1c. TH 5 Improvement Project - Approve Cooperative Agreement0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Todd Gerhardt, City Manager
Paul Oehme, Director of Public Works /City Engineer
January 23, 2012
dt",&
TH 5 Improvement Project, PW067132:
Approve Cooperative Agreement with MnDOT
PROPOSED MOTION
"The City Council Approves Cooperative Agreement with MnDOT to pay for
the City share of the cost for associated City improvements in conjunction with
the TH 5 improvements, City project PW067132."
City Council approval requires a simple majority vote of the City Council
present.
BACKGROUND
�C
On June 8, 2009, the City Council approved a resolution for application for a
transportation enhancement federal fund grant for a pedestrian underpass of TH 5 at
the Minnewashta Parkway intersection.
On July 13, 2009, the City Council approved a resolution for an HSIP funding
application for safety improvements along TH 5 near Minnewashta.
On April 11, 2011, a public hearing was held for the improvements to TH 5.
On June 27, 2011 the City Council approved municipal consent for the TH 5
improvements.
On October 24, 2011 the City Council approved the plans for the TH 5
improvements.
On December 20, 2011 the City received notification from the Minnesota Department
of Natural Resources the City was awarded grant funds to help pay for the local cost
for the trail underpass of TH 5 at Minnewashta Parkway.
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
The summer of 2012, MnDOT plans to make improvements to approximately a four -
mile segment of TH 5 roughly between the west junction of County State Aid
Web Site
www.ci.chanhassen.mn.us
Highway (CSAH) 11 /Victoria Drive in Victoria and Highway 41 in Chanhassen. The
proposed project will include:
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
TH 5 Improvement Project
January 23, 2012
Page 2
• Four -inch mill and overlay the entire four -mile stretch.
• Reconstruct the bridge over the recreational trail west of Rose Street in Victoria.
• Reconstruct an 800 -foot sink hole /settlement section of road west of 78th Street in
Victoria.
• Add capacity, efficiency and safety through turn lane improvements, signal
modifications, ADA improvements, access modifications and drainage improvements.
• Improve pedestrian mobility and safety with a new pedestrian underpass east of
Minnewashta Parkway near the Arboretum.
• Add a safety edge and center rumble stripe from approximately the Landscape Arboretum
entrance to Commercial Avenue in Victoria.
DISCUSSION
This agreement sets the frame to provide payment by the City to the State of Minnesota for the
costs associated with City improvements. The City has partnered with MnDOT, City of Victoria
and the Landscape Arboretum to make improvements to TH 5 in conjunction with the MnDOT
TH 5 improvement project. The cooperative agreement requested for approval outlines the
project funding and payment between the City and MnDOT. Cost participation for the
pedestrian underpass between the Landscape Arboretum and the City of Victoria and the City of
Chanhassen will be placed on the Council agenda in the near future.
The City attorney has reviewed the agreement and finds it acceptable.
The portion of the TH 5 project the City is responsible for is the pedestrian underpass at
Minnewashta Parkway to the Landscape Arboretum and the safety improvements at Lone Cedar
Lane and at the intersection at Minnewashta Parkway. The safety improvements include turn
lane improvements on TH 5 and Minnewashta Parkway, shoulder improvements on TH 5, and
access management improvements by Lone Cedar Lane. Both of these projects received federal
funds to help offset the cost. The City also received Minnesota DNR funds to help pay for the
underpass.
Costs for the project are as follows:
Safety Improvements (HSIP) on TH 5 (construction cost): $1,082,428.10
Federal Aid funds (90 %) $974,185.29
City's Share (10 %) $108,242.81
MnDOT charge for Construction Engineering $ 8,659.42
Total Local Share of Safety Improvements on TH 5 $116,902.24
Todd Gerhardt
TH 5 Improvement Project
January 23, 2012
Page 3
Pedestrian Underpass at Minnewashta (construction cost): $682,978.63
Federal Aid Funds (80 %) $546,382.90
City Share (20 %) $136,595.73
MnDOT charge for Construction Engineering $ 10,927.66
Total Local Share of Safety Improvements on TH 5 $147,523.38
Total City obligation to the TH 5 Improvements $264,425.62
The costs identified in the agreement are estimated by MnDOT. The final City cost will be
based on contract unit prices.
With the DNR grant funds ($100,000) the total local share of the Pedestrian Underpass
project is $47,523.38. Since the DNR funds are separate from the federal funds and
MnDOT agreement, these funds will be acquired outside the MnDOT agreement.
The City has been working with the Landscape Arboretum and City of Victoria on a cost - sharing
agreement for the underpass. The agreement that has been arranged is for each agency to help
pay for one third of the project cost. The City did incur additional expenses for the underpass
improvement. These expenses include right -of -way, legal and some engineering costs outside of
the MnDOT agreement and will be included in the cost participation agreements. These
agreements will be placed on the City Council agenda in the near future for consideration of
approval.
MnDOT completed the design of the TH 5 safety improvements (HSIP) and pedestrian
underpass at no cost to the City. MnDOT will also complete the construction administration for
the two projects at a substantially reduced cost than what the City would have incurred if the
City hired a consultant to do the work. MnDOT has been a great partner on the project to help
support the City's grant applications and to reduce the City's overall project cost.
Funding for the underpass is proposed to be paid out of the Park Dedication Fund. The money in
this fund is acquired through development fees from new developments, not out of the general
property tax fund.
Funding for the safety improvements on TH 5 (HSIP) are proposed to be split evenly out of the
street pavement management fund and Municipal State Aid funds.
Signal Justification
MnDOT is not planning to construct a signal at the intersection of TH 5 and Minnewashta
Parkway with this project because it currently does not meet their minimum threshold, or
warrant, for installing a signal. However, a signal is the number one improvement people who
live in this area have requested. MnDOT's response to this issue is as follows:
Numerous studies conducted around the nation continue to show that traffic
signals cause more overall delay and often result in an increase in the total
Todd Gerhardt
TH 5 Improvement Project
January 23, 2012
Page 4
number of crashes at an intersection. Studies also show that the rate of red
light running at unjustified signals is higher than at justified ones. This is why
the crash rates at unjustified signals are higher than at justified ones. In the
past three years, at signalized intersections in the Metro area, there have been
54 fatal and 503 "A " injury crashes ( "A " is the most severe injury). Signal
justification warrants were created to limit the installation of signals to
locations where their benefits will be higher than their negative effects.
Signal justification is based on criteria that was developed by the Federal
Highway Administration and adopted as policy by MnDOT This criteria looks
at traffic volumes, crash history, pedestrians, school crossings, etc. The
seriousness of a crash is not a factor in the crash criteria used in the
justification of a traffic signal. MnDOT is concerned by and works to minimize
all crashes. The traffic volume criteria are based on volumes on the major
street and minor street. The major and minor streets both have to meet
minimum volumes in order for these criteria to be met. For the major streets
(on State Highways) in the Metro area, the minimum volumes are usually
always met, which leaves the minor road volumes as the determining factor if a
signal can be justified or not based on volumes of traffic. The traffic volumes
at the intersection of TH 5IMinnewashta Parkway do not meet the minimum
volumes at this time.
As stated above, crash history is one of the criterion of signal justification.
This intersection has had 7 reported crashes in the past three years, of which
zero are considered to be "correctable " with a traffic signal. "Correctable "
crashes are right angle crashes. The crash criteria states that a signal warrant
can be met if there are 5 "correctable " crashes per year.
Based on all of the above, the installation of a traffic signal at this intersection
is not justified at this time.
The Minnesota Landscape Arboretum is considering adding a south leg to the intersection of TH
5 and Minnewashta Parkway in the near future. If this leg is constructed and a majority of their
daily trips to the Arboretum are directed to this intersection, it is anticipated a signal may be
warranted at that time.
Pedestrian Underpass
Currently, there is not a lot of pedestrian movement from Minnewashta Parkway to the
Minnesota Landscape Arboretum. However, the Arboretum wants to encourage more "walk -up"
traffic and is planning to make internal capital improvements for this to happen. The City has
partnered with the Arboretum to encourage the general public to utilize this facility. Chanhassen
residents will be able to cross TH 5 at Minnewashta Parkway with a safe grade separated
connection and gain access to the Arboretum. The pedestrian underpass will allow the
Landscape Arboretum to become an extension of the City's park system for all to enjoy. The
City of Victoria is also planning to connect their trail system to the underpass. In the future the
Todd Gerhardt
TH 5 Improvement Project
January 23, 2012
Page 5
City is planning to partner with the Landscape Arboretum to make a secondary pedestrian
connection to the Landscape Arboretum south of the TH 5 and TH 41 intersection.
SCHEDULE
The construction schedule is as follows:
Bid Opening
Start Construction
Substantial Completion
January 27, 2012
May, 2012
End of October, 2012
ATTACHMENTS
1. Cooperative Construction Agreement.
2. DNR Grant Notification letter.
3. Project Area Maps.
4. Resolution.
5. CIP Funding Sheet.
g: \eng \public \pw067b2 th 5 corridor study - 41 to 212 \012312 bkgrd th5 appove coop agrmt.doc
Mn/DOT Contract No: 00396
STATE OF MINNESOTA
State Project Number (SP):
Trunk Highway Number (TH)
State Project Numbers (SP):
State Aid Projects (SAP):
Federal Project Number:
Lighting System Feed P6int
DEPARTMENT OF TRANSPORTATION
And
CITY. OF CHANHASSEN
COOPERATIVE CONSTRUCTION
AGREEMENT
1002 -89
5 =121
194 - 010 -010, 194 - 010 -012
010 - 611 -010, 010- 613 -007
STP -BR- TEA -HSIP 1012(083)
City No. A
Total City Obligation
$1,906,639.27
Anticipated City Federal Aid
$1,642,213.65
City Non - Federal Aid
$264,425.62
This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State ") and
City of Chanhassen acting through its City Council ( "City ").
Recitals
1. The State will perform roadway, storm sewer, culvert, sidewalk, bike path, retaining wall, signal, lighting,
pedestrian tunnel, and bridge construction and other associated construction upon, along and adjacent to
Trunk Highway No. 5 from approximately 1,000 feet west of County State Aid Highway No. 11 to
approximately 300 feet east of Trunk Highway No. 41 according to State- prepared plans, specifications and
special provisions designated by the State as State Project No. 1002 -89 (T.H. 5 =121) ( "Project "); and
2. The City has requested the State include in its Project roadway, retaining wall, pedestrian box culvert,
lighting, storm sewer, bike trail, sidewalk, truncated dome, fence, and signage construction; and
3. The City wishes to participate in the costs of the roadway, retaining wall, pedestrian box culvert, lighting,
storm sewer, bike trail, sidewalk, truncated dome, fence, and signage construction and associated construction
engineering; and
4. The federally eligible City participation construction and associated construction engineering will be reduced
by the amount of Federal aid funding received for said construction; and
5. Separate agreements will be written between the State and the City of Victoria (00397) and between the State
and Carver County (003 98) to cover the construction cost share items and maintenance requirements for the
City of Chanhassen and Carver County for the Project; and
6. Existing Traffic Control Signal Agreement No. 75136 between the State and Carver County will continue to
__ cover the maintenance responsibilities for the signal located at Trunk Highway No. 5 and County State Aid
Highway No. 13; and
7. A separate utility agreement will be written between the State and the Metropolitan Council to cover the
Council utility work to be performed by the State's construction contractor; and
8. Minnesota Statutes § 161.45, subdivision 2, allows for City -owned utility relocation to be included in a State
construction contract, and payment by the City for such relocation according to applicable statutes and rules
for utilities on trunk highways; and
9. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority for the purposes of constructing,
maintaining and improving the trunk highway system.
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Mn/DOT Contract No: 00396
Agreement
1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits
1.1. Effective date This Agreement will be effective on the date the State obtains all signatures required by
Minnesota Statutes § 16C.05, subdivision 2.
1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled.
1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the following clauses: 3. Maintenance by the City; 8. Liability; Worker
Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction;
Venue; and 14. Force Majeure.
1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the
State as State Project No. 1002 -89 (T.H. 5 =121) are on file in the office of the Commissioner of
Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ( "Project Plans ")
1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and incorporated into this
Agreement by reference. EXHIBIT "Cost Participation" is on file in the office of the State's Municipal
Agreements Engineer at St. Paul and incorporated into this Agreement by reference.
2.. Construction by the State
2.1. Contract Award The State will advertise forbids and award a construction contract to the lowest
responsible bidder according to the Project Plans.
2.2. Direction, Supervision and Inspection of Construction.
A. Supervision and Inspection by the State. The State will direct and supervise all construction activities
performed under the construction contract, and perform all construction engineering and inspection
functions in connection with the contract construction. All contract construction will be performed
according to the Project Plans.
B. Inspection by the City. The City participation construction covered under this Agreement will be open to
inspection by the City. If the City believes the City participation construction covered under this
Agreement has not been properly performed or that the construction is defective, the City will inform the
State District Engineer's authorized representative in writing of those defects. Any recommendations
made by the City are not binding on the State. The State will have the exclusive right to determine
whether the State's contractor has satisfactorily performed the City participation construction covered
under this Agreement.
2.3. Plan Changes, Additional Construction, Etc.
A. The State will make changes in the Project Plans and contract construction, which may include the City
participation construction covered under this Agreement, and will enter into any necessary addenda,
change orders and supplemental agreements with the State's contractor that are necessary to cause the
contract construction to be performed and completed in a satisfactory manner. The State District
Engineer's authorized representative will inform the appropriate City official of any proposed addenda,
change orders and supplemental agreements to the construction contract that will affect the City'
participation construction covered under this Agreement.
B. The City may request additional work or changes to the work in the plans as part of the construction
contract. Such request will be made by an exchange of letter(s) with the State. If the State determines
that the requested additional work or plan changes are necessary or desirable and can be accommodated
without undue disruption to the project, the State will cause the additional work or plan changes to be
made.
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Mn/DOT Contract No: 00396
2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause
the construction contract to be completed in a satisfactory manner.
2.5. Permits
A. Limited Use Permit. The City will obtain, through the District's Right of Way Area Manager, a Limited
Use Permit to cover the City's liability and maintenance responsibilities of the pedestrian tunnel under
Trunk Highway No. 5 located adjacent to Minnewashta Parkway to be constructed upon the State right-
of-way.
2.6. Replacement of Castings. Adjustments to certain City -owned facilities, including but not limited to, valve
boxes and frame and ring castings, may be performed by the State's contractor under the construction
contract. The City will furnish the contractor with new units and/or parts for those in place City -owned
facilities when replacements are required and not covered by a contract pay item, without cost or expense to
the State or the contractor, except for replacement of units and /or parts broken or damaged by the contractor.
3. Maintenance by the City.
Upon completion of the project, the City will provide the following without cost or expense to the State:
3.1. Roadways Maintenance of Lone Cedar Lane. Maintenance includes, but is not limited to, snow, ice and
debris removal, resurfacing and seal coating and any other maintenance activities according to accepted City
maintenance practices.
3.2. Storm Sewers. Routine maintenance of any storm sewer facilities construction. Routine maintenance
includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and
pipes; repair of minor erosion problems; minor structure repair, and any other maintenance activities
necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or
accelerated deterioration of the facilities.
3.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to
the State.
3.4. Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if
any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal,
patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, mowing grass
boulevards (if any) and any other maintenance activities necessary to perpetuate the sidewalks in a safe,
useable, and aesthetically acceptable condition.
3.5. Bikeways/Multi -use Trails Maintenance of any bikeways and multi-use trails construction. Maintenance
includes, but is not limited to, snow, ice and debris removal, patching, crack repair, mowing, trimming,
signing, pavement markings, and any other maintenance activities necessary to perpetuate the bikeways and
multi-use trails in a safe and usable oondition. Maintenance for that portion of the bikeway and multi-use
trail to be constructed upon the trunk highway right -of -way will be according to the Limited Use Permit on
file in the office of the State's District Engineer.
3.6. Retaining Walls. Maintenance of any retaining wall construction. Maintenance includes graffiti removal
and any other maintenance activities necessary to perpetuate the walls in a safe, usable and aesthetically
acceptable condition.
3.7. Lighting. Maintenance and ownership of any lighting facilities construction (Pedestrian Tunnel).
Maintenance includes but is not limited to; replacing faulty luminaries; repairing or replacing underground
facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the
lighting facilities in working order; cleaning and re- lamping the luminaries. The City will be responsible for
the hook -up cost and application to secure an adequate power supply to the service pad or pole and will pay
all monthly electrical service expenses necessary to operate the lighting facility. As owner of the lighting
facilities, the City will be responsible for all "Gopher State One Call" locates.
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Mn/DOT Contract No: 00396
3.8. Box Culvert (Pedestrian Tunnel) under over Trunk Highway. Maintenance and repair shall be in
accordance with the Limited Use Permit to be obtained by the City from the State, through the District's
Right of Way Area Manager.
3.9. Additional Drainage. Neither party to this Agreement will drain any additional drainage into the storm
sewer facilities constructed under the construction contract that was not included in the drainage for which
the storm sewer facilities were designed, without first obtaining written permission to do so 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
District Hydraulics Unit at Roseville and is incorporated into this Agreement by reference.
3.10. Future Responsibilities. Upon completion of the Lone Cedar Lane construction, the City will accept full
and total responsibility and 'all obligations and liabilities arising out of or by reason of the use, operation,
maintenance, repair and reconstruction of Lone Cedar Lane and all of the facilities constructed as part of
this Agreement, without cost or expense to the State.
3.11. Release and Conveyance of Roadways. Upon completion of that portion of Lone Cedar Lane construction
that will extend on to the current State Right-of-Way, the State will serve upon the City a "Notice of
Release" placing that roadway portion under the jurisdiction of the City; and subsequent thereto, after all
required documents have been prepared and processed, the State will 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 will become
the road authority responsible for the roadway portion so released.
4. Basis of City Cost
4.1. SCHEDULE "I" and EMBIT "Cost Participation". The Preliminary SCHEDULE "I" includes all
anticipated City participation construction items and the construction engineering cost share covered under
this Agreement, and is based on engineer's estimated unit prices. City roadway, retaining wall, pedestrian
box culvert, lighting, storm sewer, bike trail, sidewalk, truncated dome, fence, and signage construction
covered under this Agreement is shown in EXHIBIT "Cost Participation ".
4.2. City Participation Construction. The City will participate in the following at the percentages indicated. The
construction includes the City's proportionate share of item costs for mobilization, field office, field
laboratory, and traffic control. It is anticipated that Federal aid funding will be available to the City as
defined below. The City may be billed for the match of their cost participation as shown on the Schedule
"I ". City costs will include an amount equal to all anticipated Federal aid funding not applied to the
federally eligible City participation construction and associated construction engineering.
A. 100 Percent will be the City's rate of cost participation in all of the roadway, storm sewer, bike trail,
truncated dome and signage construction as shown in "Blue" on EXHIBIT "Cost Participation ". The
construction includes, but is not limited to, those construction items tabulated on Sheet(s) No. 2 thru
No. 5 of the Preliminary SCHEDULE "I ". Federal aid funds will be applied at a rate of 90 Percent.
B. 100 Percent will be the City's rate of cost participation in all of the retaining wall, pedestrian box culvert,
lighting, bike trail, sidewalk, and fence construction as shown in "Green" on EXHIBIT "Cost
Participation ". The construction includes, but is not limited to, those construction items tabulated on
Sheet(s) No. 6 thru No. 7 of the Preliminary SCHEDULE "I ". Federal aid funds will be applied at a rate
of 80 Percent.
4.3. Construction Engineering Costs The City will pay a construction engineering charge equal to 8 percent of
the total City participation construction covered under this Agreement.
4.4. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract
addenda, change orders and supplemental agreements that are necessary to complete the City participation
construction covered under this Agreement, including any City requested additional work and plan changes.
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Mn/DOT Contract No: 00396
The State reserves the right to invoice the City for the cost of any additional City requested work and plan
changes, construction contract addenda, change orders and supplemental agreements, and associated
construction engineering before the completion of the contract construction.
4.5. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the
construction contract will result in a credit shared by each party in the same proportion as their total
construction cost share covered under this Agreement is to the total contract construction cost before any
deduction for liquidated damages.
5. City Cost and Payment by the City
5.1. City Cost. $1;906,639.27 is the City's estimated share of the costs of the contract construction, including
Federal aid, and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE
"I ": The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit prices, and may
include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a
Revised SCHEDULE "I" based on construction contract unit prices.
5.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction
engineering cost share, minus anticipated City Federal aid, as shown in the Revised SCHEDULE "I ", after
the following conditions have been met:
A. Execution of this Agreement and transmittal to the City, including a copy of the Revised SCHEDULE
1
B. The City's receipt of a written request from the State for the advancement of funds.
5.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount
due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract
construction will be final, binding and conclusive upon the City as to the satisfactory completion of the
contract construction.
5.4. Final Payment by the City
Upon completion of all contract construction and upon computation of the final amount due the State's
contractor and determination by the Federal Highway Administration of the amount of its reimbursement to
the State, the State will prepare a Final SCHEDULE "I" and submit a copy to the City. The Final
SCHEDULE "I" will be based on final quantities, and include all City participation construction items and
the construction engineering cost share covered under this Agreement. The Final SCHEDULE "I" may also
include City costs in an amount equal to all Federal aid funding not applied to the federally eligible City
participation construction, and associated construction engineering. If the final cost of the City participation
construction exceeds the amount of funds advanced by the City, the City will pay the difference to the State
without interest. If the final cost of the City participation construction is less than the amount of funds
advanced by the City, the State will refund the difference to the City without interest.
The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota
Statutes § 15.415.
6. Authorized Representatives
Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
6.1. The State's Authorized Representative will be:
Name/Title: Maryanne Kelly - Sonnek, Municipal Agreements Engineer (or successor)
Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155
Telephone: (651) 366 4634
Fax: (651) 366 -4769
E -Mail: maryanne.kellysonnek @state.mn.us
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Mn/DOT Contract No: 00396
6.2. The City's Authorized Representative will be:
Name/Title: Paul Oehme, Chanhassen City Engineer (or successor)
Address: 7700 Market Boulevard, Post Office Box 147, Chanhassen, MN 55317
Telephone: (952) 227 -1169
E -Mail: poehme @ci.chanhassen.mn.us
7. Assignment; Amendments; Waiver; Contract Complete
7.1. Assignment. Neither parry may assign or transfer any rights or obligations under this Agreement without the
prior consent of the other party and a written assignment agreement, executed and approved by the same
parties who executed and approved this Agreement, or their successors in office.
7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original Agreement, or
their successors in office.
7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the party's right to subsequently enforce it.
7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and
the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind
either party.
8. Liability; Worker Compensation Claims
8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law
and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes
§ 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other
applicable law govern liability of the City.
8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation
Act.
9. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are
considered part of this Agreement.
10. State Audits
Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor
or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.
11. Government Data Practices
The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received,
stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota
Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State.
12. Governing Law; Jurisdiction; Venue
Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal
proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
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Mn/DOT Contract No: 00396
13. Termination.
13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties.
13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at
a level sufficient to allow for the performance of contract construction under the Project. Termination must
be by written or fax notice to the City.
14. Force Majeure
Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in
performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a
parry's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God,
labor disputes, acts of war or terrorism, or public health emergencies.
[The remainder of this page has been intentionally left blank]
-7-
WDOT Contract No: 00396
CITY OF CHANHASSEN
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances.
By:
Title:
Date
By:
Title:
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
Date:
Date:
(State Design Engineer)
COMIVIISSIONER OF ADMINISTRATION
By:
Date:
(With delegated authority)
INCLUDE COPY OF RESOULUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS
EXECUTION.
5:11
PRELIMINARY SCHEDULE "I".
Agreement No. 00396:
Ci ty of Chan'hassen::
S. 1002 -89 (T.H. 5 =121)
S.P. 194- 010 -010, S.P. 194 - 010 -012
Preliminary: December 28, 2011
S.A.P. 010 =611 -010, S.A 010- 613 -007
Fed Proj. STP -BR- TEA -HSIP 1012(083)
Roadway, pedestrian tunnel, bike trail, sidewalk, retaining wall, and drainage construction to start approximately April 15, 2012 under
State Contract No. with
located on T.H. 5 from approx. 1,000' west of Minnewashta Parkway to approx. 2,300' east of Minnewashta Parkway
and on Minnewashta Parkway from T.H. 5 north approx. 550' and on Lone Cedar Lane from E.S. 0 +08.00 to E.S. 6 +80.60.
CITY COST PARTICIPATION
—
TOTALS S.P. 194 - 010 -012 S.P. 194- 010 -01 FEDERAL AID
Federally Aided
Federally Aided MATCH
10% Match
From Sheet No. 5
20% Match
From Sheet No. 7 108,242.81
974,185.29
Construction Subtotals
136,595.73 546,382.90
$108,242.81
Anticipated Total City Construction Costs $1;765;406.73
$136,595.73 $1,520,568.19
Construction Engineering (8 %) 8,659.42
Construction + Construction Engineering Subtotals
10,927.66 121,645.46
$116,902.24
(1) Total City Obligation
$147,523.38 $1,642,213.65
$1,906,639.27:
Total Anticipated Federal Aid $1,642,213.65
(2) Total City Obligation.mmus Anticipated Federal Aid., $264,425:62;
(1) Amount of total City obligation as described in Article 5.1 of the Agreement (Estimated amount)
(2) Amount of advance payment as described in Article 5.2 of the Agreement (Estimated amount)
Data is considered Non - public prior to project award. - I -
Minnesota Department of Natural Resources Minnesota
500 Lafayette Road • St. Paul, MN • 55155 -40
DEPARTMENT OF
NATURALRESOURCES
December 20, 2011
Paul Oehme, Public Works Director
City of Chanhassen
7700 Market Blvd, P.O. Box 147
Chanhassen, MN 55345
Dear Paul Oehme:
CITY O F a ":: =''d' ,•�'a P4
l E. co E
r` . 1011
RE: City of Chanhassen, C130 -11 -3B
TH 5 Pedestrian Underpass at Minnewashta Parkway
I am pleased to inform you that your application to the 2011 Local Trail Connections Program
has been selected for funding. A reimbursement grant in the amount of $100,000 will be
established contingent upon final processing of your application. .
Please refer to the enclosed letter from our program staff for more information on how to
proceed with your project and who to contact at the Department of Natural Resources.
Over 51 applications for trail projects were received with requests totaling over $4 million with
only $971,000 to allocate. Funding for this program comes from "In Lieu Of' lottery proceeds
and the Environment and Natural Resources Trust Fund.
Thank you for helping to connect people and the outdoors by providing outstanding parks and
trails in your community.
Sincerely,
Courtland Nelson, Director
Parks and Trails Division
CC: Senator Julianne Ortman
Representative Ernie Leidiger
File #C130 -11 -3B
www.dnr.statenn.us
AN EQUAL OPPORTUNITY EMPLOYER
PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF10% POST- CONSUMER WASTE
MN /DOT Highway 5 Project in Victoria and Chanhassen
Mill and overlay, turn lane improvements and drainage project
G: \ENG \Joleen \EngProjects \Paul \Hwy5 \VictodaChan \Hwy5 Project
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: RESOLUTION NO: 2012-
MOTION BY:
SECONDED BY:
RESOLUTION APPROVING THE COOPERATIVE AGREEMENT WITH MnDOT
FOR TH 5 IMPROVEMENT PROJECT PW067B2
BE IT RESOLVED that the City of Chanhassen enter into MnDOT Agreement
No. 00396 with the State of Minnesota, Department of Transportation for the following
purposes:
To provide for payment by the city to the state of the city's share of the costs of the
roadway, retaining wall, pedestrian box culvert, lighting, storm sewer, bike trail,
sidewalk, truncated dome, fence, and signage construction and other associated
construction to be performed upon, along and adjacent to Trunk Highway No. 5 from
approximately 1,000 feet west of Minnewashta Parkway to approximately 2,300 feet east
of Minnewashta Parkway and on Minnewashta Parkway from Trunk Highway No. 5
north approximately 550 feet and on Lone Cedar Lane from Engineer Station 0 +08.00 to
Engineer Station 6 +80.60 within the corporate city limits under State Project
No. 194 - 010 -010, No. 194 - 010 -012 and No. 1002 -89 (T.H. 5 =121).
IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to
execute the Agreement and any amendments to the Agreement.
Passed and adopted by the Chanhassen City Council this 23rd day of January, 2012.
ATTEST:
Todd Gerhardt, City Manager
YES
Thomas A. Furlong, Mayor
NO ABSENT
g: \admin\resol\2012 \mndot cooperative agreement th 5.doc
Capital Improvement Program 2012 thru 2016
City o f Chanhassen, MN
Project # ST -025
Project Name TH5 Improvements - TH41 to Downtown Victoria
Account #1
Account #2
Expenditures 2012 2013 2014 2015 2016 Total
Construction 7,12 0,000 7,120,000
Department
Street Improvements
Contact
Paul Oehme
Type
Improvement
Useful Life
Category
Streets/Highways
Priority
n/a
ription ' Total Project Cost: $7,120,000
:)T is planning to resurface and make improvements to TH5 west of TH41 in 2012. These improvements include resurfacing, shoulder
vements, turn lane improvements and intersection improvements at Minnewashta Parkway. The City will be responsible for a small portion
project as it relates to local access and trail and underpass improvements. The City applied for federal funding fortraif and underpass
vements along with safety improvements at Minnewashta Parkway. It is anticipated the Landscape Arboretum, City of Victoria and Carver
y Parks will help pay for the local share.
J I
ITo improve safety and mobility along the corridor.
MSA 120,000 120,000
Other Agency Contribution 6,800,000 6,800,000
Park Dedication Fund 80,000 80,000
Street Pavement Management 120,000 120,000
Total 7,120,000 7,120,000
Account #3
Account #4
Total 7,120,000 7,120,000
Funding Sources 2012 2013 2014 2015 2016 Total
Budget hnpactlother
101