1c. TH 5 Underpass Imp: Approve Funding Agreements and LUP0
CITY OF
CHANAASSEN
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
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Director of Public Works /City Engineer
DATE: April 23, 2012 p
SUBJ: TH 5 Underpass Improvement at Minnewashta Parkway, PW067132b:
1. Approve Funding Agreements with the University of Minnesota
Landscape Arboretum and City of Victoria
2. Approve Limited Use Permit with the Minnesota Department of
Transportation (MnDot)
PROPOSED MOTION
"The City Council approves funding agreements with the University of
Minnesota Landscape Arboretum and City of Victoria and approves a Limited
Use Permit with the Minnesota Department of Transportation for the TH 5
Pedestrian Underpass at Minnewashta Parkway."
City Council approval requires a simple majority vote of the City Council
present.
BACKGROUND
On January 27, 2012, MnDot opened bids for the TH 5 improvements.
On October 24, 2011, the City Council approve a resolution for a DNR local trail
grant application. This application was select for funding.
On April 11, 2011, the City Council held a public hearing for the TH 5 improvements
MnDot is planning for the summer of 2012.
On June 8, 2009, the City Council approved a resolution for a transportation
enhancement federal fund grant for a pedestrian underpass of TH 5 at the
Minnewashta Parkway intersection. This grant application was selected for funding
in 2010.
DISCUSSION
The staff is requesting the City Council consider approving funding agreements with
the University of Minnesota Landscape Arboretum and City of Victoria for the TH 5
pedestrian underpass at Minnewashta Parkway. Currently, there is not a lot of
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
TH 5 Underpass Improvement Project
April 23, 2012
Page 2
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 to gain access to the Arboretum.
The pedestrian underpass will allow the University of Minnesota Landscape Arboretum to become
an extension of the City's park system for all to enjoy. The City of Victoria is planning to connect
their trail system to the underpass and to the Lake Minnetonka LRT Regional Trail.
The City secured funding from a Federal and Minnesota DNR grant to help pay for the underpass
improvements. The Minnesota Department of Transportation completed the design of the underpass
and bid out the project at no cost to the City. They also will be completing the construction
administration and inspection of the underpass with the TH 5 improvements.
The total construction cost for the underpass is $723,012.79. There was approximately $51,859.90
of indirect cost associated with the project. These costs included grant application preparation
appraisal and easement acquisition and construction administration costs. The federal grant is
eligible to pay for $578,410.23 of the construction cost. The DNR grant will help pay for
$100,000.00 of the project. The remaining cost of the construction and indirect costs the grant funds
will not cover is $96,463.46. Therefore each agency will contribute $32,154.49 to the project. The
City of Chanhassen funding portion is proposed to be paid for out of the Park Dedication Fund. As
you are aware, these funds are acquired as a fee from developers when new developments are built
in the City. The two agreements are slightly different because they were reviewed at different times
and by the agencies respective attorneys which requested different language in the agreement. The
city attorney has reviewed the agreements and finds them acceptable.
Staff is also requesting the City Council consider approving a resolution for a Limited Use Permit
for the pedestrian underpass. The Limited Use Permit states the City will operate and maintain the
underpass. This is the same permit the City has approved for the new underpass to be constructed
this fall at TH 41 and the Minnewashta Regional Park and the underpass on TH 5.
Attachments: 1. Funding agreements with the University of Minnesota Landscape Arboretum and
City of Victoria
2. Resolution
gAeng \pub1ic \pw067b2b th 5 underpass \bkgd 042311 appr funding agreements & lup.doc
AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 2012, by and between the REGENTS OF THE UNIVERSITY OF
MINNESOTA, a Minnesota constitutional corporation, whose address is c/o Real Estate Office,
Suite 424, Donhowe Building, 319 15 Avenue SE, Minneapolis, Minnesota 55455 ( "UofM ")
and the CITY OF CHANHASSEN, a Minnesota municipal corporation, whose address is 7700
Market Boulevard, Chanhassen, Minnesota 55317 ( "Chanhassen ").
RECITALS
A. The parties have agreed to participate in funding the construction of the Trunk
Highway 5 and Minnewashta Parkway Trail Underpass, which will provide a pedestrian/bicycle
underpass beneath Trunk Highway 5 linking planned bicycle /pedestrian improvements in the
University of Minnesota Landscape Arboretum with the trail systems of Chanhassen and the City
of Victoria, as shown on the attached Exhibit A (the "Project ").
B. Chanhassen has applied for and has been awarded a maximum of $979,200 in
Federal Transportation Enhancement Funds for the Project subject to a twenty percent (20 %)
match requirement. Chanhassen will use its best efforts to secure additional grant funding.
C. The estimated project cost which reflects The Minnesota Department of
Transportation ( "MnDOT ") latest construction estimates is $850,000.
D. All reasonable efforts will be made to have the Project constructed in 2012.
E. Chanhassen intends to enter into an agreement (the "Contract ") with MnDOT to
have the Project designed, bid and constructed (as part of State Project # 1002 -89).
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL
COVENANTS THE PARTIES AGREE AS FOLLOWS:
1. PROJECT COST. "Project Cost" means the following actual, out -of- pocket
costs associated with the Project: costs required to be paid pursuant to the Contract, costs of soil
testing, engineering fees, acquisition of an easement on the north side of Truck Highway 5 from
Faith Lutheran Church, the Arboretum land license paid to the UofM pursuant to a separate
agreement, and appraisal fees. The following costs shall not be included in the Project Cost: the
cost to prepare grant applications, legal fees, and travel costs. Each party agrees to pay its own
legal fees.
2. MnDOT CONTRACT. Chanhassen will use its best efforts to enter into the
Contract.
3. COST ALLOCATION. The UofM agrees to reimburse Chanhassen one third
(1/3) of the twenty percent (20 %) match requirement for the Project Cost up to a maximum of
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$52,000.00, such amount to be paid in accordance with Section 4 of this Agreement which
Chanhassen will apply towards payment of the Project Cost.
4. PAYMENT. Chanhassen will act as the paying agent for all Project Cost
including all payments to MnDOT. Chanhassen, in turn, will bill the UofM for its share of the
Project Cost in accordance with the cost allocation. Upon presentation of an itemized claim and
any other reasonable supporting documentation requested by the UofM, the UofM shall
reimburse Chanhassen for its share of the Project costs within thirty (30) days from the receipt of
the claim and all other reasonable supporting documentation required by the UofM. If any
portion of an itemized claim is questioned, the remainder of the claim shall be promptly paid,
and accompanied by a written explanation of the amounts in question.
Notwithstanding anything in this Agreement to the contrary, the UofM's obligations to
reimburse Chanhassen for its share of the Project Cost are subject to the following conditions:
A. Chanhassen uses its best efforts to secure additional grant funding; and
B. Chanhassen enters into the Contract.
5. PROJECT OWNERSHIP. Upon completion of the Project the Project shall be
owned and maintained by Chanhassen.
6. EMPLOYEE STATUS. Any and all persons engaged in the work to be
performed by one party shall not be considered employees of the other party, and any and all
claims that may or might arise out of the employment context on behalf of employees while so
engaged, and any and all claims made by any third party as a consequence of any act or omission
on the part of employees while so engaged on any of the work contemplated herein shall not be
the obligation or responsibility of the other parry.
7. AUDITS. Any books, records, documents, and accounting procedures and
practices of a party that are related to the Project are subject to examination by the other party
and either the Legislative Auditor or the State Auditor as appropriate. The parties agree to
maintain these records for a period of six years from the date of performance of all services
covered under this Agreement.
8. INDEMNIFICATION. Each party will be responsible for their own acts and
omissions and the result thereof to the extent authorized by law.
9. DATA PRACTICES. All data created, collected, received, maintained or
disseminated for any purpose in the course of this Agreement is governed by the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any
state rules adopted to implement the act, as well as federal regulations on data privacy.
10. INTEGRATION. The entire and integrated agreement of the parties contained
in this Agreement, together with that certain Temporary Construction Agreement and that certain
License Agreement between the parties, shall supersede all prior negotiations, representations, or
agreements between the parties regarding the Project; whether written or oral.
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IN WITNESS WHEREOF, this Agreement has been executed as of the day and year
first above written.
REGENTS OF THE UNIVERSITY OF
IG r
CITY OF C
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (652) 452 -5000
RNK
16105901
RNK:11 /17/2011
U
o
N
O
Exhibit A
AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 2012, by and between the CITY OF VICTORIA, a Minnesota
municipal corporation, whose address is 7951 Rose Street, Victoria Minnesota ( "Victoria ") and
the CITY OF CHANHASSEN, a Minnesota municipal corporation, whose address is 7700
Market Boulevard, Chanhassen, Minnesota ( "Chanhassen ").
RECITALS
A. The parties have agreed to participate in funding the construction of the Trunk Highway 5
and Minnewashta Parkway Underpass (the "Project ").
B. Chanhassen has applied for and has been awarded a maximum of $979,200 in Federal
Transportation Enhancement Funds for the Project subject to a twenty percent (20 %) match
requirement. Chanhassen will attempt to secure additional grant funding.
C. The estimated project cost which includes the Minnesota Department of Transportation
( "MnDOT ") latest construction estimates is $774,873.69.
D. All reasonable efforts will be made to have the Project constructed in 2012.
E. Chanhassen intends to enter into an agreement with MnDOT to have the project
constructed with State Project # 1002 -89.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE
PARTIES AGREE AS FOLLOWS:
1. PROJECT COST. Project cost means all costs associated with the Project including a
contract with MnDOT, soil testing, engineering fees, the cost to prepare grant applications,
acquisition of easements, the Arboretum land license, appraisal fees and legal fees.
2. MnDOT CONTRACT. Chanhassen will endeavor to enter into a contract with MnDOT
to design, bid and construct the Project.
3. COST ALLOCATION. Victoria agrees to pay Chanhassen $32,154.49, which
Chanhassen will apply towards payment of the Project Cost.
4. PAYMENT. Chanhassen will act as the paying agent for all Project costs including all
payments to MnDOT. Chanhassen, in turn, will bill Victoria for the Project costs in accordance
with the cost allocation. Upon presentation of an itemized claim Victoria shall reimburse
Chanhassen for its share of the Project costs within thirty (30) days from the presentation of the
claim. If any portion of an itemized claim is questioned, the remainder of the claim shall be
promptly paid, and accompanied by a written explanation of the amounts in question.
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5. PROJECT OWNERSHIP. Upon completion of the Project the Project shall be owned
and maintained by Chanhassen. Chanhassen shall maintain the facility consistent with generally
accepted standards utilized by governmental entities for similar facilities, unless the parties agree
to a different standard. The facility shall remain open for use by the public unless otherwise
agreed to by the parties. Upon reasonable notice, Chanhassen may close the facility to conduct
maintenance activities. In addition, upon reasonable notice either party may restrict general
public access for special events.
6. EMPLOYEE STATUS. Any and all persons engaged in the work to be performed by
one party shall not be considered employees of the other party, and any and all claims that may
or might arise out of the employment context on behalf of employees while so engaged, and any
and all claims made by any third party as a consequence of any act or omission on the part of
employees while so engaged on any of the work contemplated herein shall not be the obligation
or responsibility of the other party.
7. AUDITS. Any books, records, documents, and accounting procedures and practices of a
party are subject to examination by the other party and either the Legislative Auditor or the State
Auditor as appropriate. The parties agree to maintain these records for a period of six years from
the date of performance of all services covered under this Agreement.
S. INDEMNIFICATION. Each party will be responsible for their own acts and omissions
and the result thereof to the extent authorized by law.
9. DATA PRACTICES. All data created, collected, received, maintained or disseminated
for any purpose in the course of this Agreement is governed by the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to
implement the act, as well as federal regulations on data privacy.
10. INTEGRATION. The entire and integrated agreement of the parties contained in this
Agreement shall supersede all prior negotiations, representations, or agreements between the
parties regarding the Project; whether written or oral.
161058v01
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IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first
above written.
STATE OF MINNESOTA )
( ss.
COUNTY OF GLGo )
CITY OF VICTORIA
BY: / IJ, 4J A ..)
