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1c. Lyman Boulevard Project 06-03: Approve Agreement 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 www.ci.chanhassen.mn.us ~(!, MEMORANDUM TO: Todd Gerhardt, City Manager FROM: 0. Paul Oehme, Director of Public W orks/City Engineer~<, DATE: December 10, 2007 ot(-! · SUBJ: Lyman Boulevard Improvement Project No. 06-03: Approval of Agreement BACKGROUND At the November 13, 2007 Council work session, staff reviewed the agreements with Council and discussed the improvements to Lyman Boulevard for Phase 1. AGREEMENT BACKGROUND In May 1994, the City entered into a "Master" County and the City of Chaska for future funding improvements in eastern Carver County. to use tax increment financing (TIP) to fund have all the roadways upgraded by 1998. roadways were completed: . Powers Boulevard, south ofTH 5 to Lyman . Galpin Boulevard, south of TH 5 to Lyman . Audubon Road, south of Lyman Boulevard to The only segment that was not completed is Boulevard to TH 41. Now that the City no longer Carver County have been discussing a new TH 41 to Powers Boulevard. The attached new cost participation for the future improvements. For Phase 1 improvement (Galpin Boulevard to Audubon School District 112 would contribute $1,000,000 for their share of the improvements to Lyman. Chaska would contribute 10% for their share of the improvements, while Carver County and Chanhassen would be responsible for 40% ofthep911strllctipl1 costs. For Phases II and III, Carver County and Chanhassen would be responsible for 45% of construction cost. Chaska would be responsible for 10% of the costs for all three phases. The reason Chaska is paying only 10% is because they paid for all of the Audubon Roadi~proY~Il1~~ts,fr'9mPioIleer Trail to Lyman Boulevard even though half of the roadway is located in Chanhassen. The Cities would be charged 20% of the construction costs for engineering. The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt Lyman Boulevard: Approve Agreement December 10,1007 Page 2 Acquisition of the right-of-way will be the responsibility of the Cities. It would be the responsibility of the affected City with regard to each needed parcel to acquire all permanent and/or temporary rights-of-way necessary for the roadway and for any trails in its jurisdiction. It is estimated that about 5.8 acres of property will be needed for the first phase improvements. The acquisition costs would be at the same contribution rates as for construction. PHASE 1 CONSTRUCTION Currently, Carver County is working on final design construction plans for Lyman Boulevard for Galpin Boulevard to Audubon Road South, CSAH 15. The project will widen Lyman Boulevard from a 2-lane rural section to a 4-lane urban divided roadway section with turn lanes and signals to accommodate the anticipated future traffic for the corridor. A bid date of May 2008 is planned with construction starting in June 2008 and final completion in 2009. The project is proposed at this time to accommodate the increased traffic on Lyman Boulevard projected from the Chanhassen High School. A pedestrian underpass is proposed under Lyman Boulevard between Audubon Road North and South. This underpass is a critical connection for the City's trail system. It will connect the new development areas south of Lyman Boulevard in the 2005 MUSA to the existing trail system north of Lyman Boulevard and to the High School. A trail is included in the project on the north side of Lyman Boulevard from Galpin Boulevard to Audubon Road North. A new crossing for the Twin Cities and Western Railroad is proposed to match the new roadway section. New crossing guard arms, roadway approaches and sensors will be installed. A signal preemption system will be installed when a train is approaching so the intersection can be cleared. A 16" trunk watermain will be installed from Galpin Boulevard to Audubon Road South in conjunction with the High School improvements. The watermain will be installed in the Lyman Boulevard right-of-way. A 16" trunk watermain from Audubon Road South to Audubon Road North is proposed to be installed in conjunction with the Lyman Boulevard improvement project to complete the trunk watermain looping system under Phase 1. A portion of the cost for the trunk watermain is proposed to be charged back to the future development. Watermain and sewer services are proposed to be stubbed to the Holasek property. These costs are proposed to be added to the connection charges when the property develops. Due to the schedule of the project, assessing the properties at this time would be problematic. At the November 13, 2007 work session, the Council directed staff to investigate if a roundabout would be a better option then a signal. A roundabout is a one-way circular intersection without traffic signal equipment in which traffic flows around a center island. g:\eng\public\...2006 projects\06-03 lyman imp (powers to th 41)\121007 approve agreement.doc Todd Gerhardt Lyman Boulevard: Approve Agreement December 10, 1007 Page 3 Unlike traffic circles from years ago, a modern roundabout can provide safe and effident traffic flow. It operates with yield control at the entry points and gives priority to vehicles within the roundabout. Roundabouts can reduce serious traffic accidents, and they eliminate the cost of signal equipment and electric energy costs to run them. Over 30 roundabouts have been built in Minnesota to date. However, for a roundabout to function properly a lot of engineering work and study needs to be complete. The only intersection in Phase 1 of the project that could be built with a roundabout is at the Galpin Boulevard intersection. From preliminary traffic review of the intersection a 2-lane roundabout would need to be built to handle the volume of traffic on Lyman Boulevard. Most roundabouts that have been built in the Minnesota are one lane. Staff has only been able to find one 2-lane roundabout built in Minnesota which has recently opened at Richfield Parkway (66th) and 17th A venue, Richfield. Two-lane roundabouts are a little more difficult to maneuver because merging in the roundabout takes place. A large educational campaign would be needed to educate the traveling public how to drive a 2-lane roundabout. The speed limit on Lyman Boulevard is anticipated to be 45 mph; going through a roundabout, a vehicle's speed should be 15 to 20 mph. Most Minnesota roundabouts are built in lower speed zones so the difference between traveled speed and speed through a roundabout is small. Greater speed changes from traveled to roundabout speed can create problems. If a roundabout is built at Galpin Boulevard, it may negatively affect the other signals by the high school because the vehicles may platoon out of the roundabout to the next intersection causing more delays along the corridor. A roundabout would save on signal installation costs and power, however, additional right-of- way would need to be acquired. Staff has discussed the feasibility of installing a roundabout at the Galpin Boulevard intersection with traffic engineers and the County. An Intersection Control Evaluation (ICE) report has been completed for this intersection which recommends a traffic signal over a roundabout. Staff does not recommend construction a roundabout at the Galpin Boulevard intersection based on our research, the ICE report and comments from other traffic professionals. FUNDING Funding for the 2008 project is proposed to come from several sources. The following is the proposed fund for the first phase of the project. School District 112 will be contributing $1,000,000 to the construction project and will be dedicating land. The land value dedicated is not included in the costs. It is assumed that MnDOT will allow Chanhassen's Municipal State Aid (MSA) funds to be advanced three years and used on an off-system corridor. g:\eng\public\_2006 projects\06-03 lyman imp (powers to th 41)\121007 approve agreement.doc Todd Gerhardt Lyman Boulevard: Approve Agreement December 10, 1007 Page 4 Arterial Collector Development Fund Revolving Assessment Fundi Abatement Funds MSA Other Agencies(County, Chaska, School District) Park Dedication Fund Surface Water Utility Fund Water Utility Fund Sanitary Sewer Utility Fund Total Project Cost $250,000 $400,000 $1,243,000 $5,457,000 $500,000 $800,000 $250,000 $50,000 $8,950,000 Cost estimates for future phases are identified in the 2008 Capital Improvements Program worksheet. Attachments g:\eng\public\_2006 projects\06-03 Iyman imp (powers to th 41)\121007 approve agreement.doc Capital Improvement Program City of Chanhassen, MN ST -003 Pl'oject # 2008 thru 2012 Contaet Unassigned Department Street Improvements Account # 1 Project Name Lyman Boulevard Improvements Type Improvement Useful Life Unassigned Category Priority nfa Account #2 Account # 3 Total Project Cost $19,850,000 Description -I The city will need to participate in the reconstruction of Lyman Boulevard between Powers Boulevard and TH 41. The street segment is proposed to be widened and urbanized to accommodate increased traffic volume from TH 212, new developments in the area and the new Chanhassen high school. Improvements include roadway widening, signals, stormsewer improvements, trail improvement and trunk watennain improvement. Phase I - 2008 - Improvements include the roadway section from Galpin Blvd to Audubon south Phase 1I - 20 I 0 -Improvements are from Audubon south to Powers Blvd Phase /II - 20] 2 - Improvements are from Galpin Blvd to TH 41 Justification I To improve safety and mobility along the corridor. Expenditures Construction Total 2008 8,950,000 8,950,000 2009 2010 5,300,000 5,300,000 2011 2012 5,600,000 5,600,000 Total 19,850,000 19,850,000 Funding Sources Arterial Collector Dvlpmnt Fee Assessment/Revolving Assess MSA Other Agency Contribution Park Dedication Fund Sewer Utility Fund Surface Water Utility Fund Water Utility Fund 2008 2009 2010 2011 250,000 1,000,000 400,000 1,243,000 490,000 5,457,000 2,710,000 500,000 350,000 50,000 50,000 800,000 450,000 250,000 250,000 8,950,000 5,300,000 2012 1,844,000 3,506,000 250,000 Total 1,250,000 400,000 3,577,000 11,673,000 850,000 100,000 1,500,000 . 500,000 NEW MASTER AGREEMENT THIS JOINT POWERS AGREEMENT REGARDING the improvement of certain roadways in Carver County (the "Joint Powers Agreement") is made effective , 2007 by and between the City of Chanhassen, a municipal corporation under the laws of Minnesota ("Chanhassen"), the City of Chaska, a municipal corporation under the laws of Minnesota ("Chaska") the County of Carver, a body corporate and politic under the laws of Minnesota ("Carver County"), and ISD #112 ("ISD 112"). . RECITALS WHEREAS, the parties recognize the need for certain highway improvements in eastern Carver County; and WHEREAS, a plan has been developed for constructing the needed highway improvements, which plan is contained in a document entitled "Eastern Carver County Transportation Study"; and WHEREAS, Chaska, Chanhassen and Carver County had entered into an agreement dated May 24, 1994 to implement the identified highway improvements; and WHEREAS, Chaska, Chanhassen and Carver County desire to terminate the May 24, 1994 agreement and enter into this New Master Agreement regarding the priQrity, timing and financing of. the remaining improvements identified in the "Eastern Carver County Transportation Study"; and WHEREAS, ISD #112 is desirous of becoming a party to this New Master Agreement and Chaska, Chanhassen and Carver County agree that ISD #112 should be a party to the New Master Agreement WHEREAS, Minnesota Statutes, Sections 471.59 and 471.656, as amended (collectively, the "Joint Powers Act"), provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, and that the agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units; and NOW THEREFORE, in consideration of their mutual covenants and obligations, the parties hereto agree as follows: Section 1. Definitions a. "County Road Improvements" or "Improvements" means those roads or portions thereof to be constructed or improved pursuant to this New Master Agreement. b. "Joint Powers Agreement" means one of the distinct agreements entered into subsequent to this New Master Agreement by Carver County and one or more of the Cities and/or ISD #112 relating to construction of a specific road project. c. "Lead Agency" means the public body designated in each Joint Powers Agreement as the entity primarily responsible for implementation of a specific road project. The Lead Agency may be Carver County, one of the Cities, or ISD #112 as agreed upon by the parties in each Joint Powers Agreement. d. "New Master Agreement" means this Joint Powers Agreement e. "Section 1 Road Improvements" shall mean those improvements to be constructed or reconstructed pursuant to this Agreement as identified in Exhibit A attached hereto. f. "Section 2A Road Improvements" shall mean those improvements to be constructed or reconstructed pursuant to this Agreement as identified in Exhibit A attached hereto. g. "Section 2B Road Improvements" shall mean those improvements to be constructed or reconstructed pursuant to this Agreement as identified in Exhibit A attached hereto. h. "Chanhassen" means the City of Chanhassen, Minnesota. 1. "Chaska" means the City of Chaska, Minnesota. J. "County" or "Carver County" means Carver County, Minnesota k. "ISD #112" means school distlict #112. Section 2. Termination of Agreement. Chaska, Chanhassen and Carver County agree that the Agreement dated May 24, 1994 is superceded and replaced by this New Master Agreement upon the approval of this New Master Agreement by Chaska, Chanhassen, Carver County and ISD #112. Section 3. Lead Agency. Carver County shall be the lead agency for the Section 1 and Section 2 road improvements described in this Agreement. It shall be the responsibility of Carver County to provide for the design of the road improvements described in this Agreement. The road improvements constructed within the Cities shall be of an urban design and provide for off- roadway trails. Carver County may utilize its engineering staff or may hire consulting engineers to accomplish the design work. Carver County shall be responsible for obtaining any permits, licenses or approvals necessary to construct the designated roadway. Chanhassen and Chaska 2 shall have the right to inspect, review and approve the plans and specifications for the roadway prior to the project being bid. ISD #112 shall have the right to inspect, review and approve the plans and specifications only for the Section 1 Road Improvements being bid. Carver County shall be responsible for bidding the project according to law. After receipt of the bids, but prior to award thereof, Chanhassen and Chaska shall have the right to review the bids and to reject all bids. After receipt of the bids, but prior to award thereof, ISD #112 shall have the right to review the bids and to reject the bids related to the Section 1 Road Improvements only. If any party wishes to reject all bids, the party so desiring may do so by notifying the others in writing of its intent and all bids shall be rejected in accordance with law. All costs incurred in constructing and engineering the designated road improvements, including all engineering costs prior to any rejection of all bids, shall be financed in accordance with Section 6 of this Agreement. Section 4. Further Joint Powers Agreements. Prior to constructing any roads described in this New Master Agreement, including Section 1, Section 2A and Section 2B improvements or portions thereof, Carver County, Chanhassen and Chaska must agree upon and enter into further Joint Powers Agreements specifying the details of that project.. Section 5. Right-of-Way Acquisition. ISD #112 shall dedicate to the County for roadway purposes sufficient land from its parcel located at 2200 Lyman Boulevard, Chanhassen, Minnesota to construct the designated road which fronts on the school district parcel for Section 1. The value of the land dedicated by ISD #112 for roadway purposes shall not be included in the costs to be shared among the parties pursuant to Section 6 and 7 of this agreement. Chanhassen and Chaska shall dedicate all lands owned by the respective City and necessary for the acquisition of right-of-way and other lands for roadway purposes. The value of the land dedicated by the respective City for roadway purposes shall not be included in the costs to be shared among the parties pursuant to Section 5, 6 and 7 of this agreement. For the remaining portions of Section 1 and Section 2A-1 it shall be the responsibility of the affected City or Cities with regard to each such project to acquire all permanent and/or temporary rights-of-way necessary for the roadway and for any trails, sidewalks and landscaping related thereto. Such acquisition shall be done by the City where the right-of-way is located. The affected City or Cities shall be responsible for ordeling their respective franchise holders to relocate the necessary utilities. Notwithstanding anything herein to the contrary, the affected City or Cities shall be responsible for removing its electrical transmission lines at its own expense. Chanhassen, Chaska and Carver County agree to share in the costs, including attorneys fees or any award of costs or attorneys fees under Minnesota Statutes SS 117.031 and 117.036, for the acquisition of right-of-way and other land needed for the Section 1 and Section 2A-1 Project in the following proportional rate: Chanhassen 45% Carver County 45% Chaska 10% Chanhassen, Chaska and Carver County agree to negotiate in good faith an additional agreement for the shming of the costs and attorneys fees for the acquisition of right-of-way and other land needed for the Section 2A and Section 2B Project. 3 Section 6. Financing of Section 1 Improvements. Chanhassen, Chaska and Carver County agree to pay for all Section 1 Road Improvements which are cunently estimated to cost $4,820,000. With respect to those costs, the pmiies agree to the allocation and payment schedule shown on Exhibit B attached hereto. The parties acknowledge that the actual cost of the Section 1 Improvements will equal the aggregate of the bid amounts accepted by the parties, including the cost of any change orders and supplemental agreements subsequently agreed to by the parties, plus 20% of these costs for engineering. Notwithstanding the foregoing, that portion of Section 1 Road Improvements to be paid by ISD #112 shall not exceed $1,000,000. If the total cost of Section 1 Improvements exceed or are less than the estimated costs in Exhibit B, the Cities and Carver County shall be responsible for the excess costs, or share in the savings, in the following proportional rate: Chanhassen 45% Carver County 45% Chaska 10% . If the County elects to issue bonds to finance, in whole or in part, its obligation pursuant to this Agreement, and any of the other parties also choose to issue bonds to finance their respective obligations, in whole or in part, the County may be the lead agency in issuing the bonds, if so agreed by the parties. Section 7. Financing of Section 2A and 2B Road Improvements. Chanhassen, Chaska and Carver County agree to pay for all Section 2A and 2B Road Improvements which are cunently estimated to cost $7,680,000. With respect to those costs, Chanhassen, Chaska and Carver County agree to the allocation and payment schedule shown on Exhibit B attached hereto. In the event ISD #112 elects to contribute to the cost of Section 2A or 2B Improvements, Exhibit B will be revised and payments to be made by the County and the Cites shall be reduced in the proportionate shares set forth in this section and Section 6. Chanhassen, Chaska and Carver County acknowledge that the actual cost of the Section 2A and 2B Improvements will equal the aggregate of the bid amounts accepted by the parties, including the cost of any change orders and supplemental agreements subsequently agreed to by the parties, plus 20% of these costs for engineering. The Cities and Carver County agree to fully finance the cost of Section 2A and 2B Road Improvements for which each is responsible in accordance with Exhibit B unless a different anangement is agreed upon in writing by all the parties. If the total cost of Section 2A or 2B Road Improvements exceed or are less than the estimated costs in Exhibit B, the Cities and Carver County shall be responsible for the excess costs, or share in the savings, in the following proportional rate: Chanhassen 45% Carver County 45% Chaska 10% The County shall use its general revenues, county state aid highway funds, abatements, bonds or any other funds legally available to it for the purpose of meeting its financial 4 obligations under this agreement. If the County elects to issue bonds to finance, in whole or in part, its obligation pursuant to this Agreement, and any of the other parties also choose to issue bonds to finance their respective obligations, in whole or in part, the County may be the lead agency in issuing the bonds, if so agreed by the parties. Section 8. Project Delays and Modification of Funding Schedule. The parties recognize that the ability to maintain the schedule of the Section 1 and Section 2 Improvements is contingent upon numerous factors, including some which are beyond the control of any or all of the parties. The parties also recognize that it may become necessary or convenient to modify the schedule of the Section 1 and/or Section 2 Improvements in the future. Whenever a Section 1 or Section 2 improvement shall be postponed or delayed from the schedule set forth in Exhibit D, the patiies shall be allowed to postpone or delay their financial contributions for costs not yet incun-ed by a similar pe110d of time. Section 9. Indemnification and Insurance. Pursuant to M.S. Sec. 471.59, subd. l(a) the parties to this agreement, and subsequent Joint Powers Agreements as discussed above, shall not be liable for the acts or omissions of the other governmental parties participating in the joint venture unless the participating governmental unit has agreed in writing to be responsible for the acts or omissions of another participating governmental unit. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the others, their officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution or performance or failure to adequately perform its obligations pursuant to this Agreement. It is understood and agreed that each party's liability shall be limited by the provisions of Minn.Stat.Chap.466 and/or other applicable law. If any party to this Agreement is not self-insured, each such party agrees that in order to protect itself as well as the other parties under the indemnity provision set forth above, it will at all times during the term of this Agreement keep in force: A. General Liability Insurance Policy with minimum limits of $1,000,000 combined single limit (CSL), with coverage pertaining to premises operations. In the event Combined Single Limits Coverage is not secured by the contractor, the following minimum limits apply: $2,000,000 Aggregate $2,000,000 Products and Completed Operations Aggregate $1,000,000 Personal Injury and Adveliising Injury $1,000,000 Each Occun-ence $ 100,000 Fire Damage Limit $ 5,000 Medical Expense The policy should be written on an "occun-ence" basis and not a "claims- made" basis. B. Automobile Liability Insurance including owned, non-owned, and hired vehicles in an amount not less than $1,000,000 combined single limit (CSL) for total bodily injm1es and/or damages arising from anyone 5 accident. If automobiles are not used, we must receive a letter from you stating this. C. Professional Liability Insurance (when required) in the minimum amount of $1,000,000 combined single limit (CSL). In the event Combined Single Limits Coverage is not secured by the Contractor, the following minimum limits apply: $2,000,000 Aggregate $1,000,000 per Wrongful Act or Occurrence D. Excess Umbrella Liability Policy in the amount of $1,000,000 will be additionally required if any of the above policies have lower limits than stated. E. Worker's Compensation Insurance. F. Prior to the effective date of this Agreement, and as a condition precedent, each party that is not self-insured will furnish the other parties with an original Certificate of Insurance listing each other party as an "Additional Insured" in all coverage areas except Worker's Compensation. Section 10. Data Privacy/Data Ownership. A. Minnesota Government Data Practices Act (Minn.Stat.Chap.13 and related statutes). All data collected, created, received, maintained, or disseminated, in any form, for any purposes because of this Agreement is governed by the Minnesota Government Data Practices Act (Minn. Stat. Chap. 13 and related statutes), as amended, the Minn.Rules implementing such Act, as amended, as well as Federal Regulations on data privacy. The person responsible for release of all data under this Agreement shall be identified by each party. B. Ownership. Ownership of all data prepared for or by the County whether having commercial value or not shall remain with the County. Section 11. Records Availabilitv and Retention. Pursuant to Minn.Stat. SI6C.05, Subd. 5, the parties agree that each party, 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, et., which are pertinent to the accounting practices and procedures of the parties involving transactions relating to this Agreement. The parties agree to maintain these records for a period of six years from the date of termination of this Agreement. Section 12. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors. Section 13. Waiver. If any Party fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 6 Section 14. Section Headings. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Section 15. Severability. If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect. Section 16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. Section 17. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office, or its Assigns under Section 11. Section 18. Complete Agreement. This Agreement and the Exhibits attached hereto represent the complete agreement of the parties hereto and shall supersede all previous and contemporaneous negotiations, cOlTespondence, commitments, agreements and understandings of the parties with respect to the transactions contemplated hereby. Section 19. Venue. Venue for all legal proceedings arising from this Agreement must be in the appropriate state or federal COUlt with competent jurisdiction in Carver County, Minnesota. Section 20. Third Parties. This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary IN WITNESS WHEREOF the parties have caused this agreement to be executed on the day first written above. County of Carver City of Chaska Chairman, Carver County Board Mayor, City of Chaska City of Chanhassen ISD #112 Mayor, City of Chanhassen By: Its: 7 I ~y.<< t . \:.." ~:...;t:;. \\,cp p,(P , f />.:':/ ./ r ..... "-// , ~~d'" :/;:~~;'/ ' "././ ,/,/ .- ,/" '" ,/,/,," / FILs' -<> '("' '$' M' NO. 1/ " J?:: ,. "[ -'6 _ "~~~:: -\:,;. , '" o:t'? -,' "> I "./',~~: j,~~\>:r:'~;~'?:<,\ //r\\ ,,~l> 8/:.i" ,~,. ',1'" /, ,\ .,,,, (' ~ :R""_~'fi"~~ , 1'.''''( ....::;~:.- ~ : \, ~J" ..';- .tI~ . # f..) . ''11'.'''' ~ .,':!)- , 'I" "" ,,-c. "'':#: ':'::~J:: .~--::~ \0 ~~~~~~\~;~~\' ' ~ '~._,.. 'ml~' ,/,. ,';.,. ~,' ",' ~1\' /'. "".". ~ W-' .." , ~~~~;~J\1'~-' .., u~_ / .....<.;-..:.l.<-~\ :-'...... ".m tlO ."~ ~~I~~~--;;\.:~~~~.~... "-.. }l ~ !/i'/ " ~'! fib , i 'f; <5'\//' ., ~ ~,' I ~ //;;tf //1 ~.- I . I. N 1'''*'''''' ~0' .......... ,;;0.... "1;'~.. .... j ',J ! L () T I . -' ~ ,d~ v., ;,\,,,> .~ p.00' j!! "" i !i .:::J~1': ~1' ,. ."'.027'''''' '8 --'1 Uf :?~' J' '.')?.:\;;: ;, ! .. . .'. j,': I .. if j '\' ,".;!f i .-~.\ ~ "1\ \ ~ ~~{: j \';o'>.-^:;.~,.,/) 'JUbL:'i /" '\ ~n : ", ,/ '\ii::"./ ",'. ~, , ~ ~~.~, ~"-W- !. ~ ~< ,. // ~ 1 / .----,// t ./~- :;1.:, f): 1:(W~'f' .~_.' / , c - CARVER COUNTY PUBUC WORKS CSAH 18: HWY JPA 41 to Exhibit CSAH A 17 DI?AIIN BY'SAS !JIIT€. 06/25/07 PAGE) 1 OF 2 9 " -.' ...."/ , , -~-::_~~~::=~JJA~-~- i - -------:~ ,- -. ,/,f'" . i:\. \'" .'~'. Q: ...-"'. <<: tL IJ) '" \1l :<: I, L~'(1I\'1G'J3SNn8:~ ~ :~;: .os) ;~ _.! . ~ ..' E:: ~. 'J \.) .Ql -J' ~i '<:- C) .... jcj'~: , :~.. ',"_1'id, t ,. . "- ~- lI.. -:~tE ' ,-- I I ~_ ~: I ,: i. --J)J.J ' f-~ua--._---'" t .. j !\ r ';r~~il ;~,~~''f:~~!Oc t.,.. \~~ ffi I -:.R'--' I.. .;,;:.,~ \C. ""-..1 ! ..9- -.... \:\ i \i. "'. . - . ~~_.." . '" ~- \)..'0 ~' ....._~ / .,.... ///1 / ~" 00- <o~ 1- / " , ~.._---~... .----- i)>'<'" 1 c - 18: HWY JPA 41 to Exhibit CARVER COUNTY PUBUC WORKS ;~.~ "" .""--- d " :.D CDC'I "c: Zo -iC .- ent; 0,1 , ~\ :: '\. ".....~~,;;--,. -=- or~li~~;;,~;.::-: '. "e"> CSAH A DRAI{N BY'SAS !!ATE:, 06/25/07 PAGE) 2 DF 2 17 10 EXHIBIT B Cost Allocation Schedule Exhibit B: Lyman Boulevard Estimated Cost Allocation Schedule As of 6/18/07 I. Section #1 (School Segment -- midway between CSAH 19 and the TC& W RR to midway between CSAH 15/Audobon Rd South and Audobon Rd North) # Jurisdiction Contribution Abatement Total Percentage Master reement Lyman ,rridor %'s General Cost Share OJ School District $4,820,000 $98,747 I $901,253 I $1,000,000 I Na Section #1 Total Estimate = na Section #1 Remaining Cost = $3,820,000 2 Chanhassen $1,014,917 $598,337 $1,613,254 42.23% 57.37% 3 Carver County $1,014,917 $950,829 $1,965,746 51 .46% 32.63% 4 Chaska $241 ,000 $0 $241,000 6.31% 10.00% City/County Contributions = $2,270,834 $1,549,166 $3,820,000 100.00% 100.00% Section #1 Totals = $2,369,581 $2,450,419 $4,820,000 II. Section #2A (Portion of corridor west of Section 1) # Jurisdiction Contribution Abatement Total Percentage Master reement Lyman ,rridor %'s General Cost Share 1 School District 2 Chanhassen $1,594,000 $1,594,000 40.29% 57.37% 3 Carver County $1,594,000 $1,594,000 40.29% 32.63% 4 Chaska $768,000 $768,000 19.41% 10.00% Section #2A Totals = $3,956,000 $0 $3,956,000 100.00% 100.00% III. Section #28 (Portion of corridor east of Section 1) # Jurisdiction Contribution Abatement Total Percentage Master reement Lyman ,rridor %'s General Cost Share 11 1 School District 2 Chanhassen $1,862,000 $1,862,000 50.00% 57.37% 3 Carver County $1,862,000 $1,862,000 50.00% 32.63% 4 Chaska $0 $0 0.00% 10.00% Section #2B Totals = $3,724,000 $0 $3,724,000 100.00% 100.00% IV. Entire Corridor Summary Master General Cost Share reement Lyman # Jurisdiction Contribution Abatement Total Percentage ,rridor %'s 1 School District $98,747 $901 ,253 $1,000,000 8.00% 2 Chanhassen $4,470,917 $598,337 $5,069,254 40.55% 57.37% 3 Carver County $4,470,917 $950,829 $5,421,746 43.37% 32.63% 4 Chaska $1,009,000 $0 $1,009,000 8.07% 10.00% Entire Corridor Totals = $10,049,581 $2,450,419 $12,500,000 100.00% 100.00% Notes: a. Costs include roadway construction and engineering including signals and railroad crossing. b. School district dedicates needed right of way in front of their property. c. All numbers are budget estimates. d. . %'s will be applied to final costs with the exception of the school district which is a fixed dollar contribution. e. . Funding sources are the responsibility of each individual jurisdiction. f. The $621,000 cost shift from Chanhassen to Carver County as a result of completion of the Powers to 101 segment is not included in the above #'s. 12 Page 1 of 7 CSAH 18 Agreement Carver County and the Cities of Chanhassen and Chaska JOINT POWERS AGREEMENT BETWEEN CARVER COUNTY, THE CITY OF CHANHASSEN, AND THE CITY OF CHASKA FOR CONSTRUCTION OF CSAH 18 (LYMAN BLVD) IMPROVEMENTS THIS AGREEMENT, made and entered into by and between the City of Chanhassen, a municipal corporation under the laws of Minnesota CChanhassen"), the City of Chaska, a municipal corporation under the laws of Minnesota ("Chaska") and the County of Carver, a body corporate and politic under the laws of Minnesota ("County''). WITNESSETH: WHEREAS, the County, Chaska, and Chanhassen, have been involved in discussions and studies relating to the improvement of CSAH 18 (Lyman Blvd) within and through the corporate limits of Chaska and Chanhassen extending from TH 41 to CSAH 17 (Powers Blvd), and WHEREAS, CSAH 18 is under the jurisdiction of the County for purposes of maintenance and improvements, and WHEREAS, the parties recognize the need for certain highway improvements on CSAH 18 (Lyman Blvd), and NOW THEREFORE, pursuant to Minnesota Statutes Section 471.59 and in consideration of the mutual covenants and promises hereinafter contained, it is agreed by and between Chaska, Chanhassen and the County as follows: A. That this agreement shall apply to the improvement of the portions of County State Aid Highway 18 defined as the "Project" which will include "Section 1" and "Section 2A-1" as described below: "Section 1" - CSAH 18 from a point approximately mid-way between CSAH 19 and the TC&W RR to a point approximately mid-way between CSAH 15 (Audubon Rd S) and Audubon Rd N, including the connections to CSAH 15, Hazeltine Lake Drive, and other accesses identified to be within the construction limits of the project. "Section 2A-1" - CSAH 18 from a point approximately 1,000 feet west of CSAH 19 to a point approximately mid-way between CSAH 19 and the TC&W RR, including the connection to CSAH 19 and other accesses identified to be within the construction limits of the project. Page 2 of 7 CSAH 18 Agreement Carver County and the Cities of Chanhassen and Chaska B. The Project is to be constructed, consistent with current State Aid Standards, as a divided urban street section with concrete curb and gutter in areas as mutually agreed upon between the County, Chaska and Chanhassen. C. The County Engineer will be the project manager in charge of the Project. D. Prosecution of the Project will be performed on the following basis: The County will: 1. Prepare and complete or, at the option of the County, hire an engineering consultant firm to prepare and complete the soil investigations for the design of the Project; the construction plans, specifications, and special provisions; the estimate of construction cost; the permanent and temporary right-of-way, drainage, and slope acquisition descriptions; and the other tasks required to complete the design of the Project, acquire necessary permits and approvals from reviewing agencies, and otherwise provide for the construction of the project. The City Engineer or its consultant may be used to assist with the preparation and completion of the city drainage and utility plans and specifications. The County shall abide by Mn/DOT standard specifications, rules and contract administration procedures 2. Act as the contracting agency for the construction of the Project in accordance with the competitive bidding requirements of Minnesota Statutes Sections 471.345 and 375.21. 3. Provide the necessary construction supervision, surveying, inspection and reporting services required for construction approval by the Minnesota Department of Transportation, Office of State Aid. Said services shall include keeping adequate records to document the quality of construction and to substantiate pay quantities. The County can, at the County's option, contract with an engineering consultant to provide construction inspection services. 4. Obtain a City Council Resolution from Chaska and Chanhassen approving the construction plans, specifications and special provisions prior to advertising the Project for bids. 5. Obtain approvals from Chanhassen and Chaska for the award of a construction contract for the Project. The County may not award the construction contract until Chanhassen and Chaska advise the County in writing of their approval. 6. Maintain the Project open to inspection by Chanhassen's and Chaska's representatives. 7. Obtain the written approval of the Chanhassen and/or Chaska City Engineer for any change in orders or supplemental agreements to the contract involving work in which Chanhassen or Chaska is cost participating, prior to the performance of such work. 8. Upon Project completion, the County shall be responsible for all roadway pavement maintenance within County right-of-way. Page 3 of 7 CSAH 18 Agreement Carver County and the Cities of Chanhassen and Chaska Chanhassen and Chaska will: 1. Hold a public hearing on the making of such improvements pursuant to Minnesota Statutes, Section 429, prior to the award of a contract for the project if Chanhassen or Chaska chooses to assess a portion of its construction and/or other costs. 2. Prepare, appraise, and acquire all necessary permanent and temporary right-of-way, drainage easements and slope easements for the construction of all portions of the project located within the corporate limits of the City. 3. Be responsible for observing the installation of all municipal utilities to verify to its satisfaction the installation of said utilities has been performed in accordance with its policies, procedures and the plans and specifications. E. Project and other related construction costs, including but not limited to the following, shall be shared as stipulated in the New Joint Powers Agreement between Chanhassen, Chaska, ISD 112 and the County, except as otherwise specifically provided: a. Clearing and grubbing; b. Removal and salvage; c. Grading, Base, and Surfacing; d. Curb and gutter; e. Medians f. Retaining walls; g. Turf establishment; h. Pavement markings and signing; i. Mobilization, field office, and traffic control; j. Sidewalks and bikeways; k. Mitigation required by state and federal permits; I. Storm sewer and other drainage facilities; m. Replacing and restoring fences and driveways; n. Reconstructing or adjusting sanitary sewer, storm sewer and detention ponds, watermains and appurtenances, and intersection lighting due to roadway construction; o. Relocating or adjusting privately owned utilities when not performed at the expense of the utility; p. Landscaping; q. Traffic signals and luminaires. H. Chanhassen and Chaska agree that the County shall be the sole owner of all accompanying documents including the original construction plans ("as-builfj, specifications, and survey notes. 1. The method of financing the improvement Project shall be the prerogative of the County, Chanhassen and Chaska. Page 4 of 7 CSAH 18 Agreement Carver County and the Cities of Chanhassen and Chaska 1) OTHER CONSTRUCTION COSTS: a. Chanhassen and/or Chaska will pay one hundred percent (100%) of the final construction costs for any pedestrian underpasses in their municipality. b. Chanhassen and Chaska will pay one hundred percent (100%) of the final costs for municipal utilities including street lighting. c. Chaska and Chanhassen will pay one hundred percent (100%) of the costs, including attorneys fees or any award of costs or attorneys fees under Minnesota Statutes SS 117.031 and 117.036, for the acquisition of right-of- way and other land needed for the Section 1 and Section 2A-l Project within their respective corporate limits. d. Costs that may be incurred by the Project for relocation or adjustments of the Xcel Electrical Transmission Line east of CSAH 15 (Audubon Rd) shall be considered a project cost for the purpose of cost sharing participation. e. Costs that may be incurred by the Project for relocation or adjustments of the Magellan Pipeline Company petroleum product pipeline shall be considered a Project cost for the purpose of cost sharing participation. f. Costs that may be incurred by the Project for improvements to the TC&W railroad crossing shall be considered a project cost for the purpose of cost sharing participation. 2) ENGINEERING COSTS: a. Chaska will reimburse the County a total amount of 20.0% of Chaska's portion of the Project construction costs as payment for engineering performed by the County pursuant to this agreement. b. Chanhassen will reimburse the County a total amount of 20.0% of Chanhassen's portion of the Project construction costs as payment for engineering performed by the County pursuant to this agreement. 3) REIMBURSEMENTS: a. During each month of the term for the construction project, the County will bill the City for its share of the construction and engineering costs. The share of the construction costs will be determined as stipulated in the New Joint Powers Agreement between Chanhassen, Chaska, ISD 112, and the County included as Exhibit A and sections E, 1-1 Other Construction Costs and 1-2 Engineering Costs herein. b. Upon completion and final acceptance of the project, receipt of a detailed listing of the final actual construction and engineering costs, the City will reimburse the County within thirty (30) days for any balance due. In the event the City Page 5 of 7 CSAH 18 Agreement Carver County and the Cities of Chanhassen and Chaska deposit exceeds the actual final costs of the City share, the County will refund the City within thirty (30) days such overpayment. J. Upon completion of the storm sewer and associated ponding facilities and final acceptance of the improvements thereof, Chaska and Chanhassen agree to maintain the storm sewer and ponds on CSAH 18 within their respective corporate limits in accordance with County policy and the requirements of the Watershed District(s). K. The County agrees to defend, indemnify, and hold harmless Chanhassen and Chaska against any and all c1aimsr liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. Chaska and Chanhassen agree to defend, indemnify, and hold harmless the County against any and all claims, Iiabilityr loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from their negligent acts or omissions and/or those of their employees or agents. All parties to this agreement recognize that liability for any claims anslng under this agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of the provisions of services hereunder shall not be considered employees of the City and that any and all claims that mayor might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by third parties engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the City. L. Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the City agrees that the County, 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, papersr records, etc., which are pertinent to the accounting practices and procedures of the City and involve transactions relating to this Agreement. City agrees to maintain these records for a period of six years from the date of termination of this Agreement. M. Pursuant to Minnesota Statute Section 16C.05, Subd. 5, the County agrees that the City, 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 examiner audit, excerpt, and transcribe any booksr documentsr papers, recordsr etc., which are pertinent to the accounting practices and procedures of the County and involve transactions relating to this Agreement. Page 6 of 7 CSAH 18 Agreement Carver County and the Cities of Chanhassen and Chaska County agrees to maintain these records for a period of six years from the date of termination of this Agreement. N. During the performance of this Agreement, the City and the County agree to the following: 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. O. Each Party to this agreement reserves the right to withdraw from and cancel this agreement within 30 days from the opening of bids for the project in the event either or both parties consider any or all bids unsatisfactory; the withdrawal from or cancellation of the agreement to be accomplished by either or both parties within 30 days of opening of bids by serving a written notice thereof upon the other, unless this right is waived by both parties in writing. P. Each party agrees that any modification of this agreement will be in writing and will be signed by the parties hereto. Q. Each party understands the contract for this project is scheduled to be awarded in 2008. In the event the contract for this Project is not awarded in 2008, this contract shall be subject to termination or renegotiation by written notice of one party to the other parties. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed. City of Chanhassen County of Carver, Minnesota Mayor, City of Chanhassen County Board Chair Date: Date: Attest: Attest: City Administrator County Administrator Date: Date: Approved As To Form: Approved As To Form: City Attorney County Attorney Date: Date: Page 7 of 7 CSAH 18 Agreement Carver County and the Cities of Chanhassen and Chaska City of Chaska Mayor, City of Chaska Date: Attest: City Administrator Date: Approved As To Form: City Attorney Date: I~ 0......, \). 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