HomeMy WebLinkAbout2021-4025Contract # 2021-4025
COOPERATIVE AGREEMENT FOR THE ADMINISTRATION AND
DIVSION OF COSTS ASSOCIATED WITH:
37TH AVENUE NE RECONSTRUCTION FROM CENTRAL AVENUE TO
STINSON BOULEVARD WITHIN THE CITIES OF MINNEAPOLIS AND
COLUMBIA HEIGHTS
FINAL ENGINEERING DESIGN PLANS DEVELOPMENT_
THIS AGREEMENT, made and entered into this 18 day of Au ust, 2021 by and
between the City of Minneapolis, a home rule charter city, acting by and through its City
Council (hereinafter "Minneapolis"), and the City of Columbia Heights, Minnesota, a
municipal corporation (hereinafter "Columbia Heights").
WHEREAS, Minneapolis and Columbia Heights share a common boundary and desire to
undertake street and storm sewer improvements on 37th Avenue from Central Avenue to
Stinson Boulevard (hereinafter collectively the "37th Avenue Reconstruction Project"); and,
WHEREAS, the streets in Minneapolis and Columbia Heights that are to be included in
the 37th Avenue Reconstruction Project are named and depicted in the attached Exhibit A to this
Agreement; and,
WHEREAS, the word "Improvements" as stated and used in this Agreement shall mean
Final Engineering Design PLAN DEVELOPMENT for the 37th Avenue Reconstruction Project
improvements including a fully signed and approved construction plan set and specifications
based on the joint Cities of Minneapolis and Columbia Heights Council approved layout,
developing and submitting project memorandum to MnDOT, developing and submitting Level
III MNDOT Geometric Layout, stormwater management report, engineering cost estimates,
Easement Acquisitions, Utility Coordination, water resources permitting, agency coordination
and agreements, prepare bid package for bidding, and Construction support during construction
and all other cost and work items described herein; 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, ; and
WHEREAS, the total costs for the Improvements shall be shared by Minneapolis and
Columbia Heights in accordance with the terms of this Agreement.
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:
SECTION A: PROJECT SUMMARY
1. The Improvements and financing shall be performed in accordance with the
terms of this Agreement, the requirements of Minnesota Statutes, Chapter 429 and/or the Charter
of the City of Minneapolis, Section 9.6(c), and the Charter of the City of Columbia Heights and
each City's respective codes, policies, and regulations.
2. Minneapolis shall act as the lead agency under the terms of this Agreement.
The scope includes Project Final Engineering Design Development to a 100% stage and includes
preparing 60%, 90%, 100% plans and engineering cost estimates, prepare bid package, and
construction support administrated by Minneapolis. Final Engineering Design Project
development shall be prepared in a form that includes the development of a detailed construction
cost estimate that allocates project costs to each party.
3. Final engineering design for water and sanitary sewer improvements will be the
responsibility of the City whose system is being improved. For example, Minneapolis water
main improvements will be developed by the City of Minneapolis to its design standards.
Columbia Heights water main improvements will be developed by the City of Columbia Heights
to its design standards.
4. Final engineering design to 100% plan stage for street, storm sewer and
pedestrian improvements, green storm infrastructure, signals, and street and pedestrian lightings
shall be shared equally by Minneapolis and Columbia Heights. Any final project development
work performed relating to City utilities (sanitary sewer or water main) under this agreement
shall be borne by the respective City.
5. All progress payments to the engineer for the project final engineering design
work shall be reviewed and agreed upon by both a Minneapolis and Columbia Heights project
representative prior to release of payment. Final payment shall occur only after acceptance of the
final signed plans and specifications by the City of Minneapolis and the City of Columbia
Heights.
6. Minneapolis shall invoice Columbia Heights for reimbursement of Columbia
Heights' portion of the costs of the Improvements in accordance with this Agreement.
SECTION B: COST ALLOCATION
7. Final Design Costs
a. Each party will pay their share of final design costs for the
Improvements as outlined below. The final design costs of the Improvements shall include, but
not be limited to the following: roadway design; drainage design; lighting and signal design;
pedestrian, bicycle and transit details (including ADA design and retaining walls); street scape
design (including stormwater BMPs and street trees); state aid variance requests and
coordination; coordinating ROW needs; permitting private and public utilities; stakeholder
coordination; agency coordination; supplemental survey as needed; utility coordination; right-
of-way acquisition; railroad coordination and design; corridor renderings and streetscape
visualizations for two concepts; green stormwater infrastructure and streetscape design;
stormwater BMP memo laying out GSI design requirements; preliminary GSI calculations to
achieve water quality and quantity requirement; signal justification reports; federal DCP
checklist and associated forms, certificate and requests; project memorandum, level 3 MnDOT
geometric layout, 60% Design plans and construction estimate; 90% Design plans and
engineers estimate, final design plans, specifications and engineer's estimate; final stormwater
management report, constructability review; state aid and federal aid requirements;
construction phasing and sequencing; review and coordination of bid provisions and award
compliance with MnDOT; coordination bidding documents with both cities staffs; assisting
with pre -bid conference, tracking and providing answers to questions from potential bidders;
generating addenda if required, prepare and submit permit applications; prepare final bid
documents, bid summary and tabulations; construction support: answering design questions
that come up during construction; attend construction meetings scheduled by City of
Minneapolis construction team; attend necessary field meetings as appropriate to assist with
unforeseen issues, provide storm, signal and lighting shop drawings reviews.
b. Minneapolis will contract the final design services with an engineering
consulting firm, Short Elliot Hendrickson Inc. (SEH) will invoice the City of Minneapolis
directly for this work. SEH Agreement is attached as Exhibit 'B'. Minneapolis shall invoice
Columbia Heights for its share of the Final Design Costs in accordance with this Agreement.
8. Street Storm SeNver. and GSI: Each party will pay 50% of the street, storm
sewer, and green storm infrastructure (GSI) final engineering design costs.
9. Street Lightings and Signals: Each party will pay 50% of the street lightings
and signals final engineering design costs.
10. Pedestrian and Bicycle Faci itie& Each party will pay 50% of the final
engineering design plan of the sidewalk and bicycle and pedestrian trail improvements costs.
11. Right-of-way acuuisitiQn: Each party will pay 50% of the right of way
acquisitions costs.
12. Sewer and Water Utility (if includedt: Each party will pay their own separate
design costs for the sanitary sewer and water main utility plan development for their respective
municipalities.
13. Bid -ding" Each party will pay 50% of preparing bid documents, pre bid
conference, and generating addendum, if required.
14. Construction Support: Each party will pay 50% the construction support as
needed during construction.
15. Upon execution of this Agreement, Minneapolis shall invoice Columbia Heights
for its percentage of all costs incurred, and Columbia Heights will pay the invoice within thirty
days of receipt.
16. In the event the City of Minneapolis staff determines the need to amend the Final
design contract with a change order which results in an increase in the contract amount for the
Project, the City of Columbia Heights hereby agrees to remit within thirty (30) days of
notification by the City of Minneapolis of said change the estimated City of Columbia Heights
share as documented in the supplemental agreement or change order.
SECTION C: NOTICES, INDEMNIFICATION, AND OTHER MISCELLANEOUS
PROVISIONS
17. Authority. 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.
18. Miscellaneous Provisions. 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. The parties agree to with all laws, ordinances and
regulations of Minnesota applicable to this Agreement and the construction of the Improvements.
This Agreement shall be construed in accordance with the laws of the State of Minnesota.
19. Limitations. This Agreement is not intended to and shall not create rights of
any character whatsoever in favor of any person, corporation, association or entity other than the
parties to this Agreement and their successors and assigns, and the obligations herein assumed
are solely for the use and benefit of the parties to this Agreement and their successors and
assigns.
20. Nonwaiver. If either party waives any default or non-performance by the other
party in writing, such waiver shall be deemed to apply only to such event and shall not waive any
other prior or subsequent default.
21. Indemnification. 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 waiver by either party of the limitations on
liability set forth in Minnesota Statutes, Chapter 466.
22. Notices. Any notices or correspondence required to be given under this
Agreement or any statute or ordinance shall be in writing and shall be deemed to be given if
delivered personally or mailed postage -prepaid by certified mail, return receipt requested:
a. As to Minneapolis:
b. As to Columbia Heights
City of Minneapolis
Public Service Building
505 4th Ave S-RM 410
Minneapolis, MN 55415
ATTN: Alebel Mehari
City of Columbia Heights
637 38th Avenue NE
Columbia Heights, MN 55421
ATTN: Kevin Hansen, City
Engineer
or at such other address as either party may, from time to time, notify the other in writing in
accordance with this paragraph.
23. Contract Administration. To the degree permitted by state law, Columbia Heights
designates Minneapolis as its representative authorized to act on Columbia Heights's behalf with
respect to this Agreement.
24. Preamble and Recitals. The preamble and recitals set forth on page one of this
Agreement are incorporated into and made a part of this Agreement.
25. Paragraph and Section Headings. The paragraph and section headings used in this
Agreement have no legal significance and are used solely for convenience of reference.
26. Records — Availability/Access. Subject to the requirements of Minnesota
Statutes, Section 16C.05, Subd. 5 (as may be amended), each party agrees that the State Auditor,
the Legislative Auditor, Minneapolis, Columbia Heights, 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, 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.
27. Termination. This Agreement shall terminate with the expiration of the project
warranties, or one year after the agreement date, whichever is later.
[The remainder of this page is intentionally blank.]
The parties being in agreement, have caused this document to be executed as follows --
FOR THE CITY OF MINNEAPOLIS:
Approved as to Form by. -
Signature:
Assistant City Attorney — Jocelyn E. Bremer
Signature:
Department Head (or Designee) Authorized to Sign this Contract and/or Responsible for
Administering and Monitoring Contract
Signature:
Finance Officer or Designee/Purchasing Agent
IN TESTIMONY WHERE OF, the City of Columbia Heights has caused this
Agreement to be executed the day and year first above written.
CITY OF COLUMBIA HEIGHTS:
Approved by:
VAM
Marquez Simula, Mayor Date
Approved by:
Kelli Bourgeo K,, City Manager Date
EXHIBIT A
PROJECT LOCATION MAP OF STREETS TO BE INCLUDED IN PROJECT
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