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Approve JPA for Ped Crossings on Powers Blvd-CSAH 17CITY COUNCIL STAFF REPORT Monday, March 26, 2018 Subject Approve Agreement with Carver County for Powers Boulevard Pedestrian Crossing Improvements Section CONSENT AGENDA Item No: D.5. Prepared By Paul Oehme, Director of Public Works/City Engineer File No: PW031A PROPOSED MOTION “The City Council approves a Joint Powers Agreement with Carver County for design and construction of pedestrian crossing improvements on Powers Boulevard (CSAH 17). Council approval requires a Simple Majority Vote of members present. BACKGROUND City staff has been discussing with Carver County a few pedestrian crossings on Powers Boulevard. The pedestrian crossing at Powers Boulevard and Lake Lucy Road is at a crest of a hill but on a highspeed county road. The crossing is striped but no pedestrian crossing signage is present. The county and city did take pedestrian movement counts and evaluated the intersection operations in 2017. The crossing does not have a high number of pedestrian crossings but, due to the high speed and wide pavement section, it is recommend to evaluate this pedestrian crossing for an enhanced pedestrian improvement project. Based on the review of the operations of the intersection, additional intersection lighting was added by the city in 2017. The city constructed pedestrianenhanced crossings at TH 41 by the Minnetonka Middle School West campus and at Highway 101 and Pleasant View Road several years ago. IWCO is also requesting the city and county evaluate the pedestrian crossing at Powers Boulevard and Park Road. This pedestrian crossing is used frequently by IWCO staff. The pedestrian crossing was recently upgraded with a pedestrian enhancement rapid flash system. The study will look at potential geometric improvements to the intersection. DISCUSSION The county and the city of Chanhassen are jointly undertaking a project on County Highway 17 (Powers Boulevard) for potential pedestrian crossing improvements. Three consultant proposals were considered and, based on cost, experience, and project needs, Bolton & Menk, Inc. was selected by the city and county as the preferred consultant. Bolton & Menk, Inc. will provide professional services for design and potentially construction of pedestrian crossing improvements on County Highway 17 (Powers Boulevard) at two locations. The two locations are at the intersections of Lake Lucy Road and Park Road adjacent to the IWCO Direct campus. The project includes data gathering, public outreach and input and, if necessary, construction plans and construction administration and related services. CITY COUNCIL STAFF REPORTMonday, March 26, 2018SubjectApprove Agreement with Carver County for Powers Boulevard Pedestrian CrossingImprovementsSectionCONSENT AGENDA Item No: D.5.Prepared By Paul Oehme, Director of PublicWorks/City Engineer File No: PW031APROPOSED MOTION“The City Council approves a Joint Powers Agreement with Carver County for design and construction ofpedestrian crossing improvements on Powers Boulevard (CSAH 17).Council approval requires a Simple Majority Vote of members present.BACKGROUNDCity staff has been discussing with Carver County a few pedestrian crossings on Powers Boulevard. The pedestriancrossing at Powers Boulevard and Lake Lucy Road is at a crest of a hill but on a highspeed county road. Thecrossing is striped but no pedestrian crossing signage is present. The county and city did take pedestrian movementcounts and evaluated the intersection operations in 2017. The crossing does not have a high number of pedestriancrossings but, due to the high speed and wide pavement section, it is recommend to evaluate this pedestrian crossingfor an enhanced pedestrian improvement project. Based on the review of the operations of the intersection, additionalintersection lighting was added by the city in 2017. The city constructed pedestrianenhanced crossings at TH 41 bythe Minnetonka Middle School West campus and at Highway 101 and Pleasant View Road several years ago. IWCO is also requesting the city and county evaluate the pedestrian crossing at Powers Boulevard and Park Road. This pedestrian crossing is used frequently by IWCO staff. The pedestrian crossing was recently upgraded with apedestrian enhancement rapid flash system. The study will look at potential geometric improvements to theintersection.DISCUSSIONThe county and the city of Chanhassen are jointly undertaking a project on County Highway 17 (Powers Boulevard)for potential pedestrian crossing improvements. Three consultant proposals were considered and, based on cost,experience, and project needs, Bolton & Menk, Inc. was selected by the city and county as the preferred consultant. Bolton & Menk, Inc. will provide professional services for design and potentially construction of pedestrian crossingimprovements on County Highway 17 (Powers Boulevard) at two locations. The two locations are at the intersections of Lake Lucy Road and Park Road adjacent to the IWCO Direct campus. The project includes data gathering, public outreach and input and, if necessary, construction plans and construction administration and related services. The city and Carver County are proposing to split the cost of the engineering services equally as follows: City of Chanhassen $25,976.50 Carver County $25,976.50 $51,953.00 If the project