5.10. SR 08-21-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
En · eerin Au st 21, 2006
Item Description
Agreement for Improvements to County Road 33
Item Number
5.10.
Prepared by
Te Maurer, Ci
Reviewed by
Bill Maertz, Parks & Recreation
Director
Introduction
The City of Elk River requested Sherburne to include a trail crossing under CSAH 33 in their
reconstruction project. Because of this request, Sherburne County is asking for the City to
approve an Agreement for Improvement to County Road 33.
Discussion
Sherburne County opened bids for the County Highway 33 upgrade on Tuesday, August 1, 2006.
The low bidder was Bauerly Brothers, Inc. in the amount of $2,421,000. The City requested a
trail crossing for the Railroad Trail underneath County Highway 33 be included in the project.
The agreement requires the City to pay for this portion of the project in the amount of $131,000.
The original estimate provided by Bill Maertz, Parks & Recreation Director was $190,000. The
low bid for this work submitted by Bauerly Brothers, Inc. is approximately 300/0 below the
original estimate. It should be noted that these costs are for construction only. The agreement
does not require the City to pay any overhead costs associated with these improvements.
According to the agreement, the City is obligated to pay 950/0 of the construction cost based on
the low bid, once a bill is submitted from the County. After completion the City will be billed for
the actual cost of the construction minus previous payments. This is similar to the Municipal
State Aid Funding protocol. The agreement also indicates that the City will provide construction
oversight for the installation of the trail crossing.
According to the agreement, the County will be responsible for maintaining the roadway and the
City will be responsible for all maintenance of the trail crossing.
The draft agreement has been previously reviewed by City Attorney Chris Johnson for legal
format. Mr. Johnson had no objections to the standard format of this agreement.
Finally, it should be noted that there is still an outstanding issue regarding payment for right-of-
way along County Highway 33. As you are aware, the County's Cost Participation Policy requires
the City to pay for additional right-of-way. The City was unaware that this project was even
contemplated by the County. Therefore, the County moved fOlWard with the project and
acquired the necessary right-af-way. The County expended approximately $179,000 in a strip-
taking along the existing County Highway 33. City Administrator Lori Johnson and I have been
s: \ EngineerImprovProj\2006 Improvement Projects \CH 33~CH 77 Realignment \08 21 06 cc memo trail crossing. doc
in communication with Brian Bensen, County Administrator and J aim Menter, County Public
Works Director regarding this issue. When the four of us come to a consensus on a
recommendation, we will present it to the City Council for your consideration and action.
Financial Impact
City Park Dedication Funds have been budgeted for this expense.
Attachments
. Agreement for the Improvement of County Road 33 in the City of Elk River, Minnesota
(S.P. 71-633-01)
Action Requested
Approval of the agreement and authorization for the Mayor and City Administrator to sign the
agreement.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\EngineerImprovProj\2006 Improvement Projects\CH 33-CH 77 Realignment\08 21 06 cc memo trail crossing.doc
AGREEMENTFORTHEI~ROVEMENTOFCOUNTYROAD33
IN THE CITY OF ELK RIVER, MINNESOTA
(S.P.71-633-01)
This Agreement made and entered into this , 2006, by and between the County of
SIlerburne, State of Minnesota, a political subdivision of the State of Minnesota, 13880
Highway 10, Elk River, Minnesota 55330, hereinafter referred to as the "County", and the
City of Elk River, 13065 Orono Parkway, Elk River, Minnesota 55330, hereinafter referred to
as the "City".
WITNESSETH
WHEREAS, the parties of this Agreement have long exhibited concern for the safety of the
public traveling on County State Aid Highway 33, and,
WHEREAS, the County has received federal TEA-21 funds to improve the roadway vertical
and horizontal alignment and to add two (2) eight-foot paved shoulders; and
WHEREAS, the City desires to provide an underground trail crossing in the Project area; and
WHEREAS, the parties agree that the County shall cause the construction of tIle
improvements of County State Aid Highway 33; and
WHEREAS, the Sherburne County Public Works Department has prepared plans and
specifications for Project Number S.P. 71-633-01, which plans and specifications are dated
June 21, 2006, and which are on file in the office of the County Engineer; and
WHEREAS, tile City has provided appropriate plans and specifications to be included in the
County's plans and specifications; and
WHEREAS, the parties agree that it is in their best interest that the cost of said project be
shared.
NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
I. PURPOSE
The parties have contracted for the purpose of constructing the roadway, drainage, and
utilities associated with County State Aid Highway 33, described in the plans and
specifications numbered S.P. 71-633-01 on file in the office of the Sherburne County
Engineer and incorporated herein by reference.
II. METHOD
The County shall cause the construction of Sherburne County Project Number S.P. 71-633-01
in conformance with said plans and specifications. The County shall do the calling for all
bids and the acceptance of all bid proposals.
III. COSTS
The contract costs of the work, or if the work is not contracted, the cost of all labor, materials,
normal engineering costs and equipment rental required to complete the work, shall constitute
the actual "construction costs" and shall be referred to herein.
"Estimated costs" are good faith projections of the costs, which will be incurred for this
project. Actual costs may vary and those will be the costs for which the relevant parties will
be responsible.
Project construction costs are estimated at $2,421,000 (Two Million Four Hundred Twenty-
One Thousand Dollars). Federal funds available for the project are capped at $777,000 and
will be applied entirely for County costs. $1,644,000 (One Million Six Hundred Forty-Four
Thousand Dollars) is estimated for county funding. The County will pay the cost for all
roadway grading, paving, access road and driveway replacements and/or improvements,
intersection improvements, and drainage systems.
The City shall pay the entire cost of the underground trail crossing, fencing and/or other
safety measures installed for the trail crossing, and a small portion of the mobilization and
traffic control costs. The estimated total cost for the City's portion of the project is $131,000
(One Hundred Thirty-One Thousand Dollars).
The County will provide construction staking, construction observation, and contract
administration for the project. The City will provide construction observation/oversight for
the trail crossing portion of the project.
Upon award of the contract, the City shall pay to the County, upon written demand by the
County, ninety-five percent (95%) of its portion of the cost of the project estimated at
$124,450 (One Hundred Twenty-Four Thousand Four Hundred Fifty Dollars). The City's
share of the project shall include only construction and construction engineering expense and
does not include any administrative expenses incurred by the County.
Upon final completion of the project, the City's share of the construction cost will be based
upon the actual construction costs. If necessary, adjustments to the initial ninety-five percent
(95%) charged will be made in the form of credit or additional charges to the City's share.
Also, the remaining five percent (50/0) of the City's portion of the construction costs shall be
paid.
IV. TERM
This Agreement shall continue until terminated as provided herein.
V. 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.
VI. CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be made by the County
in conformance with State laws.
VII. STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and report of all receipts and disbursements
shall be made upon request by either party.
VIII. TERMINATION
This Agreement may be terminated by either party at any time, with our without 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 (2) 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.
IX. MAINTENANCE
A. Maintenance of the roadways, shoulders, drainage systems, and remainder of
the roadway easement shall be the sole responsibility of the County.
B. Maintenance of any pavement markings shall be the sole responsibility of the
County.
C. Snow plowing of the roadway shall be the sole responsibility of the County.
D. Maintenance, including snow plowing, of the underground trail crossing and
associated safety systems and appurtenances shall be the sole responsibility of
the City.
x. NOTICE
For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to
the County Administrator of Sherburne County, 13880 Highway 10, Elk River, Minnesota
55330, on behalf of the County, and the City Administrator of Elk River, Orono Parkway, Elk
River, Minnesota 55330, on behalf of the City.
XI. INDEMNIFICATION
The COllnty and the City 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.
XII. ENTIRE AGREEMENT
It is understood and agreed that the entire agreement of the parties is contained herein and that
this Agreement supercedes all oral agreements and all negotiations between the parties
relating to the subject matter thereof, as well as any previous agreement presently in effect
between the parties to the subject matter thereof. Any alterations, variations, or modifications
of the provisions of this Agreement shall be valid only when they have been reduced to
writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the
dates written below:
COUNTY OF SHERBURNE
By:
Dated:
ATTEST:
By:
Dated:
Terry Nagorski
Chair, Sherburne County Board
Brian Bensen
County Administrator
RECOMMENDED FOR APPROVAL
By:
Dated:
John M. Menter, P.E.
Public Warks Director
APPROVED AS TO FORM AND EXECUTION
By:
Dated:
Kathleen Heaney
County Attorney
CITY OF ELK RIVER
By:
Dated:
By:
Dated:
By:
Dated:
By:
Dated:
Stephanie Klinzing
Mayor, City of Elk River
Lori Johnson
City Administrator
Terry Maurer, P.E.
City Engineer