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ITEM 4.1B AgreementCITY OF 0 :5 07 t e 0 MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ........ ........... .... ... ... _ . _.n._........ .... .......................... ..... N.. _..._ w..._ ._ ..__ ..... _ _ ....... ORIGINATING DEPARTMENT: I EQUE T R: MEETING DATE: Public Works Ron Wagner, City Engineer May �h. 2013 P E ENTEI s): REVIEWED BY. ITEM ##: Ston Wagner,, City Engineer Lori Johnson, City Administrator 4.1 B Ander MacArthur, City Atto rney AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends entering into a Cooperative Agreement with Wright County for the improvement f C ACI 37 from al wood Avenue to Odean Avenue. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HFJ\RIHG REQUIRE D7 Yes Na BACKG R 0 U N D!J U ST I F I CAT I ON: The staffs of bath the City of Otsego and Wright County have been working on a cooperative agreement since the March of this year. The City and County bath have projects funded partially by Federal Money from MNDOT Region 7111. The projects overlap from Odeon Avenue to Oakwood Avenue. To eliminate duplication of efforts and for best use of tax payers' money, staff from both the County and the City have determined it makes sense for the City to construct that portion in conjunction with the City project This will eliminate the need for two construction gears (2014 and 2017) in this area, The County will pair for the grading of the bike path that they would not pair for if the projects were separated. Also the funding agreement deviates from the County's policy of City participation to for C ACI 37 improvements. couple versions of the cooperative agreement have been presented to the City Council. City Council did not agree with some of the language and cost participation amounts and directed city staff to meet with Counter staff and the City's County Commissioner Mark Daleiden. City staff met with the County Engineer, Assistant County Engineer, and County Commissioner Mar Dal 'rden on Friday the 17th f May. Staff relayed the Council's requested changes to the agreement and discussed wars to achieve the Council's goals. it was a productive meeting and concerns were discussed and compromises obtained. The following changes were made: 1 The funding Participation Chart on Page 3 was changed. a Roundabout maintenance including curb and gutter, signage, Center Island, snow ice control, etc. is now 100% the Counter's responsibility. Each leg or throat is the responsibility of the County for C AFH 37 and City for 701h St. b Roundabout Construction is County and City. 2) Mote 2,A, was unchanged. The County/City cost split for construction will be determined based on contributing flow areas which is consistent with County policy and State Aid requirements. This cost sharing mut follow State Aid requirements; the City and Counter are not allowed t deviate from that policy. Storm water maintenance remains the City's responsibility. Wright Counter staff and commissioner stated this is consistent with their existing policy. The County is proposing changes to the existing funding policy in the rear future and the City will be invited t make comments regarding the new policy. The storm sewer proposed for this project is minimal al and it is not anticipated to require significant additional work or funds from the City in the future. For comparison purposes, CAH 37 storm severer just south of the Odean Avenue intersection has the same criteria and the City has not expended any work or funds since 1996. 3) The County agreed to add to mote 2.H, a) "at its sole discretion" meaning the City will determine if any retaining wails are required. 4The County agreed to add the language on page a "Should the County cause the performance of additional contract construction, whether or not the County has previously encumbered funds that additional contract construction is done at the Counter's expense." SUPPORTING TIN DOCUMENTS: X ATTACHED NONE Letter to Council from Virgil Hawkins, Counter Engineer Cooperative Agreement -- May 1 , 2013 Motion: Motion for the City of Otsego to enter into a Cooperative Agreement with Upright Counter regarding CSAH 37 from Oakwood Avenue to Odean Avenue. BUDGET INFORMATION FUNDING: i BUDGETED: X YES Federal Aid ao State Aid CounterReimbursement ACTIO! TREE! 1 1,111116111 1,1 1, G ❑ APPROVED D A REQUESTED DENIED TABLED ❑ OTHER (List changes) COMMENTS: Otsego Mayor & City Council Otsego City Hall 13400 q0th Street NE Otsego, SIN 55330 R * Funding Participation & Construction Agreement (No, 13-52) F70thStreet & CSAR# 37 Improvements Honorable Mayor and City Council Members: We are writ 1ng to you because we have enclosed two (2) originals of the revised Funding Partl ipation & Constru ction Agreement Talo, 13-52, for your approval. The agreement has been revised based on comments and input fro in City staff, conveyed to us ata meetIng last Friday, May 171h at Otsego City Dail. We are pleased that vire have been able to meet with the City and come to a mutually agreeable scope of work by each agency that will provide benefit to the City, the County, and is also in the best interest of the taxpayers. As you are likely aware, this agreement was created due to the coordination efforts of the City Engineer and the County Highway Department in an effort to eliminate duplication and the potential that some of the work the City is planning in 2014 might have to be re -done in 2017 with the County project. This collaborative effort benefits all in the following gays: 1. Eliminates the potentlaI for changes to the City trail (as the City trail extends to Odean Avenue with the City's project 'In 2014) when the County project to re -build bigb ray 37 would begin in 2017. 2. Eliminates the likely -hoed that the intersection of 70th c CSAH 37 would have to be rebuilt in 2017 with the County project (shortly after the City project would have made improvements to the intersection in 2014). . Due to the willingness of the two agencies to collaborate on a logical termini point ( dean Avenue) for the City - project, that in lUdes a roundabout, the funding agreement prepared deviates from the ounty�s policy of 20% City participation to 0 for the CSAH 37 improvements, and the City further benefits by the grading for the City trail being covered under County cost. We are excited to move forward with these important transportation projects in a collaborative manner with the City and look forward to their successful completion. Please call me at 763-682-7388 if you have any questions or require further Information, Z cerely, Z4Ae Virgil G. Hawkins, P.E. County Highway Engineer Enclosures; Two () copies of Agreement No. 13-52 cc: Mark Dal ! elden, County Commissioner District Chad Hausmann, Assistant County Engineer - Cori Johnson, City of Otsego Administrator Project Fire .equalpp r nitij lAffirmative Actium Employer WRIGHT COUNTY DEPARTMENT O VIRGIL G. HAMUNS, P.. 63 8 z rE CHAD D. HAUSATANN9 P.E. Wrightto County Public Worksui(din Assistant Highway Engineer it- IV 1901 HighwaV 26 North (763) 682-7387 14 q fa to j MN 5531 7866 NARK A. JOHNSON Jot. T.H. 25 and C.R. 138 fght}of-Wa Agora ( 7'63) 682-7386 Telephone: 1763) 682-7383 `AX. 1763) 68Z7313 May 20, 2013 Otsego Mayor & City Council Otsego City Hall 13400 q0th Street NE Otsego, SIN 55330 R * Funding Participation & Construction Agreement (No, 13-52) F70thStreet & CSAR# 37 Improvements Honorable Mayor and City Council Members: We are writ 1ng to you because we have enclosed two (2) originals of the revised Funding Partl ipation & Constru ction Agreement Talo, 13-52, for your approval. The agreement has been revised based on comments and input fro in City staff, conveyed to us ata meetIng last Friday, May 171h at Otsego City Dail. We are pleased that vire have been able to meet with the City and come to a mutually agreeable scope of work by each agency that will provide benefit to the City, the County, and is also in the best interest of the taxpayers. As you are likely aware, this agreement was created due to the coordination efforts of the City Engineer and the County Highway Department in an effort to eliminate duplication and the potential that some of the work the City is planning in 2014 might have to be re -done in 2017 with the County project. This collaborative effort benefits all in the following gays: 1. Eliminates the potentlaI for changes to the City trail (as the City trail extends to Odean Avenue with the City's project 'In 2014) when the County project to re -build bigb ray 37 would begin in 2017. 2. Eliminates the likely -hoed that the intersection of 70th c CSAH 37 would have to be rebuilt in 2017 with the County project (shortly after the City project would have made improvements to the intersection in 2014). . Due to the willingness of the two agencies to collaborate on a logical termini point ( dean Avenue) for the City - project, that in lUdes a roundabout, the funding agreement prepared deviates from the ounty�s policy of 20% City participation to 0 for the CSAH 37 improvements, and the City further benefits by the grading for the City trail being covered under County cost. We are excited to move forward with these important transportation projects in a collaborative manner with the City and look forward to their successful completion. Please call me at 763-682-7388 if you have any questions or require further Information, Z cerely, Z4Ae Virgil G. Hawkins, P.E. County Highway Engineer Enclosures; Two () copies of Agreement No. 13-52 cc: Mark Dal ! elden, County Commissioner District Chad Hausmann, Assistant County Engineer - Cori Johnson, City of Otsego Administrator Project Fire .equalpp r nitij lAffirmative Actium Employer AGREEMENT NO. 13--52 WRIGHT COUNTY DEPARTMENT T F HIGHWAYS FUNDING PARTICIPATION IPA►TI AND CONSTRUCTION AGREEMENT BETWEEN THE COUNTY OF WRIGHT and THE CITY OF OTSEGO For CONSTRUCTION OF IMPROVEMENTS FOR: 70 Street & CSAH 37 SP 217-112-002 SP 086-637-033 RECONSTRUCTION AND BIKE/PEDESTRIAN TRAIL IMPROVEMENTS (From the intersection of 70'h Street to east of Odean Avenue !E in Otsego) May 17, 2013 Page I 1 COOPERATIVE ATIVE A IEE IE IT THIS AGREEMENT.. T.. made and entered into by and between the County of Wright,. Minnesota, acting by and through its 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 "City". WITNESS TO: WHEREAS, the City of Otsego has received federal funding for the improvement of 70th Street, from Lambert Avenue to Odean Avenue NE, to be constructed in FY 2016, and WHEREAS, the City of Otsego intends to construct and forward fund the improvement of 70th Street from Lambert Avenue to Odean Avenue NE in 2014, and WH EREAS, the County of Wright has recurred federal fu tiding for the improv rnent of CSAH 37, from Oakwood Avenue to Trunk Highway (TH) 101, to be constructed in FY 2017, and WHEREAS, the Cityand Counter have mutually agreed that it is in the best interest of the public that the City's 7Otr'Street project include reconstructing a segment of CSAH 37 (from the intersectio of t"Street CSAH 37 to just east of Odean AvenueE), and 11HEREAS, plans and specifications will be prepared by the City for the impro er ent of loth Street in Otsego, and said construction plans aro designated as SP 217-112-002. The project includes, but is not limited to, pavement removal and replacement, highway construction, highway drainage construction, city traii constru CUOr1, uttiiity Improvements, and other m 1 sce Ilan eo us improvements within the corporate limits of Otsego, and WHEREAS, a Cooperative Agreement between the County and the City outlines the responsibilities and Finan ds I comrnitments for the segm ent of CSAH that wiil be included in the City's 70th Street project. NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: Article One The City shall constructor cause to be constructed a project meeting state aid standards and federal aid standards of highway construction, utility, drainage, and other miscellaneous improvements upon oralong CSAH 37 within the City limits in accordance with the approved plans and specifications as prepared by the City, and on file at the office of the County Engineer. The City of Otsego consultant Project Engineer shell be responsible for preparing all paperwork necessary to complete the project using the Delegated Contract Process DC for federally fu n d e d protects, This includes sending al necessary forms to the appropriate MnDOT office(s), in accordance with the latest version of the DCP checklist (http: wwwtdot.state.mn. s t t id Pro Deliv p DCP HEC LIST. 2 11.pdf). The project must b constructed in accordance with federal and state aid requirements, including testing to accordance with the latest edition as of date of bid opening) of the inDOT Schedule of Materials Control (http://www. d ot. state.rn n. u s m ate rials ]ab.htm1), The County Engineer shall be copied on ell correspondence seat by the City of Otsego Project Engineer to MnDOT. Page 12 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 amount that the County will reimburse the City in accordance with the following funding participation schedule: 1. CSAH 37 Segment of the 70h Street Improvements — SP 217--112-002. This participation is based on the fact that the Counter would have been constructing the segment of CSAH B (that will be included in the City's 70th Street Project) in 2017, and it is in the public's best interest to include that segment in the City's project in 2014. Fund iPa rticipation (CSAH 37 Segment of Project). County Grading Removals 10 o Turf Establishment 1001 0 Bituminous Pavement l00% o Bice/Pedestrian Trail o (E) 10E Roundabout Maintenance (Curb & Gutter, Signing, o o Center Island, Snow & Ice Control) —riot incl. throats Roundabout Construction (including throats & curb) % 3 Driveway Restoration toration Agg., Bit, Conc., etc.) 100% Retaining Walls (if deeded for trail) % 100% Right -of -Way — Roundabout (Permanent & Temporary) (G) 33%(*G) Right -of -Way w- City Trail (Permanent & Temporary) o *) 1.00 * ) Right -of -Way — High ay (Permanent & Temporary) 100 o G) Permanent Street Light! ng (Roundabout) Storm Severer A) A City Owned Utility Wort (Sanitary, J terrnain W if applicable) *B) 100%(* B Signing/Striping l00% o Engineering Services(*0 (*C) Mobilization and Traffic Control D (*D) Wetland Mitigation E) ) (*) See Notes Page 13 2. MOTES: A. If there is anystorm sewer included in the project, the State Aid Hydraulics Engineer will determine in accordance with State Aid Standards) the County/City cost split for storm serer costs, bas '.d on contributing areas of flog. The County will corer costs that are determined by the State to be State Aid eligible (for the segment of the project along CSAH 37). Upon completion of the project, the City of Otsego will maintain the storm sever system along CSAH 37 if any)., provided, however, that this paragraph shall not commit the City to replacing or relocating any portion of said storm serer jade necessary as- a result of a future re constru tion of CSAH 37 (excluding highway culverts and drive +'ay culverts), B. Sanitary Server and/or w tern ain improvements, including -all adjustments of castings and/or gate valves, will he at no cost to the County. C. The City gill provide engineering services for surveying, design, construction, construction inspection/testing, a nd a d m lin ist ratio n of the project, The County gill riot partUpate ire any engineering costs incurred by the City that are accessary for the City to assess their portion of the project costs (Feasibility Studies, hearings, legal expenses, etc.). The County will reimburse the City for engineering services for the County's portion of the project based upon the following table. The final reli bursement will be coMpLIt d using the appropriate below times the County's portion only of the final actual contract construction cost. From o thru $100,000 up to 1 of ounty"s Portion Over 100 o thru 250,,000 up to 1 of County's Portion Over 250,000 thru 500,000 up to 1 of County's Portion Over 500.tOOO thru Indefinite up to 10 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 construction costs. Traffic Control costs shall be bid as two separate pay items for the City work and the County portion of the work (since some of the City work is brand neer alignment). E. The City is the sole owner of the Bike/Pedestrian Trail constructed under this project and is iil be responsible and liable for all aspects of ownership. This includes, but is not limited to, future maintenance and repair/replacement costs. F. The City will be responsible for wetland mitigation costs associated with impacts due to the trail/sIdewalk improvements. G. The City shall be responsible for acquiring all R/W required for the project. This includes, as required by the County Engineer, preparation of a g ! plat its accordance with the County Surveyor's Standards and easement language approved by the County Surveyor"s office (for the CSAH 37 segment). The City will be responsible for initial payment of all W acquisition costs, and the County gill reirnburse to the City those costs associated with the segment of CSAH 3 7 (from the intersection of 70t" Street) to the eastern limits of the project (odean Avenue area), with the exception of the W for the trail (City cost). The costs to be reimbursed by the County include all typi caI right of way acquisition e cpense (certified appraisals, rev! e r appraisaIs, w 1Mess fees, court ordered commissioner hearings, court ordered mediation, condemnation, and legal costs) included in the acquisition of County State Aid Highway 37 right of way. In an event that condemnation is required, the County shall pay any final award as determined by the commissioners or by the Court. Page 14 The right of way acquisition shall be in the fora of Permanent Highway Easement, subject to review and arpprovaI of the County Right of Way Agent. The County reserves the right to review and approve the offers for right of way acquils}tion (for the CSAIS 3 7 segment), prior to offers being made to landowners, as these offers would impact future Right of way negotiations for the future CSAH 7 project east to TH 1016 H. The City is the sole owner of all retaining wall constructed under this project (if needed) and is/will be responsible and liable for all aspects of ownership. This includes, but is not limited to, future maintenance and repair/replacement costs. The City will determine, at its sole discretion, whether or not retaining walls are required (in ccordance with County & State AidStandards). 1. The County is the sale owner oftine segment of CSAH 37 constructed in theCity's project, including all centerline culverts and ditches located in the CSAH 37 right-of-way. J. A Dight -of -Way PerrnIt is required for a ny11 City facilities (sewer, water, trari1, etc.) that will b cornstructed witinin the CSAH 37 right -of -wary (and the Cou my will waive the permit fee). K. All urtIIity co nstrurction w1thin the project limits shall he subie tto the City Right- f -W yordtnan e, The City shall prepare a preliminary estimate of construction cost for the City prepared pians for the project. The preliminary cost estimate shall identify both the City's share andCounty's share of cost for the project based upon this funding agreement. This preliminary it ary construction cost estimate will he attached to this agreement and 1derntified a s Exhibit A (to be attached when completed by the City). It is intended that the work outlined above in Article Three is to be alone by contractor on a unit price basis through a contract duly let by the City. At such time as the City awards a contract, the City will prepare a new estimate of the County's. snare of the co nstrurction cost barse d on the unit prices bid by tine City's contractor. A copy of such revised cost estimate will be forwarded to the County Highway Engineer. Article Three The City shall be responsible for all field inspection of materials (Including required testing at intervals outlined in the latest i nD T Materials Control Schedule, which must be included in the project proposal), quantities, and contractor performance (Including submittal of Change in Construction Status forms, and all other required forms, to be submitted to the MnDT District 3 State Aid- Engineer, with copies to theCounty) for the road improvement project. weekly Construction Diary forms should be submitted to the County. There will be no inspection cost to the County., beyond the engineering reimbursement ent ars 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, within 30 days, 0 of their portion of the cost, Upon notice by the City that the contract is 50% complete, the County shall forward an additional 25% of their portion of the cost. Upon notice by the City that the contract is 7 compete, the County shall forward an additional 0 of their portion of the cost, and the remaining upon completion of the work. Whenever it appears the cost of the County participation construction covered under this Agreement Is about t exceed the ounty(s portion of the ntra t, the City shall notify the County Engineer in writing prig to Page 15 performance of the additional County cost pa r}ti ipation construction. l lotificatlon shaII 'Incl de an e stlnnate in the amount of additional funds necessary to complete the County cast participation construction including engineering costs and reason(s) why the current amount 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 amending this Agreement so as to include the County's share of the costs of the additional construction. Should the City cause the performance an of additional contract construction which would otherwise qualify for County cost participation covered under this Agreement, but for which the Counter has not previously encumbered funds, that additional contract construction is done at the City's expense. Should the County cause the performance of ray additional contract construction, whether or not the County has previouslyencumbered funds, that additional contract construction is alone at the County"s expense. Should the City encounter hazardous materials, unsafe conditions, or unexpected matters or subsurface conditions vitlnin the County right-of-way, the City will imrnedfate ly contact the County, whi h shall be soley 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 course of construction operations, thea the normal protocol for unforeseen conditions identified in the latest edition of the 11nDT Standards for Construction shall apply. The City shall provide to the County Engineer an as built plan of the roadway improvements. The as built plans shall be submitted to the County within six months of the final completion date of the project. The Cityshall keep records and accounts that enable it to provide the County with the following priorto final payrnent to the City by the County: 1. Copies of tine City contractor's invoices) cove r1ng all contract con trut tion. . Copies of the endorsed and canceled City warrant(s)) or check(s) paying for final contract construction, or computer documentation of the warrant(s) 'Issued certified by an appropriate City official that final construction contract payment has been made. . Copies of all construction contract change orders and/or supplemental agreements. . 0 rig! naI signed easement s for any/all right-of-way acquisition necessary for the project. . A certification farm 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 State Aid approved City plans, specifications and or special provisions. b. Acceptance and approval of all materials furnished for the County cost participation construction covered under this Agreement relative to compliance of those materials to Mn T's current edition of the "{Standard 5pecifxcatlons for Construction". c. Full payment by the City to its contractor for all contract construction. Page 16 Art [ � e � 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 CSAH 37 in the project), whether recorded or prescriptive, to undertake the construction and related tasks set forth In this Agreement. The County hereby verifies to the City that it has legal rights ever the property necessary for construction, 0Lltside of the n ew right of way to be acquired. Article Six The Cityshall be responsible for all snow and ice removal on the Bike/Pedestrian Trall and other boulevard related maintenance outside the curb or street area, The County shall be responsible for routine snow icemaintenance rithin the right-of-way of the highway (riot including the trail). Retaining galls if needed) constructed as part of the project will become the property of the City. Future maintenance repairs of the retaining walls shall be the responsibility and cost ofthe City. The City Is the sole owner fthe Bike/Pedestrian Trail constructed under this project. Futuro maintenance/repairs of the Bike/Pedestrian Trail shall be the responsibility and cost of the City. The City shall be responsible for coordinating any/all relocations of utilities re q aired by locating the B II /Pedestrian Frail within the CSA H 3 7 right-of-way; a rid responsible for any costs associated with any such utility relocations (legal and otherwise). Article Severn The City shall indemnify, sage 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 f or by reason of the execution or performance of the work provided for herein to be performed by the City. The County shall indemnify, save and hold harmless the City and a I I 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. Artil[ht It is further agreed that any and all full-time employees of the County and all other employees of the County engaged to the performance by any workor 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 right arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees chile 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 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 full-time 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 consideredemployees ofthe City only and not ofthe County and that any and all claims that may or night arise underWorkmen'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 which so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the City. Page 17 Article fire Before this agreement shall become binding and effective it shall be approved by the City Council of Otsego and It shall also be approved by the County Board and such other officers as lair may provide. IN TESTIMONY WHEREOF the parties have duly executed this agreement t y their duly authorized e€fieers a nd caused their res p e ctive seals to be hereunto a ffixe d. COUNTY of WRIGHT Recommended for Approval; County Engineer PIED: Chair,, County Board County Attorney County Coordinaor Date CITY OF OT EGO Reeor rrded for Appro 1: City Engineer, Otsego APPROVED: Mayor,, City of Otsego City Attorney, City of Otsego City Ad rn 1nistrato r, City of Otsego Date Page 18