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2g Approve Joint Powers Agreement Carver County/MnDOT PW067F4 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952.2271110 Building Inspections Phone 952.227.1180 Fax 952.227.1190 Engineering Phone: 952.2271160 Fax 952.2271170 Finance Phone 952.227.1140 Fax 952.2271110 Park & Recreation Phone 952.227.1120 Fax 9522271110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax 952.2271404 Planning & Natural Resources Phone 952.2271130 Fax 952.2271110 Public Works 1591 Park Road Phone 952.2271300 Fax: 952.2271310 Senior Center Phone 952.227.1125 Fax 952.2271110 Web Site www.ci.chanhassen.mn.us r del ~ ~J MEMORANDUM TO: Todd Gerhardt, City Manager cJ# Paul Oehme, Dir. of Public Works/City Engineer \?~ O"'l~'--. FROM: DATE: January 9,2006 SUBJ: TH 101 Corridor Design Study South of Lyman Boulevard to Scott County Line: Approve Joint Powers Agreement with Carver County/MnDOT - PW067F4 REQUESTED ACTION Approve Joint Powers Agreement for TH 101 Preliminary Design. BACKGROUND On August 22,2005, staff discussed with Council if a Preliminary Design study should be initiated to identify improvements along TH 101 south of Lyman Boulevard to the Scott County line. The corridor is currently not planned for any major improvements by MnDOT or turnback to the County in the next 15 years. The proposed preliminary design is the first step to having MnDOT program funds for upgrading the road and is necessary for any future grant applications. The corridor has several significant design concerns. The Y intersection at MN 101 and old US 212 does not function effectively during peak periods. Steep grades are present north of old US 212. The corridor has several tight curves and most of the alignment does not meet state design standards. Several hidden driveway entrances and blind intersections exist along the corridor. A blind trail intersection is located north of old US 212. Several severe injury accidents and one fatal accident have been documented in the past year. Areas along the corridor (2010 MUSA) are expected to develop in the next five years that will add additional traffic to the corridor. With an interchange access to new US 212 from MN 101 anticipated to open in 2007, traffic volumes along the corridor will likely increase. MnDOT has reviewed the City and County request for a joint project of the corridor to begin planning for future improvements. MnDOT has recently budgeted $50,000 for this work. Staff has budgeted for this work in the 2006 CIP, ST -017. The City's share of the study is proposed to be funded by Municipal State Aid. One-third of the study will be City cost in an amount not to exceed $50,000. The City 01 Chanhassen. A growing community with clean lakes, quality schools, a charming downtown, thriving bUSinesses, winding trails, and beautiful parks. A great place to live, work, and play Todd Gerhardt January 9,2006 Page 2 The County, MnDOT and the City are currently going through a selection process for a consultant. Proposals from the consultants are due back on January 5, 2006. It is anticipated the parties will have a consultant selected for the study by the January 23, 2006 City Council meeting. The study is scheduled to take nine months to complete. After preliminary design is complete, an environmental study (EIS or EA W) is programmed for 2008 which will facilitate officially mapping the corridor. Once this work is complete and funds have been programmed, improvement projects can be implemented. The earliest staff envisions any major improvements taking place is by 2010. The City Attorney has reviewed the agreement and finds it in order. Attachments c: Lynn P. Clarkowski - MnDOT G,IENGIPUBLlCIPW067F4 TH 101 Corridor Study -Lyman south to 2l2\bkgd jpl appvl OI0906.doc --I I Page 86 Friday, November J 8. 2005 " MnlDOT Agreement No. 88185 CFMS Contract No. STATE OF MINNESOTA JOINT POWERS AGREEMENT FOR PROFESSIONALffECHNICAL SERVICES State Project Number (SP): 1009-18 Trunk Highway Number (TH): 101 Project Identification: Corridor Scoping, Environmental and Preliminary Design Services for TH 101 from Lyman Boulevard, which is County State Aid Highway (CSAH) 18, South to the Scott County Line This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City ofChanhassen, through its City Council ("City"), address: 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317 and Carver County, through its Board of Commissioners ("County") address: 11360 Highway 212 West, Suite 1, Cologne, Minnesota 55322-9133 Recitals 1. Under Minn. Statutes ~ 15.061 State is empowered to engage such assistance as deemed necessary. 2. Minnesota Statutes ~ 471.59 authorizes State, City and County to enter into this Agreement. 3. State is in need of preliminary design services for Trunk Highway (TH) 101 from Lyman Boulevard (CSAH 18) South to the Scott County Line, including corridor scoping, environmental screening, and conceptual layout alternatives. Carver County will also be a participant in this project. City will be the lead agency. 4. The City and County represent that they are duly qualified and agree to perform all services described in this agreement to the satisfaction of State. Agreement 1 Term of Agreement 1.1 Effective date: The date State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2. 1.2 Expiration date: March 31, 2007, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms: The following clauses survive the expiration or termination of this Agreement: 6 - Liability; 7 - State Audits; 8 - Government Data Practices; 9 - Intellectual Property; 10 - Venue. 1.4 Exhibits: Exhibit A and B are attached and incorporated into this Agreement. 2 Scope of Work and Deliverables 2.1 Pursuant to applicable laws, City will enter into a contract with a subconsultant to perform the following tasks: 2.1.1 Roadway Alternatives Analysis: Identify concepts for up to three viable alternate alignments for the corridor and prepare documentation that includes a typical section, preliminary geometric plan and profiles for each alternative, an access plan indicating number and location of local street connections for each alternative alignment, projected traffic volumes for each alternative alignments, and a cost estimate of right-of-way and construction for each alternative alignment. Preparation of preliminary plans and profiles will be in accordance with the State's Road Design Manual, current American Association of State Highway and Transportation Officials (AASHTO) Policy on Geometric Design of Highways and Streets, AASHTO Roadside Design Guide and current Highway Capacity Manual, all incorporated by reference. Design standards will be in accordance with County State Aid Highway standards per Minnesota Rules Chapter 8820. 2.1.2 Social, Economic, and Environmental ("SEE") Screening: Identify social, economic, and Page 1 of7 Mn/DOT Agreement No. 88185 physical environment issues for each alternate alignment. Document what is known about SEE impacts. Confer with environmental review agencies to identify issues of concerns. Collect and review data, identifying key issues for the SEE screening including but not limited to: . Air quality . Noise . Wetlands . Water ResourceslFloodplainslDrainagelW ater Quality . Wildlife, fisheries, vegetationlEndangered and protected species . Submission of MnlDOT-Minnesota Department of Natural Resources (DNR) Questionnaire Request Form Regarding Natural and Recreational Resources . Utilities . Soils and erosion . Contaminated soils . Land use and economic issues · Parks/Recreation/Section 4(t) and 6(t) reviews . Social and environmental justice issues . Right-of-way and relocation . Aesthetic and visual concerns . Community facilities . Historic and archaeological resources . Pedestrian and bicycle facilities . Traffic, transit and other inter-modal issues . Local access and community impacts · Construction impacts (erosion, sedimentation, traffic, etc.) . Cumulative Impacts . Existing Information and History Report all fmdings and conclusions in Environmental Screening Technical Memorandum. Provide six bound paper copies and one electronic copy of the draft Environmental Screening Technical Memorandum in PDF format for State's review. City will meet with State and County to discuss comments prior to producing the final Technical Memorandum. 2.1.3 Draft report. Consultant will deliver six draft reports each to City, State, and County for review prior to final report document delivery. Comments from City, State, and County will be included in the final report. 2.1.4 Final report. Documentation of all fmdings and recommendations. Provide twelve bound paper copies and one electronic copy of the final report in PDF format. Provide all electronic files used to produce the report, including graphics, layouts, tables, and text. Provide copies of all study related correspondence, transmittal records, supporting documentation, traffic data used, and all meeting minutes. 2.2 The State will provide: 2.2.1 Soils reports and boring logs produced along the project corridor and obtain additional soils information as necessary of the corridor. 2.2.2 Aerial photography and design mapping of the corridor. 2.2.3 Existing right of way surveys documentation of the corridor. 2.2.4 A five year crash analysis of the corridor. 2.2.5 Participate as a member of the Project Management team. 2.3 The County will provide: 2.3.1 County Traffic data and Regional Traffic volume forecasts. 2.3.2 Corridor Traffic volume estimates based on anticipated property development. Page 2 of7 Mn/DOT Agreement No. 88185 3 Payment 3.1 Consideration. Total Agreement is not to exceed $150,000.00. City, State, and County are each responsible for one third (1/3) of total Agreement cost, not to exceed $50,000.00 for each party. State will pay for all services performed by the City under this Agreement as follows: A. Compensation. The State and County will reimburse the City for subcontractor costs. Payment Liquidation: The City will submit invoices for payment in accordance with the following schedule: Upon completion and acceptance of each of the following deliverables the City will receive payment in the amount of25% of the State's responsibility and 25% of the County's responsibility, up to $12,500.00 per deliverable. . Summary of Findings of Environmental Screening . Draft Layout of Alternative Alignments . Draft Report . Final Report B. TotalObligation. The total obligation of the State and County for all compensation and reimbursements to the City under this Agreement is not to exceed $100,000.00, ($50,000.00 each). 3.2 Terms of Payment Invoices. State and County will promptly pay City after City presents an itemized invoice for the services actually performed and State's Authorized Representative and County's Authorized Representative accepts the invoiced services. City will use the format set forth in Exhibit A when submitting invoices to State. City will use the format set forth in Exhibit B when submitting invoices to the County. Invoices must be submitted timely and according to the following schedule: Upon completion and acceptance of services as detailed in Article 3.1. 3.2.1 Retainage. Under Minnesota Statutes Section 16C.08, subdivision 5(b), no more than 90% of the amount due under this Agreement may be paid until the final product of this Agreement has been reviewed by State's agency head. The balance due will be paid when State's agency head determines that City has satisfactorily fulfilled all the terms of this Agreement. 3.2.2 Federal funds. If federal funds are used, City is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by City's failure to comply with federal requirements. 4 Authorized Representatives 4.1 State's Authorized Representative will be: Julie Fiereck, Contract Administrator 1500 West County Road B2 Roseville, Minnesota 55113 Phone: (651) 582-1228 EMail address:Julie.fiereck@dot.state.mn.us State's Authorized Representative, or her successor, will monitor City's performance and has the authority to accept or reject the services provided under this Agreement. 4.2 State's Project Manager will be: Cyrus Knutson, Jurisdiction Program Manager 1500 West County Road B2 Roseville, Minnesota 55113 Phone: (651) 582-1387 EMail address:Cyrus.knutson@dot.state.mn.us Page 3 of7 Mn/DOT Agreement No. 88185 State's Project Manager, or his successor, has the responsibility to monitor City's performance and progress. State's Project Manager will sign progress reports, review billing statements, make recommendations to State's Authorized Representative for acceptance of City's goods or services and make recommendations to State's Authorized Representative for certification for payment of each Invoice submitted for payment. 4.3 City ofChanhassen's Authorized Representative will be: Paul Oehme, Director of Public Works/City Engineer City of Chanhassen 7700 Market Boulevard, P.O. Box 147 Chanhassen, Minnesota 55317 Phone: (952) 227-1169 EMail: poehme@cLchanhassen.mn.us 4.4 Carver County's Authorized Representative will be: Roger Gustafson, Carver County Engineer Carver County 11360 Highway 212 West, Suite 1 Cologne, Minnesota 55322-9133 Phone: (952) 466-5200 EMail: rgustafs@co.carver.mn.us 5 Assignment, Amendments, Waiver and Contract Complete 5.1 Assignment City may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. 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. 5.3 Waiver. If State fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability 6.1 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 Minnesota Statutes section 3.736 and other applicable law. Liability of the County and the City is governed by Minnesota Statutes chapter 466. 7 State Audits 7.1 Under Minn. Stat. ~ 16C.05, subd. 5, City's books, records, documents and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices 8.1 City and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained or disseminated by City under this Agreement. The civil remedies of Minn. Stat. ~ 13.08 apply to the release of the data referred to in this clause by either City or State. Page 4 of7 MnlDOT Agreement No. 88185 If City receives a request to release the data referred to in this Clause, City must immediately notify State. State will give City instructions concerning the release of the data to the requesting party before the data is released. 9 Intellectual Property Rights 9.1 Intellectual Property Rights. State owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks and service marks in the Works and Documents created and paid for under this agreement. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice, created or originated by City, its employees, agents and subcontractors, either individually or jointly with others in the performance of this Agreement. Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks or other materials, whether in tangible or electronic forms, prepared by City, its employees, agents or subcontractors, in the performance of this agreement. The Documents will be the exclusive property of State and City upon completion or cancellation of this Agreement must immediately return all such Documents to State. To the extent possible, those Works eligible for copyright protection under the United States Copyright Act will be deemed to be "works made for hire." City assigns all right, title and interest it may have in the Works and the Documents to State. City must, at the request of State, execute all papers and perform all other acts necessary to transfer or record State's ownership interest in the Works and Documents. 9.2 Obligations 9.2.1 Notification. Whenever any invention, improvement or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by City, including its employees and subcontractors, in the performance of this agreement, City will immediately give State's Authorized Representative written notice thereof, and must promptly furnish State's Authorized Representative with complete information and/or disclosure thereon. 9.2.2 Representation. City must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of State, and that neither City nor its employees, agents or subcontractors retain any interest in and to the Works and Documents. City represents and warrants that the Works and Documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, City will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless State, at City's expense, from any action or claim brought against State to the extent that it is based on a claim that all or part of the Works or Documents infringe upon the intellectual property rights of others. City will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs and damages, including but not limited to, attorney fees. If such a claim or action arises, or in City's opinion is likely to arise, City must, at State's discretion, either procure for State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing Works or Documents as necessary and appropriate to obviate the infringement claim. This remedy of State will be in addition to and not exclusive of other remedies provided by law. 10 Venue 1 0.1 Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. Page 5 of7 Mn/DOT Agreement No. 88185 11 Termination 11.1 Termination. State or the Commissioner of Administration may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to City. In the event of such termination, the State will pay the City for services satisfactorily performed up to the effective date of termination. 11.2 Termination for Insufficient Funding. State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to City. State is not obligated to pay for any services that are provided after notice and effective date of termination. However, City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. State must provide City notice of the lack of funding within a reasonable time of State's receiving that notice. 12 Additional Provisions THE BALANCE OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 6 of7 STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat.ff 16A.15 and 16C.05. Signed: Date: CFMS Contract No. A- CITY OF CHANHASSEN* City certifies that the appropriate person(s) have executed the Agreement on behalf of City as required by applicable articles, bylaws, resolutions or ordinances. By: Title: Date: By: Title: Date: CARVER COUNTY* Carver County certifies that the appropriate person(s) have executed the Agreement on behalf of Carver County as required by applicable articles, bylaws, resolutions or ordinances. By: Title: Date: By: Title: Date: Mn/DOT Agreement No. 88185 STATE AGENCY By: (with delegated authority) Title: Date: COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: *INLCUDE COPY OF RESOLUTION APPROVING THE AGREEMENT Page 7 of7 MnlDOT Agreement No. 88185 Exhibit A Invoice To: Consultant Services Estimated Completion: % Minnesota Department of Transportation Transportation Building, Mail Stop 680 INVOICE NO. 395 John Ireland Boulevard Period Ending: St. Paul, Minnesota 55155 Invoice Date: Copy: Cyrus Knutson, Project Manager Julie Fiereck, Contract Administrator Re: State Project Number (SP): 1009-18 Trunk Highway (TH): 101 Project Identification: Preliminary Design for TH 101 from Lyman Boulevard (CSAH 18) South to Scott County Line. C tr t E . f D t M h 31 2007 on ac xplra Ion a e: arc , Total Total Amount Billed Contract Billing Previously This Amount to Date Billed Invoice 1. Summary of Findings of Environmental $12,500.00 Screening 2. Draft Layout of Alternative Alignments $12,500.00 3. Draft report $12,500.00 4. Final report $12,500.00 Net Earnings Totals: $50,000.00 Total Amount Due This Invoice: I certify that the above statement is correct and payment has not been received. Signature: For State Use Only Print Name: Title: Billing Address: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN. 55317 Telephone: (952) 227-1169 Recommended for Payment: Approved for Payment: State's Project Manager Date State's Agreement Administrator Date Page 1 of I Rev. 2/01 . . Mn/DOT Agreement No. 88185 To: Carver County Roger Gustafson, Carver County Engineer 11360 Highway 212 West, Suite 1 Cologne, Minnesota 55322-9133 Exhibit B Invoice Estimated Completion: % INVOICE NO. Period Ending: Invoice Date: Re: State Project Number (SP): 1009-18 Trunk Highway (TH): 101 Project Identification: Preliminary Design for TH 101 from Lyman Boulevard (CSAH 18) South to Scott County Line C E" D M h 31 2007 ontract xplratlon ate: arc , Total Total Amount Billed Contract Billing Previously This Amount to Date Billed Invoice 1. Summary of Findings of Environmental $12,500.00 Screening 2. Draft Layout of Alternative Alignments $12,500.00 3. Draft report $12,500.00 4. Final report $12,500.00 Net Earnings Totals: $50,000.00 I Total Amount Due This Invoice: I I I certifY that the above statement is correct and payment has not been received. Signature: Print Name: Title: Billing Address: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN. 55317 Telephone: (952) 227-1169 Recommended for Payment: Approved for Payment: Project Manager Date Agreement Administrator Date Page 1 of 1 Rev. 2/01