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5. TH 101 -Lyman to Pioneer- Improvement Project: Approve Resolutions and Agreements0 CITY OF CgANHASSEN 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 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Paul Oehme, Dir. of Public Works /City Engineer` 5 DATE: January 28, 2013 �'..- SUBJ: TH 101 (Lyman Boulevard to Pioneer Trail) Improvement Project 12 -06: Resolutions Approving Plans & Specifications & Authorizing Advertisement of Bids and Cooperative Agreement with MnDOT; Approve Joint Powers Agreement with Carver County PROPOSED MOTION "The City Council approves resolutions approving plans and specifications and authorizing advertisement of bids and Cooperative Agreement with MnDOT and approves Joint Powers Agreement with Carver County." City Council approval requires a simple majority vote of the City Council present. BACKGROUND On August 8, 2011, the City Council held a public hearing for the Environmental Assessment for this project. On November 14, 2011, the City Council was updated on the status of the project and comments and responses received at the public hearing. On December 12, 2011, the City Council approved a resolution accepting environmental assessment and making a negative declaration on the need for an EIS. Phone: 952.227.1300 On April 23, 2012, the City Council approved a funding agreement with the Fax: 952.227.1310 Minnesota Department of Transportation (MnDOT) for design and right -of -way Senior Center acquisition (Agreement No. 00789). 52. 9 Phone: 227.1125 F ax: one:52.2110 On June 11, 2012, the City Council was updated on the project status. Web Site On November 13, 2012, the City Council approved a resolution to advance state aid www.ci.chanhassen.mn.us funds for this project. The advanced state aid funds will be paid back with state turnback funds. On January 15, 2013, the Planning Commission held a public hearing for a Wetland Alteration Permit for the corridor. Staff did not receive any comments. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt TH 101 Improvement Project (Lyman Blvd. to Pioneer Trl.) January 28, 2013 Page 2 This segment of TH 101 is proposed to be reconstructed to a four -lane divided design with pedestrian/bicycle trails along both sides of the roadway. The primary goals of the project are as follows: Improve safety for people along the existing TH 101 corridor. ✓ Reduce crashes to the extent possible. ✓ Add turn lanes to provide safe turning movements at intersections. ✓ Improve sight distance by reducing sharp curves and steep grades near intersections. Improve capacity and connectivity along the TH 101 corridor. ✓ Accommodate regional and local transportation needs of anticipated population and employment growth in the TH 101 corridor by increasing traffic capacity. The proposed design is consistent with the environmental document that was completed in 2011. Additionally, three storm ponds will be constructed to treat the storm water runoff from the section of TH 101. These ponds have also been oversized to treat runoff from local streets when these streets are reconstructed. A pedestrian underpass under TH 101 is proposed along with a new trail on the west side of TH 101. The access location to Bandimere Park will be moved farther to the north for better visibility and safety. This access also aligns with the driveway on the west side of TH 101. New trunk watermain is also planned to be constructed along this segment of TH 101 to plan for future growth in the area. The sanitary sewer forcemain at 96 street will be replaced and a sewer stub from the 96 street lift station across TH 101 to the east is planned for potential future service connections in the Foxford Road development. The project is being completed in cooperation with MnDOT and Carver County since TH 101 is currently under MnDOT jurisdiction and the roadway will be turned back to Carver County upon the completion of the proposed improvements. The project requires the acquisition of permanent right -of -way and/or temporary easements from twelve individual properties. The acquisition needs of the project also include the dedication of right -of -way from the Bandimere Park property and the acquisition of two residential properties from Mark and Kari Nettesheim along the north side of the park. The westerly Nettesheim property was paid for with State project funds. The eastern Nettesheim property was paid for with City funds using Park Dedication funds. All necessary right -of -way has been acquired for the project at this time. Over the past 9 months, City staff and the consultant team have been working through various design and right -of -way /easement acquisition issues for the project. This has included numerous meetings with individual property owners along the project corridor. The total estimated project cost is $12,875,000. This cost includes environmental assessment work, preliminary and final design and right of way acquisition costs. All the environmental, preliminary design, final design and right -of -way acquisition work required for the project was paid for with State funds. The construction project cost estimate is $10,481,000. This cost includes construction cost, construction administration costs, surveying and geotechnical testing. The project is proposed to be financed through various sources including Federal Surface Transportation Program (STP) funding that the City secured through the 2009 regional solicitation process, other State funds, Carver County funds and City funds. The following is a summary of the proposed financing plan: gAeng \public \_2012 projects \12 -06 th 101 (lyman blvd to pioneer trl) improvements \012813 bkgd th 101 apry plans specs jbh comments.doc Todd Gerhardt TH 101 Improvement Project (Lyman Blvd. to Pioneer Trl.) January 28, 2013 Page 3 State funds, Carver County funds and City funds. The following is a summary of the proposed financing plan: Federal STP Funds $ 5,610,000 MnDOT /State • State Funds SRC $ 1,900,000 • State Aid Loan Fund (turnback Funds) $ 1,680,000 Chanhassen • Water Enterprise funds $ 600,000 • Sewer Enterprise Funds $ 70,000 • Municipal State Aid Funds $ 105,000 • Park Dedication Funds $ 25,000 • Storm Sewer Enterprise Funds $ 25,000 Carver County $ 466,000 Total Estimated Project Cost $10,481,000 Staff has been working out final funding agreements with MnDOT and Carver County. These agreements are to fund each agency portion of the project. Carver County agreement is to help pay for the intersection improvements at Pioneer Trail and the installation of conduit along the corridor. This agreement goes to the Carver County Board for approval on February, 5, 2013. The City attorney has reviewed the agreements. PROPOSED SCHEDULE The current schedule for the project is as follows: • Approve Plans & Specs; Authorize Ad for Bid January 28, 2013 • Approve MnDOT Cooperative Agreement & January 28, 2013 Carver County JPA • Bid Opening March 15, 2013 • Award Construction Contract April 8, 2013 • Construction Start May, 2013 • Substantial Construction Completion November, 2013 • Final Completion July, 2014 Attachments: 1. Cooperative Construction Agreement with MnDOT 2. Joint Powers Agreement with Carver County 3. Resolutions 4. CIP Sheet 5. Project Exhibit c: Bill Weckman, Carver County Cyrus Knutson, MnDOT Jon Horn, Kimley -Horn & Associates g:\eng\public\ th 101 (lyman blvd to pioneer trl) improvements \012813 bkgd th 101 apry plans specs.doc Mn/DOT Contract No: 02934 State Project Number (S.P.): Trunk Highway Number (T.H.): State Aid Number (S.P.): State Aid Number (S.P.): Federal Project Number: STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF CHANHASSEN COOPERATIVE CONSTRUCTION AGREEMENT 1009 -22 Original Amount Encumbered 101 State Funds 010 - 614 -008 $1,900,000.00 194 - 010 -011 STPX 1011 (146) 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 roadway reconstruction, sidewalk, trail, box culvert underpass, lighting improvements, signal improvements and municipal utilities construction and other associated construction upon, along and adjacent to old T.H. 101 from 390 feet south of C.S.A.H. 14 (Pioneer Trail) to 550 feet south of C.S.A.H. 18. (Lyman Avenue); and upon, along and adjacent to C.S.A.H. 14 (Pioneer Trail) from 290 feet west of old T.H. 101 to 236 feet east of old T.H. 101 according to City - prepared plans, specifications and special provisions designated by the City as S.P. 194- 010 -011 and S.P. 010- 614 -008 and by the State as State Project No. 1009 -22 (T.H. 101)( "Project "); and 2. The City requests the State participate in the costs of the roadway reconstruction and sidewalk, trail, lighting improvements and signal improvement construction and the State is willing to participate in the costs of said construction up to a lump sum amount as set forth in this Agreement; and 3. The Federal -aid funds available for the construction contract will be paid to the City through the State Aid Finance Office under the Delegated Contract Process on a reimbursable basis after expenses have been incurred, up to the authorized capped amount; and. 4. State funds or State fund match for the Federal -aid funds will be advanced to the City in a lump sum amount as set forth in this Agreement; and 5. The Catalog of Federal Domestic Assistance number or CFDA number is 20.205; and 6. Agreement No. 97687, dated February 15, 2012, between the State and Carver County, provides for the release to the jurisdiction of Carver County that portion of old T.H. 101 to be reconstructed by the City under this Project and upon said release, Carver County will become the road authority responsible for that portion of old T.H. 101 and it will designated a County State Aid Highway route; and 7. Upon completion of the Project and release of the roadway to Carver County, the State will have no further obligations or responsibility for improvement or maintenance of that portion of old T.H. 101 so released; and 8. 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. -1- Mn/DOT Contract No: 02934 Agreement 1. Term of Agreement; Survival of Terms; Plans 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: 2.4. State Ownership of Improvements; 8. Liability; Worker Compensation Claims; Insurance; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. 1.4. Plans, Specifications, Special Provisions. State- approved City plans, specifications and special provisions designated by the City as S.P. 194 - 010 -011 and S.P. 010 - 614 -008 and by the State as State Project No. 1009 -22 (T.H. 10 1) are on file in the office of the City's Engineer and incorporated into this Agreement by reference. ( "Project Plans ") 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 -way 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 includes, but is not limited 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, Suspension of Work; 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 the State determines (in its sole discretion) that the construction is not being performed in a proper or timely 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 measures as the State deems necessary. The State may require the 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 ( http: / /www. dot. state. mn. us /trafficeng*orkzone /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 of Improvements. The State will retain ownership of its trunk highway right -of -way, including any improvements made to such right -of -way under this Agreement until the release of the right -of -way to Carver County, 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 and then to Carver County. The City will assist the State or Carver County, 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 or Carver County, the City will undertake such actions as are reasonably necessary to transfer or -2- Mn/DOT Contract No: 02934 assign contract rights to the State or Caver County and to permit subrogation by the State or Carver County 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 furnished 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 party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids, a party may request, in writing, that the bidding process be repeated. Upon the 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 the State. 3.4. Direction, Supervision and Inspection of Construction A. The contract construction will be under the direction of the City and under the direct supervision of a registered professional engineer. The supervision provided by the City may only be assigned, sublet, or transferred after the City is notified in writing by the State that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for satisfactory performance of the contract construction. The City will provide a City- employed registered professional engineer to oversee the contract construction, if the same consultant that designed the project employs the engineer supervising the contract construction directly. B. The State will be the primary overseer of the contract construction and a State District Engineer authorized representative will perform regular periodic inspections during construction. The City will give the State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract construction. C. The City will notify the Independent Assurance Inspector when the contract construction is in progress that requires observation by the Independent Assurance Inspector as required by the Independent Assurance Schedule. 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 ". 3.5. 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. 3.6. Plan Changes 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. 3.7. State Furnished Engineering Services. Upon written request from the City, the State may furnish specific engineering or technical services, pursuant to Minnesota Statutes § 161.39. Such services may be covered by other technical services agreements. The City will pay the State to reimburse the Trunk Highway Fund for the full cost and expense of furnishing such services, upon the State's requests for reimbursement. The 1192 Mn/DOT Contract No: 02934 costs and expenses will include the current State labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Providing such services will not make the State a principal or co- principal with respect to liability regarding the contract construction. 3.8. Compliance with Laws, Ordinances, Regulations A. 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. B. City treatment of all public, private or cooperatively owned utility facilities which directly or indirectly serve the public and which occupy highway rights of way will conform to 23 CFR 645 "Utilities" which is incorporated into this Agreement by reference. 3.9. Construction Documents Furnished by the City. The City will keep records and accounts that enable it to provide the State or Carver County, 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 warrant(s) or check(s) 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 payment by the City to its contractor for all contract construction. E. Copies, certified by the City's Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction. F. A copy of the "as built" plan sent to the State Aid Agreements Engineer. 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 trunk highway portions of the contract construction. Before payment by the State, the City will furnish 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 comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, . design meetings and depiction of utilities affected by the contract construction. 4.3. The City will submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, under Minnesota Statutes § 115.07 or Minnesota Rules 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction. The City is advised that under Minnesota Rules 7001.1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. -4- Mn/DOT Contract No: 02934 5. State Cost and Payment by the State 5.1. State Cost. The State's full and complete lump sum cost for roadway reconstruction and sidewalk, trail, lighting improvements and signal improvement construction is $1,900,000.00. 5.2. Conditions of Payment. The State will pay the City the State lump sum cost share 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 the award of the construction contract. D. The 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. 5.3. Limitations of State Payment, No State Payment to Contractor The State's participation in the contract construction is limited to the lump sum amount shown in Article 5. LB, 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. 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 6.2. 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 -1169 Fax: (952) 227 -1170 E -Mail: poehme @ci.chanhassen.mn.us 7. Assignment; Amendments; Waiver; Contract Complete 7.1. 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 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. W11 Mn/DOT Contract No: 02934 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; Insurance 8.1. Each parry 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). 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 8.3. The City may require its contractor to carry insurance to cover claims for damages asserted against the City's contractor. 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 by the State 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. 13. Termination; Suspension 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 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 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, 561 Mn/DOT Contract No: 02934 for services satisfactorily performed to the extent that funds 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. 13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance 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. 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 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- Mn/DOT Contract No: 02934 STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: SWIFT Purchase Order: CITY OF C 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: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: Date: (With delegated authority) INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -8- JOINT POWERS AGREEMENT between CARVER COUNTY AND THE CITY OF CHANHASSEN for DESIGN AND CONSTRUCTION of ROADWAY AND TRAFFIC SIGNAL IMPROVEMENTS at the TH 101 /PIONEER TRAIL (CSAH 14) INTERSECTION THIS AGREEMENT, made and entered into by and between the City of Chanhassen, a municipal corporation, organized under the laws of the state of Minnesota, party of the first part, hereinafter referred to as "City ", and the County of Carver, Minnesota, a municipal corporation organized under the laws of the State of Minnesota, party of the second part, hereinafter referred to as "County "; WITNESSETH: WHEREAS, The City and County desire to reconstruct TH 101 between Lyman Boulevard (CSAH 18) and Pioneer Trail (CSAH 14); and WHEREAS, TH 101 is proposed to be reconstructed from a two -lane rural section to a four -lane divided urban section design; and WHEREAS, The proposed improvements to TH 101 include the reconstruction of the TH 101 /CSAH 14 intersection including the reconstruction of the existing traffic signal at the intersection; and WHEREAS, The County has requested that the proposed improvements include the installation of fiber optic signal interconnect between the traffic signal systems at TH 101 /CSAH 18 and TH 101 /CSAH 14; and WHEREAS, The County has also requested that one 1 -1/4" non - metallic conduit be installed along TH 101 between CSAH 18 and CSAH 14 for future fiber optic purposes; and WHEREAS, The County Board of Commissioners adopted Cost Participation Policies Applicable to Cooperative Highway Projects between Carver County and Other Agencies on February 17, 1998, and amended on February 13, 2007, and WHEREAS, The parties agree that cost and maintenance responsibilities for items that are not specifically covered in this agreement shall follow the standard county cost participation policy - - .......mentioned_above,- and -------------------------- ----- -- -- -- - ---- - - - - -- ......- - ------------ - - - ... -- -- ------- ------ - - - - -- --- - - - - -- Page 2 of 9 WHEREAS, It is the desire of both of the parties hereto to enter into a written document regarding the design and construction of the roadway, traffic signal, signal interconnect, and fiber optic conduit improvements along TH 101 and at the TH 101 /CSAH 14 intersection. NOW, THEREFORE, Pursuant to Minnesota Statutes 471.59 and in consideration of the mutual covenants and promises hereinafter contained, it is agreed by and between the City and the County as follows: Article 1 Enabling Authority Minnesota Statutes Section 471.59 authorizes two or more governmental units to jointly exercise any power common to the contracting parties. Article 2 Purpose This Agreement shall apply only to the improvement of TH 101 between CSAH 18 and CSAH 14 and at the TH 101 /CSAH 14 intersection. Article 3 Prosecution of Work A. The City will: 1) Prepare, through its consulting engineer (Kimley -Horn), construction plans and specifications with an estimate of cost for the construction project. 2) Acquire at its expense, if any, all necessary permanent and temporary right -of- way, construction easements, and slope easements for the construction of said project and assign any and all interest to said permanent right -of -way therein to the County. 3) Acquire at its expense, if any, permanent drainage and utility easements as needed for the construction of storm sewer ponds and the mitigation of wetland impacts. 4) Act as the contracting agency for the construction project in accordance with the competitive bidding requirements of Minnesota Statutes 471.345 and 375.21. 5) Provide necessary surveying and construction inspection engineering services for the project. 6) Obtain written approval of the construction plans, specification and special provisions from the Carver County Engineer prior to advertising the project for bids. 7) Obtain concurrence from the County in the award of a construction contract for -. the_ proj-ert. --The—City_ shalLnot_ award_the_construction_contract .until_the- County--...._---..------..... . ------- ..j- advises the City in writing of its concurrence therein. Page 3 of 9 8) Maintain the project open to inspection by the County Engineer and the Minnesota Department of Transportation or their duly authorized representatives. 9) Obtain the written approval of the County Engineer for any change orders or supplemental agreements to the contractor involving work in which the County is cost participating, prior to the performance of such work. B. The City agrees to do all things necessary for the construction of said project except as set forth in this Agreement. Said project on TH 101 is to be constructed, consistent with current State Aid Standards, in accordance with the geometric configuration established through the design process. C. The City agrees that upon completion of the project construction, the City shall provide the County with original construction plans ( "as- built "), specifications, survey notes and other project documents. D. The method of financing the improvement project shall be the prerogative of the County and the City. It is understood between the City and County that the project includes an estimated $9,001,500 of construction costs that are eligible for federal funds. It is also recognized that the federal funding available for the project is $5,426,400. Given the shortage of federal funds, the County is agreeable to not use federal funds on the estimated $353,600 of federally eligible construction items on project SP 010 -614 -006. Funding of the project is subject to the following provisions: 1) CONSTRUCTION COSTS: a. The County agrees to be responsible for the construction cost of roadway improvements to CSAH 14 beyond the radius returns at the TH 101 /CSAH 14 intersection, for 50% of the construction cost for the traffic signal improvements at the TH 101 /CSAH 14 intersection, and for 100% of the construction cost of the traffic signal interconnect, which are estimated to total $353,600, based on the final engineer's cost estimate. b. The County agrees to be responsible for 100 %' of the construction cost of the fiber optic conduit improvements, which are estimated to total $41,350, based on the final engineer's cost estimate. 2) ENGINEERING COSTS: The County will reimburse the City a total amount of 18% of the construction cost of the County's share of the improvements for design and construction related services, which is estimated to total $71,091 based on the final engineer's cost estimate. 3) REIMBURSEMENTS: a. The City shall, when a construction contract is proposed to be awarded, prepare a revised estimate and cost participation breakdown based on the const ruction contract unit prices and submit a copy to the Countv. Upon concurrence to award a construction contract, the County agrees to Page 4 of 9 advance the City an amount equal to 90% of the County's construction cost share. The County agrees to pay the City within thirty (30) days after concurrence to award a construction contract. b. Upon substantial completion of the project, the City shall prepare a revised estimate and construction cost breakdown based on the construction contract unit prices and the actual units of work performed for the project and submit a copy to the County. The engineering costs to be paid to the City by the County shall be based on the final construction cost. The City shall add the County's final construction costs and engineering costs and deduct County funds previously advanced for the project to determine the balance due. Upon completion and final acceptance of the project and receipt of a detailed listing of the final actual construction and engineering costs, the County will reimburse the City within thirty (30) days for any balance due. In the event the County deposit exceeds the actual final costs of the County share, the City will refund within thirty (30) days such overpayment. 4) MAINTENANCE: Traffic signal maintenance will be completed as per most current revised maintenance agreements. Present maintenance agreement terms include: a. County cost participation in the furnishing and maintenance of electrical power to a traffic signal (including the attached street lights) to be 0% if the traffic signal is located within a City. The City will be responsible for 100% of the costs of furnishing and maintaining electrical power for the traffic signal and the attached street lights. b. County cost participation in the maintenance of a traffic signal to be 100 %, unless otherwise stipulated by special agreement with the Minnesota Department of Transportation or other agency. The County will provide traffic signal major maintenance and system operation for all county highway intersections. Major maintenance includes the signal controller, hardware, and other associated items. The County will provide traffic signal minor maintenance (not including the attached street lights) at all County highway intersections with City streets and/or Township roads. Minor maintenance includes cleaning, painting using a MnDOT acceptable color of paint, relamping of a signal system (replacing the lamp and cleaning the reflector and lens for all the signal heads), and other associated items. Cities and/or Townships are responsible for 100% of maintenance associated with street lights on a traffic signal. The County is responsible for maintaining the County highway between curbs or between outside edge of shoulders. It may enter into agreement with the municipality to perform this work on a reimbursable basis. Page 5 of 9 The municipality is responsible for maintenance of its utilities including any storm sewer within the County highway right -of -way and maintenance of storm sewer ponds that service the storm sewer system. The municipality is responsible for maintaining bicycle paths and walking trails, including pedestrian underpasses. The municipality is responsible for maintaining boulevard or ditch areas, landscaped median areas, irrigation systems, sidewalk, retaining walls, steps and other related items within the right -of -way on an urban design section. Article 4 Hold Harmless and Indemnification A. The Parties' total liability under this Agreement shall be governed by Minn. Stat. § 471.59, subd. la. B. Each Party agrees that it will be responsible for the acts or omissions of its officials, agents, and employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and shall not be responsible for the acts /omissions of the other Party and the results thereof. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single governmental unit as provided in Minn. Stat. § 466.04, subd. 1. C. Each Party agrees to defend, hold harmless, and indemnify the other Party, its officials, agents, and employees, from any liability, loss, or damages the other Party may suffer or incur as the result of demands, claims, judgments, or cost arising out of or caused by the indemnifying Party's negligence in the performance of its respective obligations under this Agreement. This provision shall not be construed nor operate as a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law. D. To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. E. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. Page 6 of 9 Article 5 Worker's Compensation A. It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of the provisions of services hereunder shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by third parties engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the City. B. It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of the provisions of services hereunder shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by third parties engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the County. Article 6 Records — Availability and Access A. Pursuant to Minnesota Statute 16C.05, Subd. 5, the City agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the city and involve transactions relating to this Agreement. B. City agrees to maintain these records for a period of six years from the date of termination of this Agreement. C. Pursuant to Minnesota Statute 16C.05, Subd. 5, the County agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the County and involve transactions relating to this Agreement. D. County agrees to maintain these records for a period of six years from the date of termination of this Agreement. Article 7 Data Privacy Each party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and - implementing regulations,-- if-applieable;- and- aff- other applicable state -and -- federal - laws- rules, - - - - - Page 7 of 9 regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. Article 8 Nondescrimination During the performance of this Agreement, the City and the County agree to the following: A. No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. Article 9 Default and Withdrawal A. Each Party to this agreement reserves the right to withdraw from and cancel this agreement within 30 days from the opening of bids for the project in the event either or both parties consider any or all bids unsatisfactory; the withdrawal form or cancellation of the agreement to be accomplished by either or both parties within 30 days of opening of bids by serving a written notice thereof upon the other, unless this right is waived by both parties in writing. B. Representatives for each of the parties to this Agreement area as listed below: CITY OF CHANHASSEN Paul Oehme 7700 Market Boulevard, PO Box 147 Chanhassen, MN 55317 952 - 227 -1169 poehme@ci.chanlhasseii.mn.us COUNTY OF CARVER Bill Weckman 11360 Highway 212, Suite 1 Cologne, MN 55322 952- 466 -5200 bweekmanC(i,co.cat- ver.nzn.us Article 10 Merger and Modification A. Each party agrees that any modification of this Agreement will be in writing and will be signed by the parties hereto. B. Each party understands the contract for this project is scheduled to be awarded in 2013. In the event the contract for this project is not awarded in 2013, this Agreement shall be subject to renegotiation. Article 11 Nonwaiver, Severability and Applicable Laws A. Nothing in this Agreement shall constitute a waiver by the County of any statute of limitations or exceptions on liability. If the County fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. Page 8 of 9 B. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. C. The Laws of the State of Minnesota shall apply to this Agreement. Article 12 Section Headings The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Article 13 Third Parties This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary. [The remainder of this page has been intentionally left blank] Page 9 of 9 IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed. City of Chanhassen, Minnesota County of Carver, Minnesota Mayor, City of Chanhassen Chair, County Board of Commissioners Date: Date: Attest: Attest: City Manager County Administrator Date: Date: Approved As To Form: Approved As To Form: City Attorney County Attorney Date: Date: S:\Projects \SP 010 -614 -008 (TH 101 - 14 to 18)\JPA with City of Chanhassen.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 28, 2013 RESOLUTION NO: MOTION BY: SECONDED BY: 2013- A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS FOR THE TH 101(LYMAN BOULEVARD TO PIONEER TRAIL) IMPROVEMENT PROJECT NO. 12 -06 WHEREAS, the City Engineer's project consultant has prepared plans and specifications for the TH 101 (Lyman Boulevard to Pioneer Trail) Improvement Project and has presented such plans and specifications to the Council for approval; NOW THERE BE IT RESOLVED that the Chanhassen City Council: Such plans and specifications, a copy of which can be reviewed at the office of the City Engineer, are hereby approved. 2. The city clerk shall prepare and cause to be inserted in the official city newspaper and QuestCDN, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The ad shall be published at least three times, shall specify the work to be done, shall state that bids will be opened and that the responsibility of the bidders will be considered by the Council at a future City Council meeting, in the Council Chambers of the City Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given the opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a bid security payable to the clerk for 5% of the amount of such bid. Passed and adopted by the Chanhassen City Council this 28 day of January, 2013. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 28, 2013 RESOLUTION NO: 2013- MOTION BY: SECONDED BY: A RESOLUTION APPROVING CITY OF CHANHASSEN ENTER INTO AGREEMENT NO. 02934 WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) FOR THE TH 101(LYMAN BOULEVARD TO PIONEER TRAIL) IMPROVEMENT PROJECT NO. 12-06 WHEREAS, to provide for payment by the State to the City of the State's share of the costs of the roadway reconstruction, sidewalk, lighting improvements and signal improvement construction and other associated construction to be performed upon, along and adjacent to old TH 101 from 390 feet south of CSAH 14 (Pioneer Trail) to 550 feet south of CSAH 18 (Lyman Boulevard); and upon, along and adjacent to CSAH 14 (Pioneer Trail) from 290 feet west of old TH 101 to 236 feet east of old TH 101 within the corporate city limits under State Project No. 1009 -22. NOW THERE BE IT RESOLVED that the Chanhassen City Council: Execute the Agreement and any Amendments to the Agreement. Passed and adopted by the Chanhassen City Council this 28 day of January, 2013. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Capital Improvement Program 2013 rhru 2017 City of Chanhas MN Project # ST-028 Project Name TH 101 Improvements -Lyman Blvd to Pioneer Trail Account #1 Account #2 Account #3 Account #4 Department Street Improvements Contact Paul Oehme Type Improvement Useful Life Category Streets/Highways Priority n/a Description I Total Project Cost: $11,950,000 This project is proposed to make improvements on TH 101 from Lyman Blvd to Pioneer Trail. The improvements are proposed to improve safety, mobility and to plan for future growth in the region. The project is consistent with the 2007 101 corridor scoping study. Federal and state funds are proposed to be used to pay for most of the improvements. The City will need to pay for extension of watermain consistent with the 2030 comprehensive plan, some storm sewer improvements, a portion of the corridor landscaping and sanitary sewer extension stub. Justification ro improve safety and mobility on TH 101. The project also plans for growth of the community south of Lyman Blvd. Expenditures 2013 2014 2015 2016 2017 Total Construction 11,950,000 11,950,000 Total 11,950,000 11,950,000 Funding Sources 2013 2014 201 2016 2017 Total Assessment/Revolving Assess 75,000 75,000 MSA 250,000 250,000 Other Agency Contribution 10,800,000 10,800,000 Park Dedication Fund 25,000 25,000 Sewer Utility Fund 75,000 75,000 Surface Water Utility Fund 25,000 25,000 Water Utility Fund 700,000 700,000 Total 11,950,wo 11,950,000 Budget Impact(other 101 MORE T ,'!