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Home My WebLink About20100517 - VI-20MEMO To: Honorable Mayor and City Council From: Nick Egger, City Engineer Date: May 11, 2010 Re: Resolution — Approve Amendment to Municipal Cooperative Construction Agreement No. 95243 Attached for Council consideration is an amendment to the Municipal Cooperative Construction Agreement for the Highway 61 Bridge replacement, which was originally approved by the Council in December 2009. The amendment adds language to allow MnDOT to reimburse the City for costs related to reconfiguring the power supply and installation of controls for light system along the Riverfront trail segment in the River Flats. The power supply for the lights will be terminated when Xcel Energy removes the old poles from the riverfront, as distribution level power will be transferred to the newly installed poles along the tree line. This transfer is scheduled to occur in the next few weeks, and would mean that the trail lights would not be lit for an unspecified amount of time until MnDOT's contractor would make the necessary adjustments, unless other actions are taken. To alleviate the issue of being without functioning lights, instead the City will take on the work of installing control and meter cabinets, and re- connecting the power supply before Xcel reconfigures the distribution power. The estimated cost for the work is between $5,000410,000, and will be reimbursed from MnDOT's project funds later this summer. Staff Recommendation Staff is recommending that the City Council adopt the attached resolution to approve the amendment to Municipal Cooperative Construction Agreement No. 95243, and to authorize the signatures of the Mayor and City Clerk. CITY OF HASTINGS Dakota County, Minnesota Washington County, Minnesota Resolution No. RESOLUTION FOR APPROVAL OF AMENDMENT NO., 1 TO MNDOT MUNICIPAL COOPERATIVE CONSTRUCTION AGREEMENT NO., 95243 HIGHWAY 61 BRIDGE REPLACEMENT PROJECT WHEREAS, in the summer of 2010, the Minnesota Department of Transportation (MnDOT) will begin project 1913 -64 to replace the Trunk Highway 61 Bridge over the Mississippi River and to reconstruct the Highway between 5 th Street and the bridge over the Canadian Pacific Railway, and WHEREAS, the previously executed version of Municipal Agreement No. 95243 did not contain provisions for perpetuation of the power supply to lighting system along the Riverfront Trail in the River Flats once the relocation of distribution power occurred, WHEREAS, the City of Hastings will provide the work necessary to reconfigure the controls and power connection for said lighting system, WHEREAS, MnDOT project funds will provide reimbursement to the City of Hastings for said reconfiguration work upon receipt of actual cost invoices, up to a maximum of $10,000.00. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that The City Council hereby approves Amendment No. 1 to Agreement No. 95243 between the City of Hastings and the Minnesota Department of Transportation and authorizes the Mayor and City Clerk to sign said agreement. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 17 TH DAY OF MAY, 2010. Ayes: Nays: Paul J. Hicks, Mayor ATTEST: Melanie Mesko Lee, City Clerk SEAL PRE- LETTING STATE OF MINNESOTA AMENDMENT TO SERVICES DEPARTMENT OF TRANSPORTATION Mn /DOT SECTION COOPERATIVE CONSTRUCTION AGREEMENT NO. AGREEMENT 95243 AMENDMENT NO. 1 S.P. 1913 -64 (T.H. 61 =003) S.P. 1913 -67 S.P. 1913- (19004) S.P. 8205 -130 S.A.P -. 130 -137 -004 S.A.P. 130 - 010 -009 Fed. Proj . TCSP - BRNH 0 9MN (0 0 3 ) The State of Minnesota Department of Transportation, and The City of Hastings Re: City lump sum payment for on street parking, 2nd Street concrete pavement and traffic control signal construction by the State on T.H. 61; City maintenance responsibilities of Structural Pollution Control Device (SPCD) and other elements constructed on T.H. 61 and Staging area use and restoration; State cost City furnished materials for shared -use path lighting connections ORIGINAL AMOUNT RECEIVABLE (CITY) $171,548.00 (TOTAL OBLIGATION) AMENDMENT AMOUNT ENCUMBERED (STATE) $5,000.00 (ESTIMATED OBLIGATION) THIS AGREEMENT AMENDMENT 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 ". W1 95243 -1 WHEREAS, the State and the City did enter into Agreement No. 95243, dated January 7, 201 , providin for a lump sum payment by the Cit to the State of the City's share of the cost of the on street parking, 2nd Street upgrade to concrete pavement, traffic control signal and EVP system construction; State furnished Materials and all associated design and construction engineering delivery costs to be performed upon, along and adjacent to Trunk Highway No. 61 from 4th Street (117+00.337) to the bridge . over the Canadian Pacific Railway (118 +00.295) within the corporate City limits under State Project No. 1913 64 (T.H. 61 =003 ) ; and WHEREAS, after Agreement No. 95243 was fully executed, it was discovered that the design -build contract did not address supplying power to the shared -use path lighting facilities along the south bank of the Mississippi River on either side of the proposed construction staging area; and WHEREAS, the State and the City desire that Agreement No. 95243 be amended so that the Agreement reflects (1) the City installing the necessary components (City - furnished materials) to supply power to the shared -use path lighting facilities on both sides of the proposed construction staging area, and (2 ) the State making a payment to the City for the actual cost of the City-furnished materials, up to a maximum amount of $10,000.00; and WHEREAS, the Xcel Energy power hook --ups will be covered under a separate agreement between the State and Xcel Energy and K 95243-1 CONTRACT AMENDMENT In this amendment added contract terms will be underlined Revision 1. Article I, Section F. is Amended to read as follows: Section F. State and City furnished Materials The State will provide a new signal cabinet and controller to operate the new traffic control signal system on Trunk Highway No. 61 at 4th Street. The City share of the cost for the State - furnished Materials is an amount equal to $15,750.00. The City will install 2 meters, 2 meter sockets, 2 service cabinets and any other ancillary arts (City- furnished materials) required for supplying power to the shared -use ath lighting facilities along the south bank of the Mississippi River on both sides of the . proposed construction staging area. The cost for the Cit - furnished Materials is estimated to be $5,000.00. The State share of the cost for the City- furnished Materials will be equal to the actual invoiced amount, not to exceed $10,000.00. Revision 2. Article II is Amended to read as ARTICLE II - PAYMENT BY THE CITY AND THE STATE The City shall advance to the State, as the City's full and complete share of the costs of the on- street parking, 2nd Street upgrade to concrete pavement, traffic control signal and EVP system construction, State- furnished Materials, and associated design and construction engineering delivery costs to be performed upon, along and adjacent to Trunk Highway No. 61 from 4th Street (117+00.337) to the bridge over the Canadian Pacific Railway - (118+ 0 0.2 95 ) within the corporate City limits under State Project No. 1913-64 (T . H . 61=003) , a lump sum in the amount of $171,548.00. The lump sum amount 3 95243 -1 consists of the costs of the on-street parking ($3, 178 .0 Q) , 2nd Street upgrade to concrete pavement ($28 ►279.00), traffic control signal system ($92,500.00), EVP system ($3,250.00), State - furni shed Materials ($15,750.00), and 20o construction engineering and delivery costs ($28,591.00) . The City shall advance to the State the lump sum amount after the following conditions have been met: A. Execution and approval of this Agreement and the State's transmittal of it to the City. B. Award of the design -build contract to the successful proposer for the design and construction to be performed hereunder. C. Receipt by the City of a written request from the State for the advancement of funds. The State shall pay to the City the actual_ cost of the City-furnished Materials, not to exceed $10,000.00, after the following condi t ions have been met: A. Execution and approval of this Agreement and the State's transmittal of it to the City . B. Receipt by the State of appropriate written_ request from the City for pa ent by the State. The request shall include a co of the City's invoice(s) showing th6 actual costs of the City-furnished Materials. Except as amended herein, the terms and conditions of the original Agreement remain in full force and effect. 4 95243 --1 IN TESTIMONY WHEREOF the parties executed this Agreement by their authorized officers. CITY OF HASTINGS By Mayor Date By Title Date DEPARTMENT OF TRANSPORTATION Recommended for approval: By District Engineer Approved: By State Design Engineer Date Approved as to form and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date 0