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HomeMy WebLinkAbout5G 150th St/TH 13 MnDOT Cooperative Agreement 6,0"1°4%t" 4646 Dakota Street SE Prior Lake, MN 55372 sOlP CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 13, 2015 AGENDA#: 5G PREPARED BY: LARRY POPPLER, CITY ENGINEER/ INSPECTIONS DIRECTOR PRESENTED BY: LARRY POPPLER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONSTRUCTION COOPERATIVE AGREE- MENT WITH MNDOT FOR THE 150TH STREET / TH 13 IMPROVEMENT PRO- JECT DISCUSSION: Introduction The cities of Savage and Prior Lake, along with Mn/DOT, have been working coop- eratively to develop the final design for the 150th Street/TH 13 intersection. As the project nears construction, it is typical that the City enter into MNDOT's construction cooperative agreement. History In response to concerns regarding safety at the TH 13/150th Street Intersection the Cities of Prior Lake and Savage initiated a joint intersection improvement study in 2007 with the final report date of February 12, 2010. This study area includes TH 13 between 152nd Street and Rustic Road. Once the study was complete an Intersection Control Evaluation (ICE)was prepared and a concept layout was approved and each agency began programming the pro- ject in their respective Capital Improvement Plans. The original concept layout pro- vided a 3/4 unsignalled access at 150th Street, right in / right out access at Zinran, and a pedestrian underpass. Ultimately each agency settled on 2015 for construc- tion. Since the original study was commenced, a number of things have changed in the traffic intensity and patterns in the study area: 1. Construction of Aspen Academy Charter School at the intersection of Zinran and TH 13. 2. Residential Development along 150th Street just east of TH 13 adding addi- tional traffic. 3. Increase in traffic to and from the High School. In 2014, a feasibility report was prepared and included several alternatives for this project. Two alternatives were debated in September. Ultimately, on consecutive nights September 15 and 16, 2014 the Savage and Prior Lake City Councils se- lected Concept 5B along with a Cost Sharing Agreement for the project. A Project Management Team (PMT) was formed to provide guidance on the devel- opment of the final design for this project. The PMT includes representatives from Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com the Minnesota Department of Transportation (Mn/DOT), SEH, and the cities of Prior Lake and Savage. PMT meetings have generally been held weekly since the Octo- ber City Council action in addition to a separate meeting to discuss easement ac- quisition coordination. The 60% plans were completed on December 29, 2014 which is consistent with the project schedule. The final design plans were completed by February 23, 2015. On February 9th, the City Council authorized additional property acquisition costs up to $1,030,150 as these costs have risen due to a variety of factors. The property acquisition process continues as not all properties have agreed to the offers pre- sented. To date, $550,000 has been paid for property acquisition on this project. Approximately $500,000 in other project support costs have also been spent. Current Circumstances Tonight the City Council is considering MNDOT's standard construction coopera- tive agreement. The agreement details the MNDOT cost participation, mainte- nance responsibilities, and other terms. The City of Prior Lake last considered this type of agreement in 2013 with construction of the Ridgemont/TH 13 project. The language within the current agreement is similar to the 2013 version. The City At- torney has reviewed this document. MNDOT requires that the construction cooperative agreements for both Savage and Prior Lake be signed prior to bid opening for the project. Bid opening is planned for July 17th, 2015. The City of Savage reviewed and approved this docu- ment at their July 6th, City Council meeting. The City will review the bids on July 27th, 2015 and construction is expected to commence in August. Private utility contractors have already begun moving their facilities along the corridor. Conclusion The attached agreement is typical for these types of projects. It is recommended that the City Council approve this agreement. ISSUES: The original preliminary design did not contemplate the extent of work in Prior Lake at 150th Street and Estate Avenue. The work involved to build this intersection to MNDOT State Aid Standards is extensive and includes additional property acquisi- tion and construction costs as a result. FINANCIAL The attached agreement includes a provision for the Cities to reject the bids if they IMPACT: desire. The MNDOT contribution is proposed to be $2.242 Million. In accordance with the cost sharing agreement the Cities of Prior Lake and Savage will split the remainder of the cost the project including design, right of way acquisition, construction costs, and project support costs whereby the City of Prior Lake would pay $857,000 more than Savage and pay for property acquisition costs over the originally estimated $862,000. At the next City Council meeting, bid information will be available and a project funding table will be completed based on the cost sharing formulas. ALTERNATIVES: 1) Approve a Resolution Entering into a Construction Cooperative Agreement with MNDOT for the for the 150th Street and Trunk Highway 13 Improvement Project. 2) Deny this item for a specific reason and provide staff with direction. 3) Table this item until some date in the future. 2 RECOMMENDED A motion and second to approve alternative number 1 as part of the consent agenda. MOTION: 3 6001PRZO 4646 Dakota Street SE 4 sols" Prior Lake, MN 55372 RESOLUTION 15-xxx A RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH MNDOT FOR THE 150TH STREET AND HIGHWAY 13 IMPROVEMENT PROJECT (STATE PROJECT#7001-104, CITY PROJECT#TRN15- 000001) Motion By: Second By: WHEREAS, The reconstruction of the 150th Street and TH 13 intersection is considered a priority to the City of Prior Lake, City of Savage and MNDOT, and WHEREAS, A Cooperative Agreement identifies the funding and outlines the roles and responsibilities for this project including grading, surfacing, storm sewer, traffic signal, signing, lighting, and landscape construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 13 from 1550 feet south of 150th Street to 720 feet north of Rustic Road SE within the corporate City limits under State Project No. 7001-104. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City of Prior Lake hereby enters into MnDOT Agreement No. 04845 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance by the City of the biofiltration system, sidewalk, retaining wall, ornamental railing and Glascow Trail construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 13 from 1,550 feet south of 150th Street southeast to 720 feet north of Rustic Road southeast within the corporate City limits under State Project No. 7001-104. 3. The Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. PASSED AND ADOPTED THIS 13th DAY OF JULY 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ 0 Frank Boyles, City Manager MnDOT Contract No: 04845 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF SAVAGE AND CITY OF PRIOR LAKE COOPERATIVE CONSTRUCTION AGREEMENT State Project Number(S.P.): 7001-104 Original Amount Encumbered Trunk Highway Number(T.H.): 13=117 $2,216,637.00(Savage) State Aid Number(S.A.P.): 201-105-008 City Project Number(C.P.): 14-40 Lighting System Feed Point No. "City" Signal System ID 39887 This Agreement is between the State of Minnesota,acting through its Commissioner of Transportation("State")and City of Savage acting through its City Council ("City")and City of Prior Lake acting through its City Council ("City"). Recitals 1. The City of Savage will perform grading,bituminous pavement,signals,retaining walls, and ADA improvement construction and other associated construction upon, along and adjacent to Trunk Highway No. 13 from 1,550 feet south of 150th Street SE to 720 feet north of Rustic Road SE according to City-prepared plans,specifications and special provisions designated by the City as C.P. 14-40 and by the State as State Project No. 7001-104 and State Aid Project No. 201-105-008 (T.H. 13=117)("Project"); and 2. The Project involves safety improvements to include a signal system to reduce crash potential at Trunk Highway No. 13 and 150th Street; and 3. The Cities of Savage and Prior Lake along with the State have cooperatively joined together to improve the safety impact for the intersection of 150th Street and Trunk Highway No. 13; and 4. The City of Savage requests the State participate in the costs of the new signal system,grading, bituminous pavement,retaining wall,ADA improvements and trail under Trunk Highway No. 13 construction and the State is willing to participate in the costs of said construction 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: 2.5. State Ownership of Improvements; 5. Maintenance -1- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 by the City of Savage; 6. Maintenance by the City of Prior Lake; 11. Liability; Worker Compensation Claims; Insurance; 13. State Audits; 14. Government Data Practices; 15. Governing Law; Jurisdiction; Venue;and 17.Force Majeure. The terms and conditions set forth in Article 7. Signal System(s)and EVP System(s)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. State-approved City of Savage plans, specifications and special provisions designated by the City of Savage as C.P.No. 14-40 and by the State as State Project No. 7001-104 and State Aid Project No. 201-105-008 (T.H. 13=117)are on file in the office of the City of Savage's Engineer and incorporated into this Agreement by reference. ("Project Plans") 1.5. Exhibits.Exhibit A Turn-Back&Turn-Up and Exhibit B -Basin Split are attached and incorporated into this Agreement. 2. Right-of-Way Use 2.1. Limited Right to Occupy. The State grants to the City of Savage(and its contractors and consultants)the right to occupy trunk highway right-of-way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project,and administering such construction,and may be revoked by the State at any time,with or without cause. Cause for revoking this right of occupancy includes,but is not limited to,breaching the terms of this or any other agreement(relevant to this project) with the State,failing to provide adequate traffic control or other safety measures,failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the City of Savage(or its contractors or consultants)for revoking this right of occupancy. 2.2. State Access;Suspension of Work;Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the trunk highway right-of-way(including the construction being performed on such right-of-way)at any time and without notice to the City of Savage or its contractor. If the State determines(in its sole discretion)that the construction is not being performed in a proper or timely manner, or that environmental laws(or the terms of permits)are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented,then the State may direct the City of Savage(and its contractor)to take such remedial measures as the State deems necessary. The State may require the City of Savage(and its contractors and consultants)to suspend their operations until suitable remedial action plans are approved and implemented. The State will have no liability to the City of Savage(or its contractors or consultants)for exercising its rights under this provision. 2.3. Inspection of Construction for the City of Prior Lake. Inspection by the City of Prior Lake. The City of Prior Lake participation construction covered under this Agreement will be open to inspection by the City Prior Lake. If the City of Prior Lake believes the City of Prior Lake participation construction covered under this Agreement has not been properly performed or that the construction is defective,the City of Prior Lake will inform Savage and the State District Engineer's and the authorized representative in writing of those defects. Any recommendations made by the City of Prior Lake are not binding on the State and City of Savage. The State and City of Savage will have the exclusive right to determine whether the City of Savage's contractor has satisfactorily performed the City of Prior Lake participation construction covered under this Agreement. 2.4. Traffic Control; Worker Safety. While the City of Savage(and its contractors and consultants)are occupying the State right-of-way,they must comply with the approved traffic control plan,and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City of Savage,contractor,and consultant personnel occupying the State's right-of-way must be provided with required reflective clothing and hats. -2- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 2.5. State Ownership of Improvements. The State will retain ownership of its trunk highway right-of-way, including any improvements made to such right-of-way under this Agreement,unless otherwise noted. The warranties and guarantees made by the City of Savage's contractor with respect to such improvements(if any)will flow to the State. The City of Savage will assist the State,as necessary,to enforce such warranties and guarantees, and to obtain recovery from the City of Savage's consultants, and contractor(including its sureties)for non-performance of contract work, for design errors and omissions,and for defects in materials and workmanship. Upon request of the State,the City of Savage will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City of Savage's consultants and contractors. 3. Contract Award and Construction 3.1. Bids and Award. The City of Savage will receive bids and award a construction contract to the lowest responsible bidder(or best value proposer), subject to concurrence by the State in that award, according to the Project Plans. The contract construction will be performed according to the Project Plans. 3.2. Bid Documents furnished by the City of Savage. The City of Savage will,within 7 days of opening bids for the construction contract, submit to the State's State Aid Agreements Engineer a copy of the low bid and an abstract of all bids together with the City of Savage's request for concurrence by the State in the award of the construction contract. The City of Savage will not award the construction contract until the State advises the City of Savage in writing of its concurrence. 3.3. Rejection of Bids. The City of Savage may reject and the State may require the City of Savage to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids,a party may request,in writing,that the bidding process be repeated. Upon the other party's written approval of such request,the City of Savage will repeat the bidding process in a reasonable period of time,without cost or expense to the State. 3.4. The City of Savage's contract with its construction contractor(s)must include the following terms: A. A clause making the State of Minnesota, acting through its Commissioner of Transportation,an intended third-party beneficiary of the contract with respect to the portion of work performed on the State's right- of-way; and B. A clause requiring the State to be named as an additional insured on any insurance coverage which the contractor is required to provide; and C. A clause stating that any warranties provided by the contractor,for the work performed on the trunk highway,will flow to, and be enforceable by,the State as the owner of such improvements. 3.5. Direction,Supervision and Inspection of Construction A. The contract construction will be under the direction of the City of Savage and under the supervision of a registered professional engineer;however,the State and City of Prior Lake participation construction covered under this Agreement will be open to inspection by the State District Engineer's authorized representatives. The City of Savage will give the State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract construction. B. Responsibility for the control of materials for the contract construction will be on the City of Savage and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the State's current"Standard Specifications for Construction". 3.6. Contaminated Soils and Groundwater within the State's Cost Participation Limits. -3- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 A. 24 Hour Notification. The City of Savage will notify the State District Engineer's authorized representative a minimum of 24 hours prior to the contractor beginning the excavation and removal of any contaminated soils that have been identified within the Project limits. B. Immediate Notification. The City of Savage will notify the State District Engineer's authorized representative immediately upon the contractor encountering contaminated soils and/or groundwater in areas that are within the Project limits. The City of Savage will confer with the State as to the handling, disposal, and any other issues related to contaminated materials found on State Right-of-Way or import of materials onto State Right-of-Way. C. Environmental Consultant. The City of Savage will provide for an Environmental Consultant to be on site to observe and document the excavation,handling and disposal of contaminated soils that have been identified within the Project limits. if the contractor encounters contaminated materials in areas not previously identified and upon notification by the City of Savage to MnDOT,the City of Savage hired Environmental Consultant will be provided to collect and analyze soil and/or groundwater samples to determine contaminant levels,work with the landfill for disposal of the soil waste,and provide oversight of any soil and groundwater handling and disposal. The City of Savage will not allow the contractor to excavate any contaminated soil unless the Environmental Consultant is present. 3.7. Completion of Construction. The City of Savage will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended,by an exchange of letters between the appropriate Cities of Savage and Prior Lake official and the State District Engineer's authorized representative,for unavoidable delays encountered in the performance of the contract construction. 3.8. Plan Changes. All changes in the Project Plans and all addenda, change orders and supplemental agreements entered into by the City of Savage and its contractor for contract construction must be approved in writing by the State District Engineer's authorized representative. 3.9. Compliance with Laws, Ordinances,Regulations. The City of Savage will comply and cause its contractor to comply with all Federal, State and Local laws,and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's trunk highway right-of-way,the City of Savage will not require the contractor to follow local ordinances or to obtain local permits. 3.10. Construction Documents Furnished by the City of Savage. The City of Savage will keep records and accounts that enable it to provide the State,when requested,with the following: A. Copies of the City of Savage contractor's invoice(s)covering all contract construction. B. Copies of the endorsed and canceled City of Savage warrant(s) or check(s)paying for final contract construction,or computer documentation of the warrant(s)issued, certified by an appropriate City of Savage official that final construction contract payment has been made. C. Copies of all construction contract change orders and supplemental agreements. D. A certification form,provided by the State, signed by the City of Savage's Engineer in charge of the contract construction attesting to the following: i. Satisfactory performance and completion of all contract construction according to the Project Plans. ii. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current"Standard Specifications for Construction". iii. Full payment by the City of Savage to its contractor for all contract construction. E. Copies,certified by the City of Savage's Engineer,of material sampling reports and of material testing results for the materials furnished for the contract construction. -4- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 F. A copy of the "as built" plan sent to the State Aid Agreements Engineer. 4. Right-of-Way; Easements; Permits 4.1. The City of Savage will,without cost or expense to the State,obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State,the City of Savage will furnish the State with certified copies of the documents for rights-of-way and easements, construction permits and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. The City of Savage will convey to the State by quit claim deed,all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any,upon completion of the Project, at no cost or expense to the State. 4.3. The City of Savage will comply with Minnesota Statutes §216D.04, subdivision 1(a),for identification, notification,design meetings and depiction of utilities affected by the contract construction. 4.4. The City of Savage and the City of Prior Lake will submit to the State's Utility Engineer an original permit application for all utilities owned by either city to be constructed upon and within the trunk highway right- of-way. Applications for permits will be made on State form "Application for Utility Permit on Trunk Highway Right Of Way" (Form TP2525). 4.5. Limited Use Permit. The City of Prior Lake and the City of Savage will obtain,through the District's Right of Way Area Manager, a Limited Use Permit No. 7001-0013 to cover the City of Prior Lake's and the City of Savage's liability responsibilities of the trail sections that are located on State Right-of-Way. 5. Maintenance by the City of Savage Upon completion of the project,the City of Savage will provide the following without cost or expense to the State: 5.1. 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. 5.2. Biofiltration Basin System at 150th St;East and West Biofiltration Basins as Shown in Exhibit B—Basin Split. Routine maintenance of the biofiltration basin system shall include,but not limited to, litter,debris and minor sediment removal, mowing,erosion repairs,entrance/exit pipe and any other maintenance activities necessary to preserve the facilities and prevent conditions such as flooding,erosion, sedimentation or accelerated deterioration of the facilities. A. The City of Savage will become the owner of the 150th Street East biofiltration basin and the 150th Street West biofiltration basin and will provide for the proper routine maintenance of these two biofiltration basins. B. The City of Savage will provide the for the proper routine maintenance for the PVC drain outlet and headwall on MnDOT Right of Way approximately 800 feet north of the Trunk Highway No. 13 and 150th Street intersection. C. The City of Savage will share in the cost of future major maintenance of the treatment areas as identified as 150th Street East and 150"'Street West biofiltration basin at a rate based on the ratios of contributing water flow entering into the treatment areas at the time that the major maintenance is required. The non- State contributing water volume entering into the 150th Street East is 83 percent and for the 150th Street West it is 84 percent. -5- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 D. The State will share in all responsibilities,arising out of or by reason of the drainage collecting into and being discharged from the treatment areas identified as Savage 150th Street East biofiltration basin and the Savage 150th Street West biofiltration Basin. The State will share such responsibilities,at a rate based on the ratios of State contributing water flow entering into the Savage 150th Street East biofiltration basin and the Savage 150`h Street West biofiltration basin as referenced in the previous paragraph,however,contributing water flow ratios may change based on development and alteration of land use in the vicinity. 5.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction,without cost or expense to the State. 5.4. Sidewalks. Maintenance of pedestrian ramps at 150th Street Southeast and Trunk Highway No. 13 sidewalk construction,including stamped and colored concrete sidewalk(if any)and pedestrian ramps. Maintenance includes,but is not limited to, snow, ice and debris removal,patching, crack repair,panel replacement, cross street pedestrian crosswalk markings,vegetation control of boulevards(if any) and any other maintenance activities necessary to perpetuate the sidewalks in a safe,useable,and aesthetically acceptable condition. 5.5. Additional Drainage. None of the parties 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 parties. 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. 5.6. Future Responsibilities. Upon completion of the 150th Street Southeast intersection and frontage road construction,the City of Savage will accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation,maintenance,repair and reconstruction as part of this Agreement,without cost or expense to the State. 5.7. Release and Conveyance of Roadways as shown in Exhibit A. The City of Savage; and subsequent thereto, after all required documents have been prepared and processed,the State will convey to the City of Savage all right,title and interest of the State a portion of Trunk Highway 13 Right of Way that has 150th Street West, Glascow Trail and a portion of Trunk Highway No. 13 Right of Way at Zinran Avenue as shown on Exhibit A. Upon receipt of that"Notice of Release",the City of Savage will become the road authority responsible for the roadway portion so released. 6. Maintenance by the City of Prior Lake Upon completion of the project,the City of Prior Lake will provide the following without cost or expense to the State: 6.1. 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. 6.2. Biofiltration Basin System at 150th Street as Shown in Exhibit B—Basin Split. Routine maintenance of the biofiltration basin system shall include,but not limited to,litter, debris and minor sediment removal, mowing, erosion repairs,entrance/exit pipe and any other maintenance activities necessary to preserve the facilities and prevent conditions such as flooding, erosion,sedimentation or accelerated deterioration of the facilities. A. The City of Prior Lake will share in the cost of future major maintenance of the treatment areas identified as 150th Street biofiltration basin at a rate based on the ratios of contributing water flow -6- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 entering into the treatment areas at the time that the major maintenance is required. The non-State contributing water volume entering into the 150`h Street biofiltration basin is 14 percent. 6.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction,without cost or expense to the State. 6.4. Sidewalks. Maintenance of any sidewalk construction,including stamped and colored concrete sidewalk(if any)and pedestrian ramps. Maintenance includes,but is not limited to, snow, ice and debris removal, patching, crack repair,panel replacement,cross street pedestrian crosswalk markings,vegetation control of boulevards(if any) and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable,and aesthetically acceptable condition. 6.5. Bikeways/Shared Use Paths. Maintenance of Glascow Trail bikeways and shared use paths 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 Glascow Trail bikeways and Shared use paths to be constructed upon the Trunk Highway Right of Way will be according to the Limited Use Permit No. 7001- 0013,on file in the office of the State's District Engineer. 6.6. Retaining Walls. Maintenance of any retaining wall construction located on 150th Street West. Maintenance includes graffiti removal and any other maintenance activities necessary to perpetuate the walls in a safe,usable and aesthetically acceptable condition. 6.7. Ornamental Railing. Maintenance and repair of the ornamental railing construction. Maintenance and repair includes,but is not limited to,graffiti removal, anchor and minor panel repair,painting and/or replacement of damaged ornamental metal railing panels and any other maintenance activities necessary to perpetuate the ornamental railing in a safe, usable and aesthetically acceptable condition. 6.8. Additional Drainage. None of the parties 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 parties. 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. 6.9. Future Responsibilities. Upon completion of the Project,and after Right of Way is transferred to the State, the State will become the owner of the 150`h Street biofiltration basin shown in Exhibit B and the State will provide for the proper routine maintenance of 150`h Street biofiltration basin without cost or expense to the City of Prior Lake. Until such time as the Right of Way is transferred to the State shown in Exhibit A,the City of Prior Lake will be responsible for inspecting and maintaining,repair and reconstruction of 150th Street roadway and all of the facilities constructed as part of this Agreement,without cost or expense to the State. All inspection and maintenance data until ownership is transferred will be reported annually to the MnDOT Metro MS4 Engineer. 6.10.Release and Conveyance of Roadways. Upon completion of the grading,bituminous pavement, signals, retaining wall,and ADA improvement construction,the State is conveying to the City of Prior Lake a portion of Trunk Highway No. 13 Right of Way and Glascow Trail SE as shown on Exhibit A. The State will serve upon the City a"Notice of Release" placing that roadway portion under the jurisdiction of the City of Prior Lake; and subsequent thereto,after all required documents have been prepared and processed, the State will convey to the City of Prior Lake all right,title and interest of the State in that roadway portion. Upon receipt of that "Notice of Release",the City of Prior Lake will become the road authority responsible for the roadway portion so released. -7- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 7. Signal System and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System and EVP System located on Trunk Highway No. 13 at 150`h Street in Savage and Prior Lake, and for the Interconnect on Trunk Highway No. 13 from Fish Point Road to Commerce Avenue/South Park Drive. 7.1. City of Savage Responsibilities A. Power.The City of Savage 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 Signal System, and EVP System and will bill the City of Prior Lake annually. B. Minor Signal System Maintenance. The City of Savage 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. iv. Clean the Signal System and luminaire mast arm extensions. 7.2. 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 of Savage or City of Prior Lake. All Signal System timing will be determined by the State,and no changes will be made without the State's approval. B. EVP System Operation. The EVP System will be installed,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 of Savage and City of Prior Lake 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 of Savage or City of Prior Lake 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. 7.3. 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. 7.4. State Furnished Materials. The State will furnish a cabinet and controller("State Furnished Materials"), according to the Project Plans, to operate the traffic control signal system(s)covered under this Agreement. -8- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 The City of Savage's lump sum share for State Furnished Materials is $12,681.50. The State's lump sum share for State Furnished Materials is$12,681.50 and is considered a part of the State's total lump sum cost. The City of Savage and State's cost shares for State Furnished Materials will be deducted from the State's total lump sum construction cost share. 8. State Cost and Payment by the State 8.1. State Cost. $2,216,637.00 is the State's full and complete lump sum cost for the new signal system,grading, bituminous pavement,retaining walls,ADA improvements and trail under Trunk Highway No. 13 construction less State Furnished Materials cost($25,363.00)and associated construction engineering. 8.2. Construction Engineering Costs. A construction engineering charge in the amount of$52,000.00 is included in State's total cost in Article 8.1. 8.3. Conditions of Payment. The State will pay the City of Savage the full and complete lump sum amount or the total cost of the contract construction as shown in the awarded contract bid document plus an 8 percent construction engineering cost share, and less the State furnished materials,whichever amount is smaller, after the following conditions have been met: A. Encumbrance by the State of the State's full and complete State funded lump sum cost share. B. Approval by the State's Land Management Director at St.Paul of certified documentation, submitted by the Cities of Savage and Prior Lake,for all right-of-way and easement acquisitions required for the contract construction. C. Execution of this Agreement and transmittal to the Cities of Savage and Prior Lake, including a letter advising of the State's concurrence in the award of the construction contract. D. The State's receipt of a written request from the City of Savage for the advancement of funds. The request will include certification by the Cities of Savage and Prior Lake that all necessary parties have executed the construction contract. 8.4. Limitations of State Payment;No State Payment to Contractor The State's participation in the contract construction is limited to the lump sum amount shown in Article 8.1, and the State's participation will not change except by a mutually agreed written amendment to this Agreement. The State's payment obligation extends only to the City of Savage. The City of Savage's contractor is not intended to be and will not be deemed to be a third party beneficiary of this Agreement. The City of Savage's contractor will have no right to receive payment from the State. The State will have no responsibility for claims asserted against the City of Savage by the City of Savage's contractor. 9. 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. 9.1. 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 -9- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 9.2. The City of Savage's Authorized Representative will be: Name/Title: John Powell,City of Savage Engineer (or successor) Address: 13770 Dakota Avenue, Savage,MN 55378 Telephone: (952) 882-2672 E-Mail: jpowell@ci.savage.mn.us 9.3. The City of Prior Lake's Authorized Representative will be: Name/Title: Larry Poppler,City of Prior Lake Engineer/Inspections Director (or successor) Address: 4646 Dakota Street SE,Prior Lake, MN 55372 Telephone: (952)447-9832 E-Mail: 1poppler@cityofpriorlake.com 10. Assignment; Amendments; Waiver; Contract Complete 10.1.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. 10.2.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. 10.3. 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. 10.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, Savage and Prior Lake.No other understanding regarding this Agreement,whether written or oral,may be used to bind either party. 11. Liability;Worker Compensation Claims; Insurance 11.1. 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. The City of Savage and Prior Lake will indemnify,hold harmless, and defend(to the extent permitted by the Minnesota Attorney General)the State against any claims, causes of actions, damages,costs(including reasonable attorneys fees), and expenses arising in connection with the project covered by this Agreement,regardless of whether such claims are asserted by the City of Savage's contractor(s)or consultant(s)or by a third party because of an act or omission by the City of Savage or its contractor(s)or consultant(s). 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 of Savage and Prior Lake. 11.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 11.3. The City of Savage may require its contractor to carry insurance to cover claims for damages asserted against the City of Savage's contractor. 12. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. -10- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 13. State Audits Under Minnesota Statutes § 16C.05, subdivision 5,the Cities of Savage and Prior Lake'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. 14. Government Data Practices The Cities of Savage,Prior Lake 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 Cities of Savage and Prior Lake 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 Cities of Savage,Prior Lake or the State. 15. 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. 16. Termination; Suspension 16.1. By Mutual Agreement.This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 16.2. 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 payment of the services covered here.Termination must be by written or fax notice to the City of Savage. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However,the City of Savage will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature,or other funding source,not to appropriate funds. 16.3.Suspension. In the event of a total or partial government shutdown,the State may suspend this Agreement and all work, activities,performance and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non-payment. 17. 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 intentionally left blank] -11- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Recommended for Approval: Signed: By: (District Engineer) Date: Date: SWIFT Purchase Order: 3000240848 Approved: CITY OF SAVAGE By: (State Design Engineer) The undersigned certify that they have lawfully Date: executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: COMMISSIONER OF ADMINISTRATION Title: By: Date: (With delegated authority) Date: By: Title: Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. -12- Payable Lump Sum(Municipal Agreements) MnDOT Contract No: 04845 CITY OF PRIOR LAKE The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: Title: Date: By: Title: Date: -13- Payable Lump Sum(Municipal Agreements) Exhibit A Turn-Back and Turn-up -111 CI Qe9 tis f Q�7o (1)&'770 % AO S i � .. \'. .may i zoia..- sem A•Zg �.rs"'� \ ��em\_. Qe47: 14, 6:1,.... iit----<-: ... ---..._..,:-_ -------:,,,-,----- ---,---,-;-..... — „_____.... .,..... .-;--..,7- .-';'::-.7:::)61' ,A 1 I 71 S P \� Vij, e'• '9/ ---\\ i F/ >,7- \ G -, 9 s Exhibit B -Basin Split , 5' c'',, ,....t, ., n i 'or , i, .. , /..4,4, 'k ,, , ' It;ii,,,.1,,^T,,,, ,,' ,1, ( f i 64, i, .,,40144,4°.„., ,..e.' 4 ' • ''' y°, C4.4.I, )4 ••i ip ' . '. ' ' , k" ''` 4...WV ' ,'.54;*'''''47' 4.':4''-- . 4••••"""•' :"7:Lyr ',.;*..-,..)t":, ..i.L - #r••4•**, IL,[!.,-'.,••*4) ***'' :**7*-1 ••••,*L;'.;*L.:- ..„; '' ; ' J: ; '''L'• r • 'I *7'0-. '4 'W.%."'t , ..4'N '' '4:' ''41:17. ''' \ .'• 'I' r ',': 1 ' '' ''' '.' 4.',4' ef'1,1('''''''• 4 .' ''' 11:' ' ' 1 ' t 4,'" ." 4 '4., ', ..'' , 4.',.- .3 . 4''' N'L. , ,o‘4 '' ''"' •..,'A p ., . '4 'w'44 A V '41.fil. 4 4-4 4, : , ',I: ' . 4 '4/4.', •'44 .4 '''..,;;,. ' . 4 ' .. ' . ...1" ; 11 • '" • ,,„„„1.„B„,,r.Lafra="1--•".""•Z ' '..S.' i;;;;*•:." ,••L.•-•'••.. *L'"," ":*; ••‘' •CV:;-4.- 6 : - J . -:,A ,....:„ .--`,' .1-,., - I .. ,,,,-, ,..,.•..- ...,.. -. . . ... :. .,. 4:- , ;.;.,1.,": ,'I c t •e . GLASCOW TRL --.• , ' ' IA,' 1 • -..M,.,..,.' i's, \.‘ ' - '''. . . - 4 '' ''' ..' ''6> '1' ,c,r\0 •:-' ,6'.? •, •-,114. , i-.,, ix, .,,, . Prior Lake 150th Stmet BiollitrMlon Basin MnDOT Prior Lake Savage Total ,, ::, ,... .„ ; ;• xlitjj. -'Ll f ' ;• V,'-','S- ::., iil .. • I ,.,. ,,, ,1 •• -1 ' Impervious Area within Construction Limits,sf 55080 55080 I. ry ..• ;,•.L I Impervious Area CN 98 98 •r r • • 'C • •A r,rt 4Z!4 ' 41 -1.1' . ..- I ,/4 , „,...ee, .0 ..?....ki , , Pervious Area within Construction Limits,sf 41731 21218 62949 I;* ' '' •; ..• , I \' —elit'' .!Ail) pervlous Area CN 61 61 r, Area Outside Construction Limits,sf 0 0 0 . 411':1' - •I 11'**-** *..w '4**L.:••:Li.01".'*, r„....,'1*".;-.s•:: ri..,-r_.,.. J ., l - ..---,-.... Savage 150th Street East Diet titration Basin mnoor Prior Lake Savage Total 1 • , 3..., Composite CN by Landuse - • ';;;: % "-- . Total Area,sf 96811 21218 118029 IL • ' ';;;•,.•”" ,,\•••' ;„.?.., • -' - X , Impervious Area within Construction Umits;af6346 19106 25452 , 'L,,"-i*/i "•1 q't'LL•••'• Total Area x CN 7943431 12942989237729 ,,,„ ' • "•""•••••A • • A , • ,,,. ,,,. Impervious Area CN 65515 98 I 24145 30720 **/ '*,•/ . "*"'";• Fraction of Contributing Drainage 86% 14% 10096 „-' , ,,,,,,, '' ,fr• Pervious Area within Construction Limits,---sf , AL /r."r / ••"'• i 61 61 I , ,,,,,-•.'";')..-'7,117:001*.• ....', -•,;,, • ,, Pervious Area;CN ? , 4 Area Outside Construction Limits,sf _ . 30101 30101 1 .4.*, . ,:rs, :,.,4, , '",‘,;,,,. , .,.• .r.,,,.. , •, .... , .,. , ' ,. • ,'''' '' • ' " CN Outside Construction Limits ,,-• x Of' . y • „..„ ; 58 •-• . . , c... • ' '' • ...:-t; I ' • '.•;;;',"(r, "..."".. i, ToiaiAreasi‘x •' ••2-;!: ''•• '•,'-•, '"•;i1 ' . .. • . - - .. *- '* '..' —14' I • -"*,;: ' ';'''' ' • Os*\•• j• ", " ,1 \ Total Area x CN /' **'*; • •• % •* •L'' • '• ' ' 1 1, ' r• .•••"-, ,..."' ••• x ,-.• ,;. ,. 1;.• ..., i Fraction to/Contributing Drainage 12921 1022983 1796 73352 86273 5091091 6114074 ; 83% 10096 I -'•- s ,•• ,•,r. , .- •••• •. .4-.77'i.,..1 "-' x . `X:, r'',%"W'. x,;?..c.47-4‘1;IL;."/11'f•L-L. r.• :4,. ' ,r.', : • - •c '''•-• -; ,a,ti - ,,,...:. 0"—c ,,..- if,*•V, f ,.,,,,,-‘ ",A 1 J. :'.1'')' '1 144 `,.,..7.At ‘,. k 4-4.4 . 1-.'l'-' '1 i 1..;;;,:i.— :,,-,„.,;°.i'.'.',.,l',,•:!:.. , It. .Vii., '.13' ...ri .,,'' -." '.... ';. tri0 . • . . .., . .,. ,. 4f' If 4 711, .-i. 77*,t'. ' ',/ • . , ;.,.. ,,,, ..,-„ .-•; : -.:. ...., . ,., I ,,, .en:-,- . s•-' ".,1Nr 4 l• • ".".4 ''1.1F ' . \ 0 . ' '41 i )/ "..2. .1 ', 1.,-'.',.. r--,,f;:.-:•":'' ''' ' •,' . . - _ _ ' ''I- .,. •'' ,. ';,:i•'-r-1 ' .' •• ger;- • e , , ,.. , ‘ ,, • • , * ....0,,-- ••1 . y, ,. 11 Savage 150th Street West Biollitration 8 min MnOOT s• Prior lake Savage Total a. ''.1:r j •.• '. l''4‘..:'-` .• : '' . • ' .,"'.•;:- * • •••*.' ,i" i Impervious Area within Construction UmIts,sf 32334 7898 40232 Legend imp -el AeaCN 98 98 ''. ' . ,' ' ''' . ,' ' ' .. . :: 'L.4",,LL *1' * *. "**• ";:i4,6*ik,,k,,,,s •• /•,1 Pervious Area within Construction Limits,sf 21220 17433 38653 ." - . •I „A il Pervious Area CN 61 61 Direct Drainage Area • . ., tt• . i Area uOtumtdsiedceoCno,ntisutructicontioinimLIMitsits,sf ii?I 4 A. . I o Total Area,ci 53554 4463152 306683 306683 •.1 T,••:, r---1 70 332014 385568 .' '' 23305227 27768379 , i......_ ConstructionLimits __Ii __, 5 • ,•• , •J / 1 - Total Area x CN I- I Proposed Impervious ' _.•, 16% MIK 10096 • - ,-• , , Fraction a/Contributing Drainage . I. :;': i,,' „ ,.... I , .` V '7''" :,'.: "" . 'f.,• Agency s '-',,,,.. s. :.• , et:. „Al -(:- ".... I:,' i City of Prior Lake '. . ' • :: '''.':'-71 . ' ••1 - I, , i. . • I I [ 1 City of Savage • I . cs,;., '' • ii 1. I I MnDOT -4.-'''••••• ' ''''. ''''..' ',' '',,r--'p h "If? '' • ' -,, i l' ,,V7 :PA ' '-' , ..;","' 211 i , ' '-.. • - ,it e 3535 VADNAIS CENTER OR Prol•Cl.PRIOR 127031 Print Date.5/20/2015 DRAINAGE COST SPLIT ANALYSIS BY CONTRIBUTING AREA it ST PAUL,MN 55110 TH 13/150th St Intersection Reconstruction Figure PHONE M51)490-2000 U.h ,.......... . FAX MB)908,166 :VV."' S.P.7001-1 04(TH 13),SAP.201-105-008 1 SEH IF MOO)325-2055 vmw sehMo um Prior Lake, Minnesota ttrz..m..z.z...vi,[...:.==----------"-"..4"------------