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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
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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