Loading...
8.1 SR 06-01-2020City of Elk* River Request for Action To Item Number Mayor and City Council 8.1 Agenda Section Meeting Date Prepared by General BusinessJune 1, 2020 Justin Femrite, P.E., Public Works Director Item Description Reviewed by CSAH 12 (Main Street/ 181st Avenue) Cal Portner, City Administrator Reconstruction Project Reviewed by Action Requested Consider approval, by motion, the plans for CSAH 12 and associated Cost Share Agreement with Sherburne County. Background/Discussion As last discussed on May 18, 2020, Sherburne County is nearing completion of plans for reconstructing County State Aid Highway (CSAH) 12 (Main Street/181" Avenue) from Line Avenue/Zane Street to the Anoka/Sherburne County border. Attached you will find the improvements map and a Cost Share Agreement for the project. Prebid estimates reflect $1,046,578.05 in local city costs for the full project with safety and trail upgrades identified in the current plans. While there was some discussion about various ways to lessen the financial burden at the last Council meeting, if the project is approved, staff recommends funding our share from our State Aid account. We do not advise to tie approvals or this project to a future discussion surrounding a turn back of a different county piece. We believe that is a decision that should be left for a future Council to make. We currently have sufficient fund balance to cover the local cost share for the CSAH 12 project at the requested amount in our State Aid account. Financial Impact Final impacts would be set upon bidding and final payments made on the project, but a current estimate included in the agreement is $1,046,578.05. All funding would be paid from our State Aid account. Attachments Cost Share Agreement Project Map The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e service, and community engagement that encourages and inspires pi ospei ly INAMIRE1 COST SHARE AGREEMENT BETWEEN SHERBURNE COUNTY AND CITY OF ELK RIVER FOR IMPROVEMENTS TO CSAH 12 FROM LINE AVENUE TO EAST COUNTY LINE THIS AGREEMENT is made and entered into this day of , 2020, (the "Effective Date") by and between the County of Sherburne, a political subdivision of the State of Minnesota, 13880 Business Center Drive NW, Elk River, Minnesota 55330, (the "County"), and the City of Elk River, 13065 Orono Parkway, Elk River, MN 55330 (the "City"). WHEREAS, the parties to this Agreement have long exhibited concern for the safety of the public traveling on County State Aid Highway 12; and, WHEREAS, the County has proposed and the City has consented to certain improvements to County State Aid Highway (CSAH) 12 (the "Project"); and WHEREAS, the parties agree that the County shall cause construction of the Project; and WHEREAS, the Sherburne County Public Works Department will have plans and specifications prepared for the Project (SAP 71-612-008), which plans will be consistent with the plans the City consented to and which will be on file in the office of the County Engineer, and WHEREAS, Minn. Stat. § 471.59 authorizes the County and the City to enter into an agreement for the joint exercise of powers and the sharing of resources; and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared. NOW, THEREFORE, in consideration of the premises and covenants contained herein and subject to the provisions of Minn. Stat. § 471.59, the parties agree as follows: Purpose. The parties enter into this Agreement for the purpose of constructing the CSAH 12 Project. 2. Term. Notwithstanding the date of the signatures of the parties, the term of this Agreement shall commence on the Effective Date and, unless earlier terminated pursuant to this Agreement, shall terminate on the date that the Project has been completed, as determined by the County. Duties of the County and Cit 3.1 Solicitation and Award of Contract. The County will solicit bids for the construction of the Project based on the plans and specifications. The contract will be awarded to the lowest responsible bidder, as determined by the County, in accordance with Minnesota law. 3.2 Plans and Specifications - The County shall prepare all plans, specifications, material quantities and all other documents necessary for the construction of the Project. 3.3 Construction Items - The County will let a contract and cause the construction the Project, in accordance with the County and City approved State Aid construction plans. The Project will include, at a minimum, the following improvements: 1) Reconstruct the existing pavement 2) Add right turn and bypass lanes at designated intersections 3) Add a raised center median with concrete curb and gutter. 4) Construction of a Roundabout at Johnson Street 5) Install a traffic signal system at the intersection of CSAH 12 and CSAH 13 6) Replace the existing storm sewer 7) Install City sidewalk and trail amenities 8) Install pavement markings 9) Provide traffic control during construction 3.4 Construction Oversight. During the Project, the County shall provide all necessary construction engineering, construction surveying, and construction inspection. The cost to the City for these construction oversight services at eight percent (8%) of the City participating construction costs are hereby waived for the Project. Any costs associated with these construction services will be paid by the county. 3.5 Right of Way and Permits - The county will be responsible for acquiring and paying for all right of way and other land use rights necessary for the Project and shall be responsible for obtaining all necessary permits and other approvals necessary for the construction of or otherwise associated with the Project, including but not limited to all environmental permits such as SWPPP, TEP approvals, and NPDES permit. 3.6 Administration - The County will be responsible for administering the Project. Contract administrative services shall include, without limitation, the advertising and acceptance of bids, generating partial and final payments and Project close- out. The County will also provide all necessary construction engineering, construction surveying, and construction inspection for the Project and will prepare and sign all work orders, change orders, and supplemental agreements relating to the Project. The cost to the City for these administrative services at two percent (2%) of the City participating construction costs are waived for the Project. All costs of contract administration and construction oversight relating to the Project, shall be the sole responsibility of the County. 3.7 Cost Participation — The contract costs of the Project shall constitute the "actual construction costs" and shall be so referred to herein. 'Estimated construction costs" are good faith projections of the costs which will be incurred for the Project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project is $6,471,409.20. Refer to Exhibit A. The estimated construction cost to the City for the Project is $1,046,578.05. The City is financially responsible for its share of the final costs of the Project in accordance with Exhibit B, Sherburne County Construction Cost Participation Policy. The final costs for the City will be based on the County's actual costs as determined by the County's final payments to the contractor for the Project. 3.8 Payments to Contractor - For purposes of paying the contractor during the Project, the County will process all payment requests from the contractor and will approve or deny the requests as appropriate, pursuant to the terms of the contract. 3.9 Ownership and Maintenance — Following completion of construction, the County will own the Project Improvements, maintenance of the roadways, shoulders, drainage systems, and remainder of the roadway easement shall be the sole responsibility of the County. Maintenance of any pavement markings shall be the sole responsibility of the County. Snow plowing of the roadway shall be the sole responsibility of the County. The City shall be responsible for maintenance of all multi -use trails and sidewalks and including snow removal. 3.10 Payments to the County - Upon award of the contract, the estimated cost share for the project shall be identified based upon the as -bid unit prices and estimated City cost participation items. The City has requested a State aid Project number from the Minnesota Department of transportation. It is the City's intent to utilize State Aid funding to pay for the City cost share of the Project. As the work is performed for City related items, Contractor pay requests will be generated monthly and the City shall draw from their State Aid funds to pay for the cost of performing work on the Project. 4. General Provisions. 4.1 Entire Agreement, Amendments. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, documents and proposals, oral or written, between the parties with respect thereto. Any amendment or modification to this Agreement shall not be valid unless such amendment or modification (1) is in writing and signed by authorized representatives of both parties and (ii) references this Agreement. The terms and conditions of the exhibits are integral parts of this Agreement and are fully incorporated herein by this reference. 4.2 Cooperation. The parties agree to cooperate in the use of resources, including available right-of-way to complete the pro] ect as a whole, to the extent feasible and to the extent permitted by law. The parties further agree to cooperate in the administration of the contract and completion of the project, including cooperating in resolving any disputes the parties may have with the contractor(s) both during the project and following completion of the project. 4.3 Termination. This Agreement may be terminated by either party at any time, with cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods, which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination, and the County shall return to the City any funds paid by the City which have not been expended. 4.4 Notices. Any notices required or permitted to be given under this Agreement shall be delivered personally or sent by certified mail to the other party as follows: To the County: Andrew Witter Sherburne County Engineer Sherburne County Government Center 13880 Business Center Drive, Suite 100 Elk River, MN 55330 To the City: City Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330 4.5 Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be exclusively in the State of Minnesota, County of Sherburne. 4.6 Disbursement of Funds. All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. 4.7 Audit. The parties shall maintain complete and accurate records with respect to costs incurred and services performed under this Agreement for a period of at least six (6) years after the termination of this Agreement. Pursuant to Minn. Stat. § 16C.05, Subd. 5, each party shall allow the other party, the State Auditor, or their authorized representatives access to the books, records, documents, and accounting procedures and practices relevant to the subject matter of the Agreement, for purposes of audit. 4.8 Data Practices. All data created, collected, received, stored, used, maintained, or disseminated for any purpose in connection with this Agreement is governed by the Minnesota Data Practices Act, as well as other State and Federal rules and regulations relating to data privacy. 4.9 Assignment and Delegation. Neither party shall assign its rights or delegate its duties under this Agreement without receiving the prior written consent of the other party. 4.10 Liability. Each party will be solely responsible for its own acts and omissions and the results thereof, to the extent authorized by law. The parties mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. Minnesota Statutes Chapter 466 and other applicable laws govern the parties' liability. 