HomeMy WebLinkAbout2016-06-01 PACKET 07.K. Cottage
J Grove
��er� Pride and Qro�P�rity Me�t
Clt�/ COUI'1CII CONSENTAGENDA
Acfion Request Form �'K'
Meeting Date
6/1/2016
Department
Community Development
Title of Request
Cooperative Agreement with MnDOT for 80th Street Quadrant Project
Staff Recommendation
Adopt Resolution 2016-110 approving the Cooperative Agreement with the Minnesota
Department of Transportation and authorize execution of the agreement.
ATTACH MENTS:
Description Type Upload Date
Council Memo Cover Memo 5/26/2016
Resolution Resolution 5/26/2016
Cooperative Agreement Backup Material 5/26/2016
Exhibit A - Cooperative Agreement Backup Material 5/26/2016
Cottage
J Grove
�here Pride and pCOSPerity Meet
To: Honorable Mayor and City Council
Charlene Stevens, City Administrator
From: Ryan Burfeind, PE, Project Engineer
Date: May 25, 2016
Re: 80th Street Quadrant —Approve Cooperative Agreement with MnDOT
Backq rou nd/Discussion
A portion of the 80th Street Quadrant Project, which includes landscaping improvements to
the intersection of 80th Street and Hadley Avenue, involves the removal of the existing
chain link fence along the south side of 80th Street and replacement with a decorative rod
iron fence. This includes the fence on the bridges over the CP Railroad and Highway 61,
as well as the fence leading up to each bridge. As this fence is located within MnDOT
right-of-way, the City has been working with MnDOT on review of the replacement project.
As part of this project, a Cooperative Agreement with MnDOT is required, which covers
requirements related to installation, maintenance, and ownership of the fence. This
agreement also clarifies maintenance of the existing sidewalk along 80th Street within the
MnDOT right-of-way. The City Attorney has reviewed the Cooperative Agreement.
Recommendation
It is recommended the City Council adopt a resolution approving the Cooperative Agree-
ment with the Minnesota Department of Transportation and authorize execution of the
agreement.
RESOLUTION NO. 2016-XXX
RESOLUTION APPROVING THE COOPERATIVE AGREEMENT WITH THE
MINNESOTA DEPARTMENT OF TRANSPORTATION REGARDING THE FENCE
AND SIDEWALK ALONG 80TH STREET AT TRUNK HIGHWAY 61
IT IS RESOLVED that the City of Cottage Grove enter into MnDOT Agreement No.
1003350 with the State of Minnesota, Department of Transportation for the following purposes:
To provide permission by the State to the City to install and maintain at its own cost
ornamental railing on Bridge No. 82019 and 82020 and other associated construction to be
performed upon, along, and adjacent to Trunk Highway No. 61 on Bridge No. 82019, Bridge
No. 82020, and along the south side of 80th Street within the corporate City limits under
Control Section No. 8205.
IT IS FURTHER RESOLIVED that the Mayor and the City Administrator are authorized
to execute the Agreement and any amendments to the Agreement.
Passed this 1 st day of June 2016.
Myron Bailey, Mayor
Attest:
Joe Fischbach, City Clerk
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the City
Council of the City of Cottage Grove at an authorized meeting held on the 1 st day of June,
2016, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this day of
, 2016.
(Signature)
Notary Public
My Commission Expires
(Type or Print Name)
(Title)
MnDOT Contract No: 1003350
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF COTTAGE GROVE
COOPERATIVE CONSTRUCTION
AGREEMENT
Control Section (C.S.): 8205
Trunk Highway Number (T.H.): 61=003
Bridge Number: 82019 & 82020
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 chain link fencing replacement on Bridge No. 82019 over Trunk Highway No. 61 and
on Bridge No. 82020 over Canadian Pacific Railroad and West Point Douglas Road South with ornamental
metal railing and the replacement of State Right-of-Way fencing along the south side of 80t'' Street for
aesthetic purposes upon,along and adjacent to Trunk Highway No. 61 at 80t'' Street South according to City
prepared plans, specifications and special provisions designated by the City as Ornamental Railing upgrade
on the 80t'' Street Bridge over Trunk Highway No. 61 and by the State as Control Section No. 8205
(T.H. 61=003) ("Project"); and
2. The City requests the State allow the replacement of the chain link fence on Bridge No. 82019 and Bridge
No. 82020 and along the south side of 80t''Street within the State Right-of-Way with ornamental metal railing
and the State is willing to allow said construction; and
3. 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
l. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.L Effective Date. 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. All 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; 5. Maintenance
by the City; 8. Liability;Worker Compensation Claims; Insurance; 10. State Audits; 11. Government Data
Practices; 12. Governing Law;Jurisdiction;Venue; and 14. Force Majeure.
1.4. Plans,Specifications,Special Provisions. State-approved City plans, specifications and special provisions
prepared by the City are on file in the office of the City's Engineer and incorporated into this Agreement by
reference ("Project Plans").
1.5. Exhibits.Maintenance E�ibit "A" is attached and incorporated by reference.
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
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MnDOT Contract No: 1003350
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(http://www.dot.state.mn.us/trafficen�/workzone/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. 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 construction covered under this Agreement will be open to
inspection by the State District Engineer's authorized Construction Engineer. The City will give the
representative five days' notice prior to the pre-construction meeting and prior to the start of
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".
3.2. 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 for 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.
3.3. 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
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MnDOT Contract No: 1003350
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.
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.
4.2. Limited Use Permit. The City will obtain,through the District's Right-of-Way Area Manager, a Limited Use
Permit to cover the City's liability responsibilities for the sidewalk and railing to be constructed or already
exists upon the State Right-of-Way.
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. Ornamental Metal Railing on Bridge No. 82019 and Bridge No. 82020 including approaches.
Maintenance of any Ornamental Metal Railing constructed with the project as shown in the project plan
includes graffiti removal and any other maintenance activities necessary to perpetuate the metal railing in a
safe,usable and aesthetically acceptable condition.
5.2. Sidewalks. Maintenance of the existing sidewalk along the south side of 80t'' Street within the State
Right-of-Way and the pedestrian ramps. Maintenance includes,but is not limited to, snow, ice and debris
removal,patching, crack repair,panel replacement, cross street pedestrian crosswalk markings,vegetation
control of boulevards (if any) and any other maintenance activities necessary to perpetuate the sidewalks in
a safe,useable, and aesthetically acceptable condition. Structural maintenance of the sidewalk on said
Bridge's will remain with MnDOT and will only include surface repairs of the bridge deck and concrete
traffic railing.
6. 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.
6.1. The State's Authorized Representative will be:
Name/Title: Adam Josephson, Metro East Area Manager(or successor)
Address: 1500 West County Road B-2, Roseville,MN 55155
Telephone: (651) 234-7719
Fax: (651) 234-7905
E-Mail: adam.josephson@state.mn.us
6.2. The City's Authorized Representative will be:
Name/Title: Jennifer Levitt/City Engineer&Community Development Director(or successor)
Address: 12800 Ravine Parkway South, Cottage Grove, MN 55016
Telephone: (651) 458-2890
Fax: (651) 458-6080
E-Mail: jlevitt@cottage-grove.org
7. Assignment; Amendments; Waiver; Contract Complete
7.1. 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.
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MnDOT Contract No: 1003350
7.2. Amendments. 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.
7.3. 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.
7.4. 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.
8. Liability; Worker Compensation Claims; Insurance
8.1. 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 thereo£ 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).
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
8.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the
City's contractor.
9. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
10. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5,the City's books, records,documents, and accounting
procedures and practices relevant to 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.
11. 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 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.
12. 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.
13. Termination; Suspension
13.1.By Mutual Agreement.This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
13.2. Termination for Insufficient 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
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Consh-uction within State R/W&Maintenance
MnDOT Contract No: 1003350
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 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.
13.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement
and all work, activities,performance and payments, if any, authorized through this Agreement. Any work
performed during a period of suspension will be considered unauthorized work and will be undertaken at the
risk of non-payment.
14. Force Majeure
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]
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Consh-uction within State R/W&Maintenance
MnDOT Contract No: 1003350
CITY OF COTTAGE GROVE DEPARTMENT OF TRANSPORTATION
The undersigned certify that they have lawfully Approved:
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances. BY�
(District Engineer)
By: Date:
Title:
Date:
By:
Title:
Date: COMMISSIONER OF ADMINISTRATION
By:
(With delegated authority)
Date:
INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
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Consh-uction within State R/W&Maintenance
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