HomeMy WebLinkAbout2013-02-20 PACKET 04.K.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 2/20/13
PREPARED BY Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
1. Consider approving the Cooperative Agreement Between the City of Cottage Grove and
Washington County for Construction Costs of County State Aid Highway (CSAH) 19, CSAH
20, and CSAH 22, subject to the City Attorney final approval.
2. Consider approving the Cooperative Agreement Between the City of Cottage Grove and
Washington County for Maintenance of County State Aid Highway (CSAH) 19, CSAH 20,
and CSAH 22, subject to the City Attorney final approval.
STAFF RECOMMENDATION
1. Approve the Cooperative Agreement Between the City of Cottage Grove and Washington
County for Construction Costs of County State Aid Highway (CSAH) 19, CSAH 20, and
CSAH 22, subject to the City Attorney final approval.
2. Approve the Cooperative Agreement Between the City of Cottage Grove and Washington
County for Maintenance of County State Aid Highway (CSAH) 19, CSAH 20, and CSAH 22,
subject to the City Attorney final approval.
BUDGET IMPLICATION $ $
BUDGETED AMOUNT ACTUAL AMOUNT
SUPPORTING DOCUMENTS
FUNDING SOURCE
® MEMO /LETTER: Memo from Jennifer Levitt dated 2/15/13
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Cooperative Agreement - Construction Costs; Cooperative Agreement -
Maintenance; Washington County Cost Participation Policy
I.101 1111 7_ti 163
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
J Grove
h ere Pride... Pros perity Meet
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Jennifer Levitt, City Engineer
DATE: February 15, 2013
RE: Cooperative Agreements with Washington County for:
• Construction Cost of CSAH 19, CSAH 20, and CSAH 22
• Maintenance of CSAH 19, CSAH 20, and CSAH 22
Background /Discussion
The City of Cottage Grove and Washington County have been working cooperatively to de-
velop road and infrastructure improvements to CSAH 22(70th Street), CSAH 20 (Military Road)
and CSAH 19 (Keats Avenue). The plans that have been developed for the project are
consistent with the City's Comprehensive Plan, AUAR for the East Ravine, and Surface Water
Management Plan.
The project provides for the following:
1) Utility extensions to the new developments (Newland and DR Horton) and to
Military Road to facilitate future development.
2) Turn lanes for the new developments (Newland and DR Horton) north of 70th
Street.
3) Roundabout at 70th Street and Keats Avenue with landscaping, decorative
lighting, and irrigation.
4) Trail extension on Keats Avenue from Jorgensen Lane to Indian Boulevard.
5) Road rehabilitation on Keats Avenue from Indian Boulevard to Military Road.
6) Road rehabilitation on 70th Street from Rose of Sharon Church to Keats Avenue.
7) Road realignment of 70th Street from Keats Avenue to Kirkwood Avenue with a
bituminous trail.
8) Terminating the Old 70th Street access from the east to Keats Avenue and con-
structing a new public street to connect the new 70th Street alignment and the
old 70th Street alignment.
9) Installation of a 72 -inch pipe from Joliet Avenue along the new 70th Street align-
ment and then south for 1,100 feet.
10)Installation of a storm sewer vault structure at Joliet Avenue for stormwater
control.
The approximate construction cost to the City is $1,141,718, plus there are right -of -way acqui-
sition, design, and construction engineering costs totaling approximately $594,530. The esti-
mated total cost to the City is $1,834,667 as outlined in the Cooperative Agreement Between
the City of Cottage Grove and Washington County for Construction of County State Aid
Highway (CSAH) 19, CSAH 20, and CSAH 22. The City funds that will be used to support
Honorable Mayor, City Council, and Ryan Schroeder
Garage Height Variance — 7729 Jeffery Avenue South
July 14, 2010
Page 2 of 2
these project costs are developer fees, water area fund, sanitary sewer utility, street light utility,
and MSA. The agreement addresses the right -of -way and easement acquisitions, award of the
contract, construction administration, and cost summary for the project. The agreement is
structured only with the City of Cottage Grove and Washington County. The County also has
an agreement with South Washington Watershed District (SWWD) for cost recovery, right -of-
way and easement acquisition, contract award, and construction administration. The under-
lying document that establishes the cost participation for the County is "Policies for Cost
Participation Between Washington County and Other Agencies For Cooperative Highway
Improvement Projects;" this document is referenced in the cooperative agreement and is
enclosed in the packet for your information.
As part of the project, the City and County need to enter into an agreement that addresses
which components of the project will be maintained by which party. The Cooperative Agree-
ment Between the City of Cottage Grove and Washington County for Maintenance of County
State Aid Highway (CSAH) 19, CSAH 20, and CSAH 22 is consistent with City and County pol-
icies addressing roles and responsibilities for maintenance.
The enclosed cooperative agreements are still under review by the City and County attorneys.
Recommendation
1. It is recommended the.City Council approve the Cooperative Agreement Between the City
of Cottage Grove and Washington County for Construction Costs of County State Aid
Highway (CSAH) 19, CSAH 20, and CSAH 22, subject to the City Attorney final approval.
2. It is recommended the City Council approve the Cooperative Agreement Between the City
of Cottage Grove and Washington County for Maintenance of County State Aid Highway
(CSAH) 19, CSAH 20, and CSAH 22, subject to the City Attorney final approval.
COOPERATIVE AGREEMENT BETWEEN
THE CITY OF COTTAGE GROVE AND WASHINGTON COUNTY
FOR CONSTRUCTION COST OF
COUNTY STATE AID HIGHWAY (CSAH) 19, CSAH 20 AND CSAH
22
WASHINGTON COUNTY
CONTRACT NO.
DEPT.
PUBLIC WORKS
DIVISION
TRANSPORTATION
TERM
SIGNATURE TO END OF
PROJECT
THIS AGREEMENT, by and between the City of Cottage Grove, a municipal corporation, herein after
referred to as the "City ", and Washington County, a political subdivision o e State of Minnesota,
hereinafter referred to as the "County ", shall consist of this agreement z hibits A, B, C, and D
attached hereto.
WITNESSETH:
WHEREAS, the County and the City desire to design, co and maintain 19 (Keats Avenue
S) from 420 feet south of Indian Boulevard to 1,050 fee of CSAH 20 (Milita -ad /70 Street S);
CSAH 20 (Military Drive /70 Street S) from CSAH 1 - is Avenue S) to 810 feet f Kirkwood
Avenue S; and CSAH 22 (70 Street S) from 650 fe st of Jens venue S to 81 east of
Kirkwood Avenue S; and
WHEREAS, items as part of this contract - uire City cost
policy; and
WHEREAS, CSAH 19 (Keats Avenue S) fro 20 of
CSAH 20 (Military Road /70 Street S); CSA (Milita tz
Avenue S) to 810 feet east A dAvenuUr a A
Jensen Avenue S to 810 fie as .irkwood _ a are loc
WHEREAS, the
transportation it
WHEREAS, t r
009 and
SAP 1$ 4 t 0 -007, a
on in accordance with County
3 ulevard to 1,050 feet north of
a n S) from CSAH 19 (Keats
)treet S) from 650 feet west of
the City and in the County; and
unty desir - use Co u .Bond, State Aid and local funds for these
and _._
0, a
w`bers for "t J �"t "segment are SAP 082 - 619 -023, SAP 082 -620-
City project nu ers for this project are SAP 180 - 020 -006 and
)etw - It City and County is the appropriate method to facilitate the
these nsportation improvements; and.
WHE : , a cooperative
construe ..r nd maintenan
WHEREAS, t reemeni
162.17 sub.1 an _ Innesott
NOW THEREFORE,
A. PURPOSE
B
pursuant to statutory authority contained in Minnesota Statute
471.59.
REBY MUTUALLY AGREED AS FOLLOWS:
The purpose of this agreement is set forth in the above whereas clauses which are all
incorporated by reference as if fully set forth herein.
PLANS AND SPECIFICATION PREPARATION
1. The County shall be responsible for the preparation of the necessary plans and specifications,
including compliance with all applicable standards and policies and obtaining all approvals
required in arriving at the bid specifications for this project.
Washington County /City of Cottage Grove
CSAH 19 -20 -22 Cooperative Construction Agreement Page 1 of 6
C. RIGHT OF WAY AND EASEMENTS
1. The County shall acquire all permanent rights -of -way, permanent easements, and temporary
slope easements with City participation for all land acquisition related costs as outlined in
Section F.S. All permanent rights -of -way, permanent easements and temporary easements will
be acquired in the name of the County.
2. Any rights -of -way, permanent easements, and temporary slope easements that cannot be
obtained through negotiation will be acquired by the County throu s:.. inent domain
proceedings.
3. Upon completion of the project, permanent rights -of -way for:_ jacent to City streets and
permanent easements for storm water storage and water . y < tin the City will be conveyed
to the City.
D. ADVERTISEMENT AND AWARD OF CONTRA
1. After plans and specifications have been app s - r all permits and approva _` . ained, and
acquisition of necessary rights -of -way and a ents, the 011 ty shall adve r
construction bids and award the contract to th
M . Est res le bidder.
2. Concurrence by the City Administrator in the
precedent to the award.
E. CONSTRUCTION ADMINISTRA
The County shall be responsible for th'
observation and testi I roadway
shall be responsib � e A = truction
F. COST P
ntract shall be a condition
TION, A TESTING
z inist =�d, inspection, and for the
onstruction items. The City
of the tilities.
ESTIMATED COSTS
1. A preliminary c .. uction 1.11 u , i ate and bftsl participation breakdown has been prepared
by the County. T 4 t iib , , –Washington County CSAH 19 -20 -22
S O Stree � rotects – ": ate of Probable Cost.
2.4 = _ oject o= ction estimate is an estimate of the engineer. The estimated cost
icipation brea , w o n is" = ordance with the "Policies for Cost Participation Between
shington Count Othe .; ncies for Cooperative Highway Improvement Projects" dated
mber 5, 1995, is inc orated into this agreement by reference.
3. Co F" ction. The es . ted total project cost for construction is $12,705,750 as indicated in
Exhibi ; ' he estima - ;; roject cost —less utilities, landscaping and aesthetic amenities —is
$12,161, The e- ,.. ted project cost for roadway construction is $4,191,896, not including
utilities, Ian d aesthetic amenities. The City will pay to the County an estimated 5
percent of the onstruction cost. The percentage is based on construction costs that do
not include utilitie , landscaping and aesthetic amenities, which are covered in F.4 and F.5 of
this agreement. The cost participation breakdown is detailed in Exhibit B and summarized in
Table F.8 of this agreement. Actual construction costs will be based on the contractor's unit
prices and the quantities constructed.
4. Utilities. The estimated total utilities cost is $449,240 as shown in Exhibit B. The cost of
utilities is the responsibility of the City. The City cost is detailed in Exhibit B and summarized in
Table F.8 of this agreement. Actual construction costs will be based on the contractor's unit
prices and the quantities constructed.
5. Landscaping and aesthetic amenities. The estimated total landscaping and aesthetics cost
Washington County /City of Cottage Grove
CSAH 19 -20 -22 Cooperative Construction Agreement Page 2 of 6
is $95,163 as shown in Exhibit B. The cost of aesthetics and landscaping is the responsibility of
the City. The City cost is detailed in Exhibit B and summarized in Table F.8 of this agreement.
Actual construction costs will be based on the contractor's unit prices and the quantities
constructed.
6. Right -of -way. The estimated total right -of -way cost is $1,500,000 and includes all land
acquisition appraisals, permanent rights -of -way, permanent utility and /or drainage easements,
temporary slope easements and condemnation commissioner costs. The estimated City cost is
$476,240 and is detailed in Exhibits C and D and summarized in T je F.8 of this agreement.
Final costs will be based on actual settled costs for both tempor x ¢ ements and permanent
rights of way.
7. In addition to the amounts set forth in Sections F.3, F.4 F. ' f.x the City shall pay to the
County percentages as detailed in F.7.a and F.7.b. for t sign _ 5 onstruction engineering
services costs. The estimated costs are detailed in Dv ib t B.
a. Design engineering. Design engineering des all prelimina `. final design
engineering. The total consultant desi o tract #6491 is $4247 Ej > e City will pay
14 percent of the final amount of the n contract. he percentage sed on the
City's share of the estimated total cons >tion cont, r osts for roadwa ated items
not including utilities, landscaping and a tic 1 ies. The City's estimated cost for
design engineering is summarized in Table s is agreement and detailed in Exhibit
B.
b. Construction engineerin3: t'on engine includes construction observation
and testing, construction sur ng a rte', ct adm t tion for all roadway related
items, landscaping and aesth meniti ; of inc g utilities. This cost is eight
percent of the i tual const = ion a t litres, which is estimated to be
$12,256,5 ,(h� - ill pay 6 , e r - of eight p' cent of the actual construction
contract on the tractor's prices and the quantities constructed. The City's
estim cost is sum ed in Ta .8 of this agreement and detailed in Exhibit B.
8. The total estim __ amount l_ pay t County is summarized in the following table:
4
� C1T �( OJF G 0 TTA GE GR01/EES �MAE D U ST t AR
_Sasecl on EXH78iT B _
MET COST
` TOTAL (constr n cost > ess utilities and landscaping) $597,315
LA CAPING YA $95,163
UTI LI v ' ` ho $449,240
SUBTOT nstruction Costs) $1,141,718
RIGHT -OF- $476,240
DESIGN ENGINEERING (16% of $424,706) $59,459
CONSTRUCTION ENGINEERING (6% of $980,521) $58,831
TOTAL ESTIMATED COST $1,736,248
9. Actual construction costs shall be determined at the conclusion of the project and will be based
on the contractor's unit prices and the quantities constructed.
Washington County /City of Cottage Grove
CSAH 19 -20 -22 Cooperative Construction Agreement Page 3 of 6
G. PAYMENT
1. The County will bill the City for expenses outlined in Section F.6 as costs are incurred. All
permanent rights -of -way, permanent utility and /or drainage easements, temporary slope
easements, appraisal costs, condemnation commissioner costs, and all related acquisition costs
for the CSAH 19 -20 -22 Project. Such bills will be payable to the County upon receipt.
2. The County shall, when a construction contract is awarded, prepare a revised estimate and cost
participation breakdown based on the contract unit prices and submit a copy to the City. The
City shall pay to the Treasurer of Washington County an amount not 10 percent of the
City's estimated construction cost plus engineering costs incurr a County to date, as
outlined in Sections F.3, F.7a and F.7b.
3. During construction the County shall submit to the City a cost of the partial work
performed by the Contractor. Upon receipt of this esti cos cost
.'ty shall pay to the
County its pro rata share of the cost of the partial w rformed as :mined in Section F of
this Agreement. Upon substantial completion of ;.:. rk the County sh ` epare an updated
revised estimate of cost participation breakdo Ich will be based upon ontract unit
prices and the actual units of work performed r submit a co y tot e City. = - ngineering
costs to be paid to the County by the City shy_" based o . , "estimated final truction
cost. The County shall add to the City's estima " _ al auction costs the construction
engineering costs, the costs of sup lemental agree any, make necessary adjustments
for liquidated damages, if any, a ": _ ct City funds ously advanced for the project by the
City. The City agrees to pay to th` o ; ny amoun F = = e, if more than the amount of the
total of the partial payments made b e C ;. = I uant to _ t n G.3.
4. In the event the calculations show tha City ced - _,< s in greater amount then is
due the County, the C �y hall ref , ,.'tho . r ount to the City.
H. CONTRACT
1. Any modificat'= ` or additions the final a ed plans and /or specifications shall be made
part of the con on con : contract nge, but only after concurrence by the City,
and shall be paid ',. se ar< b, E o is Agreement.
2. Thr:�;t"t, reque City may req changes to the final approved plans and /or
P cation city or facility which is subsequently modified or added to the final
roved plans a Peci i s shall be made by a written amendment to this Agreement,
II be made part a con ion contract by change order or supplemental agreement,
shall be paid for Gordan "'with the County Cost Participation Policy as summarized in
Se j F of this Agree : t.
P AGREEMENTS
1. The County i : Hall enter into a separate agreement for the maintenance and ownership
of all items co � ed with this project.
J. LIQUIDATED DAMAGES
Any liquidated damage assessed the contractor in connection with the work performed on the
project shall be shared by the City and the County in the following proportion: The respective
total share of construction work to the total construction cost without any deduction for
liquidated damages.
K. CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this project through levy
Washington County /City of Cottage Grove
CSAH 19 -20 -22 Cooperative Construction Agreement Page 4 of 6
on County -owned property.
L. CIVIL RIGHTS AND NON - DISCRIMINATION
The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and
discrimination shall be considered part of this Agreement as if fully set further herein, and shall
be part of any Agreement entered into by the parties with any contractor subcontractor, or
material suppliers.
M. WORKERS COMPENSATION
It is hereby understood and agreed that any and all employe a County and all other
persons employed by the County in the performance of o I <. . z and /or construction
engineering work or services required or provided for un t is a 4 r -ment shall not be
considered employees of the City and that any and all la s that m .; might arise under the
Worker's Compensation Act of the State of Minne . n behalf of sai loyees while so
engaged and any and all claims made by any t i :, arties as a consequeof any act or
omission on the part of said County employe a so engaged on any of nstruction
and /or construction engineering work or se 'c.: to be rend herein shall in - << rri ay be the
obligation or responsibility of the City.
N. INDEMNIFICATION
1. The City agrees that it will defend, A, }i and hold h _ ss the County against any and all
liability, loss, damages, costs and a nse the Co ay hereafter sustain, incur or be
required to pay by reason of any neg > . t ac ity, its ts, officers or employees
during the performance. his agreem
2. The County agree fend, in nd hold h r less the City against any and all
liability, loss, d =: = s, costs expens x ich the City may hereafter sustain, incur or be
required to p. ,. reason of a . egligent - y the County, its agents, officers or employees
during the pe 1W nce of thi eement.
