2019-02-19 City Council Agenda Packetlbcrtvijj�
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City of Albertville Council Agenda
TUESDAY, February 19, 2019
City Council Chambers
7:00 p.m.
PUBLIC COMMENTS -The City of Albertville welcomes and encourages public input on issues listed on the agenda or of general community
interest. Citizens wishing to address the Council regarding specific agenda items, other than public hearings, are invited to do so under Public
Forum and are asked to fill out a "Request to Speak Card". Presentations are limited to five (5) minutes.
1. Call to Order
2. Pledge of Allegiance — Roll Call
3. Recognitions — Presentations — Introductions
4. Public Forum — (time reserved 5 minutes)
5. Amendments to the Agenda
6. Consent Agenda
All items under the Consent Agenda are considered to be routine by the City staff and will
be enacted by one motion. In the event an item is pulled, it will be discussed in the order it
is listed on the Consent Agenda following the approval of the remaining Consent items.
These items will be approved by a separate motion.
A. Approve the January 28, 2019 Joint Governance Meeting minutes as presented (pg 4)
B. Approve the February 4, 2019 regular City Council meeting minutes as presented (pgs
5-10)
C. Authorize the Tuesday, February 19, 2019 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at
City Hall upon request (pg 11)
D. Adopt Resolution 2019-006 approving an Off -Site Gambling Permit for the STMA
Youth Hockey Association for the STMA Ice Arena on March 23, 2019 (pgs 12-13)
E. Approve Payment Estimate 3 and Final to Omann Contracting Companies, Inc. in the
amount of $46,835.12
F. Approve Partial Payment Estimate 2 and Final to Omann Brothers Paving, Inc. in the
amount of $6,013.44
7. Public Hearings
1). Improvement Hearing — CSAH 19
• Presentation
• Open public hearing to consider improvements to CSAH 19 and the intersection with the
roads leading to the Premium Outlets atAlbertville mall and to the Promenade OutletMall in
the City ofAlbertville
• Call for public comment
• Motion to close the public hearing
P:ACity Council\Council Agendas\2019 Agenda Packets\2019-02-19 City Council Agenda.docx
Meeting Date: February 19, 2019
Agenda Page 1
City of Albertville Council Agenda
TUESDAY, February 19, 2019 Page 2 of 3
8. Department Business
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board,
FYCC, etc.)
B. Fire
1). Purchase of Two Truck -Mounted Mobile Radios (pgs 14-15)
(Motion to Authorize the purchase of 2 truck -mounted mobile radios for the Fire
Department. )
C. City Clerk
1). Set Local Board of Equalization and Appeals Meeting (pg 16)
(Motion to set the Local Board of Equalization and Appeals meeting for Monday,
April 15, 2019 at in the Council Chambers.)
D. Public Works/Engineering
1). Master Utility Agreement for I-94 Improvement Project (pgs 17-74)
• Motion to Adopt Resolution No. 2019-007 to Enter Into MnDot Agreement
No. 1032990 to Coordinate Utility Work And Payments from MnDot ivith the
City Of Albertville for State Project No. 8680-172
• Motion to Approve the Master Utility Agreement with the State of Minnesota
and the contractor to be selected by the State to construct the I-94
Improvement project.
2). CSAH 19 Landscaping (pgs 75-76)
E. Finance — None
F. Planning/Zoning — None
G. Building — None
H. Legal —None
I. Administration
1). City Administrator's Update
9. Announcements and/or Upcoming Meetings
February 18 City Offices Closed, Presidents' Day
February 19 City Council, 7:00 p.m.
February 25 Joint Powers Water Board, 6:00 p.m.
Parks Committee/Centennial Planning, 7:00 p.m.
March 4 City Council, 7:00 p.m.
March 11 STMA Ice Arena Board, 6:00 p.m.
March 12 Planning Commission, 7:00 p.m.
P:ACity Council\Council Agendas\2019 Agenda Packets\2019-02-19 City Council Agenda.docx
Meeting Date: February 19, 2019
Agenda Page 2
City of Albertville Council Agenda
TUESDAY, February 19, 2019 Page 3 of 3
March 18 City Council, 7:00 p.m.
March 25 Joint Powers Water Board, 6:00 p.m.
Parks Committee/Centennial Planning, 7:00 p.m.
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P:ACity Council\Council Agendas\2019 Agenda Packets\2019-02-19 City Council Agenda.docx
Meeting Date: February 19, 2019
Agenda Page 3
ST. MICHAEL — ALBERTVILLE SCHOOL DISTRICT 885
CITIES OF ALBERTVILLE AND ST. MICHAEL
JANUARY 28, 2019 — JOINT SPECIAL MEETING
The STMA School Board met in a joint session with officials from the cities of Albertville and
St. Michael on Monday, January 28, 2019, at 6:30 p.m. at the St. Michael City Center.
STMA School Board Members Present: Chairman Drew Scherber; Board Members: Kari
Dwinnell, Tim Lewis, Hollee Saville, Larry Sorensen, and Carol Steffens; and Superintendent
Dr. Ann -Marie Foucault.
City of Albertville Present: Mayor: Jillian Hendrickson; Councilors Rebecca Halling and John
Vetsch; and City Administrator Adam Nafstad.
City of St. Michael Present: Mayor Kevin Kasel; Councilors: Ryan Gleason, Joe Hagerty,
Nadine Schoen and Keith Wettschreck; City Administrator Steve Bot and City Clerk Diana Case.
Also present were County Commissioner Mike Potter and Crow River News Editor Aaron Brom.
The meeting was called to order at 6:35 p.m. St. Michael Councilor Wettschreck/School Board
Member Saville moved to set the agenda. All voted aye.
Partnerships.
St. Michael Administrator Bot reviewed a number of partnerships and collaborations between the
cities and school district, including: Family Youth Community Connections (FYCC), shared
facilities and buildings, the STMA Ice Arena Board, Safe Routes to School, water and sewer
services, shared staff and equipment, and the I-94 Coalition. He also provided the members with
an overview of several planned and funded expansion projects along I-94 from Maple Grove to
Clearwater that are expected to begin in 2019 and answered questions about the projects.
Introductions.
Each person present introduced themselves, explaining how they got to their position and what
they like best about the St. Michael -Albertville community.
School Facilities Project Update.
Superintendent Foucault provided an update on the school facility projects, which are mostly
complete except for a few items. She provided pictures of the projects, including: added security
entrances at three schools, repairs to the district pool, technology upgrades and purchases, energy
efficiency upgrades, classroom additions at the Primary School and High School, the STMA
dome facility and the STMA Ice Arena. She thanked both communities for their support of the
projects. There was general discussion about the use of the new facilities. It was stated the
dome has been very well used this year and the rental revenue is more than originally expected.
Equity in Education Update.
Dr. Foucault provided the members with the STMA Legislative Platform for 2019, which
includes the themes of adequacy, equity, and common sense. She spoke of the funding
disparities for school districts in the state (especially for STMA, which is near the lowest funded
in per pupil revenue) and is hopeful the state will change the formula to keep up with inflation
and share the cost of unfunded mandates. She plans to be at the State Capitol on February 61h
and February 13"' advocating for funding changes.
It was noted the next joint meeting is scheduled for Monday, April 29th at 6:00 p.m.
School Board Member Scherber/Albertville Mayor Hendrickson moved to adjourn at 7:50 p.m.
All voted aye.
Attest:
Mayor Kevin Kasel
Agenda Page 4
Albertville
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ALBERTVILLE CITY COUNCIL
Monday, February 4, 2019
DRAFT MINUTES
ALBERTVILLE CITY HALL
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE
Mayor Hendrickson called the meeting to order at 7:02 p.m.
2. ROLL CALL
7:00 PM
Present: Mayor Hendrickson and Councilmembers Cocking, Halling, Olson and Vetsch
Absent: None
Staff Present: City Administrator-PWD Adam Nafstad, City Attorney Mike Couri, City Planner
Alan Brixius, Finance Director Tina Lannes, Fire Chief Eric Bullen and City Clerk Kimberly
Hodena
Others Present: Rick and Jayne Anderson, Jay and Mary Eull, Steve and Suzanne Ackerman, Ben
Saffrin, Ron Touchette, Troy Anderson, Laurie Summerland, Keith Chalstrom, Lauryn White, Chris
McNaughton, Steve Gower, Princess Nimely
3. RECOGNITIONS — PRESENTATIONS — INTRODUCTIONS
A. 2018-2019 Fire Service Awards
Bullen reported the following members will or have reached their indicated years of service award
during 2019: Nate Dording and Tim Trainor (5 years), Matt Minette (10 years), and Darrick Asleson
and Josh Eull (15 years) with a special recognition to Bill Valerius (29 years) and Albert Barthel (37
years).
Bullen reported that the department averaged 55.3 hours of volunteer hours per member with Jacob
Kreutner having the most at 117 hours. Kyle Anderson responded to the most calls (234 or 63.93%)
receiving the Top Caller Award and was also voted to receive the Paul Heinen Above and Beyond
Award — both for 2018.
Hendrickson presented the service certificates to those members present at the meeting. The
Council thanked the department for their service.
4. PUBLIC FORUM
There was no one present for the forum.
Agenda Page 5
Page 1
5. AMENDMENTS TO THE AGENDA
There were no amendments to the agenda.
Motioned by Olson, seconded by Cocking, to approve the Agenda as presented. Ayes:
Hendrickson, Cocking, Halling, Olson and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
6. CONSENT AGENDA
All items under the Consent Agenda are considered to be routine by the City staff and will be
enacted by one motion. In the event an item is pulled, it will be discussed in the order it is listed on
the Consent Agenda following the approval of the remaining Consent items. These items will be
approved by a separate motion.
A. Approve the January 22, 2019 regular City Council meeting minutes as presented
B. Authorize the Monday, February 4, 2019 payment of claims as presented, except bills
specifically pulled which are passed by separate motion. The claims listing has been
provided to City Council as a separate document and is available for public view at City
Hall upon request
C. Adopt Resolution 2019-004 approving a new Lawful Gambling Premises Permit for the
International Association of Lions Rockford for Cedar Creek Golf Course for September 7,
2019
D. Approve a One -Day Temporary Consumption and Display Liquor License for February
16, 2019 for the Albertville Fire Hall, located at 11350 57th Street NE
E. Approve an exemption from the prohibition of consumption of liquor at the Fire Hall for
February 16, 2019
Motioned by Cocking, seconded by Olson, to approve the Consent Agenda as presented. Ayes:
Hendrickson, Cocking, Halling, Olson and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
7. PUBLIC HEARINGS — None
8. DEPARTMENT BUSINESS
A. City Council
1). Committee Updates (STMA Ice Arena, Planning, JPWB, Parks, Fire Board, FYCC,
etc.)
Nafstad reported that Councilmember Cocking and he, along with the St. Michael
administrator and mayor, met with the new Commissioner of Transportation. Hendrickson
thanked Nafstad for taking the time to make that meeting happen.
A. Planning/Zoning
1). PUD Amendment for The Outlets of Albertville Second Addition and The
Crossing Church
City Council Meeting Minutes Page 2
Regular Meeting of February 4, 2019 Agenda Page 6
Brixius reported that per Council direction from the last meeting, staff has incorporated limits
on the size, number and duration of hospitality uses in the east side of the outlet mall. He
stated that the mall is struggling to retain retailers in that location. Hospitality uses would
only be allowed in the east side and staff would have this application as an interim use to assist
with identifying any potential issues. The interim use could either expire or require mitigation
of issues at the end of three years. Brixius suggested that this be recorded so the city has the
recourse to either expire the use or request mitigation.
Brixius stated that staff is suggesting that they limit hospitality uses to two at one time. He
also suggested limiting each event to 200 participants, but the applicant would like to see it
increased to 300. Touchette responded the current congregation is approximately 80-100
participants and they anticipate doubling that number. Eventually he stated they hope to
outgrow that location and eventually build elsewhere.
Cocking inquired if the Council can make amendments to the PUD Agreement in the future
and Brixius reported they could. Cocking stated he didn't necessarily want to limit the size of
events if that will restrict the church, but he wants something that will work for all. Olson felt
it makes more sense to limit the square footage for the hospitality use. Brixius replied that
retail and hospitality have different requirements for square footage. He also indicated that
the church can run multiple services. However, they need to regulate parking as one space is
needed per three seats. He stated they also need to abide by Building and Fire Code. He also
wanted to be sure adequate attention is applied to siting, traffic flow and circulation, and
exiting. Cocking asked if the church was okay with the changes. Touchette stated they are
with the exception to participant limits. His concern is that the church doesn't want to be in
the position of turning people away. He stated their events are family and children oriented.
Olson inquired how many participants attend at the St. Michael Cinema services and
Touchette replied that it is more than 200; they use a theater and another room. He reiterated
that he expects them to grow rapidly. Cocking understood the need for more capacity
especially during Easter and Christmas time. Olson reiterated limiting hospitality to two
businesses it should limit the amount of overall square footage. Cocking inquired of the Fire
Chief about occupancy limits. Bullen stated that he agreed with Olson and would prefer
limiting the square footage. He reported that occupancy limits vary depending on lay out and
seating arrangements. Court stated that they could amend condition 2 to change the limit to
300, provided compliance with the MN State Fire Code.
Cocking inquired if there is an exclusivity clause in the lease to prohibit another church from
renting and Summerland stated there was not as it is a temporary use.
Motioned by Olson, seconded by Cocking, to Adopt Resolution Number 2019-005 entitled a
Resolution Approving A PUD Amendment to Exhibit 7 of The Outlets at Albertville Second
Addition Planned Unit Development Agreement and The Introduction of The Crossing
Church on Lot I Block I Outlets of Albertville Second Addition Located Within the City of
Albertville with amended conditions as provided by the City Attorney. Ayes: Hendrickson,
Cocking, Halling, Olson and Vetsch. Nays: None. Absent: None. MOTIONDECLARED
CARRIED.
City Council Meeting Minutes Page 3
Regular Meeting of February 4, 2019 Agenda Page 7
B. Fire
1). Fire Year End Review
Bullen provided information on 2018 incidents by major type and number. He reported that in
2019 they already had 47 calls and with it only the beginning of February they are on track to
have a record number of calls.
Cocking reported that portable radios are no longer serviced by the builder and they are no
longer making parts. Bullen stated these will eventually need to be phased out. He informed
the Council the turnout gear dryer is ordered.
Bullen reported on grant awards over the last year. Hendrickson inquired if individuals could
make donations or if corporations could do a match if an employee donated. Bullen replied
the National Fire Safety Council works with corporate donations and the money they have
raised has covered the cost of educational materials for the department.
Bullen went through pre -incident values and loss amounts.
The Council discussed response times and EMS service to Albertville.
C. Public Works/Engineering — None
D. Finance — None
E. City Clerk — None
F. Building — None
G. Legal —None
H. Administration
1). Wage Increase for City Administrator/Public Works Director
Couri reported that Nafstad is a contract employee and does not have set step increases as other
employees do when they are hired. In 2012 the position was created and the last pay increase was
in 2016. Couri reviewed the City Administrators achievements over the last few years and also
stated that this position is unique in that is a combined position of Administrator, Public Works
Director, and City Engineer. He added that this is a great cost savings to the city rather than having
three separate positions. He stated the increase would be effective February 5, 2019.
Cocking inquired if they should look at some type of step increase formula moving forward. Couri
replied they could but it would be difficult to find a position similar to this one to compare steps.
Cocking was supportive of the increase. Hendrickson wanted to point out that this position also is
responsible for management for the STMA Ice Arena, which responsibilities have grown with the
added sheet of ice. She also credited Nafstad with the successful land purchases need for the
Wastewater Treatment Plant improvements and park improvements. Court agreed and stated that
could have been a much greater expense than it was and they avoided condemnation proceedings.
City Council Meeting Minutes Page 4
Regular Meeting of February 4, 2019 Agenda Page 8
Court also stated that Nafstad hired a college intern as suggested by the City Council. Both
Hendrickson and Vetsch would like to see Nafstad have an assistant to help with workload and
response time. Hendrickson believes this would allow Nafstad to delegate some duties.
On a side note, Olson reported the Personnel Committee recently met. One of the big issues they
discussed was pay equity. He reported that although Albertville's starting wages are slightly higher
than the norm, the ending step for some positions is lower than the norm. They discussed possibly
adding a sixth step. Hendrickson felt it merited future discussion and Nafstad stated the committee
will meet again in April. Vetsch suggested a possible workshop to discuss. Nafstad noted the
Personnel Committee uses the data available from the League to review pay scales annually. Nafstad
also reported that the city is compliant with pay equity requirements. Olson wants to ensure that the
city maintains a stable staffing environment and employees are not leaving for higher pay. He felt
employee retention is important ,especially when they currently have good staff. There was brief
discussion on looking at a longevity pay incentive.
Motioned by Cocking, seconded by Vetsch, to Approve increase in City Administrator/Public
Works Director annual salary from $134,185.82 to $143,185.82, effective February 5, 2019. Ayes:
Hendrickson, Cocking, Halling, Olson and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
2). City Administrator's Update
Nafstad reported all easements for the WWTP improvements have been closed on. The State of the
Cities was very well attended this year and thanked the Mayor for her presentation. He also reported
staff will be meeting with Simon staff regarding their intent for the Promenade side of the outlet mall
as well as the intersection improvements on CSAH 19.
4. Announcements and/or Upcoming Meetings
February 11
STMA Ice Arena Board, 6:00 p.m.
February 12
Planning Commission, 7:00 p.m.
February 18
Presidents' Day, City Offices Closed
February 19
City Council, 7:00 p.m. — Tuesday
February 25
Joint Powers Water Board, 6:00 p.m.
Parks Committee/Centennial Planning, 7:00 p.m.
March 4
City Council, 7:00 p.m.
March 11
STMA Ice Arena Board, 6:00 p.m.
March 12
Planning Commission, 7:00 p.m.
March 18
City Council, 7:00 p.m.
March 25
Joint Powers Water Board, 6:00 p.m.
Parks Committee/Centennial Planning, 7:00 p.m.
City Council Meeting Minutes Page 5
Regular Meeting of February 4, 2019 Agenda Page 9
10. ADJOURNMENT
Motioned by Vetsch, seconded by Cocking, to adjourn the meeting at 8:45 p.m. Ayes:
Hendrickson, Cocking, Halling, Olson and Vetsch. Nays: None. Absent: None. MOTION
DECLARED CARRIED.
Respectfully submitted,
Kimberly A. Hodena, City Clerk
City Council Meeting Minutes Page 6
Regular Meeting of February 4, 2019 Agenda Page 10
A\1bertville Mayor and Council Request for Action
Smolt LWing. Big Ufs.
February 14, 2019
SUBJECT: CONSENT - FINANCE— PAYMENT OF BILLS
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Authorize the Tuesday, February 19, 2019 payment of the claims as presented
except the bills specifically pulled, which are passed by separate motion. The claims listing has
been provided to Council as a separate document. The claims listing is available for public
viewing at City Hall upon request.
BACKGROUND: The City processes claims on a semi-monthly basis. The bills are approved
through their respective departments and administration and passed onto the City Council for
approval.
KEY ISSUES:
Account codes starting with 810 are STMA Arena ExpensesNendors (bolded) and
key issues will be presented in the claims listing document.
POLICY/PRACTICES CONSIDERATIONS: It is the City's policy to review and approve
payables on a semi-monthly basis.
FINANCIAL CONSIDERATIONS: City staff has reviewed and recommends approval of
payments presented.
LEGAL CONSIDERATIONS: The Mayor and Council have the authority to approve all bills
pursuant to Minnesota State Law, which requires all bills to be paid in a timely manner,
generally within 30 days unless one party deten-nines to dispute the billing.
Responsible Person: Tina Lannes, Finance Director
Submitted through: Adam Nafstad, City Administrator-PWD
Attachment: List of Claims (under separate cover)
P:ACity Council\Council Packet Information\2019\021919\2019-02-19 Finance Bills Report (RCA).docx
Meeting Date: February 19, 2019
II
>,lb-crtville
Soul Town uNng. W9 City We. Mayor and Council Request for Action
February 14, 2019
SUBJECT: CONSENT - CITY CLERK— OFF -SITE GAMBLING PERMIT FOR STMA YOUTH
HOCKEY ASSOCIATION
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO: Adopt Resolution 2019-006 approving an Off -Site Gambling Permit for the
STMA Youth Hockey Association for the STMA Ice Arena on March 23, 2019.
BACKGROUND: The STMA Youth Hockey Association has submitted an application for an
Off -Site Gambling Permit for the STMA Ice Arena, located at 5898 Lachman Avenue NE, on
Saturday, March 23, 2019. This is for A Knight to Remember fundraising event for the youth
hockey program.
KEY ISSUES:
A resolution to approve the Off -Site Gambling Permit for the STMA Youth Hockey
Association is attached. Local governing board approval is required prior to submitting
the application to MN AGED.
This is a permit for a one-time off premise event.
The type of gambling to be conducted is a raffle and pull tabs.
POLICY/PRACTICES CONSIDERATIONS: The Mayor and City Council have the
authority to either approve or deny any gambling license application received by the City.
Responsible Person - Department: Kimberly A. Hodena, City Clerk
Submitted Through: Adam Nafstad, City Administrator — PWD
Attachments: Resolution 2019-006
LG230 Gambling Application
P:ACity Council\Council Packet Information\2019\021919\2019-02-19 STMA YHA Off Premise Gambling.docx
Meeting Date: February 19, 2019
12
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2019-006
A RESOLUTION APPROVING AN OFF -SITE GAMBLING
PERMIT FOR THE STMA YOUTH HOCKEY ASSOCIATION TO CONDUCT OFF -
SITE GAMBLING
WHEREAS, the STMA Youth Hockey Association has submitted an application for an
Off -Site Gambling Permit to conduct lawful gambling activities within the City of Albertville,
Minnesota, and,
WHEREAS, the purpose of the lawful gambling is to raise funds for the youth hockey
program, and,
WHEREAS, the lawful gambling will be a raffle held on March 23, 2019 at STMA Ice
Arena, located at 5898 Lachman Avenue NE, in Albertville, MN and,
WHEREAS, the STMA Youth Hockey Association intends to comply with all lawful
gambling rules and reporting requirements of the State of Minnesota and the City of Albertville,
and,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Albertville that the Off -Site Gambling Permit for the STMA Youth Hockey Association is
hereby approved and the State Gambling Control Board is authorized to process the application.
Adopted by the Albertville City Council this 191h day of February, 2019.
ATTEST:
Kimberly A. Hodena City Clerk
Jillian Hendrickson, Mayor
Agenda Page 13
A,lbertvi l le
S-11T-UW.9.IN9«"Uft. Mayor and Council Request for Action
February 14, 2019
SUBJECT: FIRE DEPARTMENT- PURCHASE OF 2 TRUCK -MOUNTED MOBILE RADIOS
RECOMMENDATION: It is respectfully requested that the Mayor and City Council consider
the following:
MOTION TO: Authorize the purchase of 2 truck -mounted mobile radios for the Fire
Department.
BACKGROUND: The Fire Department's radio equipment is part of a planned rotation of
equipment and budgeted in the Fire Department's capital plan.
With the arrival of two new fire trucks in June of 2019, the Fire Department will be looking into
the possibility of a Department wide radio update. The Fire Department is also waiting on the
result of their $58,014 grant request for 18 portable radios/chargers through the FEMA AFG
grant program.
The two radios currently being requested would be the truck -mounted radios for the new Engine
11 and Tower 11. Purchasing the radios now would allow for delivery, installation, and
programing during the truck build process, making the running of necessary wires and power
sources easier and less time consuming. The current truck specifications do include the
installation of the two proposed radios.
The purchase price of the 2 mobile radios is $7,273.50 and will be paid from the fire department
capital budget.
Staff is recommending approval of the purchase of 2 truck -mounted mobile radios for the Fire
Department.
KEY ISSUES:
• The Fire Department Board of Officers has reviewed the purchase and is recommending
Council action.
• The 2 truck -mounted mobile radios will be used in the 2 new fire trucks arriving in June.
• The purchase of the 2 truck -mounted mobile radios will allow for delivery, installation, and
programing during the truck build process.
• The purchase of the 2 truck -mounted mobile radios is funded and a part of the existing
capital plan of the Fire Department.
P:ACity Council\Council Packet Information\2019\021919\2019-02-19 Fire Radio RCA.doc
Meeting Date: February 19"i, 2019
14
Mayor and Council Request for Action — February 19, 2019
Purchase of SCBA's Page 2 of 2
POLICY CONSIDERATIONS: It is City policy for the Council to review and approve all
capital purchases and investments.
FINANCIAL CONSIDERATIONS: The cost associated with the radios will be funded as a
planned purchase and part of the Fire Department's capital budget.
LEGAL CONSIDERATIONS: The City has the authority to purchase equipment under the
State of Minnesota contract or by quotes.
Responsible Person/Title: Eric Bullen, Fire Chief
Submitted Through: Adam Nafstad, City Administrator-PWD
P:ACity Council\Council Packet Information\2019\021919\2019-02-19 Fire Radio RCA.doc
Meeting Date: February 19"i, 2019
15
Assessor's Office
10 2nd St. NW Rm 100
Buffalo, MN 55313
Ph: (763) 682-7367
Fax: (763) 684-4553
www.co.wright.mn.us
To: Albertville City
From: Keith Triplett, Wright County
Keith.Triplett@co.wright.mn.us
Date: January 29, 2019
Re: 2019 Local Board of Appeal and Equalization Dates
Monday April 15th
Day of the Week Date
Minnesota Law requires that the County Assessor set the date for your Local Board of Appeal and
Equalization Meeting. The 2019 Albertville City Local Board of Review and Equalization Meeting
has been tentatively set for April 15th at 6:30:00 PM. If this date is agreeable or must be changed
please contact Keith at 763-682-8957 or 1-800-362-3667 ext. 8957prior to February 15, 2019.
Minnesota Statues require that in order to hold a Local Board of Appeal and Equalization meeting in
2019 there must be a quorum and at least one of the voting members must have attended the approved
training. If your board has any questions or needs any information, please contact Keith.
time of 9:OOAM, 1:00PM & 3:OOPM. If your members are interested in starting the meeting earlier
than your tentatively scheduled time, please contact Keith. As there must be a quorum please notify
your board members with a request that they mark their calendars. More information, including a
summary of the duties and responsibilities of the Local Board of Appeal and Equalization will be
provided at a later date.
Your early completion and return of the attached tear off slip will be appreciated and we will send
your official notice for posting as required by law. Please return to Keith Triplett, Wright County
Assessor Office, at the above address or email address or fax to our office at 763-684-4553.
---------------------------------------------------------------------------------
CONFIRMATION
Municipality:
Date/Time:
Location Address:
For selecting meeting dates in future years, the following information will be helpful.
An AWRW"Myt%ployer
�lbcrtvi j jc S-1T..UNng.ftCity Lft. Mayor and Council Request for Action
February 14, 2019
SUBJECT: PUBLIC WORKS - MASTER UTILITY AGREEMENT WITH THE STATE OF MINNESOTA
FOR UTILITY WORK ON THE I-94 PROJECT.
RECOMMENDATION: It is respectfully requested that the Mayor and Council consider the
following:
MOTION TO:
Adopt Resolution No. 2019-007 to Enter Into MnDot Agreement No. 1032990 to
Coordinate Utility Work And Payments from MnDot with the City Of Albertville for
State Project No. 8680-172
Approve the Master Utility Agreement with the State of Minnesota and the contractor to
be selected by the State to construct the I-94 Improvement project
BACKGROUND: The State of Minnesota will be entering into a design -build contract with a
contractor for the expansion of I-94 to six lanes from St. Michael to Albertville. The City has
several watermains, storm sewer lines, and sanitary sewer mains that cross I-94 and may be
impacted by the expansion. Because our utilities are in the State's right of way under permit
from the State, we are subject to the State's regulation of our utilities. As part of that regulation
the State is requiring that the City enter into the Master Utility Agreement (MUA).
Normally, the State would design the entire new roadway and both the State and the City could
see what changes, if any, would need to be made to the City's utilities that cross under I-94 and
any issues could be worked out before the State issues a contract for the construction work.
However, because the State intends to let a design -build contract, no one will know how the
City's utilities will be impacted at the time the contract is let as the design of the road will not be
complete until after the contract is let by MNDOT.
The State is asking the City to enter into a MUA that will govern how utility issues will be
addressed and paid for once they are identified. The MUA will be between the City, the State
and the contractor that is finally chosen by the State to do the entire I-94 expansion work.
The MUA addresses who will pay for what types of improvements, sets forth procedures for the
design, construction and inspection of necessary utility work, governs the resolution of disputes
that may arise between the City and the I-94 contractor, etc.
KEY ISSUES:
P:ACity Council\Council Packet Information\2019\021919\RCA re State Utility Agreement, 2-18-19.docx
Meeting Date: February 19, 2019
17
Mayor and Council Request for Action — (February 19, 2019)
State Master Utility Agreement Page 2 of 2
• The State will pay for the relocation of any utilities that must be moved as a result of the
project.
• The City must pay for all other utility work that is required to make the project work.
For example if the casing that a sewer pipe is located in must be extended because a third
driving lane is being added, the City would pay the cost of installing the extended casing.
• The City's engineers will need to review the plans prepared by the I-94 contractor to
make sure that the construction will not have any adverse impact on our utilities that are
currently under the Interstate.
• The City's engineering inspectors will need to inspect all utility construction work being
performed.
• If utility work needs to be performed, the City can choose to perform the work itself (i.e.
hire a contractor) or have the I-94 contractor perform it.
• If the City fails to timely complete an action required under the MUA, it will be liable to
the State and the contractor for any additional costs incurred because of the City's delay.
• The City must defend, indemnify and hold harmless the state from intentional, willful
and negligent acts, as well as actions imposing strict liability and contract and warranty
breaches.
POLICY/PRACTICES CONSIDERATIONS: The State is requiring that the City enter into
the MUA as a means of governing any changes that may be required to the City's utilities
presently located in the State's I-94 right of way.
FINANCIAL CONSIDERATIONS: There will definitely be some engineering costs incurred
by the City related to this Agreement and possibly some construction costs, but because the
design of the roadway has not been completed yet, it is impossible to estimate these costs.
LEGAL CONSIDERATIONS: The State is legally obligated to pay for the cost of relocating
our utilities in the Interstate 94 right of way if relocation becomes necessary. While the statute
requiring the State to pay relocation costs does not require the City to enter into this agreement,
the State likely has the authority to require the City to enter into this Agreement as a condition of
keeping our utilities in the State's right of way.
Department/Responsible Person: Adam Nafstad, City Administrator-PWD
Mike Couri, City Attorney
Submitted Through: Adam Nafstad, City Administrator-PWD
Attachments:
Resolution No. 2019-007
Master Utility Agreement
P:ACity Council\Council Packet Information\2019\021919\RCA re State Utility Agreement, 2-18-19.docx
Meeting Date: February 19, 2019
18
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2019-007
A RESOLUTION TO ENTER INTO MNDOT AGREEMENT NO. 1032990
TO COORDINATE UTILITY WORK AND PAYMENTS FROM MNDOT
WITH THE CITY OF ALBERTVILLE FOR
STATE PROJECT NO.8680-172
WHEREAS, the Commissioner of Transportation has prepared a final layout for State
Project 8680-172 on Trunk Highway 94 within the City of Albertville for highway expansion
and ramp improvements; and
WHEREAS, said final layout is on file in the District 3 Minnesota Department of
Transportation office, St. Cloud, Minnesota, being marked as Layout No. 1C, S.P. 8680-172,
from R.P. 200.842 to 205.338; and
WHEREAS, the State of Minnesota will be entering into a design -build contract with a
contractor for the construction of improvements consistent with said final layout; and
WHEREAS, The City has several watermains, storm sewer lines, and sanitary sewer
mains that are cross I-94 and may be impacted by the expansion; and
WHEREAS, it is understood certain watermains within the corporate City limits are
owned by the Joint Powers Water Board and operated by the City of Albertville. MnDOT will
coordinate all changes to said watermains, including reimbursement, with the City of Albertville.
NOW, THEREFORE, BE IT RESOLVED that the City of Albertville enters into
Mn/DOT Agreement Number 1032990 with the State of Minnesota, Department of
Transportation, for the following purpose:
To a establish a general framework for processing and coordinating utility work
associated with the project.
To describe the payment by the Minnesota Department of Transportation to the City of
Albertville for its share of costs of the relocation and other associated construction to be
performed on, along, and adjacent to Trunk Highway Number 94 in the corporate City
limits under State Project Number 8680-172.
BE IT FURTHER RESOLVED that the Mayor and the City Clerk are authorized to
execute the Agreement and any amendinents to it.
Agen$a Plge 19
age
City of Albertville
Meeting of February 19, 2019
Resolution No. 2019-007
Page 2
Adopted by the Albertville City Council this 191h day of February, 2019.
Jillian Hendrickson, Mayor
ATTEST:
Kimberly A. Hodena, City Clerk
Agenda Page 20
City of Albertville
Meeting of February 19, 2019
Resolution No. 2019-007
Page 3
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Albertville at an authorized meeting held on the 19th day of February, 2019, as
shown by the minutes of the meeting in my possession.
Signature
Type or Print Name
Title
(Seal)
Agenda Page 21
Prepared by the
Utility Agreements and Permits Unit
(No Money)
($0.00)
S.P. 8680-172 (T.H. 94)
Location: from CSAH 19 in Albertville to TH
241 in St. Michael
Utility Owner: City of Albertville
MnDOT Agreement Number 1032990
S.P. 8680-172 (T. H. 94)
DESIGN -BUILD PROJECT
MASTER UTILITY AGREEMENT WITH
THE CITY OF ALBERTVILLE
THIS MASTER UTILITY AGREEMENT (MUA) is made and entered into this day of
, 2019 among the State of Minnesota, acting through its Commissioner of
Transportation, (MnDOT); the City of Albertville, acting through its City Council, and including all of its
agents, contractors, and subcontractors (Utility Owner); and , a [joint
venture] [ Corporation] [partnership], including all of its agents, contractors,
and subcontractors (Contractor).
RECITALS
MnDOT has entered into a design -build contract (DB Contract) with the Contractor to design and
construct State Project Number 8680-172 on Trunk Highway Number 94 (Project). The Project is located
from CSAH 19 in Albertville to TH 241 in St. Michael. The Project includes main line roadway
reconstruction, collector road construction, bridge replacements, stormwater basin construction and
construction of auxiliary lanes. .
The Utility Owner owns and operates buried water mains and sanitary sewers, their fixtures, and related
equipment (Facilities) inside the limits of the Project. The Project may cause changes to the Facilities.
These changes may include relocation work, protection in place, removal, replacement, reinstallation,
and/or modification of the Facilities.
MnDOT will reimburse the Utility Owner for the costs of relocation work that is necessitated by the
Project and located in interstate Right of Way.
The Utility Owner will be responsible for all other costs, including Betterments. The Utility Owner will
either perform this work or reimburse the Contractor for performing it.
MnDOT requires the Contractor to include the costs of performing this Utility Work in its proposal price
for the DB Contract.
Agenda Page 22
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
State law requires a written agreement among the parties to set forth the terms and conditions for the
design, construction, and payment of the relocation work.
I. Master Agreement
This MUA establishes a general framework for processing the Project Utility Work, whether the
Contractor or the Utility Owner performs that work. The actual performance of the Utility Work will
be pursuant to Work Orders issued under this MUA, as described in Section VI.
A. Definitions: The definitions of the terms in Exhibit A apply when they are used in the
MUA.
B. Legal Authority. The Utility Owner and the Contractor possess the legal authority to enter
into this MUA and have taken all actions required by their procedures, by-laws, and/or
applicable law to exercise that authority, lawfully authorize their undersigned signatories to
execute this MUA, and bind the Utility Owner and the Contractor to its terms. Minnesota
Statutes, sections 161.45 and 161.46 authorize MnDOT to enter into this MUA. The
persons executing this MUA on behalf of the Utility Owner, MnDOT, and the Contractor
have full authorization to do so.
C. Delegation to the Contractor. MnDOT will perform the design and construction of the
Project by means of a DB Contract with the Contractor that MnDOT has procured in
compliance with Minnesota Statutes, sections 161.3410-.3428. MnDOT's entry into this
DB Contract may have an impact on the Project Utility Work, including, without limitation,
matters relating to scheduling and coordination. MnDOT may delegate to the Contractor
the duty to perform certain MnDOT obligations in lieu of MnDOT performing them.
MnDOT will retain its obligations to pay the Utility Owner or the Contractor, and/or collect
payment from the Utility Owner or Contractor, as applicable, for performing the required
Utility Work.
D. Term: This MUA is effective on the date MnDOT obtains all signatures required by
Minnesota Statutes, section 16C.05, subdivision 2. In no event will the term of this MUA
exceed a duration of five years. No Work Order will survive the expiration of this MUA.
This MUA will continue until the earlier of five years or when:
1. All of the Project Utility Work has been completed;
2. MnDOT makes the final payment owed to the Utility Owner, if any; and
3. The Utility Owner repays MnDOT for the Contractor's performance of any Utility
Work for which the Utility Owner was responsible for the cost.
Page 2 of 22
Agenda Page 23
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
E. Cancellation: MnDOT may terminate this MUA at any time, with or without cause, on 30
Calendar Days written notice to the Contractor and the Utility Owner. The termination of
this MUA does not relieve the Utility Owner of any obligations under the Notice and Order.
Cancellation Without Cause: MnDOT may cancel this MUA at any time if it
determines that doing so is in MnDOT's or the public's best interest. Upon
termination, all finished and unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports, and other material that the Utility
Owner and the Contractor prepared under this MUA will become MnDOT's
property at MnDOT's discretion. The Contractor and Utility Owner will be entitled
to payment, on a pro rata basis, for satisfactorily performed services.
2. Cancellation or Suspension for Insufficient Funding: MnDOT may cancel or
suspend this MUA if the Minnesota Legislature, or another funding source, does
not provide all of the funds or sufficient funds to pay for the Utility Work. In the
event of this termination or suspension, the Contractor and Utility Owner will be
entitled to payment, on a pro rata basis, for satisfactorily performed services to the
extent funds are available.
3. Cancellation for Cause or Default: If the Utility Owner or the Contractor fail to fulfill
their obligations under this MUA in a timely and proper manner, or if either party
otherwise breaches this MUA, MnDOT has the right to terminate this MUA for
cause upon giving the Utility Owner and the Contractor written notice and a 30-
Calendar-Day opportunity for the defaulting party to cure the default or show cause
why the termination is inappropriate. Such termination will be at MnDOT's sole
discretion and will not limit any other available remedy. Upon termination, all
finished and unfinished documents, data, studies, surveys, drawings, maps,
models, photographs, reports, and other material that the Utility Owner and the
Contractor prepared under this MUA will become MnDOT's property at MnDOT's
discretion. The Contractor and Utility Owner will be entitled to payment, on a pro
rata basis, for satisfactorily performed services.
a. Notwithstanding the above, the Utility Owner and the Contractor will not be
relieved of liability to MnDOT for any damages MnDOT sustains due to any
breach of this MUA. MnDOT may withhold any payment to the Utility
Owner or the Contractor to mitigate its damages until the exact amount of
damages due to MnDOT from the Utility Owner or the Contractor is
determined.
b. If it is determined for any reason after cancellation that the Contractor or
Utility Owner was not in default, or that the Utility Owner's or the
Contractor's action or inaction was excusable, the cancellation will be
treated as a cancellation without cause, and the rights and obligations of
MnDOT and the Utility Owner or Contractor (whichever is applicable) will
Page 3 of 22
Agenda Page 24
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
be the same as if MnDOT had canceled the MUA without cause, as
described in Article I.E.1.
F. Data Practices: All parties must comply with the Minnesota Government Data Practices
Act (Minnesota Statutes, chapter 13), as it applies to any data received, collected, stored,
or disseminated by a party to this MUA or the work performed under it. The Act provides
for civil liability for failure to comply with its requirements.
G. Conflict: In the event of a conflict between this MUA, its incorporated material, or its
exhibits and attachments, the parties will resolve that conflict or inconsistency in favor of
the most restrictive provision, as MnDOT determines at its discretion.
II. Technical Criteria/Standards/Requirements
A. Federal and State Requirements: The Contractor and Utility Owner must comply with all
applicable federal and State laws, rules, and regulations, including all environmental laws
and regulations on the Project. The Contractor and the Utility Owner must require
compliance with these laws and regulations in all subcontracts entered into under this
MUA.
B. Standard Conditions: The standards, procedures, and terms in this MUA, any subsequent
Work Orders, and all MnDOT Utility Permits will govern the performance of the Utility
Work and any related payment (if applicable). The following provisions are incorporated
herein as terms and conditions of this MUA:
Title 23, Code of Federal Regulations, Part 645, and the edition of the FHWA
Program Guide: Utility Adjustments and Accommodation on Federal Aid Highway
Projects (Federal Regulation), in effect at the execution of this MUA, and any
subsequent amendments and replacements;
2. MnDOT's Policy for Accommodation of Utilities on Highway Right of Way;
3. The Notice and Order; and
4. All exhibits and policies referenced herein.
C. General Criteria and Standards: All Utility Work must be consistent with this MUA and the
Utility Owner's current, reasonable, written specifications; standards of practice;
construction methods; and any applicable Utility Permit requirements.
If the Contractor is performing the design, the Utility Owner must provide the
necessary written specifications, standards of practice, and construction methods
to MnDOT and the Contractor no later than the beginning of the design. If the
Page 4 of 22
Agenda Page 25
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Utility Owner does not provide these documents, the Contractor will be under no
obligation to follow them.
2. If the Utility Owner is performing the design, it must provide all current written
specifications, standards of practice, and construction methods to MnDOT and the
Contractor no later than the date the Work Order for the Utility Work is signed.
D. Plans: The plans for the design of the Utility Work must show at least the existing
topography, Right of Way, lanes of travel, the x and y coordinates of the Facilities'
location, and the z coordinate of the Facilities' location, if applicable.
The most recent plans and specifications will govern the scope of the Utility Work.
When the final plans are completed they will supplement or replace any previous
plans or specifications, as applicable.
