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September 2, 2008
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Kevin Hansen
Columbia Heights Public Works Director
637 38`'' Avenue NE
Columbia Heights, MN 55421-3878
RE: Coop. Const. Agree. No. 92807
City of Columbia Heights
S.P. 0205-94 (T.H. 47=156)
S.A.P. 113-010-014
State lump sum payment for grading, aggregate
base, bituminous surfacing, curb and gutter and storm
sewer construction by the City on and adjacent to T.H. 47
Dear Mr. Hansen:
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(651)366-4634
Mail Stop 682
Transmitted herewith for the City's use and retention, is a fully executed copy of the 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 grading,
aggregate base, bituminous surfacing, curb and gutter and storm sewer 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,
:y i= ~ F ..
Maryanne SKelly-Sonnek
Municipal-°Agreements Engineer
Enc.
PRE-LETTING STATE OF MINNESOTA
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT
Mn/DOT
AGREEMENT N0.
92807
S.P. 0205-94 (T.H. 47=156)
S.A.P. 113-010-014
C.P. 0602
State Funds
The State of Minnesota
Department of Transportation, and
The Citv of Columbia HeicThts
Re: State lump sum payment for
grading, aggregate base,
bituminous surfacing, curb and
gutter and storm sewer
construction by the City on and
adjacent to T.H. 47
AMOUNT ENCUMBERED
$594,000.00
AMOUNT RECEIVABLE
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 City of Columbia Heights, Minnesota, acting by
and through its City Council, hereinafter referred to as the "City"
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92807
WHEREAS, the City is about to perform grading, aggregate base,
bituminous surfacing, curb and gutter and storm sewer construction
and other associated construction upon, along and adjacent to Trunk
Highway No. 47 from 40`h Avenue to 45C~ Avenue within the corporate
City limits in accordance with City-prepared plans, specifications
and special provisions designated by the City as City Project
No. 0602 and by the State as State Aid Project No. 113-610-014 and
State Project No. 0205-94 (T.H. 47=156); and
WHEREAS, the City has requested participation by the State in the
costs of the grading, aggregate base, bituminous surfacing, curb and
gutter and storm sewer construction; and
WHEREAS, the State is willing to participate in the costs of the
grading, aggregate base, bituminous surfacing, curb and gutter and
storm sewer construction in the amount of $550,000.00 and associated
construction engineering in the amount of $44,000.00 for a total lump
sum amount equal to $594,000.00 as hereinafter set forth; and
WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes
the Commissicner 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. 0602 and by the State as State Aid Project No. 113-010-
014 and State Project No. 0205-94 (T.H. 47=156). The contract
construction shall be performed in accordance with State-approved
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9280'7
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. Refection 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 of 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 engineer;
however, the contract construction shall be open to inspection by the
State District Engineer's authorized representatives. The City shall
give the District Engineer at least five days notice of its intention
to start the contract construction.
Responsibility for the control of materials for the contract
construction 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".
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92801
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. Plan Changes, Etc.
All changes in the plans, specifications and special provisions far
the contract construction and all addenda, change orders and
supplemental agreements entered into by the City and its contractor
for contract construction must be approved in writing by the State
District Engineer's authorized representative.
Section G. Compliance with Laws, Ordinances and
The City shall, in connection with the award and
the construction contract and the performance of
construction, comply and cause its contractor to
Federal, State and Local laws, and all applicably
regulations.
Regulations
administration of
the contract
comply with all
__ ordinances and
Section H. Right-of-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 the
contract construction.
The City is responsible for complying with and following Minnesota
Statues 216D.04, Subdivision 1a, for identification, notification,
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92807
design meetings and depiction of utilities affected by the contract
construction.
The City shall submit to the State's Utility Engineer an original
permit application for all City-owned utilities to be constructed
hereunder that are upon and within the trunk highway right-of-way.
Applications for permits shall be made on State form "Application For
Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525).
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 grading, aggregate base, bituminous
surfacing, curb and gutter and storm sewer construction and
associated construction engineering to be performed upon, along and
adjacent to Trunk Highway No. 47 from 40th Avenue to 45th Avenue within
the corporate City limits under State Project No. 0205-94
(T.H. 47=156), a lump sum in the amount of $594,000.00.
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
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.
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92807
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 State, when requested, with the following:
A. Copies of the City contractor's invoice(s) covering all contract.
construction.
B. 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.
C. Copies of all construction contract change orders and
supplemental agreements.
D. A certification form, provided by the State, signed by the City's
Engineer in charge of the contract construction attesting to the
following:
Z. 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
contract construction 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.
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92807
E. Copies, certified by the City's Engineer, of material sampling
reports and of material testing results for the materials
furnished for the contract construction.
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.
Section B. Maintenance by the City
Upon completion of the east frontage road from 40`h Avenue to 45`h
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 includes,
but is not limited to, snow, ice and debris removal, resurfacing and
seal coating and any other maintenance activities necessary to
perpetuate the roadways in a safe and usable condition.
Upon 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 completion of the City-owned utilities construction to be
performed within the corporate City limits under the construction
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92807
contract, the City shall provide for the proper maintenance of those
utilities, without cost or expense to the State.
Upon completion of the walkway 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 includes, but is not
limited to, snow, ice and debris removal, patching, crack repair,
panel replacement, and any other maintenance activities necessary to
perpetuate the walkways in a safe and usable condition.
Upon completion of the landscaping and plant material installation
construction to be performed within the corporate City limits under
the construction contract, the City shall own and provide for the
proper maintenance thereof, without cost or expense to the State.
Maintenance includes, but is not limited to, removal and replacement
of all materials that fail to survive.
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 written 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 Engineer at Roseville and is incorporated into
this Agreement by reference.
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92807
Section D. Future Responsibilities
Upon completion of the east frontage road construction to be
performed within the corporate City limits under the construction
contract, the City shall thereafter accept full and total
responsibility and all obligations and liabilities arising out of or
by reason of the use, operation, maintenance, repair and
reconstruction of the east frontage road and all of the facilities a
part thereof constructed hereunder, without cost or expense to the
State.
Section E. Release and Conveyance of Roadways
The State shall, upon completion of the frontage road and walkway
construction and all of the facilities a part thereof constructed
within the corporate City limits under the construction contract,
serve upon the City a "Notice of Release" placing that roadway
portion under the jurisdiction of the City; and subsequent thereto,
after all necessary and required documents have been prepared and
processed, the State shall convey to the City all right, title and
interest of the State in that roadway portion. Upon receipt of that
"Notice of Release", the City shall become the road authority
responsible for the roadway portion so released.
Section F. 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
source; 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
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92807
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, to the extent
the funds are available.
Section G. 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.
Section H. Claims
Each party is responsible for its own employees for any claims
arising under the Workers Compensation Act. Each party is
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 I. 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 J. 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.
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92807
ARTICLE V - 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) 366-4634.
The City's Authorized Agent for the purpose of the administration. of
this Agreement is Kevin Hansen, Public Works Director/City Engineer,
or their successor. Their current address and phone number are 637
38"' Avenue NE, Columbia Heights, MN 55421-3878, (763) 706-3705.
(the remainder of this page is blank)
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92807
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
STATE ENCTJMBRANCE VERIFICATION
individualcertifies that
as required b~~ Minr~ Stat
DEPARTME OF T,~2.ANSPORTATION
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CERTIFICATION
State of Minnesota
County of Anoka
City of Columbia Heights
I, the duly appointed, qualified City Clerk of Columbia Heights, Minnesota, and
the keeper of the records thereof, do hereby certify that the attached is a true and
correct original of the City of Columbia Heights Resolution Number 2008-167,
being a Resolution Authorizing the City of Columbia Heights to enter
Cooperative Agreement No. 92807 with Mn/DOT for the University Service
Drive Reconstruction from 40`" to 45t" Avenues -City Project #0602 as approved
on the 11 `" day of March, 2008 by the Columbia Heights City Council, as held in
my possession.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
City Seal of Columbia Heights this 12t" day of August, 2008.
~~ _ ``
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Patricia Muscovitz, CMC
City Clerk
Subscribed and s~orn toefore me
this ~,„day of T ,~, ; ; s ~- , 2008
Notary Publid ~ ~ ~~~,., .~ ~ ,,:
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My Commission Expires
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,:,+ ant expires: (71-3I-2i7i~ ~
RESOLUTION N0.2008-167
BEING A RESOLUTION AUTHORIZING THE CITY OF COLUMBIA. HF,IGHTS TO
ENTER COOPERATIVE AGREEMENT NO. 92807 WITH MNDOT FOR THE
UNIVERSITY SERVICE DRIVE RECONSTRUCTION FROM 40T'' TO 45T'-' AVENUES
CITY PROJECT # 0602
WHEREAS, the Columbia Heights City Engineer has prepared final plans and specifications for
the University Service Drive Reconstruction from 40`x' to 45`x' Avenue; City Project 0602; and
WHEREAS, MnDOT has designated the improvements as SP 0205-94 and SAP 113-010-014;
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 $594,000 for the project and has
prepared Municipal Agreement Number 92807 for the making of the improvements; and,
WHEREAS, the improvements will benefit MnDOT's Trunk Highway system.
BE IT RESOLVED that the City of Columbia Heights enter into Mn1DOT Agreement No.
92807 with the State of Minnesota, Department of Transportation for the following purposes:
To provide for Lump Suln payment by the State to the City of the State's share of the costs of the
reconstruction of the University Service Drive from 40`'' to 45`'' Avenues and other associated
construction to be performed upon, along and adjacent to Trunk Highway No. 47 within the
corporate City limits under State Projects No. 0205-94 and No. 113-010-014
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 1 lth day of August, 2008
CITY OF COLUMBIA HEIGHTS
Offered by: Nawrocki
Seconded by: Williams
Roll Cail: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenb~,g
--..___ ~ ______,~,r
Mayor Gary L. Peterson
Attest:
~~ _
f atricia Muscovitz, CMC
City Clerk