Loading...
10.d2 2027 Street Improvement Project - Authorize Preparation of Plans and Specifications 14727 209th St. N., Scandia, Minnesota 55073 Phone (651) 433-2274 Fax (651) 433-5112 http://www.cityofscandia.com June 16, 2026 Honorable Mayor and City Council 14727 209th Street N Scandia, MN 55073 Re: 2027 Street Improvement Project (240th Street) Request to Authorize Preparation of Plans and Specifications Dear Mayor and Council: As part of the pavement management plan and in coordination with City Staff, we request the City Council authorize preparation of plans and specifications for the 2027 Street Improvement Project. The City budgeted a total of $595,000 for this project. This project is anticipated to cost $1,190,000 and have the costs split 50/50 between the City of Scandia and Franconia Township. As part of this authorization, we request that the City of Scandia signs the cost share agreement included at the end of this report, which has already been signed/approved by Franconia Township. This project will require geotechnical research, wetland delineations in anticipated areas of potential impact, and collection of survey in impacted areas. The extents of the project are shown on the attached location plan. Project limits will be reviewed for expansion if favorable bids are received. The anticipated project schedule is as follows: Authorize Preparation of Plans & Specifications June 16, 2026 Survey/Wetland Delineations/Soil Borings July – September, 2026 Approve Plans & Specifications/Authorize Ad for Bid January 19, 2027 Bid Opening February 10, 2027 Consider Contract Award at City Council Meeting February 16, 2027 Construction May - September 2027 Please do not hesitate to contact me with any questions regarding this project at 651-308-1491. Sincerely, Isiah Bubany, P.E. Project Engineer Enclosures: Preliminary Project Layout 1 COST SHARE AGREEMENT - 240th STREET IMPROVEMENTS This Cost Share Agreement (“Agreement”) is made and entered into as of the ___ day of ____________, 2026, by and between the City of Scandia, a Minnesota municipal corporation (“Scandia”), and the Town of Franconia, a Minnesota municipal corporation (“Franconia”). Scandia and Franconia may be referred to individually as a Party and collectively as the Parties. I. PURPOSE 1.1 Purpose. The purpose of this Agreement is to allocate costs and responsibilities between the Parties for the planning, design, and construction of improvements to 240th Street (“Project”). 1.2 Timeline. The Parties acknowledge that the Project is anticipated for construction in calendar year 2027, with design to be prepared by Bolton & Menk, Inc. (“BMI”). II. ROLES AND RESPONSIBILITIES 2.1 Fiscal Agent. Scandia shall act as the fiscal agent for the Project. 2.2 Contracting Authority. 2.2.1 Scandia will enter into professional services agreements with BMI for design and engineering services, and into contracts with the construction contractor(s) for the Project. 2.2.2 Scandia will administer the bidding and contracting processes, consistent with applicable law. 2.3 Project Management; Plan Review. 2.3.1 Scandia will coordinate design development with BMI and circulate draft plans and specifications to Franconia for review and comment at customary milestones. 2.3.2 Franconia shall provide timely written comments within [10–15] business days after receipt of submittals, and Scandia will consider all reasonable comments in good faith. 2.4 Payments to Consultant(s) and Contractor(s). Scandia will make payments on an invoicing basis to BMI and to the Project contractor(s). III. COST ALLOCATION; REIMBURSEMENT 3.1 Cost Split. The Parties will share construction and engineering costs on a 50/50 basis. 3.2 Included Costs. The 50/50 split in Section 3.1 applies to: (a) design engineering; (b) construction engineering/administration; (c) advertising and bidding costs; (d) construction contract costs including change orders approved in accordance with this Agreement; and (e) testing and inspection. 2 3.3 Excluded Costs. Each Party shall bear its own costs for: (a) internal staff or legal costs; (b) right-of-way acquisition within its jurisdiction (if applicable); (c) franchise utility relocation not included in the construction contract; and (d) betterments uniquely requested by that Party. 