HomeMy WebLinkAbout5.b. Receive Bids, Trunk Hwy 3 Improvements, Coop Agreement with MNDOT, #239 CITY OF ROSEMOUNT
" EXECUTIVE SUMMARY FOR ACTION
L �. . . . . . . .. � � . . .
CITY COUNCIL MEETING DATE: August 3, 1993
AGENDA ITEM: Receive Bids, T.H.#3 Improvements AGENDA SECTION:
Authorize Cooperative Agreement w/NINDOT, #239 Old Business
PRSPARED BY: Bud Osmundson AGENDA �p�� � � �
City Engineer/Assistant Public Works Director � �
ATTACffi�NTS: Bid Tabulation from OSM, Reso. APPR D .
OSM letter, Letter, Cooperative Agreement, � �
On Monday July 26, 1993 bids for the referenced oject re opened
and read aloud publicly. Five bids were received and are listed on
the attached bid tabulation for your review. The low bid received was
from Hardrives, Inc. , 9?24 lOth Avenue North, Plymouth, Minnesota
55441 in the amount of $442 , 590 .71. The Engineers estimate was
$456, 941. Also attached is a letter from OSM and the Cooperative
Agreement from I�TDOT for the referenced project. In the Cooperative
Agreement NIl�iDOT agrees to pay approximately $356, 000 of the
construction and engineering costs based on the cost estimates. The
remainder of the funds required were bonded for with the Armory
proj ect. _
The process to be completed now is that the City must sign the
Cooperative Agreement and send it back to N.�TDOT for their final
signatures . Then at the August 17, 1993 meeting we will come back to
Council for a request to award the project. At this time the
recommendation would be to award the project ta Hardrives, Inc.
Therefore, at this time, Staff recommends that Council receive the
bids with one resolution and adopt another resolution to authorize
entering into a Cooperative Agreement with NINDOT.
RECObIlKENDED ACTION: MOTION TO ADOFT A RESOLUTION RECEIV�NG BIDS, TRUNK
HIGHWAY #3 IMPROVEMENTS, CITY PROJECT #239 .
MOTION TO ADOPT A RESOLUTION AUTHORIZING A COOBERATTVE AGREEMENT WITH
MNDOT FOR TRUNK HIGHWAY #3 IMPROVEMENTS, CITY PROJECT #239 .
COUNCIL ACTION:
1
.
,
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLIITION 1993 -
A RESOLiTTTQN RSCEIVING THE BIDS FQR
TRIINR HIGHPIAY #3 IMPROVEMENTS
CITY PROJECT #239
S.P. 1921-61
BE TT RESOLVED, by the City Council of the City of Rosemount, Minnesota,
as follaws:
1. All bids on construction of Trunk Highway #3 Improvements are
hereby received and tabulated.
ADOPTED th�.s 2nd day of August, 1993
E. B. McMenomy, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against• ,
� � s . � . . . . . .
. .i �. . � � ' � . � .
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1993 -
A RESOLUTION AUTHORIZING A COOPERATIVE AGREEMENT
WITH MINNESOTA DEPARTMENT OF TRANSPORTATION
FOR TRUNK HfGHWAY #3 IMPROVEMENTS
CITY PROJECT #239
S.P. 1921-61
BE IT RESOLVED, that the City of Rasemount enter into Agreement No. 70971 with the
State of Minnesota, Department of Transportation for the following purposes, to-wit:
To provide for payment by the State to the City of the State`s share of the costs of
the grading, bituminous surfacing and channelization construction and other
associated construction to be performed upon, along and adjacent to Trunk Highway
No. 3 from Engineer Station 1536 + 42.00 (1,033 feet south of Lower 147th Street)
to Engineer Station 1607 + 85.81 (1,086 feet north of Connemara Trail) in
accordance with City-prepared plans, specifications and/or special provisions
designated as State Project No. 1921-61 (T.H.3=001).
BE IT FURTHER RESOiVED, that the proper City officers are hereby authorized and directed
to execute such agreement.
ADOPTED this 3rd day of August, 1993.
E. B. McMenomy, Mayor
ATTEST:
Susan M. Wafsh, City Clerk
Motion by: Seconded by:
Voted in favor.
Voted against:
, � f.; Ott
� � � ' �`-'` Schelen
� * : ' ,� � `�� Ma��eron&
� �—.� � t:.�. Associates,inc.
