HomeMy WebLinkAbout4D, Adopt Resolution 2011-028 Approving MnDOT Agreement No. 984�
�S�EN HILLS
Reque�ti for CounciY Action
Prepared By: Terry Maurer Council Meeting Date: June 13, 2011
Public Works Director
Adopt Resolution 2011-02$ Approving Mn/DOT Agreemen� Na. 98490 Regarding
I-6941TH 51 Interchange Project
Budgeted Arnaunt: Actual Amount: Funding Source:
- 0 - $77,793.75 PIR
Recommendatian:
Motion to adopt Resolution 2011-028 entering into Mn/DOT Agreem�nt Na. 9$9-90R and
authorizing the Mayor and City Adminisirator to execute the doc�unen#s.
Su ortin Documents:
1. Memorandum dated June 13, 2011, from Terry Maurer.
2. Resolution 2011-028.
3. MnIDOT Caoperative Const�uction Agreement.
�
EN HILLS
MEMORANDUM
DATE: J�une 13, 2011
TO: Houorable Mayor and City Councilmembexs
Patrick HIaers, City Adminxstxator �
FROM: Terry Maurer, P�blic Works Director /} l�
4
�UBJECT: Mn/DOT Agreernent No. 9$49Q-R
Back round
As part of the Mn/DOT I-694/TH 51 praject the City has asked for the inclusion of a new
concrete sidewalk on Hamline Aven�e fram Floral Dr��e to County Raad k' and the
replacement of a 12" sanitary sewer line crossing under I-694. The sar�itary sewer line
has a large sag in it and a nurnber of misaligned joints that need coz-rection.
Mn/DOT has pres�nted Agreement No 98490R (a copy is attached) for the payment of
these requested improvements. The Agreemez�t calls %r a lump sum payment based on
bid prices plus S°/a �or constzuction engineering. The estimated cost presented in
Schedule "Y" is $72,031.25 plus $5,762.50 for construction engineering �or a total of
$77,'�93.75. This is a pr�Iiminary Schedule "I", a final version wili be pxesented to ihe
City after bids are received and a cantract awarded by M�nIDOT.
Council Action Repuested
Adopt Reso�ution 2011-p28 Entering into Mn/DOT Agree�ent No. 98490R and
authorizing the Mayor and City Administratox to e�cecute tk�e doc�ents.
P;1AdminlCpuncillAgendas & Packet Infarmation1241116-13-11 RegularlPacket In.fo�atioza
Page 1 of I
�
EN HYLLS
C�TY 4F AR.DEN HILLS
COUNTY OF RAMSEY
STATE OF MYNNESOTA
RESOLUTION NO. 2011-028
A RESOLUT�ON APPROVING MNIDOT AGREEMENT NO. 98490
REGARDING I-694/TH 51 iNTERCHANGE PROJECT
WHEREAS, Mn/DOT is proposing to underta�ce an improve�ent to I-694; and
WHEREAS, �he City requested the relaying of sanitary sewer under I-b94 and
concrete side�alk be added to the praject
NOW, THEREFORE, BE �T RESOLVED, by the Mayor and City Council that:
1. The City of Arden Hills enter into Mn/DOT Agreement No. 98Q�90 with t�e
State of Mizu�esota, Departm.ent of Transpo�tation, for the following purposes:
To provide for payrr�ent by the Ciry to the State of the City's share of the costs
af the water main and sanitary sewer construction to be p�rform�d under and
adjacent ta Trui�.k Highway No. 694 between Hamline Avenue and Lexington
Avenue arad concrete walk construction ta be performed alang and adjacent to
Hamli�e Avenue �rorz� Floral Drive to County State Aid Highway No. I2
(Cour�ty Road F) within the corporate Ciiy lirn.its under State Project No.
6285-135 (T.H. 694=393).
2_ That the Mayor and the Ciry Adrninistrator are authoriz�d to �xecute the
Agreement arid any amendments to the Agreement.
ADOPTED BY THE CITY COUNCIL OF THE CTTY OF ARDEN HILLS THIS
13�ti DAY OF JUNE, 2011.
C�7_���L! � : l ���111�
:
David Grant
Its: Mayor
ATTEST:
Patrick Kiaers
City Adrninistrator
Mn/DOT Contract No: 98490-R
STATE OF MINNESOTA
DEPARTMENT �F TRANSPORATI4N
And
CITY OF ARDEN HILLS
COflPERATIVE CONSTRUCTI�N
AGREEMENT
State Project Number (SP): 6285-135 Estisnated Amaunt Receiva�le
TruQk Highway Number (TH}: b94=393 $77,793.'1�
Ferleral Pro3ect Num�er: IM6945 (13Q}
This Agxeernent is between the Siate of Minnesota, actina thrpugh its Commissioner of Transportation ("�tate") and
City of Arden Hills acting through its City Counci� t"City")_
RecitaIs
l. The State will per�orm b ading, concrete a�d bituminaus surfacing, retaining wails, �ighting, signing, TMS,
bridge rernoval and bridge construction and other associa�ed const�ction upan, ato�ng and adjacent t4 Trunk
Highway No. 694 from 60 feet east of Vicioria Street to 1,Q00 feet easi of Trunk Highway No. 35W in
Shoreview and Arden Hills according to State-prepared p[ans, s�ecifications and special provisions
designated by the State as 5tate Project No. 628�-li5 {T.H. 694=393}{"Project"); and
2. The Ci�ty has requested the State include in its Project water main and sanitary sewer canstruction to be
perfor�ed under and adjaceni to T�nk Highway No. 694 between Hamiine Avent�e and Lexingto� Avenue
and coacrei� walk construction to be perfanned along and adjaeent to Harnline Avenue from �Ioral Drive to
County State Aid Highway No. I2 (County Road F) ; and
3. The City wishes to participate in ihe costs of the water main, sanitary sewer, and concrete walk construction
and associated construction engineering; and
4. Minnesota Statutes § 161.45, su�division 2, aliows for City-owned utility relocation to be included in a State
construction contract, and payment by the City for such relocation according to appticabie statutes and rules
for utilities on trunic highways; and
S. Minnesota Sta�tes § 1b120, subdivisian 2 authorizes the Commissioner af Transportation to make
arrangerr�ents with and cooperate with any governmen�tal authority for ihe purposes of constr�eting,
maintaining and improving the trunk higi�way system_
Agreement
X. Tersn of Agreement; Survival of Terms; Plans; Yncorporation of Exhibits
1.1. E�feclive date. This Agreement will be effective on the date the State o�tains ail signatures requirecf by
Minnesota Staiutes § I6C.05, subdivision 2.
1.2. Expiration date. This Agreement wilI expire when ali oblibations have been satisfactorily fi.ilflled.
1.3. Survivai of terms All clauses which impose obligations conti�uing in iheir naEure and w�tich must survive
in order to give effect to their meaning will survive the expiration ar termination of t�is Agreement,
includzt�g, without limitation, the fallowing clauses: 3. Maintenance by the Ciiy; $. Liability; Woricer
Compensation Claims; 10. State Audits; i l. Govet�ttrzte�tt Daia Practices; i2. Gaverning �,aw; Jurisdiction;
Venue; and 14. Force Ma�eure.
1.�. Plans, Specaftcations, Special Provisronx. Plans, specifications and special provisions dasignated by the
State as State Project No. 62$5-i35. (T.H. 694-393} are an file in the offtce of the Co�nmissioner of
Transportation at St. Paul, Minnesoia, arzd incorporated into this Agreenr�ent by reference. ("Project ,Pla�s")
1..5. �xhi6its. Preiiminary Schedule "I" is on file in the office af the City Director of Pu6lic Works and
incor�orated into this Agree�neni by reference.
-1-
Mn/DQT Contract No: 98490-R
2. Construction by the State
2.1. ConiractAward The Staie will advert�se for bids and award a construction contract to the lowest
responsible bidder according to the Project Plans.
2Z. Direction, Supervision anc� 1'nspeclion of Construction.
A. Supervision and�nspection by the State. The State wili direct and supervise all cons�ruction ac#ivities
performed u�der thE construction co�tract, and perfonn ali consiruction engineering and inspection
funetions in connection with the coniract constructio�. All contract constructzon wili be performed.
according to the Project Plans.
S. Inspectao►x by the City. The City participation constr�etion covered ur�der this Agreement w��l be open to
ins�ection by the City. If the City belie�ves thE City garticipat�on constr�ction co�rered uz�der t(�is
Agreenri�nt has not been p�operly performed or that the construction is defective, the City will infarm t}�e
State District Engzne�r's auti�orized representaii�e in writing af those defects. Any recom�z�endations
made by ihe City are not binding on the State. The S�te will have the exclusive right to deterrnine
whether the State's contractor has satisfactorily per�ot�ed the City participation constructioqcovered
under this Agreerneni.
2.3. Plan Changes, Additional Construciion, E%.
A. The State will make changes in the Project Pians and contract construction, which may include the City
participation construction covered u�der this Agreement, and will enter into any necessary addenda,
change arders and supplemental agreements with the State's contractor that are necessary to cause the
contract constr�tetion to be perfornzed and completed in a satisfactory rr3anner. The State District
Engineer's autharized represencative wit� in�arm ihe appropriate Ciry afficiat of any proposed addenda,
change orders and supplemental agreernents to the construction cantract that wi�l affect the City
participatior� construction covered under this Agreement.
S. The City may request additionaf work or changes to the woric in the p�ans as part of t�e construction
cont-ract. Such requesi will be rr�ade by an exchange of tetter(s) with the State. If the State determines
t�at the requested additional worfc or g�an changes are necessary or desirable and can be accorr�moclated
wi�oui undue disruption to tile project, the State wiii cause the additional work or plan changes ia be
made.
2.4. SatXsfactory Completion of Contract. The State wiil perform alf ather acts and funetions necessary to cause
the construction contxaci to be completed in a saiisfactory ma�ner. Aecepta�cE by the State of the
campleted contract co�structia� wiii be final, binding and cor�ciusive upon the City as to ihe satisfactory
completion of the cpntract construction.
2.5. Permits
A. The City wiIl submit to the State's Utility Bngineer an original perrnit appIication for all utilities owned
by the City to be constructed hereunder that are upon and within the trunk highr�vay right-of-way.
Applications for �ermits will be nnade on State form "Applicaiion For Utility Permit Qn Tzunk Highway
Right-O� Way" (Form TP252�).
B. Th� City will submit to the Minnesota Follu#ion Control Agency ihe plans and specifications for the
constructian or reconst�ction oi its sanitary sewer facilities to be performed under t�e constraction
contract and obtain, under Mi�nesota Statutes § 115.07 or Minnesota Rules 7001.1030, subpart 2C,
�ither a permit or written waiver fram that agency far tl�at construction or reconstruction. The City is
advised that under Minnesota Rules 7001.1040, a written applicaiion for the pennit or waiver must be
sui�mitted to the Minnesota Pollution Cantrol Agency at ieast 180 days beFore ihe planned date of the
saztitary sewer facility constructi�n or reconsiruction_
2.6. Replacement of Castings. Adjustments to certain City-owned facilities, including but nat li�ited to, valve
boxes and frame and ring castings, may be performed by the Siate's contractor under the canstzuction
contract. The City wiil furnish the contractor wiih new units and/ar parts for those in place Cify-owned
-2-
Mn/DOT Contract N�: 98490-R
facilities vvhen replacements are reqUired and r�ot covered by a contract pay item, vvithout cost or expense to
the State or the contractor, except for replacement of units ancf/or parts broken or da�naged by ihe contracior.
3. Maintenanee by the City.
Upon corripletion of i�e project, the City wiil provide the foiEowing without cost or expense to the State:
31. Municipal Utilities. Maintenance of the municipal-owned water main and sanitary sewet- utilities
construction, without cost or expense to the State.
3.2. Sidewalks. Maintenance af the Hamiine Ave�ue and Car�nty Road F sidewaik canstruction, including
stamped and colored conerete sidewalk (if any) and pedestriaa ramps. Maintenance inclUdes, but is not
]imited to, snovv, ice and debris removal, patching, crack repair, pane! re�lacement, cross street pedestrian
cross�valk markings, �nowing grass boulevards (if any) and any o�her maintenance acti�ities necessary to
perpetuate the sidewalks in a safe, useable, and aesthetically acce�table condition.
4. Basis of City Cast
4.�. SCHEDULE "I". The Preliminary SCHEDLTLE "I" includes ail a�ticipated City participation construction
items and the constructiort engineering cost share covered ur�der this Agreett�ent, ar�d is based on engineer's
estirnated unii prices.
4.2. City Participation construction. The City's participatio� is depicted in the attached Schedule "I".
4.3. Consfruction Engineering Casts The City will pay a canstruction engineerir�g chaxge equal to 8 percen.t oi
the total City pariicipation consi�-uctian covered under this Agreemer�t.
4.4. Plan Changes, Additional Construction, E1c. The City wfli share �� the costs of canstruction contract
acfdenda, change orders and supplemental agreemez�ts thak are necessary to complete the City participation
canstruction covered under this Agreecnent, including any City �equested additionaI vvark and pfan changes.
The State reser�ves the right io invoice the City for the cost of any addi#ional City re�uested work and plan
changes, construction contract addenda, change orders and s�ppEemental agreements, and associated
construction engineeri�ng before the co�npletion of ihe contract co€tstruction.
5. City Cost and Payzr�e�t hy the C'rt�
S.J.. Ciiy Cast. $77,793.75 is the City's estimated share of the costs of the contract construction and the $ percent
const�etion engineering cost share as shown in the Pre�iminary SCHEDULE "I". The Pre�iminary
SCHEDULE "P' was prepared usir�g estimated quantities and unit prices, and rr�ay include any credits or
l�mp sum costs. Upon award of the constr�ction contract, the State will prepare a Re�vised SCf-�EDULE "I"
based on construction coaiz'aci unit prices.
5.2. Conditions of Payment. The City wi�l pay th� State the fial[ and compleie Iump sum a�nount, as shown in
the Revised SCHEDLJLE "I", after the foIlowing conditions have been met:
A. Executian of this Agreettzent and transrr�ittal to the City, incIuding a copy of the Revised SCHEDULE
„T��
S. The City's receipt of a written request from the State for the advancerneni af funds.
5.3. Fina! Pay�nent, Adr�itiona! City Requested Work
Upan comp�etion of a1l contract constructzon and �pon computatian of ihe final amount due the State's
contractor and onIy if additional work has been requested under Article 23.B of this Agreement, the State
will prepare a Finai SCHEDiILE "I" a.nd submit a co�y to tf�e City. The �'inal SCHEDULE "I" wilI be
based on fina! quantitfes of any additional Ciry requested participation construction iterr�s and the
construction engineering cost share due to additional requested woric. The computation by the State of the
amount due from the City will be final, binding a�.d canclnsive.
xi
MnIDOT Contract No: 9849p-R
6. Authorized Representatives
Eac�t party's Authorized Representat�ve is responsible for adminis#ering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreer�tent. �
6.�. The State's Authorizecf Representative will i�e:
Nainrze/Tiile: Maryanne Kelly-Sonne�C, Municipal Agreements Engineer (or successor}
Address: 395 JoiZn Irefand Boulevard, Mailstap 682, St. Paul, MN 55155-1800
Telephone: (651} 36b-4634
Fax: (651 } ; 6b�4769
E-Mail: rr�aryanne.keilyso�ek@state.mn.us
6.2. The City's Authorized Represeniative will be:
Name/Title: Terry Maurer, Director o� Pu61ic Works (or successor)
Address: 12�5 West Highway 96, Arden Hiils, MN 55112
Telephor�e: (651} 792-7847
7. Assignment; Amendments; Waiver, Contract CorrapCete
7.1. Assignment. Neither party may assign or tt-ansfer any rights or obligations under this Ap eerz�ent without #he
prior consent of the other party and a written assYgnment agreerr�ent, executed and approved by the same
parties who executed ar�d approved t�Zis Agreement, or their successors in office.
7.2. Amendments Any ameadment to this Agreement must be in writing and will not be effective untiI it has
been executed and appraved by the sa.me parties who executed an� approved the original AD eement, ar
their successors in office.
7.3. Waiver. If a party faiis to enforce any provision of this Agreement, that failure does not waive the provision
or fhe party's right to subsequentEy enforce it.
7.4. Contracl Co►npCete. This Agreement contains ali �rior negotiations and agreer�ents between the Stat� and
the City. No other understa�ding regartling this Agreement, whether wriiten or oral, may be used ta bind
eitlaer party.
8. Liability; Worker Ca�npensat�ou Claims
5.1. Each party is respansibie for its ow� acts, �missions and the results thereof io the extent authorized by law
and wilf not i�e.responsibEe for the acts and ornissions of others and the resuits therea£ Minnesota Statutes
§ 3.736 and other applicable law gove� iiabiiiiy of the State. Minnesota Statutes Cl�apter 466 a�d other
applicable law govertt LiabiIity oithe City.
$.2. Each party is responsible for its own empIoyees for any claims arising under the Workers Compensation
Act.
9. Nondis�rimination
1'rovisions of Minnesota Statutes § 181.59 and of any applicable �aw reIating to civil rig�ts and discriznination are
considered part of this Aa eement.
10. State Aadits
Under Minnesota Statutes § 16C.45, s�bdivisio� 5, the City's books, records, documents, and accounting
procedures and practices releva�t to this Agreement are subject to examination by the State at�d �he State Auditor
ar Legislative Auditor, as appropriate, for a t�r�.inimum of six years from the end of this Agreement.
I1. Governmen# Data PractEces
The City and State must comp�y with the Minnesota Government Data Practices Act, Minnesota Stari�ies Chapter
13, as it applies to ali data. provided under this Agreernent, and as it a�plies to all data created, collected, received,
-4-
Min/DOT Contract No: 98490-R
stored, used, maintain.ed, or disseminated by the City under this Agreerr►ent. The civil remedies of Minnesota
Statutes § 13.08 app�y to the retease of t�e data refen-ed to in t�is c�ause by either the City or t}�e State.
12. Governing Law; Jurisdictio�; Venue
Mfr�nesota law governs the validity, interpretation ar�d enforcement of this Agreemen�. Ver��e for alI legal
proceedings arising out of this Agre�ment, or its breach, must l� in the appropriate state ar federal court with
competent jur�sdiction ifn Ramsey County, Minnesota.
13. Termination.
13.1. By Mutual Agreement. This Agreement may be te�rnninated by mut-�.ial agreemen� of the parties.
13.2. Terminatron fn� Insufficient Funding. The State may irrimediately terrr�inate this Agreemet�i if it does �ot
obtai� funding frain the Minnesota Legislature, or other fitnding so�rce; or if fi�nding car�not be cantjnued at
a 1eve� suffici�nt to aliow for the performance of contract construction under the Project. Terrziination must
be by written or fax notice to the City.
14. Farce Maje�re
Neither party wiIl be responsible to the otE�er for a fai�ure to perforn� under this Agreement (ar a delay in
performance), if such failure or delay is due to a force majeur� event. A force rnajeure event is an eveni beyond a
party's reasonable cantrol, ine(uding but not lirnited to, urtusuatly severe vveather, fire, floods, other ac�s of God,
labor drtsputes, acts of war ar terrorism, or public hea]Yh emergencies.
[The remainder of this page has been intentionally left blank]
-5-
Mn/DOT Contract No: 98490-R
��TY OF ARDEN H�LLS
The uz�dersigned certi�y that they have lawfully
executed ihis contract on behalf of the Govemmental
Unit as required by applicabEe charter provisions,
resolutions or ordinances.
DEPARTMENT OF TRANSPORTAT�ON
Recamme�ded for Agproval:
By:
{District Engineer)
By:
Title;
Date:
By:
Title:
Date:
Date:
Approved:
By:
(State Deszgn Engineer)
Date:
C4MM�SSIONER OF ADMINISTRATI4N
�.
(With delegated authority)
Date_
INCLUDE C�PY OF RESOULUTION APPROVING THE AGREEMENT AND AUTHORIZING �TS
EXECUTION.
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Y
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