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Approve JPA with Carver County for CSAH 61 Improvements from CSAH 101 to Charlson Rd in EP0 E_� CITY OF MEMORANDUM CHANHASSFN TO: Todd Gerhardt, City Manager 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 FROM: Paul Oehme, Director of Public Works /City Engineer L? - Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 PROPOSED MOTION "The City Council approves Joint Powers Agreement with Carver County for CSAH 61 (Flying Cloud Drive) Improvements from CSAH 101 to Charlson Road in Eden Prairie." City Council approval requires a simple majority vote of the City Council present. BACKGROUND On April 8, 2013, staff updated the City Council on the Hennepin County project at the worksession. On February 24, 2014, staff updated the City Council on the project's progress at the worksession. On March 10, 2014, the City Council approved Municipal Consent for the project with Hennepin County. Public Works DATE: December 14, 2015 01� Administration This segment of highway was previous called TH 212 and was owned and maintained Phone: 952.227.1100 SUBJ: Approve Joint Powers Agreement with Carver County for CSAH 61 Fax: 952.227.1110 (Flying Cloud Drive) Improvements from CSAH 101 to Charlson Building Inspections Road in Eden Prairie — Project No. 13 -09 Phone: 952.227.1180 of the corridor from MnDOT in September, 2010 which is referred to as a turnback or Fax: 952.227.1190 jurisdictional transfer. Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 PROPOSED MOTION "The City Council approves Joint Powers Agreement with Carver County for CSAH 61 (Flying Cloud Drive) Improvements from CSAH 101 to Charlson Road in Eden Prairie." City Council approval requires a simple majority vote of the City Council present. BACKGROUND On April 8, 2013, staff updated the City Council on the Hennepin County project at the worksession. On February 24, 2014, staff updated the City Council on the project's progress at the worksession. On March 10, 2014, the City Council approved Municipal Consent for the project with Hennepin County. Public Works 7901 Park Place This segment of highway was previous called TH 212 and was owned and maintained Phone: 952.227.1300 by the Minnesota Department of Transportation (MnDOT) prior to November, 2009. Fax: 952.227.1310 After the new TH 212 opened, the corridor was designated CSAH 61 and Hennepin County took over maintenance of the corridor. Hennepin County took full ownership Senior Center of the corridor from MnDOT in September, 2010 which is referred to as a turnback or Phone: 952.227.1125 Fax: 952.227.1110 jurisdictional transfer. Website www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt CSAH 61/Flying Cloud Drive (Henn. Cty.) Improvements December 14, 2015 Page 2 MnDOT provides funding for jurisdictional transfer projects to fix deficiencies. Turnback funding is limited so reconstruction projects usually are completed many years after the transfer is complete. HENNEPIN COUNTY CSAH 61 PROJECT The Hennepin County project proposes the reconstruction of about 3.7 miles of CSAH 61 /Flying Cloud Drive from Highway 101 in Chanhassen to Charlson ' Road in Eden Prairie. About .8 miles of Carver the project is in Carver County/ Chanhassen. The project will construct a new two -lane roadway with shoulders, a continuous left turn lane and right turn lanes at key intersections. A bituminous multi -use trail is planned the entire length of the project on the north side of the roadway. The project goal is to replace the existing pavement, improve safety, and raise a portion of the road out of the 100 -year flood plain. It will be necessary to construct retaining walls in order to plan for the wider roadway and trail improvements. Some areas of the road have deep muck areas that cannot be cost - effectively removed. Surcharging the roadway and using light weight fill is not a good option in high water table areas. Land bridges will be constructed with piling to span the poor soil areas. The west end of the project will drain to the large regional treatment pond being constructed with the Highway 101 Minnesota River Bridge project. Other ponds will be constructed in the city Eden Prairie. City staff and Carver and Hennepin County representatives have met with property owners along this project corridor. Hennepin County needs to raise the profile of the road west of the Moon Valley property about 6' for the road to be out of the Minnesota River flood plain. Retaining walls will need to be constructed adjacent to the Moon Valley property. The maximum height of the retaining wall by Moon Valley will be 16' tall. The highest wall on the project will be 25' tall in the city of Eden Prairie. g: \eng \public \_2013 projects \13 -09 henn co 61 improvementsUgd 121415 cc apry jpa.docx Todd Gerhardt CSAH 611171ying Cloud Drive (Henn. Cty.) Improvements December 14, 2015 Page 3 FUNDING The section of CSAH 61 in Hennepin County is programmed for turnback funding. The proposed 3- lane design is all eligible for turnback funding. The portion of this project in Carver County is not turnback funded by the State at this time so Carver County will likely have to fund this section upfront with a future turnback payback agreement. The City will not fund the roadway; however trail improvements are not turnback - funding eligible so the City will have to participate in funding the trail improvements. Based on the current Carver County cost -share policy, the trail improvements in Carver County will need to be paid for by the City since this trail corridor is not on the County's Trail Master Plan. The estimated trail cost to the City is $150,000 which is proposed to be paid for by Park Dedication funds. Also, some sanitary sewer and water improvements should be installed at with the roadway by Moon Valley property. City staff is working with a property owner to see if they want to advance the installation of sewer and water improvements with the roadway project. The retaining wall in front of the Moon Valley property requires the sewer and water pipes to be constructed in the roadway. The roadway in front of the Moon Valley property would need to be removed to install the sewer and water at a later date which would add significantly to the cost of the future development of the property. The sewer and water improvements are proposed to be assessed to the property owner if installed with the road proj ect. CITY APPROVALS As with all joint County roadway projects that require cost participations between agencies, Carver County is requesting the City of Chanhassen enter into a joint powers agreement. This agreement codifies the responsibilities and cost allocations and services for the project. The City attorney has reviewed the agreement. SCHEDULE The project construction is anticipated to take over two years to complete. Full road closure will be needed for thru traffic for the entire project duration. Traffic staging and detour plans have not been drafted at this time. Below is a preliminary schedule for the project: Bid Opening Fall, 2016 Hennepin County Project Construction Start Spring, 2017 Hennepin County Project Substantially Complete Summer 2019 Attachment: Joint Powers Agreement CIP Page Resolution g: \eng \pub1ic \_2013 projects \13 -09 henn co 61 improvementsftgd 121415 cc apry jpa.docx JOINT POWERS AGREEMENT FOR CONSTRUCTION ON COUNTY STATE AID HIGHWAY /COUNTY HIGHWAY 61 THIS AGREEMENT FOR CONSTRUCTION ON COUNTY STATE AID HIGHWAY /COUNTY HIGHWAY 61, ( "Agreement ") is made and entered into as of the day of , 20_, by and between the City of Chanhassen ( "City "), and the County of Carver ( "County ") (each sometimes hereinafter called "PartyParty" and both sometimes collectively 'Parties ") the Parties being governmental and political subdivisions of the State of Minnesota. WITNESSETH: WHEREAS, each of the Parties has the authority to construct, maintain, repair, and improve public streets within their respective jurisdictions; and WHEREAS, County State Aid Highway /County Highway 61 (CSAH/CH 61) is a duly dedicated public street, located within the corporate limits of City; and WHEREAS, the Parties desire to undertake a joint project involving bridge construction, retaining walls, grading, aggregate base, pavement surfacing, curb & gutter, sidewalk, trail, storm sewer, and other incidentals, and to share the costs of such improvement as herein provided; and WHEREAS, the authority of the Parties to enter into this Agreement is provided by Minnesota Statutes, Section 471.59. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the Parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01. Purposes. The purpose of this Agreement is to define the rights and obligations of the City and the County with respect to the Project and the sharing of the costs of the Project. Section 1.02. Cooperation. The City and the County shall cooperate and use their best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The Parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner. The Project will be open to inspection of duly authorized representatives of the Parties at any time during normal business hours and as often as reasonably deemed necessary. Section 1.03. Relationship To Other Contracts. The County and City are cooperatively undertaking this project with Hennepin County and the City of Eden Prairie. The County has entered into a joint powers agreement with Hennepin County for the completion of the project. The City and the County acknowledge that Contract Documents will be entered into by Hennepin County on behalf of the Parties with respect to the Project, and that Change Orders or other documents may be entered into by Hennepin 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 PartyParty 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) LijU the City of Chanhassen. (d) City Representative: Paul Oehme, City Engineer. (e) City /County Costs: the direct and indirect costs of City and County employees performing services on behalf of the Project, and other incidentals. (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 Page 12 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. 0) County: Carver County. (k) County Representative: Lyndon Robjent, P.E., Carver County Engineer. (1) Engineers Estimate: the professional engineer's opinion of probable cost prior to the bidding of the Project, which encompasses all projected costs tabulated for each Parry. (m) Project: retaining walls, grading, aggregate base, pavement surfacing, curb & gutter, sidewalk, trail, storm sewer, and other incidentals. (n) Proiect Costs: all costs for and associated with the construction of the Project, excluding Concept and Design Phase Professional Services Costs, Construction Phase Professional Services Costs, and City /County Costs. (o) Proiect Location: CSAH/CH 61 from CSAH 101 to the Hennepin County line, as generally depicted in Exhibit A. (p) Uncontrollable Circumstances: the occurrence or non - occurrence of acts or events beyond the reasonable control of the Party relying thereon, and not the result of willful or negligent action or inaction of the Party claiming the event as an Uncontrollable Circumstance, that materially adversely affects the performance of the Party claiming the event as an Uncontrollable Circumstance including but not limited to the following: (1) Acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lighting and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failure, and fires or explosions. (2) The adoption of or change in any federal, state, or local laws, rules, regulations, ordinances, permits, or licenses, or changes in the interpretation of such laws, rules, regulations, ordinances, permits, or licenses by a court or public agency having appropriate jurisdiction after the date of the execution of this Agreement. (3) A suspension, termination, interruption, denial, or failure of renewal of any permit, license, consent, authorization, or approval essential to the construction of the Project. Page 13 (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. Section 3.02. Construction Phase Activities. Construction phase activities, including, but not limited to, the bid process, preparation of contract documents, awarding of contract, construction inspection and surveying and other matters, shall be completed by the Parties as follows: See attached Exhibit B. Section 3.03. Contract Award. The Contract Documents shall be approved in writing, which may be electronic, by the Parties prior to the solicitation of bids. In accordance with the applicable provisions of Minnesota Statutes, County, through Hennepin 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. Proiect 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, including but not limited to, snow and ice control, patching, crack sealing, seal coating, pavement rehabilitation, shouldering, striping and sign replacement, and other similar matters, shall be completed by the Parties, upon project completion and final acceptance of the Project, as follows: The Parties agree to perform highway maintenance responsibilities that are consistent with the Carver County Cost Participation Policy, Maintenance Section, as shown in Exhibit D, unless Page 14 superseded by a separate highway maintenance agreement between the Parties. 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. (b) The Concept and Design Phase Professional Services Costs for all items shall be divided between the Parties as follows: See attached Exhibit C. (c) The Construction Phase Professional Services Costs for all items shall be divided between the Parties as follows: See attached Exhibit C. (d) All other costs including, but not limited to City/County Costs, shall be allocated between the Parties as follows: See attached Exhibit C. Section 4.02. Payments to Contractor. The County, through Hennepin 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 City Engineer, or designated city representative, shall have the right to approve of any change orders or supplemental agreements prepared by the County, through Hennepin 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 Page 15 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 construction 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: Paul Oehme, PE City Engineer City of Chanhassen 7700 Market Blvd. PO Box 147 Chanhassen, MN 55317 County: Lyndon Robjent, PE County Engineer Carver County Public Works 11360 Hwy 212 West, Suite 1 Cologne, MN 55322 Either Party may change its address or authorized representative by written notice delivered to the Page 16 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. Section 5.9. Final Payment. Before final payment is made to the Contractor, the Contractor shall provide a certificate of compliance from the Commissioner of Revenue certifying that the Contractor and any out -of -state subcontractors have complied with the provisions of Minnesota Statutes, Section 290.92. Section 5.10. Headings. The headings to the various sections of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed, to Page 17 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 cant' 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. EmMovees. 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. 1 a. 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, Page 18 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 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. Page 19 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. Each Party to this agreement reserves the right to withdraw from and cancel this agreement within 35 days from the opening of bids for the project in the event either or both Parties consider any or all bids unsatisfactory or if an insufficient amount turnback funding is allocated to the project by the Minnesota Department of Transportation; the withdrawal from or cancellation of the agreement to be accomplished by either or both Parties within 35 days of opening of bids by serving a written notice thereof upon the other, unless this right is waived by both Parties in writing. Section 5.19. Third Party. This Agreement does not create any rights, claims or benefits inuring to any person that is not a Party hereto nor create or establish any third Party beneficiary. Page I10 IN TESTIMONY WHEREOF, The Parties hereto have caused these presents to be executed. City of Chanhassen, Minnesota <4 XX f- 4 Mayor Date: ✓ d Attest: i X8ministrator /Clerk Date: 14'�t --l41- /S Approved As To Form: Attorney Date: County of rver, Minn e ota County B d Chair Date: Att l County Administrat r Date: � 2' b4 Approved As To Form: Q A County Attorney Date: Page I i l Exhibit A CSAH 61 Reconstruction Project Location This map was created using a compilation of Public Works Division information and data from various City, County, �� Project Location 11360 Hwy 212, Suite 1 State, and Federal offices. It is not a surveyed or C116 Cologne, MN 55322 legally recorded map and is intended to be used as a reference. Carver County is not responsible 1 Inch = 1,000 feet CARVER (952) 466 -5200 for any inaccuracies contained herein. COUNTY Created: 10/28/2014 CSAH 61 Reconstruction - Flood Mitigation Project Exhibit B — Allocation of Duties Concept and Desian Phase Activities County, or Hennepin County on behalf of 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, or Hennepin County on behalf of County, will complete all construction phase activities of the Project and procure necessary Construction Phase Professional Services, except that City will provide for the construction inspection services for all City utilities constructed with the Project. CSAH 61 Reconstruction - Flood Mitigation Project Exhibit C — Project Cost Sharing It is anticipated that a majority of the costs for the entire project will be reimbursed by the State of Minnesota Department of Transportation with County Turnback Funds. All project cost sharing referred to in this agreement relates to work in Carver County only. 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. For the remaining costs not reimbursed by County Turnback Funds, 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. Right of way acquisition includes all costs related to the acquisition of property except professional services. 2. The City agrees to transfer property or grant easement rights to the County of City owned property needed for the Project at no cost to the County. Concept and Design Phase Professional Services Costs The County and City agree to cost share Concept and Design Phase Professional Services Costs in accordance with the Carver County Cost Participation Policy (Exhibit D) and augmented by the following: The County and City agree to evenly split (50% County /50% City) all right of way related professional services costs. 2. All remaining professional services costs, including direct and indirect costs of Hennepin County staff, will be split in accordance with the Carver County Cost Participation Policy (Exhibit D) and will considered the same as engineering services. Construction Phase Professional Services Costs The County and City agree to cost share Construction Phase Professional Services Costs in accordance with the Carver County Cost Participation Policy (Exhibit D) and augmented by the following: The County and City agree to evenly split (50% County /50% City) all right of way related professional services costs. 2. All remaining professional services costs, including direct and indirect costs of Hennepin County staff, 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 not bill each other for direct and indirect internal staff costs for the Project. Projects By Funding Source City of Chanhassen, MN 2015 thru 2019 Project # ST -033 Project Name Reconstruct -Cty Rd 61 from TH 101 to Charlson Rd Department Street Improvements Contact Paul Oehme Type Improvement Useful Life 34,250,000 Category Streets/Highways Account #1 Account #3 Priority n/a Account #2 Account #4 Description Total Project Cost: $34,250,000 Hennepin County, in coordination with MnDOT, Carver County and the cities of Eden Prairie and Chanhassen, is preparing for the reconstruction of Flying Cloud Drive (CSAH 61) between TH 101 and Charlson Road. This section of Flying Cloud Drive (CSAH 61) was a turn back from the State of Minnesota in 2009 and was previously known as TH 212. The project is in the early stages of the project development process and construction is anticipated in mid 2015. The City's contribution to the project is for trail improvements in Chanhassen to connect to the Eden Prairie trail system. Justification * Pavement is in poor condition and needs replacement * Improve safety * Minimize transportation disruptions caused by seasonal flooding of the Minnesota River * MnDOT is transferrine the hiehwav to the county for future operation and maintenance Expenditures 2015 2016 2017 2018 2019 Total Construction 34,250,000 34,250,000 Total 34,250,000 34,250,000 Funding Sources 2015 2016 2017 2018 2019 Total Other Agency Contribution 34,000,000 34,000,000 Park Dedication Fund 150,000 150,000 Sewer Utility Fund 50,000 50,000 Water Utility Fund 50,000 50,000 Total 34,250,000 34,250,000 Budget Impact/Other The City will be responsible for operation and maintenance of the segment of trail within the community. ,Y 91 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: December 14, 2015 RESOLUTION NO: 2015 -78 MOTION BY: Tiornhom SECONDED BY: McDonald APPROVE JOINT POWERS AGREEMENT WITH CARVER COUNTY FOR CSAH 61 (FLYING CLOUD DRIVE) IMPROVEMENTS FROM CSAH 101 TO CHARLSON ROAD IN EDEN PRAIRIE PROJECT NO. 13-09 WHEREAS, the City of Chanhassen is authorized to enter into a Joint Powers Agreement with Carver County for the purpose of improving CSAH 61 (Flying Cloud Drive) from CSAH 101 to Charlson Road in Eden Prairie; and WHEREAS, the Mayor and the City Manager are certified to execute the Agreement and any amendments to the Agreement. NOW, THEREFORE BE IT RESOLVED that the City of Chanhassen be authorized to enter into a Joint Powers Agreement for improving CSAH 61 (Flying Cloud Drive) from CSAH 101 to Charlson Road in Eden Prairie. Passed and adopted by the Chanhassen City Council this 14th day of December, 2015. ATTEST: odd Gerhardt, City Manager YES NO Laufenburger None Campion McDonald Ryan Tjornhom 4. )o,4, t 4 00Y/XW�!V= Denny La nburger, ayor ABSENT None