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ITEM 4.2A CSAH 37otCITY OF MINNESOTA DEPARTMENT INFORMATION ORIGINATING DEPARTMENT: Public Works PRESENTER(): Ron Wagner, City Engineer AGENDA ITEM DETAILS Request for City Council Action REQUESTOR: Ron Wagner, City Engineer RElf ( EIV ED BY: Lori Johnson, City Administrator MEETING DATE' April 8 12013 ITEM #, 4.2A RECOMMENDATION, Staff recommends approval of Cooperative Agreement with the County regarding City design and construction of CSAH 37 from Oakwood Avenue to Odean Avenue. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes —Cooperative Agreement No BACKGROUND/JUSTIFICATION: Both the City of Otsego and Wright County have received Federal grants for 7 oth Street and CAH 37. These projects overlap each other between Oakwood Avenue and Odean Avenue. The City of Otsego Is planning to construct the 701h Street project 2 years ahead of its 2016 Federal funding. Wright County will not be constructing its portion until the 2017 Federal funding is available. Wright County and the City of Otsego have agreed that it would be best if the portion of overlap between Oakwood Avenue and Odean Avenue be constructed in 2014 with the city project for several reasons, mainly that there should be no sacrificial design and construction, therefore saving cost and causing less traffic controI issues. Staff has reviewed the Cooperative Agreement. Items of note are the City will be refunded County portions of the project in 2014 and 2015 and not have to wait for the County to receive Federal funding, Traffic control will not be by a percentage of the construction cost. The intersection of 70th St and CAH 37 right of way costs and construction costs will be per leg or 2/3 County and 1/3 City. Right of way (ROW) costs for the section between Oakwood and Odean Avenue will be any ROW necessary to the north of the existing ROW will be for the trail and will be the responsibility of the City. ROW necessary south of the existing ROW will be for the highway improvement and will be the responsibility of the County. The County has agreed the highway between Oakwood Avenue and Odean Avenue may be offset to the south to minimize ROW takings from residential lots. The property to the south is currently all agriculture. SUPPORTING DOCUMENTS: ATTACHED NONE 0 Cooperative Agreement 13-52 Motion: Motion to approve Cooperative Agreement #13-52 between the City of Otsego and Wright County regarding Funding Participation and Construction Agreement for Improvements to CSAH 37 from the intersection of 70th Street east to Olean Avenue. BUDGET INFORMATION FUNDING: County Reimbursement Municir)al State Aid ArTinkli TAS FZKI BUDGETED' X YES APPROVED AS REQUESTED a DENIED o TABLED DOTHER (List changes) COMMENTS: WRO IGHT COUNTY DEPARTMENT fig'1AX({srKIfV1U'A5Y2 Ms. Lori Johnson., City Administrator Otsego City Flail 13400 90th Street NE Otsego, MN 55330 RE: Wright Cozinty Pubf(c Works Bid1ding 1901 Highway 25 North Buffafoy MN 55313 Jct. T.H, 25 and C.R. 138 Telephone: (763) 682-7383 FAX: (763) 682-7313 April 4, 2013 rending Participation & ConstrUction Agreement (No. 13-52) 701h Street & CSAH 37 Improvements Dear Lori: VIRGIL G. HAWIUNS, P.E. Highway Engineer (763) 682-7388 CHAD D. HAUSM ANNo P, . Assistant Highway Engineer (763) 682-7387 MARK A. JOHNSON Right -of -Way Agent (763) 682-7386 Please find enclosed two (2) original copies of the cooperative agreement, for the above mentioned project, for approval by the City of Otsego. Please sign and return both copies to our office, for approval by the County. it has been brought to OUr attention that the City desires the following to be included in the County's 2017 reconstruction project of CSAH 37 (from just east of Odean Ave NE to TH 101)*' 1. Include a trail along the north side of CSAH 37 2, All utilities to be located Underground We would be happy to include a City trail in our 2017 project, and will, plan on meeting with the City well ahead of design of the 2017 project to coordinate and prepare an agreement accordingly, subject to the County funding policy (trails are constructed at city expense). The County has no legal tinechanism to require all titilifles to be placed underground within the County highway right- of-way, Perhaps the City may have a franchise agreement or an ordinance that would require this? We would welcome all utilities to be placed midergroan d, and have requested this on previous projects only to find out the County would have to bear the burden of the extra expense. Please call me at 763�682-7388 if you have any questions or require further information, Sincerely, ) F_ A VirEil G. Hawkins, P.E. County Highway Engineer Enclosures: Two (2) copies of Agreement No. 13-52 cc: Chad Hausmann, Assistant County Engineer (w/copy) Brian Asleson, Deputy County Attorney (w/copy) Ron Wagner, Hakanson-Anderson, Inc. (w/copy) Project File (w/copy) rf qual Opporturiffij / Affirmative Action EMP10YOt' April 4, 2013 pct AGREEMENT ENT NO. 13-5 7856 WRIGHT COUNTY DEPA TMEI T OF H IG HWAYS FUNDING PAI T( IPATION AND CONSTRUCTION AGREEMENT BETWEEN THE COUNTY OF WRIGHT and THE CITY OF OTSEO For CONSTRUCTION TION OF IMPROVEMENTS FOR: 70th Street & CSAH 37 SP 217-112-002 P 085-637-033 RECONSTRUCTION AND BIKE/PEDESTRIAN TRAIL IMPROVEMENTS (From the intersection of 70th Street t0 east of O can Avenue NE in Otsego) Page j 1 COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into byand between the County ofWright, Minnesota, acting bv and thl-OLIgh RS COUnty Board of Commissioners hereinafter referred to as the "COUnty" and the City of Otsego, Minnesota, acting by and through its City Council, hereinafter referred to as the "Cityll, WITNESS TOO WHEREAS, the City of Otsego has received federal funding for the improvement ofmmStrelet, from Lambert Avenue to Odean Avenue NE, to he constructed in FY 2016, arid WHEREAS,, the City of Otsego intends to construct and forward fUnd the improvement of 70'h Street from Lambert Avenue to Odean Avenue NE in 2014, and WHEREAS., the County of Wright has received federal funding for the improvement of CSAH 37, from Oakwood Avenue toTrunk Highway (T�H)1O1 iobecomtrucLedinFY2O17 and WHEREAS, the City and County have mutually agreed that it is in the best interest of the PLJbliC that the City's 70th Street project include reconstructing a segment of CSAH 37 (from the intersection of 7 01h Street & C6AH37tojuateastofOdea nAve nueNE),and VVHEREAS p/ansandspodf icaUonsvNUbeprepared bv1heCity forthe\mprove ill elit of7nmStreet (n Otsego, and said construction plans are designated as3P217-1l2'OD2. The project includes, but is not limited to, pavement removal and replacement, highway construction, h\ghweydroinageconst'uc{1on,oltytrai|construct|on,uti\hv1mprovemenks,andoiherm|scd|aneous (mprovementswithin the corporate Dm|\sofOtsego, and WHEREAS, a Cooperative Agreement between the County a nd the City OLIflines the responsibilities and financial commitments for the segment of CSAH 37 that will be i1XILided in the City's 7 oth Street project. NOW THEREFORE, |TtSMUTUALLY AGREED AND UNDERSTOOD THAT: Article One The City shall construct orcousetobeconstructed aproject meeting state aNstandards and federal aN standards of highway construction, utility, drainage, and other miscellaneous improvemellt.5 Upon or along CSAH 37 within the City limits in accordance with the approved plans and specifications as prepared by the City, and The City of Otsego consultant Project Engineer shall be responsible for preparing all paperwork necessary to complete the project using the Delegated Contract Process (DCP) for federally funded projects. Thisindudes sending all necessary forms to the appropriate MnDOT office(s), in accordance with the latest version of the DCP checklist (http .dot.state.mn.ua/u ateaiJ/PnojDe<iv/dcn/OCPCHECKL|ST _2011.1)df). The project must be constructed in accordance with federal and state aid requirements, including testing in accordance with the latest edition of the MnOOTSchedule of Materials Control (http://wvuvvdot.state. mnus/maieria |s/iab.htm)}. The County Engineer shall becopied onall correspondence sent by the City of Otsego Pnject Englneer to K4nDOT. Article Two It is agreed that upon completion of and acceptance of the work as to quantity and quality by the County, the County Engineer shall determine the actual arnount that the County will reimburse the City in accordance with the following fUnding participation schedule: 1. CAH 37 Segment of the 70h Street Improvements — SP 217-112-002: This participation is based on the fact that the County would have been constructing the segment of CSAH 37 (that will be included in the City's 70"' Street Project) in 2017, and it is in the public's best interest to include that segment in the City's project in 2014. Funding Participation (CSAH 37 Segment of Prolect): CO Grading / Removals 100% 0% Turf Establishment 100% 0% Bituminous Pavement 100% 0% Bike Pedestrian Trail 0% (F) 100% (F) Curb & Gutter (New/re placement) 0% 100% ROUndabout (including throats) 67% 33% Driveway Restoration (Agg, Bit, Cone., etc.) 100% 0% Retaining Walls if needed for trail) 0% 100% Right -of -Way — Roundabout (Permanent & Temporary) 67%(*H) 33%(*H) Right -of -Way — City Trail (Perr a ne tit & Temporary) 0%(*H) 100%(*H) Right -of -Way — Highway (Permanent & Temporary) 100%(*H) 0%(* H) Permanent Street Lighting (Roundabout) 67% 33% Storm Sewer (*A) (*A) Utility Work (San.Sewer, Water, and Casting Adjustments) 0%(*B) 100%(* B) Signing/Striping 100%(*E) 0%(* E) Engineering Services 0 M) Mobilization and Traffic Control D) D) Wetland Mitigation G) G) Page 13 VH. (*) See Notes 2 �~ ��d�|� ������u�E��er�|c��� A. �d�nabary�ormse�e[ n project, '.� the Couotv/Ctycost spUtfor storm oevvercost�based oncontdbudngareas of�ovv. The County wU|cover ' costs that are determined hvthe State tobeState Aideihg\b|e(forthemegnantofthe project along Upon comp|edonofthe p project, U �heC|tyofO��e�ow�ma|ntoNtheshzrm ~ along CSAH any), howeve�that this paragraph uheUnot comm�the sevvoruysbom� n�c�a ` any'' , City to replacing or relocating any portion of said storm sewer made necessary as a result of a fUture reconstruction of CSAH 37 (excluding highway culverts and driveway culverts). B. 3anitarySewerand/orvuatcrmaYn|mprove monts,<no|udingaUadjustments ofcastings and/orgate valves, will beatnocost tothe County. C. The City will provide engineering services for surveylng, design,, construction, construction inspection/testing,and administration ofthe project. The County will not participate it) any engineering costs incurred hmthe City that are necessary for the CMportion project costs (FeasIbility Studies., hearings,, legal expenses, etc.). TheCounty will reimburse the City for engineering services for the County's portion ofthe project based upon the following table. The final reimbursement will be computed using the appropriate % below times the County"s portion only ofthe final actual contract construction cost. From $ O 1hru$1OO,0OO uptol89& ofCounty's Portion Over 1000000 thru25O,O0O upto13% ofCmunt»'oPortion Over 250l000 thruSOU,0OO uptn1lq& ofCount/uPortion Over 500,0O0 thru|ndef(ni\e upto1096 ofCounty's Portion D. Mobilization costs for the County are to be split based on the ratio of County construction costs versus the entire project conotrucdoncogs. Traffic Control costs shall be bid as two (2) separate pay iterns for the City work and the COUnty portion of the work (since some of the City work is brand new alignment). E. Maintenance of the any/all crosswalk pavement markings, upon completion of the project, will be the responsibility of the City. F. The City is the sole owner of the Bike/Pedestrian Trail constructed under this project and is/willbe responsible and liable for all aspects ofownership. This Includes, but ianot Umitedto, future maintenance and repair/replacement costs. G. The city will be responsible for wetland mitigationcosts associated with impacts due to the trail/sidewalk improvements. H.The City shall be responsible for acquiring aU[/W required for the project. This includes, as required ' �the0ontyEngineer,preperaUnnofaF/Wp\atinaccordance with the COunty Surveyor's Sta ndardsondeesement[anQuaQcapproved bvthe Coun1ySun/eyorsOff ice (for the C5AH37 segment). TheCity vNUberesponsible for 1nhUalpayment ofeUR/VVacqu|dt|nncost�and the Uire1mburoototheC|tyYhoueoostsasyodwith Intersection of7C/»Street) tothe eastern limits ofthe project /(]deanAvenue area\,with the exception of the R/VVfor the trail (City cosd. The costs tohereimbursed bytile County Include all typical right of way acquisition expenses (certified appraisals, review appraisals, witness fees, court ordered commissioner hearings, court ordered rnediation,, condemnation, and legal costs) inClUded in the��u���� �r��v�Nan��\�c�emna�� ` shall final avvardasde�ermmedbvthecommbs�nemsorbvtheCour� naqo|nsd,theCountya pay_' _' The right of way acqUi5ition shall be in the fortn of Permanent Highway Easement, subject to review and approval ofthe County Right ofWay Agent- The County reserves the right toreview and approve the offers for right of way acquisition (for the CSAH 37 segment), prior to offers being made to la ndowners, a s these of fers would im pact f utu re Right of Way negotiations fo r the futu re CSAH 37project east toTHlO1. The Ci' �bthe sole owner of all retaining wall constructed under this project (if and is/will beresponsible andUaNefbraUaspectaofownership. This includes, but isnot limited to,. future maintenance and repair/replacement costs. ]. The County is the sole owner of the segment of CSAH 37 constrUcted in the City's project, including all centerline culverts and ditches located in the CSAH 37 right-of-way. KARight-of-WayPermit brequired for any/all City facilities (sewer, water, trail, etc,) that will be constructed within the CSAH 37 right-of-way (and the County will waive the permit fee). The City shaUpnepanaaPrelim Naryestimate ofoonstructioncost for the City p repared plaosfor the pnjec. The preUminarycost esdnneteohaUlden��both the Ob/sshare and County's shae0fcos for the project '—basedupnn\hisfund|ngagreemanL This preliminary construction cost estimate will bnattached tothis agreement and identified as Exhibit A (to be attached when completed by the City). it is intended that the work outlined above in Article Three is to be done by a contractor on a unit price basis through acontract duly let bvthe City. Atsuch umeasthe City awards acontract, the City will prepare a new est imate ofthe County's shareofthe conatruct|oncost based onthe unit prices b{dbvthe City's contractoc A copy of such revised cost estirnate will be forwarded to the County Highway Engineer. Article ThLee The City shall beresponsible for all field inspection ofmaterials (including required testing atintervals outlined in the latest W1nDOTMaterials Control Schedule, which must be included in the project proposal), quantities, and contractor performance Oncluding submittal of Change in Construction Status forms, and all other required forms, tohesubmitted to the k4nDOTDistrict 3 State Aid Engineer, with copies tothe County) for the road irnprovemnentp ' 'ect.Week\yConstructionDiaryformsshou|dbesubmitbadtotheCounty. There will be no inspection cost to the County, beyond the engineering reinibursennent as outlined in Article Two, Section 2(C), unless the County requests inspection services beyond the standard requirements and testing procedures for normal State Aid/Federal Aid funded projects. Article Four Upon award of the contract, the County's portion of the contract shall be computed based upon the contract unit bid prices. Upon receipt of written request from the City the County shall forward to the City, vv��h�n�O�a�50%oftheir portion ofthe cost. Upon no�cebvthe C�ythat the contract is 50% complete, the County shall forward anadditional 25%oftheir portion ofthe cost, Upon notice bythe City that the contract is 75% complete,, the County shall forward an additional 20% of their portion of the cost, and the remaining 5% upon completion ofthe work. Whenever it appears the cost of the COUnty participation construction covered under this Agreement is about to exceed the County"s portion of the contract,, the City shall notify the County Engineer in writing prior to performance oft e additional County cosi participation construction. Notification shall include an estimate in V14 the amoU11t of additional funds necessary to complete the County cost participation construction including engineering costs and reason(s) wiry the current arlIOLI nt encumbered will be exceeded. The County shall, upon its approval of the additional County cost participation construction, agree that this action will have the effect of annending this ,Agreement so as to include the County's share of the costs of the additional construction. Should the City cause the performance of additional contract construction which would otherwise qualify for County cost participation covered under this Agreement, but for which the County has not previoLrsly encumbered funds, that additional contract construction is done at the City's expense. hOL11d the City encounter hazardous materials, unsafe conditions, or Unexpected matters or subsr.rrface conditions within the County right-of-way, the City will inimediately contact the County, which shall be so ley responsible for removal, remediation, or abatement of the condition at no expense to the City (excluding the additional right-of-way for the City trail). If such above mentioned conditions are encountered during the cor.rrse of construction operations, then the normal protocol for unforeseen conditions identified in the latest edition of the MnDOT Standards for ConstrUction. shall apply. The City shall provide to the COUnty Engineer an as built plan of the roadway improvements, The as blailt plans shall he submitted to the COUnty within sic months of the final completion date of the project, The City shall keep records and accounts that enable it to provide the County with the following prior to final payment to the City by the County: Copies of the City contractor's invoice(s) covering all contract construction. . Copies of the endorsed and canceled City warrant(s) or check() paying for final contract construction, or {connputer documentation of the warrant(s) issued certified by an appropriate City official that final contruction contract payment has been made. . Copies of all construct on contract change orders and or- supplernentaI agreements, 4. Original signed easement() for any/all right-of-way acquisition necessary for the project. . A certification form signed by the City's Engineer in charge of the contract construction attesting to the following: a. Satisfactory performance and completion of all contract construction in accordance with County and Mate Aid approved City plans, specifications and/or special provisions. b. Acceptance and approval of all rnate ria l furnished for the County cost participation constrLICUorl covered under this Agreernetit relative to cornpIiarice of those materials to M nDOT's current edition of the "Standard Specifications for- Construction". c. Full payment by the City to its contractor for all contract construction. Article Five The County hereby grants the City an irrevocable right of entry and right of trespass onto the County right of way (for the segment of C ACI 37 in the project), whether recorded or prescriptive, to undertake the construction and related task set forth in this ,Agreement. The County lie reby verifies to the City that it has legal rights over the propet-ty+ necessary for construction, outside of the new right of way to be arcquired. Pale 16 Article Six The City shall be responsible for all snow and ice removaI on the B ike/Pedestrian Tr'alI and other boulevard related maintenance outside the curb or street area. The County shall be responsible for routine snow Ice maintenance within the curie to curb area sof the highway. Retaining walls (if needed) constructed as part of the project will become the property of the City. Future rnaintenance'repairs of the retaining walls shall be the responsibility and cost of the City. Tile City is the sole owner of the 131ke aedestrian Trail constrUcted under this project. Future nna ntenan a/repairs of the Bike/Pedestrian grail shall be the responsibility and cost of the City. Tile City small be responsible for coordinating any/all relocations of utilities required by locating the Bike/Pedestrian Trail within the C AIS 37 right-of-way; and responsible for any costs associated with any such utility relocations (legal and otherwise). Article Sever The City small indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City. The County+ shall i nde m nify, save and hold harmless the City and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution of performance of the work provided for herein to be performed by the County, Articil l It Is further agreed that any and all full-time employees of the County and