HomeMy WebLinkAbout6.i. MnDOT Municipal Cooperative Agreement Funding for Trunk Highway 3 (143rd to 145th) Street and Signal Improvements, City Project #421ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: April 6, 2010
AGENDA ITEM: MnDOT Municipal Cooperative
Agreement Funding for Trunk Highway 3
AGENDA SECTION:
(143" to1451") Street and Signal
Consent
Improvements, City Project #421
PREPARED BY: Andrew J Brotzler, PE, Director of Pu i
'
AGENDA NO. I ,
Works /City Engineer
ATTACHMENTS: Resolution; Letter from MnDOT;
APPROVED BY:
Agreement
RECOMMENDED ACTION: Motion to Adopt a Resolution Authorizing Entering into an
Agreement with the Minnesota Department of Transportation for Trunk Highway 3 (143rd to
145th) Street and Signal Improvements, City Project 421 for a Lump Sum Payment and
Authorizing the Necessary Signatures.
BACKGROUND:
As previously discussed with Council, the Trunk Highway (TH) 3 (143`d to 145`) Street and Signal
Improvements project includes turn lane improvements to 143`d Street and signal improvements at 145th
Street. The attached Cooperative Agreement outlines the responsibilities of MnDOT and the City for the
construction, maintenance, and operations of the turn lane and signal system. The terms of the Agreement
are consistent with other roadway and /or traffic control signal maintenance agreements for existing
roadways and signals within the City.
The Agreement has been reviewed by the City Attorney.
SUMMARY:
Staff recommends Council adoption of the above resolution.
G: \ENGPROJ \421 \20100406 CC MNDOTCoopAgree143rd- 145thLumpSum.doc
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2010 -
A RESOLUTION AUTHORIZING ENTERING INTO AN AGREEMENT
WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION
FOR TRUNK HIGHWAY 3 (143" to 145th) STREET AND SIGNAL IMPROVEMENTS
CITY PROJECT #421
IT IS RESOLVED that the City of Rosemount enter into Mn /DOT Agreement No. 96161 with
the State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the State to the City of the State's share of the costs of the grading,
surfacing, traffic control signal systems, signing, and appurtenant construction and other associated
construction to be performed upon, along and adjacent to Trunk Highway No. 3 from 145th Street
west to 500 feet north of 143rd Street West within the corporate City limits in accordance with City -
prepared plans, specifications and special provisions designated by the City as City Project No. 421
and by the State as State Aid Project No. 208 - 010 -007 and State Project No. 1921 -89 (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 6th day of April, 2010.
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 6th day
of April, 2010, as disclosed by the records of said City in my possession.
(SEAL)
Subscribed and sworn to before me
this 7th day of April, 2010
Notary Public
My Commission Expires 1 -31 -2015
(Notary Stamp)
Amy Domeier, City Clerk
��NtsOr4
T OF
Minnesota Department of Transportation
Metro District
Office of State Aid
1500 West County Road B2
Roseville, MN 55113-3174
March 10, 2010
Mr. Morgan Dawley
City of Rosemount
2875 1451h Street West
Rosemount, MN 55068 -4997
Subject: Proposed Cooperative Construction Agreement No. 96161
City of Rosemount
S.P. 1921 -89 (T.H. 3 =001)
TH 3 from 1450' St. to 500 ft N of 143rd St. in the City of Rosemount
S.A.P. 208 - 010 -007
City Project No. 421
Lump sum based on bid
Dear Mr. Dawley:
Office Tel: 651 - 234 -7760
Office Fax: 651 - 234 -7765
Attached are four copies of a proposed roadway /signal agreement between the City of Rosemount and the
State of Minnesota. This agreement provides for payment to the city of the state's share of the costs of the
construction to be performed by the city on TH 3 from 145th Street to 500 ft north of 143rd Street. The
agreement also outlines the maintenance responsibilities of Mn/DOT and the city, and provides for
payment to the state of the city's share of the state furnished materials; which are the cabinet and
controller, and payment to the city of the state's share of the city furnished materials; which are the signal
poles and heads.
Kindly review the agreement and arrange to have it presented to the city council for their approval and
execution. Please ensure that original signatures of the city council authorized officers are obtained on
three copies of the agreement under the CITY OF ROSEMOUNT heading. The fourth copy is for the
municipality's use and records.
Also required for the agreement is a new resolution passed by the city council authorizing its officers to
sign and execute the agreement.
A suggested form of the resolution is enclosed with this letter along with copies of the agreement. Please
provide original signature(s) and notarize three (3) copies of the resolution. Return these
documents to our office along with the three (3) copies of the signed agreement.
Please contact me if you have any questions or additional comments by telephone at 651- 234 -7776 or by
e -mail at jim.m_ ers a dot.state.mn.us.
An equal opportunity employer
Mr. Morgan Dawley
Page 2
March 10, 2010
Sincerely,
Jim Myers
Cooperative Agreements Project Manager
Metro District, State Aid
Enclosures:
cc: Bob Vasek, Mn/DOT -Metro State Aid *
Lynn Clarkowski, Mn/DOT -Metro Program Delivery
Sheila Kauppi, Mn/DOT -Metro Program Delivery *
Maryanne Kelly - Sonnek, Mn/DOT- Municipal Agreements
Mike Gerbensky, Mn/DOT -Metro Traffic Engineering
Chris Bosak, Mn/DOT -Metro Traffic Engineering *
Al Espinoza., Mn/DOT -Metro Traffic Engineering *
Buck Craig, Mn/DOT -Metro Permits
Charles Rickart, WSB & Associates
Rick Hauser, WSB & Associates
Project File
* Electronic copy only (hard copies available upon request)
w/o attachments
with attachments
PRE - LETTING STATE OF MINNESOTA
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT
The State of Minnesota
Department of Transportation, and
The City of Rosemount
Re: State lump sum payment for
intersection improvement and traffic
control signal system construction
by the City on T.H. 3
Mn /DOT
AGREEMENT NO.
96161
S.P. 1921 -89 (T.H. 3 =001)
S.A.P. 208 -010 -007
State Funds
ORIGINAL
AMOUNT ENCUMBERED
$289,900.00
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State,, and the City of Rosemount, Minnesota, acting by and
through its City Council, hereinafter referred tows the "City ".
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96161
WHEREAS, the City is about to perform grading, bituminous surfacing
and traffic signal construction and other associated construction
upon, along and adjacent to Trunk Highway No. 3 from 145th Street
West to 500 feet North of 143rd Street West within the corporate City
limits in accordance with City - prepared plans, specifications and
special provisions designated by the City as City Project No. 421 and
by the State as State Aid Project No. 208 -010 -007 and State Project
No. 1921 -89 (T.H. 3 =001); and
WHEREAS, the City has requested participation by the State in the
costa of the intersection improvement construction; and
WHEREAS, the State is willing to participate in the costs of the
intersection improvement construction.and associated construction
engineering in a lump sum amount not to exceed $289,900.00 as
hereinafter set forth; and
WHEREAS, it is deemed to be in the public's best interest for the
State to furnish a new cabinet and controller (State Furnished
Materials) for the new traffic control signal system; and
WHEREAS, the existing Traffic Control Signal System Maintenance.
Agreement, No. 62009, between the State and the City, shall remain in
full force and effect; and
WHEREAS, Minnesota Statutes Section 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.
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IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE CITY
Section A. Grant of Limited Rights
The State hereby 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 State- approved plans,
specifications and special provisions for the project designated as
State Project No. 1921-89. This right is granted for the limited
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.
Section B. Contract Terms
The City's contract.with its construction contractor(s) must include
the following terms:
(1) 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
(2) A clause requiring the State to be-named as an additional
insured on any insurance coverage which the contractor is
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96161
required to provide; and
(3) 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.
Section C. 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..
Section D. 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
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96161
right -of -'way must be provided with required reflective clothing and
hats.
Section E. 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 pursuant to this
Agreement. 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.
Section F. Contract Award and Construction
The City shall receive bids and award a construction contract to the
lowest responsible bidder, subject to concurrence by the State in
that award, in accordance with State - approved City plans,
specifications and special provisions designated by the City as City
Project No. 421 and by the State as State Project No. 1921 -89
(T.H. 3 =001). The contract construction shall be performed in
accordance with State - approved City plans, specifications and special
provisions that are on file in the office of the City's Engineer, and
are incorporated into this Agreement by reference.
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96161
Section G. Documents to be Furnished to the.State
The City shall, within 7 days of opening bids for the construction
contract, submit to the State's State Aid Agreements Engineer at
Roseville a copy of the low bid and an abstract of all bids together
with the City's request for concurrence by the State in the award of
the construction contract. The City.shall not award the construction
contract until the State advises the City in writing of its
concurrence therein.
Section H. Rejection of Bids
The City may reject and the State may require the City to reject any
or all.bids for the construction contract. The party rejecting or.
requiring the rejection of bids must provide the other party:written
notice of that rejection or requirement for rejection no.later than
30 days after opening bids. -Upon the rejection of all bids pursuant'
to this section, a party may request, in writing, that the bidding
process be repeated. Upon the other party's written approval of such
request, the City will repeat the bidding process in a reasonable
period of time, without cost or expense to the State.
Section I. Direction, Supervision and Inspection of Construction
The contract construction shall be under the direction of the City
and under the supervision of a registered professibnal.engineer;
however, the State cost participation construction covered under this
Agreement shall be open to inspection by the State District
Engineer's authorized representatives. The City shall give the State
Aid Agreements Engineer at Roseville five days notice of its
intention to start the contract construction.
