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HomeMy WebLinkAbout6.h. Approval of Supplemental Agreement #1, Phase 1 Trunk Highway 3, Street Construction, City Project #314CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: June 18, 2001 AGENDA ITEM: Approval of Supplemental Agreement #1, AGENDA SECTION: Phase 1, Trunk Highway 3 Street Construction, City Project Consent #314 PREPARED BY: Bret Weiss, Interim City Engineer AGE *6 H ATTACHMENTS: Supplemental Agreement #1 & Letter, APPROVED BY: Resolution During the construction of the first phase of the Trunk Highway 3 Reconstruction project, (145t to 143r repair of an existing traffic signal loop was required that was not originally anticipated. This constituted the need to process a supplemental agreement with MNDOT to pay the additional project cost. Attached is a copy of the documentation for the supplemental agreement, along with the required resolutions that must be passed by the City Council in order to receive MNDOT's share of the additional cost. This is merely a housekeeping item and is necessary for MNDOT records on Cooperative Agreement projects of this type. Staff is recommending that this Supplemental Agreement be approved. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION APPROVING MnDOT AGREEEMNT NO. 81610 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION, CITY PROJECT #314. COUNCIL ACTION: 5 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2001 — A RESOLUTION APPROVING MnDOT AGREEMENT NO. 81610 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION CITY PROJECT #314 WHEREAS, the City of Rosemount is currently involved in beautification and functional street improvements, they are entering into an agreement with the State of Minnesota, Department of Transportation (Agreement NO. 816 10) for the following purposes: BE IT RESOLVED, that payment by the State to the City of the lump sum amount of $2,750 as the State's share of the costs for the traffic signal loop run construction performed upon, long and adjacent to Trunk Highway No. 3 from 145 Street west to 143 Street West within the corporate City limits under Supplemental Agreement No. 1 to State Project NO. 19921 -72. NOW THEREFORE BE IT FURTHER RESOLVED, that the Mayor and the City. Clerk are authorized to execute the Agreement and any amendments to the Agreement. ADOPTED this 18'' day of June, 2001 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk 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 18 day of June, 2001, as disclosed by the records of said City in my possession (SEAL) Motion by: Voted in favor: Linda Jentink, City Clerk Seconded by: Voted against: �NNESpT D o � Minnesota Department of Transportation n a p Metropolitan Division pF TPP� Waters Edge' 1500 West County Road B2 Roseville, MN 55113 Date: May 30, 2001 Mr. Thomas Burt City Administrator 2875 145' St. W. Rosemount, MN 55068 -4941 RE: S.P. 1921 -72 (Supplemental Agreement No. 1) TH 3 at 145 Street in Rosemount Proposed Cooperative Construction Agreement No. 81610 Dear Mr. Burt: 651 - 582 -1661 Attached are two copies of a proposed roadway construction agreement between the Minnesota Department of Transportation and the City of Rosemount. 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 at 145 Street. Kindly review the agreements and arrange to have them presented to the City Council for their approval and execution. Please ensure that original signatures of the City Council authorized officers are obtained on all copies of the agreements under the CITY OF ROSEMOUNT heading and that the AGREEMENTS ARE NOTARIZED OR STAMPED WITH THE OFFICIAL CITY STAMP. Also required for each agreement is a new resolution passed by the City Council authorizing its officers to sign and execute the agreements on their behalf. Two copies of a suggested resolution are enclosed with this letter. PLEASE NOTARIZE OR STAMP AND PROVIDE ORIGINAL SIGNATURE(S) ON TWO COPIES. To expedite the approval process, the executed agreements and resolutions should be returned to me for signature by the Metro Division Engineer, after which the agreements will be returned to the Municipal Agreements Office for further execution on behalf of the State. A copy of the agreement will be returned to the City when fully executed. If you have any questions or require additional information, please contact me. Sincerely, Micha Kowski, P.E Cooperative Agreement Engineer Metro Division Enclosures: cc: Bob Brown, Metro State Aid Maryanne Kelly - Sonnek, Mn/DOT -C.O., M.S. 682 Dave Hutton, WSB & Associates Inc. Project File ..p 0 0 / t An equal opportunity employer PRE - LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT Mn /DOT AGREEMENT NO. 81610 Supplemental Agreement No. 1 S.P. 1921 -72 (T.H. 3 =115) State Funds The State of Minnesota Department of Transportation, and The City of Rosemount Re: State lump sum payment for traffic signal loop run construction by the City on T.H. 3 AMOUNT ENCUMBERED $2,750.00 AMOUNT RECEIVABLE THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred tows the "State" and the City of Rosemount, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 81610 WHEREAS the City performed additional traffic signal loop run construction upon, along and adjacent to Trunk Highway No. 3 from 145th Street West to 143rd Street West within the corporate City limits in accordance with Supplemental Agreement No. 1 to City - prepared plans, specifications and /or special provisions designated by the City as City Project No. 314 and by the State as State Project No. 1921 -72 (T.H. 3 =115); and WHEREAS the City has requested participation by the State in'the costs of the additional traffic signal loop run construction; and WHEREAS the State is willing to participate in the costs of the additional traffic signal loop run construction in an amount equal to $2,750.00 as hereinafter set forth; 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 The City has performed the additional traffic signal loop run construction in accordance with Supplemental Agreement No. 1 to State - approved City plans, specifications and /or special provisions designated by the City as City Project No. 314 and by the Stateas State Project No. 1921 -72 (T.H. 3 =115), 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. ARTICLE II - CITY'S CERTIFICATION OF CONSTRUCTION PERFORMED The City does hereby certify and attest to the following: 2 81610 A. Satisfactory performance and completion of all contract construction in accordance with Supplemental Agreement No. 1 to the State - approved City plans, specifications and /or special provisions. B. 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 ". ARTICLE III - PAYMENT BY THE STATE The State shall advance to the City, as the State's full and complete share of the costs of the additional traffic signal loop run construction performed upon, along and adjacent to Trunk Highway No. 3 from 145th Street West to 143rd Street West within the corporate City limits under Supplemental Agreement No. 1 to State Project No. 1921 -72 (T.H. 3 =115), a lump sum in the amount of $2,750.00. The State shall advance to the City the lump sum amount after the following conditions have been met: A. Execution and approval of this Agreement and the State's transmittal of same to the City. B. Encumbrance of State funds in the amount of $2,750.00. C. Receipt by the State of a formal invoice (original and signed) in the amount of $2,750.00, which is th"e total cost of the State participation construction covered under this Agreement. ARTICLE IV - GENERAL PROVISIONS Section A. Examination of Books Records Etc As provided by Minnesota Statutes Section 160.05, subdivision 5, the books, records, documents, and acgounting procedures and practices of the State and the City relevant to this Agreement are subject to K 81610 examination by the State and the City, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section B. 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. Liability of the State is governed by Minnesota Statutes Section 3.736 and other applicable law. Liability of the City is governed by Minnesota Statutes chapter 466 and other applicable law. Section C. 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 D 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, Minnesota 55155, (651) 296 -0969. The City's Authorized A ent purpose the p ose of the administration of this Agre is N&j � C C�2� hP� g y E -i Pr , or 2;;!s successor. -mss current address and phone number are 2875,145th Street, Rosemount, Minnesota 55068, (444n 423 -4411. &S 4 81610 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. §§ 16A.15 and 16C.05. By - - -- Date MAPS Encumbrance No. CITY OF ROSEMOUNT By Mayor Date By Title Date DEPARTMENT OF TRANSPORTATION Recommended for approval: By Division Engineer Approved: By #So .n State Design Engineer Dade �� I� 2C3NER 0 ADM TRATIO •AS 1l gated to Materials Management Division By Date OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By Date 00000000000000000000000000 This Agreement was acknowledged before me this day of 2001, by ' and (Name) (Name) the Mayor and of the City of Rosemount. (Title) Notary Public My Commission Expires 9 ,nn k -s