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HomeMy WebLinkAbout9A - Ring Road Cooperative Agts MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: JULY 7,2003 9A SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL OF FOUR RESOLUTIONS: 1)APPROVING THE COOPERATIVE AGREEMENT WITH SCOTT COUNTY RELATING TO CONSTRUCTION OF CSAH 23 AS PART OF THE CSAH 23/FIVE HAWKSITRUNK HIGHWAY 13/RING ROAD, PHASE 3 IMPROVEMENT PROJECT (CITY PROJECT NO. 02-06), 2) APPROVING THE COOPERATIVE AGREEMENT WITH MnDOT (MINNESOTA DEPARTMENT OF TRANSPORTATION) FOR CONSTRUCTION OF THE RING ROAD, PHASE 3 PROJECT, 3) AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE RING ROAD, PHASE 2 AND 3, AND 4) AUTHORIZING WSB & ASSOCIATES TO PROVIDE CONSTRUCTION ENGINEERING SERVICES FOR THE RING ROAD, PHASE 2 AND 3 HISTORY: The proposed Ring Road project includes the construction of a new "backage road" between Franklin Trail and CSAH 23 as shown on the attached drawing. The road was to be constructed in three segments. Franklin trail to Toronto was completed in 2002 together with the Park Nicollet/Crystal Care project. Segment 2 is identified as City Project No. 01-01 which is the central segment of the proposed Ring Road between Toronto and Duluth Avenues and includes a regional storm water pond. The third segment is identified as City Project No. 02-06 and includes the realignment of CSAH 23 (Panama Avenue) at the intersection with TH 13. Phases 2 and 3 will be bid together as one project. The City will receive $387,000 through MnDOT's Cooperative Agreement program for the CSAH 23/Five Hawks/TH 13 intersection. The County and City have been working together to complete this project, which includes a traffic signal at the intersection. Also included with this project are City sanitary sewer and water main improvements. The City Council adopted Resolution 02-22 on February 19th. 2002 approving plans and specifications for the second phase of the Ring Road (City Project No. 01-01) and Resolution 03-84 on May 19th, 2003, approving plans and specifications for the third phase of the Ring Road (City Project No. 02-06) which includes the CSAH 23/Five Hawks/TH 13 intersection. The purpose of this agenda item is to consider four resolutions that must be approved in order to proceed with the Ring Road project. The first resolution is to approve the Cooperative Agreement with Scott County for cost sharing purposes for the construction of CSAH 23. The second resolution is to approve the Cooperative Agreement with MnDOT for $378,000 of cost participation. The third resolution is to authorize advertisement for bids for the Ring Road, Phases 2 and 3. The fourth resolution is to authorize the Mayor and City Manager to enter into ril16goo~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER the City's Standard Professional Services Contract with WSB & Associates for construction services. CURRENT CIRCUMSTANCES: The Ring Road plan is for construction of a two lane urban roadway with a center turn lane from Toronto Avenue to TH 13. The plan also includes the realignment of CSAH 23 and Five Hawks intersection with TH 13 and traffic signalization. A bituminous overlay will be installed on Five Hawks Avenue from TH 13 to Priorwood Street. The project includes a regional storm water pond, storm sewer, sanitary sewer, watermain, concrete curb and gutter, sidewalk, bituminous surfacing, medians, and appurtenant work. The engineer's estimate for the project construction costs is $2,414,558.00. The City must enter into two Cooperative Agreements for this project to proceed: Cooperative Agreement - Scott County The City and County must enter into a Cooperative Agreement for the construction of CSAH 23 for cost sharing purposes. The City's share of the costs for the CSAH 23 Cooperative Agreement are for storm sewer, curb and gutter, watermain, sanitary sewer, and ponding. Out of an estimated $794,796 for construction of CSAH 23, the County's share is $698,343 and the City's share is $96,453. The County will also participate in the cost of the regional pond in the estimated amount of $19,912 for a total estimated share in the construction cost of $718,255. The Cooperative Agreement also addresses the County's participation in the cost of design and construction engineering which will equal 18% of the County's share of the construction cost or an estimated $129,286. Cooperative Agreement - MnDOT The second Cooperative Agreement is for the MnDOT cost participation in the amount of $378,000. This is a lump sum amount that was approved through MnDOT's Cooperative Agreement program. Advertisement for Bids The advertisement for bids is attached to this report and will be published in the Prior Lake American and Construction Bulletin in accordance with the requirements outlined in Minnesota Statutes Chapter 429 as a portion of this project is proposed to be assessed to the benefiting property owners. The bid opening date is scheduled for August 7,2003 at 11 :00 a.m. at City Hall. Construction Engineering Services The City has been utilizing WSB & Associates, Inc. for the design of the Ring Road Phase 2 and TH 13/CSAH 23/Ring Road Phase 3 projects. Because of their experience and history on this project, staff requested a proposal from them for the construction engineering services necessary for this project, a copy of which is attached as Exhibit "A" to the City's Standard Professional Services Contract. Their total fee for construction staking, construction observation is $366,000. WSB is familiar with both City and state requirements for the project. Staff recommends the hiring of WSB & Associates for this project and entering into the City's Standard Professional Services Agreement with them. ringroadagreements RESOLUTION 03-XX RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR RING ROAD PHASE 2 (CITY PROJECT NO. 01-01) AND K HIGHWAY 13/CSAH 23/RING ROAD PHASE 3 (CITY PROJECT NO. 02-06) FOR THE CITY OF PRIOR LAKE, MINNESOTA MOTION BY: SECOND BY: WHEREAS, pursuant to Resolution 02-22, adopted on February 19, 2002, and Resolution 03-84 adopted on May 19, 2003 the City Council has approved plans and specifications for the Ring Road Phase 2 (City Project No. 01-01) and Trunk Highway 13/CSAH 23/Ring Road Phase 3 (City Project No. 02-06). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that 1. The recitals set forth above are incorporated herein. 2. Such plans and specifications, a copy of which is attached hereto and incorporated herein by this reference, are hereby approved. 3. The City Manager shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids for the making of the improvement pursuant to the attached plans and specifications. The advertisement shall be published not less than 21 days prior to bid opening, shall specify the work to be done, and shall state that the bids will be received by the City Manager until 11 :00 p.m. on Thursday, August 7, 2003, at which time the bids will be publicly opened at City Hall at 16200 Eagle Creek Avenue SE by the City Engineer. No bids will be considered unless sealed and filed with the City Manager and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Prior Lake in the amount of five (5) percent of the amount of such bid. 4. The City reserves the right to reject any and all bids for any reason as determined solely by the City. Passed and adopted this 7th day of July, 2003. YES Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska NO {Seal} City Manager 162~~~~~~~.3~.~<l'iPl~pMi~ta 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ADVERTISEMENT FOR BIDS TH 13/ CSAH 23/RING ROAD S.P. 7001-92/ SAP. 70-623-007/ SAP. 201-020-03/ S.A.P. 201-113-03/ S.A.P. 201-122-01 CITY PROJECT NO. 02-06 FOR THE CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Prior Lake at the office of the City Manager until 11 :00 a.m., August 7, 2003, at the City Hall and will be publicly opened and read at said time and place by two representatives of the City of Prior Lake. Said proposals for the furnishing of all labor and materials for the construction, complete in-place, of the following approximate quantities: 6,608 28,492 37,292 10,693 13,370 28,350 26,985 8,234 10,313 3,091 4,259 1,973 4,932 2,732 242 7,292 2,404 5,732 389 35,623 11,755 21,968 33,635 312 17,530 2,832 12,591 LF SQYD CY CY CY CY CY CY CY SQYD TON TON TON SQFT LI N FT LI N FT LI N FT LI N FT LI N FT SQFT LI N FT LI N FT SQYD POUND SQYD SQYD SQYD Miscellaneous Pipe Removal Bituminous Pavement Removal Common Excavation Subgrade Excavation Muck Excavation Unclassified Excavation Granular Borrow (LV) Common Borrow (LV) Aggregate Base Class 5 (CV) Mill Bituminous Surface Type MV 4 Wearing Course Mixture Type MV 4 Non-wearing Course Mixture Type MV 3 Non-wearing Course Mixture Modular Block Retaining Wall CM Pipe Culvert (15" - 18") RC Pipe Culvert Des 3006 (15" - 42") PVC Sanitary Sewer (4" - 8") Ductile Iron Water Main (6" - 12") Drainage Structure Design 4020 (48" - 84") 4" Concrete Walk Curb & Gutter (B618, B624, D412) 4" Epoxy Pavement Striping Seeding Seed, Mixtures 15B and 50B Sodding Type Lawn Sodding Type Salt Resistant Erosion Control Blanket The bids must be submitted on the Proposal Forms provided in accordance with the Contract Documents, Plans, and Specifications as prepared by WSB & Associates, Inc., 4150 Olson Memorial Highway, Suite 300, Minneapolis, MN 55422, which are on file with the City Manager of Prior Lake and may be seen at the office of the Consulting Engineers or at the office of the City Manager. Copies of Proposal Forms and the Plans and Specifications for use by contractors submitting a bid may be obtained from the Consulting Engineers, WSB & Associates, Inc., 4150 Olson Memorial Highway, Suite 300, Minneapolis, MN 55422, upon deposit of Thirty-Five Dollars ($35) (non-refundable) per set. TH 13/ CSAH 23/ RING ROAD STREET AND UTILITY IMPROVEMENTS CITY OF PRIOR LAKE, MN STATE PROJECT NO. S.P. NO. 7001-92 SAP. NOS. 70-623-007/201-020-03/201-113-03/201-122-01 CITY PROJECT NO. 02-06 WSB PROJECT NO. 1283-03 AFB PAGE 1 Minimum wage rates to be paid by the Contractors have been predetermined and are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. No bids will be considered unless sealed and filed with the City Manager of Prior Lake and accompanied by a cash deposit, cashier's check, or certified check, or bid bond made payable to the City of Prior Lake for five percent (5%) of the amount bid, to be forfeited as liquidated damages in the event that the bid be accepted and the bidder fail to enter promptly into a written contract and furnish the required bond. No bids may be withdrawn for a period of forty-five (45) days from the date of opening of bids. The City of Prior Lake reserves the right to reject any or all bids. DATED: July 7,2003 BY ORDER OF THE CITY COUNCIL sls City Manager Prior Lake, MN PUBLISHED IN THE: Prior Lake American: Construction Bulletin: July 12, 2003 and July 19, 2003 July 11, 2003 and July 18, 2003 TH 13/ CSAH 23/ RING ROAD STREET AND UTILITY IMPROVEMENTS CITY OF PRIOR LAKE, MN STATE PROJECT NO. S.P. NO. 7001-92 S.A.P. NOS. 70-623-007/201-020-03/201-113-03/201-122-01 CITY PROJECT NO. 02-06 WSB PROJECT NO. 1283-03 AFB PAGE 2 RESOLUTION 03-XX RESOLUTION APPROVING THE COOPERATIVE AGREEMENT WITH SCOTT COUNTY TO IMPROVE COUNTY STATE AID HIGHWAY 23 (SAP 70-623-007) FROM 0.126 MILES SOUTH OF TH 13 TO TH 13 MOTION BY: SECOND BY: WHEREAS, The City of Prior Lake and Scott County desire to complete improvements to County State Aid Highway No. 23 from 0.126 miles south of Trunk Highway 13 to Trunk Highway 13; and WHEREAS, Plans and specifications showing proposed alignment, profiles, grades and cross-sections for the construction, reconstruction or improvement of County State Aid Highway No. 23 within the limits of Prior Lake as a State Aid project have been approved by the City; and WHEREAS, Scott County and the City of Prior Lake have prepared a Construction Cooperative Agreement acceptable to both parties. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that 1. The recitals set forth above are incorporated herein. 2. The Construction Cooperative Agreement between the City of Prior Lake and Scott County is hereby approved and the Mayor and City Manager are authorized to execute said agreements. Passed this ih day of July 2003. Hauoen Hauaen BlomberQ Blombera LeMair LeMair Petersen Petersen Zieska Zieska YES NO { Seal} City Manager 16~H*~OOenGfeBtm~ep2~.oocPrior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 03-XX RESOLUTION AUTHORIZING WSB & ASSOCIATES, INC. TO PROVIDE CONSTRUCTION STAKING SERVICES FOR RING ROAD PHASE 2 (CITY PROJECT NO. 01-01) AND TRUNK HIGHWAY 13/CSAH23/RING ROAD PHASE 3 (CITY PROJECT NO. 02-06) MOTION BY: SECOND BY: WHEREAS, the Council approved Resolutions 02-22 and 03-84, approving plans and specifications for Ring Road Phase 2 (City Project No. 01-01) and Trunk Highway 13/CSAH 23/Ring Road Phase 3 (City Project No. 02-06), and WHEREAS, construction engineering services are required on the project, and WHEREAS, the City cannot cost effectively provide these services at its current staffing level. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, 1. The recitals set forth above are incorporated herein. 2. WSB & Associates, Inc. is hereby authorized to provide Construction Engineering Services for the Ring Road Phase 2 (City Project No. 01-01) and Trunk Highway 13/CSAH 23/Ring Road Phase 3 (City Project 02-06) projects for a fee not to exceed the amount of $366,000. 3. Funding for these engineering services will be drawn from the Construction Fund 4. The Mayor and City Manager are authorized to execute the City's standard contract for professional services on behalf of the City. Passed and adopted this 7th day of July, 2003. YES NO HauQen HauQen BlomberQ BlomberQ LeMair LeMair Petersen Petersen Zieska Zieska Frank Boyles l~ltagle Creek Ave. S.E., Prior Lake, ~~Mag~~~2-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 G:\Resolution\ResoI03\CONSTKwsb. DOC AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 03-XX ~IIVNE LUTION APPROVING THE COOPERATIVE AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE TH 13/CSAH 23/RING ROAD PHASE 3 IMPROVEMENT PROJECT CITY PROJECT NO. 02-06 (SAP 201-020-03 AND 20-113-03) MOTION BY: SECOND BY: WHEREAS, The City of Prior Lake and MnDOT County desire to complete improvements to TH 13/CSAH 23/Ring Road Phase 3; and WHEREAS, Plans and specifications showing proposed alignment, profiles, grades and cross-sections for the construction, reconstruction or improvement of TH 13/CSAH 23/Ring Road Phase 3 within the limits of Prior Lake as a State Aid project have been approved by the City and the Minnesota Department of Transportation; and WHEREAS, The Minnesota Department of Transportation has allocated $378,000 for the construction of the TH 13/CSAH 23/Ring Road Phase 3 project through their Cooperative Agreement Program; and WHEREAS, The Minnesota Department of Transportation and the City of Prior Lake have prepared a Cooperative Agreement acceptable to both parties. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that 1. The recitals set forth above are incorporated herein. 2. The Construction Cooperative Agreement between the City of Prior Lake and Minnesota Department of Transportation is hereby approved and the Mayor and City Manager are authorized to execute said agreements. Passed this ih day of July 2003. Haugen Haugen Blomberg Blombera LeMair LeMair Petersen Petersen Zieska Zieska YES NO { Seal} City Manager 162~~oh\r&~d~&,pa~d&ke, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the 7TH day of Julv, 2003, between the City of Prior Lake, Minnesota (hereinafter "City"). whose business address is 16200 Eagle Creek Avenue S.E., Prior Lake, MN 55372-1714, and WSB & Associates. Inc., a Minnesota corporation (hereinafter "Consultant") whose business address is 4150 Olson Memorial Hiahwav. Suite 300. Minneaoolis. MN 55422. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms Qr corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the provision of engineering professional services by Consultant for construction enaineerina services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A" in connection with the Work. 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: July 8, 2003 through December 31, 2004 3. Compensation for Services. City agrees to pay the Consultant $366.000.00 for the services as described in Paragraph 1 (and Exhibit A). A. Any changes in the scope of the work which may result in the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. 1 G:\PROJECTS\2002\06fivehawks-23-13\STANDARD AGREEMENT PROF SERV WSB.DOC Created on 6/26/20033:11 PM B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may require in the preparation of the report for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for professional services performed under Section 4 of this Agreement. Bills submitted shall be paid inthe same manner as other claims made to the City. A. ProQress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned or suspended in whole or in part by the City, the Consultant shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed for the work of special consultants, as described in Section 38, and for other items when authorized in writing by the City. Such items shall include: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCAD as required to expedite the work. and reproduction of reports. 7. Project Manager and Staffing. The Consultant has designated Blair Fowler and Steve Ische to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace Blair Fowler or Steve Ische, from the Project without the approval of the City. 8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Scott County, Minnesota for professional services of the like kind.. 9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided 2 G:\PROJECTS\2002\06fivehawks-23-13\STANDARD AGREEMENT PROF SERV WSB.DOC Created on 6/26/2003 3:11 PM under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by. the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings. maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from Julv 8. 2003 through, December 31. 2004 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City. the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements. including attorney's fees, incurred in bringing the action. 13. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race. color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will 3 G:\PROJECTS\2002\06fivehawks-23-13\STANDARD AGREEMENT PROF SERV WSB.DOC Created on 6/26/2003 3:11 PM require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. unless otherwise provided herein. 19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liabilitv. During the term of this Agreement. Consultant shall maintain a general liability insurance policy with limits of at least $600,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. 4 G:\PROJECTS\2002\06fivehawks-23-13\STANDARD AGREEMENT PROF SERV WSB.DOC Created on 6/26/20033:11 PM B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $1 ,000,000. 23. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination. excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans. diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Contractor, but any reuse of the Information by the City or the Contractor beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Executed as of the day and year first written above. Reviewed for form: CITY OF PRIOR LAKE City Engineer Mayor City Manager WSB & Associates, Inc. By: Its: 5 G:\PROJECTS\2002\06fivehawks-23-13\STANDARD AGREEMENT PROF SERV WSB.DOC Created on 6/26/2003 3:11 PM &'.A.ssociates, Inc. \; EXHIBIT A May 20, 2003 Mr. Bud Osmundson, P.E. Director of Public Works City of Prior Lake 17073 Adelmann Street Prior Lake, MN 55372 Re: Ring Road Phase II (WSB Project No. 1283-00) Trunk Highway 13/CSAH 23lRing Road Phase III (WSB Project No. 1283-03) Dear Bud, WSB is pleased to submit this proposal to you for providing construction engineering services on the above-referenced project. It is our understanding that the City of Prior Lake will be the lead agency on this joint MnlDOT-Scott County-Prior Lake project. The plans and specifications are under review at Mn/DOT for approval prior to preparing and executing a Cooperative Agreement. It is our understanding that Scott County has approved the plans, and that an agreement with them is nearing completion. The current construction cost estimate is approximately $3,360,000. As requested, WSB & Associates will provide a full range of construction services for this project. The following tasks are proposed: Task 1 - Construction Stakine: WSB will provide a full time survey crew to do all construction staking for this project, including construction limits, grading alignment and grades for all utility and street facilities and appurtenances, signage locations and any other survey needs for this project. Task 2 - Construction Observation WSB will provide one full time construction observation using Mn/DOT certified inspectors. The observer will keep daily records of all activities of the contractor, prepare reports, tabulate quantities and pay estimates, perform field measurements for pay items and record drawings, observe all materials and testing, coordinate survey activities needed and communicate the schedules with all utility companies. At the completion of the project, a punch list will be prepared, final inspection and close out procedures followed. The observer will be required to attend weekly construction meetings. Ifthere is the need for more than one observer, additional ones will be assigned as needed or the City could provide this additional person. WSB will not change or add personnel to the project team without prior City approval. Task 3 - Construction Administration The Project Engineer will be responsible for all construction administration activities. At the beginning of the project, a preconstruction meeting will be conducted. Minneapolis. St. Cloud. Equal Opportunity Employer F:;WP WI.\lI 283-0.iI05JOO.i-bo.doc Mr. Bud Osmundson, P.E. Construction Services Proposal May 20, 2003 Page 2 During the course ofthe project, weekly construction progress meetings will be conducted by the Project Engineer. Periodic visits to the site will be made by the Project Engineer. The Project Engineer will be responsible for preparing all pay estimates, change orders, reviewing shop drawings, materials and suppliers and preparing the final acceptance letter. The Project Engineer will provide coordination to all utility companies, property owners, surveyors and all project personnel. The construction observers and surveyors will report directly to the Project Engineer who will be the overall person in charge of completing the project. Periodic progress reports will be provided to the City staff. Task 4 - Record Drawines Upon completion ofthe project, WSB will prepare the final record drawings based on the field information and provide them to the City. Prior to submitting mylars, a blueline copy of the record drawings will be submitted to the City for review and comment. Estimated Fees We are proposing to utilize our 2003 hourly rates for each employee on the project. Our total estimated not-to-exceed fee to complete the construction services is $366,000. This equates to approximately $10.9% of the estimated construction costs. Attachment No. I summarizes our construction engineering fees. I have also enclosed our standard professional services agreement for your consideration of this proposal. If the above proposal is acceptable to you, please sign all three copies of the agreement and return one copy to me. Thank you. Sincerely, Attachments cc: Jupe Hale, WSB & Associates, Inc. Steve Ische, WSB & Associates, Inc. jh F, \ WP WIM /183.03 \052003.bo.doc Attachment No.1 Construction Services Estimate Fees Construction Staking/Surveying $ 128,000 Construction Observation $ 178,000 Contract Management $ 5Q,000 As- Builts $ 10.000 TOTAL $ 366,000 (Equals approximately 10.9% of the estimated construction costs) F:I WPWIMI283-03\Attachment I.doc From the Desk of Ke4' A1e}er MeRlO To: Sue McDermott From: Kelly Meyer cc: Suesan Lea Pace Date: July 3, 2003 Re: Cooperative Agreements regarding Ring Road Phase 2 and 3 Sue - Following are the comments Suesan Pace has v.nth respect to the Cooperative Agreements v.nth the County and v.nth the State. Would you see that the changes are made (particularly regarding the state agreernenf) before the agreements are executed? Let me know W you have questions. With the County 1. Under #2 - In the future, add at the end of the sentence "pursuant to Minnesota Statutes Section 471.345. With the state 1. Article 1. Section A first sentence - add a reference that the award of the construction contract will be "pursuant to Minnesota Statutes Section 471.345. 2. Article 1. Section C - City doesn't usually wait 30 days to award contract. Keep an eye on this requirements. ~. Article 4. (A) - Does the State have the money to give City? 1. Article 6. Section D - It is NOT ACCEPTABLE that the contract may be terminated "with or without cause". The City could start the project believing State has money and could be left holding the bad. City needs to recognize that it may be on the hook for the bill. THANKS. SAP 70-623-007 City of Prior Lake County of Scott CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2003, by and between the City of Prior Lake, a body politic and corporate under the laws of the State of Minnesota (hereinafter "City") and the County of Scott, a body politic and corporate under the laws of the State of Minnesota (hereinafter "County"). RECITALS WHEREAS, the City and the County desire to cooperate on the improvement of CSAH 23 from 0.126 miles south of TH 13 to TH 13 as shown on the City Engineer's plans for State Aid Project 70-623-007 (hereinafter "Project), attached hereto and incorporated herein as Exhibit A. The Project includes grading, aggregate base, plant mixed bituminous pavement. concrete curb and gutter, storm sewer, sidewalk, landscaping, watermain, sanitary sewer and other related improvements; and WHEREAS, the Project lies within the corporate limits of the City; and WHEREAS, the City Engineer has prepared an engineer's estimate of quantities and unit prices of material and labor, attached hereto and incorporated herein as Exhibit B-Preliminary Schedule I for the Project. The estimate of the total County share of the Project construction costs is Seven hundred eighteen thousand two hundred fifty-five dollars and twenty-four cents ($718,255.24); and WHEREAS, the Project Work will be carried out by the parties hereto under the provisions of M.S. Sec. 162.17, Subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. Recitals: The Recitals set forth above are incorporated herein as if fully set forth. 2. Advertisement and Award of Contract: The City or its agents will advertise for bids for the construction of State Aid Project No. SAP 70-623-007; receive and open bids, and award bids to the lowest responsible and responsive bidder at the unit prices specified in the bid using the City's standardized contract for construction work. 1 SAP 70-623-007 City of Prior Lake County of Scott 3. Contract Administration: The City shall administer the contract and inspect the Project. At the request of the City Engineer, the County Engineer shall cooperate to the extent necessary with the City Engineer and her staff. 4. Cost Participation: The County shall, based on the Cost Participation Policy of Scott County, reimburse the City for the County's share of the construction cost for the Project. The total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary. attached hereto and incorporated herein as Exhibit C. It is further agreed that the Engineer's Estimate set out in Exhibit B-Preliminary Schedule I is an estimate of the construction cost for the Project. For purposes of apportioning cost, the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the City Engineer shall govern in computing the total final contract construction cost. 4.1. Cost Participation in Preliminary Enoineerino: The County will participate in the cost of Preliminary Engineering, which includes all costs associated with planning, design and preparation of plans and specifications, in the amount of Ten percent (10%) of the County's share of the final construction contract amount. 4.2. Cost Participation in Construction Enoineerino: The County will participate in the cost of Construction Engineering, which includes the complete staking, inspection and supervision of the construction, in the amount of Eight percent (8%) of the County's share of the final construction contract amount. 5. County Reimbursement to City: 5.1. Initial Reimbursement: The County shall, based on the contract price, reimburse the City One hundred percent (100%) of the estimated County's share of the construction and engineering costs as a partial payment. The payment shall be made within Thirty (30) days of the award of contract or execution of this Agreement, whichever is later. 2 SAP 70-623-007 City of Prior Lake County of Scott 5.2. Final Reimbursement: Upon completion of the Project and determination of the final construction costs, the City shall submit to the County a final. itemized statement of the County's share of the construction costs for the Project. The County shall remit its share of the final Project costs to the City within Thirty (30) days of approving the itemized statement. 5.3 Supplemental Aoreements, Chanoe Orders, and Overruns: Any changes to the contract that result in a cost increase to the County shall be submitted to the County Engineer for administrative or Board approval. Supplemental Agreements and Change Orders that result in a cost increase to the County shall be submitted to the County Engineer for review and approval, either administratively or by the Board. prior to the Contractor's performance of the work. Overruns of contract items that exceed five percent (5%) of the original contract amount shall likewise be submitted to the County Engineer. 5.4. Overpavment: In the event the initial payment exceeds the County's share of these final costs, such overpayment shall be returned to the County by the City within thirty (30) days of the City's approval of the final costs. 6. Monthlv Proaress Reports: The City Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the County each month. 7. Dispute Resolution: The County and the City agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation. unless the parties mutually agree otherwise, with the cost shared equally. 8. Data Collection. Maintenance and Inspection: All records kept by the City and the County with respect to this Project shall be subject to examination by the representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City or County pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended. and the Minnesota Rules implementing such Act now in force or hereafter adopted. Each party shall maintain records relating to the Project in accordance with their respective data retention policies. 3 SAP 70-623-007 City of Prior Lake County of Scott 9. Permits for Service Cuts: For a period of Five (5) years after completion of the Project, the County reserves the right not to issue any permits for service cuts in the roadway surfacing of the County Highway included in this Project for installation of underground utilities which would be considered as new work. Service cuts shall be allowed for the maintenance and repair of any existing underground utilities. 10. Sionaoe: 10.1. Removal and Installation of City Sions: The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this Project. 10.2. County Installed Sions: Upon completion of this Project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of CSAH 23 constructed under this Project. 10.3. Modifications to Sionaoe: No modification of the above parking restrictions shall be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. 11. Storm Water Manaoement: Upon completion of the Project, the City, at its expense, shall maintain all storm sewer appurtenances, including all storm water quality (NURP) ponds. 12. Reciprocal Indemnification and Hold Harmless for Work Undertaken bv Countv and City: Neither party to this Agreement shall be responsible or liable to the other party or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Each party's obligation to indemnify the other under this clause shall be limited in accordance with the statutory tort liability limitation as set forth in Minnesota Statutes Chapter 466.04 to limit each party's 4 SAP 70-623-007 City of Prior Lake County of Scott total liability for all claims arising from a single occurrence, include the other party's claim for indemnification, to the limits prescribed under 466.04. 13. City and County Employees: 13.1. City Employees: No employee of the City or any other person engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall be considered employees, agents or independent contractors of the County. Any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City. 13.2. Countv Emplovees: No employee of the County or any other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees, agents or independent contractors of the City. Any and all claims that mayor might arise under the Worker's Compensation act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County. 14. Civil RiQhts and Affirmative Action Policies: The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this Agreement as though fully set forth herein. IN TESTIMONY WHEREOF. The parties hereto have caused this Areement to be executed by their respective duly authorized officers as of the day and year first above written. 5 (SEAL) By Jack G. Haugen, Mayor Date APPROVED AS TO EXECUTION By Suesan Lea Pace, City Attorney (ATTEST) By David Unmacht, County Administrator Date APPROVED AS TO EXECUTION: By Pat Ciliberto, County Attorney Date CITY OF PRIOR LAKE And Frank Boyles, City Administrator Date COUNTY OF SCOTT And Jon Ulrich, Chair of Its County Board Date RECOMMENDED FOR APPROVAL: By Bradley Larson, County Highway Engineer Date mh-y:\word\project\623-007\construction cooperative agreement.doc 6 SAP 70-623-007 City of Prior Lake County of Scott - " :; "0 " .<:: " <Zl " '" ~ p::; ~ f- as 5:: x ~ ~ ~ d ; ~ u ~ ; ::g .. ~ o c o .[ o , 9 i d~ . ;;; .. ~ ~ ~lj .; .!l ~ ~ "( .; ... e ~ ~ d Hn ~ n i ~ ~ "J ~ ~ ". ~ ~ a ~ ! ,I ,J..JLw,ILI ,~J" , I I iL : ~I . . l ~ II' ~ ~ ~ "I !I! lI!. i .., a ! 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",0',." ..h..",....I"'.:............_...c,",__,., ""_".. ,,~,_,,:,; ".. ..t"."~"k""I"'..;""J'.""~ ~ j 5 II 1< H ,_c I" :;\H :m ~iH HJ HI HI ill j H .n!!1 II, .1111'.1 rJ~j;i l!~~i! W~.i~li l I 1 U!M$lm!U!.li. .! )1Jf ,j - i J. !i,g\I~"" ::I<~,iSimll~!~~ 11-1"'.01' ,.~'~ .li~~!i'~I!li~W, ",h-~. llil"'l ~~hg~~ _:~~e:~:~~; I r t ~ J PRE-LETTING SERVICES SECTION STATE DEPARTMENT COOPE Mn/DOT AGREEMENT NO. 85042 S.P. 7001-92 (T.H. 13=117) S.A.P. 70-623-007 S.A.P. 201-020-03 S.A.P. 201-113-03 City Proj. 02-06 State Funds The State of Minnesota Department of Transportation, and The City of Prior Lake Re: State lump sum payment for roadway improvement and traffic control signal system construction by the City on T.H. 13 AMOUNT ENCUMBERED $368,500.00 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 Prior Lake, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 WHEREAS, the City is about to perform and traffic control signal system construction upon, along and Ring Road to Duluth Avenu accordance with City-prep provisions designated by 7001-92 (T.H. 13=117), St Project No. 201-020-03, S Project No. 02-06; and 85042 rovement, utility, d other associated ighway No. 13 from City limits in cifications and special the State as State Project No. Project No. 70-623-007, State Aid e Aid Project No. 201-113-03 and City WHEREAS, the City requests and the State agrees to the installation of a Emergency Vehicle Pre-emption system (EVP system) as a part of the new traffic control signal system installation; and WHEREAS, the City has requested participation by the State in the costs of the roadway improvement and traffic control signal system construction, including the EVP system and interconnect construction; and WHEREAS, it is in the public's best interest for the State to provide a new signal cabinet and controller (State-furnished Materials) for said new traffic control signal system and the City is willing to participate in the costs of the State-furnished materials in the lump sum amount of $9,500.00; and WHEREAS, the State is willing to participate in the costs of the roadway improvement and traffic control signal system construction, including a EVP system and interconnect, and associated construction engineering, minus the City cost share for State-furnished Materials, in a lump sum amount equal to $368,500.00 as hereinafter set forth; and 2 85042 WHEREAS, the maintenance and power traffic control signal system, EVP covered the State, the City, and sibilities for the erconnect will be o. 85178M, between WHEREAS, Minnesota Statut 2 authorizes the Commissioner of Trans ion to make arrangements with and cooperate with any govern tal 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 and the State as State Project No. 7001-92 (T.H. 13=117), State Aid Project No. 70-623-007, State Aid Project No. 201-020-03, State Aid Project No. 201-113-03 and City Project No. 02-06. The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions that are on file in the office of the City's Engineer, and are incorporated into this Agreement by reference. 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 3 contract. The City shall not award the c the State advises the City in 85042 tion contract until urrence therein. Section C. Re'ection of The City may reject and t the City to reject any or all bids for the const The party rejecting or requiring the rejection 0 must provide the other party written notice of that rejection requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids pursuant to this section, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. 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". 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 4 construction may be extended, appropriate City official and the authorized representative, performance thereof. 85042 etters between the Engineer's s encountered in the Section F. All changes provisions for the contract construction 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 Per.mits 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. Prior to advance payment by the State, the City shall furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and other permits and sanctions required for the contract construction. Upon the City's receipt of a fully executed copy of this Agreement, the City shall submit to the State's Utility Engineer an original permit application for all City-owned utilities to be constructed 5 hereunder that are upon and within the Applications for permits shall Utility Permit On Trunk High 85042 way right-of-way. orm "Application For orm TP2525) . The City shall submit to Control Agency the plans and specifications or reconstruction of its sanitary sewer facili under the construction contract and obtain, purs to Minnesota Statutes Section 115.07 or Minnesota Rules 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction to be performed under the construction contract. The City is advised that pursuant to Minnesota Rules 7001.1040, 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 - STATE-FURNISHED MATERIALS The State shall provide the City with a new signal cabinet and controller (State-furnished Materials) for the traffic control signal system construction to be preformed by the City in accordance with State-approved City plans, specifications and special provisions designated by the City and by the State as State Project No. 7001-92 (T.H. 13=117), State Aid Project No. 70-623-007, State Aid Project No. 201-020-03, State Aid Project No. 201-113-03 and City Project No. 02-06. The City's cost share for State-furnished Materials is $9,500.00. ARTICLE III - BASIS OF PAYMENT BY THE STATE The State shall participate, as indicated, in the following construction and associated construction engineering to be preformed upon, along and adjacent to Trunk Highway No. 13 from Ring Road to 6 A. A lump sum in the amo participation in the signal system constru interconnect. 