2007-08-01 CC Packet Joint Otsego
~
A.!~~'!'!UL€
JOINT ALBERTVILLE OTSEGO CITY COUNCIL
AGENDA
WENSDA Y, AUGUST 1, 2007
6:30PM
1. CALL TO ORDER
2. ROLL CALL
3. CITY UPDATES - GENERAL COMMENTS ON WHAT'S HAPPENING.
4. BORDER ROAD AGREEMENTS
A. CSAH 19
B. 70TH STREET
C. MACIVER
D. 63RD STREET
E. CSAH 37
5. ADJOURNMENT
5. MacIver Avenue (north-south alignment) north of CSAH 37.
a. Scope of Project. The project is located on the east boundary of
Albertville and the boundary of Otsego between 62nd street and 70th
streets. This road was previously a rural two-lane gravel border street
between the two Cities, which in 2005 was improved by Otsego to a paved
two lane urban street with a paved trail on the east side of the street. The
MacIver section of street abutting Albertville was a small portion ofthe
overall project completed by Otsego. At the time of planning and
construction, MacIver was not on Albertville's street improvement
schedule and Otsego decided to proceed without Albertville's
participation. In 2004 and 2005 the City of Otsego through its City
Engineer developed Plans and Specifications, bid and constructed the
improvement project. The project was determined to be substantially
completed by the City ofOtsego in November of2005. The location of
MacIver Avenue and the access to it (present and future) are shown on the
attached Exhibit A).
b. Project Funding. Albertville and Otsego agree to each be responsible for
50% of the total cost of the 4,200 feet of street abutting Albertville,
excluding the trail on the east side of the roadway. The cost ofthe project
includes all project related engineering costs, including construction
observation and plans and specifications, any project related legal costs,
costs of right of way and construction costs.
c. Project Payment.. The Albertville and Otsego engineers have reviewed
all costs and have mutually determined that Albertville's share of the
project for 50% of the cost for the portion of MacIver Avenue abutting
Albertville is $466,270 representing 4,200 feet of project. Albertville
agrees to pay Otsego $466,270 within 30 days of the execution of this
agreement by the Cities.
6. CSAH 19 north of the 1-94 to 1,320 feet north of the Albertville/Otsego
border.
a. Scope of Project. This prolect shall consist of improvements to CSAH 19
from 1-94 north through 70t Street approximately 1,000 to 1,320 feet into
Otsego. The proposed CSAH 19 project includes adding turn lanes into the
Albertville Premium Outlet site and improvement to the existing 2-lane
roadway of approximately 2,800 feet in Albertville and 1,000 to 1,320 feet
in Otsego to a four lane urban section with a center median and turn lanes
meeting Mn/DOT State Aid Standards, hereinafter called the "CSAH 19
Project".
2
received by Albertville within 30 days, the invoice amounts shall accrue
interest at a rate of .5% per month. The PMT shall consult and agree on all
issues involving retainage or partial payment of requested progress
payments. All reports and correspondence related to contractor payments
or disputes shall be copied to the PMT.
e. Change Orders. Albertville shall coordinate with the PMT regarding
major change orders and shall inform and copy the PMT regarding all
change orders. Members of the PMT shall be able to submit comments to
Albertville's PMT representative regarding any change order. Albertville
shall have unilateral discretion to approve up to two (2) change orders
which have an aggregate sum of not more than 5% of the total
construction contract. In the event of a change order that exceeds 5% of
the total construction cost or more than two such change orders, both
Cities and the County must approve the change order(s). In the event of
any disagreement between the Cities and/or County relative to a proposed
change order or change orders, the PMT shall meet as soon as practicable
and make all good faith efforts to resolve the dispute in a timely manner so
as to not delay or adversely affect the project. If the parties are still unable
to agree on the change order, the County Board shall be empowered to
decide whether to approve the change order for the parties and upon doing
so, shall direct Albertville to approve the change order, disapprove the
change order, or modify the change order. In such case, Albertville shall
act upon the change order as directed by the County.
f. Construction Schedule. Construction of the CSAH 19 Project shall
occur at such time as Albertville and Wright County agree upon
commencement of the project, provided the project shall not commence
prior to January 1, 2010.
g. Project Funding. Otsego and Albertville shall each be responsible for the
project costs as prorated portion of the total cost of the project to the
respective city, less the financial contribution from the County pursuant to
the County's funding policy, which the County agrees to contribute
pursuant to such policy. Said proration of construction cost between
Albertville and Otsego shall be based upon the proportionate quantities of
materials and labor used in each City. Said proration of all other project
costs shall be based upon the proportion of construction cost allocated to
each City under this Agreement. The cost of the project includes all
project related costs, including topographic surveys, engineering plans and
specifications and construction management and construction observation,
any project related legal costs, and construction costs. In the event that the
project is discontinued for any reason, each City shall be responsible for
the project costs incurred up to the date of discontinuance as prorated to
their respective share less the County's proportionate share which is paid
pursuant to the County's funding policy.
