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HomeMy WebLinkAbout9.g. Approve Cooperative Construction Agreement for Chippendale Ave., City Project #191 . , CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: October 2, 1990 AGENDA ITEM: Approve Cooperative Construction AGENDA SECTION: Agreement for Chippendale Avenue Project New Business PREPARED BY: Richard M. Hefti AGENDA���M � (� � City Engr/Pub. Wks. Dir. / ATTACHMENTS: (1) Agreement APPR BY: (1) Resolution The attached cooperative agreement allows the Minnesota Department of Transportation to share in the costs of the 24 ' bituminous paving, gravel base and shoulders for the Chippendale Avenue Reconstruction Project, #191. The State will reimburse us for the construction costs plus 8o for engineering, which amounts to $22 , 928 . 40. The additional $10, 000 the State will encumber will be to cover quantity overruns or necessary change orders. We will not be able to actually get the money until the State awards a contract for the TH 3 Railroad Bridge project, which they scheduled for November ' 91. RECOMMENDED ACTION: Motion to adopt a resolution entering into an agreement with the Minnesota Department of Transportation for cost share in Chippendale Avenue Reconstruction. COUNCIL ACTION: Adopted resolution. 5 PRE-LETTING STATE OF MINNESOTA AGREEMENT N0. SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION 67573 AGREEMENT S.P. 1921-56 (T.H. 3=001) State Funds ORIGINAL Agreement between AMOUNT ENCUMBERED The State of Minnesata Department of Transgortation, and 532 ,928.40 The. City of Rosemount Re: State cost bituminous surfacing and aggregate shouldering construction AMOUNT RECEIVABLE by the City on Chippendale Ave. from 160th St. W. to a point 1,350 ft. north (None) of 16Oth St. W. in the City of Rosemount THIS AGREEMENT is made and entered into by and between the State af Minnesota, Department of Transportatian, hereinafter referred to as the "State° and the City of Rosemount, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". ,�,.P 67573 WITNESSETH: WHEREAS the City is about to perform bituminous surfacing and aggregate shouldering construction and other associated construction upori, along and adjacent to Chippendale Avenue from 160th Street West to a point 1, 350 feet north of 160th Street within the corporate City limits in accordance with City-prepared plans, specifications and/or special provisions designated by the City as City Contract No.1990-3 and by the State as State Project No. 1921-56 (T.H. 3=001) ; and WHEREAS the State plans to replace the bridge at the intersection of Trunk Highway No. 3 and the Soo Line Railroad Tracks south of the City of Rosemount under State Project No. 1921-45 (T.H. 3=001) , which is scheduled to be let November 22, 1991; and WHEREAS during said Trunk Highway Noo 3 construction, Chippendaie Avenue will be used to carry Trunk Highway No. 3 traffic; and WHEREAS the City has requested participation by the State in the costs of the bituminous surfacing and aggregate shouldering construction; and WHEREAS the State is willing to participate in the costs of the bituminous surfacing and aggregate shouldering construction as hereinafter set forth; and 2 67573 WHEREAS Minnesota Statute seetion 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaininc� and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City did receive bids and will award a construction contract to the lowest responsible bidder in accordance with State-approved City plans, specifications and/or special provisions designated by the City as City Contract No. 1990-3 and by the State as State Project No. 192I-56 (T.H. 3=001} . Execution of thi� agreement sha11 canstitute concurrence by the State in that award. The contract construction shall be performed in accordance with State-approved City plans, speeifications and/or special provisions which are on file in the office of the City's Engineer and in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City 3 67573 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 District Engineer or his authorized representatives. The City shall give the District Engineer five days notice of its intention to start the : contract construction. The responsibility for the control of materials for the State cost participation construction cavered under this agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction" . Section C. Completion of Construction The City shall cause the cantract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended by an exchange of letters between the appropriate City official and the State's District Engineer for unavoidable delays encountered in the performance thereof. Section D. 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 participation 4 67573 construction covered under this agreement unless the necessary State funds have been encumbered prior to the performance of the additional 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 a11 addenda, change orders and/or supplemental agreements entered into by the City and its contractor for State eost participation construction covered under this agreement must be approved in writing by the State's District Engineer before payment is made by the State therefor. Section E. Compliance with Laws, Ordinances and Regulations 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 F. Riaht-of-Way, Easements and Permits The City shall, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and/or any other permits and sanctions that may be required in connection with the contract construction, and shall promptly furnish the State with . 5 67573 certified copies of the documents for those rights-of-way, easements, construction permits and/or other permits and sanctions. The City shall submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities ta be performed under the construction contract and obtain, pursuant to Minnesota Statute section 115.07 or Minnesota Rule 7001. 1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction to be performed under the construction contract. The City is advised that pursuant to Minnesota Rule 7001. 1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. SCHEDULE "I" A SCHEDULE "I" is attached hereto and made a part hereof by reference. The SCHEDULE "I" includes a11 anticipated State cost participation construction items and the construction engineering cost share covered under this agreement. Section B. State Cost Participation Construction All of the following construction to be performed upon, along and adjacent to Chippendale Avenue from Engineer Station 0+00 (16Oth 6 67573 Street West} to Engineer Station 13+50 (a point 1,350 feet north of 160th Str+eet West) in the City of Rosemount under State Fraject No. 1921-56 (T.H. 3=Q01j . Said construction to include the State's proportionate share of the item costs of traffic control. 100 PERCENT All of the bituminous surfacing, aggregate shouldering and aggregate base construction as described and tabulated on Sheet No. 2 of the attached SCHEDULE "I" . Section C. Construction Engineering 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 Change Orders and Supplemental Actreements The State shall share in the costs of construction contract addenda, change orders and/or supplemental agreements which are necessary to complete the State cost participation construction covered under this agreement and which have been approved in writing by the State's District Engineer. Section E. Settlements of Claims The State shall pay to the City the cost of any settlements of claims made with the City's contractor in connection with the State cost . � 67573 participation construction covered under this agreement. All liquidated damages assessed the City's contractor in connectian with the construction contract shaZl 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 of the State's Cost 5hare 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 $10, 000.00 contingency amount is the sum of $32,928.40 as shown in the attached SCHEDULE "I" . The attached SCHEDULE "I" was prepared using low bid unit prices. 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. The State shali advance to the City the sum of $22,928.40 as shown in the attached SCHEDULE "I" after the following conditions have been met: 8 67573 1. Encumbrance by the State of the State�s total estimated cost share, including contingency amount, as shown in the attached SCHEDULE "I". 2 . Execution of this agreement and the State�s transmittal of same to the City. 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 af encumbered State funds, the City shall notify the State's District Engineer in writing prior to performance of 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 9 67573 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's District Engineer in writing of the additianal State cost participation construction. Notification shall inciude 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 for 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 appraved by the Commissioner of Finance. If the Commissioner of Finance certifies the claim for compensation and the request for eneumbrance 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. 10 67573 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 Keeping and Invoicing by the City The State shall pravide the City with a Payment Processing Package containing a Modified SCHEDULE "I" form, 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: 1. A copy of the Modified SCHEDULE "I" which includes final quantities of State cost participation construction. 2 . Copies of the City contractor's invoice(s) covering all contract construction. 3 . Copies of the endorsed and cancelled City warrant(s) or check(s) paying for all contract construction. 