7d. West 78th Street Detachment Approve Interagency with Carver County 7.
CITYOF
CHANHASSEN
1.
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612)937-1900
MEMORANDUM ✓
TO: Don Ashworth, City Manager :, . R
FROM: Gary Warren, City EngineerG , c, ,..,
DATE: August 24 , 1989
srfti <
• °
SUBJ: Approve Interagency Agreement with Carver County - -1
File No. 87-2 1,,,.
1
On May 8, 1989 , the City Council tabled the approval of the Joint
Powers Agreement with Carver County for construction of the West
78th Street detachment improvements until the resolution of the
right-in/right-out access issue. With this matter behind us, the
agreement is once again presented for Council approval .
' This document has been reviewed by the City Attorney ' s office and
found acceptable. The contract covers the construction of the
' improvements for the entire project both north and south of Trunk
Highway 5 . In this regard, Item 14 of the contract, although
able to be re-negotiated, should reflect that construction is
scheduled to commence in 1990 with completion of both phases
scheduled for 1992 . With this minor modification it is therefore
recommended that the attached cooperative agreement for construc-
tion of improvements to County Road 17 for the West 78th Street
Detachment Improvement Project No. 87-2 be approved.
Attachment: CSAH 17 (Powers Blvd. ) Construction Agreement
c: Roger Gustafson, County Engineer
Gary Ehret, BRW
4•
CSAH 17 (Powers Boulevard) CONSTRUCTION AGREEMENT
BETWEEN
CARVER COUNTY AND THE CITY OF CHANHASSEN
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 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 the County for purposes of maintenance
and improvements, and ,
WHEREAS, It is the desire of both of the parties hereto to enter into a written document
regarding the reconstruction 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 of Chanhassen and the County of Carver as follows:
1. That this agreement shall apply only to the improvements of 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 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 engineer in charge of 1
each portion of said above described 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
accordance 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 approval of the County as follows:
1 .4
a) No advertisement for bids shall be undertaken until the plans,
specifications and special provisions are approved by the County,until
the plans are approved by the Minnesota Department of Transportation,
Office of State Aid, and until the plans have been approved by the
Minnesota Department of Transportation as a coordinated element of
the reconstruction plans for the Trunk Highway 5 corridor in the
immediate area of its intersection with C.S.A.H. 17.
' 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 until the County advises the City in writing of its
' concurrence therein.
c) The City will, through a registered professional project engineer,
' supervise and keep adequate records to document the quality of
construction and to substantiate pay quantities. The City will,through
a registered 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 orders 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 or his duly authorized representatives.
3. That the City shall acquire at 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.
' 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
' section 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 Division 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 responsibility of the
City. The method of financing the improvement project shall be the
prerogative of the City; however,the County shall have no funding obligations
' toward the project.
' I
6. It is further agreed,that in applying its subdivision 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 intersections. No
direct access to individual parcels from CSAH 17 that did not exist or were not
permitted to exist prior to August 1, 1989, will be permitted 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 of asserting
any claim of whatsoever character arising as a result of the provisions 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 or responsibility 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 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.
I .
I11. During the performance of this Agreement, the City agrees to the following:
INo 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 rights in, participation in, be denied the
I benefits of or be otherwise subjected to discrimination under any and all
applicable Federal and State laws against discrimination.
I 12. Each party to this agreement reserves the right to withdraw from and cancel
this agreement within 60 days from the opening of bids for the project in the
event either or both parties consider any or all bids unsatisfactory; the
I withdrawal from or cancellation of the agreement to be accomplished by either
or both parties within 60 days of opening of bids by serving a written notice
thereof upon the other.
I13. Each party agrees that any modification of this agreement will be in writing and
will be signed by the parties hereto.
I14. Each party understands the reconstruction project is scheduled to commence
in 1989 and be completed in 1991. In the event the construction of this project
Iis not completed in 1991, this contract shall be subject to renegotiation.
IN TESTIMONY WHEREOF,The parties hereto have caused these presents to be executed.
I
City of Chanhassen, Minnesota County of Carver, Minnesota
IRecommended for Approval: Recommended for Approval:
IChanhassen City Engineer Date Carver County Engineer Date
IMayor, City of Chanhassen Date Chairman, Board of Commissioners Date
IAttest: Attest:
ICity of Chanhassen Manager Date Carver County Administrator Date
IApproved As To Form: Approved As To Form:
IChanhassen City Attorney Date Carver County Attorney Date
I