9b. West 78th St. Joint Powers with Carver County I
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CHANHASSEN
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• \ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937-1900
IMEMORANDUM
TO: Don Ashworth, City Manager
IFROM: Gary Warren, City Engineer
II DATE: May 3 , 1989
SUBJ: Approve Joint Powers Agreement with Carver Co unt y for
West 78th Street Detachment
IFile No. 87-2
II As noted in the previous agenda item, the City' s West 78th Street
detachment project calls for the reconstruction of portions of
County Road 17 . In order to perform work on the County right-of-
' way, it is necessary for the City to enter into a cooperative
agreement with the County. The attached agreement has been pre-
pared by Carver County and has been reviewed by the City
Attorney. Some suggested modifications have been proposed as
I noted in the City Attorney' s letter dated April 18 , 1989 . The
agreement does provide for restricting direct access by indivi-
dual parcels to County Road 17 which is consistent with the sta-
ll tus of this collector roadway. It should be further noted that
Article 14 concerning completion of the project in 1989 should be
changed to 1990 , consistent with our anticipated construction
I schedule. This has been reviewed with the County Engineer and he
has no problems with this date.
It is therefore recommended that the attached cooperative
I agreement for construction improvements to County Road 17 for the
City' s West 78th Street Detachment Project No. 87-2 be approved
with modifications as noted above and in the City Attorney ' s
IApril 18 , 1989 correspondence.
Attachments
I1 . CSAH 17 (Powers Boulevard) Construction Agreement.
2 . April 18 , 1989 letter from City Attorney.
Icc: Roger Gustafson, County Engineer
I
El
ti
CSAH 17 (Powers Boulevard ) CONSTRUCTION AGREEMENT
BETWEEN ,
CARVER COUNTY AND THE CITY OF CHANHASSEN
THIS AGREEMENT , Made and entered into this day of
, 1989 by and between the City of 1
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 I
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 1
studies relating to the reconstruction of Carver County State Aid
Highway 17 (Powers Boulevard) from approximately 500 feet south
of Lake Drive West to approximately 1 , 500 feet north of Trunk
Highway No. 5, and
WHEREAS, the City desires changes made to CSAH 17 for the benefit of
the City, and
WHEREAS, CSAH 17 is under the jurisdiction of"H' e County for purposes
of maintenance and improvements, and , ►k+
WHEREAS, It is the desire of both ofthe parties hereto to enter into
a written document regarding, she reconstruction of said CSAH 17 ;
NOW , THEREFORE , Pursuant to Minnesota Statutes 471 . 59 and in con-
sideration of the mutual covenants and promises hereinafter con-
tained , it is agreed by and between the City of Chanhassen and
the County of Carver as follows:
1 . That this agreement shall apply only to the improvements of I
the following described portion of County State Aid Highway
in the City of Chanhassen :
a) C. S.A.H . No. 17 (Powers Boulevard) from approximately I
500 feet south of Lake Street West; thence northerly to
approximately 1 , 500 feet north of Trunk Highway No. 5 ,
and there terminating .
2. That the Chanhassen City Engineer shall be the project en-
gineer in charge of each portion of said above described II
road as and when same is reconstructed, and that the City
shall in all respects hereafter act as the contracting agent
in the improvement of said road above described in accor-
dance with the competitive bidding requirements of Minnesota
Statutes 471 . 345 and 375 . 21 . However, said improvement and
said authority of the City are subject to review and ap-
proval of the County as follows: ,
•
t
a) No advertisement for bids shall be undertaken until the
plans , specifications and special provisions are ap-
proved by the County and until the plans are approved
by the Minnesota Department of Transportation , Office
of State Aid .
b) The City shall receive concurrence from the County in
the award of a construction contract for the project.
' The City shall not award the construction contract un-
til the County advises the City in writing of its con-
currence therein .
' c) The City will , through a registered professional
project engineer , supervise and keep adequate records
to document the quality of construction and to substan-
tiate pay quantities. The City will , through a regis-
tered professional project engineer, provide the County
with an inspection certification that the project has
been constructed in accordance with the plans and
' specifications upon its completion .
d ) The County Highway Engineer must approve any change or-
ders or supplemental agreements to the contract prior
to the performance of such work by the contractor.
e) The City will maintain the project open to inspection
' by the County Highway Engineer .-o, , his duly authorized
representatives.
3fr
3 . That the City shall acquire ati its expense , if any , all
necessary permanent and ,temporary right of way and slope
easements for the construction of said facility minimum
' (C. S.A.H . 17 ) with permanent right of way to be 100 ' minimum
in width , and the City shall assign any and all interest
therein to the County.
1 4. The City agrees to do all things necessary and bear all
costs thereof for the reconstruction of said facility in
conformance and accordance with current County State Aid
Highway Standards , as a four lane divided urban street sec-
tion with concrete curb and gutter. The project shall be
assigned a State Aid Project ( S . A. P ) number and shall be
' subject to the normal review process by the State Aid Divi-
sion of the Minnesota Department of Transportation .
' 5 . Funding the entire project including , but not limited to,
all costs of right-of-way acquisition , utility relocations,
maintaining and detouring traffic, construction, surveying,
engineering and administration shall be the sole respon-
sibility of the City . The method of financing the improve-
ment project shall be the prerogative of the City; however,
the County shall have no funding obligations toward the
' project.
IIM
6 . It is further agreed , that in applying its subdivision II
regulations to development proposals abutting the portion of
road included in this agreement , the City will require
direct access to CSAH 17 only via public street intersec-
tions. No direct access to individual parcels from CSAH 17
that did not exist prior to January 1 , 1989 , will be per-
mitted
by the City .
7 . It is further agreed , that in the reconstruction of said
facility as set forth in paragraph 4 hereof, the City shall
be responsible for the relocation of " local " utilities.
8. It is further agreed , that in the reconstruction of said
facility as set forth in paragraph 4 hereof , the City shall
be responsible for the relocation of "private" utilities.
9 . 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 of Chanhassen agrees to
defend at its own sole cost and expense any action for
proceeding commenced for the purpose .pf;vasserti ng any claim
of whatsoever character arising .as_ .,e-result of the provi-
sions 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 en-
gaged in the performance of any of the provisions of serv-
ices hereunder shall in no way be the obligation or respon-
sibility of the County .
10. 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 prac-
tices and procedures of the Contractor and involve transac-
tions relating to this Agreement.
City agrees to maintain these records for a period of three '
years from the date of termination of this Agreement.
11 . During the performance of this Agreement, the City agrees 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 ex-
cluded from full employment rights in , participation in , be
denied the benefits of or be otherwise subjected to dis-
crimination under any and all applicable Federal and State
' laws against discrimination .
12 . Each party to this agreement reserves the right to withdraw
' from and cancel this agreement within 60 days from the open-
ing 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 ac-
complished by either or both parties within 60 days of open-
ing of bids by serving a written notice thereof upon the
other.
' 13. Each party agrees that any modification of this agreement
will be in writing and will be signed by the parties hereto.
14. Each party understands the reconstruction project is
scheduled to commence in and be completed in 1989 . In the
' event the construction of this project is not completed in
1989 , this contract shall be subject to renegotiation .
IN TESTIMONY WHEREOF, The parties hereto have caused these presents to
' be executed in their corporate names and their corporate
seals affixed hereto the day and year first above written .
' City of Chanhassen, Minnesota County of Carver, Minnesota
' Recommended for Approval : Recommended for Approval :
•
' Chanhassen City Engineer . -.t.• Carver County Engineer
Mayor, City of Chanhassen Chairman , Board of Commissioners
Attest: Attest:
City of Chanhassen Manager Carver County Administrator
Approved As To Form: Approve As To Form:
Chanhassen City Attorney Carver County Attorney Y
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I
LAtx' OFFICES
GR va`:IS, GRRANNIS, FARRELL & t;.f!UTSON I
D:v;c L. GP.+`Ins I.'4-I0_i PROPrSiIONIAL ASSOCIATION
TELECOPIER.
DAVID L. GRASS'S.1` • 1410•19b0 P T O rici '3ox 57 (Fi12(455-2359
VkNCE B GRA\•:5 403 NOF.WELT BANS:EL ILDJNG ELUOrr B. KNETSCH I
VAN CE B. GAA\\!5, R MICHAEL J MAYER.
J 161 NORTH COSCORD EXCHANGE
PATRICK A. FARRELL TIMOTHY J. BERG
DAVID L. GItANN:s,Iii So.rnri ST. PAvi. MINNESOTA 55075
ROGER N. KNUTSON (612)455
TELEPHONE I I
DAVID L. HARMEYFR 4551661
April 18 , 1989
Mr. Gary Warren II
City of Chanhassen
690 Coulter Drive
II
P.O. Box 147
Chanhassen; MN 55317
Re: CASH 17 Agreement with Carver County I
Dear Gary:
I suggest the following changes to the proposed Agreement:
II is
1 . Delete Paragraph 2 (b ) since the City is paying for the I
project. The County should have no concern about the cost.
2 , Amend Paragraph 2 (d) to read: i
The County Highway Engineer must approve any changes in
the plans and specifications prior to the performance
of such work by the contractor.
II
Again, since the City is paying the entire costs, the County
should not be concerned about change orders that increase costs. 1
3. Add the following provisions to the end of Paragraph 6:
The County has prohibited the construction of an access I
from West 78th Street to CASH 17. Paragraph 9 of this
Agreement shall not apply to this restriction and other
restrictions on access to CASH 17 , which are the sole
II
responsibility of the County.
Since the County has made the decision, the County, not the City,
II
should be the responsible party,
1 . Delete Paragraph 12 . Since the County has no interest
IIin bids, the paragraph is not necessary.
4 ef -y-'-t r —' �U r s,
II
BY: !...- -
II
iloclor- i�' Vnutson
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