Loading...
HomeMy WebLinkAbout6.m. Trunk Highway 3/Mn/DOT Cooperative Construction Agreement, City Project #385'10a /uW woaj Idlam uodn Iuaweaa6V uoilonilsuo0 anlleaadoo0 leuij aql alnoaxe of aolea}siuiwpy A }i0 pue aoAeW agI buiziaoglne uollnlosai pagoelle eqj jo uoildope aaplsuoo pouno0 legl awll slul le 6uilsenbei si .4elS `J700Z `OZ Isnbny aol` pelnpagos Alluaaano `}oafoad eqj ao} spiq 6uluado oI aolad AI10 agI Aq palnoaxa aq oI Iuawaaa6y uoilonilsuoo anlleaadoo0 aqI ao} A iesseoeu si jl sy 10a /uW glinn peleilo6au seen legl adoos Ioefoad ui uoilonpai a of anp `00`000`90L$ }o Iunowe paluesaid fxlsnolnaad eqj uegl jannol sl uollediorped Isoo palewilse Al!O a41 'OOTLL`L99$ sl uollediorped Isoo x(110 palewllso eqj pue 00'999`L9$ sl uoiled Isoo junoo elo� ed palewilse agl - Ioafoid eqj aoj 00'005`505$ Alalewixoidde Io IuewAed wns dwnl a apinoid limn 1po /uW `luewaaa6y pagoelle NI aad '(peon{ snnaapuyoW) 9£ HVSO le £ Aem4b'H � unal uo sluawanoidwi uoljoesialui pue welsAs leu6ls a bullonilsuoo pue 9£ peon AlunoO le £ Aenng6lH � unjl uo sluaivanoidwi euel uinl pue uolloasaalul `Heal eaewauuo0 le £ Aenngb'H �unal uo welsAs leu6ls a to uoilonilsuoo agl apnioui legl £ AemOIH � un.al uo s}uauaanoidwl aoj luew9aa6y uoilonilsuo0 anllea9doo0 :geap a si uolleaaplsuoo Ilouno0 aoI. pagoe}}y :NOIJ 3V S8£# 10afOXcl AID `(C VO'd SAk9UCNVC)W) 8C HVS;D QNV ' IIV U V dVWgNNOD XaHMIaEl £ AVAIHJIH XNCIXJL MO'IV S,LNaW3A02IdM 2I03 NOI LV,LXOdSNVd,,L JO ,LNIIWl'dvdIIQ V,LOSUM IIW alu H,LI W INaWaa2IJV NV OIM DMMaZNa NOIZ11'IO$aU V :Nou3v a3aN3WW0032l luawaai6y :A6 a3AOMddV uollonilsuo0 9nlJea9doo0 l}aaa `uollnlosa�j :S1N3WHOVllV :p a99ui6u3 40 `'3'd `aalzloig 'r nnajpuy :A8 aBNVd3Nd Iuesuo0 S8£# logrozd ,�4t0 `TuouIQoBV u0110nusuo0 :NO1133S VaN39VV QATItuodoo0 jOG/uME .L :W311 V GN3JV VOOZ `L 4 }snfinV :31Va ON1133W 11ONf10a A= NOII3V M0: A21vWWns 3AI1f1O3X3 1Nnow3S021 AO Al1O t. A I CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004 - A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ALONG TRUNK HIGHWAYS BETWEEN CONNEMARA TRAIL AND CSAH 38 (McANDREWS ROAD) CITY PROJECT #385 IT IS RESOLVED that the City of Rosemount enter into Mn/DOT Agreement No. 86913 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 Connemara Trail to 500 feet north of County State Aid Highway No. 38 (McAndrews Road) within the corporate City limits under State Project No. 1921 -78 (T.H. 3 =001), and S.A.P. No. 208- 010 -006. IT IS FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement and any amendments to the Agreement. ADOPTED this 17'' day of August, 2004. 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 17th day of August, 2004, as disclosed by the records of said City in my possession. (SEAL) Linda Jentink, City Clerk William H. Droste, Mayor ATTEST: Linda Jentink, City Clerk Motion by Second by: Voted in favor` Voted against: PRE- LETTING STATE OF MINNESOTA Mn /DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 86913 S.P. 1921 -78 (T.H. 3 =001) S.A.P. 208- 010 -006 City Project No. 385 State Funds The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and - 7o_fe /u-".aef The City of Rosemount , Re: State lump sum payment for grading, surfacing, traffic control signal systems, signing, AMOUNT RECEIVABLE and appurtenant construction by the City on T.H. 3 (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 to as the "City 1 86913 WHEREAS, the City is about to perform grading, surfacing, traffic control signal systems, signing, and appurtenant construction and other associated construction upon, along and adjacent to Trunk Highway No. 3 from Connemara Trail,to 500 feet north of County State Aid Highway No. 38 (McAndrews Road) within the corporate City limits in accordance with City- prepared plans, specifications and special provisions designated by the City as City Project No. 385 and by the State as State Project No. 1921 -78 (T.H. 3 =001), and S.A.P. No. 208 -010 -006; and WHEREAS, the City has requested participation by the State in the costs of the grading, surfacing, traffic control signal systems, signing, and appurtenant construction; and WHEREAS, the City has requested and the State agrees to the installation of Emergency Vehicle Pre - emption system, (EVP) System, as part of the new traffic control signal installations; and WHEREAS, the State shall furnish State Furnished Materials (SFM). SFM, consisting of 1 new cabinet with controller, located at T.H. 3 and Connemara Trail designated as signal system A, and 1 new cabinet with controller, located at T.H. 3 and C.S.A.H. 38 (McAndrews Road) designated as signal system B, and control equipment to operate the . new traffic control signal systems and (EVP); and WHEREAS, the State is willing to participate in the costs of the grading, surfacing, traffic control signal systems, signing, and appurtenant construction and associated construction engineering in a lump sum amount equal' to $483,300.00 which includes a credit to the State for the City's share of SFM as hereinafter set forth; and 2 86913 WHEREAS, the City and the County of Dakota has expressed its willingness to participate in the costs of maintenance, operation, and electrical power supply of the new traffic signal system A, and system B, including street lights, and (EVP) system. The State and the City and the County of Dakota will have a separate agreement that outlines the operation, and maintenance, and the cost participation between the City and the County for electrical power supply, monthly operating costs, and County's share of SFM. The City will be responsible for all of the County of Dakota's cost participation in this agreement for SFM; 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. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. 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. 385 and by the State as State Project No. 1921 -78 (T.H. 3= 001), and S.A.P. No. 208- 010 -006. 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. 3 1 86913 Section B. 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 District 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 C. 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 D. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of .the City and under the supervision of a registered professional engineer; however, the contract construction shall be open to inspection by the State District Engineer's authorized representatives. The City shall give the District Engineer at least five days notice of its intention to start the contract construction. Responsibility for the control of materials for the contract construction shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and 4 86913 including No 1609 as set forth in the State's current "Standard Specifications for Construction" Section E. 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 F. Plan Changes, Etc. All changes in the plans, specifications and special provisions for the contract construction and all addenda, change orders and supplemental agreements entered into by the City and its contractor for contract construction must be approved in writing by the State District Engineer's authorized representative. Section G. 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 regulations. Section H. 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 contract construction. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those 5 86913 rights -of -way and easements, and certified copies of those construction permits and other permits and sanctions required, for the contract construction. ARTICLE II - PAYMENT BY THE STATE The State shall advance to,the City, as the State's full and complete share of the costs of the grading, surfacing, traffic control signal systems, signing, and appurtenant construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 3 from Connemara Trail to 500 feet north of County State Aid Highway No. 38 (McAndrews Road) within the corporate City limits under State Project No. 1921 -78 (T.H. 3 =001) and S.A.P. No. 208 -010 -006, a lump sum in the amount of $483,000.00 which includes the State's credit of $38,000.00 for SFM, or the total cost of the contract construction as shown in the awarded contract bid document plus an 8 percent construction engineering cost share, whichever amount is smaller. The State shall advance to the City the lump sum amount after the following conditions have been met: A. Encumbrance by the State of the State's full and complete lump sum cost share. B. Receipt by the State from the City of certified documentation for all of the right -of -way and easement acquisition required for the contract construction, 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. If execution and approval of this Agreement does not constitute concurrence by the State in the 6 86913 award of the construction contract, a letter advising the City of the State's concurrence in the award of the construction contract shall accompany the City's copy of this Agreement. 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 III - 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. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrants) 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 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. 7 86913 2. Acceptance and approval of all materials furnished for the contract construction 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. Copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction. F. A.copy of the "as built plan sent to the State's District Engineer. ARTICLE IV - GENERAL PROVISIONS Section A. Replacement of Castings The City shall furnish its contractor with new castings and parts for all inplace City -owned facilities constructed hereunder when replacements are required, without cost or expense to the State. Section B Maintenance by the Ci y Upon satisfactory_ completion of the contract construction to be performed, on City streets, within the corporate City limits under the construction contract the City shall provide for the proper maintenance of the roadways and all of the facilities a part thereof, without cost or expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. 8 86913 Upon satisfactory completion of the storm sewer facilities construction to be performed within the corporate City limits under the construction contract, 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 satisfactory completion of the new traffic control signal system A, and system B, with street lighting, (EVP) system, construction to be performed within the corporate City limits under the construction contract,. the State, the City, and Dakota County shall enter into a separate agreement that outlines the operation, maintenance, and cost participation between the City and the County for electrical power supply, monthly operating expenses, and the County's share of SFM, without cost or expense to the State., Section C. 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 the storm sewer facilities were designed, without first obtaining 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 9 86913 District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. Section D 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 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 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 E. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 160.05, 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 minimum of six years from final payment 10 t 86913 Section F. 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. Section G. 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 H. 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. ARTICLE V - 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) 296 -0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Andrew Brotzler, City Engineer, or his successor. His current address and phone number are 2875,145 th Street West, Rosemount, MN, 55068, (651) 322 -2025. 11 86913 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered Recommended for approval: as required by Minn. stat. §S 16A.15 and 16C.05. BY By District Engineer Approved: Date By State Design Engineer MAPS Encumbrance No. Date CITY OF ROSEMOUNT Approved as to form and execution: BY BY Mayor Contract Management Date Date By COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Title By Date Date 12