goes to construction, bids for the project will be solicited at a later date. The city attorney has reviewed the agreement. ATTACHMENTS: Joint Powers Agreement Location Map CIP Sheet Docusion Envelooe lD: B43E0A3F-5231 44F 1 -9240-77DE180C1 1 17**ttirVEiti5urity*Cbfr:riiiLts -:rPA Wiin'(-rry of Chanhassen for Pedestrian... P-o BrA Donrra Eder. S ? Page t of 2 ILlosell JPA with City of Chanhassen for Pedestrian Contract # L8-072 lmprovements on CSAH 17 External Parties CffY OF CHANHASSEN Caruer County Vendor # Originator Dan McCormick Division/Department Public Works Type of Contract Joint Powers of Agreement Type of Contract Explanation Fiscal Anrount $SZS,OOO.OO FiscalTerms ProfessionalServices and Admin will be shared 50-50 with the City of Chanhassen via a JPA. Construction cost shares will be shared per tlre County's Cost Participation Policy and agreement in JPA. Financial Instructions Funds available in CIP. Full scope and cost of project is not determined at this time but a rough total estimated cost is $525,000.00 Budget Amendment Request No Finance Tracking Request No Certificate of Insurance Required Yes Quotes and Bids Obtained No The City and County have agreed to work on the subject project and consultant. Bolton & Menk, lnc. will provide professional services for the design and construction of pedestrian crossing improvements on CSAH 17 (Powers Blvd) at two locations in coordination the County and the City of Chanhassen. The two locations are Lake Lucy Rd on Powers Blvd; and Park Rd (IWCO Direct) on Powers Blvd. The project includes data gathering; public outreach and input; concept plans; preliminary / finalengineering; and construction administration and services. Two (2) other consultant proposals were considered and based on cost, experience, and project needs BMI was selected by the City and County as the preferred contractor. Contract Staft Date 3l20l20l.8 Contract End Date L0lSl,lz0lg Previous Related Contract # ContractState Original Quotes/Bids Inforrnation Three (3) proposals were received. BMI was the middle cost and the most experienced and best able for this particular work. City and County both agreed. Approval Authority Division, County Administrator, County Board RBA Nurnber RBA-5323.xm1 https://connection.co.carver.mn.us/sites/contracts/Caruero/o2DCount[o/o20C... 3l23lZ0tg Connection Newsfeed OneDrive Sites DocuSion Envelooe lD: B43E0A3F-5231 44F 1 -9240-77DE1B0C'\ 1 17----carvei'Lotinty LontraCtS---Jt'A Wrrh t-rry of Chanhassen for Pedestrian...Page 2 of 2 Submit Completed 5ul-rrlrl Crlr il r rprtls Dan McCormick 3/1 3/201 8 Added JPA Exhibit D-County Cost Participation Policy SLrbrlitter Dan McCormick Sr rbrnit D.tte 3/L3/20L8 Attorrrey Approved Attor rtey Cltariges parricl: conrless :3/I-Ji-:arBi think b/e are missinq er:hib,it cl Attor r rey /\lrprtrv.rl Dile 3/2112018 Alk-)r rteV A1.l1rr over , , Patrick Conrless Risk Approved Risk f lranrles Risk Alrprrrval D.rte 3/2212018 RisL Al_r1tr o,.,er I Sonja Wolter [rivisir rrr Approved Divi:;iLrr rA1-rl.rrorrel I Lyndon Robjent Divisir-,r I A111lr r-rr,'31 Dale 3/22/20L8 Dr,risr,,rr r Cc.rt lr r ret ttS C1,r rrplete yes tlttrrrprletecl By I Donna Eder Corltprletecl Cot rltrtertts senctrnql thru D,:,:usig. for final signarLrres Cr.;rnprletecl Date 3/23/2018 https://connection.co.caruer.mn.us/sites/contracts/Carvero/o20County%2Oc... 3l23lZ}LB DocuSign Envelopo lD: B43E0A3F-523144F,| -9240-77DE140C1117 KrrA SUOmtSStOnS - KtrA-)JZ5 Page 1 of 2 qgenda ltem: Print View Jolnt Powers Agreement with CIW OF CHANHASSEN tor Pedestriar Crossing lmprovements on CSAH 17 (Powers Blvd) Prlmary orlglnatlng Dlvlslon/Dept: Publk worlr - Program oelivery Secondary Originating Division/Dept: Contact: Dan Mccormick p6q66; 952466-5208 Contact Title: Transportation ManaEer M E] Amount olTime Requested: phone: JPA with City of Chanhasren for Pedestrlan lmprovements on Contract Name: CSAH 17 (Powers Elvd) ContractS: 18-072 R€minder: Cortracts for <S25,000 gr r€rerab do not rrqulre an RBA Presenter: PresenterTitle: Meeting Date: 3/20/2018 r You have selected a date in the past. Please select a future date. Item Type:IE Attachments for the Packet: O ves Oxo Attachmentr for Internal Use: O v"r Oro Strategl.lnhlatlve: Communitils: Create and malntain safq healthy, and llvablc communitles E] BACKGROUND/,USIHCAnO : The County and the City ofChanhassen are jointly undertaking a project on County Hlghway 17 (Powers Boulevard)for the lmprovement of two pedestrian crossings. The two locations are atthe intersections of Lake Lucy Road and Park Road adjacent to the IWCO Dlrect campus, The project lncluder data gatherin& public outreach and inpu! construction plans and constructlon adminlstratlon and related services. ACTION REqUESTED: Motion to approve a ioint powers agreement wlth CITY OF CHANHASSEN for the CSAH u Pedestrian Crossing safety lmprovements Project pending finallzation ofthe contract review process, FtscAt tMpAcT: Included in current budget :l FUNoING t "Other", specify:County Dolla.i =s2A0,000.00 Clty ofChanhas5en 534s,000.00 fotal s57s,000.00 tr Insert addational fundinq source m tMpACT: None Related Fiscal/FTE Comments: The final scope and costs are not determined at this point but a rough total estimated project cost ls about $575,000.00. Costs splits between the agencies will follow the County's cost participation policy once the construction plans are developed. It i5 anticipated that the cost share is approx. 15% Cilyt 25% Covnty, given the projed involves local trails and electronic specialty signs, E https://connection.co.carver.mn.us/managers/boardaction/_layouts/15/For... 3l23l20tB Carver County Board of Commissioners Request for Board Action I t,rb-1, 'l DocuSign Envelope lD: B43E0A3F-5231 -44F 1 -9240-77 DE1B0C1 1'17 JOINT POWERS AGREEMENT FOR DESIGN AND CONSTRUCTION OF PEDESTRIAN CROSSING IMPROVEMENTS ON POWERS BOULEVARD (CSAH lN THIS AGREEMENT FOR DESIGN AI\D CONSTRUCTION OF PEDESTRIAN cRossrNc TMPROVEMENTS ON COUNTY STATE AID HIGHWAY (CSAH 17), ("Agreernent") is made and entered into as of the day of _ ,2018, by and between the City of Chanhassen ("CiV'), and the County of Carver ("County") (each sometimes hereinafter called rrPartyrr and both sometimes collectively "Parties") the Parties being govemmental 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 (CSAH 17) is a duly dedicated public street, located within the corporate limits of City; and WHEREAS, the Parties desire to undertake a joint project involving pedestian crossing improvements, and related incidental road construction, grading, aggregate base, pavement surfacing, curb & gutteE sidewalk, storm sewer, and other incidantals, 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 47 1.59. 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 DocuSig n Envelope I D : 843 E0A3 F- 523 1 -44F'l -9240 -7 7 DE1 BlC 1 1 17 that Contract Documents will be entered into by the County on behalf of the Parties with respect to the Project, and that Change Orders or other documents may be entered into by the County on behalf of the Parties, with respect to the Project. This Agreernent 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 EnablineAuthoritv. Minnesota Statutes, Section 471.59, authorizes two or more governmental units to jointly exercise any power common to the contracting Parties. ARTICLE II DEFINITIONS Section2.01.@InthisAgreementthefollowingtermsshallhavethefollowing meanings unless the context requires otherwise: (a) Asreement: this Agreement, as it may be amended, supplemented, or restated from time to time. Change Order: a written order, change order or supplemental agreernent to the Contractor approved in writing, which may be electonic, by both Parties hereto and signed by the County Representative on behalf of the Parties authorizing a change in the work included within the Contact Documents and/or an adjustment in the price and/or an adjusfrnent in the construction schedule, issued after execution of the contract for the construction ofthe Project. Citv: the City of Chanhassen. Citv Representative: Paul Oehme, P.E., Public Works Director I City Engineer Citv/Countv Costs: the direct and indirect costs of City and County employees performing services on behalf of the Project, and other incidentals. Concept and Desisn Phase Professional Services Costs: the fees and costs for all professional services performed in concept and design phase activities for the Project. Construction Phase Professional Services Costs: the fees and costs for all professional services performed in construction phase activities for the Project. (b) (c) (d) (e) (0 (g) Pagel2 DocuSign Envelope lD: B43E0A3F-5231 44F 1 -9240-77DE1B,0C1 1 17 (h) Contract Documents: drawings; Engineers Estimate; specifications; general and special conditions; addenda, if any; Change Orders; and the construction conffact for the Project; approved by the Parties, or their respective representatives. (i) Contractor: the person or entity that is awarded the conffact for the constnrction of the Project. 0) Countv: Carver County. (k) Countv Representative: Lyndon Robjent, P.E., Carver County Engineer. 0) Ensineers Estimate: the professional engineer's opinion of probable cost prior to the bidding of the Project, which encompasses all projected costs tabulated for each Parfy. (m) Proiect: Design and Construction of Pedestrian Crossing Improvements on Powers Boulevard (CSAH 17) at Park Road and Lake Lucy Road in the City, to include engineering design and construction services for the design and construction of pedestrian crossing treatments and related incidental road construction, grading, aggregate base, pavement surfacing, curb & gutter, sidewalk, storm sewer, and other incidentals. (n)Proiect Costs: all costs for and associated with the construction of the Project, including Concept and Design Phase Professional Services Costs, Construction Phase Professional Services Costs, and City/County Costs. Proiect Location: Powers Boulevard (CSAH 17) at Park Road and Lake Lucy Road in the City of Chanhassen, as generally depicted in Exhibit A. Uncontrollable Circumstances: the occurrence or non-occrurence 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: (l) Acts of God, including, but not limited to floods, ice storms, blizzxds, tomadoes, 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 (o) (p) Page | 3 DocuSig n Envelope I D : B43 E0A3 F-523 1 44F 1 -9240 -7 7 DE1 B0C 1 1 17 (4) of this Agreement. A suspension, termination, intemrption, denial, or failure of renewal of any permit, license, consent, authorization, or approval essential to the construction of the Project. Orders and/or judgment of any federal, state, or local court, administrative agency, or govemmental 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. 