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HomeMy WebLinkAbout2 -Lake Elmo Cost Share Agree v2 Page 1 of 5 WASHINGTON COUNTY CONTRACT NO. 10144 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM SIGNATURE – END OF PROJECT COOPERATIVE AGREEMENT BETWEEN THE CITY OF LAKE ELMO AND WASHINGTON COUNTY FOR DESIGN AND CONSTRUCTION COST OF THE COUNTY STATE AID HIGHWAY 15 AND COUNTY STATE AID HIGHWAY 10 INTERSECTION THIS AGREEMENT, by and between the City of Lake Elmo, 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.” WITNESSETH: WHEREAS, the County intends to construct an improvement project on both County State Aid Highway (CSAH) 10 and County State Aid Highway (CSAH) 15 in the City of Lake Elmo, hereinafter referred to as the “Project”; and WHEREAS, items included in the construction contract require City cost participation in accordance with “Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”; and WHEREAS, the County desires to use State Aid, bonds and local 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 and shall consist of this agreement, Exhibit A (Location Map), Exhibit B (Engineer’s Estimate), and Exhibit C (Lake Elmo Cost Breakdown). B. PLANS AND SPECIFICATION PREPARATION 1. The County shall be responsible for the preparation of all the plans and specifications for the project, including but not limited to, compliance with all applicable standards and policies and obtaining all approvals required in formulating the bid specifications for all County and City components of this Project. 2. The following County project numbers have been assigned to the project: SAP 082-610-014 (CSAH 10) and SAP 082-615-031 (CSAH 15). C. RIGHT OF WAY AND EASEMENTS 1. The County shall acquire all permanent rights-of-way, permanent easements, and temporary slope easements and shall be responsible for all land related costs. 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. Page 2 of 5 D. ADVERTISEMENT AND AWARD OF CONTRACT After plans and specifications have been approved by the County, all permits and approvals obtained, and acquisition of necessary rights-of-way and easements, the County shall advertise for construction bids and at the sole discretion of the County award the contract to the lowest responsible bidder. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction administration, inspection, and for the observation and testing for all construction items. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS Items included in the project require City cost participation in accordance with “Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”, which is incorporated into this agreement by reference. The City’s cost participation is broken down into four categories which are: 1) Construction; 2) Design Engineering; 3) Construction Engineering/Contract Administration; 4) Right of Way. 1. Construction Construction costs include the cost to construct the project. The County has prepared a cost projection and cost splits hereto attached as Exhibits B and C. The total project cost for construction is estimated to be $5,089,761.40 as indicated in Exhibit B. The City shall pay to the County its share of the total cost as shown in Exhibit C and summarized in Table 1. After the County has awarded the construction contract, Exhibits B and C will be updated to reflect the actual contractor’s unit prices. 2. Design Engineering Design engineering costs include the cost for professional design engineering services, project coordination, preparation of plans and specification, stake holder engagement, geotechnical studies and other administrative functions necessary for the project. The City’s estimated cost share for design engineering is included in the costs for Construction Engineering and Contract Administration shown in Section F.3. 3. Construction Engineering/Contract Administration Construction Engineering/Contract Administration cost includes the cost of construction observation, construction testing, construction administration, staking, conducting and recording the pre-bid, pre-construction and weekly construction meetings, reviewing monthly pay estimates, labor compliance, and other administrative functions necessary for the project. The City’s estimated cost share for design engineering, construction engineering and contract administration is $121.00. 4. Right of Way Right of Way cost includes the cost of all permanent right-of-way, permanent utility and/or drainage easements, temporary easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, and condemnation commissioner costs. The estimated cost for right of way for the entire project is $22,960.69. The City shall pay 55 percent of the final right of way cost as summarized in Table 1. Page 3 of 5 Table 1 City of Lake Elmo Cost Summary ITEM COST 50% Estimated Construction $24,320.00 0.48% Pro-rata Items (Mobilization & Traffic Control) $960.00 Estimated Design Engineering, Construction Engineering and Contract Administration $121.00 55% Estimated Right of Way $12,628.38 TOTAL ESTIMATED COST $38,029.38 5. The costs attributable to the City and payable to the County in section F are merely estimated costs. Actual construction costs will be based on the contractor's unit prices and quantities, and a reconciliation of actual costs to the estimated costs will be made pursuant to section G.1 of this agreement. Actual costs associated with design engineering, construction engineering/contract administration, and right of way shall be determined at the end of the project. G. PAYMENT 1. Construction a. After the County has awarded the construction contract, Exhibit B and Exhibit C will be updated to reflect the actual contractor’s unit prices and will submit a copy of the revised summary to the City. Upon receipt of the revised summary and invoice, the City shall pay Washington County an amount equal to 10 percent of the City's estimated construction cost. b. During construction the County shall submit to the City an estimated cost of the partial work performed by the Contractor. Upon receipt of this estimated cost, the City shall pay to the County its share of the cost of the partial work performed as determined in Section F of this Agreement. c. Upon substantial completion of the work the County shall prepare a final cost participation summary which will be based upon the contract unit prices and the actual units of work performed and shall submit a copy of this summary to the City. The County shall submit to the City a final reconciliation of costs, which will add or subtract contract amendments to the City’s Project components; adjustments for liquidated damages pursuant to Section I. and previous Project cost payments made by the City to the County. If the amount of the total of the payments made by the City pursuant to Section G.1 is less than the actual cost to the City of its portion of the Project, the City agrees to pay the difference between the estimated amount paid by the City and the actual cost of the City’s portion of the project. 2. Costs associated with design engineering, construction engineering/contract administration, and right of way shall be invoiced by the County and paid by the City on a reimbursable basis. 3. In the event that the City paid more in advance than the actual cost of the City’s portion of the project, the County shall refund without interest the amount to the City. 4. The City shall pay 100 percent of an invoice amount within 30 days of receipt. H. CONTRACT CHANGES 1. Any modifications or additions to the final approved plans and/or specifications of the City’s portion of the project shall be made part of the construction contract through a written amendment to the construction contract, but only after concurrence by the City Engineer, and the cost for such changes shall be appropriated as set forth in Section F of this Agreement. Page 4 of 5 2. Any utility or facility which is subsequently modified or added to the final approved plans and/or specifications shall become part of the construction contract and shall be paid for in accordance with the County Cost Participation Policy as summarized in Section F of this Agreement. I. 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. J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. K. 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. L. 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. M. 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 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. 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 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. 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 1a and that the total liability for the parties shall not exceed Page 5 of 5 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 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. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF LAKE ELMO Chair Date Mayor Date Board of Commissioners Molly O’Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date