95-115
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CITY OF SHOREWOOD
RESOLUTION NO. 95--1.12
A RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE
CONSTRUCTION AGREEMENT 73870
WHEREAS, pursuant to a resolution passed by the Council on June 12, 1995, the
City of Shorewood has requested Minnesota Department of Transportation participation in
drainage improvements in the Season's Development within the corporate City limits under
State Project No. 2706-187 (T.H.7=012); and
WHEREAS, the drainage improvements benefit the drainage along and under
Minnesota State Trunk Highway No.7; and
WHEREAS, the Minnesota Department of Transportation has previously
approved plans and specifications for said State project; and
WHEREAS, the Minnesota Department of Transportation has previously agreed to
participate in the funding of said drainage improvements.
NOW THEREFORE, BE IT RESOLVED that the City of Shorewood enter
into Agreement No. 73870 with the State of Minnesota, Department of Transportation, for
the following purposes, to wit:
To provide for a lump sum payment of $39,960.00 by the State to
the City as the State's full and complete share of the costs of the storm sever
construction and other associated construction pelformed upon, along and
adjacent to Trunk Highway No. 7 at Old Market Road within the corporate
City limits under State Project No. 2706-187 (T.H.7=012).
BE IT FURTHER RESOLVED that the proper City officers are hereby
authorized and directed to execute such agreement.
ADOPTED by the City Council of the City of Shorewood this 29th day of
November, 1995.
,,;i // i) , 1\ r . -~:;'_:>
t<""."{~-t\\::"'~ULt__
Robert Bean, Mayor
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DESIGN
SERVICES
SECTION
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COOPERATIVE CONSTRUCTION
AGREEMENT
AGREEMENT NO.
73870
S.P. 2706-187 (T.H. 7=012)
State Funds
Agreement between
The State of Minnesota
Department of Transportation, and
The City of Shorewood
Re: State lump sum payment for storm
sewer construction by the City
on T.H. 7 at Old Market Road.
AMOUNT ENCUMBERED
$39,960.00
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".
73870
. WITNESSETH:
WHEREAS in the fall of 1993 the City awarded a contract for storm
sewer, sanitary sewer and water main construction and other
associated construction upon, along and adjacent to Trunk Highway
No. 7 at Old Market Road within the corporate City limits in
accordance with City-prepared plans, specifications and/or special
provisions designated by the City as City Project No. 93-2 and by the
State as State Project No. 2706-187 (T.H. 7=012); and
WHEREAS the City has requested participation by the State in the
costs of the storm sewer construction; and
WHEREAS, to correct flooding problems in this area, this storm sewer
construction was coordinated with the development of a senior citizen
housing project; and
. WHEREAS the time schedule for the construction of the housing project
did not allow adequate time for the preparation of a cooperative
construction agreement before the start of construction; and
WHEREAS the construction project has now been completed and the
State's cost participation has been determined based on final
construction quantities; and
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WHEREAS Minnesota Statutes Section 16A.1S (1994) provides, in part,
that no payment shall be made and no obligation shall be incurred
against any fund, allotment or appropriation unless the State's
Budget-Section shall first certify that there is a sufficient
unencumbered balance in such fund, allotment or appropriation to meet
same. However, the statute also provides that claims presented
against existing appropriations without prior allotment or
encumbrance, upon investigation, review and approval by ~he State's
Budget Section, may be determined to be valid where the services,
materials and su~plies for which payment is claimed have been
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73870
4It actually rendered or furnished to the State in good faith without
collusion and without intent to defraud. Thereafter, the State's
Budget Section may draw a warrant in paYment of such claims in the
same manner in which other claims properly allotted and encumbered
prior to inception thereof, are paid; and
WHEREAS it is the opinion of the State that the storm sewer
construction performed by the City is reasonable, valid and
justified, and was performed in good faith without collusion and
without intent to defraud; and
WHEREAS the State is willing to participate in the costs of the storm
sewer construction and associated construction engineering in an
amount equal to $39,960.00 as hereinafter set forth; and
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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
The City did receive bids and award a construction contract to the
lowest responsible bidder in accordance with City plans,
specifications and/or special provisions designated by the City as
City Project No. 93-2 and by the State as State Project No. 2706-187
(T.H. 7=012). Execution of this agreement shall constitute
concurrence by the State in that award.
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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 storm sewer construction and associated
construction engineering that was performed upon, along and adjacent
to Trunk Highway No. 7 at Old Market Road within the corporate City
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73870
~ limits under State Project .No. 2706-187 (T.H. 7=012), a lump sum in
the amount of $39,960.00.
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. Execution and approval of this agreement and the State's
transmittal of same to the City.
C. Receipt by the State of a written request from the City for the
advancement of funds.
ARTICLE III - CITY'S CERTIFICATION OF CONSTRUCTION PERFORMED
The City does hereby certify and attest to the following:
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A. Satisfactory performance and completion of all contract
construction in accordance with 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.
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ARTICLE IV - GENERAL PROVISIONS
Section A. Maintenance bv the City
Upon full and complete execution of this agreement, the City shall
provide for the proper maintenance of all of the storm sewer
facilities constructed within the corporate City limits under the
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73870
~ construction contract which are outside of State-owned right-of-way,
without cost or expense to the State.
Upon full and complete execution of this agreement, the City shall
provide for the proper maintenance of all of the City-owned
facilities constructed within the corporate City limits under the
construction contract, without cost or expense to the State.
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Section B. Additional Drainaqe
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 stor~ 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 Hydrauiics 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. 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.
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Section D. 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
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73870
~ 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 E. 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 F. Aqreement 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 Patricia Schrader, Municipal/Utility Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, Minnesota 55155,
(612) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this agreement is Paul Hornby, Project Engineer, or his successor.
His current address and phone number are Orr-Schelen-Mayeron and
Associates, Incorporated, 300 Park Place Center, 5775 Wayzata
Boulevard, Minneapolis, Minnesota 55416, (612) 595-5696.
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73870
~N TESTIMONY WHEREOF the parties have executed this agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION
CITY OF SHOREWOOD
Recommended for approval:
By i~~ 1:re~
.J Des~gn Serv~ces Sect~on
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By <<-.....;-(,LC~\-'i'\.L0-\,'-
Mayor
Date ,AJOJ.p4YVh~ ,;J.9. lorC, S
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By
By
./ /W!v21 t tf.h{/'vVtl\.
t City Manager
Division Engineer
Date
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I~ 0 .h0_;'VJ!., '1 ...C I : 1-1 )
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By
Director, Budget Section
.pproved:
DEPARTMENT OF ADMINISTRATION
Approved:
By
Deputy Commissioner/
Chief Financial Officer
By
(Authorized Signature)
Date
Date
(Date of Agreement)
DEPARTMENT OF FINANCE
OFFICE OF THE ATTORNEY GENERAL
Approved:
Approved as to form and execution:
By
By
(Authorized Signature)
Assistant Attorney General
Date
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