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HomeMy WebLinkAbout6.j. Trunk Highway 3 Cooperative Agreement RequestCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: June 18, 2002 AGENDA ITEM: Trunk Highway 3 Cooperative Agreement AGENDA SECTION: Request (145`' Street to CSAH 42) Consent PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA r14rCCE:;M # 6 ATTACHMENTS: Resolution and Cooperative Agreement APPROVED BY: a As you are aware, Staff and Dave Hutton from WSB & Associates, have been working on the Trunk Highway 3 project between 145 Street and CSAH 2. This project includes the reconstructing of Trunk Highway 3 with concrete curb and gutter, sidewalk and street lighting. As previously discussed, the Mn/DOT contribution to this project is a lump sum amount of $540,000. 'The attached resolution needs to be adopted by Council before Mn/DOT will authorize the City to receive bids for the project. Staff recommends approval of the attached resolution, which is required to begin the Cooperative Agreement process. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ON STATE TRUNK HIGHWAY 3 (SOUTH ROBERT TRAIL) BETWEEN 145TH STREET WEST AND CSAH 42. COUNCIL ACTION: RESOLUTION 2002 A RESOLUTION REQUESTING A COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTA FOR IMPROVEMENTS ON STATE TRUNK HIGHWAY (SOUTH ROBERT TRAIL) BETWEEN 145TH STREET WEST AN] CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA WHEREAS, the City Council of the City of Rosemount has determined that the Highway, 3 (South Robert Trail) between 145th Street West and CSAH 42, and PROJECT rION CSAH 42 on State Trunk IT IS RESOLVED, that the City of Rosemount enter into Mn/DOT Agreement No. 83227 with the State of Minnesota, Department of Transportation for the purposes: To provide for payment by the State to the City of the State's share of the costs of the roadway improvement construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 3 from 46 feet north of County State Aid Highway No. 42 to 54.7 feet north of 145` Street West within the corporate City limits under State Project No. 1921- 73. 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 18th day of June, 2002. 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 18th day of June, 2002, as disclosed by the records of said City in my possession. (SEAL) Thomas Burt, Deputy City Clerk Cathy Busho, Mayor ATTEST: Thomas Burt, Deputy City Clerk Motion by: Voted in favor: Seconded by: Voted against: CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2002 A RESOLUTION REQUESTING A COOPERATIVE AGREEMENT PROJECT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS ON STATE TRUNK HIGHWAY 3 (SOUTH ROBERT TRAIL) BETWEEN 145TH STREET WEST AND CSAH 42 WHEREAS, the City Council of the City of Rosemount has determined that the area on State Trunk Highway 3 (South Robert Trail) between 145th Street West and CSAH 42, and IT IS RESOLVED, that the City of Rosemount enter into Mn/DOT Agreement No. 83227 with the State of Minnesota, Department of Transportation for the purposes: To provide for payment by the State to the City of the State's share of the costs of the roadway improvement construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 3 from 46 feet north of County State Aid Highway No. 452 to 54.7 feet north of 145`'' Street West within the corporate City limits under State Project No. 1921- 73. 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 18th day of June, 2002. 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 18th day of June, 2002, as disclosed by the records of said City in my possession. (SEAL) Linda J. Jentink, Rosemount City Clerk Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Voted in favor: Voted against: Seconded by: 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 roadway improvement construction by the City on T.H. 3 Mn /DOT AGREEMENT NO. 83227 S.P. 1921 -73 (T.H. 3 =001) State Funds AMOUNT TO BE ENCUMBERED (Fiscal Year 2002) $150,000.00 AMOUNT TO BE ENCUMBERED (Fiscal Year 2003) $390,000.00 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 83227 WHEREAS the City is about to perform grading, bituminous surfacing, storm sewer, sanitary sewer and watermain construction and other associated construction upon, along and adjacent to Trunk Highway No. 3 from 46 feet north of County State Aid Highway No. 42 to 54.7 feet north of 145 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. 318 and by the State as State Project No. 1921 -73 (T.H. 3 =001); and WHEREAS the City has requested participation by the State in the costs of the roadway improvement construction; and WHEREAS the State is willing to participate in the costs of the roadway improvement construction and associated construction . engineering in an amount equal to $540,000.00 as hereinafter set forth; and WHEREAS although the State is willing to participate in the costs of the roadway improvement construction and other associated construction, payment can only be made after the Commissioner of Transportation approves the program of which the agreed to participation is a part, and only after funds for said participation have been encumbered, which encumbrance must be preceded by the appropriation of such funds by the Minnesota Legislature; and WHEREAS the State and the City have agreed that a portion of the State payment for construction be delayed until such time that the funds are encumbered, which is anticipated to be from fiscal year 2003 appropriations; 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. 2 83227 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. 318 and by the State as State Project No. 1921 -73 (T.H. 3 =001). The contract construction shall be performed in, accordance with State - approved City plans, specifications and special provisions which are on file in the office of the City's Engineer, and are made a part hereof by reference with the same force and effect as though fully set forth herein. 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. Cancellation of Agreement Each party to this Agreement reserves the right to withdraw from and cancel this Agreement within 30 days after the opening of bids if either party determines any or all bids to be unsatisfactory. Either party serving a written notice thereof upon the other shall accomplish withdrawal from or cancellation of the Agreement. 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; 3 83227 however, the contract construction shall be open to inspection by the State's District Engineer at Roseville or his authorized representatives. The City shall give the District Engineer 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 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 The City shall, in connection with the award and the construction contract and the performance of construction, comply and cause its contractor to Federal, State and Local laws, and all applicable regulations. Regulations administration of the contract comply with all s ordinances and 4 83227 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 rights -of -way and easements, and certified copies of those construction permits and other permits and sanctions required for the contract construction. Upon the City's receipt of a fully executed copy of this Agreement, 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. Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right -Of -Way" (Form TP2525). The City shall submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, pursuant to Minnesota Statutes Section 115.07 or Minnesota Rules 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction to be performed under the construction contract. The City is advised that pursuant to Minnesota Rules 7001.1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. ARTICLE II - PAYMENT BY THE STATE The State shall advance to the City in two separate payments, as the State's full and complete share of the costs of the roadway improvement construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 3 from 46 5 83227 feet north of County State Aid Highway No. 42 to 54.7 feet north of 145` Street West within the corporate City limits under State Project No. 1921 -73 (T.H. 3 =001), two lump sum payments which total the amount of $540,000.00 or the total cost of the contract construction as shown in the awarded contract bid document, whichever amount is smaller. After the following conditions have been met, the State shall promptly advance to the City, in two separate advancements, the State's share of the costs of the roadway improvement: A. Encumbrance by the State of $150,000.00 from Fiscal Year 2002 funds. B. Encumbrance by the State of $390,000.00 from Fiscal Year 2003 funds. Encumbrance shall occur promptly after July 1, 2002. C. 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. D. 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 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. E. Receipt by the State of a written request from the City for each of the advancement of funds. The first request shall include certification by the City that all necessary parties have executed the construction contract. I. 83227 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 warrant(s) 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. 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. 7 83227 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 Upon satisfactory completion of the roadway improvement construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the City roadways and all of the facilities a part thereof, without cost or expense to the State. Maintenance shall include, but not be 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. Upon satisfactory completion of the storm sewer facilities, pond and City -owned facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those facilities, without cost or expense to the State. Upon satisfactory completion of the walkways construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the walkways, without cost or expense to the State. Maintenance shall include, but not be limited to, snow, ice and debris removal and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. 0 r 83227 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 District Hydraulics Engineer at Roseville and is made a part hereof by reference with the same force and effect as though fully set forth herein. Section D. Future Responsibilities Upon satisfactory completion of the watermain and sanitary sewer construction to be performed within the corporate City limits under the construction contract, the City shall 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 watermain and sanitary sewer and all of the facilities a part thereof constructed hereunder, without cost or expense to the State. Section E. 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. 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 C 83227 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 shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his 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 Street West, Rosemount, MN 55068 -4997, (651) 322 -2025. 10 11 83227 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. H 16A.15 and 16C.05. By By District Engineer Approved: Date By State Design Engineer MAPS Encumbrance No. Date CITY OF ROSEMOUNT COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Mayor By Date Date By OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: Title By Date Date 00000000000000000000000000000000000000000000000 This Agreement was acknowledged before me this day of 2002, by and (Name) (Name) the Mayor and of the City of Rosemount. (Title) Notary Public My Commission Expires 11