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HomeMy WebLinkAbout5.B.2. Mn/DOT Agreement for Fuller St. Trail and Pedestrian Bridge-Res. No. 6960 5. f3, J- I CITY OF SHAKOPEE CO~I~rt~T Memorandum . 'ha~L.. TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Approval ofMnJDOT Cooperative Construction Agreement No. 94772 Fuller Street Trail and Pedestrian Bridge DATE: November 17, 2009 INTRODUCTION: Attached to this memo is the proposed Cooperative Construction Agreement from MnlDOT in regard to the Fuller Street pedestrian bridge over T.R. 169. Also attached is a resolution for the City of Shakopee to enter into MnJDOT Agreement No. 94772. BACKGROUND: The City of Shakopee has been working on an extension of bituminous trail, from Vierling Drive to Appaloosa Lane and including a pedestrian bridge over T.R. 169 along Fuller Street. Plans have been completed and a Cooperative Construction Agreement No. 94772 has been prepared by MnJDOT for this project. Essentially, the City would receive a State payment for $48,195.00 for the bituminous trail and pedestrian bridge construction along Fuller Street by the City and over T.R. 169. Mn/DOT had previously agreed to a Cooperative Construction Agreement with the City for this project, and this is the fmal agreement for the City to enter into with Mn/DOT. AL TERNA TIVES: 1. Approve Resolution No. 6960, a resolution authorizing the City of Shakopee to enter into Mn/DOT Agreement 94772. 2. Do not approve Resolution No. 6960. 3. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No.1, to enter into a formal agreement with MnDOT and the City of Shakopee, in which the City would receive funding for the pedestrian bridge and trail over T.R. 169. ACTION REOUESTED: Offer Resolution No. 6960, A Resolution Entering Into Agreement No. 94772 Between the City of Shakopee and the State of Minnesota Department of Transportation and move its adoption. ~~E. Public Works Director ENGR/2009-PROJECTS/FULLER-STREET- TRAILIWORDI AGREEMENT94772-FINAL CITY OF SHAKOPEE RESOLUTION NO. 6960 ENTERING INTO AGREEMENT NO. 94772 BETWEEN THE CITY OF SHAKO PEE AND THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION IT IS RESOLVED that the City of Shakopee enter into Mn/DOT Agreement No 94772 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the bituminous trail and pedestrian Bridge No. 70550 construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 169 at Fuller Street within the corporate City limits under State Project No. 7005-86. IT IS FURTHER RESOLVED that the Mayor, City Administrator and the City Clerk are authorized to execute the Agreement and any amendments to the Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of ,2009. Mayor of the City of Shakopee ATTEST: City Clerk ENGR/2009-ENGINEERING-PROlECTS/FULLER-STREET - TRAIIlWORDIRES6960-AGREEMENT94772-FINAL . i. (' PRE-LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 94772 S.P. 7005-86 (T.H. 169=005) S.P. 166-117-003 Bridge No. 70550 City' Project No. 2009-01 Fed. Proj. ESTEA 10ES(036) State Funds The State of Minnesota ORIGINAL Department of Transportation, and AMOUNT ENCUMBERED The City of Shakopee Re: State lump sum payment for $48,195.00 bituminous trail and pedestrian Bridge No. 70550 construction by the City on T.H. 169 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 Shakopee, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 , 94772 WHEREAS, the City is about to perform bituminous trail and pedestrian Bridge No. 70550 construction and other associated construction upon, along and adjacent to Trunk Highway No. 169 at Fuller Street within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project No. 2009-01 and State Project No. 166-117-003 and by the State as State Project No. 7005-86 (T.H. 169=005) and in the records of the Federal Highway Administration as Minnesota Project ESTEA 10ES(036); and WHEREAS, the City has requested participation by the State in the costs of the bituminous trail and pedestrian Bridge No. 70550 construction; and WHEREAS, it is the City'S desire to use American Recovery and Reinvestment Act (ARRA) funds, in an amount equal to $700,000.00, for the construction of the bituminous trail and pedestrian Bridge No. 70550; and WHEREAS, the State is willing to participate in the cost of the bituminous trail and pedestrian Bridge No. 70550 construction that exceeds $700,000.00 of the contract bid amount and associated construction engineering; however, the State's construction cost share and associated construction engineering shall not exceed $48,195.00, as hereinafter set forth; 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 94772 IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Grant of Limited Rights The State hereby 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 State-approved plans, specifications and special provisions for the project designated as State Project No. 7005-86. This right is granted for the limited 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. Section B. 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 ~nd 3 94772 consultants) to suspend their operations until suitable remedial action plan~ 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. Section C. 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/trafficeng!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. Section D. 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 pursuant to this Agreement, excluding the bituminous trail and pedestrian Bridge No. 70550 covered under this Agreement. 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 requ~st 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. 4 94772 Section E. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder (or best value proposer), subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and special provisions designated by the City as City Project No. 2009-01 and State Project No. 166-117-003 and by the State as State Project No.' 7005-86 (T.H, 169=005) . 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. Section F. Documents to be Furnished to the State The City shall, within 7 days of open~ng bids for the construction contract, submit to the State's State Aid Agreements 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 G. 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 sec.tion, 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. 5 94772 Section H. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however I the State cost participation construction covered under this Agreement shall be open to .inspection by~the State District Engineer's authorized representatives. The City shall give the State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract construction. Responsibility for the control of materials for the State cost participation construction covered under this Agreement shall be on the City and its contractor and 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" . Section I. 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, for unavoidable delays encountered in the performance thereof. , Section J. Additional Construction, plan Changes, Etc. All changes in the plans, specifications and special provisions for the State cost participation construction covered under this Agreement and all addenda, change orders and supplemental agreements entered into by the City and its contractor for State cost participation construction. covered under this Agreement must be 6 94772 approved in writing by the State District Engineer's authorized representative. Section K. 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 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. Section L. Right-of-Way, Easements and per.mits 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 local and trunk highway portions of 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 State cost participation construction covered under this Agreement. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of Trunk Highway No. 169, if any, upon completion of State Project No. 7005-86 (T.H. 169=005) at no cost or expense to the State. The City shall submit to the State's utility Engineer an original permit application for all City-owned utilities, including trail and , pedestrian Bridge No. 70550 lighting facilities, to be constructed hereunder that are upon and within the trunk highway right-of-way. 7 94772 Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525) . The City is responsible for complying with and following Minnesota Statutes 216D.04, Subdivision la, for identification, notification, design meetings and depiction of utilities affected by the contract construction. ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" is attach~d and incorporated into this Agreement. The Preliminary SCHEDULE "I" includes all anticipated State cost participation construction and the construction engineering cost share covered under this Agreement. Section B" State Cost Participation Construction The State shall participate, as indicated on the attached Preliminary Schedule "Ill, in the bituminous trail and pedestrian Bridge No. 70550 construction to be performed upon, along and adjacent to Trunk Highway No. 169 at Fuller Street within the corporate City limits under State Project No. 7005-86 (T.H. 169=005) : Section C.. Construction Engineering Costs The State shall. pay a Fonstruction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this Agreement, up to the maximum State obligation. ARTICLE III - PAYMENT BY THE STATE .It is estimated that the State's share of the costs of the contract construction plus the 8 percent construction engineering cost share is the sum of $48,195.00 as shown in the attached Preliminary 8 94772 SCHEDULE "I". The attached Preliminary SCHEDULE "I" was prepared using estimated unit prices. Upon receipt and review of the construction contract bid documents described in Article I, Section E. of this Agreement, the State shall then decide whether to concur in the City's award of the construction contract and, if so, prepare a Revised SCHEDULE "I" based on construction contract unit prices; however, the maximum obligation of the State under this Agreement shall not exceed $48,l95.00. After the following conditions have been met, the State shall advance to the ~ity the State's full'and complete lump sum cost share as shown in the Revised SCHEDULE "I": A. Encumbrance by the State of the State's full and complete lump sum cost share as shown in the Revised SCHEDULE "I". B. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for State cost participation construction covered under this Agreement, 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 o'f it to the City along with a copy of the Revised SCHEDULE "I" and a letter advising the City of the State's concurrence. in the award of the construction contract. 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. 9 94772 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. A copy of the endorsed and canceled. City warrant or check paying for final contract construction, or computer documentation of the warrant issued certified by an appropriate City official that final construction contract payment has been made. C. Copies of all construction con~ract change orders and supplemental agreements. 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, i specifications and special provisions. 2. Acceptance and approval of all materials furnished for the State cost participation construction covered under this Agreement relative to compliance of those materials to the State's current l1Standard Specifications for Construction". 3. Full payment by the City to its contractor for all contract construction. 10 94772 E. City Engineer certified copies of material sampling reports and of material testing results for the materials furnished for the State cost participation construction covered under this Agreement. F. . A copy of the lias built" plan sent to the State Aid Agreements Engineer. ARTICLE V - GENERAL PROV7S70NS Section A. Maintenance by the City Upon completion of the multi-use trail and pedestrian Bridge No. 70550 construction, the City shall be come the owner of and provide for the operation and maintenance of the multi-use trail and pedestrian bridge and all of the facilities a part thereof in accordance with Limited Use Permit No. 7005-0010, on file in the office of the State's District Engineer, without cost or expense to the State. Upon completion of the multi-use trail and pedestrian Bridge No. 70550 lighting facilities construction, the City shall become the owner of and provide for the proper maintenance of those facilities, without cost or expense to the State. 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. 11 94772 Section B. 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 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 C, 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 D. 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 12 94772 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. 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) . Section E. Nondiscr~ination 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 F. 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 Bruce A. Loney,. Public Works Director/City Engineer, or his successor. His current address and phone number are 129 South Holmes Street, Shakopee, MN 55379, (952) 233 - 9361. ,13 , - . 94772 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered Recommended for approval: as required by Minn. Stat. ~~ 16A.15 and 16C.05. By By District Engineer Approved: Date By State Design Engineer MAPS Encumbrance No. Date CITY OF SHAKOPEE Approved as to form and execution: By By Mayor Contract Management Date Date By COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Title By Date Date Attest: By Title 14 ~~S , , < " PRELIMINARY SCHEDULE "I" Agreement No. 94772 City of Sbakooee . S.P. 7005-86 (T.H. 169=005) Preliminary: October 27,2009 S.P.166-117-003 City Project No. 2009-01 Fed. Proj. ESTEA 10ES(036) . Bituminous trail and pedestrian Bridge No. 70550 construction performed under City contract with located on Trunk Highway No. 169 at Fuller Street STATE COST PARTICIPATION (1) Total Project Construction Cost 896,137.55 City Stimulus Funding (ARRA) (700,000.00) . Total Project Construction Costs exceeding $700,000.00 $196,137.55 (2) State Participation Construction Cost $44,625.00 Construction Engineer (8%) 3,570.00 (3) Total State Cost (Maximum Amount Not to Exceed $48,195.00) $48,195.00 . . (1) Extracted from the engineers estimate for S.P. 7005-86 (Estimated Amount) . (2) From Total Project Construction Costs exceeding $700,000.00 or $44,625.00, whichever is less. (3) Amount of advance payment (NOT TO EXCEED $48,195.00) as described in Article III of the Agreement (Estimated amount) . . - 1 -