E-6. Approve JPA with Carver County for CSAH 61 Improvements from CSAH 101 to Charlson Rd in EP0 E_�
CITY OF MEMORANDUM
CHANHASSFN
TO: Todd Gerhardt, City Manager
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317 FROM: Paul Oehme, Director of Public Works /City Engineer L? -
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
PROPOSED MOTION
"The City Council approves Joint Powers Agreement with Carver County for
CSAH 61 (Flying Cloud Drive) Improvements from CSAH 101 to Charlson
Road in Eden Prairie."
City Council approval requires a simple majority vote of the City Council
present.
BACKGROUND
On April 8, 2013, staff updated the City Council on the Hennepin County project at
the worksession.
On February 24, 2014, staff updated the City Council on the project's progress at the
worksession.
On March 10, 2014, the City Council approved Municipal Consent for the project
with Hennepin County.
Public Works
DATE: December 14, 2015 01�
Administration
This segment of highway was previous called TH 212 and was owned and maintained
Phone: 952.227.1100
SUBJ: Approve Joint Powers Agreement with Carver County for CSAH 61
Fax: 952.227.1110
(Flying Cloud Drive) Improvements from CSAH 101 to Charlson
Building Inspections
Road in Eden Prairie — Project No. 13 -09
Phone: 952.227.1180
of the corridor from MnDOT in September, 2010 which is referred to as a turnback or
Fax: 952.227.1190
jurisdictional transfer.
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
PROPOSED MOTION
"The City Council approves Joint Powers Agreement with Carver County for
CSAH 61 (Flying Cloud Drive) Improvements from CSAH 101 to Charlson
Road in Eden Prairie."
City Council approval requires a simple majority vote of the City Council
present.
BACKGROUND
On April 8, 2013, staff updated the City Council on the Hennepin County project at
the worksession.
On February 24, 2014, staff updated the City Council on the project's progress at the
worksession.
On March 10, 2014, the City Council approved Municipal Consent for the project
with Hennepin County.
Public Works
7901 Park Place
This segment of highway was previous called TH 212 and was owned and maintained
Phone: 952.227.1300
by the Minnesota Department of Transportation (MnDOT) prior to November, 2009.
Fax: 952.227.1310
After the new TH 212 opened, the corridor was designated CSAH 61 and Hennepin
County took over maintenance of the corridor. Hennepin County took full ownership
Senior Center
of the corridor from MnDOT in September, 2010 which is referred to as a turnback or
Phone: 952.227.1125
Fax: 952.227.1110
jurisdictional transfer.
Website
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
CSAH 61/Flying Cloud Drive (Henn. Cty.)
Improvements
December 14, 2015
Page 2
MnDOT provides funding for jurisdictional transfer projects to fix deficiencies. Turnback funding is
limited so reconstruction projects usually are completed many years after the transfer is complete.
HENNEPIN COUNTY CSAH 61 PROJECT
The Hennepin County project proposes
the reconstruction of about 3.7 miles of
CSAH 61 /Flying Cloud Drive from
Highway 101 in Chanhassen to Charlson '
Road in Eden Prairie. About .8 miles of
Carver
the project is in Carver County/
Chanhassen. The project will construct a
new two -lane roadway with shoulders, a
continuous left turn lane and right turn
lanes at key intersections. A bituminous
multi -use trail is planned the entire length
of the project on the north side of the
roadway. The project goal is to replace
the existing pavement, improve safety,
and raise a portion of the road out of the
100 -year flood plain. It will be necessary to construct retaining walls in order to plan for the wider
roadway and trail improvements. Some areas of the road have deep muck areas that cannot be cost -
effectively removed. Surcharging the roadway and using light weight fill is not a good option in
high water table areas. Land bridges will be constructed with piling to span the poor soil areas. The
west end of the project will drain to the large regional treatment pond being constructed with the
Highway 101 Minnesota River Bridge project. Other ponds will be constructed in the city Eden
Prairie.
City staff and Carver and Hennepin
County representatives have met with
property owners along this project
corridor. Hennepin County needs to
raise the profile of the road west of the
Moon Valley property about 6' for the
road to be out of the Minnesota River
flood plain. Retaining walls will need
to be constructed adjacent to the Moon
Valley property. The maximum height
of the retaining wall by Moon Valley
will be 16' tall. The highest wall on
the project will be 25' tall in the city of
Eden Prairie.
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Todd Gerhardt
CSAH 611171ying Cloud Drive (Henn. Cty.)
Improvements
December 14, 2015
Page 3
FUNDING
The section of CSAH 61 in Hennepin County is programmed for turnback funding. The proposed 3-
lane design is all eligible for turnback funding. The portion of this project in Carver County is not
turnback funded by the State at this time so Carver County will likely have to fund this section
upfront with a future turnback payback agreement.
The City will not fund the roadway; however trail improvements are not turnback - funding eligible so
the City will have to participate in funding the trail improvements. Based on the current Carver
County cost -share policy, the trail improvements in Carver County will need to be paid for by the
City since this trail corridor is not on the County's Trail Master Plan. The estimated trail cost to the
City is $150,000 which is proposed to be paid for by Park Dedication funds. Also, some sanitary
sewer and water improvements should be installed at with the roadway by Moon Valley property.
City staff is working with a property owner to see if they want to advance the installation of sewer
and water improvements with the roadway project. The retaining wall in front of the Moon Valley
property requires the sewer and water pipes to be constructed in the roadway. The roadway in front
of the Moon Valley property would need to be removed to install the sewer and water at a later date
which would add significantly to the cost of the future development of the property. The sewer and
water improvements are proposed to be assessed to the property owner if installed with the road
proj ect.
CITY APPROVALS
As with all joint County roadway projects that require cost participations between agencies, Carver
County is requesting the City of Chanhassen enter into a joint powers agreement. This agreement
codifies the responsibilities and cost allocations and services for the project. The City attorney has
reviewed the agreement.
SCHEDULE
The project construction is anticipated to take over two years to complete. Full road closure will be
needed for thru traffic for the entire project duration. Traffic staging and detour plans have not been
drafted at this time.
Below is a preliminary schedule for the project:
Bid Opening Fall, 2016
Hennepin County Project Construction Start Spring, 2017
Hennepin County Project Substantially Complete Summer 2019
Attachment: Joint Powers Agreement
CIP Page
Resolution
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JOINT POWERS AGREEMENT FOR CONSTRUCTION ON
COUNTY STATE AID HIGHWAY /COUNTY HIGHWAY 61
THIS AGREEMENT FOR CONSTRUCTION ON COUNTY STATE AID
HIGHWAY /COUNTY HIGHWAY 61, ( "Agreement ") is made and entered into as of the
day of , 20_, by and between the City of Chanhassen ( "City "), and the
County of Carver ( "County ") (each sometimes hereinafter called "PartyParty" and both sometimes
collectively 'Parties ") the Parties being governmental and political subdivisions of the State of
Minnesota.
WITNESSETH:
WHEREAS, each of the Parties has the authority to construct, maintain, repair, and improve
public streets within their respective jurisdictions; and
WHEREAS, County State Aid Highway /County Highway 61 (CSAH/CH 61) is a duly
dedicated public street, located within the corporate limits of City; and
WHEREAS, the Parties desire to undertake a joint project involving bridge construction,
retaining walls, grading, aggregate base, pavement surfacing, curb & gutter, sidewalk, trail, storm
sewer, and other incidentals, and to share the costs of such improvement as herein provided; and
WHEREAS, the authority of the Parties to enter into this Agreement is provided by
Minnesota Statutes, Section 471.59.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the
other contained in this Agreement and other good and valuable consideration, receipt of which is
hereby acknowledged, the Parties hereto do covenant and agree as follows:
ARTICLE I
THE AGREEMENT
Section 1.01. Purposes. The purpose of this Agreement is to define the rights and
obligations of the City and the County with respect to the Project and the sharing of the costs of the
Project.
Section 1.02. Cooperation. The City and the County shall cooperate and use their best
efforts to ensure the most expeditious implementation of the various provisions of this Agreement.
The Parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely
manner. The Project will be open to inspection of duly authorized representatives of the Parties at
any time during normal business hours and as often as reasonably deemed necessary.
Section 1.03. Relationship To Other Contracts. The County and City are cooperatively
undertaking this project with Hennepin County and the City of Eden Prairie. The County has
entered into a joint powers agreement with Hennepin County for the completion of the project. The
City and the County acknowledge that Contract Documents will be entered into by Hennepin
County on behalf of the Parties with respect to the Project, and that Change Orders or other
documents may be entered into by Hennepin County on behalf of the Parties, with respect to the
Project. This Agreement shall be construed so as to give the fullest effect to its provisions,
consistent with the provisions of the other contracts and documents referred to above.
Section 1.04. Term. The term of this Agreement shall be for a period commencing on the
date hereof and terminating on the date the Project is completed, accepted by the Parties and all
amounts owed by one PartyParty to the other have been paid in full.
Section 1.05. Recitals. The above recitals are true and correct as of the date hereof and
constitute a part of this Agreement.
Section 1.06 Enabling Authority. Minnesota Statutes, Section 471.59, authorizes two
or more governmental units to jointly exercise any power common to the contracting Parties.
ARTICLE H
DEFINITIONS
Section 2.01. Definitions. In this Agreement the following terms shall have the following
meanings unless the context requires otherwise:
(a) Agreement: this Agreement, as it may be amended, supplemented, or restated from
time to time.
(b) Change Order: a written order, change order or supplemental agreement to the
Contractor approved in writing, which may be electronic, by both Parties hereto and
signed by the County Representative on behalf of the Parties authorizing a change in
the work included within the Contract Documents and/or an adjustment in the price
and/or an adjustment in the construction schedule, issued after execution of the
contract for the construction of the Project.
(c) City: the City of Chanhassen.
(d) City Representative: Paul Oehme, City Engineer.
(e) City /County Costs: the direct and indirect costs of City and County employees
performing services on behalf of the Project, and other incidentals.
(f) Concept and Design Phase Professional Services Costs: the fees and costs for all
professional services performed in concept and design phase activities for the
Project.
(g) Construction Phase Professional Services Costs: the fees and costs for all
professional services performed in construction phase activities for the Project.
(h) Contract Documents: drawings; Engineers Estimate; specifications; general and
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special conditions; addenda, if any; Change Orders; and the construction contract for
the Project; approved by the Parties, or their respective representatives.
(i) Contractor: the person or entity that is awarded the contract for the construction of
the Project.
0) County: Carver County.
(k) County Representative: Lyndon Robjent, P.E., Carver County Engineer.
(1) Engineers Estimate: the professional engineer's opinion of probable cost prior to
the bidding of the Project, which encompasses all projected costs tabulated for each
Party.
(m) Project: retaining walls, grading, aggregate base, pavement surfacing, curb &
gutter, sidewalk, trail, storm sewer, and other incidentals.
(n) Project Costs: all costs for and associated with the construction of the Project,
excluding Concept and Design Phase Professional Services Costs, Construction
Phase Professional Services Costs, and City /County Costs.
(o) Project Location: CSAH/CH 61 from CSAH 101 to the Hennepin County line, as
generally depicted in Exhibit A.
(p) Uncontrollable Circumstances: the occurrence or non - occurrence of acts or events
beyond the reasonable control of the Party relying thereon, and not the result of
willful or negligent action or inaction of the Party claiming the event as an
Uncontrollable Circumstance, that materially adversely affects the performance of
the Party claiming the event as an Uncontrollable Circumstance including but not
limited to the following:
(1) Acts of God, including, but not limited to floods, ice storms, blizzards,
tornadoes, landslides, lighting and earthquakes (but not including reasonably
anticipated weather conditions for the geographic area), riots insurrections,
war or civil disorder affecting the performance of work, blockades, power or
other utility failure, and fires or explosions.
(2) The adoption of or change in any federal, state, or local laws, rules,
regulations, ordinances, permits, or licenses, or changes in the interpretation
of such laws, rules, regulations, ordinances, permits, or licenses by a court or
public agency having appropriate jurisdiction after the date of the execution
of this Agreement.
(3) A suspension, termination, interruption, denial, or failure of renewal of any
permit, license, consent, authorization, or approval essential to the
construction of the Project.
Page 13
(4) Orders and/or judgment of any federal, state, or local court, administrative
agency, or governmental body, provided, however, that the contesting in
good faith by such Party of any such order and/or judgment shall not
constitute or be construed to constitute a willful or negligent action or
inaction of such Party.
(5) Strikes or other such labor disputes shall not be considered an Uncontrollable
Circumstance, unless such strike or labor dispute involves persons with
whom the Parties have no employment relationship and the Parties, or either
of them, cannot, using best efforts, obtain substitute performance.
ARTICLE III
ALLOCATION OF DUTIES
Section 3.01. Concept and Design Phase Activities. Concept and design phase activities,
including, but not limited to, field surveys, right of way plats, design, engineering, right of way
acquisition, and other matters, shall be completed by the Parties as follows:
See attached Exhibit B.
Section 3.02. Construction Phase Activities. Construction phase activities, including, but
not limited to, the bid process, preparation of contract documents, awarding of contract, construction
inspection and surveying and other matters, shall be completed by the Parties as follows:
See attached Exhibit B.
Section 3.03. Contract Award. The Contract Documents shall be approved in writing,
which may be electronic, by the Parties prior to the solicitation of bids. In accordance with the
applicable provisions of Minnesota Statutes, County, through Hennepin County, will cause bids to
be received by it for the construction of the Project and, subject to approval by the City if the low
responsible bidder is more than the Engineers Estimate, shall award the contract for the construction
of the Project to the lowest responsible bidder.
Section 3.04. Project Construction. Subject to Uncontrollable Circumstances, the Parties
shall cause the Project to be constructed in accordance with the Contract Documents. The City shall
have the right to review and approve of any proposed changes to the plans and specifications as they
relate to City's cost participation prior to the work being performed.
Section 3.05. Maintenance Upon Project Completion and Final Acceptance. Highway
maintenance, including but not limited to, snow and ice control, patching, crack sealing, seal
coating, pavement rehabilitation, shouldering, striping and sign replacement, and other similar
matters, shall be completed by the Parties, upon project completion and final acceptance of the
Project, as follows:
The Parties agree to perform highway maintenance responsibilities that are consistent with the
Carver County Cost Participation Policy, Maintenance Section, as shown in Exhibit D, unless
Page 14
superseded by a separate highway maintenance agreement between the Parties.
ARTICLE IV
PROJECT COST SHARING
Section 4.01. Allocation.
(a) The Project Costs for all items shall be divided between the City and County as follows:
See attached Exhibit C.
(b) The Concept and Design Phase Professional Services Costs for all items shall be divided
between the Parties as follows:
See attached Exhibit C.
(c) The Construction Phase Professional Services Costs for all items shall be divided
between the Parties as follows:
See attached Exhibit C.
(d) All other costs including, but not limited to City /County Costs, shall be allocated
between the Parties as follows:
See attached Exhibit C.
Section 4.02. Payments to Contractor. The County, through Hennepin County, shall
make partial progress payments to the Contractor and, upon approval of both Parties hereto, the final
payment to the Contractor in accordance with the Contract Documents. The City Engineer, or
designated city representative, shall have the right to approve of any change orders or supplemental
agreements prepared by the County, through Hennepin County, that affect the City's share of the
construction cost.
The City further agrees that it will participate in the settlement of any claim from the County's
contractor for the Project that involve delays attributable to unreasonable delays in approval by the
City for plan or specification changes deemed necessary by the County Engineer or staff. The
amount of the City's participation in any such claim shall be commensurate with the percentage of
delay directly attributable to City's actions.
Section 4.03. Adjustments and Reconciliation. To the extent that the actual value of any
item included in an invoice cannot be accurately determined at the time of submission of the invoice,
such item shall be invoiced on an estimated basis and an adjustment shall be made to reflect the
difference between such estimated amount and the actual amount of such item on the next invoice
after determination of the actual amount.
Prior to final acceptance of the Project, the designated county representative shall provide City with
a reconciliation of all costs for the Project and the respective contributions of the Parties for the
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review and approval of the Parties.
Section 4.04. Exclusive Responsibility. All aspects of application for State of Minnesota
for State and Federal Funds and the grant thereof by the State, are the exclusive responsibility of the
County, including but not limited to the investment, expenditure, and allocation of such funds. It is
specifically agreed that any interest on the investment of any such funds is the sole property of the
County, to use as the County shall see fit.
Section 4.05. Payment to County. The City agrees to reimburse the County for costs
incurred, pursuant to Section 4.01. Unless previously deposited as provided herein, the City is
responsible to pay these monies to the County within thirty (30) days of being invoiced for costs
incurred or services performed. Costs will be invoiced at the completion of each project phase and
upon final acceptance of the Project by the Parties, unless an alternate schedule is mutually agreed
upon in writing by the authorized representatives of the Parties.
After an award by County to the successful bidder on the Project, County shall invoice the City to
deposit with the County ninety five (95) percent of the estimated City's share in the Project
construction costs.
Section 4.06. Payment to City. The County agrees to reimburse the City for costs incurred,
pursuant to Section 4.01. The County is responsible to pay these monies to the City within thirty
(30) days of being invoiced for costs incurred or services performed. Costs will be invoiced at the
completion of each project phase and upon final acceptance of the project by the Parties, unless an
alternate schedule is mutually agreed upon in writing by the authorized representatives of the Parties.
ARTICLE V
GENERAL PROVISIONS
Section 5.01. Notices. All notices or communications required or permitted pursuant to this
Agreement shall be either hand delivered or mailed to City and County, certified mail, return- receipt
requested, at the following address:
City: Paul Oehme, PE
City Engineer
City of Chanhassen
7700 Market Blvd.
PO Box 147
Chanhassen, MN 55317
County: Lyndon Robjent, PE
County Engineer
Carver County Public Works
11360 Hwy 212 West, Suite
Cologne, MN 55322
Either Party may change its address or authorized representative by written notice delivered to the
Page 16
other Party pursuant to this Section 5.01.
Section 5.02. Counterparts. This Agreement may be executed in more than one
counterpart, each of which shall be deemed to be an original but all of which taken together shall be
deemed a single instrument.
Section 5.03. Survival of Terms, Representations and Warranties. The representations,
warranties, covenants, and agreements of the Parties under this Agreement, and the remedies of
either Party for the breach of such representations, warranties, covenants, and agreements by the
other Party shall survive the execution and termination of this Agreement. The terms of Sections
3.05, 5.14, 5.15, 5.16 and 5.17 shall survive the expiration, termination or withdrawal from this
Agreement.
Section 5.04. Non - Assignability. Neither the City nor the County shall assign any interest
in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or
novation, without the prior written consent of the other Party. Such consent shall not be
unreasonably withheld.
Section 5.05. Alteration. 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. Any
alteration, variation, modification or waiver of the provisions of the Agreement shall be valid only
after it has been reduced to writing and duly signed by all Parties.
Section 5.06. Waiver. The waiver of any of the rights and/or remedies arising under the
terms of this Agreement on any one occasion by any Party hereto shall not constitute a waiver or any
rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement.
The rights and remedies provided or referred to under the terms of this Agreement are cumulative
and not mutually exclusive.
Section 5.07. Severability. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held
to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such
decision shall not affect the remaining portions of this Agreement.
Section 5.08. Interpretation According to Minnesota Law. The Laws of the State of
Minnesota shall apply to this Agreement.
Section 5.9. Final Payment. Before final payment is made to the Contractor, the
Contractor shall provide a certificate of compliance from the Commissioner of Revenue certifying
that the Contractor and any out -of -state subcontractors have complied with the provisions of
Minnesota Statutes, Section 290.92.
Section 5.10. Headings. The headings to the various sections of this Agreement are
inserted only for convenience of reference and are not intended, nor shall they be construed, to
Page 17
modify, define, limit, or expand the intent of the Parties as expressed in this Agreement.
Section 5.11. Further Actions. The Parties agree to execute such further documents and
take such further actions as may reasonably be required or expedient to carry out the provisions and
intentions of this Agreement, or any agreement or document relating hereto or entered into in
connection herewith.
Section 5.12. Parties in Interest. This Agreement shall be binding upon and inure solely to
the benefit of the Parties hereto and their permitted assigns, and nothing in this Agreement, express
or implied, is intended to confer upon any other person any rights or remedies of any nature under or
by reason of this Agreement.
Section 5.13. Employees. It is further agreed that any and all full -time employees of
County and all other employees of said County engaged in the performance of any work or
services required or provided for herein to be performed by the County shall be considered
employees of County only and not of City and that any and all claims that may or might arise
under Workman'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 County employees while so engaged on any of the work or services
provided to be rendered herein shall be the sole obligation and responsibility of County.
It is further agreed that any and all full -time employees of City and all other employees of said
City engaged in the performance of any work or services required or provided for herein to be
performed by City shall be considered employees of City only and not of County and that any
and all claims that may or might arise under Workman'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 which so
engaged on any of the work or services to be rendered herein shall be the sole obligation and
responsibility of City.
Section 5.14. Indemnification. The Parties' total liability under this Agreement shall be
governed by Minn. Statutes, Section 471.59, Subd. 1 a.
Each Party agrees that it will be responsible for the acts or omissions of its officials, agents, and
employees, and the results thereof, in carrying out the terms of this Agreement, to the extent
authorized by law and shall not be responsible for the acts /omissions of the other Party and the
results thereof. For purposes of determining total liability for damages, the participating
governmental units are considered to be a single governmental unit, the total liability of which
shall not exceed the limits for a single governmental unit as provided in Minn. Statutes, Section
466.04, Subd. 1.
Each Party agrees to defend, hold harmless, and indemnify the other Party, its officials, agents,
and employees, from any liability, loss, or damages the other Party may suffer or incur as the
result of demands, claims, judgments, or cost arising out of or caused by the indemnifying
Party's negligence in the performance of its respective obligations under this Agreement. This
provision shall not be construed nor operate as a waiver of any applicable limitation of liability,
Page 18
defenses, immunities, or exceptions by statute or common law.
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, Subd. la(a); 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.
The Parties of this Agreement are not liable for the acts or omissions of the other participants to
this Agreement except to the extent to which they have agreed in writing to be responsible for
acts or omissions of the other Parties.
Section 5.15. Records — Availability and Access
A. Pursuant to Minnesota Statutes, Section 16C.05, Subd. 5, 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 City and involve transactions relating to this Agreement.
City agrees to maintain these records for a period of six years from the date of
termination of this Agreement.
B. Pursuant to Minnesota Statutes, Section 16C.05, Subd. 5, the County agrees that the City,
the State Auditor, or any of their duly authorized representatives at any time during
normal business hours and as often as they may reasonably deem necessary, shall have
access to and the right to examine, audit, excerpt, and transcribe any books, documents,
papers, records, etc., which are pertinent to the accounting practices and procedures of
the County and involve transactions relating to this Agreement.
County agrees to maintain these records for a period of six years from the date of
termination of this Agreement.
Section 5.16. Data Practices. 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.
Section 5.17. 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.
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Section 5.18. Default and Withdrawal. 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 below.
Each Party to this agreement reserves the right to withdraw from and cancel this agreement
within 35 days from the opening of bids for the project in the event either or both Parties
consider any or all bids unsatisfactory or if an insufficient amount turnback funding is allocated
to the project by the Minnesota Department of Transportation; the withdrawal from or
cancellation of the agreement to be accomplished by either or both Parties within 35 days of
opening of bids by serving a written notice thereof upon the other, unless this right is waived by
both Parties in writing.
Section 5.19. Third Party, 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.
Page 110
IN TESTIMONY WHEREOF, The Parties hereto have caused these presents to be executed.
City of Chanhassen, Minnesota
County of Carver, Minnesota
Mayor County Board Chair
Date: Date:
Attest: Attest:
Administrator /Clerk
Date:
Approved As To Form:
County Administrator
Date:
Approved As To Form:
Attorney County Attorney
Date: Date:
Page 111
Exhibit A
CSAH 61 Reconstruction Project Location
This map was created using a compilation of Public Works Division
information and data from various City, County, Pro 1 ect Location 11360 Hwy 212, Suite 1
State, and Federal offices. It is not a surveyed or x� Cologne, MN 55322
legally recorded map and is intended to be used
as a reference. Carver County is not responsible 1 inch = 1,000 feet C 1RV' rR 952) 466 -5200
for any inaccuracies contained herein. COUN'T'Y
Created: 10/28/2014
CSAH 61 Reconstruction - Flood Mitigation Project
Exhibit B — Allocation of Duties
Concept and Desian Phase Activities
County, or Hennepin County on behalf of County, will complete all concept and design phase
activities of the Project and procure necessary Concept and Design Phase Professional Services.
Construction Phase Activities
County, or Hennepin County on behalf of County, will complete all construction phase activities
of the Project and procure necessary Construction Phase Professional Services, except that City
will provide for the construction inspection services for all City utilities constructed with the
Project.
CSAH 61 Reconstruction - Flood Mitigation Project
Exhibit C — Proiect Cost Sharing
It is anticipated that a majority of the costs for the entire project will be reimbursed by the State
of Minnesota Department of Transportation with County Turnback Funds. All project cost
sharing referred to in this agreement relates to work in Carver County only. The County and
City agree that items not specifically covered by this agreement will be cost shared by the parties
in accordance with the current version of the Carver County Cost Participation Policy, for a
Conventional Project, which is attached hereto as Exhibit D. For the remaining costs not
reimbursed by County Turnback Funds, County and City agree to cost share as follows:
Proiect Costs
The County and City agree to cost share Project Costs in accordance with the Carver County
Cost Participation Policy (Exhibit D) and augmented by the following:
1. The County and City agree to evenly split (50% County /50% City) all right of way
acquisition costs. Right of way acquisition includes all costs related to the acquisition of
property except professional services.
2. The City agrees to transfer property or grant easement rights to the County of City owned
property needed for the Project at no cost to the County.
Concept and Design Phase Professional Services Costs
The County and City agree to cost share Concept and Design Phase Professional Services Costs
in accordance with the Carver County Cost Participation Policy (Exhibit D) and augmented by
the following:
The County and City agree to evenly split (50% County /50% City) all right of way
related professional services costs.
2. All remaining professional services costs, including direct and indirect costs of Hennepin
County staff, will be split in accordance with the Carver County Cost Participation Policy
(Exhibit D) and will considered the same as engineering services.
Construction Phase Professional Services Costs
The County and City agree to cost share Construction Phase Professional Services Costs in
accordance with the Carver County Cost Participation Policy (Exhibit D) and augmented by the
following:
The County and City agree to evenly split (50% County /50% City) all right of way
related professional services costs.
2. All remaining professional services costs, including direct and indirect costs of Hennepin
County staff, will be split in accordance with the Carver County Cost Participation Policy
(Exhibit D) and will considered the same as engineering services.
Other Costs
The County and City agree to cost share Other Costs in accordance with the Carver County Cost
Participation Policy (Exhibit D) and augmented by the following:
1. The County and City agree to not bill each other for direct and indirect internal staff costs
for the Project.
Projects By Funding Source
City of Chanhassen, MN
2015 thru 2019
Project # ST -033
Project Name Reconstruct -Cty Rd 61 from TH 101 to Charlson Rd
Department
Street Improvements
Contact
Paul Oehme
Type
Improvement
Useful Life
34,250,000
Category
Streets/Highways
Account #1 Account #3 Priority n/a
Account #2 Account #4
Description Total Project Cost: $34,250,000
Hennepin County, in coordination with MnDOT, Carver County and the cities of Eden Prairie and Chanhassen, is preparing for the reconstruction
of Flying Cloud Drive (CSAH 61) between TH 101 and Charlson Road. This section of Flying Cloud Drive (CSAH 61) was a turn back from the
State of Minnesota in 2009 and was previously known as TH 212. The project is in the early stages of the project development process and
construction is anticipated in mid 2015. The City's contribution to the project is for trail improvements in Chanhassen to connect to the Eden
Prairie trail system.
Justification
* Pavement is in poor condition and needs replacement
* Improve safety
* Minimize transportation disruptions caused by seasonal flooding of the Minnesota River
* MnDOT is transferrine the hiehwav to the county for future operation and maintenance
Expenditures
2015 2016 2017
2018 2019 Total
Construction
34,250,000
34,250,000
Total
34,250,000
34,250,000
Funding Sources
2015 2016 2017
2018 2019 Total
Other Agency Contribution
34,000,000
34,000,000
Park Dedication Fund
150,000
150,000
Sewer Utility Fund
50,000
50,000
Water Utility Fund
50,000
50,000
Total
34,250,000
34,250,000
Budget Impact/Other
The City will be responsible for operation and maintenance of the segment of trail within the community.
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