HomeMy WebLinkAbout6.i. MnDOT Municipal Cooperative Agreement Funding for Trunk Highway 3 Underpass, City Project 443R�SEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: April 16, 2013
AGENDA ITEM: MnDOT Municipal Cooperative
AGENDA SECTION:
Agreement Funding for Trunk Highway 3
Consent
Underpass, City Project 443
PREPARED BY: Andrew J Brotzler, PE, Director of Pu
AGENDA NO.
Works /City Engineer 1�"
ATTACHMENTS: Resolution; Letter from MnDOT;
APPROVED BY:
Agreement
0 0J
RECOMMENDED ACTION: Motion to Adopt a Resolution Authorizing Entering into an
Agreement with the Minnesota Department of Transportation for Trunk Highway 3
Underpass, City Project 443 for a Lump Sum Payment and Authorizing the Necessary
Signatures.
BACKGROUND:
As previously discussed with Council, the Trunk Highway (11-� 3 Underpass project includes the
construction of a 124 foot long pedestrian underpass under TH 3, approximately 360 feet north of 142nd
Street, which will connect the Rosemount High School property to the G1enRose of Rosemount
neighborhood and nearby Erickson Park.
The attached Cooperative Agreement outlines the responsibilities of MnDOT and the City for the
construction, maintenance, and operations of the trail and underpass adjacent to and under TH 3. The
terms of the Agreement are consistent with other maintenance agreements for existing trails and bridges
within the City.
The Agreement has been reviewed by the City Attorney.
SUMMARY:
Staff recommends Council adoption of the above resolution and authorization for execution of the
Cooperative Agreement.
G: \ENGPR0J \443 \Council Items \20130416 CC MNDOTCoopAgreement.docx
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013 -
A RESOLUTION AUTHORIZING ENTERING INTO AN AGREEMENT
WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION
FOR TRUNK HIGHWAY 3 UNDERPASS
CITY PROJECT 443
IT IS RESOLVED that the City of Rosemount enter into MnDOT Agreement No. 03549 with the
State of Minnesota Department of Transportation for the following purposes:
To provide for ownership and maintenance of the trail and bridge 19X06 construction and
other associated construction to be performed upon, along and adjacent to Trunk Highway
No. 3 from 142nd Street to 140'' Circle within the corporate City limits under State Project
No. 1921 -96 (T.H. 3 =001).
IT IS FURTHER RESOLVED that the Mayor and the City Clerk are authorized to execute the
Agreement and any amendments to the Agreement.
ADOPTED this 16' day of April, 2013.
ATTEST:
Amy Domeier, City Clerk
CERTIFICATION
William H. Droste, Mayor
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 16th
day of April, 2013, as disclosed by the records of said City in my possession.
(SEAL)
Amy Domeier, City Clerk
�4NN Minnesota Department of Transportation
Metro District
Office of State Aid Telephone: 651 - 234 -7776
1500 West County Rd B2 phillip.bergem @state.mn.us
Roseville, MN 55113 -3174
April 4, 2013
Mr. Phil Olson, Assistant City Engineer
City of Rosemount
2875-145 th Street West
Rosemount, MN 55068
RE: Proposed Cooperative Construction Agreement No. 03549
Between the City of Rosemount and the State of Minnesota
S.P. 1921 -96 (T.H. 3 =001)
T.H. 3 between 140th Circle and 142nd St in the City of Rosemount
S.A.P. 208 - 010 -009
City Project 443
City ownership and maintenance of the trail and
bridge 19X06 adjacent to T.H. 3
Dear Mr. Olson:
Transmitted herewith in triplicate is a proposed agreement with the City of Rosemount. This
agreement provides for City maintenance of the trail and bridge 19X06 adjacent to and under T.H.
34.
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. bergem()-state.mn.us .
Sincerely,
Phillip Bergem, P.E.
Cooperative Agreements Engineer
Metro District, State Aid
An Equal Opportunity Employer
Mr. Phil Olson
April 4, 2013
Page 2
Enclosures: Proposed Agreement and Resolution (3 +1)
cc: Jon Solberg, 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 *
Nick Hentges, WSB & Associates, Inc.
Project File
* Electronic copy only (hard copies available upon request)
Mn/DOT Contract No: 03549
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF ROSEMOUNT
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number (S.P.):
Trunk Highway Number (T.H.):
State Aid Number (S.A.P.):
City Project Number:
Lighting System Feed Point No.
Bridge Number:
1921 -96
3 =001
208 - 010 -009
443
City Feed
19X06
Original Amount Encumbered
$0.00
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State ") and
City of Rosemount acting through its City Council ( "City ").
Recitals
1. The City will perform grading, bituminous trail, appurtenant work and bridge 19X06 construction and other
associated construction upon, along and adjacent to Trunk Highway No. 3 from 142nd Street to 140d' Circle
according to City - prepared plans, specifications and special provisions designated by the City as 443 and by
the State as State Project No. 1921 -96 (T.H. 3= 001)( "Project "); and
2. The City is responsible for the costs of the grading, bituminous trail, appurtenant work and bridge 19X06
construction under Trunk Highway No. 3; and
3. The City agrees to accept all maintenance and repair responsibilities of bridge 19X06 under Trunk Highway
No. 3 upon completion of the project; and
4. The City agrees to enter into "Limited Use Permit" LUP 1921 -0067 for the trail; and
5. 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. State- approved City plans, specifications and special provisions
designated by the City as 443 and by the State as State Project No. 1921 -96 (T.H. 3 =001) 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
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Mn/DOT Contract No: 03549
right is limited to the purpose of constructing the project, and administering such construction, and may be
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. Bids and Award The City will receive bids and award a construction contract to the lowest responsible
bidder (or best value proposer), subject to concurrence by the State in that award, according to the Project
Plans. The contract construction will be performed according to the Project Plans.
3.2. Contract Terms. The City's contract with its construction contractor(s) must include the following terms:
A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended
third -party beneficiary of the contract with respect to the portion of work performed on the State's right -
of -way; and
B. A clause requiring the State to be named as an additional insured on any insurance coverage which the
contractor is required to provide; and
C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk
highway, will flow to, and be enforceable by, the State as the owner of such improvements.
3.3. 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
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Mn/DOT Contract No: 03549
State Aid Agreements Engineer at Roseville 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 ".
3.4. 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.
3.5. 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
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.
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. The City will submit to the State's Utility Engineer an original permit application for the lighting system for
the trail owned by the City of Rosemount to be constructed upon and within the trunk highway right -of -way.
Applications for permits will be made on State form "Application for Utility Permit on Trunk Highway
Right Of Way" (Form TP2525).
4.5. 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, ownership and maintenance responsibilities of trail to be constructed
upon the State right -of -way.
5. Maintenance, Ownership and Future Responsibilities by the City
Upon completion of the project, the City will provide the following without cost or expense to the State:
5.1. Trails. Maintenance of the bikeways and multi -use trails construction. Maintenance includes, but is not
limited to, snow, ice and debris removal, patching, crack repair, mowing, trimming, signing, pavement
markings, and any other maintenance activities necessary to perpetuate the bikeways and multi -use trails in
a safe and usable condition. Maintenance for that portion of the bikeway and multi -use trail 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. Lighting. Maintenance and ownership of under bridge lighting facilities construction. Maintenance includes
but is not limited to; replacing faulty luminaries and knocked down or otherwise damaged poles; repairing
or replacing underground facilities and wiring; repairing service cabinets, photocells, and all other
miscellaneous hardware to keep the lighting facilities in working order; cleaning and re- lamping the
luminaries; and if needed, painting the lighting facilities. The City will be responsible for the hook -up cost
and application to secure an adequate power supply to the service pad or pole and will pay all monthly
electrical service expenses necessary to operate the lighting facility. As owner of the lighting facilities, the
City will be responsible for all "Gopher State One Call" locates.
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Mn/DOT Contract No: 03549
5.3. Bridges 19X06 including wing walls and ornamental railing. Upon completion of the project, the City will
be responsible for all repairs, maintenance and replacement of Bridge No. 19X06 without cost or expense to
the State. 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 bridge and all
of the facilities constructed as part of this Agreement, without cost or expense to the State. The maintenance
of the trail is in accordance with the limited use permit.
5.4. State Bridge Inspection. Upon completion of the project, the State will perform an annual bridge inspection,
without cost and expense to the City. The State will notify the City of any repairs needed.
5.5. Additional Drainage. Neither party to this Agreement will drain any additional drainage into the storm
sewer facilities constructed under the construction contract that was not included in the drainage for which
the storm sewer facilities were designed, without first obtaining written permission to do so from the other
party. The drainage areas served by the storm sewer facilities constructed under the construction contract
are shown in a drainage area map, EXHIBIT "Drainage Area ", which is on file in the office of the State's
District Hydraulics Unit at Roseville and is incorporated into this Agreement by reference.
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, St. 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, Asst. City Engineer (or successor)
Address: 2875 145`i' St. W., Rosemount, MN 55068 -4997
Telephone: 651-322-2015
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
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Mn/DOT Contract No: 03549
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.
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 services covered here. Termination must be by written or fax notice to the
City. 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 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 the City.
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.
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511
CITY OF ROSEMOUNT
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
Mn/DOT Contract No: 03549
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
Date:
Approved:
By:
Date:
(District Engineer)
(State Design Engineer)
COMMISSIONER OF ADMINISTRATION
�0
Date:
(With delegated authority)
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION. `
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