HomeMy WebLinkAboutCity Council - 07/30/1991A GEND A
EDEN PRAIRIE CITY COUNCX
TUESDAY, JULY 30, 1991
COUNCILMEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
5:30 PM, CITY HALL COUNCIL CHAMBER
7600 Executive Drive
Mayor Douglas Tenpas, Richard
Anderson, Jean Harris, H. Martin
Jensen, and Patricia Pidcock
City Manager Carl J. Jullie,
Assistant to the City Manager Craig
Dawson, & Finance Director John D.
Frane
ROLL CALL
I. CALL TO ORDER
APPROVAL OF AGENDA AND OTHER ITEMS Or BUSINESS
CONSENT CAL AR
A. APProval of Joint Powers Agreement No. 67724 for
Consultant Engineering Services for TX 5 from CSAK
17 to TX 41 (X.C. 52-238) Resolution No. 91-173
IV. OTHER BUSINESS
A. Resolution No. 91-174 Authorial= the Issuance of
General Obligation Equipment Certificates of
Indebtedness, Series 1991A: General Oblication
Improvement Bonds, Series 1991B: and 'General
Obligation Water and Sewer Revenue pones. Series
1991C
V. ADJOURNMENT
FINANCE DIRECTOR
JOHN FRANE
Mayor and City Council
Carl J. Jullie, City Manager ell
July 26, 1991
City Council Meeting for Tuesday, July 30, 1991
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
A very short meeting will begin at 5:30 PM.
III .A.
IV. A.
Joint Powers Agreement for Highway 5 Services
In order to expedite the commencement of engineering
design services for Highway 5 improvements from County
Road 17 to Highway 41 in Chanhassen, the agreement for
the services has been placed on the Consent Calendar for
this meeting. Funding for this study would be allocated
from the annual Transportation levy.
Recommend approval of the Consent agenda.
Resolution to Issue Bonds
Some technical requirements and the current bond market
have put the City in the position of needing to issue
bonds for debt it has incurred. Three types of bonds
totalling approximately $17.3 million needs to be issued.
The City has some remaining obligations for which it will
need to issue debt in about a month.
The Resolution with the exact wording and amounts to be
authorized for issuance will be presented at the Council
meeting on July 30.
Recommend adoption of Resolution No. 91-174 to authorize
the issuance and sale of the Bonds and Certificates of
Indebtedness.
CJJ:CWD:jdp
Attachments
-MEMORANDUM-
TO: Mayor and City Council
FROM: Alan D. Gray, City Enginee
DATE: July 25, 1991
SUBJECT: Joint Powers Agreement for Consultant Engineering Services
TH 5 Improvements from CSAH 17 to TH 41 in Chanhassen
Our LC. 52-238
MnDOT and Southwest Transportation Coalition members have agreed that it is desirable at this
time to proceed with the preparation of plans and specifications for the widening of TH 5 from
CSAH 17 to TH 41 in Chanhassen. A similar cooperative effort between MnDOT and
Southwest Transportation Coalition members to prepare plans for the widening of TH 5 from
CSAH 4 to CSAH 17 has been recently completed and this segment is now under construction.
That cooperative effort included financial participation by Eden Prairie, Chaska, Chanhassen, _
Waconia, Carver County, Hennepin County and MnDOT.
A summary of this contract may be described as follows:
o Chanhassen will act as contract administrator and will contract with Barton
Aschman Associates to provide the design for this segment of TH 5.
o The cost for professional design services provided by Barton Aschman Associates
will be shared as follows:
Eden Prairie
Chanhassen
Chaska
Carver County
MnDOT
$ 12,500
$ 12,500
$ 12,500
$ 12,500
$287.000
TOTAL
$337,000
o MnDOT agrees to complete the project at no additional cost to the other parties
to the Joint Powers Agreement.
o Each participant's prorated share of monthly invoices by the consultant shall be
paid to Chanhassen as payments are required to be made by Chanhassen to the
consultant.
Eden Prairie's share in the total amount of $12,500 would be allocated from the annual
transporation levy.
ADG:ssa
Dsk:CC.91-173
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 91-173
JOINT POWERS AGREEMENT NO. 67724 FOR
CONSULTANT ENGINEERING SERVICES
TH5 FROM CSAH 17 TO TH 41
(I.C. 52-238)
WHEREAS, the widening of TH 5 from CSAH 17 to TH 41 is desirable;
WHEREAS, the preparation of plans to advance the project to a" construction ready" condition
will accelerate the project when financing is available; and
WHEREAS, the MnDOT, Eden Prairie, Carver County, Chanhassen and Chaska desire to
cooperate in the preparation and completion of the widening project.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL that
said Joint Powers Agreement No. 67724 is hereby approved and that the Mayor and City
Manager are authorized to execute the agreement on behalf of the City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on July 30, 1991.
Douglas B. Tenpas, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
CONSULTANT ENGINEERING
AGREEMENT NO. 67724
SERVICES
MINNESOTA DEPARTMENT OF TRANSPORTATION
JOINT POWERS AGREEMENT FOR
CONSULTANT ENGINEERING SERVICES
S.P. 1002 (TH 5)
Mn/DOT $ 287,000.00
Local $ 50,000.00
Total Contract $ 337,000.00
Agreement by and between
The State of Minnesota,
Department of Transportation, the County of Carver, the City of Eden
Prairie, the City of Chanhassen, and the City of Chaska.
RE: Engineering Services
for T.H. 5
from C.S.A.H. 17
To T.H. 41
In Chanhassen
INDEX
Parties to the Agreement
Explanation or Justification
Section 1.0 - Extent and Character of the Work
Section 2.0 - Services to be Provided by the City
Section 3.0 - Laws, Regulations, Guidelines and
Standards - Form of Plans
Section 4.0 - Services and Data to be Furnished to
the City by the State
Section 5.0 - Time Schedule
Section 6.0 - Payment to the City
Section 7.0 - Termination Dispute and Submittal of
Contract Documents
Section 8.0 - Compliance with Laws
Section 9.0 - Registration
Section 10.0 - Conference
Section 11.0 - Inspection
Section 12.0 - Subletting
Section 13.0 - Claims
Section 14.0 - Contingent Fee
Section 15.0 - Nondiscrimination
Section 16.0 - Furnishing of Information to the State
Section 17.0 - Maintenance of Documents and Records
Section 18.0 - Use of Designs and Reports
Section 19.0 - Accuracy of Work
PAGE
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15
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INDEX CONTINUED PAGE
Section 20.0 - Approvals
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Signatures 21 thru 23
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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" or "MnDOT"; the County of Carver, hereinafter referred to as
"Carver County"; the City of Eden Prairie, hereinafter referred to as "Eden
Prairie"; the City of Chanhassen, hereinafter referred to as "Chanhassen";
and the City of Chaska, hereinafter referred to as "Chaska". Carver
County, Chanhassen, Chaska, and Eden Prairie are hereinafter from time to
time collectively referred to as "Local Agencies". Barton-Aschman
Associates, Inc. is referred to herein as the "Chanhassen's Consultant".
WHEREAS, the widening of T.H. 5 to four lanes from C.S.A.H. 17 to T.H. 41
in Chanhassen, hereinafter referred to as "Project", is desirable and
necessary, and
WHEREAS, the MnDOT, Carver County, Chanhassen, Eden Prairie and Chaska
desire to have the Project "construction ready" if and when financing
is available for such construction, an
WHEREAS, the agencies wish to participate and cooperate in preparation and
completion of the Project, and
WHEREAS, Chanhassen has agreed to act as administrator for the Project, an
WHEREAS, by virtue of Minnesota Statute 161.20, Subdivision 2, the
Commissioner of Transportation is authorized to make agreements with
and cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system, and
WHEREAS, the agencies are authorized by Minnesota Statute 471.59 to enter
into agreements providing for the exercise of power shared in common.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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;ECTIoN 1.0 - EXTENT AND CHARACTER OF THE WORK
1.10 project Work Description
1.11 The services to be provided under this agreement are for the
detail design, final construction plan, specifications and
engineering estimate preparation for roadway construction
work, for Trunk Highway No. 5 from C.S.A.H. 17 to T.H. 41 in
Chanhassen.
1.20 project Location
1.21 The general location of the roadway element of this project
extends along the mainline of T.H. 5 from C.S.A.H. 17 in
Chanhassen to T.H. 41 in Chanhassen.
SECTION 2.0 - SERVICES TO BE PROVIDED BY CHANHASSEN
2.10 Scope of Services
2.11 Chanhassen, through its Consultant, will act as an extension of
the State's work forces in the development of the required plans
for this project.
2.20 Detailed Design and Preparation of Roadway Plans
2.21 Chanhassen's Consultant shall prepare detailed designs and
construction contract plans that shall provide for grading,
surfacing, drainage facilities, signing, utility relocations,
traffic signals, landscaping and miscellaneous construction
features.
2.22 Chanhassen's Consultant shall prepare special provisions for
those items, details and procedures for which the Consultant is
responsible and which are not part of the State's "Standard
Specification for Construction".
2.23 Chanhassen's Consultant shall prepare a Signal Justification
Report for three intersections on this project: 1) T.H. 5 and
Audubon Road, 2) T.H. 5 and County Road 117 (Galpin Boulevard),
and 3) T.H. 5 and T.H. 41.
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2.24 Following approval of the Signal Justification Report,
Chanhassen's Consultant will design new signal systems for thosc
same intersections.
2.25 Chanhassen, through its Consultant, shall prepare a traffic
control plan which will include the identification of detours,
any temporary signing, temporary pavement markings, and temporary
barriers or flagging requirements.
2.26 Construction staging plans will be prepared at a scale of 1" to
100'. These plans will show ways to reduce traffic congestion
and maintain safe traffic flow with minimal delay.
2.27 Chanhassen's Consultant shall prepare the Engineer's Estimate for
the proposed construction project.
2.30 Plan Review and Approval
Chanhassen's Consultant shall submit the plans for review and
approval at two stages of development:
2.311 Stage I (Preliminary Review)
2.3111 Chanhassen's Consultant shall submit translucent prints of
partially completed plans to the State for review. These plans
shall include existing topography, proposed alignment, profiles,
plan layout of proposed construction, major drainage, and typical
sections. Approvals of these features by the State shall be
obtained before proceeding with further development of the plans.
2.312 Stage II (Detail Review)
2.3121 After receiving approval of Stage I, Chanhassen's Consultant
shall complete the plans in accordance with the review comments
for Stage I and submit translucent prints to the State for
review. These plans will be complete in all respects including
computation of final quantities.
2.3122 After the detail review by the State, Chanhassen's Consultant
shall submit the original plan sheets corrected in accordance
with the review comments.
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2.3123 Approval and acceptance of the plans will be based on the review
of the completed plans in their final form.
2.3124 Chanhassen's Consultant shall submit a copy of the checked design
and quantity calculations. These computations shall be submitted
on 8-1/2" x 11" sheets as far as practicable and bound in a neat
and orderly manner.
2.40 Drainage
2.41 Chanhassen's Consultant shall design all surface and subsurface
drainage facilities including any pending, if necessary, that are
required for the project.
2.50 Utilities
2.51 For the purpose of this agreement "Utilities" shall mean and
include all privately, publicly or cooperatively owned
communication lines and facilities; any system, lines, or
facilities for the distribution or transmission of electrical
energy, gasoline, oil, gas, water, steam, or the exclusive
collection of sewage.
2.52 The construction plans prepared by Chanhassen's Consultant shall
be complete in respect to the showing of inplace utilities and
the relocation of utilities, both privately and publicly owned.
When designs have reached the state of progress that the effect
on inplace utilities can be determined, Chanhassen's Consultant
shall furnish the State one transparency of each plan and cross-
section sheet showing the inplace utilities and its
recommendations for such protection and relocations as may be
necessary. The final locations of all private utilities will be
determined by the State and the owners, and such information will
be furnished to chanhassen's Consultant who shall OUM4 said new
locations in the final construction plans if the information is
furnished to it prior to its completion of the plans.
2.60 Permits
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2.61 After the final design is complete, a field inspection involving
the U.S. Fish and Wildlife Service, Corps of Engineers, the
Minnesota Department of Natural Resources, the City of
Chanhassen, and the local watershed districts will be conducted .
by Chanhassen's Consultant in conjunction with the State to make
a final determination of permits required for the project.
2.62 Chanhassen's Consultant shall prepare and submit permit
applications and secure the necessary federal, state, and local
approval of those permits.
SECTION 3.0 - LAWS, REGULATIONS, GUIDELINES AND STANDARDS
FORM OF PLANS
3.10 Design Standards
3.11 In accomplishment of this work, recognition will be given to the
requirements of the following laws, regulations and guidelines
related to design and the environment. These standards,
regulations or guidelines shall be considered as minimum. Higher
standards shall be used where it is feasible and economically
sound to do so.
3.111 Minnesota Statues 161.171-161.177 inclusive (Municipal Approval).
3.112 Uniform Relocation Act for Right of Way Acquisition
3.113 U.S. Department of Transportation, Federal Highway
Administration, Federal-Aid Program manuals, including: Book III,
Volume 5, Chapter 2, Section 1, Subsection 1 (Design Standards
for Federal-Aid Projects).
3.114 National Environmental Policy Act of 1969 - Public Law 91-190.
3.115 Section 4 (f) of Public Lay 89-670.
3.116 Minnesota Statutes, Section 116D.01 et. seq. (Environmental
Policy Act of 1973).
3.117 State of Minnesota, Department of Transportation, Highway Project
Development process.
3.12 Applicable requirements of Division II (Construction Details) of
the Minnesota Department of Transportation "Standard
Specifications for Highway Construction" 1988 Edition or future
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editions thereof, on file in the Office of the Commissioner of
Transportation at St. Paul, Minnesota, and which are made a part
hereof by reference with the same force and effect as though
fully set forth herein, shall be incorporated into the
preliminary plans prepared by Chanhassen, through its Consultant.
3.13
Where applicable, design details shall conform to those in the
Minnesota Department of Transportation "Road Design Manual",
"Surveying and Mapping Manual", "Drainage Manual" (5-294),
"Standard Plans" (6-296), "Standard Plans", "Traffic Engineering
Manual", the present modifications thereof. as well as future
modifications and new editions thereof, whicn will be issued from
time to time by the Minnesota Department of Transportation.
3.14 Insofar as design standards are concerned, it is the intent of
this agreement that the plans shall embody the design standards
in use by the Minnesota Department of Transportation at the time
the design work for the plans is being performed. If revised
design standards are adopted by the Minnesota Department of
Transportation during the progress of the work on the plans, the
Consultant Agreements Engineer or appointed representative will
at the request of the State, analyze jointly with Chanhassen, the
changes in the plans necessary to comply with the new standards.
Said agreed changes will be included in the plans.
3.20 Forms of Plans
3.21 The style and forms of plans including size, weights, and style
of lettering shall be that in use by the Minnesota Department of
Transportation at the time the work is being performed unless
written permission is given to vary said form and style. The
plans shall be prepared on 22" x 34" or 11" x 17" sheets.
3.22 The final submittal of plan sheets shall be on mylar material.
3.23 Cross-section sheets prepared by Chanhassen's Consultant shall be
either computer or hand-plotted. The submitted cross sections
shall be on the same size sheets as the plan (Section 3.21). If
hand-plotted they shall be drawn with pencil or India ink on the
best grade of paper sheets having dotted grid lines. The
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original ground line shall be inked. The planned sections may be
drafted with pencil.
3.24 The drafting on the plan sheets and cross section sheets shall be
of such size and quality as will permit reduction to one-half
scale and the making of readable, first class blue line or black
line prints from the reduced size intermediates, including clear
reproduction of grid lines, symbols and legends. The minimum
lettering size for original drafting shall be 0.12 inch. No
adhesive backed material shall remain on any plan sheet. Bar
scales will be used throughout the plan.
3.25 Bridge plans, partially completed and final detail plans
submitted to the State for review and approval shall be positive
reproductions on daizo sensitive translucent paper or polyester
base film from which blue line prints can be made.
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SECTION 4.0 - DATA, AND SERVICES TO BE FURNISHED BY THE STATE
STATE
4.10 Data to be Furnished
4.11 The State, after authorizing the start of the project, shall
furnish the following project related data or materials, if any,
for use by Chanhassen's Consultant in connection with the
project.
.4.1101 Complete roadway field survey work and mapping, done earlier by
the State.
4.1102 Complete soils boring information and soils recommendation
letter.
4.1103 Any other material or data available for use in performing the
services under this agreement.
4.12 All data furnished to Chanhassen's Consultant by the State shall
remain the property of the State and shall be returned to the
State when so requested.
4.20 Analysis and Evaluation of Data by the City
4.21 Chanhassen's Consultant shall make an analysis of all data and
information furnished by the State. If any data or information
is found to be incorrect or incomplete this fact should be
brought to the attention of the State before proceeding further
with the part of the project affected.
4.30 Services to be Provided
4.31 The State shall be responsible for advising Chanhassen's
Consultant of the required pavement design for the project.
4.32 The State shall be responsible for soils investigation and shall
provide boring logs, recommended subcut depths and subgrade
treatments to Chanhassen's Consultant for final design.