3. To the fullest exte e ,I` c ro a parties to this Agreement are intended to be
and ,: [fib . . onstrue s- ooperati e - y" and it is the intent of the parties that they shall
b e -ale g ental unit" for the purposes of liability, as set forth in Minnesota
S: tes, Secti 59, 1 a(a), provide further that for purposes of that statute, each
rty to this Agre A exp declines responsibility for the acts or omissions of another
The parties to Agre tare not liable for the acts or omissions of another party to
th ., reement excep " > he extent they have agreed in writing to be responsible for the acts or
o ii I t rs of the other = ies.
O. DATA PIRV Y
All data colt ed, received, maintained, or disseminated, or used for any purposes in
the course of t' i . ; „ reement is governed by the Minnesota Government Data Practices Act,
Minnesota Statut s 1984, Section 13.01, et seq. or any other applicable state statutes and state
rules adopted to implement the Act, as well as state statutes and federal regulations on data
privacy.
P. TERM OF AGREEMENT
This agreement shall remain in full force and effect until terminated by mutual agreement of the
City and the County.
Washington County /City of Cottage Grove
CSAH 19 -20 -22 Cooperative Construction Agreement Page 5 of 6
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized
officers.
WASHINGTON COUNTY CITY OF COTTAGE GROVE
Dennis Hegberg, Chair Date
Board of Commissioners
Molly O'Rourke
County Administrator
Approved as to form:
Date
Assistant County Attorney
RAl22
Date
Rev 10 -26) (JRG Rev 12- 20).doc
Mayor
Administrator
nded for approval:
ngineer i d
N , irector
Approved as to form:
City Attorney
Date
Date
Date
Date
Washington County /City of Cottage Grove
CSAH 19 -20 -22 Cooperative Construction Agreement Page 6 of 6
Dale Rd
(n
Was W*ng CSAH 19-20-22 Project Location
C ounty EXHIBIT A
Washington County CSAH 19 -20 -22 SW WD - 70th Street Outlet Projects - Estimate of Probable Cost
m..yias.uu�we
vnno-e �navpl %nvnl�
EXHIBIT B Page 3of 3
RIGHT OF WAY ACQUISITION PARTICIPATION
Property 1: Region 1 - Region 3 - Region 7 - Region 8 - Region 9
Contributing Region(s): REGION 1 & REGION 7
Type: Permanent Rights of Way
Cost: $ 1,067,000
AREA
COUNTY
SPLIT AREA
CITY
SPLIT
AREA
SWWD
SPLIT AREA
TOTAL
$ 1,204,745
REGION 1 14.57
33.33%
4.86
33.33%
4.86
33.33%
4.86
REGION 7 0.16
0%
-
100%
0.16
0%
-
SUBTOTAL AREA 14.73
33%
4.86
34%
5.02
33%
4.86
SUBTOTAL COST; $ 1,067,000
$ 352,110
$ 362,780
$ 352,110
Contributing Region(s): REGION 3
Type: Permanent Rights of Way
Cost: $ 87,745
COUNTY
CITY
SWWD
AREA
SPLIT AREA
SPLIT
AREA
SPLIT AREA
(AC)
(AC)
(AC)
(AC)
REGION 3 2.87
0%
-
0%
-
100%
2.87
SUBTOTAL AREA 2.87
0%
-
0%
-
100%
2.87
SUBTOTAL COST $ 87,745
1
$ -
$ 87,745
Contributing Region(s): REGION 8
Type: Temporary Easement
Cost: $ 49,800
COUNT
CITY
SWWD
AREA
SPLIT AREA
SPLIT
AREA
SPLIT AREA
(AC)
(AC)
(AC)
(AC)
REGION 8 5.84
0%
-
0%
-
100%
5.84
SUBTOTAL AREA 5.84
0%
-
0%
-
100%
5.84
SUBTOTAL COST $ 49,800
$ -
$ -
$; 49,800
Contributing Region(s): REGION 9
Type: Temporary Easement
Cost: $ 200
COUNTY
CITY
SWWD
SPLIT AREA
SPLIT
SPLIT
AREA
SPLIT AREA
//�// AC
AC
AC
AC
REGION 9 0.02
100%
0.02
0%
-
0%
-
SUBTOTALAREA 0.02
100%
0.02
0%
-
SUBTOTAL COST $ .. i 200 1
$ 200
$ -
$
TOTAL COST - PROPERTY 1
COUNTY
$ 352,310
CITY
$ 362,780
SWWD
$ 489,655
TOTAL
$ 1,204,745
*Regions are depicted on EXHIBIT D.
*Property 1 costs are based on inital offer amounts for
permanent rights of way and temporary easement.
Final participation will be based on the settled
amounts.
RAI2202 \Cost Tables \ROW Paricipation.V2 EXHIBIT C Page 1 of
RIGHT OF WAY ACQUISITION PARTICIPATION
Property 2: Region 6
Contributing Region(s): REGION 6
Type: Permanent Rights of Way
Cost: $ 10,800
AREA
COUNTY
SPLIT AREA
CITY
SPLIT
AREA
SWWD
SPLIT AREA
(AC)
(AC)
(AC)
(AC)
REGION 6
0.15
45%
0.0675
55%
0.0825
0%
-
SUBTOTAL AREA 1
0.15
1 45%
1 0.0675
1 55% 1
0.0825
1 0% 1
-
SUBTOTAL COST 1
$ 10,800
$ 4 1 860
$ 5,9401
-
TOTAL COST - PROPERTY 2
COUNTY
$ 4,860
CITY
$ 5,940
SWWD
$ -
TOTAL
$ 10,800
*Regions are depicted on EXHIBIT D.
*Property 2 costs are based on inital offer amounts
for permanent rights of way and temporary
easement. Final participation will be based on the
settled amounts.
R: \12202 \Cost Tables \ROW Paricipation.V2 EXHIBIT C Page 2 of 4
RIGHT OF WAY ACQUISITION PARTICIPATION
Property 3: Region 2 - Region 4 - Region 5
Contributing Region(s): REGION 2 & REGION 5
Type: Permanent Rights of Way
Cost: $ 192,000
$
COUNTY
CITY
SWWD
/i i/
AREA
SPLIT AREA
SPLIT
AREA
SPLIT AREA
(AC)
(AC)
(AC)
(AC)
REGION 2
0.15
0%
-
100%
0.15
0%
-
REGION 5
1 4.59
45%
2.07
1 55%
2.52
0%
-
SUBTOTAL AREA
4.74
44%
2.07
56%
2.67
0%
-
SUBTOTAL COST
1 $ 192,0001
$ 84,4801
$ 107,520
$ -
Contributing Region(s): REGION
4
Type: Temporary Easement
Cost: $ 2,800
COUNTY
CITY
SWW
AREA
SPLIT AREA
SPLIT
AREA
SPLIT AREA
- - - --
(AC)
(AC)
(AC)
(AC)
REGION 4
0.72
0%
-
0%
-
100%
0.72
SUBTOTAL AREA
0.72
0%
-
0%
-
100%
0.72
SUBTOTAL COST
$ 2,800
$ -
$ - 1
$ 2,800!
TOTAL COST - PROPERTY 3
COUNTY
$ 84,480
CITY
$
107,520
SWWD
$
2,800
TOTAL
$
194,800
*Regions are depicted on EXHIBIT D.
*Property 3 costs are based on settle amounts for
permanent rights of way and temporary easement.
R: \12202 \Cost Tables \ROW Paricipation.V2 EXHIBIT C Page 3 of 4
RIGHT OF WAY ACQUISITION PARTICIPATION
TOTALS
TOTAL COST - P 1
COUNTY
$ 352,910
CITY
$
362,780
SWWD
$ -
$
500,325
TOTAL
$
1,216,015
TOTAL COST - PROPERTY 2
COUNTY
$ 4,860
CITY
$ 5,940
SWWD
SWWD
$ -
TOTAL
2,800
$ 10,800
TOTAL COST - PROPERTY 3
COUNTY
$ 84,480
CITY
$
107,520
SWWD
$
2,800
TOTAL
$
194,800
TOTAL COST
COUNTY
$ 442,250
CITY
$
476,240
SWWD
$
503,125
TOTAL COST
$
1,421,615
R: \12202 \Cost Tables \ROW Paricipation.V2 EXHIBIT C Page 4 of 4
CSAM }p
0
CSAH 19 -20 -22 PROJECT
REGION EXHIBIT
EXHIBIT D
7
1
EM
2 6
5
3
4
0
u
SCALE IN FEET
LEGEND
COLOR
REGION
ACRES
Im
1
14.57
EM
2
0.15
3
2.87
ME
4
0.72
5
4.59
H{ o
6
0.24
7
0.16
8
5.84
9
0.02
TOTAL
29.16
0
u
SCALE IN FEET
WASHINGTON COUNTY
COOPERATIVE AGREEMENT BETWEEN CONTRACT NO.
THE CITY OF COTTAGE GROVE AND WASHINGTON COUNTY DEPT. PUBLIC WORKS
FOR MAINTENANCE OF DIVISION TRANSPORTATION
COUNTY STATE AID HIGHWAY (CSAH) 19, CSAH 20 AND CSAH TERM
22
THIS AGREEMENT, by and between the City of Woodbury, a municipal corporation, herein after
referred to as the "City ", and Washington County, a political subdivision of ttie State of Minnesota,
hereinafter referred to as the "County ". °`..
WITNESSETH:
WHEREAS, the County and the City desire to design, construct ar5d maintain CSAH 19 (Keats Avenue
S) from 420 feet south of Indian Boulevard to 1,050 feet north oUG,5AH 20 (Military Road /70 Street
S); CSAH 20 (Military Drive /70 Street S) from CSAH 19 (Keats Avenue S) to 810'febteast of
Kirkwood Avenue S; and CSAH 22 (70 Street S) from 650 feet west of Jensen Avenue SAO 810 feet
east of Kirkwood Avenue S, herein after referred to 'as the"Project ", and
WHEREAS, a collaborative effort between the City and the 'resulted in the development of
aesthetic treatments and landscaping to be..included in the construction of the Project; and
WHEREAS, the City and County shall enter into a separate agreement,'-`,' for the construction cost
sharing of the Project and all items constructed' wifh"th $project; and �
WHEREAS, a cooperative effort between the Cltyand County ishe appropriate method to facilitate
the maintenance of items to be,cbnstructed as pa 'the Projec
l '
NOW THEREFORE, IT IS;H ERE BY ` ,MUTUALLY AGREED AS FOLLOWS:
A. MAINTENANCE /OWNERSH1R.;
1. Upon�coiffpletlon of the Project the City shall maintain the following constructed as part of the
Project. ;n
a. MUlti purpose trails
b. City owned Water main and sanitary sewer
c. Landscaping a Plantings and landscaping amenities installed in medians, boulevards
and any othdt16cations along the corridors
d Storm Sewed III major and routine maintenance of storm water drainage
infrastructure located within City right -of -way
e. Crosswalkhand pavement markings: Crosswalk and pavement markings applied on
city streets and intersection approaches
f. Signing: Permanent roadway signs on City streets
g. Boulevards: The City, at its expense, may perform corridor boulevard mowing.
h. Overhead luminaires: The city shall own and maintain any street lighting and
aesthetic accent lighting.
2. Upon completion of the Project, the County shall own and maintain the following constructed as
part of the Project:
a. Concrete medians
b. Storm sewer: All major and routine maintenance of storm water drainage infrastructure
located within County right -of -way
Washington County /City of Cottage Grove
CSAH 19 -20 -22 Maintenance Agreement Page 1 of 3
c. Crosswalk and pavement markings: All markings on County roads and pavement
markings within
d. Signing: Permanent roadway signs on County roads
e. Boulevards: The County will mow the corridor boulevards a minimum of twice per year.
3. Maintenance performed by the City and County shall be at the sole discretion of the party
obligated under this agreement to perform maintenance.
4. The County will not alter winter maintenance strategies or techniques in order to protect corridor
landscaping.
5. The City will follow work zone traffic control procedures required 7n fhe Minnesota Manual of
Uniform Traffic Control Devices for all maintenance activities
6. The City will notify the County at 651- 430 -4300 at least 24 hours m adyance of any
maintenance activities requiring a lane closure or permit to complete vi within the County
right -of -way.
7. The County will control all parking and other regulations on County roads
8. The City will control all parking and other regulations on City roads. >
B. OTHER AGREEMENTS �.
1. The County and City shall enter int6�a separate agreement for the construction cost sharing of
CSAH 19, CSAH 20 and CSAH 22 ari',all items constructed r th this project.
C. LIQUIDATED DAMAGES tip,
Any liquidated damage assessed the contractor irl� the work performed on the
project shall be shared b the City and the QdUnty in the following proportion: The respective
total share of constrUcti0h Wbtk to the total i onstruction cost without any deduction for
liquidated dama��s. '
4
b ;
y k �
D. CIVIL RIGHTS AND NON DIISC�RIMINATION €
The provlsrors of Minn `Scat 181.59 and of any applicable ordinance relating to civil rights and
discrimination shall- be considered part of this Agreement as if fully set further herein, and shall
Wpart of any Agreerrlent entered into by the parties with any contractor subcontractor, or
,` material suppliers.
E. WORKERS COMPENSATION
It is hereby understood aid agreed that any and all employees of the County and all other
persons employed by th County in the performance of construction and /or construction
engineering work or services required or provided for under this agreement shall not be
considered employees of the City and that any and all claims that may or might arise under the
Worker's 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 County employees while so engaged on any of the construction
and /or construction engineering work or services to be rendered herein shall in no way be the
obligation or responsibility of the City.
F. INDEMNIFICATION
1. The City agrees that it will defend, indemnify and hold harmless the County against any and all
liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or
Washington County /City of Cottage Grove
CSAH 19 -20 -22 Maintenance Agreement Page 2 of 3
be required to pay by reason of any negligent act by the City, its agents, officers or employees
during the performance of this agreement.
2. The County agrees that it will defend, indemnify and hold harmless the City against any and all
liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be
required to pay by reason of any negligent act by the County, its agents, officers or employees
during the performance of this agreement.
3. The parties to this Agreement are not liable for the acts or omissions of another party to
this Agreement except to the extent they have agreed in writirtgo be responsible for
the acts or omissions of the other parties.
IN TESTIMONY WHEREOF the parties have duly executed this
officers.
WASHINGTON COUNTY
their duly authorized
CITY,OF COTTAGE GROV
Lisa Weik, Chair Date Mayor
Board of Commissioners .
Molly O'Rourke
County Administrator
Approved as to form:
Assistgftt�'County Attorn
Date
Date v' City AdministCator Date
ended for approval:
Engineering and Date
Public Works Director
Approved as to form:
City Attorney Date
RAl2202\Agreements \CG Coop Agrmt Maint Rev.doc
Washington County /City of Cottage Grove
CSAH 19 -20 -22 Maintenance Agreement Page 3 of 3
WASHINGTON COUNTY
DEPARTMENT OF TRANSPORTA T /ON
& PHYSICAL DEVELOPMENT
POLICIES FOR COST PARTICIPATION
BETWEEN WASHINGTON COUNTY
AND OTHER AGENC /ES
FOR COOPERA TI VE HIGHWA Y
IMPROVEMENT PROJECTS
Amended March 9, 1999
Adopted September 5, 1995
Washington County Board of Commissioners
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
TABLE OF CONTENTS
Page
I .
PURPOSE ...................................................................................... .I............................. 1
II .
SCOPE .......................................................................................... ............................... 1
III.
GENERAL POLICIES ..................................................................... ............................... 1
IV .
DEFINITIONS ................................................................................ ............................... 1
V .
ROADWAYS .................................................................................. ............................... 2
VI.
TRAFFIC SIGNAL SYSTEMS ........................................................ ............................... 5
VII.
UTILIZATION OF TAX INCREMENT FINANCING ......................... ............................... 6
VIII.
TURNBACKS ................................................................................. ............................... 6
IX .
VARIANCES .................................................................................. ............................... 7
APPENDIX
A Right of Way Cost Sharing Variance Matrix
1
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
I. PURPOSE
To establish policies for determining appropriate division of cost participation to be used
by Washington County in funding cooperative roadway, traffic signal, and bridge
construction projects with the Minnesota Department of Transportation, municipalities,
and other agencies.
II. SCOPE
The establishment of cost policy is consistent with Minnesota Statutes, Sections 162.17,
373.01, 469.175, 471.59, and Amendments.
III. GENERAL POLICIES
A. A greater degree of County participation is afforded municipalities having a
population of less than 5,000 because of the absence of direct State Aid
allocations to these municipalities.
B. It is recognized that there may be occasional differences between these policies
and written participation policies of the Minnesota Department of Transportation.
In those cases, participation will be negotiated by the County Engineer.
C. When federal aid highway funds are utilized on a County highway project, these
cost participation policies will be applied to the non - federal share of any specific
item of work. In the event federal or state grant funds are made available to a
project on a lump sum basis, the County will determine the items for which those
funds will be utilized.
IV. DEFINITIONS
County: Washington County.
County Engineer: The County Engineer of Washington County or designated
representative.
Over 5,000: A city of 5,000 population or more.
Permanent Traffic Signal: A traffic control signal system normally consisting of metal
signal poles with mast arms and underground electrical systems with conduit, cable, and
access -hole installations.
Priority Factor: A number which reflects the sum of the various factors in the County's
Traffic Signal Ranking System.
Street Lightinq: All components normally installed by a municipality for the purpose of
street illumination.
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
Standard Specifications: Minnesota Department of Transportation Standard
Specifications for Highway Construction, latest edition and /or supplement thereto.
State Highway: A highway under jurisdiction of the State of Minnesota.
Temporary Traffic Signal: A traffic control signal system normally consisting of wood
poles with signal indications suspended on span wires and overhead electrical systems.
Under 5,000: A city under 5,000 population or township.
Contract Items: All line item costs in a project bid proposal.
Construction Items: All line item costs in a project bid proposal except mobilization,
traffic control, field office, and erosion control measures.
Serviceable Condition: The facility has a useful life estimated to be similar to project
proposal.
Non - Programmed Protects: Any project not identified in the Washington County Capital
Improvement Program.
Approved System: A bikepath system which has been adopted by a local unit or
Washington County.
V. ROADWAYS
The County's participation in roadway projects will be as follows:
(PERCENT OF COUNTY PARTICIPATION)
2
CITIES <5000
CITIES >5000
POPULATION
CATEGORY
POPULATION
AND TWPS.
Right -of -way
0
100
Removals
100
100
Mobilization
% of participation in
% of participation in
construction items
construction items
Traffic Control
% of participation in
% of participation in
construction items
construction items
Field Office
% of participation in
% of participation in
construction items
construction items
Erosion Control Measures
% of participation in
% of participation in
construction items
construction items
Grading
100
100
Two - travel lanes (1)(2)
100
100
2
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
CATEGORY
CITIES >5000
POPULATION
CITIES <5000
POPULATION
AND TWPS.
Additional Travel Lanes
(2)
50
0
Parking lanes (2)
50
100
Shoulders (2)
50
100
Concrete curb & gutter
(new)
50
75
Concrete curb & gutter
(replacement)
100 if in serviceable
condition
100 if in serviceable
condition
Concrete Median (3)
50
75
Storm Sewer (4)
% eligible for State Aid
% eligible for State Aid
Culverts
100
100
Watermain Modification
0
0
Sanitary Sewer
Modification
0
0
Other utilities (telephone,
gas, cable TV, electric,
pipelines, etc.) (6)
0 inside existing R/W 100
outside R/W
0
New utilities
0
0
Traffic signals (5)
100 of county legs
100 of county legs
Street lighting
0
0
Intersecting Streets
0 - Outside of
County R/W
0 — Outside of
County R/W
Retaining walls (7)
25
25
Sidewalks (new)
0
0
Sidewalks (replacement)
100 if in serviceable
condition and required for
travel lane construction
100 if in serviceable
condition and required for
travel lane construction
Bituminous
Bikepath (new)
25 if on approved system
and funds are available
25 if on approved system
and funds are available
Bituminous Bikepath
(replacement)
100 if in serviceable
condition and required for
travel lane construction
100 if in serviceable
condition and required for
travel lane construction
Bituminous Overlay
100
100
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
CATEGORY
CITIES >5000
POPULATION
CITIES <5000
POPULATION
AND TWPS.
Replacement or
transplanting trees
100
100
Replacement Shrubs
0
0
New Landscaping
0
0
Bridges
by negotiation
by negotiation
Turf Restoration
100
100
Driveway Replacement
100
100
Wetland Mitigation
% of participation in
construction items
% of participation in
construction items
Preliminary Engineering
% of participation in
contract items
% of participation in contract
items
Construction Engineering
% of participation in
contract items
% of participation in contract
items
Non - programmed
Projects
0 -25, by negotiation
0 -25, by negotiation
1. Includes required turnlanes and bypass lanes
2. Costs for gravel base and surfacing used in determining participation
3. Median treatments or landscaping is 0% county participation
4. County Road projects based on contributing flows
5. Traffic signal construction and maintenance is addressed in Item VI.
6. County participation with utility companies is negotiated. Participation shown is
for agreements with local units only.
7. Retaining walls constructed in lieu of right -of -way acquisition
VI. TRAFFIC SIGNAL SYSTEMS
As traffic volumes increase, the County is being faced with an expanding number of
intersections where traffic signals are warranted in accordance with the Manual on
Uniform Traffic Control Devices. Installation of marginally warranted traffic signals
reduces the efficiency of moving traffic on the County highway system and consumes
construction and maintenance funds more appropriately used on higher priority needs.
The County must, therefore, be more selective in terms of which traffic signals are
installed and the extent of County participation. The County has developed a Traffic
Signal Ranking System which reflects traffic volumes and accident susceptibility and
severity. This system will be utilized to determine priorities for new traffic signals (both
temporary and permanent). As a general policy, the County will not normally install, or
allow to be installed, traffic signals at intersections with a priority factor of less than ten
(10).
n
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
A. CONSTRUCTION
The construction cost of a traffic signal would include all design and construction
engineering, and the total cost of the construction work including, but not limited
to, interconnect, lighting, and emergency vehicle pre - emption equipment. The
construction cost participation factor for each party will be the ratio of the number
of legs of the intersection under each jurisdiction to the total number of legs of
the intersection. This participation applies to all new signal systems.
B. MAINTENANCE
Maintenance for all traffic signals on County Roads and County State Aid
Highways, will be furnished by Washington County. The County will own and
maintain the control equipment, electrical wiring, including conduit and bases,
replace knocked down equipment, and re -lamp, clean, and paint the traffic
control system. Traffic signals at intersections with trunk highways will be
maintained in accordance with Minnesota Department of Transportation policies.
The participating City /Township in which the traffic signal is to be located shall
provide for the installation of an adequate electrical power supply to the service
equipment or pole including any necessary extension of power lines at no cost to
the County. The City /Township shall maintain the integral street lighting
including relamping and cleaning of luminaries. The City /Township shall pay for
electrical energy to operate both the signal system and the integral street
lighting. If the traffic signal is located within more than one city /township, the
costs shall be apportioned in accordance with the construction cost participation
factor.
C. FLASHING BEACONS
The participation for flashing beacons shall be the same as traffic signals.
D. TEMPORARY TRAFFIC SIGNAL INSTALLATIONS
The County prefers that permanent traffic signals be installed initially wherever
feasible. In the event that permanent traffic signals are not feasible, the
following cost participation policies apply for temporary traffic signal installations:
The municipality will pay the full cost of a temporary traffic signal and will not
receive any credit for those costs when a permanent traffic signal is installed if,
at the time the temporary traffic signal is installed, the priority factor is less than
ten (10).
5
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
Temporary traffic signals that are installed prior to programmed reconstruction of
an intersection will be participated in on the same basis as permanent traffic
signals.
