3k. Approve Cooperative Agreement with MnDOT for Reconstruction of TH 5 and Galpin blvd. Intersection, Project 93-26Ai
CITY OF -
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINWA;Ri�WUistrator
(612) 937 -1900 • FAX (612) 937 -5739 —,1 4
TO: Don Ashworth, City Manager
Endorse �'
Modifie -
R*cte
Die Submitted to Commission
' FROM: Charles Folch, Director of Public Works /City Engineer Dab Submitted to Council
DATE: June 6, 1995
' SUBJ: Approve Cooperative Agreement with MnDOT for the Reconstruction of the Trunk Highway 5
and Galpin Boulevard Intersection - Project No. 93- 26A- 1/S.P.1002 -60 (Trunk Highway 5)
' Attached is the cooperative construction agreement with MnDOT for the reconstruction of the Trunk Highway 5
and Galpin Boulevard intersection (S.P. 1002 -60 - Trunk Highway 5). This reconstruction work is a part of the
' overall Galpin Boulevard (County Road 19) and McGlynn Drive City Improvement Project No. 93 -26A. The
contract for the overall project has previously been awarded to S.M. Hentges & Sons and is now currently under
construction. The costs associated with the Trunk Highway 5 /Galpin Boulevard intersection are being funded by
MnDOT through the Cooperative Agreements Program. Therefore, a cooperative agreement between the City and
' State must be executed.
The cooperative agreement basically describes the scope of the work to be performed, provisions for how the
' contract is to be administrated, and funding schedule. The estimated cost to reconstruct the Trunk Highway 5 /Galpin
Boulevard intersection is $117,817.90. MnDOT is paying for 100% of this cost plus construction engineering (8 %)
estimated at $9,425.43. MnDOT is also encumbering a contingency amount of $10,000 yielding a total funding
amount of $137,243.33. This agreement also contains procedural requirements should costs exceed the allocated
amount.
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As discussed previously during the project plan approval, the signalization work will be let under a separate contract.
In fact, the signal project is scheduled for award consideration at the City Council's June 26, 1995 meeting. It is
anticipated that a separate cooperative agreement with MnDOT regarding cost - sharing for that contract will also need
to be executed.
In any event, 100 %'of the construction cost responsibility with regards to this cooperative agreement rests with
MnDOT. It is therefore recommended that the City Council approve Cooperative Agreement No. 73515 with
MnDOT for the reconstruction of the Trunk Highway, 5 and Galpin Boulevard intersection, Project No. 93 -26A-
1 /S.P. 1002 -60 (Trunk Highway 5).
jms
Attachments: 1. Letter from MnDOT dated May 18, 1995.
2. Cooperative Agreement.
3. Resolution.
c: James Unruh, Barton- Aschmann
Dave Hempel, Assistant City Engineer
Greg Coughlin, MnDOT
g:\eng\chw1es\cc\gaIpin
MEMORANDUM
o �,�N►'t�OT .9
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OF 7 a�'
Minnesota Department of Transportation
Metropolitan Division
Waters Edge Building
1500 West County Road B2
Roseville, Minnesota 55113
582 -1373
May 18, 1995
Mr. Charles Folch, City Engineer
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, MN 55317
Dear Mr. Folch:
Subject: SP 1002 -60
TH 5 at Galpin Blvd.
Cooperative Construction Agreement 73515
N ft _
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Attached are three copies of a proposed agreement between the Minnesota Department of
Transportation and the City of Chanhassen. This agreement provides for payment to the City of the
State's share of construction and construction engineering to be performed along TH 5 within the
corporate City limits.
Kindly review this agreement and arrange to have it presented to the City Council for their approval
and execution, which includes original signatures of the City authorized officers on all three copies
of the agreement. Also required are three copies of a new resolution passed by the City Council
authorizing its officers to sign the agreement in its behalf. A suggested form of such resolution is
enclosed.
To expedite the approval process, the executed agreements and resolution copies should be returned
to me for signature by the Metro Division Engineer, after which all copies will be returned to the
Municipal Agreements Section for further execution on behalf of the State. A copy will be returned
to the City when the agreement is fully executed. Please contact me if you have any questions.
Sincerely,
G /eg 1V. Coughlin
Cooperative Agreement Engineer
Metro Division
enclosures:
cc: Bob Brown
Pat Schrader
James Unruh - Barton Aschman
Project File
An Equal Opportunity Employer
73515
CITY OF CHANHASSEN
RESOLUTION
BE IT RESOLVED that the City of Chanhassen enter into Agreement No. 73515 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
grading and surfacing construction and other associated construction to be performed upon,
along and adjacent to Trunk Highway No. 5 from Engineer Station 888 +30.49 (1,250 feet
west of Galpin Boulevard) to Engineer Station 909 +94.56 (900 feet east of Galpin
Boulevard) within the corporate City limits under State Project No. 1002 -60 (T.H. 5 =121).
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 day of , 1995, as shown by the
minutes of the meeting in my possession.
Assistant City Manager
(Signature)
(Type or print name)
DESIGN STATE OF MINNESOTA
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT
AGREEMENT NO.
73515
S.P. 1002 -60 (T.H. 5 =121)
State Funds
Agreement between
The State of Minnesota
Department of Transportation, and
The City of Chanhassen
Re: State cost grading and surfacing
construction by the City on
T.H. 5 at Galpin Blvd.
ORIGINAL
AMOUNT ENCUMBERED
$137,243.33
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 Chanhassen, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City ".
73515
WITNESSETH:
WHEREAS the City is about to perform grading, surfacing, storm sewer,
water main, sanitary sewer and landscaping construction and other
associated construction upon, along and adjacent to Trunk Highway
No. 5 from Engineer Station 888 +30.49 (1,250 feet west of Galpin
Boulevard) to Engineer Station 909 +94.56 (900 feet east of Galpin
Boulevard) and upon, along and adjacent to Galpin Boulevard and
McGlynn Drive within the corporate City limits in accordance with
City - prepared plans, specifications and /or special provisions
designated as State Project No. 1002 -60 (T.H. 5 =121) and State Aid
Projects No. 10- 619 -03, No. 194 - 020 -04, No. 194 - 115 -01 and
No. 194 - 116 -01; and
WHEREAS the City has requested participation by the State in the
costs of the Trunk Highway No. 5 widening construction; and
WHEREAS the State is willing to participate in the costs of the Trunk
Highway No. 5 widening construction and associated construction
engineering as hereinafter set forth; and
WHEREAS Minnesota Statute Section 161.20, subdivision 2 (1994)
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.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE CITY
Section A. Contract Award and Construction
The City did receive bids and award a construction contract to the
lowest responsible bidder in accordance with State - approved City
plans, specifications and /or special provisions designated as State
Project No. 1002 -60 (T.H. 5 =121) and State Aid Projects
No. 10- 619 -03, No. 194 - 020 -04, No.194- 115 -01 and No. 194 - 116 -01. The
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73515
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 are made
a part hereof by reference with the same force and effect as though
fully set forth herein.
Section B. 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 Metropolitan
Division Engineer at Roseville or his authorized representatives.
The City shall give the State Aid Agreements Engineer 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 C. 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 Division Engineer's
authorized representative, for unavoidable delays encountered in the
performance thereof.
Section D. Additional Construction, Plan Changes, Etc
The 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
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73515
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 Division Engineer's authorized
representative before payment is made by the State therefor.
section E. 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, including Minnesota Statute
Section 16B.101 (1994), and all applicable ordinances and
regulations.
Section F. 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 /or any other
permits and sanctions that may be required in connection with the
contract construction, and shall promptly furnish the State with
certified copies of the documents for those rights -of -way, easements,
construction permits and /or other permits and sanctions required for
trunk highway construction.
The City shall submit to the Minnesota Pollution Control Agency the
plans and specifications for the construction or reconstruction of
its sanitary sewer facilities to be performed under the construction
contract and obtain, pursuant to Minnesota Statute Section 115.07
(1994) or Minnesota Rule 7001.1030, subpart 2C (1993), elrner a
permit or written waiver from that agency for that construction or
4
73515
reconstruction to be performed under the construction contract. The
City is advised that pursuant to Minnesota Rule 7001.1040 (1993), a
written application for the permit or waiver must be submitted to the
Minnesota Pollution Control Agency at least 180 days before the
planned date of the sanitary sewer facility construction or
reconstruction.
ARTICLE II - BASIS OF PAYMENT BY THE STATE
Section A. SCHEDULE "I"
A SCHEDULE "I" is attached hereto and made a part hereof by
reference. The SCHEDULE "I" includes all anticipated State cost
participation construction items and the construction engineering
cost share covered under this agreement.
Section B. State Cost Participation Construction
100 Percent shall be the State's rate of cost participation in all of
the grading and surfacing construction to be performed upon, along
and adjacent to Trunk Highway No. 5 from Engineer Station 888 +30.49
(1,250 feet west of Galpin Boulevard) to Engineer Station 909 +94.56
(900 feet east of Galpin Boulevard) within the corporate City limits
under State Project No. 1002 -60 (T.H. 5 =121), which includes the
State's proportionate share of item costs for mobilization, field
laboratory and traffic control. This construction includes, but is
not limited to, those construction items as described and tabulated
on Sheets No. 2 and No. 3 of the attached SCHEDULE "I ".
Section C. Construction Engineering Costs
The State shall pay a construction 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, Chancre 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
5
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' 73515
agreement and which have been approved in writing by the State
' Division Engineer's authorized representative.
' Section E. Settlements of Claims
The State shall pay to the City its share of the cost of any
' settlements of contract 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 $10,000.00 contingency amount is the sum of $137,243.33 as
shown in the attached SCHEDULE "I ". The attached SCHEDULE " I " was
prepared using contract unit prices. The contingency amount is
provided to cover 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 sum of $127,243.33 as shown
in the attached SCHEDULE " I " 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 attached
' SCHEDULE "I ".
I 2. Execution and approval of this agreement and the State's
transmittal of same to the City.
7
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73515
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 Division
Engineer's authorized representative 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 Division Engineer's authorized representative 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 approves the
additional State cost participation construction, the City's claim
for compensation along with a request for encumbrance of the
necessary additional funds shall be submitted to the Commissioner of
Finance for review pursuant to Minnesota Statute Section 16A.15,
7
' 73515
' subdivision 3 (1994), 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.
Section B. Records Reeving and Invoicing by the City
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 prior to final payment by the State:
' 1. 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.
C �
3. 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.
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:
8
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73515 '
a. Satisfactory performance and completion of all contract
construction in accordance with State - approved City plans, '
specifications and /or special provisions.
b. 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 ".
C. 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 copy of the "as built" plan sent to the State Aid Agreements
Engineer.
8. A formal invoice (original and signed) in the amount due the City
as shown in the Final SCHEDULE "I ".
Section C. Final Payment by 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 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 covered under this
agreement is less than the amount of funds advanced by the State, the
City shall promptly return the balance to the State without interest.
Procedures relevant to preparation of the Final SCHEDULE " I " and
final payment of the State participation cost covered under this
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73515
agreement are detailed in the Payment Processing Package, which the
' State shall furnish the City.
' Pursuant to Minnesota Statute Section 15.415 (1994), the City waives
claim for any amounts less than $2.00 over the amount of State funds
' previously advanced to the City, and the State waives claim for the
return of any amounts less than $2.00 of those funds advanced by the
State.
ARTICLE IV - GENERAL PROVISIONS
Section A. Replacement of Castings
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 by the City
Upon satisfactory completion of the Galpin Boulevard and McGlynn
' Drive construction to be performed within the corporate City limits
under the construction contract, the City shall provide for the
' proper maintenance of the roadways and all of the facilities a part
thereof, without cost or expense to the State. Maintenance shall
' include, but not be limited to, snow and debris removal, resurfacing
and /or seal coating and any other maintenance activities necessary to
perpetuate the roadways in a safe and usable condition.
Upon satisfactory completion of the storm sewer facilities outside of
the Trunk Highway No. 5 right -of -way, 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.
' Upon satisfactory completion of the walkways construction to be
performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of the
' 10
73515
walkways, without cost or expense to the State. Maintenance shall
include, but not be limited to, snow and debris removal and any other
maintenance activities necessary to perpetuate the walkways in a safe
and usable condition.
Upon satisfactory completion of the lighting facilities construction
to be performed within the corporate City limits under the
construction contract, the City shall provide for the proper
maintenance of and keep in repair those facilities, without cost or
expense to the State. The City shall also provide the necessary
electrical energy for their operation, without cost or expense to the
State.
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
Division Hydraulics Unit at Golden Valley and is made a part hereof
by reference with the same force and effect as though fully set forth
herein.
Section D. Examination of Books. Records, Etc.
As provided by Minnesota Statute Section 16B.06, subdivision 4
(1994), 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 State and the City, and either the
legislative auditor or the State auditor as appropriate.
11
' 73515
section E. claims
' 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
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 F. Nondiscrimination
The provisions of Minnesota Statute Section 181.59 (1994) 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 G. Agreement 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.
1
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73515
IN TESTIMONY WHEREOF the parties have executed this agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
CITY OF CHANHASSEN
By�l�f
Director
?Resign Services Section
By
Division Engineer
Approved:
By
State Design Engineer
Date
(Date of Agreement)
By
Date
By
City Manager
Date
DEPARTMENT OF ADMINISTRATION
Approved:
By
Mayor
(Authorized Signature)
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
Date
By
Assistant Attorney General
DEPARTMENT OF FINANCE
Approved:
Date
(Authorized Signature)
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