7a. Hwy 5 Improvements Cty Rd 17 to Hwy 41 I 0 CITY OF 7cL.
CHANHASSEN
1 _,,,,,,,,
I690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
(612)937-1900 • FAX(612)937-5739
I ' ' . Note: Approval of the attached contract with
the conditions noted below is recommended.
March 25, 1991 DWA (4-4-91)
I
I Mr. Roger Gustafson Mr. David Schmidt
Carver County Engineer Hennepin County
600 East Fourth Street Public Works Department
Chaska, MN 55318 320 Washington Ave. So.
IHopkins, MN 55343
Mr. Carl Jullie Mr. David Pokorney
I City -of Eden Prairie City of Chaska
7600 Executive Drive One City Hall Plaza
• Eden Prairie, MN 55344 Chaska, MN 55318
IRe: Engineering Services Agreement, TH 5/CR 17 to TH 41
Gentlemen:
You previously received a copy of the proposed agreement between
the five agencies to accomplish the engineering services for the
1 above noted project. I had asked if each of you would have that
document presented to your appropriate Council/Board so as to be
approved as to form. This would be followed by one original being
forwarded to each of the parties for execution with a copy of such
II - being sent back to each agency after all signatures had been
received. After sending the proposed contract to Hennepin County
and based upon discussions with Dave Schmidt, Bob Lindall and
I myself, it was determined that Hennepin County's name should be
deleted from the contract recognizing that the final end of the
project, i.e. construction of Highway 5 from County Road 17 to TH
I 41, is outside of Hennepin County. Hennepin County remains an
advocate of the larger project, but again, would find it
technically advantageous to be seen as a "contributor" to the
"overall project" versus a "contracting" firm on a specific
II contract.
Mr. Schmidt, Mr. Lindall and I do not see the above noted change as
II being significant to the overall objectives of Carver County, Eden
Prairie, Hennepin County, Chanhassen 'or Chaska. I do not see the
necessity of having your Council/Board reapprove the contract with
II Hennepin County's name deleted, but I leave that up to you. I can
state that the final execution of the document will not occur until
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March 25, 1991
' Page 2
we have been notified that Hennepin County has agreed to the
' contribution.
Should you have any questions in regards to this letter or the
proposed change, please feel free to contact Mr. Schmidt, Mr.
' Lindall or myself. I would anticipate having the modified original
to you within the next week to ten days.
iSincerely,
/d2,, f)-Z! S
Don Ashworth
1 City Manager
DA:k
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612 591 4665
MN DOT GOLDEN VALLEY TEL :6.12-591-4665 Feb 07 ,91 11 : 27 No .010 P .01
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CONSULTANT. ENGINEERING AGREEMENT NO. 67724
SERVICES
Postep-It"brand fax transmittal memo 7671 II of Pamos ► z.4 '
Rab* ÷ I ,:n1, mi*+91�
co.iloke5 r� %Y!r1 �0 .
Dept. 7 PMone.573 64Z.Z•-
Fax" 337-13Jo *UN
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MINNESOTA DEPARTMENT OF TRANSPORTATION '
JOINT POWERS AGREEMENT FOR
CONSULTANT ENGINEERING SERVICES
1
S.P. 1002 (TM 5)
Mn/DOT $ 287 ,000.00 '
Local $ 50,000.00
Total Contract $ 337,000.00 II
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Agreement by and between
The State of Minnesota, II Department of Transportation, the County of Carver, the County of Hennepin,
the City of Eden Prairie, the City of Chanhassen, and the City of Chaska.
RE: Engineering Services
for T.H. 5
from C.S.A.H. 17
To T.H. 41
In Chanhassen
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11 612 591 4665
MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 , 91 11 30 No .011 P .01
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MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 91 11 30 No .011 F .02
INDEX
PAGE
Parties to the Agreement
4 I Explanation or Justification
4
Section 1. 0 - Extent and Character of the Work '
5
, Section 2.0 - Services to be Provided by the City
5
Section 3.0 - Laws, Regulations, Guidelines and
Standards - Form of Plans
8
Section 4. 0 - Services and Data to be Furnished to '
the City by the State
11
Section 5.0 - Time Schedule
12
Section 6.0 - Payment to the City
12
Section 7. 0 - Termination Dispute and Submittal of ,
Contract Documents
15
Section 8.0 - Compliance with Laws
16
Section 9.0 - Registration
16
Section 10.0 - Conference '
16
Section 11.0 - Inspection
17
Section 12.0 - Subletting
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Section 13.0 - Claims
17
Section 14.0 - Contingent Fee
18
Section 15.0 - Nondiscrimination 1
19
Section 16.0 - Furnishing of Information to the State
19
Section 17. 0 - Maintenance of Documents and Records
19
Section 18.0 - Use of Designs and Reports
20
Section 19. 0 - Accuracy of work
20
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MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 , 91 11 :30 No .011 P .03
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INDEX CONTINUED
PAGE
Section 20.0 - Approvals
1 20
Signatures
21 thru 23
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MN DOT GOLDEN VPLLEY TEL :612-591-4665 Feb 07 ,91 11 30 No .011 P .04
This Agreement is made and entered into by and between the State o '
f
Minnesota, Department of Transportation, hereinafter referred to as the
"State" or "MnDOT", the County of Carver, hereinafter referred to as
"Carver County", the County of Hennepin, hereinafter referred to as
"Hennepin County", the City of Eden Prairie, hereinafter referred to as
"Eden Prairie", the City of Chanhassen, hereinafter referred to as
"Chanhassen", and the City of Chaska, hereinafter referred to as "Chaska" . '
Carver County, Hennepin County, Chanhassen, Chaska, and Eden Prairie are
hereinafter from time to time collectively referred to as "Local Agencies".
Barton-Aschman Associates, Inc. is referred to herein as the "Chanhassen's I
Consultant".
WHEREAS, the widening '
ning of T.H. 5 to four lanes from C.S.A.H. 17 to T.H. 41
in Chanhassen, hereinafter referred to as "Project", is desirable and
necessary, and
,WHEREAS, the MnDOT, Carver county, Hennepin County, Chanhassen, Eden
Prairie and Chaska desire to have the Project "construction ready„- if
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and when financing is available for such construction, and
WHEREAS, the agencies wish to participate and cooperate in preparation and
completion of the Project, and
WHEREAS, Chanhassen has agreed to act as administrator for the Project, and II
WHEREAS, by virtue of Minnesota Statute 161.20, Subdivision 2, the 1
Commissioner of Transportation is authorized to make agreements with
and cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system, and
WHEREAS, the agencies are authorized by Minnesota Statute 471.59 to enter
into agreements providing for the exercise of power shared in common.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: '
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MN LOOT GOLDEN VALLEY TEL :512-531-4555 Feb 07 ,31 11 : 52 No .011 P .05
SECTION 1.0 - EXTENT AND CHARACTER OP THE WORK
1. 10 Project Work Description
I1.11 The services to be proveded under this agreement are for the
detail design, final construction plan, specifications and
' engineering estimate preparation for roadway construction
work, for Trunk Highway No. 5 from C.S.A.H. 17 to T.H. 41 in
Chanhassen.
1.20 Project Location
1.21 The general location of the roadway element of this project
extends along the mainline of T.H. 5 from C.S.A.H. 17 in
Chanhassen to T.H. 41 in Chanhassen.
SECTION 2.0 - SERVICES TO BE PROVIDED BY CHANHASSEN
II2. 10 gcotie of Services
2. 11 Chanhassen, through its Consultant, will act as an extension of
the State's work forces in the development of the required plans
for this project.
2 .20 Detai ed Design and Preparation of Roadway. Plans
' 2. 21 Chanhassen's Consultant shall prepare detailed designs and
construction contract plans that shall provide for grading,
surfacing, drainage facilities, signing, utility relocations,
traffic signals, landscaping and miscellaneous construction
features.
2.22 Chanhassen's Consultant shall prepare special provisions for
• those items, details and procedures for which the Consultant is
responsible and which are not part of the State's "Standard
Specification for Construction".
2.23 Chanhassen's Consultant shall prepare a Signal Justification
Report for three intersections on this project: 1) T.H. 5 and
Audubon Road, 2) T.H. 5 and C.S.A.H. 19 (Galpin Boulevard) , and
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MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 91 11 :32 No .011 P .06
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3) T.H. 5 and T.H. 41.
2.24 Following approval of the Signal Justification Report,
Chanhassen's Consultant will design new signal systems for those
same intersections.
2 .25 Chanhassen, through its Consultant, shall prepare a traffic '
control plan which will include the identification of detours,
any temporary signing, temporary pavement markings, and temporary I
barriers or flagging requirements.
2.26 Construction staging plans will be prepared at a scale of 1" to
100' . These plans will show ways to reduce traffic congestion
and maintain safe traffic flow with minimal delay.
2.27 Chanhassen's Colsultant shall prepare the Engineer's Estimate for II
the proposed construction project.
2.30 Plan Review and Approval
Chanhassen's Consultant shall submit the plans for review and I
approval at two stages of development:
2.311 $tage I (Preliminary Review)
2. 3111. Chanhassen's Consultant shall submit translucent prints of
partially completed plans to the State for review. These plans
shall include existing topography, proposed alignment, profiles,
plan layout of proposed construction, major drainage, and typical I
sections. Approvals of these features by the State shall be
obtained before proceeding with further development of the plans. II
2.312 stage II (Detail Review)
2.3121 After receiving approval of Stage I, Chanhassen's Consultant
shall complete the plans in accordance with the review comments
for Stage I and submit translucent prints to the State for 1
review. These plans will be complete in all respects including
computation of final quantities. ,
2. 3122 After the detail review by the State, Chanhassen's Consultant
shall submit the original plan sheets corrected in accordance '
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I/ MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 , 91 11 32
No .011 P . 07
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with the review comments.
2.3123 Approval and acceptance of the plans will be based on the review
of the completed plans in their final form.
2.3124 Chanhassen's Consultant shall submit a copy
and quantity calculations. These Computationsn 11" practicablfshallcbecsub submitt ed
design
' on 8-1/2" x 11 sheets as far as oed
practicable and bound in a neat
and orderly manner.
2.40
2.41 Chanhassen's Consultant shall design all surface and subsurface
drainage facilities including any pending, if necessary, that are
' required for the project.
2.50 yilities
II2151 For the purpose of this agreement "Utilities" shall
privately, mean and
include all
p y, publicly or cooperatively owned
communication lines and facilities; any system, lines, or
facilities for the distribution or transmission of electrical
energy, gasoline, oil, gas, water, steam, or the exclusive
collection of sewage.
2 .52 The construction plans prepared by Chanhassen's Consultant shall
be complete in respect to the showing
the relocation of utilities, both o f inplace utilities and
privately and publicly owned.
, When designs have reached the state of
progress
on inplace utilities can be determined, Chanhassen's Consultant
effect
shall furnish the State one transparency of each plan and cross-
section sheet showing the inplace utilities and its
recommendations for such protection and relocations as may be
necessary. The final locations of all private utilities will be
determined by the State and the owners, and such information will
be furnished to Chanhassen's Consultant who
shall show locations in the final construction plans iftheinformation is
said new
plans
furnished to it prior to its completion of the plans.
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Feb 07 ,91 11 :34 No .011 P .08
MN DOT GOLDEN VALLEY TEL :612-591-4665
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2.60 Permit
2. 61 After the final design is complete, a field inspection involving
the U.S. Fish and Wildlife Service, Corps of Engineers, the II
Minnesota Department of National Resources, the City of
Chanhassen, and the local watershed districts will be conducted
by Chanhassen's Consultant in conjunction with the State to make
a final determination of permits required for the project. 11
2.62 Chanhassen's Consultant shall prepare and submit permit
applications and secure the necessary federal, state, and local
approval of those permits.
TIc 3.0 - LAWS. REGULA IONS GU DEL N AND STANDARDS
ZPJ4 OF PLAN
3 . 10 Deign_Stan ards
3. 11 In accomplishment of this work, recognition will be given to the II
requirements of the following laws, regulations and guidelines
related to design and the environment. These standards,
regulations or guidelines shall be considered as minimum. Hi gher
,
standards shall be used where it is feasible and economically
sound to do so.
3. 111 Minnesota Statues 161. 171-161.177 inclusive (Municipal Approval) .
3.112 Uniform Relocation Act for Right of Way Acquisition
3.113 U.S. Department of Transportation, Federal Highway
Administration, Federal-Aid Program manuals, including: Book III,
Volume 5, Chapter 2, Section 1, Subsection 1 II Standards
for Federal-Aid Projects) .
