HomeMy WebLinkAbout2018-28752018 -2875
JOINT POWERS AGREEMENT
37" AVENUE NE IMPROVEMENTS
MAIN STREET NE TO 5" STREET N
Mum
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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.
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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
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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
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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
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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