2006-06-06 CC Joint Albert-Otsego Agenda PacketA,Ibertvillc. ft Oty Uts.
JOINT ALBERTVILLE OTSEGO COMMITTEE MEETING AGENDA
June 6, 20006
5:00 P.M. Workshop Meeting called to Order
CSAH 19 (I-94 ramps north)
70t" Street Improvement (CSAH 19 to MacIver)
MacIver
iOld MacIver
CSAH 37
0
Otsego Boarder Road Agreement Summary
• June 6, 2006
1. CSAH 19 North Project
a. Scope: I-94 to approximately 1500 feet north of 70th Street
b. Three party agreement (Albertville, Otsego and Wright County)
c. Albertville to designed, constructs project
d. Both Cities pay for their share of the costs in their respective city less the
county's share based on their cost share formula
e. Both cities may carry the County share of the cost for up to five years
f. Method of financing include assessments, development agreement proceeds
municipal state aid, general levy or capital street funds.
g. Construction schedule: ASAP 2006-07
2. 70th Street
a. Scope: CSAH 19 to MacIver
b. Albertville to design and construct
c. Cost will be split 50/50 between the two cities
d. Method of financing: Primarily funded by developers through previous
agreements with some minor municipal state aid, general levy or capital
street funds.
e. Construction schedule: ASAP 2006-07
f. Future maintenance via a Maintenance Agreement with each city paying it's
respective share based on city front footage
3. MacIver
a. Scope: Already completed by Otsego
b. Albertville to pay $487,000
c. Future maintenance via an Maintenance Agreement with each city paying
it's respective share based on city frontage
d. Otsego to pay 50% of a trail if Albertville decides it is necessary
e. Method of financing: Developer fees through development agreement, SAC
fees and general levy
4. Old MacIver
a. Scope: Albertville Sewer Plant east to MacIver
b. Albertville to design and construct, as we need to include utilities
c. Current alignment is 100% in Albertville
d. Albertville and Otsego to equally share the cost of the street based on City
frontage
e. Road can be constructed 100% in Albertville with Otsego pay for 50% of the
right of way or provide right of way for realignment. Discount is provided
for cash payment at 70% to encourage current alignment.
f. Future maintenance via a Maintenance Agreement with each city paying
Istheir respective share based on city front footage
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g. Construction schedule: Based on development (when either city has
development the other will agree to proceed
5. CSAH 37
a. Scope: I-94 ramp to 1300 feet east of MacIver
b. Cost share based on City front footage
c. Method of financing: Joint City, County, developer fees through developer
agreement, general levy, with the Cities carrying the County's cost for up to
5 years.
d. Future maintenance: County
e. Construction schedule: Based on development
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TO: City Council
FROM: Larry R. Kruse
DATE: March 13, 2006
RE: CSAH 19 through 701h Street
EXECUTIVE SUMMARY:
The attached Agreement outlines the terms to improve CSAH 19 through 701h Street to a four
lane urban section with turn lanes. Albertville is to be the lead agency with the improvement
being completed as soon as possible. The Agreement is a three party agreement between the City
of Albertville, City of Otsego and Wright County. The two Cities propose to construct the street
in advance of the County's schedule and thus will provide some interim financing for the
County. Both Cities will pay their proportionate share of the project based on the amount of
construction in their jurisdiction. Wright County will pay their share based on the Wright County
Highway Department's County Road funding policy.
Estimated costs are as follows:
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CSAH 19 & 70th Street
Preli inary Cost Estimate, September 7, 2005
CSAH 19
CSAH 19
70th
Total
South of
North of
Street
70th Street
70th
East &
(Mall north)
Street
'West of
(1,100
CSAH 19
feet)
(800
feet)
Jurisdiction
Albertville
$560,000
$365,700
$925,700
31.5%
Otsego
$237, 600
$365, 700
$603, 300
20.5%
Wright County
$988,000
$422,400
$1,410,400
48.0%
$1,548,000
$660,000
$731,400
$2,939,400
100.0%
Wright County
Payment to
Albertville 15 Year
Amortization
$93,584
Wright County
Payment to Otsego
15 Year
Amortization
$40,010
CSAH 19 designed to a four lane roadway with left and right turn lanes. 70th Street is designed as a two
lane with left and right turn lanes. Traffic signal would be planned for sometime in the future, with
underground installed now.
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DRAFT- FEB 14, 2005, Edited February 22, 2006 at Joint Staff Meeting
AGREEMENT BETWEEN THE CITY OF OTSEGO AND THE CITY OF
ALBERTVILLE AND WRIGHT COUNTY
REGARDING
IMPROVEMENTS TO CSAH 19 NORTH OF THE ALBERTVILLE PRIEMIUM
OUTLET THROUGH 70'" STREET APPROXIMATELY 1100 FEET NORTH INTO
OTSEGO
AGREEMENT entered into this day of , 2006 between the City of
Otsego ("Otsego'), a municipal corporation organized under the laws of the State of
Minnesota; the City of Albertville ("Albertville"), also a municipal corporation organized
under the laws of the State of Minnesota and Wright County, a County Government
organized under the laws of the State of Minnesota. For purposes of this Agreement,
Otsego and Albertville may also be collectively described as "the Cities" and the Wright
County as "County." The City of Otsego, the City of Albertville, and Wright County shall
all designate one representative from each community, to serve on a Project Management
Team, her after referred to as "PMT".
