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2016 Mill & Overlay Project 16-05: Approve Joint Powers Agreement with City of Victoria0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 MEMORANDUM TO: Paul Oehme, Director of Public Works /City Engineer FROM: Alyson Fauske, Assistant City Engineer at A.&, DATE: March 28, 2016 SUBJ: 2016 Street Rehabilitation Project No. 16 -05: Approve Joint Powers Agreement with the City of Victoria PROPOSED MOTION "The City Council approves the `Joint Powers Agreement, 77th Street, Cities of Chanhassen and Victoria' for the 2016 Street Rehabilitation Project No. 16 -05. City Council approval requires a simple majority vote of the City Council present." BACKGROUND Park & Recreation At the June 22, 2015 work session, staff reviewed with Council the proposed 2016 Street Phone: 952.227.1120 Rehabilitation Project areas. Staff also discussed with the Council the need to make Fax: 952.227.1110 improvements to more local streets than what is currently budgeted for in the Capital Improvement Plan. Recreation Center 2310 Coulter Boulevard On October 26, 2015, the City Council authorized preparation of the feasibility study. Phone: 952.227.1400 Fax: 952.227.1404 On November 18, 2015, staff held an Open House for the proposed project. Planning & Natural Resources On December 14, 2015, the City Council accepted the feasibility study and ordered the Phone: 952.227.1130 public hearing. Fax: 952.227.1110 At the February 8, 2016 meeting, the City Council held the public hearing and authorized Public Works the preparation of plans and specifications. 7901 Park Place Phone: 952.227.1300 On March 14, 2016 the city council approved the plans and specifications and authorized Fax: 952.227.1310 the advertisement of bids. Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us Chanhassen is a Community for Life - Providing forTodayand Planning for Tomorrow Paul Oehme 2016 Street Rehabilitation Project: Approve JPA with Victoria March 28 Page 2 DISCUSSION The 2016 Street Rehabilitation Project includes the Trolls -Glen neighborhood located on the north side of Highway 5 between Minnewashta Parkway and Lake Minnewashta. The Trolls -Glen neighborhood includes 460 feet of W. 77th Street that is within the city of Victoria. The condition of this portion of W. 77th Street is in need of rehabilitation. r *= Shaded area represents the City of f Victoria. �` +j` .,i a- 1, `y - - Trolls Glen Area 11 i =.0 i rf Staff from both municipalities agree that the project will be more cohesive and cost effective if the City of Chanhassen takes the lead on the design, bidding and construction administration for the project and the City of Victoria would reimburse the City of Chanhassen for this work. In order to include this into the scope of the project, the Cities of Chanhassen and Victoria should enter into a Joint Powers Agreement which summarizes the work to be done, responsible parties, and terms for payment. The City of Victoria approved the Joint Powers Agreement at their March 21, 2016 meeting. Attachments: Joint Powers Agreement Resolution g: \eng \pub1ic \_2016 projects \16 -05 2016 street resurfacing project\20160328 approve jpa with victotia.docx i r *= Shaded area represents the City of f Victoria. �` +j` .,i a- 1, `y - - Trolls Glen Area 11 i =.0 i rf Staff from both municipalities agree that the project will be more cohesive and cost effective if the City of Chanhassen takes the lead on the design, bidding and construction administration for the project and the City of Victoria would reimburse the City of Chanhassen for this work. In order to include this into the scope of the project, the Cities of Chanhassen and Victoria should enter into a Joint Powers Agreement which summarizes the work to be done, responsible parties, and terms for payment. The City of Victoria approved the Joint Powers Agreement at their March 21, 2016 meeting. Attachments: Joint Powers Agreement Resolution g: \eng \pub1ic \_2016 projects \16 -05 2016 street resurfacing project\20160328 approve jpa with victotia.docx JOINT POWERS AGREEMENT 77TH STREET CITIES OF CHANHASSEN AND VICTORIA This Joint Powers Agreement (the "Agreement ") is entered into this day of ' 2016 by and between the City of Chanhassen ( "Chanhassen ") and the City of Victoria ( "Victoria "), both municipal corporations under the laws of Minnesota, pursuant to the provisions of Minnesota Statutes, Section 471.59 (the "Joint Powers Act" or "JPA "). WITNESSETH: WHEREAS, Chanhassen and Victoria wish to provide for the improvement of 77th Street, as hereinafter more fully described (the "Project "); and WHEREAS, the Project will be constructed partially in Chanhassen and partially in Victoria; and WHEREAS, Chanhassen intends to levy special assessments against benefited properties within its jurisdiction for some of its portion of the cost of the Project; and WHEREAS, Victoria intends to levy special assessments against benefited properties within its jurisdiction for some of its portion of the cost of the Project; and WHEREAS, the JPA authorizes political subdivisions of the state to enter into agreements for the joint exercise of powers common to each; and WHEREAS, Minnesota Statutes, Section 412.221, Subd. 6 authorizes cities to conduct the activities contemplated by this Agreement; and WHEREAS, Chanhassen and Victoria wish to enter into this Agreement for the purpose of specifying their respective obligations and responsibilities in the construction and financing of the Project in accordance with the JPA. NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the parties agree as follows: 1. Purpose. The purpose of this JPA is to specify the duties and responsibilities of the parties regarding construction and financing of the Project. 2. Description of Project. The Project will consist generally of reclaiming of selected portions of the road and applying an overlay on 77th street from Minnewashta 1848420 Parkway to the Victoria/Chanhassen border. The Project will also include repair of curb and gutter. 3. Feasibility Report. Chanhassen has prepared a feasibility report for the portion of the Project located within Chanhassen and the public improvement hearing pursuant to Minnesota Statues 429 has been held. Victoria will prepare a feasibility report for the portion of the Project located within Victoria. After Victoria's feasibility study has been prepared the City of Victoria will conduct a public improvement hearing pursuant to Minnesota Statutes, Ch. 429. If either party does not order the project, the portion of the Project within the City of Victoria will not proceed. 4. Design and Construction of the Project. Chanhassen shall be responsible for the design and construction of the Project and the parties agree as follows: a. Chanhassen shall prepare plans and specifications for the Project, obtain all necessary permits, and solicit bids for the Project. The plans and specification and bids are subject to the approval by the Victoria City Engineer. b. Chanhassen shall administer the contract and provide construction observation. C. Victoria grants to Chanhassen the right to use the portion of the right -of- way for 77th Street located in Victoria for purposes of completion of the Project. Victoria agrees to cooperate with Chanhassen in the construction and completion of the Project. d. Victoria and Chanhassen agree to notify and coordinate access and other matters with the owners of affected properties regarding the construction schedule of the Project. e. For purposes of compliance with the Minnesota Wetlands Conservation Act, Victoria hereby confers on Chanhassen local government unit authority for wetlands impacted by the Project. 5. Cost. Project costs, including Chanhassen staff time, the cost of preparation of plans and specifications, construction observation, engineering and consultant fees, contract administration, street construction and curb replacement will be allocated to the City where the work is located. Upon Project Completion or termination, Chanhassen shall invoice Victoria for its share of the cost of the Project and Victoria will pay Chanhassen within 30 days of receipt of an invoice. 6. Liability and Indemnity. Each party shall be liable for the acts or omissions of its respective officers, agents and employees. Each party agrees to indemnify and hold harmless the other from any claims, losses, costs, expenses or damages, including reasonable attorney fees, resulting from the acts or omissions of the respective officers, agents or employees of the indemnifying party to the extent such acts or 2 1848420 omissions relate to activities conducted by the indemnifying party under this Agreement or in the construction of the Project. Nothing herein shall be deemed a waiver of any statutory or common law limitations on liability available to either of the parties. For the purposes of determining total liability, the parties shall be considered a single governmental unit as specified in Minnesota Statutes, Sections 471.59, subd. 1 a(a), and their total liability shall not exceed the limits for a single governmental unit as specified in Minnesota Statutes, Section 466.04. 7. Notices. For the purpose of delivery of any notice required by this Agreement, notice shall be effective if delivered certified or registered United States mail, return receipt requested, postage prepaid or hand delivered to: a. As to Chanhassen: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Attn: City Manager b. As to Victoria: City of Victoria 7951 Rose Victoria, MN 55386 Attn: City Manager or at such other address as either party may notify the other in accordance with this Section 7. 8. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all oral agreements and representations between the parties relating to the subject matter thereof. Any alteration, variation, modification or amendment of this Agreement shall be valid only if in writing and executed by both parties. 9. Data Practices. All documents regarding the Project shall be handled in accordance with the Minnesota Data Practices Act. Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, any books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the other party and either the Legislative Auditor or the State Auditor as appropriate. 10. Conflict of Interest. Each party, to the best of its respective knowledge, represents and agrees that no member, official or employee shall have any personal interest, direct or indirect, in this Agreement or the Project nor shall any member, official or employee participate in any decision relating to this Agreement or the Project which affects his or her personal financial interests or the interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested. 11. Titles of Sections. The titles of sections of this Agreement are inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of the provisions hereof. 1848420 12. Governing Law. This Agreement shall be interpreted under the laws of Minnesota. 13. Counterparts. This Agreement may be executed in any number of counterparts, each one of which will constitute one and the same instrument. 14. No Waiver. In the event that any provision contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. IN WITNESS WHEREOF, Chanhassen and Victoria have caused this Agreement to be executed on their behalves on the date first written above. CITY OF CHANHASSEN 0 And: Denny Laufenburger, Mayor Todd Gerhardt, City Manager CITY OF VICTORIA Tom O'Connor, Mayor And: Laurie Hokkanen, City Manager 4 1848420 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: March 28, 2016 RESOLUTION NO: 2016 -XX MOTION BY: SECONDED BY: APPROVE JOINT POWERS AGREEMENT WITH THE CITY OF VICTORIA FOR IMPROVING A PORTION OF W. 77TH STREET IN VICTORIA IN CONJUNCTION WITH CITY OF CHANHASSEN STREET REHABILITATION PROJECT NO. 16 -05 WHEREAS, the Trolls -Glen neighborhood includes 460 feet of W. 77th Street that lies within the city of Victoria; and WHEREAS, staff from both Chanhassen and Victoria agree that the project will be more cohesive and cost effective if the City of Chanhassen takes the lead on the design, bidding and construction administration for the project. The City of Victoria would reimburse the City of Chanhassen for these services; and WHEREAS, in order to include this work in the project, the Cities of Chanhassen and Victoria shall enter into a Joint Powers Agreement (JPA) which summarizes the work to be done, responsible parties, and terms for payment; and WHEREAS, the Mayor and the City Manager are certified to execute the Agreement and any amendments to the Agreement. NOW, THEREFORE BE IT RESOLVED that the City of Chanhassen be authorized to enter into a Joint Powers Agreement with the City of Victoria for improving a portion of W. 77th Street that lies within the city of Victoria. Passed and adopted by the Chanhassen City Council this 28th day of March, 2016. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT !(,, -oS JOINT POWERS AGREEMENT 77TH STREET CITIES OF CHANHASSEN AND VICTORIA This Joint Powers Agreement (the "Agreement ") is entered into this 21 st day of March, 2016 by and between the City of Chanhassen ( "Chanhassen ") and the City of Victoria ( "Victoria "), both municipal corporations under the laws of Minnesota, pursuant to the provisions of Minnesota Statutes, Section 471.59 (the "Joint Powers Act" or "JPA "). WITNESSETH: WHEREAS, Chanhassen and Victoria wish to provide for the improvement of 77th Street, as hereinafter more fully described (the "Project "); and WHEREAS, the Project will be constructed partially in Chanhassen and partially in Victoria; and WHEREAS, Chanhassen intends to levy special assessments against benefited properties within its jurisdiction for some of its portion of the cost of the Project; and WHEREAS, Victoria intends to levy special assessments against benefited properties within its jurisdiction for some of its portion of the cost of the Project; and WHEREAS, the JPA authorizes political subdivisions of the state to enter into agreements for the joint exercise of powers common to each; and WHEREAS, Minnesota Statutes, Section 412.221, Subd. 6 authorizes cities to conduct the activities contemplated by this Agreement; and WHEREAS, Chanhassen and Victoria wish to enter into this Agreement for the purpose of specifying their respective obligations and responsibilities in the construction and financing of the Project in accordance with the JPA. NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the parties agree as follows: 1. Purpose. The purpose of this JPA is to specify the duties and responsibilities of the parties regarding construction and financing of the Project. 2. Description of Project. The Project will consist generally of reclaiming of selected portions of the road and applying an overlay on 77th street from 1 1848420 Minnewashta Parkway to the Victoria/Chanhassen border. The Project will also include repair of curb and gutter. 3. Feasibility Report. Chanhassen has prepared a feasibility report for the portion of the Project located within Chanhassen and the public improvement hearing pursuant to Minnesota Statues 429 has been held. Victoria will prepare a feasibility report for the portion of the Project located within Victoria. After Victoria's feasibility study has been prepared the City of Victoria will conduct a public improvement hearing pursuant to Minnesota Statutes, Ch. 429. If either party does not order the project, the portion of the Project within the City of Victoria will not proceed. 