D-4. 2016 Mill & Overlay Project 16-05: Approve Joint Powers Agreement with City of Victoria0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
MEMORANDUM
TO: Paul Oehme, Director of Public Works/City Engineer
FROM: Alyson Fauske, Assistant City Engineer at A.&,
DATE: March 28, 2016
SUBJ: 2016 Street Rehabilitation Project No. 16-05: Approve Joint Powers
Agreement with the City of Victoria
PROPOSED MOTION
"The City Council approves the `Joint Powers Agreement, 77th Street, Cities of
Chanhassen and Victoria' for the 2016 Street Rehabilitation Project No. 16-05.
City Council approval requires a simple majority vote of the City Council present."
BACKGROUND
Park & Recreation
At the June 22, 2015 work session, staff reviewed with Council the proposed 2016 Street
Phone: 952.227.1120
Rehabilitation Project areas. Staff also discussed with the Council the need to make
Fax: 952.227.1110
improvements to more local streets than what is currently budgeted for in the Capital
Improvement Plan.
Recreation Center
2310 Coulter Boulevard
On October 26, 2015, the City Council authorized preparation of the feasibility study.
Phone: 952.227.1400
Fax: 952.227.1404
On November 18, 2015, staff held an Open House for the proposed project.
Planning &
Natural Resources
On December 14, 2015, the City Council accepted the feasibility study and ordered the
Phone: 952.227.1130
public hearing.
Fax: 952.227.1110
At the February 8, 2016 meeting, the City Council held the public hearing and authorized
Public Works
the preparation of plans and specifications.
7901 Park Place
Phone: 952.227.1300
On March 14, 2016 the city council approved the plans and specifications and authorized
Fax: 952.227.1310
the advertisement of bids.
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Website
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing forTodayand Planning for Tomorrow
Paul Oehme
2016 Street Rehabilitation Project: Approve JPA with Victoria
March 28
Page 2
DISCUSSION
The 2016 Street Rehabilitation Project includes the Trolls -Glen
neighborhood located on the north side of Highway 5 between
Minnewashta Parkway and Lake Minnewashta. The Trolls -Glen
neighborhood includes 460 feet of W. 77th Street that is within the city
of Victoria. The condition of this portion of W. 77th Street is in need of
rehabilitation.
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*=
Shaded area
represents
the City of
Victoria. �.
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a-
- - Trolls Glen
Area 11
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Staff from both municipalities agree that the project will be more cohesive and cost effective if the City
of Chanhassen takes the lead on the design, bidding and construction administration for the project and
the City of Victoria would reimburse the City of Chanhassen for this work. In order to include this into
the scope of the project, the Cities of Chanhassen and Victoria should enter into a Joint Powers
Agreement which summarizes the work to be done, responsible parties, and terms for payment.
The City of Victoria approved the Joint Powers Agreement at their March 21, 2016 meeting.
Attachments: Joint Powers Agreement
Resolution
g:\eng\pub1ic\_2016 projects\16-05 2016 street resurfacing project\20160328 approve jpa with victotia.docx
i
r
*=
Shaded area
represents
the City of
Victoria. �.
.,i
a-
- - Trolls Glen
Area 11
i =.0
i
rf
Staff from both municipalities agree that the project will be more cohesive and cost effective if the City
of Chanhassen takes the lead on the design, bidding and construction administration for the project and
the City of Victoria would reimburse the City of Chanhassen for this work. In order to include this into
the scope of the project, the Cities of Chanhassen and Victoria should enter into a Joint Powers
Agreement which summarizes the work to be done, responsible parties, and terms for payment.
The City of Victoria approved the Joint Powers Agreement at their March 21, 2016 meeting.
Attachments: Joint Powers Agreement
Resolution
g:\eng\pub1ic\_2016 projects\16-05 2016 street resurfacing project\20160328 approve jpa with victotia.docx
JOINT POWERS AGREEMENT
77TH STREET
CITIES OF CHANHASSEN AND VICTORIA
This Joint Powers Agreement (the "Agreement") is entered into this day of
'2016 by and between the City of Chanhassen ("Chanhassen") and the City of Victoria
("Victoria"), both municipal corporations under the laws of Minnesota, pursuant to the provisions
of Minnesota Statutes, Section 471.59 (the "Joint Powers Act" or "JPA").
WITNESSETH:
WHEREAS, Chanhassen and Victoria wish to provide for the improvement of 77th Street,
as hereinafter more fully described (the "Project"); and
WHEREAS, the Project will be constructed partially in Chanhassen and partially in
Victoria; and
WHEREAS, Chanhassen intends to levy special assessments against benefited properties
within its jurisdiction for some of its portion of the cost of the Project; and
WHEREAS, Victoria intends to levy special assessments against benefited properties
within its jurisdiction for some of its portion of the cost of the Project; and
WHEREAS, the JPA authorizes political subdivisions of the state to enter into agreements
for the joint exercise of powers common to each; and
WHEREAS, Minnesota Statutes, Section 412.221, Subd. 6 authorizes cities to conduct the
activities contemplated by this Agreement; and
WHEREAS, Chanhassen and Victoria wish to enter into this Agreement for the purpose
of specifying their respective obligations and responsibilities in the construction and financing of
the Project in accordance with the JPA.
NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the
parties agree as follows:
1. Purpose. The purpose of this JPA is to specify the duties and responsibilities of the
parties regarding construction and financing of the Project.
2. Description of Project. The Project will consist generally of reclaiming of selected
portions of the road and applying an overlay on 77th street from Minnewashta
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Parkway to the Victoria/Chanhassen border. The Project will also include repair of
curb and gutter.
3. Feasibility Report. Chanhassen has prepared a feasibility report for the portion of
the Project located within Chanhassen and the public improvement hearing
pursuant to Minnesota Statues 429 has been held. Victoria will prepare a
feasibility report for the portion of the Project located within Victoria. After
Victoria's feasibility study has been prepared the City of Victoria will conduct a
public improvement hearing pursuant to Minnesota Statutes, Ch. 429. If either
party does not order the project, the portion of the Project within the City of
Victoria will not proceed.
4. Design and Construction of the Project. Chanhassen shall be responsible for the
design and construction of the Project and the parties agree as follows:
a. Chanhassen shall prepare plans and specifications for the Project, obtain all
necessary permits, and solicit bids for the Project. The plans and
specification and bids are subject to the approval by the Victoria City
Engineer.
b. Chanhassen shall administer the contract and provide construction
observation.
C. Victoria grants to Chanhassen the right to use the portion of the right-of-
way for 77th Street located in Victoria for purposes of completion of the
Project. Victoria agrees to cooperate with Chanhassen in the construction
and completion of the Project.
d. Victoria and Chanhassen agree to notify and coordinate access and other
matters with the owners of affected properties regarding the construction
schedule of the Project.
e. For purposes of compliance with the Minnesota Wetlands Conservation
Act, Victoria hereby confers on Chanhassen local government unit authority
for wetlands impacted by the Project.
5. Cost. Project costs, including Chanhassen staff time, the cost of preparation of plans
and specifications, construction observation, engineering and consultant fees,
contract administration, street construction and curb replacement will be allocated
to the City where the work is located. Upon Project Completion or termination,
Chanhassen shall invoice Victoria for its share of the cost of the Project and
Victoria will pay Chanhassen within 30 days of receipt of an invoice.
6. Liability and Indemnity. Each party shall be liable for the acts or omissions of its
respective officers, agents and employees. Each party agrees to indemnify and hold
harmless the other from any claims, losses, costs, expenses or damages, including
reasonable attorney fees, resulting from the acts or omissions of the respective
officers, agents or employees of the indemnifying party to the extent such acts or
2
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omissions relate to activities conducted by the indemnifying party under this
Agreement or in the construction of the Project. Nothing herein shall be deemed a
waiver of any statutory or common law limitations on liability available to either
of the parties. For the purposes of determining total liability, the parties shall be
considered a single governmental unit as specified in Minnesota Statutes, Sections
471.59, subd. 1 a(a), and their total liability shall not exceed the limits for a single
governmental unit as specified in Minnesota Statutes, Section 466.04.
7. Notices. For the purpose of delivery of any notice required by this Agreement,
notice shall be effective if delivered certified or registered United States mail, return
receipt requested, postage prepaid or hand delivered to:
a. As to Chanhassen: City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
Attn: City Manager
b. As to Victoria: City of Victoria
7951 Rose
Victoria, MN 55386
Attn: City Manager
or at such other address as either party may notify the other in accordance with this
Section 7.
8. Entire Agreement. This Agreement contains the entire agreement between the
parties and supersedes all oral agreements and representations between the parties
relating to the subject matter thereof. Any alteration, variation, modification or
amendment of this Agreement shall be valid only if in writing and executed by both
parties.
9. Data Practices. All documents regarding the Project shall be handled in accordance
with the Minnesota Data Practices Act. Pursuant to Minnesota Statutes, Section
16C.05, subd. 5, any books, records, documents, and accounting procedures and
practices relevant to this Agreement are subject to examination by the other party
and either the Legislative Auditor or the State Auditor as appropriate.
10. Conflict of Interest. Each party, to the best of its respective knowledge, represents
and agrees that no member, official or employee shall have any personal interest,
direct or indirect, in this Agreement or the Project nor shall any member, official or
employee participate in any decision relating to this Agreement or the Project which
affects his or her personal financial interests or the interest of any corporation,
partnership or association in which he or she is, directly or indirectly, interested.
11. Titles of Sections. The titles of sections of this Agreement are inserted for
convenience of reference only and shall be disregarded in constructing or
interpreting any of the provisions hereof.
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12. Governing Law. This Agreement shall be interpreted under the laws of Minnesota.
13. Counterparts. This Agreement may be executed in any number of counterparts,
each one of which will constitute one and the same instrument.
14. No Waiver. In the event that any provision contained in this Agreement should be
breached by either party and thereafter waived by the other party, such waiver shall
be limited to the particular breach so waived and shall not be deemed to waive any
other concurrent, previous or subsequent breach hereunder.
IN WITNESS WHEREOF, Chanhassen and Victoria have caused this Agreement to be
executed on their behalves on the date first written above.
CITY OF CHANHASSEN
0
And:
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
CITY OF VICTORIA
Tom O'Connor, Mayor
And:
Laurie Hokkanen, City Manager
4
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: March 28, 2016 RESOLUTION NO: 2016 -XX
MOTION BY: SECONDED BY:
APPROVE JOINT POWERS AGREEMENT WITH THE CITY OF VICTORIA
FOR IMPROVING A PORTION OF W. 77TH STREET IN VICTORIA IN CONJUNCTION
WITH CITY OF CHANHASSEN STREET REHABILITATION PROJECT NO. 16-05
WHEREAS, the Trolls -Glen neighborhood includes 460 feet of W. 77th Street that lies
within the city of Victoria; and
WHEREAS, staff from both Chanhassen and Victoria agree that the project will be more
cohesive and cost effective if the City of Chanhassen takes the lead on the design, bidding and
construction administration for the project. The City of Victoria would reimburse the City of
Chanhassen for these services; and
WHEREAS, in order to include this work in the project, the Cities of Chanhassen and
Victoria shall enter into a Joint Powers Agreement (JPA) which summarizes the work to be done,
responsible parties, and terms for payment; 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 with the City of Victoria for improving a portion of W. 77th
Street that lies within the city of Victoria.
Passed and adopted by the Chanhassen City Council this 28th day of March, 2016.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: March 28, 2016 RESOLUTION NO: 2016 -XX
MOTION BY:
SECONDED BY:
APPROVE JOINT POWERS AGREEMENT WITH THE CITY OF VICTORIA
FOR IMPROVING A PORTION OF W. 77TH STREET IN VICTORIA IN CONJUNCTION
WITH CITY OF CHANHASSEN STREET REHABILITATION PROJECT NO. 16-05
WHEREAS, the Trolls -Glen neighborhood includes 460 feet of W. 77th Street that lies
within the city of Victoria; and
WHEREAS, staff from both Chanhassen and Victoria agree that the project will be more
cohesive and cost effective if the City of Chanhassen takes the lead on the design, bidding and
construction administration for the project. The City of Victoria would reimburse the City of
Chanhassen for these services; and
WHEREAS, in order to include this work in the project, the Cities of Chanhassen and
Victoria shall enter into a Joint Powers Agreement (JPA) which summarizes the work to be done,
responsible parties, and terms for payment; 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 with the City of Victoria for improving a portion of W. 77th
Street that lies within the city of Victoria.
Passed and adopted by the Chanhassen City Council this 281h day of March, 2016.
ATTEST:
Todd Gerhardt, City Manager
Denny Laufenburger, Mayor
YES NO ABSENT