Scope of Project. This Agreement shall identify the roles and responsibilities of Otsego,
Albertville and Wright County as they relate to improvements to CSAH 19 from the
Albertville Premium Outlet Mall north through 70' Street approximately 1,320 feet into
Otsego. The proposed CSAH 19 project includes improvement to the existing 2-lane
roadway of approximately 2,800 feet in Albertville and 1,320 feet in Ostego to a four
lane urban section with a center median and turn lanes meeting Mn/DOT State Aid
Standards, hereinafter called the "improvement project" or "project".
2. CSAH 19 Street Plans and Specifications. Albertville shall be the lead Government
Unit for the project, and it shall, through its City Engineer complete the Plans and
Specifications to be used for purposes of bidding the improvement project. The
Albertville City Engineer shall provide copies of the completed Plans and Specifications
at least thirty (30) days prior to presentation to both City Councils and the County Board
for approval for purposes of review and comment. Both Cities and the County shall
approve the Plans and Specifications and authorize the bidding for the project prior to the
time such advertisement is published.
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3. Awarding of Bid. Upon receipt of bids, the Albertville City Engineer shall provide the
bids and related calculations to the Otsego and Wright County Engineer for review prior
to award of bid. In the event that issues are raised by either City or the County relative to
responsiveness of a bid or responsibility of a bidder they shall be resolved by mutual
agreement prior to awarding of a bid. Albertville, Otsego and the County shall all pass
Resolutions Awarding Bid and Authorizing Project to Proceed. Albertville shall be the
party who enters into the contract with the lowest responsible bidder. The contract shall
provide that Otsego and the County, along with Albertville shall be indemnified and held
harmless from any claim or cause of action related to the project. Both cities and the
County shall provide to the contractor access as necessary to portions of their respective
right of way.
4. Project Management and Oversight. Albertville and its City Engineer shall be
responsible for management and oversight of the project and shall coordinate with the
PMT to complete the project. Albertville shall approve and make progress payments to
the contractor after consultation with the PMT. Upon such progress payments to the
contractor, Albertville shall invoice Otsego and the County for reimbursement of their
portion of the payments. Otsego and the County shall remit its reimbursement to
Albertville within 30 days of receipt of said invoice. If payment is not 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 revolving retainage or partial
payment of requested progress payments. All reports and correspondence related to
contractor payments or disputes shall be copied to the PMT.
5. 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.
6. Construction Schedule. Construction of the CSAH 19 project is scheduled to
commence in late 2006. This Agreement shall remain in effect until December 31, 2010.
7. 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, in which the
County agrees to contribute the required amount. 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, costs of right of way and construction costs. In the event that the project is
discontinued for any reason, each City shall be responsible for the project costs incurred
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up to the date of discontinuance as prorated to their respective share less the County's
proportionate share pursuant to the County's funding policy.
8. County Option to Finance. In the event, the Cities decide to construct the project in
advance of when the County has this section of CSAH 19 scheduled for construction, the
City of Albertville and Otsego agree to pay 100% of the County's respective share in
their city and hold those cost without interest until the year the County has the project
scheduled, but no later than year ending 2009. To select this option, the County Board
must upon approving the award of the bid in paragraph 3, declare the County's intent to
have the cities provide interim financing for the County. If the County selects the cities
financing option, the County then agrees to pay Albertville and Otsego the County's
share within 30 days of the date when the State of Minnesota normally sends the
County's Municipal State Aid in 2010.
7. Disagreements and Contested Issues. In the event of a disagreement or contested issue
arising from this Agreement or progress of the project, the PMT agree that every effort
will be made to resolve such issues between themselves prior to initiating the
involvement of any third -parties. If the matter cannot be resolved between the parties
both Cities and County agree to proceed to mediation in order to resolve the dispute with
all mediation related costs split evenly between the parties. In the event that the dispute
cannot be resolved through mediation, the two parties will agree upon a third party who
will hear all issues involved in the dispute and shall render a decision. All three parties
will be bound by this decision and shall equally divide the costs related to the rendering
of the decision. If the matter in dispute is more than $50,000.00 the decision may be
appealed to District Court.
9. Miscellaneous.
a. Any action or inaction of Otsego, Albertville or the County 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 Otsego City Council, Albertville's City
Council and the County Board. Either City's failure or the County's 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.
