Carver County Joint Powers Agreement for Trail Construction 05-22-2023
JOINT POWERS AGREEMENT FOR CONSTRUCTION ON
COUNTY STATE AID HIGHWAY 17 (CSAH 17) and COUNTY STATE AID
HIGHWAY 101 (CSAH 101).
THIS AGREEMENT FOR CONSTRUCTION ON COUNTY STATE AID
HIGHWAY 17 (CSAH 17) and COUNTY STATE AID HIGHWAY 101 (CSAH 101)
("Agreement") shall be in effect from the date of execution and shall continue until the completion
of the Project, 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 17 (CSAH 17) and County State Aid Highway
101 (CSAH 101) are duly dedicated public streets, located within the corporate limits of City; and
WHEREAS, the Parties desire to undertake a joint project involving grading, aggregate
base, pavement surfacing, curb & gutter, sidewalk, 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
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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: Charles Howley, Public Works Director
(e) City/County Costs: the direct and indirect costs of City and County employees
performing services on behalf of the Project, and other incidentals.
(f) Concept and Design Phase Professional Services Costs: the fees and costs for all
professional services performed in concept and design phase activities for the
Project.
(g) Construction Phase Professional Services Costs: the fees and costs for all
professional services performed in construction phase activities for the Project.
(h) Contract Documents: drawings; Engineers Estimate; specifications; general and
special conditions; addenda, if any; Change Orders; and the construction contract for
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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: grading, aggregate base, concrete and bituminous surfacing, curb & gutter,
sidewalk, storm sewer, and other incidentals.
(n) Project Costs: all costs for and associated with the construction of the Project,
excluding Concept and Design Phase Professional Services Costs, Construction
Phase Professional Services Costs, and City/County Costs.
(o) Project Location: CSAH 17 from CSAH 14 to Trunk Highway 5, as generally
depicted in Exhibit A-1. CSAH 101 from W 86th St. to Trunk Highway 5, as
generally depicted in Exhibit A-2.
(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.
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(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 Engineer for the City’s cost share,
shall award the contract for the construction of the Project to the lowest responsible bidder.
Section 3.04. Project Construction. Subject to Uncontrollable Circumstances, the Parties
shall cause the Project to be constructed in accordance with the Contract Documents. The City shall
have the right to review and approve of any proposed changes to the plans and specifications as they
relate to City’s cost participation prior to the work being performed.
Section 3.05. Maintenance Upon Project Completion and Final Acceptance. Highway
maintenance 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. The City will
perform all maintenance responsibilities on all streets under the City jurisdiction.
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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 – Allocation of Duties
(b) The Concept and Design Phase Professional Services Costs for all items shall be
divided between the Parties as follows:
See attached Exhibit C – Allocation of Duties
(c) The Construction Phase Professional Services Costs for all items shall be divided
between the Parties as follows:
See attached Exhibit C – Allocation of Duties
(d) All other costs including, but not limited to City/County Costs, shall be allocated
between the Parties as follows:
See attached Exhibit C – Allocation of Duties
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. 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.
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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. 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.
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: Charles Howley
Public Works Director / City Engineer
City of Chanhassen
7700 Market Blvd, P.O. 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
deemed a single instrument.
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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 5.09. 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
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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
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
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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
non-defaulting Party, the non-defaulting Party may, upon written notice to the defaulting Party
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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:
City Manager
Date:
County of Carver, Minnesota
County Board Chair
Date:
Attest:
County Administrator
Date:
Approved As To Form:
County Attorney
Date:
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5/22/2023
5/22/2023
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C h a n h a s s e n
Chaska
Project Location Map
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 = 2,000 feet
Public Works Division11360 Hwy 212, Suite 1Cologne, MN 55322(952) 466-5200Created: 1/10/2023
Project Location
Beginning of Project
End of Project
Exhibit A-1
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Chanhassen
Project Location Map
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 = 1,000 feet
Public Works Division11360 Hwy 212, Suite 1Cologne, MN 55322(952) 466-5200Created: 1/10/2023
Project Location
Beginning of Project
End of Project
Exhibit A-2
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2023 Urban Overlays 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.
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2023 Urban Overlays 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 evenly split (50% County/50% City) all right of way
acquisition costs except that the City agrees to pay for all City requested right of way
acquisitions that are included in the Project, that the County does not deem necessary to
carry out the scope of the Project. 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.
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.
4. The trail work on CSAH 101 and CSAH 17 will be bid as alternates, subject to City
Engineer 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. The County and City agree to evenly split (50% County/50% City) all right of way
related professional services costs except that the City agrees to pay for all City requested
right of way acquisitions that are included in the Project, that the County does not deem
necessary to carry out the scope of the Project.
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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:
1. The County and City agree to evenly split (50% County/50% City) all right of way
related professional services costs except that the City agrees to pay for all City requested
right of way acquisitions that are included in the Project, that the County does not deem
necessary to carry out the scope of the Project.
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 except that the City agrees to pay
for all City requested right of way acquisitions that are included in the Project, that the
County does not deem necessary to carry out the scope of the Project.
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.
DocuSign Envelope ID: 75265F48-0BAE-416A-A410-385A0BCF3398
DocuSign Envelope ID: 75265F48-0BAE-416A-A410-385A0BCF3398
DocuSign Envelope ID: 75265F48-0BAE-416A-A410-385A0BCF3398
DocuSign Envelope ID: 75265F48-0BAE-416A-A410-385A0BCF3398
DocuSign Envelope ID: 75265F48-0BAE-416A-A410-385A0BCF3398
DocuSign Envelope ID: 75265F48-0BAE-416A-A410-385A0BCF3398