessary right-of-way. The plans have incorporated curb on the roadway in the Howard Lake area to reduce the number of trees being removed. According to Dan, the property owners support the improvements being proposed, and in fact, have not contacted city Staff on this project so far. The majority of the project area is within Sand Creek TownShip or the City of Shakopee. A separate project will be made in 1993 to extend CSAH 17 south to the intersection of T.H. 13 and T.H. 282. A Cooperative which contains proj ects . The $4,433.15. A attached. Agreement has been prepared the same language as other City's estimated cost is copy of the Agreement is The plans are available at the Public Works office for review. City Staff will review the plans at the meeting. Prior to the meeting, Staff will conduct an Informational Meeting at 6:30 p.m. with the residents. Although this is a County project, Staff wants to continue with our policy of having Informational Meetings prior to the plan approval stage for 4629 Dakota 51. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 An Equal Opportunity/Affirmative Action Employer ~ I . ALTERNATIVES: projects within our City limits. Comments from the meeting will be ~resented to the city Council. Funding for th1S project will be from the Construction Fund. The estimated amount is $4,433.15. A detailed breakdown of the cost is included in the Agreement. The costs comprised in the cooperative Agreement include normal costs associated with other County projects and as outlined in the County Cost participation Policy. The recommendation is to approve the plans and Cooperative Agreement No. 17-9003. The alternatives are as follows: 1. Approve the plans, specifications, and Cooperative Agreement for CSAH 17. 2. Table this item for a specific reason. 3. Disapprove the recommendation. FINANCIAL IMPACT: The City's portion of the project cost will be paid from the Construction Fund and will have no significant impact. RECOMMENDATION: ACTION REQUIRED: The action required is as follows: 1. Make a motion to authorize the City Engineer to sign the plans. 2. Make a motion to authorize the Mayor and City Manager to sign Cooperative Agreement No. 17-9003. . . Agreement No. 17-9003 state Aid Project No. 70-617-09 CSAH 17 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". WITNESSETH: WHEREAS, The County and the City have been negotiating to bring about the improvement of County State Aid Highway 17 from 443 feet south of CSAH 12 to 300 feet south of CR 42 (Engineer's stations 129+00 to 297+00) as shown on the county Engineer's plans for State Aid project 70-617-09 which improvement contemplates and includes grading, aggregate base, plant-mixed bituminous surface, storm sewer, curb and gutter, landscaping and other related improvements; and WHEREAS, The above described project lies within the corporate limits of the city, and - 1 - Agreement No. 17-9003 WHEREAS, The County Engineer has heretofore 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 and engineering in the sum of Four Thousand Four Hundred Thirtv-three Dollars and Fifteen cents ($4.433.15). 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 said 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: I The County or its agents will advertise for bids for the work and construction of the aforesaid Project No. 70-617-09, 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 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. - 2 - Agreement No. 17-9003 II The county 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 2 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. IV In addition to payment of the City's proportionate share of the contract construction cost, the County and the City further agree to - 3 - Agreement No. 17-9003 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 proposed "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. - 4 - Agreement No. 17-9003 . . 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. 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. VIII The 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 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. - 5 - Agreement No. 17-9003 . - IX The City agrees that any City license required to perform electrical work within the city shall be issued to the contractor or the County at no cost to the Contractor or the County. Electrical inspection fees shall be not more than those established by the state Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. All fees, permits, bonds, etc., shall be issued to the contractor or the County at no cost to the Contractor or the County. x The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. XI 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 17 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. - 6 - Aqreement No. 17-9003 XII 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 hereinbefore 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. XIII 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 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. - 7 - Agreement No. 17-9003 . - XIV 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. xv 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 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 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. - 8 - Agreement No. 17-9003 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 in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. ~I 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. - 9 - Agreement No. 17-9003 state Aid project No. 70-617-09 CSAH 17 city of Prior Lake county of Scott 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 Mayor (SEAL) Date And city Manager Date COUNTY OF SCOTT ATTEST: By County Administrator By Chairman 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 R90578/AGRMT2 08/15/90 Rev. 11/19/1990 - 10 - EXHIBIT .. A.. S.A.P. '70-61'7-09 COST SPL..IT TOTAl. ESTlI1ATE CITY OF PRIOR LAKE CITY OF SHAKDPEE SCOTT COUNTY ftC. ITEIl IIlIT EST. IIlIT CIIITUCT IIUMITlTY COIITRACT COIITRACT QUAIlTln COIITRACT IOf COIITlIACT ... lIUIIIT. ,.11:(5 IlIOIIT II\MIfIITY I o IE PAID I MDIIlT lIUAIITlTY I o IE PAil I IlIIIIIIlT lIUAIIT ITY TOTAl. IlIIIIIIlT 2011.501 IlNlliulia, L_ Su I 12 951.eo 12 "".eo 0.00 0.00 1.00 100.00 1i!951.!O tl'I.511 CI..,I_ aM Ir.-IIII L- S- I I 550.00 I 550.00 0.00 0.00 1.00 100.00 I 550.00 1M.'" I_VI fNlb,idGI Ed I 500.00 500.00 0.00 0.00 1.00 100.00 500 .00 2IM.509 __VI tlm. 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