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D-7. Resolution 2017-XX Galpin Boulevard (CR 117) from Highway 5 to north city limits, City Project #PW-176A Approve Consultant Contract and Joint Powers Agreement with Carver County for Feasibility Study (2)MEMORANDUM CITY OF C HANHASSE N Chanhassen is Community for Life -Providing for Today and Planning for Tomorrow TO: Todd Gerhardt, City Manager FROM: Paul Oehme, Director of Public Works/City Engineer-�� DATE: November 13, 2017 -b `r� SUBJ: Galpin Boulevard Improvements, PW176a: Approve Consultant Contract and Joint Powers Agreement with Carver County for Feasibility Study and Preliminary Design PROPOSED MOTION "The City Council approves a consultant contract with Kimley-Horn in the amount of $89,000 and a Joint Powers Agreement with Carver County for a feasibility study and preliminary design for Galpin Boulevard (CR 117) from TH 5 to north city limits, City Project No. PW176a." City Council approval requires a simple majority vote of the City Council present. BACKGROUND Staff has been having discussions with Carver County relating to the need for infrastructure improvements to meet modern design standards on County Road 117 (Galpin Boulevard) between State Highway 5 and the northern border of the city. Galpin Boulevard is the jurisdiction of Carver County but desires to turn over future operation and maintenance to the City. Carver County has funds set aside for a mill and overlay project for pavement preservation but this work would not include other needed improvements. Potential future development along Galpin Boulevard would increase traffic which will require improvements along Galpin Boulevard. The City of Chanhassen and Carver County Public Works desire to undertake preliminary design work to determine the necessary improvements to bring Galpin Boulevard up to modern design standards, plan for future growth in the area and determine fixture improvement costs. The City of Chanhassen will be the lead agency and will manage a consultant contract. It is anticipated that a preferred concept and the associated improvement costs will be determined at the conclusion of the project. The City of Chanhassen and Carver County are proposing to evenly split the cost for the feasibility study and preliminary design. Cost splits for construction have not been determined. The scope of the work includes soil borings, surveying, traffic study and preparing concept layouts. Two neighborhood meetings and two City Council meetings are also included in the project scope. PH 952.227.1100 • www.d.chanhassen.mn.us • FX952.227'.1110 7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317 Todd Garhardt Galpin Boulevard Improvements November 13, 2017 Page 2 PRELIMINARY SCHEDULE Begin Work Soil Borings and Surveying Complete Traffic Analysis Complete Council Meeting Neighborhood Meeting #I Preliminary Roadway Concepts and Estimated Costs Complete Council Meeting Neighborhood Meeting #2 Preferred Preliminary Layout and Estimated Costs Complete DISCUSSION November/December, 2017 January 26, 2018 January 26, 2018 February, 2018 February, 2018 April, 2018 May, 2018 May, 2018 May, 2018 Kimley-Horn and Associates completed the environmental documentation and preliminary design for the section of TH 101 from Lyman Boulevard to Pioneer Tail. They also completed the preliminary design for TH 101 from Pioneer Trail to Flying Cloud Drive. Recently, they completed the Market Blvd study from 787th Street to TH 5. Kimley-Horn and Associates' work on that project was acceptable. Staff feels the cost Kimley-Horn and Associates submitted is acceptable based on the scope of this project. Their work on this project was acceptable. The contract is a time and materials based work not -to -exceed amount. Hours will be billed separately for each project area. As with all engineering contracts, the consultant must submit periodic invoices that staff will review before processing. The consultant will be required to submit timesheets verifying the hours worked on the project and expense sheets. Staff will review the invoices and expense sheets for accuracy and conformance to the contract. The City attorney drafted the Joint Powers Agreement. Carver County approved the Joint Powers Agreement on October 17, 2017. Attachments: 1. Joint Powers Agreement 2. CIP Sheet ST -040 3. Resolution gAeng\public\pwl76a galpin blvd feasibility study\bkgd galpin blvd appv consult contact jpa.doc DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F JOINT POWERS AGREEMENT FOR DESIGN OF GALPIN BOULEVARD THIS AGREEMENT (the "Agreement"), made and entered into by and between the City of Chanhassen, a municipal corporation organized under the laws of the State of Minnesota ("City"), and the County of Carver, Minnesota, a municipal corporation organized under the laws of the State of Minnesota ("County"). WHEREAS, the County and the City have been involved in discussions relating to the design of Galpin Boulevard (CRI 17) between TH 5 and the northern border of the City (the "Project"), and WHEREAS, Minnesota Statutes, Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties. NOW, THEREFORE, pursuant to Minnesota Statutes 471.59 and in consideration of the mutual covenants and promises hereinafter contained, it is agreed by and between the City and the County as follows: 1. The City will enter into an Agreement with Kimley-Horn and Associates Inc. to provide preliminary engineering design services for the reconstruction of Galpin Boulevard (CR 117) between TH 5 and the northern border of the City. The scope of the service and estimated costs are attached hereto as Exhibit "A." The City and County will each be responsible for 50% of the costs of the Project. 