91-39
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CITY OF CHANHASSEN
RESOLUTION #91-39
BE IT RESOLVED that the City of Chanhassen enter into Agreement No. 67824
with the State of Minnesota, Department of Transportation for the following purposes,
to-wit: .
To provide for payment by the State to the City of the State's share of the costs of
the right turn lane construction and other associated construction to be performed
upon and along Trunk Highway No. 101 at Sandy Hook Road and at Choctaw Circle
within the corporate City limits under State Project No. 2736-35 (T.R. 101 = 187).
BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized
and directed to execute such agreement.
CERTIFICATION
State of Minnesota
County of Carver
City of Chanhassen
I hereby certify that the foregoing Resolution is a true and correct copy of the
resolution presented to and adopted by the Council of the City of Chanhassen at a
duly authorized meeting thereof held on the ~ fh day of ~ ' 1991,
as shown by the minutes of said meeting in my possession.
,i(), ~.Sb6
Cl anager
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PRE-LETTING
SERVICES
SECTION
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COOPERATIVE CONSTRUCTION
AGREEMENT
AGREEMENT NO.
67824
S.P. 2736-35 (T.H. 101=187)
State Funds
Agreement between
The State of Minnesota
Department of Transportation, and
The City of Chanhassen
Re: State cost right turn lane
construction upon and along
T.H. 101 at Sandy Hook Road
and at Choctaw Circle in
Chanhassen
ORIGINAL
AMOUNT ENCUMBERED
$41.349.72
AMOUNT RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter ~eferred to as
the "State" and the City of Chanhassen, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
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~ WITNESSETH:
WHEREAS the City is about to perform right turn lane construction and
other associated construction upon and along Trunk Highway No. 101 at
Sandy Hook Road and at Choctaw Circle within the corporate City
limits in accordance with City.prepared plans, specifications and/or
special provisions designated by the City as City Project No. 89-26
and by the State as State Project No. 2736-35 (T.H. 101=187); and
WHEREAS all of the right turn lane construction is to be performed
within the Trunk Highway No. 101 right-of way limits; and
WHEREAS the city has requested participation by the State in the
~ costs of the right turn lane construction; and
WHEREAS the State will reimburse to the City 100 percent of the costs
of the Trunk Highway No. 101 right turn lane construction as
hereinafter set forth; and
WHEREAS Minnesota Statute 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.
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IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
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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/or special provisions designated by the City as
City Project No. 89-26 and by the State as State Project No. 2736-35
(T.H. 101=187). The contract construction shall be performed in
accordance with State-approved City plans, specifications and/or
special provisions which are on file in the office of the City's
Engineer and in the office of the Commissioner of Transportation at
st. Paul, Minnesota, and are made a part hereof by reference with the
same force and effect as though fully set forth herein.
section B. Documents to be Furnished to the State
The City shall, within 7 days of opening the bids for the
construction contract, promptly submit to the state's District
Engineer at st. Paul a certified 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.
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~ Section C. Cancellation of Aareement
Each party to this agreement reserves.the right to withdraw from and
cancel this agreement within 30 days after the opening of bids if
either party determines any or all bids to be unsatisfactory; the
withdrawal from or cancellation of the agreement shall be
accomplished by either party serving a written notice thereof upon
the other.
Section D. 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, the State cost participation construction covered under this
agreement shall be open to inspection by the State's District
tit Engineer at st. Paul or his authorized representatives. The City
shall give the District Engineer five days notice of its intention to
start the contract construction.
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~ Section E. ComDletion 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's District Engineer for
unavoidable delays encountered in the performance thereof.
section F. Additional Construction. Plan Chanaes. Etc.
Th~ State shall not participate in the cost of any contract
construction that is in addition to the State cost participation
construction covered under this agreement unless the necessary State
funds have been encumbered prior to the performance of the additional
~ contract construction and the terms and conditions in the following
paragraph have been met.
All changes in the plans, specifications and/or special provisions
for the State cost participation construction covered under this
agreement and all addenda, change orders and/or supplemental
agreements entered into by the City and its contractor for State cost
participation construction covered under this agreement must be
approved in writing by the State's District Engineer before paYment
is made by the State therefor.
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~ section G. ComDliance with Laws. Ordinances and Reaulations
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, including Minnesota statute section
16B.101, and all applicable ordinances and regulations.
The City shall, within 90 days after the satisfactory completion of
the City-owned utilities contract construction, submit to the
Director of the State's Pre-Letting Services section five copies of a
permit application, including "as built" sketches, for all City-owned
utilities constructed upon and within the trunk highway right-of-way.
Application for permits shall be made on State form "Application For
utility Permit On Trunk Highway Right-Of-Way" (Form TP2525).
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~ ARTICLE II - BASIS OF PAYMENT BY THE STATE
Section A. SCHEDULE "III
A SCHEDULE "I" is attached hereto and made a part hereof by
reference. The SCHEDULE IIIII includes all anticipated State cost
participation construction items and the construction engineering
cost share covered under this agreement.
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section B. State Cost ParticiDation Construction
100 PERCENT
All of the right turn lane construction to be performed upon and
along Trunk Highway No. 101 at Sandy Hook Road and at Choctaw Circle
within the corporate City limits under State Project No. 2736-35
(T.H. 101=187). The construction includes, but is not limited to,
those construction items as described and tabulated on Sheet No. 2 of
the attached SCHEDULE IIIII.
section C. Construction Engineering Costs
The State shall pay a construct~on engineering charge in an amount
equal to 8 percent of the total cost of the State participation
construction covered under this agreement.
section D. Addenda. Chanae Orders and Supplemental Agreements
The State shall share in the costs of construction contract addenda,
change orders and/or supplemental agreements which are necessary to
complete the State cost participation construction covered under this
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~ agreement and which have been approved in writing by the state's
District Engineer.
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section E. Settlements of Claims
The State shall pay to the City its share of the costs of any
settlements of claims made with the City's contractor.
All liquidated damages assessed the City's contractor in connection
with the construction contract shall result in a credit shared by the
State and the City in the same proportion as their total construction
cost share covered under this agreement is to the total contract
construction cost before any deduction for liquidated damages.
ARTICLE 'III - PAYMENT BY THE STATE
Section A. Estimate and Advancement of the State's Cost Share
It is estimated that the State's share of the costs of the contract
construction plus the 8 percent construction engineering cost share
and a $3,000.00 contingency amount is the sum of $41,349.72 as shown
in the attached Preliminary 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 B. 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. The contingency amount is provided to cover
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~ overruns of the plans estimated quantities of state cost
participation construction and/or state-approved additional
construction including construction engineering costs.
The state shall advance to the City the state's total estimated cost
share, less con:tingency amount, as shown in the Revised SCHEDULE "1"
after the following conditions have been met:
1. Encumbrance by the state of the state's total estimated cost
share, including contingency amount, as shown in the Revised
SCHEDULE "1".
2.
Execution of this agreement and the State's transmittal of same
to the City along with a copy of the Revised SCHEDULE "1" and a
letter advising the city of the State's concurrence in the award
of the construction contract.
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3. 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 the construction contract has been executed by
all necessary parties.
Whenever it appears the cost of the State participation construction
covered under this agreement is about to exceed the current amount of
encumbered state funds, the City shall notify the State's District
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Engineer in writing prior to performance of the additional state cost
participation construction. Notification shall include an estimate
in the amount of additional funds necessary to complete the state
cost participation construction including construction engineering
costs and the reason(s) why the current amount encumbered will be
exceeded. The state shall, upon its approval of the additional state
cost participation construction, submit a request for encumbrance of
the necessary additional funds to the Minnesota Department of
Finance. That action will have the effect of amending this agreement
so as to include the state's share of the costs of. the additional
construction.
Should the City cause the performance of additional contract
construction which would otherwise qualify for State cost
participation covered under this agreement, but for which the State
has not previously encumbered funds, that additional contract
construction is done at the City's own risk. The City shall notify
the State's District Engineer in writing of the additional state cost
participation construction. Notification shall include an estimate
in the amount of additional funds necessary to cover the additional
state cost participation construction including construction
engineering costs and the reason(s) why the current amount encumbered
was exceeded. If the State app~oves the additional state cost
participation construction, the City's claim for compensation along
with a request for encumbrance of the necessary additional funds
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shall be submitted to the Commissioner of Finance for review pursuant
to Minnesota statute section 16A.15, subdivision 3, but no guarantee
is made that the claim will be approved by the Commissioner of
Finance. If the Commissioner of Finance certifies the claim for
compensation and the request for encumbrance of the necessary
additional funds therefor, that action will have the effect of
amending this agreement so as to include the state's share of the
costs of the additional construction.
If the state determines that the submittal of a claim for
compens~tion is warranted and it is deemed legally necessary to
supplement this agreement, and if the claim is approved and a
supplement to this agreement in connection with the claim is prepared
and processed, the first $3,000.00 of the claim will not be eligible
for paYment.
Section B. Records KeeDina and Invoicina by the Citv
The state shall provide the City with a PaYment Processing Package
containing a Modified SCHEDULE "I" form, instructions, and samples of
documents for processing final paYment of the state participation
construction cost covered under this agreement.
The City shall keep records and accounts that enable it to provide
the State with the following:
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67824
A copy of the Modified SCHEDULE "I" which includes final
quantities of State cost participation construction.
2. Copies of the City contractor's invoice(s) covering all contract
construction.
3. Copies of the endorsed and cancelled City warrant(s) or check(s)
paying for all contract construction.
4. Copies of all construction contract change orders and/or
supplemental agreements.
5.
A certification form attached to a copy of the Final
SCHEDULE "I", both of which shall be provided by the State. The
certification form shall be signed by the City's Engineer in
charge of the contract construction attesting to the following:
a.
The satisfactory performance and completion of all contract
construction in accordance with State-approved City plans,
specifications and/or special provisions.
b.
The 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 "Standard Specifications for Construction".
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67824
Full payment by the City to its contractor for all contract
construction.
6. When requested by the state, copies, certified by the City's
Engineer, of material sampling reports and of material testing
results for the materials furnished for the state cost
participation construction covered under this agreement.
7. A formal invoice (original and signed) in the amount due the
City as shown in the Final SCHEDULE "I".
As provided by Minnesota statute section 16B.06, subdivision 4, the
books, records, documents, and accounting procedures and practices of
the City relevant to this agreement are subject to examination by the
contracting department or agency, and either the legislative auditor
or the state auditor as appropriate.
Section C. Final Payment bv the State
Upon completion of all contract construction, the State shall prepare
a Final SCHEDULE "I" based on final quantities of State cost
participation construction and shall submit a copy to the City. If
the final cost of the State participation construction covered under
this agreement exceeds the amount of funds advanced by the state, the
State shall promptly pay the difference to the City without interest.
If the final cost of the State participation construction covered
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ARTICLE IV - GENERAL PROVISIONS
section A. ReDlacement of castinas
The City shall furnish its contractor with new castings and/or parts
for all inplace City-owned facilities constructed hereunder when.
replacements are required, without cost or expense to the State.
section B. Maintenance bv the City
Upon satisfactory completion of the storm sewer facilities and City-
owned facilities construction to be performed within the corporate
City limits under the construction contract, the City shall provide
for the proper maintenance of those facilities, without cost or
expense to the State. Furthermore, neither party to this agreement
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shall drain any additional drainage into the storm sewer facilities
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 Golden Valley
and is made a part hereof by reference with the same force and effect
as though fully set forth herein.
Section C. Claims
The City at its own sole cost and expense shall defend, indemnify,
save and hold harmless the State and all of its agents, officers and
employees of and from all claims, demands, proceedings, actions or
causes of action of whatsoever nature or character arising out of or
by reason of contract construction, construction engineering and/or
maintenance covered under this agreement including an action or claim
which alleges negligence of the State, its agents, officers and
employees.
All employees of the City and all other persons employed by the City
in the performance of contract construction, construction engineering
and/or maintenance covered under this agreement shall not be
considered employees of the state. All claims that arise under the
Worker's Compensation Act of the state of Minnesota on behalf of the
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4It employees while so engaged and all claims made by any third parties
as a consequence of any act or omission on the part of the employees
while so engaged on contract construction, construction engineering
and/or maintenance covered under this agreement shall in no way be
the obligation or responsibility of the state.
section D. Nondiscrimination
The provisions of Minnesota statute section 181.59 and of any
applicable ordinance relating to civil rights and discrimination
. shall be considered part of this agreement as if fully set forth
herein.
section E. Aareement Approval
~ Before this agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of state
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
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4It IN TESTIMONY WHEREOF the parties have executed this agreement by their
authorized officers.
DEPARTMENT 01' TRANSPORTATION
Recommended for approval:
By frI/A{Ii!;~~
Pre-Letting Services section
By
District Engineer
By
Deputy Division Director
Technical Services Division
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Approved:
By
Deputy Commissioner
of Transportation
Date
(Date of Agreement)
OFI'ICE 01' THE ATTORNEY GENERAL
Approved as to form and execution:
By
Special Assistant Attorney General
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City of Chanhassen
Bl ZLlfta~~ ~ ~.
Date ~ ~) /'1'1/
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Cit Manager
By
Date
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DEPARTMENT OF ADMINISTRATION
Approved:
By
(Authorized Signature)
Date
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