III. Quality Management
The Utility Owner will be responsible for the quality control of all Utility Work, regardless of which
party performs it. Any quality control that the Contractor elects to provide for the Utility Work will
be in addition to, not in lieu of, the Utility Owner's quality control. The Utility Owner will operate all
valves and supervise all shut -offs and disconnections for the construction of the Utility Work. The
Utility Owner must notify MnDOT in writing of all cases of a performing party's noncompliance no
more than fourteen Calendar Days after the Utility Owner knew or should have known of the
noncompliance.
IV. Coordination
The Utility Owner, MnDOT, and the Contractor will coordinate their efforts and cooperate with
each other to ensure that the party performing any work does so promptly and without
disturbance to other Project work, minimizes delay and uncertainty, and eliminates excess cost.
Coordination will include the following tasks.
A. Initial Coordination Meeting: When the party preparing the plans achieves a level of
design where utility conflicts can be determined, the Contractor and the Utility Owner will
conduct an initial coordination meeting before beginning the Work Order process. At this
meeting, the Contractor and the Utility Owner will address pertinent information for the
Utility Design Sheets (UDSs) and discuss potential conflicts. Once the Contractor has the
UDS information, a preliminary level of design, and estimated costs, it will schedule a
meeting with MnDOT and the Utility Owner to:
Review the Final Design and construction schedules for the work at each UDS
location;
Page 5 of 22
Agenda Page 26
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
2. Review proposed conflict resolutions;
3. Coordinate the performance of the Project work with the Utility Work at each UDS
location; and
4. Negotiate the Work Orders.
B. Coordination of Relocations: The Contractor will avoid relocating the Utility Owner's
Facilities to the extent practicable. If the Contractor and the Utility Owner cannot agree
whether a relocation can be avoided, MnDOT will determine the appropriate course of
action at its discretion. When practicable, the Facilities will be left in -place and protected.
When physical relocation of the Facilities is not reasonably avoidable, the Utility Owner
will relocate (or allow the Contractor to relocate) those Facilities. The Utility Owner must
use its best efforts to cooperate with MnDOT and the Contractor to identify any joint users
of the Facilities and to assist in the Utility Work.
C. Change in Contractor's Design: If the Contractor changes the design of a relocation to
which the Utility Owner has agreed, and one of the parties has commenced the design or
physical construction of that relocation, the Contractor and the Utility Owner must
coordinate to change the design and/or relocation of those Facilities. Article VIII.B of this
MUA describes the payment process for additional design and/or relocation changes.
D. Ongoing Coordination
MnDOT, the Utility Owner, and the Contractor will meet as each party reasonably
requests to review and coordinate time schedules and track Utility Work progress.
2. The Utility Owner will not Interfere with the Project work.
V. The Utility Design Sheet
The Contractor will prepare a UDS, in substantially the same form as Exhibit B, to describe the
Project Utility Work at each specific location.
VI. Work Orders
A party to this MUA will commence Utility Work only after all the parties to this MUA have
executed a Work Order and MnDOT has issued any necessary Utility Permits.
A. Form: The Work Orders will be in substantially the same form as Exhibits C(1) and C(2).
B. Contents/Amendment., The Work Order, and any agreements or documents executed or
prepared pursuant to it:
Page 6 of 22
Agenda Page 27
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Will include:
a. The design plans;
b. Any available, applicable design details;
C. Any Right of Way/easement documents at the UDS location;
d. The scope of the Utility Work;
e. The party responsible for performing the Utility Work;
f. The lump sum or estimated amount of the Utility Work, as applicable;
g. The Utility Work schedule;
h. The Utility Owner's special scheduling considerations (e.g., winter gas
loads and summer electric loads):
i. The Utility Owner's Inspection fees; and
j. Any other conditions applicable to the Work Order that this MUA does not
already address.
2. May also amend the terms and conditions of this MUA upon inclusion of
appropriate language describing the change.
C. Negotiation: MnDOT, the Utility Owner, and the Contractor must promptly meet and
confer to resolve any comments or disagreements regarding the Work Order through
good faith negotiation. The Contractor will prepare the Work Order after the parties
resolve the comments or disagreements.
D. Submission/Response/Execution: The Contractor will provide notice of the Utility Work
and its schedule in a Work Order to the Utility Owner. The Utility Owner will respond (by
executing or commenting on problems) to all Work Orders no more than 14 Calendar
Days after receiving them. The Contractor shall submit four originals of each Work Order
(including any exhibits) to Mn/DOT for Approval upon execution by the Utility and
Contractor. Mn/DOT will respond with comments no later than 10 Working Days after
receipt. Failure to execute a Work Order will not excuse any party's failure to perform any
legal obligation.
E. Standards: All standards, procedures, terms, and conditions set forth in this MUA, and in
all MnDOT Utility Permits issued subsequent to the execution of the Work Orders, will be
incorporated into each Work Order. Failure to execute a Work Order will not excuse any
party's failure to perform any legal obligation.
F. Work Order Effective Date: A Work Order and the obligations therein will be effective on
the date MnDOT obtains all required signatures under Minnesota Statutes, section
16C.05, subdivision 2.
Page 7 of 22
Agenda Page 28
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
G. Notice of Completion: Upon completion of the Utility Work, the party who performed it will
provide a notice of completion to the other party.
VII. Performance of the Utility Work
All Utility Work must follow the terms of the Notice and Order and the Work Order. The
Contractor and the Utility Owner may split the responsibilities for the design and construction
elements of the Utility Work at any particular UDS location, or perform one or both of the
elements itself, according to this section.
A. Responsible Party. The Work Orders (Exhibits C(1) and C(2)) indicate which party will be
responsible for designing and constructing the Utility Work at a particular UDS location.
That party must complete all Utility Work pursuant to the Notice and Order.
B. Time of Essence: Time is of the essence in the performance of any Utility Work.
C. Design
Contractor Design: The Contractor may design the Utility Work along with the
Project Work if the Utility Owner so authorizes in a Work Order. The Contractor
must complete the design according to the schedule in the Work Order. The
design will be subject to the Utility Owner's Approval by execution of a Design
Approval Letter (Exhibit D(1)). The Utility Owner will not unreasonably withhold
this Approval.
2. Utility Owner Design: The Utility Owner may design the Utility Work according to a
Work Order. The Utility Owner must complete the design according to the
schedule in the Work Order. The design will be subject to the Contractor's
Approval by execution of a Design Approval Letter (Exhibit (D(2)). The Contractor
will not unreasonably withhold this Approval.
D. Construction
Contractor Construction: The Contractor may construct the Utility Work along with
the Project Work if the Utility Owner so authorizes in a Work Order. The
Contractor must complete the construction according to the schedule in the Work
Order. The construction will be subject to the Utility Owner's Inspection and
Approval by execution of a Construction Inspection Acceptance Letter (Exhibit
E(1)). The Contractor must provide as -built plans of the Facilities to MnDOT and
the Utility Owner no more than 90 Calendar Days after receiving the Construction
Approval Letter (Exhibit E(3)). Notwithstanding anything in this MUA or Minnesota
Rules, part 8810.330 to the contrary, the Utility Owner will not be liable for
damages that result from the Contractor's failure to perform the Utility Work.
Page 8 of 22
Agenda Page 29
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
2. Utility Owner Construction: The Utility Owner may construct the Utility Work
according to a Work Order. The Utility Owner must complete the construction
according to the schedule in the Work Order. Construction will be subject to the
Contractor's Inspection and Approval by execution of a Construction Inspection
Approval Letter (Exhibit E(2)). The Utility Owner must provide as -built plans of the
Facilities to MnDOT no more than 90 Calendar Days after receiving the
Construction Approval Letter (Exhibit E(2)).
3. Traffic Control: The Contractor will, at its own cost, provide traffic control for any
Utility Work, regardless of which party performs that Utility Work.
4. Utility Owner to Perform Inspection: The Utility Owner will Inspect any Utility Work
that the Contractor constructs. The Utility Owner will coordinate Inspections with
the Contractor.
a. The Utility Owner will Inspect the Contractor's construction Utility Work no
more than 7 Calendar Days after the Contractor has completed it. If the
Utility Owner determines that the completed Utility Work is consistent with
the Technical Criteria/Standards/Requirements in Article II, it will provide
the Contractor with a signed Construction Inspection Acceptance Letter
(Exhibit E(1)) for the work no more than 14 Calendar Days after its
completion. The Utility Owner will have the right to reject Utility Work that
does not meet the Technical Criteria/Standards/Requirements. If the Utility
Owner rejects any of the Utility Work, it must notify the Contractor, in
writing, of its grounds for rejection and provide suggestions for correcting
any problems. The Utility Owner will review the revised Utility Work no
more than 7 Calendar Days after receiving notice of its completion, unless
the Work Order requires a different time period. As part of the Inspection,
the Contractor must provide the Utility Owner with a certification by a
Minnesota -licensed Professional Engineer indicating that the Utility Work
was constructed according to the Approved design and the Work Order
requirements.
b. The Utility Owner's Inspection, Acceptance, and Approval of the Utility
Work will not be construed as the Utility Owner's waiver of any Claim it may
have under applicable law.
E. Permits: The party responsible for constructing the Utility Work at a particular LIDS
location will be responsible for obtaining all necessary permits. These permits include the
MnDOT Utility Permits and those from local authorities with jurisdiction over the Right of
Way used for Utility Work outside the Project limits. All parties must cooperate in that
process as needed. When the Contractor is responsible for the Utility Work, the Utility
Page 9 of 22
Agenda Page 30
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Owner and the Contractor agree to coordinate to prepare and submt the MnDOT
Application for Utility Accommodation on Trunk Highway Right of Way, Form 2525
(Permit), as necessary. To the extent practicable, all utility Permits will be issued
subsequent to the Final Design of the Utility Work for the respective Work Order.
F. Incidental Utility Work: Regardless of which party is responsible for performing the Utility
Work, the Contractor will be solely responsible for performing any Incidental Utility Work.
Incidental Utility Work includes all In-Place/Out-of-Service Work and Protection In -Place of
Facilities.
G. Prequalified Subcontractors/Subconsultants: If the Contractor is responsible for designing
and/or constructing the Utility Work, it must use a subcontractor or subconsultant that the
Utility Owner has pre -qualified to perform that work or become prequalified itself. The
Utility Owner will prepare and provide the Pre -Qualified Consultants and Contractors List
to MnDOT and the Contractor no more than seven Calendar Days after this MUA's
execution. The Utility Owner will provide updates to the list as needed to MnDOT and the
Contractor. If the Utility Owner does not provide a list, the Contractor may use other
subcontractors or subconsultants. If the subcontractors or subconsultants on the list are
not reasonably available, the Contractor may use other subcontractors or subconsultants
upon receiving the Utility Owner's Approval.
Vill. Responsibility for Cost
A. General: Applicable Laws of the State of Minnesota, including Minnesota Statutes,
section 161.45 and 161.46, and Minnesota Rules, part 8810.3300, subpart 3 will
determine cost responsibility between MnDOT and the Utility Owner.
B. Change in Contractor's Design: Regardless of the initial cost responsibility, if the
Contractor changes the design of a relocation to which the Utility Owner has agreed, and
one of the parties has commenced that relocation, the Contractor will be responsible for
paying the resulting cost. Where MnDOT is responsible, the Contractor agrees to assume
MnDOT's statutory responsibility for the payment of such design or additional relocation.
This provision does not alter MnDOT's statutory requirements for reimbursement to the
Utility Owner, or the Utility Owner's ability to file a Claim for reimbursement for such costs
with MnDOT.
C. Dispute Resolution: If there is a Dispute concerning cost responsibility, the parties will
attempt to resolve that Dispute according to the provisions of Article XVII below. If a good
faith Dispute continues after that attempt, and if MnDOT consents in writing, the parties
will proceed with the Utility Work at MnDOT's cost, subject to MnDOT reserving all
applicable legal and equitable rights to later pursue reimbursement, plus interest and
costs, expenses, and damages, from the Utility Owner or the Contractor.
Page 10 of 22
Agenda Page 31
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
D. Depreciation: Depreciation credit will only be allowed to MnDOT or the Contractor to the
extent authorized by 23 CFR 645.117 (h)(2) for the depreciation or deterioration of
replaced or altered Facilities.
E. Salvage
When the Utility Owner is responsible for performing the Utility Work under a Work
Order and MnDOT is responsible for its cost, the Utility Owner must give credit to
MnDOT for the salvage value of that work, as explained in 23 CFR 645.117 (h),
and in the applicable Work Order.
2. If the Contractor recovers materials when performing the Utility Work that no party
will reuse, those materials will become the Contractor's property.
F. Betterments: The Utility Owner is responsible for the cost of any Betterments to its
Facilities.
IX. Betterment
A. As MnDOT determines at its discretion, Betterment work may be eligible to be performed
if:
It is compatible with the Project Work;
2. It would not Interfere with the Project Schedule; or
3. Separating the Betterment work from any related Utility Work that the Contractor is
responsible for performing is feasible.
B. The Utility Owner will be responsible for the cost of any Betterments. If the Utility Owner
wishes to include eligible Betterment work at a location where the Contractor is
responsible for performing the Utility Work, the Utility Owner will negotiate the cost (on a
lump sum or actual cost basis) for that Betterment work directly with the Contractor. The
Utility Owner must provide a copy of that lump sum amount or actual cost estimate to
MnDOT.
If the Utility Owner authorizes the Contractor to do the Betterment work, MnDOT,
the Utility Owner, and the Contractor must execute a Work Order describing the
terms and conditions of that work. Upon the execution of the Work Order, the
Utility Owner will pay the negotiated price of the Betterment work to MnDOT.
MnDOT will then add the Betterment work to the DB Contract with the Contractor.
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S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
2. If the parties cannot agree to a lump sum cost for the Betterment work, the
Contractor will perform the work on a time and materials basis pursuant to the DB
Contract. The Utility Owner will pay MnDOT the total, actually incurred cost on
that basis.
a. If the Contractor performs the work on an estimated time and materials
basis, and the actual costs for the work exceed the estimated amount, the
Utility Owner will pay those excess costs to MnDOT.
b. If the Contractor performs the work on an estimated time and materials
basis, and the actual costs for the work are less than the estimated
amount, MnDOT will promptly refund the remaining amount to the Utility
Owner. MnDOT will make that refund no more than 30 Calendar Days
after receiving an invoice and supporting documentation for that work.
3. If the Utility Owner does not accept the Contractor's offered price for the
Betterment work, the Utility Owner may reject that price. The Utility Owner may
then select a different contractor to perform the Betterment work, provided that the
performance complies with the Contractor's Project schedule. MnDOT, the Utility
Owner, and the Contractor will execute a Work Order to describe the terms and
conditions of that Betterment work. The Utility Owner will, according to Minnesota
Rules part 8810.3300, be responsible for claims and damages arising from the
Utility Owner's failure to meet the deadline established in an applicable Notice and
Order.
X. Scheduling
A. The performing party will complete any design, construction, and/or Inspection of Utility
Work according to a schedule described in the Work Order. The parties agree to
negotiate the use of acceleration methods (e.g., imposing overtime work or importing
contractors from outside the local area) in good faith if necessary to meet the Contractor's
scheduling requirements. This clause will not be construed as giving a party unilateral
authority to order acceleration, except that this clause will not remove MnDOT's authority
(if any) under the Design -Build Contract to direct acceleration by the Contractor.
B. Where the Utility Owner designs the Utility Work, the Contractor will review that design
and respond no more than 14 Calendar Days after receiving it, unless the Work Order
requires a different time period. If the design is consistent with the performance standards
described herein, the Contractor must Approve it and notify MnDOT and the Utility Owner
of the Approval within this time period. If the design does not meet performance
standards, the Contractor must submit its comments to the Utility Owner and notify
MnDOT within this time period.
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S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
C. The Utility Owner will have the right to reject any design work that does not meet the
Technical Criteria/ Standards/Requirements described in Section II. If it rejects any
design work, the Utility Owner must immediately notify MnDOT and the Contractor, in
writing, of its grounds for rejection and suggestions for correcting the problem. The Utility
Owner will review the revised design work no more than 7 Calendar Days after receiving
it, unless the Work Order requires a different time period.
D. If the Utility Owner is constructing the Utility Work, it may not begin until it receives the
executed Work Order. The Utility Owner must notify the Contractor when it will begin
construction according to the time period in the Work Order.
E. Where the Contractor performs the design for the Utility Work, the Utility Owner will review
the Contractor's design no more than 14 Calendar Days after receiving it, unless the Work
Order requires a different time period. If the design is consistent with the performance
standards described herein, the Utility Owner must Approve it and notify MnDOT and the
Contractor of the Approval within this time period. If the design does not meet
performance standards, the Utility Owner must submit its comments to the Contractor and
notify MnDOT within this time period. The Contractor may not begin construction of the
Utility Work until it receives an executed Work Order.
XI. Deadlines and Delays
A. No party will be liable for any delay or failure to meet any obligation in this MUA if that
delay or failure is caused by "Force Majeure." Any delay or failure due to a Force Majeure
will not constitute default.
B. If the Utility Owner fails to meet a deadline, and that failure is not due to Force Majeure,
the Utility Owner must pay MnDOT the actual documented costs and damages MnDOT
incurs. The Utility Owner must also pay the Contractor the actual documented costs and
damages the Contractor incurs because of the Utility Owner's delay. If the following
conditions are satisfied, the Contractor will bear 100 percent of the risk of utility delays, up
to an aggregate amount of 4 Calendar Days for the Project (regardless of how many of
the Utility Owner's Facilities the Project affects):
The Utility Owner has provided satisfactory evidence to MnDOT that it has fulfilled
its obligation to coordinate with the Contractor to prevent such delays;
2. The Utility Owner has attempted to negotiate a reasonable solution to the utility
delay pursuant to Paragraph X.A., if applicable; and
3. The Utility Owner has obtained, or is in a position to timely obtain, all applicable
Approvals, authorizations, certifications, consents, exemptions, filings, leases,
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Agreement Number 1032990
licenses, permits, registrations, options, and/or required rulings that are its
responsibility to obtain.
C. If any party fails to meet deadlines set in a Work Order, then any affected time deadlines
for any other party's design, construction, and/or Inspection of the Utility Work will be
revised accordingly.
XII. Approvals and Acceptances
Any Acceptance, Approval, or other similar action (Approval) pursuant to the MUA:
A. Must be in writing to be effective (unless deemed granted pursuant to Article XII.C.).
B. Will not be unreasonably withheld, conditioned, or delayed. If Approval is withheld, the
approving party must, in writing, specifically state the reason for withholding or delaying
Approval, and must identify, with as much detail as possible, what changes are required to
the request for Acceptance or Approval.
C. Approval between the Contractor and the Utility Owner will be deemed granted if the
requesting party does not receive a response 14 Calendar Days after submitting the
request, except where the DB Contract documents provide otherwise. The requesting
party must send out requests for Approval according to Section XIII.
XIII. Authorized Agents and Notices
A. Authorized Agents: The individuals below are authorized agents of MnDOT, the Utility
Owner, and the Contractor. If a party wishes to designate a new or substitute
Representative, it may do so in writing at any time.
For MnDOT:
Ni imhar 1
Name:
Anthony Hughes
Title:
Resident Engineer
Address:
7694 Industrial Park Road
Baxter, MN 56425-8096
Email:
tony.hughes(a)state.mn.us
Phone:
218-828-5735
Mobile:
218-232-6744
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S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Fax: 218-828-5814
Number 2
Name:
Tim Paul
Title:
Construction Project Manager
Address:
3725 1211 Street North
St. Cloud, MN 56303-2107
Email:
timothy.g.paul(a)_state.mn.us
Phone:
320-223-6546
Mobile:
320-293-9417
Fax:
320-223-6580
For the Utility Owner:
Number 1
Name:
Adam Nafstad
Title:
City Administrator
Address:
5959 Main Avenue NE
Albertville, MN 55301-9776
Email:
anafstad(a)-ci.albertville.mn.us
Phone:
763-497-3384. ext 100
Fax:
763-497-3210
Number 2
Name:
Title:
Address:
Email:
Phone:
Fax:
For the Contractor:
Number 1
Name:
Title:
Address:
Email:
Page 15 of 22
Agenda Page 36
XIV.
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Phone:
Fax:
Number 2
Name:
Title:
Address:
Email:
Phone:
Fax:
B. Authority: The individuals listed above will have the authority to sign/Approve Work
Orders, inspect and reject services, Approve invoices for payment, and act otherwise for
MnDOT, the Utility Owner, and the Contractor.
C. Notices: Any notices that MnDOT, the Utility Owner, and the Contractor provide under
this MUA may be e-mailed, faxed, hand delivered, or given by certified or registered mail
to the individuals at the addresses set forth above. Paper copies must promptly follow up
any e-mailed notices. The sender will have the burden of confirmation of delivery of any
faxed notices.
Utility Ownership, Operation, and Maintenance
A. The Utility Owner will be the owner of the Utility Work once construction has been
completed and Approved.
B. The Utility Owner will be solely responsible for operating and maintaining its Facilities.
C. Once the Utility Work is complete, the Utility Owner must maintain the Facilities at its own
expense. The Utility Owner must follow the terms of the Utility Permit when it performs
any service or maintenance work. The Utility Owner may only open and disturb the trunk
highway Right of Way without a Utility Permit in the case of an emergency that is
dangerous to the public and requires immediate attention. Upon learning of an
emergency, the Utility Owner must immediately notify the State Patrol. The Utility Owner
must take all necessary and reasonable safety measures to protect the public and must
cooperate fully with the State Patrol. In this event, the Utility Owner must request a permit
from the proper authority no later than the following Working Day.
D. All terms and conditions in the Utility Permits that MnDOT has already issued for the
Facilities will continue to apply unless subsequent MnDOT Utility Permits supersede them.
If the Utility Owner has Facilities located in the Right of Way of the Project without a
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S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
current Utility Permit, it must promptly apply for that Utility Permit. MnDOT may, in its
reasonable discretion, issue a Utility Permit to the Utility Owner or require the Utility
Owner to relocate the Facilities off of MnDOT Right of Way, unless the Facilities pre-
existed MnDOT's construction of the highway. If the Utility Owner must relocate off the
Right of Way, it will do so at its own cost.
XV. Continuity of Service
A. All Facilities must remain fully operational during all phases of construction, except as the
Utility Owner specifically allows or Approves in writing.
B. To the greatest extent practicable, the Contractor must take measures to ensure that all of
the Facilities remain operational at all times. The Work Order must describe any
necessary interruptions of service, including shut downs and temporary diversions that the
Utility Owner has Approved. If the Contractor is responsible for performing the Utility
Work, the Contractor, at its own cost, must do the following to maintain continuity:
Coordinate the schedule, design, construction, and Inspection of the Utility Work
with the Utility Owner;
2. Keep the Utility Owner fully informed about changes that may affect the Facilities;
3. Include the Utility Owner when making decisions that affect the Facilities so that
the Utility Owner can make arrangements to provide uninterrupted or minimally
interrupted service to its customers; and
4. Comply with any additional, reasonable service continuity conditions described in
the applicable Work Orders.
XVI. Damage to Facilities and Other Property
The Contractor and the Utility Owner must exercise due caution and care to avoid causing
damage to the Facilities or the Project. The Contractor will be responsible for any damages it
causes to the Utility Owner's property, Facilities, structures, or persons. The Utility Owner will be
responsible for any damages it causes to the Contractor's property, facilities, structures, or
persons. The damaging party must immediately notify the other party if any damage occurs and
will be responsible for the repair or cost of that damage, at its own expense, to the other party's
reasonable satisfaction.
XVII. Partnering
The DB Contract includes a section establishing a "partnering" process. That section is attached
hereto as Exhibit G. Except where the terms of this MUA expressly exempt it, every
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S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
disagreement between the Utility Owner and the Contractor, and/or between the Utility Owner
and MnDOT (Dispute) arising under this MUA, is a Dispute subject to the terms of this section.
When a Dispute arises, the Utility Owner and the other party(ies) to the Dispute must first attempt
to informally resolve it.
A. If the Dispute is between the Utility Owner and the Contractor, and the parties are unable
to reach a mutually satisfactory resolution, either party may escalate the Dispute to the
MnDOT project manager. If the MnDOT project manager is unable to resolve the Dispute
to the parties' mutual satisfaction, the Utility Owner and the Contractor will attempt to
resolve the matter through the partnering process.
B. If the Dispute is between the Utility Owner and MnDOT, the Utility Owner and the MnDOT
project manager must first attempt to informally resolve the Dispute. If the Utility Owner
and the MnDOT project manager are unable to reach a mutually satisfactory resolution,
the parties will attempt to resolve the matter through the partnering process.
XVI I I. Indemnification
A. Indemnification: In its performance under this MUA or any subsequent Work Orders, the
Utility Owner, its agent, and employees must indemnify, save, and hold MnDOT, its
agents, and employees harmless from any claims or causes of action, including MnDOT's
attorney's fees to the extent caused by the Utility Owner's:
Intentional, willful, or negligent acts or omissions;
2. Actions that give rise to strict liability; or
3. Breach of contract or warranty.
The indemnification obligations of this section do not apply if the claim or cause of action
is the result of MnDOT's sole negligence. This clause will not be construed to bar any
legal remedies the Utility Owner may have for MnDOT's failure to fulfill its obligation under
this MUA.
XIX. Audits and Retention of Records
Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, all parties must keep and
maintain all books, papers, records, accounting records, documents, procedures, practices, and
other material relevant to the Utility Work, including detailed records to support all bills it submits,
for six years after the date of Acceptance of the completed Utility Work. These items are subject
to a legislative or State audit. Each party, the Federal Highway Administration (FHWA), and any
other agency that provides funding to MnDOT (including each agency's respective auditors) will
have access and be entitled to audit all of these items during normal business hours upon
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S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
reasonable notice to the party maintaining the records. MnDOT, the Contractor, and the Utility
Owner must insert these requirements into any contracts they enter into for the Utility Work.
Such contracts must also include a clause requiring their contractors to include these
requirements in any subcontracts or purchase orders. MnDOT, the Contractor, and the Utility
Owner must mutually agree upon any financial adjustments any audit finds necessary. If
MnDOT, the Contractor, and the Utility Owner are unable to agree upon an adjustment, the
parties must follow the process in Artilce XVII of this MUA to resolve that adjustment.
XX. Nondiscrimination
A. The Utility Owner will comply with the United States Department of Transportation's
nondiscrimination regulations. These regulations are in the current version of the Code of
Federal Regulations, title 49, part 21. The Utility Owner must incorporate these
regulations by reference in all contracts.
B. Minnesota Statutes, section 181.59 and any applicable local ordinances pertaining to civil
rights and nondiscrimination are considered part of this MUA.
XXI. Buy America Requirements
A. All Utility Work must comply with the "Buy America" provisions in 23 U.S.C. 313 and
23 CFR 635.410. If the utility owner uses steel or iron as part of its work, and the cost
of that steel or iron is more than 0.1 percent of the total relocation cost or $2,500
(whichever is greater), it must use steel or iron melted or manufactured in the United
States. Materials that have been removed from the United States for any process
(e.g., change of chemical content, shape, size, or finish) are not considered domestic
materials.
B. If the Utility Owner wishes to use foreign steel or iron, and the cost of that steel or iron
exceeds the limits above, it must submit the "Stipulation for Use of Foreign Steel" to
the Utilities Engineer and receive approval.
C. Before completing its work, the Utility Owner must submit the Buy America Certificate
of Compliance (Certificate), Exhibit H, stating that all iron and steel items are
domestic. If any of the iron or steel is foreign, the Certificate must include the waiver
the Utility Owner received.
XXII. Governing Terms
A. Third -Party Beneficiary: There are no third -party beneficiaries to this MUA.
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Agreement Number 1032990
B. Waiver. A party's failure to enforce a provision of this MUA does not waive the provision,
or the party's right to subsequently enforce it.
C. Merger. This MUA contains all negotiations and agreements between MnDOT, the Utility
Owner, and the Contractor. No prior oral or written communications, understandings, or
agreements may be used to bind either party.
D. Amendments: Any amendment to this Agreement or any subsequent Work Orders must
be in writing. An amendment will not be effective until the same parties who signed and
Approved this MUA, or their successors in office, sign and approve the amendment.
E. No Liens: The Contractor will keep the relocated Facilities free from any statutory or
common law lien arising out of any utility work it performs, materials it furnishes, or
obligations it incurs. The Utility Owner will keep the relocated Facilities, the Project, and
the Right of Way free from any statutory or common law lien arising out of any Utility Work
it performs, materials it furnishes, or obligations it incurs.
F. Governing Law, Jurisdiction, and Venue: Minnesota Law, without regard to its choice -of -
law provisions, governs the validity, interpretation, and enforcement of this MUA. Venue
for legal proceedings arising out of this MUA, or its breach, must be in the appropriate
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
G. Incorporation of Exhibits: Exhibits A through H, which are attached to this MUA, are
incorporated into this MUA.
H. Survival of Terms: All clauses that impose obligations that are continuing in nature and
that must survive in order to give effect to their meaning will survive the expiration or
termination of this MUA. These clauses requiring survival include, but are not limited to:
(I.F.) Data Practices; (XIV) Utility Ownership, Operation, and Maintenance; (XVIII)
Indemnification/Insurance; (XIX) Audits and Retention of Records; and (XXII.F) Governing
Law, Jurisdiction, and Venue.
The remainder of this page was left blank intentionally.
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S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
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 OF ALBERTVILLE
By:
Mayor
Date:
By:
City Manager
Date:
Page 21 of 22
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S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Utility Owner: City of Albertville
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
Department of Transportation
Recommended for Approval: Approved:
By: By:
District Engineer Director, Office of Land Management
Date: Date:
Office of Contract Management Department of Administration
Approved as to Form and Execution:
By: By:
Date: Date:
CONTRACTOR
By:
Its:
Date:
Page 22 of 22
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S.P. 8680-172 (T.H. 94)
Design -Build Project
Master Utility Agreement Number 1032990
With the 1032990
Exhibits
Table of Contents
Exhibit A MUA Definitions
Exhibit B
MnDOT Design -Build Project Utility Design Sheet
Exhibit C(1)
Design Work Order
Exhibit C(2)
Construction Work Order
Exhibit D(1)
Utility Owner's Design Approval Letter
Exhibit D(2)
Contractor's Design Approval Letter
Exhibit E(1)
Utility Owner's Construction Inspection Acceptance Letter
Exhibit E(2)
Contractor's Construction Inspection Approval Letter
Exhibit E(3)
Utility Owner's Construction Inspection Approval Letter
Exhibit F Sample City Resolution
Exhibit G Partnering, Claims for Adjustment and Disputes
Exhibit H Buy America Certification
Agenda Page 44
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT A
MUA Definitions
The following definitions apply to terms used in the MUA.
Accept:
To formally and conditionally determine, in writing, that a particular
matter appears to conform to the requirements of the MUA.
Acceptance:
The written document that states that a party has accepted a specific
matter.
Approval:
The written documentation that states that a party has approved a
specific matter.
Approve:
To formally and conditionally determine, in writing, that a particular
matter or item is good or satisfactory for the Project. This determination
may be based on requirements beyond those in the MUA and may
reflect specific preferences.
Applicable Laws:
All applicable federal and State laws, codes, ordinances, rules,
regulations, judgments, decrees, directives, guidelines, policy
requirements, and orders of any Governmental Person having
jurisdiction over the Project or the Site, the practices involved in the
Project or the Site, or any work or Utility Work a Utility Owner performs.
Betterment:
Any upgrade of a Utility Facility (e.g., increase in capacity) that is not
attributable to the Project construction, and that the Utility Owner elects
to perform for its sole benefit. Such an upgrade does not include a
technological improvement if its cost is equal to or less than the cost of a
"like for like" replacement or relocation. Using new materials in order to
comply with current standards when performing Utility Work is not
considered a betterment.
Calendar Day(s):
Every day shown on the calendar, beginning and ending at midnight.
Claim:
A separate demand by a Contractor or Utility Owner for either a time
extension that MnDOT disputes, or a payment for damages arising from
work that the Contractor or the Utility Owner performed under the
Contract or MUA that MnDOT disputes. Upon its resolution, including a
resolution by delivery of a Change Order or Contract amendment that all
parties have signed, the claim will cease to be a Claim.
Contractor:
The Design -Build Contractor MnDOT engaged under the DB Contract to
perform work, render services, and/or provide materials, equipment, or
other property with respect to the design and construction of the Project.
DB Contract:
The Design -Build Contract between MnDOT and the Contractor for the
Design -Build Project.
Dispute:
A disagreement between the Utility Owner and the Contractor, and/or the
Utility Owner and MnDOT that arises under the MUA.
Facilities/Facility:
A privately, publicly, or cooperatively owned line, system, and or other
utility item that produces, transmits, or distributes communications,
Exhibit A, Page 1 of 3
Agenda Page 45
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
power, cable television, electricity, light, heat, gas, oil, crude products,
water, steam, waste, storm water not connected with highway drainage,
signal systems, and other products or services that serve the public,
and/or a privately owned irrigation system. Any necessary
appurtenances to each facility are considered part of it. This term
excludes storm water facilities used for drainage of the roadway.
Final Design:
The final design for all or a portion of the Utility Work.
Force Majeure:
An event that is beyond MnDOT's, the Contractor's, or the Utility Owner's
control, that due diligence and use of reasonable efforts could not have
avoided or prevented, that materially and adversely affects a party's
ability to meet its obligations under the Contract. It does not include
events due to a party's acts or omissions. This term does not include
normal weather, differing site conditions, MnDOT-directed changes, or
any other matter for which the Contract Documents specify how liability
or risk will be allocated between the parties, regardless of whether that
matter is beyond a party's control.
Governmental Person:
Any federal, State, local, or foreign government; political subdivision;
governmental, quasi -governmental, judicial, public, or statutory
instrumentality; administrative agency; authority; body; or entity. The
term includes other State agencies and subdivisions in addition to
MnDOT.
In-Place/Out-of-Service Work:
The work necessary for a Utility Owner to decommission a Facility and
its appurtenances that will not be removed. The Facility must be taken
out of use using proper Utility Owner and/or industry procedures (e.g.,
flushing, capping, filling with grout or sand) or other procedures that
MnDOT approves.
Inspect:
View or carefully observe the Utility Work.
Inspection:
The act of viewing or looking carefully at the Utility Work to verify
whether it complies with the Technical Criteria and quality requirements
in the MUA.
Interfere:
To perform any action or inaction that interrupts, delays, or damages the
Project work.
Incidental Utility Work:
All work associated with the protection of existing Utility Facilities and In-
Place/Out-of-Service Work that the Contractor deems necessary to
accommodate the Project.
Master Utility Agreement:
An agreement among MnDOT, the Contractor, and a Utility Owner that
provides a general framework for addressing Utility conflicts associated
with the Project.
MnDOT:
Minnesota Department of Transportation
MUA:
See Master Utility Agreement
Notice & Order:
A document that is sent by the Utility Agreements and Permits Unit to all
utility owners that are required to relocate, adjust, or remove their
facilities as a result of proposed construction in accordance with
Minnesota Statutes, sections 161.45 and 161.46.
Private Utility Owner:
Any owner or operator of a Utility that is not a governmental agency.
Project:
The Project Work under State Project Number 8680-172 in the Trunk
Highway Number 94 right of way, as defined in Bookl of the Design -
Build Contract.
Exhibit A, Page 2 of 3
Agenda Page 46
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Project Work:
All duties and services that the Contractor must provide pursuant to the
Design -Build Contract, to achieve MnDOT's Final Acceptance. In certain
cases, the term is also used to mean the products of the work performed
under the Project.
Protection of Existing Utilities:
Any activity undertaken to avoid damaging a Facility that does not
involve removing or relocating that Facility, (i.e., temporarily lifting power
lines without cutting them is Protection of Existing Utilities, whereas
temporarily moving power lines to another location after cutting them is a
temporary Utility Relocation.
Public Utility Owner:
A municipality, county, or other political subdivision in the State of
Minnesota that owns and operates a Utility Facility.
Representative:
An authorized individual who is responsible for administrative supervision
of the Utility Work for the Project.
Right of Way:
The real property (including all estates and interests in real property) that
is necessary to construct, operate, and maintain the highway. This term
specifically excludes utility easements and Construction Easements.
Service Line:
A Utility Facility that connects an individual service location (e.g., a single
family residence or an industrial warehouse) to another Utility Facility
that connects one or more lines to a larger system. This term also
includes any Utility Facility on public or private property that services
structures located on that property.
State:
(1) The State of Minnesota acting through its elected officials and their
authorized representatives; or (2) The State of Minnesota in the
geographic sense.
Technical Criteria:
The criteria that the MUA establishes the minimum acceptable standards
of quality, materials, and performance of the Utility Work. These criteria
will be the basis for reviews, Final Acceptance, and Final Approval.
UDS:
See Utility Design Sheet
Utility Design Sheet:
A form the Contractor prepares to document the existing Utility Facility
conditions and the final relocation recommendation to mitigate any
potential conflict. After MnDOT, the Utility Owner, and the Contractor
sign the form, the Contractor will attach it to the respective Work Order.
Utility Owner:
The public or private owner or operator of a Utility Facility.
Utility Permit:
The State's Utility Accommodation on Trunk Highway Right of Way,
Form 2525, that any Governmental Person or Utility Owner must obtain
for a Utility Relocation.
Utility Relocation:
The removal, relocation, and/or protection of an existing Utility Facility
that is necessary for the Project. Relocation includes temporary service
work.
Utility Work:
All work associated with utility relocations required by a MUA and/or a
Work Order issued under it. The Utility Owner, the Contractor, or a
subcontractor may perform this work.
Work Order:
An ordering agreement that authorizes a specific utility relocation and
provides information and terms for that relocation. MnDOT, the Utility
Owner, and the Contractor must enter into and execute a Work Order
pursuant to a MUA.
Working Day(s):
Any Calendar Day, excluding Saturdays, Sundays, and holidays.
Exhibit A, Page 3 of 3
Agenda Page 47
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT B
MnDOT Design -Build Project Utility Design -Sheet
UTILITY DESIGN SHEET Utility Owner # Conflict #
Utility Owner: City of Albertville
® Public ❑ Private
SECTION TO BE COMPLETED PRIOR TO NEGOTIATION MEETING
Existing Condition
1. General Location:
2. Utility Type: ❑ Electric ❑ Gas ❑ Communications ❑ Water ❑ Sanitary
❑ Cable TV ❑ Other:
3. Location By: ❑ Utility Plat Maps ❑ Field Located & Surveyed: ❑ Yes ❑ No Pothole:❑ Yes ❑ No
If Pothole, # From: ❑ MnDOT Work or ❑ DBC Work SUE contractor used:
Station: to Station: Dist. From CL: Rt. / Lt.
4. Utility Size & Materials:
5. Encased: ❑ No ❑ Yes, If So, Size & Material:
This Section Completed By DBC Rep.: Date:
SECTION TO BE COMPLETED AT NEGOTIATION MEETING
Proposed Resolution
1. DBC Recommends Utility be: ❑ Left Alone ❑ Modified ❑ Removed ❑ Relocated
❑ Upgraded ❑ Abandoned
Conflict With:
2. This Utility May Be Modified/Relocated To:
Station: to Station: Dist. from CL: RLILL
3. Utility In: ❑ MnDOT R/W ❑ Other Public R/W ❑ Easement (attach copy) ❑ Not in R/W
4. Who Will Do the Design? ❑ Utility Owner (UO) ❑ Design -Build Contractor (DBC)
5. Who Will Do Construction/Relocation? ❑ Utility Owner (UO) ❑ Design -Build Contractor (DBC)
6. UO To Perform Inspection? ❑ No ❑ Yes, If So, Conditions:
7. Number of Days Required For Prior Notification by DBC For Construction Relocation by UO: Days
8. Number of Days Required to Complete Design: Days; Construction: Days
9. Any Construction Details Unique to This Location? ❑ No ❑ Yes, Describe:
10. Utility Can Only Be Disconnected For: Days/Hours
11. Other Proposed Action:
12. Detailed Plan Sheet Attached
This Section Completed By: MnDOT UO DBC Date:
Exhibit B, Page 1 of 1
Agenda Page 48
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT C(1)
Design Work Order for a
Master Utility Agreement (MUA)
Utility Owner: City of Albertville
MUA 1032990 UDS Number
Work Order Number Date:
Work Order Revision Number Date:
Location/Description of Work
The UDS (Attachment A) describes the location of the Utility Design Work for this Work Order.
General description of the Utility Design Work for this Work Order:
Allocation of Responsibility for Utility Design Work
Responsible Party: by Contractor:
by Utility Owner:
by Other (explain):
Cost Responsibility for the Desiqn for UDS Number
MnDOT pays $ to Utility Owner/Contractor
Utility Owner pays $ to MnDOT/Contractor
❑ Lump Sum $ OR
❑ Actual Cost not to exceed $
Exhibit C(1), Page 1 of 5
Agenda Page 49
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Schedule for the Design for UDS Number
Start Date:
Completion Date (CD):
Review: No more than days after the CD
For MnDOT Internal Accounting Purposes Only
MUA Encumbrance: $
MnDOT Costs incurred under: MUA $ and/or
DB Contract $
Total Costs to Date: MUA $ and/or
DB Contract $
Remaining MUA Balance: $
Exhibit C(1), Page 2 of 5
Agenda Page 50
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
This Work Order is entered into and among MnDOT, the Utility Owner, and the Contractor to
implement part of Master Utility Agreement Number 1032990 (MUA). All MUA provisions and
attachments are incorporated into this Work Order by this reference. All Utility Work must
conform to the MUA and this Work Order. In the event of an inconsistency, this Work Order will
prevail. This Work Order, including the information on the face page(s) attached to it,
authorizes the Utility Work described herein.
The Utility Design Work
A. The Responsible Party will:
1. Perform the design work described on the face page of this Work Order;
and
2. Complete the design work according to the schedule on the face page of
this Work Order.
B. The Responsible Party's design:
1. Must be substantially consistent with the Preliminary Plan in Attachment
B and the standards and specifications in Attachment C;
2. Be compatible with the Project plans; and
3. Is subject to the review and Approval of the Utility Owner and the
Contractor according to the timeframes herein.
II. Cost
A. Estimate: The Responsible Party prepared a cost estimate for the Utility Design
Work on a tSER NOTE: choose one option, lump sum actual cost basis
attached to this work order as Exhibit B -USER NU i aoei tine cost estimate
; c a6 &_xhibit B]
B. Billing and Payment: If the Contractor performs the Utility Design Work, and the
Utility Owner approves it, MnDOT will reimburse the Contractor according to the
procedure in the DB Contract. If the Utility Owner performs the Utility Design Work,
MnDOT will make reimbursement according to the terms of the MUA.
C. MnDOT's Cost Responsibility
1. The State may pay the costs of the Utility Design Work that takes place
because the Project is on interstate Right of Way.
2. iL-�n R r%-rC. r-,--.. -- --n "s &[.� s .,�� �.�, �,g thyThe cost
of the Utility Design Work (excluding Betterments) was included in the DB
Contract price. lore MnDOT will pay a lump sum amount of $ to the
L"C-� 1r" I t: Choose orie 0 LWu UJXW `: Utility Owner jr/
Contractor for the Utility Design Work. /or/ MnDOT will pay the 'USER
NOTE: Choose one of two options:? Utility Owner Contractor the
actual costs it incurs, in an amount not to exceed $
3. MnDOT's total obligation under this Work Order must not exceed $
D. Utility Owner's Cost Responsibility
1. The Utility Owner will reimburse viw 3Se o..�_ or the
following two. ptions:] MnDOT /or/ the Contractor for the costs of the
Utility Design Work.
2. ri icy n1nr1=r'Il ,nF+� rr® of +IiirQp nnfin r,-1 The cost
of the Utility Design Work (excluding Betterments) was included in the DB
Contract price. The Utility Owner will pay LubtK r4Q i c: t noasc
MnDOT 'o, ° the Contractor a lump
Exhibit C(1), Page 3 of 5
Agenda Page 51
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
sum amount of $ for the Utility Design Work. /on The Utility Owner
will pay - wi`L ^ `~Mowing #_.. ,.-..:..��.,
MnDOT the Contractor the actual costs it incurs, in an amount not to
exceed $
III. Betterments
A. [USER NOTE: Choose one of the following two opt!----" The Utility Design
Work does not include any Betterment. 1± 1 The Utility Design Work includes
Betterment due to with an estimated cost of $ MnDOT and the
Utility Owner have not determined if the Utility Design Work will include
Betterment or have not determined the amount of the Betterment. MnDOT and
the Utility Owner will revise this Work Order as necessary.
B. The Utility Owner will be responsible for 100 percent of the cost of any
Betterment. The Utility Owner will credit MnDOT for the actual costs of any
Betterment and any salvage value or retirement value from the Facilities.
IV. Contractor -Noted Requirements
IN WITNESS WHEREOF, MnDOT, the Utility Owner, and the Contractor have executed this
Work Order as of the date set forth on the face page of this Work Order.
Utility Owner:
Exhibit C(1), Page 4 of 5
Agenda Page 52
Bv:
Print Name:
Title:
Contractor:
Bv:
Print Name:
Title:
MnDOT:
Recommended for Approval:
in
Design -Build Project Manager
Date:
Office of Contract Management
Approved as to Form and Execution:
By:
Date:
State Encumbrance Verification
Not applicable; funds encumbered under the MUA
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Date:
Date:
Approved:
By:
Director, Office of Land Management
Date:
Department of Administration
By:
Date:
Exhibit C(1), Page 5 of 5
Agenda Page 53
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT C(2)
Construction Work Order for a
Master Utility Agreement (MUA)
Utility Owner: City of Albertville
MUA 1032990 UDS Number
Work Order Number Date:
Work Order Revision Number Date:
Location/Description of Work
The UDS (Attachment A) describes the location of the Utility Construction Work for this Work
Order.
General description of the Utility Construction Work for this Work Order:
Allocation of Responsibility for Utility Construction Work
Responsible Party: by Contractor:
by Utility Owner:
by Other (explain):
Cost Responsibility for the Construction for UDS Number
MnDOT pays $ to Utility Owner/Contractor
Utility Owner pays $ to MnDOT/Contractor
❑ Lump Sum $ OR
❑ Actual Cost not to exceed $
Exhibit C(2), Page 1 of 5
Agenda Page 54
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Schedule for the Construction for UDS Number
Start Date:
Completion Date (CD):
Review: No more than days after the CD
MnDOT Contacts
Primary Contact:
Telephone:
Email:
Backup Contact:
Telephone:
Email:
For MnDOT Internal Accounting Purposes Only
MUA Encumbrance: $
MnDOT Costs incurred under:
MUA
$ and/or
DB Contract
$
Total Costs to Date:
MUA
$ and/or
DB Contract
$
Remaining MUA Balance: $
Exhibit C(2), Page 2 of 5
Agenda Page 55
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
This Work Order is entered into and among MnDOT, the Utility Owner, and the Contractor to
implement part of Master Utility Agreement Number 1032990 (MUA). All MUA provisions and
attachments are incorporated into this Work Order by this reference. All Utility Work must
conform to the MUA and this Work Order. In the event of an inconsistency, this Work Order will
prevail. This Work Order, including the information on the face page(s) attached to it,
authorizes the Utility Work described herein.
I. The Utility Construction Work
A. The Responsible Party's construction must substantially conform to the final
Approved design plan.
B. The Responsible Party will:
1. Notify MnDOT at least 48 hours before beginning work to allow MnDOT to
perform its construction oversight responsibilities pursuant to the MUA;
2. Perform the construction work described on the face page of this Work
Order; and
3. Complete the construction work according to the schedule on the face
page of this Work Order.
4. Obtain a "Construction Inspection Approval Letter" from the other party no
more than 7 Calendar Days after completing the construction work.
II. Cost
A. Estimate: The Responsible Party prepared a cost estimate for the Utility
Construction Work on a 'USER NOTE: choose one option] lump sum or actual
cost basis attached to this work order as Exhibit B. [USER NOTE: Label the
"0St"V!%_ v+nn;t+c'�, Cy4.i}Ai4 01
B. Billing and Payment: If the Contractor performs the Utility Construction Work,
and the Utility Owner approves it, MnDOT will reimburse the Contractor
according to the procedure in the DB Contract. If the Utility Owner performs the
Utility Construction Work, MnDOT will make reimbursement according to the
terms of the MUA.
C. MnDOT's Cost Responsibility
1. The State may pay the costs of the Utility Construction Work that takes
place because the Project is on interstate Right of Way.
2. [USER NOTL. of t.., .... �_ . The cost
of the Utility Construction Work (excluding Betterments) was included in
the DB Contract price. <or MnDOT will pay a lump sum amount of
$ to the rkpRFR NOTE- Cho -p one of two ootions: Utility
Owner o:. Contractor for the Utility Construction Work. /or/ MnDOT will
pay the [U,'1K_ro IvkJ IV-: 1.1fiW Se OfilU 01 Lev OP1.10fiS. Utility Owner
Contractor the actual costs it incurs, in an amount not to exceed $
3. MnDOT's total obligation under this Work Order must not exceed $
D. Utility Owner's Cost Responsibility
1. The Utility Owner will reimburse USER NOTE: Choose one of the
toiiowing two options: j MnDOT r/ the Contractor for the costs of the
Utility Construction Work.
2. [USER NOTE: Choose one of the following three options:] The cost
of the Utility Construction Work (excluding Betterments) was included in
the DB Contract price. W/ The Utility Owner will pay rUSEQ n1nTr
Choose one of the following two options: MnDOT ,ol the Contractor
a lump sum amount of $ for the Utility Construction Work. ,o The
Utility Owner will pay [USER i—i— . _.., ,i. m..v --wing
Exhibit C(2), Page 3 of 5
Agenda Page 56
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
options:] MnDOT /ori the Contractor the actual costs it incurs, in an
amount not to exceed $
III. Betterments
A. Lu,-)cR NOTE- ""goose one of the following two option The Utility
Construction Work does not include any Betterment. ` The Utility Construction
Work includes Betterment due to with an estimated cost of $
MnDOT and the Utility Owner have not determined if the Utility Construction
Work will include Betterment or have not determined the amount of the
Betterment. MnDOT and the Utility Owner will revise this Work Order as
necessary.
B. The Utility Owner will be responsible for 100 percent of the cost of any
Betterment. The Utility Owner will credit MnDOT for the actual costs of any
Betterment and any salvage value or retirement value from the Facilities.
IV. Contractor -Noted Requirements
IN WITNESS WHEREOF, MnDOT, the Utility Owner, and the Contractor have executed this
Work Order as of the date set forth on the face page of this Work Order.
Utility Owner:
By:
Print Name:
Title:
Contractor:
Date:
Exhibit C(2), Page 4 of 5
Agenda Page 57
By:
Print Name:
Title:
MnDOT:
Recommended for Approval:
By:
Design -Build Project Manager
Date:
Office of Contract Management
Approved as to Form and Execution:
By:
Date:
State Encumbrance Verification
Not applicable; funds encumbered under the MUA
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Date:
Approved:
By:
Director, Office of Land Management
Date:
Department of Administration
By:
Date:
Exhibit C(2), Page 5 of 5
Agenda Page 58
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT D(1)
Utility Owner's Design Approval Letter
THIS DESIGN APPROVAL LETTER (Letter) is for the City of Albertville's (Utility Owner's)
execution. By executing this Letter, the Utility Owner indicates its Approval of the Utility Design
Work that the Contractor performed. The table below specifically describes the Utility Design
Work to be Approved.
The Contractor performed this Utility Design Work as part of MUA 1032990, which was entered
into among MnDOT, the Utility Owner, and the Contractor.
Utility Owner: City of Albertville
MUA 1032990 UDS Number
Work Order Number Date:
Work Order Revision Number Date:
UTILITY OWNER'S APPROVAL SIGNATURE
By signing below, the Utility Owner's authorized Representative indicates that the Contractor
performed the Utility Design Work according to all applicable MUA standards and Work Order
requirements. The Utility Owner hereby Approves the Contractor's completed Utility Design
Work.
Utility Owner:
Signature:
Date:
If the Utility Owner will be performing the Construction Utility Work, then the Contractor will
issue a notice to proceed to the Utility Owner for that Construction Utility Work once the Utility
Owner signs this letter.
Exhibit D(1), Page 1 of 2
Agenda Page 59
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
If the Utility Owner will not sign this letter, it must state its basis for not approving the Utility
Design Work:
cc: MnDOT
Contractor
Exhibit D(1), Page 2 of 2
Agenda Page 60
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT D(2)
Contractor's Design Approval Letter
THIS DESIGN APPROVAL LETTER (Letter) is for the Contractor's execution. By executing this
Letter, the Contractor indicates its Approval of the Utility Design Work that the City of Albertville
(Utility Owner) performed. The table below specifically describes the Utility Design Work to be
Approved.
The Utility Owner performed this Utility Design Work as part of MUA 1032990, which was
entered into among MnDOT, the Utility Owner, and the Contractor.
Utility Owner: City of Albertville
MUA 1032990 UDS Number
Work Order Number Date:
Work Order Revision Number Date:
CONTRACTOR'S APPROVAL SIGNATURE
By signing below, the Contractor's authorized Representative indicates that the Utility Owner
performed the Utility Design Work according to all applicable MUA standards and Work Order
requirements. The Contractor hereby Approves the Utility Owner's completed Utility Design
Work.
Contractor:
Signature:
Date:
If the Utility Owner will be performing the Construction Utility Work, then the Contractor will
issue a notice to proceed to the Utility Owner for that Construction Utility Work once he signs
this letter.
Exhibit D(2), Page 1 of 2
Agenda Page 61
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
If the Contractor will not sign this letter, it must state its basis for not approving the Utility Design
Work:
cc: MnDOT
Utility Owner
Exhibit D(2), Page 2 of 2
Agenda Page 62
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT E(1)
Utility Owner's Construction Inspection Acceptance Letter
THIS CONSTRUCTION INSPECTION ACCEPTANCE LETTER (Letter) is for the City of
Albertville's (Utility Owner's) execution. By executing this Letter, the Utility Owner indicates its
Acceptance of the Utility Construction Work that the Contractor performed. The table below
specifically describes the Utility Construction Work to be Accepted.
The Contractor performed this Utility Construction Work as part of MUA 1032990, which was
entered into among MnDOT, the Utility Owner, and the Contractor.
Utility Owner: City of Albertville
MUA 1032990 UDS Number
Work Order Number Date:
Work Order Revision Number Date:
UTILITY OWNER'S APPROVAL SIGNATURE
By signing below, the Utility Owner's authorized Representative indicates that the Contractor
performed the Utility Construction Work according to all applicable MUA standards and Work
Order requirements. The Utility Owner hereby Accepts the Contractor's completed Utility
Construction Work.
Utility Owner:
Signature:
Date:
Exhibit E(1), Page 1 of 2
Agenda Page 63
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
If the Utility Owner will not sign this letter, it must state its basis for not approving the Utility
Construction Work:
cc: MnDOT
Contractor
Exhibit E(1), Page 2 of 2
Agenda Page 64
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT E(2)
Contractor's Construction Inspection Approval Letter
THIS CONSTRUCTION INSPECTION APPROVAL LETTER (Letter) is for the Contractor's
execution. By executing this Letter, the Contractor indicates its Approval of the Utility
Construction Work that the Utility Owner performed. The table below specifically describes the
Utility Construction Work to be Approved.
The Utility Owner performed this Utility Construction Work as part of MUA 1032990, which was
entered into among MnDOT, the Utility Owner, and the Contractor.
Utility Owner: City of Albertville
MUA 1032990 UDS Number
Work Order Number Date:
Work Order Revision Number Date:
CONTRACTOR'S APPROVAL SIGNATURE
By signing below, the Contractor's authorized Representative indicates that the Utility Owner
performed the Utility Construction Work according to all applicable MUA standards and Work
Order requirements. The Contractor hereby Approves the Utility Owner's completed Utility
Construction Work.
Contractor:
Signature:
Date:
Exhibit E(2), Page 1 of 2
Agenda Page 65
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
If the Contractor will not sign this letter, it must state its basis for not approving the Utility
Construction Work:
cc: MnDOT
Utility Owner
Exhibit E(2), Page 2 of 2
Agenda Page 66
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT E(3)
Utility Owner's Construction Inspection Approval Letter
THIS CONSTRUCTION INSPECTION APPROVAL LETTER (Letter) is for the City of
Albertville's (Utility Owner's) execution. By executing this Letter, the Utility Owner indicates its
Approval of the Utility Construction Work that the Contractor performed. The table below
specifically describes the Utility Construction Work to be Approved.
The Contractor performed this Utility Construction Work as part of MUA 1032990, which was
entered into among MnDOT, the Utility Owner, and the Contractor.
Utility Owner: City of Albertville
MUA 1032990 UDS Number
Work Order Number Date:
Work Order Revision Number Date:
UTILITY OWNER'S APPROVAL SIGNATURE
By signing below, the Utility Owner's authorized Representative indicates that the Contractor
performed the Utility Construction Work according to all applicable MUA standards and Work
Order requirements. The Utility Owner hereby Approves the Contractor's completed Utility
Construction Work.
Utility Owner:
Signature:
Date:
Exhibit E(3), Page 1 of 2
Agenda Page 67
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
If the Utility Owner will not sign this letter, it must state its basis for not approving the Utility
Construction Work:
cc: MnDOT
Contractor
Exhibit E(3), Page 2 of 2
Agenda Page 68
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT F
City of Albertville Resolution
IT IS RESOLVED that the City of Albertville is authorized to enter into the Master Utility
Agreement (MUA), MnDOT Agreement Number 1032990, applicable to the State Project
Number 8680-172 on Trunk Highway Number 94, with the State of Minnesota, Department of
Transportation for the following purposes:
To cooperate with the Contractor to coordinate all utility relocation issues for State Project
Number 8680-172 on Trunk Highway Number 94.
IT IS FURTHER RESOLVED that the following individuals are certified to execute the MUA and
any amendments to it:
(Title)
(Title)
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution that the Council of the
City of Albertville adopted at an authorized meeting held on the
day of
meeting in my possession.
Subscribed and sworn to before me this
day of Year
Notary Public
My Commission Expires
Year, as shown by the minutes of the
(Signature)
(Type or Print Name)
(Title)
Exhibit F, Page 1 of 2
Agenda Page 69
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
City of Albertville Resolution
IT IS RESOLVED that the City of Albertville enter into MnDOT Agreement Number 1032990
with the State of Minnesota, Department of Transportation for the following purposes:
To provide payment by the to the State of Minnesota, Department of Transportation
for the Betterment the City has requested. This Betterment work consists of
, along and adjacent to Trunk Highway Number 94 from
to
IT IS FURTHER RESOLVED that the City agrees
[to provide the total negotiated lump sum cost of the Betterment work to MnDOT no more than
30 calendar days after certifying this Resolution, and that]
[to provide the total estimated cost of the Betterment work to MnDOT no more than 30 calendar
days after certifying this resolution. The City also agrees to pay MnDOT any actual costs that
exceed the estimate, and that the following individuals are certified to execute the Agreement
and any amendments to it.
Title Title
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution that the Council of the
City of Albertville adopted at an authorized meeting held on the
day of
meeting in my possession.
Subscribed and sworn to before me this
day of , Year
Notary Public
My Commission Expires
Year, as shown by the minutes of the
(Signature)
(Type or Print Name)
(Title)
Exhibit F, Page 2 of 2
Agenda Page 70
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT G
Design -Build Contract Section 19
19 PARTNERING, CLAIMS FOR ADJUSTMENT AND DISPUTES
19.1 Partnering (Use if applicable)
The Contractor, MnDOT, and stakeholders shall enter into a procedure for Partnering as identified within
this Section 19. The use of a third party facilitator is not required.
Within seven Days after NTP1, the Contractor shall arrange a Partnering meeting between the
Contractor, MnDOT, and key stakeholders. This meeting will establish:
• Communication procedures
• A dispute resolution process, including the development of a dispute resolution ladder
• A partnering checklist to be reviewed at project meetings (if applicable). The checklist should contain
items such as quality, communication, issue resolution, team and work relationships, and schedule
The partnering process will continue as part of the regularly scheduled project meetings or at events that
require additional partnering sessions. These meetings should include primarily Project -level personnel
with frequent visits from both MnDOT and Contractor middle management. The meetings should review
the partnering checklist and identify actions that need to be escalated up the dispute resolution ladder.
All costs associated with partnering shall be incidental.
If the Contractor and MnDOT determine that a third party facilitator would enhance the Partnering
process, the Contractor shall make all arrangements to hire a Partnering facilitator and provide a suitable
meeting location for the workshops. The length of time devoted to the workshop, along with the content
for the workshop, will be determined by a cooperative effort between the Contractor and MnDOT.
MnDOT and the Contractor will mutually select the Partnering facilitator. All costs associated with the
Partnering workshops using a Partnering facilitator will be shared equally between MnDOT and the
Contractor. No additional allowance will be provided to the Contractor for the cost associated with paying
these bills and submitting the bills to MnDOT for later partial reimbursement.
19.1.1. Partnering Participants
This Contract will require a full-time partnering effort involving Executive Management, Project
Management, Project Task Force and others. Participation is required by the agencies involved.
Partnering between MnDOT and Contractor has proven to improve the probability of meeting each
party's Project goals. The parties shall attempt to resolve disputes through partnering between
appropriate representatives of MnDOT and Contractor (including, where appropriate, any Subcontractor)
at the following levels:
(a) Project Task Force Teams
1. MnDOT chief inspectors and project engineers/supervisors
2. Contractor's and subcontractors' project supervisors and technical area supervisors
3. Utilities and other third parties
4. Permitting and government agencies
(b) Project Management Team
1. MnDOT's Project Manager, deputy project managers
2. Project manager, deputy project managers and design manager
3. Utilities and other third parties
4. Permitting and government agencies
(c) Executive Management Team
1. MnDOT's Project Manager, Assistant District Engineer, and other MnDOT staff as needed.
2. Contractor and major subcontractor management
3. FHWA Division Administration
Exhibit G, Page 1 of 3
Agenda Page 71
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Team members at each level will be established at the Initial Partnering Meeting. The levels listed above
are meant to be broad descriptions of the required levels needed for effective issue resolution.
Additional levels or specific task force teams can be added, as appropriate.
To resolve issues in a timely and effective manner, representatives of the parties shall meet regularly
and explore resolution for each issue at the lowest level possible (i.e., Project Task Force Team first,
Project Management Team next, and Executive Management Team last). If both parties determine, in
good faith, that effective resolution is not possible at the current level, then the issue will be elevated to
the next level in the partnering process. If both parties make such a determination during partnering at
the Executive Management Team level, then the dispute will be elevated in accordance with Section
19.2.
19.1.2 Partnering Workshops
19.1.2.1. Initial Partnership Meeting
The initial partnering meeting will occur within 30 Calendar Days of NTP1. This meeting will be facilitated
by the Partnering Facilitator. At this session, all representatives from each party at each level shall
attend. The participants will develop the teams at each level, develop the list of goals for the Project,
establish a dispute resolution ladder and process, and develop project goals evaluation tools.
19.1.2.2. Project Goals Evaluation
The Project Goals determined at the initial partnering meeting will be evaluated on a monthly basis. This
evaluation will be sent to participants at all levels in the Partnering Process. The evaluation will ask each
participant to rate how effective the teams are in meeting each of the project goals. The rating system will
be determined by the parties in conjunction with the Partnering Facilitator. Space will be provided on the
evaluation form to allow participants to include additional written comments and details about the
effectiveness of meeting the project goals. The evaluations will be submitted, compiled and the results
distributed by the Partnering Facilitator. The participants will determine whether the evaluations will be
anonymous at the initial partnering meeting.
19.1.2.3. Project Task Force Team Meetings
Informal partnering sessions without the facilitator will be required frequently during the duration of the
Project at the Project Task Force level. These sessions will involve members of the Project Task Force
teams and/or members of the Project Management teams. These sessions can be in the form of weekly
Project update meetings or field reviews by team members. The goal of these meetings should not only
provide an update on the Project, but include discussions on Quality, Communication, Issue Resolution,
Team and Work Relationships, and Schedule. Each meeting should review outstanding issues discussed
at previous partnering sessions.
19.1.2.4. Executive Management Team Meetings
Formal partnering sessions at the Executive Management level without the facilitator will be held monthly
during the duration of the Project. These sessions will involve members of the Executive Management
teams. The Agenda for these will be agreed upon by both parties prior to each meeting. The Agenda for
each meeting shall include discussion of issues that have been agreed to be raised from the Project
Management Team level. The goal of these meetings should not only provide an update on the Project,
but include discussions on Safety, Quality, Communication, Issue Resolution, Team and Work
Relationships, and Schedule. Each meeting will review outstanding issues discussed at previous
partnering sessions. Each meeting will also include a review and discussion of the monthly project goals
evaluations.
19.1.2.5. Quarterly Partnership Meetings
Formal facilitated partnering workshops will be conducted at quarterly intervals throughout the Project
and at the times of critical events (as agreed upon by each party). The workshops will include all Project
Task Force, Project Management and Executive Management Teams. The partnering workshops will
include the Partnering Facilitator to guide the partnering process.
Exhibit G, Page 2 of 3
Agenda Page 72
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
Each partnering session will review the major topics related to the Project. Topics should include:
Quality, Communication, Issue Resolution, Team and Work Relationships, Schedule and any other
topics that the teams feel are important to the success of the Project. Each meeting will also include a
review and discussion of the monthly project goals evaluations. The Partnering Facilitator will prepare
minutes of the meetings and circulate for comments, revisions, and/or approval of all parties.
Both MnDOT and the Contractor will submit agenda items to the facilitator in advance of each quarterly
partnering workshop. The agenda shall generally include the following:
(a) Opening remarks by MnDOT, FHWA and Contractor Executive Management.
(b) A description by Contractor of Work accomplished since the last meeting, current status of the
current Monthly Progress Update, schedule for future Work, potential issues and status of past
issues.
(c) Discussion by MnDOT of the Work schedule as MnDOT views it, potential issues, and status of past
issues.
(d) Review of monthly project goals evaluations.
(e) Discussion regarding the major topics on the Agenda or raised at the meeting.
(f) Setting date for next meeting.
All issues discussed during the Partnering Workshop shall be documented in the minutes. Any issue not
resolved at the Workshop shall have an agreed -upon issue resolution timeline. For each of these issues
identified for resolution, the participants from each affected party required to resolve the issue and the
schedule to resolve the issue will be determined and recorded to ensure the issue is resolved in an
effective and timely manner. These participants will report on the issue resolution at the next quarterly
partnering workshop.
19.2 Disputes
This Section 19 shall not preclude the Contractor from notifying MnDOT in writing, of issues or potential
issues as those issues come up.
19.3 Costs
See Section 19.1.
19.4 Claims for Compensation Adjustment and Disputes
If issue resolution efforts through Partnering are not successful, disputes shall be resolved through DBS-
1517 and Standard Specification 1517.
Exhibit G, Page 3 of 3
Agenda Page 73
S.P. 8680-172 (T.H. 94)
Agreement Number 1032990
EXHIBIT H
Buy America Certificate of Compliance
MINNESOTA DEPARTMENT OF TRANSPORTATION
BUY AMERICA CERTIFICATE OF COMPLIANCE
Utility Owner: City of Albertville
Date:
SP 8680-172 (TH 94)
Agreement Number 1032990
❑ All components that we, City of Albertville, used in our utility work for SP 8680-172 are in
compliance with the "Buy America" requirements of Federal law including Title 23 U.S.C. § 313
and C.F.R. § 635.410. We will provide documents and records pertinent to Buy America to the
State of Minnesota (State) with our final invoice. We will also retain copies of these documents
for the State and/or FHWA's inspection and verification for up to _ years after we receive final
payment.
❑ The total value of foreign steel we, City of Albertville, used in our utility work on SP 8680-172
does not exceed 0.1 % of the total agreement cost or $2,500, whichever is greater.
❑ We, City of Albertville, received approval for the "Stipulation of Use of Foreign Steel" for the
steel and/or iron products we used in our utility work for SP 8680-172. We have attached a
copy of that approval.
By signing this document, I certify that its contents are true correct. I understand that if these contents
are later proven false, City of Albertville will defend indemnify, and hold the State harmless from any
and all claims, damages, or other consequences that may result. I also understand that if I provide
false information, Comcast Cable Communications, Incorporated may be liable under Minnesota
Statutes Chapter 15C (False Claims Against the State).
City of Albertville
z
Its
Date
Exhibit G, Page 4 of 1
Agenda Page 74
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LIGHT FIXTURE (TYPICAL)
S
67TH STREET ROUNDABOUT - SECTION
CSAH 19 Landscape Improvements Project
Albertville, Minnesota
January 31, 20191 WSB P,q-t number: 013137-000
ws b
WSB Project:
CSAH 19 LANDSCAPE IMPROVEMENTS
Project Location:
ALBERTVILLE, MN
SAP
City Project No.:
B PROJ. NUMBER:
13187-000
Date:
2/13/2019
LANDSCAPE QUANTITIES
ITEM NO.
DESCRIPTION
Estimated Qty.
Unit
Unit Cost
Total Cost
2504.601
IRRIGATION SYSTEM
1
LS
$ 75,000.00
$ 75,000.00
2545.502
DECORATIVE LIGHTING
1
LS
$ 125,000.00
$ 125,000.00
2571.524
DECIDUOUS TREE 3" CAL B&B
1
EA
$ 600.00
$ 600.00
2571.524
DECIDUOUS TREE 2.5" CAL B&B
45
EA
$ 550.00
$ 24,750.00
2571.525
DECIDUOUS SHRUB NO 5 CONTAINER
600
EA
$ 70.00
$ 42,000.00
2571.525
DECIDUOUS SHRUB NO 2 CONTAINER
271
EA
$ 60.00
$ 16,260.00
2571.527
PERENNIAL NO 1 CONT
2791
EA
$ 25.00
$ 69,775.00
2571.527
PERENNIAL PLUGS
3320
EA
$ 15.00
$ 49,800.00
2511.602
LANDSCAPE BOULDERS (18"-24")
60
EA
$ 450.00
$ 27,000.00
2571.507
MULCH MATERIALTYPE 6
515
CU YD
$ 65.00
$ 33,475.00
2574.507
BOULEVARD TOPSOIL BORROW
780
CU YD
$ 40.00
$ 31,200.00
BASE TOTAL:
$ 494,860.00
CONTINGENCY (10%):
$ 49,486.00
ESTIMATED TOTAL:
$ 544,346.00
Agenda Page 76