4. Design and Construction of the Project. Chanhassen shall be responsible for the design and construction of the Project and the parties agree as follows: a. Chanhassen shall prepare plans and specifications for the Project, obtain all necessary permits, and solicit bids for the Project. The plans and specification and bids are subject to the approval by the Victoria City Engineer. b. Chanhassen shall administer the contract and provide construction observation. C. Victoria grants to Chanhassen the right to use the portion of the right -of- way for 77th Street located in Victoria for purposes of completion of the Project. Victoria agrees to cooperate with Chanhassen in the construction and completion of the Project. d. Victoria and Chanhassen agree to notify and coordinate access and other matters with the owners of affected properties regarding the construction schedule of the Project. e. For purposes of compliance with the Minnesota Wetlands Conservation Act, Victoria hereby confers on Chanhassen local government unit authority for wetlands impacted by the Project. 5. Cost. Project costs, including Chanhassen staff time, the cost of preparation of plans and specifications, construction observation, engineering and consultant fees, contract administration, street construction and curb replacement will be allocated to the City where the work is located. Upon Project Completion or termination, Chanhassen shall invoice Victoria for its share of the cost of the Project and Victoria will pay Chanhassen within 30 days of receipt of an invoice. 6. Liability and Indemnity. Each party shall be liable for the acts or omissions of its respective officers, agents and employees. Each party agrees to indemnify and hold harmless the other from any claims, losses, costs, expenses or damages, including reasonable attorney fees, resulting from the acts or omissions of the respective officers, agents or employees of the indemnifying party to the extent 2 1848420 such acts or omissions relate to activities conducted by the indemnifying party under this Agreement or in the construction of the Project. Nothing herein shall be deemed a waiver of any statutory or common law limitations on liability available to either of the parties. For the purposes of determining total liability, the parties shall be considered a single governmental unit as specified in Minnesota Statutes, Sections 471.59, subd. 1 a(a), and their total liability shall not exceed the limits for a single governmental unit as specified in Minnesota Statutes, Section 466.04. 7. Notices. For the purpose of delivery of any notice required by this Agreement, notice shall be effective if delivered certified or registered United States mail, return receipt requested, postage prepaid or hand delivered to: a. As to Chanhassen: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Attn: City Manager b. As to Victoria: City of Victoria 7951 Rose Victoria, MN 55386 Attn: City Manager or at such other address as either party may notify the other in accordance with this Section 7. 8. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all oral agreements and representations between the parties relating to the subject matter thereof. Any alteration, variation, modification or amendment of this Agreement shall be valid only if in writing and executed by both parties. 9. Data Practices. All documents regarding the Project shall be handled in accordance with the Minnesota Data Practices Act. Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, any books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the other party and either the Legislative Auditor or the State Auditor as appropriate. 10. Conflict of Interest. Each party, to the best of its respective knowledge, represents and agrees that no member, official or employee shall have any personal interest, direct or indirect, in this Agreement or the Project nor shall any member, official or employee participate in any decision relating to this Agreement or the Project which affects his or her personal financial interests or the interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested. 3 1848420 11. Titles of Sections. The titles of sections of this Agreement are inserted for convenience of reference only and shall be disregarded in constructing or interpreting any of the provisions hereof. 12. Governing Law. This Agreement shall be interpreted under the laws of Minnesota. 13. Counterparts. This Agreement may be executed in any number of counterparts, each one of which will constitute one and the same instrument. 14. No Waiver. In the event that any provision contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. IN WITNESS WHEREOF, Chanhassen and Victoria have caused this Agreement to be executed on their behalves on the date first written above. CITY OF CHANHASSEN By: J,44� � -44�� Denny aufenburger, May Kr And: Todd Gerhardt, City Manager CITY OF VICTORIA By: Tom O'Conmor, Mavor 1 And: 1 t4 V410 a f C, Jennifer tsch, City Clerk 4 1848420