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. (3) (s) ARTICLE III ALLOCATION OF DUTIES section ,.0r. aoo".o, "oF** ,*r" o,.o.r,"r-oncept 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. Consbuction 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 will cause bids to be received by it for the construction of the Project and, subject to approval by the City if ttre low responsible bidder is more than the Engineers Estimate, shall award the contract for the construction of the Project to the lowest responsible bidder. Section3.04.@SubjecttoUncontrollableCircumstances,theParties 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 Proiect Completion and Final Acceptance. Highway Page | 4 DocuSign Envelope lD: B43E0A3F-5231 -44F 1 -9240-77 DE1B0C1 1 17 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. 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. Pavments 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 Conffact 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 settlernent of any claim from the County's contactor 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. Adiustments 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 Page | 5 DocuSign Envelope lD: B43E0A3F-5231 44F 1 -9240-77DE 1 B0C1 1 1 7 invoice, such item shall be invoiced on an estimated basis and an adjusftnent 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 ofthe Parties. Section 4.04. Exclusive Responsibilitv. 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 investrnent, expenditure, and allocation of such funds. It is specifically agreed that any interest on the investrnent of any such funds is the sole property of the County, to use as the County shall see fit. Section 4.05. Pavment to Countv. 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 altemate schedule is mutually agreed upon in writing by the authorized representatives of the Parties. After an award by the County to the selected consultant on the Project, County shall invoice the City to deposit with the County the City's share in the Project Costs to be paid on an annual basis as follows: invoice for 2018 at beginning of the contract / project - 50% Concept and Design Phase Activities; invoice for 2018 on October l, 2018 - remainder 50% Concept and Design Phase Activities; invoice for 2018 or 2019 at beginning of construction - 50% Construction Phase Activities; and invoice for 2018 or 2019 at end of construction - remainder of balance of Construction Phase Activities. Section 4.06. Pavment to Citv. 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. &:@ All notices or communications required or permitted pursuant to this Agreement shall be either hand delivered or mailed to City and County, certified mail, retum- receipt requested, at the following address: Paul Oehme, PE Public Works Director I City Engineer City of Chanhassen City: Page | 6 DocuSign Envelope I D : 843 E0A3F- 523 1 44F 1 -9240-7 7 OE1 B0C'l 1 17 P.O. Box 147 Chanhassen, MN 55317 Phone: (952)227-1169 E-mail: poehme(@ci.chanhassen.mn.us County: Lyndon Robjent, PE Public Works Director / County Engineer Carver County Public Works 11360 Hwy 212 West, Suite I Cologne, MN 55322 Phone (952) 466-5200 E-mail: lrobient(@co.carver.mn.us Either Party may change its address or authorized representative by written notice delivered to the other Party pursuant to this Section 5.01. Section 5.02. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which taken together shall be deemed a single instrument. Section 5.03. Survival of Terms. Representations and Warranties. The representations, wa:ranties, covenants, and agreements of the Parties under this Agreement, and the remedies of either Party for the breach of such representations, warranties, covenants, and agreeme,nts 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. Ng4{gliggg$Iiql 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. Section5.05.@ItisunderstoodandagreedthattheentireAgreementbetween 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. s[91. 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. Severabilitv. The provisions of this Agreement are severable. If any Page l7 DocuSign Envelope lD: B43E0A3F-5231 44F 1 -9240-77DE180C1'l'17 paragraph, section, subdivision, sentence, clause or phmse of this Agreement is for any reason held to be contary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the rernaining portions of this Agreement. Section 5.08. The Laws of the State of Minnesota shall apply to this Agreement. Section 5.09. Final Pavment. Before final payment is made to the Contractor, the Contractor shall provide a certificate of compliance from the Commissioner of Revenue certiffing that the Contractor and any out-of-state subcontractors have complied with the provisions of Minnesota Statutes, Section 290.92. Section 5.10. Headines. 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 modiff, define, limit, or expand the intent of the Parties as expressed in this Agreement. Section 5.11. Further Actions. The Parties agree to execute such further documents and take such further actions as may reasonably be required or expedient to carry out the provisions and intentions of this Agreement, or any agreement or document relating hereto or entered into in connection herewith. Section 5.12. Parties in Interest. This Agreement shall be binding upon and inure solely to the benefit of the Parties hereto and their permitted assigns, and nothing in this Agreement, express or implied, is intended to confer upon any other person any rights or remedies of any nature under or by reason of this Agreement. Section 5.13. Emolovees. 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+ime 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. I41!q!!!g1@ The Parties' total liability under this Agreement shall be governedbyMinn. Statutes, Section 471.59, Subd. la. Page | 8 DocuSign Envelope I D : 843 E0A3F- 523 1 -44F 1 -9240 -7 7 DE1 BOC 1 1'17 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 govemmental unit as provided in Minn. Statutes, Section 466.04, Subd. l. Each Party agrees to defend, hold harmless, and indemniff 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 indemnifuing Party's negligence in the perforrnance of its respective obligations under this Agreement. This provision shall not be construed nor operate as a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law. To the full extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. la(a); provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. Section 5.15. 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. 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 A. B. Page | 9 DocuSign Envelope lD: 843E0A3F-5231 -44F 1 -9240-77DE1B'0C1 1'17 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 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 Agteement. 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 agteement 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 Partv. 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 | 10 DocuSign Envelope lD: B43E0A3F-5231 44F 1 -9240-77 DE1B0C1'l'17 IN TESTIMONY WHEREOF, The Parties hereto have caused these presents to be executed. City of Chanhassen, Minnesota ,-Deushmdby: I 0rr*r, lat^Axbwnt l\-D$ryeanfenburger, Mayor DaE.4/4/2018 I 7:35:04 PM PDr -Dcuslfn d by: 1 fuLL a,t'wlLU@ Dut",4/4/2018 I 12:30:40 PM PDr Attest: ,-Ilq3lgrnodby: I Ur*a {l'*^,l* -rar*ry*arrr-r*=,oa Dut",4/4/2018 | 3 :L7 =22 PM PDr x Approved As To Form: County Afforney Date: County of Carver, Minnesota Page I ll D^te.3/26/201-8 | 6:44:22 PM PDr DocuSign Envelope I D : B43E0A3 F- 523 1 44F 1 -9240-7 7 DE1 BOC 1 1 17 Exhibit A Powers Blvd Pedestrian Crossings 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. A N 2,000 4,000 IFeet G CARVER COUNTY Public Works Division 11360 Hwy 212, Suite I Cologne, MN 55322 (9s2) 466-s200 Created: 31512018 1,000 1liI, '5 ! I :It:t il ' ,,iig, r f7 {,. .-t r ,-rI .,' Docusign Envelope lD: B43E0A3F-5231 -44F 1 -9240-77OE180C1'l 17 Exhibit B - Allocation of Duties For the following Project: Design and Construction of Pedestrian Crossing Improvements on Powers Boulevard (CSAH 17) at Park Road and Lake Lucy Road in the City of Chanhassen Concept and Desien 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 Unless otherwise agreed upon by the City Representative and County Representative, 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. DocuSign Envelope I D : B43 E0A3F-523 1 44F 1 -9240-7 7 OE1 B0C1 1 17 Exhibit C - Proiect Cost Sharine For the following Project: Design and Construction of Pedestrian Crossing Improvements on Powers Boulevard (CSAH 17) at Park Road and Lake Lucy Road in the City of Chanhassen 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 agtee 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 cost share electronic pedestrian warning systems at a ratio of 25%o County and75o/o City. 2. The County and City agree that any donation dedicated to the Project by IWCO will be pro-rated between the Parties by their respective construction cost share for the Park Road pedestrian crossing location. 3. The County and City agree to evenly split (50% County/5O% City) all right of way acquisition costs. Right of way acquisition includes all costs related to the acquisition of property except professional services. 4. 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. 5. 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 ofthe Project. The Engineers Estimate and any Change Orders will show such City requested improvement costs for City approval. Concept and Desien 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: l. 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 will be split in accordance with the Carver County Cost Participation Policy (Exhibit D) and will considered the same as engineering services. Docusign Envelope lD: B43E0A3F-5231 44F 1 -9240-77DE1BOC1 1 17 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% Corxrtyll}%o City) all right of way related professional services costs. 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: l. The County and City agree to evenly split (50% County/50% City) all right of way related County direct and indirect costs of staffcosts. 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. OocuSign envetope tO: B43EOA3F-523'144F 1-IJ240-77OE1BOC11 17 A. CmtwCwU Aivision of Aufifie Wofi$ COST PARTICIPATION POLICY Applicable to Cooperative Highway Projects between Carver County and Municipalities. Adopted by the Carver County Board of Commissioners on February 17, 1998. Amended by the Carver County Board of Commissioners on February 13,2007, and March 19, 2013. Construction Cost Share - Conventional Proiect (Projects programmed in the County s-year ClP.) Project ltems County Share Municipality Share Note Riqht of Way By Negotiation By Negotiation 1 Retaining Wall in lieu of right of way Same o/oaqe as R/W Same %aqe as RflV Clearinq and Grubbinq 100o/o ov. Grading 100%0o/o 2 Aqqreqate Base and Surfacing 1lQo/o 0v. Parkinq Lanes on 4-lane or 6-lane road 0o/o 100Yo 4 Storm Sewer and Ponds/Treatment Basins %age of Contributing Flow %age of Contributing Flow Culverts 100o/o 0o/o Concrete Sidewalk 0%>5000 Population 50%<5000 Pooulation 100%>5000 Population 50%<5000 Pooulation 6 Concrete Curb and Gutter and Pedestrian Ramps 0olo>5000 Population 50%<5000 Pooulation 100%>5000 Population 50%<5000 Population 7 Concrete Median and Median Curb 100%0o/o 8 Concrele Driveway Entrances (Apron)100%0o/o 9 Municipal Utility Adjustment or Construction 0"/,100% Roundabouts By Leg By Leg Traffic Siqnals By Leg By Leg '10 lntersection Liqhtinq By Leg By Leg 11 Street Liohtinq 0v"1000k 12 Bridges By Negotiation By Negotiation Trails along county highway 0% Local 50% Linking & Regional 100o/o Destination 100% Local 50% Linking & Regional 0% Destination 13 Trail Underpass/Overpass 0% Local 50% Linking & Regional 100% Destination 100% Local 50o/o Linking & Regional 0olo Destination 14 Landscaping 25% up to State Aid Limit 75% Aesthetic Treatments 0%100%16 Highway Signs 100%o% Electronic/Specialty Signs By Negotiation By Negotiation Noise Walls By Negotiation By Negotiation 17 Mobilization Pro-rated by const. share Pro-rated by const. share Erosion Control Pro-rated by const. share Pro-rated by const. share Traffic Control Pro-rated by const. share Pro-rated by const. share Enqineerinq Services Pro-rated by const. share Pro-rated by const. share Other items By Negotiation By Negotiation Page 1 of 5 Carver County Highway Cost Participation Policy - Adopted March 19, 2013 Docusign Envelope lD: 843 E 0A3F-5231 44 F 1-9240-7 7 OE180C1117 CartwCwttty Division of Au66c Wo,* Conventional Project Notes '1. Fee title and permanent and temporary easemenls needed for projects on the existing county highway system or newly established or dedicated county highway system including lhe property needed for storm water trealment basins and wetland mitigation sites. 2. lncludes grading and removal items. Applies to county roads and work necessary to tie in existing public slreel approaches. Enhancementrs to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility ofthe municipality. 3. Applies to county roads and work necessary to tie in existing public street approaches. Enhancements to public slreels approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality.4. lncludes grading, base and surfacing. Applies to counly roads and work necessary lo tie in existing public street approaches. Enhancements to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. lncludes catch basins, manholes, storm sewer pipes, outlet struclures, grit chambers, and water quality and rate control ponds/basins. The county share is based on the ratio of contributing flow from the right of way to the total contributing flow. Existing sidewalk impacted by the highway construction will be replaced in kind by the county. Existing curb and gutter and pedestrian ramps impacted by the highway construction will be replaced in kind by the county. The county pays for standard median design which is plain concrete. lfa municipality requests decoralive median the municipality pays the additional cost above lhe cost of a standard median. Concrete aprons are installed at locations determined bythe county. Driveways beyond the apron are construcled in-kind. Applies to new and replacement traffic signals. lncludes all componenls that make up a permanent warranted lraffic control signal system with steel poles and mast arms installed at an intersection of a county highway and public roadway at an approved location bythe county. The county pays 0% of a signal syslem ata private access/road. The municipality pays 100% of the fumishing and maintenance of electrical power to the traffic signal. The cost to modify, update or completely reconstruct lhe signal system will be shared at the same percentage as the original installation. Designed to light an intersection for traffic safety purposes. Locations will be determined by the county. Decorative type lighting along the roadway. Applies to trails constructed wilh county road projects only. Stand alone trail projects are handled separalely. Locations and descriplions are shown in the Carver County Comprehensive Plan and other related trail plans and policy documents. Applies to all costs associated with lrail including but not limited to: grading, drainage, base, surfacing, pedestrian ramps, wetland mitigation due to trail impacts and additional right way needed forthe lrail. The county will only participate in trails constructed to meet State Aid Rules and Standards. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. Townships are exempt from paying for trails. Underpasses spanning 10 feet or more are considered bridges and will be added to lhe county bridge safety inspection program. Landscaping items as approved by the county. Siate Aid limil is 5% of annual crnstruction allotment. Aesthetic items that do not serve a specific transportation use such as streetscaping, median plantings, decorative railing, ornamental fencing etc. Allapproved median plantings require irrigation. Additional costs for decoralive noise walls will be the responsibility of the requesting agency. 