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Home My WebLink About2014-06-18 PACKET 04.H. REQUEST OF CITY COUNCIL AC'l"ION COUNCIL AGEND MEETING ITEM # DATE 6/18/14 . , PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ******�**�**************�*********************** COUNCIL ACTION REQUEST Consider approving the cooperative agreement between the City of Cottage Grove and Washington County for the Design and Construction Costs of CSAH 22 and Meadow Grass Avenue Intersection Improvements. STAFF RECOMMENDATION Approve the cooperative agreement between the City of Cottage Grove and Washington County for the Design and Construction Costs of CSAH 22 and Meadow Grass Avenue Intersection Improvements. BUDGET IMPLICATION: $ $172,320 MSA/Streetlight Utility BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE SUPPORTING DOCUMENTS � MEMO/LETTER: Memo from Jennifer Levitt dated 6/12/14 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: � ❑ LEGAL RECOMMENDATION: � OTHER: Cooperative Agreement ADMINISTRATOR'S COMMENTS �_ E._ ' � /� r ity Administrator Date ******�********************��******************* COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER :;'� �; � ; ,; , �� ,� Cottage , J Grove � Pride andP�OSPerity Meet TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: Jennifer Levitt, City Engineer/Community Development Director DATE: June 12, 2014 RE: Cooperative Agreement — 70th Street and Meadow Grass Avenue Background/Discussion The City of Cottage Grove and Washington County have been working cooperatively to address the concerns raised regarding the intersection of 70th Street (CSAH 22) and Meadow Grass Avenue. Since the creation of the Bike Park at Meadow Grass Avenue, there is an increase in the amount of pedestrians crossing 70th Street at an uncontrolled intersection. The County's study of the 70th Street corridor had proposed a traffic signal at the intersection with Meadow Grass Avenue to address the .increased traffic volume on 70th Street; with the increase in traffic volume there is a reduction in the gap spacing during peak hours. The reduction in gap spacing means the level of service decreases at the intersection and �motorists start to make more risky turning maneuvers to enter the flow of traffic. This trend can increase the number and severity of accidents. A proposed traffic signal will improve pedestrian safety, since pedestrians will be crossing at a controlled intersection. - The cooperative agreement between the City of Cottage Grove and Washington County for� the Design and Construction Costs of CSAH 22 and Meadow Grass Avenue Intersection Improve- ments outlines that the City is the lead agency on the project. The City is the responsible party for survey, design, bidding, construction adrninistration, and testing for the project. The current engineers estimate for the project is $300,000. The cost participation will be based upon the `Policies for Cost Participation Between Washington County and Other Agencies for Cooperative Highway Improvement Projects.' Currently, the proposed expenditure for the City is $172,320. The City will be funding the project from MSA Funds and the Streetlight Utility Fund. As outlined in the agreement the City is the lead agency; due to this fact the City will be reimbursed from the County 4 percent of the total construction cost for the project. This will cover the administration cost of the project. The project consists of the following elements: 1. Installation of turn lanes on 70th Street and Meadow Grass Avenue. 2. Installation ofi a traffic signal at the intersection and associated electrical power. 3. Installation of an ADA cross walk at the intersection. 4. Interconnect of the traffic signal at Hardwood Avenue and 70th Street. 5. Paving of the intersection to improve ride quality and transition of the intersection. 6. Pavement markings and signage. � �� ;��: Honorable Mayor, City Council, and Ryan Schroeder Cooperative Agreement — 70th Street and Meadow Grass Avenue June 12, 2014 Page 2 of 2 The project is proposed to be completed in mid-October of 2014. The actual bid date is dependent upon MnDOT review of the project. Once the final design is approved by MnDOT and bidding is underway, residents in the area will be notified of the project. The City is working with adjacent landowners to address any concerns they may have related to the project design. Recommendation It is recommended to approve the cooperative agreement between the City of Cottage Grove and Washington County for the Design and Construction Costs of CSAH 22 and Meadow Grass Avenue Intersection Improvements. COOPERATIVE AGREEMENT BETWEEN w ASHINGTON COUNTY THE CITY OF COTTAGE GROVE AND WASHINGTON COUNTY CONTRACTNO. FOR THE DESIGN AND CONSTRUCTION COST OF DEPT. PUBLICWORKS COUNTY STATE AID HIGHWAY (CSAH) 22 AND MEADOW DIVISION TRANSPORTATION GRASS AVENUE INTERSECTION IMPROVEMENTS TERM 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 of the State of Minnesota, hereinafter referred to as the "County," shall consist of this agreement and Exhibit A[Project Location Map] attached hereto. WITNESSETH: WHEREAS, the County and the City desire to design and construct turn lanes and a traffic signal system at CSAH 22 (70th Street South) at Meadow Grass Avenue South; and WHEREAS, items as part of this contract require cost participation in accordance with the "County Policy for Cost Participation Between Washington County and Other Agencies for Cooperative Highway Improvement Projects" dated September 5, 1995; and WHEREAS, the City and the County desire to use State Aid funds for these improvements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to �: ° facilitate the construction of these transportation improvements; and � WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE . 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. B. PLANS AND SPECIFICATION PREPARATION The City shall be responsible for the preparation of the necessary plans and specifications, including compliance with Minnesota State Aid requirements and all other applicable standards and policies and obtaining all approvals required in arriving at the bid specifications for this project. 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 necessary for the project. 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 through eminent domain proceedings. D. ADVERTISEMENT AND AWARD OF CONTRACT After plans and specifications have been approved, all permits and approvals obtained, and acquisition of necessary rights-of-way and easements, the City shall advertise for construction bids and award the contract to the lowest responsible bidder. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The City shall be responsible for the construction administration, inspection, and for the observation and testing for all roadway related construction items. All construction items shall also be subject to the approval of Washington County Public Works. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS � � 1. Actual� construction costs will be �based on the contractor's unit prices and quantities � - constructed. The County shall pay the City a share of construction costs which shall be prorated based upon each party's final construction contract prices in accordance with the `Policies for Cost Participation Between Washington County and Other Agencies for Cooperative Higfiway Improvement Projects'. The City and County's combined total construction cost is preliminarily estimated to be $300,000. 2. The County will pay the City 4% of the total construction cost as its portion of the - project administration and bidding cost. 3. The County shall pay the City the costs of an ICE Report in the amount of $6,400, less a credit of $550 for turning movement count data provided by Washington County. 4. The County shall pay the City a share of survey, design, and bidding services fees which shall be prorated based upon each party's final construction contract prices in accordance with the `Policies for Cost Participation Between Washington County and Other Agencies for Cooperative Highway Improvement Projects'. The City and County's combined total cost of survey, design, and bidding services fees is estimated to be $24,280 Page 2 of 6 5. The County shall pay the City a share of Construction Engineering fees which shall be prorated based upon each party's final construction contract prices in accordance with the `Policies for Cost Participation Between Washington County and Other Agencies for Cooperative Highway Improvement Projects'. Construction engineering includes construction observation and testing, construction surveying and project administration for all roadway and signal system related items. The City and County's combined total cost for Construction Engineering fees is estimated at $20,360. � 6. The overall estimated project cost splits are summarized in Table 1 below, based on a preliminary estimate that the City and County's combined total construction cost is preliminarily estimated to be $300,000 and that the City and County's respective share of the total construction cost will be approximately equal. The County's and City's actual respective cost shares shall be prorated based upon each party's final construction contract prices in accordance with the `Policies for Cost Participation Between Washington County and Other Agencies for Cooperative Highway Improvement Projects'. -�Table 1 _ _ Sutnmary,of ESTIMATED City and Counfy Project Cos# Shares _ ITEM CITY COST COUNTY COST PROJECT CONSTRUCTION COST $150,000 $150,000 CITY PROJECT ADMINISTRATION AND BIDDING INCIDENTAL $12,000 � INTERSECTION CONTROL EVALUATION (ICE) REPORT $0 $6,400 TURNING IVIOVEMENT COUNT DATA $0 -$550 SURVEY, DESIGN, AND BIDDING SERVICES $12,140 $12,140 CONSTRUCTION ENGINEERING SERVICES $10,180 $10,180 TOTAL ESTIMATED COST $172,320 $190,170 G. PAYMENT 1. After the City has awarded the construction contract, the Engineer's Estimate will be updated to reflect the actual contractor's unit prices and the City will submit a copy of the revised summary to the County. Upon receipt of the revised summary, the County shall pay to the Finance Department of the City an amount equal to 10 percent of the County's estimated construction cost. The County shall also pay engineering costs incurred by the City to date, as outlined in Section F. 2. During construction the City shall submit to the County an estimated cost of the partial work performed by the Contractor. Upon receipt of this estimated cost, the County shall pay to the City its prorated share of the cost of the partial work perFormed as determined in Section F of this Agreement. Upon substantial completion of the work the City shall prepared an updated revised estimate of cost Page 3 of 6 participation breakdown which will be based upon the contract unit prices and the actual units of work performed and submit a copy to the County. The engineering costs to be paid to the City by the County shall be based on this estimated final construction cost. The County shall add to the City's estimated final construction costs the administrative engineering costs, the costs of supplemental agreements, if any, make necessary adjustments for liquidated damages, if any, and deduct County funds previously advanced for the project by the County. 3. In the event that the County paid more in advance than the actual cost of the County's portion of the project, the City shall refund without interest the amount to the County. H. CONTRACT CHANGES 1. Any modifications or additions to the final approved plans and/or specifications shall be made part of the construction contract by a contract change, but only after concurrence the County Engineer, and shall be paid for as set forth in Section F of this Agreement. 2. Through written request, the County may request changes to the final approved plans and/or specifications. I. MAINTENANCE/OWNERSHIP AGREEMENTS The County and City shall enter into a separate agreement for the maintenance and ownership of all items constructed with this project. . J. LIQUIDATED DAMAGES Any liquidated damages assessed to a contractor in connection with the work perFormed on the project shall be split between the County and the City in proportion to the cost split for the category of work in which the liquidated damages are assessed. If liquidated damages are assessed in a category that is wholly County responsibility then the County will retain the full amount of damages. If liquidated damages are assessed in a category that is wholly City responsibility then the City will receive credit for the full amount of damages. K. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy 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 Page 4 of 6 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 employees of the City and all other persons employed by the City 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 County 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 City 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 County. N. INDEMNIFICATION 1. 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 City, its agents, officers, or employees during the performance of this agreement. 2. 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 be required to pay by reason of any negligent act by fhe County, its agents, officers, or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a"cooperative activity" and it is the intent of the parties that they shall be deemed a"single governmental unit" for fihe purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1 a(b). 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 writing to .be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd.1 a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). O. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Page5of6 Data Practices Act, Minnesota Statutes 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 AGREEMENI' This Agreement shall remain in full force and effect until terminated by mutual agreement of the City and the County. IN TESTIMONY WHEREOF the parties have duly executed this Agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF COTTAGE GROVE Autumn Lehrke, Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Recommended for approvaL , Assistant County Attorney Date City Engineer Approved as to form: City Attorney Date Page 6 of 6 € � � . � ��.� �� ' 6 � �p� �� r� � ��=� � �� .� r � t � �,. �.,,. GLENNO Li=ENi�f � �� j ��, � ��1 �, � ��. : � � � � � , �4'� � �.WAy . ° � ; r �i 4 $T' , .� � � �,�, � x � � � � ( � y� ' � � '. p �YNd EG7 : cv �OR3 " �r '` $r � � � � h3.. � �� VOC7UtAkEBhY : �+ : � r �� : � �� ' �� ,. "�' H Arc,!� � �g' cirt� � � HA..L �+ �' � 4P' 64 T3T : : � ffil , � , � � � � 5 � � ` t i � e , �� 53 = � > . � � � � � � �� sr: � ��`- � � �� ; i � ,:. � , .. ,. _ � � � w G s�' ? � 1SP . 8 riM S 5 �� " � ,�OTTAGE'�[ � � �� ' ciq� � ,��; , fiiROVE , [l , " fe�aT� ; �c � � �. �EtEM":' " � I m � +� � � . �iA �Tk � ,�� wa�a� � :pr� ; b�"�' � � �t8' t T �� T� �e,: t 5T « �. � � � ' �� ' , +�llt, a�" a =' .� � ;i ' � � ; L'�TY y=" �' ' '�, I 4�� as � I , ROAD HAtL � TS THBT r. .: y arta �� a �+'srs�� .� sa r' ai� ��'' � � r� �r � `� � � '" § ��. �" ` .•,� , � � �,. .� ' � � � � � �� ,��.�� '�!',,,. � ` �$_ � � � � � � �` # � . x _ � � � �. � � �� ,�,.� .- �; x�.,��,� � ; �a � ; � �� 3 � sm v K ��'q� • � � � � � �� 31� � �_ _ , , � T .� . , � ': .: � ea` �. . � � ` � �. . .�.. � � r.. .... " �." .:' Exhibit A Project Location Map