1c. Dell Road Mill and Overlay
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone 952.227.1160
Fax 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax 952.227.111 0
Public Works
1591 Park Road
Phone 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
i~
MEMORANDUM
TO:
Paul Oehme, Director of Public Works/City Engineer
Alyson Fauske, Assistant City Engineer o.~
'(7, (;1.
.
FROM:
DATE:
May 26, 2009
6~
SUBJECT:
Dell Road Mill and Overlay, Highway 5 to Northern City Limits
PROPOSED MOTION
"The City Council approves the Joint Powers Agreement with the City of Eden
Prairie for the mill and overlay of Dell Road from the railroad tracks to
Highway 5 and appurtenant work in the amount of$51,536.71.
City Council approval requires a simple majority vote of the City Council
presen t."
BACKGROUND
In the fall of2008 City Staffwas notified of
the City of Eden Prairie's plans to mill and
overlay Dell Road north of Highway 5. The
southbound lanes of Dell Road between the
railroad tracks and Highway 5 lie within the
City of Chanhassen. Eden Prairie estimated
the cost of this work to be $75,000.
Chanhassen City Staff and City Council
reviewed the proposed 2009 Street
Improvement Project areas at the
October 13,2008 work session. Staff has
reviewed this project and recommends
overlaying the roadway based on the
pavement's condition. On April 27, 2009
staff reviewed this project with the Council
in conjunction with the award of the 2009 -I
street improvement project. ~._
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The City of Eden Prairie prepared the plans
and specifications for the project, which
includes additional street rehabilitation
throughout the City of Eden Prairie. The
work to be completed within the City of
Chanhassen includes milling the entire
width of Dell Road, a 2" overlay on Dell
Road, the replacement of the signal loop
detectors at the Highway 5 signals, striping
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
- Dell Road- mill, overlay and striping
_Dell Road- striping
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Page 2 of2
Dell Road Mill and Overlay
May 26, 2009
the overlay area, and re-striping Dell Road south of Highway 5. The width of
Dell Road will not be altered.
Chard Tiling & Excavating, the City ofChanhassen's contractor for the 2009 Mill
and Overlay Proj ect, will repair curb and gutter along Dell Road as directed by
City ofChanhassen Staff. Final rim adjustments on utilities within Dell Road will
be completed under the City of Eden Prairie's contract.
The City Attorney for Chanhassen drafted the attached agreement.
PROJECT COSTS
Nine bids were received by the City of Eden Prairie for the project. The lowest
responsible bidder is GMH Asphalt Corporation. The Eden Prairie City Council
awarded the project at their May 5, 2009 meeting. The total construction cost for
the project is $1,553,240. The City ofChanhassen's portion of the construction
cost for our portion of Dell Road is $51,536.71. The final costs shall be based on
the fmal quantities for work completed within the City of Chanhassen.
Attachment
g:\eng\publicV009 projects\09-01 2009 street improvements\05-26-09 approve agmt.docx
COOPERATIVE AGREEMENT
BETWEEN THE CITY OF EDEN PRAIRIE
AND THE CITY OF CHANHASSEN FOR THE
DELL ROAD MILL AND OVERLAY PROJECT
THIS COOPERATIVE AGREEMENT is entered into between the CITY OF EDEN
PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as "Eden Prairie") and the
CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as
"Chanhassen"), with the parties collectively hereinafter referred to as the "Cities".
WHEREAS, the Cities desire to implement the design and construction of the Dell Road
Mill and Overlay Project in the Cities (the "Project"); and
WHEREAS, Minn. Stat. S 471.59 authorizes two or more governmental units to enter into
agreements to jointly or cooperatively exercise any power common to the contracting parties or any
similar power.
NOW, THEREFORE, in consideration of their mutual covenants the parties agree as
follows:
1. PLANS AND SPECIFICATIONS. The City of Eden Prairie has prepared plans
and specifications for the Project consistent with the Cities' design standards.
2. BIDDING. Eden Prairie advertised for bids for the construction ofthe Project in
accordance with Minnesota Law and provided Chanhassen with an analysis of the bids received.
3. CONTRACT AWARD. Eden Prairie shall prepare contract documents and enter
into a contract with the approved bidder.
4. CHANHASSEN WORK. Eden Prairie's forces shall be responsible for
adjusting utility rims within Chanhassen and roadway striping within Chanhassen.
5. COST ALLOCATION. Relevant project costs shall be paid by Chanhassen for
all work within Chanhassen in accordance with the cost estimate prepared by the City of Eden
Prairie. The estimated construction and striping costs is $51,536.71. Final costs shall be based
on final quantities for work within Chanhassen. All costs for work within Eden Prairie shall be
paid by Eden Prairie. Project costs include construction and testing costs.
6. OWNERSHIP. Each party shall own the portion ofthe Project located within its
corporate boundaries.
7. PAYMENT. Eden Prairie will act as the paying agent for all payments to the
contractor. Payments will be made as the Project work progresses and when certified by the
Eden Prairie City Engineer. Eden Prairie, in turn, will bill Chanhassen for the Project costs.
Upon presentation of an itemized claim by one agency to the other, the receiving agency shall
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covered under this Agreement.
13. DATA PRACTICES ACT. The Contracting Party shall at all times abide by the
Minnesota Government Data Practices Act, Minn. Stat. Section130l, et seq., to the extent that
the Act is applicable to data and documents in the hands of the Contracting Party.
14. CLAIMS. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.
15. INTEGRATION. The entire and integrated agreement of the parties contained
in this Agreement shall supersede all prior negotiations, representations, or agreements between
Chanhassen and Eden Prairie regarding the Project; whether written or oral.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed by
their duly authorized officials.
CITY OF EDEN PRAIRIE
CITY OF CHANHASSEN
BY:
BY:
Its Mayor
Its Mayor
AND
AND
Its City Manager
Its City Manager
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COOPERATIVE AGREEMENT
BETWEEN THE CITY OF EDEN PRAIRIE
AND THE CITY OF CHANHASSEN FOR THE
DELL ROAD MILL AND OVERLAY PROJECT
THIS COOPERATIVE AGREEMENT is entered into between the CITY OF EDEN
PRAIRIE, a Minnesota municipal corporation (hereinafter referred to as "Eden Prairie") and the
CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to as
"Chanhassen"), with the parties collectively hereinafter referred to as the "Cities".
WHEREAS, the Cities desire to implement the design and construction of the Dell Road
Mill and Overlay Project in the Cities (the "Project"); and
WHEREAS, Minn. Stat. ~ 471.59 authorizes two or more governmental units to enter into
agreements to jointly or cooperatively exercise any power common to the contracting parties or any
similar power.
NOW, THEREFORE, in consideration of their mutual covenants the parties agree as
follows:
1. PLANS AND SPECIFICATIONS. The City of Eden Prairie has prepared plans
and specifications for the Project consistent with the Cities' design standards.
2. BIDDING. Eden Prairie advertised for bids for the construction of the Project in
accordance with Minnesota Law and provided Chanhassen with an analysis of the bids received.
3. CONTRACT AWARD. Eden Prairie shall prepare contract documents and enter
into a contract with the approved bidder.
4. CHANHASSEN WORK. Eden Prairie's forces shall be responsible for
adjusting utility rims within Chanhassen and roadway striping within Chanhassen.
5. COST ALLOCATION. Relevant project costs shall be paid by Chanhassen for
all work within Chanhassen in accordance with the cost estimate prepared by the City of Eden
Prairie. The estimated construction and striping costs is $50,629.22. Final costs shall be based
on final quantities for work within Chanhassen. All costs for work within Eden Prairie shall be
paid by Eden Prairie. Project costs include construction and testing costs.
6. OWNERSHIP. Each party shall own the portion of the Project located within its
corporate boundaries.
7. PAYMENT. Eden Prairie will act as the paying agent for all payments to the
contractor. Payments will be made as the Project work progresses and when certified by the
Eden Prairie City Engineer. Eden Prairie, in turn, will bill Chanhassen for the Project costs.
Upon presentation of an itemized claim by one agency to the other, the receiving agency shall
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1
reimburse the invoicing agency for its share of the costs incurred under this agreement within 30
days from the presentation of the claim. If any portion of an itemized claim is questioned by the
receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a
written explanation of the amounts in question. Payment of any amounts in dispute will be made
following good faith negotiation and documentation of actual costs incurred in carrying out the
work.
8. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Any change
orders or supplemental agreements that affect the Project cost payable by Chanhassen and
changes to the plans must be approved by Chanhassen prior to execution of work.
9. RULES AND REGULATIONS. Eden Prairie shall abide by Minnesota
Department of Transportation Standard Specifications rules and contract administration
procedures.
10. INDEMNIFICATION. Eden Prairie agrees to defend, indemnify, and hold
harmless Chanhassen against any and all claims, liability, loss, damage, or expense arising under
the provisions of this Agreement and caused by or resulting from negligent acts or omissions of
Eden Prairie and/or those of Eden Prairie employees or agents. Chanhassen agrees to defend,
indemnify, and hold harmless Eden Prairie against any and all claims, liability, loss, damage, or
expense arising under the provisions of this Agreement for which Chanhassen is responsible,
including future operation and maintenance of facilities owned by Chanhassen and caused by or
resulting from negligent acts or omissions of Chanhassen and/or those of Chanhassen employees
or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself
and the other party any amounts in excess of the limits on liability established in Minnesota
Statutes Chapter 466 applicable to anyone party. The limits of liability for both parties may not
be added together to determine the maximum amount of liability for either party. The intent of
this paragraph is to impose on each party a limited duty to defend and indemnify each other
subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating
this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts
among the parties and to permit liability claims against both parties from a single occurrence to
be defended by a single attorney.
11. WAIVER. Any and all persons engaged in the work to be performed by one
party to this Agreement shall not be considered employees of the other party to this Agreement
for any purpose, including Worker's Compensation, or any and all claims that mayor might arise
out of the employment context on behalf of the employees while so engaged. Any and all claims
made by any third party as a consequence of any act or omission on the part of one party's
employees while so engaged on any of the work contemplated herein shall not be the obligation
or responsibility of the other party.
12. AUDITS. Pursuant to Minnesota Statutes S 16C.05, Subd. 5, any books, records,
documents, and accounting procedures and practices of Chanhassen and Eden Prairie relevant to
this Agreement are subject to examination by Chanhassen, Eden Prairie, and either the
Legislative Auditor or the State Auditor as appropriate. Chanhassen and Eden Prairie agree to
maintain these records for a period of six years from the date of performance of all services
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covered under this Agreement.
13 . Data Practices Act. The Contracting Party shall at all times abide by the
Minnesota Government Data Practices Act, Minn. Stat. Section1301, et seq., to the extent that
the Act is applicable to data and documents in the hands of the Contracting Party.
14 . Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: I declare under penalty of perjury that this
account, claim, or demand is just and correct and that no part of it has been paid.
15 INTEGRATION. The entire and integrated agreement ofthe parties contained
in this Agreement shall supersede all prior negotiations, representations, or agreements between
Chanhassen and Eden Prairie regarding the Project; whether written or oral.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed by
their duly authorized officials.
CITY OF EDEN PRAIRIE
CITY OF CHANHASSEN
BY:
BY:
Its Mayor
Its Mayor
AND
AND
Its City Manager
Its City Manager
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