1i. Lake Ann Park Frontage Road: Cooperative Agreement with MnDot.CITY OF I =
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Charles Folch, Director of Public Works
DATE: April 8, 1997
SUBJ: Approve Cooperative Construction Agreement No. 75718 with MnDOT for
Lake Ann Park Frontage Road Construction, S.P. 1002 -66
City Project No. 95 -21
In December of 1996 the City Council awarded the bid for the Lake Ann Park frontage road
Project to the low bidder, Northwest Asphalt at a construction contract of $768,412.61. This
award was contingent upon MnDOT State Aid approval of the plans and specifications and the
execution of a cooperative agreement between the City and MnDOT.
Attached is the cooperative agreement between MnDOT and the City for this improvement
project. The narrative of the cooperative agreement basically outlines the requirements of the
City in administrating this improvement project, the conveyance of access control to the State for
the existing access to Trunk Highway 5, how payment will be made by the State to the City and
long -term maintenance responsibility of the road and drainage facilities installed under this
improvement project.
For the State's part, they will contribute $660,000 to the City towards the cost of this
construction contract in a lump sum share. This share will represent approximately two- thirds of
the overall estimated total project cost of nearly $1,000,000. Once the project is complete the
State will send the City a formal "notice and release" placing the road under the jurisdiction of the
City and convey all rights, title and interest of the State in that roadway portion.
It is therefore recommended that the City Council approve Cooperative Construction Agreement
No. 75718 with MnDOT for the construction of Arboretum Boulevard (Lake Ann Park frontage
road), S.P. 1002 -66, City Project No. 95 -21.
Manager's Comment - The difference between the State's contribution towards this project and
total cost, was previously included in the HRA's overall management plan and is a tax increment
cost.
Attachments: 1. Location map.
2. Cooperative Agreement.
3. City Resolution/certification.
\\ cfsl \vol2\cng\public\95- 21\approve coop agmt.doc
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DESIGN STATE OF MINNESOTA Mn /DOT
SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO.
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT 75718
S.P. 1002 -66 (T.H. 5 =121)
State Funds
The State of Minnesota
Department of Transportation, and
The City of Chanhassen
Re: State lump sum payment for
construction by the City of
Arboretum Boulevard (a T.H. 5
frontage road) from the Lake Ann
Park entrance to Powers
Boulevard (C.S.A.H. 17)
AMOUNT ENCUMBERED
5660,000.00
AMOUNT RECEIVABLE
(None)
Mn/DOT Accounting Information:
Vendor Number Fiscal Year: Agency: T_79
Fund: Org/Sub: Apps Amount:
Contract:
Number/Date/Entry Initials
Order:
Number/Date/Signatures
(Individual signing certifies that funds have been
encumbered as required by Minn. Slat. § 16A.15.1
Budget Office:
(Authorized Signature)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Chanhassen, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City ".
1
75718
WHEREAS, the City is about to perform grading, aggregate base,
bituminous surfacing, curb and gutter, pavement marking, bituminous
walk, pedestrian curb ramp, storm drainage system, lighting,
landscaping, and signal construction and other associated
construction upon, along and adjacent to Arboretum Boulevard (a Trunk
Highway No. 5 frontage road) from Engineer Station 111 +53.96 (the
entrance to Lake Ann Park) to Engineer Station 139 +88.84 (Powers
Boulevard, also County State Aid Highway No. 17) within the corporate
City limits in accordance with City - prepared plans, specifications
and /or special provisions designated by the City as City Project
No. 95 -21 and by the State as State Project No. 1002 -66 (T.H. 5 =121);
and
WHEREAS, the construction of Arboretum Boulevard eliminates direct
access of Lake Ann Park to and from Trunk Highway No. 5; and
WHEREAS, the City has requested participation by the State in the
costs of the Arboretum Boulevard construction; and
WHEREAS, because of the elimination of a trunk highway access, the
State is willing to participate in the costs of the Arboretum
Boulevard construction and associated construction engineering in an
amount equal to $660,000.00 as hereinafter set forth; and
WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 (1996)
authorizes the Commissioner of Transportation to make arrangements
with and cooperate with any governmental authority for the purposes
of constructing, maintaining and improving the trunk highway system.
E
i
75718
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - .CONSTRUCTION BY THE CITY
Section A. Contract Award and Construction
The City has received bids and shall award a construction contract to
the lowest responsible bidder, subject to concurrence by the State in
that award, in accordance with State - approved City plans,
specifications and /or special provisions designated by the City as
City Project No. 95 -21 and by the State as State Project No. 1002 -66
(T.H. 5 =121). The contract construction shall be performed in
accordance with State - approved City plans, specifications and /or
special provisions which are on file in the office of the City's
Engineer, and are made a part hereof by reference with the same force
and effect as though fully set forth herein.
Section B. Documents to be Furnished to the State
The City shall submit to the State's State Aid Agreements Engineer at
Roseville a copy of the low bid and an abstract of all bids together
with the City's request for concurrence by the State in the award of
the construction contract. The City shall not award the construction
contract until the State advises the City in writing of its
concurrence therein.
Section C. Cancellation of Agreement
Each party to this Agreement reserves the right to withdraw from and
cancel this Agreement within 30 days after the State's receipt of
the abstract of bids for the construction contract if either party
determines any or all bids to be unsatisfactory. Withdrawal from or
cancellation of the Agreement shall be accomplished by either party
serving a written notice thereof upon the other.
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75718
Section D. Direction Supervision and Inspection of Construction
The contract construction shall be under the direction of the City
and under the supervision of a registered professional engineer;
however, the contract construction shall be open to inspection by the
State's Metropolitan Division Engineer at Roseville or his authorized
representatives. The City shall give the State Aid Agreements
Engineer five days notice of its intention to start the contract
construction.
Responsibility for the control of materials for the contract
construction shall be on the City and its contractor and shall be
carried out in accordance with Specifications No..1601 through and
including No. 1609 as set forth in the State's current "Standard
Specifications for Construction ".
Section E. Completion of Construction
The City shall cause the contract construction to be started and
completed in accordance with the time schedule in the construction
contract special provisions. The completion date for the contract
construction may be extended, by an exchange of letters between the
appropriate City official and the State Division Engineer's
authorized representative, for unavoidable delays encountered in the
performance thereof.
Section F. Plan Changes Etc
All changes in the plans, specifications and /or special provisions
for the contract construction and all addenda, change orders and /or
supplemental agreements entered into by the City and its contractor
for contract construction must be approved in writing by the State
Division Engineer's authorized representative.
4
75718
Section G. Compliance with Laws, Ordinances and Regulations
The City shall, in connection with the award and administration of
the construction contract and the performance of the contract
construction, comply and cause its contractor to comply with all
Federal, State and Local laws, including Minnesota Statutes
Section 163.101 (1996), and all applicable ordinances and
regulations.
Section H. Right -of -Way, Easements and Permits
The City shall, without cost or expense to the State, obtain all
rights -of -way, easements, construction permits and /or any other
permits and sanctions that may be required in connection with the
contract construction. When requested by the State, the City shall
furnish the State with certified copies of the documents for those
rights -of -way and easements, and certified copies of those
construction permits and /or other permits and sanctions required for
the contract construction.
ARTICLE II - CONVEYANCE OF ACCESS CONTROL
The City shall, without cost or expense to the State, convey to the
State by quitclaim deed, the access control along the southerly side
of Arboretum Boulevard from Engineer Station 111 +00 (near the
entrance to Lake Ann Park) to Powers Boulevard (County State Aid
Highway No. 17). The City shall provide the State with documentation
for such conveyance prior to advance payment by the State, as
provided under Article III, condition C. of this Agreement.
5
75718
ARTICLE III - PAYMENT BY THE STATE
The State shall advance to the City, as the State's full and complete
share of the costs of the roadway construction and associated
construction engineering to be performed upon, along and adjacent to
Arboretum Boulevard (a Trunk Highway No. 5 frontage road) from
Engineer Station 111 +53.96 (the entrance to Lake Ann Park) to
Engineer Station 139 +88.84 (Powers Boulevard, also County State Aid
Highway No. 17) within the corporate City limits under State Project
No. 1002 -66 (T.H. 5 =121) and City Project No. 95 -21, a lump sum in
the amount of $660,000.00 or the total cost of the contract
construction as shown in the awarded contract bid document, whichever
amount is smaller.
The State shall advance to the City the lump sum amount after July 1,
1997, and after the following conditions have been met:
A. Encumbrance by the State of the State's full and complete lump
sum cost share.
B. Receipt the State from the City of certified documentation for
all of the right -of -way and easement acquisition required for the
contract construction, and the approval of that documentation by
the State's Right -of -way Engineer at St. Paul.
C. Receipt by the State from the City of a certified quitclaim deed
for conveyance of access control as provided in Article II of
this Agreement.
I
75718
D. Execution and approval of this Agreement and the State's
transmittal of same to the City. A letter advising the City of
the State's concurrence in the award of the construction contract
shall accompany the City's copy of this Agreement.
E. Receipt by the State of a written request from the City for the
advancement of funds. The request shall include certification by
the City that the construction contract has been executed by all
necessary parties.
ARTICLE IV - CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY
The City shall keep records and accounts that enable it to provide
the State, when requested, with the following:
A. Copies of the City contractor's invoice(s) covering all contract
construction.
B. A copy of the endorsed and canceled City warrant or check paying
for final contract construction, or computer documentation of the
warrant issued, certified by an appropriate City official that
final construction contract payment has been made.
C. Copies of all construction contract change orders and /or
supplemental agreements.
D. A certification form, provided by the State, signed by the City's
Engineer in charge of the contract construction attesting to the
following:
7
75718
1. Satisfactory performance and completion of all contract
construction in accordance with State - approved City plans,
specifications and /or special provisions.
2. Acceptance and approval of all materials furnished for the
contract construction relative to compliance of those
materials to the State's current "Standard Specifications for
Construction"
3. Full payment by the City to its contractor for all contract
construction.
E. Copies, certified by the City's Engineer, of material sampling
reports and of material testing results for the materials
furnished for the contract construction.
F. A copy of the "as built" plan sent to the State Aid Agreements
Engineer.
ARTICLE V - GENERAL PROVISIONS
Section A. Replacement of Castings
The City shall furnish its contractor with new castings and /or parts
for all inplace City -owned facilities constructed hereunder when
replacements are required, without cost or expense to the State.
Section B. Maintenance by the City
Upon satisfactory completion of the Arboretum Boulevard construction
to be performed within the corporate City limits under the
construction contract, the City shall provide for the proper
75718
maintenance of the roadway and all of the facilities a part thereof,
without cost or expense to the State. Maintenance shall include, but
not be limited to, snow, ice and debris removal, resurfacing and /or
seal coating and any other maintenance activities necessary to
perpetuate the roadway in a safe and usable condition.
Upon satisfactory completion of the storm sewer construction to be
performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of those
facilities, without cost or expense to the State.
Upon satisfactory completion of the bituminous trail construction to
be performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of the
trail, without cost or expense to the State. Maintenance shall
include, but not be limited to, snow, ice and debris removal and any
other maintenance activities necessary to perpetuate the trail in a
safe and usable condition.
Upon satisfactory completion of the lighting construction to be
performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of and
keep in repair those facilities, without cost or expense to the
State. The City shall also provide the necessary electrical energy
for their operation, without cost or expense to the State.
Section C. Additional Drainage
Neither party to this Agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract, that was not included in the drainage for
4
75718
which the storm sewer facilities were designed, without first
obtaining permission to do so from the other party. The drainage
areas served by the storm sewer facilities constructed under the
construction contract are shown in a drainage area map, EXHIBIT
"Drainage Area ", which is on file in the office of the State's
Division Hydraulics Unit at Golden Valley and is made a part hereof
by reference with the same force and effect as though fully set forth
herein.
Section D. Future Responsibilities
Upon satisfactory completion of the Arboretum Boulevard construction
to be performed within the corporate City limits under the
construction contract, the City shall thereafter accept full and
total responsibility and all obligations and liabilities arising out
of or by reason of the use, operation, repair and /or reconstruction
of Arboretum Boulevard and all of the facilities a part thereof
constructed hereunder, without cost or expense to the State.
Section E. Release and Conveyance of Roadways
The State shall, upon satisfactory completion of the Arboretum
Boulevard construction and all of the facilities a part thereof
constructed within the Trunk Highway No. 5 right -of -way under the
construction contract, serve upon the City a "Notice of Release"
placing that roadway portion under the jurisdiction of the City; and
subsequent thereto, after all necessary and required documents have
been prepared and processed, the State shall convey to the City all
right, title and interest of the State in that roadway portion. Upon
receipt of that "Notice of Release ", the City shall become the road
authority responsible for the roadway portion so released.
10
75718
Section F. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16B.06, subdivision 4
(1996), the books, records, documents, and accounting procedures and
practices of the State and the City relevant to this Agreement are
subject to examination by the State and the City, and either the
legislative auditor or the State auditor as appropriate.
Section G. Claims
All employees of the City and all other persons employed by the City
in the performance of contract construction, construction engineering
and /or maintenance covered under this Agreement shall not be
considered employees of the State. All claims that arise under the
Worker's Compensation Act of the State of Minnesota on behalf of the
employees while so engaged and all claims made by any third parties
as a consequence of any act or omission on the part of the employees
while so engaged on contract construction, construction engineering
and /or maintenance covered under this Agreement shall in no way be
the obligation or responsibility of the State.
Section H. Nondiscrimination
The provisions of Minnesota Statutes Section 181.59 (1996) and of any
applicable law relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
Section I. Agreement Approval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative.
11
75718
ARTICLE VI - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Patricia Schrader, Municipal /Utility Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155,
(612) 296 -0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Charles D. Folch, Director of Public Works, or his
successor. His current address and phone number are 690 Coulter
Drive, P.O. Box 147, Chanhassen, MN 55317, (612) 937 -1900.
12
75718
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
CITY OF CHANHASSEN
'WI
Mayor
By
Division Engineer
Date
Approved:
IN
QJ State Design Engineer
Date
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
M
Date
City Manager
DEPARTMENT OF ADMINISTRATION
:,
LIZA
Assistant Attorney General
Date
13
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: RESOLUTION NO:
MOTION BY. SECONDED BY.
A RESOLUTION THAT THE CITY OF CHANHASSEN ENTER INTO MNDOT
COOPERATIVE AGREEMENT NO. 75718 WITH THE STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION.
WHEREAS, this agreement provides fora lump sum payment by the State to the
City as the State's share of the costs of the roadway construction and associated
construction engineering to be performed upon, along and adjacent to Arboretum
Boulevard (a Trunk Highway No. 5 frontage road) from Engineer Station 111+53.96 (the
entrance to Lake Ann Park) to Engineer Station 139 +88.84 (Powers Boulevard, also
County State Aid Highway No. 17) within the corporate City limits under State Project
No. 1002 -66 (T. H. 5 =121) and City Project No. 95 -21.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the proper City officers
are hereby authorized and directed to execute such Agreement.
Passed and adopted by the Chanhassen City Council this day of 1997.
ATTEST.
Don Ashworth, City Clerk/Manager
YES
NO
Nancy K. Mancino, Mayor
ABSENT
g:'en&harles\mndot res.doc
CERTIFICATION
State of Minnesota
County of Carver
City of Chanhassen
I hereby certify that the foregoing Resolution is a true and correct copy of the resolution
presented to and adopted by the Council of the City of Chanhassen at a duly authorized meeting
thereof held on the day of , 1997, as shown by the minutes of the meeting
in my possession.
City Manager
(signature)
(Type of Print Name)
(Seal)
\`cfs1 \voL ccrtification.doc