85042 der State Project Duluth Avenue within the corporate No. 7001-92 (T.H. 13=117). be the State's and traffic control EVP system and B. A lump sum in the amount of $28,000.00 shall be the State's participation for all associated construction engineering. C. A reimbursement from the City in the amount of ($9,500.00) to be deducted from the lump sum payment for the City's share of State-furnished materials. ARTICLE IV - PAYMENT BY THE STATE The State shall advance to the City, as the State's full and complete share of the costs of the roadway improvement and traffic control signal system construction, including the EVP system and interconnect, and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 13 from Ring Road to Duluth Avenue within the corporate City limits under State Project No. 7001-92 (T.H. 13=117), a lump sum in the amount of $368,500.00. 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. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for the 7 contract construction, and the approv the State's Land Management Direc 85042 documentation by aul. C. Execution and approva the State's transmittal of it to and approval of this Agreement does not co the State in the award of the construc advising the City of the State's concurren 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. ARTICLE V - 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. 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: 8 1. Satisfactory construction in accordance specifications and s 85042 contract roved City plans, 2. Acceptance and ap contract construc materials to the Construction". the to compliance of those current "Standard Specifications for 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. F. A copy of the "as built" plan sent to the State's District Engineer. ARTICLE VI - 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 improvement 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 includes, but is not limited to, snow, ice and debris removal, resurfacing and seal 9 coating and any other maintenance the roadways in a safe and usable 85042 ssary to perpetuate Upon satisfactory complet' construction to be perfor City limits under the construction contract for the proper routine maintenance of th cost or expense to the State. Routine maint nce includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. Upon satisfactory completion of the City-owned utilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those utilities, 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 routine maintenance of the walkways, without cost or expense to the State. Routine maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, and any other maintenance activities necessary to perpetuate the walkways in a safe and usable condition. Upon satisfactory completion of the retaining wall 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 the walls, without cost or expense to the State. Maintenance and repair includes, but is not limited to, graffiti 10 constructed under this co 85042 removal and structural repair, and any necessary to perpetuate the walls in acceptable condition. activities Ie and aesthetically The maintenance provision No. 85178M between the St to the traffic control si and Scott County shall apply and interconnect 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 incorporated into this Agreement by reference. Section D. Ter.mination of Agreement Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to 11 allow for the payment of the services Termination must be by written or is not obligated to effective date of termina entitled to payment for s Agreement prior to the ef the funds are available. 85042 er this Agreement. he City. The State fter notice and is ctorily performed under this of termination, to the extent 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. 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. 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. 12 Section H. Agreement Approval Before this Agreement shall become approved by a City Council and City officers as the Commissioner of Transport 85042 fective, it shall be e approval of State ARTICLE VII - AUTHORIZED The State's Authorized Ag 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 Bud Osmundson, Public Works Director or his successor. His current address and phone number are City of Prior Lake Maintenance Center, 17073 Adelmann Street S.E., Prior Lake, MN 55372-1714, (952) 447-9890. 13 IN TESTIMONY WHEREOF authorized officers. 85042 his Agreement by their STATE ENCUMBRANCE VERIFIC Individual certifies that funds have as required by Minn. Stat. !l!!i 16A.15 a RTMENT OF TRANSPORTATION By By District Engineer Approved: Date By State Design Engineer MAPS Encumbrance No. Date CITY OF PRIOR LAKE By COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division Mayor By Date Date By Title OFFICE OF THE ATTORNEY GENERAL Approved as to form and execution: Date By Date 14