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HomeMy WebLinkAboutContract 1946 PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 89683 S.P. 0207-84 (T.H. 65=005) S.A.P. 113-010-12 C.P. 0405 State Funds The State of Minnesota Department of Transportationt and The City of Columbia Heights Re: State lump sum payment for minor bituminous paving and storm sewer rehabilitation construction by ORIGINAL AMOUNT ENCUMBERED $108,000.00 t-h,...... (""I": .J-"r .............. rp 'LT CL L.,...L.l~ \"""''''!'''-1' V..l.l .L...L.l.. U..J Al~Oul~T RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesotat Department of Transportationt hereinafter referred to as the "State" and the City of Columbia Heightst Minnesotat acting by and through its City Councilt hereinafter referred to as the "City". 1 J 89683 WHEREAS, the City is about to perform storm sewer improvements and minor bituminous paving construction and other associated construction upon, along and adjacent to Trunk Highway No. 65 260 feet south of 49th Avenue within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project No. 0405 and by the State as State Projects No. 0207-84 (T.H. 65=005) and No. 113-010-12; and WHEREAS, the City has requested participation by the State in the costs of the storm sewer improvements and minor bituminous paving construction; and WHEREAS, the State is willing to participate in the costs of the storm sewer improvements and minor bituminous paving construction and associated construction engineering in a lump sum amount as hereinafter set forth; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and special provisions designated by the City as City Project No. 0405 and by the State as State Projects No. 0207-84 2 89683 (T.H. 65=005) and No. 113-010-12. The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions that are on file in the office of the City'S Engineer, and are incorporated into this Agreement by reference. Section B. Documents to be Furnished to the State The City shall, within 7 days of opening bids for the construction contract, submit to the State's District Engineer at Roseville a copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. Section. C. Rejection of Bids The City may reject and the State may require the City to reject any or all bids for the construction contract. The party rejecting or requiring the rejection ot bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids pursuant to this section, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. Section D. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineerj however, the State cost participation construction covered under this Agreement shall be open to inspection by the State District Engineer'S authorized representatives. The City shall give the 3 89683 District Engineer at least 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 contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction" . Section E. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. Section F. Additional Construction, Plan Changes, Etc. All changes in the plans, specifications and special provisions for the State cost participation construction covered under this Agreement and all addenda, change orders and 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 District Engineer's authorized representative. Section G. 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 4 89683 Federal, State and Local laws, and all applicable ordinances and regulations. Section H. Right-oi-Way, Easements and Permits The City shall, without cost or expense to the State, obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the contract construction. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and other permits and sanctions required for State cost participation construction covered under this Agreement. ARTICLE II - PAYMENT BY THE STATE The State shall advance to the City, as the State's full and complete share of the costs of the storm sewer improvements and minor bituminous paving construction and associated construction engineering to be performed upon, along and adjacent to Trunk Hiqhway No. 65 260 feet south of 49th Avenue within the corporate City limits under State Projects No. 0207-84 (T.H. 65=005) and No. 113-010-12, a lump sum in the amount of $108,000.00 or the total cost of the contract construction as shown in the awarded contract bid document plus an 8 percent construction engineering cost share, whichever amount is smaller. The State shall advance to the City the lump sum amount after the following conditions have been met: A. Encumbrance by the State of the State's full and complete lump sum cost share. B. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for the 5 89683 contract construction, and the approval of that documentation by the State's Land Management Director at St. Paul. C. Execution and approval of this Agreement and the State's transmittal of it to the City. If execution and approval of this Agreement does not constitute concurrence by the State in the award of the construction contract, a letter advising the City of the State's concurrence in the award of the construction contract shall accompany the City's copy of this Agreement. D. Receipt by the State of a written request from the City for the advancement of funds. The request shall include certification by the City that all necessary parties have executed the construction contract. ARTICLE III - CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY The City shall keep records and accounts that enable it to provide the Ct-.:::lIt-o T.rhCl.,...., ""V"'~,-.r'1,......,.,-I-_...:J T"......: 4-l..... '-'.....\.,..4..............., VY.LJ..\..-J...J. .J....~yuCOL.-C;U, VV..L.I..-.L.l the following; A. Copies of the City contractor's invoice(s} covering all contract construction. B. A copy of the endorsed and canceled City warrant or check paying for final contract construction, or computer documentation of the warrant issued certified by an appropriate City official that final construction contract payment has been made. C. Copies of all construction contract change orders and supplemental agreements. 6 89683 D. A certification form, provided by the State, signed by the City's Engineer in charge of the contract construction attesting to the following: 1. Satisfactory performance and completion of all contract construction in accordance with State-approved City plans, specifications and special provisions. 2. 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". 3. Full paYment by the City to its contractor for all contract construction. E. City Engineer certified copies of material sampling reports and of material testing results for the materials furnished for the State cost participation construction covered under this Agreement. F. A copy of the "as built" plan sent to the State's District Engineer. ARTICLE IV - GENERAL PROVISIONS Section A. Replacement of Castings The City shall furnish its contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State. 7 89683 Section B. Maintenance by the City Upon satisfactory completion of the storm sewer facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of those facilities, without cost or expense to the State. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. Upon satisfactory completion of the walkways construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the walkways, without cost or expense to the State. Maintenance .! ~_ _, ~ ~ -::I _ _ ,_ _ _ .I.- ..! _ __ _ .I.- ,..! __..! .I.- _ _, ..l- _ _ __ _ _ _ ..! _ _ _ __ _, _, _ ,_ _ _..! _ _ _ _ .__ _ _ _ _ , ..LllC..LUue::;, J..JUL. ..L::; llUL. ..L..Llll..LL.e:U L.U, ::;llUW, ..LCe: cU1U Ue:J..JL..L::; Le:lllUVcl..L, patching, crack repair, panel replacement, and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. Section C. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics 8 89683 Engineer at Roseville and is incorporated into this Agreement by reference. Section D. Termination of Agreement Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding sourcei or if funding cannot be continued at a level sufficient to allow for the payment of the services covered under this Agreement. Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City 1S entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. Section E. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. 9 89683 Section F. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party lS responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section G. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section H. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE VI - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Kevin Hansen, Public Works Director, or his successor. His current address and phone number are 637 38th Avenue NE, Columbia Heights, MN 55421-3878, (763) 706 3705. 10 89683 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION By Date r ~! .2-d/b MAPS Encumbrance No. B Date '7- IO"OC a-a:-/tiP~ r,-+y 171) a l'\ a q. e r I u #~ By X Title Date DEPARTMENT OF TRANSPORTATION :=;P~~A Dlstrlct Englneer Date 0/?-7 &: /'J ?'c:.. :4) -/ / form and execution: Approved as to BY~ ~ ~ Contract Management Date g",-J')-06 COMMISSIONER OF ADMINISTRATION AS delegated to Materials Management Division By ~ ~o_ /' Date 6---;:) --;) - () (; 11 '1 -"'" \C. RESOLUTION NO. 2006-77 BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA HEIGHTS TO ENTER COOPERATIVE AGREEMENT NO. 89683 WITH MNDOT FOR DRAINAGE IMPROVEMENTS TO T.H. 65, CENTRAL AVENUE, SOUTH OF 49TH AVENUE CITY PROJECT # 0405 WHEREAS, the Columbia Heights City Engineer has prepared final plans and specifications for the improvement of drainage structures on Central A venue near 49th A venue to 48th Avenue, City Project 0405; and WHEREAS, MnDOT has designated the improvements as SP 0207-48 and SAP 113-010-12; and WHEREAS, Mn/DOT Cooperative Agreement Funds and City's Municipal State Aid account shall provide the funding for the proposed improvements; and WHEREAS, MnDOT has secured funding in the amount of $1 08,000 for the project and has prepared Municipal Agreement Number 89683 for the making of the improvements; and, WHEREAS, the improvements will benefit MnDOT's Trunk Highway drainage system. BE IT RESOLVED that the City of Columbia Heights enter into Mn/DOT Agreement No. 89683 with the State of Minnesota, Department of Transportation for the following purposes: To provide for Lump Sum payment by the State to the City of the State's share of the costs of the storm sewer improvements and minor bitu.tl11nous paving construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 65 300 feet south of 49th Avenue within the corporate City limits under State Projects No. 0207-84 (T.H. 65=005) and No. 113-010-12 BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Dated this 26th day of June, 2006 CITY OF COLUMBIA HEIGHTS Offered by: Kelzenberg Seconded by: Diehm Roll Call: Ayes: Peterson, Diehm, Kelzenberg, Nawrocki Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I, the duly appointed, qualified Deputy City Clerk of Columbia Heights, Minnesota, and the keeper of the records thereof, do hereby certify that the attached is a true and correct copy of the City of Columbia Heights Resolution Number 2006-77 being an Resolution authorizing the City of Columbia Heights to enter into cooperative agreement No. 89683 with MNDOT for drainage improvements to T.R. 6, Central Avenue, South of 49th Avenue, City Project #0405, as approved on the 26th day of June, 2006 by the Columbia Heights City Council. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official City Seal of Columbia Heights this 24th day of July 2006. Seal . YY)~~ atricia Muscovitz, CMC Deputy City Clerk City of Columbia Heights il~\'lNEsIO~ \ ~ ; -;.~ 'f' OFTRP.~ Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard Saint Paul, Minnesota 55155-1899 October 12, 2006 (651 )296-0969 M.S. 682 Kevin Hansen Public Works Director 637 3 8th Avenue NE Columbia Heights, MN 55421-3878 RE: Coop. Const. Agree. No. 89683 City of Columbia Heights S.P.0207-87 (T.H.65=005) State lump sum payment for minor bituminous Paving and storm sewer rehabilitation construction By the City on T.H. 65 Dear Mr. Hansen: Transmitted herewith for the City's use and retention, is a fully executed copy ofthe subject agreement between the City of Columbia Heights and this department. The agreement provides for a lump sum payment by the State to the City for the minor bituminous paving and storm sewer rehabilitation construction to be performed by the City under contract. Reimbursement in full shall be made to the City when the terms and conditions of Article II of the agreement have been met. Your cooperation in this matter has been greatly appreciated. Sincerely, /i /1 \: it; / t.j..!~.LA: iA!t,/f;-1_.t.1'- r"'- t/ f / Ii . ." ,.- "--~ (j:f.i.:'./;,.;\ ,/ l ,..~ ' MarY~e Kelly-Sortnek) Municipal Agreements Engineer Ene. An equal opportunity em plover