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1i. County Road Funding AgreementsL - I I 1 MEMORANDUM CITY OF /�`' CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Charles Folch, Director of Public Works /City Engineer DATE: April 18, 1994 SUBJ: Approve Contract Amendment No. 2 to Trunk Highway 101 North Leg Realignment Railroad Improvements Project No. 88 -22B -1 Attached is Contract Amendment No. 2 for the Trunk Highway 101 North Leg Realignment Railroad Improvement Project No. 88- 22B -1. This contract amendment work `'`involved widening the sidewalk crossing element through the tracks. This change was necessary as the result of widening the trails and walks within the project from 6 feet to 8 feet. The widened railroad walk crossings will now accommodate the City's snow removal equipment. It is therefore recommended that the City Council approve Contract Amendment No. 2 to the Trunk Highway 101 North Leg Realignment Railroad Improvement Project No. 88 -22B -1 in the amount of $2,247.00 yielding a revised contract amount of $335,943.00. With this change order the railroad portion of the Trunk Highway 101 North Leg Realignment Improvement Project will be completed and final payment made. ktm Attachment: Contract Amendment No. 2 c: Dave Hempel, Assistant City Engineer Action by City Administrator ' Jon Horn, BRW fnndorsed - D k) A George F. Cook Construction' Co. Modif g: \eng \chartes \cc \northleg Rejecte ' Dat Dote Submitted to Commission ' Date Sti'n'ted to Council -{ - A5 -9 y ti t EFv"I CCFy C; y co�-yJ Contractor COPY CITY OF CHANHASSEN Inspector Copy CONTRACT AMENDMENT Project: TH 101 Realignment (North Leg) Railroad Improvements City Project Number: 88 -22C Amendment Number: (2) Two Date: January 10, 1994 Contractor: George F. Cook Construction Company The additions, revisions and corrections contained herein shall be made t &� e documents for the project and shall become a part of the Scope of Work. Description of Changes: A. The Contractor has performed additional work to extend wood plank sidewalk crossings along TH 101 and West 78th Street. The width of the TH 101 sidewalk crossing was extended as a result of the widening of the sidewalk from 6 feet to 8 feet as requested by City staff. The West 78th Street sidewalk crossing was extended to facilitate easier snow clearing by the Public Works staff. The sidewalk crossing extension work was performed on a time and materials basis. Hours and material invoices were reviewed and approved by the Engineer in the amount of $2,247.00. The sidewalk crossing extension work has, therefore, resulted in the creation of a new lump sum pay item as follows: Bid Schedule A - Railroad Improvements Seq. No./ Mn /DOT No. 3 SUMMARY Unit Item Unit Price Extend Sidewalk LS $2,247.00 Crossings Current Contract Amount: Item A Net Add Contract Amendment No. 2 Add: Amended Contract Amount: $14186 Original Quantity Amount Contract Increase/ Add/ Quantity (Decrease) (Deduct) 0.00 1.00 $2,247.00 Net Contract Change Add $2,247.00 $2,247.00 CA2 -1 $333,696.00 2,247.00 $335,943.00 APPROVALS RECOMMENDATIONS BY: BRW, Inc. By: Title Project Manager ACCE D BY: George F. Cook Construction B �� Title VICE PRESIDENT APPROVED BY: City of Chanhassen Title City Engineer Date: I LO 9` Date: C. Date: #14186 CA2 -2 it LJ CITY OF = CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 ' TO: Mayor and City Council ' FROM: Don Ashworth, City Manager ' DATE: April 25, 1994 SUBJ: County Road Funding Agreements: a. Master Agreement b. County 17, Lyman to Highway 5 C. Galpin Boulevard, Highway 5 to Timberwood The Master Agreement has been before the city council on various occasions for nearly one year. The final version does not substantively change from the agreement which was previously approved by the city approximately two months ago. As the Master Agreement sets the stage for "project specific" agreements, I have included the Master Agreement more so for reference. By contrast, the project specific agreements that are attached have not previously been reviewed by the city council. As I ponder how to carry out an analysis of those agreements, I quickly find myself perplexed. Specifically, a report describing the technicalities could easily be 30 pages long, i.e. county advanced funding, lead agency roles, county funded portions of the project versus city responsibilities, debt service details, tax increment anomalies including "excess levy distributions," etc., etc. There may be an easier solution. Approval is recommended. MEMORANDUM t 17 1 f Attorneys at Law ROBERT A. ALSOP RONALD H. BATTY STEPHEN J. BUBUL JOHN B. DEAN MARY G. DOBBINS STEFANIE N. GALEY CORRINE A. HEINE JAMES S. HOLMES DAVID J. KENNEDY JOHN R. LARSON WELLINGTON H. LAW CHARLES L. LEFEVERE JOHN M. LEFEVRE, JR. ROBERT J. LINDALL April 8, 1994 Mr. Don Ashworth City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 WRITER'S DIRECT DIAL, (612) 337 -9262 s RtDBERTC2E4*G LAURA K. MOLLET BARBARA L PORTWOOD JAMES M. STROMMEN JAMES J. THOMSON, J& LARRY M. WERTHEIM BONNE L WILKINS GARY P. WINTER DAVID L GRAVEN (1929 -1991) OF COUNSEL ROBERT C. CARLSON ROBERT L DAVIDSON T. JAY SALMEN ' RE: County Road Funding Agreement Dear Don: Enclosed is the final version of the captioned document. It is now in acceptable form to the county's attorney while preserving what I believe we need. ' I am mailing a copy of the final agreement to the distribution list and will send you the six originals for execution. If there is anything else, please let me know. Sincerely, Ronald H. Batty HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337.9300 Facsimile (612) 337 -9310 HOLMES & GRAVEN CHARTERED Attorneys at Law ROBERT A. ALSOP RONALD H. BATTY STEPHEN J. BUBUL JOHN B. DEAN MARY G. DOBBINS STEFANIE N. GALEY CORRINE A. HEINE JAMES S. HOLMES DAVID J. KENNEDY JOHN R. LARSON WELLINGTON H. LAW CHARLES L. LEFEVERE JOHN M. LEFEVRE, JR. ROBERT J. LINDALL 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337 -9300 Facsimile (612) 337 -9310 WRITER'S DIRECT DIAL (612) 337 -9262 t ROBERT C. LONG LAURA K. MOLLET BARBARA L PORTWOOD JAMES M. STROMMEN JAMES J. THOMSON, JIL LARRY M. WERTHEIM , BONNIE L WILKINS GARY P. WINTER DAVID L I. - RAVEN (1929. 1991)' OF COUNSEL ROBERT C. CARLSON ROBERT L. DAVIDSON T. JAY SALWIEN I April 11, 1994 Mr. Don Ashworth City of Chanhassen 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 RE: County Highway Agreement Dear Don: After I sent out the six originals of the captioned Agreement for signature, I received a message from Tom Johnson about an error in section 3 of the document. According to Tom, the highway study should be entitled 11 1993 -1998 Eastern Carver County Highway Construction Plan Projects". The Agreement uses the dates 1993- 1996. Tom's correction seems accurate but I do not have a copy of the study to confirm it. In case he is correct, I am enclosing six new pages showing the dates as 1993 -1998. These pages may be substituted for the old ones. Sincerely, Ronald H. Batty RHB : ckr i FB II �J AGREEMENT I THIS AGREEMENT is made this _ day of , 1994, by and among 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 "' and the County of Carver, a body corporate and politic under the laws of Minnesota:. ( "Carver County"). WITNESSETH: WHEREAS, Chanhassen, Chaska and Carver County recognize the need for certain highway improvements in eastern Carver County; and ' WHEREAS, Chanhassen, Chaska