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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!� . . Unil Pocn. � Ilnm Tnid UNI Pdr,� itnm Tnt y Uni Adcn �I�nm Tn1.M llnii Frir.n Il�rn Tn1.Y 1��i1 Pikn � Il+�m Tnf.�Y. �4+��fYk� Pwm T�t�• . p.m�"C Nn � Deaalpq�+n � � Owv�6N Uir1 � . . . . . 1207�.501-00001. 1A091UUTION � � 1 lUA1P5UM � 2J.00000. 2�.000.00 t0.000.00 �� f0.000.00 12.000.00 IY.00O:IN) 15.000.00 15.000.00 is.500�.00� 10.50000 22.000_00 _._.. 22.fK�0V�' � � � �TREE J5.00 225.00 � to.0o ]0.00 75.00 �'.5.00 �00.00 � POo.00 25.00 75.00 29500 ~_955M' ��2101�.502•000f0• CIEARIN4 . . .' � . . g0.00 2;��N� � �2101.507•000f0• GRUDO�NG J TREE 75:00 225.00 r I0.00 J0.00 75.IX1 225.0f� � 20000 600.00 25.00 75�� _^_ -_----.. __- _ . . . ..... .. . . .......... � ... �2102.502-00020- PAVE7dENT MAIiKING REMOVAL•PERMANCNT IJ55 lIN FT 1.�0 1.89T.00 w_ 1.00 .I,J55.00 � : 0.65 : BBOJS O.BS I,151.75 0.85 t,t51.15 0.65 880%E --"-- -_.._. . . .: .._.. , ...�._.... . .. . � ..__..__. ......-_'-'...__�.._...W_ ..._ . ..'- -"' �Oe tM A MI t,f.7:�Mi �0 00 �b7A AO 6.0(1 2.!J18 Oti 7 JO t OS� �� � 5 3101.501.00012• REAIOVEµ@TAL WWEitT r �I11 lW FT A O _.1_75:_(.O f..Ml _'_""'.._. .. ..._ . . . -.. ' . 6 2104.501•0002A. REMOVC•CONCftE1'E CUfID � +110 UN pT"'-' _- 1�0 If.S.M)� i.t� 220.00_ � A p0 `_ Adtl Mt � � ;11M� .1Jp/N� :!.0 '__'. :/1.U�* �.t 1! .�.1�!�• 7 210�.505•00021. rtE�OVE GONCRflTE wAIK �0 So vD z.so �oo.00 s.00 200.00_ �on� ieo.a � �.00_ zno.a, `--a.00 iz�on o sz �o a�, . .. •210�b05•OONO• fiEMOVECONCt1ETEPAY@MENi 7YS4Y0 � 500 � �6200 � &:DO 57G.Of1_5.Ot1--~7ra�On B00 5�6Ab 5:00�.J JG�Oo _-�2f� ' -..... �a�" 4 2101.505•OO1t0• tiEMOVE OITUMINOUS PAYEMENT . 128J 50 YD 1.00 1,20J.00 2.00 2,56G.00 i.�i0 �..I.PN.SO t.511�� 1.92�.50 I.50 1.92d.50 1.85_ 7 J:J 55 10 ZiP1.505•00122• RFMOVE BITUMINOUS SHOUIDER PAVEMENT�. B7B5$�YO 1.00� � B,7B5.00 0.50 4,�92.50� A:85 � 7.A47.2S t.t5 10,90�.25 0.70 6Jd9.50� 0.78 � 6 852 Jh �I 2101.509•OOO�S. REMOVE NYORANT � • � 1 EACN � ^.60.00 . 260.00 �700.00� 700.00 SOQ.00. 500.06 � 770.Q0 770.00 885.00 � 885�.00 � 1.0�0 00 f.0a6 d` .._ - -_ _ _,_ . ._._- ._. � 12 2101.509•0020J• �REMOVE 516N TYPE C � ��� : F2 EACH . 25.00 � �00.00� .__ 4A0�_......._. 18 00 .._�_._.�.00..�. .. . 48.00 �.00 �l.00 � �.00� �8.00 J BO �S 60 IJ 21M.SIJ�OOOU• SA4VlNQ.WT PAVEA�ENT(FUII OEPTH) . -_ . - -` 191 liN FT�- -'- 2.00'--~--'YJ02.00 2:00 �82.W �.00� � � 76A:00 �J.00 57J.00 2:00 JB2.00 �00_ ;N 0� . . 