The costs for temporary traffic signals installed only for traffic control during
construction of a County project shall be paid on the same basis as permanent
traffic signals.
VII. UTILIZATION OF TAX INCREMENT FINANCING
The County's participation in a project where Tax Increment Financing is utilized by a
municipality will be as follows:
A. PROJECTS NOT IN THE CURRENT CAPITAL IMPROVEMENT PROGRAM
At the time a municipality is requested to approve the preliminary plans
for a project, the municipality must identify, by resolution, whether it
intends to use Tax Increment Financing for any portion of the project
cost. If the municipality elects to use Tax Increment Financing from any
Economic Development District for any portion of the project cost,
municipal participation could be 100% of the total engineering and
construction cost and 100% of the right of way cost for any portion of the
project within that municipality. The County Board of Commissioners will
review and approve County participation, if any.
B. PROJECTS IN THE CURRENT CIP
Participation will be as set forth in this policy.
VIII. TURNBACKS
Washington County does not have the financial resources to provide improvements on
its entire system of local, collector, and Minor Arterial roadways. Local roadways as
defined in the County Transportation Plan serve little to no County function and are a
low priority for improvement.
The County does consider that it has an obligation to insure that a turnback does not
constitute an immediate maintenance problem for the local government.
Therefore, turnback roads should be in a condition so as to require only normal
maintenance work for a five (5) year period following turnback.
The philosophies are reflected in the following turnback policy:
1. Bituminous pavements shall be in generally good condition. If they have not
been overlaid within the previous ten years or seal coated within the previous
four years, they should be overlaid or seal coated prior to turnback.
2. Widening, curve correction, vertical curve correction would normally not be
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
considered as part of the County's obligation in turn backs. There may be
isolated instances where turn lanes and bypass lanes would be considered.
These would have to be justified by recent major changes in traffic generation or
high accident history.
3. It shall be possible for the local government to receive funds from the County in
lieu of any work the County would do to put the road in turnback condition.
These funds would reflect the estimated cost of the County work. The local
government would have to agree to use the funds on the road being turned back,
either for contribution towards more major work or for maintenance.
4. The County, in taking over an existing local road would essentially take it over in
its current condition, except that:
a. If gravel, it should be well graveled.
b. If paved, all holes should be patched.
C. Isolated drainage problems should be corrected.
d. Right -of -way must be provided for future county improvements to the
roadway.
5. In regard to bridges or major drainage structures, the obligation should be the
same for County and local governments. Prior to turnback, the present "owner"
should insure that the structures are in a good state of repair. This would include
such things as a sound pavement, tight bolts, railings sound and reasonably
painted, and erosion correction. It would not mean strengthening an under -
designed structure for current loads or enlarging for inadequate hydraulic
capacity.
IX. VARIANCES
Any variance from this policy must be approved by the Washington County Board of
Commissioners.
7
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
APPENDIX A
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
RIGHT OF WAY COST SHARING
VARIANCE MATRIX
VARIANCE
#
ITEM
COUNTY SHARE
1
Corridor has been platted and developed.
0%
2
County preferred alignment causes total buy -out and
25%
relocation. (Alternate alignments not involving total
(affected parcel only)
take available.)
3
City agrees to County's "Access Spacing Guidelines"
20%
on future platting and development.
4
City conveys by agreement to the County concurrent
35%
approval for access control to County Roads on future
platting and development.
5
City conveys by agreement to County concurrent
45%
approval for access, R/W, drainage & wetlands, and
connectivity of streets to County Roads on future plats
and developments adjacent to the County Road
corridor.
6
City transfers plat authority for plats contiguous to
50%
County Road to County (unplatted /non - developed
corridors only).
F WAS
COST PARTICIPATION POLICY - COOPERATIVE HIGHWAY IMPROVEMENT PROJECTS
SUPPLEMENTAL NOTES FOR THE
R/W COST SHARING VARIANCE MATRIX
PREAMBLE: The County reserves the right to determine the length of the corridor to which the variance
concessions shall apply. This may be greater than the project length if required to establish
the objective and intent of the variance.
VARIANCE 1: Highway corridor has been built up to its ultimate land use. Access to adjacent properties has
been obtained (may or may not meet the County's "Access Spacing Guidelines" and future
property zoning and land use is not expected to change.
VARIANCE 2: In the event that an entire parcel is required to be acquired due to a County preferred
alignment (and other alignment alternatives are available), the County would participate in 25%
of the property acquisition costs and relocation expenses for that affected parcel only
These parcels would be treated separately from the right of way required for the rest of the
corridor. Cost sharing for these parcels would be separate, but not preclude additional cost
sharing identified in this matrix for the rest of the corridor.
Example:
A highway project requires right of way widening and acquisition on both sides of
the existing roadway. In addition, a curve correction requires the acquisition of a
single - family home. Assuming the strip of right of way costs $150,000 and the
total buy -out cost is $100,000, the maximum cost of share would be calculated as
follows:
Corridor "Strip ": 50% x $150,000 = $ 75,000
Total Buy -out: 25% x $100,000 = 25,000
TOTAL COUNTY SHARE $100,000
VARIANCE 3: Existing corridor has access spacing at or less than the County's "Access Spacing Guidelines ".
This variance would require a separate agreement between County and City. In lieu of strict
adherence to Spacing Guidelines, agreement may allow a fixed number access points along
the corridor. Corridors with multiple parcels which have legal access rights to the highway
would not qualify if lawful access would result in more access points than allowed in the
"Access Spacing Guidelines ".
VARIANCE 4: Same conditions as noted in Variance 3 would still apply. City retains full planning and zoning
responsibilities, but County would have to approve the access portion for plat approval. This
variance would require a separate agreement between the County and City.
VARIANCE 5: Same as Variance 4, but also includes right of way dedications, drainage, and wetlands review
issues, and internal street connectivity issues.
VARIANCE 6: Corridor must be undeveloped, unplatted, and meets the criteria defined in Variance 3. County
would become the Planning and Zoning Authority for property along the County Road.
...V \agree \costpart
A -2