Third parties shall have no recourse against either City or County under this
Agreement.
d. Albertville shall hold Otsego and the County, its agents, officers and
employees harmless from any and all claims or causes of action related to the
project, except of claims or causes of action based solely upon the negligence
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of Otsego and the County, including all costs incurred as a consequence of
• such claim or cause of action, including professional fees, costs,
disbursements and attorney's fees.
e. Albertville shall require that any and all contractors or subcontractors working
on the project shall have adequate public liability insurance in an amount
acceptable to both Cities and the County with both Cities and the County
being named as an additional insured.
f 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 coverage's in relation to any claim or cause of action.
g. This written Agreement is the final agreement between the parties and any
previous agreements either oral or in writing are merged into this Agreement.
h. This Agreement may only be amended or modified by written addendum to
this Agreement signed by the three parties.
10. Applicable Law. This Agreement shall be construed under the laws of the State of
Minnesota.
11. Term of Agreement. This Agreement shall be in effect from the date of execution until
December 31, 2010.
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ADOPTED this day of March, 2006 by the Otsego City Council.
• IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Larry Fournier, Mayor
Judy Hudson, City Clerk
Adopted this _day of March, 2006 by the Albertville City Council.
0 IN FAVOR:
OPPOSED:
CITY OF ALBERTVILLE
Don Peterson, Mayor
Bridget Miller, City Clerk
0
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0 Adopted this day of March 2006 by the Wright County Board
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IN FAVOR:
OPPOSED:
WRIGHT COUNTY
Karla Heeter, Chair
Richard Norman, County Administrator
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TO: City Council
FROM: Larry R. Kruse
DATE: March 13, 2006
RE: 701h Street
EXECUTIVE SUMMARY:
The attached Agreement outlines the terms to develop 701h Street to a two lane rural section
street, scheduled as an interim improvement to a future four lane urban street scheduled seven to
ten year from now. Albertville is to be the lead agency with the improvement being completed as
soon as possible. Albertville and Otsego will each pay 50% of all costs.
Estimated costs were earlier identified by S.E.H. as noted by option 1 below.
SEH
TO:
FROM
DATE:
RE:
MEMORANDUM
Larry Kruse
City Administrator
Robert Moberg, PE
Project Manager
February 1, 2005
Albertville, Minnesota
70th Street Corridor - Construction Cost Options
SEH No. A-ALBEV0506.00 14.00
At the request of City staff, I have developed construction cost estimates for installation of a
paved roadway in 701h Street between CSAH 19 and Maciver Avenue. Construction cost
estimates were prepared for four options.
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12
aOption 1— Construction of a Two -Lane Rural Roadway on the Existing Gravel Road
Width of the bituminous surface would be 36 feet, allowing for two 12-foot travel lanes with 6-
foot paved shoulders. A 2-foot gravel shoulder would also be installed on both sides. Typical
section would be 4 inches of bituminous on 4 inches of Class 5. Without knowing the thickness
of the existing gravel surface, it is estimated an additional 4 inches of Class 5 would be adequate
to provide the desired strength for a 7-ton roadway. It is assumed the existing roadbed is wide
enough to support a 36-foot wide surface.
Option 2 — Construction of a 10-ton Two -Lane Rural Roadway
Width of bituminous would be 44 feet, allowing for two 12-foot travel lanes with 10-foot paved
shoulders. Typical section would be 6 inches of bituminous on 12 inches of Class 5 on 18 inches
of Class 3. To build this section, the existing road core would be removed.
Option 3 — Construction of a Two -Lane Urban Roadway with Curb and Gutter to City Standards
for a City Street
Street width would be 36 feet from curb face to curb face. Typical section would be 5.5 inches of
bituminous on 8 inches of Class 5 on 18 inches of Class 3. Storm sewer would be installed
throughout the corridor.
Option 4 — Construction of a Two -Lane Urban Roadway to County Standards
Street width would be 44 feet from curb face to curb face. Typical section would be 6 inches of
bituminous on 12 inches of Class 5 on 18 inches of Class 3. Storm sewer would be installed
isthroughout the corridor.
Estimated construction cost for the four options is summarized below.
Option Estimated Cost")
1 $422,000
2 $1,114,000
3 $1,336,000
4 $1,471,000
(1) Includes 10% construction contingency.
Please call me if you have any questions.
tlo
•
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DRAFT February 17, 2006, Edited February 22, 2006 at a Joint Staff Meeting
AGREEMENT BETWEEN THE
CITY OF OTSEGO AND THE
CITY OF ALBERTVILLE REGARDING
IMPROVEMENTS TO 70T" STREET
AGREEMENT entered into this day of , 2005 between the City of
Otsego ("Otsego'), a municipal corporation organized under the laws of the State of
Minnesota, and the City of Albertville ("Albertville"), also a municipal corporation
organized under the laws of the State of Minnesota. For purposes of this Agreement,
Albertville and Otsego may also be collectively described as "the Cities."