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96161
Responsibility for the control of materials for the State cost
participation construction covered under this Agreement shall be on
the City and its contractor and shall be carried out in accordance
with Specifications No. 1601 through and including No. 1609 as set
forth in the State's current "Standard Specifications for
Construction ":
Section J. Completion of Construction
The City shall cause the contract construction to be started and
completed in accordance with 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 thereof.
Section K. Additional Construction, Plan Changes, Etc.
All changes in the plans, specifications and special provisions for
the State cost participation construction covered under this
Agreement and all addenda, change orders and supplemental agreements
entered into by the City and its contractor for State cost
participation construction covered under this Agreement must be
approved in writing by the.State District Engineer's authorized
representative.
Section L. Compliance with Laws, ordinances and Regulations
The City shall, in connection with the award and administration of
the construction contract and the performance of the contract
construction, comply and cause its contractor to comply with all
Federal, State and Local laws, and all applicable ordinances and
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96161
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.
Section M. Right- of- Way,.Easements and Permits
The City shall, 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. Prior to
advance payment by the State, the City shall furnish the State with
certified copies of the documents for those rights -of -way and
easements, and certified copies of those construction permits and
other permits and sanctions required for State cost participation
construction covered under this Agreement.
The City will convey to the State by quit claim deed, all newly
acquired rights needed for the continuing operation and maintenance
of Trunk Highway No. 3, if any, upon completion of State Project
No. 1921 -89 (T.H. 3 =001) at no cost or expense to the State.
The City is responsible for complying with and following Minnesota
Statutes 216D.04, Subdivision la, for identification,.notification,
design meetings and depiction of utilities affected by the contract
construction.
The City shall submit to the'State's Utility Engineer an original
permit application for all City -owned utilities to be constructed
hereunder that are upon and within the trunk highway right -of -way.
96161
Applications for permits shall be made on State form "Application For
Utility Permit On Trunk Highway Right -of -Way" (Form TP2525).
ARTICLE II - BASIS OF PAYMENT BY THE STATE
Section A. SCHEDULE "I"
A Preliminary SCHEDULE "I" is attached and incorporated into this
Agreement. The Preliminary SCHEDULE "I" includes all anticipated-
State cost participation construction items and the construction
engineering cost share covered under this Agreement.
Section B. State Cost Participation Construction
The State shall, at the percentage indicated, participate in the
following construction to be performed upon, along and adjacent to
Trunk Highway No. 3' from 145th Street West to 500 feet .north of 143rd
Street West within the corporate City limits under State Project
No. 1921 -89 (T.H. 3 =001). The construction includes the State's
proportionate share of item costs for mobilization and traffic
control.
1. 100 Percent shall be the State's rate of cost participation in
all of the turn lane construction. The construction includes,
but is not limited to, those construction items as tabulated on
Sheets No. 2 and No. 3 of the attached Preliminary SCHEDULE "I ".
2. 50 Percent shall be the State's rate of cost participation in the
traffic control signal system construction. The construction
includes, but is not limited to, those construction items as
tabulated on Sheet No. 3 of the attached Preliminary
SCHEDULE "I ".
01
96161
Section C. Construction Engineering Costs
The State shall pay a construction engineering charge in an amount
equal to 8 percent of the total cost of the State participation
construction covered under this Agreement.
ARTICLE III — PAYMENT BY THE STATE
It is estimated that the State's share of the costs of the contract
construction plus the 8 percent construction engineering cost share
and a $24,321.70 contingency amount'is the sum of $289,900.00 as
shown in the attached Preliminary SCHEDULE "I ". The attached
Preliminary SCHEDULE "Ill was prepared using estimated unit prices.
Upon receipt and review of the construction contract bid documents
described in Article I, Section E. of this Agreement, the State shall
then decide whether to concur in the City's award of the construction
contract and, if so, prepare a Revised SCHEDULE "I" based on
construction contract unit prices but not to exceed $289,,900.00. The
contingency amount is provided to cover increased State costs when
changing the SCHEDULE IIIII.from estimated unit prices to contract unit
prices.
After the following conditions have been met, the State shall advance
to the City the State's full and complete lump sum cost share as
shown in the Revised SCHEDULE "I":
A. Encumbrance by the State of the State's full and complete lump
sum cost share as shown in the Revised SCHEDULE "I ".
B. Receipt by the State from the City of certified documentation for
all of the right -of -way and easement acquisition required for
State cost participation construction covered under this
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96161
Agreement, and the approval of that documentation by the State's
Land Management Director at St. Paul.