3.114 National Environmental Policy Act of 1969 - Public Law 91•.190.
3. 115 Section 4 (f) of Public Lay 89- 670.
3.116 Minnesota Statutes, Section 116D.01 et. seq. (Environmental
Policy Act of 1973) .
3. 117 State of Minnesota, Department of Transportation, Highway Project
Development process.
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MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 ,91 11 :35 No .011 P . 09
1 3.12 Applicable requirements of Division II (Construction Details) of
the Minnesota Department of Transportation "Standard
Specifications for Highway Construction" 1988 Edition or future
editions thereof, on file in the Office of the Commissioner of
' Transportation at St. Paul, Minnesota, and which are made a part
hereof by reference with the same force and effect as though
' fully set forth herein, shall be incorporated into the
preliminary plans prepared by Chanhassen, through its Consultant.
3.13 Where applicable, design details shall conform to those in the
Minnesota Department of Transportation "Road Design Manual",
"Surveying and Mapping Manual", ++Drainage Manual" (5294) ,
"Standard Plans" (5-296) , "Standard Plans", I
Manual", the present modifications thereof, as wellcasnt future
reing
modifications and new editions thereof, which will be issued from
time to time by the Minnesota
Department of .Transportation.
3.14 Insofar as design standards are concerned, it is the intent of
1 this agreement that the plans shall embody the
design
in use by the Minnesota Department of Transportation att the atim
' the design work for the p lans is being e
g performed. If revised
design standards are adopted by the Minnesota Department of
Transportation during the progress of the work on the plans, the
Consultant Agreements Engineer or appointed representative will
at the request of the State, analyze jointly with Chanhassen, the
changes in the plans necessary to comply with the new standards.
said agreed changes will be includes in the plans.
3.20 Forms a
1 3.21 The style and forms of plans including size, weights, and style
of lettering shall be that in use by the Minnesota Department of
' Transportation at the time the work is being performed unless
written permission is given to vary said form and style. The
IIplans shall be prepared on 22" x 34" or 11" x 17" sheets.
3.22 The final submittal of plan sheets shall be on mylar material.
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Feb 07 ,91 1
MN DOT GOLDEN VALLEY TEL :612-591-4665 1 35 No .O11 P . 1O
- 11 3. 23 Cross-section sheets prepared by Chanhassen's Consultant shall be
either computer or hand-plotted. The submitted cross sections '
shall be on the same size sheets as the plan (Section 3.21) . If
hand-plotted they shall be drawn with pencil or India ink on the
best grade of paper sheets having dotted grid lines. The
original ground line shall be inked. The planned sections may be
drafted with pencil.
3 .24 The drafting on the plan sheets and cross section sheets shall be
of such size and quality as will permit reduction to one-half
scale and the making of readable, first class blue line or black
line prints from the reduced size intermediates, including clear
reproduction of grid lines, symbols and legends. The minimum
lettering size for original drafting shall be 0.12 inch. No
adhesive backed material shall remain on any plan sheet. Bar
scales will be used throughout the plan.
3.25 Bridge plans, partially completed and final detail plans
submitted to the State for review and approval shall be positive
reproductions on daizo sensitive translucent paper or polyester ,
base film from which blue line prints can be made.
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IIMN DOT GOLDEN VALLEY TEL :512-591-4665 Feb 07 ,91 11 35 No . 011 P . 11
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$TATF
4.10 Data to he Furnj.shgd
4 . 11 The State, after authorizing the start of the project, shall
furnish the following project related data or materials,use by Chanhassen's Consultant in connection with the
any,
e
' project.
4. 1101 Complete roadway field survey work and mapping, done earlier by
IIthe State.
4.1102 Complete soils boring information and soils recommendation
II letter.
4 . 1103 Any other material or data available for use in
services under this agreement. performing the
i4 . 12 All data furnished to Chanhassen's Consultant by the State
shall
remain the property of the State and shall be returned to the
State when so requested.