4.11 Severability. In the event that any portion of this Agreement shall be held to be invalid, such invalidity shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective as of the Effective Date set forth above. SHERBURNE COUNTY Attest: Felix Schmiesing County Board Chair Bruce Messelt County Administrator CITY OF ELK RIVER Attest: John Dietz Mayor, City of Elk River Cal Portner City Administrator \ 169 long the corridor, reduces chances f rear -end collisions. 7 Fluz� `w N t Entrance aligned with Roundabout Curb added, graded Extension of Trail to ' ohnson Street -Provides traffic calming and reduced for future trail 4 Q � ////,■` Spectrum School speeds _ - Provides a better access from Added Left and - — — W 3 Added Left and Right neighborhood to access CSAH 12 Turn Lanes Aids existing sight distance Issues. j -Controlled pedestrian crossing a � -_- Facilitates u-tums and corridor llty. m �, NHHNHHHIHuu�- � -� _� •_ �_ �— �I Added Left and RighLTurn Lanese` \ ILI]� I3 Optional Trail it _V'r i, o �� - �� dw Pavement Rehabilitation \ o Roadway superelevation meets in Muck Area 1 ?iispeed standards SHERBURNE CSAH 12 improvements 0 0 0 N T Y Sherburne County, Minnesota Project Map From: Christianson, Garrett To: Portner, Cal Subject: Fwd: [EXTERNAL] Online Form Submittal: Send Garrett Christianson an Email Date: Monday, June 01, 2020 2:56:32 PM Garrett A. Christianson Ward 1 - Councilman Elk River City Council Cell: 763-300-2794 From: noreply@civicplus.com <noreply@civicplus.com> Sent: Monday, June 1, 2020 2:41:47 PM To: Christianson, Garrett <Garrett.Christianson@ElkRiverMN.gov> Subject: [EXTERNAL] Online Form Submittal: Send Garrett Christianson an Email Send Garrett Christianson an Email TO: Garrett Christianson First Name Last Name Reply Email Address Subject Field not completed. Derek & Betsy Wold Construction Project part 2 Comments We also support a roundabout at Johnson Street. As we have exited the neighborhood from this street often, in the winter is quite difficult. As there is a slope up to the highway, and poorly plowed roads, trying to enter the highways in front of cars is quite difficult and treacherous. This roundabout would slow traffic down. Another reason for our support of the roundabout are the student -athletes coming and leaving the Spectrum field. The addition of the roundabout would provide their safety as well. As Justin Femrite said, the city does have the capacity in its state aid funds to bridge the gap with the price take, so PLEASE consider spending the money helping the county out on this road construction project, it is for the safety of our community. Thank you, Derek & Betsy Wold Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. From: Christianson, Garrett To: Portner, Cal Subject: Fwd: [EXTERNAL] Online Form Submittal: Send Garrett Christianson an Email Date: Monday, June 01, 2020 2:56:24 PM Garrett A. Christianson Ward 1 - Councilman Elk River City Council Cell: 763-300-2794 From: noreply@civicplus.com <noreply@civicplus.com> Sent: Monday, June 1, 2020 2:40:45 PM To: Christianson, Garrett <Garrett.Christianson@ElkRiverMN.gov> Subject: [EXTERNAL] Online Form Submittal: Send Garrett Christianson an Email Send Garrett Christianson an Email TO: Garrett Christianson First Name Last Name Reply Email Address Subject Field not completed. Derek & Betsy Wold Construction Project part 1 Comments Good afternoon, We are writing in regard to the Highway 12 construction project. We realize this email is coming a little last minute and apologize for that as we just read the article in the paper that this project may not happen. This project needs to happen for the safety of children in these neighborhoods. Kids (and adults) need a safe place to cross the road (highway) --this is the only means of connecting these neighborhoods to other parts of the community. Many students in these neighborhoods ride their bikes to school or to go to friends' houses. Do you realize we are crossing 4 lanes of traffic? Traffic moving at speeds of (at least) 60mph! How is this safe?! I do this often while pushing a stroller just to get to the walking path, I am an adult and it scares me, I can't imagine how kids feel doing this. This highway is busy at all times of the day. This is also a highway people take to Ramsy and to travel East on Hwy 10 to avoid the traffic and lights on169. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. From: noreply@civicplus.com <noreply@civicplus.com> Sent: Saturday, May 30, 2020 1:30:31 PM To: Christianson, Garrett <Garrett.Christianson@ElkRiverMN.gov> Subject: [EXTERNAL] Online Form Submittal: Send Garrett Christianson an Email Send Garrett Christianson an Email TO: Garrett Christianson Field not completed. First Name Barbara Last Name Burandt Reply Email Address Subject CR 12 Comments I watched the last City Council Meeting and know that the council will be voting on the CR 12 action coming up Monday June 1. 1 am writing to let you know that I strongly support the approval of upgrading this road at this time. I have heard frorr my constituents over the last many months that they want to see traffic slowed down on this road and for increased safety provisions, such as the turn lanes that can avoid collisions. I hope the proposal for the turn -back of CR 33 is seen as a viable option for the city of consider to make the upgrade a more affordable option.. Justin felt that it was a viable option. When it comes to safety, I always try to prioritize that if financially viable at all. I hope this can be accomplished on this project. Putting it off will only increase the costs at a later date. I feel our constituents need to have this problem addressed now. Thanks for considering this. Call if you have time to chat. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser.