HomeMy WebLinkAbout2017-2797DEPARTMENT OF
TRANSPORTATION
June 28, 2017
Kevin Hanson, Public Works Director
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
RE: Coop. Const. Agree. No. 1027707
City of Columbia Heights
S.P. 0207 -116 (T.H. 65 =005)
S.P. 113 - 010 -022
C.P. 1608
Office of Project Management and Technical Support
Cooperative Agreements Unit, Mail Stop 682
395 John Ireland Blvd., St. Paul, MN 55155
Office Telephone: (651) 366 -4634
2017 -2797
KEENED
JUL 0, ?Cv
PUBLIC WopI(,
Fed. Project No. HSIP 0217 (146)
City maintenance of sidewalk and street /pedestrian lighting construction by the City on T.H. 65
Dear Mr. Hanson:
Transmitted herewith for the City's use and retention, is a fully executed copy of the subject agreement
between the City and this department.
The agreement provides for sidewalk and street /pedestrian lighting maintenance by the City for the roadway
improvement construction on Trunk Highway No. 65.
The maintenance requirements are outlined in Article 5 of the attached agreement.
Sincerely,
Marya Kelly- Sonnek
Municipal Agreements Engineer
Enclosures
An equal opportunity employer
MnDOT Contract No: 1027707
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF COLUMBIA HEIGHTS
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number (S.P.):
Trunk Highway Number (T.H.):
State Project Number (S.P.):
City Project Number (C.P.):
Federal Project Number:
Lighting System Feed Point No.
0207 -116
65 =005
113 - 010 -022
1608
HSIP 0217 (146)
"All
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State ") and
City of Columbia Heights acting through its City Council ( "City ").
Recitals
1. The City will perform three quarter median construction, sidewalk, and street /pedestrian lighting, ADA work
construction and other associated construction upon, along and adjacent to Trunk Highway No. 65 from 47th
Avenue Northeast to 51St Avenue Northeast according to City- prepared plans, specifications and special
provisions designated by the City as City Project No. 1608 and by the State as State Project's No. 113 -010-
022, 0207 -116 (T.H. 65= 005)( "Project "); and
2. The City requests the State to allow for a roadway improvement project to include a three quarter median,
sidewalk, street/pedestrian lighting and ADA construction and the State is willing to allow said construction;
and
3. After construction the City agrees to participate in the operation and maintenance of the sidewalk and
street/pedestrian lighting; and
4. Minnesota Statutes § 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.
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5. Maintenance
by the City; 8. Liability; Worker Compensation Claims; Insurance; 10. State Audits; 11. Government Data
Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure.
1.4. Plans, Specifications, Special Provisions. State - approved City plans, specifications and special provisions
designated by the City as CP 1608 and by the State as State Project's No. 113 -010 -022, 0207 -116
(T.H. 65 =005) are on file in the office of the City's Engineer and incorporated into this Agreement by
reference. ( "Project Plans ")
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Construction within State R/W & Maintenance (Municipal Agreements 3 -2016)
MnDOT Contract No: 1027707
2. Right -of -Way Use
2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to
occupy trunk highway right -of -way as necessary to perform the work described in the Project Plans. This
right is limited to the purpose of constructing the project, and administering such construction, and may be
revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy
includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project)
with the State, failing to provide adequate traffic control or other safety measures, failing to perform the
construction properly and in a timely manner, and failing to observe applicable environmental laws or terms
of applicable permits. The State will have no liability to the City (or its contractors or consultants) for
revoking this right of occupancy.
2.2. State Access; Suspension of Work, Remedial Measures. The State's District Engineer or assigned
representative retains the right to enter and inspect the trunk highway right -of -way (including the
construction being performed on such right -of -way) at any time and without notice to the City or its
contractor. If the State determines (in its sole discretion) that the construction is not being performed in a
- proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with,
or that traffic control or other necessary safety measures are not being properly implemented, then the State
may direct the City (and its contractor) to take such remedial measures as the State deems necessary. The
State may require the City (and its contractors and consultants) to suspend their operations until suitable
remedial action plans are approved and implemented. The State will have no liability to the City (or its
contractors or consultants) for exercising its rights under this provision.
