5.1. SR 10-30-1995CONSCLTING ENGINEERS
**ITEM 5.1.~*
October 17, 1995
1326 Energy Park Drive File: 230-223-30
St. Paul, MN 55108
612-644-4389
1-800.888-2923 Mr. Pat Klaers
Fax: 612-644-9446 City Administrator
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
RE: COOPERATIVE CONSTRUCTION AGREEMENT NO. 73963
JOPLIN AVENUE
Dear Mr. Klaers:
CIVIL ENGINEERING:
ENVIRONMENTAL As you are aware, MriDOT has agreed to pay for a portion of Joplin Avenue between
MUNICIPAL TH 10 and Business Center Drive through the Cooperative Agreement process.
~LANNING Because this was already under contract to Barbarossa and Sons, MriDOT agreed
soLlDwnsrE through negotiations to pay a lump sum amount of $32,417.59 for this segment of
STRUCTURAL roadway. Attached are two resolutions and two agreements to complete this process.
suevEYING The resolutions need to be adopted by the City Council and the agreements need to be
TRAEFic executed by the Mayor and yourself. Once this is accomplished, simply invoicing
TRANSPORTATION MnDOT for the amount owed will trigger payment from them.
ELECTRICAL~MECHANICAI If you have any questions regarding this, please call.
ENGINEERING:
Hvac Sincerely,
POWER DISTRIBUTION
scADA MSA, CONSULTING ENGINEERS
SYSTEM CONTROLS
~~~~i~~
Terry .Maurer, P.E.
TJM:tw
Attachments
OFFICES IN:
MINNEAPOLIS
PRIOR LAKE
ST. PAUL
WASECA
223-1709.oct
An Equal Opportunity Employer
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DESIGN STATE OF MINNESOTA AGREEMENT NO.
-SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION 73963
AGREEMENT
S.P. 7102-87 (T.H. 10=003)
State Funds
Agreement between
The State of Minnesota
Department of Transportation, and
The City of Elk River
Re: State lump sum payment for
roadway construction by the City
on Joplin St. at T.H. 10
AMOUNT ENCUMBERED
532,417.59
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 Elk River, Minnesota, acting by and
through its City Council, hereinafter referred to as .the "City".
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• WITNESSETH:
73963
WHEREAS the City is performing sanitary sewer, water main and roadway
construction within the corporate City limits in accordance with
City-prepared plans, specifications and/or special provisions
designated by the City as Western Area Phase II Sanitary Sewer,
Watermain and Street Improvements; and
WHEREAS the State requested that the City add to its construction
contract the reconstruction of Joplin Street between Trunk Highway
No. 10 and Business Center Drive, which construction has been
designated by the State as State Project No. 7102-87 (T.H. 10=003),.
in anticipation of the signalization of the Joplin Street and Trunk
Highway No. 10 intersection in 1996; and
WHEREAS the City has written Change Order No. 4 to add the Joplin
Street construction to its construction contract and has requested
participation by the State in the costs of the Joplin Street
construction; and
WHEREAS the State is willing to participate in the costs of the
Joplin Street construction and associated construction engineering in
an amount equal to $32,417.59 as hereinafter set forth; and
WHEREAS Minnesota Statutes 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
i lowest responsible bidder in accordance with City plans,
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73963
specifications and/or special provisions designated by the City as
Western Area Phase II Sanitary Sewer, Watermain and Street
Improvements. Execution of this agreement shall constitute
concurrence by the State in that award. The contract construction
shall be performed in accordance with 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. Direct_on~__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 Brainerd or his authorized
representatives.
Responsibility for
construction .shall
carried out in aca
including No. 1609
Specifications for
the control of materials for the contract
be on the City and its contractor and shall be
~rdance with Specifications No. 1601 through and
as set forth in the State's current "Standard
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 District Engineer's
authorized representative, for unavoidable delays encountered in the
performance thereof.
Section D. Plan Changes, Etc.
All changes in the plans, specifications and/or special provisions
for the Joplin Street construction and all addenda, change orders
• and/or supplemental agreements entered into by the City and its
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73963
• contractor for the Joplin Street construction must be approved in
writing by the State District Engineer's authorized representative.
Section E. Comvliance 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 Statutes.
Section 16B.101 (1994), and all applicable ordinances and
regulations.
Section F. Right-of-Wav, 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.
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 Joplin Street construction and associated
construction engineering to be performed between Trunk Highway No. 10
and Business Center Drive within the corporate City limits under
State Project No. 7102-87 (T.H. 10=003), a lump sum in the amount of
$32,417.59.
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.
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73963
• 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 - 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 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.
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C. Copies of all construction contract change orders and/or
supplemental agreements for the Joplin Street construction.
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 City plans, specifications
and/or special provisions.
2. Acceptance and approval of all materials furnished for the
Joplin Street construction relative to compliance of those
materials to the State's current "Standard Specifications for
Construction".
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73963
• 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 Joplin Street construction.
F. A copy of the "as built" plan for the Joplin Street construction
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/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 Joplin Street construction to be
performed. within the. corporate City limits under the construction
contract, the City shall provide for the proper maintenance of the
roadway 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/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 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
i contract, the City shall provide for the proper maintenance of the
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73963
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.
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 Brainerd 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 Statutes 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.
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
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73963
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 Statutes Section 181.59 (1994) 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 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.
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 Susan Fussell of Maier Stewart and Associates, or
her successor. Her current address and phone number are 1326 Energy
Park Drive, St. Paul, Minnesota 55108, (612) 644-4389.
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73963
.:N TESTIMONY WHEREOF the parties have executed this agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By 7v~l~~C~ ~C , 9 /S 95
~`)S Director
Design Services Section
By
District Engineer
Approved:
By
• State Design Engineer
Date
(Date of Agreement)
CITY OF ELR RIVER
By
Mayor
Date
By
City Administrator
Date
DEPARTMENT OF ADMINISTRATION
Approved:
By
(Authorized Signature)
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Assistant Attorney General
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Date
DEPARTMENT OF FINANCE
Approved:
By
(Authorized Signature)
Date
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73963
• CITY OF ELK RIVER
RESOLUTION
BE IT RESOLVED that the City of Elk River enter into Agreement No. 73963 with the State
of Minnesota, Department of Transportation for the following purposes, to-wit:
to provide for a lump sum payment of $32,417.59 by the State to the City as the State's full
and complete share of the cost of the Joplin Street construction and associated construction
engineering to be performed between Trunk Highway No. 10 and Business Center Drive
within the corporate City limits in accordance with Change Order No. 4 to plans,
specifications and/or special provisions designated by the City as Western Area Phase II
Sanitary Sewer, Watermain and Street Improvements, which Joplin Street construction is
designated by the State as State Project No. 7102-87 (T.H. 10=003).
BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and
directed to execute such agreement.
CERTIFICATION
State of Minnesota
County of Sherburne
City of Elk River
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 Elk River at a duly authorized
meeting thereof held on the day of , 1995, as shown by the
minutes of said meeting in my possession.
City Clerk
(Signature)
(Type or print name)
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73963
• CITY OF ELK .RIVER
RESOLUTION
BE IT RESOLVED that the Ciry of Elk River enter into Agreement No. 73963 with the State
of Minnesota, Department of Transportation for the following purposes, to-wit:
to provide for a lump sum payment of $32,417.59 by the State to the City as the State's full
and complete share of the cost of the Joplin Street construction and associated construction
engineering to be performed between Trunk Highway No. 10 and Business Center Drive
within the corporate Ciry limits in accordance with Change Order No. 4 to plans,
specifications and/or special provisions designated by the Ciry as Western Area Phase II
Sanitary Sewer, Watermain and Street Improvements, which Joplin Street construction is
designated by the State as State Project No. 7102-87 (T.H. 10=003).
BE IT FURTHER RESOLVED that the proper City Officers are hereby authorized and
directed to execute such agreement.
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CERTIFICATION
State of Minnesota
County of Sherburne
City of Elk River
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 Elk River at a duly authorized
meeting thereof held on the day of , 1995, as shown by the
minutes of said meeting in my possession.
City Clerk
(Signature)
(Type or print name)
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