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8.c. Award Contract/Receive Bids Hwy 3 Improvements, City Project #314
(Z 14- 113 TH 3 PROJECT - TOTAL COSTS 1 NSP A. Undergrounding $84 B. Street Lights $101 Subtotal NSP $185,000 2. Contractor McNamara Contracting, Inc. $365,000 3. Engineer (WSB & Associates) $35 Total $585 5 ,000 Footnotes: 1. Assumes City staff do all inspection. 2. Note: Feasibility Report had estimated $530,000 total project cost. 3. Does not include any ornamental fencing. This will be installed by others later. Estimated -- $20,000 FUNDING BREAKDOWN Mn/DOT $108 (Lump Sum) TIF (old —prior to 12/31/99) $18500 (2 NSP contracts) TIF (items within TIF area) $77,400 Local A) Park- and -Ride Lot $12000 B) Fencing $20,000 C) Outside TIF $94 Sub -Total Local Funds $234,600 GRAND TOTAL $605 TIF Cost Split for Construction Cost (McNamara Contractin Total Project Cost = $400,000 Less Mn/DOT = $108,000 Less Park- and -Ride = $120,000 Total = $172 45% of project in TIF area 45% x $172,000 $77 55% of project out of TIF area 55 % x $172,000 $949600 c CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 20000 A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE TRUNK HIGHWAY 3 IMPROVEMENTS BETWEEN 143" STREET AND 145TH STREET CITY PROJECT NO. 321 BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota, as follows: 1. All bids on construction of the TH 3 Improvements are hereby received and tabulated. 2. The bid of McNamara Construction, Inc., in the amount of $365,177.60 for the construction of said improvements are in accordance with the plans and specifications and advertisement for bids is the lowest responsible bid and shall be and hereby is accepted. 3. The Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for the construction of said improvements for and on behalf of the City of Rosemount. 4. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of all successful bidder and the next two lowest bidders shall be retained until a contract has been executed. ADOPTED this 5 day of September, 2000 Cathy Busho, Mayor ATTEST: Linda Jentink, City Clerk Motion by: Seconded by: Voted in favor: Voted against: F:\WPWII9U 191- Oftesolutionmpd SEP 705 -2000 15 :09 STATE AID 651 592 1368 P.02i12 PRE- LETTING STATE OF MINNESOTA Mn /DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 90$26 S.P. 1921 -72 T.H. 3 =115) State Funds The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and 3%e City of Rosemount 5108,000.00 Re State lump sum payment for roadway construction by the City AMOUNT RECEIVABLE 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 I V t SEP -05 -2000 15:09 STATE AID 651 582 1368 P.03/12 80826 W13EREAS the 'City is about to perform grading, bituminous surfacing, sidewalk, lighting, and storm sewer construction and other associated construction upon, along and adjacent to Trunk Highway No. 3 from 52.7 feet north of 145th Street West to 213.5 feet north of 143rd Street West within the corporate City limits in accordance with 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 grading, bituminous surfacing, sidewalk, and storm sewer construction; and WHEREAS the State is willing to participate in the costs of the grading, bituminous surfacing, sidewalk,'and storm sewer construction and associated construction engineering in an amount equal to $108,000.00 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: 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 /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). The contract construction shall be performed in accordance with State- approved City plans, specifications and /or 2 SEP -05 -2000 15:09 STATE AID 651 582 1368 P.04i12 80826 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. The City shall, within 7 days of opening bids for the construction contract, submit to the State's State Aid Agreements Engineer at Roseville a copy of the low bid and an abstract of all 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. 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. Withdrawal from or cancellation of the - Agreement shall be accomplished by either party serving a written notice thereof upon the other. Section D Direction, 63We M g ^n and 1nagection 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's Metropolitan Division'Engineer or his authorized. representatives. The City shall give the State Aid Agreements Engineer five days notice of its intention to start the contract construction. Responsibility for construction shall carried out in acc+ including No. 1609 Specifications for the control of materials for the contract be on the City and its contractor and shall be Drdance with Specifications No. 1601 through and as set forth in the State's current "Standard Construction ". 3 SEP -05 -2000 15:10 STATE AID 651 582 1368 P.05i12 80826 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 Division Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. All changes in the plans, specifications and /or special provisions for the contract construction and all addenda, change orders and /or supplemental agreements entered into by the City and its contractor for contract construction must be approved in writing by the State Division Engineer's authorized representative. 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. The City shall, without cost or expense to the State, obtain all rights -of -way, easements, construction permits and /or 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 /or 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 4 SEP -05 -2000 15 :10 STATE AID 651 582 1368 P.06i12 80826 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). "TCLE ix - 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, bituminous surfacing, sidewalk, and storm sewer construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 3 from 52.7 feet north of 145th Street West to 213.5 feet north of 143rd Street West within the corporate City limits under State Project No. 1921 -72 (T.H. 3 =115), a lump sum in the amount of $108,000.00. 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 same to the City along with a letter advising the City of the State's concurrence in the award of the construction contract. 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 the construction contract has been executed by all necessary parties. 5 SEP -05 -2000 15:10 STATE AID 651 582 1368 P.07i12 80626 ARTICLE III CONSTRUCTION DOCIRM NTS EM=8 ED 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 /or 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 /or 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. 6 SEP -05 -2000 15:10 STATE AID 651 582 1368 P.08/12 80826 F. A copy of the "as built" plan sent to the State's District Engineer. .The City shall furnish its contractor with new castings and /or 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 City Upon satisfactory completion of the park and ride lot construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the park and ride lot 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 /or seal coating and any other maintenance activities necessary to perpetuate the park and ride lot in a safe and . usable condition. Upon satisfactory completion of the storm sewer facilities 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. 7, SEP -05 -2000 15 :11 STATE AID 651 582 1368 P.09i12 80826 Upon satisfactory completion of the lighting facilities construction to be performed within the corporate City limits, the City shall provide for the proper maintenance of and keep in repair those facilities, without cost or expense to the State. The City shall also provide the necessary-electrical energy for their operation, without cost or expense to the State. 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 Golden valley and is made a part hereof by reference with the same force and effect as though fully set forth herein. Section xxa3n1nation of Books. Records, Etc As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to 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. SAct3or R. 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 8 SEP -05 -2000 15:11 STATE AID 651 582 1368 P.10i12 80826 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. s gti F. 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 4 Aare ant A"rova 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. ARTTCLF. V AUORZZED_AOW The States 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 Agent for the purpose of the administration of this Agreement is Dan Fick, City Engineer, or his successor. His current address and phone number are P.O. Box 510, 2875 145th Street, Rosemount, Minnesota 55068, (612) 423 -4411. 9 SEP -05 -2000 15:11 STATE AID 651 582 1368 P.11/12 80826 IN TESTIMONY WHEREOF the parties have executed this A greement by their authorized officers STATE ENCIIMBR_A CE VERIFICATION DEPB,RTME OF TRANSPO T TION Individual certifies that funds have been encumbered Recommended for approval: as required by Minn. Stat. 59 16A.15 and 16C.05. By B Division Engineer Approved: Date B state Design Engineer MAPS Encumbrance No. Date COMMISSIO R OF AD INISTRATION As delegated to Materials, management Division By mayor Date By Title Date By Date OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By Date p,�,ppp,ppppp.p.�Q ©a � }c7C`+G7400404C0000000*Je70�'}G This Agreement was acknowledged before me this day of 2000, by and , (Name) (Name) the Mayor and of the City of Rosemount. (Title) Notary Public My Commission Expires� 10 .--p — -V� SEP -05 -2000 15:11 STATE AID 651 582 1368 P.12/12 CITY OF ROSEMOUNT RESOLUTION IT IS RESOLVED that the City of Rosemount enter into Mn/DOT Agreement No. 80826 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the lump sum amount of $108,000.00 as the State's share of the costs of the grading, bituminous surfacing, sidewalk, and storm sewer construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 3 from 52.7 feet north of 145th Street West to 213.5 feet north of 143rd Street West within the corporate City limits under State Project No. 1921 -72. IT IS FURTHER RESOLVED that the Mayor and the are Mae) authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Rosemount at an authorized meeting held on the day of 2000, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this day of , 2000 Notary Public My Commission Expires (Sip um-) (Type or Rini None) (ride) TOTAL P.12 y CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2000 - 91 A RESOLUTION APPROVING MuDOT AGREEMENT NO. 80826 WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Rosemount is currently involved in beautification and functional street improvements, they are entering an agreement with the State of Minnesota, Department of Transportation (Agreement No. 80826) for the following purposes: IT IS RESOLVED that payment by the State to the City of the lump sum amount of $108,000.00 as the State's share of the costs of the grading, bituminous surfacing, sidewalk, and storm sewer construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 3 from 52.7 feet north of 145"' Street West to 213.5 feet north of 143 Street West within the corporate City limits under State Project No. 1921 -72. NOW THEREFORE, BE IT RESOLVED that the Mayor and the City Administrator are authorized to execute the Agreement and any amendments to the Agreement. ADOPTED this 5th day of September, 2000 by the City Council of the City of Rosemount. Cathy Busho, Mayor ATTEST: Linda J. 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 5th day of September, 2000, as disclosed by the records of said City in my possession. (SEAL) Linda J. Jentink, Rosemount City Clerk RESOLUTION 2000 -91 Motion by: Voted in favor: Second by: Voted against: Member(s) not present: