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HomeMy WebLinkAbout5G MNDOT TH13 Trail Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 19, 2018 AGENDA #: 5G PREPARED BY: JASON WEDEL, PUBLIC WORKS DIRECTOR/CITY ENGINEER PRESENTED BY: JASON WEDEL AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A LIMITED USE PERMIT AND A COOP- ERATIVE CONSTRUCTION AGREEMENT WITH THE STATE OF MINNE- SOTA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A NON-MOTORIZED RECREATIONAL TRAIL ALONG TH13, CITY PRO- JECT #TRN 19-000002 GOAL AREA AND OBJECTIVE: DISCUSSION: Transportation & Mobility 1. Integrate trails to link neighborhoods with city and regional assets. Introduction The City Council is being asked to authorize a Limited Use Permit (LUP) with the State of Minnesota Department of Transportation for the construction of a non- motorized recreational trail along TH13 from Five Hawks Avenue to Anna Trail. This permit is necessary to construct and maintain the trail within State right-of- way. In addition, the City Council is also being asked to approve a Cooperative Construction Agreement with MnDOT for the City’s cost participation related to the construction of the trail. History MnDOT is reclaiming TH13 from County Road 21 south to County Road 282 in 2019. A full depth reclamation project involves full replacement of the existing pavement and medians. In addition, MnDOT will be installing a new traffic signal at the intersection of TH13 and CR12 (170th Street) and constructing a new pe- destrian trail along the west side of TH13 from Five Hawks Avenue north to Anna Trail. The construction of the trail was added to the project at the request of the City. On February 20, 2018, the City Council discussed the addition of the trail at a work session. The addition of the trail is consistent with the City’s goal of completing gaps in the existing trail network whenever possible in combination with road pro- jects. The trail will be constructed as part of the TH13 project and MnDOT will fund a significant portion of the trail cost. The City’s portion of the trail cost will be funded from the City’s Park Dedication Fund. Based on this information staff was directed to move forward with the addition of the trail. At the City Council meeting on September 4, 2018, the City Council approved a resolution authorizing the City Engineer to approve the plans for the TH13 Recla- mation Improvement Project (City Project #TRN19-000002). Those plans in- cluded the construction of the pedestrian trail. 2 Current Circumstances The TH13 Reclamation project will soon be advertised for bids. Prior to MnDOT awarding a contract it is necessary for the City and MnDOT to enter into both a Limited Use Permit for the construction and maintenance of the pedestrian trail within the TH13 right-of-way and a Cooperative Construction Agreement for the City’s cost participation in the construction of the trail. Conclusion Staff recommends approval of both the Limited Use Permit and the Cooperative Construction Agreement as shown in the attached resolutions. ISSUES: The Limited Use Permit and Cooperative Construction Agreement are standard documents which are required by MnDOT anytime City owned infrastructure is constructed within their right-of-way. The LUP will be subject to renewal by MnDOT every 10 years. This is standard protocol for MnDOT that provides them with the flexibility to expand roadways in the future if necessary. It is not antici- pated that TH13 will be expanded in the foreseeable future and I do not antici- pate any issues with future renewal of the permit. This LUP also includes segments of the trail along TH13 that are being con- structed this year as well as segments that were previously constructed. Specifi- cally, the new segment at the intersection of TH13 and CSAH 42 and the existing segment of trail from County Road 12 to Five Hawks Avenue. A LUP was never prepared for those segments of trail so they are being included in the current agreement. FINANCIAL IMPACT: The trail will be owned and maintained by the City, similar to the segment of trail that was constructed in 2016 as part of the TH13 & 150th Street project. The es- timated cost of the trail presented at the City Council work session was broken down as follows: City (40%) $195,200 MnDOT (60%) $292,800 Total $488.000 Now that the construction plans have been completed a more detailed construc- tion estimate has been prepared. The updated estimated construction cost is as follows: City (40%) $164,468.28 MnDOT (60%) $246,702.42 Total $411,170.70 In addition to the construction cost, the City is also responsible for $2,150 in util- ity work that is required for the trail project as well as $13,329.46 for the City’s portion of the engineering costs. The City’s total cost is $164,468.28 + $2,1500 + $13,329.46 = $179,947.74 Once the project is bid, MnDOT will update the City’s costs based on construc- tion contract prices. An Initial payment from the City to MnDOT will occur after 3 the project is bid and will likely occur in January 2019. Once the project is com- plete a final construction cost will be determined. If the City over paid, a refund will be provided to the City. Conversely, if the City underpaid then MnDOT will request the additional funds at the end of the project. Funding for this project will be from the City’s Park Dedication Fund 225. ALTERNATIVES: 1.Approve two resolutions as part of the consent agenda. a.Consider Approval of a Resolution Authorizing a Limited Use Permit with the State of Minnesota Department of Transportation for the con-struction of a non-motorized recreational trail along TH13 from Five Hawks Avenue to Anna Trail, City Project #TRN 19-000002. b.Consider Approval of a Resolution Authorizing a Cooperative Con- struction Agreement with the State of Minnesota Department of Transportation for the construction of a non-motorized recreational trail along TH 13 from Five Hawks Avenue to Anna Trail, City Project TRN 19-000002.. 2.Remove this item from the consent agenda for further discussion. RECOMMENDED MOTION: ATTACHMENTS Alternative #1a and b. 1.Trail Exhibit 2.Limited Use Permit 3.Cooperative Construction Agreement RESOLUTION NO ____ CITY OF PRIOR LAKE LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A NON-MOTORIZED RECREATIONAL TRAIL IN THE RIGHT-OF-WAY OF TRUNK HIGHWAY 13 FROM FIVE HAWKS AVENUE TO ANNA TRAIL WHEREAS, the City of Prior Lake is a political subdivision, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Prior Lake has approved a plan to construct a non-motorized recreational trail in the right-of way of Trunk Highway 13 to promote the orderly and safe crossing of the highway; and, WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Prior Lake hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a non-motorized recreational trail within the right- of- way of Trunk Highway 13 (TH 13 = 117) of the State of Minnesota between Five Hawks Avenue and Anna Trail. The City of Prior Lake shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized to execute the Limited Use Permit and any amendments to the Permit. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Prior Lake at an authorized meeting held on the 19th day of November, 2018, as shown by the minutes of the meeting in my possession. (Signature) Frank Boyles (Type or Print Name) City Manager (Title) Subscribed and sworn to before me this 19th day of November 2018 Notary Public Ann Schroeder My Commission Expires 01.31.21 NOTARY STAMP CITY OF PRIOR LAKE RESOLUTION NO. 18-____ IT IS RESOLVED that the City of Prior Lake enter into MnDOT Agreement No. 1031901 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 the costs of the non- motorized recreational trail construction, utility adjustment, and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 13 from Five Hawks Avenue to Anna Trail within the corporate City limits under State Project No. 7001-115 and State Aid Project No. 201-010-005. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Prior Lake at an authorized meeting held on the 19 day of November, 2018, as shown by the minutes of the meeting in my possession. (Signature) df Frank Boyles (Type or Print Name) City Manager (Title) Subscribed and sworn to before me this 19th day of November 2018 Notary Public Ann Schroeder My Commission Expires 01.31.21 NOTARY STAMP LUP – Standardized LUP Form Page 1 of 6 LU1001 11/19/2018 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 7001 (T.H. 13) County of Scott LUP # 7001-0021 Permittee: City of Prior Lake Expiration Date: 01/05/2028 In accordance with Minnesota Statutes Section 161.434 , the State of Minnesota, through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City of Prior Lake, (“Permittee”), to use the area within the right of way of Trunk Highway No. 13 as shown in green and red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Recreational Trail The Permittee's use of the Area is limited to only the maintaining and operating the trail shown in green and the maintaining and operating a nonmotorized recreational trail ("Facility") as shown in red and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 01/05/2028 (“Expiration Date”) subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT’s sole determination, LUP – Standardized LUP Form Page 2 of 6 LU1001 11/19/2018 modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee’s use of the Facility and Area for the additional term. If Permittee’s written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. MnDOT will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, MnDOT will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, MnDOT shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. LUP – Standardized LUP Form Page 3 of 6 LU1001 11/19/2018 The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local o rdinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT’s invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are LUP – Standardized LUP Form Page 4 of 6 LU1001 11/19/2018 constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income - level, or limited English proficiency will be excl uded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State’s right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement o r any amendment or supplement thereto. 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: and to MnDOT at: City of Prior Lake State of Minnesota City Hall Department of Transportation 4646 Dakota St. SE Metro District Right of Way Prior Lake, MN 55372-1714 1500 W. County Road B2 Roseville, MN 55113 LUP – Standardized LUP Form Page 5 of 6 LU1001 11/19/2018 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or damage is caused in part by the negligence of State of Minnesota or is deemed to be the responsibility of State of Minnesota because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person. (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished ; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP – Standardized LUP Form Page 6 of 6 LU1001 11/19/2018 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF PRIOR LAKE By___________________________ Its__________________________ Date___________________________ And___________________________ Its____________________________ Date___________________________ By:____________________________ Date___________________________ APPROVED BY: COMMISSIONER OF TRANSPORTATION By:_______________________________ Director, Office of Land Management Date______________________________ The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. ? ?? 1190 1195 1200170TH ST SWCSAH 121:18 12' SHLD 12' 12' LTL 14' 12' SHLD 1:151:15 1:55 12' SHLD 12' SHLD 14' 14' 12' SHLD PERIMETER 30 FTREM 35 SF AREA 15 SF AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' PERIMETER 30 FT REM 35 SFAREA 15 SF PERIMETER 30 FT REM 35 SF AREA 15 SF PERIMETER 30 FTREM 35 SF AREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT REM 35 SF AREA 15 SF PERIMETER 30 FTREM 35 SF AREA 15 SF AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' INPLACE R/W INPLACE R/W TURNER DR SW 12' RTL 12' RTL 1:15 1:15 12' SHLD 16' 14' 14' 14' TH 13 SB TH 13 NB 1205 1210 14' 12' SHLD 12' 14' 14' 12' SHLD AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' PERIMETER 30 FTREM 35 SF AREA 15 SFPERIMETER 30 FT REM 35 SF AREA 15 SF PERIMETER 30 FTREM 35 SF AREA 15 SF PERIMETER 30 FT REM 35 SF AREA 15 SFPERIMETER 30 FT REM 35 SFAREA 15 SF AREA = 15 SQ'REM = 48 SQ ' PERIMETER = 30 'PERIMETER 30 FT REM 35 SFAREA 15 SF AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' INPLACE R/W INPLACE R/W12' 1:15 1:15 12' SHLD 12' SHLD 14' LTL 12' RTL 14' 12' RTL VI LLAGE LK DRTH 13 SB TH 13 NB 12' SHLD 14' SHEET OF REV. NO.DATE BY CHK DESCRIPTION PLOT DRIVER: PEN TABLE: USER: MODEL: FILE:PLOT DATE:bspanierDefaultS:\PROJECTS\TRANS\0039_MnDOT\T-00667\Road_Design\Sheets\Bolton_Menk\Const\cd7001115_cpB008.dgn1:28:18 PM7/20/2018T-00667_planset.tblpdf_bw_11x17only.pltcfg399 DESIGNED DRAWN CHECKED DATELIC. NO.NAME FEETSCALE 500 100 ™ THE LAWS OF THE STATE OF MINNESOTA. SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS SHEET WAS PREPARED BY ME OR UNDER MY DIRECT S.P. 7001-115 (TH 13), S.A.P. 201-010-005 LEGEND CONSTRUCTION AREAS ROADWAY EMBANKMENT RECLAIM/PAVE ROADWAY AREA BITUMINOUS TRAIL 4" CONCRETE WALK 6" CONCRETE WALK SUPERELEVATION TRANSITION 8" AGGREGATE SURFACE CLASS 2 DRIVEWAY 6" CONCRETE DRIVEWAY PAVEMENT BITUMINOUS PATCHING MIXTURE 1.5" MILL & OVERLAY PAVED ENTRANCE AREA PLATE NO. 7113. CONSTRUCT MEDIAN NOSE DESIGN STANDARD THE START OF FULL HEIGHT CURB. PARTIAL STATIONING FOR ALL MEDIAN NOSES IS DIMENSIONS ARE TO FACE OF CURB. WHEN CURB IS PRESENT, LANE AND SHOULDER SPECIFIC NOTES 1 GENERAL NOTES MATCH INPLACE CROSS SLOPES (FIELD VERIFY). CROSS SLOPES REPRESENT FT/FT.MATCH LINE STA. 1187+75.00MATCH LINE STA. 1202+00.00MATCH LINE STA. 1202+00.00MATCH LINE STA. 1214+75.00136 SENSITIVE AREA CULTURALLY SENSITIVE AREA CULTURALLY SENSITIVE AREA CULTURALLY SENSITIVE AREA CULTURALLY 7/20/2018 CONST LIMIT CONST LIMIT CONST LIMIT CONST LIMIT CONST LIMIT TH13{ TH13{ 1 BEGIN MEDIAN +47 D424 C & G CONSTRUCT 50' B624 C & G CONSTRUCT 63' B624 C & G BEGIN TAPER +60 END TAPER +40 AREA OF ENVIRONMENTAL SENSITIVITY 1.5' AGG SHLD 1.5' AGG SHLD1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD SEE DRAINAGE PLANS DITCH RESTORATION 1 CONSTRUCT 58' B624 C & G CONSTRUCT 57' B624 C & G INFORMATION FOR CSAH 12 MEDIAN SEE STAGING PLANS FOR ADDITIONAL CONSTRUCTION PLAN JUSTIN SCHMIDT 48755 JPS LLK JPS ? ? 1215 1220 1225 0 5 CREEKSIDE CIR SEPANAMA AVEAVE SEFIVE HAWKS12' RTL 14' LTL 14' 14' LTL 12' SHLD AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' AREA = 15 SQ'REM = 48 SQ ' PERIMETER = 30 ' PERIMETER 30 FT REM 35 SF AREA 15 SFPERIMETER 30 FTREM 35 SFAREA 15 SFPERIMETER 30 FT REM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT REM 35 SF AREA 15 SF PERIMETER 30 FT REM 35 SF AREA 15 SF AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' PERIMETER 30 FT REM 35 SF AREA 15 SF AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' PERIMETER 30 FT REM 35 SFAREA 15 SFINPLACE R/W INPLACE R/W 12' 1:10 12' RTL 1:18 12'12' 1:18 1:12 12' RTL 14' LTL 12' RTL 14' LTL 14' 12' SHLD 12' SHLD 12' 12' RTL 12' TH 13 SB TH 13 NB ? 0.015 0.00 0.029 0.0290.015 1230 1235 1240 1335 1340 10 15 1235 1240 14' LTL 1:15 12' RTL 14' 1:15 12' SHLD AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' AREA = 15 SQ' REM = 48 SQ 'PERIMETER = 30 ' AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' PERIMETER 30 FTREM 35 SF AREA 15 SFPERIMETER 30 FT REM 35 SFAREA 15 SF PERIMETER 30 FTREM 35 SFAREA 15 SFAREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT REM 35 SF AREA 15 SF PERIMETER 30 FT REM 35 SF AREA 15 SF AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FTREM 35 SF AREA 15 SF AREA = 15 SQ' REM = 48 SQ ' PERIMETER = 30 ' INPLACE R/W INPLACE R/W ANNA TRAIL SE 1:15 12' RTL 12' RTL 12' 12' 1:15 14' LTL 14' 14' LTL 12' SHLD 12' SHLD 12' RTL 12' 12' RTL 12' TH 13 AVE SEAVE SEDULUTHTH 13 SB TH 13 NB DULUTHMAPLEWOODST SESHEET OF REV. NO.DATE BY CHK DESCRIPTION PLOT DRIVER: PEN TABLE: USER: MODEL: FILE:PLOT DATE:bspanierDefaultS:\PROJECTS\TRANS\0039_MnDOT\T-00667\Road_Design\Sheets\Bolton_Menk\Const\cd7001115_cpB009.dgn1:28:20 PM7/20/2018T-00667_planset.tblpdf_bw_11x17only.pltcfg399 DESIGNED DRAWN CHECKED DATELIC. NO.NAME FEETSCALE 500 100 ™ THE LAWS OF THE STATE OF MINNESOTA. SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS SHEET WAS PREPARED BY ME OR UNDER MY DIRECT S.P. 7001-115 (TH 13), S.A.P. 201-010-005 LEGEND CONSTRUCTION AREAS ROADWAY EMBANKMENT RECLAIM/PAVE ROADWAY AREA BITUMINOUS TRAIL 4" CONCRETE WALK 6" CONCRETE WALK SUPERELEVATION TRANSITION 8" AGGREGATE SURFACE CLASS 2 DRIVEWAY 6" CONCRETE DRIVEWAY PAVEMENT BITUMINOUS PATCHING MIXTURE 1.5" MILL & OVERLAY PAVED ENTRANCE AREA GENERAL NOTES MATCH INPLACE CROSS SLOPES (FIELD VERIFY). CROSS SLOPES REPRESENT FT/FT. PLATE NO. 7113. CONSTRUCT MEDIAN NOSE DESIGN STANDARD THE START OF FULL HEIGHT CURB. PARTIAL STATIONING FOR ALL MEDIAN NOSES IS DIMENSIONS ARE TO FACE OF CURB. WHEN CURB IS PRESENT, LANE AND SHOULDER SPECIFIC NOTES 1 TH13{ TH13 SB{ TH13 NB{ OTHERS IN 2018 CONSTRUCTED BY DULUTH AVE TO BE T.H. 13 N.B., STA. 1233+06.13, 12' RT T.H. 13 S.B., STA. 1333+06.13, 12' LT T.H. 13, STA 1233+06.13= TH13{ 137 SENSITIVE AREA CULTURALLY 7/20/2018 CONST LIMIT CONST LIMIT CONST LIMIT CONST LIMIT 1 1 BEGIN MEDIAN +19 BEGIN MEDIAN +33 BEGIN MEDIAN +48 END MEDIAN +26 D424 C & G D424 C & G D424 C & G D424 C & G BEGIN TAPER +81 END TAPER +47 NB ALIGN BEGIN TAPER +00 NB ALIGN END TAPER +81 CONSTRUCT 43' B618 C & G CONSTRUCT 29' B618 C & G END TREATMENT-TANGENT TERMINAL. END PLATE BEAM GUARD RAIL.38 LT+62.538 LT+62.538 LT+8838 LT+38 TRAIL{ TRAIL{ B618 C & G CONSTRUCT 43'MATCH LINE STA. 1214+75.00MATCH LINE STA. 1227+00.00MATCH LINE STA. 1227+00.00MATCH LINE STA. 1241+25.00(10 TOTAL) 2565.602 RIGID PVC LOOP DETECTOR 6'X6' REPLACE LOOP DETECTORS SENSITIVITY ENVIRONMENTAL AREA OF SENSITIVITY ENVIRONMENTAL AREA OF SENSITIVITY ENVIRONMENTAL AREA OF 1.5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 4' AGG SHLD 4' AGG SHLD 5' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD 4' AGG SHLD AREA OF ENVIRONMENTAL SENSITIVITY 4' AGG SHLD 4' AGG SHLD ANCHORAGE ASSEMBLY PLATE BEAM. BEGIN PLATE BEAM GUARD RAIL TYPE 31. TRAIL STA 0+00.00 BEGIN S.A.P. 201-010-005 T.E. CONSTRUCTION PLAN JUSTIN SCHMIDT 48755 JPS LLK JPS STA 8+71 BEGIN FENCE STA 8+85 TO STA 9+70 REINFORCED SOIL SLOPE 45 DEGREE STA 9+96 END FENCE T.E.EXISTING 10' P.E. NB ALIGN BEGIN SHLD PI TAPER +00 NB ALIGN END TURN LANE TAPER END SHLD PI TAPER +00 NB ALIGN BEGIN TURN LANE TAPER +00AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 ' PERIMETER 30 FTREM 35 SFAREA 15 SF AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 ' AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FTREM 35 SFAREA 15 SF AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 ' 1245 1250 1255 1345 1350 1355 25 1245 1250 1255 1:15 1 4' 12' SHLD FRANKLIN TRAIL SE PERIMETER 30 FT REM 35 SFAREA 15 SF PERIMETER 30 FT REM 35 SF AREA 15 SF PERIMETER 30 FT REM 35 SFAREA 15 SF AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'PERIMETER 30 FT REM 35 SFAREA 15 SFPERIMETER 30 FTREM 35 SFAREA 15 SFINPLACE R/W INPLACE R /W 12' RTL 12' 12' 12' RTL 14' LTL 14' 14' 12' SHLD TH 13 NB TH 13 SB ANN A TRAIL SE AREA = 15 SQ'REM = 48 SQ 'PERIMETER = 30 'SHEET OF REV. NO.DATE BY CHK DESCRIPTION PLOT DRIVER: PEN TABLE: USER: MODEL: FILE:PLOT DATE:bspanierDefaultS:\PROJECTS\TRANS\0039_MnDOT\T-00667\Road_Design\Sheets\Bolton_Menk\Const\cd7001115_cpB010.dgn1:28:21 PM7/20/2018T-00667_planset.tblpdf_bw_11x17only.pltcfg399 DESIGNED DRAWN CHECKED DATELIC. NO.NAME FEETSCALE 500 100 ™ THE LAWS OF THE STATE OF MINNESOTA. SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS SHEET WAS PREPARED BY ME OR UNDER MY DIRECT S.P. 7001-115 (TH 13), S.A.P. 201-010-005 LEGEND CONSTRUCTION AREAS ROADWAY EMBANKMENT RECLAIM/PAVE ROADWAY AREA BITUMINOUS TRAIL 4" CONCRETE WALK 6" CONCRETE WALK SUPERELEVATION TRANSITION 8" AGGREGATE SURFACE CLASS 2 DRIVEWAY 6" CONCRETE DRIVEWAY PAVEMENT BITUMINOUS PATCHING MIXTURE 1.5" MILL & OVERLAY PAVED ENTRANCE AREA PLATE NO. 7113. CONSTRUCT MEDIAN NOSE DESIGN STANDARD THE START OF FULL HEIGHT CURB. PARTIAL STATIONING FOR ALL MEDIAN NOSES IS DIMENSIONS ARE TO FACE OF CURB. WHEN CURB IS PRESENT, LANE AND SHOULDER SPECIFIC NOTES 1 GENERAL NOTES MATCH INPLACE CROSS SLOPES (FIELD VERIFY). CROSS SLOPES REPRESENT FT/FT. TH13 SB{ TH13 NB{ 138 TRAIL 7/20/2018 CONST LIMIT CONST LIMIT 1 D424 C & G NB ALIGN END MEDIAN +97 B618 C & G CONSTRUCT 30'MATCH LINE STA. 1241+25.00SENSITIVITY ENVIRONMENTAL AREA OF SENSITIVITY ENVIRONMENTAL AREA OF SENSITIVITY ENVIRONMENTAL AREA OF SENSITIVITY ENVIRONMENTAL AREA OF CONSTRUCTION PLAN & PROFILES JUSTIN SCHMIDT 48755 JPS LLK JPS 4' AGG SHLD 4' AGG SHLD 1.5' AGG SHLD 1.5' AGG SHLD END S.P. 7001-115 (TH 13) TH 13 NB STA 1250+05.25 TRAIL STA 27+04.16 END S.A.P. 201-010-005 SUBSTATION GATE MH MHMHD I MH MHMH D I DIMH4005+001005+00310+00 315+00 320+00 310+00 315+00 320+00 70+0071+00 72+00 73+00 50+00 5 1+00 60 + 00 61+0062+00510+00 REVISIONSNO.DATE BY CHK Plan By: Design By: Checked By: Approved By: DATE:LIC. NO:19103 THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER CERTIFIED BY SHEET Date Printed:WSB Filename:8/21/2017K:\01557-060\Cad\Plan\155706_cp05.dgn LICENSED PROFESSIONAL ENGINEER - DONALD W. STERNA, P.E. OF THE ROADWAY PLAN SCOTT COUNTY, MINNESOTA 8/21/17 Minneapolis, MN 55146 701 Xenia Avenue South, Suite 300 wsbeng.com Tel: (763)541 4800 Fax: (763)541 1700.. CSAH 42 Improvements Boone Avenue to Allen Blvd Scott County, Minnesota CSAH 42 S.A.P. 070-642-024 / S.P. 7001-107 (TH 13)DWS DMK DWS CWK LEGEND NOTES: 0 50 FT 100 FT STA 308+00 EB TO STA 320+00 EB CONSTRUCTION PLAN 5.05 CSAH 42 (140th Street NE / Egan Drive) 14160 HWY 13 S BRE RETAIL RESIDUAL OWNER 4 LL 14185 HWY 13 S STERLING STATE BANK 14033 COMMERCE AVE NE WILDS POINTE VENTURES LLC 7611 EGAN DR NEARCO 3 LLC & C/O WENDYS/FOU 14070 COMMERCE AVE NE DUNLOP HOLDINGS LLC 7705 EGAN DR RIO BRAVO LLC 14065 COMMERCE AVE NE CTB PROPERTIES LLC OWNER 4 LL BRE RETAIL RESIDUAL 7629 EGAN DR PROPERTIES &CROSSINGS SAVAGE 8100 CO RD 42 TAX DEPT WALGREENS 14024 MVEC 14061 14077 1 2 3 TRANSITIONS. 5) SEE SUPERELEVATION PLAN FOR LANE LANE WIDTHS. 4) SEE SIGNING AND STRIPING PLAN FOR LIMITS OF EXISTING PAVEMENT TO REMAIN. 3) SEE MISCELLANEOUS REMOVAL PLAN FOR INFORMATION AT ROADWAY INTERSECTIONS. 2) SEE INTERSECTION DETAILS FOR ADDITIONAL OR EDGE OF BITUMINOUS. 1) ALL DIMENSIONS ARE TO FACE OF CURB CONSTRUCTION LIMITS (STAMPED, COLOR RED CONCRETE) CONCRETE WALK SPECIAL CONSTRUCT CONCRETE NOSE DESIGN 7113 SEE MISCELLANEOUS DETAILS 10' CURB TRANSITION PEDESTRIAN RAMP DETAILS PEDESTRIAN CURB RAMP, SEE 2.0" OVERLAYMATCH LINE STA 320+00MATCH LINE STA 308+003 3 3 3 3 1 1 1 1 1 1 AVENUE NE COMMERSE TRUNK HIGHWAY 13{ CSAH 42 WB { CSAH 42 EB 20' 14' 38'38' 25' 25' 14' 26' 38' 14' 26'20' 20' 14' 26' +80 +55 +38 +98 +85+75+4075'R 75'R 1:10 1:15 8'MEDIAN 8'MEDIAN +58 +12 50'R 50'R 50'R 50'R 20'R 40'R 50'R +98 1:10 26' 8'TRAIL 8'TRAIL 5'WALK 5'WALK 24'20'30'R BEGIN RECONSTRUCTION STA 314+10 EB END RECONSTRUCTION STA 313+10 EB END RECONSTRUCTION STA 313+06 WB BEGIN RECONSTRUCTION STA 314+06 WB 25' SEE RETAINING WALL PLAN STRUCTURAL WALL RETAINING WALL NO. 1 B424 C&G B424 C&G B424 C&G B424 C&G B424 C&G STA 51+35.00 BEGIN CONSTRUCTION STA 61+03.79 END CONSTRUCTION POND 3 POND 4 SHEETS 7.16 TO 7.18 SEE RETAINING WALL PLAN RETAINING WALL NO. 4 PMBW SHEET 7.15 SEE RETAINING WALL PLAN RETAINING WALL NO. 3 PMBW SHEET 7.03 SEE RETAINING WALL PLAN STRUCTURAL WALL RETAINING WALL NO. 2 MnDOT Contract No: 1031901 -1- Receivable Standard (Cooperative Agreements) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF PRIOR LAKE COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 7001-115 Estimated Amount Receivable Trunk Highway Number (T.H.): 13=117 $179,947.74 State Aid Project (S.A.P.): 201-010-005 State Aid Project (S.A.P.): 070-612-013 Federal Project Number: STPF 7019(110) This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Prior Lake acting through its City Council ("City"). Recitals 1. The State will perform grading, bituminous mill and surfacing, full depth reclamation, ultrathin bonded wearing course, ADA improvements, and traffic signals construction and other associated construction upon, along and adjacent to Trunk Highway No. 13 from Trunk Highway No. 19 to 0.3 Mile south of County State Aid Highway (C.S.A.H) No. 21 and from Five Hawks Avenue Southeast to Anna Trail Southeast and at the intersection of County State Aid Highway (C.S.A.H) No. 12 (170th Street Southwest) according to State-prepared plans, specifications and special provisions designated by the City and State as State Aid Project No. 201-010-005 and No. 070-612-013 and by the State as State Project No. 7001-115 (T.H. 13=117) ("Project"); and 2. The City has requested the State include in its Project a non-motorized recreational trail construction and utility adjustment; and 3. The City wishes to participate in the costs of the non-motorized recreational trail construction, utility adjustment, and associated construction engineering; and 4. 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; 8. Liability; Worker Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. 1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the City and State as State Aid Project No. 201-010-005 and No. 070-612-013 and by the State as State Project No. 7001-115 (T.H. 13=117) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). MnDOT Contract No: 1031901 -2- Receivable Standard (Cooperative Agreements) 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer/Public Works Director and attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids 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. 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 and change orders 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 and change orders 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. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City to be constructed hereunder that are 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 2525). B. Limited Use Permit No. 7001-0021. The City will obtain, through the District's Right-of-Way Area Manager, a Limited Use Permit to cover the City's liability responsibilities of the new 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 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. MnDOT Contract No: 1031901 -3- Receivable Standard (Cooperative Agreements) 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. Trail. Maintenance of any trail 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 and liability responsibilities will be addressed further in Limited Use Permit No. 7001-0021. 3.2. Reinforced Soil Slope. Maintenance of reinforced soil slope along Trunk Highway No. 13. Maintenance includes any maintenance activities necessary to perpetuate the reinforced soil slope in a safe, usable and aesthetically acceptable condition. 4. Basis of City Cost 4.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated City participation construction items and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. City Participation Construction. The City will participate in the following at the percentages indicated. The construction includes the City's proportionate share of item costs for mobilization, field office Type C, field laboratory Type D and traffic control. A. 40 Percent will be the City's rate of cost participation in all of the new trail construction. The construction includes, but is not limited to, those construction items tabulated on Sheets No. 2 and No. 3 of the Preliminary Schedule "I". B. 100 Percent will be the City's rate of cost participation in all of the utility adjustment construction. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 4 of the Preliminary Schedule "I". 4.3. 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. 4.4. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda and change orders 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 associated construction engineering before the completion of the contract construction. 4.5. 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. 5. City Cost and Payment by the City 5.1. City Cost. $179,947.74 is the City's estimated share of the costs of the contract construction 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. 5.2. 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: MnDOT Contract No: 1031901 -4- Receivable Standard (Cooperative Agreements) A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I". B. The City's receipt of a written request from the State for the advancement of funds. 5.3. 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. 5.4. 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. 6. 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. 6.1. The State's Authorized Representative will be: Name/Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 6.2. The City's Authorized Representative will be: Name/Title: Jason Wedel, Public Works Director/City Engineer (or successor) Address: 17073 Adelmann Street SE, Prior Lake, MN 55372 Telephone: (952) 447-9832 E-Mail: jwedel@cityofpriorlake.com 7. Assignment; Amendments; Waiver; Contract Complete 7.1. 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. 7.2. 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. 7.3. 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. 7.4. 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. MnDOT Contract No: 1031901 -5- Receivable Standard (Cooperative Agreements) 8. Liability; Worker Compensation Claims 8.1. 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. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. 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. 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. 11. 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. 12. 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. 13. Termination; Suspension 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. 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. 13.3. 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. 14. 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] MnDOT Contract No: 1031901 -6- Receivable Standard (Cooperative Agreements) INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. CITY OF PRIOR LAKE DEPARTMENT OF TRANSPORTATION Recommended for Approval: 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: (District Engineer) By: Date: Title: Approved: Date: By: (State Design Engineer) By: Date: Title: Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: CITY OF PRIOR LAKE RESOLUTION IT IS RESOLVED that the City of Prior Lake enter into MnDOT Agreement No. 1031901 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 the costs of the non-motorized recreational trail construction, utility adjustment, and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 13 from Five Hawks Avenue to Anna Trail within the corporate City limits under State Project No. 7001-115 and State Aid Project No. 201-010-005. IT IS FURTHER RESOLVED that the Mayor and the ______________________________ are (Title) authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Prior Lake at an authorized meeting held on the __________ day of ____________________, 2018, as shown by the minutes of the meeting in my possession. ____________________________________ (Signature) __________________________ Subscribed and sworn to before me this ________ day of _________________, 2018 Notary Public ________________________ My Commission Expires _______________ ____________________________________ (Type or Print Name) ____________________________________ (Title)