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HomeMy WebLinkAbout2018-28752018 -2875 JOINT POWERS AGREEMENT 37" AVENUE NE IMPROVEMENTS MAIN STREET NE TO 5" STREET N Mum A THIS AGREEMENT is made as of the 14th day of May, 2018, by and between the City of Columbia Heights, Minnesota ( "Columbia Heights "), and the City of Minneapolis, Minnesota ( "Minneapolis ") both Minnesota municipal corporations. WHEREAS, Columbia Heights and Minneapolis share a common boundary and wish to undertake a street improvement project on 37th Avenue NE from Main Street NE to 5th Street NE; and WHEREAS, the improvements consist of bituminous street resurfacing on 37th Avenue NE from Main Street NE to 5th Street NE on the Minneapolis side (south side) and bituminous street rehabilitation, sewer improvements and various other improvements on the Columbia Heights side (north side), identified as Columbia Heights Project 1805; reference Attachment A which contains the project construction plans, and WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar powers by governmental units and also provides that any one governmental unit may perform on behalf of another governmental unit any service or function which that unit would be authorized to perform for itself. NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual covenants and agreements of the parties hereto, it is agreed as follows: 1. Columbia Heights will prepare plans and specifications for the project and obtain approval of the City of Minneapolis City Engineer for those plans and specifications. The plans will exhibit separate quantities for the City of Minneapolis portion of the project. Columbia Heights will advertise and open bids in accordance with State of Minnesota law. 2. Columbia Heights shall tabulate bids upon their receipt and make a recommendation of award. Columbia Heights will award the project for the work to move forward on the 37th Avenue NE project as provided by state law and will manage the project. Minneapolis will authorize their participation in the project through action of their City Council and by their execution of this Agreement. 3. Construction engineering, including contract administration, staking, construction inspection and materials testing shall be performed by Columbia Heights, or their representative. Minneapolis may increase or decrease the amount of bituminous restoration work done in their City, prior to the contractor beginning work. 4. The material testing will be performed as detailed in Attachment C. 1 5. Any concerns by Minneapolis regarding the work of the Contractor shall be immediately brought to the attention of the City Engineer of Columbia Heights. All .costs 'on the Milnneapolis side shall be the City of Minneapolis' costs. The City of Minneapolis cost's piarticipation (construction, design, construction administration and other administrative expenses related to the project) will not exceed $135,000 except by approval in the form of an amendment to this agreement authorized by the Minneapolis City Council and executed by both parties. -The parties agree that the City of Minneapolis costs shown in Attachment B are an estimate. 6. The final City Project construction costs will be based on the unit prices in the City of Columbia Heights construction contract, the final quantities, and any amendments and change orders. All monthly progress payments to the contractor shall be made by Columbia Heights. Final contract payment shall occur only after final written acceptance of the improvements by the City authorized representative of each city. The final acceptance documentation shall include the following: 1. The Final Acceptance letter has been issued by the Engineer. 2. A written release approving final payment has been received by the Engineer and from the Contractor's Sureties. 3. Proof provided by the Contractor, subcontractors and trucking companies that they have complied with the provisions of M.S. 290.92 regarding withholding of MN State income taxes. 4. An affidavit has been received by the Engineer from the Contractor (including his subcontractors and suppliers) showing that all claims against them by reason of this Contract have been either paid or satisfactorily secured. S. The complete bound original of the Erosion Control Logs and Traffic Control Logs Minneapolis will reimburse Columbia Heights for the actual construction costs of the Minneapolis portion of the project plus 8 %. The additional 8% is for the following: design, bidding, inspection, material testing, contract administration and other administrative expenses associated with the Minneapolis portion of the project. Any costs associated with the work required for Columbia Heights portion of the project shall not be included in this reimbursement. Minneapolis shall reimburse Columbia Heights within 30 days of receiving the invoice. Columbia Heights shall manage and document these costs to Governmental Accounting Standards Board (GASB). Payment to the City of Columbia Heights will be made from the City of Minneapolis fund 04100 - 9010937-PV056. 7. Records — Availability Access. Subject to the requirements of Minnesota Statutes, Section 16C.05, Subd. 5 (as may be amended), the City of Columbia Heights agrees that 2 the State Auditor, the Legislative Auditor, the City of Minneapolis or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the City of Columbia Heights, but only to the extent that they relate to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of this Agreement and for six (6) years after its termination or cancellation. 8. Each party agrees to defend and indemnify the other, its officers, agents, and employees, for claims arising out of its conduct or resulting from. breach. of this Agreement. Nothing herein shall be deemed a waiverA y bith-er, party of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 9. Each City represents that its governing body has duly authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement will be binding as against such party. 10. This Agreement constitutes the entire agreement of the parties on the matter related hereto. This Agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. This Agreement may be simultaneously executed in several counter parts, each of which shall be any original and all of which shall constitute but one and the same instrument. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 11. This Agreement shall terminate with the expiration of the project warranties, or one year after the agreement date, whichever is later. IN WITNESS WHEREOF, the parties hereto by their authorized representatives hereunto set their hands as of the day and date first above written. CITY OF MINNEAPOLIS Approved Department Head responsible for Contract Monitoring for this contract Dated: �%j01'we 3 CITY OF COLUMBIA HEIGHTS By Donna K. Schmitt, Mayor Countersigned: w t L) Dated: T. 2S• II Finance Officer Designee Approved as to Form: By: Assistant Attor ey And by: Walter Fehst, City Manager LIST OF ATTACHMENTS Attachment A — Signed project construction plans Attachment B — Engineer's estimate — construction costs for Minneapolis portion Attachment C — Material testing requirements for work within City of Minneapolis right of way 5 Attachment B 37th Ave NE Minneapolis side- Engineer's Estimate - Construction Costs Assumptions: The project limits used for the engineer's estimate are specified in the Attachment A (Project Construction Plans) No utility work cost is included in this estimate. Utility work will be completed by City of Minneapolis forces before the start of the project. Asphalt — 2" Mill and Overly Length of project (from MPLS Street Book) =1946' Width of project - Minneapolis side =20' (from face of curb to centerline) Total estimated asphalt area: 1946 x (20 -2) = 35,028 sq ft = 3,892 sq yd 10% additional square yards to match street intersections = 389 sq yd Total asphalt =4,281 square yards Total estimated construction cost for asphalt mill and overlay: $ 85,000 Curb and gutter replacement Total estimated length of Curb & Gutter =110' Total estimated Curb &Gutter Cost = 110 x (22.47 +2.80) = $ 3,500 Pedestrian Curb Ramps replacement There will be 3 pedestrian ramps that will be replaced to meet ADA requirements. Total estimated construction price for one pedestrian ramp = $8,000 Total estimated cost for three (3) pedestrian ramps = $24,000 Total estimated costs for 37th Ave NE resurfacing= $85,000 + $3,500 + $24,000= $ 112,500 With added Contingency Costs of 10% = $11,250 Total estimated costs = $112,500 + $11,250 = $ 123,750 Design, inspection, testing and construction administration 8% cost for design, inspection, testing and construction administration (as specified in agreement) 8% x $123,750= $9,900 Total Project Estimated Costs for the Minneapolis = $135,000 Attachment C City material testing requirements for work within City of Minneapolis right of way City of Minneapolis material testing requirements for all private and non - private projects that affect the city right of way shall be performed pursuant to City of Minneapolis Standard Specifications and the Minnesota Department of Transportation ( MNDOT) 2018 Schedule of Materials Control for 2018 Standard Specifications for Construction. When performing the material testing the following order of precedence applies: 1. City of Minneapolis Standard Specifications 2. MNDOT Schedule of Materials Control. The link to the City of Minneapolis Standard Specifications is the following: http: / /www.el. minneapolis.mn.us/publicworks /plates /index.htm The link to the MnDOT Schedule of Materials Control is the following: htt : /p_ /www. dot. state .mn.us /materials /labmcs.html The Schedule of Materials Control is the absolute minimum required, with the following amendments: Soils and Aggregate Base Requirements As far as Gradation: For imported material from known sources (that are not changing as the project proceeds) such as Select Granular Borrow /Aggregate Base Class 5, the Schedule of Materials Control is adequate. If material sources change, gradations need to be conducted as specified in the specifications. As for Densities: A standard "short" City of Minneapolis block is approximately 330' centerline to centerline. The testing requirements will be based on a block system. Conduct a Sand Cone Density or Dynamic Cone Penetrometer (DCP) test at a rate of one (1) per half (' /z) block for the backfill material(as specified in 3149 Minnesota Department of Transportation ( MNDOT) - 2018 Standard Specifications for Construction). Conduct nuclear density tests at a rate of one (1) test per every one foot thickness (1') of backfill material placed per half (1/2 )block. Conduct a Dynamic Cone Penetrometer (DCP) test at a rate of one (1) per half (1/2) block of Aggregate Base placed. As for Required Proctor Testing: Proctor testing for the backfill material is conducted to correspond to the material found on site or for imported materials. Concrete Base and Curb and Gutter Requirements Slump, Air Contents and Cylinders will be performed with every concrete pour on items that will ultimately become the property of the City of Minneapolis and at the rate specified in the Schedule of Materials Control. Asphalt No asphalt testing is required if City of Minneapolis paving will place the asphalt. If a private company will place the asphalt, a full asphalt test once per day is required to be performed. The full test will include the following tests: % asphalt content — % AC, maximum density, bulk specific gravity and gradation. After the asphalt placement, mat density cores shall be performed as per 2360.13 - Minnesota Department of Transportation (MNDOT) - 2018 Standard Specifications for Construction. This is required in order to verify the compacted mat density. All tests shall be completed and if needed repeated, until a passing test is achieved. All the material testing reports shall be sent every week to Petru Vizoli via email at etru.vizoli minnea olismn. ov At the end of the project a full testing report file shall be delivered to the City of Minneapolis for the project archive and all questions shall be directed to Petru Vizoli at the above email address or at 612 - 673 -2368