1e. Approve Joint Powers AGreement with SWCTC for TH 5 Corridor Scoping, Analysis, Preliminary design and Environmental Screening
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
WIVW.ci .chanhassen.mn. us
~e
MEMORANDUM
TO:
Todd Gerhardt, City Manager
Paul Oehme, P.E., Dir. of Public Works/City Engineer? 0 .
0'6&"
FROM:
DATE:
September 24, 2007
SUBJ:
Approve Joint Powers Agreement for TH 5 Corridor Scoping, Analysis,
Preliminary Design and Environmental Screening, PW067B2
REQUESTED ACTION
Approve Joint Powers Agreement with SWCTC for TH 5 Corridor Scoping, Analysis,
Preliminary Design and Environmental Screening (TH 41 to TH 212).
BACKGROUND
The Phase 1 - Corridor Scoping, Analysis, Preliminary Design and Environmental
Screening study is an outgrowth of a coordinated effort by Carver County, MnDot and
the Cities of Chanhassen, Victoria, Waconia, and Norwood-Young America to plan for
future long-term transportation needs on TH 5. In the context of other transportation
routes in Carver County, TH 5 is one of the key minor arterials that provide east -west
mobility through the County. Because of significant growth along the corridor and the
resulting opportunities for communities to manage development through their planning
powers, there is a concerted effort by Carver County and the affected communities to
define the potential future improvements to TH 5 so that they can work towards these
improvements over time. As such, the communities are trying to plan for additional
growth and the resulting physical improvements that will be necessary to accommodate
the traffic that is generated. The intent of this project is to complete some environmental
documentation and determine the needed right of way for future improvements. MnDot
currently does not have this corridor programmed for major improvements in the next 20
years. The City and the County can officially map the corridor with the completion of
this study and work towards preserving the right-of-way when developments are
proposed along the corridor.
Three consultants submitted a cost and technical proposal for the work. Representatives
from the Cities of Chanhassen, Victoria, Waconia, Carver County and MnDot rated and
scored each proposal. SRF Consulting was rated the best overall technical proposal and
their fees were the lowest.
The City attorney has reviewed the agreement and finds it acceptable.
FUNDING
Funding for the City of Chanhassen portion of the project is programmed to come from
Municipal State Aid. Chanhassen's cost obligation is a not to exceed amount of $10,000.
RECOMMENDA TION
Staff recommends Approve Joint Powers Agreement for TH 5 Corridor Scoping,
Analysis, Preliminary Design and Environmental Screening Study at this time.
Attachments
The City of Chanhassen · A growing8Q]}Ql~iD'B'i':i\!.JJl~5gig~~IJ~e!l~ij~P~R!jy ~ ~rlh~lg~Pi'6~tg~g~ut~Ji~trlllI~~~,i~mp~~lQding trails, and beautiful parks. A great place to live, work, and play.
AGREEMENT
between
SOUTHWEST CORRIDOR TRANSPORTATION COALITION,
CARVER COUNTY,
and the Cities of
NORWOOD YOUNG AMERICA, W ACONIA, VICTORIA, AND CHANHASSEN
for
Phase 1 . Corridor Scoping, Alternative Analysis, Preliminary Design and Environmental
Screening
from
Minnesota TH 5 from TH 41 TO TH 212
THIS AGREEMENT, made and entered into by and between the Southwest Corridor
Transportation Coalition, a non-profit corporation, organized under the laws of the state of
Minnesota, party of the first part, hereinafter referred to as "SWCTC", the City of Norwood Young
America, a municipal corporation, organized under the laws of the state of Minnesota, party of the
second part, hereinafter referred to as "NY A", the City of Waconia, a municipal corporation,
organized under the laws of the state of Minnesota, party of the third part, hereinafter referred to as
"Waconia", the City of Victoria, a municipal corporation, organized under the laws of the state of
Minnesota, party of the fourth part, hereinafter referred to as "Victoria", the City of Chanhassen, a
municipal corporation, organized under the laws of the state of Minnesota, party of the fifth part,
hereinafter referred to as "Chanhassen", and the County of Carver, Minnesota, a municipal
corporation organized under the laws of the State of Minnesota, party of the sixth part, hereinafter
referred to as "County";
WITNESSETH:
WHEREAS, the SWCTC, NY A, Waconia, Victoria, Chanhassen, County, and the Minnesota
Department of Transportation (MnDOT) have been involved in discussions about future
improvement ofTH 5 between NY A and TH 41, and
WHEREAS, it is the desire of the SWCTC, NY A, Waconia, Victoria, Chanhassen, and County to
enter into a written document for an initial project development for TH 5 from TH 212 to TH 41,
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained, it is agreed by and between the parties hereto as follows:
Page 20f6
Transportation Study Agreement
TH 5 Corridor Scoping
A. That this agreement shall apply only to the completion of the transportation study titled
"Phase I - Corridor Scoping, Alternative Analysis, Preliminary Design and Environmental
Screening for Minnesota TH 5 from TH 41 to TH 212."
B. Prosecution of this transportation study included in the project shall be referred to as the
"Project. "
C. Prosecution of the Project will be performed by a contractor to the County as per the attached
professional services agreement with SRF Consulting Group, Inc. and identified as Exhibit
"A".
D. The County will be the lead agency coordinating this Project. Carver County will be partners
with MnDOT and the cities of Chanhassen, Victoria, Waconia and NY A. During the
prosecution of the Project, the cities, in consultation with Carver County, and in some
circumstances MnDOT, will coordinate specific tasks of the Project.
E. The method of financing the Project shall be the prerogative of the parties hereto. Funding of
the Project is subject to the following provisions:
1) PROJECT COSTS:
a. The total agreement is not to exceed $159,500.
b. The County at its expense, if any, shall be responsible for the Project costs.
c. The SWCTC will reimburse the County a lump-sum amount of ten thousand
dollars ($10,000).
d. NY A, Waconia, Victoria, Chanhassen, and the County are each responsible for a
percentage of the total agreement cost less the $10,000 SWCTC share. These
percentages are:
NYA
Waconia
Victoria
Chanhassen
County
5.0167%
33.4448%
33.4448%
6.6890%
21.4047%
e. NY A, Waconia, Victoria, Chanhassen, and the County total cost obligation under
this agreement shall not exceed:
NYA
Waconia
Victoria
Chanhassen
County
2) REIMBURSEMENTS:
$ 7,500
$50,000
$50,000
$10,000
$32,000
Page 3 of 6
Transportation Study Agreement
TH 5 Corridor Scoping
a. The SWCTC, NY A, Waconia, Victoria, and Chanhassen will make lump-sum
payments to the County in the amount of their respective total cost obligations
under this agreement after the Project is under contract with the contractor to the
County and within sixty (60) days of the billing date from the County.
b. The County will reimburse NYA, Waconia, Victoria, and Chanhassen the unspent
portion of their respective total cost obligation payments based on the percentage
of total cost obligation within sixty (60) days after final payment is made to the
Project contractor.
F. Each Party hereto agrees to save, hold harmless and indemnify all other Parties and the
respective Party's officers, agents, employees, and volunteer workers against any and all
claims, losses, damages, or law suits for damages arising from, allegedly arising from, or
related to the provisions of services hereunder, and further each Party agrees to defend at its
own sole cost and expense any action for proceeding commenced for the purpose of asserting
any claim of whatsoever character arising as a result of the provision of services hereunder.
It is hereby understood and agreed that any and all employees of the respective Parties and all
other persons employed by the respective Parties in the performance of the provisions of
services hereunder shall not be considered employees of any of the other Parties hereto and
that any and all claims that mayor might arise under the Worker's Compensation Act of the
State of Minnesota on behalf of the employees of any of the Parties while so engaged and any
and all claims made by third parties as a consequence of any act or omission on the part of any
of the Parties' employees while so engaged in the performance of any of the provisions of
services hereunder shall in no way be the obligation or responsibility of any of the other
Parties hereto.
Each party is responsible for its own acts and omissions and the results thereof to the extent
authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the cities
and counties liability. Under no circumstances shall a party be required to pay on behalf of
itself and the other party any amounts in excess of the limits on liability established in
Minnesota Statutes Chapter 466 applicable to anyone party. The limits of liability for the
parties may not be added together to determine the maximum amount of liability for a party.
G. Pursuant to Minnesota Statute 16C.05, Subd. 5, the County agrees that the Parties hereto, the
State Auditor, or any of their duly authorized representatives at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt, and transcribe any books, documents, papers, records,
etc., which are pertinent to the accounting practices and procedures of the County and involve
transactions relating to this Agreement.
County agrees to maintain these records for a period of six years from the date of termination
of this Agreement.
H. During the performance of this Agreement, the Parties agree to the following:
Page 4 of 6
Transportation Study Agreement
TH 5 Corridor Scoping
No person shall, on the grounds of race, color, religion, age, sex, disability, marital status,
public assistance status, criminal record, creed or national origin be excluded from full
employment right in, participation in, be denied the benefits of or be otherwise subjected to
discrimination under any and all applicable Federal and State laws against discrimination.
I. It is understood and agreed that the entire Agreement between the parties is contained herein
and that this Agreement supersedes all oral agreements and negotiations between the parties
relating to the subject matter. All items referred to in this Agreement are presumed to be
incorporated or attached and are deemed to be part of this Agreement.
J. Representatives for each of the parties to this Agreement are as listed below:
Party Representative
Party
Carver County Roger Gustafson
County Engineer
11360 Hwy 212 West
Suite 1
Cologne, MN 55322
952-466-5200
Waconia
SWCTC Robert Lindall
Kennedy & Graven
470 U.S. Bank Plaza
200 South 6th Street
Minneapolis, MN 55402
612-337-9219
Victoria
NY A Kreg Schmidt
City Engineer
Bolton & Menk, Inc.
2638 Shadow Lane
Suite 200
Chaska, MN 55318
952-448-8838
Chanhassen
K. NONWAIVER, SEVERABILITY & APPLICABLE LAWS
1) Nonwaiver.
Representati ve
Kreg Schmidt
City Engineer
Bolton & Menk, Inc.
2638 Shadow Lane
Suite 200
Chaska, MN 55318
952-448-8838
Cara Geheren
City Engineer
TKDA, Inc.
1500 Piper Jaffray Plaza
444 Cedar Street
St. Paul, MN 5510 1
651-292-4400
Paul Oehme
City Engineer
7700 Market Blvd.
P.O. Box 147
Chanhassen, MN 55317
952-227-1169
Nothing in this Agreement shall constitute a waiver by the County of any statute of
limitations or exceptions on liability.
Page 5 of 6
Transportation Study Agreement
TH 5 Corridor Scoping
2) Severability.
If any part of this Agreement is rendered void, invalid or unenforceable such rendering
shall not affect the remainder of this Agreement unless it shall substantially impair the
value of the entire Agreement with respect to either party. The parties agree to substitute
for the invalid provision a valid provision that most closely approximates the intent of
the invalid provision.
3) Applicable Laws.
The Laws of the State of Minnesota shall apply to this Agreement.
L. Each party agrees that any modification of this agreement will be in writing and will be
signed by the parties hereto.
M. Each party understands this Project is scheduled to be completed in 2008. In the event the
project is not started in 2007, this contract shall be reasonably extended.
IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed.
Southwest Corridor Transportation Coalition
County of Carver, Minnesota
President, SWCTC
County Board Chair
Date:
Date:
Attest:
SWCTC
County Administrator
Date:
Date:
Approved As To Form:
Approved As To Form:
SWCTC Attorney
County Attorney
Date:
Date:
Page 6 of 6
Transportation Study Agreement
TH 5 Corridor Scoping
City of N orwood Young America, Minnesota
Mayor, City of Norwood Young America
Date:
Attest:
City Administrator
Date:
Approved As To Form:
City Attorney
Date:
City of Victoria, Minnesota
Mayor, City of Victoria
Date:
Attest:
City Administrator
Date:
Approved As To Form:
City Attorney
Date:
City of Waconia, Minnesota
Mayor, City of Waconia
Date:
City Administrator
Date:
Approved As To Form:
City Attorney
Date:
City of Chanhassen, Minnesota
Mayor, City of Chanhassen
Date:
City Administrator
Date:
Approved As To Form:
City Attorney
Date:
1\\
Capital Improvement Program
City of Chanhassen, MN
2007 thru 2011
Contact
Department Street Improvements
Type Unassigned
Useful Life
Category Unassigned
Priority nla
Project #
ST-019
Project Name TH 5 Corridor Study - TH 41 to TH 212
Account # 1 415-0000-4300
.;~~.
Account # 3
Account #2
Total Project Cost $10,000
Description
This is a joint project between Carver County, MnDot and the cities along the corridor to plan for future improvements..
Justification
I
This study is the first step in preliminary design and scoping to plan for improvements to the corridor. The city's portion of the project will be used
for the segment between TH 41 and the west city limits.
Expenditures
PlanninglDesign
2007
10,000
Total 10,000
2008
2009
2010
2011
Total
10,000
10,000
Funding Sources
MSA
2007
10,000
Total 10,000
2008
2009
2010
2011
Total
10,000
10,000
OperationallmpactJOther I
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