4
Upon passage of a resolution by Albertville authorizing Otsego to award
the bid to the lowest responsible bidder, Otsego shall pass a resolution
awarding the bid to the lowest responsible bidder and Otsego shall enter
into a contract with such lowest responsible bidder. The contract shall
provide that Albertville shall be indemnified and held harmless from any
claim or cause of action related to the project. Both cities shall provide
contractors with access to necessary portions of their respective right of
way.
d. Project Management and Oversight. Otsego and its City Engineer shall
be responsible for management and oversight of the project and shall
coordinate with Albertville staff and the Albertville City Engineer to
complete the project. Otsego shall approve and make progress payments
to the contractor and consulting engineer after consultation with
Albertville and its City Engineer. Upon such progress payments to the
contractor, Otsego shall invoice Albertville for reimbursement of
Albertville's portion of the payments. Albertville shall remit its
reimbursement to Otsego within 30 days of Otsego' s invoice. If payment
is not received by Otsego within 30 days, invoice amounts shall accrue
interest at a rate of .5% per month. The two Cities shall consult and agree
on all issues involving retainage or partial payment of requested progress
payments. All reports and correspondence related to contractor payments
or disputes shall be copied to Albertville and its City Engineer.
e. Change Orders. Otsego shall coordinate with Albertville regarding
major change orders and shall inform and copy Albertville and its City
Engineer regarding all change orders. Albertville shall be able to submit
comments to Otsego regarding any change order. Otsego shall have
unilateral discretion to approve up to two (2) change orders which have an
aggregate sum of not more than 5% of the total construction contract. In
the event of a change order that exceeds 5% of the total construction cost
or more than two such change orders, both Cities must approve the change
order(s). In the event of any disagreement between the Cities relative to a
proposed change order or change orders, the Cities shall meet as soon as
practicable and make all good faith efforts to resolve the dispute in a
timely manner so as to not delay or adversely affect the project.
f. Construction Schedule. Construction of the 70th Street project is
scheduled to commence during 2007.
g. Project Funding. Albertville and Otsego shall each be responsible for
50% of the total cost of the project. The cost of the project includes all
project related engineering costs, including construction observation and
plans and specifications, any project related legal costs, and construction
costs. In the event that the project is discontinued for any reason, each
City shall be responsible for 50% of project costs incurred up to the date
6
claim or cause of action related to the project. Both cities shall provide
contractors with access to necessary portions of their respective right of
way.
f. Project Management and Oversight. Albertville and its City Engineer
shall be responsible for management and oversight of the project and shall
coordinate with Otsego staff and the Otsego City Engineer to complete the
project. Albertville shall approve and make progress payments to the
contractor and consulting engineer after consultation with Otsego and its
City Engineer. Upon such progress payments to the contractor, Albertville
shall invoice Otsego for reimbursement of Otsego' s portion of the
payments. Otsego shall remit its reimbursement to Albertville within 30
days of Albertville's invoice. Ifpayment is not received by Albertville
within 30 days, invoice amounts shall accrue interest at a rate of .5% per
month. The two Cities shall consult and agree on all issues involving
retainage or partial payment of requested progress payments. All reports
and correspondence related to contractor payments or disputes shall be
copied to Otsego and its City Engineer.
g. Change Orders. Albertville shall coordinate with Otsego regarding
major change orders and shall inform and copy Otsego and its City
Engineer regarding all change orders. Otsego shall be able to submit
comments to Albertville regarding any change order. Albertville shall
have unilateral discretion to approve up to two (2) change orders which
have an aggregate sum of not more than 5% of the total construction
contract. In the event of a change order that exceeds 5% of the total
construction cost or more than two such change orders, both Cities must
approve the change order(s). In the event of any disagreement between the
Cities relative to a proposed change order or change orders, the Cities
shall meet as soon as practicable and make all good faith efforts to resolve
the dispute in a timely manner so as to not delay or adversely affect the
project.
h. Project Funding. Albertville and Otsego shall each be responsible for
50% ofthe total cost of the road portion ofthe project abutting the two
Cities. The cost of the project includes all project related engineering
costs, including construction observation and plans and specifications, any
project related legal costs, and construction costs. In the event that the
project is discontinued for any reason, each City shall be responsible for
50% of project costs incurred up to the date of discontinuance. Each City
shall also be responsible for 50% of any costs that are incurred as a result
of the discontinuance.
1. Right of Way. The existing east/west gravel street is located 100% in
Albertville. Otsego shall pay Albertville for the total road right of way
area that would have been located in Otsego along the common border had
8
a. Any action or inaction of any party to this Agreement shall not constitute a
waiver or amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of both Albertville and Otsego's City Council
for any non-CSAH road and by the City Councils for Albertville and Otsego
and the Wright County Board for any CSAH road. Any parties' failure to
promptly take legal action to enforce this Agreement shall not be a waiver or
release.
b. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Agreement is for any reason held invalid, such decision shall not affect
the validity of the remaining portion of this Agreement.
c. Third parties shall have no recourse against either City or the County under
this Agreement.
d. The lead City on any project under this Agreement shall require that any and
all contractors working on the project shall have adequate public liability
insurance in an amount acceptable to both Cities (and the County on CSAH
projects) and with both Cities (and the County on CSAH projects) being
named as an additional insured.
e. This Agreement shall not be considered as any representation to others, or
agreement between the parties that would allow for the stacking of any
applicable insurance coverages in relation to any claim or cause of action.
f. This written Agreement is the fmal agreement between the parties and any
previous agreements either oral or in writing regarding the construction of
the street areas covered by this agreement are merged into this Agreement,
except that that agreement between Wright County and Albertville dated
[prior CSAH 19 improvement agreements for areas
solely in Albertville or involving Albertville/St. Michael portions of CSAH
19] shall remain unchanged by the terms of this Agreement.
g. This Agreement may only be amended or modified by written addendum to
this Agreement signed by both parties.
h. Except as may be specifically set out in this Agreement, each City is
responsible for acquiring necessary right of way in its jurisdiction as required
for each project. All such right of way cost shall be borne by the City in
which the right of way is located.
14. Applicable Law. This Agreement shall be construed under the laws ofthe State
of Minnesota.
10
EXHIBIT A
MacIver Avenue
EXHIBIT B
CSAH 19
EXHIBIT C
70th Street
EXHIBIT D
63rd Street
12
~'\I l 1_
~ I~~~r
. ~ ~~ D
. /~
~ ; Jl-Y,'J11~
~ I I IiYD l ~
~ I I I I ~ el, ~ '~;<;
~ ,\ \J) ~ ~~
-I III IIIIII 11 I- -7/...-Y~M } ~/'N ...J W
r=ffiEB8ffi8E~~~ ~ . ~v;: i ~
-_ III 11111111t:~ - ] ~/h-~ ~ ~
= 111111111111 11f-=":: ~I ~
~EHHE~~;~ t~ ~ ~~2 @@
~ ~~\~~ 7;!;tl/1 -t Dr ~/I II c..... .
'\ 1/ / / 1/, / --- '/.... rr-, l' L I I 11- ~ 0 z
- ~ Z 2
-~ - - ~ ~
=~ ~ 0 V I! ~~
-'-- '-- · f Z Z "tl
lIO_7 Z 22 Q)
. ~
Wa ~IJ
8' INS) ~ ~. ~ !!
. cn~.g,
'" .- &
~ d I ~~~~
'V"ii ti~<N
c aU .
Zw i 10",
~ at ;;r~g~
O c &0; .N I
= Z~o~
1-1 ~~-:::
J~ ~~~i
o ~CD~~
m ~~
c:X
o';:!
0~~
@~
~= ~~t:)W J
-- -- 1B:=1
- f-- ./r""' 1
-,- --I T 1 \ '0 \
---' -
I II T TTI I
-
~~ Ij:
~r'ir~
J-- ......
I II I \ \
~~
r--- ___
--
f---
L--
I '" 7
f--
I
~
1 ss
ss a~\
~ ~~I ~O-~ I
I
Ii/
I-
-
CD
-
J:
X
W
W
Z
w
W
0::
lii
.s::.
......
o
"
CSAH 37 JOINT ROAD IMPROVEMENT AGREEMENT BETWEEN
WRIGHT COUNTY
CITY OF OTSEGO
CITY OF ALBERTVILLE
THIS AGREEMENT, made and entered into by and between the County of
Wright, Minnesota, acting by and through its County Board of Commissioners
(the "County") and the City of Albertville, Minnesota, acting by and through its
City Council ("Albertville") and the City of Otsego, Minnesota, acting by and
through its City Council ("Otsego").
WHEREAS, a study of the transportation needs of the north east quadrant of
Wright County has been previously performed; and
WHEREAS, improvements to Wright County State Aid Highway No. 37 ("CSAH
3 7") are necessary in conjunction with the development of property in Albertville
located on the south right of way line ofCSAH 37, east and north of Interstate No.
94, and west of MacGiver/MacKenzie Avenues as shown on the attached Exhibit
, ,A (the "Morris Property"); and
WHEREAS, the parties contemplate that future improvements will be necessary
with the development of property in Otsego located on the north right of way line
ofCSAH 37, east and north of Interstate No. 94, and west of McGiver/MacKenzie
Avenues as shown on the attached Exhibit A (the "Eide Property"); and
WHEREAS, a Cooperative Agreement between the County, Albertville, and
Otsego outlines the responsibilities and financial commitments related to the
development of the Morris and Eide Properties.
NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD
THAT:
1. Albertville shall, at its expense or at the expense of the owner of the
Morris Property, construct or cause to be constructed the road
improvements shown on the attached Exhibit B. Such road
improvements shall be substantially completed by October 31,2008.
2. The parties contemplate that at some point after development of the
Morris Property commences a traffic control signal ("Traffic Control
Signal") may be needed at the intersection of CSAH 37 and the
proposed Lymon Avenue shown on Exhibit B. Anytime after the
issuance of an occupancy permit for any building on the Morris
1
l~
install, at Otsego' s expense or the expense of the owners of the Eide
Property, any road improvements to CSAH 37 or changes to the Traffic
Control Signal which Wright County determines are necessary to allow
the Eide Property to access CSAH 37 at the Lymon Avenue
intersection.
5.
Upon construction of the fourth side of the traffic signal, Otsego and
Albertville agree to each be 50% responsible for providing the
necessary electrical energy for the operation of the four-sided Traffic
Control Signal, and any electrical energy for street lights on CSAH 37
east of Interstate 94 and west of MacIver/MacKenzie Avenue. In
addition, Albertville and Otsego shall each be 50% responsible for the
cost and expense to (1) relamp the Traffic Control Signals; and (2) clean
and paint the Traffic Control Signals and cabinets; (3) provide the
maintenance on luminaries; and (4) reimburse the County for
maintaining the EVP System. (Emitter units may be installed and used
only on vehicles responding to an emergency as defined in Minnesota
Statues Chapter 169.01, Subdivision 5 and 169.03). In the event said
EVP System or components are, in the opinion of the County, being
misused or the conditions set forth herein are violated, and such misuse
or violations continues after the receipt by Albertville and Otsego of
Written notice thereof from the County, the County shall remove the
EVP System, at Albertville's and Otsego's expense.
6. Upon Completion of any portion of the Traffic Control Signal, it shall
be the County's responsibility at its cost and expense to (1) maintain the
signal controller, (2) determine the appropriate signal timing sequence,
(3) provide phone service to the controller for remote servicing, (4)
provide for replacement of poles, cabinet etc. if they should be damaged
through vehicle collision etc. (major maintenance), (5) provide
maintenance for the EVP system which costs would be reimbursed by
Albertville and/or Otsego pursuant to the terms of this Agreement.
7. Albertville and Otsego shall each indemnify, save and hold harmless the
County and all of its agents and employees of any form against any and
all claims, demands, actions or causes of action of whatever nature or
character arising out of or by reason of the execution or performance of
each party's respective work provided for herein to be performed. The
County shall indemnify, save and hold harmless Albertville and Otsego
and all of its agents and employees of any form against any and all
claims, demands, actions or causes of action of whatever nature or
character arising out of or by reason of the execution or performance of
the work provided for herein to be performed by the County.
18
3
~
11. Before this Agreement shall become binding and effective it shall be
approved by the City Council of Albertville and Otsego and it shall also
be approved by the County Board and such other officers as the law
may provide.
12. In the event that CSAH 37 is turned back to Albertville and Otsego or is
otherwise no longer a Wright County highway, the terms of this
Agreement shall no longer apply to Wright County.
IN TESTIMONY WHEREOF the parties have duly executed this
agreement by their duly authorized officers and caused their respective seals to be
hereunto affixed.
County of Wright:
City of Albertville:
Recommended for Approval:
Recommended for Approval:
City Engineer, Albertville
County Engineer
APPROVED
APPROVED
Mayor City of Albertville
Chair, County Board
County Attorney
City Attorney, City of Albertville
County Coordinator
City Clerk, City of Albertville
Date
Date
Recommended for Approval:
'2.0
5
AFFIDAVIT OF POSTING
STATE OF MINNESOTA)
) SS.
COUNTY OF WRIGHT )
Tori Leonhardt, being first duly sworn, says that on the 26th day July 2007
Jane Arnoldy posted the documents as shown on the reverse side a true copy of
each thereof at 2:20 p.m. at the Albertville City Offices in the window, at the City
of Albertville, County of Wright, State of Minnesota.
Subscribed and sworn to before me this Jlo ibday of J llly
, 2007.
~I fuv~WvvJf
Notary pubr
TORI ANN, LEONHARDT
N'OTAAY PUIUC.t,flNNESOTA
My Comm. Exp. Jan. 31,2009
M:\Public Data\City Council\Council Agendas\Affidavit of Agenda Posting format.doc