1�2�W.52J•00110• SALVAGEMETALAF'RON� 2 EACH 900.00 � 2W.00 50.00 IQ0.00 25.00 � � 50.00 220.00.` ��0.�0 �50.00 100.00_ 5200 t0�p' IS 21M.SZJ•005�9• �SAIVAGE�516N 10 @ACII 19:00 2J�.00 �� 19.00 2JA.06 12.50 � .^25.00 12.70 228.60�_1J.00� ZJ�Ol� _ 12 1? � fe�: 16 2105:501•000�0- COMAtON.EXCAVATION .� � 7259 CU YD 2.50 I8.U7.50 ��.00 29.OJ6.00 2.85� Y0:60A.15 � ,.00 � 29.OJ6.00 4.60 �J J91�0 5 10� JI OZO?!' 17 2105.507•00010- 5UOGRADE�E%CAVATION J765 CU YO � 7.00 i i.Y35.00 �.OQ� 15.060.00 T.85 10.7J0.25 � �.00 15.060.00 � ��.60 17 319.00 5.�5.:_2f�.Si4 B`. tl3105.522-00010• SElECT6RANUUIHDOR(iOW(lV) � � 6065CUY0 � 5.00 JO.J75.0f1 � 4.75 25.808:75� � �.:5 � Y5.776.25 � �5.00 . J0.925.00 6.50 �P.�^.2.50 .._�1g_ �5_1647E � �0 22f 1.501-OOOSY AOC3AEGATE OASE ClASS S 100'X CAU511ED ROCK B9J7 tON � 7.00 62.559.00 �� 6.00 . SJ.622.00 b.80 60,771:60 6:25 55,l56.25 7�.00 6T 559 00� 6 65 54.4J1 6!• , ..__..: �...... . .... . . . - ' - 20 2421:501.00010• AOGREWTE SHOUl0EA1N6 C1A55 1 u 609�TON 5.60 � �.SJ2.20 7.00� 4�26J 00 6.80 �.0 1.20 �9.00 5.�81.00 11.25 6.851.25 7A0 �.5(W 6( 21 32J1.SQt•90010• OITUMINOUSPATCHINCiM�%7UAE --'.+. ��0 70N.'�_._ --_28.00 -- �J20.OQ �50:00 �. --'2.000.00 68.OA � 2720.00 SO,OU 2.Q00.00. 105.00 1.200A� 2f000--^9.a00a' 2222J2.S01•OOQ/5• 6nLlDITUM�NOUSSURFACEI.S' 11�6t50VD 1,00 �{A6I.00 0.50 7,2J0.50 0.85 12.'•P�@S 0.75 10.8�5.75 0.65 9.JP9.65 06?__?.9%4�� . . _ � 0 1.�OC 2J.23�0.508•WMO•.. TYPE�iWEARINOCOUi15EMIXTURE 190TON 22.00 A.IBO.� 20.00 J.800.00 25�.00� a,75000 � 26.60 �,Ad000 � �5.00__ 6G50�00 . �8.00__ . . � N 2�10.50!•0006d TYPE 6�WBARINO GOURS[MIXTVRE � �56J TON � 22.00 �78.926.00 . .2G.00 iJ.158.00 26.20 � PJ.87d 50 2JJ5� 85.096.25 28.00 100 J2�00 26 90�_t�6.J82:�� �+ A5.7B000 20.25 �fi J52.2S �B 65 ��12.5a?119. 25 tJ10.512•OOMO• TYPE�i LEVEUNO COUfiSE MIXTUfiE 228n.TON 2i.00 �48.069._ 16.50 J7.768.SQ �. �I9.^•0__aJ PdB.Bo 20.00 __i _i .-. -- � - + 6A,T�0.00� 17.�5 � �T2Jl�i5 . 18.65. y50,�855•. � 26 2J10.5f1•OOOJO• TYf'C JI�DASE COURSE MtXTUHE � � 2107 TON 20.00 5�.1�0.00 16.50 A�,6f,,.50 IP20 tt MI AO. 2�.00 _ ._.. -.- -. . Z7 2J57.502-90010• �DITUMINOUS MATEPIAI FOR TACK COAT�. . 2779 6AllON i�.00 .�2.7T9.00 0.80 2.22�.Z0 I.00 ^..779.00 � �125 J.�7.1.T5 . t.TS � J,OJ.75_�1�0_ �.B4t*b!, � T!2501.511•02157. 15'CS�flPE CUIVERT.1�6AUGE _. .. �2G0 UN Ff T0.00 5.200.00 �IS.00 J.900.00� 17.00. 4,120.00 24.00 ,..... 6.210.00 � _ .3J.00 5.980.00 26.00 b.:600C.. � �_.__. ... .._._._.` .... ..... .;... . .. � +29 2501.511•02IB7• �18'CS PtPE CUIVEPT 14 GAWE��� ---- ..'-•-6A LIN F7 -•- --^'21.00 ---1.��A.00 Y0.00 1,^80.00 18.75 4.Y00.00 2G.00. 1.GW.00 25.OU 1.50000 _28.12 1.79Q5P � J02501.SiL022IA.. 2PCSHPECUIVERTUGAUGE � . "a6UNfT 22.00 � I.012.00 Jp.00 � t.J80.00 .2.50. 1.035.00 J0.00 1.�80.00 28.00 �� 128900�_�5i6 _ 1.57:18 . . - � _.. t.OsnM Sl 2501.515•40120• � IYRCPIPEAPRON � 2[ACH 250.00 SQ0.00 900.0� 4Q000 SI0.00 107.0.Od SSf1.00 _I,f0000_ 550.00 � 1 I0000 _520;00 _ � � � �J2 2501.51340150• 15'RC PIPE APRON � 7 t�CN �260.00 5<^0.0f� J50.00 7IN1.00 625.00 � t. ,r0 00 640.00 I,J20.00_ �410.00 i! �220.00 i57JA0 _'I.U6 M� �JZ501.567•02150. 15'CSSAFETYAPRONbGR�THUE5�1.^8 � 12E�CH i54.OQ 1.000.00 �25.00 J.900.0t� 250AOv J.000.00 JJ0.00 �J.4G0.00 2�500-' 29f0.00 J1250 _ J:::at�u� . . � � . 2 EAC�i 140.00 �^O.M7 � 40Q00 RtM(10 J25�OQ_y_f5DOf1 __�5000�_.__ 90000 _ J2J00 __ 6�6W1 � �ISM1 l�700�•. J��t501.567•02180• I B'CS SAFETY APRON b GRAT@ OGS J 12B �� �-"' '"- � �7�^' . . � � � . . 2 EACH �00.00 200.0f1 fi0.00� 120.00 � 75.00 .. ta000 275.Q0 Si000 4000___'�28.00 �_ ?fi(W --- � _ �.__ _�_ ._._�_ .,.._ . . � � � �52501.S7J.00OiL INSTALIMETALAPRON � � �6 250J.5�1•00125 �iY'RC PIPC•.SEWEA OESIGN 8006 Cl V . �111 UN FT �20.00 2,200.Of� 20.00 ....�... 2.ZB0.00 ..^.27.00 �J.078.00 JJ.00�. 1,762.00 . 50 00 5.700.00 29.i5 J.J�J��� . __.._. ._ .._.... .. _._. ... � � 1,8aA00 J125 4.:SQM. �7 2501.5�i•90155�� 1 S'RC PIPE SE WER OESIGN J006 Cl V�� -�-'-... --'�~BB UN FT� 22.00 I;PJ6.�0� ' 22.00 t.9J6.011 JJ 00 2.POd.00 � �5.00 J.O80.00 � 55.00 _-'- -__._.. -'-�� - .- . � . 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 � rysm�gp.�No � 0•sMpKen . � ..� . . . � O�iinhty U�wi � thyl Pdcn 11•m TeGN Unil i'�kn I�nm TntN Unl Pdr.n � ttmn lm.o �hMl f d.n n•�a To1.4 14+11`dcn itan To�4 1��v�n+•� � ��..••�t•�r . � J9 J50�.60t•OOOtf• ApJUST VAIVE DOX � 7 E�CH . I�0.00 . 900.00 I50.00�� i.050.00 f00.00� 70A.tM .9100G. T70.Ofi 75.00 525.00 120.00. ba0 d" �_ ._� �._ . . �-�. . 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 . __... -'----.__._.. ...._ _.__�...... . _�,_ �_.. _ ..'.'----•' '--..___. . � � 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 .. �_. __--- . - -- ..� -- �-. . � �SY506.5f6•OOOFO• CASTINOA55@MOIV . . . - � � . M1ti�� I.I00,01� ISOAh 900�N� _ ��� � °�M' � �ab 2506:52t•OOON. . APIUSt FM�fE b fiING CASTtNO � G EACH IA0.00 Od0.00 . I50.00 ..900.Q0 . 