Mary 1-fer Thun,Mayor
AN
Jennifer tsch, City' Clerk
The foregoing instrument was acknowledged before me this day of
4,0r; ( , 2012, by Maly Pefskbcree - ` ALA.. and by jeoni l e, sck
the MCLc o f and C / C le k, of the CITY OF
VICTORIA, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Nola J. Dickhausen
Notary Public
=s✓ : Minnesota
t Ny Commission Expires January 31.2011
•
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CITY OF CHANHASSEN
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
IC
Thomas A. Furlong, Mayor
v
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of
, 2012, by Thomas A. Furlong and by Todd Gerhardt, the Mayor and City
Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (652) 452 -5000
RNK
NOTARY PUBLIC
161058v01 4
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TH 5 Pedestrian Underpass at Minnewashta Parkway
City Project # PW 0676213
SP # 1002 -89
Cost Split per (3) Agency $32,154.49
Chanhassen, Victoria & Arboretum
Jan 26th Letting
MnDot Bid Amount
$723,012.79
20% local Match
$144,602.56
Federal Grant Application
$9,000.00
Church Easement
$20,399.20
Appraisals
$900.00
Arboretum ROW
$9,993.50
MnDot Engineering (8%)
$11,568.20
Total Project Cost Estimate
$774,873.69
Federal Grant Funds
- $578,410.23
DNR Grant Funds
- $100,000.00
Total Local Share Estimate
$96,463.46
Cost Split per (3) Agency $32,154.49
Chanhassen, Victoria & Arboretum
Data is considered Non - public prior to project award. - 1 -
REVISED SCHEDULE "I"
Agreement No. 00396
City of Chanhassen
S.P. 1002 -89 T.H. 5 =121)
Preliminary:
December 28, 2011
S.P. 194- 010 -010, S.P. 194- 010 -012
Revised: February 17, 2012
S.A.P. 010- 611 -010, S.A.P. 010- 613 -007
Fed Proi. STP -BR- TEA -HSIP 1012(083)
Roadwa , pedestrian tunnel, bike trail, sidewalk, retaining wall, and drainage
construction to start approximately Aril 15, 2012 under
State Contract No. 120002 with S M HENTGEST & SONS INC.
located on T.H. 5 from approx. 1,000' west of Minnewashta Parkway to approx.
2,300' east of Minnewashta Parkwa
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 -010
FEDERAL AID
Federally Aided
Federally Aided
MATCH
10% Match
20% Match
From Sheet No. 5
138,217.68
1,243,959.08
From Sheet No. 7
144,602.56
578,410.23
Construction Subtotals
$138,217.68
$144,602.56
$1,822,369.31
Anticipated Total City Construction Costs
$2,105,189.55
Construction Engineering (8 %)
11,057.41
11,568.20
145,789.55
Construction+ Construction Engineering Subtotals
$149,275.09
$156,170.76
$1,968,158.86
1) Total City Obligation
$2,273,604.71
Total Anticipated Federal Aid
$1,968,158.86
2 Total City Obligation mimes Anticipated Federal Aid
$305,445.85
(1) Amount of total City obligation as described in Article 5.1 of the Agreement
(2) Amount of advance payment as described in Article 5.2 of the Agreement
Data is considered Non - public prior to project award. - 1 -
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: April 23, 2012 RESOLUTION NO:
2012-
MOTION BY: SECONDED BY:
APPROVE RESOLUTION FOR A LIMITED USE PERMIT TO CONSTRUCT,
OPERATE, AND MAINTAIN A PEDESTRIAN TRAILIUNDERPASS WITHIN THE
ADJACENT TO TH 5 AT MINNEWASHTA PARKWAY
PW067B2b
WHEREAS, the City of Chanhassen is a political subdivision, organized and existing under
the laws of the State of Minnesota, and
WHEREAS, the City Council of the City of Chanhassen has approved a plan to construct a
pedestrian trail /underpass adjacent to and under TH 5 at Minnewashta Parkway to promote the
orderly and safe crossing of the highway; and
WHEREAS, the State of Minnesota Department of Transportation (MnDOT) requires a
Limited Use Permit for the construction and utilization of said pedestrian trail /underpass.
NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council:
1. Hereby enters into a Limited Use Permit with MnDOT to construct, operate, and maintain a
pedestrian trail /underpass adjacent to and under TH 5 of the State of Minnesota. The City of
Chanhassen shall construct, operate, and maintain said trail /underpass in accordance with
the Limited Use Permit granted by MnDOT.
Passed and adopted by the Chanhassen City Council this 9 th day of April, 2012.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES NO ABSENT