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HomeMy WebLinkAbout6.q. Approve Cooperative Agreement for Conley Avenue CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: July 6, 1999 AGENDA ITEM: Approve Cooperative Agreement - Conley AGENDA SECTION: Avenue Consent PREPARED BY: Bud Osmundson AGENDA �c�� �L � City Engineer/Public Works Director � 0 ATTACHMENTS: MNDOT Memo and Cooperative APPROVED BY: A reement, Resolution � This item is for Council consideration to enter into a Cooperative Agreement with the Minnesota Department of Transportation for the Conley Avenue Project, City Project #303. MNDOT has agreed to pay the City a lump sum of $350,000 for the improvements to Conley Avenue, the removal of the 140th Street access to State Trunk Highway 52/56 and the dedication of access rights through the 140th Street East intersection. The City has previously approved the project and approved the preliminary plat for the Rich Valley Industrial Park which includes the Wayne Transport, Solberg Aggregate, Fleet Development and outlots. This is one of the final steps for.the City to receive the funding. The Conley Avenue improvements are scheduled to be bid on July 16th with award on July 20th. Staff recommends approval of the Cooperative Agreement. RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION (AGREEMENT NO. 79223) FOR THE CONLEY AVENUE IMPROVEMENTS AND TO AUTHORIZE THE NECESSARY SIGNATURES. COUNCIL ACTION: 11 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1999 - A RESOLUTION TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION (AGREEMENT NO. 79223) FOR THE CONLEY AVENUE IMPROVEMENTS S.P. 1906-44 (T.H. 52 = 118) S.A.P. 208-117-01 IT IS RESOLVED, that the City of Rosemount enter into MN/DOT Agreement No. 79223 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 Trunk Highway No. 52 access closure at 140th Street East, and detached frontage road (Conley Avenue) construction and other associated construction from County State Aid Highway No. 42 (145th Street East) to 140th Street East within the corporate City limits under State Project No. 1906-44 (T.H. 52 = 1 18) and State Aid Project No. 208-1 17-01 . BE IT FURTHER RESOLVED, that the Mayor and the City Clerk are authorized to execute this Agreement. ADOPTED this 6th day of July, 1999. Cathy Busho, Mayor ATTEST: Susan M. Walsh, City Clerk Motion by: Seconded by: Voted in favor: Voted against: - - JUN-30-1999 20�18 651 296 9563 P.��i� _ '' ���� �� Memo qffice of?echnicaE Support � (?fi'�ce Tel: (651)296-0969 Muri�cipaWt�liiy Agreements Units Fax (651}296-9868 Ma1 Stap 682,Room 618 � 395 John Ireland Boulevard SC P�ut,MN 55155 June 30, 1999 To: Jim Schmidt Cooperative Agreement En�ineer ��S � From: Maryanne Kelly-Sonnek �� ��"��� e men� ts En ine� MunccipaUUtciity Agr e g Subject: Propa�ed Coop. Const Agree.No. 79223 . City of Rosemount S.P, 1906-44 (T.H.52=118) S.A.P.208-117-01 . , State lump sum payment for frontage road construction by the City east of T.H. 52 from C.S.A.H.42 to 140�'Street East Transmitted herewith in duplicate is a proposed agreement with the City of Rosemount. This agreement provides for a lump sum payment by the State to the City of the State's shar�of the cost�of the frontage road construction to be performed upon,along and adjacent to T.H. 52 within the corporate City timits. Kindly present this agreement to the City Council for their approval and execution which includes original signatures of the City Council authorized City off cers on both copies of the agreement. Also required are two originaI copies of a resolution passed by the City Council authorizing its o�cers to sign the agreement on its behalf. A suggested form of such resolution is enclosed. It is requested that the executed agreements and resnlutions (two originals of each)be forwarded to this office as soon as possible. A capy will be returned to the City when fully ea�ecuted. Please send me a co�y ef,�our L�tter transmitting the a�reement ta the Citv far annroval. cc: � 'File . PRE-LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 79223 S .P. 1906-44 (T.H. 52=118) S.A. P. 208-117-01 State Funds The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and The City of Rosemount 5350, 000 .00 Re: State lump sum payment for frontage road construction by the City east of T.H. 52 from AMOUNT RECEIVABLE C.S.A.H. 42 to 140th St . East . (None) Mn/DOT Accounting Information: Vendor Number: Fiscal Year. Agencc- T-7(� Fund: Org/Sub: Appr: Amount Contract: Order: Number/Date/Entry Initials Number/Date/Signatures (Individual signing certifies that funds have been encumbered as required by lllinn.Stat.§16A.1 S.J Budget Office: (Authorized Si2nature) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as 1 the "State" and the City of Rosemount, Minnesota, acting by and through its City Council, hereinafter referred to as the "City" . 2 79223 WHEREAS the City is about to perform grading, surfacing, storm sewer and city utilities construction and other associated construction upon, along and east of Trunk Highway No. 52 on the detached frontage s road (Conley Avenue) from County State Aid Highway No. 42 (14�th O Street East) to 14�'th Street East within the corporate City limits in accordance with City-prepared plans, specifications and/or special provisions designated by the City as City Project No. 303 and by the State as State Project No. 1906-44 (T.H. 52=118) and State Aid Project No. 208-117-01; and WHEREAS the City has requested participation by the State in the costs of the frontage road construction; and WHEREAS the State is willing to participate in the costs of the frontage road construction and associated construction engineering in an lump sum amount as hereinafter set forth; and WHEREAS the City shall furnish to the State, under a seperate -� document, a quiSi}� claim deed relative to the access closure of 140th Street East at Trunk Highway No. 52 , prior to construction; 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. 3 79223 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/or special provisions designated as State Project No. 1906-44 (T.H. 52=118) and State Aid Project No. 208-117-01 . The contract construction shall be performed in accordance with State-approved City plans, specifications and/or 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 Metropolitan Division 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. 4 79223 Withdrawal from or cancellation of the Agreement shall be accomplished by either party serving a written notice thereof upon the other. 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 ' s Division Engineer or his authorized representatives . The City shall give the Division 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 Division Engineer' s authorized representative, for unavoidable delays encountered in the performance thereof. 5 . 79223 Section F Plan Changes. Etc. 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. Section G Compliance with Laws Ordinances and ReQulations 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 RiQht-of-Way Easements and Permits The City shall, without cost or expense to the State, obtain all rights-of-way, access closures, 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, access closure and easements, and certified copies of those construction permits and/or other permits and sanctions required for the contract construction. 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 6 79223 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, as the State ' s full and complete share of the costs of the access closure and frontage road construction and associated construction engineering to be performed upon, along and adjacent to and east of Trunk Highway No. 52 along Conley Avenue from County State Aid Highway No. 42 (145th Street No. East) to 145th Street East within the corporate City limits under State Project No. 1906-44 (T.H. 52=118) and State Aid Project No. 208-117-01, a lump sum in the amount of $350 , 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 . 7 79223 C. Execution and approval of this Agreement and the State ' s transmittal of same 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 . 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 . 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/or supplemental agreements. 8 79223 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. F. A copy of the "as built" plan sent to the State ' s Division Engineer. ARTICLE IV - GENERAL PROVISIONS Section A Replacement of Castincrs 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 . 9 79223 Section B Maintenance by the Citv Upon satisfactory completion of the Conley Avenue construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway 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 roadway 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 . 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 Division Hydraulics Engineer at Oakdale and is made a part hereof by reference with the same force and effect as though fully set forth herein. 10 79223 Section D. 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 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 . Section E. Claims All employees of the City and all other persons employed by the City in the performance of contract construction, construction engineering and/or maintenance covered under this Agreement shall not be considered employees of the State . Al1 claims that arise under the Worker' s Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction, construction engineering and/or maintenance covered under this Agreement shall in no way be the obligation or responsibility of the State . Section 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 G. Agreement A�nroval Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receive approval of State 11 79223 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/Utility 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 Bud Osmundson, City Engineer, or his successor. His current address and phone number are 2875 145th Street West, P.O. Box 510, Rosemount, Minnesota 55068-0510, (651) 423-4411 . 12 79223 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers . DEPARTMENT OF TRANSPORTATION CITY OF ROSEMOUNT Recommended for approval : By Mayor By District Engineer Date Approved: By By State Design Engineer Date (Title and Date) OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF ADMINISTR.ATION Approved as to form and execution: By By Assistant Attorney General Date 13 79223 000000000000000000000000000000000000000 State of Minnesota County of Dakota This Agreement was acknowledged before me this day of , 1999, by and (Name) , the Mayor and (Name) (Title) of the City of Rosemount, and they executed this Agreement on behalf of the municipality intending to be bound thereby. ,��a Notary Public ���� `� ��. � ��Y My Commission Expires � 14 CITY OF ROSEMOUNT RESOLUTION IT IS RESOLVED that the City of Rosemount enter into Mn/DOT Agreement No. 79223 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 Trunk Highway No. 52 access closure at 145th Street, and detached frontage road (Conley Avenue) construction and other associated construction from County State Aid Highway No. 42 (140th Street East)to 145th Street East within the corporate City limits under State Project No.1906-44 (T.H. 52=118) and State Aid Project No. 208-117-01. IT IS FURTHER RESOLVED that the Mayor and the are authorized to execute the Agreement. cT'`ie> CERTIFICATION State of Minnesota County of Dakota 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 , 1999, as shown by the minutes of the meeting in my possession. (Signature) Subscribed and sworn to before me this day of , 1999 cTy��o�P���t Name> Notary Public (Tide) My Commission Expires � �''� �,- � ��-�<�'�.'