HomeMy WebLinkAbout3D - Project 89-01
CONSENT AGENDA:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
HERITAGE
1891
COMMUNITY
1991
CU7JsrJ.h~
2q!)1
3 (d)
BRUCE LONEY, ASSISTANT CITY ENGINEER
CONSIDER APPROVAL OF COOPERATIVE AGREEMENTS
WITH MNDOT FOR PROJECT #89-01 RESOLUTION
90-37 AND 90-38
AUGUST 6, 1990
The purpose of this Agenda item is to approve
the attached Agreements No. 67239 and No.
67360 with the Minnesota State Department of
Transportation for coo~erative Construction
Agreements on Fish P01nt Road and Trunk
Highway 13 intersection improvements.
On October 3, 1988, the City Council adopted
Resolution 88-52 requestin9 MnDOT
J?articipation in funding for the 1ntersection
1mprovements on Fish Point Road and Trunk
Highway l3. Plans for this project have been
prepared by Toltz, King, Duvall, Anderson &
Associates, Inc. (TKDA) and have been approved
by MnDOT. After plan approval, Cooperative
Agreements between MnDOT and the City as to
the cost participation for the project
construction have been drafted by MnDOT and
enclosed for Council review. In the
Cooperative Agreement process with MnDOT, the
agreements must be approved by city Council
resolution before receiving approval from
the proper MnDOT officials.
Two (2) cooperative Agreements have been
prepared by MnDOT for City Project #89-0l
which is also known as State Project #7001-62
and Municipal State Aid Project #201-105-03.
The different project numbers separate the
im~rovement work on Trunk Highway 13 and Fish
Po~nt Road, respectively.
A~reement No. 67239 between the State and
c~ty is for a new traffic control signal with
street lights and signing on T.H. l3 and Fish
Point Road. A separate agreement is
necessary for this work to cover the cost of
state furnished material and the maintenance
of the future signal. The City and State will
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245
share the construction cost of a new traffic
control signal and state furnished materials
equally and the state will pay six (6) percent
of the construction cost for its share of
Engineering and Inspection costs. other city
responsibilities include providing the
electrical power supply to the service pad or
pole, and provide electrical power for the
operation of the traffic control signal with
street lights. Also upon completion of the
construction work, the City will maintain the
luminaires, relamp the traffic control signal
and street lights, clean and paint the traffic
control si9nal, cabinet, and lumina ire must
arm extens1ons. These responsibilities are
similar to ones currently being done for
traffic control signals on T.H. 13.
The estimated
traffic control
$75,000.00 and
$70,000.00.
construction cost for
signal in the agreement
the actual bid price
the
was
was
Agreement No. 67360 is for the construction
costs for grading, drainage, surfacing, curb
and gutter and concrete walk construction on
the Fish Point Road and T.H. 13 project. This
agreement has ~rovisions with construction by
the City, baS1S of payment by the state,
payment by the state, and general provisions
of the construction work. This agreement
outlines what costs the state will pay for and
how payment will be made. In general, the
state will pay for lOO percent of the
construction costs associated with T.H. 13
from Candy Cove Trail to Green Oaks Trail
excluding storm sewer and within the state's
right-of-way. The storm sewer costs are 49.l%
state - 50.9% City based on a drainage area
split of state and City propertf' The state
also will pay construction eng1neering costs
up to eight (8) ~er cent of the total cost of
the state part1cipation construction. An
additional contingency amount of $30,000.00 is
included to cover cost overuns or approve
Change Orders and/or Supplemental Agreements.
The State cost participation summary for
Agreement No. 67360 is as follows and is based
on the estimated quantities on the plans; and
the engineering estimate versus the actual bid
unit prices.
1.)
2. )
3. )
4. )
100% eligible items
49.1% storm sewer items
Construction Engineering
contingency Amount
$364,629.80
$ 17,176.16
$ 30,544.48
$ 30,000.00
$442,350.44
TOTAL ENCUMBERED AMOUNT
ALTERNATIVES:
uJ?on completion of the project, the Agreement
w111 be revised to reflect the bid unit prices
and final quantities.
Adoption of Resolution 90-37 and Resolution
No. 90-38 is necessary so the proper City
officials can sign Agreements No. 67239 and
No. 67360 and proceed with the construction of
the Fish Point Road/T.H. 13 improvement
project.
Recommendation to approve Resolution 90-37 and
Resolution 90-38 so that the Fish Point Road
and T.H. 13 improvement project can be
approved and cost participation provided by
the State of Minnesota Department of
Transportation.
The alternatives are as follows:
RECOMMENDATION:
1.
2.
3.
Approve Resolution 90-37 and
Table this item for specific
Deny Resolution 90-37 and
specific reasons.
90-38.
reasons.
90-38
for
FINANCIAL IMPACT: The project will be paid through state Funds
and MSA Funds. state Funds, and MSA Funds
will cover 100% of the construction cost. The
state does not pay for engineering design on
the Trunk Hi9hway portion. Those design fees
have been pa1d from the Construction Fund.
ACTION REQUIRED: Make a motion, as part of the Consent Agenda,
to approve Resolution No. 90-37 and No.
90-38.
HERITAGE
1891
COMMUNITY
1991
WJ.50-fl~
2Q91
RESOLUTION 90-37
RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT BETWEEN
MUNICIPALITY AND STATE FOR TRAFFIC CONTROL SIGNAL ON T.H. 13 AT
FISH POINT ROAD
MOTIONED BY
SECONDED BY
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that the city of Prior Lake enter into an
agreement with the State of Minnesota, Department of
Transportation for the following purposes, to wit: Install a
new traffic signal with street lights and signing on Trunk
Highwa~ 13 at Fish Point Road in accordance with the terms and
condit10ns set forth and contained in Agreement No. 67239, a copy
of which was before the council.
BE IT FURTHER BE RESOLVED, that the proper City Officers be and
hereby are authorized to execute such agreement, and thereby
assume for and on behalf of the city all of the contractual
obligations contained therein.
Passed and adopted this th day of
YES
, 1990.
NO
Andren
Fitzgerald
Larson
Scott
White
Andren
Fitzgerald
Larson
Scott
White
David J. Unmacht
City Manager
City of Prior Lake
{Seal}
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
HERITAGE
1891
COMMUNITY
1991
C{gJ.5(JjV
20Jl
RESOLUTION 90-38
RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
BETWEEN MUNICIPALITY AND STATE FOR
CONSTRUCTION OF STATE PROJECT NO. 7001-62
MOTIONED BY
SECONDED BY
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that the City of Prior Lake enter into
Agreement No. 67360 with the State of Minnesota, Department of
Transportation for the following purposes, to wit: To provide
for payment by the state to the City of the state's share of the
grading, storm sewer, bituminous surfacing, curb and gutter and
concrete walk construction by the City on Trunk Highway No. 13
from Candy Cove Trail to Green Oaks Trail within the corporate
City limits under State Project No. 7001-62 (T.H. 13 = 117).
BE IT FURTHER BE RESOLVED, that the proper City Officers are
hereby authorized and directed to execute such agreement.
Passed and adopted this
th day of
, 1990.
YES
NO
Andren
Fitzgerald
Larson
Scott
White
Andren
Fitzgerald
Larson
Scott
White
David J. Unmacht
City Manager
City of Prior Lake
{Seal}
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447.4230 / Fax (612) 447-4245
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 67239
BETWEEN
.
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF PRIOR LAKE
TO
Install a new Traffic Control signal with Street Lights and
signing on Trunk Highway No. 13 at Fish Point Road in Prior Lake,
Scott County, Minnesota.
S.P. 7001-62
S.A.P. 201-105-03
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
AMOUNT ENCUMBERED
City of Prior Lake $7.500.00
$39.750.00
THIS AGREEMENT 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,
hereinafter referred to as the .city., WITNESSETH:
WHEREAS, Minnesota Statute 161.20 authorizes the
commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of
construction, maintaining and improving the Trunk Highway system;
and
WHEREAS, it is justified and considered mutually
desirable to install a new traffic control signal with street
lights and signing on Trunk Highway No. 13 at Fish Point Road;
and
WHEREAS, it is considered in the pUblic's best interest
for the state to provide a new cabinet and control equipment to
operate said new traffic control signal. Such materials as
described immediately above shall hereinafter be referred to as
.State furnished material.; and
WHEREAS, the city and State will participate in the
cost, maintenance and operation of the new traffic control signal
with street lights and signing as hereafter set forth:
67239
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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The City shall prepare the necessary plan,
specifications and proposal and shall perform the engineering and
inspection required to complete the' items of work hereinafter set
forth. Such work as described immediately above shall constitute
MEngineering and InspectionM and shall be so referred to
hereinafter.
2. The contract cost of the work or, if the work is
not contracted, the cost of all labor, materials, and equipment
rental required to complete the work, except the cost of State
furnished materials and the cost of providing the power supply to
the service pole or pad, shall constitute the actual
MConstruction CostM and shall be so referred to hereinafter.
3. The City with its own forces and equipment or by
contract shall install a new traffic control signal with street
lights in accordance with State Project No. 7001-62 and State Aid
Project No. 201-105-03 on Trunk Highway No. 13 at Fish Point
Road. Estimated Construction Cost is $75,000.00. Anticipated
state's share is 50 percent. City's share is 50 percent.
4. The State will furnish to the city the State
furnished materials to be installed with the city work provided
67239
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for in Paragraph 3. Estimated cost for state furnished materials
is $15,000.00. Anticipated state's share is 50 percent. City's
share is 50 percent.
5. Upon execution of this agreement and a request in
writing by the state, the City shall'advance to the state an
amount equal to its share of the cost. The City's cost shall be
based on the estimated cost for state furnished materials.
6. Upon compilation of the actual cost for state
furnished material, that amount of the funds advanced by the City
in excess of the City's share will be returned to the City
without interest and the City agrees to pay to the state that
amount of its share which is in excess of the amount of the funds
advanced by the City.
7. Upon completion of the work provided for in
Paragraph 3 hereof to the satisfaction of the state's Assistant
District Engineer at Golden Valley, the state shall pay to the
city the state's share of the actual Construction Cost (which
cost excludes the aforementioned state furnished materials) plus
six (6) percent of its share for the cost of Engineering and
Inspection.
67239
- 4 -
8. The amount to be encumbered for payment to the
City from Trunk Highway Funds for the construction work performed
under this Agreement is $39,750.00 which is the state's share of
the Construction and Engineering and Inspection Costs. In the
event that at any time it appears that such reimbursement will
exceed said sum, the City shall promptly notify the state's
Assistant District Engineer at Golden Valley or his duly
authorized representative of the reason for the increase in cost
and the amount of additional funds necessary to complete the
project. If approved by the state's Assistant District Engineer
at Golden Valley or his duly authorized representative,
additional funds shall be encumbered by the state and notice by
the state's Assistant District Engineer at Golden Valley or his
duly authorized representative to the City of that additional
encumbrance will permit the City to complete this project.
9. Payment to the city will be made by the state for
such work which is complete and approved and upon submission by
the city of an invoice in quintuplicate itemizing the actual
Construction Cost and certified by a responsible City official
that said work has been completed under the terms of this
agreement. The invoice and supporting records are subject to
67239
- 5 -
audit by the State'S representative at the direction ot the
state.
10. The City shall submit to the state a certified
copy of the low bid received and an abstract of all bids received
by the city, together with the City's request for concurrence by
the state in the award of a construction contract. Award of the
contract shall not be made until the state advised the city in
writing of its concurrence.
11. The construction work provided for herein shall be
under the direction and supervision of the city. It is agreed,
however, that the state shall have the right to periodically
inspect said cost sharing construction work.
12. The city shall provide an adequate electrical
power supply to the service pad or pole, and upon completion of
said traffic control signal with street lights installation shall
provide necessary electrical power for its operation at the cost
and expense of the city.
13. Upon completion of the work contemplated in
Paragraphs 3 and 4 hereof, it shall be the City's responsibility,
at its cost and expense, to: (1) maintain the luminaires; (2)
relamp the traffic control signal and street lights; and (3)
67239
- 6 -
clean and paint the traffic control signal, cabinet and lumina ire
mast arm extensions. It shall be the state's responsibility, at
its cost and expense, to maintain the,signing and to perform all
other traffic control signal and street light maintenance.
14. Any and all persons engaged in the aforesaid work
to be performed by the City shall not be considered employees of
the state and any and all claims that mayor might arise under
the Worker's Compensation Act of this state on behalf of said
employees while so engaged, and any and all claims made by any
third party as a consequence of any act or omission on the part
of said employees while so engaged on any of the work
contemplated herein shall not be the obligation and
responsibility of the state. The City shall not be responsible
under the Worker's Compensation Act for any employees of the
state.
15. Timing of the traffic control signal provided for
herein shall be determined by the state, through its Commissioner
of Transportation, and no changes shall be made therein except
with the approval of the state.
67239
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APPROVED AS TO FORM:
CITY OF PRIOR LAKE
By
Mayor
(City Seal)
City Attorney
By
City Manager
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECOMMENDED FOR APPROVAL:
DEPARTMENT OF TRANSPORTATION
District Engineer
Operations Division
By
Assistant Commissioner
Dated
APPROVED AS TO FORM AND EXECUTION:
DEPARTMENT OF ADMINISTRATION
By
Assistant Attorney
General - state of Minnesota
Dated
67239
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RESOLUTION
BE IT RESOLVED that the City of Prior Lake enter into
an agreement with the state of Minnesota, Department of
Transportation for the following purposes, to wit:
To install a new traffic control signal with street
lights and signing on Trunk Highway No. 13 at Fish
Point Road in accordance with the terms and conditions
set forth and contained in Agreement No. 67239, a copy
of which was before the Council.
BE IT FURTHER RESOLVED that the proper City officers be
and hereby are authorized to execute such agreement, and thereby
assume for and on behalf of the City all of the contractual
obligations contained therein.
CERTIFICATION
State of Minnesota
County of Scott
City of Prior Lake
I hereby certify that the foregoing Resolution is a
true and correct copy of a resolution presented to and adopted by
the Council of the City of Prior Lake at a duly authorized
meeting thereof held on the day of ,
1990, as shown by the minutes of said meeting in my possession.
City Manager
(Seal)
PRE-LETTING
SERVICES
SECTION
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COOPERATIVE CONSTRUCTION
AGREEMENT
AGREEMENT NO,
67360
S.P. 7001-62 (T.H, 13=117)
State Funds
Agreement between
The State of Minnesota
Department of Transportation, and
The City of Prior Lake
Re: State costs grading, drainage,
surfacing, curb and gutter and
concrete walk construction by
the City on T,H. 13 at Fish Point
Road in Prior Lake
ORIGINAL
AMOUNT ENCUMBERED
$442,350.44
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" .
(JKf-
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67360
WITNESSETH:
WHEREAS the City is about to perform grading, drainage,
surfacing, curb and gutter and concrete walk construction and
other associated construction upon, along and adjacent to Trunk
Highway No, 13 from Engineer Station 889+00 to Engineer Station
915+06.86 within the corporate City limits in accordance with
City-prepared plans, specifications and/or special provisions
designated by the State as State Project No. 7001-62 (T,H,
13=117) and Municipal State Aid Project No. 201-105-03; and
WHEREAS the City has requested participation by the State in the
costs of the grading, drainage, surfacing, curb and gutter and
concrete walk construction; and
WHEREAS the State is willing to participate in the costs of the
grading, drainage, surfacing, curb and gutter and concrete walk
construction as hereinafter set forth;' and
WHEREAS Minnesota Statute section 161.20, subdivision 2
authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority
for the purposes of constructing, maintaining and improving the
trunk highway system.
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67360
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE CITY
Section A, Contract Award and Construction
The City shall receive bids and award a construction contract to
the lowest responsible bidder, subject to concurrence by the
State in that award, in accordance with State-approved City
plans, specifications and/or special provisions designated by the
State as State Project No. 7001-62 (T.H. 13=117) and Municipal
State Aid Project No. 201-105-03. The contract construction
shall be performed in accordance with State-approved City plans,
specifications and/or special provisions which are on file in the
office of the City's Engineer and in the office of the
Commissioner of Transportation at St. Paul, Minnesota, and are
made a part hereof by reference with the same force and effect as
though fully set forth herein.
Section B. Documents to be Furnished to the State
The City shall, within 7 days of opening the bids for the
construction contract, promptly submit to the State's District
Engineer at Golden Valley a certified 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-
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67360
contract, The City shall not award the construction contract
until the State advises the City in writing of its concurrence
therein,
Section C. Cancellation of Agreement
Each party to this agreement reserves the right to withdraw from
and cancel this agreement within 30 days after the opening of
bids if either party determines any or all bids to be
unsatisfactory; the withdrawal from or cancellation of the
agreement shall be accomplished by either party serving a written
notice thereof upon the other.
Section D. Direction, Supervision and Inspection of Construction
The contract construction shall be under the direction of the
City and under the supervision of a registered professional
engineer; however, the State cost participation construction
covered under this agreement shall be open to inspection by the
State's District Engineer at St. Paul or his authorized
representatives. In addition, the City shall give the District
Engineer five days notice of its intention to start the contract
construction.
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67360
The responsibility for the control of materials for the State
cost participation construction covered under this agreement
shall be on the City and its contractor and shall be carried out
in accordance 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 construction may be extended by an exchange of
letters between the appropriate City official and the State's
District Engineer for unavoidable delays encountered in the
performance thereof.
Section F, Additional Construction, Plan Changes, Etc.
The State shall not participate in the cost of any contract
construction that is in addition to the State cost participation
construction covered under this agreement unless the necessary
State funds have been encumbered prior to the performance of the
additional contract construction and the terms and conditions in
the following paragraph have been met.
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67360
All changes in the plans, specifications and/or special
provisions for the State cost participation construction covered
under this agreement and all addenda, change orders and/or
supplemental agreements entered into by the City and its
contractor for State cost participation construction covered
under this agreement must be approved in writing by the State's
District Engineer before payment is made by the State therefor,
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, including Minnesota Statute
section 16B,lOl, and all applicable ordinances and regulations,
Section H. Right-of-Way, Easements and Permits
The City shall, without cost or expense to the State, obtain all
rights-of-way, easements, construction permits and/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.
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67360
The City shall, within 90 days after the satisfactory completion
of the City-owned utilities contract construction, submit to the
Director of the State's Pre-Letting Services Section five copies
of a permit application, including "as built" sketches, for all
City-owned utilities constructed upon and within the trunk
highway right-of-way. Applications for permits shall be made on
State form "Application For Utility Permit On Trunk Highway
Right-Of-Way" (Form TP2525),
The City shall submit to the Minnesota Pollution Control Agency
the plans and specifications for the construction or
reconstruction of its sanitary sewer facilities to be performed
under the construction contract and obtain, pursuant to Minnesota
Statute section 115,07 or Minnesota Rule 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 Rule 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,
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67360
ARTICLE II - BASIS OF PAYMENT BY THE STATE
Section A, SCHEDULE "I" and EXHIBIT "A"
A SCHEDULE "I" and color coded EXHIBIT "A" are attached hereto
and made a part hereof by reference. The SCHEDULE "I" includes
all anticipated State cost participation construction items and
the construction engineering cost share covered under this
agreement. EXHIBIT "A" shows all anticipated State cost
participation construction covered under this agreement,
Section B. State Cost Participation Construction
All of the following construction to be performed upon, along and
adjacent to Trunk Highway No. 13 from Engineer Station 889+00 to
Engineer Station 915+06.86 within the corporate City limits under
State Project No, 7001-62 (T.H. 13=117). Said construction to
include the State's proportionate shar~ of item costs for
mobilization, field office and traffic control.
100 PERCENT
I. All of the clearing, grubbing, miscellaneous removals,
salvage sign, grading, aggregate and bituminous base,
bituminous surfacing, concrete walk and median, concrete
curb and gutter, sign panels, pavement marking and turf
establishment construction for that portion of Trunk Highway
No, 13 as shown in "Blue" color on the attached EXHIBIT "A"
and tabulated on Sheets No, 2 and No, 3 of the attached
SCHEDULE "I".
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67360
2. All of the storm sewer facilities construction as shown
and/or described in RBlueR color on the attached EXHIBIT RAR
and tabulated on Sheets No. 2 and No. 3 of the attached
SCHEDULE RIR.
49.1 PERCENT
All of the storm sewer facilities construction as shown and/or
described in ROrangeR color on the attached EXHIBIT RAR and
tabulated on Sheet No.4 of the attached SCHEDULE RIR.
Section C. Construction Engineering Costs
The State shall pay a construction engineering charge in an
amount equal to 8 percent of the total cost of the State
participation construction covered under this agreement.
Section D, Addendums, Change Orders and Supplemental Agreements
The State shall share in the costs of construction contract
addenda, change orders and/or supplemental agreements which are
necessary to complete the State cost participation construction
covered under this agreement and which have been approved in
writing by the State's District Engineer.
Section E. Settlements of Claims
All settlements of claims made with the City's contractor in
connection with the State cost participation construction covered
under this agreement shall be shared by'the State and the City.
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67360
All liquidated damages assessed the City's contractor in
connection with the construction contract shall result in a
credit shared by the State and the City in the same proportion as
their total construction cost share covered under this agreement
is to the total contract construction cost before any deduction
for liquidated damages.
ARTICLE III - PAYMENT BY THE STATE
Section A. Estimate and Advancement of the State's Cost Share
It is estimated that the State's share of the costs of the
contract construction plus the 8 percent construction engineering
cost share and a $30,000.00 contingency amount is the sum of
$442,350.44 as shown in the attached preliminary SCHEDULE "I".
The attached preliminary SCHEDULE "I" was prepared using
estimated unit prices. Upon receipt and review of the
construction contract bid documents described in Article I,
Section B. of this agreement, the State shall then decide whether
to concur in the City'S award of the construction contract and,
if so, prepare a revised SCHEDULE "I" based on construction
contract unit prices, The contingency amount is provided to cover
overruns of the plans estimated quantities of State cost
participation construction and/or State-approved additional
construction including construction engineering costs.
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67360
The State shall advance to the City the State's total estimated
cost share, less contingency amount, as shown in the revised
SCHEDULE "I" after the following conditions have been met:
I. Encumbrance by the State of the State's total estimated cost
share, including contingency amount, as shown in the revised
SCHEDULE "I".
2. Execution of this agreement and the State's transmittal of
same to the City along with a copy of the revised SCHEDULE
"I" and a letter advising the City of the State's
concurrence in the award of the construction contract.
3, Receipt by the State of a written request from the City for
the advancement of funds. The request shall include
certification by the City that the construction contract has
been executed by all necessary parties.
Whenever it appears the cost of the State participation
construction covered under this agreement is about to exceed the
current amount of encumbered State funds, the City shall notify
the State's District Engineer in writing prior to performance of
the additional State cost participation construction,
Notification shall include an estimate in the amount of
additional funds necessary to complete the State cost
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67360
participation construction including construction engineering
costs and the reason(s) why the current amount encumbered will be
exceeded, The State shall, upon its approval of the additional
State cost participation construction, submit a request for
encumbrance of the necessary additional funds to the Minnesota
Department of Finance. That action will have the effect of
amending this agreement so as to include the State's share of the
costs of the additional construction.
Should the City cause the performance of additional contract
construction which would otherwise qualify for State cost
participation covered under this agreement, but for which the
State has not previously encumbered funds, that additional
contract construction is done at the City's own risk, The City
shall notify the State's District Engineer in writing of the
additional State cost participation construction. Notification
shall include an estimate in the amount of additional funds
necessary to cover the additional State cost participation
construction including construction engineering costs and the
reason(s) why the current amount encumbered was exceeded. If the
State approves the additional State cost participation
construction, the City's claim for compensation along with a
request for encumbrance of the necessary additional funds shall
be submitted to the Commissioner of Finance for review pursuant
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to Minnesota Statute section 16A,lS, subdivision 3, but no
guarantee is made that the claim will be approved by the
Commissioner of Finance. If the Commissioner of Finance
certifies the claim for compensation and the request for
encumbrance of the necessary additional funds therefor, that
action will have the effect of amending this agreement so as to
include the State's share of the costs of the additional
construction.
If the State determines that the submittal of a claim for
compensation is warranted and it is deemed legally necessary to
supplement this agreement, and if the 'claim is approved and a
supplement to this agreement in connection with the claim is
prepared and processed, the first $3,000.00 of the claim will not
be eligible for payment.
Section B, Records Keeping and Invoicing by the City
The City shall keep records and accounts that enable it to
provide the State with the following:
1. Quantities of State cost participation construction
performed which have been paid for by the City, These
quantities are to be entered on the Modified SCHEDULE WI"
form provided by the State.
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67360
2. Copies of the City contractor's invoice(s) covering all
contract construction,
3. Copies of the endorsed and cancelled City warrant(s) or
check(s) paying for all contract construction.
4. Copies of all construction contract change orders and/or
supplemental agreements,
5, Certification form (provided by the State) signed by the
City's Engineer in charge of the contract construction
attesting to the following:
a. The satisfactory performance and completion of all contract
construction, in accordance with State-approved City plans,
specifications and/or special provisions.
b, The acceptance and approval of all materials furnished for
the State cost participation construction covered under this
agreement relative to compliance of those materials to the
State's current "Standard Specifications for Construction".
c. Full payment by the City to its contractor for all contract
construction.
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6. When requested by the State, copies, certified by the City's
Engineer, of material sampling reports and of material
testing results for the materials furnished for the State
cost participation construction covered under this
agreement.
7. A formal invoice (original and signed) in the amount of the
total cost of the State participation construction covered
under this agreement.
As provided by Minnesota Statute section 16B.06, subdivision 4,
the books, records, documents, and accounting procedures and
practices of the City relevant to this agreement are subject to
examination by the contracting department or agency, and either
the legislative auditor or the state auditor as appropriate.
Section C, Final Payment by the State
Final payment by the State to the City, of the total cost of the
State participation construction covered under this agreement
less the amount of funds advanced by the State, shall be made (1)
upon satisfactory completion of all State cost participation
construction covered under this agreement, acceptance thereof by
the State and invoicing the State by the City in accordance with
a written procedure furnished the City by the State and (2) upon
completion of all contract construction. If the total cost of
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67360
the State participation construction covered under this agreement
is less than the amount of funds advanced by the State, the City
shall promptly return the balance to the State without interest.
Pursuant to Minnesota Statute section 15.415, the City waives
claim for any amounts less than $2.00 over the amount of State
funds previously advanced to the City, and the State waives claim
for the return of any amounts less than $2,00 of those funds
advanced by the State.
