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HomeMy WebLinkAbout2011-06-01 PACKET 04.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 06101/2011 PREPARED BY Engineering ORIGINATING DEPARTMENT Jennifer Levitt STAFF AUTHOR COUNCIL ACTION REQUEST Approve the resolution approving the proposed cooperative construction agreement between the City of Cottage Grove and the State of Minnesota for the West Point Douglas Road Extension Project. STAFF RECOMMENDATION Recommend the Council adopt the resolution approving the proposed cooperative construction agreement between the City of Cottage Grove and the State of Minnesota for the West Point Douglas Road Extension Project. .t •C •illl •► � •► SUPPORTING DOCUMENTS ® MEMO /LETTER: Jennifer Levitt, May 23, 2011. ® RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS / A l ministrator 4 P C / — ity Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Jennifer Levitt, May 23, 2011. ® RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS / A l ministrator 4 P C / — ity Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER RESOLUTION NO. 2011- RESOLUTION APPROVING THE PROPOSED COOPERATIVE CONSTRUCTION AGREEMENT NO. 98514 BETWEEN THE CITY OF COTTAGE GROVE AND THE STATE OF MINNESOTA FOR THE WEST POINT DOUGLAS ROAD EXTENSION PROJECT IT IS RESOLVED that the City of Cottage Grove enter into Mn /DOT Agreement No. 98514 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the Intersection Improvements and Traffic Control Signal construction and other associated construction to be performed for the intersection of Trunk Highway No. 61/Trunk Highway No. 10 at Trunk Highway No. 95 (Manning Avenue)- West Point Douglas Road (Frontage Road) within the corporate City limits under State Project No. 8205 -131 (T.H. 61 =003). IT FURTHER RESOLVED that the Mayor of Cottage Grove and the City Clerk are authorized to execute the Agreement and any amendments to the Agreement. I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Cottage Grove at an authorized meeting held on the 1 st day of June, 2011 as shown by the minutes of the meeting in my possession. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk CITY OF COTTAGE GROVE J MINNESOTA To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Jennifer M. Levitt, P.E., City Engineer Date: May 23, 2011 Re: TH 61 and West Point Douglas Road/TH 95 (SP 8205 -131 (TH 61= 003)) /SAP 180 - 010 -003 Approve and Execute Cooperative Construction Agreement 98514 with MnDOT Background /Discussion: On September 1, 2010 the City Council authorized that a feasibility report be prepared for the West Point Douglas Road Extension. The Council approved the feasibility report on November 3, 2010 and called for a public hearing to be held on December 1, 2010. A public hearing was held on December 1, 2010 for the project and the Council ordered the improvements. The plans and specifications were approved on May 18, 2010. The next step in the process with the MnDOT for construction of the intersection improvement is to finalize the cooperative agreement. Enclosed is the MnDOT Cooperative Construction Agreement No. 98514 for the project. This agreement must be finalized prior to bid letting. Recommendation: It is recommended Council adopt the attached resolution approving and executing the MnDOT Cooperative Construction Agreement No. 98514 for the West Point Douglas Road Extension to TH 61/TH 95. Mn/DOT Contract No: 98514 STATE OF MINNESOTA DEPARTMENT OF TRANSPORATION And CITY OF COTTAGE GROVE COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (SP): 8205 -131 Original Amount Encumbered Trunk highway Number (TIT}: 61 =003 _ __. $594,846.00 State Aid Number (SAP) 180- 010 -003 City Project: 10 -284 Signal System ID 22273 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State ") and City of Cottage Grove acting through its City Council ( "City "). Recitals 1. The City will perform the intersection, roadway, access closure and frontage road construction ("Intersection Improvements "); and revise the existing Traffic Control Signal with Street Lights, Advanced Warning Flashers and Signing ( "Signal System "), for the intersection of Trunk Highway No. 611Trunk Highway No. 10 at Trunk Highway No. 95 (Manning Avenue)- West Point Douglas Road (Frontage Road) in the City of Cottage Grove, Washington County, Minnesota, according to City - prepared plans, specifications and special provisions designated by the City as City Project No. 10 -284 and by the State as State Project No. 8205 -131 (T.H.61= 003) and State Aid Project No. 180 -010 -003 ( "Project "); and 1 The City will install Emergency Vehicle Pre - emption System ( "EVP System ") as pare of the revised Signal System; and 3. The State will furnish a cabinet and controller ( "State Furnished Materials "), according to the Project Plans, to operate the revised Signal System covered under this Agreement; and 4. The State wishes to participate in the costs of the Intersection Improvements and revised Signal System and EVP System construction and associated construction engineering; and 5. The City and the State will participate in the operation and maintenance of the revised Signal System and EVP System. 6. Minnesota Statutes § 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. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits I.I. Effective slate. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. AU clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 10, Liability; Worker Compensation Claims; Insurance; 12. State Audits; 13. Government Data Practices; 14. Governing Law; Jurisdiction; Venue; and 16. Force Majeure. The terms and conditions set forth in Article 6. Signal System and EVP System Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1 Mn/DOT Contract No: 98514 1.4. Plans, Specifications, Special Provisions. State - approved City plans, specifications and special provisions designated by the City as City Project No. 10 -284 and by the State as State Project No. 8205 -131 (T.H. 61=003) are on file in the office of the City's Engineer and incorporated into this Agreement by reference. ("Project Plans ") 1.5. Exhibits. Preliminary Schedule "I" is attached and incorporated into this Agreement. 2. Right -of -Way Use 2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to occupy trunk highway right -of -way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time, with or without, cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the City (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension: of Work, Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the trunk highway right -of -way (including the construction being performed on such right -of -way) at any time and without notice to the City or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may direct the City (and its contractor) to take such remedial measures as the State deems necessary. The State may require the City (and its contractors and consultants) to suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the City (or its contractors or consultants) for exercising its rights under this provision. 2.3. Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the State right -of -way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook ( hW: /hvww. dot. state. mn. tts/ tra ff_rcee*tvo rkzone /index.html All City, contractor, and consultant personnel occupying the State's right -of -way must be provided with required reflective clothing and hats, 2.4. State Ownership of Improvements. The State will retain ownership of its trunk highway right-of-way, including any improvements made to such right -of -way under this Agreement, unless otherwise noted. The warranties and guarantees made by the City's contractor with respect to such improvements (if any) will flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the City's consultants, and contractor (including its sureties) for non - performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City's consultants and contractors. 3. Contract Award and Construction 3.1. Bids and Award. The City will receive bids and award a construction contract to the lowest responsible bidder (or best value proposer), subject to concurrence by the State in that award, according to the Project Plans. The contract construction will be performed according to the Project Plans. 3.2. Bid Doeunnents furnished by the City. The City will, within 7 days of opening bids for the construction contract, submit to the State's State Aid Agreements Engineer 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 contract. The City will not award the construction contract until the State advises the City in writing of its concurrence. -2- Mn /DOT Contract No: 98514 3.3. Rejection of Bids. The City may reject and the State may require the City to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids, 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. 3.4. Contract Terms. The City's contract with its construction contractor(s) must include the following terms: A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended third -party beneficiary of the contract with respect to the portion of work performed on the State's right - of -way; and B. A clause requiring the State to be named as an additional insured on any insurance coverage which the contractor is required to provide; and C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk highway, will flow to, and be enforceable by, the State as the owner of such improvements. 3.5. Direction, Supervision and Inspection of Construction A. The contract construction will be under the direction of the City and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreement will be open to inspection by the State District Engineer's authorized representatives. The City will give the State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract construction. B. Responsibility for the control of materials for the contract construction will be on the City and its contractor and will be carried out according to Specifications No. 1601 through and 'including No. 1609 in the State's current "Standard Specifications for Construction ". 3.6. Completion of Construction. The City will cause the contract construction to be started and completed . according to the time schedule in the construction contract special provisions. The completion date far the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.7. Plan Changes. All changes in the Project Plans and 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. 3.8. Compliance with Laws, Ordinances, Regulations. The City will comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's trunk highway right -of -way, the City will not require the contractor to follow local ordinances or to obtain local permits. 3.9. Construction Documents Furnished by the City. The City will 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 warrants) 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: -3- Mn/DOT Contract No: 9851 i. Satisfactory performance and completion of all contract construction according to the Project Plans. ii. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction ". iii. 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 Aid Agreements Engineer. 4. Right -of -Way; Easements; Permits 4.1. The City will, 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 local and trunk highway portions of the contract construction. Before payment by the State, the City will furnish the State with certified copies of the documents for rights -of -way and easements, construction permits and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings and depiction of utilities affected by the contract construction. 5. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 5.1. Frontage Roads. Maintenance of West Point Douglas Road. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities according to accepted City maintenance practices. 5.2. Storm Sewers. Routine maintenance of any storm sewer facilities construction. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes; repair of minor erosion problems; minor structure 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. 5.3. Additional Drainage. Neither party to this Agreement will drain any additional drainage into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written 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 Unit at Roseville and is incorporated into this Agreement by reference. 5.4. Storm Water Treatment Pond .Upon completion of the storm water treatment pond construction to be performed within the corporate City limits under the construction contract, the City will provide for proper maintenance of the pond without cost or expense to the State. Maintenance shall include, but not limited to, litter, debris and silt removal, mowing, erosion repairs 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. The City will be responsible, to the extent provided by law, for its own acts and omissions in connection with maintaining the storm water treatment pond. 6. Signal System and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the revised Signal System and EVP System on T.H. 61/ T.H. 10 at T.H. 95 (Manning Ave,)- West Point Douglas Rd. (Frontage Rd.). -4- Mn /DOT Contract No: 98514 6.1, City Responsibilities A. Power, The City will be responsible for the hook -up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the revised Signal System and EVP System. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the luminaires and all its components, including replacing the luminaires when necessary. ii. Replace the revised Signal System L.E.D. indications and the advanced L.E.D. warning flashers and relamp the street lights. iii. Clean the revised Signal System controller cabinet and service cabinet exteriors. iv. Clean the revised Signal System, advanced warning flashers and luminaire mast arm extensions. 6.2. State Responsibilities A. Timing; Other Maintenance. The State will maintain the signing, and perform all other revised Signal. System, advanced warning flasher and street light maintenance without cost to the City. All revised Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.01, subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 6.3. Right of Way Access. Each party authorizes the other party to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 7. Basis of State Cost 7.1. SCHEDULE "I ". The Preliminary SCHEDULE "I" includes all anticipated State participation construction items and the construction engineering cost share covered under this Agreement. 7.2. State Participation Construction. The State will participate in the following at the percentages indicated. The roadway construction includes the State's proportionate share of item costs for mobilization and traffic control, A. 160 Percent will be the State's rate of cost participation for the roadway construction work as specified on Page 2 of the SCHEDULE "I ". B. Lump sum amount for the intersection, access closure, frontage road and signal system construction work. -5- Mn/DOT Contract No: 98514 7.3. State Furnished Materials. The State will furnish a cabinet and controller ( "State Furnished Materials "), according to the Project Plans, to operate the revised Signal System covered under this Agreement. The State's cost shares for State Furnished Materials ($31,500.00) will be deducted from the State's total lump sum construction cost share as shown in the SCHEDULE ".1". 7.4. Construction Engineering Costs. The State will pay a construction engineering charge equal to 8 percent of the total State participation construction covered under this Agreement. 8. State Cost and Payment by the State 8.1. State Cost. $594,846.00 is the State's estimated share of the costs of the contract construction plus the 8 percent construction engineering cost share (less the State Furnished Materials cost) as shown in the Preliminary SCHEDULE "I ". The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon review of the construction contract bid documents described in Article 3.2., the State will decide whether to concur in the City's award of the construction contract and, if so, prepare a Revised SCHEDULE "P' based on construction contract unit prices. . 8.2, Conditions of Payment. The State will pay the City the full and complete lump sum amount, as shown in the Revised SCHEDULE "I ", after the following conditions have been met: A. Encumbrance by the State of the State's full and complete State funded lump sum cost share, as shown in the Revised SCHEDULE "I ". B. Approval by tile State's Land Management Director at St. Paul of certified documentation, submitted by the City, for all right -of -way and easement acquisitions required for the contract construction. C. Execution of this Agreement and transmittal to the City, including a letter advising of the State's concurrence in the award of the construction contract. D. The State's receipt of a written request from the City for the advancement of funds. The request will include certification by the City that all necessary parties have executed the construction contract. 8.3. Limitations of State Payment; No State Payment to Contractor The State's participation in the contract construction is limited to the lump sum amount shown in Article 7, and the State's participation will not change except by a mutually agreed written amendment to this Agreement. The State's payment obligation extends only to the City. The City's contractor is not intended to be and will not be deemed to be a third party beneficiary of this Agreement. The City's contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against the City by the City's contractor. 9. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 9.1. The State's Authorized Representative will be: Name/Title: Maryanne Kelly- Sonnek, Municipal Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366 -4634 Fax: (651) 366 -4769 E -Mail: maryanne.kellysonnek@state.mn.us 9.2. The City's Authorized Representative will be: Name/Title: Jennifer Levitt, City Engineer (or successor) Address: 8635 West Point Douglas Road, Cottage Grove, MN 55016 -331 Telephone: (651) 458 -2890 .6- MnID(Yf Contract No: 98514 Fax: (651) 458-6080 E -Mail: jlevitt@cottage - grove.org 10. Assignment; Amendments; Waiver; Contract Complete 10.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 10.2. Anrendinents. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 10.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 10.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and . the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 11. Liability; Worker Compensation Claims; Insurance 11.1. 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 § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its contractor(s) or consultant(s). 11.2. Each patty is responsible for its own employees for any claims arising under the Workers Compensation Act, 11.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the City's contractor. 12. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 13. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevantto this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 14. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. -7- Mn/DOT Contract No: 9$514 15. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 16. Termination 16.1. By Mutual Agreeinent. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below 16.2. Termination fox Xrasuffrcient Funding. 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 allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 17. ForceMajeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] In STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: Date: MAPS Encumbrance No. CITY OF COTTAGE GROVE The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. 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