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08-20-08 Special Agenda• CITY OF RICHFIELD, MINNESOTA WEDNESDAY,. AUGUST 20, 2008 COUNCIL CHAMBERS 6700 PORTLAND AVENUE SPECIAL CITY COUNCIL MEETING 5:30 P.M. AGENDA Call to order Roll call 1. Consideration of resolution accepting cooperative construction agreement, Agreement No, 93084, and advanced construction agreement, Agreement No. 93244, with Minnesota Department of Transportation for construction of Lyndale Avenue Bridge over I-494 Staff Report No. 207 • Notes: Adjournment SPECIAL CITY COUNCIL MEETING IMMEDIATELY FOLLOWING SPECIAL CITY COUNCIL MEETING AGENDA Call to order Roll call 1. Discussion of 2008 Revised/2009 Proposed Budget and 2009 preliminary tax levy Notes: Adjournment • Auxiliaryaids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the City Clerk at 612-861- 9738. • 00 ~ O ~ O •- ~- N ~ • O ~ '~ Q C~ • L W N Q ~ ~ M = ~ ~ N 7 a-' W ~ OY ' m c6 ~ ~ Q ~ 7~~ Q -p m Q °~ L r~ 70~ c ~ C V) ~ ~+ ~ N f6 ~ O ~ 'C ~ ~ N ~ NM o ~~a ~ ~ 00 ~ N N .~ ~ ai -~ a. ~ -- o ~, ~ o ca cn U ~ ~ ~ ~ ~ ~ ~E °~ o .; ~ ~ Q L Q O ~ ~ N ~ :.. 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I. RECOMMENDED ACTION: By Motion: Adopt the attached resolution accepting the Cooperative Construction Agreement (Agreement No. 93084) and the Advanced Construction Agreement (Agreement No. 93244) with Minnesota Department of Transportation (Mn/DOT) for the Lyndale Avenue Bridge over 1-494. II. BACKGROUND `In order to advance the Lyndale Avenue Bridge Project, the City of Richfield. needs to approve two agreements with the Minnesota. Department of Transportation. The first agreement is a Cooperative Construction Agreement that provides $5:5 million in state funds to the .Lyndale Avenue Bridge .Project, offers Mn/DOT staff to perform construction inspection services and details ..maintenance responsibilities of Richfield, Bloomington and Mn/DOT once the project is built. City staff has a serious concern about sharing the financial risk 0820 Advanced Construction Agreement • if an unanticipated event occurs involving right of way or construction. City .staff is working with Mn/DOT officials to resolve this concern: Staff hopes to resolve this in the next few days and to have an updated version of the agreement to distribute. at the August 20 Special City Council Meeting. The second agreement deals with a delay in providing a portion of the federal funds that have already been reserved for the Lyndale Avenue Bridge Project. Most of the federal funding will be in place afithe contract award date in September. However, $7.,500,000 (39%) of the federal funding is expected to be available in 'March of 2009. The Advanced Construction. Agreement assures that Mn/DOT will provide the funds when they become available. The funds will not be needed for payment to the contractor until fate-in 2009 so the delayed receipt of the federal funds should not require the City to provide any interim funding. If for. some unknown reason the funds are needed, the Agreement stipulates that the City will provide interim funding. This situation has occurred because, in order to reserve any .unused federal funds at the end of each fiscal year, the Minnesota Department of Transportation (Mn/DOT) must return the unspent funds annually and request that the funds be reauthorized by the Federal Government. This process delays the receipt of,federal funds until usually March of the • following year: In this case, the funds should be returned. to Minnesota in March 2009. The attached agreement asks the City of Richfield to front the money; until the :federal. funds. are reauthorized. Delaying the construction of the Lyndale Avenue Bridge until 2009 will only increase. costs due to inflation. III. BASIS OF RECOMMENDATION A. POLICY • Replacement of the Lyndale Avenue Bridge was identified in the City's 1997 Comprehensive Plan. B. CRITICAL ISSUES • The :project. needs "to be let for bidding soon to .maintain the current schedule to reopen the replacement bridge by November 2009. C. FrNalvclaL • Based on the Engineer's cost estimate, there are sufficient - funds to pay for the construction ofithe Lyndale Avenue Bridge • using federal funds for 80% of the cost and state funds for the remaining 20% of .the cost. This assumes. that all right of way 2 negotiations adhere to the project's right of way budget estimates. • .There is approximately $210,000 in costs that are ineligible for state-and federal funds. These costs will be paid using the City's State Aid funds and other local funds. • In the event the $7.5 million in federal funds are not received in a timely manner, the City will draw first on its Municipal State Aid funds (gas tax revenue) to reimburse itself. The City's finance Manager was consulted on this matter. D. .LEGAL • The City attorney has reviewed the proposed agreements. E. ENVIRONMENTAL CONSIDERATIONS • The Lyndale Avenue Bridge- Project has been approved by both the Minnesota- Department of Transportation and the Federal Highway Administration as meeting federal and state environmental requirements for construction. IV. ALTERNATIVE RECOMMENDATION(S~ • Council may choose to ask for modifications to the Cooperative Construction Agreement to reduce or eliminate the City's financial risk in the project. .. _,_ V. ATTACHMENTS • Resolution • State of Minnesota Draft Cooperative Construction Agreement between thee. Department of Transportation, and the City of Richfield and the City of Bloomington for Construction of the Lyndale Avenue Bridge over I-494, Mn/DOT Agreement No. 93084. • State of Minnesota Agency Agreement between the Department of Transportation and the City of Richfield for Federal Participation in Advanced Construction for the Lyndale Avenue Bridge over I-494, Mn/DOT Agreement No. 93244. VI. PRINCIPAL PARTIES EXPECTED AT MEETING • None anticipated. • 3 l- RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF STATE OF MINNESOTA COOPERATIVE CONSTRUCTION AGREEMENT NO. 93084 BETWEEN THE • MINNESOTA DEPARTMENT OF TRANSPORTATION, AND THE CITY OF RICHFIELD AND THE CITY OF BLOOMINGTON; AND, STATE OF MINNESOTA AGENCY AGREEMENT NO. 93244 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF RICHFIELD FOR ADVANCED CONSTRUCTION OF THE LYNDALE AVENUE BRIDGE OVER I-494 WHEREAS, the City of Richfield is proposing to use federal highway funds and Minnesota Trunk Highway funds to build the Replacement of the Lyndale Avenue Bridge over I-494; and WHEREAS, the City of Richfield desires to proceed with construction of the pro ect in advance of availability of the obligation authority for federal highway funds; an~ WHEREAS, the City of Richfield desires to temporarily provide City State Aid and/or other local funds in lieu of the federal funds so that the project may proceed. NOW, THEREFORE, BE IT RESOLVED that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Richfield to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Aggency Agreement 93244 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference. BE IT FURTHER RESOLVED that the City of Richfield enter into Mn/DOT Agreement No. 93084 with the State of Minnesota, Department of Transportation and the City of Bloomington, Minnesota for the following purposes: To outline maintenance responsibilities and to provide for payment by the State to the City of Richfield of the State's share of the costs of the interchange and traffic control signal construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No: 494 from approximately 1,300 feet west to 1,300 feet east of Lyndale Avenue, and. on Lyndale Avenue from American Boulevard to 77th Street within the corporate City limits.of Richfield and Bloomington under State Project No. 2785-342. BE IT FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement No. 93084 and any amendments to the Agreement. Adopted by the City Council of the City of Richfield, Minnesota this 20th day of August, 2008. e ie oette , ayor ATTEST: . ancy i s, ity er /~ Mn/DOT Agreement 93244 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF RICHFIELD FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION FOR S.P. 157-363-19, 2785-342, and 107-415-19; M.P. CA04 MN078(101), TA05 MN090(100), HPP MN10(106) AND HPP MN104(100) This agreement is entered :into by and between CITY OF RICHFIELD ("City") and the State of Minnesota acting through its Commissioner of Transportation ("Mn/DOT"), Pursuant to Minnesota .Statutes Section 161.36, the City desires Mn/DOT to act as the City's agent to accept and disburse federal funds for the construction, improvement, or enhancement of transportation financed in whole or in part by federal funds; and • The City is proposing. a federal aid project to reconstruct the interchange. of Lyndale Avenue and Interstate 494, hereinafter referred to as the "Project"; and The Project has been determined to be eligible for the expenditure of federal aid funds and is programmed in the approved federally approved STIP for the fiscal year 2009; and the project is identified in Mn/DOT records as State Project 157-363-19, 2785-342, and 107-415- 19, and in Federal Highway Administration ("FHWA") records as Minnesota Project CA04 MN078(101), TA05 MN090(100), HPP MN10(106) AND HPP MN104(100); and Since this project affects the National Highway System, additional Construction oversight is required by the Mn/DOT FHWA Stewardship Agreement; and The project has been named as an earmarked project in Section 1702 of the Federal. Transportation bill, commonly known as SAFETEA-LU. The project is listed as number 98 and was identified as receiving $13,000,000 in the bill; and The City desires to proceed with the construction of the project in advance of availability of the obligation authority for the older High Priority funds; and FHWA procedures permit advance construction of eligible projects with non-federal funds, with the intent to request federal funding for the federally eligible costs in a subsequent federal fiscal year, when sufficient funding .and obligation authority are available; and 1 l -3 • The City desires to temporarily provide City State Aid and/or other local funds in lieu of the federal funds so that the project may proceed. Mn/DOT requires that the terms and conditions of this agency. be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: L DUTIES OF THE CITY. A. DESIGNATION. The City designates Mn/DOT to act as its agent to accept and disburse federal funds made available for the Project. B. LETTING THE CONSTRUCTION CONTRACT. The City will prepare construction contracts in accordance with Minnesota law and applicable Federal laws and regulations. 1. The City will solicit bids -after obtaining written notification from Mn/DOT that the Federal Highway Administration ("FHWA") has authorized the Project. Any Project advertised prior to authorization will not be eligible for federal reimbursement. • 2. The .City will prepare the Proposal for Highway Construction for the construction.. contract,. which will,include all of the federal-aid .provisions.. supplied by Mn/DOT. 3. The City will prepare and publish the bid solicitation for the Project as required by state and federal laws. The City will include in the solicitation the required language for federal-aid contracts as supplied by Mn/DOT. The solicitation will state where the proposals, plans, and specifications are available for the inspection of prospective bidders. The solicitation will state where the City will receive the sealed bids. 4. The City may not include other work in the contract for the authorized Project without obtaining prior notification from Mn/DOT that such work is allowed by FHWA. Failure to obtain such notification may result in the loss of some or all of the federal funds for the Project. S. The City will prepare and sell the plan and proposal packages and prepare and distribute any addendums, if needed. 6: The City will receive, open, and evaluate bids. • 7. After the bids are opened, the City governing body will consider the bids and will award the contract as required by state and federal laws, or reject 2 .~ all bids. If the bid contains a goal for Disadvantaged Business Enterprises, the City will not award the contract until it has received certification of the Disadvantaged Business Enterprise participation from the Mn/DOT Equal Employment Opportunity Office. C. CONTRACT ADMINISTRATION. 1. The City will prepare and execute a construction contract with the Contractor, in accordance with the special provisions. and the latest edition of Mn/DOT's Standard Specifications for Construction. 2. The Project will be constructed in accordance with plans, special provisions, and standard specifications of each Project. The standard specifications will be the latest edition of Mn/DOT Standard Specifications for Highway Construction, and all amendments thereto. The plans, special provisions, and standard specifications will be on file at the City Engineer's Office. The plans, special provisions, and specifications are incorporated into this agreement by reference as though fully set forth herein. 3. Any deductions or penalties assessed to the contractor will be distributed as .follows: • a. For material deficiencies on Mn/DOT (future) owned roadways and ,. _ _ structures,,100%will be transferred to,Mn/DOT. .. b. For material deficiencies on City (future) owned roadways and structures, 100% will be retained by the City. c. :For penalties and liquidated damages applied to the contractor (such as traffic control, intermediate and final completion dates, erosion control, etc.) The amount will be split fifty percent to fifty percent by the City and Mn/DOT. D. PAYMENTS. 1. It is estimated that the total cost of the Project is $24,727,077.45 and that the anticipated federal funding will be $ 18,875,011.20. The remaining share will be paid by the City. 2. The City shall have to pay nothing for Mn/DOT Construction Oversight Services. 3. Request for reimbursement of the federal aid share of the federally eligible costs will be made after work has commenced, once funding and 3 l i ~~ • obligation authority are available (subject to the Area Transportation Partnership ("ATP") policy). 4. Following certification of the partial estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to Mn/DOT and will. include a copy of the certified partial estimate. 5. The City will maintain. a system for tracking all nonconforming work (including all construction and/or materials deficiencies) from identification through acceptable corrective action. The status of all nonconforming work will be reported to Mn/DOT weekly.. This system will be described in the Quality Management Plan. 6. .Upon completion of the Project, .the City will prepare a final estimate in accordance with the terms of the construction contract for the Project. The Project Engineer will certify the final estimate. Following certification of the final~estimate, the City will make the final payment to the Contractor in accordance with the terms of the construction contract for the Project. This certification will indicate that there are no outstanding nonconformance issues and that the construction conforms to the Construction Contract, Design Documents and approved changes. 7. Following certification, by the Project Engineer, of the final estimate, the ,. , _ City may request.:reimbursement for costs eligible for. federal funds. The City's request will be made to Mn/DOT and will include a copy of the certified final estimate along with the required records. E. LIMITATIONS. 1. The City must comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the FHWA and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the prescribed bases of discrimination include race, color; sex, national origin, age; and disability. In addition, the Title VI program has been extended to cover all programs, activities -and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence • of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take 4 '' affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry .out the above requirements. 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of Mn/DOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons .while so engaged, will in no way be the obligation or responsibility of Mn/DOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub- contractor. 4. .Utilities. ,The City will treat all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way in conformance with 23 CFR 645 "Utilities" which is incorporated herein by reference. F. AUDIT. 1. The City will comply with the Single Audit Act of 1.984 and Office of Management and Budget (OMB} circular A-133 including amendments ,, and successors thereto,, which are ncorporated_herein. by reference.... 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, Mn/DOT; and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of six years. The City will be responsible for any costs associated with the performance of the audit. G. CLAIMS. The City will pay any and all lawful claims arising out of or incidental to the performance of the Project work. The City acknowledges that Mn/DOT is acting only as the City's agent for acceptance and disbursement of federal funds, and not as a principal or co-principal with respect to .the Project. In all events, the City will indemnify Mn/DOT and hold Mn/DOT harmless from any claims arising out of the Project. H. Under Minnesota Statutes § 16C.05, subd. 5, the (Governmental Unit'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. 5 ~~ IL DUTIES OF Mn/DOT. A. Mn/DOT will make the necessary requests to the FHWA for authorization to use federal-funds for the Project and designation as an Advance Construction project. B. Mn/DOT will request the conversion of the Project to federal funding of eligible costs, on the following schedule within thirty days after the Annual Federal Appropriations bill is passed and MnLDOT has received both the Apportionment and obligation authority. C. If more obligation authority is received in a year than currently estimated and FHWA guidelines allow, the additional amount will be added to the project; otherwise, the additional obligation .authority maybe used on another project within the language authorizing the project under SAFETEA-LU until the Obligation Authority is used or rescinded. 1. The total obligation authority of High Priority funds available -for federal fiscal year, 2005 through 2008 is $7,263,7.56. 2. The language of SAFETEA-LU states that. $13,000,000 of High Priority funds is available for the project at up to twenty percent per • year. After take downs the Estimated Obligation Authority available for federal fiscal year 2009 is equal to at least $2,21.0,000 and not .,, more than $2,600,000. a.__ 3. Total obligation authority of the HPP funds from the federal transportation bill known as TEA-21 is estimated to be $4,898,373. D. At such time that the project is converted to federal funding and such funding is received by Mn/DOT, Mn/DOT will reimburse to the City the federal aid share of the federally eligible costs, previously provided by the City. Reimbursement for City State Aid funds used in lieu of federal funds, will be deposited in the City's State Aid Account. Reimbursement for other City funds used in lieu of federal funds will be forwarded to the City. E. Mn/DOT shall perform the construction inspection and oversight for this project at no cost to the City. III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to administer this agreement and to ensure that all payments-due to the other party are paid pursuant to the terms of this agreement. A. The City authorized representative is Thomas Foley, Transportation Engineer, City of Richfield, 6700 Portland Avenue, Richfield, MN 55423, Phone (612) 861-9791 or his successor. 6 • B. Mn/DOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation; Mail Stop 500, St Paul, MN 55155, phone 651-366-3822, or her successor. IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs Mn/DOT liability. V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing and be executed by the same parties who executed the original agreement,. or their successors in office. VII. TERM OF AGREEMENT. This agreement is be effective upon execution by the City and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. • VIII. TERMINATION. This agreement may be terminated by the City or Mn/DOT at any time, with or without cause, upon ,ninety (90) days written notice to the. other party., .. ,; Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the-event of such a termination the City will be entitled to reimbursement for Mn/DOT-approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of termination subject to the terms ofthis agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intend to be bound thereby. • 7 !~ CITY City certifies that the appropriate person(s) have executed the contract on its behalf as required by applicable resolutions, ordinances, or charter provisions By: Date: Title: By: _ Date: DEPARTMENT OF TRANSPORTATION By: Title: Director. State Aid for Local Transportation Date: COMMISSIONER OF ADMINISTRATION By: C Advanced Construction Agmt [-I ~ • PRE-LETTING STATE OF MINNESOTA SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 93084 S.P. 2785-342 (T.H. 494=393) S.P. 2785-(27V63) S.P. 107-415-19 S.P. 157-363-19 Fed. Proj. No:s TA05 MN090(100), CA04 MN078(101), HPP MNO10(106), HPPH MN104 (100) City Project No. 420-00 State Funds The State of Minnesota Department of Transportation, and The City of Richfield and ° . The City of Bloomington Re: State lump sum payment fcr int.,erchange re-.construct-cn ~~`~ the City. of Richfield or_ T . H . 4 94 at Lyndale r-.r~rue AMOUNT ENCUMBERED $5,467,400.00 (Richfield) _ ,. AMOUNT RECEIVABLE..... (None) THIS AGREEMENT is made and entered into by .and between the State of Minnesota, Department of Transportation, hereinafter .referred to as the "State"; and the Cities of Richfield and Bloomington, Minnesota, acting by and .through their respective City Councils, and hereinafter referred to as "Richfield" and "Bloomington". • 1 (-~ I . .93084 WHEREAS, Richfield is about to perform grading, paving, drainage, signing, lighting, traffic control signal, retaining wall and Bridge No. 27V63 construction and. other associated construction upon, along and adjacent to Trunk Highway No. 494 from approximately 1,300 feet west to 1,300 feet east of Lyndale Avenue, and on Lyndale Avenue from American Boulevard to 77th Street within the corporate City limits of Richfield .and Bloomington in accordance with Richfield-prepared plans, specifications and special provisions designated by Richfield, Bloomington and. the State as State Projects No. 2785-342 (T.H. 494=393), No. 2785-(27V63), No. 107-415-19 and No. 157-363-19 and in the records of the Federal Highway Administration as Minnesota Projects TA05 MN090(100), CA04 MN078(101), HPP MNO10(106) and HPPH MN104(100); and WHEREAS, Richfield, Bloomington and ~hc State have determined that there is justification and it is in ~_~~ public's best. interest to revise the existing traffic control sigra~ls on Lyndale Avenue at American Boulevard (formerly '9th ~~-~eet) (System "A") and at 77th Street (System "C°) , and remo-.r~ ~_~~ existing traffic control signals and install a new Traffic Con~rol Signal with Street Lights, Emergency Vehicle Pre-empti~r~ and Signing (Traffic Control Signal (s)) on the Trunk . Higt:~~-ay No . 494 North and South. Ramps at Lyndale. Avenue (System "B"); and install Interconnect (Interconnect) on Lyndale Avenue from. American. Boulevard (formerly 79th Street) to 76th Street. WHEREAS, Richfield and Bloomington request and the State agrees to the installation of an Emergency Vehicle Pre-emption System, (EVP System) as a part of the new Traffic Control Signal installation. WHEREAS, EVP Systems have previously been installed on Lyndale Avenue. at American Boulevard (formerly 79th Street) .and at 77th Street. WHEREAS, it is in the public's best interest for the State to provide a new signal cabinet and controller and one new master controller 2 i-I2 • 93084 (State-furnished Materials),. as part of the Traffic Control Signals and Interconnect construction performed under the construction contract, and Richfield is willing to participate in the costs of the State-furnished Materials in a lump sum amount equal to $38,800.00; and WHEREAS, Richfield and Bloomington shall enter into a separate agreement with Progressive Rail, Inc. to provide for the removal of two rail crossings within the limits of the construction project and the State is willing to participate in the cost of the rail-crossings removal in a lump sum amount equal to $6,200.00; and WHEREAS, Richfield has requested participation by the State in the costs of the grading, paving, drainages, signing, lighting, traffic control signal, retaining wall. and Bride No~ 27V63 construction; and .WHEREAS, the State is willing to p~--tip%pate in the costs of the grading, paving, drainage, s~igni_~~, lighting, traffic control signal, retaining wall and Bridge No. 27Vo'~ construction, plus the rail crossings removal lump su*n, mizras Richfield's cost share for State-furnished Materials, in an amount equal to $5,467,400.00 as hereinafter set forth; and WHEREAS, the State has agreed to perform all. of the construction engineering, surveying and materials control and inspection in connection with. the contract construction at no additional cost or expense to Richfield or Bloomington; and WHEREAS, the State, Richfield and Bloomington shall share in the maintenance responsibilities for the contract construction to be performed under the construction contract as hereinafter set forth; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes -the Commissioner of Transportation to make arrangements with and 3 1 ~13 93084 cooperate with any governmental authority for the purposes of , constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY .AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY RICHFIELD Section A. Contract Award and Construction Richfield shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved Richfield plans, specifications and special provisions designated by Richfield, Bloomington and the State as State Projects No. 2785-342 (T.H. 494=393), No_ 2785-(27v63), No. 10~--X15-19 and No. 157-363-19. The contract construction shall be performed in accordance with State-approved Richfield plans, spec~icationaY and special provisions that .are on file in the office of P.ic'_~t=eld's Engineer, and are • incorporated into this Agreement. by ret-ence. Section B. Documents to be Furnished to the State Richfield shall, within c_ays cf opening bids for the construction contract, submit to the ~tatc's State Aid Agreements Engineer at Roseville a copy of the log bid and an abstract of ali bids together with Richfield's request for concurrence by the State in the award. of the construction contract. Richfield shall not award the construction contract until the State advises Richfield in writing of its concurrence therein. Section C. Rejection of Bids Richfield may reject and the State may require Richfield 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. pursuant to this section, a party may request, in writing, that the bidding process be repeated. Upon the other party's written 4 ~-(~ • 93084 approval of such request, Richfield will .repeat the bidding. process in a reasonable period of time, without cost or expense to the State. Section D Direction, Supervision and Inspection of Construction The contract construction shall be under the supervision of Richfield; however, Richfield shall utilize the services of a registered professional engineer to be furnished by the State as provided in Article II, Section A. of this Agreement. Provision of such services will not be deemed to make the State a principal or co-principal with respect to the Project. Richfield shall give the State Aid Agreements Engineer five days notice of its intention to start the contract construction. Section E. Completion of Construction Richfield shall cause the contract construction to be started-and completed in accordance .with the t_n~~ schedule in the construction • contract special provisions. The c ~rpic-pion date for the contract _k~.han e of letters construction may be extended, by an ~~~ g between the appropriate Richfield offir_ia1 and the State District Engineer's authorized representat~-~re, for u_zavoidable delays encountered in the performance thereof. Section F. Plan Chances, Etc. All changes in the plans, specifications and special provisions for the contract construction and all addenda, change orders and supplemental agreements entered into by Richfield and its contractor for contract .construction must first be approved in writing by the State's engineer furnished in accordance with Article II, Section A. of this Agreement. Section G_ Compliance with Laws, Ordinances and Rectulations Richfield shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all 5 [-~~ • 93084 Federal, State and Local laws, and all applicable ordinances and regulations. Section H Right-of-WaY, Easements and Permits Richfield shall, 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 contract construction. Prior to advance payment by the State, Richfield .shall furnish the State with certified copies of the documents for those rights-of-way and easements,. and certified copies of those construction permits and other permits and sanctions required for the contract construction. Richfield is responsible for complying ,:-th azid following Minnesota Statues 216D.04, Subdivision 1a, for iae~~tifi~:ation, notification, design meetings and depiction of utilities affected by the contract construction. Richfield and Bloomington cha-~ each submit to the State's Utility Engineer original permi} sp~lications for their respective City-owned utilities, including, but r_ot limited to, lighting, water main, sanitary sewer and irrigaticii systems, to be constructed hereunder that are upon and within the trunk highway right-of-way. Applications for perm~.ts shall be-made on State form "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525). ARTICLE II - CONSTRUCTION ENGINEERING Section A. State Furnished EncTineerinct Services The State shall furnish a registered professional engineer for the construction engineering to be performed in connection with the contract construction at no cost or expense to Richfield and Bloomington. The State's engineer shall actively supervise and direct all construction engineering, surveying, staking, inspection, • testing and associated documentation as required for the contract construction. The State shah also furnish other personnel, 6 (-Lc~ • 93084 services, supplies and equipment as shall be necessary to properly carry out its construction engineering responsibilities. The contract construction shall be performed in accordance with the State-approved Richfield plans, specifications and special provisions. The control of materials for the contract construction shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set. forth in the State's current "Standard Specifications for Construction". The State's engineer may make minor changes in the contract construction which-are reasonably necessary; advantageous, or desirable to cause the contract constructio~~ to be in all .things performed and completed in a satisfact~--- manner. All change orders and supplemental. agreements required t: _mplernent such changes to the contract construction shall be negotiated and prepared by the State's engineer and submitted to Richfield -or execution in accordance with Article I, Section .F ._ of_ths r ~,-~~n~nt._ _... Section B. Partial and Final Estimates of Construction At regular intervals during t~~e contract construction, the State shall prepare and certify par ial cost estimates for completed contract construction in accordance with the terms of-.the construction contract. The.State shall also prepare the final estimate data for the contract construction. Immediately after the preparation of each partial and final estimate, the State shall submit the estimate to Richfield. Quantities listed on the partial and final estimates shall be documented in accordance with the guidelines set forth in the applicable documentation manual. Richfield .shall make all payments to the contractor for completed certified contract construction. • 7 ~ -~'I • 93084 ARTICLE III - STATE-FURNISHED MATERIALS The State will provide a-new signal cabinet and controller and one new master controller for the new Traffic Control Signal and Interconnect construction to be performed under the construction contract.. .Richfield's full and complete cost share for the State-furnished Materials is a lump sum amount equal to $38,800..00. ARTICLE IV - PAYMENT BY THE STATE The State shall advance to Richfield, as the State's full and complete share of the-costs of the grading, paving,-drainage, signing, lighting, traffic control signal, retaining wall, Bridge No. 27V63 and rail crossing removal construction to be performed upon, along and adjacentto Trunk Highway i~o. 4.94. from approximately 1,300 feet west to 1,300 feet east of L-:-n~la=~ Avenue, and on Lyndale Avenue from American Boulevard to 77tH Street within the corporate City limits of Richfield and Bloomin~~or_ under State Project • No. 2785-342 (T.H. 494=393), a lump sum in the amount of $5,467,400.00. The lump sum amount consists of .$5,500,000.00 for contract construction, $6,20o.OC fo-r rail crossing removal and a lump sum credit .inthe amount of i:~--3,800.00) for Richfield's cost share of State-furnished materials. The State shall advance to Richfield the. lump sum amount after the .following conditions have been met: A. Encumbrance by the State of the State's full and complete lump sum cost share. B. Receipt by the State from Richfield of certified documentation for all of the right-of-way and easement acquisition required for the contract construction, and the approval of that documentation by the State's Land Management Director at St. Paul. C. Execution .and approval of this Agreement and the State's transmittal of it to Richfield and Bloomington. If execution and 8 C-[ 93084 approval of this Agreement does not constitute concurrence by the State in the award of the construction contract, a letter advising Richfield of the State's concurrence. in .the award of the construction contract shall accompany Richfield's copy of this Agreement.. D. Receipt by the State of a written request from Richfield for the advancement of funds. The request shall include. certification by Richfield that all necessary parties have executed the construction contract. ARTICLE V - CONSTRUCTION DOCUMENTS FURNISHED BY RICHFIELD Richfield shall keep records and accountU that enable it to provide the State, when requested,-with thefo-!