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HomeMy WebLinkAbout2014/05/12 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA MAY 12, 2014 (Councilmember Mavity Out) 5:30 p.m. RECONVENE LOCAL BOARD OF APPEAL & EQUALIZATION – Council Chambers Immediately following LBAE CITY COUNCIL STUDY SESSION – Council Chambers Discussion Items 1. 5 min. Future Study Session Agenda Planning – May 27, 2014 2. 45 min. Update on Trunk Highway 100 Construction Project 3. 45 min. Southwest LRT Preliminary Design Plans - Continued Discussion 5 min. Communications/Meeting Check-In (Verbal) Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting: Study Session Meeting Date: May 12, 2014 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Future Study Session Agenda Planning – May 27, 2014 RECOMMENDED ACTION: The City Council and the City Manager to set the agenda for the regularly scheduled Study Session on May 27, 2014. POLICY CONSIDERATION: Does the Council agree with the agenda as proposed? SUMMARY: At each study session approximately five minutes are set aside to discuss the next study session agenda. For this purpose, attached please find the proposed discussion items for the regularly scheduled Study Session on May 27, 2014. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Future Study Session Agenda Planning – May 27, 2014 Prepared by: Debbie Fischer, Office Assistant Approved by: Tom Harmening, City Manager Study Session Meeting of May 12, 2014 (Item No. 1) Page 2 Title: Future Study Session Agenda Planning – May 27, 2014 Study Session, May 27 (Tuesday), 2014 – 6:30 p.m. – Community Room Tentative Discussion Items 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Meadowbrook Collaborative Update – Administrative Services (30 minutes) Linda Trummer, Outreach Coordinator for Meadowbrook Collaborative, will be in attendance to provide an update to Council on its ongoing mission to meet the needs of the Meadowbrook community in the areas of health, education, safety and sustainability. 3. Southwest LRT Update – Community Development (45 minutes) An update and continued discussion of the City’s proposed response to the Met Council request for Municipal Consent for the SWLRT plans. 4. Highway 7 & Louisiana Project Update – Engineering & Community Development (45 minutes) Update on project status, schedule and budget and discussion regarding opportunity to acquire residual property at the Highway 7 & Louisiana Avenue interchange for EDA purposes. Communications/Meeting Check-In – Administrative Services (5 minutes) Time for communications between staff and Council will be set aside on every study session agenda for the purposes of information sharing. End of Meeting: 8:40 pm Reports 5. 2014 April Financial Report Meeting: Study Session Meeting Date: May 12, 2014 Discussion Item: 2 EXECUTIVE SUMMARY TITLE: Update on Trunk Highway 100 Construction Project RECOMMENDED ACTION: Review and discuss proposed Cooperative Construction Agreement, Trunk Highway 7 Detour Agreement and Traffic Control Signal Agreement with MnDOT for the reconstruction of Trunk Highway 100. These agreements have been scheduled to be brought to the May 19 Council meeting for approval. POLICY CONSIDERATION: Does the City Council have questions or concerns regarding the proposed agreements? SUMMARY: On December 3, 2012, the City Council granted municipal consent for the Highway 100 project (from 28th Street to 36th Street). Over the last year and a half the Minnesota Department of Transportation (MnDOT) has put together final design plans and specifications. The project bids will be opened in early summer; construction is scheduled to begin in late summer 2014. In preparation, MnDOT is finalizing agreements with the City of St. Louis Park and Hennepin County for various components of the construction and operation of the reconstructed corridor. MnDOT has presented the Cooperative Construction Agreement, Trunk Highway 7 Detour Agreement and Traffic Control Signal Agreement for review and approval by the City. Staff has been coordinating the language and costs associated with these agreements with MnDOT for the last two years. These agreements have been reviewed and found acceptable by the City attorney and staff. April Crockett, MnDOT Project Engineer, will be at the study session to respond to questions. FINANCIAL OR BUDGET CONSIDERATION: This is a MnDOT led project with an estimated cost of $60 million. The City’s share of the project cost is estimated by MnDOT to be $2,382,699.18. The anticipated cost will be funded by utility funds, EDA Development Funds, and Permanent Improvement Revolving Fund. MnDOT will be paying the City $14,509.69 for a detour on to local roadways during one of the construction phases. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolutions (3) Cooperative Construction Agreement 05302 T.H. 7 Detour Agreement 05501 Traffic Control Signal Agreement 05544 Prepared by: Jack Sullivan, Senior Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager Study Session Meeting of May 12, 2014 (Item No. 2) Page 2 Title: Update on Trunk Highway 100 Construction Project DISCUSSION BACKGROUND: The reconstruction of TH 100 from 28th Street to 36th Street will begin in August of 2014. In preparation, MnDOT is finalizing agreements with the City of St. Louis Park for the costs associated with the improvement requested by the City, the posted detours during construction and long term operation and maintenance costs of the traffic control signals. The following agreements are necessary for MnDOT to proceed with construction of Highway 100. Cooperative Construction Agreement 05302 The City is requesting a number of improvements to the Highway 100 project such as additional bridge width on Minnetonka Boulevard for bikes, trails along Highway 100, pedestrian lighting on the Minnetonka Boulevard bridge, aesthetic treatments to the bridge abutments and railings and watermain and sanitary sewer improvements on Toledo Avenue. Staff has been coordinating the scope and cost of these items with MnDOT for the last two years and the estimate cost of $2,382,699.18 is consistent with all previous estimates. T.H. 7 Detour Agreement 05501 and Resolution In order to facilitate the reconstruction of the Highway 7 bridge over Highway 100 MnDOT will be completely closing Highway 7 between Wooddale and Beltline for approximately 300 days. This work is expected to begin in late fall of 2015 and be completed by October of 2016. Although the posted detour for Highway 7 is Highway 169 and Highway 394 MnDOT has anticipated traffic destined for local businesses and events will not utilize this local detour. MnDOT compensates the City for the road life used by this additional local traffic based on their standardized formula that accounts for duration of the detour, length of the detour and the volume of additional traffic expected to utilize the detour. The City is estimated to be reimbursed $14,509.69 for this detour based on MnDOT’s methodology. A similar closure of County State Aid Highway (CSAH) 5/Minnetonka Boulevard bridge over Highway 100 will occur from April 2015 to July of 2015. Since this bridge is on a County Road the City will not be entering into an agreement with MnDOT or the County. The County has chosen to detour traffic to other CSAH roadways by utilizing CSAH 20 (Blake Road) and CSAH 3 (Excelsior Boulevard). Traffic Control Signal Agreement 05544 and Resolution MnDOT will be entering in to joint agreements with Hennepin County and the City of St. Louis Park for the construction, operation and maintenance of the signal system at the intersections of CSAH 5/Minnetonka Boulevard and the Highway 100 ramps. This new agreement supersedes a similar agreement that is currently in place for the signals at these ramps. As the project gets closure to completion the City will update the signal agreement we currently have with Hennepin County for the intersection of CSAH 5/ Minnetonka Boulevard and Lake Street/ Vernon Avenue. Study Session Meeting of May 12, 2014 (Item No. 2) Page 3 Title: Update on Trunk Highway 100 Construction Project MnDOT Public Outreach and Detour Education MnDOT has also expressed a strong willingness to work with the City to provide adequate and additional traffic control measures if necessary as the Highway 100 project progresses. Staff has inserted language in to the attached “Cooperative Construction Agreement Resolution” that: • acknowledges that MnDOT does not yet know the actual impacts of rerouted traffic may not be known until construction staging progresses; • that MnDOT will work with the City of St. Louis Park on signage and traffic routing to mitigate impacts of traffic disruption as they develop; • that MnDOT will work with the City of St. Louis Park on communication and revising traffic controls to address public concerns as they develop. MnDOT is proposing a number of public outreach events this summer in anticipation of the project to help inform residents about what to expect during construction. • They will provide an update to the City Council at a study session prior to construction starting. • They will hold a project kick off meeting/ open house in the community. • City Staff will attend the weekly construction meetings for the duration of the construction project. In addition to MnDOT’s communication, City staff will be providing periodic updates to Council. These will be in advance of major changes to the roadway network as the project construction proceeds. Study Session Meeting of May 12, 2014 (Item No. 2) Page 4 Title: Update on Trunk Highway 100 Construction Project RESOLUTION NO. 14 -____ STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF ST. LOUIS PARK COOPERATIVE CONSTRUCTION AGREEMENT RESOLUTION WHEREAS, the Minnesota Department of Transportation (“MnDOT”) is undertaking the improvement of Trunk Highway 100; and WHEREAS, MnDOT will be replacing the traffic control signals along CSAH 5 (Minnetonka Blvd) at the East and West Ramps of Highway 100; WHEREAS, the actual impacts of rerouted traffic may not be known until construction staging progresses; WHEREAS, MnDOT will work with the City of St. Louis Park on signage and traffic routing to mitigate impacts of traffic disruption as they develop; WHEREAS, MnDOT will work with the City of St. Louis Park on communication and revising traffic controls to address public concerns as they develop; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City of Saint Louis Park enters into MnDOT Agreement No. 05302 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 additional bridge and roadway width, trail, concrete walk, traffic control signal system, EVP System, interconnect, lighting and the City utility construction and other associated construction to be performed upon, along and adjacent to County State Aid Highway No. 5 (Minnetonka Boulevard) adjacent tot and over Trunk Highway No. 100 from approximately 500 feet east of Trunk Highway No. 100 to approximately 500 feet west of Trunk Highway No. 100 and upon , along and adjacent to Trunk Highway No. 100 from 100 feet north of 6th Street West to 80 feet north of 26th Street West within the corporate City limits under State Project No. 2734-33 (T.H. 100=005). IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Reviewed for Administration: Adopted by the City Council May 19, 2014 City Manager Mayor Attest: City Clerk Study Session Meeting of May 12, 2014 (Item No. 2) Page 5 Title: Update on Trunk Highway 100 Construction Project RESOLUTION NO. 14 -____ TRUNK HIGHWAY 7 DETOUR AGREEMENT NO. 05501 RESOLUTION WHEREAS, the Minnesota Department of Transportation (“MnDOT”) is undertaking the improvement of Trunk Highway 100; and WHEREAS, as part of the Trunk Highway 100 project MnDOT will be using City streets for the detour of Trunk Highway 7. WHEREAS, MnDOT has offered $14,509.69 as compensation for the road life consumed by the detour. WHEREAS, the City agrees that this amount constitutes reasonable compensation. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City of Saint Louis Park enters into MnDOT Agreement No. 05501 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City for the use of Monterey Drive, W. 36th Street, and Wooddale Avenue as a detour route during the contract construction to be performed upon, along and adjacent to T.H. 100 from a point 900’ North of Excelsior Boulevard to Cedar Lake Road under State Project No. 2734-33 (T.H. 100 = 130) IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Reviewed for Administration: Adopted by the City Council May 19, 2014 City Manager Mayor Attest: City Clerk Study Session Meeting of May 12, 2014 (Item No. 2) Page 6 Title: Update on Trunk Highway 100 Construction Project RESOLUTION NO. 14 -____ TRAFFIC CONTROL SIGNAL AGREEMENT NO. 05544 RESOLUTION WHEREAS, the Minnesota Department of Transportation (“MnDOT”) is undertaking the improvement of Trunk Highway 100; and WHEREAS, MnDOT will be replacing the traffic control signals along CSAH 5 (Minnetonka Blvd) at the East and West Ramps of Highway 100; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City of Saint Louis Park enters into MnDOT Agreement No. 05544 with the State of Minnesota, Department of Transportation for the following purposes: To provide for the power, operation, and maintenance of the new Traffic Control Signals with Signal Pole L.E.D Mounted Luminaires, Interconnect, Accessible Pedestrian Signals (“APS”), Battery Back –up, and Signing; and for the Emergency Vehicles Pre-emption Systems on Trunk Highway No. 100 at Country State Aid Highway No. 5 (Minnetonka Boulevard), West Ramps (System “D”) and East Ramps (System “E”) in the City of St. Louis Park, Hennepin County, Minnesota. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Reviewed for Administration: Adopted by the City Council May 19, 2014 City Manager Mayor Attest: City Clerk Mn/DOT Contract No: 05302 -1- STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF ST. LOUIS PARK COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 2734-33 Estimated Amount Receivable Trunk Highway Number (T.H.): 100=005 $2,382,699.18 State Project Number (S.P.): 2735-197 State Project Number (S.P.): 027-605-026 Federal Project Number: NHPP 0100 (317) Lighting System Feed Point No. CITY A Signal System ID 21378, 39704, 39526 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of St. Louis Park acting through its City Council ("City"). Recitals 1. The State will perform grading, alternate bituminous or concrete surfacing, ADA, retaining wall, noise wall, lighting, TMS, trail, utility, traffic control signal system, EVP system, interconnect, and bridge construction and other associated construction upon, along and adjacent to County State Aid Highway No. 5 (Minnetonka Boulevard) adjacent to and over Trunk Highway No. 100 from approximately 500 feet east of Trunk Highway No. 100 to approximately 500 feet west of Trunk Highway No. 100 and upon, along and adjacent to Trunk Highway No. 100 from 100 feet north of 36th Street West to 80 feet north of 26th Street West in the City of St. Louis Park according to State-prepared plans, specifications and special provisions designated by the State as State Project No. 2734-33 (T.H. 100=005)("Project"); and 2. The City has requested the State include in its Project additional bridge and roadway width, trail, concrete walk, EVP system, lighting and utility construction and will also participate in traffic control signal system, interconnect, and other associated construction items to be performed upon, along and adjacent to County State Aid Highway No. 5 (Minnetonka Boulevard) adjacent to and over Trunk Highway No. 100 from approximately 500 feet east of Trunk Highway No. 100 to approximately 500 feet west of Trunk Highway No. 100 and upon, along and adjacent to Trunk Highway No. 100 from 100 feet north of 36th Street West to 80 feet north of 26th Street West in the City of St. Louis Park; and 3. The City wishes to participate in the costs of the additional bridge and roadway width, trail, concrete walk, traffic control signal system, EVP System, interconnect, lighting, and City utility construction and associated construction engineering; and 4. Agreement No. 05303 between the State and Hennepin County will address additional bridge and roadway width, interconnect, and traffic control signal system construction and associated construction engineering; and 5. Agreement No. 01690 between the State and the Canadian Pacific railway will address Shoo-Fly construction; and 6. A separate agreement between the State, City of St. Louis Park, and Hennepin County will address traffic control signal system maintenance; and 7. Agreement No. 02408 between the State and the Hennepin County Regional Railroad Authority (HCRRA) will address bicycle/pedestrian bridge construction and compensation for design and construction of a new bridge to accommodate the width necessary to carry two parallel LRT tracks; and Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction Project Page 7 Mn/DOT Contract No: 05302 -2- 8. Agreement No. 05501 between the State and City of St. Louis Park , and Agreement No. 05502 between the State and Hennepin County will address use of local roadways as temporary Trunk Highway detour routes; and 9. The City has an existing 78” storm sewer pipe in the proposed T.H. 7 abutment on T.H. 100 that will require ongoing monitoring and inspections; and 10. Minnesota Statutes § 161.45, subdivision 2, allows for City-owned utility relocation to be included in a State construction contract, and payment by the City for such relocation according to applicable statutes and rules for utilities on trunk highways; and 11. 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 State as State Project No. 2734-33 (T.H. 100=005) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ("Project Plans") 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Project Manager and incorporated into this Agreement by reference. 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 except as provided below, 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. Construction Engineering and Inspection by the City. The City will assign its City Engineer or other registered professional engineer to perform construction engineering in connection with the City utility construction. The engineer so assigned will act under the supervision and direction of the State and be responsible for construction inspection and control of materials for said construction. The construction will be performed according to the Project Plans and recognized and accepted practices and procedures as set forth in various State manuals, including Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction". The City will furnish other personnel, services, supplies and equipment needed to properly carry on the construction. i. Documentation of Construction Costs. At regular intervals after the State's contractor has started the City utility construction, the City will prepare partial estimates of the construction costs according to Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction Project Page 8 Mn/DOT Contract No: 05302 -3- the terms of the construction contract and immediately submit the partial estimates to the State. The City will also prepare the final estimate data for said construction and submit the final estimate to the State. Quantities listed on the partial and final estimates will be documented according to guidelines in the applicable documentation manual. ii. Final Inspection of Construction. Upon completion of the City utility construction, the City will advise the State whether or not said construction should be accepted by the State as being performed in a satisfactory manner. If the City recommends that the State not accept the construction, then the City will, as part of their recommendation, identify the specific defects in the construction and the reasons why it should not be accepted. Any recommendations made by the City are not binding on the State. The State will determine, after considering the City's recommendations, whether or not the construction has been properly performed and whether to accept or reject it. iii. Inspection of Other City Participation Construction. The remainder of 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, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. 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. 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. 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 TP2525). B. Limited Use Permit. 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 Toledo Avenue South 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. Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction Project Page 9 Mn/DOT Contract No: 05302 -4- 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. Roadways. Maintenance of Toledo Avenue South and Trunk Highway No. 100 West Frontage Road. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities according to accepted City maintenance practices. 3.2. Wooddale Retention Pond. Maintenance of the Wooddale retention pond located in the southwest corner of Trunk Highway No. 7 and No. 100. Maintenance includes, but not limited to, litter, debris and silt removal, mowing, erosion repairs 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. The City shall be responsible, to the extent provided by law, for its own acts and omissions in connection with maintaining the retention pond. 3.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to the State. A. Existing Storm Sewer Pipe. The City has an existing City owned and maintained 78” Class V RCP storm sewer pipe on the east side of Highway 100 between MH 6237 and MH 6238, in the proposed T.H. 7 bridge abutment. This was constructed and installed by permit approximately in1970 and is within MnDOT right of way. Due to the ongoing concern of the existence of this storm sewer pipe and its current location in relation to the proposed east side abutment of the T.H. 7 bridge and the integrity of its condition as it relates to the proposed bridge abutment, there is mutual agreement (between the City and the State) that this pipe needs to be monitored and inspected on a regular basis. The City shall perform routine inspections every 5 years on this storm sewer pipe and provide inspection reports back to the State Metro Bridge Maintenance Engineer. If upon review of the inspection reports, and at such time in which the State and the City feel that this pipe is in need of repairs, it would be the responsibility of the City to line and/or repair the pipe, as necessary, to provide the structural stability assurances of the pipe at 100% cost to the City. 3.4. Trails. Maintenance of the Toledo Avenue South trail construction. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, pavement replacement, mowing, trimming, signing, pavement markings, and any other maintenance activities necessary to perpetuate the bikeways and multi-use trails in a safe and usable condition. 3.5. Wayside Rest Areas. Maintenance of waysides rest areas on the back side of the retaining walls along Minnetonka Boulevard. Maintenance shall be in accordance with normal City maintenance requirements necessary to perpetuate the pavers and benches in a safe, usable and aesthetically acceptable condition. 3.6. Retaining Walls. Maintenance of the non-highway side of any retaining wall construction. Maintenance includes graffiti removal and any other maintenance activities necessary to perpetuate the walls in a safe, usable and aesthetically acceptable condition. 3.7. Noise Walls. Maintenance of the non-highway side of any noise wall construction. Maintenance includes graffiti removal on the non-highway side and any other maintenance activities necessary to perpetuate the walls in a safe, usable and aesthetically acceptable condition. 3.8. Lighting. Maintenance and ownership of lighting facilities construction on Minnetonka Boulevard and Bridge. Maintenance includes but is not limited to; replacing faulty luminaries and knocked down or otherwise damaged poles; repairing or replacing underground facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the lighting facilities in working order; cleaning and re-lamping the luminaries; and if needed, painting the lighting facilities. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the lighting facility. As owner of the lighting facilities, the City will be responsible for all "Gopher State One Call" locates. Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction Project Page 10 Mn/DOT Contract No: 05302 -5- 3.9. Additional Drainage. Neither party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Unit at Roseville and is incorporated into this Agreement by reference. 4. Basis of City Cost 4.1. SCHEDULE "I”. The Preliminary SCHEDULE "I" includes all anticipated City participation construction items, including lump sum bid-based items, County Furnished Materials lump sum amounts, 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, field laboratory and traffic control. A. 100 Percent will be the City's rate of cost participation in all of the City utility construction as shown and tabulated on Sheet(s) No. 2 thru No. 4 of the Preliminary SCHEDULE "I". B. 100 Percent will be the City’s rate of cost participation in all of the lump sum bid-based items for the requested bridge and roadway additional width construction as shown and tabulated on Sheet No. 5 of the Preliminary SCHEDULE "I". 4.3. County Furnished Materials. Hennepin County will furnish 3 cabinet and controllers ("County Furnished Materials"), according to the Project Plans, to operate the traffic control signal system(s) covered under this Agreement. The City’s lump sum share for State Furnished Materials is $12,500.00. The City's cost share for State Furnished Materials will be added to the City's total construction cost share as shown in the SCHEDULE "I". 4.4. Construction Engineering Costs. The City will pay a construction engineering charge equal to 5 percent for all utility construction engineering and 8 percent for the remaining City participation construction covered under this Agreement. 4.5. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda for the City participation construction covered under this Agreement and any additional City requested work and plan changes. The State reserves the right to invoice the City for the cost of any construction contract addenda and any additional City requested work and plan changes, including associated construction engineering, before the completion of the contract construction. 5. City Cost and Payment by the City 5.1. City Cost. $2,382,699.18 is the City's estimated share of the costs of the contract construction, County Furnished Materials, the 5 percent utility construction engineering 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 includes lump sum bid-based costs for additional bridge and roadway width construction. 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: Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction Project Page 11 Mn/DOT Contract No: 05302 -6- 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: 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 6.2. The City's Authorized Representative will be: Name/Title: Debra Heiser/Engineering Director (or successor) Address: 5005 Minnetonka Boulevard, St. Louis Park, MN 55416-2216 Telephone: (952) 924-2551 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. Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction Project Page 12 Mn/DOT Contract No: 05302 -7- 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] Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction Project Page 13 Mn/DOT Contract No: 05302 -8- INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. CITY OF ST. LOUIS PARK 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: Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction Project Page 14 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 15 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 16 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 17 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 18 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 19 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction Project Page 20 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 21 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 22 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 23 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 24 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 25 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 26 Study Session Meeting of May 12, 2014 (Item No. 2) Title: Update on Trunk Highway 100 Construction ProjectPage 27 Meeting: Study Session Meeting Date: May 12, 2014 Discussion Item: 3 EXECUTIVE SUMMARY TITLE: Southwest LRT Preliminary Design Plans - Continued Discussion RECOMMENDED ACTION: No formal action at this time. Staff proposes that discussion continue on the SWLRT Preliminary Design Plans under consideration for Municipal Consent, priorities, and strategy moving forward. POLICY CONSIDERATION: Nothing specific at this time SUMMARY: At the April 28th and May 5th City Council meetings the Council reviewed the specifics of the Preliminary Design Plans and discussed potential changes to the plans. The discussion was in anticipation of preparing and adopting a resolution regarding municipal consent in June or early July. At Monday night’s meeting staff proposes that the focus of discussion be on our priorities regarding changes to the proposed plans and our strategy for seeking those changes. Staff will also provide an update on continuing discussions with the SWLRT Project Office and the Met Council. The Preliminary Design Plans can be found at www.stlouispark.org/webfiles/file/community-dev/swlrt_plans.pdf. The discussion at the previous two City Council meetings identified four categories of changes being sought and grouped them by station area. The summary tables for the SWLRT project and the changes to be requested are attached. The four categories of potential changes included, 1.) Changes to the base plans, 2.) Potential Locally Requested Capital Investments (“betterments”), 3.) Other related projects which would be primarily the responsibility of St. Louis Park; and, 4.) Future decisions on issues that need to be addressed in the future stages of design development. The Preliminary Design Plans that are under consideration for Municipal Consent are less than 30% complete. There is considerably more design work left to do and the City will have opportunities for continued input before the Final Design Plans are completed. The Final Design stage of the SWLRT project is not anticipated to begin until the second or third quarter of 2015. The deadline for Municipal Consent is July 14 . The St. Louis Park Municipal Consent public hearing will be May 19th and will be preceded by an open house. NEXT STEPS: • Public hearing with open house 1 hour prior – May 19 • Staff and Council continue to review base plans (ongoing) • Preparation and discussion of a draft Municipal Consent Resolution • Consideration of Municipal Consent Resolution – no later than July 7th. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: SLP Municipal Consent Plan Summary Table 2014 SLP Municipal Consent Plan – Requested Changes Tables Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager SLP Municipal Consent Plan Summary Table 2014 4-16-14 Base plan Elements Locally Requested Cap Inv (Betterments) Cost Other Issues Cost Louisiana § North (Oxford) station § 286 car park & ride lot § Trail connection under tracks from station to regional trail and Sam’s Club area South station location $18-23 m • Removal of South leg of switching wye • Better pedestrian connection from station to Methodist • Ownership & use of freight rail South Connect property • Oxford/Edgewood “hairpin” curve ? Wooddale § Station at Wooddale § No park & ride § Trail connection at-grade § Kiss & Ride drop-off on Yosemite and Frontage Road Trail underpass $3-3.5 m • LRT under Wooddale • Shift station location East • Xenwood underpass • Xenwood at-grade crossing • Fit with future development on frontage road $13.9 m $21 m $5 m? Belt Line § 525 park & ride lot at Beltline & CSAH 25 § Trail at-grade crossing of Beltline; crosses trains on bridge to the east § New signalized access to CSAH 25 at Lynn Ave Grade separation of Belt Line Or Trail bridge over Beltline $18-23 m $3.5-4 m • Joint Development of park & Ride lot • Design of CSAH 25 • Design of access to park & ride from CSAH 25 ? Study Session Meeting of May 12, 2014 (Item No. 3) Title: Southwest LRT Preliminary Design Plans - Continued Discussion Page 2 SLP Municipal Consent Plan – Requested Changes 4-28-14 & 5-05-14 1.Changes to Base plan (SWLRT project costs) Cost 2.Locally Requested Cap Investments (Betterments) (locally funded) Cost 3.Other Projects (locally funded) Cost 4.Future Decisions Louisiana § South station (Methodist Hospital)? § Oxford/Edgewood “hairpin” curve modified $18-23m ? • Removal of South leg of switching wye • Better pedestrian connection from station to Methodist ? ? • Ownership & use of freight rail South Connect property • Design of retaining wall Wooddale • Eliminate Kiss & Ride drop-off on Frontage Road or Fit with future development on frontage road • Double left turn at 36th & Wooddale • Hwy 7 South Frontage Roads right-in/right out • Shift station East § Relocate Signal bungalow • Trail underpass at Wooddale • Xenwood underpass at corridor $3-3.5m $9-11m • Xenwood/W 36th traffic signal • EDA/McGarvey Site redevelopment Study Session Meeting of May 12, 2014 (Item No. 3) Title: Southwest LRT Preliminary Design Plans - Continued Discussion Page 3 1.Changes to Base plan (SWLRT project costs) Cost 2.Locally Requested Cap Investments (Betterments) (locally funded) Cost 3.Other Projects (locally funded) Cost 4.Future Decisions Belt Line § Beltline Blvd Park & Ride access consistent w/Joint Development (CSAH25, Lynn traffic signal, removal of frontage road, internal site circulation) § Joint Development incorporated into Beltline Park & Ride (structured parking) § Right-in/right-out Nordic Ware frontage Rd § Move signal bungalow § Trail bridge over Freight tracks consolidated w/bridge over Belt Line § CSAH 25/Belt Line Blvd traffic signal & operations adjustments § Grade separated Trail crossing at Beltline (grade separation consolidated with trail crossing freight rail tracks) $3.5-4m • CSAH 25 redesign and rebuild as Blvd • Ottawa/CSAH 25 intersection Ped & Bike improvements • EDA site redevelopment in concert with Joint Development and Park & Ride structure • § CSAH 25/Belt Line Blvd traffic signal & operations adjustments Study Session Meeting of May 12, 2014 (Item No. 3) Title: Southwest LRT Preliminary Design Plans - Continued Discussion Page 4