2. As the Project work is performed and following receipt of invoices from Kimley- Horn, the City will bill the County for its share of the costs. The County will reimburse the City within thirty (30) days for any balance due. 3. Each party shall be liable for the acts or omissions of its respective officers, agents and employees. Each party agrees to indemnify and hold harmless the other from any claims, losses, costs, expenses or damages, including reasonable attorney fees, resulting from the acts or omissions of the respective officers, agents or employees of the indemnifying party to the extent such acts or omissions relate to activities conducted by the indemnifying party under this Agreement or in the construction of the Project. Nothing herein shall be deemed a waiver of any statutory or common law limitations on liability available to either of the parties. This Agreement to indemnify and hold harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota Statutes, Section 466.04 (2006), as amended. To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subdivision la(a) (2006), as amended; 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. Each party agrees to promptly notify the other participating parties if it knows or becomes aware of any facts or allegations reasonably giving rise to actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, including attorney's fees, involving or reasonably likely to Page 1 of 5 194403v1 DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F involve the other participating parties, and arising out of acts or omissions related to this Agreement. 4. It is hereby understood and agreed that any and all employees of the City, the City's contractors and subcontractors and all other persons employed, retained, contracted with or otherwise engaged and all other persons employed by the City in the performance of the provisions of services hereunder shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by third parties engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the County. It is hereby understood and agreed that any and all employees of the County, the County's contractors and subcontractors and all other persons employed, retained, contracted with or otherwise engaged by the County in the performance of the provisions of services hereunder shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by third parties engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the City. The City and the County will each maintain workers' compensation insurance or self-insurance coverage, covering its own employees while they are providing assistance pursuant to this Agreement. 5. To the extent required by Minnesota Statutes Section 16C.05, Subd. 5 (as may be amended), the parties agree that the other party, the State Auditor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of this Agreement and for six (6) years after its termination or cancellation. 6. Each party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 7. During the performance of this Agreement, the City and the County agree to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment right in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. Representatives for each of the parties to this Agreement are as listed below: Page 2 of 5 194403v1 DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F City Name: Paul Oehme Title: Public Works Director/City Engineer Address: P.O. Box 147 City/State: Chanhassen, MN 55317 Phone: 952-227-1169 E-mail: poehmekci.chanhassen.mn.us County Lyndon Robjent County Engineer 11360 Highway 212 West P.O. Box 300 Cologne, MN 55322-0300 Irobjent(cr�,co.carver.mn.us 9. This Agreement will commence upon approval of both the City and the County and the signature of the official with authority to bind each party. This Agreement shall be in effect until such time as the Project is completed. 10. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto. 11. Nothing in this Agreement shall constitute a waiver by the County of any statute of limitations or exceptions on liability. If the County fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. Nothing in this Agreement shall constitute a waiver by the City of any statute of limitations or exceptions on liability. If the City fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. 12. This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary. IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed. Date: 12017 CITY OF CHANHASSEN Denny Laufenburger, Mayor Todd Gerhardt, City Manager Page 3 of 5 194403v1 DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F Date: , 2017. COUNTY OF CARVER, MINNESOTA DocuSfgnby: Y. 2�9.FF'1011�111� Its: County Board Chair DocuSignedbyby:u, , e 5At0�t55�842�.. 