1a. Supplemental Agreement No. 1 to TH 212 EIS Joint Powers Agreement CITY OF
/a•,
CHANHASSEN
Vic= 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937-1900
MEMORANDUM
TO: Don Ashworth, City Manager Xt..7s1 .
1 FROM: Steve Hanson, Planning Director
1 DATE: April 20, 1989
SUBJ: Resolution Approving Supplemental Agreement No. 1 to TH
212 EIS Joint Powers Agreement
The attached Supplemental Agreement No. 1 to the TH 212 EIS needs
1 to be executed by the City. This supplement is due to changes in
the original roadway corridor concept, and several sites/structures
along the corridor require more research for historic signifi-
cance than originally anticipated.
This amendment allows for the additional costs, but does not
increase the City' s share for the EIS which was set at $30, 000.
1 The total contract amount is increased from $320 , 000 to $364 ,500.
The difference of $44, 500 is the responsibility of MnDOT.
1 This Supplemental Agreement No. 1 has been executed by Chaska and
Carver County to date. Staff recommends that the City Council
authorize the Mayor to execute the ten copies of Supplemental
Agreement No. 1 .
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CARVER COUNTY COURTHOUSE
PUBLIC WORKS DEPARTMENT 600 EAST 4TH STREET
(612) 448-3435
-7>
CHASKA,MINNESOTA 55318
NNESO
COUNTY OF CAQVEQ 1
April 18, 1989
Mr. Gary Warren '
City Engineer
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Dear Gary:
Enclosed you will find 10 originals of Supplemental Agreement No. 1 to
the T.H. 212 EIS (Amendment to Agreement No. 64140 ) .
As discussed by telephone today, please have these documents signed
and dated as soon as possible. I would like back by Monday, April
24th if not a problem. ,
Thanks for your help in this matter.
Sincerely, '
Connie J . Rief
Secretary to Roger Gustafson CITY OF VIMINASSEN
APR 19 1989
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Affirmative ActioniEqual Opportunity Employer 1
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IICONSULTANT AGREEMENTS AMENDMENT TO
SECTION AGREEMENT
I 64140
MINNESOTA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
ITECHNICAL SERVICES
I Supplement No. 1 to
Agreement No. 64140
The State of Minnesota,
I Department of Transportation, and
The County of Carver
Re: T.H. 212 Environmental Impact Statement
I
I SUPPLEMENTAL
ENGINEERING AGREEMENT NO. 1
ITHIS SUPPLEMENTAL AGREEMENT made and entered into by and between the
State of Minnesota, Department of Transportation, the Metropolitan
Council, Carver County, Hennepin County, the City of Chanhassen, the
I City of Eden Prairie, and the City of Chaska hereinafter referred to as
the "Agencies" .
IWITNESSETH:
IWHEREAS, the Agencies did enter into Agreement No. 64140, whereby the
IAgencies did agree to participate and coorerate in the preparation and
completion of the T.H. 212 Environmental Impact Statement and Design
IStudy Report; and
IWHEREAS, it was determined that a consultanting firm would be selected
Iby the Agencies' Task Force and hired by Carver County, to prepare the
Environmental Impact Statement and Design Study Report; and
I
II
frefri-
mg
page 2 64140-1
WHEREAS, a contract was executed with a consultanting firm and a
substantial portion of the required scope of work has been completed; anoll
WHEREAS, due to changes in the original roadway corridor concept, data
provided to the consultant was no longer valid; and
WHEREAS, several sites/structures along the corridor are requiring more II
research for Historic Significance then originally suspected; and
WHEREAS, the consultant has been requested to make the necessary '
corrections to the data, and to perform the necessary research for the
impacted sites; and
WHEREAS, it was agreed in Section 2 . 01 of Agreement No. 64140, that all
expenses for the study exceeding $320, 000 would be the responsibility of II
the Minnesota Department of Transportation; and
WHEREAS, the Minnesota Department of Transportation 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 '
reimburse Carver County for necessary payments to the consultant for the
additional work requested.
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page 3 64140-1
IINOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
REVISION 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 $364,500 and shall be approved
by a majority vote of the T.H. 212 Task Force prior to execution by
Carver County and the consultant. The Costs to the municipalities, the
' counties, and the Metropolitan Council shall not exceed $200, 000. 00 and
' shall be shared as follows:
AGENCY COST
City of Chanhassen $ 30, 000
' City of Chaska $ 30, 000
City of Eden Prairie $ 30, 000
Carver County $ 30, 000
Hennepin County $ 30, 000
Metropolitan Council $ 50, 000
Mn/DOT $ 164 , 500
$ 364 , 500
Should the final cost of the study exceed $364 , 500, the Minnesota
' Department of Transportation agrees to complete the Environmental Impact
' Statement and Design Study Report at no additional cost to the agency
members listed below:
City of Chanhassen
City of Chaska
City of Eden Prairie
' Carver County
Hennepin County
Metropolitan Council
A final contract cost of less than 364 500 shall result in reduced
$ r uced
' agency costs proportional to each agency's cost obligations stated as
follows:
page 4 64140-1
For Costs up $320, 000: MAXIMUM $ PERCENTAGE
OBLIGATION OBLIGATION
Chanhassen $ 30, 000 9. 375 %
Chaska $ 30, 000 9.375 %
Eden Prairie $ 30, 000 9 .375 %
Carver County $ 30, 000 9 .375 %
Hennepin County $ 30, 000 9. 375 %
Metropolitan Council $ 50, 000 15. 625 %
Mn/DOT $ 120, 000 37.500 %
Subtotal: $ 320, 000 100.000 % '
For Costs exceeding $320, 000, up a maximum of $364, 500:
Mn/DOT $ 44 , 500 100.000 % '
TOTAL: $ 364, 500
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. Carver County shall invoice each Agency from II
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. '
STATUS OF ORIGINAL AGREEMENT I
Except as amended and modified herein, the term of said Agreement No.
64140 shall remain in full force and effect.
APPROVALS
Before this Supplemental Agreement shall become binding and effective, I
it shall receive the approval of such State Officers as the law may
provide, in addition to the Commissioner of Transportation.
II
IPage 5 Agreement 64140-1
STATE OF MINNESOTA
Approved :
As to form and execution by the
Attorney General:
' By
Title
Date
Department of Transportation:
By
Title
Date
' Department of Administration:
' By
Title
Date
' Department of Finance:
By
' Title
Date
Page 6 Agreement 64140-1' 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 .
HENNEPIN COUNTY BOARD OF COMMISSIONERS
By '
Chair
and
Associate Deputy County Administrator
ATTEST :
By
Clerk of County Board
Approved as to Legality Form ,
By
Assistant Hennepin County Attorney
Date
;✓v
ma
Page 7 Agreement 64140-1
CARVER COUNTY
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By wi By
County Chai man County Admi • tra r
' Date 21 - / - 8 5 Date 12/— / - 9
Approved as to form
j71, /
/r)` ;vo Z'7 e
' County Attorney l/
f
Date // 7
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METROPOLITAN COUNCIL I
By By
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Council Chair Executive Dit gctor I
Date Date -
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Approved as to form I
By
Metropolitan Council Legal Counsel
Date I
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MI