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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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89683
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
STATE ENCUMBRANCE VERIFICATION
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form and execution:
Approved as to
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COMMISSIONER OF ADMINISTRATION
AS delegated to Materials Management Division
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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
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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.:'./;,.;\
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MarY~e Kelly-Sortnek)
Municipal Agreements Engineer
Ene.
An equal opportunity em plover