171 6:14:21 AM PDT Its: County Administrator Date: 2017. APPROVED AS TO FORM: CARVER COUNTY ATTORNEY Page 4 of 5 1944030 DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F EXHIBIT A Page 5 of 5 194403v1 DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F INDIVIDUAL PROJECT ORDER (IPO) NUMBER 32 Describing a specific agreement between Kimley-Horn and Associates, Inc. ("Consultant'), and the City of Chanhassen ("City") in accordance with the terms of the Agreement for Professional Services dated March 3, 2003, which is incorporated herein by reference. Identification of Project: General Category of Services: Specific Scope of Basic Services Additional Services if Required: Deliverables: Method of Compensation: Schedule: Special Terms of Compensation: Other Special Terms of Individual Project Order: ACCEPTED: CITY OF CHANHASSEN BY: TITLE: DATE: Galpin Boulevard (CR 117) Reconstruction Preliminary Design Services Provide preliminary engineering design services for the reconstruction of Galpin Boulevard (CR 117) between TH 5 and the northern border of the City of Chanhassen. See attached Exhibit A for a more detailed scope. None identified at this time. Traffic Study Preliminary Design Layouts Soil Borings and Geotechnical Report To be billed on an hourly basis as detailed in the attached Estimated Costs summary (Exhibit B). See attached Project Schedule (Exhibit Q. None None KIMLEY-HORN AND ASSOCIATES, INC. TITLE: DATE: DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F EXHIBIT A SCOPE OF SERVICES INDIVIDUAL PROJECT ORDER (IPO) NO. 32 GALPIN BOULEVARD (CR 117) RECONSTRUCTION We understand that the City of Chanhassen and Carver County are considering possible improvements to Galpin Boulevard (CR 117) between TH 5 and the northern border of the City of Chanhassen. The total length of this roadway segment is approximately 2 miles. Galpin Boulevard is currently a four -lane urban section roadway between TH 5 and West 7P Street and a two-lane rural section roadway north of West 78th Street. The City and County are discussing the possible turnback of this roadway segment and improvements are needed before the turnback could occur. The scope of this IPO includes engineering analysis to determine the scope of the necessary improvements and the estimated construction costs for these improvements. Our detailed scope of services is as follows: 1. Background Information The preliminary engineering work included as a part of this IPO will be completed using base mapping and existing conditions information provided by the City and County. We have assumed that the City will provide GIS based information for the purposes of preparing the project base map. We will supplement the available existing conditions information as follows: A. Field Review - We will perform a field review of the project corridor to gather background information and develop an understanding of the existing traffic operations. As part of the field review, the existing roadway cross section and intersection lane geometries will be documented. Additionally, a video log of the corridor will be taken. B. Field Surveying - We will perform up to 16 hours of field surveying if necessary to supplement the GIS base mapping. C. Soil Borings - We will perform a preliminary geotechnical analysis of the project corridor to obtain an understanding of any geotechnical concerns that could impact the cost of the proposed improvements. We have assumed that this will include up to 15 soil borings to a 10 -foot depth along with geotechnical analysis and recommendations. Additional geotechnical exploration and analysis will be needed for any future final design activities. D. Private Utility Investigation - We will obtain an understanding of the existing private utilities along the corridor through the field review and mapping information obtained through Gopher State One Call. We will review NWI maps to identify existing wetlands within the corridor; however, we have assumed that any field delineation to verify existing wetlands will be performed by others or be completed as a part of future design activities. DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F 2. Traffic Study A. Data Collection - We will collect weekday 13 -hour turning movement counts (7:00 AM to 8:00 PM) at intersections along Galpin Boulevard as follows: • TH 5 • West 78th Street • Brinker Street • Longacres Drive • Lake Lucy Road • Up to 1 other location to be determined B. Identify Existing Conditions - We will perform a capacity analysis of existing conditions along the study corridor using the latest version of Synchro/SimTraffic. The analysis will be used as a baseline condition and will also help to identify any existing capacity issues. C. Potential Redevelopment - We have assumed that the City will provide information on any potential redevelopment of the land uses adjacent to Galpin Boulevard for the purposes of the traffic study. D. Future Volume Forecast - We will develop future volumes for a 20 -year design horizon. The City's Comprehensive Plan and traffic counts in the area will be used as a basis for forecasting the future turning movement volumes at the study intersections. Additionally, changes in traffic volumes as a result of any redevelopment will be considered. E. Crash Data - We will review and summarize historic crash data as part of the traffic study. Crash data will be utilized from MnCMAT. F. Turn Lane Analysis - We will review the turning movement volumes and determine appropriate locations for left -turn and right -turn lanes based on operations and the National Highway Cooperative Research Program (NCHRP) Report 457: Evaluating Intersection Improvements will be used as general guidance for the recommendation of turn lanes. G. West 78th Street and Brinker Street Roundabout Analysis - We will investigate the feasibility of roundabouts at the West 78th Street and Brinker Street intersections along GalpirBoulevard. H. Horizon Year Capacity Analysis - We will perform a capacity analysis of up to three layouts for the study corridor. This information will be used in part to identify the preferred layout. I. Traffic Report - We will prepare a report summarizing the results of the traffic analysis and detailing the recommended improvements. A draft report will be prepared for review and comment. After receiving comments and input, we will revise the draft report and complete the final report. DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F 3. Preliminary Design We will complete preliminary design services for the project including the following: A. Prepare Concept Layouts - We will prepare up to three (3) concept layouts for the project corridor based on the results of the traffic analysis and develop preliminary cost estimates for each of the concepts. Preliminary profiles and cross sections will be developed for the concept layouts to determine approximate construction limits. As a part of the concept layout process, we will develop a preliminary storm drainage design to determine storm sewer routing and establish potential locations for stormwater facilities along the corridor. The concept layouts will also identify potential right-of-way/easement needs for the improvements. We will work with City and County staff to evaluate the concept layouts and determine a preferred layout. B. Prepare Preferred Layout - Upon the selection of a preferred concept, we will prepare a final preferred layout, profile, and preliminary cost estimate. The final preferred layout will include preliminary construction limits and right-of-way/easement needs. 4. Project Management and Meetings We will provide overall project management services and prepare for and attend the following meetings: • Kick-off meeting with City and County staff • Two (2) neighborhood open house meetings • Two (2) City Council meetings • Up to four (4) project coordination meetings with City and/or County staff DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F EXHIBIT B ESTIMATED COSTS INDIVIDUAL PROJECT ORDER (IPO) NO. 32 GALPIN BOULEVARD (CR 117) RECONSTRUCTION Kimley-Horn proposes to perform all services for the project on an hourly basis using our current standard hourly rate schedule. The following is a summary of our estimated costs for the individual work tasks included in this IPO. Work Task Fees/Expenses 1. Background Information $ 20,000 2. Traffic Study $ 26,000 3. Preliminary Design $ 24,000 4. Project Management/Meetings $14,000 Subtotal $ 84,000 Reimbursable Expenses $ 5,000 Total Estimated Cost $ 89,000 Our total estimated cost for the scope of services included in this IPO is, therefore, $89,000 including all labor and reimbursable expenses. DocuSign Envelope ID: 4D05689F-DEA8-430E-8C09-485EF5F4388F EXHIBIT C SCHEDULE INDIVIDUAL PROJECT ORDER (IPO) NO. 32 GALPIN BOULEVARD (CR 117) RECONSTRUCTION Work will be completed based upon a schedule agreed upon with the City of Chanhassen and Carver County. The following is a preliminary schedule for the project. Begin Work Soil Borings and Surveying Complete Traffic Analysis Complete Neighborhood Meeting #1 Preliminary Roadway Concepts and Estimated Costs Complete Neighborhood Meeting #2 Preferred Preliminary Layout and Estimated Costs Complete November/December 2017 January 26, 2018 January 26, 2018 February 2018 April 2018 May 2018 May 2018 Capital Improvement Program 2018 thru 2022 City of Chanhassen, MN Project # ST -040 Project Name Galpin Blvd Improvements -Hwy 5 N to City limits Department Street Improvements Contact Paul Oehme Type Improvement Useful Life Category Streets/Highways Account #1 Account #3 Priority n/a Account #2 Account #4 Description Total Project Cost: $6,090,000 Che project will reconstruct Galpin Blvd from 78th Street north to the City limits. The street is proposed to have geometric improvements made to ;onform to current design standards and urbanized to have concrete curb and gutter. Turn lanes will be constructed and trail improvements made. Chis section of Galpin Blvd is on Carver County's turnback list for roadways to be jurisdictionally transferred to the local agency. Once Galpin 3lvd is reconstructed the City would be responsible for operations and future maintenance. Justification Che pavement of Galpin Blvd has reached its life expectancy. The roadway at this time should be reconstructed and designed to current standards. Che project is also planned for growth in the area. Expenditures 2018 2019 2020 2021 2022 Total Construction 90,000 6,000,000 6,090,000 Total 90,000 6,000,000 690909000 Funding Sources 2011 2019 2020 2021 2022 Total Assessment/Revolving 45,000 45,000 Assess Fund MSA 500,000 500,000 Other Agency Contribution 45,000 5,500,000 5,545,000 Total 90,000 6,000,000 6,090,000 3get Impact/Other project will require the City to have operational and maintenance over this section of Galpin Blvd. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 13, 2017 RESOLUTION NO: 2017 -XX MOTION BY: SECONDED BY: A RESOLUTION APPROVING A CONSULTANT CONTRACT AND JOINT POWERS AGREEMENT FOR GALPIN BOULEVARD IMPROVEMENTS FROM TH 5 TO THE NORTH CITY LIMITS PW176A WHEREAS, the City of Chanhassen is authorized to enter into a Consultant Contract with Kimley-Horn and Associates and a Joint Powers Agreement with Carver County for the purpose of a feasibility study and preliminary design; and WHEREAS, the Mayor and the City Manager are certified to execute the Agreement and any amendments to the Agreement. NOW, THEREFORE BE IT RESOLVED that the City of Chanhassen be authorized to enter into a Consultant Contract with Kimley-Horn & Associates and a Joint Powers Agreement with Carver County for a feasibility study and preliminary design for Galpin Boulevard Improvements from TH 5 to the north city limits. Passed and adopted by the Chanhassen City Council this 13t' day of November, 2017. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT