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HomeMy WebLinkAbout2019-014 Council ResolutionCITY OF LINO LAKES RESOLUTION NO.19-14 APPROVING AMENDMENT NO.-1 TO JOINT POWERS AGREEMENT BETWEEN ANOKA COUNTY AND THE CITY OF LINO LAKES FOR THE DEVELOPMENT OF WOODS EDGE PARK WHEREAS, Anoka County owns and operates the Rice Creek Chain of Lakes Regional Park Reserve part of which is located within the geographical boundaries of the City; and WHEREAS, the City of Lino Lakes has expressed interest to develop Woods Edge Park over County property; and WHEREAS, the parties previously negotiated a Joint Powers Agreement, Contract No. 2006-0056, dated on or about July 25, 2006; and WHEREAS, the Joint Powers Agreement provides that any modification of the provisions of the agreement must be reduced to writing and duly signed by the parties herein; and WHEREAS, Amendment No. 1 to Joint Powers Agreement between Anoka County and the City of Lino Lakes provides the City of Lino Lakes permission to develop and maintain Woods Edge Park. NOW, THEREFORE BE IT RESOLVED the City Council hereby approves Amendment No. 1 To Joint Powers Agreement Between Anoka County and the City of Lino Lakes For The Development Of Woods Edge Park Adopted by the Council of the City of Lino Lakes this 28t' day of January, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Maher, Manthey, SToesz, Reinert The following voted against same: none Jeff Reine ayor ATTEST: Julianne Bartell, Ci4 Clerk 11 r"1 CITY COUNCIL AGENDA ITEM 5C STAFF ORIGINATOR: Rick DeGardner, Public Services Director MEETING DATE: January 28, 2019 TOPIC: Consideration of Resolution No.19-14, Approving Amendment No. 1 To Joint Powers Agreement Between Anoka County and The City of Lino Lakes for the Development of Woods Edge Park, Rick DeGardner VOTE REQUIRED: 3/5 BACKGROUND In 2006, the City of Lino Lakes and Anoka County entered into a Joint Powers Agreement (JPA) to construct and maintain the park trails within the Rice Creek Chain of Lakes Regional Park Reserve. Staff is requesting City Council approval to amend the existing JPA to allow the City of Lino Lakes to develop Woods Edge Park over County property located directly behind the YMCA. The following provision is added to Section III: The City shall, at its sole cost and expense, be responsible for the costs of construction and installation of the new playground equipment, including regular maintenance and repairs of the playground equipment and the surrounding playground areas depicted in Exhibit A to this Amendment. RECOMMENDATION Staff recommends approval of Resolution 19-14. ATTACHMENTS 1. Amendment No. 1 To Joint Powers Agreement Between Anoka County and the City of Lino Lakes, 2019 2. Exhibit A - City of Lino Lakes Proposed Playground 3. Resolution 19-14 4. Original Joint Powers Agreement to Construct and Maintain Park Trails on County Property, 2006 Anoka County Contract No. 200C- oosC JOINT POWERS AGREEMENT TO CONSTRUCT AND MAINTAIN PARK TRAILS ON COUNTY PROPERTY THIS AGREEMENT is made and entered into this day of March, 2006 ("Effective Date"), by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota, 55303 ("County"), and the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota, 600 Town Center Parkway, Lino Lakes, Minnesota, 55014 ("City"). WITNESSETH: WHEREAS, the County owns and operates the Rice Creek Chain of Lakes Regional Park Reserve part bf which is located within.the geographical boundaries of the City; and WHEREAS, part of the County's Central Anoka County Regional Trail system is located in the Rice. Creek Chain of Lakes._ Regional Park Reserve,,. and. within the geographical boundaries of the City: and WHEREAS, the City has constructed a neighborhood trail system within the -City; and r` WHEREAS, to connect its neighborhood trail system to the Central Anoka County Regional Trail system, the City .has constructed two trail segments over County property as indicated in Exhibit A, which is attached hereto and incorporated herein ("Existing City. -Trail"); and I WHEREAS, as part of the expansion of the City's neighborhood trail system, the City - would like to construct a new segment of its neighborhood trail system over County property to connect its neighborhood trail system to the Rice Creek Chain of Lakes Regional Park -Reserve as indicated in Exhibit ("New City Trail'), and WHEREAS, subject to the terms and conditions contained herein, the County has agreed to allow the City to maintain its Existing City Trail and to construct and maintain the New City Trail over County park property. NOW, THEREFORE, it is mutually stipulated and. agreed as follows: I. EXISTING TRAIL SEGMENTS Subject to the terms and conditions contained herein, the_County hereby. grants to the City a license to maintain and operate the Existing City Trail on and over the County property as indicated in Exhibit A. -i- Subject to the terms and conditions contained herein, the County hereby grants to the City a license to construct, maintain, and operate the New City Trail on County park property as indicated in Exhibit A. III. CONSTRUCTION AND. MAINTENANCE OF TRAIL SEGMENTS The City shall, at its sole cost and expense, be responsible for the cost of construction of the New City Trail and for any and all maintenance and repair of the New City Trail and Existing City Trail. IV. INSURANCE. Prior to the construction of the New City Trail, the City and/or its contractor shall procure and maintain in full force and effect during the term of the construction and for a period of ore .year thereafter, insurance coverage for.:injurles to persons or damages to property which may arise from, -or in connection' with the performahce of the work by the City and/or the City's _ contractors,their agents, representatives, or employees. The insurance coverage shall satisfy the requirements set forth in Exhibit B, which is attached hereto and incorporated herein.. V. PERFORMANCE AND PAYMENT BONDS Prior to the beginning of construction of the New City Trail, the City and/or its contractors shall furnish bonds covering the faithful performance of the agreement between the City and/or 1 its contractor and the payment of all obligations arising thereunder.- The bonds shall be written in the form of Performance Bond and Labor and Material Payment Bond, AIA Document A311, February 1970 Edition, or Performance Bond and Labor and Material Payment Bond, AIA Document A312, December 1984 Edition. The bonds shall be written with sudh sureties secured through the City or the City's contractor's usual resources as may be agreeable to the parties. In addition, the sureties shall be authorized to conduct surety business ih the state in which the project is located, and the sureties and any reinsuring companies shall be listed in the current Department of the Treasury Circular No. 570 with an underwriting limitation equal.to or greater than the penal sum of the bonds to be furnished. Vi. INDEMNIFICATION The City shall indemnify, defend, save, and hold harmless the County, its officers, commissioners, employees, servants, and agents for any. claims or suit made by any third party against the County based upon any use or activities occurring on or about the Existing City Trail and/or New City Trail, including but not limited to any claim and/or damages arising from or related to construction and/or maintenance thereof. This indemnification shall not apply to any negligent acts or omissions by the County, its officer, commissioners, employees, servants, and agents. -2- VII. TERM OF AGREEMENT This Agreement shall commence upon the Effective Date as herein above set forth and continue until terminated as hereinafter provided. Vill. TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon 365-day advance written notice to the other. IX. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING . It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. -3 - ATTEST By: 4;049& *VZ". Jdfin "JayWMcLi6den County Administrator.. Dated: ATTEST Its: Dated 2c 10 0 APPROVED AS TO APPROVED AS TO FORM , I By: Dan Klint Assistant County Attorney Dated: 3 0 1AClMDK)coNTgAciVbowpA4jno Lakei Traji' Am -4- By: Its: Dated: 7%�7 U� i EXHIBIT B INSURANCE- REQUIREMENTS Bidders/contractors/consultants shall procure and maintain for the duration of the contract, insurance coverage for injuries to persons or damages to property which may arise from or in connection with. the performance of the work hereunder by the bidder/dontractor/consultant, their agents, representatives, employees or subcontractors. ANOKA COUNTY CONTRACT NUMBER: 1. Minimum Scope of Insurance: Coverage shall be at least as broad as follows: 1.1 Insurance Services Office (ISO)* Commercial General Liability coverage (occurrence form CG 00 01 or a substitute form providing equivalent coverage), and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury, advertising, and. liability assumed under an insured contract (including the tort liability of another assumed in a business contract). 1-.2 Business Automobile Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or substitute for providing equivalent liability coverage. Such insurance shall cover liability. arising oUt of any auto. (including owned, hired, and non -owned autos). 1.3 Workers' Compensation as required by the State of Minnesota, and Employer's Liability insurance. 1.4 Umbrella Liability insurance. 2. Minimum Limits of Insurance: Bidder/contractor/consultant shall maintain NO LESS THAN: 2.1 Commercial General Liability (CGL) and if necessary, Commercial Umbrella Liability: $2,000,000 each occurrence. If Commercial General. Liability insurance contains a general aggregate limit, it shall apply separately to this project/location, or the general aggregate limit shall be twice the required occurrence limit. 2.2 Business Automobile' Liability and if necessary, Commercial Umbrella Liability: $2,000,000 each accident for bodily injury and property damage. 2.3 Employers Liability: $1,000,000 for bodily injury or disease.. 2.4 Umbrella liability: $1,000,000 each occurrence. 3. Deductibles and Self -Insured Retention Any deductibles or self -insured retention must be declared to and approved by the- County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self - insured retention as respects Anoka County, agents, officers, directors, and employees; or the -bidder/contractor/consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses; or the bidder/contractor/consultant shall provide County -requested financial statements for the purpose of. verifying financial i solvency, and acceptance of deductibles or self -insured retention based on this verification. 10 % - 4. - Other Insurance Provisions 4.1 The General Liability policy is to contain, or be endorsed to contain, the following provision: Anoka County, its agents, officers; directors, and employees are to be covered as an additional insured for all liability coverages using ISO additional insured endorsement CG 20 10 or substitute providing equivalent coverage. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance program. The County's insurance shall be excess of the contractor/consultant's insurance and shall not contribute to it. The contractor/consultant's coverage shall contain no special limitations on the scope of protection afforded to the County, its agents, officers, directors, and employees. 4.2 • Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County, its officers, officials, employees or volunteers. , 4.3 - Each insurance policy required by this clause shall be endorsed to" state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage or in limits, or non -renewed, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the County. 4.4 The Contractor shall include all subcontractors as insured under its. policies or fumish separate certificates and endorsements for each subcontractor where applicable. All coverage for subcontractors shall be subject to all of the requirements stated herein. 4.5 . Each insurance policy shall include an endorsement that waives any claim or right in the nature of subrogation to recover against- the County, its agents, officers, directors, and employees. 5. Acceptability of Insurers Insurance is 'to be placed with insurers with a current A.M. Best rating of A:VII, unless otherwise acceptable to the County. 6. Verification of Coverage Contractor shall fumish- the County with certificates of insurance and original endorsements effecting coverage required by this clause. The certificate attached to this contract should be signed by a person authorized -by that insurer to birid coverage on its behalf. A certfficate other than the -one attached may be used if coverages and endorsements match or exceed the coverages identif<ed on the attached certificate.: All certificates and endorsements are to be received and approved by the County before work commences. The County reserves the right to require complete, certified copies of all required insurance policies and endorsements at any time. CERTIFICATE OF INSURANCE ISSUED TO: ANOKA COUNTY (perababirB,. 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