HomeMy WebLinkAbout2015-06-17 PACKET 04.D. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #� �
DATE 6/17/15 d
a
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 of County State Aid Highway (CSAH 22)
and Jamaica Avenue South.
STAFF RECOMMENDATION:
Approve the request.
BUDGET IMPLICATION: $N/A $N/A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION:
DATE REVIEWED APPROVED DENIED
❑ PLANNING ❑ ❑ ❑
❑ PUBLIC SAFETY ❑ ❑ ❑
❑ PUBLIC WORKS ❑ ❑ ❑
❑ PARKS AND RECREATION ❑ ❑ ❑
❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑
❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑
❑ ❑ ❑ ❑
SUPPORTING DOCUMENTS:
� MEMO/LETTER: Memo from Jennifer Levitt dated 6/11/15
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Cooperative Agreement
ADMINISTRATOR'S COMMENTS:
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� .����i��C�'� F G-�� -�%i� (_
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City Administrat r Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
J Grove
�here Pride anaProsperity Meet
TO: Honorable Mayor and City Council
Craig Woolery, Interim City Administrator
FROM: Jennifer Levitt, Community Development Director/City Engineer
DATE: June 11, 2015
RE: Cooperative Agreement for 70th Street and Jamaica Avenue Project
Background/Discussion
The City of Cottage Grove and Washington County have been working cooperatively to facilitate
_ improvements to 70th Street (CSAH 22) and Jamaica Avenue. The improvements will include a
roundabout at 70th Street and Jamaica Avenue with landscaping and lighting; there will be turn
lanes added to the Dodge Nature Center; full reconstruction with curb and gutter to the Rose of
Sharon driveway; and pavement rehabilitation. Please see Exhibit A for the project details.
The project scope and cost was reviewed with the City Council on June 3, 2015 at a workshop
session. Staff will review additional landscaping options for the roundabout and corresponding
boulevards and medians with the City Council in late summer; this is in response to the Council's
request for enhanced landscaping. '
The proposed improvement has a construction value of $2,936,083 plus 30 percent for design,
construction observation, testing, and legal services. The proposed agreement provides for a
cost participation based upon the value of the improveme�t under each road jurisdiction. Based
upon the engineer's estimate, the cost split would be 40 percent County and 60 percent City;
the final cost split will be based upon actual bid results. The cooperative agreement enables the
City to be the lead agency for design and construction management on the project. This arrange-
ment worked well on a previous project at 70th Street and Meadow Grass Avenue for the instal-
lation of a traffic signal and turn lanes.
Recommendation
It is recommended to approve the Cooperative Agreement Between the City of Cottage Grove
and Washington County for the Design and Construction of County State Aid Highway (CSAH
22) and Jamaica Avenue South.
WASHINGTON COUNTY
COOPERATIVE AGREEMENTBETWEEN THE CITY OF
CONTRACT NO.
COTTAGE GROVE AND WASHINGTON COUNTY FOR
DEPT.PUBLIC WORKS
DESIGN AND CONSTRUCTION OF COUNTY STATE AID
DIVISIONTRANSPORTATION
HIGHWAY (CSAH) 22 AND JAMAICA AVENUE SOUTH
TERMSignature to Completion
THIS AGREEMENT, by and between the City of Cottage Grove, a municipal corporation,
hereinafter referred to as the “City”, and Washington County, a political subdivision of the State
of Minnesota, hereinafter referred to as the “County”:
WITNESSETH:
WHEREAS, the City and the County desire to improve the operation and safety of CSAH 22
th
(70Street) from 0.3 miles west and 0.1 mile eastof the intersection with Jamaica Avenue
South and on Jamaica Avenue South fromIndian Boulevard to Military Road; and
WHEREAS, a collaborative effort between the City and theCounty to study and evaluate a
range of alternatives resulted in the development of a preferredoptiontobe used as the basis
for the final design (attached as Exhibit A); and
WHEREAS, a preliminary cost estimate for construction (attached as Exhibit B)has been
prepared by theCity; and
WHEREAS, the City shall administer a consultant contract to perform the design engineering
and construction engineering;and
WHEREAS, the City and County will sharein the costof construction, design and construction
engineeringand right-of-way acquisition in accordance with theDraftCounty Cost Participation
Policy; as outlinedin Section VI of this Agreement;and
WHEREAS, the County desires to useState Aid tofund this transportation improvement.
WHEREAS, the City desires to use State Aidand local fundsto fund this transportation
improvement.
WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota
Statute 162.17 sub.1.
NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
I.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 and shall consist of this agreement
andExhibit A (preferred option) and Exhibit B (preliminary construction cost estimate).
II.DESIGN ENGINEERING, PLANS AND SPECIFICATION PREPARATION
The City shall enter into a contractwith an engineering firmfordesign engineering. The
City shall be responsible forpreparation of the constructionplans, specificationsand all
approvals neededfor the projectwith County participation in cost as outlined in Section
VI.The City shall ensure inclusion in its specifications a provision requiring any
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contractor or subcontractor conform to the wage requirements contained inMinnesota
Statute 177.41 to 177.44.
III.RIGHT OF WAY AND EASEMENTS
A.The County shall acquire permanent rights-of-way, permanent easements, and
temporary slope easementsfrom parcels in the northwestand southeastquadrants
of CSAH 22 and Jamaica Avenue Southwith City participation in cost as outlined in
Section VI.
B.The County shall initiate acquisition of the parcel located at 9278 70th Street South.
This property will be acquired only if the owners are willing sellers. Ifthe parcel is
acquired as part of this project, the City and County will share in the cost of right-of-
way acquisition as outlined in Section VI. Eminent domain proceedings will not be
used to acquire this parcel.
C.The City shall acquire all permanent rights-of-way, permanent easements, and
temporary slope easements from parcels in the northeast and southwestquadrants
of CSAH 22 and JamaicaAvenue South. The City shall be responsible for 100% of
these costs.
IV.ADVERTISEMENT AND AWARD OF CONTRACT
A.After the plans and specifications have beenapproved, all permits obtained, and
acquisition of necessary rights of way and easements, the City shall advertise for
construction bids.
B.The City shall award the contract, but concurrence of award by the County Engineer
shall be a condition precedent tothe award of the bid.
V.CONSTRUCTIONENGINEERING
The City shall enter into a contract with an engineering firm forconstructionengineering.
The City shall be responsible for the construction engineering, observation, construction
surveying and staking and project administration with County participation in cost as
outlined in Section VI.
VI.COST PARTICIPATION ITEMS AND ESTIMATED COSTS
Apreliminaryconstructioncost estimate and cost participation breakdown for the project
has been prepared by the City(attached as Exhibit B).The construction cost estimate is
an estimate of the City engineerand thecost participation breakdown is in accordance
with the DRAFT “Cost Participation Policy for Projects Constructed in Washington
County Using County State Aid Funds or Local Tax Levy Dollars”dated September 30,
2014.
A.Construction
Thetotal estimated cost of construction is $2,936,083.55. The County will pay to the
Cityand the estimated amountas detailed in Exhibit B and summarized in Table 1of
this agreement. Actual construction costs will be based on the contractor’sunit
prices and the quantities constructed.
B.In addition to the amounts set forth in Section VI. A.the County shall pay to the City
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40percent of the design and constructionengineering services costs. This
percentage is based on the County’s share of the estimated total construction
contract.
1.Design Engineering
Design Engineering includes all preliminary and final design engineering. The
totalamount of the Preliminary Design EngineeringServicesis $76,273.32
and the total amount of Final Design Engineering Service is $194,184.00. The
County will pay the City 40percentof thePreliminary and Final Design
Engineering costs.
2.Construction Engineering
Construction Engineering includes construction observation, construction
surveying and staking and project administration.The total amount of
Construction Engineering Services is $121,406.00. The County will pay the
City 40percentof the Construction Engineering contract.
County shall pay to the City
The total estimated amount the is summarized in Table 1.
TABLE 1
CSAH 22/JAMAICA AVECONSTRUCTION & ENGINEERING SERVICES
ITEMSCOST
$1,181,526.05
Construction (estimatedproject cost)
$30,509.33
Preliminary DesignEngineering(40% ofconsultantservices)
$77,673.60
Final Design Engineering (40% of consultant services)
$48,562.40
Construction Engineering (40% of consultantservices)
TOTAL ESTIMATED COST$1,338,271.38
C.Right-of-Way and Easements
The City shall participate in all land acquisition related costs in accordance with the
DRAFT “Cost Participation Policy for Projects Constructed in Washington County
Using County State Aid Funds or Local Tax LevyDollars” dated September 30,
2014.
City shall pay to the County
The total estimated amount the is summarized in Table 2.
TABLE 2
CSAH 22/JAMAICA AVERIGHT-OF-WAY ACQUISITION
ITEMSCOST
$5,000.00
Right-of-Way and Easements(Land Value)for Roundabout(100%)
$134,370.00
PropertyValue of 9278 70th Street South(55%)
TOTAL ESTIMATED COST$139,370.00
VII.PAYMENT
A.The City shall, when a construction contract is awarded, prepare a schedule of prices
based on the contract unit prices and submit a copy to the Countyin Microsoft Excel
format. The County shall pay the City an amount equal to 10%percent of the
estimated construction costupon receipt on an invoice.
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B.During construction, the City shall submit to the County an estimated cost of the
partial work performed by the Contractor. Upon receipt of the estimated costand
invoice, the County shall pay to the City its share of the cost of the partial work
performed.
C.Upon completion of the work, the City shall prepare an updated construction cost
based upon the contract unit prices and the actual units of work performed and
submit a copy to the County. The City shall add to the County’s final construction
costs the amount of construction contract changes, if any, make necessary
adjustments for liquidated damages, if any, and deduct County funds previously
advanced for the project by the County. The County agrees to pay to the City the
amounts due. In the event the calculations show that the County has advanced
funds in greater amount then is due the City, the City shall refund without interest the
amount to the County.
D.The County shall pay the City the following costs on a reimbursable basis:
1.Design Engineering, Construction Observationand Staking
2.Construction Testing
E.The City shall pay the County for following costs on a reimbursable basis:
1.Right-of-way costs in accordance with Sections III and VI of this
agreement.
VIII.CONTRACT CHANGES
Any modifications or additions to the final approved plans and/orspecificationsof the
projectshallbe made part of the construction contract through a written amendment to
the construction contract, but only after concurrence by the County Engineer.
IX.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.
X.WORKERS COMPENSATION
It is hereby understood and agreed that any and all employees of the County and all
other persons employed by the 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 ofthe City.
XI.INDEMNIFICATION
A.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 the
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City, itsagents, officers or employees during the performance of this agreement.
B.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.
C.To the fullest extent permitted by law, actionsby 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 the purposes of
liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a(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. 1a.
D.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 1a 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).
XII.CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this project
through levy on County-owned property.
XIII.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
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.
XIV.TERM OF AGREEMENT
This agreement shall remain in full force and effect until the County makes final payment
to the City of the project.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly
authorized officers.
COUNTY OF WASHINGTON
Approved as to form:
AsstCounty Attorney Date
Gary Kriesel, Chair Date
County Board of Commissioners
Molly O’Rourke Date
County Administrator
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CITY OF COTTAGE GROVE
Mayor Date
City Administrator Date
Approved as to form:
City Attorney Date
Recommended for approval:
City Engineer Date
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N
LEGEND
ROADWAY
RECLAIM
CURB/MEDIAN
SHOULDER
TRAIL
SIDEWALK
APRON
Exhibit A
Jamaica Avenue S. and CSAH 22 (70th Street S.)
Project Concept Layout - Preferred Option
Cottage Grove, Washington County, Minnesota
May 15
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nrE(vaEunwnav)-couNrv gi,iei,szb.os EXHIBIT B