all other employees of the County engaged in the performance by any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the City and that any and all claims that may or might arise under workmen's Compensation Act of the Mate of Minnesota on behalf of said employees while so engaged and any and all clahins 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 work or services provided to be rendered herein shall be the sole obligation and responsibility of the County. It is further agreed that any and all fu11-tirne employees of the City and all other employees of the City engaged in the performance by any work or services required or provided for herein to be performed by the City shall be considered employees of the City only and not of the County and that any and all ciaims that may or might arise under workmen's Compensation Act of the State of Minnesota on behaIf of saki ern ployees while so engaged and any and all claims made by any third parties as a consequence of any act or onni cion on the part of sari City employees which so engaged on any of the work or services provided t be rendered herein shall be the sole obligation and responsibility of the City. /iPage 17 �- s Article Nine Before this agreement shall become binding and effective it shall be approved by the City COLUlCil Of Otsego and it shall also be approved by the County Board and such other officers as law may provide. IN TESTIMONY WHEREOF the parties have d Lily executed this agreement by their duly authorized officers and caused their respective seals to be hereUnto affixed. COUNTY OF WRIGHT CITY OF OTSEGO RecommendedforApprova|: County Engineer APPROVED- Choir,County Board County Attorney County Coordinator Date Recommended for Approval: City Engineer, Otsego AppnnVrn- Mayor, City of Otsego City Attorney., City of Otsego City Administrator,, City of Otsego Page 18 �� w^� TY OF ot 1q MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT' REQUESTOR-. 'd 000000�1 MEETING DATE: Public Works Ron Wagner,. City Engineer April 8th 2013 PRESENTER(s): REVIEWED BY' ITEM #: Ron Wagner.. City Engineer Lori Johnson, City Administrator 4.2 B AGENDA ITEM DETAILS RECOMMENDATION Direction from Council requested. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BAC KG RO U N D/J U ST� F I CAT I ON: At the previous council meeting, council directed staff to proceed with the preliminary design of a round -about at the intersection of CSAH 37 and 701h Street. Staff has contacted an engineering firm familiar with round -about design and met with them on April 3 d . The Assistant Wright County Engineer, Chad Hausmen also attended the meeting. The meeting was not able to occur prior to that date due to the design engineer being on vacation. Preliminary design layouts are not available at the time of packet submission but will be available by the time of the Council meeting. Two round -about locations will be reviewed. One will be in alignment with current 7 Oth St and CSAH 37. The other will be centered close to the existing intersection of 70th St and CSAH 37. The most westerly driveway on 70th St may need minor to provide spacing away from the intersection. No other issues were deemed problematic and it appears to be a fairly straight forward design. Questions regarding the size and design of the round -about we asked, specifically in reference to the both the round -about south of Watertown on HWY 25 and the Monticello round -about. The size will likely not be as large as the round -about south of Watertown. The Monticello round -about was a Much earlier design and criteria for round -about design has changed significantly so any comparison to that round -about is not warranted. Again, due to the quick turnaround of approx. 1 %weeks, preliminary round -about designs will not be available until the council meeting. SUPPORTING DOCUMENTS: ATTACHED xNONE No attachments at this time; attachments will be handed out at the meeting. Motion: No motion necessary. Direction to staff to continue with round -about design. BUDGET INFORMATION FUNDING: BUDGETED: X YES County Reimbursement NO Municipal State Aid ACTION TAKEN Ei APPROVED AS REQUESTED n DENIED D TA13LED o OTHER (List changes) COMMENTS.