2. Scope of Project. This Agreement shall identify the roles and responsibilities of
Albertville and Otsego as they relate to improvements to 701h Street, a rural, two-lane,
border street between the two Cities. The proposed project is located on that segment of
70th Street between CSAH 19 and MacIver Avenue. The project involves subgrading and
installing asphalt surfacing within the existing right of way. It is contemplated that this
improvement project is an interim improvement and that 70th Street will be entirely
reconstructed within five to ten years from the date of execution of this Agreement, at
which time the Cities agree to mutually seek funding from County, State or Federal for
the expansion of 701h Street to a four -lane minor arterial street (The City of Otsego shall
be the lead Government Unit for the ultimate expansion to four (4) lanes). The Otsego
Creek control structure will be set at 17.4 cubic feet per second.
70th Street Plans and Specifications. Albertville shall be the lead Government Unit for
the project, and it shall, through its City Engineer complete the Plans and Specifications
to be used for purposes of bidding the improvement project. The Albertville City
Engineer shall provide copies of the completed Plans and Specifications at least fourteen
(14) days prior to presentation to both City Councils for approval for purposes of review
and comment. Both Cities shall approve the Plans and Specifications and authorize the
bidding for the project prior to the time such advertisement is published.
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4. Awarding of Bid. Upon receipt of bids, the Albertville City Engineer shall provide the
. bids and related calculations to the Otsego City Engineer for review prior to award of bid.
In the event that issues are raised by either City relative to responsiveness of a bid or
responsibility of a bidder they shall be resolved by mutual agreement prior to awarding of
a bid. Albertville and Otsego shall both pass Resolutions Awarding Bid and Authorizing
Project to Proceed. Albertville shall be the party who enters into the contract with the
lowest responsible bidder. The contract shall provide that Otsego 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.
•
5. 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. If
payment 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
revolving 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.
6. 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.
Construction Schedule. Construction of the 701" Street project is scheduled to
commence during 2006. This Agreement shall remain in effect until December 31, 2007.
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, costs of right of way 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.
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•
8. Disagreements and Contested Issues. In the event of a disagreement or contested issue
arising from this Agreement or progress of the project, the Cities agree that every effort
will be made to resolve such issues between themselves prior to initiating the
involvement of any third -parties. If the matter cannot be resolved between the parties
both Cities agree to proceed to mediation in order to resolve the dispute with all
mediation related costs split evenly between the parties. In the event that the dispute
cannot be resolved through mediation, the two parties will agree upon a third party who
will hear all issues involved in the dispute and shall render a decision. Both parties will
be bound by this decision and shall equally divide the costs related to the rendering of the
decision. If the matter in dispute is more than $50,000.00 the decision may be appealed to
District Court.
io. Miscellaneous.
a. Any action or inaction of either Otsego or Albertville 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.
Either City's failure to promptly take legal action to enforce this Agreement
shall not be a waiver or release.
c. 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.
d. Third parties shall have no recourse against either City under this Agreement.
e. Albertville shall hold Otsego its agents, officers and employees harmless from
any and all claims or causes of action related to the project, except of claims
or causes of action based solely upon the negligence of Otsego, including all
costs incurred as a consequence of such claim or cause of action, including
professional fees, costs, disbursements and attorney's fees.
f Albertville shall require that any and all contractors or subcontractors working
on the project shall have adequate public liability insurance in an amount
acceptable to both Cities and with both Cities being named as an additional
insured.
g. 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.
h. This written Agreement is the final agreement between the parties and any
previous agreements either oral or in writing are merged into this Agreement.
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i. This Agreement may only be amended or modified by written addendum to
. this Agreement signed by both parties.
•
C�
11. Applicable Law. This Agreement shall be construed under the laws of the State of
Minnesota.
12. Term of Agreement. This Agreement shall be in effect from the date of execution until
December 31, 2006.
ADOPTED this day of March, 2006 by the Otsego City Council.
OPPOSED:
CITY OF OTSEGO
Larry Fournier, Mayor
Judy Hudson, City Clerk
Adopted this _day of March, 2006 by the Albertville City Council.
IN FAVOR:
OPPOSED:
CITY OF ALBERTVILLE
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• Don Peterson, Mayor
Bridget Miller, City Clerk
C.
is
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TO: City Council
FROM: Larry R. Kruse
DATE: March 13, 2006
RE: MacIver North of CSAH 37
EXECUTIVE SUMMARY:
The attached Agreement outlines the terms to reimburse the City of Otsego for construction of
MacIver. The proposed Agreement states that Albertville will pay Otsego $486,934.50 upon
signing the Agreement. Being there is a trail on Otsego side of the street, Otsego agrees to fund
50% of the cost of a trail in Albertville should the Albertville City Council chooses to construct
one. Each City shall be responsible for 50% of the maintenance based on a to be adopted
. maintenance agreement.
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DRAFT February 17, 2006, Edited February 22, 2006 at Joint Staff Meeting
AGREEMENT BETWEEN THE
CITY OF OTSEGO AND THE CITY OF ALBERTVILLE
REGARDING IMPROVEMENTS TO MACIVER AVENUE
AGREEMENT entered into this day of , 2005 between the City of
Albertville ("Albertville"), a municipal corporation organized under the laws of the State of
Minnesota, and the City of Otsego ("Otsego"), also a municipal corporation organized
under the laws of the State of Minnesota. For purposes of this Agreement, Albertville and
Otsego may also be collectively described as "the Cities."
3. Scope of Project. This Agreement shall identify the roles and responsibilities of
Albertville and Otsego as they relate to improvements to MacIver Avenue, 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 proposed project is located on east boundary of Albertville and the west boundary of
Otsego between 62nd street and 70th street.
4. History. In 2004, the City of Otsego proceeded unilaterally to develop plans and
specifications, bid and construct MacIver Avenue, which is located on the border of the
two communities with the MacIver street portion off -centered to the east in the City of
Otsego. The MacIver section of street abutting Albertville was a small portion of the
overall project completed by Ostego. 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. Now in 2006, the City of Albertville is agreeing to
pay 100% of the street frontage abutting Albertville conditioned on Otsego agreeing that
if a trail is determined to be needed by Albertville on west side of MacIver, Otsego will
agree to pay 50% of the cost, as Albertville paid 50% of the cost of the trail on the east
side of MacIver in Otsego.
4. MacIver Plans and Specifications, Bidding and Construction. In 2004 and 2005 the
is City of Otsego through its City Engineer developed Plans and Specifications; bid and
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constructed the improvement project. The project was determined to be substantially
completed by the City of Otsego on November of 2005.
5. 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. The cost of the 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.
6. Project Payment. The total cost of the Otsego construction project is determined to be
$2,885,000 representing approximately 26,610 feet of project. 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 abutting Albertville is
$486,934.50 representing 4,200 feet of project. Albertville hereby agree to pay Otsego
$486,934.50 within 30 days of the signing this agreement.
7. Future Trail Project. Otsego agrees to pay 50% of the cost of a trail on the west side of
MacIver, if and when the Albertville City Council votes in the affirmative that a trail is
necessary. Otsego agrees to pay Albertville within 30 days of substantial completion of
the trail project.
8. Street Maintenance. The cities each agree to pay for 50% of the cost of future regular
maintenance of the street. Maintenance includes snow plowing, mowing, striping, crack
filling, seal coating and ultimate overlaying or rebuilding. Such street maintenance shall
• be regulated by a supplemental street maintenance agreement executed
contemporaneously with this agreement.
•
9. Disagreements and Contested Issues. In the event of a disagreement or contested issue
arising from this Agreement or construction of the project, the Cities agree that every
effort will be made to resolve such issues between themselves prior to initiating the
involvement of any third -parties. If the matter cannot be resolved between the parties
both Cities agree to proceed to mediation in order to resolve the dispute with all
mediation related costs split evenly between the parties. In the event that the dispute
cannot be resolved through mediation, the two parties will agree upon a third party who
will hear all issues involved in the dispute and shall render a decision. Both parties will
be bound by this decision and shall equally divide the costs related to the rendering of the
decision. If the matter in dispute is more than $50,000.00 the decision may be appealed to
District Court.
t i. Miscellaneous.
a. Any action or inaction of either Otsego or Albertville 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.
Either City's failure to promptly take legal action to enforce this Agreement
shall not be a waiver or release.
Draft DRAFT Draft DRAFT Draft 21
d. 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.
e. Third parties shall have no recourse against either City under this Agreement.
f. Otsego shall hold Albertville its agents, officers and employees harmless from
any and all claims or causes of action related to the project, except of claims
or causes of action based solely upon the negligence of Otsego, including all
costs incurred as a consequence of such claim or cause of action, including
professional fees, costs, disbursements and attorney's fees.
g. Albertville shall require that any and all contractors or subcontractors working
on the project shall have adequate public liability insurance in an amount
acceptable to both Cities and with both Cities being named as an additional
insured.
h. 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.
i. This written Agreement is the final agreement between the parties and any
previous agreements either oral or in writing are merged into this Agreement.
j. This Agreement may only be amended or modified by written addendum to
this Agreement signed by both parties.
12. Applicable Law. This Agreement shall be construed under the laws of the State of
Minnesota.
13. Term of Agreement. This Agreement shall be in effect from the date of execution until
December 31, 2006.
ADOPTED this day of March, 2006 by the Otsego City Council.
IN FAVOR:
• WGUM
Draft DRAFT Draft DRAFT Draft 22
CITY OF OTSEGO
•
Larry Fournier, Mayor
Judy Hudson, City Clerk
Adopted this _day of March, 2006 by the Albertville City Council.
IN FAVOR:
OPPOSED:
CITY OF ALBERTVILLE
•
Don Peterson, Mayor
Bridget Miller, City Clerk
•
Draft DRAFT Draft DRAFT Draft 23
TO: City Council
FROM: Larry R. Kruse
DATE: March 13, 2006
RE: Old MacIver, Future 63`d Street
EXECUTIVE SUMMARY:
The attached agreement allows either Albertville or Otsego to direct the start of the project based
on development. The City of Albertville will be the lead agency because we need to install
utilities and Otsego will only need the street. The cost will be prorated based on front footage.
