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Resolution Approving Coop Constr Agmt for TH 5 Accel Lanes Signal and Trail0 CITY OF CHANHASSEN 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 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 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 ts —.5- MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Paul Oehme, Director of Public Works /City EngineerUr DATE: January 25, 2016 d SUBJ: Resolution Approving Cooperative Construction Agreement No. 1002075 with MnDOT for TH 5 Acceleration Lanes and Traffic Signal and Trail Replacement —Project No. 16 -03 PROPOSED MOTION "The City Council approves a resolution approving Cooperative Construction Agreement No. 1002075 with Minnesota Department of Transportation (MnDOT) for TH 5 acceleration lanes and traffic signal and trail replacement." City Council approval requires a simple majority vote of the City Council present. BACKGROUND On December 14, 2015, the City Council approved a permit for MnDOT to construct a stormwater infiltration pond on City property at the northeast corner of TH 5 and Market Boulevard for the TH 5 acceleration lanes. DISCUSSION MnDOT is planning to construct acceleration lanes at various intersections along TH 5 during the summer of 2016. These acceleration lanes are similar to the one MnDOT constructed on eastbound TH 5 at Powers Boulevard four years ago. MnDOT is responsible for the cost of the acceleration lane improvements. Included in the project is the replacement of the signal at the intersection of TH 5 and Great Plains Boulevard. This signal is in need of replacement due to mechanical and electrical problems. MnDOT's cost participation agreement for signals is local agencies are responsible for the cost of signals on the local street leg segments. The project also includes the replacement of the trail from Great Plains Boulevard to TH 101 north. This section of trail is in poor condition. The trail is owned and maintained by the City. The City has asked MnDOT to include the replacement of this section of trail in the project. The estimated cost to replace the trail is $51,320.52. The City's share to replace the signal at Senior Center Great Plains Boulevard is $172,932.57. The total estimated City share of the project is Phone: 952.227.1125 Fax: 952.227.1110 $224,253.09. Funding for both items has been budget for using Municipal State Aid funds Website The city attorney has reviewed the cooperative agreement. www.ci.chanhassen.mn.us Attachments: Resolution Cooperative Agreement Project Map CIP g:\ eng\ publictvfP. �ItIS�88�Ct�l�iQb�r�jlTfI1�I�JpfII7r# i�t{ l9VN# 1p�\ fbY�bti�yt $i1P1p11p1fDN>�QJIT10ti�1� acc lanes.doc ��NNESpT4y Minnesota Department of Transportation pF 395 John Ireland Boulevard pF TRt'a y Saint Paul, MN 55155 March 17, 2016 Paul Oehme, P.E. Chanhassen City Engineer 7700 Market Boulevard, P.O. Box 147 Chanhassen, MN 55317 RE: Coop. Const. Agree. No. 1002075 City of Chanhassen S.P. 1002 -100 (T.H. 5 =121) S.A.P. 194- 010 -015 Fed. Proj. HSIP 1016(134) City cost for trail and signal system construction by the State on T.H. 5 Dear Mr. Oehme: (651) 366 -4634 Mail Stop 682 CITY OF CHANHASSEN RECEBVED MAR 2 1 2016 Transmitted herewith for the City's use and retention, is a fully executed copy of the subject agreement between the City and this department. The State has recomputed the City's cost share for this contract using the low bid unit prices of Meyer Contracting, Inc., to whom this construction contract has been awarded. The City's cost share as recomputed, increased from the preliminary estimate of $221,913.68 to the revised estimate of $268,147.04. An invoice in the amount of $268,147.04 will be forwarded to the City in a few days, and it is requested that payment be made accordingly. Sincerely, M \aryahne Kelly - Sonnek Municipal Agreements Engineer Enclosures An Equal Opportunity Employer E) r © V OM REVISED SCHEDULE "I" Agreement No. 1002075 City of Chanhassen S.P. 1002 -100 (T.H. 5 = 121) Preliminary: January 20, 2016 S.A.P. 194 - 010 -015 Revised: March 17, 2016 Fed. Proj. No. HSIP 1016(134) Grading, concrete and bituminous surfacing, ADA improvements and signals construction to start approximately April, 2016 under State Contract No. 160034 with Meyer Contracting, Inc. located on Trunk Highway No. 5 CITY COST PARTICIPATION From Sheet No. 2 246,087.17 50% Additional City Signal Painting Cost ($4,394.25 x.50 = $2,197.13) 2,197.13 Subtotal $248,284.30 Construction Engineering (8 %) 19,862.74 (1) Subtotal Construction and Construction Engineering $268,147.04 Total City Cost $268,147.04 (1) Amount of advance payment as described in Article 7.1 of the agreement Page 1 of 2 1002075 ITEM NUMBER S.A.P. 194 - 010 -015 WORK ITEM UNIT QUANTITY UNIT PRICET COST 1 2021.501 MOBILIZATION LUMP SUM 0.10 130,000.00 13,000.00 2031.501 _ FIELD OFFICE TYPE D EACH 0.10 10,690.00 1,069.00 2031.503 FIELD LABORATORY TYPE DX EACH 0.10 6,450.00 645.00 2104.505 REMOVE BITUMINOUS PAVEMENT SQ. YD. 1,504.00 2.70 4,060.80 2106.501 EXCAVATION - COMMON CU. YD. 125.00 17.25 2,156.25 2211.503 AGGREGATE BASE (CV) CLASS 6 CU. YD. 165.00 61.50 10,147.50 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (3.C) TON 276.00 66.00 18,216.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.10 18,200.00 1,820.00 2574.508 FERTILIZER TYPE 3 POUND 91.00 0.50 45.50 2574.575 SUBSOILING ACRE 0.30 350.00 105.00 2574.578 SOIL BED PREPARATION ACRE 0.30 250.00 75.00 2575.501 SEEDING ACRE 0.30 150.00 45.00 2575.502 SEED MIXTURE 25 -141 POUND 16.00 3.40 54.40 2575.523 EROSION CONTROL BLANKETS CATEGORY 3N SQ. YD. 1,259.00 1.20 1,510.80 2575.571 RAPID STABILIZATION METHOD 3 MGAL 2.00 360.00 720.00 2575.572 RAPID STABILIZATION METHOD 4 SQ. YD. 1,258.00 1.40 1,761.20 2565.511 TRAFFIC CONTROL SIGNAL SYSTEM SIG. SYSTEM 0.50 341,454.44 170,727.22 2565.513 EMERGENCY VEHICLE PREEMPTION SYSTEM LUMP SUM 0.50 9,000.00 4,500.00 STATE FURNISHED MATERIALS LUMP SUM 0.50 30,857.00 15,428.50 TOTAL: $246,087.17 (1) 100% CITY $246,087.17 Page 2 of 2 MnDOT Contract No: 1002075 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF CHANHASSEN State Project Number (S.P.): Trunk Highway Number (T.H.): State Aid Project (S.A.P.): Federal Project Number: Signal System ID COOPERATIVE CONSTRUCTION AGREEMENT 1002 -100 Estimated Amount Receivable 5 =121 $221,913.68 194 - 010 -015 HSIP 1016(134) 20078 This Agreement 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 will perform grading, concrete and bituminous surfacing, ADA improvements and signal construction and other associated construction upon, along and adjacent to Trunk Highway No. 5 from 100 feet west of Bridge No. 10009 to 600 feet west of Dell Road according to State - prepared plans, specifications and special provisions designated by the State as State Aid Project No. 194 - 010 -015 and State Project No. 1002 -100 (T.H. 5 =121); and 2. The City has requested the State include in its project trail construction; and 3. The project will provide replacing the current signal system and adding acceleration lanes on Trunk Highway No. 5 to reduce the number of crashes and improve safety and mobility; and 4. The City wishes to participate in the costs of the trail, signal system construction, ADA improvements and associated construction engineering; and 5. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by the City; 10. Liability; Worker Compensation Claims; 12. State Audits; 13. Government Data Practices; 14. Governing Law; Jurisdiction; Venue; and 16. Force Majeure. The terms and conditions set forth in Article 5. Signal System, EVP System and Interconnect — Power, Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the State as State Aid Project No. 194 - 010 -015 and State Project No. 1002 -100 (T.H. 5 = 12 1) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ( "Project Plans ") -I- Receivable Standard with Signal (Municipal Agreements) MnDOT Contract No: 1002075 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award The State will advertise forbids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Inspection by the City. The City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will 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 will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. C. Limited Right to Occupy. By signing this agreement the City allows MnDOT and its contractors to enter upon the City properties for constructing the infiltration basin at the Northeast quadrant of Trunk Highway No. 5/Market Boulevard as identified in the plan documents for S.A.P. 194 - 010 -015 and S.P. 1002 -100. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda, change orders and supplemental agreements to the construction contract that will affect the City participation construction covered under this Agreement. B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 2.5. Permits A. Limited Use Permit. The City will obtain, through the District's Right of Way Area Manager, a Limited Use Permit under Control Section 1002 along Trunk Highway No. 5 from County State Aid Highway No. 17 to Carver/Hennepin County line to cover the City's liability responsibilities of non - motorized recreational trail to be constructed upon the State right -of -way. 2.6. Replacement of Castings. Adjustments to certain City -owned facilities, including but not limited to, valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City -owned -2- Receivable Standard with Signal (Municipal Agreements) MnDOT Contract No: 1002075 facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3. Maintenance by the City. Upon completion of the project, the City will provide the following without cost or expense to the State: 3.1. Storm Sewers. Routine maintenance of any storm sewer facilities construction. 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; minor structure repair; and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. 3.2. Bikeways /Shared Use Paths. Maintenance of the Trunk Highway No. 5 bituminous path between Trunk Highway No. 101/Dakota Avenue and Great Plains Boulevard construction. Maintenance includes, but is not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, pavement replacement, vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the bikeways and shared use paths in a safe and usable condition. Maintenance for that portion of the bikeway /shared use path to be constructed and maintained upon the Trunk Highway right -of -way will be according to the Limited Use Permit on file in the office of the State District Engineer. 3.3. Additional Drainage. Neither party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written 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 Unit at Roseville and is incorporated into this Agreement by reference. 4. Maintenance of the Infiltration Basin. The State will provide the maintenance of the infiltration basin system at the northeast quadrant of Trunk Highway No. 5 and County Road No. 101 /Market Boulevard. If the City installs any landscaping around the infiltration basin, the City will be responsible to provide the maintenance of the landscaping without cost to the State. 5. Signal System, EVP System and Interconnect — Power, Operation and Maintenance Power, operation and maintenance responsibilities will be as follows for the new Signal System and EVP System and existing Interconnect on Trunk Highway No. 5 and Great Plains Boulevard. 5.1. City Responsibilities A. Power. The City will be responsible for the hook -up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the new Signal System, EVP System and existing Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal System controller cabinet and service cabinet exteriors. -3- Receivable Standard with Signal (Municipal Agreements) MnDOT Contract No: 1002075 iv. Clean and paint the Signal System and luminaire mast arm extensions. Painting will be in accordance with MnDOT Standard Specification 25653T, unless approved by the State's District Traffic Engineer. 5.2. State Responsibilities A. Interconnect, Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. The State will maintain the interconnect including Gopher One State Call locating between the new Signal System and the existing Traffic Control Signal Systems at County State Aid Highway No. 101 (Market Boulevard) and at Trunk Highway No. 101 (Dakota Avenue). B. EVP System Operation. The new EVP System will be operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 5.3. Right of Way Access. Each party authorizes the other party to enter upon their respective public right of way to perform the maintenance activities described in this Agreement. 5.4. Related Agreements. This agreement will supersede and terminate the operation and maintenance terms of Agreement No. 68072, dated April 4, 1991, between the State, City and Carver County for the intersection of Trunk Highway No. 5 and Great Plains Boulevard. Carver County will be sent a letter of termination at the completion of this project. 6. Basis of City Cost 6.1. SCHEDULE "I ". The Preliminary SCHEDULE "I" includes all anticipated City participation construction items, State Furnished Materials lump sum amounts and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 6.2. City Participation Construction. The City will participate in the work items at the 100 percentage participation rate as shown and tabulated on Sheet No. 2 of the Preliminary SCHEDULE "I ". The construction includes the City's proportionate share of item costs for mobilization, field office, field laboratory and traffic control and the City's cost share of the painting of the signal system and 50 percent share of the signal system. 6.3. State Furnished Materials. The State will furnish a cabinet, controller, and cameras ( "State Furnished Materials "), according to the Project Plans, to operate the traffic control signal system(s) covered under this Agreement. The City's lump sum share for State Furnished Materials is $15,428.50. The City's cost share for State Furnished Materials will be added to the City's total construction cost share as shown in the SCHEDULE "I ". -4- Receivable Standard with Signal (Municipal Agreements) MnDOT Contract No: 1002075 6.4. 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. 6.5. 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. 6.6. 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. 7. City Cost and Payment by the City 7.1. City Cost. $221,913.68 is the City's estimated share of the costs of the contract construction, State Furnished Materials 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, which will replace and supersede the Preliminary SCHEDULE "I" as part of this agreement. 7.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction engineering cost share, 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 1111 B. The City's receipt of a written request from the State for the advancement of funds. 7.3. 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. 7.4. Final Payment by the City Upon completion of all contract construction and upon computation of the final amount due the State's contractor, 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. 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- Receivable Standard with Signal (Municipal Agreements) MnDOT Contract No: 1002675 8. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 8.1. The State's Authorized Representative will be: Name /Title: Maryanne Kelly - Sonnek, Municipal Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366 -4634 E -Mail: maryanne.kellysonnek @state.mn.us 8.2. The City's Authorized Representative will be: Name /Title: Paul Oehme, P.E. Chanhassen City Engineer (or successor) Address: 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317 Telephone: (952) 227 -1169 E -Mail: poehme @ci.chanhassen.mn.us 9. Assignment; Amendments; Waiver; Contract Complete 9.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 9.2. 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. 9.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 9.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 10. Liability; Worker Compensation Claims 10.1. Each party is 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 § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 10.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 11. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 12. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City'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 from the end of this Agreement. -6- Receivable Standard with Signal (Municipal Agreements) MnDOT Contract No: 1002075 13. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 14. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination; Suspension 15.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 15.2. Termination for Insufficient Funding. The 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 performance of contract construction under the Project. Termination must be by written or fax notice to the City. 15.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 16. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -7- Receivable Standard with Signal (Municipal Agreements) 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: A6, By: Title: Date: MnDOT Contract No: 1002075 DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: Z= (District Engineer) Date: 0,4 416 If Appro) Date: COMMISSIONER OF ADMINISTRATION By: (With delegated authority) D (o, � oq "I INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -8- Receivable Standard with Signal (Municipal Agreements) tn��i 7 PRELIMINARY SCHEDULE "I" Agreement No. 1002075 City of Chanhassen S.P. 1002 -100 (T.H. 5 = 121) S.A.P. 194-010-015 Fed. Proj. No. HSIP 1016(134) Grading, concrete and bituminous surfacing, ADA improvements and signals construction to start approximately April, 2016 under State Contract No. with located on Trunk Highway No. 5 Preliminary: January 20, 2016 _ CITY COST PARTICIPATION From Sheet No. 2 203,278.50 50% Additional City Signal Painting Cost ($4,394.25 x.50 = $2,197.13) 2,197.13 Subtotal $205,475.63 Construction Engineering (8 %) 16,438.05 (1) Subtotal Construction and Construction Engineering $221,913.68 Total City Cost $221,913.68 (1) Amount of advance payment as described in Article 7.1 of the agreement (Estimated amount) Data is considered Non - public prior to project award. - 1 - 1002075 ITEM NUMBER S.A.P. 194- 010 -015 WORK ITEM UNIT QUANTITY UNIT PRICE COST 1 2021.501 MOBILIZATION LUMP SUM 0.10 100,000.00 10,000.00 2031.501 _ FIELD OFFICE TYPE D EACH 0.10 15,000.00 1,500.00 2031.503 FIELD LABORATORY TYPE DX EACH 0.10 15,000.00 1,500.00 2104.505 REMOVE BITUMINOUS PAVEMENT SQ. YD. 1,504.00 1.75 2,632.00 2106.501 EXCAVATION - COMMON CU. YD. 125.00 5.00 625.00 2211.503 AGGREGATE BASE (CV) CLASS 6 CU. YD. 165.00 25.00 4,125.00 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (3.C) TON 276.00 60.00 16,560.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.10 50,000.00 5,000.00 2574.508 FERTILIZER TYPE 3 POUND 91.00 1.00 91.00 2574.575 SUBSOILING ACRE 0.30 450.00 135.00 2574.578 SOIL BED PREPARATION ACRE 0.30 125.00 37.50 2575.501 SEEDING ACRE 0.30 200.00 60.00 2575.502 SEED MIXTURE 25 -141 POUND 16.00 5.00 80.00 2575.523 EROSION CONTROL BLANKETS CATEGORY 3N SQ. YD. 1,259.00 1.50 1,888.50 2575.571 RAPID STABILIZATION METHOD 3 MGAL 2.00 400.00 800.00 2575.572 RAPID STABILIZATION METHOD 4 SQ. YD. 1,258.00 2.00 2,516.00 2565.511 TRAFFIC CONTROL SIGNAL SYSTEM SIG. SYSTEM 0.50 270,000.00 135,000.00 2565.513 EMERGENCY VEHICLE PREEMPTION SYSTEM LUMP SUM 0.50 10,600.00 5,300.00 STATE FURNISHED MATERIALS LUMP SUM 0.50 30,857.00 15,428.50 TOTAL: $203,278.50 (1)100% CITY $203,278.50 Data is considered Non - public prior to project award. - 2 - S.P. 1002 -100 (T.H. 5 = 121) S.A.P. 194- 010 -015 Fed. Proj. No. HSIP 1016(134) Grading, concrete and bituminous surfacing, ADA impr< State Contract No. 160034 with Meyer Contracting, Inc. located on Trunk Highway No. 5 REVISED SCHEDULE "I" Agreement No. 1002075 Citv of Chanhassen and signals construction to start _ From Sheet No. 2 50% Additional City Signal Painting Cc Subtotal Construction Engineering (8 %) (1) Subtotal Construction and Construction Total City Cost CITY COST PARTICIPATION ($4,394.25 x.50 = $2,197.13) (1) Amount of advance payment as described in Article 7.1 of the agreement Page 1 of 2 2016 under 246,087.17 2,197.13 _- $248,284.30 19,862.74 $268,147.04 $268.147.04 minary: January 20, 2016 Revised: March 17, 2016 1002075 ITEM NUMBER S.A.P. 194 - 010 -015 I WORK ITEM UNIT QUANTITY UNIT PRICET COST 1 2021.501 MOBILIZATION LUMP SUM 0.10 130,000.00 13,000.00 2031.501 FIELD OFFICE TYPE D EACH 0.10 10,690.00 1,069.00 2031.503 FIELD LABORATORY TYPE DX EACH 0.10 6,450.00 645.00 2104.505 REMOVE BITUMINOUS PAVEMENT SQ. YD. 1,504.00 2.70 4,060.80 2106.501 EXCAVATION - COMMON CU. YD. 125.00 17.25 2,156.25 2211.503 AGGREGATE BASE (CV) CLASS 6 CU. YD. 165.00 61.50 10,147.50 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (3.C) TON 276.00 66.00 18,216.00 2563.601 TRAFFIC CONTROL LUMP SUM 0.10 18,200.00 1,820.00 2574.508 FERTILIZER TYPE 3 POUND 91.00 0.50 45.50 2574.575 SUBSOILING ACRE 0.30 350.00 105.00 2574.578 SOIL BED PREPARATION ACRE 0.30 250.00 75.00 2575.501 SEEDING ACRE 0.30 150.00 45.00 2575.502 SEED MIXTURE 25 -141 POUND 16.00 3.40 54.40 2575.523 EROSION CONTROL BLANKETS CATEGORY 3N SQ. YD. 1,259.00 1.20 1,510.80 2575.571 RAPID STABILIZATION METHOD 3 MGAL 2.00 360.00 720.00 2575.572 RAPID STABILIZATION METHOD 4 SQ. YD. 1,258.00 1.40 1,761.20 2565.511 TRAFFIC CONTROL SIGNAL SYSTEM SIG. SYSTEM 0.50 341,454.44 170,727.22 2565.513 EMERGENCY VEHICLE PREEMPTION SYSTEM LUMP SUM 0.50 9,000.00 4,500.00 STATE FURNISHED MATERIALS LUMP SUM 0.50 30,857.00 15,428.50 TOTAL: $246,087.17 (1) 100% CITY $246,087.17 Page 2 of 2 CERTIFICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER ) I, Kim T. Meuwissen, duly appointed and acting Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution No. 2016 -07 "A Resolution Approving MnDOT Agreement No. 1002075 To Provide Payment By The City To The State For Costs Associated With Trail And Signal System Construction And Other Associated Construction Along Trunk Highway 5 At TH 101/Dakota Avenue And Great Plains Boulevard" adopted by the Chanhassen City Council on January 25, 2016 with the original copy now on file in my office and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Chanhassen, Minnesota, this 29h day of January, 2016. Kim 4 Meuwissen, Deput Clerk CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: January 25, 2016 RESOLUTION NO: 2016 -07 MOTION BY: Tiornhom SECONDED BY: McDonald APPROVE MnDOT AGREEMENT NO. 1002075 TO PROVIDE PAYMENT BY THE CITY TO THE STATE FOR COSTS ASSOCIATED WITH TRAIL AND SIGNAL SYSTEM CONSTRUCTION AND OTHER ASSOCIATED CONSTRUCTION ALONG TRUNK HIGHWAY 5 AT TH 101/DAKOTA AVENUE AND GREAT PLAINS BOULEVARD WHEREAS, the City of Chanhassen enter into MnDOT Agreement No. 1002075 with the State of Minnesota Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of costs of the trail and signal system construction and other associated construction to be performed upon, along and adjacent to TH 5 from 100 feet west of Bridge No. 10009 to 600 feet west of Dell Road within the corporate city limits under State Aid Project No. 194 - 010 -015 and State Project No. 1002 -100 (TH 5 =121). WHEREAS, the Mayor and the City Manager are authorized 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 MnDOT Agreement No. 1002075 which provides for payment by the City to the State for costs associated with construction along TH 5 at TH 101/Dakota Avenue and Great Plains Boulevard. Passed and adopted by the Chanhassen City Council this 25th day of January, 2016. ATTEST: "Gerhardt, ager YES NO Laufenburger None Campion McDonald Ryan Tjornholm 4W,01 0;�f /-c4� Denny La enburger, Aayor ABSENT None Capital Improvement Program 2016 rhru 2020 City of Chanhassen, MN Project # ST -034 Project Name TH 5 Acceleration Lane Improvements Department Street Improvements Contact Paul Oehme Type Improvement Useful Life 1,950,000 2016 2017 Category Streets/Highways Account #1 Account #3 Priority n/a Account #2 Account #4 Description Total Project Cost: $1,950,000 The Minnesota Department of Transportation is planning to add acceleration lanes on TH 5 at the intersections of Market Blvd, Great Plains Blvd and TH 101 /Dakota Lane. Also included in the project is the signal replacement at Great Plains Blvd and the pedestrian trail from Great Plains Blvd to TH 101. The signal at TH 5 and Market Blvd will also be painted. Justification This project will improve safety at these intersections and replace warn out infrastructure. Expenditures 2016 2017 2018 2019 2020 Total Construction 1,950,000 1,950,000 Total Funding Sources 1,950,000 2016 2017 1,950,000 2018 2019 2020 Total MSA Other Agency Contribution Street Pavement Management 250,000 1,680,000 20,000 250,000 1,680,000 20,000 Total 1,950,000 1,950,000 Budget Impact /Other Phase 3 Scoping Map FY 2016 T.H. 5 at T.H. 101 West & East Jct. S.P. 1002 -100 MSD Project ID #1147 I Construct Acceleration Lanes City of Chanhassen Carver County Riley- Purgatory-Bluff Creek Watershed District I i� { • 7 • i,r . �4 • --'_- '�' ' • ' S' lbiearf`«.. g'J . it � ' } ' $ �j i -..w � t ;}y.. �+ r .. � � - t`. leration Lane +1� T Active RR Line,, . r .. • } I. s s , �' r•� a - ' - �' r if r `� i �'w+ T ` '��e�� �� � � � �x. _ $ i ' Acceleration Lane 4 1- • tr,.p .. _ ,r ' • La:� _k " 1000910010 �^ Pedestrian Bridge err r r Aux. lane 101 { 1 t • .• FS _. I 'rc • { • • t� .• _�' �*. � aye �. � ., D V PC4 o'`7'pF T 8/2312011 T.H. 5 at T.H. 101 West & East Jct. Construct acceleration lanes on ' T.H. 5 at free rights from T.H. 101. w rait Ilk -. .w, Acceleration Lane dS it a¢Ty. - ' it •r i„ 0 100 200 i Feet 41 '- Carver Chisago Anoka Dakota Created by Pam O'Brien Scoping Project Documentation Legend REFERENCE POSTS MN ROUTE STREETS ROUTE Bikeways -- Bikeway on Road }— RAILROADS — Non paved Trail SCOPING NEEDS -- Paved Trail EDMS doc. #1043898 1 � pw: \ \PW8i.ad.dot. state. m n.us:cadp\Documents\Projects\ DM ROS \005 \1002 \100 \Scoping\Predesign\ TH 5 SP 1002 -100 Phase 1 Scoping Map 2011.mxd