HomeMy WebLinkAbout6.g. MnDOT Cooperative Construction Agreement – Civic Campus Connector Trail, City Project 441 SROSENV4OLINT1T EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: September 4, 2012
AGENDA ITEM: MnDOT Cooperative Construction AGENDA SECTION:
Agreement— Civic Campus Connector Consent
Trail, City Project 441
PREPARED BY: Phil Olson, PE, Assistant City Engineer AGENDA NO. (0,
ATTACHMENTS: Resolution; Letter from MnDOT; APPROVED BY:
Agreement
1.70
RECOMMENDED ACTION: Motion to Adopt a Resolution Authorizing Entering into an
Agreement with the Minnesota Department of Transportation for the Civic Campus
Connector Trail Improvements, City Project 441, and Authorizing the Necessary
Signatures.
BACKGROUND:
The Minnesota Department of Transportation (MnDOT) has requested that the City execute a
Cooperative Construction Agreement for the Civic Campus Connector Trail project along Trunk Highway
3 (TH 3). This agreement provides for maintenance by the City for trail construction to be performed
upon, along and adjacent to TH 3 from Connemara Trail to 140`h Circle. This agreement is an integral part
of the project and is necessary for work to continue as scheduled.
The Agreement has been reviewed by the City Attorney.
SUMMARY:
Staff recommends Council adoption of the resolution authorizing the execution of the agreement.
G:AENGPROJ\441\20120904 CC Maintenance Agreement with MNDOT.docx
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2012 -
A RESOLUTION AUTHORIZING ENTERING INTO AN AGREEMENT
WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION
FOR THE CIVIC CAMPUS CONNECTOR TRAIL IMPROVEMENTS
CITY PROJECT 441
BE IT RESOLVED that the City of Rosemount enter into Mn/DOT Agreement No. 01956 with
the State of Minnesota Department of Transportation for the following purposes:
To provide for maintenance by the City for Trail Improvement construction to be performed upon,
along and adjacent to Trunk Highway No. 3 from Connemara Trail to 140'Circle within the
corporate City limits under State Project NO. 1921-93.
BE IT FURTHER RESOLVED that the Mayor and the City Clerk are authorized to execute the
Agreement and any amendments to the Agreement.
ADOPTED this 4t"day of September,2012.
William FL Droste,Mayor
Al'1'EST:
Amy Domeier,City Clerk
CERTIFICATION
I hereby certify that the foregoing is a true and correct copy of a resolution presented to and
adopted by the City Council of Rosemount at a duly authorized meeting thereof,held on the 4th day
of September,2012 as disclosed by the records of said City in my possession.
(SEAL)
Subscribed and sworn to before me
this 4`h day of September,2012
Notary Public Amy Domeier,City Clerk
My Commission Expires_1-31-2015_
(Notary Stamp)
�� " °r, Minnesota Department of Transportation
e Metro District
Office of State Aid Telephone: 651-234-7776
41. f 1500 West County Rd B2 phillip.bergem @state.mn.us
� '►� Roseville, MN 55113-3174
August 22, 2012
Mr. Phil Olson, Assistant City Engineer
City of Rosemount
2875— 145th Street West
Rosemount, MN 55068
RE: Proposed Cooperative Construction Agreement No. 01956
Between the City of Rosemount and the State of Minnesota
S.P. 1921-93 (T.H. 3)
T.H. 3 at Connemara Trail to 140th Circle in the City of Rosemount
S.A.P. 208-010-008
City Project C112-11-3B
City Maintenance of T.H. 3 Bikeway
Dear Mr. Olson:
Transmitted herewith in triplicate is a proposed agreement with the City of Rosemount. This
agreement provides for City maintenance of the T.H. 3 Bikeway on T.H. 3 at Connemara Trail to
140th Circle.
Kindly present this agreement to the City Council for their approval and execution, which includes
original signatures of the City Council authorized City officers, on the three copies of the
agreement. Also required are three original copies of a resolution passed by the City Council
authorizing its officers to sign the agreement in its behalf. A suggested form of such resolution is
enclosed. A fourth copy of the agreement is provided for your use until you receive a "fully
executed" copy.
Please return the three original signed copies of the agreement and resolution, once they have
been executed by the City. A copy will be returned to the City when fully executed.
Please contact me if you have any questions or additional comments by telephone at 651-234-
7776 or by e-mail at phillip.bergemCc�state.mn.us
incerely
Phillip Bergem, P.E.
Cooperative Agreements Engineer
Metro District, State Aid
An Equal Opportunity Employer
,1„„
Mr. Phil Olson
Assistant City Engineer
August 22, 2012
Page 2
Enclosures: Proposed Agreement and Resolution (3+1)
cc: Sheila Kauppi, MnDOT-Metro Program Delivery *
Maryanne Kelly-Sonnek, MnDOT-Municipal Agreements *
David Sheen, MnDOT-Metro Traffic Engineering *
Tom Koob, Waters Edge Office, RTMC Building *
Chris Kufner, MnDOT-Metro Materials *
Barb Loida, MnDOT-WRE *
Lisa Daniels, MnDOT-Metro State Aid *
Buck Craig, MnDOT-Metro Permits *
Phil Olson, City of Rosemount (electronic copy and mailed copy)
Nick Hentges, WSB &Associates, Inc. *
Project File
* Electronic copy only (hard copies available upon request)
o solq
ys Minnesota Department of Transportation
r4 Memo
F TRP
Office of Project Management and Technical Support Office Tel: (651) 366-4634
Cooperative Agreements Unit Fax: (651) 366-4769
Mail Stop 682, Room 618
395 John Ireland Boulevard
St. Paul, MN 55155
August 20, 2012
To: Phillip Bergem
Metro Cooperative Agreements Engineer
From Maryanne Kelly-Sonnek S\1
Municipal Agreements Engineer
Subject: Proposed Maintenance Agreement No. 01956
City of Rosemount
S.P. 1921-93 (T.H. 3)
City maintenance of T.H. 3 bikeway
Transmitted herewith in triplicate is a proposed agreement with the City of Rosemount. This
agreement provides for City maintenance of T.H. 3.
Present this agreement to the City Council for their approval and execution that includes
original signatures of the City Council authorized City officers on the three copies of the
agreement. Also required are three original copies of a resolution passed by the City Council
authorizing its officers to sign the agreement on its behalf. A suggested form of such
resolution is enclosed.
The executed agreements and resolutions (three originals of each) should be forwarded to this
office as soon as possible. A copy will be returned to the City when fully executed.
Please send me a copy of your letter transmitting the agreement to the City for approval.,
cc: Lisa Daniels
File
Mn/DOT Contract No: 01956
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF ROSEMOUNT
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number (SP): 1921-93 Original Amount Encumbered
Trunk Highway Number (TH): 3 $0.00
State Aid Number (SAP): 208-010-008
City Project Number: C112-11-3B
This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation("State")and
City of Rosemount acting through its City Council/Board of Commissioners("City").
Recitals
1. The City will perform grading,bituminous trail and appurtenant construction and other associated
construction upon, along and adjacent to Trunk Highway No. 3 from Connemara Trail to 140th Circle
according to City-prepared plans, specifications and special provisions designated by the City as C112-11-3B
and by the State as State Project No. 1921-93 (T.H. 3)("Project"); and
2. The City requests the State allow the construction of a modular block retaining wall,vinyl fence and a plate
beam guardrail and the State is willing to allow said construction; and
3. The City agrees to accept all responsibilities and obligations, and provide maintenance and repair of the
bikeways, modular block retaining wall,vinyl fencing and plate beam guardrail placed within State Right-of-
Way; and
4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining and improving the trunk highway system.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration date.This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation,the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance
by the City; 8. Liability;Worker Compensation Claims; Insurance; 10. State Audits; 11. Government Data
Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure,
1.4. Plans,Specifications,Special Provisions. City plans, specifications and special provisions designated by
the City as Cl 12-11-3B and by the State as State Project No. 1921-93 (T.H. 3)are on file in the office of the
City's Engineer and incorporated into this Agreement by reference. ("Project Plans")
2. Right-of-Way Use
2.1. Limited Right to Occupy. The State grants to the City(and its contractors and consultants)the right to
occupy trunk highway right-of-way as necessary to perform the work described in the Project Plans. This
right is limited to the purpose of constructing the project, and administering such construction,and may be
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Mn/DOT Contract No: 01956
revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy
includes,but is not limited to,breaching the terms of this or any other agreement(relevant to this project)
with the State,failing to provide adequate traffic control or other safety measures, failing to perform the
construction properly and in a timely manner,and failing to observe applicable environmental laws or terms
of applicable permits. The State will have no liability to the City(or its contractors or consultants) for
revoking this right of occupancy.
2.2. State Access;Suspension of Work;Remedial Measures. The State's District Engineer or assigned
representative retains the right to enter and inspect the trunk highway right-of-way(including the
construction being performed on such right-of-way) at any time and without notice to the City or its
contractor. If the State determines (in its sole discretion)that the construction is not being performed in a
proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with,
or that traffic control or other necessary safety measures are not being properly implemented,then the State
may direct the City(and its contractor)to take such remedial measures as the State deems necessary. The
State may require the City(and its contractors and consultants)to suspend their operations until suitable
remedial action plans are approved and implemented. The State will have no liability to the City(or its
contractors or consultants) for exercising its rights under this provision.
2.3. Traffic Control; Worker Safety. While the City(and its contractors and consultants)are occupying the State
right-of-way,they must comply with the approved traffic control plan,and with applicable provisions of the
Work Zone Field Handbook(http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City,
contractor,and consultant personnel occupying the State's right-of-way must be provided with required
reflective clothing and hats.
2.4. State Ownership of Improvements.The State will retain ownership of its trunk highway right-of-way,
including any improvements made to such right-of-way under this Agreement,unless otherwise noted. The
warranties and guarantees made by the City's contractor with respect to such improvements (if any)will
flow to the State. The City will assist the State, as necessary,to enforce such warranties and guarantees, and
to obtain recovery from the City's consultants, and contractor(including its sureties)for non-performance of
contract work,for design errors and omissions, and for defects in materials and workmanship. Upon request
of the State,the City will undertake such actions as are reasonably necessary to transfer or assign contract
rights to the State and to permit subrogation by the State with respect to claims against the City's consultants
and contractors.
3. Contract Award and Construction
3.1. Direction,Supervision and Inspection of Construction
A. The contract construction will be under the direction of the City and under the supervision of a registered
professional engineer;however,the State participation construction covered under this Agreement will
be open to inspection by the State District Engineer's authorized representatives. The City will give the
State Aid Agreements Engineer at Metro Distict five days notice of its intention to start the contract
construction.
B. Responsibility for the control of materials for the contract construction will be on the City and its
contractor and will be carried out according to Specifications No. 1601 through and including No. 1609
in the State's current"Standard Specifications for Construction".
3.2. Completion of Construction. The City will cause the contract construction to be started and completed
according to the time schedule in the construction contract special provisions. The completion date for the
contract construction may be extended,by an exchange of letters between the appropriate City official and
the State District Engineer's authorized representative, for unavoidable delays encountered in the
performance of the contract construction.
3.3. Compliance with Laws, Ordinances,Regulations. The City will comply and cause its contractor to comply
with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to
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Mn/DOT Contract No: 01956
that portion of work performed on the State's trunk highway right-of-way,the City will not require the
contractor to follow local ordinances or to obtain local permits.
4. Right-of-Way; Easements; Permits
4.1. The City will, without cost or expense to the State, obtain all rights-of-way, easements, construction permits
and any other permits and sanctions that may be required in connection with the local and trunk highway
portions of the contract construction. Before payment by the State,the City will furnish the State with
certified copies of the documents for rights-of-way and easements, construction permits and other permits
and sanctions required for State participation construction covered under this Agreement.
4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing
operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or
expense to the State.
4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification,notification,
design meetings and depiction of utilities affected by the contract construction.
4.4. Limited Use Permit.The City will obtain,through the District's Right of Way Area Manager, a Limited Use
Permit to cover the City's liability and maintenance responsibilities of the bikeway.
5. Maintenance by the City
Upon completion of the project,the City will provide the following without cost or expense to the State:
5.1. Bikeways. Maintenance of the bikeway to be constructed upon the trunk highway right-of-way will be
according to the Limited Use Permit on file in the office of the State's District Engineer.
5.2. Retaining Walls. Maintenance and ownership of any retaining wall construction. Maintenance includes
graffiti removal and any other maintenance activities necessary to perpetuate the walls in a safe,usable and
aesthetically acceptable condition.
5.3. Fence and Railing. The City will provide for the proper maintenance,inspection and repair ofthe chain link
fence and plate beam guardrail without cost or expense to Mn/DOT. The City will thereafter accept full and
total responsibility and all obligations and liabilities arising out of or by reason of the use, operation,
maintenance,repair and reconstruction of the chain link fence and plate beam guardrail as part of this
Agreement, without cost or expense to Mn/DOT.
6. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
6.1. The State's Authorized Representative will be:
Name/Title: Maryanne Kelly-Sonnek,Municipal Agreements Engineer(or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, Saint Paul,MN 55155
Telephone: (651) 366-4634
Fax: (651) 366-4769
E-Mail: maryanne.kellysonnek @state.mn.us
6.2. The City's Authorized Representative will be:
Name/Title: Phil Olson,Assistant City Engineer (or successor)
Address: 2875 145th Street West,Rosemount,MN 55068
Telephone: (651) 322-2015
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Mn/DOT Contract No: 01956
7. Assignment; Amendments; Waiver; Contract Complete
7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement,or their successors in office.
7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
7.3. Waiver. If a party fails to enforce any provision of this Agreement,that failure does not waive the provision
or the party's right to subsequently enforce it.
7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City.No other understanding regarding this Agreement, whether written or oral,may be used to bind
either party.
8. Liability; Worker Compensation Claims; Insurance
8.1. Each party is responsible for its own acts,omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the City. Notwithstanding the foregoing,the City will indemnify,hold
harmless, and defend(to the extent permitted by the Minnesota Attorney General)the State against any
claims, causes of actions,damages,costs (including reasonable attorneys fees),and expenses arising in
connection with the project covered by this Agreement,regardless of whether such claims are asserted by
the City's contractor(s)or consultant(s) or by a third party because of an act or omission by the City or its
contractor(s)or consultant(s).
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
8.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the
City's contractor.
9. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
10. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5,the City's books,records,documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor,as appropriate,for a minimum of six years from the end of this Agreement.
11. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected,received,
stored,used,maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota
Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State.
12. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity,interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach,must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
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Mn/DOT Contract No: 01956
13. Termination; Suspension
13.1.By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the •
State for insufficient funding as described below.
13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source;or if funding cannot be continued at
a level sufficient to allow for the payment of the services covered here. Termination must be by written or
fax notice to the City. The State is not obligated to pay for any services that are provided after notice and
y
effective date of termination. However,the City will be entitled to payment,determined on a pro rata basis,
for services satisfactorily performed to the extent that funds are available. The State will not be assessed any
penalty if this Agreement is terminated because of the decision of the Minnesota Legislature,or other
funding source,not to appropriate funds.
13.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement
and all work,activities,performance and payments authorized through this Agreement. Any work
performed during a period of suspension will be considered unauthorized work and will be undertaken at the
risk of non-payment.
14. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement(or a delay in
performance),if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control,including but not limited to,unusually severe weather, fire,floods,other acts of God,
labor disputes, acts of war or terrorism,or public health emergencies.
[The remainder of this page has been intentionally left blank]
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Mn/DOT Contract No: 01956
S
CITY OF ROSEMOUNT DEPARTMENT OF TRANSPORTATION
The undersigned'certify that they have lawfully Recommended for Approval:
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances. By:
(District Engineer)
By: Date:
Title:
COMMISSIONER OF ADMINISTRATION
Date:
By: By:
(With delegated authority)
Title: Date:
Date:
INCLUDE COPY OF RESOULUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
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'aa�se?
CITY OF ROSEMOUNT
RESOLUTION
IT IS SOLVED that the City of Rosemount enter into Mn/DOT Agreement No. 0 ;56 with
the Stan- of Minnesota, Department of Transportation for the following purposes:
To provide f• maintenance by the City forTrail Improvement construction to ,e performed
upon, along an. I dj acent to Trunk Highway No. 3 from Connemara Trail t• 40th Circle within
the corporate City its under State Project No. 1921-93.
IT IS FURTHER RES• VED that the Mayor and the are
Ale)
authorized to execute the A_ eement and any amendments to th- greement.
CERTIFICATIO
I certify that the above Resolution is an a• urate c' .y of the Resolution adopted by the Council
of the City of Rosemount at an authorized -et' g held on the day of
, 2012, as shown by - e minutes of the meeting in my possession.
(Signature)
Subscribed and sworn to before e this
day of , 2012 (Type or Print Name)
(Title)
Notary Public
My Commission pires