1e. Agreement No. 3 for Hwy 212 EIS joint powers MnDOT I
I
CITY OF --...
,..
.,
i CHANHASSEN
V, y —
'` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
' _ (612) 937-1900 • FAX (612) 937-5739 Action by CO Administrator l
i;irsorsed V J
I MEMORANDUM -Modified
Rejected
TO: Don Ashworth, City Manager Date 4- 24-90
I Date Submitted to Commission
FROM: Gary Warren, City Engineer
Date Submitted to Council
DATE: June 21 , 1990 (p -.6"'-70
ISUBJ: Approve Supplemental Agreement No. 3 for Trunk Highway 212
EIS Joint Powers Agreement, MnDOT
IFile No. PW067H
The attached Supplemental Agreement No. 3 for the Trunk Highway
I
212 Environmental Impact Statement has been prepared to address
the additional work elements which the consultant has been
required to do by MnDOT and the Technical Advisory Committee.
I Extensive comments received and made by MnDOT and additional data
collection and analysis were required primarily related to noise
impacts which were beyond the original scoping of the project.
IThe Supplemental Agreement establishes a new contract ceiling for
the consultant of $520,030. This supplement does not increase
the City's financial obligation which remains at $30,000 . As
I noted in the attached agreement, MnDOT is responsible for any
additional expenses beyond the maximum obligation shares of the
respective communities and agencies.
IIt is therefore recommended that the attached Supplemental
Agreement No. 3 to the Trunk Highway 212 EIS Agreement No. 64140
I be approved and authorized for execution.
ktm
I Attachments: 1. May 30, 1990 letter from Carver County.
2 . May 24, 1990 letter from MnDOT.
3. Supplemental Engineering Agreement No. 3
1
1
I
CARVER COUNTY COURTHOUSE
=�• 600 EAST 4TH STREET
PUBLIC WORKS DEPARTMENT
(612) 448-3435 A CHASKA,MINNESOTA 55318
COUNTY OF CAINE :2
May 30, 1990 N oo
i
Mr. Gary Warren •
City Engineer
' City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Re: T.H. 212 E.I.S. •
Agreement No. 64140
Supplement No. 3
1 Dear Mr. Warren:
' Enclosed is a copy of Mr. Sohlo's letter dated May 24, 1990,
regarding supplement number 3 to the T.H. 212 E.I.S. joint powers
agreement. Also, a copy of the proposed supplement number 3 is
' sent herewith.
Please advance consideration of this supplement through your agency
as was done with supplement number 2. The ten copies of supplement
' number 3 will be circulated among the agencies for signature as was
done with supplement number 2 upon approval and execution by Carver
County.
If you have questions, please contact me at your convenience.
Since ly,
ogerM. Gusts son, P.E. ��'}� r
County Engineer SSEN
PREIM
' RMG/cjr MAY 3 1 1990
•1 ENGINEERING DEPT.
1
Affirmative Action/Equal Opportunity Employer
•
HESO - ; I
it 1"
a io - Minnesota Department of Transportation / . "
• Transportation Building, St. Paul,MN 55155 M NNESOTA1990
i
is
I
May 24, 1990 297-1197
Mr. Roger M. Gustafson
1
Carver County Engineer k:.(:'
Carver County Courthouse - /04‘4:../
600 East 4th Street ' `) I � I
J
Chaska, Minnesota 55318
T.H. 212 Environmental Impact Statement
II
Agreement No. 64140 Supplement No. 3 -
Dear Mr. Gustafson: 1
Enclosed are ten copies of the proposed supplemental agreement that
provides for the additional services for the T.H. 212 Environmental
Impact Statement as referenced above. Contrary to our phone conservation 1
on May 16th, we are sending the actual supplement to you for signatures,
not "draft copies" as originally discussed. We have discovered, since
our phone conversation, that we will have no problems processing this I
supplemental agreement in regards to the Fiscal Year cut-off of June 30th.
If you have any questions regarding this change, please contact me.
Please forward this agreement to the County Board of Commissioners for I
- its approval and execution by the authorized County officers. All ten
copies of the agreement must have original signatures and be affixed with
the County Seal: When all ten copies of the agreement have been executed II
by the County, please secure the signatures of each of the other County,
the Municipalities and the Metropolitan Council.
When all ten copies of the agreement have been executed, please return 1
all of the copies to Mr. Gabriel S. Bodoczy; Consultant Agreements
Engineer, Room 720S, Transportation Building, St. Paul, Minnesota 55155 II
along with a copy of a resolution passed by each of the City Councils,
County Boards and the Metropolitan Council authorizing their officers to
sign the agreements on their behalf.
A copy of the agreement will be furnished to all of the Cities, Counties 1
and the Metropolitan Council when it has been fully executed by the State.
Sincerely, - I
cam%3 j�%(Q,Aurti iC - - cc: Evan Green
File I
Marvin L. Sohlo
Asst. Consultant Agreements Engineer - • •
Enclosures 1
_ 1
An Equal Opportunity Employer
1
•
CONSULTANT AGREEMENTS AMENDMENT TO
1!
SECTION „AAGREEMENT
64140
1
MINNESOTA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
TECHNICAL SERVICES
Supplement No. 3 to
Agreement No. 64140
' The State of Minnesota,
Department of Transportation, and
The County of Carver _
Re: T.H. 212 Environmental Impact Statement
SUPPLEMENTAL
ENGINEERING AGREEMENT NO. 3
THIS SUPPLEMENTAL AGREEMENT made and entered into by and between the
' State of. Minnesota, Department of Transportation (Mn/DOT) , the
Metropolitan Council, Carver County, Hennepin County, the City of
Chanhassen, the City of Eden Prairie, and the City of Chaska •
hereinafter referred to as the "Agencies".
WITNESSETH:
1
' WHEREAS, the Agencies did enter into Agreement No. 64140 and
Supplement No. 1 and No. 2, whereby the Agencies did agree to
participate and cooperate in the preparation and completion of the
T.H. 212 Environmental Impact Statement and Design Study Report; and
•
1
' WHEREAS, it was determined that a consultanting firm would be
selected by the Agencies' Task Force and hired by Carver County,
I
I
1 .
lr
page 2 64140-3 1
to prepare the Environmental Impact Statement and Design Study
Report; and
WHEREAS, a contract was executed with a consultawting firm and a sub-
stantial portion of the required scope of work has been completed; and II
WHEREAS, additional writing and revisions have been necessary on the
Draft Environmental Impact Statement due to extensive comments made by
Mn/DOT beyond the originally anticipated level; and
i
WHEREAS, following review of the preliminary Draft EIS it has been
determined by Mn/DOT that additional data collection and analysis will
be necessary, primarily related to noise impacts, beyond the level
originally anticipated; and 1
1
WHEREAS, the analysis and documentation, for this project in
general, has been much more extensive than originally expected; and
WHEREAS, the consultant has been requested to conduct the necessary
data collection, analysis and research, and provide the required 1
documentation for the potentially impacted sites along the corridor; and
1
WHEREAS, it was agreed in Section 2.01 of Agreement No. 64140, that
all expenses for the study exceeding $320,000 would be the 1
responsibility of Mn/DOT; and
i
1
1
li- '
page 3 64140-3
-WHEREAS, Mn/DOT has previously egreed to reimburse Carver -County
for all expenses incurred for Supplement No. 1 and Info. 2 to Agreement
r
No. 64140, to a maximum amount of $175,000.00; and
11
j - WHEREAS, the Mn/DOT has reviewed the proposed costs to perform the
additional services and have found the costs to be fair and
_' reasonable; and
WHEREAS, the Minnesota Department of Transportation is obligated to
ireimburse Carver County for necessary payments to the consultant for
the additional work requested.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I
IREVISION SECTION 2.0 - CONTRACT ADMINISTRATION
Sections 2.01 and 2.02 should be revised to the following:
' 2.01 The consultant contract shall not exceed $520,030 and shall
be approved by a majority vote of the T.H. 212 Task Force
prior to execution by Carver County and the consultant. If
it appears at any time that the payments to the consultant
," will exceed a total estimated payment of $520,030 for the
project, the consultant shall not perform any services that
I would cause that amount to be exceeded unless the consultant
has been advised by Carver County that the additional funds
have been encumbered by Mn/DOT. However, the total amount to
be paid to the consultant shall not exceed the sum of $582,000
I without an additional supplemental agreement being executed
between the Agencies. The costs to the municipalities, the
counties, and the Metropolitan Council shall not exceed
II $200,000.00 and shall be shared as follows:
II 1
II
II .
page 4 64140-3
II
1 AGENCY COST
City' of Chanhassen $ 30,000
II
City of Chaska $ 30,000
City of Eden Prairie $ 30,000
Carver County $ 30,000
II
Hennepin County $ 30,000
Metropolitan Council $ 50,000
Mn/DOT $ 320,030 (382,000 max) '
$ 520,030 (582,000 max)
Should the final cost of the study exceed $582,000, the
Minnesota Department of Transportation agrees to complete the
II
Environmental Impact Statement and Design Study Report at no
additional cost to the agency members listed below:
City of Chanhassen Carver County I
City of Chaska Hennepin County
City of Eden Prairie Metropolitan Council
I
A final contract cost of less than $582,000 shall result in
II
reduced agency costs proportional to each agency's cost
obligations stated as follows:
For Costs/ up $320,000: MAXIMUM $ PERCENTAGE I
OBLIGATION OBLIGATION
Chanhassen $ 30,000 9.375 %
Chaska $ 30,000 9.375 %
I
Eden Prairie $ 30,000 9.375 %
Carver County $ 30,000 9.375 %
Hennepin County $ 30,000 9.375 % II Metropolitan Council $ 50,000 15.625 %
Mn/DOT $ 120,000 37.500 %
Subtotal: $ 320,000 100.000 % II
For Costs exceeding $320,000, up a maximum of $582,000:
Mn/DOT $ 262,000 100.000 %
• TOTAL: $ 582,000 (Maximum without additional
II
supplemental agreement)
II
1
1
1
II
page 5 64140-3
2.02 Each agency's pro rata share, as defined in Section 2.01,
shall be paid to Carver County as contracting agent, from
time to time when and as payments are required to be made by
Carver County to the consultant firm pursuant to the contract.
11 Carver County shall invoice each Agency from time to time as
payments are required to be made to the consultant firm. Such
invoices shall reflect each member Agency's share of the
payment due and shall be paid within 35 days from receipt of
the invoice.
4
.'
STATUS OF ORIGINAL AGREEMENT
' Except as amended and modified herein, the term of said
Agreement No. 64140 and Supplement No. 1 and No. 2 shall
' remain in full force and effect. •
APPROVALS
' Before this Supplemental Agreement shall become binding and
effective, it shall receive the approval of such State Officers
' as the law may provide, in addition to the Commissioner of
' Transportation.
•
I
. 1
- • _ _
STATE OF XINNESOTA:
11
Approved:
Department of Transportation:
11
By:
Title:
Date:
As to form and execution by the
Attorney General:
By:
Title:
Department of Administration:
By:
Title:
Date:
Department of Finance:
By:
Title:
Date:
4,
-- - -
II The participating governmental agencies having signed this
supplemental contract and the Hennepin County Board of
Commissioners having duly approved this supplemental contract on
the day of , 1989, and pursuant to such approval
and the proper County Officials having signed this supplemental
contract the parties hereto agree to be bound by the provisions
herein set forth.
1
HENNEPIN COUNTY BOARD OF COMMISSIONERS
II
By:
Chair
II
and
IIAssociate Deputy County Administrator
•
IIATTEST:
By: •
II By:
Clerk of County Board
IAPPROVED AS TO LEGALITY FORM:
I By:
Assistant Hennepin County Attorney
II Date:
II
II
I
I
I
I
CARVER COUNTY I
By:
• County Chairman County Administrator
Date: Date: 1
APPROVED AS TO FORM: ,
By:
County Attorney
Date: ,
1
1
1
1
1
1
i?
ii . _ - _
till METROPOLITAN COUNCIL
i
II
_By: By:
Council Chair Executive Director
Date: Date:
II
IIAPPROVED AS TO FORM:
II By:
Metropolitan Council Legal Counsel
I Date:
•
II
1
II
II
II
I
I .
MUNICIPALITIES I
City of Chanhassen ,
By: By:
Mayor City Manager
Date: Date: I
1
City of Eden Prairie
a
By: By:
Mayor City Manager
Date: Date:
1
City of Chaska '
By: By: 1
Mayor City Manager
Date: Date: '
1
. 1