1g. 1) Approve Cooperative Agreement with Carver County7
MEMORANDUM
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CITY OF 5
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Action by City WM
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Dale Submitted to CommissbR
TO: Don Ashworth, City Manager
Dete Submitted to Couo
FROM: Charles Folch, Director of Public Works R_ - e L/ - C f-5� ,
DATE: August 8, 1995
SUBJ: Approve Joint Powers Agreement with Carver County for Reconstruction of
Galpin Boulevard (CSAH 19), Phase II (Timberwood Drive to Lyman Boulevard),
Carver County Project - City File No. PW -026E
Attached is the Joint Powers Agreement between Carver County and the City of Chanhassen for
the design and construction of the referenced Galpin Boulevard improvement project between
Timberwood Drive and Lyman Boulevard. This joint powers agreement is very similar to the
other two previous agreements between the City and County for the design and construction of
the Galpin Boulevard (Phase I) project from Trunk Highway 5 south to Timberwood Drive.
Carver County will be administrating the design and construction management and paying for the
majority of the project costs associated with this improvement. The only City costs involved are
for special urban elements associated with the project such as landscaping, additional pedestrian
trail, utilities and street lighting. In addition, the agreement does specify that should the County's
costs for the project exceed $900,000, the excess amount will be split 50/50 between the City and
County. The bulk share of the trunk water and sewer along Galpin Boulevard have already been
installed under previous contracts; however, a small segment of watermain will be required. It
should also be noted that all references in this agreement to the funding and construction of a
bridge underpass for a trail are not applicable as there will not be any such structure constructed
with this project.
Staff recommends approval of the Joint Powers Agreement dated August 14, 1995 between
Carver County and the City of Chanhassen for the design and construction of CSAH 19 ( Galpin
Boulevard) between Lyman Boulevard and Timberwood Drive, Carver County Project.
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Attachment: Joint Powers Agreement
c: Bill Weckman, Carver County
James Unruh, Barton- Aschman
gAeng \thanes \cc \galpinii agt
Agreement No.
Date: August 14, 1995
JOINT POWERS AGREEMENT
BETWEEN
CARVER COUNTY AND THE CITY OF CHANHASSEN
FOR
DESIGN AND CONSTRUCTION
OF
CSAH 19 (Signed CR 19 /Galpin Boulevard)
between
CSAH 18 and Timberwood Drive
THIS AGREEMENT, made and entered into by and between the City of Chanhassen, a municipal
corporation, organized under the laws of the State of Minnesota, party of the first part, hereinafter referred
to as "City ", and the County of Carver, Minnesota, a municipal corporation organized under the laws of
the State of Minnesota, party of the second part, hereinafter referred to as "County ";
WITNESSETH:
WHEREAS, The County and the City have been involved in discussions and studies relating to the design
and construction of:
Carver County State Aid Highway 19 (Signed CR 19 /Galpin Boulevard) between County State Aid
Highway 18 (Signed CR 18 /Lyman Boulevard) and Timberwood Drive, and
WHEREAS, County State Aid Highway (CSAH) 19 is under the jurisdiction of the County for purposes of
maintenance and improvements, and
WHEREAS, It is the desire of the City to assess a portion of the construction costs in accordance with its
street assessment policy to the property benefitted by the construction of said facilities, and
WHEREAS, It is the desire of both of the parties hereto to enter into a written document regarding the '
construction of said CSAH 19;
NOW, THEREFORE, Pursuant to Minnesota Statutes 471.59 and in consideration of the mutual covenants ,
and promises hereinafter contained, it is agreed by and between the City and the County as follows:
A. That this agreement shall apply only to the improvement of the following described portion of '
County State Aid Highway in the City:
CSAH 19 (Signed CR 19 /Galpin Boulevard) between CSAH 18 (Signed CR 18 /Lyman '
Boulevard) and Timberwood Drive, and
Said improvement shall include one pedestrian trail along the side of CSAH 19.
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Page 2
CSAH 19 Agreement No.
Carver County and City of Chanhassen
B. That said CSAH 19 is to be constructed, consistent with current State Aid Standards, as an
undivided urban street section with concrete curb and gutter having a width adequate for
accommodating four driving lanes.
C. That the Carver County Engineer will be the project manager in charge of each portion of said
described highway as and when same is designed and constructed.
D. Prosecution of the work will be performed on the following basis:
The County will:
1. Hire an engineering consultant firm to prepare and complete the construction feasibility
study; the soil investigations for both the feasibility study and 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.
2. Act as the contracting agency for the construction of the project in accordance with the
competitive bidding requirements of Minnesota Statutes 471.345 and 375.21.
3. Provide the necessary construction supervision, surveying, inspection and reporting
services required for construction approval by the County, the City, and 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. At the County's option, an engineering consultant firm may be hired to
complete this work.
4. Obtain a Chanhassen City Council Resolution approving the construction plans,
specifications and special provisions prior to advertising the project for bids.
5. Obtain a Chanhassen City Council Resolution restricting the parking of motor vehicles on
CSAH 19 prior to advertising the project for bids.
6. Obtain written approval of the construction plans for the project from the Minnesota
Department of Transportation, Office of State Aid, prior to contract award. Obtaining this
approval prior to advertising the project for bids is preferred.
7. Obtain concurrence from the City of Chanhassen in the award of a construction contract
for the project. The County shall not award the construction contract until the City
advises the County in writing of its concurrence therein.
8. Maintain the project open to inspection by the City's duly authorized representatives.
9. Obtain the written approval of the City Engineer for any change in orders or supplemental
agreements to the contract involving work in which the City is cost participating, prior to
the performance of such work.
Page 3
CSAH 19 Agreement No.
Carver County and City of Chanhassen
The City will:
1. Prepare, appraise, and acquire at its expense all necessary permanent and temporary
right -if -way, drainage easements and slope easements for the construction of the project
(with the desired permanent right -of -way being a minimum of 100 feet in width); and
assign any and all interest to said permanent and temporary acquisitions therein to the
County.
2. Institute and diligently pursue the acquisition of said right -of -way and easements as soon
as practicable after the ordering of the project, or a portion thereof, and subsequent to
the 'public hearing" pursuant to M.S.A. Chapter 429 as above set forth.
3. Hold a public hearing on the making of such improvements pursuant to Minnesota
Statutes, Chapter 429, prior to the award of a contract for the project.
E. That the design, construction, and funding of underpasses and bridges to accommodate a
pedestrian trail or trails through CSAH 19 shall be the sole responsibility of the City; the County
shall have no funding obligation toward the structure or structures.
F. That the design, construction, and funding of traffic signals at any intersection along the
described portion of CSAH 19 is not a part of this agreement.
G. That the County adopted policy for the division of costs for improvements to County State Aid
Highways within a municipality, said Policy being adopted by the Carver County Board of
Commissioners on February 8, 1972, a copy of which is attached hereto (Exhibit A) and made a
part hereof for reference, shall not apply to the improvement of the hereinbefore described
highway (CSAH 19).
H. That the County shall do all things necessary for the construction of said facilities except as set
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forth in this agreement.
I. That the City shall, in applying its subdivision regulations to future development proposals
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abutting the portions of road included in this agreement, require direct access to CSAH 19 via
public street intersection unless otherwise approved by the County.
J. The City agrees that the County shall be the sole owner of all accompanying documents including
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the original construction plans ("as-built"), specifications, and survey notes. The County will
provide a copy of the record plans to the City.
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K. The method of financing the improvement project shall be the prerogative of Carver County and
the City of Chanhassen. Funding of the project is subject to the following provisions:
1. UTILITY COSTS:
a. The City at its expense, if any, shall be responsible for the relocation and /or '
installation of "local' utilities included in, the construction of the project. Said
"local" utilities including, but not limited to, storm sewer, watermain, sanitary
sewer, electrical distribution and street lighting systems. '
Page 4
CSAH 19 Agreement No.
Carver County and City of Chanhassen
b. The City at its expense, if any, shall be responsible for the relocation of 'private'
utilities. Said uprivatem utilities including, but not limited to, natural gas, telephone,
cable, and electrical facilities. The County and the City shall exercise each of
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their respective authorities to have private utilities relocated within the limits of the
project.
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2. CONSTRUCTION COSTS:
a. The City will pay one - hundred (100) percent of the construction costs for CSAH
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19 trail underpasses and bridges installed as part of the project.
b. The City will pay one - hundred (100) percent of the utility construction costs and
one - hundred (100) percent of the cost of other construction items and items
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related thereto as specifically identified in this agreement to be the responsibility
of the city.
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C. The County will pay all other expenses included in the construction contract for
the project such as clearing and grubbing, grading, base, subgrade preparation,
dust control, storm sewer, concrete curb and gutter, bituminous trail, bituminous
pavement and traffic control up to a total amount of $900,000.00. If the total cost
to the County for all other expenses included in the construction of the project
exceeds $900,000.00, the City will pay to the County fifty (50 %) percent of the
portion of the County's total cost which is in excess of $900,000.00.
3. ENGINEERING COSTS:
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a. The City will pay all engineering costs for CSAH 19 trail underpass and bridge
structures installed as part of the project.
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b. The County will pay all other engineering costs for the project.
4. REIMBURSEMENTS:
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a. During each month of the term of the construction project, the County will bill the
City for its share of the construction and engineering budget costs. The City will
reimburse the County within thirty (30) days from receipt of invoice for any
t balance
due except as provided by Section L.4.b.
b. Upon completion and final acceptance of the project and receipt of a detailed
listing of the final actual construction and engineering costs, the City will
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reimburse the County within thirty (30) days for any balance due. In the event
the City deposit exceeds the actual final cost of the City share, the County will
refund within thirty (30) days such overpayment.
Page 5
CSAH 19 Agreement No.
Carver County and City of Chanhassen
L. The parties to this agreement shall be liable for its own acts to the extent provided for by law and
hereby agree to indemnify, hold harmless and defend the other named party to this agreement,
its officers, agents, employees, and volunteer workers against any and all liability, loss, costs,
damages, expenses, claims or actions, including reasonable attorneys' fees with the other, its
officers, agents, employees, and volunteer workers may hereafter sustain, incur or be required
to pay, arising from, or related to the provisions of services hereunder by reason of any act or
omission of the party, its officers, agents, employees and volunteer workers in the execution,
performance, or failure to adequately perform its obligations.
M. It is hereby understood and agreed that any and all employees of the City and all other persons
employed by the City in the performance of the provisions of services hereunder shall not be
considered employees of the County and that any and all claims that may or might arise under
the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so
engaged and any and all claims made by any third parties as a consequence of any act or
omission on the part of said City employees while so engaged in the performance of any of the
provisions of services hereunder shall in no way be the obligation of responsibility of the County.
N. 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 may or might arise
under the Worker's Compensation Act of the State of Minnesota on behalf of said employees
while so engaged and any and all claims made by any third parties as a consequence of any act
or omission on the part of said County 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 the
City.
O. Pursuant to Minnesota Statute 1613.06, Subd. 4, the County and the City agree that the County,
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 examine, audit, excerpt, and transcribe any books, documents, papers,
records, etc., which are pertinent to the accounting practices and procedures of the Contractor
and involve transactions relating to this Agreement.
The parties agree to maintain these records for a period of three years from the date of
termination of this Agreement.
P. 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.
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Page 6
CSAH 19 Agreement No.
Carver County and City of Chanhassen
R. Each party agrees that any modification of this agreement will be in writing and will be signed by
the parties hereto.
S. Each parry understands that the contract for CSAH 19 is scheduled to be awarded in 1995. In
the event that the contract for CSAH 19 is not awarded in 1995, this agreement shall be subject
to renegotiation.
IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed.
City of Chanhassen, Minnesota County of Carver, Minnesota
Mayor, City of Chanhassen Date Chairman, Bd. of Commiss. Date
Attest: Attest:
City Manager Date County Administrator Date
Approved As To Form: Approved As To Form:
City Attorney Date County Attorney Date