5. 6. 7. 8. 9. 10. 't't. 12. 13. 14. 15. '16. 17. Page 2 of 5 Carver County Highway Cost Participation Policy - Adopted March 19, 2013 Docusign Envelope lD: B43E0A3F-523144F1 -9240-77DE1BOC1 1 17 Cafler CounA Aivision of Qufific l,llafi$ B. Construction Cost Share - Development Driven Project (Proiects not programmed in the County Sy6ar ClPl Project ltems County Share irunicipality Share Note Risht of Way 0v"'1000/o 1 Retaining Wall in lieu of right of way Same %age as RAtr Same %aqe as R/W Clearinq and Grubbing 100o/o 0v, Grading 100% for through lane and shoulder (up to tl4' wide). 507o for additional through lanes and median. '100% for county rd. to county rd. lum lanes. 0% for through lane and shoulder (up to tl4' wide). 50% for additional through lanes and median. 100% for city st. to county rd. turn lanes and county rd. to city st. turn lanes 2 Aqqreqate Base and Surfacing Same as Grading Same as Gradino Parkinq Lanes on 4-lane or 6-lane road 00k 1000k 3 Storm Sewer and Ponds/Treatment Basins %age of Contributing Flow %age of Contributing Flow 4 Culverts 100%0o/o Concrete Sidewalk o%100% Concrete Curb and Gutter and Pedestrian Ramos 0o/o 100% Concrete Median and Median Curb 50%50%5 Concrete Driveway Entrances (Apron)100o/o 00h b Municipal Utility Ad.iustment or Construction lYo 100v" Roundabouts By Leg if meets warrants by opening. By Leg up to 50% if meets warrants for design year. 0% if does not meet warrants for design year. By Leg if meets warrants by opening. By Leg but no less than 50o/o if meets warrants for design year. 100% if does not meet warrants for desion vear. Traffic Signals By Leg if meets wanants by oPening. 50% of County Legs if meets warrants for design year. 0% if does not meet wanants for desion vear. By Leg if meets wanants by opening. 100% of City legs plus 50% of County Legs if meets wanants for design year. 100% if does not meet wanants for desion vear. 7 lntersection Lighting By Leg By Leg 8 Street Liqhtinq 0%100%9 Bridges By Negotiation By Negotiation Page 3 of 5 Carver County Highway Cost Participation Policy - Adopted March 19, 2013 Docusign Envelope lD: B43E0A3F-5231-44F1 -9240-77OE180C1 1 17 CmwCw,t! eDivision of Qu66c WortS Development Driven Project Notes 1. Fee title and permanent and temporary easements needed for projects on the existing county highway system or newly established or dedicated county highway system including the property needed for storm water lrealment basins and wetland mitigalion sites. The cost share for right of way needed outside the boundaries of a development plat will be negotiated. 2. lncludes grading and removal items. Enhancemenis to public streets approaches are the responsibility of the municipality. New public or private street approaches are the responsibility of the municipality. 3. lncludes grading, base and surfacing. Applies to county roads and work necessary to tie in existing public street approaches. Enhancements to public streeis approaches are the responsibility of the municipality. New public or private streel approaches are the responsibility ofthe municipality.4. lncludes catch basins, manholes, storm sewer pipes, outlet structures, gril chambers, and water quality and rate control ponds/basins. The munty share is based on the ratio of contributing ,low. County share is based on the contributing flow from the right of way less roadway surfac€ areas that the municipality pays for. The municipality share is the contributing flow from outside the right of way plus roadway surface area the municipalily pays for. Costs to replace elements of storm sewer systems will be shared al the same percentage as the original installation. 5. The county pays for standard median design which is plain concr€t€. lf a municipality requests decorative median the municipality pays the additional cost above the cosl of a siandard median. 6. Concrete aprons are insialled at locations determined by the county. Driveways beyond the apron are constructed in-kind. 7. Applies to new and replacement traffic signals. lncludes all components that make up a permanent warranted traffic control signal system with steel poles and mast arms insialled at an inlersection of a county highway and public roadway at an approved location by the county. To meet signal wanants, the intersection must meet either the four hour or the eight hour vehicular volume warrant standard. The county pays 0% ofa signalsystem al a private access/road. The municipality pays 100o/o of the fumishing and maintenance of electrical power to the traffic signal. The cost lo modify, update or completely reconstruct the signal system will be shared at the same perceniage as the original insiallation. 8. Designed to light an intersection for trafflc safety purposes. Locations will be determined by the county. 9. Decorative type lighting along the roadway. '10. Applies to trails constructed with county road projects only. Locaiions and descriptions are shown in the Carver County Comprehensive Plan and other related trail plans and policy documents. Costs associated with trail include grading, drainage, base, surfacing, pedestrian ramps, wetland mitigation due to trail impacts and additional right way needed for the trail. The county will only participate in trails constructed to meet State Aid Rules and Standards. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. 