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1b. Construction agreement for Hwy 5 Frontage Road at Lone Cedar lane Ik CITYOF .......... I - .iiii CHANHASSEN . 1 ,,, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 Act.01 by Gky Acs, :, F;, MEMORANDUM ` --° ------- I TO: Charles Folch, City Engineer ikti.-_____ I FROM: Dave Hempel, Sr. Engineering Technician eir,,,./ _ ,d DATE: September 17, 1991 9- 3- t i ISUBJ: Approve Cooperative Construction Agreement with MnDOT for Trunk Highway 5 Frontage Road Improvements at Lone Cedar Lane ' IProject No. 90-9 I The attached cooperative construction agreement has been prepared by the Minnesota Department of Transportation (MnDOT) to address specific responsibilities with regards to construction, maintenance and cost sharing. As contained herein, MnDOT will reimburse the I City 100% for the cost of the right turn lane and frontage road construction and 77.1% of the storm sewer construction to be performed along and adjacent to Trunk Highway 5. The City will be I responsible for 22.9% of the storm sewer construction. The storm sewer costs are split proportionally between MnDOT's runoff and runoff reaching the system from areas outside MnDOT right of way. I The cost-sharing percentage is consistent with previous cooperative construction projects. A portion of the City's share will be assessed back to the abutting property owners. ' Staff has reviewed the attached document and recommends approval of Cooperative Construction Agreement No. 68811 for the construction of a right turn lane, frontage road and storm sewer along and IIadjacent to Trunk Highway 5 at Lone Cedar Lane. ktm/jms 1 Attachment: 1. Cooperative Construction Agreement No. 68811. 2. Sample Resolution IIc: Scott Harri, Van Doren Hazard Stallings I I n t« PRINTED ON RECYCLED PAPER I I ', I PRE-LETTING STATE OF MINNESOTA AGREEMENT NO. SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION 68811 ' AGREEMENT I S.P. 1002-59 (T.H. 5=121) State Funds IAgreement between ORIGINAL AMOUNT ENCUMBERED The State of Minnesota Department of Transportation, and $83,727.21 The City of Chanhassen Re: State cost turn lane, frontage road and storm sewer construction AMOUNT RECEIVABLE I by the City on T.H. 5 at Lone Cedar Lane (None) I I ITHIS 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". I 1 ATTACHMENT NO. 1 68811 WITNESSETH: WHEREAS the City is about to perform turn lane, frontage road and storm sewer construction and other associated construction along and adjacent to Trunk Highway No. 5 from Engineer Station 805+50 (the intersection with Lone Cedar Lane) to Engineer Station 812+00 (650 feet east of the intersection with Lone Cedar Lane) within the ' corporate City limits in accordance with City-prepared plans, specifications and/or special provisions designated by the City as City Project No. 90-9 and by the State as State Project No. 1002-59 (T.H. 5=121) ; and ' WHEREAS due to the construction of a right turn lane on Trunk Highway No. 5, it is necessary to perform frontage road construction; and I WHEREAS the storm sewer system to be constructed collects and conveys I storm water drainage from both trunk highway right-of-way and adjacent City property; and . 1 WHEREAS the City has requested participation by the State in the costs of the turn lane, frontage road and storm sewer construction; 1 and WHEREAS the State is willing to participate in the costs of the turn lane, frontage road and storm sewer construction as hereinafter set forth; and , 2 1 1 68811 11 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 11 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 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. 90-9 and by the State as State Project No. 1002-59 (T.H. 5=121) . 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 11 St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. I 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 3 1 68811 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. I Section C. Cancellation of Agreement 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 I accomplished by either party serving a written notice thereof upon the other. 1 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 I agreement shall be open to inspection by the State's District Engineer or his authorized representatives. The City shall give the District Engineer five days notice of its intention to start the I contract construction. 1 The 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 I with Specifications No. 1601 through and including No. 1609 as set 1 4 1 68811 forth in the State's current "Standard Specifications for 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's District Engineer for unavoidable delays encountered in the performance thereof. Section F. 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 ' 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 11 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. 1 5 1 I 68811 Section Q. 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 I Federal, State and Local laws, including Minnesota Statute section 16B.101, and all applicable ordinances and regulations. Section H. Right-of-Way, Easements and Permits The City shall, without cost or expense to the State, obtain all i rights-of-way, easements, construction permits and/or any other permits and sanctions that may be required in connection with the 11 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. , ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" is attached hereto and made a part hereof by reference. The Preliminary SCHEDULE "I" includes all anticipated I State cost participation construction items and the construction engineering cost share covered under this agreement. I Section B. State Cost Participation Construction The State shall, at the percentage indicated, participate in the ' following construction, to be performed upon, along and adjacent to Trunk Highway No. 5 from Engineer Station 805+50 (the intersection , 6 1 II 68811 with Lone Cedar Lane) to Engineer Station 812+00 (650 feet east of the intersection with Lone Cedar Lane) within the corporate City limits under State Project No. 1002-59 (T.H. 5=121) . The construction includes the State's proportionate share of item costs for mobilization and traffic control. 100 Percent All of the turn lane and frontage road construction to be performed along and adjacent to Trunk Highway No. 5, which is tabulated in the plan as "100% MNDOT", and is tabulated on Sheet No. 2 of the attached SCHEDULE "I" . 77. 1 Percent n The storm sewer construction to be performed along and adjacent to Trunk Highway No. 5 which is tabulated in the plan as "77.1% MNDOT 22 .9% CITY", and is tabulated on Sheet No. 3 of the attached SCHEDULE ISection 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, Change 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 7 t I 68811 complete the State cost participation construction covered under this agreement and which have been approved in writing by the State's j District Engineer. I Section E. Settlements of Claims The State shall pay to the City its share of the cost of any I 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. 1 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 $7,500.00 contingency amount is the sum of $83,727.21 as shown , in the attached Preliminary SCHEDULE "I". The attached Preliminary SCHEDULE "I" was prepared using estimated unit prices. Upon receipt 1 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 I 8 1 .1 68811 overruns of the plans estimated quantities of State cost P � ' participation construction and/or State-approved additional construction including construction engineering costs. I The State shall advance to the City the State's total estimated cost share, less contingency amount, as shown in the Revised 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 Revised SCHEDULE "I". 2 . Execution of this agreement and the State's transmittal g of same 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. 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 Iall 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 Engineer in writing prior to performance of the additional State cost 9 I 68811 participation construction. Notification shall include an estimate in the amount of additional funds necessary to complete the State I 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 I 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 I construction. Should the City cause the performance of additional contract I construction which would otherwise qualify for State cost participation covered under this agreement, but for which the State I has not previously encumbered funds, that additional contract construction is done at the City's own risk. The City shall notify I 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 I State cost participation construction including construction engineering costs and the reason(s) why the current amount encumbered I 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 I shall be submitted to the Commissioner of Finance for review pursuant to Minnesota Statute section 16A.15, subdivision 3, but no guarantee I 10 I I i 68811 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 1 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 compensation 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 11 and processed, the first $3,000.00 of the claim will not be eligible for payment. I Section B. Records Keeping 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: 11 1. A copy of the Modified SCHEDULE "I" which includes final quantities of State cost participation construction. ' 11 68811 2. Copies of the City contractor's invoice(s) covering all contract construction. , 3. Copies of the endorsed and canceled City warrant(s) or check(s) I paying for all contract construction. 4. Copies of all construction contract change orders and/or I 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 I certification form shall be signed by the City's Engineer in charge of the contract construction attesting to the following: 1 a. The satisfactory performance and completion of all contract construction in accordance with State-approved City plans, 1 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". c. Full payment by the City to its contractor for all contract I construction. 12 I . 68811 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 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 13 I/ 68811 agreement are detailed in the Pa ym ent Processing Package, which the State shall furnish the City. I Pursuant to Minnesota Statute section 15.415, 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. I ARTICLE IV - GENERAL PROVISIONS Section A. Maintenance by the City Upon satisfactory completion of the frontage road construction and , all of the facilities a part thereof to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway, 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 roadway in a safe and usable condition. , Upon satisfactory completion of the storm sewer facilities I 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 shall drain any additional drainage into the storm sewer facilities that was not 14 , I 11 68811 11 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 1 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. I Section B. Release and Conveyance of Roadway The State shall, upon the satisfactory completion of the project ' designated by the City as City Project No. 90-9 and by the State as State Project No. 1002-59 (T.H. 5=121) , serve upon the City a "Notice of Release" placing the frontage road constructed within the corporate City limits under said project under the jurisdiction of ' the City; and subsequent thereto, after all necessary and required ' documents have been prepared and processed, the State shall convey to the City all right, title and interest of the State in said roadway. Upon receipt of said "Notice of Release", the City shall become the road authority responsible for said roadway portion so released. 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 ' 15 I/ 68811 by reason of contract construction, construction engineerin g and/or maintenance covered under this agreement including an action or claim which alleges negligence of the State, its agents, officers and employees. I All employees of the City and all other persons employed by the City in the performance of contract construction, construction engineering i 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 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. Agreement Approval, Before this agreement shall become binding and effective, it shall be I approved by a City Council resolution and receive approval of State and City officers as the law may provide in addition to the 1 Commissioner of Transportation or his authorized representative. 16 68811 11 IN TESTIMONY WHEREOF the parties have executed this agreement by their authorized officers. ' DEPARTMENT OF TRANSPORTATION CITY OF CHANHASSEN Recommended for approval: ' By Mayor B d.ow .9,5/9/ �j Director ' ?re-Letting Services Section Date 1 By By District Engineer City Manager 1 Date 1 By Deputy Division Director Technical Services Division DEPARTMENT OF .ADMINISTRATION II Approved: Approved: By By (Authorized Signature) Deputy Commissioner 1 of Transportation Date 1 Date DEPARTMENT OF FINANCE (Date of Agreement) Approved: OFFICE OF THE ATTORNEY GENERAL II By Approved as to form and execution: (Authorized Signature) II By Date Special Asst. Attorney General 1 17 1 • PRELIMINARY SCHEDULE "I" Agreement No. 68811 City of Chanhassen Preliminary: September 3, 1991 S.P. 1002-59 (T.H. 5=121) State Funds Turn lane, frontage road and storm sewer construction performed under City Contract with located on T.H. 5 at Lone Cedar Lane in the City of Chanhassen STATE COST PARTICIPATION From Sheet No. 2 $60,519.20 From Sheet No. 3 10,061.55 Subtotal $70,580.75 Construction Engineering (8%) 5,646.46 Subtotal $76,227.21 (1) Contingency Amount 7,500.00 Total $83,727.21 (1) For the State's use only as described in the body of the agreement - 1 - O I OM I • OM • 11111 IMO • I N M OM r OM • NM MI r - - MN s MO OM OM r 68811 (P) = Plan Quantity - ITEM NUMBER I S.P. 1002-59 I UNIT I QUANTITY I UNIT PRICE I COST 2021.501 Mobilization Lump Sum .79 3,000.00 2,370.00 2101.511 Clearing and Grubbing Lump Sum 1.00 5,000.00 5, 000. 00 2104.501 Remove Metal Culvert Lin. Ft. 90.00 4. 00 360.00 2104.513 Sawing Bituminous Pavement Lin. Ft;. 730.00 1.25 912.50 2105.501 Common Excavation (P) Cu. Yd. 1,969.00 2.30 4,528.70 , 2105.522 Select Granular Borrow (CV) Cu. Yd. 500.00 4.50 2,250.00 2105.523 Common Borrow (CV) Cu. Yd. 2,756.00 5.00 13,780. 00 2211.501 Agg Base Cl 5 (MOD) 100% Crushed Rock Ton 700.00 9.00 6,300.00 2331.508 Type 41 Wearing Course Mixture Ton 120.00 35.00 4,200. 00 , , 2331.514 Tvpe 31 Base Course Mixture Ton 270.00 40.00 10,800.00 2357.502 Bituminous Material for Tack Coat Gal. 70.00 2.00 140.00 , , 2503 .541 12" RC Pipe Sewer. Des 3006, Cl III Lin. Ft. 10.00 25.00 250.00 , 2506.509 Construct Catch Basins. Design Special Each 1.00 1,000.00 1,000.00 , 2511.501 Random Riprap, Cl III, with Geo Filter Cu. Yd. 6.00 45.00 270.00 , 2531.501 Concrete Curb and Gutter. Design B612 Lin. Ft. 300,00 7.00 2.100.00 2535.501 Bituminous Curb Lin. Ft. 244.00 2.00 488.00 0563.601 Traffic Control Lump Sum .79 3,000.00 2,370.00 0564.601 F & I Traffic Signs and Posts Lump Sum 1.00 300.00 300.00 0564.602 Pavement Message (Right Arrow) Paint Each 2.00 50.00 100.00 , 0564.603 4" Solid Line - White Lin, Ft. 940.00 .75 705.00 , 0573.603 Silt Fence. Type 2 Lin. Ft. 80.00 _ 3.00 240.00 2575.505 Sodding Type Lawn Sc. Yd. 185.00 3.00 555.00 2575.555 Turf Establishment Lump Sum 1.00 1,500.00 1,500.00 Total $60, 519.20 , (1) 100% State - $60, 519.20 , - 2 - 68811 ITEM NUMBER I SWORKIITEM59 I UNIT ( QUANTITY I UNIT PRICE I `�jT 2021.501 ' Mobilization Lump Sum . 17 3.000.00 510.00 2501.515 24" RC Pipe Apron Each 1.00 600. 00 600.00 2503.541 24" RC Pipe Sewer, Design 3006, Class IV Lin. Ft. 258.00 35.00 9,030.00 2506. 508 Construct Manholes, Design A or F , Each 2.00 1,200. 00 2,400.00 0563.601 Traffic Control Lump Sum . 17 3,000.00 510.00 Total $13,050.00 (2) 77, 1% State - $10,061.55 22.9% City -- $ 2,988.45 - 3 - S MI i I OM N MI NM w NM — r OM MI M MN NE MI Oa I 68811 11 CITY OF CHANHASSEN ' RESOLUTION BE IT RESOLVED that the City of Chanhassen enter into Agreement No. 68811 with the State of Minnesota, Department of Transportation for the following purposes, to wit: to provide for payment by the State to the City for the State's share of the costs of turn lane, frontage road and storm sewer construction on Trunk Highway 5 at Lone Cedar Road in accordance with plans, specifications and/or special provisions designated by the City as City Project No. 90-9 and by the State as State Project No. 1002-59 (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 1 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 , 1991, as shown by the minutes of said meeting in my possession. 1 ' City Clerk 1 1 1 ATTACHMENT NO. 2