3.4 Invoicing and Reimbursement. Following Scandia’s payment of approved invoices to BMI and the construction contractor(s), Scandia will invoice Franconia for reimbursement of fifty percent (50%) of such costs. Franconia shall remit payment to Scandia within [45] days of invoice date. Late payments shall accrue interest at 1.5% per month. 3.5 Grants and Third-Party Funding. Any grants or third-party funding received for eligible Project costs shall be applied to reduce the Parties’ obligations pro rata, unless otherwise required by the funding source. 3.6 Change Orders. Scandia may approve change orders up to an aggregate increase of [10%] of the original contract price without prior Franconia approval, provided such changes are necessary or beneficial to the Project. Amounts exceeding that threshold require written consent of both Parties, not to be unreasonably withheld or delayed. IV. APPROVALS; GOVERNANCE 4.1 Council Approvals. The Parties acknowledge that final approval of this Agreement and related actions may require formal approval by each Party’s governing body. 4.2 Point of Contact. Each Party shall designate a project representative authorized to provide or receive notices, review submittals, and make day-to-day decisions. 4.3 Dispute Resolution. The Parties shall first confer in good faith at the staff level; if unresolved within [15] days, the dispute shall be elevated to the administrators/city engineers; if still unresolved within [30] days thereafter, either Party may pursue remedies as provided by law. V. PROCUREMENT; CONSTRUCTION ADMINISTRATION 5.1 Procurement. Scandia shall conduct bidding in compliance with applicable procurement laws and ordinances and award the construction contract to the lowest responsible bidder or as otherwise allowed by law. 5.2 Construction Administration. Scandia (with BMI) shall provide construction administration, inspection, and testing customary for comparable projects. 5.3 Access and Permits. Each Party shall provide necessary rights of entry to property it controls and obtain permits within its jurisdiction, at its own cost unless included in Section 3.1. VI. RECORDS; AUDIT 6.1 Records. Scandia shall maintain complete and accurate Project cost records, including invoices, pay applications, and change orders. 3 6.2 Audit Rights. Franconia may, upon notice and during normal business hours, inspect and copy Project cost records for a period of six (6) years after final completion and final payment. VII. SCHEDULE; DELAYS 7.1 Schedule. The Parties intend to advance the Project to support 2027 construction, subject to funding, approvals, and contractor availability. 7.2 Force Majeure. Neither Party shall be liable for delays caused by events beyond its reasonable control; the Parties shall cooperate to mitigate impacts. VIII. TERM; TERMINATION 8.1 Term. This Agreement is effective upon full execution and remains in effect until final completion, final payment, and resolution of claims, if any. 8.2 Termination for Convenience. Prior to awarding the construction contract, either Party may terminate upon [30] days’ written notice. Upon termination, Franconia shall reimburse Scandia for Franconia’s 50% share of all costs incurred through the effective date of termination, including committed obligations not reasonably cancellable. 8.3 Termination After Award. After award of the construction contract, termination may occur only by mutual written agreement or for cause. In any termination scenario, the cost allocation in Section 3 shall apply to all properly incurred and committed costs. IX. INDEMNIFICATION; INSURANCE 9.1 Indemnification. To the extent permitted by law, each Party shall be responsible for its own acts and omissions and those of its officers, employees, and agents, and shall not be responsible for the acts or omissions of the other Party. Nothing herein constitutes a waiver of any immunities, defenses, limitations, or liability caps available under Minnesota law. 9.2 Insurance. Scandia shall require the construction contractor(s) and BMI to maintain commercially reasonable insurance coverage and to name both Parties as additional insureds under contractor liability policies for ongoing and completed operations, as applicable. X. OWNERSHIP; MAINTENANCE 10.1 Ownership. Upon completion, ownership of the improved public right-of- way and facilities will remain with the respective jurisdiction(s) as determined by existing jurisdictional boundaries and applicable law. 10.2 Maintenance. Routine and long-term maintenance will be performed and funded by the jurisdiction responsible for the facility within its boundaries unless otherwise agreed in writing. 