10e Joint Powers Agreement, County Road Construction All ., CITYOF
/a E
i CHANHASSEN
1 .4e 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1 N
MEMORANDUM
1 TO: Mayor and City Council
I FROM: Don Ashworth, City Manager
DATE: August 19, 1993
I SUBJ: Joint Powers Agreement, County Road Construction
As can be seen from the attached documents, we are proceeding with developing Joint Powers
Agreements for the construction of county roads in eastern Carver County. Our meeting from
this past week identified changes that will be included in the agreement by the next time it is
1 presented to the City Council, i.e:
1. Change Section 5 to reflect that the cities will be the parties responsible for the
1 sale of the bond issues to carry out the construction; and
2. Add a section to refer to exhibits for specific bond sales /repayment schedules
1 including the exhibits themselves; and
I 3. Add a section that general cost of living is recognized by all three parties;
however, extraordinary cost increases will be a basis for renegotiation; and
I 4. Minor changes to Sections 3 and 4 reflecting concerns by the County Engineer.
As stated above, the next job is to clean up the agreement and to put together the specific
1 bonding dates /schedules.
No action is required on this item. I have placed it as a separate item under Administrative
I Presentations to ensure that the City Council continues to be kept abreast of the progress on this
project. I should also note that the recent recognition that the HRA's "wish list" would be
reduced because of general tax appeals /tax reductions, does not affect the funding for county
I roads as most of the dollars proposed to carry out those projects are post -2000 dollars of which
the city, by state law, cannot use for either general purposes or specific projects unless those
projects would have been designated and bonds sold prior to 1989.
I Again, no action is required on this item.
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11 MEMO
nn TO: ROGER GUSTAFSON /DON ASHWORTH
066ROM: DAVE POKORNEY
SUBJ: MASTER JOINT POWERS AGREEMENT COMMENTS
DATE: JULY 26, 1993
1 Recently, I received a copy of the Master Joint Powers Agreement
relative to Eastern Carver County study. Basically, the
agreement as drafted appears to address all the items that we
have discussed previously. I do, though, have the following
comments:
A. Possibly we should add an additional paragraph which
states that the County has found it necessary to
undertake these roadway improvements and is requesting
that the cities of Chaska and Chanhassen utilize tax
' increment funds for the project. Further, the County
should agree not to require either of the cities to use
additional tax increment funds for other roadway projects
in the 1993 -2002 timeframe. This may clearly clarify
that we are utilizing tax increments under the statute
which allows for such County requirements.
1 B. Under Section 3 County responsibility, I would suggest we
amend the final paragraph to read that "the County agrees
to construct the Phase 1 road improvements consistent •
with the schedule as outlined in Exhibit A unless
alternative schedules are agreed to by both cities."
This change would formalize the schedule that we have
discussed previously for implementing these road
projects.
C. Finally, we may wish to amend Exhibit C to delete the
annual appropriation column since I think for agreement
purposes it is meaningless.
Hopefully, we can finalize a draft of the agreement so that we
can present it to each of our governing boards in early August
for approval. If you have any questions or comments concerning
these suggestions, please feel free to contact me at your
convenience. If we need to meet to discuss the agreement
further, it may be appropriate for us to do it at either the
Chaska Par 30 or Dahlgren Clubhouses.
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• ,,,� ' 'Y;; 7\ CARVER COUNTY COURTHOUSE
_ �_- / 600 EAST 4TH STREET
PUBLIC WORKS DEPARTMENT / CHASKA, MINNESOTA 55318
(6121 448 • ,.� is ‘
M1'E
COUNTY Of CAINEQ E z
July 13, 1993
1
Mr. Donald Ashworth
Chanhassen City Manager
City Hall
690 Coulter Drive
Chanhassen, MN 55317
Re: CSAH 17 (Powers Boulevard) Design and Construction Agreement
Dear Mr. Ashworth:
Enclosed herewith is the proposed joint powers agreement between Carver County and the City
of Chanhassen for accomplishing the design and construction of CSAH 17 (Powers Boulevard)
between CSAH 18 (Lyman Boulevard) and TH 5. 1
A final review of this agreement is currently being made by our County Attorney and our Risk
Manager. Any changes required by them will be forwarded to you.
Please review this document and contact me at your convenience with any details you feel need
to be discussed before the agreement can be presented to the County Board and the City
Council for approval. I would like the Board and the Council to take formal action on this
agreement by the middle of August.
Thank you for your interest and cooperation in advancing the status of this project.
Sincer
w/ .1
Roger M. Gustafso P.E. 1
County Engineer
Enclosure
cc: Dick Stolz, County Administrator
A imative Action/ Equal 0 iunil) Em ker 1
Printed on Rec led Paper
1
1 Agreement No.
1
JOINT POWERS AGREEMENT
I
BETWEEN
1 CARVER COUNTY AND THE CITY OF CHANHASSEN
FOR
1 DESIGN AND CONSTRUCTION
OF
I CSAH 17 (Signed CR 17 /Powers Boulevard)
1
1 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
I 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 ";
I WITNESSETH:
WHEREAS, The County and the City have been involved in discussions and studies relating to the design
and construction of:
I 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 .
1 WHEREAS, County State Aid Highway (CSAH) 17 is under the jurisdiction of the County for purposes of
maintenance and improvements, and
1 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
I WHEREAS, It is the desire of both of the parties hereto to enter into a written document regarding the
construction of said CSAH 17;
I 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:
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Page 2
CSAH 17 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 17 (Signed CR 17 /Powers Boulevard) between CSAH 18 (Signed CR 18 /Lyman 1
Boulevard) and Trunk Highway 5, and
Said improvement shall include a pedestrian trail along CSAH 17. 1
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 111 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 1
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.
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Page 3
CSAH 17 Agreement No.
Carver County and City of Chanhassen
1 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 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.
1 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
I 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.
1 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
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 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).
1 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.
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Page 4
I
CSAH 17 Agreement No.
Carver County and City of Chanhassen
1
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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.
I
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, if any, shall be responsible for the relocation and /or 1
installation of 'local' utilities included in the construction of the project. Said
'local" utilities including, but not limited to, storm sewer, watermain, sanitary
1 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,
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cable, and electrical facilities.
2. CONSTRUCTION COSTS: 1
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.
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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
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control, storm sewer, concrete curb and gutter, bituminous trails, bituminous
pavement and traffic 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
fifty (50 %) percent of the portion of the City's total cost which is in excess of
$4,000,000.00 (excluding trail structures).
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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. 111 b. The City will pay all other engineering costs for the project.
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II Page 5
CSAH 17 Agreement No.
Carver County and City of Chanhassen
1
1 4. REIMBURSEMENTS:
a. During each month of the term of the construction project, the County will bill the
U City for its share of the construction and engineering costs. The City will
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
I 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
1 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
I 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
I 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.
1 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
1 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
1 provisions of services hereunder shall in no way be the obligation of responsibility of the County.
0. It is hereby understood and agreed that any and all employees of the County and all other
I 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
I 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.
1 P. Pursuant to Minnesota Statute 16B.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
I 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.
1 The parties agree to maintain these records for a period of three years from the date of
termination of this Agreement.
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CSAH 17 Agreement No.
Carver County and City of Chanhassen
1
O. 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
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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.
1
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.
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IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed. •
City of Chanhassen, Minnesota County of Carver, Minnesota
1
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Mayor, City of Chanhassen Date Chairman, Bd. of Commiss. Date
1
Attest: Attest:
1
City Clerk Date County Administrator Date
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Approved As To Form: Approved As To Form: 1
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City Attorney Date County Attorney Date
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1 DIVISION OF COST POLICY EXHIBIT A
FOR
IMPROVEMENTS TO COUNTY STATE AID HIGHWAYS WITHIN A MUNICIPALITY
PARTICIPATION BY CARVER COUNTY
' 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
1 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.
I 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 8, 1972.
1
[Third Draft]
AGREEMENT
THIS AGREEMENT is made this _ day of , 1993, by and among the 1
City of Chanhassen, a municipal corporation under the laws of Minnesota 1
(Chanhassen); the City of Chaska, a municipal corporation under the laws of
Minnesota (Chaska); and the County of Carver, a municipal corporation under the
laws of Minnesota (Carver County).
WITNESSETH:
1
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" (Study); and 1
WHEREAS, the Study identifies the traffic and highway needs from the present • 1
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 reaching
agreement regarding the priority, timing and financing of the highway
improvements; and
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WHEREAS, the parties intend this Agreement to be in furtherance of efforts
1 t the construct a necessary highway improvements in the eastern portion of Carver
1 County.
1 NOW, THEREFORE, in consideration of their mutual premises and obligations,
1 the parties hereto agree as follows:
1 Section 1. Definitions. For the purpose of this Agreement, the following
1 terms shall have the meanings given below unless a different meaning is clear from
the context:
1
a) "Bonds" means the general obligation bonds issued by Carver County
1 to pay for the County Road Improvements.
1 b) "Chanhassen" means the city of Chanhassen, Minnesota.
1
c) "Chaska" means the city of Chaska, Minnesota.
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I d) "Cities" means, collectively, the cities of Chanhassen and Chaska.
1 e) "County" or "Carver County" means Carver County, Minnesota.
1 f) "County Road Improvement" or "Improvements" means those roads or
I portions thereof to be constructed pursuant to this Agreement.
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g) "Phase I Roads Improvements" means the county roads to be constructed 1
or reconstructed with funds that are currently available or expected to be available
for such projects according to current projections. '
h) "Phase II Road Improvements" means those county roads which are to
be constructed or reconstructed only if the parties are successful in securing '
funding.
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i) "Study" means the Eastern Carver County Transportation Study.
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j) "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 1
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 1
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
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Agreement constitutes a legally binding obligation of such party.
Section 3. County Responsibility P Res onsibilit for Road Improvements . It shall be the
responsibility of Carver County to design all County Road Improvements to be
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constructed pursuant to this Agreement. The County Road Improvements to be
constructed pursuant to this Agreement are those contained in Exhibit A attached
hereto. The Improvements constructed within the Cities will be of an urban design
and provide 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 solicited by the County, but prior to award thereof,
the Cities shall have the review he right to re iew 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 the County shall reject
all bids in accordance with the law. The County agrees to construct the Phase I
' Road Improvements prior to December 31, 1998.
' 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
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generally utilized by the County for such purposes. The form of such agreement will
be similar to that attached hereto as Exhibit B .
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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 right of way necessary for the Improvement and for I
trails and landscaping related thereto. Such acquisition and construction shall be
done at the sole expense of the entity affected by the project, which costs shall not
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be included in the costs to be shared among the parties. In the case of any County
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Road Improvements which involve land in both Cities, the Cities shall share equally
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in the cost of right -of -way acquisition.
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Section 5. Financing of Phase I. The parties agree to finance the costs of the
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Phase I Road Improvements in an amount estimated to be $23,487,800. The County
shall use its general revenues and county state aid highway funds and any other I
g Y g Y Y
funds legally available to it for the purpose of meeting its financial obligations under I
this Agreement. The Cities intent to utilize Tax Increment and other funds legally 1
available to them to satisfy their obligations under this Agreement. The Cities agree
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to take such actions as may be necessary or desirable to enable them to utilize Tax
I
Increment to meet their obligations under this Agreement. This obligation shall not,
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however, extend to the doing of anything which is now or hereafter prohibited by
the tax increment financing act, Minnesota Statutes, I § 469.174 through 469.179.
1
The financial obligations of the parties are included as Exhibit C and are
incorporated herein by reference. LThe County agrees to sell its general obligation
Bonds to pay for the Phase I Road Improvements. The Cities agree to pledge for the
1 payment of such Bonds the amounts outlined in Exhibit C3
1 Section 6. Phase II Road Improvements . The parties recognize the
1 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
1
n agrees to continue to explore policy. Chanhasse grees lore methods to increase its p
available Tax Increment for purposes of the Phase II Road Improvement.
Notwithstanding anything else herein to the contrary, this Agreement commits the
1 parties only to the construction of the Phase I County Road Improvements .
1 Section 7. Miscellaneous. This Agreement may be executed in any number of
1 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
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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 55317
Attn: City Manager '
(b) As to the City of Chaska: One City Hall Plaza
Chaska, Minnesota 55318
Attn: City Manager
(c) As to Carver County:
IN WITNESS WHEREOF the parties have caused this agreement to be executed
on the day first written above.
1
CITY OF CHANHASSEN - COUNTY OF CARVER
Don Chmiel, Mayor Chairman, Board of Commissioners 1
Don Ashworth, City Administrator County Administrator ,
CITY OF CHASKA
Robert Roepke, Mayor
Dave Pokorney, City Administrator
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STATE OF MINNESOTA )
) SS.
COUNTY OF
1 The foregoing instrument was acknowledged before me this day of
, 1993, by Don Chmiel and Don Ashworth, the Mayor and City
Administrator, respective, on behalf of the City of Chanhassen, Minnesota, a
Minnesota municipal corporation.
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, respective, on behalf of the City of Chaska, Minnesota, a Minnesota
municipal corporation.
1 Notary Public
1 STATE OF MINNESOTA )
) SS.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 1993, by and
' the Chairman of the Board of Commissioners and County Administrator, respective,
on behalf of the County of Carver, Minnesota, a Minnesota municipal corporation.
Notary Public
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EXHIBIT B
Agreement No. 1
1
JOINT POWERS AGREEMENT '
BETWEEN
CARVER COUNTY AND THE CITY OF CHANHASSEN 1
FOR
DESIGN AND CONSTRUCTION . `_t
CSAH 17 (Signed CR 17 /Powers Boulevard)
1
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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: 1
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:
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CSAH 17 Agreement No.
Carver County and City of Chanhassen
A. That this agreement shall apply only to the improvement of the following described portion of
1 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 an
divided urban street section with concrete curb and gutter having a width adequate for
accommodating Aro driving lane in each direction.
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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.
1 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
1 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
1 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
1 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.
1 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.
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Page 3
CSAH 17 Agreement No.
Carver County and City of Chanhassen
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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.
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8. 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 right -of -way 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
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Statutes, Section 429, prior to the award of a contract for the project.
F. That the design, construction, and funding of a structure or structures 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
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 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).
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.
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CSAH 17 Agreement No.
Carver County and City of Chanhassen
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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, 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.
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:
1 a. The City will pay one - hundred (100) percent of the construction costs for CSAH
17 trail structures installed as part of the project.
1 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 traffic control up to a total amount of $4,000,000.00. If the total
cost to the City for all other expenses included in the construction of the project
exceeds $4,000,000.00, the County will pay to the City fifty (50%) percent of the
portion of the City's total cost which is in excess of $4,000,000.00.
3. ENGINEERING COSTS:
a. The City will pay all engineering costs for CSAH 17 trail structures installed as
part of the project.
1 b. The City will pay all other engineering costs for the project.
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Page 5 -
CSAH 17 Agreement No.
Carver County and City of Chanhassen
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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
reimburse the County within sixty (60) days for any balance due.
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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 City agrees to save, hold harmless and indemnify Carver County and Carver County's
officers, agents, employees, and volunteer workers against any and all claims, losses, damages,
or law suits for damages arising from, allegedly arising from, or related to the provisions of
services hereunder, and further the City agrees to defend at its own sole cost and expense any
action for proceeding commenced for the purpose of asserting any claim of whatsoever character
arising as a result of the provision of services hereunder.
It is hereby understood and agreed that any and all employees of the 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. Pursuant to Minnesota Statute 16B.06, Subd. 4, the City agrees that the County, the State Auditor, .
or any of their duly authorized representatives at any time during normal business hours and as
often as they may reasonably deem necessary, shall have access to and the right to examine,
audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent
to the accounting practices and procedures of the Contractor and involve transactions relating
to this Agreement.
City agrees to maintain these records for a period of three years from the date of termination of
this Agreement.
0. 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.
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Page 6
CSAH 17 Agreement No.
Carver County and City of Chanhassen
' P. 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.
C. Each party agrees that any modification of this agreement will be in writing and will be signed by
the parties hereto.
R. 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.
' S. 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.
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IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed.
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City of Chanhassen, Minnesota County of Carver, Minnesota
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Mayor, City of Chanhassen Date Chairman, Bd. of Commiss. Date
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Attest: Attest:
City Clerk Date County Administrator Date
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Approved As To Form: Approved As To Form:
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1 City Attorney Date County Attorney Date
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JOINT POWERS AGREEMENT
BETWEEN 1
CARVER COUNTY AND THE CITY OF CHANHASSEN
FOR
DESIGN AND CONSTRUCTION
OF 1 CSAH 17 (Signed CR 17 /Powers Boulevard)
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BE IT RESOLVED, that the Carver County Board Chairman and the Carver County Administrator are
authorized to sign the joint powers agreement, made a part hereof, between the County of Carver and 1
the City of Chanhassen for the design and construction of that portion of CSAH 17 (Signed CR 17 /Powers
Boulevard) between County State Aid Highway 18 (Signed CR 18 /Lyman Boulevard) and Trunk Highway
5.
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May 5. 1993 Page 1 611 •
TABLE A
CARVER COUNTY DEPARTMENT OF PUBLIC WORKS - HIGHWAY DEPARTMENT
1993 -1998 EASTERN CARVER COUNTY HIGHWAY CONSTRUCTION PLAN PROJECTS
(Chanhassen, Chaska, and Victoria Area)
IN
PROPOSED 1993 -1998 CAPITAL IMPROVEMENT PLAN (Highway Projects)
Year Chanhassen Chaska Can.. County 'Other & Gram! Cities, Casty. Grant & O9w
V
I-a Tar Increment District 01 Tax Increment District 31.le Aid Levy Total
av --
i -t Cost Annual Cost Annual Cost I Annual Cost Annual Cost Annual Cost Annual
M
X Obtigelan Approprialion Obligaton Appropr Obligation Appropristan Obligation Appropriation Obligation Appropriation Obligation Appropriation
1993 1.075.800 1.000.000 1.877.000 0 705.000 705.000 412.900 412.900 39.500 38.500 4.110.200 2.157.400
1994 - 3.679.200 0 1.025.600 - 0 1.030.000 1.030.0 672.200 872,200 J { 681.500 661.500 7280.500 2.583.700
1995 1.964.800 0 362.800 1.000.000 2.820.000 2.820.000 598.500 586.500 276.000 276,000 6.022,100 4.884.500
1996 - - - 0 400.000 10,000 0 0 0 395. 000 306.000 60.000 80.000 465.000 866.000
1997 - - -- 20.000 400.000 0 400.000 1.800.000 1.800.000 214.000 214,000 641.000 811,000 2,475.000 3.256.000
-
1998 ' 700.000 400.000 166.000 400.000 1.370.000 1.370.000 759.000 760.000 150.000 150.000 3.147.000 3,079.000
1999 0 400.000 0 400.000 0 0 0 0 0 0 0 800.000
2000 0 400.000 0 400.000 0 0 0 0 0 0 0 600.000
2001 0 2.130.000 0 400.000 0 0 0 0 0 0 0 2.530.000
- -
2002 0 1.960.000 0 1.000.000 0 0 0 • 0 0 0 0 2.980.000
w 2003 0I 2.340.000 0 0 0 0 0 0 0 0 0 2.340.000
Total 7 439.6001 9.430.000 3,443.400 4.000.000 7.525.000 7.625.000 3.051.800 3.081.600 2.026.000 2.096.000 23.487.800 26.054.600
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