HomeMy WebLinkAbout20080317 - VIII-A-1VIII-A-1
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To: Honorable Mayor and City Council
From: Tom Montgomery
Date: March l 1, 2008
Re: Resolution -Approve MnDOT Vermillion Street Historic Wall Restoration
Agreement
Council is requested to adopt the enclosed resolution approving the agreement
with MnDOT for funding and restoration of the Vermillion Street historic retaining walls.
Under this agreement, the City's estimated cost is $256,000 and is proposed to be funded
from the excess bonding capacity from the 2008 North Vermillion Area improvement
project.
The City's cost share includes 100% of the funding for non-grant eligible sections
of the side streets ($170,000), the remaining portion of the Vermillion Street walls not
covered by the Great River Road and FHWA Enhancement grants ($68,000), and for our
share of construction engineering costs ($I 8,000). These funding estimates do not
include any contingencies and will be revised once bids have been received.
I have enclosed a drawing illustrating the split between grant eligible and local
responsibility walls. The circled areas on the drawing illustrate the grant eligible wall
sections, which include a number of wal} sections that extend outside of the Hwy 61 right
of way.
The agreement also spells out that upon completion ofthe historic wall
rehabilitation, MnDOT will turn over the small section of right of way that includes the
retaining walls to the City, and the City agrees to future maintenance responsibility for
these walls.
COUNCIL ACT10N REQUESTED
Council is requested to approve the enclosed resolution authorizing the City to
enter into the enclosed agreement with MnDOT for the construction and funding of the
Vermillion Street historic retaining wall rehabilitation.
Upon completion of the project, Council may wish to vacate the former MnDOT
wall right of way so that all of the walls are within private property, and in doing so, turn
over future maintenance responsibilities to the property owners.
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CrrY OF #IASTWfiS
CITY o~ HasTINGs
DAKOTA COUNTY, MINNESOTA
Resolution No.
Resolution Approving MnDOT Agreement for
Vermillion Street Historic Retaining Wall Rehabilitation
IT IS RESOLVED that the City of Hastings enter into Mn/DOT Agreement No. 92157 with the State of
Minnesota, Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's share of the costs of the Historic Retaining
Wall Rehabilitation, Repair and Reconstruction and other associated construction to be performed upon,
along and adjacent to Trunk Highway No. 6i from 6~ Street to 9~ Street within the corporate City limits
under State Project No. 1913-6i and S.A.P. i3o-oio-ooh.
IT IS FURTHER RESOLVED that the Mayor and the City Clerk are authorized to execute the
Agreement and any amendments to the Agreement.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS lath DAY OF
MARCH, 2008.
Ayes:
Nays:
ATTEST:
Melanie Mesko Lee, City Clerk
CERTIFICATION
Paul J. Hicks, Mayor
(Seal}
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City
of Hastings at an authorized meeting held on the seventeenth day of March, 2008, as shown by the
minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of , 2008
Notary Public
(Signature}
Melanie Mesko Lee
My Commission Expires
City Clerk
M~
,,y .~
PRE-LETTING STATE OF MINNESOTA
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT
Mn/DOT
AGREEMENT NO.
92157-R
S.P. 1913-61 (T.H. 61=003)
S.A.P. 130-010-006
Fed. Proj. SB-TEA-MN 07(015)
State Funds
The State of Minnesota
Department of Transportation, and
The City of Hastings
Re: City cost historic retaining
wall reconstruction and
restoration by the State on
T.H. 61 (Vermillion St.) between
6"' Street and 9`h Street
AMOUNT ENCUMBERED
(None)
ESTIMATED AMOUNT
RECEIVABLE
$256,178.70
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 Hastings, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
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92157
WHEREAS, the State is about to perform historic retaining wall
reconstruction and restoration and other associated construction
upon, along and adjacent to Trunk Highway No. 61 (Vermillion St_)
from 6`h Street to 9`h Street and adjacent to Trunk Highway No. 61 on
7th and 8th Street and the Alleys between those streets, within the
corporate City limits in accordance with State plans, specifications
and special provisions designated as State Project No. 1913-61
(T.H. 61), S.A.P. 130-010-006 and in the records of the Federal
Highway Administration as Minnesota Projects Fed. Proj. SB-TEA-MN
07(015); and
WHEREAS, the City and the State have entered into a joint powers
agreement to share in the costs for the design of the repair and
reconstruction of the historic retaining walls; and
WHEREAS, the City has expressed its willingness to participate in the
costs of the historic retaining wall repair and reconstruction and
associated construction engineering as hereinafter set forth; and
WHEREAS, it is anticipated that Federal funding, consisting of a
Great River Road Grant and FHWA Enhancement funds, will be applied to
certain portions of the historic retaining wall construction located
on T.H. 61 and the adjacent streets and alleys, as per the funding
applications; and
WHEREAS, the remaining historic wall repair and reconstruction, not
eligible for the federal dollars, will be paid for by the City; and
WHEREAS, the City has stockpiled some of the stones from the existing
walls for use in the repair and reconstruction, and will allow the
State's contractor access to these stockpiles on city property; and
WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
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92157
cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE STATE
Section A. Contract Award
The State shall advertise for bids and award a construction contract
to the lowest responsible bidder for State Project No. 1913-61
(T.H. 61) in accordance with State plans, specifications and special
provisions which are on file in the office of the Commissioner of
Transportation at St. Paul, Minnesota, and are incorporated into this
Agreement by reference.
Section B. Direction and Supervision of Construction
The State shall direct and supervise all construction activities
performed under the construction contract, and perform all
construction engineering and inspection functions in connection with
the contract construction. All contract construction shall be
performed in compliance with the approved plans, specifications and
special provisions.
Section C. Plan Changes, Additional Construction, Etc.
The State, in consultation with the City, shall make changes in the
plans and contract construction, which may include the City cost
participation construction covered under this Agreement, and shall
enter into any necessary addenda, change orders and supplemental
agreements with the State's contractor that are necessary to cause
the contract construction to be performed and completed in a
satisfactory manner. However, the State District Engineer's
authorized representative will inform the appropriate City official
of any proposed addenda, change orders and supplemental agreements to
the construction contract that will affect the City cost
participation construction covered under this Agreement.
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92157
Section D. Satisfactory Completion of Contract
The State shall perform all other acts and functions necessary to
cause the construction contract to be completed in a satisfactory
manner.
ARTICLE II - INSPECTION BY THE CITY
The City cost participation construction covered under this Agreement
shall be open to inspection by the City. If the City believes the
City cost participation construction covered under this Agreement has
not been properly performed or that the construction is defective,
the City shall inform the State District Engineer's authorized
representative in writing of those defects. Any recommendations made
by the City are not binding on the State. The State shall have the
exclusive right to determine whether the State's contractor has
satisfactorily performed the City cost participation construction
covered under this Agreement.
ARTICLE III - BASIS OF PAYMENT BY THE CITY
Section A. SCHEDULE "I" and EXHIBIT "Cost Participation"
A Preliminary SCHEDULE "I" is attached and incorporated into this
Agreement. The Preliminary SCHEDULE "I" includes all anticipated
City cost participation construction items and the construction
engineering cost share covered under this Agreement, and is based on
engineer's estimated unit prices.
Construction Plan Sheet No. 4 of 71 depicts all anticipated City cost
participation construction covered under this Agreement, and is
incorporated into this Agreement by reference.
Section B. City Cost Participation Construction
The City shall, at the percentage indicated, participate in the
following construction to be performed upon, along and adjacent to
Trunk Highway No. 61 from 6`h Street to 9`h Street within the corporate
City limits under State Project No. 1913-61 (T.H. 61) The
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92157
construction includes the City's proportionate share of item costs
for mobilization and traffic control.
1. 100 percent after the federal funds (Great River Road Grant and
FHWA Enhancement funds) and state match shall be the City's rate
of cost participation in all of the federal eligible historic
retaining wall reconstruction as depicted in bold line on
Construction plan sheet 4 of 71. The construction includes, but
is not limited to, those construction items as tabulated on
Sheets No. 3 of the attached Preliminary SCHEDULE "I".
2. 100 Percent shall be the City's rate of cost participation in
all of the historic retaining wall reconstruction not eligible
for federal funds on the adjacent streets and alleys to T.H. 61
as depicted in hatched line on Construction plan sheet 4 of 71.
The construction includes, but is not limited to, those
construction items as tabulated on Sheets No. 2 of the attached
Preliminary SCHEDULE "I".
Section C. Construction Engineering Costs
The City shall pay a construction engineering charge in an amount
equal to 8 percent of the total cost of the City participation
construction covered under this Agreement.
Section D. Addenda, Change Orders and Supplemental Agreements
The City shall share in the costs of construction contract addenda,
change orders and supplemental agreements that are necessary to
complete the City cost participation construction covered under this
Agreement.
Section E. Liquidated Damages
All liquidated damages assessed the State's contractor in connection
with the construction contract shall result in a credit shared by
each party in the same proportion as their total construction cost
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92157
share covered under this Agreement is to the total contract
construction cost before any deduction for liquidated damages.
ARTICLE IV - PAYMENT BY THE CITY
Section A. Estimate and Advancement of the City's Cost Share
It is estimated that the City's share of the costs of the contract
construction plus the 8 percent construction engineering cost share
is the sum of $256,178.70 as shown in the attached Preliminary
SCHEDULE "I". Upon award of the construction contract the State
shall prepare a Revised SCHEDULE "I" based on construction contract
unit prices.
After the following conditions have been met, the City shall advance
to the Commissioner of Transportation the City's total estimated
construction cost share, which included the 8 percent construction
engineering cost share, as shown in the Revised SCHEDULE "I":
1. Execution and approval of this Agreement and the State's
transmittal of it to the City along with a copy of the Revised
SCHEDULE "I".
2. Receipt by the City of a written request from the State for the
advancement of funds.
Section B. Final Payment by the City
Upon completion and acceptance of the contract construction,
computation of the final amount due the State's contractor and
determination by the Federal Highway Administration of the amount of
its reimbursement to the State, the State shall prepare a Final
SCHEDULE "I" and submit a copy to the City. The Final SCHEDULE "I"
shall be based on final quantities, and include all City cost
participation construction items and the construction engineering
cost share covered under this Agreement. If the final cost of the
City participation covered under this Agreement exceeds the amount of
funds advanced by the City, the City shall, upon receipt of a request
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92157
from the State, promptly pay the difference to the State without
interest. If the final cost of the City participation covered under
this Agreement is less than the amount of funds advanced by the City,
the State shall promptly return the balance to the City without
interest.
Pursuant to Minnesota Statutes Section 15.415, the State waives claim
for any amounts less than $5.00 over the amount of City funds
previously advanced to the State, and the City waives claim for the
return of any amounts less than $5.00 of those funds advanced by the
City.
Section C. Acceptance of City's Cost and Completed Construction
The computation by the State of the amount due from the City shall be
final, binding and conclusive. Acceptance by the State of the
completed contract construction shall be final, binding and
conclusive upon the City as to the satisfactory completion of the
contract construction.
ARTICLE V - GENERAL PROVISIONS
Section A. Plan Changes
The City may request changes in the plans. If the State determines
that the requested plan changes are necessary or desirable, the State
will cause those plan changes to be made.
Section B. Utility Permits
The City shall submit to the State's Utility Engineer an original
permit application for all City-owned utilities to be constructed
hereunder that are 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).
Section C. Maintenance by the City
Upon completion of the historic wall reconstruction to be performed
within the corporate City limits under the construction contract, the
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92157
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 removal and surface
repair, and any other maintenance activities necessary to perpetuate
the walls in a safe, usable and aesthetically acceptable condition.
Upon completion of the walkways construction to be performed within
the corporate City limits under the construction contract, the City
shall provide for the proper maintenance of the walkways, without
cost or expense to the State. Maintenance includes, but is not
limited to, snow, ice and debris removal, patching, crack repair,
panel replacement, and any other maintenance activities necessary to
perpetuate the walkways in a safe and usable condition.
Section D. Future Responsibilities
The State shall modify the Commissioner Orders for the T.H. 61
roadway right of way to the highway side of the face of the historic
wall along T.H. 61. Upon completion of the walls, the City shall
thereafter accept full and total responsibility and all obligations
and liabilities arising out of or by reason of the use, operation,
maintenance, repair and reconstruction of historic wall and all of
the facilities a part thereof constructed hereunder, without cost or
expense to the State. The City may then vacate the right of way for
the walls to each of the respective property owners.
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
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92157
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. Agreement Approval
Before this Agreement becomes binding and effective, it shall be
approved by a City Council resolution and executed by such State and
City officers as the law may provide in addition to the Commissioner
of Transportation or their authorized representative.
ARTICLE VI - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155,
(651) 366-4634.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Nicholas Egger, P.E., City Engineer, or their
successor. Their current address and phone number are 1225 Progress
Drive, Hastings, Minnesota 55033-1955, (651)480-6185_
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92157
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
CITY OF HASTINGS
By
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
Mayor By
District Engineer
Date March 17, 2008 Approved:
By
By
State Design Engineer
Title City Clerk Date
Date March 17, 2008
Approved as to form and execution:
By
Contract Management
Date
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
By
Date
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