4 XI. NOTICES All notices under this Agreement shall be in writing and delivered by hand, overnight courier, or email with confirmation, to the following, or as later designated in writing: For Scandia: For Franconia: City Administrator Town Board Chair City of Scandia Town of Franconia 14727 209th Street North PO Box 175 Scandia, MN 55073 Shafer, MN 55074 Email: k.morell@ci.scandia.mn.us Email: mercmx@hotmail.com With a copy to: Amanda Johnson, Attorney Town Clerk Eckberg Lammers, P.C. Town of Franconia 1809 Northwestern Avenue PO Box 175 Stillwater, MN 55082 Shafer, MN 55074 Email: ajohnson@eckberglammers.com Email: officialtownclerk@gmail.com XII. MISCELLANEOUS 12.1 Entire Agreement. This Agreement constitutes the entire understanding regarding the subject matter and supersedes prior oral or written understandings between the Parties regarding cost sharing for the Project. 12.2 Amendments. Any amendment must be in writing and executed by both Parties. 12.3 Assignment. Neither Party may assign its rights or obligations without the other Party’s written consent. 12.4 Independent Parties. The Parties are independent public entities; no partnership, joint venture, or agency is created. 12.5 Governing Law; Venue. Minnesota law governs this Agreement. Venue lies in the state courts of Washington County, Minnesota. 12.6 Data Practices. The Parties shall comply with the Minnesota Government Data Practices Act as applicable. 12.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts and by electronic signatures, each deemed an original and all constituting one instrument. 12.8 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of this Agreement. 5 IN WITNESS WHEREOF, the Parties have hereunto set their hands the day and year first above written. CITY OF SCANDIA By: ___________________________ Steve Kronmiller, Mayor By: ___________________________ Kyle Morell, City Administrator STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this ___ day of _____________, 2026 before me, a Notary Public in for and said County and State, appeared Steve Kronmiller and Kyle Morell, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and City Administrator of the City of Scandia, by authority of the City Council of the City of Scandia, and said Mayor and City Administrator acknowledge said instrument to be the free act and deed of said City of Scandia. ________________________________________ Notary Public 6 TOWN OF FRANCONIA By: ___________________________ Owen Kuhnly, Town Chair By: ___________________________ Chuck Fitzer, Town Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this ___ day of _____________, 2026 before me, a Notary Public in for and said County and State, appeared _____________________ and ___________________, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and _____________ of the Town of Franconia, by authority of the City Council of the Town of Franconia, and said Mayor and _____________ acknowledge said instrument to be the free act and deed of said Town of Franconia. ________________________________________ Notary Public 240th St N Pickett Ave NPomroy Ave NPrimrose Ln NOlinda T r l N (CSAH 3 )Pomroy Ave NSt. Croix Trl N (TH 95)240th St N H:\SCND\_Mapping\Maps\Streets\DWG\SCND_240th Street.dwg 6/8/2026 2:23:31 PMR 240th Street N City of Scandia, MN Preliminary Project Layout June 2026 FEETSCALE 0 150 300 R COST ESTIMATE BREAKDOWN STREET NAME YEAR LENGTH (FT)UNIT PRICE ($/LF)TOTAL PROJECT COST TOTAL SCANDIA PROJECT COST 240TH STREET N 2027 8,800 $135.23 $1,190,000.00 $595,000.00 ℄ 3"-4" EXISTING BITUMINOUS FULL DEPTH RECLAMATION (24' TYP.) VARIES2.5 - 3.0% 4"-8" EXISTING GRAVEL BASE EXISTING BLVD 1.5" TYPE SP 9.5 WEARING COURSE MIXTURE (3,C) (SPWEA330C)*** 2.5" TYPE SP 12.5 WEARING COURSE MIXTURE (3,C) (SPWEB330C)** 6"-8" RECLAIMED MATERIAL TACK COAT 1-2' CLASS 2 SHOULDER EXISTING DESIGN EXISTINGDESIGN PROJECT SCOPE: 1.RECLAIM EXISTING PAVEMENT 2.REMOVE EXCESS RECLAIMED MATERIAL 3.PERFORM SUBGRADE CORRECTIONS AS DIRECTED BY ENGINEER 4.PERFORM SPOT UTILITY CORRECTIONS 5.PAVE NEW BITUMINOUS PAVEMENT - 4" THICK