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 Fish Point Road construction
and all of the facilities a part thereof to be performed within
the corporate City limits under the construction contract, the
City shall provide for the proper maintenance of the roadways,
without cost or expense to the State. Maintenance shall include,
but not be limited to, snow and debris removal, resurfacing
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67360
and/or seal coating and any other maintenance activities
necessary to perpetuate the roadways 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, Furthermore, neither party
to this agreement shall drain any additional drainage into the
storm sewer facilities 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 Golden Valley and is made a part
hereof by reference with the same force and effect as though
fully set forth herein.
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67360
Upon satisfactory completion of the pedestrian walkways
construction to be performed within the corporate City limits
under the construction contract, the City shall provide for the
proper maintenance of the walkways, without cost or expense to
the State, Maintenance shall include, but not be limited to,
snow and debris removal and any other maintenance activities
necessary to perpetuate the walkways in a safe and usable
condition,
Section C. Claims
The City at its own sole cost and expense shall defend,
indemnify, save and hold harmless the State and all of its
agents, officers and employees of and from all claims, demands,
proceedings, actions or causes of action of whatsoever nature or
character arising out of or by reason of contract construction,
construction engineering and/or maintenance covered under this
agreement including an action or claim which alleges negligence
of the State, its agents, officers and employees.
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
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67360
behalf of the employees while so engaged and all claims made by
any third parties as a consequence of any act or omission on the
part of the employees while so engaged on contract construction,
construction engineering and/or maintenance covered under this
agreement shall in no way be the obligation or responsibility of
the State,
Section D. Nondiscrimination
The provisions of Minnesota Statute section 181.59 and of any
applicable ordinance relating to civil rights and discrimination
shall be considered part of this agreement as if fully set forth
herein.
Section E, Agreement Approval
Before this agreement shall become binding and effective, it
shall be 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.
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IN TESTIMONY WHEREOF the parties have executed this agreement by their
authorized officers,
DEPARTMENT OF TRANSPORTATION
CITY OF PRIOR LAKE
Recommended for approval:
By
Mayor
By ~//~
€'/H.. Director
Pre-Letting Services Section
Date
By
By
District Engineer
Manager
Date
By
Deputy Division Director
Technical Services Division
DEPARTMENT OF ADMINISTRATION
Approved:
Approved:
By
Deputy Commissioner
of Transportation
By
(Authorized Signature)
Date
Date
(Date of Agreement)
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Special Assistant Attorney General
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PRELIMINARY SCHEDULE "I"
Aareement No. .
67360
citv of Prior Lake Preliminarv: Julv 5 1990
S.P. 7001-62 (T.H. 13=117\
~t"'~~ Fnntis
Grad; no surfacina and storm sewer construction oerformed under a
citv Contract with
located on T.H. 13 at Fish Point Road in Prior Lake
STATE COST PARTTCIPATTON
From Sheet No. 3 ~364.629.80
Frnm No. 4 17.176.16
Subtotal ~381 805.96
~nnS~ru(!t;on Enaineerina (8%) 30.544.48
Total state ~412 3">0.44
(1\ Cont;noencv Amount 30.000.00
Encumbered Amount ~442.350.44
"
(1) For the State's use only as described in the body of the agreement
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(1) 100% STATE
ITEM I S.P. 7001-62 (T.H. 13=117) I UNIT I QUANTITY I UNIT PRICE I COST
NUMBER WORK ITEM ( 1) ( 1)
2021.501 Mobilization LUMP SUN .57 23 000.00 13.1l0.00
2031.501 FIELD OFFICE. TYPE D EACH .57 3.500.00 1 99~.00
2101. 502 CLEARING TREE 34.00 50.00 1.700.00
2101. 507 GRUBBING TREE 34.00 50.00 1.700 00
2104.501 REMOVE CURB AND GUTTER LIN. FT. 170.00 2.00 340.00
2104.501 REMOVE METAL CULVERT LIN. FT. 86.00 5.00 430.00
?104 'i0"i HI '1'1 1M J NOII<.; ~. T SO. VD 7 ?1R.00 1."i0 10.R'-7.00
2104.505 RF.MOVF. ORTVRWA V PAVF.MENT SO. yo 67.00 5.00 335.00
2104.509 REMOVE WOOD LIGHT POLE AND LUMINAIRE EACH 1.00 150.00 150.00
2104.509 REMOVE METAL APRONS EACH 3.00 50.00 150.00
2104.509 REMOVE CONCRETE APRONS EACH 2.00 50.00 100.0n
2104.513 SAWING BITUMINOUS PAVEMENT LIN. FT. 2.536.00 2.50 6.340.00
2104.523 SALVAGE SIGN EACH 8.00 35.00 ?Ro.on
2105.501 COMMON EXCAVATION CU. YD. 698.00 2.50 1 745.00
2105.507 SIJBGRAOE EXCAVATION CU. YD. 5 652.00 2.50 14.130.00
2105.522 SELECT GRANULAR BORROW (CVl CU. YD. 4.559.00 5.00 ?? 795.00
2105.523 COMMON BORROW lEV' cu. YD. 19 372.00 3.50 67.802.00
2105.533 SALVAGED AGGREGATE (EV) CU YD. 2.215.00 2.50 s:; "i'\7.J:in
2130.501 WATER M GAL. 25.00 15.00 375.00-
2211. 501 AGGREGATE BASE. CLASs 5 TON 4.576.00 6.00 '27 4'i6.on
2331.508 TYPE 41 WEARING COURSE MIXTURE TON 785.00 20.00 1~ 700 on
2331. 510 TYPE 41 BINDER COURSE MIXTURE TON 773.00 20.00 15.4-,,0-on-
2331. 514 TYPE 31 BASF. COURSF. MIXTURE TON 1 936.00 18.00 34.848.00
2331. 518 I:H ul"LLNOTTS rUF FOR PAT TON 62.00 25.00 1.550.00
2357.502 BITUMINOUS MATERTAT. FOR TACK COAT GALLON 853.00 1.00 853.00
2501. 511 18" RC Y.LY!'.; CULVERT LIN. FT. 80.00 26.00 ? 080.00
2501 511 36" C~ y 11""1': CULVERT LTN. FT. 12.00 3'i no 4'20 00
?501 1i1'i 15" RC PI yft: APRON F.ACH 3.00 215 no "45 no
2501 515 18" RC PLY!'.; APRON EACH 2.00 225.00 41::-" nn
0501.602 BULKHEAD CULVERT EACH 2.00 250.00 500.00
2503.541 15" RC PIPF. OES 3006 LIN. FT. 402.00 24.0{\ q.I&:.AO on
2506.507 CONSTRUCT BASINS DES G OR H LIN. FT. 15.90 140.00 ? ?~I&:. on
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67360
ITEM I S.P. 7001-62 (T.H. 13=117) I UNIT I QUANTITY I UNIT PRICE I COST
NUMBER WORK ITEM (1) (1)
2506.516 CASTING ASSEMBLIES EACH 5.00 250.00 1.250.00
2511 501 RANDOM RIPRAP. CT. TT CU. YD. 4.00 24.00 96.00
2511. 511 GRANULAR FILTER CU. YD. 2.00 1S.00 30.00
2521. 501 4 n CONCRETE WALK SO. FT. , 076.00 1.70 1.829.20
2531.501 CONCRETE CURB GUTTER. DES. B424 LIN. FT. 1.830.00 6.50 11 895.00
2531.501 CONCRETE CURB GUTTER. DES. B624 LIN. FT. 2.754.00 6.50 17.90LOO
2531. 503 CONCRETE MEDIAN SO. YD. 1 535.00 21.00 32 235.00
0531.602 CONCRETE MEDIAN NOSE EACH 2.00 250.00 1\00.00
0563.601 TRAFFTC CONTROL LUMP SUN .57 15.000.00 8 550.00
2564.531 F & I SIGN PANNELS TYPE C SO. FT. 163.00 20.00 'l ?60.00
0564.602 PAVEMENT MESSAGE (LT ARROW) POLY PREF. EACH 4.00 125.00 500.00
01il;4 602 PAVF.MF.NT MESSAGE -iRT ARROW} POLY PREF. F.ACH 5.00 125.00 I;?1i.00
0564 603 4" SOLID LINE WHITE PAINT LIN. FT. 6.285.00 15 942.71\
0564.603 12" STOP LINE WHITE PAINT LIN. FT. 80.00 1.00 80.00
0564.603 24" STOP LINE WHITE PAINT LIN. FT. 80.00 1.50 120.00
0564.603 4" ....nl I T,INF. YELLOW PAINT LIN. FT. 3 055.00 .15 458.25
0564 603 4" DOUBLE SOLID LINE YELLOW PAINT LIN. FT. 1.337.00 30 401.10
0564.603 24" SOLTD T.INE YELLOW PAINT LIN. FT. 168.00 2.50 420.00
0564 604 CROSSWALK MARKING POLY PREFORM SO. FT. 864.00 6.50 5 616.00
2573.501 BALI:: CHECK EACH 50..00 ' 6.00 300.00
2573.502 ~TT"T' FENCF. J{F.iVV~ LIN. FT AIiO.OO 4.00 3.400.00
2575.501 SEEnTNG ACRE 1.23 100.00 1?3.00
2575 502 SEED. uMTYTURE 500 POUND 48 00 3.0n 144.00
2575.502 SEED MIXTURE 1000 POUND 11. 00 3.00 ~n'l- 00
2575.505 SOlI) NG TYPE LAWN so. YD. 3 628.00 2.00 7.256.00
2571i "0" SODnTlJr-.TVPF. rnN SO. YD. 1.040.00 2.00 ? OAO.OO
2571i Ii" MTTT .r'U U_ - TYPE 1-3 TON 2.50 200.00 5()-0.00
257S\ ",? .......... ..... --- - TYPE 2-3 GAT.T.ON ?46.00 2.00 492.00
2575 523 WOOD FIBER BLANKETS SO. YD. -, 167.00 1.50 1.750.50
2575.532 COMMERCIAL FERT. ANALYSIS 10-20-20 POUND 658.00 .2S 164.S0
TOTAL S364.629.S0
ill 100% STATE - -~364 629.S0
~
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67360
ITEM , S.P. 7001-62 (T.H. 13=117) I UNIT I QUANTITY I UNIT PRICE I COST
NUMBER WORK ITEM (2) (2)
2021.501 Mobilization LUMP SUN .08 23 000.00 1 840_00
2031-501 FIELD OFFICE TYPE D EACH .08 3.500.00 280.00
2501.1:i15 18" RC PIPE APRON EACH 2.00 225.00 41:i0_00
0501.602 TRASH GUARD FOR 18" PIPE APRON EACH 1.00 150.00 150_00
2503.541 15" RC PIPE SEWER. DES. 3006 LIN. FT. 18.00 24.00 432-00
2503.541 15" RC PIPE SEWER DES. 3006. CL III LIN. FT. 70.00 28.00 1 960.00
2503.541 15" RC PIPE SEWER. DES. 3006. CL IV LIN. FT. 62.00 32.00 1984.00
2503.1:i41 18" RC PIPE SEWER. DES. 3006 LIN. FT. 226.00 26.00 5 876.00
2503 _541 18" RC PIPE SEWER. DES. 3006. CL III LIN. FT. 134.00 28.00 3 71:i2.00
2503.541 18" RC PIPE SEWER. DES. 3006. CL IV LIN. FT. 200.00 34.00 6 800.00
2506.506 CONSTRUCT MANHOLES DES. F LIN. FT. 48.20 140.00 6 748 00
2506.507 CONSTRUCT CATCH BASINS DES. G OR H LIN. FT. 9.00 140.00 1 260_00
2506.516 CASTING ASSEMBLIES EACH 6.00 250.00 1. 500. 00
2506.522 ADJUST FRAME AND RING CASTINGS EACH 1.00 150.00 150.00
nc:::n-i:. 60? INTO 'F.XTSTTNG MH OR CB EACH 1.00 300.00 300.00
.,,,,, -"-0-1 W I I-'W A 1-'. -CL I I CU YD. 10.00 24.00 240.00
2511.511 GRANULAR FILTER ~U. YD. 4.00 15.00 ';0.00
0563.601 'rKAI'"tt. ~l.: "- LUMP SUN .08 11:i.000 00 1 . ?-n-n 00
Tt"I",:a T S34 982.00
(2\ 49.1% STATE - S 17 176.16
50.9% CITY - S 17 805.84
I
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67360
CITY OF PRIOR LAKE
RESOLUTION
BE IT RESOLVED that the City of Prior Lake enter into Agreement
No. 67360 with the state of Minnesota, Department of
Transportation for the following purposes, to-wit:
to provide for payment by the state to the City of the state's
share of the grading, storm sewer, bituminous surfacing, curb and
gutter and concrete walk construction by the City on Trunk Highway
No. 13 from Candy Cove Trail to Green Oaks Trail within the
corporate city limits under state Project No. 7001-62 (T.H. 13=117).
BE IT FURTHER RESOLVED that the proper City Officers are hereby
authorized and directed to execute such agreement.
CERTIFICATION
state of Minnesota
County of Scott
City of Prior Lake
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 Prior Lake at a duly authorized meeting
thereof held on the day of 1990,
as shown by the minutes of said meeting in my possession.
City Manager
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,.A-CONSTRUCTlON LU.UTS
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--'....-..I~-=-'----.-b .-------'" ---~---------- r ? ~
h' ~ -/., '\ : ~ 7 ) CURVE NO. 4 ( ; :
(._),' ~ ..:;; ID~ ; P.l STA. 912+82.34 ~ :n
o. , I.'> . 2' 15' 00' ... .
~ \ u e I~ 0 . O' 30' 00' --' "'0'
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Zi./. ...... T 225.03' a: co:
':1lii R . 114~9. IS'
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SHEET 2 or 2
MINN. VALLEY COM~,!. CHURCH
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.
STORM SEWER FACILITIES IIIIIIII
S.P. 7001-62
CONSTRUCTION RC PIPE SEilER
ADJUST
STRUCT. ROAD~AY STATION LOCATION CB I PAY CASTING CASTING LENGTH CLASS APRON REMARKS
NO. OR DESIGN HEIGHT ASS'Y ASS'Y SIZE OF
MH PIPE
LIN, FT. LIN. FT. EACH
MH3-1 TH 13. L N8 898+90 6S' RT. J!!L F 7.1 A-7 ~ 226 II 1
I'IH3-1A TH 13, L NB 900+00 6S' RT, J!!L F 11. 8 A-7 IS" 110 III
IIH3-2 TH 13, L NB 901+20 6S' RT. J!!L F lS.3 A-7 1S" 120 IV
IIH3-B TH 13. L NB 902+00 75' RT. J!!L F 14.0 A-7 ~ 80 IV -
AP3-9 TH 13, L N8 902+26 7B' RT. ~ 24 III ----L- TRASH GUARD
-
C83-10 TIMBER TRAIL 0+71 14' LT. 1 ~ 62 IV - CONNECT TO EX. CB3-10
-
CB3-4 OMEGA TRAIL O+lS 13' RT. St. G 4.S B-S ~ IS II -
CB3-3 FISH POINT ROAD, L WB 11 + SO 23' RT. CB G 4,S 112-7 15" 70 III
STORM SEWER FACILITIES (BLUE)
S,P. 7001-62
CONSTRUCTION RC PIPE SEilER
STRUCT. ROADWAY STATION LOCATION CD PAY CASTING LENGTH CLASS APRON
NO. OR DESIGN HEIGHT ASS'Y SIZE OF
KH PIPE
LIN. FT. LIN. FT. EACH
C87-2 TH 13. L NB S91+60 23' RT. St. H 2.7 B.:L- --1L 20 ..-1L ----L-
CB3-18 TH 13 , L NB 900+00 SS' R 1. St. 6 4.0 r,-11 --1L 10 II
C83-14 TH 13, L HD -
903+7S 23' RT. St. 6 3.4 B-B 15" 62 II ----L-
. CB3-15 TH 13 , L NB 906+S0 23' R1. JL H 2,9 B-B 15" 272 II
CD6-2 TH 13, L NB 911+75 23' R1. CD H 2.9 B-8 15" 38 11 1
EXHIBIT "A"
AGREEMENT NO. 67360
City of Prior Lake
S.P. 7001-62 (T.H. 13=117)
100% STATE J Blue
49.1 % STATE - 50.9% CITY _ Orange
SHEET 1 or 2
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