Otsego has the option to provide the right of way for the street and realign the street or to pay
• Albertville 70% of the market value of the land and keep the current alignment. We believe it is
in everyone's interest to keep the current alignment, however that is yet to be determined. Future
maintenance will also be prorated based on a maintenance agreement.
Estimated costs are listed below. Note that the land Wright County was interested in will be the
responsibility of the City.
Prope *
Improvement
Existing
Otsego
Wright County
City of
Total Cost
Businesses
Property
(420,)
Albertville
(600')
(900')
(1,080')
Street &
Restoration
$77,178
$115,767
$54,025
$138,930
$385,900
Sanitary Sewer
$18,660
$0.00
$13,062
$33,578
$65,300
Watermain
$17,742
$0.00
$12,419
$31,939
$62,100
Storm Sewer
$14,340
$21,510
$10,038
$25,812
$71,700
Total
$127,920
$137,277
$89,544
$230,259
$585,000
Draft DRAFT Draft DRAFT Draft 24
•
•
DRAFT February 17, 2006, Edited February 22, 2006 at Joint Staff Meeting
AGREEMENT BETWEEN THE CITY OF OTSEGO AND THE CITY OF
ALBERTVILLE REGARDING
IMPROVEMENTS TO 63rd STREET (OLD MACIVER SOUTH OF ALBERTVILLE
SEWAGE PONDS)
AGREEMENT entered into this day of , 2005 between the City of
Albertville ("Albertville"), a municipal corporation organized under the laws of the State of
Minnesota, and the City of Otsego ("Otsego'), also a municipal corporation organized
under the laws of the State of Minnesota. For purposes of this Agreement, Albertville and
Otsego may also be collectively described as "the Cities."
5. Scope of Project. This Agreement shall identify the roles and responsibilities of
Albertville and Otsego as they relate to improvements to 63rd Street formerly known as
MacIver, a rural, two-lane, border street between the two Cities. The proposed project is
located on that segment of 63rd Street south of Albertville sewage treatment plant to the
newly constructed and realigned MacIver Avenue. The project involves subgrading and
installing asphalt surfacing to be centered on the existing right of way.
6. Construction schedule or timing of the project. The project immediately contemplated
to take place, and will be triggered or schedule for construction when either Albertville or
Otsego have development abutting the project and formally request the project.
7. 63rd Street Plans and Specifications. Albertville shall be the lead Government Unit for
the project, and it shall, through its City Engineer or another Engineer acceptable to both
Cities, complete the Plans and Specifications to be used for purposes of bidding the
improvement project. The Albertville City Engineer shall provide copies of the
completed Plans and Specifications at least fourteen (14) days prior to presentation to
both City Councils for approval for purposes of review and comment. Both Cities shall
approve the Plans and Specifications and authorize the bidding for the project prior to the
time such advertisement is published.
Draft DRAFT Draft DRAFT Draft 25
8. Awarding of Bid. Upon receipt of bids, the Albertville City Engineer shall provide the
bids and related calculations to the Otsego City Engineer for review prior to award of bid.
In the event that issues are raised by either City relative to responsiveness of a bid or
responsibility of a bidder they shall be resolved by mutual agreement prior to awarding of
a bid. Albertville and Otsego shall both pass Resolutions Awarding Bid and Authorizing
Project to Proceed. Albertville shall be the party who enters into the contract with the
lowest responsible bidder. The contract shall provide that Otsego 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.
9. 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. If
payment 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
revolving 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.
10. 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.
9. Project Funding. Albertville and Otsego shall each be responsible for 50% of the total
cost of the 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, costs of right of way 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.
10. Right of Way. The existing east/west gravel street is located 100% in Albertville.
Albertville agrees to grant Otsego one of two options as follows: 1) Otsego will provide
the right of way to realign and center the street on the boundary or 2) Otsego may elect to
Draft DRAFT Draft DRAFT Draft 26
pay Albertville for 40 feet of the right of way and then 100% of the street would be
. located in Albertville. In selecting the payment option, Otsego would pay to have the land
appraised or if the land is sold agree to pay Albertville seventy percent (70%) of the
appraised value or sales price within 90 days of selection of this option.
•
11. Street Maintenance. The cities agree to pay for 50% of the future regular maintenance
of the joint portion of the street. Maintenance includes snow plowing, mowing, striping,
crack filling, seal coating and ultimate overlaying or rebuilding. Such maintenance shall
be regulated by a supplemental maintenance agreement which shall be executed
contemporaneously with this agreement.
12. Disagreements and Contested Issues. In the event of a disagreement or contested issue
arising from this Agreement or progress of the project, the Cities agree that every effort
will be made to resolve such issues between themselves prior to initiating the
involvement of any third -parties. If the matter cannot be resolved between the parties
both Cities agree to proceed to mediation in order to resolve the dispute with all
mediation related costs split evenly between the parties. In the event that the dispute
cannot be resolved through mediation, the two parties will agree upon a third party who
will hear all issues involved in the dispute and shall render a decision. Both parties will
be bound by this decision and shall equally divide the costs related to the rendering of the
decision. If the matter in dispute is more than $50,000.00 the decision may be appealed to
District Court.
13. Miscellaneous.
Any action or inaction of either Otsego or Albertville 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.
Either City's failure to promptly take legal action to enforce this Agreement
shall not be a waiver or release.
2. 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.
3. Third parties shall have no recourse against either City under this Agreement.
Albertville shall hold Otsego its agents, officers and employees harmless from
any and all claims or causes of action related to the project, except of claims
or causes of action based solely upon the negligence of Otsego, including all
costs incurred as a consequence of such claim or cause of action, including
professional fees, costs, disbursements and attorney's fees.
Draft DRAFT Draft DRAFT Draft 27
5. Albertville shall require that any and all contractors or subcontractors working
19 on the project shall have adequate public liability insurance in an amount
acceptable to both Cities and with both Cities being named as an additional
insured.
6. 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.
7. This written Agreement is the final agreement between the parties and any
previous agreements either oral or in writing are merged into this Agreement.
8. This Agreement may only be amended or modified by written addendum to
this Agreement signed by both parties.
14. Applicable Law. This Agreement shall be construed under the laws of the State of
Minnesota.
15. Term of Agreement. This Agreement shall be in effect from the date of execution until
December 31, 2006.
ADOPTED this day of March, 2006 by the Otsego City Council.
1N FAVOR:
OPPOSED:
CITY OF OTSEGO
Larry Fournier, Mayor
Judy Hudson, City Clerk
•
Draft DRAFT Draft DRAFT Draft 28
0 Adopted this _day of March, 2006 by the Albertville City Council.
1N FAVOR:
OPPOSED:
CITY OF ALBERTVILLE
Don Peterson, Mayor
Bridget Miller, City Clerk
•
Draft DRAFT Draft DRAFT Draft 29
•
TO:
City Council
FROM:
Larry R. Kruse
DATE:
March 13, 2006
RE:
CSAH 37 north of I-94
EXECUTIVE SUMMARY:
The attached Agreement outlines the terms to improve CSAH 37 to a four lane urban section
with turn lanes. Albertville is to be the lead agency with the improvement being completed as
soon as possible. The Agreement is a three party agreement between the City of Albertville, City
of Otsego and Wright County. The two Cities propose to construct the street in advance of the
County's schedule and thus will provide some interim financing for the County. Both Cities will
pay their proportionate share of the project based on the amount of construction in their
jurisdiction. Wright County will pay their share based on the Wright County Highway
Department's County Road funding policy.
Estimated costs have not been determined and would need to be done in a feasibility study.
Draft DRAFT Draft DRAFT Draft 30
L1
DRAFT- FEBRUARY 22, 2006 Joint Staff Meeting
AGREEMENT BETWEEN THE CITY OF OTSEGO AND THE CITY OF
ALBERTVILLE AND WRIGHT COUNTY
REGARDING IMPROVEMENTS TO CSAH 37 NORTH OF I-94 1,000 FEET EAST
BEYOND THE INTERSECTION OF MACIVER AVENUE PARTIALLY IN THE CITY
OF OTSEGO AND ALBERTVILLE
AGREEMENT entered into this day of , 2006 between the City of
Otsego ("Otsego'), a municipal corporation organized under the laws of the State of
Minnesota; the City of Albertville ("Albertville"), also a municipal corporation organized
under the laws of the State of Minnesota and Wright County, a County Government
organized under the laws of the State of Minnesota. For purposes of this Agreement,
Otsego and Albertville may also be collectively described as "the Cities" and the Wright
County as "County." The City of Otsego, the City of Albertville, and Wright County shall
all designate one representative from each community, to serve on a Project Management
Team, her after referred to as "PMT".
11. Scope of Project. This Agreement shall identify the roles and responsibilities of Otsego,
Albertville and Wright County as they relate to improvements to CSAH 37 from I-94
north and easterly 1000 feet beyond MacIver Avenue. The proposed CSAH 37 project
includes improvement to the existing 2-lane roadway of approximately 2,800 feet to a
four lane urban section with turn lanes meeting Mn/DOT State Aid Standards, hereinafter
called the "improvement project" or "project".
10. CSAH 37 Street Plans and Specifications. Albertville shall be the lead Government
Unit for the project, and it shall, through its City Engineer complete the Plans and
Specifications to be used for purposes of bidding the improvement project. The
Albertville City Engineer shall provide copies of the completed Plans and Specifications
at least thirty (30) days prior to presentation to both City Councils and the County Board
for approval for purposes of review and comment. Both Cities and the County shall
approve the Plans and Specifications and authorize the bidding for the project prior to the
time such advertisement is published.
5. Awarding of Bid. Upon receipt of bids, the Albertville City Engineer shall provide the
0 bids and related calculations to the Otsego and Wright County Engineer for review prior
Draft DRAFT Draft DRAFT Draft 31
to award of bid. In the event that issues are raised by either City or the County relative to
responsiveness of a bid or responsibility of a bidder they shall be resolved by mutual
agreement prior to awarding of a bid. Albertville, Otsego and the County shall all pass
Resolutions Awarding Bid and Authorizing Project to Proceed. Albertville shall be the
party who enters into the contract with the lowest responsible bidder. The contract shall
provide that Otsego and the County, along with Albertville shall be indemnified and held
harmless from any claim or cause of action related to the project. Both cities and the
County shall provide to the contractor access as necessary to portions of their respective
right of way.
6. Project Management and Oversight. Albertville and its City Engineer shall be
responsible for management and oversight of the project and shall coordinate with the
PMT to complete the project. Albertville shall approve and make progress payments to
the contractor after consultation with the PMT. Upon such progress payments to the
contractor, Albertville shall invoice Otsego and the County for reimbursement of their
portion of the payments. Otsego and the County shall remit its reimbursement to
Albertville within 30 days of receipt of said invoice. If payment is not 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 revolving retainage or partial
payment of requested progress payments. All reports and correspondence related to
contractor payments or disputes shall be copied to the PMT.
7. 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.
10. Construction Schedule. Construction of the CSAH 37 project is scheduled to
commence as early as 2006. This Agreement shall remain in effect until December 31,
2010.
11. Project Funding. Otsego and Albertville shall each be responsible for Fifty percent of
the project costs less the financial contribution from the County pursuant to the County's
funding policy, in which the County agrees to contribute the required amount. 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, costs of right of way 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 pursuant to the County's funding policy.
Draft DRAFT Draft DRAFT Draft 32
12. County Option to Finance. In the event, the Cities decide to construct the project in
advance of when the County has this section of CSAH 37 scheduled for construction, the
City of Albertville and Otsego agree to pay 100% of the County's respective share in
their city and hold those cost without interest until the year the County has the project
scheduled, but no later than year ending 2009. To select this option, the County Board
must upon approving the award of the bid in paragraph 3, declare the County's intent to
have the cities provide interim financing for the County. If the County selects the cities
financing option, the County then agrees to pay Albertville and Otsego the County's
share within 30 days of the date when the State of Minnesota normally sends the
County's Municipal State Aid in 2010.
16. Disagreements and Contested Issues. In the event of a disagreement or contested issue
arising from this Agreement or progress of the project, the PMT agree that every effort
will be made to resolve such issues between themselves prior to initiating the
involvement of any third -parties. If the matter cannot be resolved between the parties
both Cities and County agree to proceed to mediation in order to resolve the dispute with
all mediation related costs split evenly between the parties. In the event that the dispute
cannot be resolved through mediation, the two parties will agree upon a third party who
will hear all issues involved in the dispute and shall render a decision. All three parties
will be bound by this decision and shall equally divide the costs related to the rendering
of the decision. If the matter in dispute is more than $50,000.00 the decision may be
appealed to District Court.
0 12. Miscellaneous.
0
a. Any action or inaction of Otsego, Albertville or the County 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 Otsego City Council, Albertville's City
Council and the County Board. Either City's failure or the County's failure to
promptly take legal action to enforce this Agreement shall not be a waiver or
release.
e. 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.
f Third parties shall have no recourse against either City or County under this
Agreement.
g. Albertville shall hold Otsego and the County, its agents, officers and
employees harmless from any and all claims or causes of action related to the
project, except of claims or causes of action based solely upon the negligence
of Otsego and the County, including all costs incurred as a consequence of
Draft DRAFT Draft DRAFT Draft 33
0
such claim or cause of action, including professional fees, costs,
disbursements and attorney's fees.
h. Albertville shall require that any and all contractors or subcontractors working
on the project shall have adequate public liability insurance in an amount
acceptable to both Cities and the County with both Cities and the County
being named as an additional insured.
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 coverage's in relation to any claim or cause of action.
j. This written Agreement is the final agreement between the parties and any
previous agreements either oral or in writing are merged into this Agreement.
k. This Agreement may only be amended or modified by written addendum to
this Agreement signed by the three parties.
13. Applicable Law. This Agreement shall be construed under the laws of the State of
Minnesota.
14. Term of Agreement. This Agreement shall be in effect from the date of execution until
December 31, 2010.
Draft DRAFT Draft DRAFT Draft 34
ADOPTED this day of March, 2006 by the Otsego City Council.
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Larry Fournier, Mayor
Judy Hudson, City Clerk
Adopted this _day of March, 2006 by the Albertville City Council.
IN FAVOR:
OPPOSED:
CITY OF ALBERTVILLE
Don Peterson, Mayor
Bridget Miller, City Clerk
•
Draft DRAFT Draft DRAFT Draft 35
0 Adopted this day of March 2006 by the Wright County Board
•
•
IN FAVOR:
OPPOSED:
WRIGHT COUNTY
Karla Heeter, Chair
Richard Norman, County Administrator
Draft DRAFT Draft DRAFT Draft 36