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Home My WebLink About20110207 - VI-09To: Honorable Mayor & City Council From: Nick Egger — City Engineer Date: February 1, 2011 Re: Resolution — Approve Amendment No. 2 to Municipal Cooperative Construction Agreement No. 95 Council Action Requested: Attached for Council approval is Amendment No. 2 to the Municipal Cooperative Construction Agreement for the Highway 61 Bridge replacement, which was originally approved by the Council in December 2009. The amendment allows for the City to be reimbursed by MnDOT for contracting some minor building modifications to the recently acquired Hudson property. Certain grading changes in the footprint of the demolished section of the Hudson building would result in some of the lower level windows on the remaining building to be buried beneath soil (see attached photo exhibit). The work that the City will contract will fill in these windows with masonry block so that the adjacent soil can be filled in. Since HEDRA is the owner of the property, it will soon make a resolution to allow for the City to contract the work on its behalf. Background Information: Please see the attached Amendment document and letter from MnDOT Project Manager Steve Kordosky for further details. Financial Impact: The Planning and Building Departments are planning to collaborate to obtain quotes and contract the work. At this time the costs for the work are estimated to be up to $10,000, which has been defined as the upper limit of what will be reimbursed by MnDOT. Cft or rust s * 101 rourm street Last 0 Haag es. MN SW33 -1955 + W.6514M2350 F t651 -437 - * w ci haskins. mn.us F] 14 F�l CITY OF HASTINGS Dakota County, Minnesota Washington County, Minnesota Resolution No. RESOLUTION FOR APPROVAL OF AMENDMENT NO.2 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 began project 1913 -64 to replace the Trunk Highway 61 Bridge over the Mississippi River and to reconstruct the Highway between 5 d ' Street and the bridge over the Canadian Pacific Railway, and WHEREAS, the project included demolition of a portion of the H.D. Hudson Manufacturing facility located at 200 2 nd Street W, and WHEREAS, said demolition work resulted in several lower level windows of the H.D. Hudson Manufacturing property now owned by HEDRA, becoming exposed to the elements, and WHEREAS, planned changes in elevation of the adjacent soil will result in said windows falling below the finished grade elevation, and WHEREAS, it will be necessary to fill and seal said windows to prevent intrusion of the elements to the interior of the remaining structure, and WHEREAS, MnDOT prefers that with the structure now being under the ownership of a City sanctioned body (HEDRA), it is appropriate for the City to contract for the necessary structural modifications, and 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. 2 to Agreement No. 95243 between the City of Hastings and the Minnesota Department of Transportation and authorizes the Mayor and City Clerk to sign three (3) original copies said agreement, to be returned to MnDOT. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 7 TH DAY OF FEBRUARY, 2011. Ayes: Nays: Paul J. Hicks, Mayor ATTEST: Melanie Mesko Lee, City Clerk SEAL o ANESO4- �4 W OF TRP Minnesota Department of Transportation Highway 61 Hastings Bridge Design -Build Project 624 Spiral Blvd. Hastings, NIN 55033 Date: January 28, 2011 Dave Osberg 101 East 4' Street Hastings, MN 55033 RE: Agreement 95423 Amendment 2 Dear Dave: Office Tel: 651- 438 -6700 Fax: 651- 438 -6795 Attached for the City's signature are copies of proposed amendment 2 of Agreement 95423. This amendment is for providing masonry blocking to basement windows on a portion of the remaining Hudson facility. These windows were exposed during the demolition of the existing Hudson warehouse. Present this amendment to the City Council for their approval and execution. If acceptable provide original signatures of the City Council's authorized City officers on three copies of the amendment. Also required are three original copies of a resolution passed by the City Council authorizing its officers to sign the amendment on its behalf. A suggested form of such resolution is enclosed. Please return to me the signed amendments and resolutions (3 copies of each). I'll forward to our Agreements Office. A fully executed copy will be returned to the City. Do not incur expenses regarding this issue until the fully executed copy has been received. If you have any question about this matter, let me know. Since Steve Kordosky Project Manager 651 -438 -2951 PRE - LETTING STATE OF MINNESOTA SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT AMENDMENT NO. 2 AMENDMENT TO Mn /DOT AGREEMENT NO. 95243 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 09MN(003) 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 State cost for building protection from the P1Pment ORIGINAL AMOUNT RECEIVABLE (CITY) $171 (TOTAL OBLIGATION) AMENDMENT #1 ENCUMBERED (STATE) $5,440.66 AMENDMENT #2 ENCUMBERED (STATE) $10,000.00 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 ". 1 95243 -2 WHEREAS, the State and the City did enter into Agreement No. 95243, dated January 7, 2010, providing for a lump sum payment by the City 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 and Amendment No. 1 to Agreement No. 95243 for the State cost of lighting connections for the shared use path all to be performed 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, the design -build contract included demolition of the Hudson warehouse building, and the warehouse was a component of the Hudson Manufacturing facility, which is now City - owned. Post demolition of the Hudson Warehouse building, it was discovered that old windows in the remaining city -owned Hudson building are now exposed to the natural elements such as rain and snow and require blocking to be sealed; and WHEREAS, the State and the City desire that Agreement No. 95243 be amended so that the Agreement reflects that the City will seal the windows to protect the interior of the City -owned Hudson building. CONTRACT AMENDMENT In this Amendment deleted contract terms will be eti:�lee and the added contract terms will be underlined Revision 1. Article I, Section I. is added and reads as follows: Section I. State requested City Performed Construction oil 95243 -2 The State requests that the city construct blocking and weather sealing to the ground level exposed windows at the City -owned Hudson building. The State will pay for this construction estimated at 10,000.00. Revision 2. Article II is Amended to read as follows: 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 +00.295) 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 consists of the costs of the on- street parking ($3,178.00), 2nd Street upgrade to concrete pavement ($28,279.00), traffic control signal system ($92,500.00), EVP system ($3,250.00), State - furnished Materials ($15,750.00), and 20 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. 3 95243 -2 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 and City -owned warehouse construction not to exceed $10,099. $15,440.66 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. Receipt by the State of appropriate written request from the City for payment by the State. The request shall include a copy of the City's invoice(s) showing the actual costs of the City- furnished Materials or the City performed construction Except as amended herein, the terms and conditions of the original Agreement remain in full force and effect. 4 95243 -2 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF HASTINGS DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor By District Engineer Date Approved: By By State Design Engineer Title Date Approved as to form and execution: Date By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date G