2.3. Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the State
right -of -way, they must comply with the approved traffic control plan, and with applicable provisions of the
Work Zone Field Handbook (http: / /www. dot. state. mn. us /trafficeniz/workzone /index.html). All City,
contractor, and consultant personnel occupying the State's right -of -way must be provided with required
reflective clothing and hats.
2.4. State Ownership of Improvements. The State will retain ownership of its trunk highway right -of -way,
including any improvements made to such right -of -way under this Agreement, unless otherwise noted. The
warranties and guarantees made by the City's contractor with respect to such improvements (if any) will
flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and
to obtain recovery from the City's consultants, and contractor (including its sureties) for non - performance of
contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request
of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract
rights to the State and to permit subrogation by the State with respect to claims against the City's consultants
and contractors.
3. Contract Award and Construction
3.1. Direction, Supervision and Inspection of Construction
A. The contract construction will be under the direction of the City and under the supervision of a registered
professional engineer; however, the State participation construction covered under this Agreement will
be open to inspection by the State District Engineer's authorized representatives. The City will give the
State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract
construction.
B. Responsibility for the control of materials for the contract construction will be on the City and its
contractor and will be carried out according to Specifications No. 1601 through and including No. 1609
in the State's current "Standard Specifications for Construction ".
3.2. Completion of Construction. The City will cause the contract construction to be started and completed
according to 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
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Construction within State R/W & Maintenance (Municipal Agreements 3 -2016)
MnDOT Contract No: 1027707
the State District Engineer's authorized representative, for unavoidable delays encountered in the
performance of the contract construction.
3.3. Compliance with Laws, Ordinances, Regulations. The City will comply and cause its contractor to comply
with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to
that portion of work performed on the State's trunk highway right -of -way, the City will not require the
contractor to follow local ordinances or to obtain local permits.
4. Right -of -Way; Easements; Permits
4.1. The City will, 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 local and trunk highway
portions of the contract construction. Before payment by the State, the City will furnish the State with
certified copies of the documents for rights -of -way and easements, construction permits and other permits
and sanctions required for State participation construction covered under this Agreement.
4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing
operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or
expense to the State.
4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification,
design meetings and depiction of utilities affected by the contract construction.
4.4. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by
the City of Columbia Heights to be constructed upon and within the trunk highway right -of -way.
Applications for permits will be made on State form "Application for Utility Permit on Trunk Highway
Right Of Way" (Form TP2525).
5. Maintenance by the City
Upon completion of the project, the City will provide the following without cost or expense to the State:
5.1. Maintenance of any municipal -owned utilities construction, without cost or expense to the State.
5.2. Sidewalks. Maintenance and ownership of the sidewalk on the east and west sides along T.H. 65 from 47t1i
Avenue Northeast to 51St Avenue Northeast, including stamped and colored concrete sidewalk (if any) and
pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack
repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if
any) and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and
aesthetically acceptable condition.
5.3. Lighting. Maintenance and ownership of any lighting facilities construction. Maintenance of electrical
lighting systems includes everything within the system, from the point of attachment to the power source or
utility, to the last light on the feed point, including but not limited to re- lamping of lighting units or
replacing of LED luminaires, repair or replacement of all damaged luminaire glassware, loose connections,
luminaires when damaged or when ballasts fail, photoelectric control on luminaires, defective starter boards
or drivers, damaged fuse holders, blown fuses, knocked down poles including wiring within the poles,
damaged poles, pullboxes, underground wire, damaged foundations, equipment pad, installation of approved
splices or replacement of wires, repair or extending of conduit, lighting cabinet maintenance including
photoelectric cell, electrical distribution system, Gopher State One Call (GSOC) locates and painting of
poles and other equipment. The City will be responsible for the hook up cost and application to secure an
adequate power supply to the service pad or pole and will pay all monthly electrical service expenses
necessary to operate the lighting facility.
6. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
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Construction within State R/W & Maintenance (Municipal Agreements 3 -2016)
MnDOT Contract No: 1027707
6.1. The State's Authorized Representative will be:
Name /Title: Maryanne Kelly - Sonnek, Municipal Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155
Telephone: (651) 366 -4634
E -Mail: maryanne.kellysonnek @state.mn.us
6.2. The City's Authorized Representative will be:
Name /Title: Kevin Hanson, Public Works Director (or successor)
Address: 590 40th Avenue NE, Columbia Heights, MN 55421
Telephone: (763) 706 -3705
E -Mail: publicworks @columbiaheightsmn.gov
7. Assignment; Amendments; Waiver; Contract Complete
7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the party's right to subsequently enforce it.
7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
8. Liability; Worker Compensation Claims; Insurance
8.1. 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
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold
harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any
claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in
connection with the project covered by this Agreement, regardless of whether such claims are asserted by
the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its
contractor(s) or consultant(s).
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
8.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the
City's contractor.
9. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
10. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
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Construction within State R!W & Maintenance (Municipal Agreements 3 -2016)
MnDOT Contract No: 1027707
11. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received,
stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota
Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State.
12. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
13. Termination; Suspension
13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
13.2. Termination for Insufficient Funding. 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 or the provision of the services covered here. Termination must
be by written or fax notice to the City. The State is not obligated to pay for any services that are provided
after notice and effective date of termination. However, the City will be entitled to payment, determined on
a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not
be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota
Legislature, or other funding source, not to appropriate funds.
13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement
and all work, activities, performance and payments authorized through this Agreement. Any work
performed during a period of suspension will be considered unauthorized work and will be undertaken at the
risk of non - payment.
14. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
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Construction within State RV & Maintenance (Municipal Agreements 3 -2016)
CITY OF COLUMBIA HEIGHTS
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances.
By:
Title: I'���lor
Date: ju 1� 1 Z lei
By:
Title: Ci 4 fu
Date:
MnDOT Contract No: 1027707
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By.
T (District Engineer)
Date: ZS f
Approved:
By: /I V
//( tate
Date: 6 / �3
ign Engineer)
COMMISSIONER OF ADMINISTRATION
By: 2---, Y
(With delegated authority)
Date 6'- )c — ao/ 7
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
Construction within State R/W & Maintenance (Municipal Agreements 3 -2016)
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
copy of Resolution No. 2017 -60, being a Resolution approving the Cooperative
Construction Agreement No. 1027707 with MnDOT for TH 65 (Central Avenue) from 47th
Avenue to 51St Avenue.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official City Seal of
Columbia Heights this 19th day of June, 2017.
Katie Bruno
City Clerk
City of Columbia Heights
Seal
RESOLUTION NO. 2017 -60
A resolution of the City Council for the City of Columbia Heights, Minnesota,
WHEREAS, the City of Columbia Heights enter into a Cooperative Construction Agreement with the Minnesota
Department of Transportation (MnDOT).
Now therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of Columbia Heights makes the following:
FINDINGS OF FACT
WHEREAS, the City of Columbia Heights enter into MnDOT Agreement No. 1027707 for the following
purposes:
To provide for maintenance by the City of Columbia Heights of the sidewalk and lighting roadway
improvements construction and other associated construction to be performed upon, along, and adjacent to
TH 65 (Central Avenue) from 47th Avenue NE to 51St Avenue NE, within the corporate city limits under City
Project No. 1608 and State Project Nos. 113 - 010 -022 and 0207 -116.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA
1. That the City of Columbia Heights enter into a Cooperative Construction Agreement with MnDOT, a
copy of which was before the City Council.
2. That the Mayor and City Manager are hereby authorized to execute such Agreement and any
amendments to the Agreement.
Passed this 12th day of June, 2017
Offered by: Williams
Seconded by: Buesgens
Roll Call: All Ayes
ORDER OF COUNCIL
I dAM / WA �/ � � � - � U 14
Donna Schmitt, Mayor
Attest:
�
Katie Bruno, City Clerk /Council Secretary