Joint Powers Agreement with Carver County for Flashing Yellow Arrow ProjectCITY COUNCIL STAFF REPORT
Monday, May 13, 2019
Subject Approve Joint Powers Agreement with Carver County for Flashing Yellow Arrow Project
Section CONSENT AGENDA Item No: D.6.
Prepared By Jason Wedel, Dir. of Public Works/City
Engineer
File No:
PROPOSED MOTION
“The City Council approves the Joint Powers Agreement with Carver County for the TH 212 Interchanges Flashing
Yellow Arrow Retrofit Traffic Signal Project.”
Approval requires a Simple Majority Vote of members present.
BACKGROUND
Carver County is moving forward with retrofitting the existing traffic signals at several of the interchanges along the TH
212 corridor including the intersections with County Highways 17, 101 and 18 in Chanhassen to include flashing
yellow turn arrows.
Per the city's current agreements with Carver County, the city is responsible for the cost of signal improvements based
on ownership of the various legs of the intersection. For example, if a signal were installed at the intersection of a
county road and a city road, there would be two county legs and two city legs to the intersection. The cost of the
signal would therefore be split 50/50 between the county and the city.
Similarly, the proposed flashing yellow turn arrow project involves intersections where some of the legs are within the
county's jurisdiction and some are the city's jurisdiction, so the cost of the improvements will be apportioned
accordingly. Since the county is taking the lead on this project they will be managing and contracting the proposed
improvements and billing the city for its share of the cost. It is therefore necessary to enter into a Joint Powers
Agreement to document this cost share.
On May 7, 2019, Carver County's Board of Commissioners approved the Joint Powers Agreement with the City of
Chanhassen.
DISCUSSION
The Joint Powers Agreement with Carver County is for financial partnership on the construction of the flashing yellow
arrow improvements. The city's percentage of the cost is broken down as follows:
TH 212/CR 17 North Ramp City leg is future connection to Avienda development 25%
CITY COUNCIL STAFF REPORTMonday, May 13, 2019SubjectApprove Joint Powers Agreement with Carver County for Flashing Yellow Arrow ProjectSectionCONSENT AGENDA Item No: D.6.Prepared By Jason Wedel, Dir. of Public Works/CityEngineer File No: PROPOSED MOTION“The City Council approves the Joint Powers Agreement with Carver County for the TH 212 Interchanges FlashingYellow Arrow Retrofit Traffic Signal Project.”Approval requires a Simple Majority Vote of members present.BACKGROUNDCarver County is moving forward with retrofitting the existing traffic signals at several of the interchanges along the TH212 corridor including the intersections with County Highways 17, 101 and 18 in Chanhassen to include flashingyellow turn arrows.Per the city's current agreements with Carver County, the city is responsible for the cost of signal improvements basedon ownership of the various legs of the intersection. For example, if a signal were installed at the intersection of acounty road and a city road, there would be two county legs and two city legs to the intersection. The cost of thesignal would therefore be split 50/50 between the county and the city.Similarly, the proposed flashing yellow turn arrow project involves intersections where some of the legs are within thecounty's jurisdiction and some are the city's jurisdiction, so the cost of the improvements will be apportionedaccordingly. Since the county is taking the lead on this project they will be managing and contracting the proposedimprovements and billing the city for its share of the cost. It is therefore necessary to enter into a Joint PowersAgreement to document this cost share.On May 7, 2019, Carver County's Board of Commissioners approved the Joint Powers Agreement with the City ofChanhassen.DISCUSSIONThe Joint Powers Agreement with Carver County is for financial partnership on the construction of the flashing yellowarrow improvements. The city's percentage of the cost is broken down as follows:
TH 212/CR 17 North Ramp City leg is future connection to Avienda development 25%
CR 101/CR 18 (Lyman Boulevard)East leg of Lyman Boulevard is in city jurisdiction 25%
TH 212/CR 101 South Ramp West leg is Crossroads Boulevard which is city jurisdiction 25%
TH 212/CR 101 North Ramp West leg is Lake Susan Drive which is city jurisdiction 25%
The project costs include design, construction plan preparation and construction management.
Estimated Cost Participation
MnDOT $133,584.00
Carver County $202,087.00
City of Chanhassen $ 49,122.00
Total $384,793.00
The City of Chanhassen did not have this project programmed in the 2019 CIP. It is proposed to use MSA funds for
the city's portion of the project cost that are MSA eligible which equates to $21,702.50. The remaining balance of
$27,419.50 ($49,122.00 $21,702.50) will be covered utilizing funds from the Revolving Assessment Construction
Fund.
Schedule
The county anticipates bidding and constructing this project yet this year.
ATTACHMENTS:
JPA with Carver County for FYA Project
JOINT POWERS AGREEMENT FOR CONSTRUCTION ON
COUNTY STATE AID HIGHWAYS/COUNTY HIGHWAYS 17, 101, and 18
RELATED TO TH 212 INTERCHANGES FLASHING YELLOW ARROW
RETROFIT TRAFFIC SIGNAL PROJECT
THIS AGREEMENT FOR CONSTRUCTION ON COUNTY STATE AID
HIGHWAYS/COUNTY HIGHWAYS 17, 101, and 18, ("Agreement") is made and entered into
as of the 7th day of May, 2019, 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 Highways/County Highways 17 (CSAH 17), 101 (CSAH
101), and 18 (CSAH 18) are duly dedicated public streets, located within the corporate limits of
City; and
WHEREAS, the Parties desire to undertake a joint project involving traffic signal retrofits
to flashing yellow arrow operations, and other incidentals, and to share the costs of such
improvements 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
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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 II
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: Jason Wedel, Public Works Director / 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.
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(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.
(i) Contractor: the person or entity that is awarded the contract for the construction of
the Project.
(j) County: Carver County.
(k) County Representative: Lyndon Robjent, P.E., Carver County Engineer.
(l) 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: retrofit of traffic signals for flashing yellow operation and other
incidentals.
(n) Project Costs: all costs for and associated with the construction of the Project,
including Concept and Design Phase Professional Services Costs, Construction
Phase Professional Services Costs, and City/County Costs.
(o) Project Location: traffic signal locations at CSAH 17 (Powers Boulevard) at TH
212 interchange south ramp, CSAH 17 (Powers Boulevard) at TH 212 interchange
north ramp, CSAH 101 (Great Plains Boulevard) at CSAH 18 (Lyman Boulevard),
CSAH 101 (Great Plains Boulevard) at TH 212 interchange south ramp, and
CSAH 101 (Great Plains Boulevard) at TH 212 interchange north ramp, 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
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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
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 - Allocation of Duties.
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 - Allocation of Duties.
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 Project Completion and Final Acceptance. Highway
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maintenance 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 prior
maintenance agreements between the Parties and the State of Minnesota for the TH 212 interchange
traffic signals and the Carver County Cost Participation Policy, Maintenance Section, as shown in
Exhibit D for the CSAH 101 (Great Plains Boulevard)/CSAH 18 (Lyman Boulevard) traffic signal
unless superseded by a separate highway maintenance agreement between the Parties. The City
will perform all maintenance responsibilities on all streets under the City jurisdiction.
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 - Project Cost Sharing.
(b) The Concept and Design Phase Professional Services Costs for all items shall be
divided between the Parties as follows:
See attached Exhibit C - Project Cost Sharing.
(c) The Construction Phase Professional Services Costs for all items shall be divided
between the Parties as follows:
See attached Exhibit C - Project Cost Sharing.
(d) All other costs including, but not limited to City/County Costs, shall be allocated
between the Parties as follows:
See attached Exhibit C - Project Cost Sharing.
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.
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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
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 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: Jason Wedel, PE
Public Works Director / City Engineer
City of Chanhassen
7700 Market Blvd.
PO Box 147
Chanhassen, MN 55317
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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
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.
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Section 5.09. 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
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. 1a.
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
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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,
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
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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 nati onal
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
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.
Any Party may withdraw from this Agreement with or without cause by providing thirty (30)
days’ prior written notice to the other Parties herein. Only the governing bodies of the
Participating Parties have authority to act pursuant to this provision of the Agreement.
Each Party to this agreement reserves the right to withdraw from and cancel this agreement
within 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 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.
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.
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IN TESTIMONY WHEREOF, The Parties hereto have caused these presents to be executed.
City of Chanhassen, Minnesota
Mayor
Date:
Attest:
Administrator
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:
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Carver County Public Works/GIS
TH 212 Interchanges Flashing Yellow ArrowRetrofit Traffic Signal Project
This map was created using a compilation of information and data from various City, County, State, and Federal offices. It is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein.1 inch = 5,000 feet
Exhibit A
Public Works Division11360 Hwy 212, Suite 1Cologne, MN 55322(952) 466-5200Created: 4/25/2019
Signal Locations
US 212 Signal Improvements 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.
US 212 Signal Improvements 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:
1. The County and City agree to split costs by jurisdictional leg of each respective
intersection included in the Project within the City limits. For the cost sharing purposes
of this agreement, the TH 212 ramp legs of intersections will be considered County legs.
2. The County has secured Local Partnership Program (LPP) funding from the State of
Minnesota for this Project. The cost participation table shown at the end of Exhibit C
represents an estimate of the total costs for the project and serves as a guide to how these
costs will be split by the parties as well as how the LPP funds will be allocated to the TH
212 ramp legs of the respective intersections.
3. The City agrees to pay for all City requested improvements that are included in the
Project, that the County does not deem necessary to carry out the scope of the Project.
The Engineers Estimate and any Change Orders will show such City requested
improvement costs for City approval.
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:
1. All 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:
1. All 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. All 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.
2. The City agrees to not bill County for direct and indirect internal staff costs for the
Project in order to support the City administration of the project for City.
Page 1 of 5 Carver County Highway Cost Participation Policy – Adopted March 19, 2013
CCaarrvveerr CCoouunnttyy
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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 Ponds/Treatment
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 Population 6
Concrete Curb and Gutter and Pedestrian
Ramps
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
Exhibit D
Page 2 of 5 Carver County Highway Cost Participation Policy – Adopted March 19, 2013
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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 inspectio n
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.
Exhibit D
Page 3 of 5 Carver County Highway Cost Participation Policy – Adopted March 19, 2013
CCaarrvveerr CCoouunnttyy
DDiivviissiioonn ooff PPuubblliicc WWoorrkkss
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 R/W Same %age as R/W
Clearing and Grubbing 100% 0%
Grading
100% for through lane and
shoulder (up to 44’ wide).
50% for additional through
lanes and median.
100% for county rd. to
county rd. turn lanes.
0% for through lane and
shoulder (up to 44’ wide).
50% for additional through
lanes and median.
100% for city st. to county
rd. turn lanes and county
rd. to city st. turn lanes
2
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
Basins %age of Contributing Flow %age of Contributing Flow 4
Culverts 100% 0%
Concrete Sidewalk 0% 100%
Concrete Curb and Gutter and Pedestrian
Ramps 0% 100%
Concrete Median and Median Curb 50%50%5
Concrete Driveway Entrances (Apron) 100% 0% 6
Municipal Utility Adjustment or
Construction 0% 100%
Roundabouts
By Leg if meets warrants by
opening.
By Leg up to 50% if meets
warrants for design year.
0% if does not meet
warrants for design year.
By Leg if meets warrants by
opening.
By Leg but no less than
50% if meets warrants for
design year.
100% if does not meet
warrants for design year.
Traffic Signals
By Leg if meets warrants by
opening.
50% of County Legs if
meets warrants for design
year.
0% if does not meet
warrants for design year.
By Leg if meets warrants by
opening.
100% of City legs plus 50%
of County Legs if meets
warrants for design year.
100% if does not meet
warrants for design year.
7
Intersection Lighting By Leg By Leg 8
Street Lighting 0% 100% 9
Bridges By Negotiation By Negotiation
Exhibit D
Page 4 of 5 Carver County Highway Cost Participation Policy – Adopted March 19, 2013
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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 Pro-rated by const. share
Other items By Negotiation By Negotiation
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.
Exhibit D
Page 5 of 5 Carver County Highway Cost Participation Policy – Adopted March 19, 2013
CCaarrvveerr CCoouunnttyy
DDiivviissiioonn ooff PPuubblliicc WWoorrkkss
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.
Exhibit D