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1e2. Hwy 5 Cooperative Agreement for Hennepin County Segment CITY OF CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 1 MEMORANDUM TO: Don Ashworth, City/ Manager 1 FROM: Gary Warren, City Engineer 1 DATE: July 18 , 1990 SUBJ: Approve Cooperative Agreement for S.P. 2701-34 and 1002-58, City Project No. 88-28A-1 1 On July 9, 1990 , the City Council approved the cooperative 1 agreement for signalization of the Dell Road intersection of Trunk Highway 5 . Attached is the second cooperative agreement for this project which reflects the cost participation 1 obligations of the City as it relates to the actual highway construction improvements . By MnDOT policy, the City is responsible for its proportionate share of storm water drainage which is conveyed via MnDOT culverts which are constructed with 1 this project which is an element of the cost reimbursement. Similarly, the City Council has requested that MnDOT include some utility construction such as the extension of the 12-inch 1 watermain on Dell Road south of Highway 5 to connect with the City' s main being construction currently on Lake Drive East. The concrete sidewalk proposed for construction on the west side of Dell Road also is an element of the reimbursement. A preliminary 1 estimate of the City 's cost participation on this project is $77 ,399 . 1 At the time of the writing of the staff report, staff had still not been provided with a copy of the cooperative agreement. This has been promised by MnDOT and may be attached to this staff report if available. In the interest of not delaying the letting of the construction project, staff will be reviewing the contract when available in detail and noting any exceptions or concerns with the contract at Monday night 's meeting. 1 I apologize for the clumsiness of this approach but it is based on the premise that 1 ) I know the Council is interested in 1 continuing to see that this project does not slip in schedule and that the letting does occur on July 27; and 2) that the cooperative agreement should be consistent with the negotiations which have taken place during the design of these improvements and is pretty much consistent with MnDOT policy which is somewhat 1 1 Don Ashworth July 18 , 1990 Page 2 inflexible on these matters. It is therefore recommended that 1 the cooperative agreement for S.P. 1002-58 and 2701-34 be approved and authorized for execution. ktm Attachments: 1 . Cooperative Agreement. 1 2 . March 28 , 1990 letter to MnDOT. 3 . Resolution No. 97-27B requesting cooperative agreement. c: Mike Spielmann , MnDOT Manager ' s Comment Funding for this project was established as a part of our Economic Development District, i .e. Trunk Highway 101 1 Realignment. -pwA/k, 1 1 1 1 1 1 1 1 1 1 07 - 19 - 90 11 : 48AM DEPT. OF TRANSPORTATION PO2./24R1 I 1 PRE,LETTING I PREVES STATE OF MINNESOTA AGREEMENT NO. SECTION DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT 6702 6 S.P. 2701-34 (T.H. 5=121) Fed. Proj . F 014-3 (41) Agreement between The State of Minnesota AMOUNT ENCUMBERED Department of Transportation, and The City of Chanhassen None ' Re: City cost unlit Y, storm sewer, bike ESTIMATED AMOUNT path and walk cunstruction by the State on T.R. 5 from the West RECEIVABLE ' Hennepin County line to West 184th Avenue in Chanhassen 86 895.45 'PHIS AGREEMENT is made and entered ' ntered 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 i "city" . h I II 67026 WITNESSETH: ' WHEREAS the State is about tv perform concrete and bituminous surfacing, box culvert ' , utility, bridge and traffic signal construction and other associated construction upon, along ' adjacent to Trunk Highway No. 5 from and Engineer Station 992+10 to Engineer Station 1003+40 (a portion of roadway and approximate) 0. of a mile in len th Y 2 9 approximately half a mile east of County State Aid Highway No, 17) and from Engineer Station 1054+27 (the boundary between C 1064+27.98 Carver County and Hennepin County) to ' Engineer Station 1143+90 (at County State Aid Highway No. 4 )with State plans, specifications and/or s ecia ) in provisions designated as State Projects No. 1002-5n T- 1 _ No. 1002 10010 (T.H. ( H• 5 -121) , .H. 5=121) and No. 2701-34 (T.H. 5$121 ) and in the records of the Federal Highway Administration as Minnesota Project F 014-3 (41) ; and WHEREAS at the City's request the State included in its contract the bike path construction to be performed along and ad •ac the north side of Trunk 7 ant to Highway No. 5 and the concrete walk construction to be performed along and adjacent to the west side ' of West 184th Avenue (Dell i Road) ; and I/ 1 2- 11 11 67026 I WHEREAS due to the Trunk Highway No. 5 construction it is necessary to perform certain City-owned Y- utility facilities Construction; and WHEREAS the construction contract includes the construction of storm sewer facilities which nollect ' and convey storm water drainage fzum both trunk highway 9 y right-of-way and adjacent City property; and WH$RLAS the City has expressed its willingness • to i participate the costs of tha bike p n , path, concrete walk, utility storm sewer fAr.ilitica construction and other facilities and r associated construction as hpreinarter set forth; and WHEREAS in connection with tho Trunk Highway No. 5 contract Construction to be performed nndo.r State Project No. 27 ' 01-34 (T.H. .5'-121) , the construction of a traffic control signal, system will be covered under Traffic Control y trot signal Agreement No. 67390 between the State, the City and the City of Eden prairie; the construction of certain sanitary sewer facilities will be covered under Agency Relocation between the Agreement No. 67066R b , g State and the Metropolitan Waste Control Commission; and the Construction of certain Trunk Highway No Y . 5 facilities will be -3- 07 _ 19 _ 90 11 : 50A1\I DEPT. OF TRANSPORTATION PUb,,' 24 I 1 67026 covered under Cooperative Construction Agreement No. 67025 between the State and the City of Eden Prairie; and WHEREAS Minnesota Statute section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make ar4angements with and cooperate with any governmental authority Ifor the purpose of constructing, maintaining and improving the trunk highway system. 1 IT IS, THEREr'ORE, MUTUALLY AGREED AS FOLLOWS: I ARTICLE I`CONSTRUCTION BY ThE STATE • Section A. C'r nttdct Award The State shall advertise for bids and award a construction contract to the lowest responsible bidder for State° Projects No. 1002-58 (T.H. 5=121 ) , No. 1002_10010 T. { rr. 5-121 ) and No. 2701-34 I (T.H. 5=121) in accordance with state plans, specifications and/or special provisions which Are on file in Lhe office of the Commissioner of Transportation at St. Paul, Minn*sops, and aro made a part hereof by reference with the same force and effect as Ithough fully set forth herein. I I �1 '( - 1 � — `ELI 1 1 � UAidl L�rt 1 . Ut' 11 �ilvtttt� lxl 1V1V r VU/ Get II I 67026 1 Section B. Direction and Supervision of Construction The State shall direct and supervise all construction activities performed wider the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All of the contract construction I shall be performed in compliance with the approved plans, specifications and/or special provisions , ' Sec:t�on C;. Plan Changes, Additional Construction, Etc. The State shall make changes in the plans and/or contract ' construction, which may include the City cost participation construction covered under this agreement, and shall enter into 1 any necessary addendums, change orders and/or supplemental agreements with the State 's conLL•ixctor which are necessary to cause the contract construction to be performed and completed in I a satisfactory manner. Howaver, the State's DistZiet Engineer at St. Paul or his authorized representative will inform the I appropriate City official of any proposed addendum$, chanye orders and/or supplemental agreements to the construction contract which will affect the City cost participation construction covered under this agreement. I I 1,5- 07 - 19 - 90 11 : 51AIS DEPT. OF TRANSPORTATION P07/24 I , . 67026 Section D. Satisfactor Corn letion of Contract The State shall perform all other acts and functions necessary to ' cause the construction contract to be completed in a satisfactory manner. I ARTICLE I1 _ INSPECTION BY THE CITY ' The City cost participation construction covered under this agreement shall be open to inspection by the City. If the City believes the City cost participation construction covered under this agreement has not been Properly performed or that the construction is defective, the City shall inform the State 'c District Engineer in writing of those defects . Any • recommendations made by the City are not binding on the State. The State shall have the exclusive right to determine whether the Icity cost participation construction covered under this agreement has been satisfactorily performed by the State's contractor. I ARTICLE III - BASIS OF PAYMENT BY THE CITY Soction A. SCHEDULE "I" and EXHIBIT "A" ' A preliminary SCHEDULE "I " and color coded EXHIBIT "A" are attached hereto and made a part hereof by reference. The 11 preliminary SCHEDULE `I" includes all anticipated City cost participation construction items and the construction -6 U '( — 1 `� — '`� U 1 1 : 5 1 Ah1 L)Li I' '1', Ur 1'lt�ill t U1 '1'A'1' 1 ON r' U / � 4 r I 67026 1 engineering cost share covered under this agreement, and is based on engineer's estimated unit prices. EXHIBIT "A" shows all anticipated CiLy cost participation storm sewer facilities construction covered under this agreement. Section B. Cit Cost Partici ation Construction All of the following construction to be performed upon, along and adjacent to Trunk Highway No. 5 from Eastbound ' bound Engineer Station 1064+27 , 98 (the west Hennepin County line) to Eastbound Engineer 1 Station 2081+32 , 91 (west 104th Avenue, also Dell Road) within the corporate City limits under State Project No. 2701-34 (T.H. 5=121 ) . The construction includes the City's proportionate share of item costs for computer equipment, mobilization, field office, field laboratory, maintenance and restoration of haul roads and traffic control. 100 PERCENT • 1. Except as noted below, all of the water main facilities and I sanitary sewer facilities construction to bo performed upon, along and adjacent to Trunk Highway No. 5. Exceptions: All of the removal of valves and boxes, hydrants and ' water main to be performed on Lake Drive East and all of the sanitary sewer disuvnnects associated with building removals shall be 100 percent st.at.e cost; and all of the removal of force -7- ' U '( - 1U — YU 11 : 52 M DEFT. OF TRANSPORTATION P09 /24 I 67026 main and manholes covered under Agency Relocation Agreement IINo. 67066R shall be 100 percent Metropolitan Waste Control Commission cost. 2. All of that concrete walk construction including its 1 aggregate base and curb ramps to be performed along the 9 west side of West 184th Avenue (Dell Road) which is south of the Trunk Highway No. 5 eastbound roadway. Y i3 . All of the concrete curb and gutter construction to be ' performed in the. southwest quadrant of the West 184th Avenue (Dell Road) - Lake Drive East intersection. 4 . All of the storm sewer facilities construction as shown and/or described in "Yellow" color on the attached EXHIBIT "A" . 42 . 6 PERCENT All of the storm sower far_; litics aonatruu Mort as shown and/or ' described in "Orange" colter on the attached EXHIBIT "A" . The construction includes, but is not limited to, aprons, safety 1 grates, pipe sewer, manholes, catch basins, casting aesemblieH, riprap and sodding. • I 1 1 - 8- 07 - 19 - 90 11 : 52AM DEPT. OF TRANSPORTATION P10/24 I 67026 I 30 PERCENT All of the bike path construction to be performed along the north side of Trunk Highway No. 5. The construction includes, but is I not limited to, removal of concrete walk and construction of bituminous walk including its aggregate base and curb ramps. 1 Section C. Construction En ineerin Costs The City shall pay a prorated share of construction engineering costs tor field engineering and inspection,on, preparation , of progress and final estimates reports, and material testing and 1 inapecL.Lun in connection with the City cost participation construction covered under this agreement. Those construction wngineering costs shall consist of charges made by State personnel assigned to the construction contract and shall be recorded under Stato construction Oust accounting code numbers , appropriate for such nenstruction engineer-Lily activjt.ies on forms "Time Report" (Form TC 30) and the "Cost Distribution" (Form TC 32) . The City construction engineering coot share shall be determined using the method and formula set forth in the attached SCHEDULE "I" . , Nute: for the purpose of estimating the City's share of the construction engineering costs, the State shall use an amount equal to 8 percent of the estimated total cost of the City ' -9- 1 1 0 1 — a0 1 1 : 5 3AM DEFT. OF T :�= T�SF �?RT1�T I ON F 1 1 /24 1 11 ' 67026 participation construction covered under this agreement un final City y parti tll the participation construction cost share is computed. section D. Addendums Chan a Orders and The City shall share in the costs of construction contract addendums, change orders and/or supplemental agreements whi are necessa ch =y to complete the City cost participation construction covered under this agreement. ' Section E. Sett Iempnts of Claims; The City shall pay to the State the cost of any settlemen claims made with the State ' �s of State 's contractor in connection with ti City cost participation construction cov red under thib agreement. All liquidated damages assessed the State 's contractor connection with the construction contract n amt shall result in a credit shared by the State and the city in the same proportion as their total construction cost share covered under this a ' is to the total contract construction cast before g re ement • construction efore nny docivation for liquidated damages. I . 1 1 1 -10- t 07 - 19 - 90 11 53 I��I DEPT. OF TRANSPORTATION P12/24 1 I 67026 , ARTICLE IV - PAYMENT BY THE CTTY Section A. Estimate and A ' dvancement of the City's Cost Share It is estimates that the City's share of the- costs of the contract construction plus the construction engineering cost share is the sum of $86,895.45 as shown in the attached Preliminary SCHEDULE "I " . Upon award of the construction contract the State shall prepare a Revi I SCHEDULE "I" based on construction contract unit prices and shall submit a copy to the City. The City shall advance to the Commissioner of TransportaLion the city's total estimated cost share as shown in the Revised SCHEDULE "I ", be it more or less than the sum of $$6,895 .45, upon execution of this agreement and upon receipt of a requPst trom the state for such advancement of funds. Section B. Final Payment by the City Upon completion and anreptanne, of the contrast construction and upon computation of the final amount due the StaLtt 's contractor, the State shall prepare a Final SCHEDULE "I„ based on final quantities of City cost 1Cipati art' ' p on nongtruction, performed, and shall submit a copy to the City. If the final cost of the City participation construction covered under this agreement exceeds the amount of funds advanced by the City, the City shall , upon receipt of a request from the State, promptly pay the differenr.P to the State without interest. If the final , cost of the City I -11- 07 - 19 - 00 11 : 54AIv DEPT. OF TRANSPORTATION SPC}F? 'T'ATIC)I�T P10/ 4 II 11 ' 67026 participation construction covered under this agreement is less ' than the amount of funds advanced by the City, the State shall promptly return the balance to the City without interest. Pursuant to MinneAnta Statute section 15.415, the State waives claim for any amounts IRAs than $2 . 00 over the amoun t of City funds previously advanced to the State, and the City waives claim for the return of any amounts less than $2 . 00 of the funds ' advanced by the City. Section C. Acceptance of City's Cost and Complet_pd Construction The computation by the State of the amount due from the City ' shall be final, bindin g and conclusive. Acceptance by the st.nte '. ' of the completed contract construction shall be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. ARTICLE V - GENERAL PROVISIONS ' Section A. Plan Changes The City may roquest changes in the plans . If the State ' determines that the requested plan changes are necessary and/or dccirable, Lhte state will cause those plan changes to be made. I 12- 07 - 19 - 90 11 : 54AII DEPT. OF TRANSPORTATION P14/24 I I 67026 ' Section B. Replacement of Castings The City shall furnish the ' State 's contractor with new castings and/or parts for all inpiace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State or the State 's contractor, except replacements required of castings and/or parts broken or damageu by the StaLe ' s contractor. Section C. ULil 1 i� Permits The City shall, within 90 days after the satisfactory completion of the City-owned utilities contract construction, submit to the Director of the States Pre-Letting Services ' Secta.on five copies of a permit_ application, inducting "as built" sketches, for all City-owned utilities constructed upon and within the trunk highway right-of-way. Applications for permits shall be made on State form "Application For Utility Permit On Trunk nignway Right-Of-Way" (Form TP2525) . The city, through the State, shall submit to the Minnesota Pollution Control Agency the plans and specifications for the construction yr reconstruction of its sanitary sewer ' rI' facilities to be performed under the construction contract and obtain, pursuant to Minnesota Slat ute section 115. 07 or Minnesota mule 7001. 1030, subpart 2C, either a permit or written waiver from I -13- 1 07 - 1 ;9 - 90 1 1 : 55.AM DEPT. OF TRANSPORTAT I ON P 1 5/24 I ' 67026 that agency for that construction Or reconstruction to he performed by others under the construction contract. When the Minnesota Pollution Control Agency issues that permit or waiver, the City will promptly furnish h the State a copy of that permit or 1 waiver so that the construction or reconstruction may be performed by the State 's contractor. The City is advised that 1 pursuant to Minnesota Rule 7001 . 1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution ' Control Agency at least 180 days before e the planned date of the sanitary sewer facility construction or reconstruction. ' Section D. Maintenance by the Cit Upon catigfacLvey completion of the West 184th Avenue (Dell Road) construction and all of the facilities a part thereof to be ' performed within tha corporate City limits under the construction contract, the City shall provide for the Y.c.uper maintenance of ' the roadway, without cost or expense to the State. Maintenance shall include, but not be limited to, snow and debLis removal, resurfacing and/or seal coating and any other maintenance activities necessary to perpetuate the roadway in a cafe and usable condition. 1 .' ' -14- 07 - 19 - 90 11 : 55AM DEPT. OF TRANSPORTATION P10/24 I 67026 Upon satisfactory completion of the storm sewer facilities and City-owned facilities construction to be performed withi I the corporate City limiLs under the construction contract, the City I shall provide for the proper maintenance of those facilities, without cost or expense to the State. Furthermore, neither party to this agreement shall drain any additional drainage into the storm sewer tacilities that was not included in the drainage ' ainage for which the storm sewer facilities were designed without first obtaining pes.,nission to do so from the other party. The drainage areas served by Lhe storm sewer facilities constructed under the II construction contract, are shown in a drainage area map, EXHIBIT "Drainage Area" , which is un file in the office of the State 's District Hydr, ulius Engineer at Golden valley and is made a part hereof by reference with the same furce and , d effect as though fully set forth herein . , upon satistactory completion of the pedestrian walkway and bike path construction to be erforme ' P d within the corporate City limitb under the construction contract, the City shall provide for the prup. r maintenance of Lhe walkway and bike path, without cost or expense to the State. Maintenance shall include, but not he limited to, snow and debris removal and any other maintenance activities necessary to perpetuate the walkway , ay and bike path in a safe and usable condition. -15- , • 1 9 -9 Cj 1 56.AM L>EF'I.- OF TRANSPORTAT I ON P17/24 I 67026 Section E . Claims All employees of the State and all other persons employed by the State in the performance of contract construction and/or iconstruction engineering covered under this agreement g ment shall not ' be considered employees of the City. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on contract construction And/or construction enyineering covered under this agreement shall in no ' way be the obligations or responsibility p ility of the City. All employees of the City and all other persons employed P oycd by the City in the performance of maintenance covered under this I agreement shall not be considered employees of the State. All claims that arise under the Worker 's Compensation Act of the state of Minnesota on behalf of the employees while so engaged and all claims made by any third parties as a consequence of any ac.L or omission on the part of the employees while so engaged on I maintenanc:P covered under this agreement ement shall in no way be the ' obligation ot responsibility of the State. 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, -16- 07 - 19 - 90 1 1 : 56AM DEPT. OF TRANSPORTATION P18/24 I 67026 ' proceedings, actions or causes of action of whatsoever nature or character arising out of or by reason of maintenance coverall under this sgLeement including an action or claim which alleges negligence of the State, its agents, officers or employees. Section F. Nondiscrimination The provisions of Minnesota Statute section 181.59 and of , any applicable ordinance relating to civil rights and discrimination shall be considered part of this agreement ' g ment as if fully set forth heroin. Section G. Agreement Approval Before this agreement shall become binding and effective, it shall be approved by a City Council resolution and t receive approval of State and City officers as the law may provide in , addition to the Commiesic.,ner of TranepoxtaL.tcn 04 his authorized representative. 1 -17- i V -1 J. +..! V �' 1 1 • V I i i i. 1 Y L i . L 1 J. J.ti i 1 J.4 Y.J J. �� 1'. 1 1 1 1 1 V 4 1 1 `J/ [+ `-l• ■ 1 67026 IN TESTIMONY WHEREOF the parties have executed this agreement L authorized officers . Y their I IDEPARTMENT OF TRANSPORTATION CITY OF CHANHA$$EN Recommended for approval: By M r ______ By _ I Director Pre-LeLting Services Section Date By District Engieer n — By _ II City M lid ger IBy — Date Deputy Division uirect04' Technical Services Division . II Approved: DEPARTMENT OF ADMINISTRATION Approved: I By Deputy Commissioner I Of Transportation Dy (Authorized Signature) Date II (Date mf agreement) Date I AFF'ICE OF THE ATTORNEY GENERAL Approved as to form and execution: IIBy Special ASSistant Attorney General I II II -19- 07 - 19 - 90 11 : 57AM DEPT. OF TRANSPORTATION P20/24 1 0 1 a H h H • m �°nnno � I sa g d � eyu�ir� v�i WVVM 1 t� .0 p 0 1 at H I 0 WN g 1 d 0 u) 0 0 r•1 td I OZ -° M Q +� u ° • ' 1 o I HQi N . 1 J 1, 0 I r ° U . 5'4 R ” W 1 T1 0 co A 4) C) 0 1 W 3 x W fl) 3 • 0 d It p .- 1 Z 0 � � Q J H r1 'Z p 4.) 1 h OUT,a.. • 00o. a4 1 i 4) I uy • w 0 7 - 1 .9 - P n 1 1 : 5 0AIv7 DEPT. 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I I I i " O 67026 I ACTUAL CONSTRUCTIOIi ENGINEERING COMPUTATION ' (Based on Total Contract Costs) CD COMPUTATION NO. 1 [v CD C Total Contract Amount E = Total Construction Engineering Cost Amount Incurred P = Prorata Percentage (E : Cy x 100 = P (Percentage for Construction Engineering) 0 Pi C) 1--3 H 0 f-� V _ 5 N) t - - — — 111111 — — — — — MN - - NM - I • CITY OF CHANHASSEN • . (, -- 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 March 28, 1990 Minnesota Dept. of Transportation Attn: Mr. Leonard M. Sandstrom, P.E. ' Utilities Agreements Engineer Transportation Building, Room 715N John Ireland Boulevard 1 St. Paul , MN 55155 Re: Proposed Cooperative Agreement S.P. 2701-34 (T.H. 5 ) ' T.H. 5 from West Hennepin County Line to Approximately 500 feet west of C. S.A.H. 4 File No. 88-28A-1 1 Dear Mr. Sandstrom: In response to your March 9, 1990 correspondence, this letter is to confirm that the City has requested MnDOT to include certain elements of the City ' s utility and roadway construction in the State 's construction plan referenced above. Attached please find 1 Resolution No. 90-27B requesting the State to prepare the Cooperative Agreement on this matter. I look forward to receiving the draft agreement. 1 If there are any questions in this matter, please direct them to me. 1 Sincerely, CITY OF CHANHASSEN /At =ry • . Warren, P.E. 1 ' ity E gineer GGW:ktm 1 Attachment: Resolution No. 90-27B c: Michael Spielmann, Golden Valley Office i • 1 I 1 CERTIFICATION 1 STATE OF MINNESOTA ) 1 ) ss COUNTY OF CARVER ) 1 I , Karen J. Engelhardt, duly appointed, qualified and acting 1 Deputy Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 90-27B entitled "A Resolution Requesting the Ocmmission of Transportation to Prepare 1 Cooperative Agreement for TH 5 Expansion from CSAH 4 to Hennepin/Carver County Line, S.P. 2701-34 and S.P. 1002-58" adopted on March 12, 1990 with the original copy, now on file in my office, and have found • the same to be a true and correct copy thereof and as approved by the City Council. 1 Witness my hand and official seal at Chanhassen, Minnesota, this 4th day of April , 19 90 . 1 1 1 . _ - K, en J. nge ardt, Deputy Clerk i 1 1 II CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA IDATE: March 12 , 1990 RESOLUTION NO: 90-27B MOTION BY: Workman SECONDED BY: Dimler A RESOLUTION REQUESTING THE COMMISSIONER OF TRANSPORTATION PREPARE COOPERATIVE AGREEMENT FOR TRUNK HIGHWAY 5 ITO EXPANSION FROM C.S.A.H. 4 TO HENNEPIN/CARVER COUNTY LINE, S.P. 2701-34 AND S.P. 1002-58 IWHEREAS, the Minnesota Department of Transportation, through its consultant Barton-Aschman Associates, Inc. , has prepared I construction plans for the widening of Trunk Highway 5 from C.S.A.H. 4 in Eden Prairie to the Hennepin/Carver County line, including railroad bridge approach embankment/surcharge in Carver County; and IIWHEREAS, the City has recently been provided with a copy of said plans dated February 6 , 1990; and IWHEREAS, said plans include certain elements of construction which the City has requested the State to include in these plans for which the City is responsible. INOW, THEREFORE, BE IT RESOLVED that the City agrees to participate in the expense of this project to the extent of the ICity's appropriate share. BE IT FURTHER RESOLVED that the Commissioner of I Transportation prepare the appropriate municipal cooperative agreement to lay out the cost participation responsibilities of the State and the City. IPassed and adopted by the Chanhassen City Council this 12th day of March , 1990 . I ATTEST: ` II ' /d2 / --.41r/ / ef....,. Don Ashworth, ity Manager Donal- J -- hmiel, Mayor IYES NO ABSENT I Chmiel Boyt None None Johnson Workman I Dimler • I