1b. Agreement with MnDOT for Hwy 5 improvements 1 CITY OF, ,
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I MEMORANDUM
Rejects::
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TO: Don Ashworth, City Manager Date 3utmittod to CommhsfoR
1 FROM: Gary Warren, City Engineer „ ”
DATE: May 30, 1990 L _ U
SUBJ: Approve Cooperative Agreement with MnDOT for Trunk
Highway 5 Improvements, Project 88-28A; S.P. 2701-40
1 As you are aware, the City is undertaking a public improvement
project to construct Lake Drive East from Dakota Avenue to Dell
11 Road. As part of the Trunk Highway 5 improvements, the staff
approved layout from MnDOT called for the reconstruction of Lake
Drive East along the south side of TH 5 to Dell Road. This is
1 being done by MnDOT in recognition of the access control they
needed along Highway 5 and the Kerber and Innovative Industries
parcels across from The Press building, whose access they were
severing.
IThe attached Cooperative Agreement has been prepared by MnDOT to
recognize the state's share of the Lake Drive East road
I construction work. Since the City is constructing this project on
the state's behalf, we are entitled to reimbursement for a portion
of the project costs. The amount of reimbursement totals $145,091
I and has been calculated based on state cost sharing policy. The
enclosed sheet dated November 24, 1989 summarizes the calculation
used by the state. The : cost _= irludes an 8% construction
engineering reimbursement as well. _ q . .ry
In order for the City to award its Lake Drive East project and not
jeopardize reimbursement, the state has indicated that the attached
I Cooperative Construction Agreement oust he approved and executed by
the City.
IAssuming a $930,000 total project cost (low bid +30%) , the project
funding would be as follows:
$145,000 MnDOT
I $180,000 Tax Increment/G.O.
$605,000 Assessments
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Mr. Don Ashworth
May 30, 1990
Page 2
The City Attorney has reviewed the attached agreement and found it
is approvable as to form. The cost participation calculation is
consistent with previous discussions and agreements with the state
on this project. It is therefore recommended that the attached
Cooperative Construction Agreement between the State of Minnesota
Department of Transportation and the City of Chanhassen, Agreement
' No. 67-180, be approved and authorized for execution.
Attachment: 1. Agreement
2. Cost Calculation Sheet
' 3. Letter from City Attorney dated May 25, 1990
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AGREEMENT STATE OF MINNESOTA AGREEMENT NO.
SERVICES DEPARTMENT OF TRANSPORTATION
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT 67180
•
S.P. 2701-40 (T.H. 5=121)
State Funds
ORIGINAL
Agreement between AMOUNT ENCUMBERED
The State of Minnesota
Department of Transportation, and $145,091 .00
The City of Chanhassen
Re: State lump sum cost Lake Drive East
construction by the City along T.H. 5 AMOUNT
from Dakota Ave. to Dell Road in RECEIVABLE
Chanhassen
(None)
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THIS AGREEMENT is made and entered into by and between the State
of Minnesota, Department of Transportation, hereinafter referred
to as the "State" and the City of Chanhassen, Minnesota, acting
by and through its City Council, hereinafter referred to as the
"City" . 1
CITY OF CHANHASSEN
R SHCiki ®
MAY `' 11990 1
ENGINEERING DEPT.
111 ,
67180
' WHEREAS the State has prepared plans for the reconstruction of
Trunk Highway No. 5 from County Road No. 17 (Powers Boulevard) in
the City to County State Aid Highway No. 4 (Eden Prairie Road) in
the City of Eden Prairie; and
' WHEREAS that Trunk Highway No. 5 reconstruction project included
the reconstruction of Lake Drive East along the south side of
' Trunk Highway No. 5 from a point approximately 1,000 feet east of
Dakota Avenue to Dell Road (West 184th Avenue) within the
' corporate City limits; and
WHEREAS the City preferred that the typical section and alignment
of Lake Drive East differ from that shown on the State 's Trunk
Highway No. 5 Staff Approved Layout No. 1C dated
February 6 , 1989; and
' WHEREAS Minnesota Statute section 161.20, subdivision 2
authorizes the Commissioner of Transportation to make
arrangements with and cooperate with any governmental authority
for the purpose of constructing, maintaining and improving the
trunk highway system; and
' WHEREAS the State and the City mutually agreed that the City
would design, let and construct Lake Drive East using the typical
section and alignment preferred by the City; and
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67180 1
WHEREAS the State and the City mutually agreed that the State ,
would pay the City a lump sum amount, as hereinafter set forth,
for the Lake Drive East reconstruction based on the design as
shown in the State's Trunk Highway No. 5 staff approved layout; '
and
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WHEREAS the City is about to perform the Lake Drive East
reconstruction along the south side of Trunk Highway No. 5 from 1
Dakota Avenue to Dell Road (West 184th Avenue) within the
corporate City limits in accordance with City plans,
specifications and/or special provisions designated by the City 1
as City Project No. 89-6 and by the State as State Project No.
2701-40 (T.H. 5=121) . '
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - PAYMENT BY THE STATE
The State shall pay to the City, as the State 's full and complete '
share of the costs of the Lake Drive East construction to be
performed along the south side of Trunk Highway No. 5 from a
point approximately 1,000 feet east of Dakota Avenue to Dell Road ,
(West 184th Avenue) within the corporate City limits under City
Project No. 89-6 and State Project No. 2701-40 (T.H. 5=121) , the ,
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11 67180
lump sum amount of $145, 091 . 00 after the following conditions
have been met:
I . Encumbrance by the State of an amount equal to $145,091.00
' for the Lake Drive East construction.
' 2 . Full and complete execution of this agreement and the
State 's transmittal of same to the City.
' 3 . Receipt by the State of a written request from the City for
the lump sum payment of $145, 091. 00 . The request shall include
' certification by the City that the Lake Drive East construction
contract has been executed by all necessary parties .
ARTICLE II - GENERAL PROVISIONS
' Section A. City Responsibilities
' Upon satisfactory completion of the Lake Drive East construction
to be performed within the corporate City limits under the
' construction contract, the City shall accept full and total
responsibility and all obligations and liabilities arising out of
' or by reason of the use, maintenance and/or reconstruction of
that portion of Lake Drive East and all of the facilities a part
thereof, without cost or expense to the State.
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67180 1
Section B. Additional Drainage '
Neither party to this agreement shall drain any additional
drainage 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 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 Engineer at Golden Valley and is made a part
hereof by reference with the same force and effect as though '
fully set, forth herein.
Section C. Claims '
The City at its own sole cost and expense shall defend,
indemnify, save and hold harmless the State and all of its
agents, officers and employees of and from all claims, demands,
proceedings, actions or causes of action of whatsoever nature or
character arising out of or by reason of contract construction, '
construction engineering and/or maintenance covered under this
agreement including an action or claim which alleges negligence ,
of the State, its agents, officers and employees .
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II67180
IAll employees of the City and all other persons employed by the
City in the performance of contract construction, construction
Iengineering and/or maintenance covered under this agreement shall
Inot be considered employees of the State. All claims that arise
under the Worker' s Compensation Act of the State of Minnesota on
Ibehalf of the employees while so engaged and all claims made by
any third parties as a consequence of any act or omission on the
Ipart of the employees while so engaged on contract construction,
Iconstruction engineering and/or maintenance covered under this
agreement shall in no way be the obligation or responsibility of
Ithe State.
ISection D'. Nondiscrimination
The provisions of Minnesota Statute section 181.59 and of any
Iapplicable ordinance relating to civil rights and discrimination
shall be considered part of this agreement as if fully set forth
Iherein.
Section E. Agreement Approval
IBefore this agreement shall become binding and effective, it
shall be approved by a City Council resolution and receive
Iapproval of State and City officers as the law may provide in
addition to the Commissioner of Transportation or his authorized
representative.
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67180
IN TESTIMONY WHEREOF the parties have executed this agreement by their '
authorized officers .
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DEPARTMENT OF TRANSPORTATION CITY OF CHANHASSEN
Recommended for approval:
By
By Mayor
1.1).3: Aut. Director
Agreement Services Section Date
By B
Y Y
District Engineer City Manager
Date
By
Deputy Division Director
Technical Services Division
DEPARTMENT OF ADMINISTRATION
Approved:
Approved:
By 1
Deputy Commissioner By
of Transportation (Authorized Signature) '
Date Date
(Date of Agreement)
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Special Assistant Attorney General
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
(612) 456-9539 I
Gary G. Fuchs Facsimile(612) 456-9542
James R. Walston
Elliott B. Knetsch
Dennis J. Unger
May 25, 1990
Mr. Gary Warren '
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317 '
RE: Cooperative Agreement Between
MnDOT and Chanhassen for Lake Drive East
Dear Gary:
This is to confirm that I have reviewed and approved the
form of the above agreement. If anyone is injured because of
design problems, the City will be responsible.
Very truly yours,
CAMPB _ •N, SCOTT
S, P.A.
BY:
Roger N. Knutson
RNK:srn
CITY
` wry ANHASSE
MAY ti; 1g90 '
ENGINEERING DEPT.
Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122