21-090 Approving Cooperative Construction Agreement with City of Chanhassen for the 2021 Mill & Overlay Project, City Project 20-08CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21-090
A RESOLUTION APPROVING COOPERATIVE CONSTRUCTION AGREEMENT
WITH CITY OF CHANHASSEN FOR THE 2021 MILL & OVERLAY PROJECT,
CITY PROJECT 20-08
WHEREAS, the City of Shorewood awarded the 2021 Mill & Over Project to GMH
Asphalt in the amount of $1,776,383.63, and
WHE 5, West 62nd Street is included in the project and shares a municipal
bounda, y with the City of Chanhassen; and
WHEREAS, the City of Chanhassen cost share of West 62"d Street is $21,258.16 and
includ: osts for construction, design and administration, and
NOW ' ^REFORE, IT RESOLVED: by the City Council of the City of Shorewood
hereL , rove and enter into a cooperative construction agreement with the City of
Chanty en for the 2021 Mill & Overlay Project.
ADOPT BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 131" day of
Septc . r 2021.
Je niferl abadie, Mayor
Attest.
qu"T�k
Sand' one, City Clerk
COST -SHARING AGREEMENT
THIS COST -SHARING AGREEMENT (the "Agreement") is entered into this day
of , 2021 by and between the City of Shorewood, a municipal corporation under the
laws of Minnesota ("Shorewood"), and City of Chanhassen., a municipal corporation under the
laws of Minnesota ("Chanhassen"). That Shorewood and the Chanhassen may hereinafter be
referred to individually as a "Party" or, together, the "Parties."
RECITALS
A. Shorewood intends to undertake mill & overlay improvements to West 62" d Street, a local
city street located on the municipal boundary of Shorewood and Chanhassen as depicted
in the attached Exhibit A (the "Project").
B. Shorewood is willing to construct the Project if Chanhassen agrees to share in the costs,
and the Parties acknowledge that absent this Agreement and Chanhassen's financial
contributions toward the Project, that Shorewood would choose not to undertake to
construct the full scope of the Project, particularly those elements that directly benefit
Chanhassen.
C. Shorewood has obtained Project bids and has estimated a post -bid total Project cost of
$43,041.25 based on bid quantities, which is contained on the attached Exhibit B (the
"Post -Bid Estimate"). The Post -Bid Estimate includes those elements that are within
Chanhassen's municipal boundary, which amount to 2.5% of the total Project.
D. The Parties wish to specify their respective responsibilities for Project costs as provided
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, the Parties agree as follows:
Cost -Sharing Obligation; Project Construction. Upon execution of this Agreement,
Chanhassen hereby agrees to pay Shorewood $43,041.25, which amounts to 2.5% of the
Post -Bid Estimate and is identified thereon as the percentage attributable to the Project
elements that directly benefit Chanhassen. Upon such payment, Shorewood will endeavor
to complete the Project, including the aforementioned elements, in accordance with the
approved Project plans on file with Shorewood and subject to any modifications it deems
necessary and in its sole discretion.
2. Project Completion; Final Cost Determination. The Project shall be completed by
Shorewood on or before October 1, 2021, subject to unavoidable delays that are otherwise
beyond Shorewood's control. Within 30 days of Project completion and final payment by
Shorewood to its contractor and an accounting of all Project costs, which include
4820-2711-8834.2
engineering, administration, and observation, Shorewood shall request a reimbursement
for payment to Chanhassen.
Access to Chanhassen Property; Communications. Chanhassen hereby authorizes
Shorewood, its agents, contractors, and employees to access Chanhassen's property and
any area contained thereon as it deems reasonably necessary in order to construct the
Project. At Chanhassen's request, the Shorewood shall communicate Project plans and
timelines with Chanhassen and keep Chanhassen informed as to the same.
4. Termination. This Agreement shall terminate upon Project completion and, if required
pursuant to Section 2.
5. Governing Law and Amendments. This Agreement shall be governed by the laws of the
State of Minnesota and may only be modified or amended with the written consent of both
Parties.
6. Binding Agreement. This Agreement constitutes the entire agreement between the Parties
regarding this matter and is binding on the Parties until it expires or is terminated as
provided herein.
7. Indemnification. Shorewood and Chanhassen agree to indemnify and hold the other, its
successors, and assigns, harmless from all claims, demands, damages, assessments, costs
and expenses, including attorneys' fees, arising out of or relating to the Project.
8. Not Construed Against Drafter. The language of this Agreement shall not be interpreted
in favor of or against any Party as the drafter of this Agreement.
9. Incorporation. The recitals contained herein and the exhibits attached hereto are
incorporated in and made part of this Agreement.
10. Representations. Each Party executing this Agreement represents to the other that those
signing below on its behalf are authorized to enter into this Agreement and to bind its
organization to its terms and conditions.
11. Counterparts. For the convenience of the parties, any number of counterparts hereof may
be executed and each such executed counterpart shall be deemed an original, but all such
counterparts together shall constitute one and the same Agreement.
[signature pages to follow]
2
4820-2711-8834.2
IN WITNESS WHEREOF, the parties to this Cost -Sharing Agreement have caused these
presents to be executed as of the day and year aforesaid.
CITY OF CHANHASSEN
Un
Lo
Elise Ryan, Mayor
Laurie Hokkanen, City Manager
CITY OF SHOREWOOD
Mot
Jennifer Labadie, Mayor
Lo
Greg Lerud, City Administrator
3
4820-2711-8834.2
EXHIBIT A
A.
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4820-2711-8834.2
My of Shorewood
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