1c. TH 101 and Pleasant View Road: Approve Coop. Agmt.0
CITE OF
CAANHASSEN
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
MEMORANDUM
TO:
FROM:
DATE:
SUBJ:
Todd Gerhardt, City Manager
Paul Oehme, Dir. of Public Works /City Engineer `
August 13, 2012
O wl
TH 101 and Pleasant View Road Intersection Project 11 -05: Approve
Cooperative Agreement No. 01176 with MnDOT
PROPOSED MOTION
"The City Council approves the Cooperative Funding Agreement No. 01 176 with
MnDOT for City Project No. 11 -05, TH 101 and Pleasant View Road
Intersection."
City Council approval requires a simple majority vote of the City Council present.
BACKGROUND
Park & Recreation
On March 3, 2011, a neighborhood meeting was held in the Council Chambers. One
Phone: 952.227.1120
On June 28, 2010, Council directed staff to apply for State of Minnesota grant funds
Fax: 952.227.1110
for roadway and trail improvements at the TH 101 and Pleasant View Road
Phone: 952.227.1300
intersection.
Recreation Center
OVERVIEW
2310 Coulter Boulevard
In November of 2011, the City was notified the grant application was successful in
Phone: 952.227.1400
obtaining $594,000 in MnDOT Municipal Agreement funding for the
Fax: 952.227.1404
project.
Planning &
On March 3, 2011, a neighborhood meeting was held in the Council Chambers. One
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
hundred thirty four (134) notices were sent out and 13 property owners attend from
both cities of Chanhassen and Eden Prairie.
Public Works
7901 Park Place
On March 28, 2011, the City Council accepted the feasibility report and authorized
preparation of plans and specifications.
Phone: 952.227.1300
Fax: 952.227.1310
OVERVIEW
Senior Center The proposed improvements include adding left -turn lanes on northbound and
Phone: 952.227.1125 southbound TH 101 at Pleasant View Road along with an enhanced pedestrian
Fax: 952.227.1110 crossing system. In addition, a right -turn lane from eastbound Pleasant View Road to
Web Site southbound TH 101 is also proposed. While a signal is not warranted by MnDOT
www.ci.chanhassen.mn.us standards at this time, the improvements are expected to improve safety and traffic
circulation at the intersection. Left turning vehicles from TH 101 under the existing
geometric conditions result in significant speed differentials for northbound and
southbound traffic when compared to operations at a similar intersection where there
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
TH 101 & Pleasant View Road: Approve
Cooperative Agreement
August 13, 2012
Page 2
are left -turn lanes on the non -stop controlled approach. Speed differential is a factor that often
contributes to increased crash rates. In addition, considerable queuing and delay has been witnessed
at this intersection during afternoon peak travel times. The queuing and delays experienced on a
stop - controlled approach to an intersection can lead to aggressive behavior and ultimately an
increase in the crash rate. The proposed left -turn lanes on TH 101 and right -turn lane from
eastbound Pleasant View Road to southbound TH 101 will improve this condition and are proactive
improvements that have been found to result in a decrease in the crash rate.
The project also includes trail improvements to connect the current gaps in the trail system in the
area. Multi -use trails currently exist along the west side of TH 101 south of Pleasant View Road and
north of Townline Road. The proposed improvements will complete this gap in the trail along TH
101 where currently pedestrians and bicycle traffic must utilize the roadway to travel between the
two trails. The 45 mph speed limit in this area creates a very hazardous situation for pedestrians and
bicyclists traveling between the two trails. The proposed improvements also include the extension
of the trail along the north side of Pleasant View Road from TH 101 to the existing trail crossing at
the Near Mountain trail connection.
In addition to the turn lane and trail improvements, drainage improvements are proposed to improve
the conveyance of storm water and treat the additional discharge due to the increase in impervious
area. Concrete curb and gutter is proposed along the west side of TH 101 and north side of Pleasant
View Road adjacent to the new trail. New storm sewer is proposed in the areas receiving curb and
gutter. The field survey identified a significant amount of sediment in the bottom of the existing
pond located at the northwest corner of TH 101 and Pleasant View Road. The proposed
improvements include the removal of this sediment as well as expansion of this pond to address the
additional storm water discharge as a result of the increase in impervious area.
The scope of the project has increased from the concept phase, when the project was submitted to
MnDOT for funding, to the preliminary design phase. These scope changes include:
• Larger pavement section for the TH 101 turn lanes than expected.
• Additional turn lane reconstruction at Fox Hollow Drive.
• Additional pond oversizing and cleanout along with more storm sewer pipe.
• Taller retaining walls.
• Storm water culvert replacement across TH 101.
• Enhanced Trail Crossing of TH 101.
FUNDING
The City's cooperative grant is in the amount of $594,000. MnDOT has also contributed $20,000
for replacement of a culvert under TH 101 and $50,000 for the pedestrian enhancements at the
intersection. MnDOT total contribution is therefore $664,000 as stated in the Cooperative
Construction Agreement. The City of Eden Prairie has indicated they are willing to contribute
$73,800 for turn lanes and the pedestrian enhancement improvements. The current construction cost
estimate is $1,035,000. The City's local estimated share in the amount of $371,000 is proposed to
g:\eng \public \_2011 projects \11 -05 th 101 and pvr improvements \081312 bkgd th 101- pleasant view road approve coop. agmt.doc
Todd Gerhardt
TH 101 & Pleasant View Road: Approve
Cooperative Agreement
August 13, 2012
Page 3
be funded through Municipal State Aid, Park Dedication Fund, the Street Management Fund, and the
Stormwater Utility Fund. The Cooperative Agreement has been reviewed by the City attorney.
SCHEDULE
The plan approval review at MnDOT has taken far longer than anticipated. Also, the addition of the
enhanced pedestrian crossing improvements added to the length of time MnDOT took to review the
project plans. MnDOT does not allow the City to advertise the project until all the necessary
departments at MnDOT have signed off on the plan. It is unlikely the City will receive the necessary
approvals in time to bid a construction project this year. The revised project schedule is as follows:
Bid Opening
City Council Considers Award of Contract
Start Construction
Construction Substantially Complete
Attachments: 1. Cooperative Agreement
2. Resolution
3. Project Improvement Exhibit
4. CIP Page ST -027
c: Chadd Larson, Kimley -Horn & Associates
March, 2013
April, 2013
June, 2013
August, 2013
g: \eng \public \_2011 projects \11 -05 th 101 and pvr improvements \081312 bkgd th 101 - pleasant view road approve coop. agmt.doc
Minnesota Department of Transportation
Metro District
Office of State Aid
1500 West County Rd B2
Roseville,. MN 55113 -3174
August 3, 2012
Mr, Paul Oehme, P.E.
Director of Public Works /City Engineer
7700 Market Boulevard
PO Box 147
Chanhassen, MN 5531.7
Telephone: 651- 234 -7780
julie.dresel @state.mn,us
RE: Proposed Cooperative Construction Agreement No. 01176
Between the City of Chanhassen and. the State of Minnesota
S.P. 2736 -45 (T.H. 101 =187)
TH 101 from Fox Hollow Drive to West 62nd Street in the City of Chanhassen
S.A.P. 194 -010- 013,194 -109 -001
Lump Sum
Dear Mr. Oehme:
Attached are four copies of a proposed agreement between the City of Chanhassen and the State
of Minnesota. This agreement provides for payment to the City of the State's share of the costs of
the construction to be performed by the City on TH 101 from Fox Hollow Drive to West 62n Street.
The agreement also outlines the maintenance responsibilities of MnDOT and the City.
Kindly review the agreement and arrange to have it presented to the City Council for their approval
and execution. Please ensure that original signatures of the City Council authorized officers are
obtained on the three copies of the agreement under the CITY OF CHANHASSEN heading. The
fourth copy of the agreement is for the.municipality's use and records until you receive a "fully,
executed" copy.
Also required are three original copies of a resolution passed by the City Council authorizing its
officers to sign the agreement in its behalf. A suggested form of such resolution is enclosed.
Please return the three original signed copies of the agreement and three notarized copies
of the resolution to me. A copy will be returned to the City when fully executed. The fully
executed copy is forwarded to the City after letting (bid opening).
Please contact me if you have any questions or additional comments by telephone at 051 -234-
7780 or by a =mail at iulie.dresel @state.mn.us
Julie Dresei, P.E.
Cooperative Agreements Project Engineer
Metro District, State Aid
An Equal Opportunity Employer
Mr. Paul Oehme, P.E.
August 3, 2012
Page 2
Enclosures: Proposed Agreement (3 +1)
Sample Resolution
cc: Diane Langenbach, MnDOT -Metro Program Delivery *
Maryanne Kelly - Sonnek, MnDOT- Municipal Agreements
Todd Weston, MnDOT- Municipal Agreements *
David Sheen, MnDOT -Metro Traffic Engineering
Chris Kufner, MnDOT -Metro Materials
Barb Loida, MnDOT -WRE *
Buck Craig, MnDOT -Metro Permits
Gordon Bergstrom, MnDOT — Metro Maintenance **
Paul Oehme, City of Chanhassen **
Chadd Larson, Kimley -Horn and Associates, Inc. **
Project File
* Electronic copy - letter only (hard copies available upon request)
** Electronic copy - with attachments (hard copses available upon request)
Mn/DOT Contract No: 01176
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
CITY OF CHANHASSEN
COOPERATIVE CONSTRUCTION
AGREEMENT
State Project Number (SP):
Trunk Highway Number (TI-1):
State Aid Number- (SAP):
2736 -45
101 =187
194 -109 -001
Original Amount Encumbered
$664,000.00
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 City will perform bithuninous surfacing, concrete curb and gutter, trail improvements and storm sewer
construction and other associated construction upon, along and adjacent to Trunk Highway No. 101 from Fox
Hollow Drive to W. 62 " Street and on Pleasant View Road from Timber Hill Road to T.11. 101 according to
City - prepared plans, specifications and special provisions designated by the City as 11 -05 and by the State as
State Project No. 2736 -45 (T.H. 101 = 187)(" Project "); and
2. The City requests the State participate in the costs of the bituminous surfacing, concrete curb and gutter, trail
improvements and storm sewer construction and the State is willing to participate in the costs of said
construction and associated construction engineering; and
3. A separate Limited Use Permit # 2736 -0135 between the State and City of Chanhassen will address the
maintenance and operation of a non- motorized recreational trail; and
4. 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.
Agreement
1. Term of Agreement; Survival of Terms; Plans;
I.I. 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 niust survive
in order to give effect to their meaning will survive the expiration or termination of this Agreement,
including, without limitation, the follo-wing clauses: 2.4. State Ownership of Improvements; 5. Maintenance
by the City; 9. Liability; Worker Compensation Claims; hrsurance; 11. State Audits; 12. Government Data
Practices; 13, Governing Law; Jurisdiction; Venue; and 15. Force Majeure.
1.4. Plans, Specifications, Special Provisions. State - approved City plans, specifications and special provisions
designated by the City as 11 -05 and by the State as State Project No. 273645 (T.H. 101 =187) are on file in
"
_ ---- -. : ----- the - office - of the Ci `s irreer�atrci itYeo�r oratc�t into this A reetne►if b -- reference: "Pro "eel- Plaiis
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2. Right -of -Way Use
2.1. Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to
occupy trunk highway right- of-�vay as necessary to perform the work described in the Project Plans. This
right is limited to the purpose of constructing the project, and administering such construction, and may be
revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy
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MaIDOT Contract No: 01176
includes, but is not litnited to, breaching the terms of this or any other agreement (relevant to this project)
with the State, failing to provide adequate traffic control or other safety measures, failing to perform the
construction properly and in a timely manner, and failing to observe applicable environmental laws or terms
of applicable permits. The State will have no liability to the City (or its contractors or consultants) for
revoking this right of occupancy.
2.2. State Access; Srtspensiolr of fork; Remedial Measures. The State's District Engineer or assigned
representative retains the right to enter and inspect the trunk highway right -of -way (including the
construction being performed on such right -of -way) at any time and without notice to the City or its
contractor. If tile State determines (in its sole discretion) that the construction is not being performed in a
proper or titnely manner, or that environmental laws (or the terms of permits) are not being complied with,
or that traffic control or other necessary safety measures are not being properly implemented, then the State
may direct the City (and its contractor) to take such remedial treasures as the State deems necessary. The
State may requite tine City (and its contractors and consultants) to suspend their operations until suitable
remedial action plans are approved and implemented. The State will have no liability to the City (or its
contractors or consultants) for exercising its rights under this provision.
2.3. Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the State
right-of-way, they must comply with the approved traffic control plan, and with applicable provisions of the
Work Zone Field Handbook ( littp:Hw%vtiy. dot. state. niti. us /tr tfficeng/rvorkzone /index.html All City,
contractor, and consultant personnel occupying the State's right -of -way must be provided with required
reflective clothing and hats.
2.4. State Ownership oflniprovements. The State will retain ownership of its trunk highway right -of -way,
including any improvements made to such right -of -way under this Agreement, unless otherwise noted. The
warranties and guarantees made by the City's contractor with respect to such improvements (if any) will
flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and
to obtain recovery from the City's consultants, and contractor (including its sureties) for non- performance of
contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request
of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract
rights to the State and to permit subrogation by the State with respect to claims against the City's consultants
and contractors.
3. Contract Award and Construction
3.1. Bids and Award The City will receive bids and award a construction contract to the lowest responsible
bidder (or best value proposer), subject to concurrence by the State in that award, according to the Project
Plans. The contract construction will be performed according to the Project Plans.
3.2. Bid Documents furnisherl by the City. The City will, within 7 days of opening bids for the construction
contract, submit to the State's State Aid Agreements Engineer 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 will not award the construction contract until the State advises the City in writing of its
concurrence.
3.3. Rejection of Bids. The City may reject and the State may require the City to reject any or all bids for the
construction contract. The patty rejecting or requiring the rejection of bids must provide the other part)
written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon
-- -Alne- rejection -of all- bids,, -a- party -tray- request; -in- writing,, that- the -biddittg-process- berepeated Upon - -
other party's written approval of such request, the City will repeat the bidding process in a reasonable period
of time, without cost or expense to tine State.
3.4. Contract Terms. The City's contract with its construction contractor(s) must include the following terms:
A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended
third -party beneficiary of the contract with respect to the portion of work performed on the State's right -
of -way; and
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Mn /DOT Contract No: 01176
B. A clause requiring the State to be named as an additional insured on any insurance coverage which the
contractor is required to provide; and
C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk
highway, will flow to, and be enforceable by, the State as the owner of such.improvernents.
3.5. Direction, Supervision and Inspection of Construction
A. The contract construction will be under the direction of the City and under the supervision of a registered
professional engineer; however, the State participation construction covered under this Agreement will
be open to inspection by the State District Engineer's authorized representatives. The City will give the
State Aid Agreements Engineer at Roseville five days notice of its .intention to start the contract
construction.
B.. Responsibility for the control of materials for the contract construction will be on the City and its
contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 .
in the State's current "Standard Specifications for Construction ".
3.6. Completion of Construction. The City will cause the contract construction to be started and completed
according to 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 District Engineer's authorized representative, for unavoidable delays encountered in the
performance of the contract construction.
3.7. Plan Clia►nges. All changes in the Project Plans and all addenda, change orders and supplemental
agreements entered into by the City and its contractor for contract construction must be approved in writing
by the State District Engineer's authorized representative.
3.8. Compliance with Laws, Ordinances, Regulations The City will comply and cause its contractor to comply
with all Federal, State and Local laws, and all applicable ordinances and regulations. With respect only to
that portion of work performed on the State's trunk highway right -of -way, the City will not require the
contractor to follow.local ordinances or to obtain local permits.
3.9. Construction Documents Furnishe() b) the City. The City will 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. Copies of the endorsed and canceled City warrants) or checks) paying for final contract construction, or
computer documentation of the warrant(s) issued, certified by an appropriate City official that final
construction contract payment has been made.
C. Copies of all construction contract change orders and 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:
i. Satisfactory performance and completion of all contract construction according to the Project Plans.
ii. 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 ".
. -. —.- iii.- Full_payrnent -by. the - City- .to- its.contr -for all -contr act - 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.
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Mn/DOT Contract No: 01176
4. Right -of -Way; Easements; Permits
4.1. The City will, without cost or expense to the State, obtain all rights -of -way, easements, construction permits
and any other permits and sanctions that may be required in connection with the local and thank highway
portions of the contract construction. Before payment by the State, the City will filrnish the State with
certified copies of the documents for rights- of-way and easements, construction permits and other permits
and sanctions required for State participation construction covered under this Agreement.
4.2. The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing
operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or
expense to the State.
4.3. The City will comply with Minnesota Statutes § 216D.04, subdivision l(a), for identification, notification,
design ineetings and depiction of utilities affected by the contract construction.
4.4. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by
the City of Chanhassen to be constructed upon and within the trunk highway right -of -way. Applications for
permits will be made on State form "Application for Utility Permit on Trunk Highway Right Of Way"
(Forst TP2525).
4.5. Limited Use Pernilt. The City has obtained, through the District's Right of Way Area Manager, a Limited
Use Permit No. 2736-.0135 to cover the City's liability and maintenance responsibilities of non- motorized
trail; to be constructed upon the State right -of -way.
5. Maintenance by the City
Upon completion of the project, the City will provide the following iNithout cost or expense to the State:
5.1. Storm Sewers and Ponds. Routine maintenance of Pleasant View Road storm sewer facilities construction.
Routine maintenance includes, but is not limited to, grit chambers, 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.
5.2. Municipal Utilities. Maintenance of any inunicipal -owned utilities construction, without cost or expense to
the State.
5.3. Sidewalks and Trails. Maintenance of the trail 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, snowing
grass boulevards (if any) and any other maintenance activities necessary to perpetuate the sidewalks in a
safe, useable, and aesthetically acceptable condition.
5.4. Retaining lValls. Maintenance of any retaining wall construction. Maintenance includes graffiti removal
and any other maintenance activities necessary to perpetuate the wails in a safe, usable and aesthetically
acceptable condition.
5.5. 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
pa rty. The dra inage areas served by the s torm sewer facilities constructed under the construction contract
.... ...... ... ....
- ....- -- - -- -- - - - -- -- — - - -- - -- — -- ...__....— - - -- -- — -- - -- --- ..__.....
are shown in a drainage area map, EXIIIBIT "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.
6. State Cost and Payment by the State
6.1. State Cost. $664,000.00 is the State's frill and complete lump sum cost for bituminous surfacing,'concrete
curb and gutter, trail improvements and storm sewer construction and associated construction engineering,
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Mn /D0T Contract No: 01176
which includes a lump sum amount of $20,000.00 for additional work requested by Water Resources
Engineering.
6.2. Cotuiitions of Payment. The State will pay the City the full and complete lump sum amount or the total cost
of the contract construction as shown in the awarded contract bid document plus an 8 percent construction
engineering cost share, whichever amount is smaller, after the following conditions have been met:
A. Encumbrance by the State of the State's full and complete State funded lump sum cost share.
B. Approval by the State's Land Management Director at St. Paul of certified documentation, submitted by
the City, for all right -of -way and easement acquisitions required for the contract construction.
C. Execution of this Agreement and transmittal to the City, including a letter advising of the State's
concurrence in tlue award of the construction contract.
D. Tile State's receipt of a written request from the City for the advancement of funds. The request will
include certification by the City that all necessary parties have executed the construction contract.
6.3. Limitations of State Pgyntent, No State Pajunent to Contractor
The State's participation in the contract construction is limited to the lump sum amount shown in Article
7.1, and the State's participation will not change except by a mutually agreed written amendment to this
Agreement. The State's payment obligation extends only to the City. The City's contractor is not intended
to be and will not be deemed to be a third party beneficiary of this Agreement. The City's contractor will
have no right to receive payment from the State.. The State will have no responsibility for claims asserted
against the City by the City's contractor.
7. Authorized Representatives
Each party's Auuthorizea Representative is responsible for administering this Agreement and is authorized to give
and receive any notice or demand required or permitted by this Agreement.
7.1. The State's Authorized Representative will be:
Name/Title: Maryamre 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 .kellysorrnek @state.mn.us
7.2. The City's Authorized Representative will be:
Name /Title: Paul Oehme, Director of Public Works /City Engineer (or successor)
Address: 7700 Market Boulevard, P.O. Box 147 Chanhassen, MN 55317
Telephone: 952 -227 -1100
Fax: 952- 227 -1110
8. Assignment; Amendments; Waiver; Contract Complete
8.1. Assignment. Neither party 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- execurted -arid- approved - this - Agreement,- or-- theirsuuceessors -in- office.----.-------- - - - - -- -
8.2. 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.
8.3. 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.
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Mn /DOT Contract No: 01176
8.4. 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.
9. Liability; Worker Compensation Claims; Insurance
9.1. Each pate 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. Notwithstanding the foregoing, the City will indemnify, hold
harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any
claims, causes of actions, damages, costs (including reasonable attorneys fees), and expenses arising in
connection with the project covered by this Agreement, regardless of whether such claims are asserted by
the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its
contractor(s) or consultant(s).
9.2. Each party is responsible for its own employees for any claims arising tinder the Workers Compensation
Act.
9.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the
City's contractor.
10. Nondiscrimination
Provisions of Minnesota Statutes § 181.59 and of any applicable la-,v relating to civil rights and discrimination are
considered part of this Agreement.
11. 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.
12. 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.
13. 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.
14. Termination; Suspension
14.1. Bi Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the
State for insufficient funding as described below.
I4.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not
_........._obtain fiuttdinp fi_otu the Minnesota Legislature, orother finding source;-or i£fund.i.ng_canuot be... continued ._._.._..........._......_...
at a level sufficient to allow for the payment of the services covered here. Termination must be by written
or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and
effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis,
for services satisfactorily performed to the extent that fiords are available. The State will not be assessed
any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other
funding source, not to appropriate funds.
-6-
Mn /DOT Contract No: 01176
14.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement
and all work, activities, perfonnance and payments authorized through this Agreement. Any work
performed during a period of suspension will be considered unauthorized work and will be undertaken at
the risk of non - payment.
15. 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 imajeure event. A force majeure event is an event beyond a
party'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-
MtL/DOT Coiitract No: 01176
STATE ENCUMBRANCE VERIFICATION
Individual certifies that finds have been encumbered
as required by Minnesota Statutes § 16A. 15 and
16C.05.
Signed:
Date:
SWIFT Purchase Order:
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:
Date:
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
(State Design Engineer)
Date:
COMMISSIONER OF ADMINISTRATION
By:
(With delegated authority)
Date:
- - MC- L- UDE- GOP -Y-OF- RE-SOULUTION— "PROVING TH.E AGREEMENT- AND- AUTHORIZING -ITS - _._. - _...--- ...__.. _....._..._.....
EXECUTION.
r :11
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: August 13, 2012 RESOLUTION NO: 2012-
MOTION BY:
SECONDED BY:
RESOLUTION APPROVING THE CITY ENTER INTO MnDOT
COOPERATIVE CONSTRUCTION AGREEMENT NO. 01176 FOR THE
TH 101 AND PLEASANT VIEW ROAD PROJECT NO 11 -05
WHEREAS, to provide payment by the State to the City of the State's share of the costs
of the bituminous surfacing, concrete curb and gutter and trail improvements construction and
other associated construction to be performed upon, along and adjacent to Trunk Highway No.
101 from Fox Hollow Drive to W. 62" Street with the corporate City limits under State Project
No. 2736 -45 (TH 101 = 187).
NOW, THEREFORE BE IT RESOLVED that the Mayor and Chanhassen City
Council are authorized to execute the Agreement and any amendments to the Agreement.
Passed and adopted by the Chanhassen City Council this 13 day of August, 2012.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES NO ABSENT
Capital Improvement Program 2012 rhru 2016
City of Chanhassen, MN
Project # ST -027
Project Name TH 101/Pleasant View Rd Intersection & Trail Imp
Department
Street Improvements
Contact
Paul Oehme
Type
Improvement
Useful Life
95,000
Category
Streets/Highways
Account #1 420 - 4007 -xxxx Account #3 Priority n/a
Account #2 Account #4
Description Total Project Cost: $1,080,000
The City has applied for state funds to make improvements to the intersection of TH 101 and Pleasant View Road. These improvements include
turn lanes, shoulder, drainage and trail improvements. The project would widen the intersection so left turn lanes can be constructed and curb and
gutter on TH 101 would be constructed where necessary. A 10' wide bituminous trail would be constructed on the west side of TH 101 from
Pleasant View Road to Town Line Drive. A trail would also be constructed on the north side of Pleasant View Road to connect to an existing trail
crossing.
Justification I
ITo improve safety, access and mobility in the project area.
Expenditures
Total
construction
2012 2013 2014 2015 2016
1,0 80,000
1,080,000
Total 1,080,000 1,080,000
Funding Sources 2012 2013 2014 2015 2016 Total
MSA
285,000
285,000
Other Agency Contribution
560,000
560,000.
Park Dedication Fund
95,000
95,000
Street Pavement Management
90,000-
90,000
Surface Water Utility Fund
50,000
50,000
Total
11080,000
1,080,000
Budget l mpactl0ther
Future maintenance of trail.
102