=owing: A. Copies of Richfield's contractor inT~-oice(s) covering all contract • construction. B. Copies of the endorsed and canceled Richfield warrant(s) or check(s)paying for~fir_a1 con.tractconstruction, or computer documentationof-the ~~:a.rrant(s) issued, certified by an appropriate Richfield official that final construction contract payment has beenmade. C. Copies of all construction contract change orders and supplemental agreements. D. A certification form, provided by the State, signed by Richfield's Engineer in charge of the contract construction attesting to the following:. 1. Satisfactory performance and completion of all contract construction in accordance with State-approved Richfield • plans,. specifications and special provisions. 9 -t ~ 93084 2. 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". 3. Full payment by Richfield to its contractor for all contract construction. E. A copy of the "as built" plan sent to the State Aid Agreements Engineer. ARTICLE VI.- MAINTENANCE PROVISIONS Section A. Traffic Control Signal System "B" Upon completion-of this project (System "B";!, Richfield will, at its cost and expense: (1) maintain the IL.r-.inaire~ and all its components, including replacing the lur,~inaires when necessary; (2) . relamp the new traffic control sign`.l ar,a street lights; (3) clean .the exterior of the controll;e~ and ~~r~ice cabinets; and (4) clean the new traffic control sian=_1 and iuminaire mast arm extensions. Richfield shall be reimk,urs~d 5f0% of all costs associated with the maintenance in the previo~i~ paragraph by Bloomington. The State will, at its cost and expense, maintain the signing and interconnect, and perform.: all other traffic control signal and street light maintenance. The-new EVP System for .Traffic Control Signal System "B", will. be installed, operated, maintained, or removed in accordance with the following conditions and requirements: 1. All maintenance of the new EVP System will be performed by the State. 2. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, 10 ~ , ~o • 93084 Subdivision 5. Authorized emergency vehicles may use emitter units only when responding town emergency. Richfield and Bloomington will provide the State's Metropolitan District Engineer or his/her designated representative a list'of all vehicles with emitter units, if requested by the State. 3. Malfunction of the EVP System must be reported to the State immediately. 4. 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 2. above are T~Tiolated, and such misuse or violation continues after:ERich~ield and/or Bloomington receives written notice from the State, the State may remove the EVP System. U~>on removal of the EVP System pursuant to this Paragrat~~, a~1 of itsparts and components become. the property r,~ __~~ Sate. All timing of the new Tra_LZic ~c_ztrol Signal and EVP System (System "B") will be det~~~r.~r~d by the State, and no changes maybe. made except with the apprc-._:~1 of the State. Bloomington will be responsible for the cost and application to secure an adequate power supply to the service pole or pad for System "B". Upon completion of this project, Bloomington will_.., thereafter pay .all monthly electrical service expenses necessary to operate the new Traffic Control Signal and EVP System (System "B"). By signing this agreement, Richfield and Bloomington authorize the State to enter upon Richfield's and Bloomington's public right of way to maintain the new and revised Traffic Control Signals and EVP Systems. • 11 1-a~ • 93084 Section B Related Traffic Control Signal Agreements Upon execution .and approval of this Agreement, and completion of the contract construction, the existing Agreement No. 86780M, dated August 18, 2004, regarding the operation and maintenance terms and power provisions for the intersection of Lyndale Avenue at American Boulevard (formerly 79th Street) (System "A"), between Bloomington and the State, shall remain in full force and effect. Upon execution and approval of this Agreement, and completion of the contract construction,. the existing Agreement No. 86777M, dated October 11, 2004, regarding the operation and maintenance terms and power provisions for the intersection of Lvndale Avenue at 77th Street (System "C"),..between Richfield and she State,-shall remain in full force and effect. Upon execution and approval of this ~_~reement, and completion of the i contract construction, this agreemen~ ~s:~~~ll supersede and terminate the operationand maintenance terms o~ Agreement No. 73027, dated May 5, 1995,between Richfield,3loomingLOn,-the County of Hennepin, and the State for the inter=c~ions of the TrunkHighway No. 494 North and South Ramps at Lynda-e w~nue. Section C. Maintenance by Richfield Upon .completion of the Lyndale Avenue, West 78th Street, West 77th. Street and Harriet Avenue construction to be performed north of Trunk Highway No. 494 within the Richfield corporate City limits under the construction contract, Richfield shall provide for the proper. maintenance of the roadways and all of the facilities apart thereof, without cost or expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. Upon completion of the storm sewer facilities construction, excluding ~' those facilities located on Trunk Highway No. 494 and Trunk Highway 12 ~ -a a 93084 No. 494 entrance and exit ramps, to be performed north of Trunk Highway No. 494 within the Richfield corporate City limits under the , construction contract, Richfield shall provide for the proper routine maintenance of those facilities, without cost or expense to the State. 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, and minor structure and pipe 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. Upon completion of Richfield-owned utilities construction to be performed within the Richfield corporat° C-~y limits under the construction contract, Richfield sha11~-~~_ovide for the proper maintenance of those utilities, without :~ost,or expense to the State.. Richfield-owned utilities located ~,aithirs the trunk highway right-of-waywill be maintained~n accor~ance with the Utility Permit_ on file in the office of the State's i7iility Engineer in St. Paul. Upon completion of the w~lkway~ construction, including aesthetic concrete walk, to be perfo-mcd north of Trunk Highway No. 494 within the Richfield corporate Cit,.- limits under the construction contract, Richfield shall provide for the proper maintenance of the walkways, without cost or expense to the State. Maintenance includes, but is not. limited to, snow, ice .and debris removal, patching, crack repair, panel replacement, and any other maintenance activities necessary to perpetuate the walkways in a safe, usable and. aesthetically acceptable condition. Upon completion of the lighting facilities construction to be performed north of Trunk Highway No. 494 within the Richf"field corporate City limits under the construction contract, Richfield will become the owner of and provide for the proper maintenance of those .facilities. Maintenance includes but is not limited to; replacing faulty luminaires. and knocked down or otherwise .damaged poles; 13 ~- a3 • 93084 repairing or replacing underground facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the lighting facilities in working order; cleaning .and relamping the luminaires; and painting the lighting facilities.. Richfield will pay all monthly electrical service expenses necessary to operate the lighting facilities. Richfield will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole. Richfield-owned lighting facilities located within the trunk highway right-of-way will be maintained in accordance with the Utility Permit on file in the office of the State's Utility Engineer in St. Paul.. Upon satisfactory completion of the Bridge ~~To. 27x63 (Lyndale Avenue) construction over Trunk Highway No. 49- to be performed under the construction contract, Richfield shall r>_ovida for the proper maintenance of the "West Half" of 4~=~~e bridge traveled surface area,` • gutters, walk and ornamental metal railings without. cost or expense to the State. Maintenance shall inc,uae, but not be limited to; sweeping, graffiti removal, minor fainting, minor surface repair, debris removal, snow and ire rer.,oval without pushing snow onto Trunk Highway No. 494, pavement n,~arkings, guardrail and non-structurally supported signing;. and mind repair, painting and/or replacement of ornamental metal railing panels; and any other maintenance activities necessary to perpetuate. the "West Half" of the bridge in a safe, usable and aesthetically acceptable condition. Upon satisfactory completion of the landscaping, vegetation, aesthetic concrete walk, .ornamental railing and other aesthetic feature construction to be performed in the pork chop areas at the intersections of the west bound Trunk Highway No. 494 entrance and exit ramps with Lyndale Avenue within the Richfield corporate City limits under the construction contract, Richfield shall provide for the proper routine maintenance, repair and replacement of these items without cost or expense to the State. Routine maintenance and repair • includes, but is not limited to, graffiti removal, regular weeding, 14 ~-a~ 93084 trimming, liter and debris collection and removal, noxious weed control, removal and replacement of all plant materials that fail to survive, aesthetic concrete panel repair and replacement, ornamental railing repair and replacement, and any other maintenance activities necessary to perpetuate the landscaping, .vegetation and aesthetic features in a safe, usable and aesthetically acceptable condition. Richfield-owned irrigation systems located within the pork chop areas and the trunk highway right-of-way will be maintained in accordance with the Utility Permit on file in the office of the State's Utility Engineer in St. Paul. Section D. Maintenance by Bloomington Upon completion of the American Bouleva---i a_~d Lyndahe Avenue construction to be performed south of Tr~~i_Zk Highway No. 494 within the corporate Bloomington City limits t~raer the construction .contract, Bloomington .shall provide ~~r the proper maintenance of the roadways andall of the .facilities. a pest thereof, without cost or expense to the State. Maintenan__ ~~Lcludes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any othermaintenance activi~ies necessary toperpetuate the roadways in a safe and usable conditior_. Upon completion of the Clover Drive and Vilest 78th Street frontage road construction to be performed south of Trunk Highway No. 494 within the Bloomington corporate City limits under the construction contract,. Bloomington will provide for the proper routine maintenance of the .frontage road in accordance with the terms and conditions set forth in Agreement No. 1794, dated December 29, 1976, between the State .and the City of Bloomington. Upon completion of the storm sewer facilities construction, excluding those facilities located on Trunk Highway No. 494 and Trunk Highway No. 494 entrance and exit ramps, to be performed south of Trunk Highway No. 494 within the; Bloomington corporate City limits under • the construction contract, Bloomington shall provide for the proper 15 f as • 93084 routine maintenance of those facilities, without cost or expense to the State. 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, and minor structure and pipe 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. Upon completion of Bloomington-owned utilities construction to be performed within the Bloomington corporate City limits under the construction contract, Bloomington. shall provide for the proper maintenance of those utilities, without ~o,~t or expense to the State. Bloomington-owned utilities located w-thin tti~ trunk. highway right-of-way will be maintained in acc:;rdance with the Utility Permit on file in the office of the Statex's utility Engineer in St. Paul.. Uponcompletionof the walkw,~ys cons-raction, including aesthetic concrete walk, to be performed -:-ithin the Bloomington corporate City limits under the constrl:rtior_ contract, Bloomington shall provide for the proper. maintenance of ~hc walkways, without cost or expense to the State. Maintenance il~cudes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, and any other maintenance activities necessary to perpetuate the walkways in a safe, usable and aesthetically acceptable condition. Upon completion of the lighting facilities construction to be performed south of Trunk. .Highway No. 494 within the Bloomington corporate City limits under the construction contract, Bloomington will become the owner. of .and provide for the proper maintenance of those facilities. Maintenance includes but is not limited to; replacing faulty luminaires and .knocked down or otherwise damaged. poles; repairing or replacing underground facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the lighting facilities in working order; cleaning 16 1-a~ • 93084 and relamping the luminaires; and painting the lighting facilities. Bloomington will pay all monthly electrical service expenses necessary to operate the lighting facilities.. Bloomington will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole. Bloomington-owned lighting facilities located within the trunk highway right-of-way will be maintained in accordance with the Utility Permit on file in the office of the State's Utility Engineer in St. Paul. Upon satisfactory completion of the. .Bridge No. 27V63 (Lyndale Avenue) construction over Trunk Highway No. 494 to be performed under the construction contract, Bloomington shall provide for the proper maintenance. of the "East Half" of the br_agc traveled surface area, gutters, walk and ornamental metal rai-_ings ~~.~~thout cost or expense to the State. Maintenance shall inc~nde, but not be limited to; sweeping, graffiti removal, minor p~-n~ing, minor surface repair, • debris removal, snow and ice remc~-al v_thout pushing snow onto Trunk Highway No. 494, pavement ma_r}~ing~, guardrail and non-structurally .supported signing; and mir_or ~-~pair, painting and/or replacement of ornamental metal railing nanels;~and any other maintenance activities necessary to .perpetuate tie "Nast Half" of the bridge in a safe, usable and aesthetically ~~c~eptable condition. Upon satisfactory completion of the landscaping, vegetation, aesthetic concrete walk, ornamental railing and other aesthetic feature construction to be performed in the pork chop areas at the intersections of the east bound Trunk Highway No. 494 entrance and exit. ramps with Lyndale Avenue within the Bloomington corporate City limits under the construction contract, Bloomington shall provide for the proper routine maintenance, repair and replacement of these items without cost or expense to the State. Routine maintenance and repair includes, but is not limited to, graffiti removal, regular weeding, trimming, liter and debris collection and removal, noxious weed control, aesthetic concrete panel repair and replacement, ornamental railing repair and replacement, and any other maintenance activities 17 ~,~~ 93084 necessary to perpetuate the landscaping, vegetation and aesthetic features in a safe, usable and aesthetically acceptable condition. Section E. Maintenance by the State Upon satisfactory completion of the Trunk Highway No. 494 construction, including exit and entrance ramps. at Lyndale Avenue, to be performed within the corporate City limits of Richfield and Bloomington under the construction contract, the State shall provide for the proper maintenance of those roadways and all of the facilities apart thereof, without cost or expense to Richfield and Bloomington. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, storm sewer maintenance, tower lighting maintenance and power, and'ary other maintenance activities necessary. to perpetuate the ~-o~.dara-~rs in a safe and usable condition. • Upon satisfactory completion of the Bz-iage No. 27V63 (Lyndale Avenue) construction over Trunk Highway Igo. -~~4 to be performed under the construction contract, the ~~at2 shall provide for the major maintenance of Bridge Nom. ~7~,ih~ (Lyndale Avenue) and all of the facilities a part thereof, ~tiTitihout cost or expense to Richfield and Bloomington. Major mainte=lance includes but is not limited to inspection and structural maintenance of the bridge, including concrete. surfacing, abutments, piers, non-ornamental railings, and guardrail from bridge approach panel to bridge approach panel. Upon completion of .the Northwest Ramp Ditch pond construction to be performed .under the construction contract., the State shall provide for proper maintenance of the pond without cost or expense to Richfield and Bloomington. U 18 (-~.8 • 93084 ARTICLE VII - GENERAL PROVISIONS Section A. Replacement of CastincTs Richfield and Bloomington shall furnish its contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when .replacements are. required, without cost or expense to the State. Section B. Additional Drainage The parties to this Agreement shall not drain any additional drainage into the storm sewer facilities to be .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 fr~i;~. the other parties.. The drainage areas served by .the storm se~,e_ facilities constructed under the construction contract are shown ire a drainage area map, EXHIBIT "Drainage Area", which is on file in tr~~ office of the State's District Hydraulics Engineer at Roy°T~~ilJ~V and is incorporated into this Agreement by reference. Section C. Termination"of Agreement Each party may terminatE t=,is Agreement, with or without cause, by providing the other parties ~-pith written or fax notice of effective date of termination. The -State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, Richfield is entitled to payment-for services satisfactorily performed under this Agreement prior to the effective date of termination. 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 under this Agreement. Termination must be by written or fax notice to Richfield and Bloomington. The State is not obligated to pay for services performed after notice and effective date of termination.. Upon such 19 (~-- a~ • • 93084 termination, Richfield is entitled to payment for services satisfactorily performed under this Agreement prior to the effective. date of termination, to the extent the funds are available. _ Section D. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by the other parties, and either the legislative auditor. or the state auditor as appropriate, for a minimum of six. years from final payment. Section E. Claims Each party is responsible for its-own cmploy~~s for any claims arising under the Workers Compensation pct. ,teach party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and ~,ti-ill nat be responsible for the acts and omissions of othersandtn~ r~sul~s thereof. Minnesota Statutes Section 3.736 and other applicab"~= law govern liability of the State. Minnesota Statutes Chap~er ~~` and other applicable law govern liabilities of Richfield a~,_a Bloomington. Section F. Nondiscrimination -The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section G. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by Richfield and Bloomington City Council resolutions and executed by such State, Richfield and Bloomington officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. 20 ~-3~ • • 93084 ARTICLE VIII - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and .phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 366-4634. Bloomington's Authorized Agent for the purpose of the administration of this Agreement is Shelly Pederson, Bloomington City Engineer, or her successor.. Her current address-and phone number are 1700 West 98th Street, Bloomington, MN 55431-2501, (952) 563-4870.. Richfield's Authorized Agent for the pu~-~~~se of the administration of this Agreement is Kristin Asher, Rich"field City Engineer, or her successor. Her currentaddressand_phone num`~er are 6700 Portland Avenue, Richfield, MN 55423-2599, {6121 361-9795. 21 !~3( • 93084 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF BLOOMINGTON By Mayor Date By Title Date Approved as to form and execution: By David R. Ornstein, City Attorney • • 22 f~3Z c: 93084 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered Recommended for approva3: as required by Minn. Stat. ,§.§ 16A.15 and 26C.05. By By District Engineer Approved: Date By State Design Engineer MAPS Encumbrance No. Date. CITY OF RICHFIELD Appro, c: ss to form and execution: By _ Mayor Contract Management Date L, _, - BY COMMISSIONER OF.:ADMINISTRATION- As delegated to Materials Management Division .Title By Date Date • 23