4 .20
II Analys s ,nfl Eve].uation of Data b „ th _ r
4.21 Chanhassen's Consultant shall make an analysis of all data and
information furnished by the State. If any data or information
is found to be incorrect or incomplete this fact
should be
brought to the attention of the State before proceedin furth
11 with the part of the project affected. g er
I4.30 Servjcep to rovi
4.31 The State shall be responsible for advising Chanhassen's
11 4.32 of the required pavement design for the project.
4.32 The State shall be responsible for soils investigation and shall
provide boring logs, recommended subeut depths and subgrade
treatments to Chanhassen's Consultant for final design.The State shall acquire all right of way. gn.
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MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 ,91 11 37 No . 011 P . 12
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CTION TIML CHEDVL I SE
5. 10 S_tatina Wow II
5.11 For the services that the State is paying
not start work until it receives written ions to shall II the State. instructions to do so
5.20 Co a lo S edyle II
5.21 Chanhassen's Consultant shall complete all work and services
required under the terms of this agreement .b February '
5.22 The State may extend the time completion periods upon written2•
IIrequest from Chanhassen for delays encountered that are 4.a y and
his control. The amount of such time extension shall be
determined by the Consultant Agreements Engineer of the Minnesota II
Department of Transportation who is authorized to grant such time II
extension by letter to Chanhassen.
CT O s.0 PA MENT T CHANH 38 N
6
II
.10 -- t• ha h.sse f.r Co sul
6. 11 The total - :t - v• - I
payment as reimbursement for consultant services for
Chanhassen shall not exceed $337,000. This amount includes
Chanhassen's portion of the total cost plus a $50,000 contingency II 9 y
amount to be utilized at Mn/DOT's discretion for unforeseen
additional work that could be deemed necessary for this project II
by Mn/DOT. The total costs for Chanhassen
Carver Count . Chaska, Eden Prairie, ;
} , Hennepin County, and Mn/DOT shall be shared as
II
follows:
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MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 , 91 11 37 No .011 P . 13
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Clam ACE .G ,.__
II $ 10,000
Chanhassen
10, 000 Chaska
10,000 Eden Prairie
II 10, 000 Carver County
--lQ Hennepin County
$ 50, 000 Total Share of all Local Agencies
Is 50, 000 Mn/DOT's Matching Share
187, 000 Mn/DOT's Share covering balance of
Chanhassen's Consultant Contract amount.
50 000 Mn/DOT's Discretionary Contin enc
$287, 000 Total Mn/DOT share of this Agreeme Fund
nt
II $337, 000 Total Agreement Amount
plus Mn/DOTS (Local Agencies
The aggregate cost to Chanhassen, Chaska Eden Prairie,II � , Carver
Y, and Hennepin County shall not exceed $ 50,000 as shown
above. Mn/DOT agrees to complete the
cost to Chanhassen, Chaska, Eden PrairProjgct at no additional
Hennepin ie, Carver Count
p County. Y or
II6.12 BLANK
6. 13 A termination of the Chanhassen Consultant Contract as per the
terms of Section 7. 0 such that the final costs to Chanhassen 's
I Consultant totals less than $100,000 shall
agency costs proportional to each agency's result in reduced
a
II p p 9 y s cost obligations
stated as follows:
r
Aaency _42.6.t---st_.._
E
Chanhassen $ 10,000
Chaska 10%
Eden Prairie 10,000 10%
Carver County 10,000 10%10,000 10%
Hennepin County
Mn/DOT 10,000 10%
--19-4M
Totals up to $100, 000 100%
6.14 If it appears
ppears at any time that Chanhassen's Consultant will
exceed the total estimated payment of $287,000, Chanhassen's
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MN DOT GOLDEN VRLLEY TEL :612-591-4665 Feb 07 ,91 11 :38 No . 011 P . 14 ,
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Consultant agrees not to perform any services that would cause
that amount to be exceeded unless Chanhassen's Consultant has
been advised by Chanhassen that the work has been approved by '
Mn/DOT, additional funds have been encumbered and that work may
proceed. '
6.15 If it appears at any time that Chanhassen's Consultant will
exceed the total estimated payment 'of $337,000, Chanhassen's '
Consultant agrees not to perform any services that would cause
that amount to be exceeded unless Chanhassen's Consultant has
been advised by Chanhassen that the additional work has been
approved by Mn/DOT, a supplemental agreement between the agencies
has been issued, additional funds have been encumbered and that
work may proceed.
6.20 invoices - Partial Payments 1
6.21 Each agency's pro rata share shall be paid to Chanhassen when and
as payments are required to be made by Chanhassen to the
Consultant pursuant to the Consultant Contract. Chanhassen may
invoice each agency monthly during the progress of the work for
costs incurred by Chanhassen's Consultant. Such invoice shall
reflect each member agency's share of the payment due.
6.22 Invoices for Mn/DoT's pro rata share shall be signed, and be '
submitted to Mn/DOT's Consultant Agreements Engineer and a copy
submitted to the District Project Manager for approval. 1
6.23 - Each agency will pay 100% of its share of partial payments to
Chanhassen up to its pro rata share of the CONSULTANT contract
cost as stated in 6.11 or in the event of early termination of
the CONSULTANT contract as described in 6.13. Two percent of the
final CONSULTANT cost, will be retained by Mn/DOT pending final ,
audit as stated in 6.30.
6.30 Final Payment I
6.31 Final payment due Chanhassen for the Consultant Services will be
made after acceptance of the work and an audit conducted by the
State. The audit will be conducted in accordance with the cost
principles and procedures set forth in the Federal Acquisition
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IIMN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 , 91 11 38 No . 011 P . 15
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Regulations, 48CFR 1-13 .6 (Grants and Contracts with State and
Local Governments) and 48CFR 1-31.2 (Contracts with Commercial
Organizations) , which are made .a part hereof by reference with
the same force and effect as though fully set forth herein.
6.32 Based upon final audit, final payments to Chanhassen may exceed
r the agreement total as defined in 6.11 without a supplemental
agreement.
6.40 progress Reports
6.41 Chanhassen's Consultant shall submit monthly reports to the State
' and Chanhassen showing progress of the work. A copy of the
reports form to be used by Chanhassen's Consultant will be
submitted to the State for approval.
$ECTIoN 7.0 - TERMINAT-4N. DISPUTE AND $O,-BMiTTAL OF _PQNTRACT
poCUMENTS
7. 10 Termination an& Dispute
7. 11 The agreement may be terminated by either the State or Chanhassen
' at any time upon written notice to all
parties hereto. In the
event that such termination should take place at a time other
than the completion of the work to be performed under the
' agreement, Chanhassen shall be paid for the work performed to
date of termination, demobilization costs, and contract closing
costs, and (if applicable) a portion of the fixed fee which will
be determined by the stage of completion of the total work. The
total payment will be determined by mutual agreement between the
State and Chanhassen. The total payment for the reduced quantity
of work, demobilization expense and contract closing costs will
not exceed the total payments as set forth in the original
agreement or succeeding supplements. A supplemental agreement
shall be executed setting forth the reduced amount of
compensation Chanhassen shall receive. Chanhassen may exercise
those legal remedies as may be available to it in connection with
any dispute arising out of this agreement which cannot be settled
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Feb 07 ,91 11 :39 No .011 P . 16
MN DOT GOLDEN VALLEY TEL :612-591-4665
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by the parties hereto by supplemental agreement.
7.20 Submittal of Contract Documents
7.21 The original of all drawings, work sheets, plans, field notes,
computations and other project data shall be turned over to the
State as follows:
7.211 upon written notice of termination of the agreement. '
7.212 Prior to final settlement of a dispute arising out of this
agreement.
7.213 Prior to final payment of the ultimate gross amount due.
SECTION 8.0 - c0MPLIANCE WITH LAWS ,
8.10 Chanhassen's Consultant shall comply with all Federal, State and
Local laws, together with all ordinances and regulations '
applicable to the work. Chanhassen's Consultant shall procure
all licenses, permits, or other rights necessary for the I
fulfillment of Chanhassen's obligations under this agreement. _
SECTION STRATION
9.10 Plans, designs, reports and specifications shall be prepared by
or under the. direct supervision of a professional engineer,
architect or land surveyor as applicable, registered in the State
of Minnesota. The plans, designs, reports and specifications '
shall be certified as required by law.
SECTION 10,0 - eONFERENCEs
10.10 Chanhassen's Consultant shall confer with the State as often as
is necessary in regard to the work to be done under this MI
agreement and perform the travel necessary for such conferences.
When requested by the State, Chanhassen shall also assist the 11
State in negotiations with other interested parties.
I
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IMN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 ,91 11 39 No . 011 P
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IISECTION li.o - N$PECTTnu
1 11. 10 Duly authorized representatives of the State and the Federal
Highway Administration shall have the right to inspect the work
of Chanhassen and its Consultant whenever they deem it necessary,
provided that reasonable notice is given and the i
during normal working hours. inspection is
alglaZiata._=-ELYELATILEi
I12. 10 The services of Chanhassen's hanhassen s Consultant to be performed hereunder
are personal and shall not be assigned, sublet, or transferred
unless written authority to do so is granted by the State. This
written consent shall in no way relieve Chanhassen's Consultant
' from the primary responsibility for performance of the work
State does recognize and approve the use of Chanhassen's The
' Consultant, Barton-Aschman Associates, Inc. for the services to
be provided under this agreement.
• re 12. 12 All subconsultant agreements exceeding 9 $10,000 shall contain all
provisions of this agreement.
I 5BSTION 134, - .LAIM$
13 . 10 �nhas sen Kaska Eden v,-A t •
bounty Enrol ps -Carver- °u Y,.-and Hennepin
- 13.11 Any and all employees of Chanhassen, Chaska, Eden Prairie, Carver
County, and Hennepin County or other persons while engaged in the
performance of any work or services required by Chanhassen,
Chaska, Eden Prairie, Carver County, and Hennepin County under
this agreement shall not be considered employees of the State,
and any and all claims that may or might arise under the Worker's
Compensation Act of Minnesota on behalf of said employees or
other persons while so engaged, and any and all claims made by
any third party as a consequence of any act or omission on the
part of Chanhassen's, Chaska's, Eden Prairie's, Carver County's,
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MN DOT GOLDEN VRLLEY TEL :612-591-4665 Feb 07 ,91 11 41 No .011 P . 18 11
and Hennepin County's employees or other persons while so engaged 11
on any of the work or services to be rendered shall in no way be
the obligation or responsibility of the State. •
13.20 es o sibility for m
Ala s and, _b
13.21 Chanhassen warrants that the following
in its agreement with Chanhassen's Consultant:
aph will be included
Chanhassen's Consultant indemnifies, saves and holds
harmless the State, the Coalition, Chanhassen,Prairie, Carver County, and Hennepin Countyhanda,
any officers, agents or employees thereof from any and
all claims, demands, actions or causes of action of
whatsoever nature or character arising out of or by
reason of the execution or performance of the work of
Chanhassen's Consultant provided for under this
agreement.
ANIMPA-1.4.1.1._=-OnliNUNT PEE
14. 10 Chanhassen warrants that the following
in its agreement with Chanhassen's Consultant:
aph will be included
14. 11 Chanhassen's Consultant warrants that it has not
employed or retained any company or person, other
than bona tide employees working solely for
Chanhassen's Consultant to solicit or secure this
contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide Mi
employee working solely for them, any fee,
commission, percentage, brokerage fee, gifts or
any other consideration, contingent upon or
resulting from the award or making of the
agreement. For breach or violation of this
warranty the State shall have the right to annul
this agreement without liability or, in its
discretion, to deduct from the contract price or
consideration, or otherwise recover, the full
amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
•
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lilt MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 ,91 11 :41 No . 011 P . 19
•
li I 5.0 N .RIMY t •
15.0 The provisions
II of Minnesota Statute 181
ordinance relating to civil rights 181.59 and of any applicable
g g and discrimination shall be
considered part of this agreement as if fully set fort
15. 1 Chanhassen warrants that the h herein•
be included in its agreement proceeding section, 15.0, will also
I - • with its Consultant.
6 0 - F+ ; - _ c .
111 16. 10 gdyanc rn ...
16. 11 At the request II quest of the State, Chanhassen's Consultant shall
furnish to the State during
information or data in such detail ms °f the work such
design
I the State to carry aY be required to enable
ry out or to proceed with related
project not covered by this Agreement, or which may be n e e the
ss
II to enable the State to furnish information to Chanhassen uppon onary
which to proceed with further work.
II - T ' , 7 - j .N NC OF D.C.• T,
I1 17.10 -------
17.11 Chanhassan's Consultant shall
m
II papers, accounting records andatherie all books, documents,
incurred in connection with work and vidence pertaining to coats `
I hereunder. Chanhassen'a Consult nteharvices performed '
available at its of shall make such material.
office at all reasonable times during the
contract period and for three
I years from the date of final
Payment under this agreement for inspection by
Federal Highway Administration or any Y the State, the
I
—
of the Federal Government and copies thereof be furnished n
upon request. be
1
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MN DOT GOLDEN VRLLEY TEL :612-591-4665 Feb 07 ,91 11 42 No .011 P .20
Y 18 r •• s OF. m s g. REI II
18.10
18. 11 All designs, reports and copies II
the p es °f design computations shall
property of the State who shall have the right to use II
any and all of said plans or designs for this intended public
purpose.
I18.12 Chanhassen's Consultant will make its employe
in the work available Burin es who are engaged
g construction to answer questions
I
about the plans as designed.
will not constitute extra Such
time on the Consultants part
warranted. additional compensation is
il
f _ .0 CY 0 igQR
19.10 -------
19. 11 Chanhassen 's Consultant shall be responsible work and shall p onsi ble for the accuracy-
the of
11 promptly make necessary revisions or y
corrections resulting from errors and omissions
without additional compensation. A°C on their part II
State will Acceptance of the work by the
relieve Chanhassen's Consultant of the
responsibility for subse not reli II
the clarification of any�mbi correction of any such errors and
ambiguities. I
P O
II20.10 ---
20•11 Before this agreement shall become b '
shall be approved by resolution of g and effective, it II
indin
Chanhassen the City the City Council of
y Council of Eden Prairie, •
Chaska, the Carver county Board of Co the City council of
County Board of Commissioners, and receive the Hennepin
State officers as the law may he approval of such I
Commissioner Y require in addition to the
of Transportation.
I
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MN DOT GOLDEN VRLLEY TEL :512-591-4655 Feb 07 91 11 :42 No .011 P .21
MnDOT Agreement No. 67724
I
Department of Transportations
IAttorney General:
Y as to form and execution:
' Title
Date By
Department of Administration:
Department of Finance:
I BY
(Authorized Signature) By
I (Encuiaberance Center
Date Authorized Signature)
Date
I
(
1
1
(
1
21
U
• 612 591 4665
MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 ,91 11 42 No .011 P .22
•
Mn 1
DOT Agreement. 67724
The following Local Agencies, by and through their Boards of Commissioners 1
and City Councils, respectively, have agreed to be bound by the provisions
of this contract and have authorized their respective officers to execute
it in the places provided below.
Hennepin County Board of
Commissioners
Date:
By
Chair
•
Date: _ And
Associate/Deputy
County Administrator
Attest:
-Date:
Clerk of County Board ,
Approved as to form and legality
Date: By
Assistant Hennepin
County Attorney I
1
1
1
I
1
22 1
I
612 591 4665
MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 ,91 11 :42 No .011 P .23
MnDOT Agreement
No. 67724
Carver County
IIDate:
By
' Date: County Chairman
By
County Administrator
IApproved as form:
Date:
By
' County Attorney
City of Chanhassen
Late:
By
Date: Mayor
By
' C tY Manager
I
City of Chaska
Date:
By
)ate: Mayor
By
City Adm nistrator
1
1
1
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,....+41!..v W..tlp ww•w•q •r..r«, AM.d ..r... , �O •
612 591 4665
MN DOT GOLDEN VALLEY TEL :612-591-4665 Feb 07 ,91 11 :42 No .011 P .24
. MnDOT Agreement No. 67 1
724
List of Exhibits
Exhibit A Resolution No.
Commissioners of , dated ► 199,1 b the B of
Hennepin County, approving'this Agreement.
Exhibit B Resolution No. dated
1991 by of of Carvunt Y. approving thisAgremr
'
Exhibit C Resolution No.
of the City of Chanhasseed 1991, b
� app�'ov�.nq this Agreement.
City Council ,
Exhibit D Resolution No. � �
of the City dated , 1991,
Y of Chaska, approving this Agreement.
the City Council
greement.
Exhibit E Resolution No.
of the City of Ede pr�irie • 1991 b
� approving this Agreement.
Council
11
: 1
1
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i