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1e MNDOT Partnership AgreementC] OF 7'/00 Mgk~ Bouievm:l POB~147 Chaohassen, ~,~17 Amlaimatba Frame: t':~ ?'~7.1100 Faa:: ~L~ ~7.1110 B~IIMI IBN~m Fro: _~o ~;?.1190 Rlom: ~.1140 F~: 952.227.1110 Park I RHfNIIOa Plme: 962.227.1120 ~ 952.227.1110 2310 CouM 9mievad Photo: ~ ~'¢.1400 F'~: 952.227.1404 Fnm~ ~ 7~7.11~0 F~c 952227.1110 i~m: ~,~ ~7.1125 952.227.1110 FROM: DATE: SUB/: Teresa I. Burgess, Public Works Director/City Ianuaz'y 7, 2003 Approve Minn~t Depax~nt of T~on (MnlNgT) P~x~tip Agme~nt p~,Q[,~D ACTION Approve the attached partnership agreement with MnINgT. ~DISCUSSION MnDOT has requeated that local units of government sign the .n. ehed agreement acknowledging an intent to parm~ with MnrgYr and also allowing for the City to conmmt, ff it so desires, for setvice~ available through MnDOT. This agreenmnt does ~a~ authorize any financial commi~ on the part of thc City nor does it ~ thai thc City usc the available services or waive ~ny rights under municipal consent on future projects. Attachment 1'ss C11~ if CkmsWm · A go~4u0 mn~lty Mlh ck~ lalun, qml;y ~cho~tn, a cl~dno domlm~, IMv4nO budnwm~, ~ ~1~ ard hnmh'bl Imn*t~ A Om~ p4~ Io I~ ~ ~ ~ STATE OF MINNESOTA PARTNERSHIP CONTRACT This eomract is between the S,~- of~ ac-ting throu/h its Co~-~,,.;~_,~oa- of Traaspor~on ('Sm/e') and the City of~ ("Local Governmmt Unit=). Redmls Pursuant to Minnesota Statutes ~471.59, subdivision 1, two or more ~ve~mnental units may enter into an agreement to cooperatively exercise any pow~' common to tho contractin~ parties, and one of the participating ~vernmemal units may exercise one of its powers on behalf of the other governmental units; Pursuant to Minnesota Statutes §174.02, subdivision 6, the Commi.,~'oner of Tnmspormtion may enter into agreements with other goverm~ental or non-gove~nUd em/ties f~r ~ md ~e~tion, for sharing facilities, equipment, stafl~ data or other means of providing transportation related services; or for other cooperative pm/mm that pwmote efficiendes in providing govmunmtal services or that further develop innovation in tmnsport~on for the benefit of the citizem of Minnesota; and The State, throu~ its "Program Support" and "Program Delivery" Groups, offers a variety of mmspoz~on- related technical ass/stance and support services to other governmental units on a fee-for-service bas/s; and The Local Government Unit dedres that the State provide transportation-related technical a~istance ~ support. The Stale ia willing to provide atu:h auppo~ upon request and sazbject to the terms and eonditiom centained in this contract Contract Term of Contract 1.1 Eff~'~,e ~ This contract is effective on the ~ the Sta~ obtains all r~quired signatur~ undo' Minnesota Smm~ § 16C.0~, subdivision 2. 1.2 ~~ ~ This contra~ will ~xpir~ five ymrs from its eff-~civ¢ dat~ unless t~min~_~ earli~' pursuant to Article 10. 1.3 Sar~al of Term: The following clauses survi~ thc ~xpi~on or ~on ofth~ con~'a~c: 6. LiabilitT, 7. Stat~ Audits; 8. Gov~nme~ Data Pra~; and 9. Gore:ming Law, Sudsdiction, and V~nue. 2 Duties of the Parties 2.1 Thc Local Government Unit may request that the State perform any of the sa'vices shown on Exhibit A, "Available Services". The Local Government unit may also request that the Staie perform tmnsport~on- related servi~ other than those shown on Exhibit A. 2.1.1 The Local Government Unit mu~t submit a brief written request for any services to the State. The request may be in the form ofa letIer, memommium or pmchaae order ami may be trsnsmi~ by fax or e-maiL A request may be made via telephone, but will not considered accepted unless acknowledged in writing by the State. The request must include sufficient detail on the scope of work to be performed to afford Stale the opportunity to assess the p~v. (izqx)) I,qo I Mn/IXYF C, ontmot No. CFMS Cantra~t Na 2.2 Upon receipt of a written request from the Local Government Unit, the State will evaluate the request and promptly inform the Local Govcmmmt Unit ii'the State will perform the work, either as submitted or with modifications. If accepting the work, the State will idmtify a project .manager for the work to be performed. Any work assi?rnem accepted by the State pursuant to this contract is subject to all terms and conditions of this contract. 2.3 After the State accepts a work a~signme~t, the State will pm .lv~dy perform the work in a professional manner and in accordance with generally accepted government standards. If the Local Government Unit deems that the work is not proceeding in a ~tls~ry manner, the Local C-overnme~t Unit will brin8 such concerns to the State's Project Manager in charge of the particular project. The Parties will endeavor to resolve any disputes concerning work under this contract in the most informal and coat-effective manner reasonably available. 3 Consideration and Payment 3.1 Pay~m~. The State may, at its option, charge the Local Govexr~ment Unit on eith~ a ltv,p-sum or actual cost basis for performance of the work, 3.2 Actua/Cost Ba,~. Unless a lump sum or other payment arrangement is agreed upon, all work performed by the State will be billed on an actual cost basis. For work performed upon an actual cost basis, the State will provide a report showing the actual cost of the services pa'fro'reed by the State under this contract. The State's "Actual Cost" will consist of all of the following elements: The actual cost of any materi~l, provided by the State; and Travel ~pensez reasonably and necessarily incurred by the State in the performance of the work. Such travel expenses will be subject to the limitations coHtained in the "~inne~ota ~ of Transportation Travel Regulations" in effect at the time the work is performed; ami Labor costs incurred by the State in perfom~an~ of thc work. Such labor costs will consist of: (a) The actual hourly wage or salary of State p~sonnel for time spent working on the project; and (b) Labor and overhead additive, at a rale to be determined annually by the appwpdate State FinanciaY~nnting Office. 1 ~hor additive will include fringe benefits, holiday and vacation pay, ami applicable workera eom,reamlfion and payroll tax Equipment costa incmq'ed by the Stale in the pa'f~ of the work. Such cost will consist off (a) The hourly rental rate of the equipment; and (b) Fuel and other direct operational costs not included in the equipmg~ nmtal rate. 3.3 P~y~mt (A) The State will invoice the Local Govemme~ Unit upon completion of the sarvic~ or at regular intervals not mor~ than once monthly as agreed utx)n by the parties: ~,. 02~m) ~2 Mn/DOT Cce~ No. CFMS C~tm~ No. (B) The Local Government Unit will promptly pay the invoice(s) submitted by the State. Payment must be remitted to the address below: Minnesota Depm'tme~t of Trnnspomtfion RE: MN/IX)T CONTRACT NUMBER (include 3~$ John Ireland Blvd. St. Paul, MN 55155 IMPORTANT: THE REMrI'rANCE MUST INCLUDF, THE "Mn/DOT CONTRACT NUMBER" S 6 7 Aulhoflzed RepFesentaflves 4.1 State's Authortsed Representative. The Stn~'8 Authori2~ R~ fi:n* the a~uuiuismttion of this contract is Richard Stein', Assistant Commissioner or his/her successor. 4.2 Loeai Government Unit's Authorized Repruentative. The Local Government Unit's Authortz~ ~taiive for thc administration ofthl, conUnct is The Local Govcmmetn Unit's Engineer for ~echnical rrmttm~ nmi the Local Government Unit's Administral~r or Auditor for financial ~ Aaslgnment~ Amendmentz, Waiver, nnd Contra~t Complete 5.1 ~~. N~ither party may a~i~n or tnmafer anyrighm o~obl~?~m_, undermm~~a successors in office. the Stn~'s right to subsequently enforce it. 5.4 Coatmct C~%./~. This contra~t ~ all ncgotiatioas and ~ts ~ the Stat~ and the Local Government U~C No other und~ resardins ~ ~ ~ ~ ~ ~ ~ ~ m Eech party will be solely rcsponsfole f~ its own acts and o~ni~i,~a in connection with or tclnted t~ thl. contrecL The liability of the Stnlc is governed by M~ Statutes §3.736 and other npplicnble law. The liability ofth~ 1~ solely respoum~le for its own r,u.~l~ for any workers oompensation clsirr~. Az ~ de, liver~ble~ including plans ami doouncnts, lmxluced by the S",~ pursuant t~ this o~mtraot may be ~ imo ~ projeots of which the State may not be swar~, the Stst~ expertly disal~m~ shy liability fi~' the use of'such deliverabl~ ~a Stnte Audits Under Minneso~ Statutes § 16C.05, sub& 5, the Local Government Unit's books, raxxds, docmnen~ snd a~v. (12~0) ~ 3 Mn/DOT Coutrac~ No. CFMS Contract No. 8 Governmmt Data ~ The Local Government Unit sad the Srn~ must comply with the lvC_mnesom Government Data Practices Ac~ Minnesota Smmtgs Chapter 13, as it applies to all ~,r~ provided to or by the parties under this conuacc The Act provides, ~uer disclosure and non-<iisclosur~ provim'on for various types and classifications of dam p~vided to or by the Sta~ or the Local Government Unit. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the dstn refened to in this clause by either the Local Government Unit or the Stat~ 9 10 Governing Law, Jurisdiction, and Vmue Minnesota law, without regard to its choice-of-law provisions, governs this comxacc Venue for all legal proceedings arising o~t of this contract, or its brach, must be in the appm~ ',,re state or federal court with competent jurisdiction in Ramsey County, M'mnesota. Termination I0.1T~mlmU~onb~t~Sta~. The State may cancel ~is contract at any time, with or without cause, upon 30 days' wfimm notice to the Local Government Unit. Upon tmxninafion, the State will be entiged to payment, det~-r~i~ on a p,~ ma basis, for services satisfactory performed. 10.2 T~vu~mz~on b~ ~ Sm~ fo~' I~ Fm~g. The S.~- may immodia~ly tm'mina~ this conm~ if it does nc~ obutin funding from the Minnesota Le~sl~m.?., or other funding source; or if funding or staffing ~ c~no~ be con~inund a~ a level sufficient to allow for the provision of the services covered bere. Tra~u~nafic~ mus~ be by wrim~ or fax notice to the Local Gov~nmmt UniL The Sta~ will be envied to paymm~t, cletermin~ on a pro rata b~is, for s~-vices salisfactorily perfom~ to the effectiw ~t~t~ of such tm'mln~tion. ~ Sta~ will nc~ be liable for any damas~ sustained by the Local Gov~'nment Unit as a result of the tcrninau'ou of this conm~ by the 10.3 Termination by the Local Government Unit for ~t F~n~aln_o_ -The ~ Government Unit tony immediately terminate this c'onunct if it does no~ obtntn funding from its governing body, or other funding somv~ or if funding cnnr~ be continued ,t a level sufficient to provide for payment for the s~wices cov~t~l ~ 11 11.1 Exh~it A is ,,ns~.~ed and incorporated into this contra~ 11.2 The parties intend that tbe servic~ provided under this contract will not be construed as nn inte~iutn~ of employees subjea to Minnesota Statutes § 15.51, ~ seq. If the provision of the sendces trader this contract is deemed to be subject to ~nnmoca St~-_,u~s §15.51, eL seq., and any p~ovision in this contra~ is ~,~1 to conflic~ with such stam~ the~ the stamt~ will comrol to the eommt of any sach conflict. Mn/DOT Coal~a~ No. CFMS Conlx~t No. ~m~ ~.mmmm~ ~m ~m~ m B~ By:. Title: By:, Exhibit A Available Services Following are examples of services available from Mn/DOT pursuant to this agreement, and other services may be available upon request. Note that this agreement cannot be used for the construction of joint facilities, nor does it replace the "Municipal Agreement" process for cooperative construction programs. Maintenance · Pavement striping Brid~e Construction/Maintenance Services including: · Bridge load ratings · Bridge inspections · Hydraulic data system support/management Standards, Research and Governance services including: · Bridge standards and specifications development · Bridge research · Bridge construction, maintenance and hydraulic training Bridge Construction and Maintenance Services including: · Construction plann/ng and programming · Construction support · Steel fabrication services · Maintenance assistance Bridge Design Services including: · Preliminary bridge studies and plans · Final bridge designs and plans · Bridge construction estimating · Hydraulic structure recommendations · Consultant management Land Manaoement · Appraisal services · Legal Services · Eminent domain support · Legal descriptions · ~tic surveying · Photogmmmetdc Mapping · Platting · Direct Purchase Electronic Communications · Electronic and telecommunications system design, installation and maintenance services · Pavement condition data · Materials testing · Box culvert inspection · Pre-stress beams for county and city bridges Pammr~ip ~.~ DM.d~: