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5a-c. TH 101 and Pleasant View Road: Accept Bids-Award Contract-Approve Agreements CITY OF MEMORANDUM CHANNSEN TO: Todd Gerhardt, City Manager 7700 Market Boulevard PO Box 147 FROM: Paul Oehme, Dir. of Public Works /City Engineer Chanhassen, MN 55317 DATE: February 25, 2013 Administration Phone: 952.227.1100 SUBJ: TH 101 and Pleasant View Road Intersection Project 11 -05: Fax: 952.227.1110 a. Accept Bids and Award Contract including Alternate for TH 41 Building Inspections Trail Extension & Pedestrian Crossing Enhancements Phone: 952.227.1180 b. Approve Agreement No. 01581M with MnDOT for Rapid Flashing Fax: 952.227.1190 Beacon Light c. Approve Cost- Sharing Agreement with City of Eden Prairie Engineering Phone: 952.227.1160 Fax: 952.227.1170 PROPOSED MOTION Finance A. "The City Council accepts bids and awards a contract to Eureka Phone: 952.227.1140 Construction, Inc. in the amount of $1,217,814.65 for the TH 101 and Fax: 952.227.1110 Pleasant View Road Intersection Improvements, City Project No. 11 -05 Park & Recreation including Alternate for TH 41 Trail Extension & Pedestrian Crossing Phone: 952.227.1120 Enhancements." Fax: 952.227.1110 B. "City Council approves Agreement No. 01581M with MnDOT for Rapid Recreation Center Flashing Beacon Light." 2310 Coulter Boulevard Phone: 952.227.1400 C. "City Council approves Cost - Sharing Agreement with the City of Eden Fax. 952.227.1404 Prairie." Planning & Natural Resources City Council approval requires a simple majority vote of the City Council present. Phone: 952.227.1130 Fax: 952.227.1110 BACKGROUND Public Works 7901 Park Place On June 28, 2010, Council directed staff to apply for State of Minnesota grant funds Phone: 952.227.1300 for roadway and trail improvements at the TH 101 and Pleasant View Road Fax: 952.227.1310 intersection. Senior Center In November of 2011, the City was notified the grant application was successful in Phone: 952.227.1125 obtaining $594 000 in MnDOT Municipal Agreement funding for the project. Fax. 952.227.1110 g p g g p Web Site At the February 14, 2011 Council meeting, staff gave the Council an update on the www.ci.chanhassen.mn.us proj ect. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt TH 101 & Pleasant View Road Improvement Project February 25, 2013 Page 2 On March 3, 2011, a neighborhood meeting was held in the Council Chambers. One hundred thirty four (134) notices were sent out and 13 property owners attend from both cities of Chanhassen and Eden Prairie. On March 28, 2011, the City Council accepted the feasibility report and authorized preparation of plans and specifications. On July 11, 2011, the City Council approved plans and specifications and authorized advertising for bids. On August 13, 2012, the City Council approved the Cooperative Agreement No. 01176 with MnDOT. MnDOT's total contribution is $664,000 as stated in the Cooperative Construction Agreement. This funding total includes the original $594,000 grant plus MnDOT's contributed $20,000 for replacement of a culvert under TH 101 and $50,000 for the pedestrian enhancements at the intersection. DISCUSSION TH 101 & Pleasant View Improvements The proposed improvements include adding left -turn lanes on northbound and southbound TH 101 at Pleasant View Road. In addition, a right -turn lane from eastbound Pleasant View Road to southbound TH 101 is also proposed. While a signal is not warranted by MnDOT 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 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. An enhanced pedestrian crossing signal system is proposed to provide a safer and more visible pedestrian crossing on TH 101 at Pleasant View Road. This signal system will be push- button actuated by the user which will illuminate rectangular yellow LED flashing lights to warn motorists of the pedestrian crossing. The system was recommended for this area by MnDOT and Todd Gerhardt TH 101 & Pleasant View Road Improvement Project February 25, 2013 Page 3 Kimley -Horn & Associates who is the City's consultant on the plans. Since there is no good pedestrian crossing along this corridor, City staff and the City of Eden Prairie both recommended making enhanced pedestrian improvements. In the future, the City of Eden Prairie would like to make trail improvements along the east side of TH 101 when the roadway is upgraded. Improving pedestrian visibility is a key factor in pedestrian safety at crosswalks. Current research that evaluated several pedestrian crossing treatments showed that driver awareness of pedestrians was greatly enhanced when pedestrian- activated flashing beacons were added to the crosswalk signs. The City of Bloomington has installed this system at crosswalks in their community and has shown to have good compliance. Other states have also installed these improvements with good compliance results. As with all pedestrian crossings, both the driver and pedestrian are responsible for safe pedestrian movements. Responsibility of Drivers - Minnesota Statute 169.011 states that a driver must stop to yield to a pedestrian that is within the crosswalk. The driver may proceed only after the pedestrian has passed the lane in which the vehicle is traveling. Responsibility of Pedestrians - Pedestrians approaching a roadway to cross should wait for a gap in traffic before leaving the curb. Pedestrians are considered "in the crosswalk" once they have left the curb, but not when still standing on the side of the road. Pedestrians should only cross within a marked - crosswalk or at an intersection (marked or unmarked, this is still a legal crosswalk). Pedestrians should always to try to make eye contact with approaching drivers to ensure that they are aware of your presence in the crosswalk. Since these rapid flash enhanced crosswalk systems are somewhat new in the metro area, staff is planning to send out information on the crosswalks to the area residents and school districts through mailings and will post information on the City's website and social media, and by including an article Chanhassen Connection. A portion of this project includes the installation of right and left turn lanes on Highway 101 at the intersection of Pleasant View Road into Eden Prairie. The intersection will also be improved with pedestrian enhancements. The City of Eden Prairie has agreed to pay $73,800 for these improvements. This payment includes the turn lanes that benefit the Eden Prairie community and 25% of the pedestrian enhancement improvements. MnDOT will pay for 50% of the pedestrian enhancement and the City of Chanhassen the remaining 25 %. The City of Chanhassen will be responsible for the future maintenance of the pedestrian crossing system. The attached Agreement No. 01581M with MnDOT for Rapid Flashing Beacon Light, outlines the construction and future operation and maintenance for the system. This agreement is similar to other signal agreements the City has with MnDOT and expects the City will be responsible for the cost of replacing the system if necessary. 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 on the 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 Todd Gerhardt TH 101 & Pleasant View Road Improvement Project February 25, 2013 Page 4 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. MnDOT has requested the City replace a deteriorated galvanized culvert pipe under TH 101 near the intersection of Fox Hollow Court. MnDOT will be paying for this replacement. TH 41 Pedestrian Crossing and Pedestrian Enhancement Improvements The project generally consists of trail extension, installation of a raised median on TH 41 and installation of a push button activated pedestrian crossing enhancement system. In 2012, Carver County and the City constructed trail improvements along TH 41 and in Lake Minnewashta Regional Park. The north limits of this trail end at the Minnetonka Middle School West entrance drive. A stripped crosswalk at TH41 for pedestrians is at this intersection. A traffic signal is not warranted at this intersection now or in the future even after the properties on the west side of TH 41 are developed. An enhanced pedestrian crossing signal system is proposed to provide a safer and more visible pedestrian crossing. This signal system will be push -button actuated by the user which will illuminate rectangular yellow LED flashing lights to warn motorists of the pedestrian crossing. The system was recommended for this area by MnDOT and SRF Consultants who worked on the plans. The City took bids in August, 2012 for the TH 41 Pedestrian Crossing improvements. At that time, the lowest bid received was $192,690.05. This price was significantly over the engineer's estimate and the bids were rejected. Staff rebid this project with the TH 101 & Pleasant View Road Improvements. The City did receive much more favorable bids. The engineer's estimate for the project is $175,000. The low bid for the bid alternate represents about a 10% cost savings from the August, 2012 low bid amount. BIDS On Thursday, February 14, 2013 at 2:00 p.m., eleven bids were received for the TH 101 and Pleasant View Road Intersection Project. The TH 41 Trail Improvements project was included as a bid alternate. The bids have been tabulated and checked for errors. The total bid amounts ranged from $1,217,814.65 to $1,535,860.65. BIDDER BASE BID BID;,AL IERNATE x;T03 PAL ,BID 1 Eureka Construction $1,065,172.10 $152,642.55 $1,217,814.65 2. Northwest Asphalt $1,058,486.54 $163,265.03 $1,221,751.57 3. Valley Paving $1,081,684.21 $172,273.05 $1,253,957.26 4. S.M. Hent es and Sons $1,083,737.90 $175,822.45 $1,259,560.35 5. Sunram Construction $1,137,643.56 $168,525.05 $1,306,168.61 6. New Look Contracting $1,135,923.78 $184,356.55 $1,320,280.33 7. Rosti Construction $1,117,774.40 $210,305.50 $1,328,079.90 8. Minnesota Dirt Works $1,143,829.15 $186,101.65 $1,329,930.80 9. Min er Construction $1,233,211.00 $191,419.00 $1,424,630.00 10 C.S. McCrossan Construction $1,236,323.15 $196,699.60 $15433,022.75 11. GMH Asphalt $1,337,625.25 $198,235.40 $1,535,860.65 Todd Gerhardt TH 101 & Pleasant View Road Improvement Project February 25, 2013 Page 5 If the alternate bid is accepted, the low bidder is Eureka Construction, Inc.'s, with a total bid of $1,217,814.65 which is 1% under the total engineer's estimate of $1,233,138.00. Eureka Construction Inc. has not worked in the City of Chanhassen before, however, staff has checked references and they have good reputation in the construction industry. Staff has checked references and projects they have worked on in City of Maplewood, City of Lakeville and the City of Burnsville. All projects were completed successfully. MnDOT has reviewed the bid results and contractor information and has provided a concurrence letter recommending award of the project. If the City Council does not award the alternate bid, the low bidder is Northwest Asphalt. Northwest Asphalt has worked on projects for the City of Chanhassen and their work is acceptable. Northwest Asphalt was the prime contractor on the 2012 Minnewashta Heights Street Improvement Project. Funding for the construction of the TH 101 & Pleasant View Road Improvements (CIP ST -027) has been programmed to come from several sources as identified below: $1,065,172.10 $1,258,000.00 Funding for the TH 41 Extension and Pedestrian Crossing Enhancements project is proposed to be 100% funded through the Park Dedication Fund. Funding for construction administration is not included in the funding total at this time. These contractual service costs will be brought back to Council at a future City Council meeting. SCHEDULE The current project schedule is as follows: Neighborhood Meeting Start Construction Construction Substantially Complete Construction Complete Attachments: 1. Resolution April, 2013 June 10, 2013 August 30, 2013 September 27, 2013 2. Project Improvement Exhibit 3. MnDOT Concurrence Letter Dated February 15, 2013 4. Joint Powers Agreement with City of Eden Prairie 5. MnDOT Agreement No. 01581M for Flashing Beacon System w /Resolution 5. TH 41 Trail Improvement Exhibit 6. CIP Page c: Chadd Larson, Kimley -Horn & Associates Funding Budget MnDOT Cooperative agreement $ 664,000.00 $ 664,000.00 City of Eden Prairie $ 73,800.00 $ 74,000.00 Municipal State Aid $ 125,000.00 $ 125,000.00 Park Dedication $ 95,000.00 $ 95,000.00 Pavement Management $ 57,372.10 $ 57,372.10 Surface Water Utility Fund $ 50,000.00 $ 50,000.00 $1,065,172.10 $1,258,000.00 Funding for the TH 41 Extension and Pedestrian Crossing Enhancements project is proposed to be 100% funded through the Park Dedication Fund. Funding for construction administration is not included in the funding total at this time. These contractual service costs will be brought back to Council at a future City Council meeting. SCHEDULE The current project schedule is as follows: Neighborhood Meeting Start Construction Construction Substantially Complete Construction Complete Attachments: 1. Resolution April, 2013 June 10, 2013 August 30, 2013 September 27, 2013 2. Project Improvement Exhibit 3. MnDOT Concurrence Letter Dated February 15, 2013 4. Joint Powers Agreement with City of Eden Prairie 5. MnDOT Agreement No. 01581M for Flashing Beacon System w /Resolution 5. TH 41 Trail Improvement Exhibit 6. CIP Page c: Chadd Larson, Kimley -Horn & Associates CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: Febraury 25, 2013 RESOLUTION NO: 2013- MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE TH 101 AND PLEASANT VIEW ROAD INTERSECTION PROJECT NO. 11-05 WHEREAS, pursuant to an advertisement for bids for the TH 101 and Pleasant View Road Intersection Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: AND WHEREAS, Eureka Construction, Inc. is the lowest responsible bidder with a total bid awarded of $1,271,814.65. NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Eureka Construction, Inc. in the name of the City of Chanhassen for the TH 101 and Pleasant View Road Intersection Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Passed and adopted by the Chanhassen City Council this 25"' day of February, 2013. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT Bidder Total Bid 1. Eureka Construction $1,217,814.65 2. Northwest Asphalt $1,221,751.57 3. Valley Paving $1,253,957.26 4. S.M. Hentges and Sons $1,259,560.35 5. Sunram Construction $1,306,168.61 6. New Look Contracting $1,320,280.33 7. Rosti Construction $1,328,079.90 8. Minnesota Dirt Works $1,329,930.80 9. Minger Construction $1,424,630.00 10. C.S. McCrossan Construction $1,433,022.75 11. GMH Asphalt $1,535,860.65 AND WHEREAS, Eureka Construction, Inc. is the lowest responsible bidder with a total bid awarded of $1,271,814.65. NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Eureka Construction, Inc. in the name of the City of Chanhassen for the TH 101 and Pleasant View Road Intersection Project according to the plans and specifications therefore approved by the City Council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Passed and adopted by the Chanhassen City Council this 25"' day of February, 2013. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT �1t,wESQ,4 Minnesota Department of Transportation Metro District Office of State Aid 1500 West County Rd B2 OP Roseville, MN 55113 -3174 February 15, 2013 Mr. Paul Oehme, P.E. Director of Public Works /City Engineer City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 RE: State Concurrence of Low Bid for S.P. 2736 -45 (T.H. 101 =187) Agreement Number 01176 City of Chanhassen Dear Mr, Oehme: Telephone: 651- 234 -7780 julie.dresel@state.mn.us have received a copy of the certified low bid and Abstract of Bids for the above referenced project, The letting (bid opening) date was February 14, 2013. The tabulation shows that the apparent low bidder is Eureka Construction, Inc. at $1,217,814.65 which is 1.2% under the engineer's estimate of $1,233,138.00 for the total project. In addition, I have received the Affirmative Action Certification from Eureka Construction, Inc. indicating they have not employed more than 40 full -time employees on any single working day in Minnesota within the previous 12 months, Therefore, they are not required to hold a Certificate of Compliance issued by the Minnesota Department of Human Rights. I have reviewed the low bid price and the variance is acceptable. The City of Chanhassen is hereby authorized to award this project. When a pre - construction conference is arranged for this project please include Elisa Bottos (elisa.bottos(a-)state.mn.us) at 651- 234 -7766 and Jim Deeny (iim.deen(@.state.mn,us) at 651 -234- 7762 on the notification list. I have included the web address of the Project Contact Information Form. The form needs to be filled out and returned one week before construction begins or at the pre - construction conference. The web address is http://www.dot,state.mn.us/metro/stateaid/ftp/coopth,pd . Please contact me if you have any questions or additional comments by telephone at 651 -234- 7780 or by e-mail iulie.dreselCa.state.mn.us. Sincerely,, Julie Dresel, PE Cooperative Agreements Project Engineer Metro State Aid An Equal Opportunity Employer Mr. Paul Oehme, P.E. February 15, 2013 Page 2 cc: Phil Bergem, MnDOT — Metro State Aid* Diane Langenbach, MnDOT -Metro Program Delivery Maryanne Kelly - Sonnek, MnDOT- Municipal Agreements ** David Sheen, MnDOT -Metro Traffic Engineering Chris Kufner, MnDOT -Metro Materials Tiffany Otte, MnDOT -Metro Materials ** Brad Skow, MnDOT -Metro Design Barb Loida, MnDOT -WRE ** Elisa Bottos, MnDOT -Metro State Aid Construction Jim Deeny, MnDOT -Metro State Aid Construction Buck Craig, MnDOT -Metro Permits * TK Kramascz, MnDOT- Public Affairs* Lyndon Robjent, Carver County * Chadd Larson, Kimley -Horn and Associates, Inc.* Project File * Electronic copy only (hard copies available upon request) ** Hard copy with attachments for records AGREEMENT THIS AGREEMENT is made and entered into this day of , 2013, by and between the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (`BP ") and the CITY OF CHANHASSEN, a Minnesota' municipal corporation ( "Chanhassen "). RECITALS A. The parties have agreed to participate in funding the construction of the Trunk Highway 101 and Pleasant View Road intersection improvement (the "Intersection Project "). B. Chanhassen has entered into a Cooperative Construction Agreement with the Minnesota Department of Transportation ( "MnDOT ") for improvements to Trunk Highway No. 101 from Fox Hollow Drive to West 62nd Street and on Pleasant View Road from Timber Hill Road to T. H. 101, State Project No. 2736 -45, and MnDOT Contract No. 01176, NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. INTERSECTION PROJECT. Right and left turn lanes will be constructed on Highway 101 _ at the intersection into Eden Prairie and the intersection will be improved with pedestrian enhancements. 2. DESIGN, CONSTRUCTION AND PAYMENT. Chanhassen will be the lead agency for the design and construction administration of the Intersection Project. Chanhassen, EP and MnDOT must approve the plans and, specifications for the Intersection Project prior to advertising for bids. If satisfactory bids are received, Chanhassen will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. Chanhassen will administer the contract and act as the paying agent for payments to the contractor. 3. COST ALLOCATION. EP agrees to pay Chanhassen Seventy -three Thousand Eight Hundred and no /100 ($73,800.00) Dollars, which Chanhassen will apply towards payment of the Intersection Project Costs. 4. PAYMENT. EP agrees to pay Chanhassen a lump sum payment of seventy three thousand eight Hundred Twenty and no /100 ($73,800.00) Dollars upon substantial completion of the Intersection Project as certified by the Chanhassen Public works Director. 5. PROJECT OWNERSHIP. Upon completion of the Intersection Project, the Intersection Project shall be owned and maintained by Chanhassen. Doc. #168445v.1 RNK: 1/21/2013 6. EMPLOYEE STATUS. Any and all persons engaged in the work to be performed by one party shall not be considered employees of the other party, and any and all claims that may or might arise out of the employment context on behalf of employees while so engaged and any and all claims made by any third party as a consequence of any act or omission on the part of employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the other party. 7. AUDITS. Any books, records, documents, and accounting procedures and practices of a party. are subject to examination by the other party and either the Legislative Auditor or the State Auditor, as appropriate. The parties agree to maintain these records for a period of six (6) years from the date of performance of all services covered under this Agreement. 8. INDEMNIFICATION. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the parties' liability. To the full extent permitted by law, this Agreement is 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 §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. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes Chapter 466 or otherwise. 9. 'DATA PRACTICES. All data created, collected, received, maintained -or disseminated for any purpose in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. 10. DISPUTE RESOLUTION. Any dispute relating to this Agreement shall be submitted to mediation. Upon service of a written notice requesting mediation, the parties shall have ten (10) days to select a mediator. ff the parties are unable to agree upon a mediator, the Chief Judge of the 4th Judicial District, Hennepin County, Minnesota, shall select a mediator. The mediation shall be conducted pursuant to the procedures used by the mediator, provided that the entire mediation process be concluded within thirty (3 0) days of appointment of the mediator, or within such other time as the parties may agree in writing. Each party shall bear its own cost of the mediation process. The parties shall share equally the fees and expenses of the mediator. No action shall be commenced in any court to enforce or otherwise imply, interpret, or seek cure for a breach of this Agreement, excluding an action requesting a Temporary Restraining Order, before the completion of the dispute resolution process outlined in this section. Neither party shall assert, plead, raise, allege, or rely upon the applicable statute of limitations, laches, timeliness, delay, or any other defense based on the passage of time during the dispute resolution . process in any subsequent judicial or administrative proceeding. Doc. #168445v.1 2 RNK: 1/21/2013 11. NOTICES. Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid and deposited in same in the U.S. Postal Service, addressed to the parties as listed below: City of Eden Prairie ATTN: Robert Ellis Eden Prairie City Offices 8080 Mitchell Road Eden Prairie, MN 55344 -2230 City of Chanhassen ATTN: Todd Gerhardt, City Manager Chanhassen City Hall 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 12. SIGNING OF AGREEMENT. This Agreement may be signed in counterparts and on different dates by each party without affecting the validity thereof. 13. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between the parties regarding the Intersection Project, whether written or oral. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor BY: Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 2013, by Thomas A. Furlong and Todd Gerhardt, the Mayor and City Manager, respectively, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Doc. #168445v.1 RNK: 1 /21/2013 CITY.OF EDEN PRAIRI BY:_ ers; Mayors BY: // Rick Getschow, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing inst ent wa acknowledged before ,Ws �� day of 2013, by ��'n - C e and Rick Getschow, the 1�ayop and City Manager, respectively, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (652) 452 -5000 RNK Doc. #168445v.I RNK: 1/21/2013 Not ublic �2vtFrT KATHLEEN A. PORTA EDEN PRAIRIE CITY CLERK Notary ublic- Minnesota ' ieEet My Commission Expires Jan 31, 2015 MINNESOTA TRANSPORTATION DEPARTMENT FLASHING BEACON SYSTEM AGREEMENT NO. 01581M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF CHANHASSEN TO Provide Maintenance and Electrical Energy for the new Rectangular Rapid Flashing Beacon System at the intersection of Trunk Highway No. 101 and Pleasant View Road, in the City of Chanhassen, Carver County, Minnesota. S.P. 2736 -45 (T.H. 101 =187) S.A.P.'s 194 - 010 -013 and 194 - 109 -001 City Project No. 11 -05 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE AMOUNT ENCUMBERED None 1 None Otherwise Covered PARTIES THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State) and the City of Chanhassen, (City). RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The parties have determined that there is justification and it is in the public's best interest to install a new rectangular rapid flashing beacon system, (Flashing Beacon System) at the location set out in this Agreement. The City will be responsible for the cost, maintenance, and electrical energy of the new Flashing Beacon System. CONTRACT 1. The City, with its own resources or by contract, will install a new Flashing Beacon System on Trunk Highway No. 101 and Pleasant View Road, pursuant to State Project No. 2736- 45(T.H. 101 =187), State Aid Project No's. 194 - 010 -013 and 194 -109 -001, and City Project No. 11 -05, all at the cost and expense of the City. 2. The City will perform all construction engineering and inspection functions (Construction Engineering) in connection with the contract construction and perform all other acts and functions 01581M 2 necessary to cause the construction contract to be completed in a satisfactory manner. The State reserves the right to periodically inspect the construction 3. The City will be responsible for the cost and application to secure an adequate power supply to the service pad or pole. Upon completion of this project, the City will thereafter pay all monthly electrical service expenses necessary to operate the Flashing Beacon System. 4. Upon completion of this protect, the City will own the Flashing Beacon System, maintain and keep in repair the Flashing Beacon System, perform all Gopher State One Call locating, and be responsible for future system replacement, all at the City's cost and expense. The maintenance includes, but is not limited to: snow, ice and debris removal of the pedestrian landings, associated signing, pavement markings, and lighting without cost or expense to the State. The City shall perform all system maintenance in a timely manner. The City will also be responsible for system replacement or upgrades to meet compliance of current ADA requirements without cost or expense to the State. A no- charge permit shall be required by the State for future work by the City on State right of way. 5. If the City fails to comply with the maintenance terms or ADA requirements, or if a safety issue develops, the State may require the City to remove the Flashing Beacon System or the State may remove it. 01581M 3 6. Each party will be solely responsible for its own acts and omissions and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act., Minnesota Statutes Section 3.736. The City's liability is governed by Minnesota Statutes Chapter 466. Each party will be solely responsible for its own employees for any Workers Compensation claims. 7. 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. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 9. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 10. Minnesota law governs this contract. 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. 11. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 01581M 4 12. Authorized Agents a. The State's Authorized Agent for the purpose of the administration of this Agreement is Allan Espinoza, Mn /DOT Metropolitan District Traffic Engineering, or his successor. His current address and phone number are 1500 West County Road B2, Roseville, MN 55113, (651) 234 - 7812. b. The City's Authorized Agent for the purpose of the administration of this Agreement is Paul Oehme, City Engineer or his successor. His current address and phone number are 7700 Market Boulevard., P. O. Box 147, Chanhassen, MN 55317, (952)227 -1169. 01581M - 5 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF CHANHASSEN By: Mayor Date: Title Date: 01581M 6 DEPARTMENT OF TRANSPORTATION Recommended for approval: By District Engineer Approved: By State Design Engineer Date Approved as to form and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 25, 2013 RESOLUTION NO: 2013- MOTION BY: SECONDED BY: A RESOLUTION APPROVING MnDOT AGREEMENT NO. 01581M FOR MAINTENANCE AND ELECTRICAL ENERGY FOR THE NEW RECTANGULAR RAPID FLASHING BEACON SYSTEM FOR THE TH 101 & PLEASANT VIEW ROAD IMPROVEMENT PROJECT NO. 11-05 WHEREAS, the City of Chanhassen shall enter into MnDOT Agreement No. 01581M for the following purposes: To provide maintenance and electrical energy for the new Rectangular Rapid Flashing Beacon System at the intersection of TH 101 and Pleasant view Road, pursuant to State Project No. 2736 -45 (TH 101 =187) State Aid Project Nos. 194 -010 -013 and 194 - 109 -001 and City Project 11 -05, within the corporate City limits. NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. To authorized and execute the Agreement and any amendments to the Agreement. Passed and adopted by the Chanhassen City Council this 25`x' day of February, 2013. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT I Proposed Hwy 41 Trail Extension J- -"---'`^ R /W' CONSTRUCT PEDESTRIAN CURB RAMP I PEDESTRIAN CROSSI G TYPE L.�� J GENERAL NOTES, WITH TRUNCATED DOMES PER DETAIL m \\ ON SHEET I1 . 1. CLEARING AND GRUBBING TO INCLUDE EVERYTHING WITHIN CONSTRUCTION LIMITS. © EXISTING HYDRANT, LEAVE AS IS. 2. ON CONTROL BLANKETS CATEGORY 3 TO BE PLACED E T.H. 41 TRAIL SEE DETAIL SHEET 16 Cy ON ALL 113 AND 112 SLOPES LONGER THAN 6 FEET [TOP TO ® EXTEND EXISTING 18" RCP INLET APRON. BOTTOM) DITCHES WITH GRADIENTS, AND AT LOCATIONS IDENTIFIIED BY THE ENGINEER. ONLY LOCATIONS AGREED REMOVE EXISTING PEDESTRIAN CURB RAMP. \'4 \ TO BY THE ENGINEER SHALL BE APPROVED FOR PAYMENT. 3. REFER TO CONSTRUCTION /SOILS NOTES FOR SEEDING AND Q FURNISH AND INSTALL 70' OF 60' VINYL A �,I• TURF ESTABLISHMENT RATES. COATED FENCE. INSTALL AT 2 FOOT OFFSET 4 \ 4. CONTRACTOR TO REMOVE PORTIONS OF EXISTING TRAILS FROM BACK OF TRAIL EDGE. THAT CONFLICT WITH PROPOSED TRAIL ALIGNMENT. 4w ®� S. SAWCUTS TO BE PERFORMED AT ALL CONNECTIONS TO ® REMOVE DROP INLET STRUCTURE. FURNISH EXISTING TRAILS. AND INSTALL CONCRETE DROP INLET S. CONTRACTOR TO INSTALL MACHINE SLICED SILT FENCE STRUCTURE IMN /DOT DESIGN G) AT LOCATI01 S. OUTS AT THE % J T. PROTECTTEXI�INGLCATCH BASINS WITH STORM DRAIN LOCATIbNSFANO ELLEVATIONSLTO BED FINAL / INLET PROTECTION. / DETERMINED IN THE FIELD. REFER TO 1, 030......... i .:.......................... ..... ........... ...................... . ................ .......: c:..: .:._.. :iiii: ".....i.:i:i:...... LEGEND ..': ii::. ..; ..:......... ......... .,. .. .. .. ... ..'. ... ... \ REMOVE EXISTING CROSSWALK PAVEMENT MARKINGS PROPOSED TRAIL Q SCHOOL ENTRANCE . . �CONSTRUCTI. 41 T.H. v2 oa~ LIMITS -" ..._.._..._......._._.....__ .......:...:..__................................ CONSTRUCTION LIMITS COORDINATE WITH UTILITY OWNERS TO AVOID EXISTING DOWN GUYS f3) AND RAISE GAS VALVES _`- ...... ....... .y, .. AS NECESSARY _ ---�- _ 1,020 i ...:.:.... .....::.'..:.:.....:.:......::. .' —_ _ _____ 670 A— — � �.... 1,020 TRAIL mp �-- =.rte J- -"---'`^ R /W' CONSTRUCT PEDESTRIAN CURB RAMP I PEDESTRIAN CROSSI G TYPE L.�� J GENERAL NOTES, WITH TRUNCATED DOMES PER DETAIL m \\ ON SHEET I1 . 1. CLEARING AND GRUBBING TO INCLUDE EVERYTHING WITHIN CONSTRUCTION LIMITS. © EXISTING HYDRANT, LEAVE AS IS. 2. ON CONTROL BLANKETS CATEGORY 3 TO BE PLACED E T.H. 41 TRAIL SEE DETAIL SHEET 16 Cy ON ALL 113 AND 112 SLOPES LONGER THAN 6 FEET [TOP TO ® EXTEND EXISTING 18" RCP INLET APRON. BOTTOM) DITCHES WITH GRADIENTS, AND AT LOCATIONS IDENTIFIIED BY THE ENGINEER. ONLY LOCATIONS AGREED REMOVE EXISTING PEDESTRIAN CURB RAMP. \'4 \ TO BY THE ENGINEER SHALL BE APPROVED FOR PAYMENT. 3. REFER TO CONSTRUCTION /SOILS NOTES FOR SEEDING AND Q FURNISH AND INSTALL 70' OF 60' VINYL A �,I• TURF ESTABLISHMENT RATES. COATED FENCE. INSTALL AT 2 FOOT OFFSET 4 \ 4. CONTRACTOR TO REMOVE PORTIONS OF EXISTING TRAILS FROM BACK OF TRAIL EDGE. THAT CONFLICT WITH PROPOSED TRAIL ALIGNMENT. 4w ®� S. SAWCUTS TO BE PERFORMED AT ALL CONNECTIONS TO ® REMOVE DROP INLET STRUCTURE. FURNISH EXISTING TRAILS. AND INSTALL CONCRETE DROP INLET S. CONTRACTOR TO INSTALL MACHINE SLICED SILT FENCE STRUCTURE IMN /DOT DESIGN G) AT LOCATI01 S. OUTS AT THE % J T. PROTECTTEXI�INGLCATCH BASINS WITH STORM DRAIN LOCATIbNSFANO ELLEVATIONSLTO BED FINAL / INLET PROTECTION. / DETERMINED IN THE FIELD. REFER TO 1, 030......... i .:.......................... ..... ........... ...................... . ................ .......: c:..: .:._.. :iiii: ".....i.:i:i:...... ..': ii::. ..; ..:......... ......... .,. .. .. .. ... ..'. ... ... ..., ... :. .i . :..... ..... ....... ....... .....1,.03.0. :.: . . . Q SCHOOL ENTRANCE . . '. : ...n. . . ""' T.H. 41 TRAIL .. ., .. ..._.._..._......._._.....__ .......:...:..__................................ _ . ..(....PROF"IL6GRA0E.- "T"OP':. . .. "....... ....... ............. _ .. ' __..._ - .. ... ... .. ... ....... ... .,...... _.. ...... ....... .... .._:.. .. .... .... .. o': FINISHED' SURFACE AT: E" 1,020 i ...:.:.... .....::.'..:.:.....:.:......::. -0.50% . ........ .. ... .., .. .. �.... 1,020 ........ ... .. .. ....... .... ...... ..... ... .... ..... . "' ... . .. 1. e0Y, ".... .. EXISTING GROUND LINE t00.00' .Y: C. . ...............GRADING" "GRADE ....................... ............. ... -..... ... ..... .......... `S.: .. .. ... ... .... ..... .. ... ... .. . . . :..:. .. o. $'a � 1,010 .. :....... O .. ::... 0 0. .8 : 010 ... ... . " .....................:........: '. :. _":. ..::..... ".' :. ........:.... ... +........._.n .. oo.. . °.:':._�m n ......... .. .... ...... . 40.00' V C -........ D/ W �Exgr. . '. . ...: .... .. .. ' .. D/YENTRANCE .'.1 . ............................. . m« . ..... .. _.......................:._ :.... ._............. ........ _. .. ....... . ............... ... . ... .. _:...n..:.;. 40 InON M O F O.O. m A . I: n ' ! i... 1 000' ..... r._ ...............:.:....................:...................:............... :.. ......................._:...... _._:..........."....,.....'.....:...... '.... ..... e8go"'u '................�:.....:...... "..._. .. > a� W .. ..... `.1000. ... .. : ... .... .i .. min - I m . in 12+w0 W.y+WIL-Wlr! np Y.II�.MI..YI 100401 Y: D, n ' 363+00 364+OG "368+00. " " 366 +00 Eli 367+00 368 +00 369 +00 370+00 371 +00 372 +00 373 +00 374 +00 37S +00 376 +00 w�lp fe<fomgm.p i«N STATE AID PROJECT N0. ORAgN sNARTws CITY OF CHANHASSEN SHEETi UJAPPRI o1 ulm<e. rno.�e. 'Prins <Nma: MARK C' <rHANSEN STATE pxaccT W. °nEl e'x "4o, °sEnY , . ®GROUP/ CONSULTING CONSTRUCTION PLAN AND PROFILE 15 NO R EVISION CNO.NX CH CKRERD 6Y INC. T.H. 41 TRAIL OF . \i23T \ftl -mpNpl an \i23T�p01. °qn .— LI-- a 43920 X CITY PROJECT COMA, N0, OlOT23t 23 J Capital Improvement Program 2013 thru 2017 City of Chanhassen, MN Project # ST-027 Project Name TH 101/PIeasant View Rd Intersection & Trail Imp Account #1 4204007 -xxxx Account #2 Account #3 Account 94 Department Street Improvements Contact Paul Oehme Type Improvement Useful Life 95,000 Category Streets/Highways Priority n/a Description I Total Project Cost: $1,258,000 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. Pedestrian signage enhancement improvements are also planned for the intersection to improve safety crossing TH 101. A traffic signal is not warranted at this intersection based on a MnDOT analysis. Justification To improve safety, access and mobility in the project area Expenditures 2013 2014 2015 2016 2017 Total Construction 1,258,000 1,258,000 Total 1,258,000 1,258,000 Funding Sources 2013 2014 2015 2016 2017 Total MSA 285,000 285,000 Other Agency Contribution 738,000 738,000 Park Dedication Fund 95,000 95,000 Street Pavement Management 90,000 90,000 Surface Water Utility Fund 50,000 50,000 Total 1,258.000 1,258,000 Budget Impact/Other ?uture maintenance of trail. 100