C. Execution and approval of this Agreement and the State's
transmittal of it to the City along with a copy of the Revised
SCHEDULE "I° and a letter advising the City of the State's
concurrence in the award of the construction contract.
D. Receipt by the State of a written request from the City for the
advancement of funds. The request shall include certification by
the City that all necessary parties have executed the
construction contract.
ARTICLE IV - CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY
The City shall keep records and accounts that enable it.to provide
the State, when requested, with the following:
A. Copies of the City contractor's invoice {s} covering all contract
construction.
B. A copy of the endorsed and canceled City warrant or check paying
for final contract construction, or computer documentation.of the
warrant issued certified by an appropriate City official that
final construction contract payment has been made.
C. Copies of all construction contract change orders and
supplemental agreements.
11
96161
D. A certification form, provided by the State, signed by the City's
Engineer in charge of the contract construction attesting to the
following:
1. Satisfactory performance and completion of all contract
construction in accordance with State - approved City plans,
specifications and special provisions.
2. Acceptance and approval of all materials furnished for the
State cost participation construction covered under this
Agreement relative.to compliance of those materials to the.
State's current "Standard Specifications for Construction ".
3. Full payment by the City to its contractor for all contract
construction.
E. City Engineer certified copies of material sampling reports and
of material,testing results for the materials furnished for the
State cost participation construction covered under this
Agreement.
F. A copy of the "as built" plan sent to the State Aid Agreements
Engineer.
ARTICLE V - GENERAL PROVISIONS
Section -A. Maintenance by the City /State
Upon completion of the traffic control signal system construction,
the City and the State shall provide for the proper maintenance of
the traffic control signal system in accordance with the provisions
12
96161
of Traffic Control Signal System Agreement #62009 which is the
current agreement for the signal system at this location.
Upon completion of the storm sewer facilities construction, the City
shall provide for the proper routine maintenance of those facilities,
without cost or expense to the State. Routine maintenance includes,
but is not limited to, removal of sediment, debris, vegetation and
ice from structures, grates and pipes, repair of minor erosion -
problems, and minor structure and pipe repair, and any other
maintenance activities necessary to preserve the facilities and to
prevent conditions such as flooding, erosion, sedimentation -or
accelerated deterioration of the facilities.
Upon completion of the City -owned utilities construction, the City
shall provide for the proper maintenance of those utilities, without
cost or expense to the State.
Upon completion of the walkways construction, the City shall provide
for the proper maintenance of the walkways, without Cost or expense
to the State. Maintenance includes, but is not limited to, snow, ice
and debris removal, patching, crack repair, panel replacement, and
any other maintenance activities necessary to perpetuate the walkways
in a-safe and usable condition.
Section B. Additional Drainage
Neither party to this Agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract that was not included in the drainage for which
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96161
the storm sewer facilities were designed, without first obtaining
written permission to do so from the other party.
Section C. Termination of Agreement
Each party may terminate this Agreement, with or without cause, by
providing the other party with written or fax notice of effective
date of termination. The State'is not obligated to pay for services
performed after notice and effective date of termination. Upon such
termination, the City is entitled to payment for services
satisfactorily performed under this Agreement prior to the effective
date of.termination.
The State 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 under this Agreement.
Termination must be by written or fax notice to the City. The State,
is not obligated to.pay.for services performed after notice and
effective date of termination. Upon such termination, the City is
entitled to payment for services satisfactorily performed under this
Agreement prior to the effective date of termination, to the extent
the funds are available.
Section D. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
each party relevant to this Agreement are subject to examination by
each party, and either -the legislative auditor or the state auditor
as appropriate, for a minimum of six years from final payment.
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96161
Section E. Claims
Each party is responsible for its own employees for any claims
arising under the Workers Compensation Act. 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
Section 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).
Section F. Nondiscrimination
The provisions of Minnesota Statutes Section 181.59 and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
Section G. Agreement Approval
Before.this Agreement becomes binding and effective, it shall be
approved by a City Council resolution and executed by such State and
City officers as the law may provide in addition to the Commissioner
of Transportation or their authorized-representative.
is
96161
ARTICLE VI - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly- Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155,
(651) 366 -4634.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Dwight Johnson,- City Administrator, or his
successor. His current address and phone number are 2875 145th
Street West, Rosemount, MN 55068, (651) 423 -4411.
THE REMAINDER OF THIS PAGE HAS BEEW INTENTIONALLY LEFT BLANK.
96161
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
STATE ENCUMBRANCE VERIFICATION
individual certifies that funds have been encumbered
as required by Minn. Stat. 55 16A.15 and 16C.05.
By
Date
MAPS Encumbrance No.
CITY OF ROSEMOUNT
By
Date
By _
Title
Date
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
District Engineer
Approved:
By
State Design Engineer
Date
Approved as to form and execution:
By
Contract Management
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
Date
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