HomeMy WebLinkAbout#11 City Cost Share Agree_track changes Page 1 of 8
WASHINGTON COUNTY
CONTRACT NO. 10196
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM SIGNATURE - COMPLETION
COOPERATIVE AGREEMENT BETWEEN THE CITY OF
LAKE ELMO AND WASHINGTON COUNTY FOR RIGHT OF WAY,
PRELIMINARY DESIGN, FINAL DESIGN, CONSTRUCTION
INSPECTION/ADMINISTRATION AND CONSTRUCTION COSTS
FOR COUNTY STATE AID HIGHWAY (CSAH) 17COUNTY STATE
AID HIGHWAY (CSAH 17) PHASES I & II
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”, shall consist of this agreement, Exhibit A (Project Location
Map), Exhibit B (Phase 1 Costs), and Exhibit C (Phase 2 Costs), “Washington County Cost
Participation Policy #8001 for Cooperative Highway Improvement Projects” which is incorporated into
this agreement by reference..
WITNESSETH:
WHEREAS, the County intends to reconstructed in 2015, as Phase 1 of this project, a portion of the
City streets; Upper 33rd Street North, 36th Street North, and Laverne Avenue in downtown Lake Elmo as
shown on Exhibit A; and
WHEREAS, the County intends to reconstruct in 2016, as Phase 2 of this project, CSAH 17 (Lake Elmo
Avenue) from Trunk Highway (TH) 5County State Aid Highway 14 (Old Trunk Highway 5) to 30th Street
and a portion of 30th Street North, 36th Street west of CSAH 17, 35th Street west of CSAH 17, and 34th
Street west of CSAH 17 in the downtown Lake Elmo as shown on Exhibit A; and
WHEREAS, the right of way, preliminary design, final design, construction inspection/administration
and construction cost estimates for Phase 1 have been prepared by the County and the City will
participate in these costs as summarized in Section F of this cooperative agreement; and
WHEREAS, the right of way, preliminary design, final design, construction inspection/administration
and construction cost estimates for Phase 2 has been prepared by the County and the City will
participate in these costs as summarized in Section F of this cooperative agreement; and
WHEREAS, the City desires to use local and state aid funds for these improvements, the State Aid
Project number for Laverne Ave is SAP 201-106-001, the City Project number for 36th Street is 2014-
137, the State Aid Project number for 30th Street is SAP 206-108-002; and
WHEREAS, the County desires to use local and state aid funds for these improvements, the State Aid
Project number for CSAH 17 (Lake Elmo Avenue) is SAP 082-617-007, and 082-617-013; and
WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the
right of way acquisition, preliminary and final design, construction inspection/administration and
construction cost; 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
1. 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.
Page 2 of 8
2. The Parties agree that his Agreement No. 10196contract terminates and supersedes
Cooperative Agreement No. 9660 between the Parties, dated June 23, 2015 which superseded
and terminated Cooperative Agreement No. 9155 between the Parties, dated December 16,
2014.
B. PLANS AND SPECIFICATION PREPARATION
The County ’s contracted consultant 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 all components of this project.
C. RIGHT OF WAY AND EASEMENTS
1. The County shall acquire all permanent right-of-way, permanent easements, and temporary
construction easements. All permanent rights-of-way, permanent easements, and temporary
construction easements will be acquired in the name of the County.
2. Any rights-of-way, permanent easements, and temporary construction easements that cannot
be obtained through negotiation will be acquired by the County through eminent domain
proceedings.
3. Upon completion of the project, title to permanent right-of-way for and adjacent to City streets
and permanent easements for storm water storage and water quality treatment within the City
will be conveyed to the City.
D. ADVERTISEMENT AND AWARD OF CONTRACT
1. After plans and specifications for all components of this project have been approved, all permits
and approvals have been obtained, and any necessary rights-of-way and easements have been
acquired, the County shall advertise for construction bids or quotes.
2. Once bids are received, the City will be given the opportunity to review and evaluate the bid and
provide City Council concurrence on the approval of the bids. Once City concurrence is
provided, the County shall award the contract to the lowest responsible bidder.
E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING
1. Construction administration, inspection, observation, and testing for the project will be
performed by the County’s contracted consultant. and will be paid for under the construction
inspection/administration contract.
F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS
1. The estimated cost participation breakdown is in accordance with “Washington County
Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”, which is
incorporated into this agreement by reference. the REVISED DRAFT “Cost Participation Policy
for Projects Constructed in Washington County Using State Aid Funds or Local Tax Levy
Dollars” dated September 30, 2014.
RIGHT OF WAY & EASEMENTS
2.1. The City shall pay to the County 100 percent of the cost of all permanent right-of-way,
permanent utility and/or drainage easements, temporary slope easements, title work costs,
appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner costs,
and all pertinent acquisition costs necessary for roadway, utility, and drainage construction work
Formatted: Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.25" + Indentat: 0.5"
Formatted: Indent: Left: 0.5", No bullets ornumbering
Page 3 of 8
on 30th Street North, Upper 33rd Street North, 35th Street North, 36th Street North, and Laverne
Avenue.
3. The City shall pay to the County 50 percent of the cost of all permanent right-of-way, permanent
utility and/or drainage easements, temporary slope easements, title work costs, appraisal costs,
relocation specialist costs, relocation costs, condemnation commissioner costs, and all pertinent
acquisition costs necessary for construction work on the regional drainage pond.
2.
4.3. The City shall pay to the County 55 percent of the cost of all permanent right-of-way,
permanent utility and/or drainage easements, temporary construction easements, title work
costs, appraisal costs, relocation specialist costs, relocation costs, condemnation commissioner
costs, and all pertinent acquisition costs necessary for roadway, utility, and drainage
construction work along CSAH 17 (Lake Elmo Avenue), from 30th Street North to CSAH 14MN
Highway 5.
5.4. Actual right of way costs shall be determined at the conclusion of the acquisition
process. The City shall be responsible to pay for the actual costs of the aforementioned
acquisition costs. The final costs for construction will be based on actual unit prices and
quantities used on each phase. in accordance with this agreement.
DESIGN, CONSTRUCTION INSPECTION/ADMINISTRATION SERVICES, &
CONSTRUCTION COSTS
6.1. The City shall pay the County 91.2 percent of the cost invoiced to the County from the
County’s consultant for PRELIMINARY DESIGN of Phase 1 of the project. The City shall pay
the County 65.656.1 percent of the cost invoiced to the County from the County’s consultant for
PRELIMINARY DESIGN of Phase 2 of the project.
7.2. The City shall pay the County 91.2 percent of the cost invoiced to the County from the
County’s consultant for FINAL DESIGN of Phase 1 of the project. The City shall pay the County
65.656.1 percent of the cost invoiced to the County from the County’s consultant for FINAL
DESIGN of Phase 2 of the project.
8.3. The City shall pay the County 91.2 percent of the cost invoiced to the County from the
County’s consultant for the CONSTRUCTION INSPECTION/ADMINISTRATION of Phase 1 of
the project. The City shall pay the County 65.656.1 percent of the cost invoiced to the County
from the County’s consultant for the CONSTRUCTION INSPECTION/ADMINISTRATION of
Phase 2 of the project.
4. The City shall pay the County an estimated 91.2 percent of the CONSTRUCTION COSTS for
Phase 1 of the project as shown in Exhibit B. The City shall pay the County an estimated
65.656.1 percent of the CONSTRUCTION COSTS for Phase 2 of the project as shown in
Exhibit C. These percentages are subject to change based on actual construction costs. A Total
Cost Summary is presented on Table 1.
9.5. The final costs for construction will be based on actual unit prices and quantities used on
each phase.
Formatted: Superscript
Formatted: Font: (Default) Arial, 11 pt
Formatted: Normal, Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5", Don't hyphenate
Formatted: Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.25" + Indentat: 0.5"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
Formatted: Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.25" + Indentat: 0.5"
Formatted: Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indentat: 0.5"
Formatted: List Paragraph, No bullets ornumbering, Hyphenate
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5", Keep with next
Page 4 of 8
TABLE 1 – TOTAL COST SUMMARY
PHASE 1 COUNTY COST
ESTIMATE
CITY COST
ESTIMATE
TOTAL COST
ESTIMATE
Right-of-Way and Easements
Upper 33rd St. N, 36th St. N., and
Laverne Ave (100% City Cost) N/AN/A $91,902.00$80,693
.00
$91,902.00$80,693
.00
Regional Drainage Pond (50% City Cost) $577,095.00$217,037.00 $577,095.00$217,037.00 $1,154,190.00$434,074.00
Preliminary Design (91.2% City Cost) $11,844.00$11,8
44.00
$119,756.00$119,7
56.00
$131,600.00$131,6
00.00
Final Design (91.2% City Cost) $21,011.00$21,0
11.00
$212,449.00$212,4
48.00
$233,460.00$233,4
60.00
MultiVista Photos $5,960.00 N/A $5,960.00
Precondition Survey (91.2% City Cost) $2,388.00 $24,745.00 $27,133.00
Construction Inspection/ Administration (91.2% City Cost)Construction
Inspection/ Administration (91.2% City
Cost)
$26,568.00$26,5
68.00
$268,632.00$268,6
32.00
$295,200.00$295,2
00.00
Construction (est. 91.2% City
Cost)Construction (91.2% City Cost)
$406,266.00$394
,976.00
$4,262,335.00$4,0
54,523.00
$4,668,601.00$4,4
49,499.00
Phase 1 Total CostsPhase 1 Total
Costs
$1,051,132.00$6
71,436.00
$5,556,914.00$4,9
53,090.00
$6,608,046.00$5,6
24,526.00
PHASE 2 COUNTY COST
ESTIMATE
CITY COST
ESTIMATE
TOTAL COST
ESTIMATE
Right-of-Way and Easements
CSAH 17 ( Lake Elmo Ave)
(55% City Cost)
$128,142.00$128
,142.00
$156,618.00$156,6
18.00
$284,760.00$284,7
60.00
30th St. N. (100% City Cost) N/AN/A $147,550.00$147,5
50.00
$147,550.00$147,5
50.00
35th St. N. & 36th St N. (100% City Cost) N/A $55,000.00 $55,000.00
Preliminary Design (56.1% City
Cost)Preliminary Design (65.6% City
Cost)
$83,147.00$65,1
54.00
$106,253.00$124,2
46.00
$189,400.00$189,4
00.00
Final Design (56.1% City Cost)Final
Design (65.6% City Cost)
$202,379.00$119
,368.00
$258,621.00$227,6
32.00
$461,000.00$347,0
00.00
Precondition Survey Estimated
CostConstruction Inspection/
Administration (65.6% City Cost)
$17,173.00$67,0
80.00
$10,000.00$127,92
0.00
$27,173.00$195,00
0.00
Construction Inspection/ Administration
(56.1% City Cost)Construction (65.6%
City Cost)
$253,830.00$1,5
86,027.00
$324,370.00$3,037
,394.00
$578,200.00$4,623
,421.00
Construction (est. 56.1% City Cost) $2,703,607.00 $3,458,439.00 $6,162,046.00
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Left
Page 5 of 8
% Construction Contingency
(est. 56.1% City Cost) $189,252.00 $242,091.00 $431,343.00
Phase 2 Total Costs $3,577,530.00$1,
965,771.00
$4,758,942.00$3,8
21,360.00
$8,336,472.00$5,7
87,131.00
Total Project Costs $4,628,662.00$2,
637,207.00
$10,315,856.00$8,
774,450.00
$14,944,518.00$11
,411,657.00
G. PAYMENT
1. After the County has awarded the construction contract for Phase 2, 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.
1. Right of way, preliminary design, final design, construction inspection/administration and
construction costs for the City’s cost share of Phase 1 and 2 projects shall be invoiced by the
County to the City with no interest. The payment due dates are presented on Table 2.
2.
TABLE 2 – PAYMENT DUE DATES
Date Percentage Estimated Payment
January 15th, 2016 - PAID 10% of Estimated Phase 1 Total City Cost $498,866.35$495,309.00
June 15th, 2016 Remaining Estimated Phase 1 Total City
Cost90% of Estimated Phase 1 Total City
Cost $5,058,047.65*$4,457,781.00
January 15th, 2017 20% of Estimated Phase 2 Total City Cost $951,788.00$764,272.00
June 15th, 2017 80% of Estimated Phase 2 Total City Cost $3,807,154.00*$3,057,088.00
* A final invoice will be issued to the City for the City’s share of any costs incurred related to
the project during the warranty period.
2. The City and County shall reconcile invoices and supporting documentation prior to the County
submitting an invoice to the City. Once the reconciled invoice is submitted, the City shall pay
the invoice in full within 30 daysThe City shall pay 100 percent of an invoice amount within 30
days of receipt.. IIf the City is 30 days late on any payment, the entire remaining amount due of
the City’s cost share per phase, will be invoiced to the City with a payment date of September
15th (of the year of the missed payment).
3. The costs for Phase 1 reflect to-date construction costs plus an estimated cost to complete.
4. The costs for Phase 2 reflect the lowest responsible bid. Upon completion of Phase 2
construction, the County shall prepare a final cost participation summary and submit to the City.
The County shall add to the City’s final construction costs, construction contract amendments,
any necessary adjustments for liquidated damages, and deduct City funds previously advanced
for the project by the City.
5. If the amount of the total of the payments made by the City pursuant to Section G 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.
4. Upon completion of Phase 1 and Phase 2 the County shall prepare a final cost participation
Formatted: Left
Formatted: Left
Formatted: Left
Formatted: Font: (Default) Arial, 11 pt
Formatted: Normal, No bullets or numbering
Formatted: Normal
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Left: 0.5", No bullets or
numbering
Formatted: Normal, No bullets or numbering
Formatted: Font: (Default) Arial, 11 pt
Formatted Table
Formatted: Font: Bold
Formatted: Keep with next, Don't hyphenate
Formatted: Font: (Default) Arial, Not Bold,Font color: Auto
Formatted: Not Superscript/ Subscript
Formatted: Indent: Left: 0.5", No bullets or
numbering, Keep with next, Don't hyphenate
Formatted: Keep with next, Don't hyphenate
Formatted: Font: (Default) Arial, 11 pt
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Left: 0.5", No bullets ornumbering, Don't keep with next, Hyphenate
Formatted: Font: (Default) Arial, 11 pt
Page 6 of 8
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 add to the
City’s final construction costs, construction contract amendments, any necessary adjustments
for liquidated damages, and deduct City funds previously advanced for the project by the City. If
the amount of the total of the payments made by the City pursuant to Section G 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.
5.6. 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.
H. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS
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 Administrator,
and the cost for such changes shall be appropriated as set forth in Section F of this Agreement.
1. Any modifications or additions to the final approved plans and/or specifications shall be made
part of the construction contract by change order or by supplemental agreement, and shall be
paid for as set forth in Section G of this Agreement.
2. Through written request, the City may request changes to the final approved plans and/or
specification. Any City request which is subsequently modified or added to the final approved
plans and specifications shall be made by a written amendment to this agreement, shall be
made part of the construction contract by change order or supplemental agreement, and shall
be paid for wholly by the City.
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. 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.
K. 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
Page 7 of 8
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
the limits on governmental liability for a single unit of government as specified in 466.04,
subdivision 1(a).
L. 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.
M. CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this project through levy
on County-owned property.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized
officers.
WASHINGTON COUNTY CITY OF LAKE ELMO
Chair Date Mike Pearson Date
Board of Commissioners Mayor
Molly O’Rourke Date Dean ZulegerKristina Handt
Date
County Administrator City Administrator
Page 8 of 8
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date