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HomeMy WebLinkAbout2007-036 Council Resolution• • • Council Member earl spnintroduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-36 RESOLUTION APPROVING AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION MN /DOT AGREEMENT NO. 90502 -P LAKE DRIVE (CSAH 23)/I -35W INTERCHANGE WHEREAS, The City is about to perform roadway construction on the I -35W and CSAH 23 Interchange in Lino Lakes with the limits shown on the City - prepared plans, specifications, and special provisions and designated by the State as State Project No. 0280 -55 and Sate Aid Project Numbers SAP 02- 623 -13 and 210 - 020 -04 ( "Construction "); and WHEREAS, the City has requested that the State perform the construction engineering services consisting of contract administration, construction and materials inspection in connection with the Construction, and the State is willing to provide such service provided the State is reasonably compensated for such services. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that the City enter into an Agreement for Agreement Number 90502 -P with the State of Minnesota, Department of Transportation BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute such Agreement.. Julia a Bartell, C. Clerk n J = ergeson, Mayor Adopted by the Lino Lakes City Council this 26th day of February, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Membero' Donnelland upon vote being taken thereon, the following voted in favor thereof: Carlson, O'Donnell, Reinert, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. 2 STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6F Michael Grochala February 26, 2007 Consideration of Resolution No. 07 -36 Approving Partnership Agreement with Mn /DOT, I -35W /Lake Dr. Construction Engineering. Simple Majority The City is preparing to move forward with the reconstruction of the Lake Drive /I -35W Interchange in 2007. During the past year staff has worked closely with the Minnesota Department of Transportation (Mn /DOT) to identify any additional state contributions to the project. As a result of these discussions Mn /DOT has agreed to perform construction engineering services for the majority of the project for a lump sum payment of $43,553.00. While these services will be supplemented by the City's consultant • engineer SEH Inc., Mn /DOT's participation represents an approximate $400,000 savings to the project. RECOMMENDATION Staff is recommending approval of Resolution No. 07 -36. ATTACHMENTS 1. Resolution No. 07 -36 2. Mn /DOT Agreement No. 90502 -P • STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION METRO DISTRICT Mn /DOT Agreement No. 90502 -P SP 0280 -55, SAP 02- 623 -13, 210 - 020 -04 The State of Minnesota Amount Encumbered Department of Transportation, and (none) The City of Lino Lakes, Minnesota Re: City cost construction engineering by the State for the Estimated Amount I -35W /CSAH 23 Interchange project in Receivable Lino Lakes. $45,553.00 THIS AGREEMENT is made and entered into by the State of Minnesota, through its Commissioner of Transportation ( "State "), and the City of Lino Lakes, Minnesota, acting by and through its City Council ( "City "). WHEREAS, the City is about to perform roadway construction on the I -35W and CSAH 23 *interchange in Lino Lakes within the limits shown on the City- prepared plans, specifications, and special provisions and designated by the State as State Project No. 0280 -55 and State Aid Project numbers SAP 02- 623 -13 and 210 - 020 -04 (Construction "); and WHEREAS, the City has requested that the State perform the construction engineering services consisting of contract administration, construction and materials inspection in connection with the Construction, and the State is willing to provide such service provided the State is reasonably compensated for such services; and WHEREAS, the City has expressed its willingness to pay the State for the construction engineering; and WHEREAS, pursuant to Minnesota Statutes Section 174.02, subdivision 6, the Commissioner of Transportation may enter into agreements with other governmental or non - governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other means of providing transportation related services; or for other cooperative programs that provide *efficiencies in providing governmental services or that further develop innovation in transportation for the benefit of the citizens of Minnesota; and 1 of 6 • Mn /DOT Agreement No 90502 -P WHEREAS, pursuant to Minnesota Statutes Section 471.59, subdivision 1, two governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental unit. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I — TERM OF AGREEMENT This agreement will be effective upon execution and approval by the appropriate City and State officials pursuant to Minnesota law and shall remain in effect until the completion of the City let Construction Project, but no later than December 31, 2011. The City let construction project is scheduled to begin in May 2007 and be completed by December 31, 2010. ARTICLE II — STATE'S ROLE; CITY ASSUMES ENVIRONMENTAL LIABILITY fOIn performing its obligations under this contract, the State is acting only as a contractor to the City, on a fee - for - service basis, performing services requested by and prescribed by the City. The City acknowledges that the State is acting as its "Contractor" as defined in Minnesota Statutes §115B.03 (subd. 10), and as such is entitled to all applicable protections from liability for environmental conditions afforded by the Minnesota Environmental Response and Liability Act (Minnesota Statutes chapter 115B). Nothing in this Agreement, or in the course of performing the work hereunder, will be construed to cause the State to be an owner, operator, transporter, or other "Responsible Person" (or the employee or agent of any "Responsible Person "), with respect to any applicable state or federal law regarding liability for pollution. The City acknowledges that the State is not acting as its employee, agent, servant, partner, joint venturer, or co- principal with respect to the construction of the project, or the ownership or operation of any contaminated properties. If a court or other governmental agency or body lawfully determines that the State, by reason of performing its duties under this contract, is a "Responsible Person" under an applicable environmental liability law, then the City will indemnify the State against, and hold the State harmless from, any costs, expenses, fines, assessments, or damages imposed as a result of such determination. The City will also indemnify the State for reasonable attorney's fees incurred by the State in defending such actions, except for grossly negligent or intentional acts of the State which .cause the release or threatened release of a hazardous substance or substances. 2 of 6 Mn /DOT Agreement No 90502 -P !ARTICLE III - PERFORMANCE OF CONSTRUCTION ENGINEERING A. Upon request of the City, the State will perform construction engineering for the City Construction project in the manner currently used by the State. B. At any time before both parties agree on a time schedule, each party to this Agreement may terminate this Agreement. Termination of the Agreement must be accomplished by serving a written notice upon the other's authorized agent. C. The State will provide all labor, equipment, and materials necessary to perform the construction engineering for the contract with the exception of surveying and staking which will be performed by the City and an entry level inspector who will be provided by the City. D. All inspection, control of materials, and associated documentation for the Construction to be performed in accordance with the Construction plans, specifications, and /or special provisions will be performed by the State's engineer assigned to the Construction. E. At regular intervals after the City's contractor has started the Construction, the State will prepare partial estimates of construction costs in accordance with the terms of the construction contract. Immediately after the preparation of each partial estimate, the State's engineer assigned to the Construction will submit the partial estimate to the City. The State will also • prepare the final construction cost data for the Construction and submit the final construction cost data to the City. The City will be responsible for making payments to the contractor based on the partial estimates certified by the State's engineer. F. City concurrence must be obtained before the State authorizes Change Orders, Work Orders, and /or Supplemental Agreements that significantly increase the City's cost participation. City will concur with, or object to, authorization of additional work within 24 hours of notification by State that additional work is deemed necessary. ARTICLE IV - PAYMENT OF CITY COST SHARE Section A. Advancement of the City's Cost Share As payment for the construction engineering performed by the State, the City will pay a lump sum of $45,553.00 to the State. Prior to the State performing any construction engineering for the Construction covered under this Agreement, and after the following conditions have been met, the City must advance to the Commissioner of Transportation the City's total cost of $45,553.00. 1. The State executes and approves this Agreement and sends a copy to the City; and 3 of 6 Mn /DOT Agreement No 90502 -P 2. The City receives a written request from the State for the advancement of funds. ARTICLE V - GENERAL PROVISIONS Section A. Right -of -Way, Easements, and Permits The City must, 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 City's share of the Construction. Section B. Examination of Books, Records, and Accounting Procedures As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to examination by the Minnesota Department of Transportation Auditor, the City Auditor, the Legislative Auditor, and the State of Minnesota Auditor, as appropriate, for a minimum of six years from the expiration of this agreement. Section C. Liability Each party to this Agreement will be responsible for its own acts and omissions, the acts and omissions of its employees, and the results thereof to the extent authorized by law, and will not be responsible for the acts and omissions of the other party or its employees and the results thereof. The State's liability will be governed by the provisions of Minnesota Statutes Section 3.736 and other applicable law. The City's liability will be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466 and other applicable law. Section D. Extent of Agreement This entire Agreement between the State and the City is contained herein. This Agreement supersedes all oral agreements and negotiations between the State and the City relating to the subject matter hereof. All items referred to in this Agreement are made a part hereof by reference with the same force and effect as though fully set forth herein. Section E. Amendments Any amendments to this Agreement must be in writing and must be executed by the same parties that executed the original Agreement, or their successors in office. • Section F. Counterparts This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same agreement. 4 of 6 • Mn /DOT Agreement No 90502 -P Section G. Data Practices The parties must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or to a party pursuant to this agreement. ARTICLE VI - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is the Resident Engineer, Mendota Heights, or his /her successor. The current address and phone number is 2229 Pilot Knob Road, Mendota heights, MN, 55120, 651/406 -4831 The City's Authorized Agent for the purpose of the administration of this Agreement is the City of Lino Lakes Community Development Director, or his /her successor. The current address is 600 Town Center Parkway, Lino Lakes, MN 55014, 651/982 -2400. ARTICLE VII — TERMINATION • 1. Either party may terminate this contract, with or without cause, upon 30 days notice to the other party. 2. Either party may terminate this contract immediately upon notice to the other party if: (1) funding necessary to complete project or perform the services under this contract is not obtained or can not be continued at a sufficient level. (2) reductions or reallocations of funding or personnel make it impossible or impractical to perform the services to be provided under this contract. The termination procedure will be done in a manner to minimize further costs /liability incurred by the City. 3. Upon termination, the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. The State will promptly refund any funds advanced by the City •which exceed the amount due the state. 5 of 6 Mn /DOT Agreement No 90502 -P IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers Illy this Agreement is duly executed on the last date written below. • • CITY OF LINO LAKES DEPARTMENT OF TRANSPORTATION By: By: Date: Date: Approved as to Form and Execution By: By: Date: Title: Date: 6 of 6 DEPARTMENT OF ADMINISTRATION By: Date: