6.1. SR 03-01-2010~~
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REQUEST FOR ACTION
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Adopt Agreement for the Bituminous Resurfacing of Line Avenue within the City Limits of Elk River,
Minnesota to include Line Avenue resurfacing in the 2010 Sherburne County bid for County overlay
projects,
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The adopted 2010 Capital Zmprove:~xaent Plan ~CIP~ includes resurfacing of Line Avenue from County
State Aid Highway 13 to 1$3ra Circle. we are proposing to partner with Sherburne County for the
bidding of this project. She~.•burne County offers othex• governmental jurisdictions in the County the
opportunity to participate in the County's bid for .road improvements. It is to the City's advantage to
participate in the County's program because of the volume discount that will result from bidding many
projects together. The County is not charging an administrative fee for• participating.
Further, this Agreement does not bind the City to making the improvements. ~t allows the City to reject
the bids if the City decides not to proceed with the project. Following bid opening by the County on
March 9, the results will be presented to the Council fox• consideration at the March 15 Council meeting,
In addition to the resurfacing of Line Avenue, a bid alternate was included that would make minor
improvements to the intersection at CR 13 to improve the turning ability far vehicles. The estimated cost
is between ten to twenty thousand dollars. The Council can discuss this option in more detail when the
bids are considered and the actual cost of the improvements is Known, A decision on these
improvements is not needed prior to approval of the Agreement.
The city attorney has reviewed this Agreement and made minor revisions; the attached version includes
those revisions. Due to the timing of receipt of the attorney's changes, Sherburne County has not yet
reviewed the changes, 1 request that the Council approval of the agreement allow for immaterial changes
requested by the County Attorney,
inanc~a [ act
The project is programmed to be funded from the Street Trnprovement Reserve. The project cost is
estimated between X135,000 and $17G,000.
S;~1'ublic Bodies~Council~Lari~2Q1Q~Line ~lvenue,doc
C11~1S
~ Ag~ceement fog the Bituminous Surfacing o~ Line Avenue within the City Limits of Elk River,
Minnesota.
® Section of 2010 adopted CZP referencing Line Avenue p~:oject.
S,~Public Bodies~Council~Lnri~2Q1Q~Line Avenue,dac
A. E NT T I~ITUMINUS SU A.CIN LANE AVENUE
wIT I E CITY L ITS ' ELF V INNER TA.
THIS AGREEMENT the "Agreement"} made and entered into by and between the County of
Sherburne, State of Minnesota, a political subdivision of the State of Minnesota, 425 Jackson
Avenue, 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",dated
wITNESET
WHEREAS, the parties agree that the County shall cause the bituminous resurfacing of Line
Avenue fi~om County State Aid Highway 13 to 1831~d Circle the "Project"} located within the
City limits of Elk River; and
WHEREAS, the Sherburne County Public works Department has prepared plans and
specifcations for the County Overlays, which are on file in the office of the County Engineer;
and
WHEREAS, the City of Elk River has prepared plans and specifications for the Project, dated
ZO10, the "Plans and Specifications"}; and
WHEREAS, the County's good faith projection of the estimated cost of the Project is
$175,870, but actual costs may vary.
New, TI~E.E~' ~ , IT IS MUTUALLY STYPULA.TE ANI~ A.~1~EEI~:
I. PURPOSE
The purpose of this Agreement is to provide for construction of the Project pursuant to the
Plans and Specifications, and payment by the City therefore.
II. METHOD AND COSTS
The County shall call for and receive bids to construct the Project pursuant to the Plans and
Specifications. Prior to awarding a contract for the Proj ect, the County shall notify the City of
the amount of the low bid for the total cost of the Project,
The City shall have ten X10} days following notice by the County of the cost of the Project to
notify the County whether the City wishes to proceed with the Project. If the City does not
notify the County within this 10-day period of its desire to proceed with the Project, then this
Agreement shall terminate and the City shall have no further obligation to the County, If the
City does not notify County within the 1Orday period of its election to proceed, the County
shall proceed with the Project and the City shall be liable to the County for the total cost of
the Project, in an amount not to exceed the lowest bid for the Project.
The County will provide contract administration for the Project, The City is responsible for
providing construction staling and construction observationloversight for the Project.
Upon completion of the Project, the City will be billed for 95% of the total cost for the
Project. The remaining 5% will be billed to the city once the Sherburne County Board has
approved the final payment to the contractor.
III. INDEMNIFICATION
The County and the City mutually agree to indemnify and hold harmless each other from any
claims, losses, casts, expenses or damages resulting from the acts ar omissions of the
respective officers, agents, or employees relating to activities conducted by either party under
this Agreement,
I~. ENTIRE AGREEMENT
It is understood and agreed that the entire agreement of the parties is contained herein and that
this Agreement supersedes 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 subj ect 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;
SHERBURNE COUNTY CITY OF ELK RIVER
By By
By
Rhonda F Lewis, PE; County Engineer
Date
John Menter; Public Works Director
Date
Stephanie Klinzing, Mayor
Date
By
Tina Allard, City Clerk
Date
GP;2736421 v2
Capital Improvement Plan
pity of ilk River, Minnesota
201 o thr°u 2014
Project# ~_Z~
Project Name Reclax~l~epave L]~-e A.~~en.ue
Type Infras~ucture
Useful Life 20 years
Category Street Construction
Description
Department Infrast~ucture)'lnpravements
Contact Engineer
Priority nla
Reclaim existing bitumini.ous surface on Lice Avenue between CSAH I2 and CSAH 13 and repave and restripe,
Accomplish project by including in Sherburne County project to do similar work on CSAH ~ 3, Also consider
bituminous trail extension from Trott Brook Farms addition to existing trail on CSAH l3.
Justification
This section of Line Avenue was formally part of CSAH i3, Through an agreement with Sherburne County Line
Avenue was turned back to the City and the County took over a portion of Twin Lakes Parkway, Sherburne County
plans to reclaim and repave CSA~ 13 in 2010, Line Avenue is in a similar condition as the rema~.der of CSAH ~ 3, its
ADT in 2007 was $100. The work could be done through the County's contract.
Expendzturos 2010 2011 2012 2013 Za14 Total
ConstructionlMaintenance X35,000 135,000
Total ~ 35,000 135,Oaa
Funding Sources 2010 201 2012 ~ 2013 2014 Total
Street improvement Reserve 135,000 135,000
Total X35,000 935,aaa
Page I $