150.00 -_-•809.00 .. ....- ",__. �.___... . - _ -' �pnnr - .•. . :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 � � ...._...__._ .__.. .......:... . .... ._._... . � ��9�.Y521.SOt-00010•��'CONCflETE WAIK ..--_ J60 SOFT 220 � 7P2.00� 2.25� 8f0.00 2.00 72000 2.50 900.00. 2.10 756.00 __1.97 ;0?�� 50 ZSJ1.501•01120•� CONCAETE CUt�O 6 GUTTER DCS�GN tN24 810 UN FT 7.00 6,9T0.00� l.�0 7.SSJ.00 7.15 � 6.SOUSO 7.50 6.825.00 . 7.50� 6 B S.OQ-- 6 48 6.J5�e! . � . . 8.00 J.V60.00 � @.90 A,105.5f1 6.G5 . �.t96 75 6.:A �J.217.50 7.00 ��65 M7. 6 56 �. J N:2r� St 25�1.502•0020J• CONCRETE CURB DESIGN O6 � 495 UN FT � -'- � � � _. 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I.�O �� 8.2t f:00 t.YS �:087 SO 2.20 � S.�JJ.nO 1.25 � 3.OB7.5(�� - ,��tn � '� 6ZJ.10� 11500 � � 7S 2575.SJ1-05105• COMMERCIAL FERT ANhlY515 10•20-TO�� t.y�TON Y85 00� J81.90 aa0.00 SB9.60 ..���25.D0�� SG9.50 J75.00 502.50 �65.00 . �nc � a:r" � � � � UO ROAO STA 2000 �. 2.2M1 iM ��.tM aan rm �a an . i��n n� u on 1 cAOIM tA nn � I.cAO m � 76 2580 S0�•00010• .TEMPORARY I�NE 1AARKING �. � � � � . . . � � .. � � Pac�e 2 ot 2 � � drr 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" . � . 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 . 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) . ' 5 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. 6 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 , 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 . a . � . . . � . . � . � . ' 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 , ?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. 10 c � 70971 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. - - -- _ . 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 8 - � . 70971 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. 9 . . . 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. 10 • . . 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 li ' . 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. , 12 . 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. • 13 . 70971 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. . 14 • .4 � . � .. � � � . � � . . . . � � � � . . 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 15 . . . � . . . � � . . � P � . . . � . � . . . . � .. � . � � . � � � .. � . .� � . . i . � . . . . . .. � . . . � . . . . . . ' ' 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 _ 1 _