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17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
April 18, 2005
Bud Osmundson, Director of Public Works
AGENDA ITEM:
CONSIDER APPROVAL OF TWO RESOLUTIONS: (1) AUTHORIZING
FULL AND FINAL PAYMENT TO THE CITY OF SAVAGE FOR THE
BOUDIN / COMMERCE / TH 13 STREET AND UTILITY
IMPROVEMENTS, CITY PROJECT #02-05 and (2) AUTHORIZING
EXECUTION OF A MEMORANDUM OF UNDERSTANDING FOR THE
SIGNAL LIGHT MAINTENANCE AND POWER COST
RESPONSIBILITIES FOR THREE SIGNAL SYSTEMS LOCATED ON
THE PRIOR LAKE / SAVAGE BORDER.
DISCUSSION:
HISTORY
On May 6, 2002 the City entered into a Memorandum of Understanding (MOU)
with the City of Savage for the engineering design of the new State Trunk Highway
13 intersection with Boudins / Commerce including necessary utility
improvements. At the same meeting the City contracted with WSB & Associates
for the engineering design. On May 19, 2003, the City entered into a Cooperative
Agreement with the City of Savage for the construction of the proposed
improvements, with Savage taking the lead contracting position. Savage awarded
a contract to Valley Paving, Inc. for the project.
The project is now complete and Savage has made the final payment to the
contractor, Valley Paving. The purpose of this agenda item is to authorize the full
and final payment to the City of Savage for the Prior Lake portion of the project and
to execute another Memorandum of Understanding with the City of Savage for the
signal light maintenance and power costs for three signal systems on the Prior Lake
/ Savage border.
ISSUES
1. Final Payment: The original M OU for t he engineering design o f t he project
called for the costs to be split on an equal basis between the cities, with Prior
Lake taking the lead contracting position with WSB, the design consultant. The
City of Prior Lake paid out $121,858.46 in design engineering and soil boring
invoices.
The Cooperative Agreement detailed how the construction costs were to be
split, with Savage taking the lead contracting position for the construction phase
of the project. The original construction contract amount was $3,600,157.70.
The final contract amount was $3,598,078.65. Savage also was responsible for
construction engineering and testing services and paid out a total of
$352,651.54 for ~c~,~~flake.com
Phone 952.440.9675 / Fax 952.440.9678
The City of Prior Lake's total financial responsibility for the project totals
$1,829,114.72. The City of Savage had paid Prior Lake $22,615 during the
design phase and Prior Lake had paid Savage $1,638,664 for the construction
based on the estimate. Therefore, the balance due from the City of Prior Lake
to the City of Savage is $78,257.26 as detailed on the attached Project Cost
Summary.
All work under the contract has been completed in accordance with the
contract. All punch list items have been completed and any additional repairs
will be covered under the project warranty.
.
Signal Maintenance Agreement: Both Cities approved the standard M nDOT
Signal Agreement for the project prior to the construction. MnDOT requires
that only one City sign the agreement and that they enter into separate
agreements with a partnering City. Savage entered into the MnDOT agreement.
The MnDOT agreement states that the City is responsible for the signal light
power costs and minor maintenance of the signal system.
In previous years, Savage had entered into two similar agreements (also
approved by Prior Lake) for the signal systems at County Highway 42 and
Rutgers and at CH 42 and TH 13, which are located on our common border. At
this time Savage is requesting that Prior Lake enter into an agreement with
Savage to share in the electrical power and maintenance costs for these two
systems and the newest signal system at Boudin/Commerce/TH 13. The
attached MOU defines the costs whereby Prior Lake would be responsible for ½
of the power and maintenance costs for the CH 42/Rutgers and TH
13/Boudin/Commerce signal systems, but only be responsible for ¼ of the costs
for the TH 13/CH 42 signal system. This seems appropriate since Prior Lake is
on ½ of the two signals, but only occupies 1/4 of the land at the CH 42/TH 13
intersection. Savage would be the lead agency in these agreements and invoice
Prior Lake appropriately.
CONCLUSION
It is staff's recommendation to approve the final payment as requested and to enter
into the MOU with the City of Savage for the signal light maintenance.
FISCAL IMPACT:
The final payment mount of $ 78,257.26 should come from the Collector Street
Fund as all previous payments have. Now that the project is finaled out, Prior Lake
can request Municipal State Aid funds for the final amount held by the State until
the completion of the project.
ALTERNATIVES: There are three alternatives for the City Council to consider:
1. Approve two Resolution: (1) Authorizing full and final payment to the City of
Savage in the amount of $78,257.26 for the Boudin / Commerce / TH 13 Street and
Utility Improvements, City Project //02-05, and (2) Authorizing execution of a
Memorandum of Understanding for the electrical power and maintenance costs for
three signal systems.
U:\Osmundson~Street System~BoudinsCommerceXAgenda Items~genda final payment & MOU & Reso.doc
2. Deny this item for a specific reason and provide staff with direction.
3. Table this item until some date in the future.
RECOMMENDED
MOTION:
REVIEWED BY:
A motionf~ and seci~, approve the Alternative No. 1.
U:\OsmundsonXStreet SystemkBoudinsCommerce~genda Items~genda final payment & MOU & Reso.doc
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 0$-XX
RESOLUTION AUTHORIZING FULL AND FINAL PAYMENT TO
THE CITY OF SAVAGE FOR TI-IE BOUDIN/COMMERCE/Ttt 13 PlIOJECT
(CITY PROJECT NO. 02-05)
MOTION BY:
SECOND BY:
WHEREAS, The cities of Savage and Prior Lake had previously entered into a Memorandum of
Understanding for the engineering design for the Boudin/Commerce/TH 13
improvement project, City Project No. 02-05, and
. . .
WHEREAS, In May 2003, the cities entered into a Cooperative Agreement for the construction
of the proposed improvements, and
WHEREAS, The Contractor h as i n a 11 respects completed t he contract for the project and the
City Engineer recommends acceptance of the project and final payment of the
contract, and
WHEREAS, The City of Prior Lake's total responsibility for the project is $1,829,114.72, and
WHEREAS, The City of Prior Lake had previously paid out $1,750,857.46 to contractors and the
City of Savage for project costs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA,
1. The recitals set forth above are incorporated herein.
2. Full and final payment is hereby authorized to be made to the City of Savage in the amount of
$78,257.26 which shall come from the Collector Street Fund.
Passed and adopted this 18th day of April 2005.
YES NO
Fleming Fleming
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zeiska Zeiska
Frank Boyles, City Manager
www.cityofpriorlake.com
Phone 952.440.9675 / Fax 952.440.9678
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 0$-XX
RESOLUTION AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SAVAGE
FOR SIGNAL SYSTEM MAINTENANCE
MOTION BY:
SECOND BY:
WHEREAS, The cities of Savage and Prior Lake had previously caused to be constructed three
signalized intersections on the corporate boundaries of the two communities, and
WHEREAS, The two cities have identified an equitable means of sharing the costs of the
maintenance of thc three signal systems, and
WHEREAS, The costs are to be allocated as follows: · County Highway 42 and Rutgers- one half each
· County Highway 42 and TH 13 - three quarters Savage and
one quarter Prior Lake
· TH 13 and Boudin / Commerce - one half each, and
WHEREAS, The cities of Savage and Prior Lake desire to memorialize this financial agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA,
1. The recitals set forth above are incorporated herein.
.
The Mayor and City Manager are authorized to execute the attached Memorandum of
Understanding for the maintenance of signal systems at Boudin/Commerce/TH 13, CH 42 and
Rutgers, and TH 13 and CH 42.
Passed and adopted this 18th day of April 2005.
YES NO
Fleming Fleming
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zeiska Zeiska
Frank Boyles, City Manager
www.cityofpriorlake.com
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Phone 952.440.9675 / Fax 952.440.9678
TH13/Boudin/Commerce Project Summary
A. Costs:
City of Savage
City of Prior Lake
Project Cost Rems
Construction (detailed split)
Design Engineering (50/50)
Construction Engineering (50/50)
Construction Testing/Advanced Funding (50/50)
Soil Borings (50/50)
Subtotal (Each City's Responsibility)
$2,012,693.92
$60,929.23
$153,994.09
$22,331.68
$6,475.00
$2,256,423.92
$1,585,384.72
$6O,929.23
$153,994.09
$22,331.68
$6,475.00
$1,829,114.72
B. Prior Lake Project Payments:
Previously Paid to Savage
Design Engineering (Paid by PL)
Soil Borings (Paid by PL)
Subtotal
$1,638,664.00
$121,858.46
$12,950.00
$1,773,472.46
Savage Previously Paid to Prior Lake
($22,615.00)
Balance Due Savage
$78,257.26
X:\Osmundson\thl 3 bouldin commerce project summary.doc
MEMORANDUM OF UNDERSTANDING
REGARDING THE RESPONSIBILITIES FOR THE POWER AND MAINTENANCE
COSTS FOR THREE SIGNAL SYSTEMS LOCATED ON THE BORDERS
Between
City of Savage
and
City of Prior Lake
This Memorandum of Understanding ("Agreement") made and entered into on this 18th day of April,
2005, by and between the City of Savage Minnesota, a public body corporate and politic organized under
the laws of the State of Minnesota and the City of Prior Lake, Minnesota, a public body corporate and
politic organized under the laws of the State of Minnesota.
WlTNESSETH:
WHEREAS, for many years the City of Savage and the City of Prior Lake have been partners in public
improvements on the mutual border on County State Aid Highway 42 (CSAH 42) and State Trunk
Highway 13 (TH 13) in an effort to enhance public safety and increase economic development
opportunities in both communities; and
WHEREAS, in 2003 the City of Savage and the City of Prior Lake agreed that major roadway
improvements were needed to TH 13, between CSAH 42 and Boudins Street and that as part of the
improvements a new signal on TH 13 between Commerce Avenue and Boudins Street aligning with
South Park Avenue was constructed; and
WHEREAS, in prior years the City of Savage and the City of Prior Lake agreed that signal lights were
necessary on CSAH 42 at Rutgers Street, plus at the intersection of TH 13 and CSAH 42; and
WHEREAS, standard Scott County and/or Minnesota Department of Transportation Department Traffic
Control Signal Agreements were entered into on all three of these intersection improvement projects; and
WHEREAS, in their standard agreements both the County and State require that Cities are required to pay
for the electrical power costs for the signals and street lighting and the ongoing maintenance costs of these
three signal systems; and
WHEREAS, the City of Savage currently pays all of the power costs and is responsible for the
maintenance costs of these three (3) traffic control signals.
WHEREAS, the City of Savage and the City of Prior Lake mutually agree that they shall share in the
power and maintenance costs of these three (3) traffic control signals.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and understandings of the parties
hereto, the parties agree as follows:
The City of Savage and the City of Prior Lake shall split equally the electrical power and
maintenance costs for the signal systems at:
U:\Osmundson~Street System~BoudinsCommerceXPower Cost MOU 03-05.doc
Memorandum of Understanding between
City of Savage and City of Prior Lake
· CSAH 42 and Rutgers Street
· TH 13 and Commerce Avenue/Boudin Street/South Park Avenue
.
The City of Savage and the City of Prior Lake shall split the electrical power and maintenance
costs for the CSAH 42/TH13 signal system with the City of Savage responsible for three quarters
of the costs and the City of Prior Lake one fourth of the costs.
o
The City of Savage shall serve as a lead agency in paying for the electrical power costs and
invoice the City of Prior Lake annually for these costs. The City of Prior Lake will pay their
appropriate share of these costs within 30 days of the receipt of the Savage invoice.
The Cities shall mutually agree to proceed with major capital maintenance improvements only
atter agreement has been reached in April prior to the year of the scheduled capital maintenance
improvements which allows time for budgetary fimelines. Emergency improvements will be
completed after discussing with the appropriate Staff of the two cities
o
The parties agree to proceed in good faith in the completion of the duties pursuant to the
understanding set forth herein.
IN WITNESS THEREOF, the parties have executed this Agreement the day and year first above written.
CITY OF SAVAGE:
CITY OF PRIOR LAKE
By: By:
Thomas M. Brennan, Mayor
By: By:
Jack Haugen, Mayor
Barry Stock, City Administrator Frank Boyles, City Manager