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.
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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".
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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
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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
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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
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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
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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
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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
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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:
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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: