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
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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.
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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
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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$121 ) and in
the records of the Federal Highway Administration as Minnesota
Project F 014-3 (41) ; and
WHEREAS at the City's request the State included in its contract
the bike path construction to be performed along and ad •ac
the north side of Trunk 7 ant to
Highway No. 5 and the concrete walk
construction to be performed along and adjacent to the west side
' of West 184th Avenue (Dell i Road) ; and
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WHEREAS due to the Trunk Highway No. 5 construction it is
necessary to perform certain City-owned Y- utility facilities
Construction; and
WHEREAS the construction contract includes the construction of
storm sewer facilities which nollect '
and convey storm water
drainage fzum both trunk highway 9 y right-of-way and adjacent City
property; and
WH$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
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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:
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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.
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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.
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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.
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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.
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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
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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
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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.
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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 '
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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.
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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
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' 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.
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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
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' 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.
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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.
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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,
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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.
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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
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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)
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- - — — 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
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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
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1
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K, en J. nge ardt, Deputy Clerk
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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 .
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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