Cooperative construction agreement
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DE3IGN
STATE OF MINNESOTA
DEPARTMENT OF TRA~SPORTATION
COOPERATIVE CONSTRUCTION
AGREEr1ENT
AGREEMENT NO.
61970
S.P. 2706-141 (T.H. 7=12)
State Funds
Agreemenl between
The State of Minnesota
Department of Transportation, and
The City of Hopkins
Re: City cost construction by the
State at the T.H. 7 North
Service Drive Between Robinwood
Lane and C.S.A.H. 73
AMOUNT ENCUMEERED
(None)
EsrfH1ATED Ai'lOUL~T
RECEIVAI3LE
$13,:,1?17
THIS AGREEMEN~ made and entered into by and between the State of
Minnesota, Depdrt~ent of Transportation, hereinafter referred to as
the "State" and the City of Hopkins, Minnesota, acting by and
through its City Council, hereinafler referred to as the "CIty".
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WITNESSETH:
WHEREAS the State is about to award a contract for the construction
of grading and surfacing and other associated construction work
items to be performed along and adjacent to Trunk Highway No. 7
from Engineer Station 377+14.3 to Engineer Station 384+00 within
the corporate City limits in accordance with State plans,
specifications and special provisions therefor designated as State
Project No. 2706-141 (T.H. 7=12); and
WHEREAS included in said State Contract is the realignment
construction of North Service Drive adjacent to Trunk Highway No. 7
between County State Aid Highway No. 73 and Robinwood Lane within
the corporate City 11mits under State Project No. 2706-141 (T.H.
7=12); and
WHEREAS the City has expressed its willingness to participate in
the costs of certain service drive, curb and gutter and storm sewer
facilties construction to be performed under said state project as
hereinafter set forth.
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IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE STATE
The State shall, in connection with the award of the construction
contract, administration of said contract and the performance of
construction engineering for State Project No. 2706-141 (T.H.
7=12), do and peform the following.
Section A. Contract Award
Duly advertise for bids and award a contract to the lowest
responsibJe bidder for the Trunk Highway No.7 construction of
bituminous widening, curb and gutter and storm sewer facilities and
other associated construction work items in accordance with State
plans, specifications and special provisions bearing the above
state project number deslgnation and which are on file in the office
of the Commissioner of Transportation at St. Paul, Minnesota, and
are made a part hereof by reference with the same force and effect
as though fully set forth herein.
Section B. Dlrection and Supervision of Construction
Direct and supervise all construction activities performed under
said state project, and perform all construction engineering and
inspection functions necessary for the satisfactory completion of
.said state project construction.
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Section C. Plan Changes, Extra Work, Etc.
Make such changes in plans Of in the character of the work for said
state project construction, including the city cost participation
construction hereunder, which are reasonably necessary to cause
said state project construction to be in all things performed and
completed in a satisfactory manner, and to that end and as
supplemental to any contract let for the construction of said state
project, to enter into any change orders or supplemental agreements
with the State's contractor for the performance of any extra work
or work occasioned by any necessary, advantageous or desirable
changes in plans. However, the District Engineer of the Minnesota
Department of Transportation at Golden Valley or his duly
authorized representative will inform the City Clerk or other
ap~ropriate Cily official of any proposed change order or
supplement to the construction contract which will affect the city
cost participation hereunder.
Section D. Satisfactory Com~letion of Contract
Do and perform all other acts and functions necessary to cause said
state projects to be completed in a satisfactory manner.
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61970
ARTICLE II - BASIS OF PAYMENT BY THE CITY
Section A. Construction Costs
The City shall pay to the State, as the City's full share of the
costs of the storm sewer removal and storm sewer construction, curb
and gutter, concrete driveway, concrete walk, turf establishment
construction and other associated construction work items to be
performed upon North Service Drive adjacent to Trunk Highway No. 7
within the corporate City limits under State Project No. 2706-141
(T.H. 7=l2) in accordance with Article I hereof, the costs of the
construction described below under "CITY COST PARTICIPATION
CONSTRUCTION" and of the costs of any contract change orders or
supplemental agreements which may be necessary to complete the said
city cost p~rtlcipation construction and the costs of any
settlements of claims made with the State's contractor in
~
connection with said city cost participation construction.
