D-12. Approve Joint Powers Agreement with Carver County for Trail Improvements between Market Boulevard and Powers Boulevard 72 - 1Ilk
MEMORANDUM
CITY OF TO: Todd Gerhardt, City Manager a (JrA
r
CHANHASSFN FROM: Paul Oehme, Director of Public Works/City Engineer yi
7700 Market Boulevard DATE: August 22, 2016
PO Box 147
Chanhassen,MN 55317 SUBJ: Approve Joint Powers Agreement with Carver County for Trail
Improvements along TH 5 from Market Blvd. to Powers Blvd. - Project
Administration No. 16-03
Phone:952.227.1100
Fax:952.227.1110 PROPOSED MOTION
Building Inspections "The City Council approves a Joint Powers Agreement with Carver County for trail
Phone:952,227.1180 improvements along TH 5 from Market Blvd. to Powers Blvd and quote for the trail
Fax 952.227.1190 improvements to GMH Asphalt in the amount of$70,236.00, City Project No. 16-03."
Engineering City Council approval requires a simple majority vote of the City Council present.
Phone:952.227.1160
Fax:952.227.1170
DISCUSSION
Finance
Phone:952.227.1140 Carver County applied for Federal Funds in 2014 to reconstruct a segment of trail along
Fax:952227.1110 TH 5 from Powers Boulevard in Market Blvd./TH 101. The application was part of the
Park&Recreation regional solicitation for transportation projects. The County was awarded $334,381 in
Phone:952.227.1120 Federal Funding for the project for construction year 2017. This segment of trail is
Fax:952,227.1110 planned to be added on the Carver County's Master Trail Plan. The trail section is in
poor condition and should be replaced. The trail is currently 8' feet wide and is proposed
Recreation Center to be widened to 10' per current design standards.
2310 Coulter Boulevard
Phone:952.227.1400
Fax:952227.1404 This year, MnDOT made improvements to TH 5; this included the intersection of Market
Blvd./TH 101 which is in the 2014 trail project application area.
Planning&
Natural Resources City and Carver County staff concluded that the reconstruction of the remaining trail
Phone:952.227.1130 segments is not cost effective to run through the Federal process. At the time of the grant
Fax:952.227.1110 application it was estimate the construction cost for the mile-long segment of trail would
Public Works be $401,000. Per the Carver County Cost Share Agreement, the City would be
1591 Park Road responsible for 50% of the local match. Chanhassen and Carver County would have to
Phone:952.227.1300 supply the local construction match of$83,585 plus design, engineering and inspection of
Fax:952.227.1310 $78,000, for a total of$161,585. The City share of the project was estimated at
$80,792.50 if the trail project would go through the Federal process.
Senior Center
Phone:952.227.1125 City staff obtained three quotes for the trail improvements as follows:
Fax:952.227.1110
Web Site Park Construction $82,000.00
www.ci.chanhassen.mn.us GMH Asphalt $70,236.00
Meyers Contracting $115,050.00
uns\cfss\shared_d McNRA'2 IMIMPAIN-03rglglnefardiggnaes inneh 2'Zir bkgd appry th5 trail quote jpa..doc
The lowest quote was from GMH Asphalt. Per Carver County cost share policy, the
County would pay for 50% of the improvements along with any indirect cost. The City's
share of the project is there for estimated at$35,118.00. If the project moves forward the
project will be completed in the next month. GMH Asphalt has worked on other trail and
street projects for the City recently. GMH Asphalt's work has been acceptable.
The Carver County Board approved the Joint Powers Agreement on August 16, 2016.
The city attorney drafted the Agreement.
Funding for the project is proposed from Pavement Management.
Attachments: Joint Powers Agreement
CIP Sheet# ST-018
\\cfs5\cfs5\shared_data\eng\public\ 2016 projects\16-03 th 5 acceleration lanes imp\082216 bkgd appry th5 trail quote jpa..doc
JOINT POWERS AGREEMENT
between
CARVER COUNTY AND THE CITY OF CHANHASSEN
for
DESIGN AND CONSTRUCTION
of
A TRAIL BETWEEN HIGHWAY 101 AND THE TCW BRIDGE
AND BETWEEN THE TCW BRIDGE
AND POWERS BOULEVARD
THIS AGREEMENT (the "Agreement"), made and entered into by and between the City of
Chanhassen, a municipal corporation, organized under the laws of the State of Minnesota, party of
the first part, hereinafter referred to as "City", and the County of Carver, Minnesota, a municipal
corporation organized under the laws of the State of Minnesota, party of the second part, hereinafter
referred to as "County";
WITNESSETH:
WHEREAS, the County and the City have been involved in planning work and meetings relating to
the design and construction of a trail between Highway 101 and TCW bridge and between the TCW
bridge and Powers Boulevard in the City of Chanhassen (the "Project"), and
WHEREAS, it is the desire of both of the parties hereto to enter into a written document regarding
the design and construction of the trail segments, and
WHEREAS, Minnesota Statutes, Section 471.59 provides that two or more governmental units may
by Agreement jointly exercise any power common to the contracting parties.
NOW, THEREFORE, pursuant to Minnesota Statutes 471.59 and in consideration of the mutual
covenants and promises hereinafter contained, it is agreed by and between the City and the County
as follows:
Article 1
Enabling Authority
Minnesota Statutes Section 471.59 authorizes two or more governmental units to jointly exercise
any power common to the contracting parties.
Article 2
Purpose
This Agreement shall apply only to the design and construction of the trail project.
Article 3
Prosecution of Work
A. The City will:
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1) Obtain quotes and pricing for the project.
2) Act as the contracting agency for the Project in accordance with the competitive
bidding requirements of Minnesota Statutes 471.345 and 375.21.
3) Provide necessary surveying and construction inspection engineering services for the
Project.
5) Obtain concurrence from the County Engineer in the award of construction contracts
for the Project. The City shall not award the construction contract until the City
advises the County in writing of its concurrence therein.
6) Maintain the Project open to inspection by the parties duly authorized representatives.
7) Obtain the written approval of the County Engineer for any change orders or
supplemental agreements to the contract involving work in which the County is cost
participating, prior to the performance of such work.
B. City and County will share equally (50/50) the Cost of the Project. Exhibit A attached hereto
is a preliminary estimate of project costs.
C. The City is the owner of the trail and it is the obligation of the City to maintain the trail after
the Project has been completed.
E. DESIGN AND ENGINEERING COSTS: City and County will share equally (50/50) in the
cost of design, engineering and inspection costs.
F. REIMBURSEMENTS:
1) During each month of the term for the Project, the City will bill the County for its share
of the construction, engineering and inspection costs. The County will reimburse the
County within thirty (30) days for any balance due.
2) Upon completion and final acceptance of the Project and receipt of a detailed listing
of the final actual design, construction, engineering and inspection costs, the County
will reimburse the City within thirty (30) days for any balance due.
Article 4
Hold Harmless and Indemnification
A. 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 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.
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B. This Agreement to indemnify and hold harmless does not constitute a waiver by any
participant of limitations on liability provided under Minnesota States Statutes, Section 466.04
(2006) as amended.
C. 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, subdivision. la(a) (2006), as amended;
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.
D. Each party agrees to promptly notify the other participating parties if it knows or becomes
aware of any facts or allegations reasonably giving rise to actual or potential liability, claims,
causes of action, judgments, damages, losses, costs or expenses, including attorney's fees,
involving or reasonably likely to involve the other participating parties, and arising out of acts
or omissions related to this Agreement.
Article 5
Workers' Compensation
A. It is hereby understood and agreed that any and all employees of the City, the City's
contractors and subcontractors and all other persons employed, retained, contracted with or
otherwise engaged and all other persons employed by the City in the performance of the
provisions of services hereunder shall not be considered employees of the County and that
any and all claims that may or might arise under the Worker's Compensation Act of the State
of Minnesota on behalf of said employees while so engaged and any and all claims made by
third parties engaged in the performance of any of the provisions of services hereunder shall
in no way be the obligation or responsibility of the County.
B. It is hereby understood and agreed that any and all employees of the County, the County's
contractors and subcontractors and all other persons employed, retained, contracted with or
otherwise engaged by the County in the performance of the provisions of services hereunder
shall not be considered employees of the City and that any and all claims that may or might
arise under the Worker's Compensation Act of the State of Minnesota on behalf of said
employees while so engaged and any and all claims made by third parties engaged in the
performance of any of the provisions of services hereunder shall in no way be the obligation
or responsibility of the City.
C. The City and the County will each maintain workers' compensation insurance or self-
insurance coverage, covering its own employees while they are providing assistance
pursuant to this Agreement.
Article 6
Records —Availability and Access
To the extent required by Minnesota Statutes Section § 16C.05, Subd. 5 (as may be amended), the
parties agree that the other party, the State Auditor, the Legislative 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 other parties and involve transactions relating to this Agreement.
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Such materials shall be maintained and such access and rights shall be in force and effect during
the period of this Agreement and for six (6) years after its termination or cancellation.
Article 7
Data Privacy
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.
Article 8
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.
Article 9
Default and Withdrawal
A. 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 this
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 in (B) below.
B. Any party may withdraw from this Agreement prior to the award of the Contract for the Project
or after the completion of the Project with or without cause by providing thirty (30) days' prior
written notice to the other parties herein.
C. The terms of Article 4, 5, 6 and 7 shall survive the expiration, termination or withdrawal from
this Agreement.
D. Only the governing bodies of the participating parties have authority to act pursuant to this
provision of this Agreement.
E. Each party to this Agreement reserves the right to withdraw from and cancel this Agreement
within thirty (30) days from the opening of bids for the Project in the event either or both
parties consider any or all bids unsatisfactory; the withdrawal from or cancellation of the
agreement to be accomplished by either or both parties within thirty (30) days of opening of
bids by serving a written notice thereof upon the other, unless this right is waived by both
parties in writing.
F. Representatives for each of the parties to this Agreement are as listed below:
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City County/Division
Name: Paul Oehme Marty Walsh
Title: Public Works Director/City Engineer Parks Director
Address: P.O. Box 147 11360 Hwy. 212, Ste. 2
City/State: Chanhassen, MN 55317 Cologne, MN 55322
Phone: 952-227-1169 952-466-5250
E-mail: poehme@ci.chanhassen.mn.us
Article 10
Term of Agreement
This Agreement will commence upon approval of both the City and the County and the signature of
the official with authority to bind each party. This Agreement shall be in effect until such time as the
Project is completed or this Agreement is terminated pursuant to Article 9 herein.
Article 11
Merger and Modification
A. 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.
B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing as an amendment to this Agreement
and signed by the parties hereto.
C. Each party understands the contract for this Project is scheduled to be awarded in 2011. In
the event the contract for this Project is not awarded in 2011, this contract shall be subject to
renegotiation.
Article 12
Nonwaiver, Severability and Applicable Laws
A. Nothing in this Agreement shall constitute a waiver by the County of any statute of limitations
or exceptions on liability. If the County fails to enforce any provision of this Agreement, that
failure does not waive the provision or its right to enforce it.
B. Nothing in this Agreement shall constitute a waiver by the City of any statute of limitations or
exceptions on liability. If the City fails to enforce any provision of this Agreement, that failure
does not waive the provision or its right to enforce it.
C. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of
competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless
it shall substantially impair the value of the entire Agreement with respect to either party. The
parties agree to substitute for the invalid provision a valid provision that most closely
approximates the intent of the invalid provision.
D. The Laws of the State of Minnesota shall apply to this Agreement.
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Article 13
Section Headings
The section headings contained in this Agreement are for reference purposes only and shall not
affect the meaning or interpretation of this Agreement.
Article 14
Third Parties
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.
IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed.
Date: , 2016. CITY OF CHANHASSEN
By:
Denny Laufenburger, Mayor
Date: , 2016. ATTEST:
By:
Todd Gerhardt, City Manager
Date: , 2016. APPROVED AS TO FORM:
CAMPBELL KNUTSON P.A.
By:
Roger N. Knutson, City Attorney
Date: , 2016. COUNTY OF CARVER, MINNESOTA
By:
Its: County Board Chair
Date: , 2016. ATTEST:
By:
Its: County Administrator
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Date: , 2016. APPROVED AS TO FORM:
CARVER COUNTY ATTORNEY
By:
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EXHIBIT A
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■
Preliminary estimate of project construction costs:
West TH 5 Trail Section: $48,527.00
East TH 5 Trail Section: $21,699.00
Total $70,236.00
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Capital Improvement Program 2016 thru 2020 Department Street Improvements
City of Chanhassen, MN Contact Paul Oehme
Project# ST-018 Type Maintenance
Useful Life 7-10 years
Project Name Pavement Management Category Streets/Highways
Account#1 420-0000-4751 Account#3 Priority n/a
Account#2 Account#4
Description I Total Project Cost: $3,760,000
This project will provide maintenance such as crack sealing,seal-coating,pothole patching,replacement of curb and gutter and sidewalk repairs for
City streets. Also included in this project are trails and City parking lot rehabilitations. Seal-coat projects will be determined annually based on
the pavement condition index as generated by the pavement management program. The street department uses this funding source to pay for
bituminous material for annual street patching.
Justification
This will provide a centralized funding mechanism that will help reduce the effect on General Fund operating expenditures.
Prior Expenditures 2016 2017 2018 2019 2020 Total
L,135,000j Maintenance 485,000 285,000 285,000 285,000 285,000 1,625,000
Total Total 485,000 285,000 285,000 285,000 285,000 1,625,000
Prior Funding Sources 2016 2017 2018 2019 2020 Total
L2,135,000 I Street Pavement Management 100,000 100,0#0 100,000 100,000 100,000 500,000
Total Tax Levy 385,000 185,000 185,000 185,000 185,000 1,125,000
Total 485,000 285,000 285,000 285,000 285,000 1,625,000
I Budget Impact/Other
These improvements will cost effectively prolong the life of the street so major improvements such as reconstruction projects can be delayed.
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