'l'l . Underpasses spanning 10 feel or more are considered bridges and will be added to the county bridge safety inspection program. 12. Landscaping items as approved by the county.'13. Aesthetic items thal do nol serve a specific lransportation use such as streetscaping, median plantings, decorative railing, ornamental fencing etc. All approved median planlings require irrigation. 14. Additional costs for decorative noise walls will be the responsibility of the requesting agency. Trails along county highway 0% Local 50% Linking & Regional 100% Destination 100% Local 50% Linking & Regional 0% Destination 10 Pedestrian Underpass/Overpass OYo 100%11 Landscaping 0v.100%12 Aesthetic Treatments 0v.'1000/o 13 Highway Signs 100%0o/o Electronic/Specialty Signs By Negotiation By Negotiation Noise Walls 0%100o/o 14 Mobilization Pro-rated by const. share Pro-rated by const. share Erosion Control Pro-rated by const. share Pro-rated by const. share Traffic Conlrol Pro-rated by const. share Pro-rated by const. share Enqineerinq Services Pro-rated by const. share Pro-rated by const. share Other items By Negotiation By Negotiation Page 4 of 5 Carver County Highway Cost Participation Policy - Adopled March '19, 20'13 Docusign Envelope lD: B43E0A3F-523144F1 -9240-77OE180C1 1 17 CanwCamU Oivision of Qufifrc Worfu 1. Maintenance - iraintenance of county highways constructed under this policy will be as follows unless specified differently in a separate maintenance agreement. The county is responsible for maintenance of the county highway between curbs or between outside edges of shoulders. This includes but is not limited to snow and ice control, patching, crack sealing, seal coating, pavement rehabilitation, shouldering, striping and sign replacement. ln addition, the county is responsible for routine maintenance outside the edge of shoulder and within the right of way of a rural county highway. The county may enter into agreements with municipalities to perform highway maintenance. The municipality is responsible for maintenance of the boulevard, landscaped median, trees, shrubs, irrigation systems, sidewalk, retaining walls, steps, aesthetic treatments, and other urban appurtenances within the rightof- way of an urban county highway. The county is responsible For maintenance of bridges and culverts on the county route. The municipality is responsible for maintenance of its utilities and storm sewer systems including detention/treatment basins. Costs to replace elements of storm sewer systems will be shared at the same percentage as the original installation. The county is responsible for maintaining roundabouts with the exception of island landscaping and aesthetic treatments which are the responsibility of the municipality. Unless stipulated by special agreement, the county will own and is responsible for maintaining traffic signal systems (with the exception of the attached lighting) at county road intersections with local public roadways and private streets. The municipality is responsible for maintaining the signal lighting and the electrical power to the signal system. The cost to modify, update or completely reconstruct the signal system will be shared at the same percenlage as the original installation. The municipality is responsible for maintenance of intersection lighting at a county road and local road intersection. The county is responsible for maintenance of intersection lighting at a county road and county road intersection. The municipality is responsible for the maintenance of street lights. The municipality is responsible for maintaining trails within the county highway right-of-way. Costs for major rehabilitation or replacement will be shared at the same percentage as the original installation. The municipality is responsible for maintaining pedestrian underpasses and overpasses. The county is responsible for maintaining highway signs. The county is responsible for maintaining electronic/specialty signs. The costs of maintenance will be shared at the same percentage as the original installation. Maintenance of noise walls is the responsibility of the agency paying for the initial installation. 7. c. 3. 4. 5. b. 8. 9. 10. 11. 12. 13. Page 5 of 5 Carver County Highway Cost Participation Policy - Adopted March 19, 2013 Powers Blvd andLake Lucy Rd Powers Blvd andPark Rd LakeDrEW 77th St W79thStAudubon RdLaredoDrM a r k e t S t ParkR dLake DrKerberBlvd Plea s a n t ViewRd Pon t i a c L nCarver Beach Rd Cree Dr Ponderosa Dr Lake Lucy Rd Santa Fe Trl SantaVeraDrChippewaTrlBigho r n D r W oodDuc kLnDevonshir e DrS ierraTrlRedwing L nHighland Dr Western Dr W 78thS t W 76th St GreatPlainsBlvdSad d l e broo k TrlChan ViewRedman LnBre ttonWa yParkDr DelRioD r C o n e stogaTrlLake PtHuronKiowaF o x H ill D rP a r kPl Woodhill Dr Butte C tShawneeLn LakeLucy Ln YosemiteAveCoulter Blvd NezPerceDrMark et Blvd Tet o nLnO x b o w Bnd LakewayDrMulberryCir H opi Rd FrontierTrlUtica LnTecumsehL n Sarat ogaDrLucyRidgeLnFoxPathPi m a LnHorseshoe CurvCanyon C urvChap a rralLn L ot us T rl Kimb erlyL n M ulberryCirEArboretumBlvdPowersBlvd?A@5 ST101 ST17 Exhibit APowers Blvd Pedestrian Crossings 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 ref erence. Carver County is not responsible for any inaccuracies contained herein. Public Works Division11360 H wy 212, Suite 1Cologne, MN 55322(952) 466-5200Created: 3/5/201802,000 4,0001,000 Feet ´