July 27, 1993 `""`
300 Park Ptace Center � .
577511'a�2ata Baulevard
A4inneapolis,P4N 55416-1228
Honorable Mayor and City Council 6�2-s9s-s��s
1-800-753-5775
City of Rosemount FAX 595-5774
Engineers
2875 - 145th Street West � ATch�cec�s
Rosemount, MN 5506$ P►�nners
Surveyors
Re: S.P. 1921-61 ('TH 3)
City Project No. 239�
City of Rosemount
Contract Bids
OSM Project No. 4845.20
Dear Mayor and CounciL•
Bids were received for the above-referenced project at 10:30 A.M., July 26, 1993 and
were opened and read aloud. A total of five responsible bids were received. Hardrives
Inc:; 9724 lOth Avenue North, Plymouth, Mn 55441, submitted the lowest bid in the
amount of $442,590.71. The bids were checked for mathematical•accuracy and tabulated.
The Engineer's Estimate was $456,940.95.
We recommend the City of Rosemount accept the bid from Hardrives, in the amount of
$442,590.71. Contract Award should be withheld until the City receives Mn/DOT
approval.
The Bid Tabulation and Bid Extension are enclosed,
Sincerely,
ORR-SCHELEN-MAYERON
& ASSOCIATES, INC.
�
Ronald B. Bray, P.E:
Manager, Transportation Department
enclosures
c: Ron Wasmund - City of Rosemount
Bud Osmundson - City of Rosemount
Craig Coughlin - Mn/DOT Roseville
x:�asas.zo��r�.Ts�L�R.s�93on�.xNrr
Equal Opportunity Employer
s
l . .. � � . . . .
BID TABULATION
FOR
T.H.3 (T.H.218) Grading, Aggregate Base and Bituminous Work
FOR THE
CXTY OF ROSEMOUNT .
DAKOTA COUNTY, MINNESOTA
S.A.P. 208-014-01/S.P. 1921-61
CITY PROJECT N0. 239
BIDS OPENED: JULY 26, 1993 ORR-SCHELEN-MAYERON
10:30 A.M. & ASSOCIATES, TNC.
.:> <.,. � >:
;.
_ ;
::::: .
CONTRA.CTOR BID�SECURITY: :TOTAL BID ::
Hardrives, Inc. *$442,590.71
G.M.H. Asphalt Corp. 449,409.92
Bituminous Roadways, Inc. 514,676.47
Valley Paving, Inc. 532,325,05
McNamara Cont. Co. Inc. * 485,191.38
Engineer's Estimate $456,940.95
I HEREBY CERTIFY THAT THIS
IS A TRUE AND C.QRRECT
- TABULATI4N OF THE BIDS AS
RECEIVED OI�I:
DATE: JU 26, 1993
�,� BY:
BUD OSMUNDSON, P.E. City Engineer RON BRAY P,E.
OSM Project No. 4845.20 & 4845.40 *Denotes Corrected Figure
�
[xtension of Oids
S.T.H.3 IMPROVEMENTS-S.A.P.208-010-Oi/S.P. 192t-61 Monday July 2G, 1993 10:30 AM
OWNER PROJECT 239
`DENOTES CORRECTED FIGURE
CITY OF ROSEMOUNT
OSM PROJECT#4845.20&4845.40
ENGi�lEER'S LOW BIDDER; 2ND BIDDGR 3RD BIDOER 4TH BIDDER STH BIDDER
ESTIM�{TE HARDRIVES.ING G.M.H.ASPHALT CORP. MCNAM�RA CONT. BITUMINOUS CONS. VAILEY PAVING INC
� � � Tol.l Qd: � 5�56,9a0.95 TolalOid: 'SM2,590.7i ' To��l ti0: 1Aa9.009.92 Totd BId: 'S�B5,�91.J8 Total6d: 351I,616.�7 Total f}d: SSJ2.J250!�
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. . � � . 2 EAC�i 140.00 �^O.M7 � 40Q00 RtM(10 J25�OQ_y_f5DOf1 __�5000�_.__ 90000 _ J2J00 __ 6�6W1 � �ISM1 l�700�•.
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� _ �.__ _�_ ._._�_ .,.._ . .
� � � �52501.S7J.00OiL INSTALIMETALAPRON � �
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. � . J!�0501.602•00020- �HYORANT � � � t fACN 1.100.00 � tJ00.00� t,AOA.W. 1.800,0t� 1 500.00 I.500�00 �.°OO.UO 1.900.60 1.�00.00� {.i00.00� I.560 M` I.tf..l�M'�
Pat�e 1 of 2
Exlension of f3ids
S.T.H.3 IMPROVEMENTS-S.A.P.208-010-01/S.P. 1921-61 Monday July 26, 1993 10:30 AM
OWNER PROJECT 239 'DENOT6S CORRECTED FIGUR[
CITY OF ROSEMOUNT
OSM PROJEC7#4845.20&4845.40
ENGINEER'S LOW BIDOER 2ND BIDDER 3RD aIDD[R 4TH BIDDER 5THBIDDER
ESTIMAT[ HARORIV[S.IN0. . G.M.H.ASPHAIT CORP. MCNAMARA CONT. OITUMINOUS CONS. VALIEY PAVING INC
�� � To��1�id: Sa5G,940.05 telal tlid: �'3M2.590.T�� Told(Ydi � SMO�,W9 92 Tol.y(tid: � '3d85.191.J0 To1.Y UJ: . 3511.676.�7 ToG9 Od: . 35�2.725OS
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�_ ._� �._ . . �-�. .
10 OSM.60b0080Y 6'GATE VAWE ANO W% � I EACH � �00.00 . 400.00 SOO.W ... __._ 600:00..... d50.00 ,. . . a50.00 550.00 . 550.00 550.00 550.00 520.00 . 5200t
. __... -'----.__._.. ...._ _.__�......
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� � Y 41:OSW.WY0�065• 6'WATER MAIN-OUCT fRON C152 6 UN FT � 20.00� . 1^.0.00 A0.00 �2�0.00 � 75.00. IS000 �� JJ 00. 198.00 80.00 �B0.00 52.f0 Jt...
. 42 OSW.605•000�0• 1'POLYSTYRENE INSULAT�ON � � 75 Sa YD .15.00 1.125.00 Y1.00 -.1.575:00� �2.50 18J.S0 2�-00 t.s00.00 � � 22.00 1.650:00 �1.65 � J�2I.7R
� � �J ISO6.50�1•00080• CONST DRAtNAOE STRUCTURE DESIGN H 7.05 UN FT f f0.00� 7J5.50 I00.00 � 1.269.00 f00.00 T05.00 � I85.00. I.JOA,25 � 275.00 � 1.9JB�75_ 210.00 - -t!PO 5!'
� t12506.50i•02�20- �CONSTDRAINAGESTRUCTURfDES�A-�020 , t�JC7N�Ff �IS000 1.665.00 200.00 2,220.00� IAOAO � IS..d00 _ 200.00 2.220.Wf 275.00 J_052.50 _210.00 - 2.�•1�M'
t25Q.00 v JJ0.00 . 1650.00 225.00 1.125.00 �2t000 �_ �.JMM'
. '--'� � � � � S EACH� a00.00� t.500.00 J00.00�. t.S00.0o � . YS0.00 .. �_. __--- . - -- ..� -- �-. .
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- .•. . :tb f10�J 200:M1� 5i0.0¢ SS0�0t� v 26UtM
�T 0506.602•OOOIO-..CIEAN OUT CATCM DASIN � � f EACN � 50.00 �� 50.00 � 250.00 . 250.00 150.00� 1``�� �__,_ . ---" ----'- ." �
� � �8 2511.501•OOOIY RANDOM RIPRAP GU�SS Iil . � 18 CU YD J000 540.00 70.00 .. ....1_260.00 _.'."'60.00 1.000:00 65.00 . ..I.iT0.00 66.00 1.188.00 78 iJ 1�OS Jd
� � ...._...__._ .__.. .......:... . .... ._._... .
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Schelen
Mayeron&
July 2b, 1993 Associates,tnc.
300 Park Place Center
5775 Wayzata Boulevard
Minneapoli5,MN 55416-1228
Mr. Bud Osmundson 6�z-s9s-s�zs
1-800-753-5775
Cl� Of ROS82110llIIt FAX 595-5774
2$7$ - 14Sth Street WeSt Engineers
Architects
Rosemount, 1��1N 55068 ptanners
Surveyors
Re: State Project 1921-61, City Project No. 239
Located on T.H. 3 from 1033 Feet South of 147th Street to
1086 Feet North of Connemara Trail
City of Rosemount, Dakota County
Cooperative Agreement No. 70971
OSM Project Nos. 4845.20 & 4845.40
Dear Bud:
Enclosed are three (3) copies of our proposed agreement between the Minnesota
Department of Transportation and the City of Rosemount and three (3) copies of a
sample resolution proposed by Mn/DOT. This agreement provides for the payment to
the City of about 73% of the contract amaunt proposed for the T.H. 3 improvements.
Please review the enclosed agreement and resolution and place this on the agenda for
your August 3, 1993 Council Meeting if it meets the City's approval. Original signatures
are needed aiong with the City Seal on all three cc�pies af the agreement and resoiution.
Plea,se return these to me when they are approved and I wili expedite them through the
Mn/DOT. __
I have also enclosed a copy of the letter sent to me by Greg Coughlin, Cooperative
Agreement Engineer, from Mn/DOT and there is a copy of the resolution for the City's
file until the agreement is fully executed, at which time an original copy will be retumed
to the City for their files.
Please call me if you have any questions in this matter. Thank you.
Sincerely, ,
ORR-SCHELEN-MAYERON
& ASSOCI.ATES, INC.
�
Ronald B. Bray, P.E.
Manager, Transportation Department
enclosures
H:\4845.20\TRANS\LEI'TERS\930726.B0
�,�N�soT,� Minnesota Departrnent of Transportation
� yo Metropoiitan Division
; a Waters Edge Building
� 1500 West County Road B2
y�'1'rOF,��1� Roseville,Minnesota 55113
Reply to 5$2-1373
Telephone Na
July 21, T993 _
Mr. Ron Bray .
Ozr Schelen Mayeron & Associates, Inc.
300 Park Place Center
5775 Wayzata Boulevard
Minneapolis, MN 55416-1228 �
Dear Mr. Bray: .
Subject: SP 1921-61
� TH.3 from 1033' S. of 147th to 1086' N. of Connemara Trail
City af Rosemount :
Cooperative Agreement No. 70971
Attached are three copies of a proposed 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 for the project and canstruction engineering to be performed along and
adjacent to TH 3.
Kindly review this agreement and arrange to have it piesented to the Ciry Council for their approval
and e-�eec�€ion,w�ich includes original signatures of the Ciry authorized o�ficers on all three copies__of __ __
the agreement. Also required are three copies of a new resolution passed by the City Council
authorizing its officers to sign the agreement in its behalf. A suggested form of such resolution is
enclosed. - �
To expedite matters, the executed agreement and resolution copies should be returned to me for _
execution by the Metro Division Engineer, after which all copies will be returned to the Municipal
Agreements Section for further execution on behalf of the Department. A copy will be returned to
the City when tJie agreement is fully executed. Please contact me if you have any questions:
. . . . . . . ' .. . . ',Y i � . . -.. _. .
Sin er ly, �� i ;
... .: ,.:.. ::�.;1 �..
, � ,r
� , :
.
s A� reement= ._ :
. � . . _ - - � _. g :.r.3 . .
v,-t. � � �-: Copy: Is For Tlie = .=�r:
Greg M. oughlin :- • . . - -
� Cl�f� 's :Use .Until= . .
Cooperative Agreement Engineer, Metro Division , y:
cc: Mary Bieringer � T _ � . • ' = � ;
project File at lt R��1�� ,�,,
enclosures: � �. FUlly E��ute� - CQ ?
.
. . ._ _ _ - .�.z Y
_ ._ _.._ _ _. . : _ ._. . .
An Equal Opportuni�y Employer . �
_ . -
�
,
PRE-LETTING STATE OF MINNESOTA AGREEMENT NO.
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION 70971
AGREEMENT
S.P. 1921�61 (T.H. 3=001)
State Funds
Agreement between ORIGINAL
The State of Minnesota AMOUNT ENCIJMBERED
Department of Transportation, and
The City of Rosemount $381, 5a1. 67
Re: State cost roadway construction -
by the City on T.H. 3 from 1, 033
feet south of lower 147th Street AMOUNT RECEIVABLE
to 1, 086 feet north of Connemara
Trail (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 Ci.ty of Rosemount, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City" .
�
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70971
WITNESSETH:
WHEREAS the City is abaut to perform grading, bituminous surfacing
and channelization construction and other assoeiated construction
upon, along and adjacent to Trunk Highway No. 3 fram Engineer Station
1536+42. 00 (1, 033 f�et south of lower 147th Street) to Engineer
Station 1607+85.81 (1, 086 feet north of Connemara Trail) within the
corporate City limits in accordance with City-prepared plans,
specifications and/or special provisions designated by the City as
City Project No. 239 and by the State as State Project No. 1921-61
(T.H. 3=001j and State Aid Project No. 208-010-01; and
WHEREAS the City has requested participation by the State in the
costs of the grading, bituminous surfacing and channelization
construction and other associated construction and associated
construction engineering to be constructed under State Project
No, 1921-61 (T.H. 3=001) ; and
WHEREAS the State is willing to participate in the costs of the
• • grading, bituminous surfacing and channelizatian construction and
other associated construction at a mutually agreed upon composite
percentage as hereinafter set forth; and
WHEREAS the aforementioned composite percentage is based on estimated
construction quantities assignable to each party to this agreement, in
accordance with the latest State policies, procedures and directives
multiplied by the State-approved City Engineer's estimated unit
prices; and
WHEREA.S the State is willing to participate in the costs of the
construction engineering associated with the State cost participation
construction as hereinafter set forth; and
WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
. 2
4
70971
cooperate with any governmental authority for the purposes of
construeting, maintaining and improving the trunk highway system.
IT I8, THEREFORE, MIITIIALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRIICTION 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 by the City as
City Praject No. 239 and by the State as State Project No. 1921-61
(T.H. 3=00I) and State Aid Project No. 2d8-010-01. The contract
construction shall be performed in accordance with State-approved
City plans, specifications and/or special grovisions which are on
fiZe 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. Docwaents to be Furnished to the State w
The City sha11, within 7 days of opening bids for the construction
contract, submit to the State's State Aid Agreements Engineer at
Roseville a certified 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 Ac7reement
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 '
3
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70971 -
accomplished by either party serving a written notice thereof upon
the other. .
section D. Direction, Supervision aad Inspection of Constructian
The contract construction shall be under the direction of the City
and under the supervision of a registered professional engineer;
however, the State cost participation construction covered under this
agreement shall be open to inspection by the State's Metropolitan
Division Engineer at Roseville 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 the control of materials for the State cost
participation construction covered under this agreement shall be on
the City and its cantractor and shall be carried out in accordance
with Specifications No. 1601 through and including Na. 16Q9 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
campleted 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.
Section F. Additional Construction. Plan Changes, Etc.
The State shall not participate in the cost of any contract
construction that is in addition to the State cost participatian
construction covered under this agreement unless the necessary State
funds have been encumbered prior to the performance of the additional
4
(
l . . . � . . . . . .
�o9�i -
contract construction and the terms and conditions in the following
paragraph have been met. .
All changes in the plans, specifications and/or special provisions
for the State cost participation construction covered under this
agreement and all addenda, change arders and/or supplemental
agreements entered into by the City and its contractor for State cost
participation construction covered under this agreement must be
approved in writing by the State Division Engineer's authorized
representative before payment is made by the State therefor.
Section G. Complianae with Laws, Orflinances 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, including Minnesota Statute section
16B. 101, and all applicable ordinances and regulations.
Section H. RiQht-of-Wav, Easements and Perm�ts . _
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 reguired in connection with the
contract constructian, and shall promptly furnish the State with
certified copies of the documents for those rights-of-way, easements,
construction permits and/or other permits and sanctions.
The City shall, within 90 days after satisfactory completion of the
City-owned utilities contract construction, submit to the Director of
the State's Pre-Letting Services Section five copies of a perrait
application, including "as built" sketches, for all City-owned
utilities constructed upon and within the trunk highway right-of-way.
Application for permits shall be made on State form "Application For
Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525) . '
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70971
ARTICLE II - BASIS OF PAYMENT BY �HE STATE
Section A. SCHEDIILE "I" .
A Preliminary SCHEDULE "I" is attached hereto and made a part hereof
by referencs. The Preliminary SCHEDULE "I" includes a computatian of
the State cost participation construction and the construction
engineering cost share covered under this agreement.
Section B. State Cast Participation Ccnstruction
�2.24 Percent shall be the State�s cost participation for all of the
construction to be performed upon, along and adjacent to Trunk
Highway No. 3 from Engineer Station 1536+42 . 00 to Engineer Station
1607+85. 81 within the corporate City limits under City Project No.
239 and State Project Na. Z921-61 (T.H. 3=001) and State Aid Project
�to. 208-010-01.
Documentation used in determining the state's 72.24 Percent composite
percentage, EXHIBIT "Documentation", is on file in the office of the
State's Municipal Agreements Engineer at St. Paul. After receipt and
review of the construction contract bid documents describeel in : _ :
� Article I, Section B. of this agreement, the State cost composite
percentage will be adjusted based on construction contract unit
prices as described in Article III, Section A. of this agreement.
Section C. Construction EnqineerincT Costs
The State shall pay a construction engineering charge in an amount
_equal to 8 percent of the total cost of the State participation
construction covered under this agreement.
Section D. Addenda, Chanqe Orders and Supplemental Agreements
The State shall share in the costs of construction contract addenda,
hange orders and/or supplemental agreements which are necessary to
omplete the State cost participation construction covered under this
reement and which have been approved in writing by the State
ision Engineer' s authorized representative.
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70971
Section E. 8$ttlements of �laimsr
The State shall pay to the City its share of the cost of any
settlements of claims made with the City's contractor.
All liquidated damages assessed the City's contractor in connection
with the construction contract shall result in a credit shared by the
State and the City in the same proportion as their total construction
cost share covered under this agreement is to the total contract
construction cost before any deduction for liquidated damages.
ARTICLE III - PAYMENT BY THE STATE
Section A. Estimate and Advancement of the State's Cost Share
It is estimated that the State.'s share of the costs of the contract
construction plus the 8 percent construction engineering cost share
and a $25, 000. 00 contingency amount is the sum of $381,501.67 as
shown in the attached Preliminary SCHEDULE "I" . The attached
Preliminary SCHEDULE "I" was prepared using estimated unit prices and
estimated quantities as contained in the. plans. Upon receipt and
review of the construction contract bid documents described in
. Article I, Section B. of this agreement, the State shall then deaide
whether to concur in the City's award of the eonstruction contract
and, if so, prepare a Revised SCHEDU'LE "I" based on construction
contract unit prices. The State cast composite percentage as
described in Article II, Section B. of this agreement shail be
� adjusted in the Revised SCHEDULE "I" based on the construction
contract unit prices and estimated quantities. The contingency
amount is provided to cover overruns of the plans estimated
quantities of State cost participation construction and/or State-
approved additional construction including construction engineering
costs.
T�e State shall advance to the City the Statets total estimated aost
share, less contingency amount, as shown in the Revised SCHEDULE "I"
after the following conditions have been met:
7
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70971
1. Encumbrance by the State of the State's total estimated cost
share, including contingency amount, as shown in the Revised
SCHEDULE ��I n �
2. Execution and approval of this agreement and the State' s
transmittal of same to the City along with a copy of the Revised
SCHEDULE "I" and a letter advising the City of the State's
cancurrence in the award of the construction contract.
3 . 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.
Whenever it appears the cost of the State participation construction
covered under this agreement is about to exceed the current amount of
encumbered State funds, the City shall notify the State Division
Engineer's authorized representative in writing prior to performance
of the -additional- State _cost partici.pation construction. -
. Notification shall include an estimate in the amount of additional
funds necessary to complete the State cost participation construction
including construction engineering costs and the reason(s) why the
current amount encumbered will be exceeded. The State shall, upon
its approval of the additional State cost participation construction,
submit a request for encumbrance of the necessary additional funds to
- the :Minnesota Department of Finance. That action will have the
effect of amending this agreement so as to include the State's share
of the costs of the additional construction.
Should the City cause the performance of additional contract
construction which would otherwise qualify for State cost
participation covered under this agreement, but for which the State
has not previausly encumbered funds, that additional contract
construction is done at the City's own risk. The City shall notify
the State Division Engineer's authorized representative in writing of
8
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70971
� the additional State cost participation constructian. Notification
shall include an estimate in the amount of additional funds necessary
to eover the additional State cost participation eonstruction
including construction engineering costs and the reason(s) why the
current amount encumbered was exceeded. If the State approves the
additional State cost participation construction, the Gity's ciaim
for compensation along with a request for encumbrance of the
necessary additional funds shall be submitted to the Commissianer of
Finance for review pursuant to Minnesota Statute section 16A. 15,
subdivision 3, but no guarantee is made that the claim will be
approved by the Commissioner of Finance. If the Commissioner of
Finance certifies the claim for compensation and the request for
encumbrance of the necessary additional funds therefor, that action
will have the effeet of amending this agreement so as to include the
State's share of the costs of the additional construction.
If the State determines that the submittal of a claim for
compensation is warranted and it is deemed legally necessary to
- supplement this agreement, and if the claim is approved and a
, supplement to this agreement in .connection with the claim is prepared .
and processed, the first $3 , 000. 00 of the claim will not be eligible
for payment.
Section B. Records Reepinq and Invoicinct by the Gity
The State shall provide the City with a Payment Processing Package
-containing instructions, and samples of documents for processing
final payment of the State participatian construction cost covered
under this agreement.
The City shall keep records and accounts that enable it to provide
the State with the foll.owing prior to final payment by the State:
1. Cogies of the City contractar's invoice(s} covering all contract
construction.
9
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?0971
2 . Copies of the endorsed and c�hceled 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 cantract payment has been made.
3. Copies of all construction contract change orders and/or
supplemental agreements, which include identification of the cost
participation for the work contained therein. This cost
participation may be the same as the aforementioned State cost
composite percentage, or may be a different State cost
participation mutually agreed to by the State and the City.
4. A certification form attached to a copy of the Final SCHEDULE
"I", both of which shall be provided by the State. The
certification form shall be signed b�r the City's Engineer in
charge of the contract construction attesting to the following;
a. The satisfactory performance and completion of all contract
construction in accordance with State-approved City plans, :
-� specifications and/or special provisions. .
b. The 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" .
c.. Full payment by the City to its contractor for all contract
construction.
5. When requested by the State, copies, certified by the City's
Engineer, of material sampling reports and of material testing
results for the materials furnished for the State cost
participation construction covered under this agreement.
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l. Encumbrance by the State of the State's total estimated cost
` share, including contingency amount, as shown in the Revised
SCHEDULE nlu �
2. Execution and approval af this agreement and the State's
transmittal of same to the City along with a copy of the Revised
SCHEDULE "I" and a letter advising the City of the State's
concurrence in the award of the construction contract.
3 . 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.
Whenever it appears the cost of the State participation construction
covered under this agreement is about to exceed the current amount of
encumbered State funds, the City shall notify the State Division
Engineer's authorized representative in writing prior to performanae
af the additional State cost participation construction.
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. Notification shall include an estimate in the amount of additional
funds necessary to complete the State cost participation construction
including construction engineering costs and the reason(s) why the
current amount encumbered will be exceeded. The State shall, upon
its approval of the additional State cost participation construction,
submit a request for encumbrance of the necessary additional funds to
the Minnesota Department of Finance. That action will have the
effect of amending this agreement so as to include the State's share
of the costs of the additional construction.
Should the City cause the performance of additional contract
construction which would otherwise qualify for State cost '
participation covered under this agreement, but for which the State
has not previously encumbered funds, that additional contract
construction is done at the City's own risk. The City shall notify
the State Division Engineer's authorized representative in writing of
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the additional State cost participation construction. Notification
shall include an estimate in the amount of additional funds necessary
to cover the additional State cost participation construction
including construction engineering costs and the reason(s) why the
current amount encumbered was exceeded. If the State approves the
additional State cost participation construction, the City's claim
for compensation along with a request €or encumbrance of the
necessary additional funds shall be submitted to the Commissioner of
Finance for review pursuant to Minnesota Statute section 16A.15,
subdivision 3, but no guarantee is made that the claim will be
approved by the Commissioner of Finance. If the Commissioner of
Finance certifies the claim for compensation and the request for
encumbrance of the necessary additional funds therefor, that action
will have the effect of amending this agreement so as to include the
State's share of the costs of the additional construction.
If the State determines that the submittal of a claim for
compensation is warranted and it is deemed legally necessary to
--- supplement this agreetnent, and if the claiat is approved-and a -
• supplement to this agreement in connection with the• claim is prepared
and processed, the first $3 , 000. 00 of the claim will not be eligible
for payment.
Section B. Reaords Reepinq and Invoica.nQ by the City
The State shall provide the City with a Payment Processing Package
- containing instructions, and samples of documents for processing
final. payment of the State participation construction cost covered
under this agreement, �
The City shall keep records and accounts that enable it to provide
the State with the following prior to final payment by the State:
1. Copies of the City contractor' s invoice(s) covering all contract
construction.
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70971
2. 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.
3. Copies of all construction contract change orders andjor
supplemental agreements, which include identification of the cost
participation for the work contained therein. This cost
participation may be the same as the aforementioned State cost
composite percentage, or may be a different State cost
participation mutually agreed to by the State and the City.
4 . A certification form attached to a copy of the Final SCHEDULE
"I", both of which shall be provided by the State. The
certification form shall be signed by the City's Engineer in
charge of the contract construction attesting to the following:
a. The satisfactory performance and completion of all contract
construction :in :accordance with State-approved City plans,
� specifications and/or speciai provisions.
b. The 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 Canstruction" .
c. Ful1 payment by the City to its contractor for all contract
construction.
5. When requested by the State, copies, certified by the City's
Engineer, of material sampling reports and of material testing
results for the materials furnished for the State cost
participation construction covered under this agreement.
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70971
6. A copy of the "as built" plan sent to the State' s Division
Engineer.
7. A formal invoice (original and signed) in the amount due the City
as shown in the Final SCHEDULE "I".
As provided by Minnesota Statute section 16B. 06, subdivision 4, the
books, records, documents, and accounting procedures and practiees of
the City relevant to this agreement are subject to examination by the
contracting department or agency, and either the legislative auditor
or the State auditor as appropriate.
Section C. Final Pavment by the State
Upon completion of all contract construction, the State shall prepare
a Final SCHEDULE °I" based on the final. contract construction cost
and shall submit a copy to the City. The state cost composite
percentage as described in Article II, Sectian B. of this agreement
will not be adjusted based on the final quantities of State cost
participation, however, any construction- contract change �orders
�� and/or supplemental agreements invo�ving State cost participation, as
described in Section B. , paragraph 3 . of this articile, will be
applied to the Final SCHEDULE "I" . If the final cost of the State
participatian covered under this agreement exceeds the amount of
funds advanced by the State, the State shall promptly pay the
difference to the City without interest. If the final cost of the
State participation covered under this agreement is less than the
amount of funds advanced by the State, the City shall `promptly return
the balance to the State without interest. Proeedures relevant to
preparation of the Final SCHEDULE "I" and final payment of the State
participation cost covered under this agreement are detailed in the
Payment Pracessing Package, which the State shall furnish the City.
Pursuant to Minnesota Statute section 15.415, the City waives claim
for any amaunts less than $2 . 00 over the amount of State funds
previously advanced to the City, and the State waives claim for the
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7A971
return of any amounts less than $2 . 00 of those funds advanced by the
State.
ARTICLE IV - GENERAL PROVISIONS
Section A. Replacement of Castings
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 roadway construction to be
performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of the
City streets and all of the facilities a part thereof, without cost
or expense to the State. Maintenance shall include, but not be
limited to, snow and debris removal, resurfacing andJor seal coating
and any other maintenance activities necessary to perpetuate ths
roadways in a safe and usable condition.
-. Upon satisfactory completion of the walkways construction to be
performed within the corporate City limits under the construction
contraet, 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 and debris removal and any other
maintenance activities necessary to perpetuate the walkways in a safe
and �zsable condition.
Section C. Maintenance bv the State
Upon satisfactory completion of the construction to be performed
within the corporate City limits under the construction contract, the
State shall provide for the praper maintenance of the Trunk Highway
No. 3 roadway and all of the facilities a part thereof, located
within the trunk highway right-of-way.
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70971
Section D. Additional DrainaQe
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 sewe� 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.
Section E. Claims
The City at its own sole cost and expense sha11 defend, indemnify,
save and hold harmless the State and all of its agents, officers and
employees of and from all claims, demands, proceedings, actions or
causes of action of whatsoever nature or character arising out of ar
by reason of contract constructson, construction engineering and/or
• the City's maintenance responsibilitiss covered under this agreement
including an action or claim which alleges negligence of the State,
its agents, officers and employees.
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. All 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 conseguence 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.
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Seation F. Nondiscrimination
The provisions of Minnesota Statute section 181.59 and of any
applicable ordinance relating to civil rights and discrimination
shall be considered part of this agreeraent as if fully set forth
herein.
Section G. Agreement Approvai
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.
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70971
IN TESTIMONY WHEREOF the parties have executed this agreement by their
authorized officers.
DEPARTMENT OF TRAN3PORTATION CITY OF ROSEMOIINT
Recommended for approval:
By
// Q Mayor
BY ��7��� �C, 7 f5 93
,� Dir ctor
�Pr�-Letting Services Section Date
By gy
Division Engineer City Administrator
Approved: Date
DEPARTMENT OF ADMINISTRATION
By
State Design Engineer Approved:
Date
(Date of Agreement) By
(Authorized Signature)
OFFICE OF THE ATTORNEY GENERAL
Date
Approved as to form and execution:
DEPARTMENT OF FINANCE
By - APProved:
Assistant Attorney General
By
(Authorized Signaturej
Date
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' PRELIMINARY SCHEDULE "I" !
A reement No. 70971
Cit of Rosemount Preliminar : Jul 13 1 93
S.P. 1921-6 T.H. 3=001 ;
State Funds '
;
Gradin and bituminous surfacin construction erformed under a
Cit Contract with
located on T.H. 3 from 1 033 feet south of lower 147th Street to
1 086 feet north of Connemara Trail in the Cit of Rosemount
COMPUTATION FOR STATE COST PARTICIPATION IN CITY CONTRACT CONSTRUCTION
C = Total Contract Amount
1 P = State Cost Partici ation Percenta e
S = State Cost Partici ation Amount
C x P = S
456 940. 95 x 72 . 2 $ - 330 094. 14
STAT COST PARTIC P ION
From Com utation Above 330 094. 4
Construction En ineerin 8% 26 407.53
otal State Cost 356 5Q1.67
2 Contin enc Amount 25 000 00
Amount to be Encumbered 381 501. 67
1 As described in the bod of the a reement
(2) For the State's use only as described in the body of the agreement
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