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
�
�''�
�,- �
��-�<�'�.'