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E-11. Approve JPA with Carver County for Powers Blvd and Pleasant View Rd Interesection ImpCITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.2271100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.i160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.2271120 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 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chan hassen. ru n. us MEMORANDUM TO: Todd Gerhardt, City Manager 0 FROM: Paul Oehme, Director of Public Works /City Engineer 1 DATE: December 14, 2015 E"-Ji SUBJ: Approve Joint Powers Agreement with Carver County for Powers Boulevard and Pleasant View Road Intersection Improvements PWO53K PROPOSED MOTION "The City Council approves Joint Powers Agreement with Carver County for Powers Boulevard and Pleasant View Road Intersection Improvements." City Council approval requires a simple majority vote of the City Council present. DISCUSSION Carver County is planning to make improvements to the intersection of Powers Boulevard, CSAH 17, and Pleasant View Road next year. Over the past few years, the intersection has seen an increase in northbound vehicles leaving the roadway hitting the guardrail north of Pleasant View Road or going over the retaining wall and down the raven during times when the Powers Boulevard is wet or slippery. Currently, the roadway is crowned in the middle of Powers Boulevard. The County's plan is to regrade the curve at the intersection of Pleasant View Road so it is super elevated. Super elevation is the raising of the outer edge of the road along a curve in order to counteract the effect of centrifugal force acts on the vehicle. Super elevated curves are also sometimes termed as banking. The outer east edge of Powers Boulevard at the horizontal curve will be raised to create the banking. This curve will be created throughout the length of horizontal curve to reduce the effect of centrifugal force on the vehicle. Carver County is planning to fund the improvements on Powers Boulevard and Pleasant View Road. However, the trail that is adjacent to Powers Boulevard will need to be raised. The County is asking the City to participate in the cost for the trail improvements per the Carver County Cost Share Policy. Also, a stormwater pipe will need to be replaced that is part of the trail system. City crews will need to move a hydrant at the intersection prior to construction start. The estimated cost to the City for the trail improvements is $37,555. The city attorney has reviewed the Joint Powers Agreement. Attachments: Joint Powers Agreement Map Resolution CIP g: \eng \pCbllc \pw0mipowCrns blvtl p�easan t view intei idmnpJj,T$��gdd elppvi(Iq fPoTDes p Owdoc JOINT POWERS AGREEMENT FOR CONSTRUCTION ON COUNTY STATE AID HIGHWAY /COUNTY HIGHWAY 17 THIS AGREEMENT FOR CONSTRUCTION ON COUNTY STATE AID HIGHWAY /COUNTY HIGHWAY 17, ( "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 'Party" 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 17 (CSAH/CH 17 is a duly dedicated public street, located within the corporate limits of City; and WHEREAS, the Parties desire to undertake a joint project involving 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 City and the County acknowledge that Contract Documents will be entered into by the County on behalf of the Parties with respect to the Project, and that Change Orders or other documents may be entered into by the 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 Party 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 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. (1) 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 special conditions; addenda, if any; Change Orders; and the construction contract for the Project; approved by the Parties, or their respective representatives. Page 12 (i) Contractor: the person or entity that is awarded the contract for the construction of the Project. Q) 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) Proiect 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) Proiect Location: CSAH/CH 17 from 500 feet south of Pleasantview Road to 500 feet north of Pleasamview Road, 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. (4) Orders and/or judgment of any federal, state, or local court, administrative agency, or governmental body, provided, however, that the contesting in Page 13 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 Desien 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 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 Proiect 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 superseded by a separate highway maintenance agreement between the Parties. ARTICLE IV Page 14 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 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 designated City Representative shall have the right to approve of any Change Orders prepared by the 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. Adiustments 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 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 Page 15 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 Citv. 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 1 Cologne, MN 55322 Either Party may change its address or authorized representative by written notice delivered to the 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 Page 16 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 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 Page 17 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. la. 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 Parry 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, 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 Page 18 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. 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 Page 19 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; the withdrawal form 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 Mayor Date: Attest: Administrator /Clerk Date: Approved As To Form: Attorney Date: County of Carver, Minnesota County Board Chair Date: Attest: County Administrator Date: Approved As To Form: County Attorney Date: Page III Exhibit A CSAH 17 & Pleasantview Road Intersection Improvement Project Location MM 001" ' End of Project - cv vi 00 Ir • ti I 1'F �F'�X, p� �3�,� � �.,t 'rteh. yya k °a'p x� '�T EdS t View Rd an t.. �. +r .'4 Ir N M � 4 / be Y J. °nshfre Dr ' }� Beginning of Project , A Pre This map was created using a compilation of Public Works Division information and data from various City, County, Project Location 11360 Hwy 212, Suite 1 State, and Federal offices. It is not a surveyed or Cologne, MN 55322 legally recorded map and is intended to be used —_ g as a reference. Carver County is not responsible 1 inch = 175 feet (952) 466 -5200 CARVER for any inaccuracies contained herein. COUNTY Created: 3/31/2015 CSAH 17 & Pleasantview Road Intersection Improvement Project Exhibit B — Allocation of Duties Concept and Design Phase Activities 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 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 17 & Pleasantview Road Intersection Improvement Project Exhibit C — Project Cost Sharing 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. County and City agree to cost share as follows: Project 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: 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 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 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 evenly split (50% County /50% City) all right of way related County direct and indirect costs of staff costs. 2. All remaining County direct and indirect costs of staff and other incidental costs will be split with the City in accordance with the Carver County Cost Participation Policy (Exhibit D) and will considered the same as engineering services. 3. The City agrees to not bill County for direct and indirect internal staff costs for the Project in order to support the City administration and City utility inspection of the project for City. Carver County Division of Puffin 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 R/W 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 PondsfTreatment 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 Pop ulation 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 Pu6hc 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 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. 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 1n°ic6Cic Words 7 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 RAN Same %age as RAN 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% 0% 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. I 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 Public 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 by Pro -rated by const. share Other items By Negotiation By 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 1Pu6Czc 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 electronic /specialty 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 15+00 16 +DD ADDITIONAL SHOULDER rtt -4'! FOR PULL OFF / 10A,p0 CSAH 17 EXISTING / \ PROPOSED STORM MANHOLE - RIGHT OF WAY / �SDNNECT TO EXISTING CULVERTS EXISTING EDGE OF CROWN TURN LANE 12 B 2' CLEAR �I I I I ZONE TVP. Vim'- RIES '�3_ • j 2.7 __ - -- MILL FULL RECONSTRUCTION SECTION A -A STATION 16 +50 SECTION B -B STATION 17 +50 ® MILL WITH LEVELING COURSE Kimley> »Horn 0 FULL CONSTRUCTION aff OF RUNTY TRAIL CONSTRUCTION ARVER aiAmkw �.1.Y CURB AND GUTTER EDGE OF EDGE OF SALVAGE GUARDRAIL AND INSTALL AT TURN LANE PAVEMENT EXISTING CROWN *- CLEAR 12� 12' R' ZONE TYR. B' i i l 2X 97 _ VARIES 3. MILL FULL RECONSTRUCTION SECTION B -B STATION 17 +50 ® MILL WITH LEVELING COURSE Kimley> »Horn 0 FULL CONSTRUCTION aff OF RUNTY TRAIL CONSTRUCTION ARVER aiAmkw �.1.Y CURB AND GUTTER OF F SALVAGE HYDRANT 4 / INSTALL HYDRANT 2 ADJUST SANITARY / SEWER CASTING \ .tl EDGE OF LANE EXISTING CROWN Y 12 4' 2 — _______ VARI S ' FULL RECONSTRUCTION SECTION C -C STATION 19 +00 EXISTING EDGE OF CROWN TURN LANE I 12 4 12' F FULL ' RECONSTRUCTION SECTION D -D STATION 19 +75 CARVER COUNTY CSAH 17 AND PLEASANTVIEW ROAD EXISTING RIGHT OF WAY 0 5� 10 20 oTnncAL 0 15 JO 60 HORIZONTAL SCALE IN FEET 2' CLEAR R 8. ZONE REMOVE SEGMENT OF � 7y RETAINING WALL Il_ —EDGE OF BITUMINOUS 2' CLEAR ZONE TVP. SALVAGE EXISTING RAILING 1 CONSTRUCT ADDITIONAL 1 1.75' OF RETAINING WALL 1 OPTION 2 FULL SUPERELEVATION SALVAGE GUARDRAIL AND INSTALL AT EDGE OF PAVEMENT OF F SALVAGE HYDRANT 4 / INSTALL HYDRANT 2 ADJUST SANITARY / SEWER CASTING \ .tl EDGE OF LANE EXISTING CROWN Y 12 4' 2 — _______ VARI S ' FULL RECONSTRUCTION SECTION C -C STATION 19 +00 EXISTING EDGE OF CROWN TURN LANE I 12 4 12' F FULL ' RECONSTRUCTION SECTION D -D STATION 19 +75 CARVER COUNTY CSAH 17 AND PLEASANTVIEW ROAD EXISTING RIGHT OF WAY 0 5� 10 20 oTnncAL 0 15 JO 60 HORIZONTAL SCALE IN FEET 2' CLEAR R 8. ZONE REMOVE SEGMENT OF � 7y RETAINING WALL Il_ —EDGE OF BITUMINOUS 2' CLEAR ZONE TVP. SALVAGE EXISTING RAILING 1 CONSTRUCT ADDITIONAL 1 1.75' OF RETAINING WALL 1 OPTION 2 FULL SUPERELEVATION CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: December 14, 2015 RESOLUTION NO: 2015 -XX 101_118 `' M t 19 I_:3`F APPROVE JOINT POWERS AGREEMENT WITH CARVER COUNTY FOR POWERS BOULEVARD AND PLEASANT VIEW ROAD INTERSECTION IMPROVEMENTS PW053K WHEREAS, the City of Chanhassen is authorized to enter into a Joint Powers Agreement with Carver County for the purpose of improving the Powers Boulevard and Pleasant View Road Intersection; and WHEREAS, the Mayor and the City Manager are certified to execute the Agreement and any amendments to the Agreement. NOW, THEREFORE BE IT RESOLVED that the City of Chanhassen be authorized to enter into a Joint Powers Agreement for improving the Powers Boulevard and Pleasant View Road Intersection. Passed and adopted by the Chanhassen City Council this 14`h day of December, 2015. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT Capital Improvement Program 2016 1hru 2020 City of Chanhassen, MN Project # ST -035 Project Name Powers Blvd/Pleasant View Rd Intersection Imp Account #1 Account #2 Account #3 Account #4 Department Street Improvements Contact Paul Oehme Type Improvement Useful Life Category Streets/Highways Priority n/a iption I Total Project Cost: $570,000 a county led project to improve safety at the intersection of Powers Blvd and Pleasant View Road. This project will construct a super d curve on Powers Blvd at this intersection. In order to construct the super elevated curve trail modifications are required, he winter months vehicles have been leaving the traveled lane and hitting the guard rail and trail railing at this intersection. Also, some have driven over the retaining wall. This project will improve safety at the intersection. Expenditures 2016 2017 2018 2019 2020 Total Construction 570,000 570,000 Total 570,000 570,000 Funding Sources 2016 2017 2018 2019 2020 Total Assessment/Revolving 70,000 70,000 Assess Fund Other Agency Contribution 500,000 500,000 Total 570,000 570,000