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