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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 ") -I- 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 -2- 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. -3- 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. -4- 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. [The remainder of this page has been intentionally left blank] -5- 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