11 67573 4 . Copies of all construction contract change orders and/or supplemental agreements. 5. A certification form attached to a copy of the Fina1 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 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. 6. 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. 12 67573 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 practices of the City relevant to this agreement are subject to examinatian by the contracting department or agency, and either the legislative auditor or the state auditor as appropriate. Section C. Payment by the State Upon award of the State's contract for the bridge replacement construction at the intersection of Trunk Highway No. 3 and the Soo Line Railroad Tracks south of the City of Rosemount, and the designation by the State of Chippendale Avenue as a Trunk Highway No. 3 Detour, the City shall submit a invoice to the State for the State's share of the costs of the Chippendale Avenue construction. ARTICLE IV - GENERAL PROVISIONS Section A. Maintenance by the City Upon satisfactory completion of the Chippendale Avenue construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadways and all of the facilities a part thereof, without cost or expense to the State: Maintenance shaZl include, but not be limited to, snow and debris removal, resurfacing and/or seal 13 67573 coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. Section B. Claims The City at its own sole cost and e�ense shall defend, indemnify, save and hold harmless the State and a11 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 or by reason of contract construction, construction engineering and/or maintenance covered under this agreement including an action or claim which all8ges negligence of the State, its agents, officers and .^ employees. Al1 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 af Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part af 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. 14 67573 Section C. Nondiscrimination The pravisions of Minnesota Statute section 181.59 and of any applicable ordinance relating to civiZ rights and discrimination shall be considered part of this agreement as if fully set forth herein. . Section D. Agreement Approval 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. 15 � 67573 1 TESTIMONY WHEREOF the parties have executed this agreement by their �thorized officers. �PARTMENT OF TRANSPORTATION CITY OF RQSEMOUNT �commended for approval: • Y ". � BY ? y� Director Mayor �'t Pre�-$Letting Services Section Date Y District Engineer By , City Clerk y Date Deputy Division Director Technical Services Division pproved: DEPARTMENT OF ADMINISTRATION Approved: Y Deputy Cammissioner of Transportation By (Authorized Signature) �ate <Date of Agreement) Date )FFICE OF ATTORNEY GENER.AL :pproved as to form and execution: ,y Special Assistant Attorney General 16 .n r SCHEDULE "I" A reement No. 67573 Cit of Rosemount Preliminar : Se tember 5 1990 S.P. 1921-56 T.H. 3=001 State Funds Bituminous surfacin and a re ate shoulderin construction erformed under a Cit Contract with Richard Knutson located on Chi endale Avenue from 160th Street West to a oint 1 350 feet north of 160th Street West in the Cit of Rosemount STATE COST PARTICIPATION From Sheet No. 2 21 230.00 Construction En ineerin 8% 1 698.40 Total State Costs 22 928.40 � 1 Contin enc Amount 10 000.00 Encumbered Amount 32 928.40 (1) For the State's use only as described in the body of the agreement - 1 - 67573 ITEM S.P. 1921-56 (T.H. 3=001) UNIT QUANTITY UNIT PRICE COST NUMBER WORK ITEM I (1) I I E1� ( I 2211.503 AGGREGATE BASE PLACED CL. 5 CU. YD. 675. 00 11.00 7 425. 00 2221. 503 AGGREGATE SHOULDERING PLACED CL. 2 CU. YD. 70. 00 24. 00 1 680. 00 2331. 504 TYPE 41 WEARTNG COURSE MIX TON 445.00 25. Q0 11 125. 00 0563 . 601 TRAFFIC CONTROL LUMP SUM .25 4 000. 00 1 000. 00 21 230. 00 1 100% STATE - 21 230. 00 - 2 - CITY OF ROSEMOUNT DAROTA COUNTY, MINNESOTA RESOLUTION 1990 - A RESOLIITION ENTERING INTO AN AGREEMENT AITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR COST SHARE IN CHIPPENDALE AVENUE RECONSTRUCTION BE IT RE30LVED, that the City of Rosemount enter into Agreement No. 67573 with the State of Minnesota, Department of Transportation for the following purposes, to-wit: to provide for payment by the Stat'e to the City of the State' s share of the bituminous surfacing and aggregate shouldering construction to be performed upon and along Chippendale Avenue from 160th Street West to a paint of 1, 350 feet north of 160th Street West within the corporate City limits under State Project No. 1921-56 (T.H. 3=001) . BE TT FURTHER RESOLVED, that the proper City Of f ices are hereby authorized and directed to execute such agreement. ADOPTED this 2nd day of October, 1990. Vernon J. Napper, Mayor ATTEST: Susan M. Johnson, City Clerk Motion by: Seconded by: Voted in favor: Voted against: