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Cooperative Agree Lyman/212 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN55317 Administr1lion Phone: 952.227.1100 Fax 952.227.1110 Building Inspections Phone: 952.227.11BO Fax 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Pari< & Recreation Phone: 952.227.1120 Fax: 952.2271110 Recrea!ionCenter 2310CoullerBoulevard Phone: 952.2271400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.2271130 Fax: 952.227.1110 Public Works 1591 Park Road Phone 952.227.1300 Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 WebSile www.cLchanhassen.mn.us ~ - MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Paul Oehme, City Engineer/Dir. of Public Works '"' 'Yr ð~ DATE: February 7, 2005 SUBJ: Discuss Cooperative Agreement with MnDOT for TH 212 Improvements - Project No. 03-09 DISCUSSION The attached Cooperative Agreement is for roadway improvements that will be built in conjunction with the TH 212 project. The improvements include turn lanes, signals, bridge, trails, street lights, and pond improvements. The County and City are requesting an upgrade to a 1500' segment of roadway along Lyman Boulevard west of Powers Boulevard (Lyman Boulevard Expansion project). The Agreement does not include the utility improvements along Powers Boulevard, Lyman Boulevard, and Pioneer Trail. These improvements will be negotiated with the design build contractor at a later date. The City has chosen to go with a "lump sum amount" versus a "percent payment based on the bids" for TH 212. Staff feels the prices we received from the lump sum amount are very competitive and would not get any better pricing in going with the percent payment option. However, the Agreement must be approved prior to the bid opening schedule for March 4, 2005. The Agreement is scheduled for City Council consideration on February 28, 2005. The attached is a draft of the proposed Cooperative Agreement. Staff will present the final Agreement to Council at the work session if it is available. Funding for these improvements is from several sources as identified on the attached spreadsheet. The final dollar amount may change slightly. The alternate sources of funding shown have been identified as sources in lieu of bonding. The City Attorney has reviewed the draft Agreement and has found it acceptable. Attachments: 1. Spreadsheet 2. Agreement G:\eng\!h312\bg 020705 coop agr ws.doc The City 01 Chanhassen . A growing community wilh clean lakes, quality schools, a charming downlown, Ihllving businesses, winding Irails, and beaulilul parks. A goal place 10 live, work, and play c o ~¡ .. u a.=s 8 (J) I-~ (J)~ 8,~ ~ ~"ê 5 (,)0 g¡fñ u. ~ ~ !5 5 g u " 1ii z ;: Õ z æ4i !!I~ ~ ct¡tr.! = z¿5 ffi~ ~ .. 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"'. ~ ... § .¿ ¡;; 888 ....- ....~ C"') """ . Ðit:t~ '" ... ~~ ÑÑ ¡J¡:¡ § êlS S! .¿ a/"s¡:;¡:' -01 ., .,., ° N ,,¡ ... " z ¡:: 61-. :;-g ãj I~ -' B 1i5 ~ 1ß- ~~ ;::2) J:' ¡-C/) w " < z ¡¡ -g a: 0 c 1':- '" Ii; a:: ï,j o -¡ii t; Q; -gð o ~ ~~ ~ 0 ~12; E~-~ _(J)°o~o( i~ -... 51~ '§ 0 ....--Ien... í , [ ! , ; ~ ~ ¡ . , PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE DESIGN-BUILD CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NO. 87187-R S.P. 1017-12 (T.H. 312=260) (Proposed US 212) S.P. 1017-12C (T.H. 312=260) (proposed US 212) Fed. proj. NH 0212 (308) S.A.P. 10-610-35, S.A.P. 10-615-07 S.A.P. 10-614-05, S.A.P. 10-617-16 S.A.P. 10-618-11 S.A.P. 181-113-05, S.A.P. 194-020-06, S.A.P. 194-104-03, S.A.P. 196-020-03, S.A.P. 196-108-03 S.A.P. S.A.P. S.A.P. S.A.P. 181-105-05 194-010-07 194-112-02 196-010-13 The State of Minnesota Department of Transportation, and AMOUNT ENCUMBERED The Re: City of Chanhassen City lump sum payment for bridge, turn lane, roadway, trail, drainage, retaining wall, lighting, and signal construction by the State on T.H. 312(Proposed US 212) (None) AMOUNT RECEIVABLE $ THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Chanhassen, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". G, \ENG\TH 312\B7187 AGR CHANHASSEN TH 212 DESIGN BUILD. doc 1 87187 WHEREAS, the State is about to perform grading, surfacing, noise berms, noise walls, ponds, signals, lighting, signing and bridge design and construction and other associated construction upon, along and adjacent to the new Trunk Highway No. 312 (proposed US Trunk Highway No. 212) from existing Trunk Highway No. 312 and Eden prairie Road (Hennepin County State Aid Highway No.4) to 0.75 miles west of the intersection of existing Trunk Highway No. 212 and Carver County Road No. 147 in accordance with State plans, specifications and special provisions designated as State Aid Projects No. 10-610-35, No. 10-615-07, No. 10-614-05, No. 10-617-16, No. 10-618-11, No. 181-113-05, No. 181-105-05,No. 194-020-06, No. 194-010-07, No. 194-104-03, No. 194-112-02, No. 196-020-03, No. 196-010-13, No. 196-108-03, and State Projects No. 1017-12 and No. 1017-12C (T.H. 312=260) and in the records of the Federal Highway Administration as Minnesota Project NH 0121 (308); and WHEREAS, the City has requested that the State include the following additional elements to the project that is the subject of this Agreement, which such elements would not be included in such project except for such request, and has agreed to pay for the cost of such additional elements including all design and construction engineering delivery costs associated therewith: Drià§'c oOJ'wtructien OR rm;oro Doulm:ard (COURty Otatc hid lIi§ÌY.JaY no. 17) aRd Bluff Creek Drive; turn lane construction on pioneer Trail (County State Aid Highway No. 14), Powers Boulevard, Lyman Boulevard (County State Aid Highway No. 18), Trunk Highway No. 101, Lake Susan Drive, and Bluff Creek Drive; roadway construction on the east and west bound exit ramps to Powers Boulevard; trail construction along the new Trunk Highway No. 312, pioneer Trail, Powers Boulevard, Lyman Boulevard, Lake Susan Drive, and Bluff Creek Drive; drainage construction along Trunk Highway No. 101 and Lyman Boulevard (Ponds 255P and 250P); and signal construction on Powers Boulevard, Lyman Boulevard, Lake Susan Drive, and Bluff Creek Drive; and WHEREAS, the City has expressed its willingness to participate in the costs of the bridge construction on Powers Boulevard and Bluff Creek G: \ENG\TH 312\81187 AGR CHANHASSEN TH 212 DESIGN BUILD.doc 2 j 87187 Drive; turn lane construction on pioneer Trail, Powers Boulevard, Lyman Boulevard, Trunk Highway No. 101, Lake Susan Drive, and Bluff Creek Drive; roadway construction on the east and west bound exit ramps to Powers Boulevard; trail construction along the new Trunk Highway No. 312, pioneer Trail, Powers Boulevard, Lyman Boulevard, Lake Susan Drive, and Bluff Creek Drive; drainage construction along Trunk Highway No. 101 and Lyman Boulevard (Ponds 255P and 250P); signal construction on Powers Boulevard, Lyman Boulevard, Lake Susan Drive, and Bluff Creek Drive; lighting construction along Trunk Highway No. 101 from 86" Street to Lyman Boulevard and associated design and construction engineering delivery costs in an amount equal to $2,480,452.80 as hereinafter set forth; and WHEREAS the design and construction engineering delivery costs associated with this contract include, completing the remaining 70% of design, construction management, surveying, traffic control, mobilization, warranties, co-housing, and public involvement, all performed by the Design Build team, along with State contract verification costs, including design and construction verification reviews; and WHEREAS the design and construction engineering delivery costs will be 25% of the construction costs; and WHEREAS the lump sum cost shown on page one of this agreement includes all design and construction engineering delivery costs associated with the City's portion of the contract; and WHEREAS the maintenance requirements for the traffic control signal system construction to be performed under State Project No. 1017-12 will be covered under separate agreements; and WHEREAS the design and construction requirements for Utility work to be performed under State Project No. 1017-12 will be covered under a separate Master Utility Agreement; and G: \E:NG\TH 312\sn87 AGR CHANHASSEN TH 212 DESIGN BIJILD.doc 3 87187 WHEREAS in connection with the State contract, the Carver County, City of Eden Prairie, and City of Chaska requested construction will be covered under Agreements No. 87185, No. 87186 and No. 87188 respectively between the State and the respective parties; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purpose of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE STATE Section A. Contract Award The State shall advertise for technical and price proposals and award a design-build contract to the "Best Value Proposer" for State projects No. 1017-12 and No. 1017-12C (T.H. 312=260) (Proposed US Trunk Highway No. 212) in accordance with the State Request for Qualifications and Request for Proposal documents, which are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Direction of Desian-Build Construction The State shall direct all design-build activities performed under the design-build contract, and oversee all construction engineering and inspection functions in connection with the design-build contract construction. All design-build construction shall be performed in compliance with the State's Request for Proposals, the Contractor's technical proposal, and approved plans. section C. plan Chanaes. Additional Construction. Etc. The State may request the Contractor to make changes in the design and/or contract construction and enter into any necessary addenda, change orders and supplemental agreements with the State's Contractor G: \ENG\TH 312\87187 AGR CHANHASSEN TH 212 DESIGN BUILD.doc 4 87187 that are necessary to cause the design and construction to be performed and completed in a satisfactory manner. The State's District Engineer at Roseville or his authorized representative will coordinate with the appropriate City official for any proposed addenda, change orders and supplemental agreements that affect the City cost participation design and construction. Section D. Satisfactory COmD1etion of Desian-Bui1d Contract The State shall perform all other acts and functions necessary to cause the design-build contract to be completed in a satisfactory manner. If the City believes the City cost participation design or construction has not been properly performed or that the design or construction is defective, the City shall inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the State's Contractor has satisfactorily performed the City cost participation design and construction covered under this Agreement. Final acceptance by the State of the completed design-build contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the design-build contract construction. ARTICLE II - CITY REOUESTED ELEMENTS The State and the City agree and acknowledge that the City has requested that the following additional elements be included in the project that is the subject of this Agreement, that such additional elements are being added to such project at the request of the City, and that such additional elements would not be included in such project except for such request: Bridge construction on ro".Jcrs Boulevard and Bluff Creek Drive; turn lane construction on pioneer Trail, Powers Boulevard, Lyman Boulevard, Trunk Highway No. 101, Lake Susan Drive, and Bluff Creek Drive; roadway construction on the east and west bound exit ramps to Powers Boulevard; trail construction along the new Trunk Highway G:\ENG\TH 312\87187 AGR CHANHASSEN TH 212 DESIGN BUILD.doc 5 87187 No. 312, pioneer Trail, Powers Boulevard, Lyman Boulevard, Lake Susan Drive, and Bluff Creek Drive; drainage construction along Trunk Highway No. 101 and Lyman Boulevard (Ponds 255P and 250P); and signal construction on Powers Boulevard, Lyman Boulevard, Lake Susan Drive, and Bluff Creek Drive. ARTICLE III - PAYMENT BY THE CITY The City shall advance to the State, as the City's full and complete share of the costs of the bridge construction on ro..ora Boulevard aRd Bluff Creek Drive; turn lane construction on pioneer Trail, Powers Boulevard, Lyman Boulevard, Trunk Highway No. 101, Lake Susan Drive, and Bluff Creek Drive; roadway construction on the east and west bound exit ramps to Powers Boulevard; trail construction along the new Trunk Highway No. 312, pioneer Trail, Powers Boulevard, Lyman Boulevard, Lake Susan Drive, and Bluff Creek Drive; drainage construction along Trunk Highway No. 101 and Lyman Boulevard (Ponds 250P and 255P); signal construction on Powers Boulevard, Lyman Boulevard, Lake Susan Drive, and Bluff Creek Drive; lighting construction along Trunk Highway No. 101 from 86" Street to Lyman Boulevard and associated design and construction engineering delivery costs to be performed upon, along and adjacent to the new Trunk Highway No. 312 within the corporate City limits under State project No. 1017-12 (T.H. 312=260), a lump sum in the amount of $2,480,452.80. The City shall advance to the Commissioner of Transportation the City's lump sum amount in accordance with the Advance Payment Schedule. Advancement by the City shall be made after the following conditions have been met: A. Execution and approval of this Agreement and the State's transmittal of it to the City. B. Award of the construction contract for the construction to be performed hereunder. G, \ENG\TH 312\87187 AGR CHANHASSEN TH 212 DESIGN BUILP.doc 6 87187 C. Receipt by the City of a written request from the State for the advancement of funds. ADVANCE PAYMENT SCHEDULE First Payment: Upon award of the design-build contract to the successful proposer, and the City's receipt of a written request from the State, the City will pay to the State an amount equal $ Second Payment: On or before April 30" 2006 and the City's receipt of a written request from the State, the City will pay to the State an amount equal $ Third Payment: On or before October 30", 2006 and the City's receipt of a written request from the State, the City will pay to the State an amount equal $ It is anticipated that each of the payments made by the City in accordance with the Advance Payment Schedule shall provide payment in full prior to the performance of any of the City cost participation construction for which that payment was made. It is also anticipated that the final payment by the City will be prior to the completion of the construction contract. ARTICLE IV - GENERAL PROVISIONS Section A. Design Build Contract Changes The City may request changes in the design build contract. If the State determines that the requested changes are necessary or desirable, the State will cause those changes to be made. Section B. Replacement of castings The City shall furnish the State's contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State or the State's contractor, except for replacement of castings and parts broken or damaged by the State's contractor. G, \ENG\TH 312\87187 AGR CHANHASSEN TH 212 DESIGN BUILD. doc 7 ~" 87187 Section C. utility Permits Upon the City's receipt of a fully executed copy of this Agreement, the City shall submit to the State's Utility Engineer an original permit application for all City-owned utilities to be constructed hereunder that are upon and within the trunk highway right-of-way. Applications for permits shall be made on State form "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525). All utility costs associated with State Project No. 1017-12 shall be agreed upon in a separate Master Utility Agreement. Section D. Maintenance bY the City The City of Chanhassen shall be responsible for all snow and ice maintenance activities on Lake Susan Drive, Lyman Boulevard east of Trunk Highway No. 101, Bluff Creek Drive and trails for the project duration. Upon satisfactory completion of the local roadway construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadways and all of the facilities a part thereof, without cost or expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. Upon satisfactory completion of Ponds 200P, 215P, 235P and 240P construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of those pond facilities, without cost or expense to the State. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such G, \ENG\TH 312\87187 AGR CHANHASSEN TH 212 DESIGN BUILD.doc 8 ~ 87187 as flooding, erosion, sedimentation or accelerated deterioration of the facilities. Upon satisfactory completion of the City-owned utilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those utilities, without cost or expense to the State. Upon satisfactory completion of the trail construction to be performed between Old Trunk Highway No. 101 and Lyman Boulevard north of the new Trunk Highway No. 312, along Trunk Highway No. 101, Lyman Boulevard, both sides of Powers Boulevard, and the north side of pioneer Trail, along the east side of Bluff Creek Drive, and accommodation of a future trail under the new Trunk Highway No. 312 to the east of pioneer Trail at Bluff Creek within the corporate City limits under the construction contract, the City shall provide for the maintenance of the trails in accordance with the Limited Use Permit on file in the office of the State's District Engineer. Upon satisfactory completion of the trail related retaining wall construction on the north side of Lyman Boulevard, the City shall provide for the proper maintenance and replacement of the retaining walls without cost or expense to the State. Upon satisfactory completion of the noise walls and berms constructed under the design-build construction contract and within the corporate city limits, the City shall provide for the proper maintenance of the non-trunk highway sides of the noise walls and berms without cost or expense to the State. Maintenance shall include replacement of surface treatments, painting, removal of graffiti, erosion of slopes, maintenance of vegetation and any other maintenance necessary to perpetuate these items in a safe and usable condition. The State shall provide maintenance for the trunk highway side of noise walls and berms, including replacement of surface treatments, single-color repainting, removal of graffiti and other maintenance necessary to G:\ENG\TH 31:2\87187 AGR CHANHASSEN TH 2l2. DESIGN BUILD.doc 9 " 87187 perpetuate the walls and berms in a safe and usable condition. Noise walls and berms, included in the design-build contract that need repair or replacement, as determined by the State, due to aging, deterioration or damage caused by errant trunk highway vehicles, will be replaced by the State when prioritized and funded under the State Transportation Improvement Program. Upon completion of the Trunk Highway No. 101 lighting facilities construction to be performed within the corporate City limits under the construction contract, the City will provide for the proper maintenance of and keep in minor repair those facilities, which includes but is not limited to, maintaining, relamping, and replacing the luminaires and all its components, and cleaning and painting the luminaries and poles. The City will be responsible for the cost and application to secure an adequate power supply to the service pad or pole. The City will thereafter pay all monthly electrical service expenses necessary to operate the lighting facility. Section E. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Engineer at Roseville and is incorporated into this Agreement by reference. Section F. Future Responsibilities Upon satisfactory completion of Lyman Boulevard east of Trunk Highway No. 101, Bluff Creek Drive and the bridge west of pioneer Trail, Lake Susan Drive to the old Trunk Highway No. 101 construction to be performed within the corporate City limits under the construction G: \ENG\TH 312\87187 AGR ÇHANHASSEN TH 212 DESIGN BIJILD.doc 10 87187 contract, the City shall thereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and reconstruction of those roadways and all of the facilities a part thereof constructed hereunder, without cost or expense to the State. Section G. Release and Conveyance of Ponds and Roadwavs The State shall, upon satisfactory completion of Lyman Boulevard east of Trunk Highway No. 101, Bluff Creek Drive and the bridge west of pioneer Trail, Lake Susan Drive and the old Trunk Highway No. 101 construction and all of the facilities a part thereof constructed within the corporate City limits under the construction contract, serve upon the City a "Notice of Release" placing those roadway portions under the jurisdiction of the City; and subsequent thereto, after all necessary and required documents have been prepared and processed, the State shall convey to the City all right, title and interest of the State in those roadway portions. Upon receipt of that "Notice of Release", the City shall become the road authority responsible for the roadway portions so released. It is suspected that Ponds 200P, 215P, 235P and 240P will remain in Carver County State Aid Highway right-of-way and the future maintenance responsibilities of those ponds will be conveyed to the City by Carver County. Section H. Examination of Books. Records. Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section I. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is G:\ENG\TH 312\87187 AGR CHANHASSEN TH 212 DESIGN BUILD.doc 11 87187 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 Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section J. Aqreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTXCLE V - AUTHORXZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Todd Gerhardt, City Manager, or his successor. His current address and phone number are 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, (952) 227-1119. G: \ENG\TH 312\87187 AGR CHANHASSEN TIi 212 DESIGN BUILD.doc: 12 87187 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. CITY OF CHANHASSEN DEPARTMENT OF TRANSPORTATION Recommended for approval: By Mayor By District Engineer Approved: Date By State Design Engineer By Date Title Approved as to form and execution: Date By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By Date G:\ENG\TiI 312.\87187 AGR CHANHASSEN TH 212 DESIGN BUILD. doc 13