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02-058CITY OF SHOREWOOD RESOLUTION NO. 02 - 058 • A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO A COOPERATIVE AGREEMENT, CITY PROJECT 00-04 S.P. 2706-204 FREEMAN PARK DRIVEWAY CLOSURE, PARKING LOT IMPROVEMENTS AND APPURTENANT WORK • WHEREAS, on June 10, 2002 the City Council of the City of Shorewood adopted Resolution 02-053 which approved Plans, Specifications, and Estimates, and Authorized Advertisement for bids for Freeman Park Driveway Closure, Parking Lot improvements and appurtenant work, City Project 00-04. WHEREAS, the Minnesota Department of Transportation has prepared a Cooperative Agreement which outlines the responsibilities and financial obligations for the City of Shorewood and the Minnesota Department of Transportation for said Improvement; and WHEREAS, the City Engineer has reviewed said Cooperative Agreement and found it to be in order. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That the Mayor and City Adrmnistrator, on behalf of the City of Shorewood, are hereby authorized to enter into MN/DOT Agreement No. 2706-204, attached hereto as Exhibit A, with the State of Minnesota, Department of Transportation for the following purposes: a. To provide for payment by the State to the City of the State's share Of the costs of the design services, for access closure and parking lot improvements construction to be performed in Freeman Park under State Project No. 2706-204 (Freeman Park). ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day of July, 2002. ATTEST: CRAIG )//U WSM, CITY ADMINISTRATOR • • • PRE -LETTING STATE OF MINNESOTA Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 83226 S.P. 2706-204 (T.H. 7=012) State Funds The State of Minnesota Department of Transportation, and The City of Shorewood Re: State lump sum payment for access modification construction by the City on T.H. 7 AMOUNT ENCUMBERED $75,600.00 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 Shorewood, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 ATTACHMENT 2 83226 WHEREAS the City is about to perform Trunk Highway access • modifications, parking lot, storm sewer and bituminous trail construction and other associated construction upon, along and adjacent to Trunk Highway No. 7 at Freeman Park within the corporate City limits in accordance with City -prepared plans, specifications and special provisions designated by the City as City Project No. 00- 04 and by the State as State Project No. 2706-204 (T.H. 7=012); and WHEREAS the City has requested participation by the State in the costs of the construction of the access closure at the entrance into Freeman Park from T.H. 7 and the access modification of the driveway entrance at that location; and WHEREAS the State is willing to participate in the costs of the construction of the access closure at the entrance into Freeman Park from T.H. 7 and associated construction engineering in an amount equal to $75,600.00 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. 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 special provisions designated by the City as City Project No. 00-04 and by the State as State Project No. 2706-204 (T.H. 7=012). The contract construction shall be performed in accordance with State -approved City plans, specifications and special • 2 83226 • 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. Documents to be Furnished to the State The City shall, within 7 days of opening bids for the construction contract, submit to the State's District 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 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. Either •party serving a written notice thereof upon the other shall accomplish withdrawal from or cancellation of the Agreement. • 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 contract construction shall be open to inspection by the State's District Engineer at Roseville or his authorized representatives. The City shall give the District Engineer five days notice of its intention to start the contract construction. Responsibility for the control of materials for the contract construction 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". 3 83226 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 District Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. Section F. Plan Changes, Etc. All changes in the plans, specifications and special provisions for the contract construction and all addenda, change orders and supplemental agreements entered into by the City and its contractor for contract construction must be approved in writing by the State District Engineer's authorized representative. Section G. 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. Section H. 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 any other permits and sanctions that may be required in connection with the contract construction. The City shall, cause the permanent closure of the access from T.H. 7 to Freeman Park. The existing shared access shall be modified to accommodate only the existing private residential driveway. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights -of -way • 4 83226 • and easements, and certified copies of those construction permits and other permits and sanctions required for the contract construction. ARTICLE II - PAYMENT BY THE STATE The State shall advance to the City, as the State's full and complete share of the costs of the access modification, parking lot, storm sewer and bituminous trail construction and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 7 at Freeman Park within the corporate City limits under State Project No. 2706-204 (T.H. 7=012), a lump sum in the amount of $75,600.00 or the total cost of the contract construction as shown in the awarded contract bid document, whichever amount is smaller. The State shall advance to the City the lump sum amount after the following conditions have been met: • A. Encumbrance by the State of the State's full and complete lump sum cost share. B. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for the contract construction, 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 of it to the City. If execution and approval of this Agreement does not constitute concurrence by the State in the award of the construction contract, a letter advising the City of the State's concurrence in the award of the construction contract shall accompany the City's copy of this Agreement. 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. 5 83226 • ARTICLE III - 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. Copies of the endorsed and canceled City warrants) 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. C. Copies of all construction contract 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, specifications and special provisions. 2. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction". 3. Full payment by the City to its contractor for all contract construction. E. Copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials • furnished for the contract construction. 2 • 83226 F. A copy of the "as built" plan sent to the State's District Engineer. ARTICLE IV - GENERAL PROVISIONS Section A. Replacement of Castings The City shall furnish its contractor with new castings and 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 roadway, parking lot and bituminous trail construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway, parking lot and bituminous trail and all of the facilities a part thereof, without cost or • expense to the State. Maintenance shall include, but not be limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities necessary to perpetuate the roadway, parking lot and bituminous trail in a safe and usable condition. Upon satisfactory completion of the storm sewer 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 walkways, without cost or expense to the State. Maintenance shall include, but not be limited to, snow, ice and debris removal and any other maintenance activities necessary to perpetuate the walkways in • a safe and usable condition. 7 83226* • 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 District Hydraulics Engineer at Roseville and is made a part hereof by reference with the same force and effect as though fully set forth herein. Section D. Future Responsibilities Upon satisfactory completion of the Parking lot, roadway, bituminous • trail, storm sewer and walkway construction to be performed within the corporate City limits under the construction contract, the City shall thereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and reconstruction of those items and all of the facilities a part thereof constructed hereunder, without cost or expense to the State. Section E. 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. • 8 83226 Section F. 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 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. r� U Section G. Nondiscrimination 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 H. 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. ARTICLE V - 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) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Larry Brown, City Engineer/Public Works Director, or his successor. His current address and phone number are 5755 Country Club -Road,,. -Shorewood, MN 55331, (952) 474-3236. 9 83226 IN TESTIMONY WHEREOF the parties have executed this Agreement by their • authorized officers. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. §5 16A.25 and 16C.05. By Date MAPS Encumbrance No. CITY O"HOREWOQD By ( -y!✓g Vvt7GG1� LOif,,,, Mayor Dat By Tit Date DEPARTMENT OF TRANSPORTATION Recommended for approval: By District Engineer Approved: By State Design Engineer Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date • OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: By . Date 00000000000000000000000000000000000000000000000 This Agreement was acknowledged before me this -74A day of Jk.0, 2002, by Wood tj Love- and ! r io Cgiwg:ozY ��yy ``(N��ame){{�� �,//' `` �// (Name) the Mayor and (,ITl/ /`!C_.6Y1/I'!/S�iGc7�r of the City of Shorewood. (Title) Notary Public�� /G�'jlctt My Commission Expires gill 9A1Z4 1 10 ' JEAN M.PANCHYSITYN V: NOTARYPU8I.IC MINNESOM Mif ...-•:. Pi'. i. Ma a j�iriGiY1�85� nE*h Ja%3,= • WI 111� L