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Home My WebLink About2007-049 Council Resolution• • • Council Member Stoltz introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -49 RESOLUTION APPROVING AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION MN /DOT COOPERATIVE CONSTRUCTION AGREEMENT NO. 90794 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 participation by the State in the costs of the roadway, bridge, and signal construction; and WHEREAS, the State is willing to participate in the costs of the roadway, bridge, and signal construction in an amount equal to $576,000.00 WHEREAS, the County, the City and the State will participate in the cost, maintenance and operation of the new and revised Traffic Control Signals and EVP Systems. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA that the City enter into Mn /DOT Agreement Number 90794 with the State of Minnesota, Department of Transportation for the following purposes, to wit: To provide for a lump sum payment by the State to the City as the State's full and complete cost share of the roadway, bridge, and signal construction to be at the Trunk Highway No. 35W and Lake Drive (Anoka County State Aid Highway No. 23) interchange within the corporate City limits under State Project No. 0280 -55 (T.H. 35W- 394) in accordance with the terms and conditions set forth and contained in Agreement No. 90794, a copy of which was before the Council. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and hereby are authorized to execute such Agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual contained therein. hn J. gerg son, Mayor • Juli. a - •ell, City CI rk Adopted by the Lino Lakes City Council this 26th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor thereof: Stoltz, Reinert, Carlson, O'Donnell, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: AGENDA ITEM 6C Michael Grochala March 26, 2007 Consideration of Resolution No. 07 -49 Approving Cooperative Construction Agreement with Mn /DOT, I -35W /Lake Dr. ACTION REQUIRED: Simple Majority BACKGROUND The City is preparing to move forward with the reconstruction of the Lake Drive /I -35W Interchange in 2007. The City was successful in receiving both Municipal Agreement funding and Local Road Improvement Funding from the State of Minnesota The agreement provides for payment to the city of the state's share of the costs of the construction to be performed by the City in the amount of $576,000.00. The agreement also outlines the maintenance responsibilities of Mn /DOT and the City. The Local Road Improvement Funding will be handled under a separate council resolution following award of the construction contract. RECOMMENDATION Staff is recommending approval of Resolution No. 07 -49. ATTACHMENTS 1. Resolution No. 07 -49 2. Mn /DOT Agreement No. 90794 • • PRE- LETTING STATE OF MINNESOTA Mn /DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 90794 S.P. 0280 -55 (T.H. 35W =394) S.A.F. 02- 623 -13 S.A.P. 210 - 020 -04 State Funds The State of Minnesota Department of Transportation, and The City of Lino Lakes Re: State lump sum payment for roadway, bridge, and signal construction by the City on T.H. 35W at Lake Drive (Anoka C.S.A.H. 23) AMOUNT ENCUMBERED $576,000.00 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 Lino Lake, Minnesota, acting by and through its City Council, hereinafter referred to as the "City ". 60 /Z0'd 1 OT:2i 2,00z- T? -6dN 4.N►+ r4 Minnesota Department of Transportation •Metropolitan Division (GO Waters Edge 1500 W. County Road B -2 Roseville, Minnesota 55113 (Information No. 651. 582.1000) LOCATION: FACSIMILE TRANSMITTAL Sender (Please send return fax to number checked) 9 Main Facsimile (Lower Level -Mail Room): 651.582.1131 9 Division Staff (1° Floor): 651.582.1166 9 MMT(aka ADE) area (1't Floor): 651.582.1302 9 Permits (1't Floor): 651.582.1454 9 Dispatch (1'` Floor): 651.582.1533 X State Aid/Public Affairs (1' Floor): 651.582.1368 9 Maintenance (1° Floor): 651.582.1008 9 Accounting/Purchasing (3"' Floor): 651.582.1239 9 Pre- Design/MIS (34 Floor): 651.582.1308 9 Personnel (3r1 Floor): 651.582.1009 9 Right of Way (3rd Floor): 651.582.1496 9 Employee Development (3rd Floor): 651.582.1534 9 Payroll (3rd Floor): 651.582.1593 9 LRT (31d Floor): 651.582.1004 K i4 a FAX NO. 51 1r2, - a I i t/1fl() 61,4es FROM: Michelle Moser LOCATION: METRO STATE AID MESSAGE: PHONE NO. (651) 582 -1323 LIIP'4 ;! l ha ' /� ,, , fig ' � r a J.-- # PAGES TO FOLLOW: 80 /TO'd VT :2T LOO?- TZ -6dN • • • 80d 1U101 90794 WHEREAS, the City is about to perform grading, bituminous pavement, striping, curb and gutter, drainage, bridge, and signal construction and other associated construction upon, along and adjacent to Trunk Highway No. 35W at the Lake Drive (Anoka County State Aid Highway No. 23) interchange within the corporate City limits in accordance with City - prepared plans, specifications and special provisions designated by the State as State Aid Projects No. 02- 623 -13 and No. 210- 020 -04 and State Project No. 0280 -55 (T.H. 35W =394); and WHEREAS, the City has requested participation by the State in the costs of the roadway, bridge, and signal construction; and WHEREAS, the State is willing to participate in the costs of the roadway, bridge, and signal construction in an amount equal to $576,000.00 as hereinafter set forth; and WHEREAS, in connection with the State contract, the traffic control signal system maintenance for the Trunk Highway No. 35W and Lake Drive signal system to be constructed under State Project No. 0280 -55 (T.H. 35W. =394) will be covered under Agreement No. 90500M between the State and the City of Lino Lakes; and WHEREAS, in connection with the State contract, the construction engineering to be performed by the State for State Project No. 0280 -55 (T.H. 35W =394) will be covered under Agreement No. 90502 -P between the State and the City of Lino Lakes; and WHEREAS, Minnesota Statutes Section 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. 2 80/80 -d 9T:21 2,00z- ZZ -NdW • 90794 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 State as State Aid Projects No. 02- 623 -13 and No. 210- 020 -04 and as State Project No. 0280 -55 (T.H. 35W =394). The contract construction shall be performed in accordance with State - approved 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. 411 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. Rejection 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. 60/20'd 3 OT:ET 200z -T -eldN • • 90794 Section D. Supervision of Construction The contract construction shall be under the supervision of the City; however, the City shall utilize the services of a registered professional engineer to be furnished by the State as provided in Article II, Section A. of this Agreement. The City shall give the State Aid Agreements Engineer five days notice of its intention to start the contract construction. 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 at Roseville, for unavoidable delays encountered in the performance thereof. Section F. Plan Changes and Additional Construction All changes in the plans, specifications and special provisions for the contract construction must be approved in writing by the State District Engineer's authorized representative. All addenda, change orders and supplemental agreements entered into by the City and its contractor for contract construction must first be approved in writing by the State's engineer furnished in accordance with Article II, Section A. of this Agreement. Section G. Compliance with Laws, Ordinances and Regulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and III regulations. 4 80/20'd 9T:21 L00Z- TZ -ddW • 90794 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. ARTICLE II - CONSTRUCTION ENGINEERING Section A. State Furnished Engineering Services The State shall furnish a registered professional engineer for the construction engineering to be performed in connection with the contract construction under Partnership Agreement 90502 -P between the City and the State. The State's engineer shall actively supervise and direct all construction engineering, surveying, staking, inspection, testing and associated documentation as required for the contract construction. The State shall also furnish other personnel, services, supplies and equipment as shall be necessary to properly carry out its construction engineering responsibilities, in accordance with Partnership Agreement No. 90502 -P. The contract construction shall be performed in accordance with the State- approved City plans, specifications and special provisions. The control of materials for the contract construction 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 ". IThe State's engineer may make minor changes in the contract construction which are reasonably necessary, advantageous, or 60ib0'd 0T :2T 2,002- TZ -edW • • 90794 desirable to cause the contract construction to be in all things performed and completed in a satisfactory manner. All change orders and supplemental agreements required to implement such changes to the contract construction shall be negotiated and prepared by the State's engineer and submitted to the City for execution in accordance with Article I, Section F. of this Agreement. Section B. Partial and Final Estimates of Construction At regular intervals during the contract construction, the State shall prepare and certify partial cost estimates for completed contract construction in accordance with the terms of the construction contract. The State shall also prepare the final estimate data for the contract construction. Immediately after the preparation of each partial and final estimate, the State shall submit the estimate to the City. Quantities listed on the partial and final estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual. The City shall make all payments to the contractor for completed certified contract construction. ARTICLE III - PAYMENT BY THE STATE The State shall advance to the City, as the State's full and complete share of the costs of the roadway, bridge, and signal construction to be performed upon, along and adjacent to Trunk Highway No. 35W at the Lake Drive Interchange within the corporate City limits under State Project No. 0280 -55 (T.H. 35W =394), a lump sum in the amount of $576,000.00. 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. 6 80/90'd ST:2T 2,00Z- TZ -ddW • • • 90794 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. 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 IV - 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. 60 /S0'd 7 IT:2T LOW- TZ -dUW • 90794 D. A certification form, provided by the State, signed by the City's Engineer in charge of the contract construction attesting to the following: 1. 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. IIIE. 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 V - 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 satisfactory completion of the Lake Drive roadway construction to be performed within the corporate City limits under the 410 construction contract, the City shall provide for the proper 8 80/S0'd ST :2T 2,00Z- TZ -6dW • • 90794 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 satisfactory completion of the Lake Drive bridge construction over Trunk Highway No. 35W to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the bridge roadway and walk without cost or expense to the State. Maintenance shall include sweeping, snow, ice and debris removal necessary to perpetuate the bridge roadway and walk in a safe and usable condition. The State shall be responsible for inspection and structural maintenance of the bridge, including concrete surfacing. Upon satisfactory completion of the Lake Drive bridge ornamental metal railing construction over Trunk Highway No. 35W to be performed within. the corporate City limits under the construction contract, the City shall provide for the proper maintenance (including painting and replacement) of the ornamental metal railings without cost or expense to the State. Upon satisfactory 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 9 60/90'd TT:ET 2,00Z- TZ -6bW • • • 90794 as flooding, erosion; sedimentation or accelerated deterioration of the facilities. Upon satisfactory completion of the storm water holding and infiltration pond construction to be performed within the corporate City limits under the construction contract, the City shall provide for proper maintenance of the pond(s) without cost or expense to the State. Maintenance shall include, but not limited to, litter, debris and silt removal, mowing, erosion repairs 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. The City shall accept full and total responsibility and all obligations and liabilities arising out of or by reason of the drainage collecting into and being discharged from the pond(s) and the use, operation, maintenance, repair and reconstruction of the storm water treatment ponds and all of the facilities a part thereof constructed hereunder, without cost or expense to the State. Upon satisfactory completion of the City -owned utilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those utilities, without cost or expense to the State. Upon satisfactory 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. B0ib0'd 10 ST:2T Lae?- T? -ddW • • • 90794 Upon completion of the non- freeway and bridge lighting facilities construction to be performed within the corporate City limits under the construction contract, the City will provide for the proper maintenance of those facilities. Maintenance includes but is not limited to; replacing faulty luminaires and knocked down or otherwise damaged poles; repairing or replacing underground facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the lighting facilities in working order; cleaning and relamping the luminaires; and painting the lighting facilities. The City will pay all monthly electrical service expenses necessary to operate the lighting facility. The City will be responsible for the hook -up cost and application to secure an adequate power supply to the service pad or pole. 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 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. Section D. 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 60/L0'd 11 It:2T 2,00Z- TZ -eidW • 90794 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 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 E. 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 F. 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. 12 PT:2T LOW- TZ -60W • • • 90794 Section G. 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 H. 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. ARTICLE VI - 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 Michael Grochala, Community Development Director, or his successor. His current address and phone number are 600 Town Center Parkway, Lino Lakes, "MN 55014, (651) 982 -2427. 60/82r d 13 TT:21 2,002- 1? -e1UW 90794 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered required by Minn. SCaC. 55 26A.15 and 16C.05. By Date DEPARTMENT OF TRANSPORTATION Recommended for approval: By District Engineer Approved: By State Design Engineer MAPS Encumbrance No. Date CITY OF LINO LAKES Approved as to form and execution: By By Mayor Contract Management *ate By Title Date 14 Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date 80/ze•d VT:2I L00?- TE -elbW