HomeMy WebLinkAbout#10 - Traffic Signal Cooperative Agreement STAFF REPORT
DATE: July 7, 2020
CONSENT
AGENDA ITEM: Approve the Cooperative Cost Share Agreement for the CSAH 13 (Inwood
Avenue)-5 Street North Traffic Signal Improvements
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator
Sarah Sonsalla, City Attorney
Marty Powers, Public Works Director
Chad Isakson, Project Engineer
ISSUE BEFORE COUNCIL: Should the City Council approve the Cooperative Cost Share Agreement
with Washington County for the CSAH 13 (Inwood Avenue) - 5 Street North Traffic Signal Improvements?
BACKGROUND: Washington County intends to construct a permanent traffic signal system on County
State Aid Highway No. 13 (Inwood Avenue) and its intersection with 5th Street North in the City of Lake
Elmo. The project improvements are currently in design with the intention of constructing the
improvements in 2020.
PROPOSAL DETAILS/ANALYSIS: The County prepared a Cooperative Agreement to outline the roles
and responsibilities, cost split, and general terms and conditions for the project. The format of the agreement
and cost split was based on Washington County’s cost participation policy which includes a 2/3 contribution
from the county (2 legs of the intersection) and 1/3 contribution from the city (1 leg of the intersection) for
the traffic control signal system and components. Other construction line items are based on the location of
the improvements relative to the city or county roadway system.
FISCAL IMPACT: The estimated total cost for the CSAH-13 (Inwood Avenue) - 5th Street North Traffic
Signal Improvements is $522,070. The City’s share of the improvements is estimated to be $134,723,
including $119,487 as detailed in Exhibit B. Washington County’s cost share is estimated to be $387,347.
The City intends to use developer contributions and general tax dollars to pay its share. The city received
a $43,725 contribution toward the traffic signal from the Inwood Development and a $30,000 contribution
toward the traffic signal from the Kwik Trip CUP.
RECOMMENDATION: Staff is recommending that the City Council approve the Cooperative Cost
Share Agreement with Washington County for the CSAH 13 (Inwood Avenue) - 5 Street North Traffic
Signal Improvements. The recommended motion for this action is as follows:
“Move to approve Resolution No. 2020–072, approving the Cooperative Cost Share Agreement with
Washington County for the CSAH 13 (Inwood Avenue) - 5 Street North Traffic Signal Improvements.”
ATTACHMENTS:
1. Resolution Approving the Cooperative Cost Share Agreement with Washington County for the
CSAH 13 (Inwood Avenue) - 5 Street North Traffic Signal Improvements.
2. Cooperative Cost Share Agreement.
3. Intersection Location Map.
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2020-072
A RESOLUTION APPROVING A COOPERATIVE COST SHARE
AGREEMENT WITH WASHINGTON COUNTY FOR THE
CSAH-13 (INWOOD AVENUE) AND 5TH STREET NORTH
INTERSECTION IMPROVEMENTS
WHEREAS, the County intends to construct a traffic signal system on County State Aid
Highway (CSAH) 13 at its intersection with 5th Street North in the City of Lake Elmo on its
boundary with the City of Oakdale; and
WHEREAS, the City and the County agree to share in the cost of the Project as set forth
in Table 1 of the Cooperative Cost Share Agreement; and
WHEREAS, the City desires to use local funds for these improvements; and
WHEREAS, the County desires to use local funds and State Aid 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, BE IT RESOLVED,
1. That the Cooperative Cost Share Agreement between the City of Lake Elmo and
Washington County is hereby approved, and the Mayor and City Administrator are
hereby authorized to execute the agreement on behalf of the City of Lake Elmo.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE SEVENTH DAY OF JULY, 2020.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
(Seal) Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk
Page 1 of 5
COOPERATIVE AGREEMENT
BETWEEN THE CITY OF LAKE ELMO
AND WASHINGTON COUNTY
FOR CONSTRUCTION COST OF A TRAFFIC SIGNAL SYSTEM
ON COUNTY STATE AID HIGHWAY (CSAH) 13
AT 5TH STREET NORTH
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 a traffic signal system on County State Aid Highway
(CSAH) 13 at its intersection with 5th Street North in the City of Lake Elmo on its boundary with the City
of Oakdale; and
WHEREAS, the City and the County agree to share in the cost of the Project in accordance with
“Washington County Cost Participation Policy #8001 for Cooperative Highway Improvement Project s”;
and
WHEREAS, the City desires to use local funds for these improvements; and
WHEREAS, the County desires to use local funds and State Aid 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)
and Exhibit B (Estimated Cost Splits).
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 number has been assigned to the Project: SAP 082-613-048 and
CP 20-11324.
3. The following City project numbers have been assigned to the Project: 2020.113
C. RIGHT OF WAY AND EASEMENTS
1. The County shall acquire all permanent rights of way, permanent easements, and temporary
slope easements, which will be acquired in the name of the County.
WASHINGTON COUNTY
CONTRACT NO. To be Determined
DEPT. PUBLIC WORKS
DIVISION TRANSPORTATION
TERM SIGNATURE – END OF PROJECT
Page 2 of 5
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.
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
The City hereby agrees to be bound to the cost participation provisions in the “Washington County
Cost Participation Policy #8001 for Cooperative Highway Improvement Projects”, which is
incorporated into this agreement by reference. The City’s cost participation for this project shall be
in accordance with the provisions of the “Washington County Cost Participation Policy #8001 for
Cooperative Highway Improvement Projects” which is incorporated into this agreement by
reference. The city’s estimated costs are set forth in Table 1 of this section and 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 shall be the cost to construct the Project. The County has prepared a
statement of estimated quantities and cost splits hereto attached as Exhibit B. The City shall
pay to the County its share of the total cost as shown in Exhibit B and set forth in Table 1. After
the County has awarded the construction contract, Exhibit B will be updated to reflect the City’s
and County’s share of the construction costs based on the actual contractor’s unit prices.
2. Design Engineering
Design engineering costs shall be professional design engineering services, project
coordination, preparation of plans and specification, stakeholder engagement, geotechnical
studies, and other administrative functions necessary for the Project. Based on the City’s share
of the construction cost, the City shall pay the prorated cost of design engineering for the entire
Project as set forth in Table 1. After the County has awarded the construction contract, Exhibit B
will be updated to reflect the City’s and the County’s prorated share of the Design Engineering
based on the updated construction cost.
3. Construction Engineering/Contract Administration
Construction engineering/contract administration costs shall be 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. Construction
engineering/contract administration is 8% of the construction cost. Based on the City’s share of
the construction cost, the City shall pay the prorated cost of construction engineering/contract
administration as set forth in Table 1. After the County has awarded the construction contract,
Exhibit B will be updated to reflect the estimated construction engineering/contract
administration cost.
4. Right of Way
Right of Way costs shall be 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. If applicable, the City shall pay their
Page 3 of 5
share of the final right of way cost. The estimated amount is set forth in Table 1.
5. The costs and shares attributable to the City and payable to the County as shown in Table 1 are
merely estimated and a final reconciliation of costs as set forth in Section G below shall be done
at the end of the Project. Actual City costs and shares are based on the following:
a. Construction shall be based on the contractor's unit prices and final quantities at Project
completion including all contract changes.
b. Design engineering shall be based on the contractor’s unit prices at the time of contract
award.
c. Construction engineering/contract administration shall be based on the contractor’s unit
prices and final quantities at Project completion including all contract changes and
liquidated damages.
d. Right of way shall be based on the final costs to acquire right of way.
G. PAYMENT
1. Construction and Construction Engineering/Contract Administration
a. After the County has awarded the construction contract, the County shall update Exhibit B to
conform the Exhibit to the amounts in the awarded bid and shall invoice the City 10 percent
of the City's estimated construction and construction engineering/contract administration
cost based on the updated Exhibit B.
b. During construction, the County shall submit to the City partial estimates of work performed
by the contractor. The City shall pay to the County its share of the partial estimate as
determined in Section F.
c. Upon substantial completion of the work the County shall submit to the City a final invoice
and final reconciliation of costs. The reconciliation 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.
2. The costs set forth in Table 1 for design engineering and right of way shall be separate line
items on the invoice 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 thirty (30) days of receipt.
H. CONTRACT CHANGES
Any modifications or additions to the final approved plans and/or specifications of the Project shall
be made part of the construction contract through a written amendment to the construction contract
and the cost for such changes shall be appropriated as set forth in Section F. of this Agreement.
TABLE 1 – ESTIMATED COSTS
City of Lake Elmo Cost Summary
ITEM TOTAL COST CITY
SHARE CITY COST
Construction $463,028 See Exhibit B $119,487
Design Engineering $22,000 25.8% $5,677
Construction Engineering/Contract Administration $37,042 25.8% $9,559
Right of Way $0 N/A $0
TOTAL ESTIMATED COST $522,070 $134,723
Page 4 of 5
I. LIQUIDATED DAMAGES
Any liquidated damages assessed to the contractor in connection with the work performed on the
Project shall be used to adjust the project completion costs thus adjusting the City’s construction
engineering/contract administration costs as stated in F.6.c. No adjustment to construction costs will
be made to the City’s portion of the project in the event of liquidated damages.
J. CONDITIONS
The City shall not assess or otherwise recover any portion of its cost for this Project through special
assessment of County property 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
the limits on governmental liability for a single unit of government as specified in 466.04,
subdivision 1(a).
N. DATA PRACTICES
All data collected, created, received, maintained, disseminated, or used for any purposes in the
course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota
Page 5 of 5
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
County Administrator Date City Clerk Date
Approved as to form: Approved as to form:
Assistant County Attorney Date City Attorney Date
EXHIBIT BEstimated Costs and QuantitiesCSAH 13 (Inwood Avenue) at 5th Street NorthWashington County (City of Lake Elmo)Prepared by JMG (SEH) on May 13, 2020 SAP SAP City Proj City Proj.Estimated Estimated Estimated 082-613-048 082-613-048 2020.113 2020.113Item No. Item Unit Quantity Unit Cost Total Cost Quantity Est. Cost Quantity Est. Cost 2021.501 Mobilization Lump Sum 1 $30,000.00 $30,000.00 0.75 $22,500.00 0.25 $7,500.002102.518 Pavement Marking Removal Sq. Ft. 165 $8.00 $1,320.00 165 $1,320.002104.502 Salvage Concrete Apron Each 2 $400.00 $800.00 2 $800.00 2104.502 Salvage Sign Each 1 $250.00 $250.00 1 $250.002104.502 Remove Sign Type C Each 3 $100.00 $300.00 2 $200.00 1 $100.002104.503 Remove Curb & Gutter Lin. Ft. 65 $20.00 $1,300.00 43 $860.00 22 $440.002104.504 Remove Bituminous Pavement Sq. Yd. 78 $15.00 $1,170.00 52 $780.00 26 $390.002104.518 Remove Concrete Walk Sq. Ft. 585 $8.00 $4,680.00 390 $3,120.00 195 $1,560.002105.504 Geotextile Fabric Type 5 Sq. Yd. 40 $5.00 $200.00 40 $200.00 2106.507 Excavation-Common (P) Cu. Yd. 55 $30.00 $1,650.00 37 $1,110.00 18 $540.002211.507 Aggregate Base (CV) Class 5 Cu. Yd. 50 $35.00 $1,750.00 33 $1,155.00 17 $595.002231.509 Bituminous Patching Mixture Ton 18 $200.00 $3,600.00 12 $2,400.00 6 $1,200.002301.602 Drill & Grout Dowel Bar (Epoxy Coated) Each 50 $15.00 $750.00 33 $495.00 17 $255.002357.506 Bituminous Material for Tack Coat Gal 15 $10.00 $150.00 10 $100.00 5 $50.002501.502 Install Concrete Apron Each 2 $500.00 $1,000.00 2 $1,000.00 2503.503 18" RC Pipe Sewer Des 3006 Lin. Ft. 46 $66.00 $3,036.00 46 $3,036.00 2503.602 Connect to Existing Storm Sewer Each 2 $1,200.00 $2,400.00 2 $2,400.00 2506.502 Casting Assembly Each 1 $1,000.00 $1,000.00 1 $1,000.00 2506.503 Construct Drainage Structure Design 48-4020 Lin. Ft. 4 $1,500.00 $6,000.00 4 $6,000.00 2511.507 Random Riprap Class III Cu. Yd. 10 $140.00 $1,400.00 10 $1,400.00 2521.518 3" Bituminous Walk Sq. Ft. 350 $10.00 $3,500.00 233 $2,330.00 117 $1,170.002521.518 6" Concrete Walk Sq. Ft. 1075 $18.00 $19,350.00 717 $12,906.00 358 $6,444.002531.503 Concrete Curb & Gutter Design B418 Lin. Ft. 57 $45.00 $2,565.00 38 $1,710.00 19 $855.002531.503 Concrete Curb & Gutter Design B424 Lin. Ft. 98 $50.00 $4,900.00 65 $3,250.00 33 $1,650.002531.618 Truncated Domes Sq. Ft. 96 $60.00 $5,760.00 64 $3,840.00 32 $1,920.002563.601 Traffic Control Lump Sum 1 $8,000.00 $8,000.00 0.75 $6,000.00 0.25 $2,000.002563.601 Alternate Pedestrian Route Lump Sum 1 $4,000.00 $4,000.00 0.75 $3,000.00 0.25 $1,000.002563.602 Portable Changeable Message Sign Each 3 $1,200.00 $3,600.00 2 $2,400.00 1 $1,200.002564.518 Sign Panels Type C Sq. Ft. 52 $55.00 $2,860.00 35 $1,925.00 17 $935.002501.602 Sign Panels Type D Sq. Ft. 62 $60.00 $3,720.00 41 $2,460.00 21 $1,260.002565.501 Emergency Vehicle Preemption System Lump Sum 1 $5,600.00 $5,600.00 0.67 $3,733.00 0.33 $1,867.002565.501 Traffic Control Interconnect Lump Sum 1 $63,000.00 $63,000.00 1 $63,000.00 2565.516 Traffic Control Signal System System 1 $170,500.00 $170,500.00 0.67 $113,667.00 0.33 $56,833.002573.502 Storm Drain Inlet Protection Each 2 $250.00 $500.00 2 $500.002573.503 Sediment Control Log Type Wood Fiber Lin. Ft. 175 $5.00 $875.00 175 $875.00 2574.507 Boulevard Topsoil Borrow Cu. Yd. 75 $130.00 $9,750.00 75 $9,750.00 2574.508 Fertilizer Type 3 LB 36 $2.00 $72.00 36 $72.00 2575.504 Erosion Control Blankets Category 3N Sq. Yd. 210 $5.00 $1,050.00 210 $1,050.00 2575.508 Seed Mix 25-131 LB 30 $5.00 $150.00 30 $150.00 2575.508 Hydraulic Mulch Matrix LB 90 $20.00 $1,800.00 90 $1,800.00 2582.518 Crosswalk Pref Thermo Gr In Sq. Ft. 1560 $12.00 $18,720.00 1200 $14,400.00 360 $4,320.00Total Estimated Construction Costs $393,028.00 $296,874.00 $96,154.00County Furnished Items $70,000.00 $46,667.00 $23,333.00 Total Estimated Project Costs $463,028.00 $343,541.00 $119,487.00