Said payment by the City hereunder of the City's share of
construction costs shall be based on the final quantities of city
cost participation construction work items performed multiplied by
the appropriate unit prices contained in the construction contract
to be awarded by the State ln accordance with Article I hereof
and/or multiplied by the appropriate unit prices contained in any
supplemental agreements to the State's contract which provide for
city cost participation construction.
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Attached hereto, made a part hereof by reference and marked
SCHEDULE "I", is a preliminary construction cost estimate form
which lists all of the anticipated city cost participation
construction and construction engineering items to be performed
hereunder. Also attached hereto, made a part hereof by reference
and marked EXHIBIT "A", is one color coded sheet which shows and/or
describes all of the anticipated city cost participation storm
sewer facilities construction to be performed hereunder.
It is hereby understood and agreed that any and all liquidated
damages assessed the State's contractor in connection with the work
performed under said state contract shall result in a credit shared
by the State and the City in the same proportion as their
respective total cost share of construction contract work is to the
total contract cost without any deduction for liquidated damages.
CITY COST PARTICIPATION CONSTRUCTION
100 PERCENT shall be the City's rate of cost participation in all
of the following construction work to be performed upon and along
the North Service Drive of Trunk Highway No. 7 between County State
~id Highway No. 73 and Robinwood Lane withln the corporate City
limits under State Project No. 2706-141 (T.H. 7=12).
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61970
1.
All of the storm sewer removals along the north side of the
North Service Drive of Trunk Highway No.7.
.
2. All of the concrete curb and gutter together with the concrete
driveway pavement, concrete walk and turf establishment along
the north side of the North Service Drive of Trunk Highway- No.
7.
3. All of the storm sewer facilities associated with the above
mentioned curb and gutter construction as shown and/or
described in "Green" color on sheet No. 1 of the attached
EXHIBIT "A".
Section B. Prorated Construction Costs
In addition, said payment by the City shall also include the City's
prorated shares of the contract costs of Items No. 2021.501
"Mobilization", No. 203l.50l "Field Office", and No. 563.601
"Traffic Control" as set forth in said attached SCHEDULE "I". The
aforesaid items are not included in the above described city cost
participation construction work items. Said additional payment
represents the City's proportionate shares of the mobilization,
field office and traffic control costs incurred in connection with
the aforesaid city cost participation construction.
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Section C. Construction Engineering Cost~
Said payment by the City shall also include an amount equal to 8
percent of the City's final total share of construction costs as
determined in accordance with Sections A. and B. above, as the
City's proportionate share of construction engineering costs
incurred by the State in connection with said city cost
participation construction.
ARTICLE III - PAYMENT BY THE CITY
Section A. Estimate and Advancement of the City's Cost Share
It is estimated, for accounting purposes, that the payment by the
City of its share of the costs of construction work to be performed
by the State hereunder which includes the City's shares of the
prorated items "Mobilization", "Field Office and "Traffic Control"
plus the 8 percent construction engineering cost share lS the sum
of $13,519.17 as shown in the attached SCHEDULE "I". The State
shall, when a construction contract is awarded WhlCh includes the
city cost construction work to be performed hereunder, prepare a
revised SCHEDULE "I" based on the conslruction contract unit prices
and submit a copy of said revised SCHEDULE "I" to the City. The
City agrees to advance to the Commissioner of Transportation an
amount equal to the City's total cost share as set forth in said
revised SCHEDULE "I" be it more or less than said sum of $13,519.l7
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61970
forthwith upon the execution of this agreement and upon receipt of
a request from the State for such advancement of funds.
Section B. Final Payment by the City
It is contemplated that all of the construction work to be
performed under said state construction contract is to be done on a
unit price basis. Upon the completion and acceptance of the work
provided for in said contract let by the State and the preparation
by the State of a final estimate computing and determining the
amount due the contractor performing the work, the Commissioner of
Transportation shall determine and compute the amount due the "Trunk
Highway Fund of the State of Minnesota from the City for the said
city cost participation construction work as set forth hereunder.
After the Commissioner of Transportatlon determines the actual
amount due from the Clty, he shall apply on the payment thereof as
much as may be necessary of the aforesaid funds advanced by the
City. If the amount found due from the City shall be less than the
amount of the funds advanced, then, and in that event, the balance
of said advanced funds shall be returned to the Clty without
interest. If the amount found due from the City shall exceed said
amount of funds advanced, the City agrees to promptly pay to the
State the difference between said amounl found due and said amount
of funds advanced.
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Pursuant to Minn. Stat. l5.4l5, the State waives claim for any
amounts less than $2.00 over the City payment funds earlier
received by the State, and the City waives claim for the return of
any amounts less than $2.00 of such funds advanced by the City.
Section C. Acceptance of City's Final Cost Share and of
Completed Construction
It is understood and agreed that the aforesaid computation and
determination by the Commissioner of Transportation of the amount
due from the City hereunder shall be final, blndin9 and conclusive.
It is further agreed that the acceptance by the State of the
completed construction work provided for in said State plans
designated as State Project No. 2706-14] (T.H. 7=12) and performed
under contract let by the State shall be final, binding and
conclusive upon the City as to the satisfactory completion of said
work.
ARTICLE IV - GENERAL PROVISIONS
Section A. Plan Changes
The City may by a duly adopted City Council resolution request a
change or changes in the plan for State Project No. 2706-l41 (T.H.
7=12) construction to be performed hereunder in order to
satisfactorily complete the aforesaid city cost partlcipation
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61970
cosntruction, and if the State determines that said requested plan
change or changes are necessary and/or desirable, the State will
cause such change or changes in plan to be made and appropriately
alter the affected construction.
Section B. Release and Conveyance
It is hereby understood and agreed that, upon the satisfactory
completion of State. Project No. 2706-141 (T.H. 7=12) and acceptance
thereof by the State, the State shaJl serve upon the City a "Notice
of Release" placing the North Service Drive between County State
Aid Highways No. 73 and No. 18 including any and all facilities a
part thereof under the jurisdiction of the City; and subsequently
thereto, the State shall convey to the City, without cost or
expense to the City, the rights of way upon which said service
drive is located. Upon receipt of said "Notice of Release", the
City shall become the road authority responsible for said service
drive.
Section C. City Responsibilities
It is hereby understood and agreed that, upon the satisfactory
completion of State Project No. 2706-141 (T.H. 7=l2) construction
and acceptance thereof by the State, the City shall thereafter
accept full and total responsibily and all obligations and
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61970
liabilities arising out of or by reason of the use, maintenance
and/or reconstruction of the portions of the North Service Drive
between County State Aid Highways No. 73 and No. 18 and including
any and all facilities a part thereof.
Section D. Claims
It is hereby understood and agreed that any and all employees of
State and all other persons employed by the State in the
performance of the construction and/or construction engineering
work or services required or provided for under this agreement
shall not be considered employees of the City and that any and all
claims that mayor might arise under the Worker's Compensation Act
of the State of Minnesota on behalf of said employees while so
engaged and any and all claims made by any third parties as a
consequence of any ac~ or omission on the part of said State
employees while so engaged on any of the construction and/or
construction engineering work or services to be rendered herein
shall in no way be the obligation or responsibility of the City.
It is hereby understood and agreed that any and a~ employees of
the City and all other persons employed by the City in the
performance of any of the maintenance and/or reconstruction work or
services required or provided for under this agreement shall not be
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61970
considered employees of the State and that any and all claims that
mayor might arise under the Worker's Compensation Act of the State
of Minnesota on behalf of said employees while so engaged and any
and all claims made by any third parties as a consequence of any
act or omission on the part of said City employees while so engaged
on any of the maintenance and/or reconstruction work or services to
be rendered under this agreement by the City shall in no way be the
obligation or responsibility of the State.
The City agrees that, upon receipt of the Notice of Release
described in Article IV, Section B. of this agreement, it will
defend, indemnify, save and hold harmless the state and all of its
agents, officers and employees of and from any and all claims,
demands, actions or causes of action of whatsoever nature\or
character arising out of or by reason of the City's negligent acts
or omissions in connection with those portions of the North Service
Drive between County State Aid Highways No. 73 and No. l8 including
any and all facilities thereof within the corporate city limits
which are outside the Trunk Highway No. 7 right of way limits.
Section E. Nondiscrimination
The provisions of Minnesota Statute 181.59 and of any applicable
ordinance relating to civil rights and discrimination shall be
considered part of this agreement as if fully set forth herein.
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61970
considered e~ployees of the State and that any and all claims that
mayor might arise under the Worker's Compensation Act of the State
of Minnesota on behalf of said employees while so engaged and any
and all claims made by any third partles as a consequence of any
act or omission on the part of said City employees while so engaged
-
on any of the maintenance and/or reconstruction work or services to
be rendered under this agreement by the City shall in no way be the
obligation or responsibility of the State.
The -C-i-t.-y- -a-t:- -i~ -own- ~ -w:i:-}-}- -d~fe-rtd ,-i-fteemft:i: iy, - save- h-a-r:m-:l-e-s-s--
I
th e -s-t:a-t:-e- -and- -a-1-1- -of- -i~ -ag-en-t:-g- T -o-ff- .i:-ee 1'.'"3 - aftd - em p:l: 0 ye es- o-f- t!l:n~- -f-r:'t)fft- ~
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any -and- ~-1.- -c-l-a-i~,--d-e11tand-8-,- -ae-~NI't3"-01'.'" -ea:ttseg -of - aetion- of-- - -- /
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W h a t"so"ev'er- -na1:u-t:'-e- -o-r- -ch-~r- -a-r-t~:i:-1'tg" -Ottt -0 f - 0 r - by - rea s on - of- -the- _ _ l\
Ci ty-l~ "'1'l"e'g'"i-i-gent -acts- -o-r- ""'Or.t':i:-ss-:i:-on3'-:i:-~-e~nneet:ton -with- tho5e-- - --
por ti"'01l'S"" ~ -No-r-t11:"' -&e-rv-i.-c-e- ""i)-r-:i:-v'e- -b-e-tw-e-e-l'r -eonnty -Sta te- Aia- Hi9hwClY~- --
No. -rJ- -and- -No-.- -l-e- -i-rrc-hrd1nq- -arrf -crrrcr-errr -fere ix rt:tes- thereof-wi thin--
the -cu L J:.lU 1: a Lt: -Ci..-ty"' -1-i:nrl-t:s- "'wtr:h:-n:"' -ar-e- -crcrtsrde -the -'1' r on" - Highway- No"'; -'9-
r iglTt- -uf- -wcry- -l-iirri:ts-,- -i-rrc-1""\.rd-ing- -crrr -aCerO-IT -0'[" -cl:ai:m-wh i ch- ai i egBs- - --
negl-i'l e'= -of- tire- -S La Le ,- -tts--ag-errts, -crrftcers -or -emptoyees~ - n - /
Section E. Nondiscrimination
The provisions of Minnesota Statute 181.59 and of any applicable
ordinance relating to civil rights and discrimination shall be
considered part of this agreement as if fully set forth herein.
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61970
Section F. Agreement Approval
Before this agreement shall become binding and effective, it shall
be approved by resolution of the City Council of the City and shall
also receive the approval of such State Officers as the law may
provide in addition to the Commissioner of Transportation or his
duly authorized representative.
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IN TESTIMONY WHEREOF the parties have duly executed this agreement
by their duly authorized officers and caused their respective seals
to be hereunto affixed.
(City
Seal)
DEPARTMENT OF TRANSPORTATION
Reco;amen ed fO~ approval:
~# ~~~
By ~
Director - Office of
Design Servlces
By
District Englneer
By
Asslstant Oivlslon Dlrector
Technical SerVlces Division
Approved as to form and execution:
By ______
Special Assistant Attorney General
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BY.-1 ~ "
Mayor
Date
By
City Manager
Date
STATE OF MINNESOTA
By
Deputy Commissioner
of Transportation
Date
(Date of Agreement)
Approved:
Department of Administration
By
(Authorized Signature)
Date
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CITY OF HOPKINS
1010 FIRST STREET SOUTH · HOPKINS, MINNESOTA 55343 · 612/935-8474
May 18, 1984
Stephan C. Bucko
Agreement Spec1a11st
Mlnnesota Department of Transportat10n
5801 Duluth Street
Golden Valley, Mn 55422
~ Dear Mr. Bucko:
Attached are the signed cop1es of agreement number 61970.
Please note that the C1ty Counc11 at the1r meetlng of
May 17, 1984, chose to strike paragraph 2 on page 13
before s1gn1ng.
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Jean Kaeding
Council Secretary
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