and Carver County have developed a plan for constructing the needed highway improvements, which plan is contained in a document entitled "Eastern Carver County Transportation Study" (the "Study ") ; and WHEREAS, the Study identifies the traffic and highway needs from the present through the year 2005 within the eastern portion of Carver County, including the cities of Chanhassen and Chaska; and WHEREAS, the parties are desirous of implementing the Study and wish to enter into this Agreement regarding the priority, timing and financing of the ' construction projects to be undertaken to complete the highway improvements; and WHEREAS, the parties intend for individual construction projects to be governed by joint powers agreements ( "Joint Powers Agreements ") consistent with this Agreement in furtherance of efforts to construct the necessary highway improvements in the eastern portion of Carver County. NOW, THEREFORE, in consideration of their mutual covenants and obligations, the parties hereto agree as follows: Section 1. Definitions For the purpose of this Agreement, the following terms shall have the meanings given below unless a different meaning is clear from the context: a) "Chanhassen" means the city of Chanhassen, Minnesota. b) "Chaska" means the city of Chaska, Minnesota. c) Cities means, collectively, the cities of Chanhassen and Chaska. ' d) "County" or "Carver County" means Carver County, Minnesota. e) "County Road Improvements" or "Improvements" means those roads or portions thereof to be constructed to implement the Study. (f) "Joint Powers Agreement" means one of the distinct agreements entered into subsequent to this Agreement by the County and one or both of the Cities relating to construction of a specific road project of the Phase I Road Improvements. RHE55362 CE130 -26 I g) "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 or one of the Cities as agreed upon by the parties in each Joint Powers Agreement. h) "Phase I Roads Improvements" or "Phase I Improvements" means those Improvements to be constructed or reconstructed pursuant to this Agreement as identified in Exhibit A attached hereto. i) "Phase II Road Improvements" or "Phase II Improvements" means the additional Improvements which are to be constructed or reconstructed by mutual agreement of the parties from among those identified in the Study but only if the parties are successful in securing additional funding beyond that which is necessary for the Phase I Improvements. j) "Study" means the Eastern Carver County Transportation Study. k) "Tax Increment" means tax increment revenues received by Chanhassen or Chaska from one of their tax increment financing districts and used to pay f or a portion of the cost of the Phase I Road Improvements. Section 2. Statutory Authorization and Warranties This agreement is atade pursuant to Minnesota Statutes section 471.59. Each party represents that it has the power to enter into this Agreement and that nothing in its ordinances, charters or other regulatory agreements prohibits the fulfillment of its obligations under this Agreement. The parties further represent that this Agreement has been executed on behalf of each party by the properly authorized person or persons and that this Agreement constitutes a legally binding obligation of such party. Section 3. Lead Agency; Design of Phase I Improvements The Phase I Road Improvements to be constructed pursuant to this Agreement are those contained in document entitled 11 1993 -1998 Eastern Carver County Highway Construction Plan Projects" dated November 19, 1993 and attached hereto as Exhibit A. It shall be the responsibility of the Lead Agency to provide for the design of the Phase I Road Improvements to be constructed pursuant to each Joint Powers Agreement. The Phase I Improvements constructed within the Cities will be of an urban design and provide for off - roadway trails. The Lead Agency may utilize its engineering staff or may hire consulting engineers to accomplish the design work. The Lead Agency shall be responsible for obtaining any permits, licenses or approvals necessary to construct the Phase I Improvements. The other parties shall have the right to inspect,review and approve the plans and specifications for the Phase I Road Improvements prior to each project being bid by the Lead Agency. The Lead Agency shall be responsible for biding the projects according to law. After receipt of the bids, but prior to award thereof, the Lead Agency and other partiesshall have the right to review the bids and to reject all bids. If any affected 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. The County and the Cities agree to complete all of the Phase I Road Improvements prior to December 31, 1998, unless an alternative date is mutually agreed upon in writing by the County and the Cities. All costs incurred in constructing the Phase I Road Improvements shall be financed in accordance with Section 6 of this Agreement. Section 4. Joint Powers Agreements Prior to constructing any road or portion of the Phase I Road Improvements, the parties shall enter into a Joint Powers 17 Ll REB55362 ' CH130 -26 u C 1 fl U Agreement specifying the details of construction of that project. In each Joint Powers Agreement, the County or one of the Cities shall be designated as the Lead Agency. The Joint Powers Agreement shall be prepared by the Lead Agency, shall be consistent with this Agreement and shall be in a form similar to the document attached hereto as Exhibit B. Section 5. Right -of -Way Acquisition It shall be the responsibility of the affected City or Cities with regard to each Phase I Improvement to acquire all permanent and temporary right -of -way necessary for the roadway and for any trails and landscaping related thereto. Such acquisition shall be done at the sole expense of the City affected by the project, which costs shall not be included in the costs to be shared among the parties pursuant to section 6 of this Agreement. In the case of any Phase I Road Improvements which involves land in both Cities, the Cities shall share equally in the cost of right -of -way acquisition. The affected City or Cities shall be responsible for ordering their respective franchise holders to relocate the necessary utilities. Notwithstanding anything herein to the contrary, Chaska shall be responsible for removing its electrical transmission lines at its own expense. Section 6. Financing of Phase I Improvements The parties agree to pay for all the Phase I Road Improvements, which it is currently estimated will cost $15,876,600. With respect to those costs, the parties agree to the allocation and payment schedule shown on Exhibit C attached hereto. The parties acknowledge that the actual cost of the Phase I Improvements will equal the aggregate of the bid amounts accepted by the parties, including the cost of any change orders subsequently agreed to by all affected parties. The parties agree to fully finance the cost of those Phase I Improvements for which each is responsible in accordance with Exhibit C unless a different arrangement is agreed upon in writing by the affected parties. The County shall use its general revenues and county state aid highway funds and any other funds legally available to it for the purpose of meeting its financial obligations under this Agreement. The Cities shall utilize Tax Increment, general revenues and any other funds legally available to them to satisfy their obligations under this Agreement. The Cities agree to take such actions as may be necessary or desirable to enable them to utilize Tax Increment to meet their obligations under this Agreement. This obligation shall not, however, extend to the doing of anything which is now or hereafter prohibited by the tax increment financing act, Minnesota Statutes sections 469.174 through 469.179. Section 7. Project Delays and Modification of Funding Schedule. The parties recognize that the ability to maintain the schedule of the Phase I 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 Phase I Improvements in the future. Whenever a Phase I Improvement shall be postponed or delayed from the schedule contained in Exhibit C, the parties shall be allowed to postpone or delay their financial contributions for costs not yet incurred by a similar period of time. Section 8. Return of Excess Increment The parties recognize that in the years 2001, 2002 and 2003 and, in 2004 if permitted by law, Chanhassen shall return to Carver County certain funds which will be considered to be "excess increment" within the meaning of Minnesota Statutes Sections 469.174 through 469.179. Carver County agrees to receive and to return to Chanhassen all such funds needed to reimburse Chanhassen for its Tax Increment contributions from the date of this Agreement to April 1, 2001 as would otherwise be redistributed to Chanhassen and Carver County pursuant to Minnesota Statutes section 469.176, subd. 2. REB55362 CH130 -26 r Section 9 . Phase II Road Improvements The parties recognize the desirability of implementing further road improvements within eastern Carver County in fulfillment of the needs outlined in the Study. However, the parties cannot presently commit to such financial obligations. The parties agree to examine further funding options and to pursue those options in good faith, consistent with sound public policy. Chanhassen agrees to continue to explore methods to increase its available Tax Increment for purposes of the Phase II Road Improvements. Carrver County and Chaska agree to assist and support Chanhassen in this effort. Notwithstanding anything else herein to the contrary, this Agreement commits the parties only to the funding and construction of the Phase I County Road Improvements. Section 10. Miscellaneous This Agreement may be executed in any number of originals, each of which shall be considered an original. This Agreement shall be interpreted under the laws of the state of Minnesota. This Agreement may be modified only in writing signed by all parties. For the purposes of any notice which must be given pursuant to this Agreement, notice shall be sufficient if delivered personally or by prepaid mail delivered to: (a) As to the City of Chanhassen: 690 Colter Drive Chanhassen, Minnesota 553:17 Attn: City Manager (b) As to the City of Chaska: (c) As to Carver County: One City Hall Plaza Chaska, Minnesota 55318 Attn : City Manager 600 East 4th Street P. O. Box 12 Chaska, MN 55318 -2188 t IN WITNESS WHEREOF the parties have caused this agreement to be executed on the day first written above. CITY OF CHANHASSEN CITY OF CHASKA Don Chmiel, Mayor Don Ashworth, City Administrator Robert Roepke, Mayor Dave Pokorney, City Administrator RHB55362 CE130 -26 ' The foregoing instrument was acknowledged before me this day of 1994, by Don Chmiel and Don Ashworth, the Mayor and City Manager, respectively, of the City of Chanhassen, a Minnesota municipal corporation, on ' behalf of the City. Notary Public STATE OF MINNESOTA ) SS. ' COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1994, by Robert Roepke and Dave Pokorney, the Mayor and City Administrator, respectively, of the City of Chaska, a Minnesota municipal corporation, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1994, by and , the Chairman of the Board of Commissioners and County Administrator, respectively, of the County of Carver, a body corporate and politic under the laws of Minnesota, on behalf of the County. Notary Public This document drafted by: HOLMES & GRAVEN, CHARTERED ' 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 RSB55362 CE130 -26 u COUNTY OF CARVER Chair, Board of Commissioners ' County Administrator STATE OF MINNESOTA ) SS. COUNTY OF ) ' The foregoing instrument was acknowledged before me this day of 1994, by Don Chmiel and Don Ashworth, the Mayor and City Manager, respectively, of the City of Chanhassen, a Minnesota municipal corporation, on ' behalf of the City. Notary Public STATE OF MINNESOTA ) SS. ' COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1994, by Robert Roepke and Dave Pokorney, the Mayor and City Administrator, respectively, of the City of Chaska, a Minnesota municipal corporation, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1994, by and , the Chairman of the Board of Commissioners and County Administrator, respectively, of the County of Carver, a body corporate and politic under the laws of Minnesota, on behalf of the County. Notary Public This document drafted by: HOLMES & GRAVEN, CHARTERED ' 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 RSB55362 CE130 -26 u d K3 V m W e, >b I 0 Il v 8 ri N � cc � z n a O C U D co z Y U U U. O 0 = U z W U d h c r Z W O Q < U LLJ U m IL w 1 W y F C: Q t0 C> C O U 1 p pi I 0 Il v 8 ri ✓�F 1 0- o'7 -II 1 �I PUBLIC WORKS DEPARTMENT (612) 361.1010 FAX (612) 361 -1025 COUNTY OF CAQVEQ March 16, 1994 Don Ashworth Chanhassen City Manager 690 Coulter Drive Chanhassen, MN 55317 Re: S.A.P. 10- 617 -11 (CSAH 17 between CSAH 18 and TH 5) Joint Powers Agreement Dear Mr. Ashworth: CARVER COUNTY COURTHOUSE 600 EAST 4TH STREET, BOX 6 CHASKA, MINNESOTA 55318 Enclosed with this letter is the joint powers agreement between Carver County and the City of Chanhassen for designing and constructing CSAH 18 (Powers Blvd) between CSAH 18 (Lyman Blvd) and TH 5. This document has been prepared consistent with the "highway master agreement" between Carver County, the City of Chaska, and the City of Chanhassen. If this agreement is acceptable to the City of Chanhassen, please have the identified city officials execute all four copies of it. Upon execution, please return all the document to me for execution by Carver County. A fully executed copy of the agreement will be returned to you for your files. Thank you for your cooperation in advancing the status of this project. ' Sincerel , .: .-` Roger M. Gustafso , P.E. County Engineer Enclosures Affirmative Action/Equal Opportunity Employer Prinledon Re vwled Paper conhun: Minmnrrn 10 Post Consumer Waste J Agreement No. I JOINT POWERS AGREEMENT BETWEEN CARVER COUNTY AND THE CITY OF CHANHASSEN FOR DESIGN AND CONSTRUCTION OF CSAH 17 (Signed CR 17 /Powers Boulevard) 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, parry 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 17 (Signed CR 17 /Powers Boulevard) between County State Aid Highway 18 (Signed CR 18 /Lyman Boulevard Trail) and Trunk Highway 5, and WHEREAS, County State Aid Highway (CSAH) 17 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 17; 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: I CSAH 17 (Signed CR 17 /Powers Boulevard) between CSAH 18 (Signed CR 18 /Lyman Boulevard) and Trunk Highway 5, and , Said improvement shall include a pedestrian trail along CSAH 17. Page 2 CSAH 17 Agreement No. Carver County and City of Chanhassen B. That said CSAH 17 is to be constructed, consistent with current State Aid Standards, as a divided ' urban street section with concrete curb and gutter having a width adequate for accommodating two driving lanes in each direction. ' 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. Hire an engineering consultant firm to 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. ' 4. Obtain Chanhassen a 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 17 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 17 Agreement No. Carver County and City of Chanhassen 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. ; aid 'local' utilities including, but not limited to, storm sewer, watermain, sanitary sewer, electrical distribution and street lighting systems. 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 150 feet in width); and ' assign any and all interest to said permanent and temporary acquisitions therein tc 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 17 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 17 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 17). , H. That the County shall do all things necessary for the construction of said facilities except as set forth in this agreement. ' I. That the City shall, in applying its subdivision regulations to future development proposals abutting the portions of road included in this agreement, require direct access to CSAH 17 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 the original construction plans ('as- built•), specifications, and survey notes. The County will provide a copy of the record plans to the City. , 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. ; aid 'local' utilities including, but not limited to, storm sewer, watermain, sanitary sewer, electrical distribution and street lighting systems. t Page 4 CSAH 17 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 'private' utilities including, but not limited to, natural gas, telephone, cable, and electrical facilities. The County and the City shall exercise each of their respective authorities to have private utilities relocated within the limits of the project. ' 2. CONSTRUCTION COSTS: a. The City will pay one - hundred (100) percent of the construction costs for CSAH 17 trail underpasses and bridges installed as of the part 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 related thereto as specifically identified in this agreement to be the responsibility of the city. ' C. The City and 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 ' trails, bituminous pavement and traffic control. These expenses shall be proportionally shared on a percentage basis. The City's percentage obligation for these expenses shall be 81.62 %, and the County's percentage obligation for ' these expenses shall be 18.38 %. 3. ENGINEERING COSTS: a. The City will pay all engineering costs for CSAH 17 trail underpass and bridge structures installed as part of the project. b. The City will pay all other engineering costs for the project. 4. REIMBURSEMENTS: 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 balance due except as provided by Section L.4.b. b. That portion of the cumulative billing total from the County to the City for the ' City's share of the construction and engineering costs that exceeds $1,441,200 during calendar year 1994 and $1,723,300 during calendar year 1995 shall be reimbursed to the County in 1996 within thirty (30) days from receipt of invoice. ' C. 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 I 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. r Page 5 CSAH 17 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 reqU ired ' 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 ac:t 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 wise 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 166.06, 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 data 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 light 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. , 0. 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. t Page 6 CSAH 17 Agreement No. Carver County and City of Chanhassen R. Each parry 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 contracts for CSAH 17 is scheduled to be awarded in 1995. In the event that the contract for CSAH 17 is not awarded in 1995, this agreement shall be subject to renegotiation. T. Each party agrees that any and all portions of the 1989 joint powers construction agreement between the parties hereto that refer to the herein described portion of CSAH 17 shall be considered null and void upon execution of this agreement. 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 Approved As To Form: Date City Attorney Date County Administrator Approved As To Form: County Attorney Date Date r DIVISION OF COST POLICY FOR IMPROVEMENTS TO COUNTY STATE AID HIGHWAYS WITHIN A MUNICIPALITY PARTICIPATION BY CARVER COUNTY I RIGHT -OF -WAY: By negotiation with the Municipality, on a project by project basis. , CLEARING AND GRUBBING: 100% County GRADING: 100% County BASE & SURFACING: 100% County for a 4-lane street or a 2 -lane street with parking. If Municipality requests parking lanes on a 4 -lane street, the Municipality must pay for the base and surface costs of the parking lanes. ' CONCRETE CURB & GUTTER: 0% County CONCRETE DRIVEWAY ENTRANCES: 0% County ' SIDEWALK: 0% County STORM SEWER: County participation in trunk lines and manholes is based on the State Aid formula as defined in the , State Aid Manual which uses the ratio of contributing flows to arrive at the percentage of allowable State Aid funds. Catch basins and leads within the County road and at the curb returns of side street entrances that drain onto the County road are eligible for 100% County participation. No credit is allowed to a Municipality for an inplace storm sewer system. MUNICIPAL UTILITY RELOCATION, RECONSTRUCTION OR ADJUSTMENT: 0 / County PRIVATE UTILITY RELOCATION, RECONSTRUCTION OR ADJUSTMENT: 0% County TRAFFIC SIGNALS: County participation is based on the percentage of the number of intersection legs which are County ' roads. For example, at a 4- legged intersection with 2 of the 4 legs being County roads, the County participation is 2/4 or 50%. ' Electric power shall be furnished by the Municipalities. Maintenance of the signals shall be furnished by the County. BRIDGES: 100% County ' ENGINEERING: A. Engineering by Carver County - The Municipality will reimburse the County for engineering costs equal to an ' agreed percentage of the Municipality's share of the construction costs. B. Engineering bV Municipality - The County will reimburse the Municipality for engineering costs equal to an agreed , percentage of the County's share of the construction costs. MAINTENANCE: The County is responsible for maintaining the roadway between curbs or between outside edge of ' shoulders. It may enter into agreement with the Municipality to perform this work on a reimbursable basis. The County is responsible for maintenance of bridges and culverts on the County route. The Municipality is responsible for maintenance of its utilities including any storm sewer within the County road right -of -way. The Municipality is responsible for maintaining boulevard or ditch areas, sidewalk, steps and other related items within the right -of -way on an urban design section. Adopted by the Carver County Board of Commissioners on February B, 1972. t PUBLIC WORKS DEPARTMENT (612)361.1010 FAX (612) 361 -1025 I March 18, 1994 COUNTY OF CAQVEQ CARVER COUNTY COURTHOUSE 600 EAST 4TH STREET, BOX 6 CHASKA, MINNESOTA 55318 ' Re: S.A.P. 10- 619 -02 (CSAH 19 between Timberwood Drive and TH Joint Powers Agreement ' Dear Mr. Ashworth: Enclosed with this letter is the joint powers agreement between Carver County and the City of Chanhassen for designing and constructing CSAH 19 (Galpin Blvd) between Timberwood Drive and TH 5. This document has been prepared consistent with the "highway master agreement" between Carver County, the City of Chaska, and the City of Chanhassen. If this agreement is acceptable to the City of Chanhassen, please have the identified city officials execute all four copies of it. Upon execution, please return all the document to me for execution by Carver County. A fully executed copy of the agreement will be returned to you for your files. Thank you for your cooperation in advancing the status of this project. Sincerely, Roger M. Gustafson; P.E. County Engineer Enclosures i Affirmative Aihtyn/Egi4al Ohportumly Employer Nriwed on Re, 'w Paper rn'.irr;. Almrrr:unr II'" Poq ( or;>umr•r 11asw Don Ashworth Chanhassen City Manager ' 690 Coulter Drive Chanhassen, MN 55317 COUNTY OF CAQVEQ CARVER COUNTY COURTHOUSE 600 EAST 4TH STREET, BOX 6 CHASKA, MINNESOTA 55318 ' Re: S.A.P. 10- 619 -02 (CSAH 19 between Timberwood Drive and TH Joint Powers Agreement ' Dear Mr. Ashworth: Enclosed with this letter is the joint powers agreement between Carver County and the City of Chanhassen for designing and constructing CSAH 19 (Galpin Blvd) between Timberwood Drive and TH 5. This document has been prepared consistent with the "highway master agreement" between Carver County, the City of Chaska, and the City of Chanhassen. If this agreement is acceptable to the City of Chanhassen, please have the identified city officials execute all four copies of it. Upon execution, please return all the document to me for execution by Carver County. A fully executed copy of the agreement will be returned to you for your files. Thank you for your cooperation in advancing the status of this project. Sincerely, Roger M. Gustafson; P.E. County Engineer Enclosures i Affirmative Aihtyn/Egi4al Ohportumly Employer Nriwed on Re, 'w Paper rn'.irr;. Almrrr:unr II'" Poq ( or;>umr•r 11asw I Agreement No. I 1 JOINT POWERS AGREEMENT BETWEEN CARVER COUNTY AND THE CITY OF CHANHASSEN FOR DESIGN AND CONSTRUCTION OF CSAH 19 (Signed CR 19 /Galpin Boulevard) between Timberwood Drive and Trunk Highway 5 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 Timberwood Drive and Trunk Highway 5, 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 segment of 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: L' Page 2 CSAH 19 Agreement No. Carver County and City of Chanhassen 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 Timberwood Drive and Trunk Highway 5, and Said improvement shall include a pedestrian trail along CSAH 19. 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 Chanhassen City 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 City 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. 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 1 assign any and all interest to said permanent right -of -way therein to the County. 3. 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. 4. 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. 5. 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. 6. Hire an engineering consultant firm to 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. t Page 3 CSAH 19 Agreement No. Carver County and City of Chanhassen 7. Provide a Chanhassen City Council Resolution to the County approving the construction plans, specifications and special provisions prior to advertising the project for bids. , 8. Provide a Chanhassen City Council Resolution to the County restricting the parking of motor vehicles on CSAH 19 prior to advertising the project for bids. 9. Obtain written approval of the construction plans and specifications for the project from the County and 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. 10. Obtain concurrence from the County in the award of a construction contract for the project. The City shall not award the construction contract until the County advises the City in writing of its concurrence therein. 11. Maintain the project open to inspection by the County's duly authorized representatives. t 12. Obtain the written approval of the County Engineer for any change in orders or supplemental agreements to the contract prior to the performance of such work. 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 City shall do all things necessary for the construction of said facilities except as set forth in this agreement. I. That the City shall, in applying its subdivision regulations to future development proposals 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 the original construction plans ('as- built'), specifications, and survey notes. The County will provide a copy of the record plans to the City. [1 Page 4 CSAH 19 Agreement No. Carver County and City of Chanhassen ' K. The method of financing the improvement project shall be the prerogative of Cancer 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 with the exception of storm sewer improvements ' included in the construction of the project. Said 'local' utilities including, but not limited to, watermain, sanitary sewer, electrical distribution and street lighting systems. b. The City at its expense, if any, shall be responsible for the relocation of 'private' utilities. Said private' utilities including, but not limited to, natural gas, telephone, cable, and electrical facilities. The County and the City shall exercise each of their respective authorities to have private utilities relocated within the limits of the project. 2. CONSTRUCTION COSTS: a. The City will pay one - hundred (100) percent of the construction costs for CSAH 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 related thereto as specifically identified in this agreement to be the responsibility of the City. C. The City 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 trails, bituminous pavement and traff ic control up to a total amount of $800,000.00. If the total cost to the City for all other expenses included in the construction of the project exceeds $800,000.00, the County will pay to the City fifty (50 %) percent of the portion of the City's total cost which is in excess of $800,000.00. 3. ENGINEERING COSTS: a. The City will pay all engineering costs for CSAH 19 trail underpass and bridge structures installed as part of the project. b. The City will pay all other engineering costs for the project. 4. REIMBURSEMENTS: a. During each month of the term of the construction project, the City will bill the County for its share of the construction and engineering costs. The County will reimburse the City within thirty (30) days for any balance due. i�] 1 Page 5 CSAH 19 Agreement No. Carver County and City of Chanhassen b. Upon completion and final acceptance of the project and receipt of a detailed listing of the final actual construction and engineering costs, the County will reimburse the City within thirty (30) days for any balance due. In the event. the County deposit exceeds the actual final cost of the County share, the City will refund within thirty (30) days such overpayment. 