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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 3TTH AVE NE avENF A�E� UJ LU r�atLYWoov a W19 a m m - 36TH AVE NE - " 36TH AVE NE 0 a z a >., z U 3 N 36TH AVE NE 35TH AVE NE UJ m v x 34TH AVE NE 34TH AVE NE f z 34TF4 AVE NE � N I J 7 LL S 33RD AVE NE 33RD AVE NE W W Z Z W Z W 2 W Z W W Z Z W Z W Z W = W W W Z Z N f N w f J N w QZ w w J pm z 2 0 U) 9 m O 2 m Q 32ND AVE NE Z = Y W F g � Z ZG d a w v F" 0 O Z m g y 31STAVE NE 30TH AVE NE Project Location Updated January 28, 2020 N /_Qil