E-3 MnDOT ROW Settlement Agreement in Conjunction with TH 5 ProjectCITY OF
CHANHASSEN
7700 Market Boulevard
PC 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: 952.2271110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
E -3
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Paul Oehme, Director of Public Works /City Engineer -t�vi
DATE: November 25, 2013 0�
SUBJ: Approve Agreement with MnDOT for Right -of -Way Settlement in
Conjunction with the TH 5 Project — PW067132
PROPOSED MOTION
"The City Council approves Amendment #1 to MnDOT Contract 00396 -1 for
Right -of -Way Settlement in conjunction with the TH 5 Improvements from TH
41 to Victoria Drive (CSAH 11), State Project No. 1002 -89."
City Council approval requires a simple majority vote of the City Council
present.
In 2011, the City received a $1 million Highway Safety Improvement Program
(HSIP) grant for safety improvements for TH 5 in the Lone Cedar and Minnewashta
Parkway area. These improvements were included in the TH 5 improvements
constructed in 2012.
The improvements were as follows:
• Shoulder widening on TH 5 from 600 feet east of Lone Cedar Lane to 1,100 feet
west of Minnewashta Parkway.
• Widening of TH 5 at Minnewashta Parkway intersection for left and right turn
lanes.
• Adding right turn lane on Minnewashta Parkway at TH 5.
• Mill and overlay on Minnewashta Parkway between TH 5 and 77`h Street.
• Relocation and reconstruction of Lone Cedar Lane.
• Closing of existing Lone Cedar Lane and private driveway connections to TH 5.
Senior Center In order to relocate Lone Cedar Lane to make it fit with the widening of TH 5, some
Phone: 952.227.1125 temporary and permanent easements were necessary to acquire. The HSIP grant
Fax: 952.227.1110 funds do not pay for right -of -way acquisitions. The City needed to purchase
easement from four parcels. One property settled early in the process at the appraised
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
TH 5 Improvements: Approve Agreement with MnDOT
November 25, 2013
Page 2
value. The other three properties originally wanted the acquisitions to go through the
condemnation process but have since settled. On October 14, 2013 the City Council approved
these settlement agreements.
Staff has worked out an agreement with MnDOT to help pay for a share of these settlements.
MnDOT is planning to pay the city $47,960.00 towards the settlement. The City attorney has
reviewed the amendment to the original agreement for TH 5 and recommends approval. The
City will be responsible to paying the remaining $16,412.00 towards the settlements. The City's
portion of the settlements is proposed to be paid with Municipal State Aid funds.
ATTACHMENT
1. MnDOT Amendment to Agreement No. 00396 -1.
g: \eng \public\pw067b2 th 5 corridor study - 41 to 212 \111513 bkgrd approve th5 row settlement agreemm w mndot.doc
Mn/DOT Contract No: 00396 -1
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
And
State Project Number (S.P.):
Trunk Highway Number (T.H.):
State Project Number (S.P.):
State Aid Number (S.A.P.):
Federal Project Number:
CITY OF CHANHASSEN
AMENDMENT NO. 1
1002 -89
5 =121
194 - 010 -010, 194- 010 -012
010- 611 -010, 010- 613 -007
STP -BR- TEA -HSIP 1012(083)
Original Total City Obligation
$1,906,639.27.00
Original Anticipated City Federal Aid
$1,642,213.65
Original City Non- Federal Aid
$264,425.62
Amended Amount Encumbered (State)
$47,960.00
This Amendment 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 State has a contract with the City identified as Mn/DOT Contract No. 00396 ( "Original Contract ") to
provide payment by the City to the State for the City's share of the costs of the roadway, retaining wall,
pedestrian box culvert, lighting, storm sewer, bike trail, sidewalk, truncated dome, fence, and signage
construction and other associated construction upon, along and adjacent to Trunk Highway No. 5 under State
Project No. 1002 -89 (T.H. 5 =121); and
2. This Agreement is amended to provide for payment by the State to the City for State's share of the City's
payment of property easement acquisitions along and adjacent to Lone Cedar Lane required for State Project
No. 1002 -89 construction; and
3. The State and the City are willing to amend the Original Contract as stated below.
Contract Amendment
In this Amendment deleted contract terms will be struck eat and the added contract terms will be underlined.
REVISION 1. Article 4 is amended as follows:
4. Basis of City and State Cost
4.1. SCHEDULE "I" and EXIBIT "Cost Participation ". The Preliminary SCHEDULE "I" includes all
anticipated City participation construction items and the construction engineering cost share covered
under this Agreement, and is based on engineer's estimated unit prices. City roadway, retaining wall,
pedestrian box culvert, lighting, storm sewer, bike trail, sidewalk, truncated dome, fence, and signage
construction covered under this Agreement is shown in EXHIBIT "Cost Participation ".
4.2. City Participation Construction. The City will participate in the following at the percentages
indicated. The construction includes the City's proportionate share of item costs for mobilization, field
office, field laboratory, and traffic control. It is anticipated that Federal aid funding will be available to
the City as defined below. The City may be billed for the match of their cost participation as shown on
the Schedule "I ". City costs will include an amount equal to all anticipated Federal aid funding not
applied to the federally eligible City participation construction and associated construction engineering.
A. 100 Percent will be the City's rate of cost participation in all of the roadway, storm sewer, bike trail,
truncated dome and signage construction as shown in "Blue" on EXHIBIT "Cost Participation ".
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Mn/DOT Contract No: 00396 -1
The construction includes, but is not limited to, those construction items tabulated on Sheet(s) No. 2
thru No. 5 of the Preliminary SCHEDULE "I ". Federal aid funds will be applied at a rate of 90
Percent.
B. 100 Percent will be the City's rate of cost participation in all of the retaining wall, pedestrian box
culvert, lighting, bike trail, sidewalk, and fence construction as shown in "Green" on EXHIBIT
"Cost Participation ". The construction includes, but is not limited to, those construction items
tabulated on Sheet(s) No. 6 thru No. 7 of the Preliminary SCHEDULE "I ". Federal aid funds will
be applied at a rate of 80 Percent.
4.3. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8
percent of the total City participation construction covered under this Agreement.
4.4. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract
addenda, change orders and supplemental agreements that are necessary to complete the City
participation construction covered under this Agreement, including any City requested additional work
and plan changes.
The State reserves the right to invoice the City for the cost of any additional City requested work and
plan changes, construction contract addenda, change orders and supplemental agreements, and
associated construction engineering before the completion of the contract construction.
4.5. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the
construction contract will result in a credit shared by each party in the same proportion as their total
construction cost share covered under this Agreement is to the total contract construction cost before
any deduction for liquidated damages.
4.6. State Easement Acquisition Participation. The State will pay to the City a lump sum amount of
$47.960.00 for the State's share of the costs for the City acquired easements required to close Trunk
Highway No. 5 access points at Lone Cedar Lane and one driveway located east of Lone Cedar Lane.
REVISION 2. Article 5 is amended as follows:
5. City and State Cost and Payments by the City and the State
5.1. City Cost. $1,906,639.27 is the City's estimated share of the costs of the contract construction,
including Federal aid, and the 8 percent construction engineering cost share as shown in the Preliminary
SCHEDULE "I ". The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit
prices, and may include any credits or lump sum costs. Upon award of the construction contract, the
State will prepare a Revised SCHEDULE "I" based on construction contract unit prices.
5.2. Conditions of Payment by the Citv. The City will pay the State the City's total estimated construction
and construction engineering cost share, minus anticipated City Federal aid, as shown in the Revised
SCHEDULE "I ", after the following conditions have been met:
A. Execution of this Agreement and transmittal to the City, including a copy of the Revised
SCHEDULE "I ".
B. The City's receipt of a written request from the State for the advancement of funds.
5.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the
amount due from the City will be final, binding and conclusive. Acceptance by the State of the
completed contract construction will be final, binding and conclusive upon the City as to the
satisfactory completion of the contract construction.
5.4. Final Payment by the City
Upon completion of all contract construction and upon computation of the final amount due the State's
contractor and determination by the Federal Highway Administration of the amount of its
Ma
Mn/DOT Contract No: 00396 -1
reimbursement to the State, the State will prepare a Final SCHEDULE "I" and submit a copy to the
City. The Final SCHEDULE "I" will be based on final quantities, and include all City participation
construction items and the construction engineering cost share covered under this Agreement. The
Final SCHEDULE "I" may also include City costs in an amount equal to all Federal aid funding not
applied to the federally eligible City participation construction, and associated construction engineering.
If the final cost of the City participation construction exceeds the amount of funds advanced by the
City, the City will pay the difference to the State without interest. If the final cost of the City
participation construction is less than the amount of funds advanced by the City, the State will refund
the difference to the City without interest.
The State and the City waive claims for any payments or refunds less than $5.00 according to
Minnesota Statutes § 15.415.
5.5. State Cost. $47.960.00 is the State's full and complete lump sum cost share for property easement
acquisitions along and adjacent to Lone Cedar Lane required for State Project No. 1002 -89
construction.
5.6. Conditions of Payment by the State. The State will pay the City the full and complete lump sum
amount 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. Execution of this Agreement Amendment and transmittal to the City.
C The State's receipt of a written request from the City for the payment of funds The request will
include signed Agreements between the City and the easement property owners along with copies
of the endorsed and canceled City warrant(s) or check(s) for payment of those easements.
The terms of the Original Contract are expressly reaffirmed and are incorporated by reference. Except as
amended herein, the terms and conditions of the Original Contract and all previous amendments remain in full
force and effect.
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STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered
as required by Minnesota Statutes § 16A.15 and
16C.05.
Signed:
Date:
SWIFT Purchase Order:
CITY OF CHANHASSEN
The undersigned certify that they have lawfully
executed this contract on behalf of the Governmental
Unit as required by applicable charter provisions,
resolutions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
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Mn/DOT Contract No: 00396 -1
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
By:
(District Engineer)
Date:
Approved:
By:
(State Design Engineer)
Date:
OF ADMINISTRATION
0
(With delegated authority)
Date: