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E-3. Hwy 101 River Crossing and CSAH 61: Approve JPA and Plans and SpecsCITY OF ceaNIMsEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 � -3 MEMORANDUM TO: Todd Gerhardt, City Manager C FROM: Paul Oehme, Director of Public Works /City Engineer DATE: February 24, 2014 bl ' SUBJ: Highway 101 Minnesota River Crossing and CSAH 61 Improvements, City Project No. 13 -04: Approve Joint Powers Agreement with Carver County and Approve Plans and Specifications. PROPOSED MOTION: "The City Council approves a Joint Powers Agreement with Carver County and approves the plans and specifications for the Highway 101 Minnesota River Crossing and CSAH 61 Improvements, City Project No. 13-04." City Council approval requires a simple majority vote of the City Council present. On December 10, 2012, staff and Carver County gave the City Council an update on the Highway 101 Flood Mitigation River Crossing project including improvements along CSAH 61 in Carver County. In March, 2013, the City applied for a DNR trail grant to help pay for trail improvements planned for the project. An open house for both the Carver County Minnesota River Bridge and CSAH 61 improvements and the Hennepin County CSAH 61 improvements was held on April 18, 2013 at the Shakopee Police Training Center. On June 26, 2013, a second open house was held at the Chanhassen Library. Senior Center On February 10, 2014, staff gave the Council an update on the project at the Phone: 952.227.1125 worksession. Fax: 952.227.1110 DISCUSSION Web Site www.ci.chanhassen.mn.us The Counties of Carver and Scott, along with the Minnesota Department of Transportation (MnDOT) and the Cities of Chanhassen and Shakopee are nearing completion of the design for a four -lane river bridge over the Minnesota River that will protect the traveling public from 100 -year flooding events. The agencies are Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Highway 101 MN River Crossing/CSAH 61: Approve JPA and Plans & Specifications February 24, 2014 Page 2 meeting monthly to work on the bridge and road design. In addition to the Highway 101 bridge, the Highway 101 /CSAH 61 (old 212) intersection, known as the "Y" intersection, will be reconstructed with a roundabout to accommodate future traffic demands. This design also accommodates a future north leg to the roundabout. CSAH 61 will also be reconstructed to a 4 -lane design from Bluff Creek Drive to just east of the Highway 101 /CSAH 61 roundabout. A roundabout is planned at the intersection of CSAH 61 and Bluff Creek Drive. The intersection at CSAH 61 and the Highway101 north leg will still operate with a signal until the alignment up the bluff is improved. PLAN REVIEW Plans are 95% complete and agencies are reviewing the final details of the project. Currently, Carver County is working on right -of -way negotiations. Right -of -way acquisition is expected to be completed by February of 2014. The Chanhassen entrance monument on the south side of the roundabout is included in the project. The Federal Highway Administration does not recommend placing fixed object in a roundabout, however, MnDOT does not have a policy for this. Carver County has agreed to allow the entrance monument within their right -of -way, however, they are requesting the County not be held liable for any accidents that may occur. This requirement by the County is outlined in the Joint Powers Agreement. Modest landscaping in the roundabout is included in the project. The plantings chosen are relatively low maintenance which include grasses, ornamental and coniferous trees, shrubs and perennials. This area currently does not have City water service so irrigation of the landscaping is limited. An option to irrigate the roundabout is to use the stormwater ponds adjacent to the roundabouts as the water source. This irrigation design and construction would need to be bid outside of the road project contract. However, conduits should be installed with the road project to plan for the irrigation improvements. Staff is checking on the feasibility of the design and if any grant funds are available. Three stormwater treatment ponds are proposed for the project on the north side (Chanhassen side) of the river. The pond southeast of the Highway 101 roundabout is a regional pond that will treat stormwater from a portion of the Hennepin County project scheduled for construction in 2015 and the north leg of Highway 101 up the bluff. Bridge trail railing design is proposed to be the same design that is on Highway 494 Lakota Bridge in South St. Paul which crosses the Mississippi River (see photo below). The railing is proposed to be painted a dark brown. Two overlooks or rest areas are also proposed on the bridge trail. g: \eng \public \_2013 projects \13 -04 th 101 river crossing - csah 61 impwv=mts\bkgd 022414 appmjpa with m & ps.dmx Todd Gerhardt Highway 101 MN River Crossing /CSAH 61: Approve JPA and Plans & Specifications February 24, 2014 Page 3 The overlooks will have interpretative panels at these locations discussing the cultural history and ecological wonders of the Minnesota River basin. The Highway 101 bridge will have some street lights on the road curves and around the roundabout. CSAH 61 will have street lights at the Bluff Creek Drive roundabout. These lights are proposed to be LED instead of the normal high pressure sodium (HPS) lights the City is currently using. The lights are expected to offer the same illumination as the HPS lights but are more energy efficient and will have a longer life expectancy. The poles are proposed to be brown anodized aluminum. The project will have several detours throughout the project to maintain access to the local businesses. The construction phasing is shown on the attached exhibit. Estimated Project Costs The total estimated project cost is $56,232,000. The City of Chanhassen will be responsible for a portion of the project based on requested items included in the project and Carver County cost share policy. Scott County's share is their future tumback plus the LRIP funds. The two Counties are planning to pay for their Highway 101 approaches and split the bridge funding shortfall 50150. The trail costs are not turnback funding eligible. The Highway 101 trail corridor is on Carver County's master trail plan so the trails, underpass and associated retaining wall will be split 50150 between the City and County. The trail improvements along CSAH 61 are 100% City cost. The aesthetic treatment in the roundabouts and entry monument are 100% city cost. A portion of the CSAH 61 project is not tumback eligible. These costs are proposed to be charged to the City per the Carver County cost participation policy. Right -of -way is 75% tumback cost eligible along CSAH 61. The 25% of the remaining right -of -way cost is proposed to be split between Carver County and the City per past projects. The following is a breakdown of the estimated City costs: CSAH 61 Roadway City Share Not Tumback Eligible Per Carver County Cost Participation Policy $180,088 Highway 101 Trail City Share $194,492 CSAH 61 Trail F $67,704 Roundabout Aesthetics and Entry Monument $100,678 City's Engineering Share of Design F $54,296 Right -of -Way City Share $234,375 Total City Costs F$831,633 The City received a Minnesota DNR trail grant for this project in 2013 in the amount of $150,000. The remaining City cost is proposed to come from the Municipal State Aid (MSA) Fund. Staff is still checking with State Aid about all items being eligible for state aid. The City proposed funding is as follows: g: \eng \public \_2013 projects \13-04 th 101 river crossing - csah 61 improvements \bkgd 022414 apprvjpa with cc & ps.docx Todd Gerhardt Highway 101 MN River Crossing/CSAH 61: Approve JPA and Plans & Specifications February 24, 2014 Page 4 DNR Grant 7$150,000 MSA Funds F $681,633 Project funding is as follows: Flood Mitigation State Bonding $20,035,000 Local Road Improvement Program (LRIP) Grant $8,684,887 Carver County Turnback Funds $16,548,610 Carver County $7,681,862 Scott County Tumback Funds $2,432,242 Scott County F $18,139 City of Chanhassen $831,633 Total $56,232,373 MnDOT is completing the river bridge design plans and will be responsible for construction administration, geotechnical work and surveying. JOINT POWERS AGREEMENT To approve the project and participate in the project scope and improvements, the City will need to enter into a Joint Powers Agreement with Carver County. Carver County is the lead agency for the project and will be administrating the contract. The agreement identifies the responsibilities of each agency and cost participations. The city attorney has reviewed the agreement and finds it in order. Right -of -Way Secured I End of February, 2014 Bid Opening April 17, 2014 Start Minnesota River Crossing Construction Summer, 2014 MnDOT and Carver County Project Substantially Complete Fall, 2015 WORKING HOURS To meet the proposed schedule, extended working hours will need to be considered. The City's current working hours are from 7 a.m to 6 p.m. Monday through Friday and Saturday from 9 a.m. to 5 p.m. MnDOT and Carver County are requesting normal working hours be extended to Monday through Friday from 6 a.m. to 10 p.m. Night work hours will also need to be considered. This work would only include muck removal operations and paving. The proposed requirements for night work are as follows: g: \eng \public \_2013 projects \13 -04 th 101 river crossing - csah 61 improvements \bkgd 022414 appry jpa with cc & ps.docx Todd Gerhardt Highway 101 MN River Crossing/CSAH 61: Approve JPA and Plans & Specifications February 24, 2014 Page 5 • Night Construction shall be defined as construction between 10:00 p.m. and 6:00 a.m. For Night Construction, the Contractor shall be vrohibited from performing the following activities: pile driving/removal, concrete pavement demolition, sawing for pavement removal, crushing operations, and jack - hammering. Any deviation from the hours that these activities are prohibited from occurring must be approved by the Engineer. The Contractor shall have a supervisor on site during Night Construction that has completed the "MnDOT Noise Mitigation for Night Construction" training in the five years prior to the start date of this Contract and shall be on file as having completed the training with the Department. This training is free of charge, approximately 30 minutes in length, and can be found online at http: / /www. dot. state. nm. us/ onlinelearning/construction/noisemiti ag tion. The nighttime supervisor's name and a copy of his/her certification shall be furnished to the Engineer prior to Night Construction. For Night Construction, the following shall be required of the Contractor: • Notify all sensitive areas of the proposed Night Construction. Notification of the type, location, and duration of the work shall be made in writing no later than five calendar days prior to beginning the work. Provide a copy of the notification to the Engineer and the City. • Provide a contact person who is on site to ensure that any issues related to Night Construction are immediately addressed. • Equipment shall have OSHA approved ambient sound - sensing backup alarms or, as an alternative, an observer may be utilized in accordance with OSHA standards. • Allow for equipment to turn- around in lieu of backing -up (this includes equipment entering/exiting the project). • Construct temporary noise mitigation enclosures or curtains around stationary equipment (e.g., generators, compressors) that are within 500 feet of sensitive areas. • Tailgates on trucks shall not be slammed. Truck drivers that are unable to control the tailgates from slamming shall be removed from the project. • All engines and engine driven equipment used for hauling or construction shall be equipped with an adequate muffler in constant operation and properly maintained to prevent excessive or unusual noise. If the Engineer determines that the Contractor is not in compliance with the Night Construction requirements, the Engineer will suspend Night Construction until the non - compliant issues are addressed or the Engineer accepts an action plan from the Contractor that satisfactorily addresses any non - compliant issues noted. g: \eng\public \_2013 projects \13 -04 th 101 river crossing - csab 6l improvements \bkgd 022414 apprvjpa with cc & ps.docz Todd Gerhardt Highway 101 MN River Crossing /CSAH 61: Approve JPA and Plans & Specifications February 24, 2014 Page 6 Working hours extension and night work is not part of the Joint Powers Agreement or approval of the plans and specifications. This item will be brought before Council on a future agenda for consideration. Attachments: Joint Powers Agreement with Carver County Construction Phasing Interpretative Bridge Panel Roundabout Landscape Concept g: \eng\public \_2013 projects \13 -04 th 101 river crossing - csah 61 improvements \bkgd 022414 appry jpa with cc & ps.docx JOINT POWERS AGREEMENT between CARVER COUNTY AND THE CITY OF CHANHASSEN for THE SOUTHWEST RECONNECTION PROJECT 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 along with several partners have joined together to design and construct improvements to Highway 101 and 61 to improve the safety of the traveling public, and WHEREAS, Improvements to Highway 101 and 61 include the construction of a new Highway 101 bridge over the Minnesota River Valley and reconstruction of Highway 61 between Bluff Creek Drive and east junction Highway 101, approximately, and as generally depicted in Exhibit A, and WHEREAS, The project to construct these improvements is known as the Southwest Reconnection Project, herein referred to as the Project, and WHEREAS, Highway 61, a County State Aid Highway and formerly US 212, is under County jurisdiction and designated County Turnback Account eligible, and Highway 101 is currently under State jurisdiction and planned to be transferred to the County in May 2014 at which time becomes County Turnback Eligible, and WHEREAS, It is the desire of both of the parties hereto to enter into a written document regarding the cost share and maintenance for the Project, and WHEREAS, Minnesota Statutes, Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting Parties. 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: Article 1 Enabling Authority Minnesota Statutes Section 471.59 authorizes two or more governmental units to jointly exercise any power common to the contracting parties. Page 2 of 10 Article 2 Purpose That this agreement shall apply only to the improvements of a portion of CSAH 61 and Highway 101 as depicted in Exhibit A and here -in referred to as the Project. Article 3 Prosecution of Work A. The County will: 1) Prepare construction plans and specifications with an estimate of cost for the Project. 2) Act as the lead agency in property acquisition for all necessary permanent and temporary right -of -way, drainage easements and slope easements for the Project. Business relocation activities if necessary will be led by County staff in coordination with the City. All final acquisition expenses that have been approved by each party will be split between the County and the City in accordance with the terms of this agreement 3) Act as the contracting agency for the Project in accordance with the competitive bidding requirements of Minnesota Statutes 471.345 and 375.21. 4) Provide necessary surveying and construction inspection engineering services for the Project unless otherwise specified in this agreement. 5) Obtain written approval of the Project's construction plans, specification and special provisions from the City Engineer prior to advertising for bids. 6) Obtain concurrence from the City in the award of a construction contract for the Project. If the City does not approve the award, this agreement shall be null and void. 7) Maintain construction of the Project open to inspection by the City Engineer. 8) Obtain the approval of the City for any change orders or supplemental agreements that include City cost participation prior to directing the work and prior to executing the orders or agreements. If the City does not approve the change orders or supplemental work, the change orders or supplemental work shall not be executed. B. The City will: 1) Concur or not concur in the award of the construction contract in a timely manner within its discretion 2) Be responsible for observing the installation of all municipal utilities to verify to its satisfaction the installation of said utilities has been performed in accordance with its policies, procedures and the plans and specifications. C. The County shall be the sole owner of all accompanying record documents for the Project. Page 3 of 10 D. The County adopted Cost Participation Policy for Cooperative Highway Projects between Carver County & Municipalities, said Policy being adopted by the County Board of Commissioners on February 17, 1998, as amended on February 13, 2007, and March 19, 2013, a copy of which is attached hereto (Exhibit B) and made a part hereof for reference. This agreement shall supersede any policy terms noted in the aforementioned policy or amendments. E. The Project has many different funding sources and partners and the method of financing the County and City share of the Project shall be the prerogative of the County and the City. All costs referred to in this agreement relate to work in Carver County only. The County will enter into separate agreements with the State and Scott County for their cost share and maintenance of the Project. Cost share of the Project is subject to the following provisions and is summarized in Exhibit C: 1) CONSTRUCTION COSTS: a. The City shall pay 100% of the CSAH 61 trail construction costs. Grading for the trail is not included in this cost. b. The City shall pay 100% of the aesthetics and landscaping in the roundabouts c. The City and County shall share equally (50% each) in the construction cost of the CSAH 101 trail. This includes retaining wall and piling needed to support the trail. Grading for the trail is not included in this cost. d. The City has no cost in the CSAH 101 Bridge over the Minnesota River Valley. e. The remaining roadway, bridge (CSAH 61 over Bluff Creek) and drainage construction costs for CSAH 61 and CSAH 101 are eligible for Turnback Funds up to 75 %. The remaining costs shall be shared by the City and County in accordance with the County cost sharing policy referenced in Article 3.D of this agreement and shown in Exhibit B. In order to simplify contract administration, the parties agree the cost splits should be calculated using this policy and the Engineer's Estimate of probable cost and then fixed by percentage, which results in the following splits as shown in Exhibit C: The City shall pay 1.35% of the eligible construction costs for CSAH 61. 2. The County shall pay 23.65% of the eligible construction costs for CSAH 61. 3. The City shall pay 0% of the eligible construction costs for CSAH 101. 4. The County shall pay 25% of the eligible construction costs for CSAH 101. f. The parties agree that any items not covered by this agreement or added to the construction contract by supplemental agreement shall be shared by the City and County in accordance with the County cost sharing policy referenced in Article 3.D of this agreement and shown in Exhibit B. Page 4 of 10 2) RIGHT OF WAY ACQUISITION COSTS: a. The County and City agree to split all right of way acquisition expenses that are not funded with Turnback Funds necessary for the construction of the Project at a ratio of 50% City, 50% County. Turnback Funds are expected to cover 75% of the right of way expenses. b. These cost splits apply to expenses (with the exception of County staff time) associated with appraisals, negotiations, relocation expenses, real estate acquisition costs, eminent domain costs, building removal costs, and all other associated expenses associated with the acquisition of any necessary permanent and temporary right -of -way, drainage easements and slope easements, and business or property owner relocations for the construction of the Project. The total estimated right of way costs are shown in Exhibit C. c. The City agrees to transfer to the County all the City owned property or easement rights required for the Project at no cost to the County. 3) ENGINEERING COSTS: a. The City's contribution for design engineering services provided by the County for the Project shall be 10% of the City's share of the construction cost of the Project as estimated in Exhibit C. The State has agreed to provide construction administration services for the Project at no cost to the County and City. In the event this changes or does not apply to the whole Project, the City and County will negotiate a cost split for construction administration based on overall cost share. 4) REIMBURSEMENTS: a. Within forty five (45) days after award of the contract for the construction of the Project, and after the City has received its State Aid funding for the Project at the request of the County, the City will deposit with the County 100% of the estimated City share of the construction and engineering costs of the Project. b. Following award of the contract for the construction of the Project, the County shall submit an invoice for the estimated City share of Right of Way acquisition costs which the City shall pay within forty five (45) days after the City has received its State Aid funding for the Project from the State. c. Upon completion and final acceptance of the Project; receipt of a detailed listing of the final actual construction costs, the City will reimburse the County within thirty (30) days for any balance due for the City's share of the construction and engineering cost in excess of the deposit referenced in Section (4)(a). In the event the City's deposit exceeds the actual final costs of the City share, the County will refund the City within thirty (30) days of such overpayment. d. Following completion of all Right of Way Acquisition for the Project and receipt of a detailed listing of final actual Right of Way Acquisition costs, the City will reimburse the County within thirty (30) days for any balance due for the City's share in excess of the deposit referenced in (4)(b). In the event the City's deposit exceeds the actual final costs of the City's share, the County will refund the City within thirty (30) days of such overpayment. Page 5 of 10 5) MAINTENANCE: a. Maintenance of the completed Project shall be consistent with the Maintenance Section of the County Cost Participation Policy as shown in Exhibit B with the following clarifications: b. The County is responsible for maintenance of the County highway between curbs or between outside edges of shoulders. This includes but is not limited to snow and ice control, patching, crack sealing, seal coating, pavement rehabilitation, shouldering, striping and sign replacement. In addition, the County is responsible for routine maintenance outside the edge of shoulder or trail and within the right of way where the County highway has a ditch section. c. The City is responsible for maintenance of the boulevard, landscaped median, trees, shrubs, irrigation systems, sidewalk, retaining walls, steps, aesthetic treatments, and other urban appurtenances within the right -of -way. d. The County is responsible for maintenance of bridges and culverts. e. The City is responsible for maintenance of municipal utilities and storm sewer systems including detention /treatment basins. Costs to replace elements of storm sewer systems will be shared at the same percentage as the original installation. f. The County is responsible for maintaining roundabouts with the exception of island landscaping and aesthetic treatments including monument signs and structures which are the responsibility of the City. g. Unless stipulated by special agreement, the County will own and is responsible for maintaining traffic signal systems (with the exception of the attached lighting) at County road intersections with local public roadways and private streets. The City is responsible for maintaining the signal lighting and the electrical power to the signal system. The cost to modify, update or completely reconstruct the signal system will be shared at the same percentage as the original installation. h. The City is responsible for maintenance of intersection lighting at the County road and local road intersections. The County is responsible for maintenance of intersection lighting at the County road and County road intersection. i. The City is responsible for the maintenance of street lights. j. The City is responsible for maintaining trails within the County highway right - of -way. This includes the trail on the CSAH 101 Bridge. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. k. The City is responsible for maintaining pedestrian underpasses and overpasses. I. The County is responsible for maintaining highway signs. Page 6 of 10 m. The County is responsible for maintaining electronic signs. The costs of maintenance will be shared at the same percentage as the original installation. Article 4 Hold Harmless and Indemnification A. A governmental unit participating in a joint venture or joint enterprise, including participation in a cooperative activity undertaken pursuant to this section or other law, is not liable for the acts or omissions of another governmental unit participating in the joint venture or joint enterprise, unless the participating governmental unit has agreed in writing to be responsible for the acts or omissions of another participating governmental unit. B. This Agreement to indemnify and hold harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota States Statutes, Section 466.04 (2008) as amended. C. To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subdivision. la(a) (2008), as amended; provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. D. Each Party agrees to promptly notify the other Participating Parties if it knows or becomes aware of any facts or allegations reasonably giving rise to actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, including attorney's fees, involving or reasonably likely to involve the other Participating Parties, and arising out of acts or omissions related to this Agreement. E. The City agrees to defend and indemnify the County from any actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, including attorney's fees, involving or reasonably likely to involve the monument signage, landscaping, and other structures in the roundabouts. Article 5 Workers' Compensation A. It is hereby understood and agreed that any and all employees of the County, the County's contractors and subcontractors and all other persons employed, retained, contracted with or otherwise engaged 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 third parties engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the City. B. It is hereby understood and agreed that any and all employees of the City, the City's contractors and subcontractors and all other persons employed, retained, contracted Page 7 of 10 with or otherwise engaged 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 third parties engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation or responsibility of the County. C. Each Participating Party will maintain workers' compensation insurance or self- insurance coverage, covering its own Employees while they are providing assistance pursuant to this Agreement. Article 6 Records — Availability and Access To the extent required by Minnesota Statutes Section § 16C.05, Subd. 5 (as may be amended), the Parties agree that the other Party, the State Auditor, the Legislative 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 other Parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. Article 7 Data Privacy Each Party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. Article 8 Nondiscrimination 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. Article 9 Default and Withdrawal A. Default in this Agreement may occur when a Party fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement. Unless the Party's default is excused by the non - defaulting Party, the non - defaulting party may, upon written notice to the defaulting party representative listed herein, cancel this Agreement in its entirety as indicated in (B) below. Page 8 of 10 B. Any Party may withdraw from this Agreement with cause by providing thirty (30) days' prior written notice to the other Parties herein. C. The terms of Article 4, 5, 6 and 7 shall survive the expiration, termination or withdrawal from this Agreement. D. Only the governing bodies of the Participating Parties have authority to act pursuant to this provision of the Agreement. E. 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 form or cancellation of the agreement to be accomplished by either or both parties within 30 days of opening of bids by serving a written notice thereof upon the other, unless this right is waived by both parties in writing. The withdrawal shall be immediately effective upon receipt and the withdrawing party shall have no further financial obligations under this agreement with the exception of all acquisitions and engineering expenses shall be split per the terms of this agreement. F. Representatives for each of the parties to this Agreement are as listed below CCU Name Paul Oehme Address 7700 Market Boulevard P.O. Box 147 City /State Chanhassen, MN 55317 Phone 952 - 227 -1169 E -mail poehme(a ci.chanhassen.mn.us Countv /Division Name Lyndon Robjent Address 11360 Hwy. 212 Suite 1 City /State Cologne, MN 55322 Phone 952 -466 -5200 E -mail Irobientaco. carver. m n. us Article 10 Term of Agreement This Agreement will commence upon approval of the Participating Party and the signature of the official with authority to bind each Party. This Agreement shall be in effect until such time as the project is completed or the Agreement is terminated pursuant to Article 9 herein. Article 11 Merger and Modification A. It is understood and agreed that the entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the Parties hereto. Page 9 of 10 Article 12 Nonwaiver, Severability and Applicable Laws A. Nothing in this Agreement shall constitute a waiver by the County or City of any statute of limitations or exceptions on liability. If the County or City fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. B. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. C. The Laws of the State of Minnesota shall apply to this Agreement. Article 13 Section Headings The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Article 14 Third Parties This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary. Article 15 Miscellaneous A. Each Party understands the construction contract for the Project is scheduled to be awarded in 2014. In the event the contract is not awarded in 2014, this Agreement shall be subject to renegotiation. Page 10 of 10 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 Date: Approved As To Form: City Attorney Date: S: \Projects \SAP 010 - 661 -002 Hwy 101 Wye\Agreements \JPA Chanhassen \JPA with City of Chanhassen - 2- 06- 14.docx County of Carver, Minnesota County Board Chair Attest: County Administrator Approved As To Form: County Attorney Date: Q m_ X w Carver County EXHIBIT B Division of 1t bl c Works COST PARTICIPATION POLICY Applicable to Cooperative Highway Projects between Carver County and Municipalities. Adopted by the Carver County Board of Commissioners on February 17, 1998. Amended by the Carver County Board of Commissioners on February 13, 2007, and March 19, 2013. A. Construction Cost Share - Conventional Project (Projects programmed in the County 5 -year CIP.) Project Items County Share Municipality Share Note Right of Way By Negotiation By Negotiation 1 Retaining Wall in lieu of right of way Same %age as R/W Same %age as RNV Clearing and Grubbing 100% 0% Grading 100% 0% 2 Aggregate Base and Surfacing 100% 0% 3 Parking Lanes on 4 -lane or 6 -lane road 0% 100% 4 Storm Sewer and Ponds/Treatment Basins %age of Contributing Flow %age of Contributing Flow 5 Culverts 100% 0% Concrete Sidewalk 0 % >5000 Population 50 % <5000 Population 100 % >5000 Population 50 % <5000 Population 6 Concrete Curb and Gutter and Pedestrian Rams 0 % >5000 Population 50 % <5000 Population 100 % >5000 Population 50 % <5000 Population 7 Concrete Median and Median Curb 100% 0% 8 Concrete Driveway Entrances (Apron) 100% 0% 9 Municipal Utility Adjustment or Construction 0% 100% Roundabouts By Leg By Leg Traffic Signals By Leg By Leg 10 Intersection Lighting By Leg By Leg 11 Street Lighting 0% 100% 12 Bridges By Negotiation By Negotiation Trails along county highway 0% Local 50% Linking & Regional 100% Destination 100% Local 50% Linking & Regional 0% Destination 13 Trail Underpass /Overpass 0% Local 50% Linking & Regional 100% Destination 100% Local 50% Linking & Regional 0% Destination 14 Landscaping 25% up to State Aid Limit 75% 15 Aesthetic Treatments 0% 100% 16 Highway Signs 100% 0% Electronic /Specialty Signs By Negotiation By Negotiation Noise Walls By Negotiation By Negotiation 17 Mobilization Pro -rated by const. share Pro -rated by const. share Erosion Control Pro -rated by const. share Pro -rated by const. share Traffic Control Pro -rated by const. share Pro -rated by const. share Engineering Services Pro-rated by const. share Pro -rated by const. share Other items By Negotiation By Negotiation Page 1 of 5 Carver County Highway Cost Participation Policy - Adopted March 19, 2013 Carver County Division of 1t bf�c Works Conventional Project Notes 1. Fee title and permanent and temporary easements needed for projects on the existing county highway system or newly established or dedicated county highway system including the property needed for storm water treatment basins and wetland mitigation sites. 2. Includes grading and removal items. Applies to county roads and work necessary to be in existing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 3. Applies to county roads and work necessary to tie in existing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 4. Includes grading, base and surfacing. Applies to county roads and work necessary to tie in existing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 5. Includes catch basins, manholes, storm sewer pipes, outlet structures, grit chambers, and water quality and rate control ponds /basins. The county share is based on the ratio of contributing flow from the right of way to the total contributing flow. 6. Existing sidewalk impacted by the highway construction will be replaced in kind by the county. 7. Existing curb and gutter and pedestrian ramps impacted by the highway construction will be replaced in kind by the county. 8. The county pays for standard median design which is plain concrete. If a municipality requests decorative median the municipality pays the additional cost above the cost of a standard median. 9. Concrete aprons are installed at locations determined by the county. Driveways beyond the apron are constructed in -kind. 10. Applies to new and replacement traffic signals. Includes all components that make up a permanent warranted traffic control signal system with steel poles and mast arms installed at an intersection of a county highway and public roadway at an approved location by the county. The county pays 0% of a signal system at a private access /road. The municipality pays 100% of the furnishing and maintenance of electrical power to the traffic signal. The cost to modify, update or completely reconstruct the signal system will be shared at the same percentage as the original installation. 11. Designed to light an intersection for traffic safety purposes. Locations will be determined by the county. 12. Decorative type lighting along the roadway. 13. Applies to trails constructed with county road projects only. Stand alone trail projects are handled separately. Locations and descriptions are shown in the Carver County Comprehensive Plan and other related trail plans and policy documents. Applies to all costs associated with trail including but not limited to: grading, drainage, base, surfacing, pedestrian ramps, wetland mitigation due to trail impacts and additional right way needed for the trail. The county will only participate in trails constructed to meet State Aid Rules and Standards. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. Townships are exempt from paying for trails. 14. Underpasses spanning 10 feet or more are considered bridges and will be added to the county bridge safety inspection program. 15. Landscaping items as approved by the county. State Aid limit is 5% of annual construction allotment. 16. Aesthetic items that do not serve a specific transportation use such as streetscaping, median plantings, decorative railing, ornamental fencing etc. All approved median plantings require irrigation. 17. Additional costs for decorative noise walls will be the responsibility of the requesting agency. Page 2 of 5 Carver County Highway Cost Participation Policy — Adopted March 19, 2013 Carver County 1Division of Puffic Works B. Construction Cost Share —Development Driven Project (Projects not programmed in the County 5 -year CIP) Project Items County Share Municipality Share Note Right of Way 0% 100% 1 Retaining Wall in lieu of right of way Same %age as RNy Same %age as RAW Clearing and Grubbing 100% 0% 100% for through lane and 0% for through lane and shoulder (up to 44' wide). shoulder (up to 44' wide). 50% for additional through 50% for additional through Grading lanes and median. lanes and median. 2 100% for county rd. to 100% for city st. to county county rd. turn lanes. rd. turn lanes and county rd. to city st. turn lanes Aggregate Base and Surfacing Same as Grading Same as Grading Parking Lanes on 4 -lane or 6 -lane road 0% 100% 3 Storm Sewer and Ponds/Treatment %age of Contributing Flow %age of Contributing Flow 4 Basins Culverts 100% 0% Concrete Sidewalk 0% 100% Concrete Curb and Gutter and Pedestrian 0% 100% Ramps Concrete Median and Median Curb 50% 50% 5 Concrete Driveway Entrances (Apron) 100% 00/6 6 Municipal Utility Adjustment or 0% 100% Construction By Leg if meets warrants by By Leg if meets warrants by opening. opening. By Leg up to 50% if meets By Leg but no less than Roundabouts warrants for design year. 50% if meets warrants for design year. 0% if does not meet 100% if does not meet warrants for design year. warrants for design year. By Leg if meets warrants by By Leg if meets warrants by opening. opening. 50% of County Legs if 100% of City legs plus 50% Traffic Signals meets warrants for design of County Legs if meets 7 year. warrants for design year. 0% if does not meet 100% if does not meet warrants for design year. warrants for design year. Intersection Lighting By Leg By Leg 8 Street Lighting 0% 100% 9 Bridges By Negotiation By Negotiation Page 3 of 5 Carver County Highway Cost Participation Policy — Adopted March 19, 2013 Carver County Division of It bl c Works Trails along county highway 0% Local 50% Linking & Regional 100% Destination 100% Local 50% Linking & Regional 0% Destination 10 Pedestrian Underpass /Overpass 0% 100% 11 Landscaping 0% 100% 12 Aesthetic Treatments 0% 100% 13 Highway Signs 100% 0% Electronic /Specialty Signs By Negotiation By Negotiation Noise Walls 0% 100% 14 Mobilization Pro -rated by const. share Pro-rated by const. share Erosion Control Pro -rated by const. share Pro -rated by const. share Traffic Control Pro-rated by const. share Pro -rated by const. share Engineering Services Pro -rated by const. share Pro -rated by const. share Other items By Negotiation By Negotiation Development Driven Project Notes 1. Fee title and permanent and temporary easements needed for projects on the existing county highway system or newly established or dedicated county highway system including the property needed for storm water treatment basins and wetland mitigation sites. The cost share for right of way needed outside the boundaries of a development plat will be negotiated. 2. Includes grading and removal items. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 3. Includes grading, base and surfacing. Applies to county roads and work necessary to tie in existing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 4. Includes catch basins, manholes, storm sewer pipes, outlet structures, grit chambers, and water quality and rate control ponds /basins. The county share is based on the ratio of contributing flow. County share is based on the contributing flow from the right of way less roadway surface areas that the municipality pays for. The municipality share is the contributing flow from outside the right of way plus roadway surface area the municipality pays for. Costs to replace elements of storm sewer systems will be shared at the same percentage as the original installation. 5. The county pays for standard median design which is plain concrete. If a municipality requests decorative median the municipality pays the additional cost above the cost of a standard median. 6. Concrete aprons are installed at locations determined by the county. Driveways beyond the apron are constructed in -kind. 7. Applies to new and replacement traffic signals. Includes all components that make up a permanent warranted traffic control signal system with steel poles and mast arms installed at an intersection of a county highway and public roadway at an approved location by the county. To meet signal warrants, the intersection must meet either the four hour or the eight hour vehicular volume warrant standard. The county pays 0% of a signal system at a private access /road. The municipality pays 100% of the furnishing and maintenance of electrical power to the traffic signal. The cost to modify, update or completely reconstruct the signal system will be shared at the same percentage as the original installation. 8. Designed to light an intersection for traffic safety purposes. Locations will be determined by the county. 9. Decorative type lighting along the roadway. 10. Applies to trails constructed with county road projects only. Locations and descriptions are shown in the Carver County Comprehensive Plan and other related trail plans and policy documents. Costs associated with trail include grading, drainage, base, surfacing, pedestrian ramps, wetland mitigation due to trail impacts and additional right way needed for the trail. The county will only participate in trails constructed to meet State Aid Rules and Standards. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. 11. Underpasses spanning 10 feet or more are considered bridges and will be added to the county bridge safety inspection program. 12. Landscaping items as approved by the county. 13. Aesthetic items that do not serve a specific transportation use such as streetscaping, median plantings, decorative railing, ornamental fencing etc. All approved median plantings require irrigation. 14. Additional costs for decorative noise walls will be the responsibility of the requesting agency. Page 4 of 5 Carver County Highway Cost Participation Policy — Adopted March 19, 2013 Carver County Division of Public Works C. Maintenance -Maintenance of county highways constructed under this policy will be as follows unless specified differently in a separate maintenance agreement. 1. The county is responsible for maintenance of the county highway between curbs or between outside edges of shoulders. This includes but is not limited to snow and ice control, patching, crack sealing, seal coating, pavement rehabilitation, shouldering, striping and sign replacement. In addition, the county is responsible for routine maintenance outside the edge of shoulder and within the right of way of a rural county highway. The county may enter into agreements with municipalities to perform highway maintenance. 2. The municipality is responsible for maintenance of the boulevard, landscaped median, trees, shrubs, irrigation systems, sidewalk, retaining walls, steps, aesthetic treatments, and other urban appurtenances within the right -of- way of an urban county highway. 3. The county is responsible for maintenance of bridges and culverts on the county route. 4. The municipality is responsible for maintenance of its utilities and storm sewer systems including detention /treatment basins. Costs to replace elements of storm sewer systems will be shared at the same percentage as the original installation. 5. The county is responsible for maintaining roundabouts with the exception of island landscaping and aesthetic treatments which are the responsibility of the municipality. 6. Unless stipulated by special agreement, the county will own and is responsible for maintaining traffic signal systems (with the exception of the attached lighting) at county road intersections with local public roadways and private streets. The municipality is responsible for maintaining the signal lighting and the electrical power to the signal system. The cost to modify, update or completely reconstruct the signal system will be shared at the same percentage as the original installation. 7. The municipality is responsible for maintenance of intersection lighting at a county road and local road intersection. The county is responsible for maintenance of intersection lighting at a county road and county road intersection. 8. The municipality is responsible for the maintenance of street lights. 9. The municipality is responsible for maintaining trails within the county highway right -of -way. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. 10. The municipality is responsible for maintaining pedestrian underpasses and overpasses. 11. The county is responsible for maintaining highway signs. 12. The county is responsible for maintaining electronictspecialty signs. The costs of maintenance will be shared at the same percentage as the original installation. 13. Maintenance of noise walls is the responsibility of the agency paying for the initial installation. Page 5 of 5 Carver County Highway Cost Participation Policy — Adopted March 19, 2013 Q � _m _ x w !! / 0 k 0 ) J 0 § R§ |� k i ! !!! k/ /( \ } \ | {! } �!{ ! !!! ) !{ !4! ! � t !! ,! • � �) ` \ ! ! / } J } © 3 r ! 7 \ ( § � k § m § J / / \ ! \ §\ \ /\| ( \ \ $ ` � 3 E ! 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