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 parry 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. City M. It is hereby understood and agreed that any and all employees of the and all other persons employed by the City in the performance of the provisions of services hereunder shall nct 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 off 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 of responsibility of the Crty. 0. Pursuant to Minnesota Statute 166.06, Subd. 4, the County and the City agrees 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 agrees 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. t Page 6 CSAH 19 Agreement No. Carver County and City of Chanhassen Q. 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. R. Each party agrees that any modification of this agreement will be in writing and will be signed by the parties hereto. S. Each party understands that the contract for CSAH 19 is scheduled to be awarded before or during 1995. In the event that the contract for CSAH 19 is not awarded before or during 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 Mayor, City of Chanhassen Date Attest: City Manager Approved As To Form: Date City Attorney Date County of Carver, Minnesota Chairman, Bd. of Commiss. Date Attest: County Administrator Approved As To Form: Date County Attorney Date f] DIVISION OF COST POLICY FOR IMPROVEMENTS TO COUNTY STATE AID HIGHWAYS WITHIN A MUNICIPALITY PARTICIPATION BY CARVER COUNTY I RIGHT -OF -WAY: By negotiation with the Municipality, on a project by project basis. ' CLEARING AND GRUBBING: 100% County GRADING: 100 County BASE & SURFACING: 100% County for a 4 -lane street or a 2 -lane street with parking. If Municipality reques parking lanes on a 4 -lane street, the Municipality must pay for the base and surface costs of the parking lanes. CONCRETE CURB & GUTTER: 0% County CONCRETE DRIVEWAY ENTRANCES: 0 County SIDEWALK: 0% County STORM SEWER: County participation in trunk lines and manholes is based on the State Aid formula as defined in the , State Aid Manual which uses the ratio of contributing flows to arrive at the percentage of allowable State ,kid funds. Catch basins and leads within the County road and at the curb returns of side street entrances that drain onto the County road are eligible for 100% County participation. No credit is allowed to a Municipality for an inplace storm sewer system. MUNICIPAL UTILITY RELOCATION, RECONSTRUCTION OR ADJUSTMENT: 0% County ' PRIVATE UTILITY RELOCATION, RECONSTRUCTION OR ADJUSTMENT: 0°k County TRAFFIC SIGNALS: County participation is based on the percentage of the number of intersection legs which are County roads. For example, at a 4- legged intersection with 2 of the 4 legs being County roads, the County paticipation is 2/4 or 50%. Electric power shall be furnished by the Municipalities. Maintenance of the signals shall be furnished by the County. BRIDGES: 100 County ENGINEERING: A. Engineering by Carver County - The Municipality will reimburse the County for engineering costs equal to an agreed percentage of the Municipality's share of the construction costs. B. Engineering by Municipality - The County will reimburse the Municipality for engineering costs equal to an agreed percentage of the County's share of the construction costs. MAINTENANCE: The County is responsible for maintaining the roadway between curbs or between outside edge of shoulders. It may enter into agreement with the Municipality to perform this work on a reimbursable basis. The County is responsible for maintenance of bridges and culverts on the County route. The Municipality is responsible for maintenance of its utilities including any storm sewer within the County road right -of -way. The Municipality is responsible for maintaining boulevard or ditch areas, sidewalk, steps iknd other related items within the right -of -way on an urban design section. Adopted by the Carver County Board of Commissioners on February 8, 1972 CARVER COUNTY PUBLIC WORKS DEPARTMENT November 19 1993 To: Don Ashworth, Chanhassen City Manager Dave Pokorney, Chaska City Administrator Dick Stolz, Carver County Administrator From: Roger Gustafson, County Engineer �y MEETING REMINDER HIGHWAY "MASTER AGREEMENT" FRIDAY, DECEMBER 3, 1993 9:00 to 10:00 A.M. CHASKA CITY HALL Attachments: 1. Project Location Map - (November, 1993) i 2. Agreement - (Draft of November 19, 1993) * Exhibit A - Project Summary Sheet - (November 19, 1993) * Exhibit B - Sample Project Agreement - (November 19, 1993) * Exhibit C - Cost Obligation Tabulation - (November 19, 1993) 3. 1993 -1998 CIP (Highway Projects) - (November 19, 1993) Notes: 1. K Projects - * Construction start for CSAH 18 (TH 41 to TH 101) delayed from 1995 to 1996. * Construction start for CSAH 19 (Timberwood Drive) advanced from 1995 to 1994. * Traffic signal for CSAH 19 and TH 5 intersection advanced from 1995 to 1994. * Construction of CSAH 17 (CSAH 14 to CSAH 18) removed from Highway 'Master Agreement' list of projects. * Traffic signal for CSAH 17 and CSAH 14 intersection removed from Highway 'Master Agreement' list of projects. Cost Obligations - * Defers city payments by shifting county state aid obligations to earlier years of program. * Chanhassen obligation of $120,000 in 1997 (November 8 tabulation) shifted to 1995. U:) y t.1 q.;�4' ,i::[t t:; I 7 ,..'1• \ W -4 co 7717 4D ... (D 24 to; to tD I Nk 4 Ln to Lo CD U� 10 ........... C, to Ln to z 0 rn rn X CD rn Io • • 0 ' 9 m t t C r r CM0 to 0 z rn > m S o () 0 c z z 0 S '1 • 0 0 0 > z Z c 0 > 0 m Z --4 m 0 > r > 0 0 c z > z fa , o m 0 I rr > z I C� .r c 0 C; c z CI C sl ui f s Draft of November 19, 1993 AGREEMENT it ; •r r 'd' �� y /��{��� THIS AGRE TENT is made this — day of 1993, by and among the City of Chanhassen l\ a municipal corporation under the laws of Minnesota (Chanhassen); the City Chaska, a municipal corporation under the laws of Minnesota (Chaska); and the�County of Carver, a municipal corporation under the laws of Minnesota (Carver Coun`6y). WITNESSETH: WHEREAS, Chanhassen, Chaska and Carver County recognize the need for certain highway improvements in eastern 1 �arver County; and WHEREAS, Chanhassen, Chaska and constructing the needed highway impro document entitled "Eastern Carver County er County have developed a plan for s, which plan is contained in a ortation Study" (Study); and WHEREAS, the Study identifies the traffic and)�ighway needs from the present through the year 2005 within the eastern portion of C�rver County, including the cities of Chanhassen and Chaska; and WHEREAS, the parties are desirous of implementing \he Study and reaching agreement regarding the priority, timing and financing of the highway improvements; and WHEREAS, the parties intend this Agreement to be in furtherance of efforts to construct the necessary highway improvements in the eastern portion of Carver County. NOW, THEREFORE, in consideration of their mutual premises and obligations, the parties hereto agree as follows: Section 1. Definitions For the purpose of this Agreement, the following terms shall have the meanings given below unless a different meaning is clear from the context: a) "Chanhassen" means the city of Chanhassen, Minnesota. b) "Chaska" means the city of Chaska, Minnesota. c) "Cities" means, collectively, the cities of Chanhassen and Chaska. d) "County" or "Carver County" means Carver County, Minnesota. e) "County Road Improvement" or "Improvements" means those roads or portions thereof to be constructed pursuant to this Agreement. f) "Phase I Roads Improvements" means the county roads to be constructed or reconstructed with funds that are currently available or expected to be available for such projects according to current projections. g) "Phase II Road Improvements" means those county roads which are to be constructed or reconstructed only if the parties are successful in securing funding. I h) "Study" means the Eastern Carver County Transportation Study. i) "Tax Increment" means tax increment revenues received by Chanhassen or Chaska from one of their tax increment financing districts and used to pay for the cost of the County Road Improvements. Section 2. Statutory Authorization and Warranties This agreement is made pursuant to Minnesota Statutes § 471.59. Each party represents that it has the power to enter into this Agreement and that nothing in its ordinances, charters or I other regulatory agreements prohibits the fulfillment of its obligations under this I Agreement. The parties further represent that this Agreement has been executed I on behalf of each party by the properly authorized person or persons and that this Agreement constitutes a legally binding obligation of such party. Section 3. County Responsibility for Road Improvements It shall be the responsibility of Carver County to provide for the design of all County Road Improvements to be constructed pursuant to this Agreement. The County Road Improvements to be constructed pursuant to this Agreement are those contained in Exhibit A attached hereto and identified as "Agreement Projects". The I Improvements constructed within the Cities will be of an urban design and provide I I I..;.. for off - roadway trails. The County may utilize its engineering staff or may hire consulting engineers for this purpose. The County shall be responsible for obtaining any permits, licenses or approvals necessary to construct the Improvements. The Cities shall have the right to inspect and review the plans and specifications for the County Road Improvements prior to each project being bid by the County. The County shall be responsible for biding the projects according to law. After receipt of the bids, but prior to award thereof, the Cities and the County shall have the right to review the bids and to reject all bids. If Chanhassen or Chaska or the County wish 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 the law. The County and the Cities agree to construct the Phase I Road Improvements (Exhibit A - Agreement Projects) prior to December 31, 1998, unless an alternative date is agreed to by the County and the Cities. Prior to construction of any County Road Improvement, the County and the affected city or cities shall enter into an agreement specifically relating to such work. The agreement shall be prepared by the County and shall be in the form generally utilized by the County for such purposes. The form of such agreement will be similar to that attached hereto as Exhibit B. 1 Section 4. Cities' Responsibility It shall be the responsibility of Chanhassen or Chaska or the Cities with regard to the construction of County Road Improvements to acquire all permanent and temporary right of way necessary for the Improvement and for trails and landscaping related thereto. Such acquisition shall be done at the sole expense of the entity affected by the project, which costs shall ' not be included in the costs to be shared among e parties. In the case of an g' P Y County Road Improvements which involve land in both Cities, the Cities shall share I equally in the cost of right -of -way acquisition. Section 5. Financing of Phase I . The parties agree to finance the costs of the wis 676, 6cO I Phase I Road Improvements in an amount estimated to be OB;1 r92;8_�. The County shall use its general revenues and county state aid highway funds and any other funds legally available to it for the purpose of meeting its financial obligations under this Agreement. The Cities intent to utilize Tax Increment and other funds legally available to them to satisfy heir obligations under this Agreement. The Cities a Y �' agree to take such actions as may be necessary or desirable to enable them to utilize Tax Increment to meet their obligations under this Agreement. This obligation shall not, I however, extend to the doing of anything which is now or hereafter prohibited by the tax increment financing act, Minnesota Statutes If 469.174 through 469.179. The financial obligations of the parties are included as Exhibit C and are incorporated herein by reference. Section 6. Phase II Road Improvements The parties recognize the desirability of implementing further road improvements within eastern Carver County in fulfillment of the needs outlined in the Study. However, the parties cannot presently commit to such financial obligations. The parties agree to examine further funding options and to pursue those options in good faith, consistent with scund public policy. Chanhassen agrees to continue to explore methods to increase its available Tax Increment for purposes of the Phase II Road Improvement. Notwithstanding anything else herein to the contrary, this Agreement commits the parties only to the construction of the Phase I County Road Improvements. Section 7. Miscellaneous This Agreement may be executed in any number of originals, each of which shall be considered an original. This Agreement shall be interpreted under the laws of the state of Minnesota. This Agreement may be modified only in writing signed by all parties. For the purposes of any notice which must be given pursuant to this Agreement, notice shall be sufficient if delivered personally or by prepaid mail delivered to: (a) As to the City of Chanhassen: 690 Colter Drive Chanhassen, Minnesota 5531.7 Attn: City Manager 1 1 i 1 1 1 1 1 1 t 0 (b) As to the City of Chaska: One City Hall Plaza Chaska, Minnesota 55318 Attn: City Manager (c) As to Carver County: 600 East 4th Street P. O. Box 12 Chaska, MN 55318 -2188 IN WITNESS WHEREOF the parties have caused this agreement to be executed on the day first written above. CITY OF CHANHASSEN CITY OF CHASKA Don Chmiel, Mayor Don Ashworth, City Administrator Robert Roepke, Mayor Dave Pokorney, City Administrator COUNTY OF CARVER Chairman, Board of Commissioners County Administrator STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1993, by Don Chmiel and Don Ashworth, the Mayor and City Administrator, respectively, of. the City of Chanhassen, a Minnesota municipal corporation, on behalf of the City. Notary Public STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1993, by Robert Roepke and Dave Pokorney, the Mayor and City Administrator, respectively, of the City of Chaska, a Minnesota municipal corporation, on behalf of the City. Notary Public STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1993, by and , the Chairman of the Board of Commissioners and County Administrator, respectively, of the County of Carver Minnesota municipal corporation, on behalf of the County. 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U U h F U F U U U U n U F U N D s Q d A m m O O¢ f= U m m m¢ 0 0! g ���a� C C U) c c 1 ti c c U V o e o A t r r m m i m m P� 10 U U U U U U U U U U U U c U Q O Y U O 25 i 2 125 12 25 t5 i5 2 pp 5 Z � 25 2S i 25 1 75 12S n I N I o O A n O �� l7 l7 n� n� n t7 i I I I I I I I 1 I I I 1 I I I I I I I 1 I 1 1 I I ° 43 w N g, E m ¢ � h U n U F U N D Q d A m m S 1 ti c c U V o e o A t r r m m m m m P� 10 U NI N I N I A N N h N N h N N N N H N U U U U U U U U U U U U U U U U N I I a O R R R R R w w ♦ R • ♦ ♦ w R b R R Lil m O cr 4 w EXHIBIT B r Agreement No. I JOINT POWERS AGREEMENT BETWEEN CARVER COUNTY AND THE CITY OF CHANHASSEN FOR DESIGN AND CONSTRUCTION OF CSAH 17 (Signed CR 17 /Powers Boulevard) 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 17 (Signed CR 17 /Powers Boulevard) between County State Aid Highway 18 (Signed CR 18 /Lyman Boulevard Trail) and Trunk Highway 5, and WHEREAS, County State Aid Highway (CSAH) 17 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 fts 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 17; NOW, THEREFORE, Pursuant to Minnesota Statutes 471.59 and in consideration of the mutual covenants and promises hereinafter contained, ft is agreed by and between the City and the County as follows: I Page 2 CSAH 17 Agreement No. r; Carver County and City of Chanhassen A. That this agreement shall apply only to the improvement of the following described portion of County State Aid Highway in the City: CSAH 17 (Signed CR 17 /Powers Boulevard) between CSAH 18 (Signed CR 18 /Lyman Boulevard) and Trunk Highway 5, and ' Said improvement shall include a pedestrian trail along CSAH 17. B. That said CSAH 17 is to be constructed, consistent with current State Aid Standards, as a divided urban street section with concrete curb and gutter having a width adequate for accommodating two driving lanes in each direction. 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 the engineering consultant firm of Bennett Ringrose Wolsfeld Jarvis, Inc. 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. Hire the engineering consultant firm of Bennett Ringrose Wolsfeld Jarvis, Inc. to 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. ' 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 17 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. I Page 3 CSAH 17 Agreement No. Carver County and City of Chanhassen 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. S. Maintain the project open to inspection by the City's duly authorized representatives. 9. Obtain the written approval of the City 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. 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 150 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, Section 429, prior to the award of a contract for the project. F. That the design, construction, and funding of underpasses and bridges to accommodate a pedestrian trail or trails through CSAH 17 shall be the sole responsibility of the City; the County shall have no funding obligation toward the structure or structures. G. That the design, construction, and funding of traffic signals at any intersection along the 1 described portion of CSAH 17 is not a part of this agreement. H. 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 S, 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 17). I. That the County shall do all things necessary for the construction of said facilities except as set forth in this agreement. J. That the City shall, in applying its subdivision regulations to future development proposals abutting the portions of road included in this agreement, require direct access to CSAH 17' via public street intersection unless otherwise approved by the County. 1 Page 4 CSAH 17 Agreement No. �1 Carver County and City of Chanhassen I K. The City agrees that the County shall be the sole owner of all accompanying documents including the original construction plans ("as- built "), specifications, and survey notes. ' L. 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, K 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. b. The City at its expense, if any, shall be responsible for the relocation of "private" utilities. Said "private" utilities including, but not limited to, natural gas, telephone, cable, and electrical facilities. 2. CONSTRUCTION COSTS: ' a. The City will pay one - hundred (100) percent of the construction costs for CSAH 17 trail underpasses and bridges installed as part of the project. ' C. The City 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 trails, bituminous pavement and traff ic control up to a total amount of $4,000,000.00 (excluding trail underpass and bridge structures). If the total cost to the City for all other expenses included in the construction of the project exceeds $4,000,000.00 (excluding trail underpass and bridge structures), the County will pay to the City My (50 %) percent of the portion of the City's total cost which is in excess of $4,000,000.00 (excluding trail structures). 3. ENGINEERING COSTS: a. The City will pay all engineering costs for CSAH 17 trail underpass and bridge structures installed as part of the project. ' b. The City will pay all other engineering costs for the project. r Page 5 f CSAH 17 Agreement No. Carver County and City of Chanhassen 4. REIMBURSEMENTS: 1 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 costs. The City will I reimburse the County within sixty (60) days for any balance due. 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 ' reimburse the County within sixty (60) 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 sixty (60) days such overpayment. M. 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. records, etc., which are pertinent to the accounting practices and procedures of the Contractor N. 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. ' O. 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. ' P. Pursuant to Minnesota Statute 168.06, 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. Page 6 CSAH 17 Agreement No. Carver County and City of Chanhassen Q. 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. R. 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. S. Each party agrees that any modification of this agreement will be in writing and will be signed by the parties hereto. T. Each party understands that the contracts for CSAH 17 is scheduled to be awarded in 1993 or 1994. In the event that the contract for CSAH 17 is not awarded in 1994, this agreement shall be subject to renegotiation. U. Each party agrees that any and all portions of the 1989 joint powers construction agreement between the parties hereto that refer to the herein described portion of CSAH 17 shall be considered null and void upon execution of this agreement. 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: I City Clerk Date County Administrator Date I Approved As To Form: Approved As To Form: 1 City Attorney Date County Attorney Date 1� a a> a> d O Z U m X W Q Y N O U c z c e+7 c d y N _ c eC _ U 0 o a� h S Q N b N t7 ° o iG i g g g g o g 0 0 0 0 0 0 0 O ao v o Iq 0 m 7 C O U r o p i° 4 r' U •- LO co m v O N O n Ot0 v I I r- O LO I I O � O 8i Oi O O I O I O O O O O U- v cli v ^I I I i � ! O n n Q N .O o /4 � ° 6 g rz gl ao gi L o o� gi 1 o o I o' o o' o g co M of c a o j J 9. ° j 7 U U c o N o n o LO to gl ql 8 of of (q Si m of I 8 C O C 4 i0 O I I M I I I N c� t U d a U S B ° c { 8'8 8 °I 8 O C c0 Q t0 N � .4 co Co d 4 � O .O C C ° n !Q 0 t U a W) d c d •- ° c x 0 0 `c Ir v so n 0 vs I o 0 o a� h S Q N b N t7 ° o iG i O o Y � LO N O ° `r' a U- H O O 0 N 0 o a� h S Q N b N t7 ° o iG i