4.33 The State shall acquire all right of way.
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SECTION 5.0 - TIME SCHEDULE
5.10 Startino Work
5.11 For the services that the State is paying for, Chanhassen shall
not start work until it receives written instructions to do so
from the State.
5.20 Completion Time Schedule
5.21 Chanhassen's Consultant shall complete all work and services
required under the terms of this agreement by February 1, 1992.
5.22 The State may extend the time completion periods upon written
request from Chanhassen for delays encountered that are beyond
his control. The amount of such time extension shall be
determined by the Consultant Agreements Engineer of the Minnesota
Department of Transportation who is authorized to grant such time
extension by letter to Chanhassen.
SECTION 6.0 - PAYMENT TO CHANHASSEN
6.10 Payment to Chanhassen for Consultant Services
6.11 The total payment as reimbursement for consultant services for
Chanhassen shall not exceed $337,000. This amount includes
Chanhassen's portion of the total cost plus a $50,000 contingency
amount to be utilized at Mn/DOT's discretion for unforeseen
additional work that could be deemed necessary for this project
by Mn/DOT. The total costs for Chanhassen, Chaska, Eden Prairie,
Carver County, and Mn/DOT shall be shared as follows:
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COST AGENCY
$ 12,500
12,500
12,500
12 500
$ 50,000
$ 50,000
187,000
50 000
$287,000
• Chanhassen
Chaska
Eden Prairie
Carver County
Total Share of all Local Agencies
Mn/DOT's Matching Share
Mn/DOT's Shire covering balance of
Chanhassen's Consultant Contract amount.
Mn/DOT's Discretionary Contingency Fund
Total Mn/DOT share of this Agreement
$337,000 Total Agreement Amount (Local Agencies
plus Mn/DOT)
The aggregate cost to Chanhassen, Chaska, Eden Prairie and Carver
County, and shall not exceed $ 50,000 as shown above. Mn/DOT
agrees to complete the project at no additional cost to
Chanhassen, Chaska, Eden Prairie or Carver County.
6.12 BLANK
6.13 A termination of the Chanhassen Consultant Contract as per the
terms of Section 7.0 such that the final costs to Chanhassen's
Consultant totals less than $100,000, shall result in reduced
agency costs proportional to each agency's cost obligations
stated as follows:
Agency Cost percentage
Chanhassen
Chaska
Eden Prairie
Carver County
Mn/DOT
5,000
5,000
5,000
5,000
80.000
5%
5%
5%
5%
80%
Totals up to $100,000
1 00%
6.14 If it appears at any time that Chanhassen's Consultant will
exceed the total estimated payment of $287,000, Chanhassen's
Consultant agrees not to perform any services that would cause
that amount to be exceeded unless Chanhassen's Consultant has
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been advised by Chanhassen that the work has been approved by
Mn/DOT, additional funds have been enCumbered and that work may
proceed.
6.15 If it appears at any time that Chanhassen's Consultant will
exceed the total estimated payment of $337,000, Chanhassen's
Consultant agrees not to perform any services that would cause
that amount to be exceeded unless Chanhassen's Consultant has
been advised by Chanhassen that the additional work has been
approved by Mn/DOT, a supplemental agreement between the agencies
has been issued, additional funds have been encumbered and that
work may proceed.
6.20 Invoices - Partial Payments
6.21 Each agency's pro rata share shall be paid to Chanhassen when and
as payments are required to be made by Chanhassen to the
Consultant pursuant to the Consultant Contract. Chanhassen may
invoice each agency monthly during the progress of the work for
costs incurred by Chanhassen's Consultant. Such invoice shall
reflect each member agency's share of the payment due.
6.22 Invoices for Mn/DOT's pro rata share shall be signed, and be
submitted to Mn/DOT's Consultant Agreements Engineer and a copy
submitted to the District Project Manager for approval.
6.23 Each agency will pay 100% of its share of partial payments to
Chanhassen up to its pro rata share of the CONSULTANT contract
cost as stated in 6.11 or in the event of early termination of
the CONSULTANT contract as described in 6.13. Two percent of the
final CONSULTANT cost, will be retained by Mn/DOT pending final
audit as stated in 6.30.
6.30 Final Payment
6.31 Final payment due Chanhassen for the Consultant Services will be
made after acceptance of the work and an audit conducted by the
State. The audit will be conducted in accordance with the cost
principles and procedures set forth in the Federal Acquisition
Regulations, 48CFR 1-13.6 (Grants and Contracts with State .and
Local Governments) and 48CFR 1-31.2 (Contracts with Commercial
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Organizations), which are made a part hereof by reference with
the same force and effect as though fully set forth herein.
6.32 Based upon final audit, final payments to Chanhassen may exceed
the agreement total as defined in 6.11 without a supplemental
agreement.
6.40 Progress Reports
6.41 Chanhassen's Consultant shall submit monthly reports to the State
and Chanhassen showing progress of the work. A copy of the
reports form to be used by Chanhassen's Consultant will be
submitted to the State for approval.
SECTION 7.0 - TERMINATION, DISPUTE AND SUBMITTAL OP CONTRACT
DOCUMENTS
7.10 Termination and Dispute
7.11 The agreement may be terminated by either the State or Chanhassen
at any time upon written notice to all parties hereto. In the
event that such termination should take place at a time other
than the completion of the work to be performed under the
agreement, Chanhassen shall be paid for the work performed to
date of termination, demobilization costs, and contract closing
costs, and (if applicable) a portion of the fixed fee which will
be determined by the stage of completion of the total work. The
total payment will be determined by mutual agreement between the
State and Chanhassen. The total payment for the reduced quantity
of work, demobilization expense and contract closing costs will
not exceed the total payments as set forth in the original
agreement or succeeding supplements. A supplemental agreement
shall be executed setting forth the reduced amount of
compensation Chanhassen shall receive. Chanhassen may exercise
those legal remedies as may be available to it in connection with
any dispute arising out of this agreement which cannot be settled
by the parties hereto by supplemental agreement.
7.20 Submittal of Contract Documents
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7.21 The original of all drawings, work sheets, plans, field notes,
computations and other project data shall be turned over to the
State as follows:
7.211 Upon written notice of termination of the agreement.
7.212 Prior tr final settlement of a dispute arising out of this
agreement.
7.213 Prior to final payment of the ultimate gross amount due.
SECTION 8.0 - COMPLIANCE WITH LAWS
8.10 Chanhassen's Consultant shall comply with all Federal, State and
Local laws, together with all ordinances and regulations
applicable to the work. Chanhassen's Consultant shall procure
all licenses, permits, or other rights necessary for the
fulfillment of Chanhassen's obligations under this agreement.
SECTION 9.0 - REGISTRATION
9.10 Plans, designs, reports and specifications shall be prepared by
or under the direct supervision of a professional engineer,
architect or land surveyor as applicable, registered in the State
of Minnesota. The plans, designs, reports and specifications
shall be certified as required by law.
EECTION 10.0 - CONFERENCES
10.10 Chanhassen's Consultant shall confer with the State as often as
is necessary in regard to the work to be done under this
agreement and perform the travel necessary for such conferences.
When requested by the State, Chanhassen shall also assist the
State in negotiations with other interested parties.
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SECTION 11.0 - INSPECTION
11.10 Duly authorized representatives of the State and the Federal
Highway Administration shall have the right to inspect the work
of Chanhassen and its Consultant whenever they deem it necessary,
provided that reasonable notice is given and the inspection is
during normal working hours.
SECTION 12.0 - SUBLETTING
12.10 The services of Chanhassen's Consultant to be performed hereunder
are personal and shall not be assigned, sublet, or transferred
unless written authority to do so is granted by the State. This
written consent shall in no way relieve Chanhassen's Consultant
from the primary responsibility for performance of the work. The
State does recognize and approve the use of Chanhassen's
Consultant, Barton-Aschman Associates, Inc. for the services to
be provided under this agreement.
12.12 All subconsultant agreements exceeding $10,000 shall contain all
required provisions of this agreement.
SECTION 13.0 - CLAIMS
13.10 Chanhassen. Chaska. Eden Prairie and Carver County Employees
13.11 Any and all employees of Chanhassen, Chaska, Eden Prairie and
Carver County, or other persons while engaged in the performance
of any work or services required by Chanhassen, Chaska, Eden
Prairie and Carver County under this agreement shall not be
considered employees of the State, and any and all claims that
may or might arise under the Worker's Compensation Act of
Minnesota on behalf of said employees or other persons while so
engaged, and any and all claims made by any third party as a
consequence of any act or omission on the part of Chanhassen's,
Chaska's, Eden Prairie's and Carver County's employees or other
persons while so engaged on any of the work or services to be
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rendered shall in noway be the obligation or responsibility of
the State.
13.20 Responsibility for Claims and Liability
13.21 Chanhassen warrants that the following paragraph will be included
in its agreement with Chanhassen's Consultant:
Chanhassen's Consultant indemnifies, saves and holds
harmless the State, the Coalition, Ch,nhassen, Chaska,
Eden Prairie and Carver County and any officers, agents
or employees thereof from any and all claims, demands,
actions or causes of action of whatsoever nature or
character arising out of or by reason of the execution
or performance of the work of Chanhassen's Consultant
provided for under this agreement.
SECTION 14.0 - CONTINGENT FEE
14.10 Chanhassen warrants that the following paragraph will be included
in its agreement withChanhassen's Consultant:
14.11 Chanhassen's Consultant warrants that it has not
employed or retained any company or person, other
than bona fide employees working solely for
Chanhassen's Consultant to solicit or secure this
contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide
employee working solely for them, any fee,
commission, percentage, brokerage fee, gifts or
any other consideration, contingent upon or
resulting from the award or making of the
agreement. For breach or violation of this
warranty the State shall have the right to annul
this agreement without liability or, in its
discretion, to deduct from the contract price or
consideration, or otherwise recover, the full
amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
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SECTION 15.0 - NONDISCRIMINATION
15.0 The provisions of Minnesota Statute 181.59 and of any applicable
ordinance relating to civil rights and discrimination shall be
considered part of this agreement as if fully set forth herein.
15.1 Chanhassen warrants that the preceding section, 15.0, will also
be included in its agreement with its Consultant.
SECTION 16.0 - FURNISHING OF INFORMATION TO THE STATE
16.10 Advance Information
16.11 At the request of the State, Chanhassen's Consultant shall
furnish to the State during the progress of the work such design
information or data in such detail as may be required to enable
the State to carry out or to proceed with related phases of the
project not covered by this Agreement, or which may be necessary
to enable the State to furnish information to Chanhassen upon
which to proceed with further work.
SECTION 17.0 - MAINTENANCE OF DOCUMENTS AND RECORDS
17.10
17.11 Chanhassen's Consultant shall maintain all books, documents,
papers, accounting records and other evidence pertaining to costs
incurred in connection with work and services performed
hereunder. Chanhassen's Consultant shall make such material
available at its office at all reasonable times during the
contract period and for three years from the date of final
payment under this agreement for inspection by the State, the
Federal Highway Administration, or any authorized representative
of the Federal Government and copies thereof shall be furnished
upon request.
19
SECTION 18.0 - USE OF DESIGNS AND REPORTS
18.10
18.11 All designs, reports and copies of design computations shall •
become the property of the State who shall have the right to use
any and all of said plans or designs for this intended public
purpose.
18.12 Chanhassen's Consultant will make its employees who are engaged
in the work available during construction to answer questions
about the plans as designed. Such time on the Consultants part
will not constitute extra work and no additional compensation is
warranted.
SECTION 19.0 - ACCURACY OF WORK
19.10
19.11 Chanhassen's Consultant shall be responsible for the accuracy of
the work and shall promptly make necessary revisions or
corrections resulting from errors and omissions on their part
without additional compensation. Acceptance of the work by the
State will not relieve Chanhassen's Consultant of the
responsibility for subsequent correction of any such errors and
the clarification of any ambiguities.
SECTION 20.0 - APPROVALS
20.10
L0.11 Before this agreement shall become binding and effective, it
shall be approved by resolution of the City Council of
Chanhassen, the City Council of Eden Prairie, the City Council of
Chaska and the Carver County Board of Commissioners, and receive
the approval of such State officers as the law may require in
addition to the Commissioner of Transportation.
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CAMERA OPERATOR'S CERTIFICATE
I hereby certify that the microphotographs appearing on this roll of film are true,
accurate, and complete copies of the original records described below.
Reproductions intended to serve as permanent records comply with standards
established by the Minnesota Historical Society.
AGENCY OF ORIGIN:
RECORD SERIES:
INCLUSIVE DATES/NOS:
CITY OF EDEN PRAIRIE
COUNCIL PACKETS
JANUARY 1977 - DECEMBER 1991
ROLL 19
BEGINS WITH:
ENDS WITH:
2/11/94
OCTOBER 1990
JULY 1991
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Civil
CONCEPT MICRO IMAGING
MINNETONKA. MN
PRODUCING LABORATORY
CITY/STATE