1d. TH 101 from Lyman to Pioneer: Approve MnDOT Agreement No. 030910
CITY OF
CHANgASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
MEMORANDUM
TO: Todd Gerhardt, City Manager D
FROM: Paul Oehme, Director of Public Works /City Engineer �
DATE: February 25, 2013 0� ,
SUBJ: TH 101 (Lyman Boulevard to Pioneer Trail) Improvement Project No.
12 -06: Approve MnDOT Advance Construction Agreement No. 03091
PROPOSED MOTION
"The City Council approves Advance Construction Agreement No. 03091 for TH 101
(Lyman Boulevard to Pioneer Trail) Improvements, City Project No. 12 -06, SP 194-
010 -011."
City Council approval requires a simple majority vote of the City Council present.
BACKGROUND
Park & Recreation
On December 12, 2011, the City Council approved a resolution accepting the
Phone: 952.227.1120
environmental assessment and making a negative declaration on the need for an EIS.
Fax: 952.227.1110
On April 23, 2012, the City Council approved a funding agreement with the Minnesota
Recreation Center
Department of Transportation (MnDOT) for design and right -of -way acquisition
2310 Coulter Boulevard
(Agreement No. 00789).
Phone: 952.227.1400
Fax: 952.227.1404
On November 13, 2012, the City Council approved a resolution to advance state aid
Planning &
funds for this project. The advanced state aid funds will be paid back with state tumback
Natural Resources
funds.
Phone: 952.227.1130
Fax: 952.227.1110
On January 28, 2013, the City Council approved plans and specifications and authorized
advertisement for bids on the project.
Public Works
7901 Park Place
DISCUSSION
Phone: 952.227.1300
Fax: 952.227.1310
The City will be receiving Federal funds for this project. This agreement allows MnDOT
Senior Center
to act as the City's agent in accepting Federal funds. The agreement is for advanced
Phone: 952.227.1125
construction because the amount of Federal funds for the project exceeds $5,000,000.
Fax: 952.227.1110
The City of Chanhassen is being asked to sign the agreement so that this project does not
adversely impact MnDOT's obligation authority. The project will be converted to "real"
Web Site
funds as project payment requests are made.
www.ci.chanhassen.mn.us
The city attorney has reviewed the agreement and finds it acceptable.
Attachments: Resolution
Agreement
g: \eng \public \_2012 projects \12 -06 th 101 (lyman blvd to pioneer trl) improvements \bkgd 022813 appv adv constr agr fed
funds.dChanhassen is a Community for Life -Providing for Today and Planning for Tomorrow
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. 03091
FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION FOR
THE TH 101(LYMAN BOULEVARD TO PIONEER TRAIL)
IMPROVEMENT PROJECT NO. 12-06
WHEREAS, pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of
Transportation shall be appointed as Agent of the City of Chanhassen to accept as its agent,
federal aid funds which may be made available for eligible transportation related projects.
NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council:
1. Is hereby authorized and directed for and on behalf of the City to execute and enter into
an agreement with the Commissioner of Transportation prescribing the terms and conditions of
said federal aid participation as set forth and contained in "Minnesota Department of
Transportation Agency Agreement No. 03091 ", a copy of which said agreement was before the
City Council and which is made a part hereof by reference.
Passed and adopted by the Chanhassen City Council this 25t` day of February, 2013.
ATTEST:
Todd Gerhardt, City Manager Thomas A. Furlong, Mayor
YES NO ABSENT
`� Mn /DOT Agreement No. 03091
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF CHANHASSEN
FOR FEDERAL PARTICIPATION IN ADVANCE CONSTRUCTION
FOR
S. P. 194- 010 -011, 010- 614 -006 and 1009 -22; M. P. STPX 10 11(146)
This agreement is entered into by and between City of Chanhassen ( "City ")
and the State of Minnesota acting through its Commissioner of Transportation
( "Mn /DOT "),
Agency Agreement No. 99945 which has been executed between the City
and Mn /DOT, appoints Mn /DOT as the City's agent to receive and disburse
transportation related federal funds, and sets forth duties and responsibilities for
letting, payment, and other procedures for a federally funded contract let by the City;
and
Pursuant to Minnesota Statutes Section 161.36, the City desires Mn /DOT to
act as the City's agent to accept and disburse federal funds for the construction,
improvement, or enhancement of transportation financed in whole or in part by
federal funds; and
The City is proposing a federal aid project to reconstruct Trunk Highway 101
from Lyman Boulevard to Pioneer Trail, hereinafter referred to as the "Project "; and
The Project has been determined to be eligible for the expenditure of federal
aid funds and is programmed in the approved federally approved STIP for the fiscal
year 2013 and the project is identified in Mn /DOT records as State Project 194 -010-
011, 010 - 614 -006 and 1009 -22, and in Federal Highway Administration ( "FHWA ")
records as Minnesota Project STPX 1011(146); and
The differences between planned Obligation Authority and actual Obligation
Authority has resulted in the need to have projects with anticipated federal funds
greater than $5,000,000 advance construct the project until costs are begin to be
incurred for the project; and
The City desires to temporarily provide other funds in lieu of the federal funds
so that the project may proceed. These funds may include funds from the State
Turnback Account and /or State Aid funds.
(Mn/DOT Agreement No. 03091)
Page 1
Mn /DOT requires that the terms and conditions of this agency be set forth in
an agreement.
THE PARTIES AGREE AS FOLLOWS:
DUTIES OF THE CITY.
A. The City will let a contract and construct the Project in accordance with
Agency Agreement No. 99945. Payment provisions for federally
eligible costs will be as stated herein.
B. It is estimated that the total cost of the Project is $ 9,695,350 and that
the anticipated federal funding will be $ 5,426,000. Per agreement
number 02934, MnDOT is providing $1,900,000 in state funds for the
project. In addition advanced state turnback funds will also be used to
help pay for the project. The remaining share will be paid with Carver
County and City of Chanhassen local funds.
C. The City will pay any part of the cost or expense of the Project that is
not paid by federal funds or state funds.
D. Request for reimbursement of the federal aid share of the federally
eligible costs will be made after funding and obligation authority are
available.
E. If the project is converted to federal funding before completion and final
acceptance, requests for reimbursement will occur as partial estimates
in accordance with Agency Agreement No. 99945.
F. Under Minnesota Statutes § 16C.05, subd. 5, the (Governmental
Unit'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.
DUTIES OF Mn /DOT.
A. Mn /DOT will make the necessary requests to the FHWA for
authorization to use federal funds for the Project and designation as an
Advance Construction project.
B. Mn /DOT will request the conversion of the Project to federal funding of
eligible costs, when funding and obligation authority are available.
C. At such time that the project is converted to federal funding and such
funding is received by Mn /DOT, Mn /DOT will reimburse to the City the
(Mn/DOT Agreement No. 03091)
Page 2
federal aid share of the federally eligible costs, previously provided by
the City. Reimbursement for City State Aid funds used in lieu of
federal funds, will be deposited in the City's State Aid Account.
Reimbursement for other City funds used in lieu of federal funds will be
forwarded to the City.
III. AUTHORIZED REPRESENTATIVES. Each authorized representative will
have responsibility to administer this agreement and to ensure that all
payments due to the other party are paid pursuant to the terms of this
agreement.
A. The City authorized representative is Paul Oehme, 7700 Market
Boulevard, PO Box 147, Chanhassen, MN 55317, Phone 952 -227-
1169, or his successor.
B. Mn /DOT's authorized representative is Lynnette Roshell, Minnesota
Department of Transportation, State Aid for Local Transportation, 395
John Ireland Boulevard, Mail Stop 500, St Paul, MN 55155, phone
651 - 366 -3822, or her successor.
IV. TORT LIABILITY. Each party is responsible for its own acts and omissions
and the results thereof to the extent authorized by law and will not be
responsible for the acts and omissions of any others and the results thereof.
The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs
Mn /DOT liability.
V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations
under this agreement without prior written approval of the other party.
VI. AMENDMENTS. Any amendments /supplements to this Agreement must be
in writing and be executed by the same parties who executed the original
agreement, or their successors in office.
VII. TERM OF AGREEMENT. This agreement will be effective upon execution by
the City and by appropriate State officials, pursuant to Minnesota Statutes
Section 16C.05, and will remain in effect for five (5) years from the effective
date or until all obligations set forth in this agreement have been satisfactorily
fulfilled, whichever occurs first.
VIII. TERMINATION. This agreement may be terminated by the City or Mn /DOT
at any time, with or without cause, upon ninety (90) days written notice to the
other party. Such termination will not remove any unfulfilled financial
obligations of the City as set forth in this Agreement. In the event of such a
termination the City will be entitled to reimbursement for Mn /DOT - approved
federally eligible expenses incurred for work satisfactorily performed on the
Project to the date of termination subject to the terms of this agreement.
(Mn/DOT Agreement No. 03091)
Page 3
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(Mn/DOT Agreement No. 03091)
Page 4
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
CITY
City certifies that the appropriate person(s)
have executed the contract on its behalf as required
by applicable resolutions, ordinances, or charter
provisions
By: _
Date:
Title:
By: _
Date:
Title:
Page 5
DEPARTMENT OF TRANSPORTATION
LIZA
Title: Director
State Aid for Local Transportation
Date:
COMMISSIONER OF ADMINISTRATION
Lo
Date:
(Mn/DOT Agreement No. 03091)