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Home My WebLink About2010-007 Council Resolution• Council Member Roeser adoption: introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 10-07 RESOLUTION APPROVING PINE STREET PAVING IMPROVEMENTS JOINT POWERS AGREEMENT WHEREAS, the parties agree that it is in their best interest that the cost of project be shared; and WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the City Council hereby approves the Joint Powers Agreement with the City of Columbus for the design and construction of the Pine Street Pavi : .• provements and authorizes the Mayor and City Clerk to execute al I agreem on behalf of the City. Julia e Bartell, Ci Cler Jeff Rei rt, ayor Adopted by the Lino Lakes City Council this 25th day of January, 2010. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gallup and upon vote being taken thereon, the following voted in favor thereof: Roeser, Gallup, O'Donnell, Rafferty, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND: AGENDA ITEM 6Bi James E. Studenski, City Engineer January 25, 2010 Resolution No. 10 -07, Approving Pine Street Paving Improvements Joint Powers Agreement. Simple Majority City Staff has worked with the City of Columbus Staff to complete a feasibility report for the paving of Pine Street in December 2009. Staff from both entities have collaborated on the Joint Powers Agreement for the Pine Street Paving Improvements. The Joint Powers Agreement sets forth terms of the agreement that Lino Lakes and Columbus have reached regarding the design and construction financing of the project. Those terms include: — Setting Columbus as the primary City with responsibility for the design and construction of the road. - Lino Lakes will review the plans and oversee construction. — Construction cost division of 50% to Lino Lakes and 50% to Columbus. - A three payment structure by Lino Lakes to Columbus. — Joint Powers Agreement termination procedures and responsibilities. The City of Columbus has agreed to the terms of the attached Joint Powers Agreement. They will bring this Joint Powers Agreement to their next City Council Meeting. RECOMMENDATION: Staff recommends approving Resolution Number 10 -07, Approving Pine Street Paving Improvements Joint Powers Agreement. • • JOINT POWERS AGREEMENT BETWEEN THE CITY OF LINO LAKES AND THE CITY OF COLUMBUS REGARDING PINE STREET PAVING IMPROVEMENTS THIS AGREEMENT made and entered into this day of January, 2010 by and between the City of Lino Lakes ( "Lino Lakes ") and the City of Columbus ( "Columbus "); both of which are governmental subdivisions of the State of Minnesota located in the County of Anoka. RECITALS WHEREAS, the City of Lino Lakes and the City of Columbus desire to improve Pine Street by paving a bituminous roadway and replacing storm water drainage pipes between Lake Drive and 4th Avenue / Jodrell Street (the "Project "); and WHEREAS, the City of Lino Lakes and the City of Columbus have jointly prepared a Feasibility Study of the Project in accordance with Minnesota Statutes, Chapter 429; and WHEREAS, a portion of the Project is to be constructed within the corporate limits of the City of Lino Lakes and a portion is to be constructed within the corporate limits of the City of Columbus (Exhibit A); and WHEREAS, Lino Lakes and Columbus recognize and acknowledge that the Project will benefit both Lino Lakes and Columbus; and WHEREAS, Lino Lakes and Columbus will both assess the benefited properties within their jurisdictions for all or a portion of the relevant costs of the Project. The total estimated cost for the Project is $398,500; and WHEREAS, City of Lino Lakes and City of Columbus share jurisdiction over Pine Street; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, Lino Lakes and Columbus agree as follows: I. PURPOSE The purpose of this Agreement is to set forth the terms of the agreement Lino Lakes and Columbus have reached regarding the design, construction and financing of the Project both within the corporate limits of Lino Lakes and Columbus, in accordance with Minnesota Statutes, • Section 471.59. • II. AGREEMENT 1. Columbus shall be primarily responsible for the design and construction of both the portion of the Project located within Lino Lakes and the portion of the Project located within Columbus. Therefore, the parties agree that: a. Columbus shall design the Project, administer the construction and conduct inspections of the construction process. Lino Lakes shall have the right to inspect, review and comment upon construction of the Project. Lino Lakes shall have the right to review and approve the final plans and specifications prior to advertisement for bids. b. For purposes of performing its obligations under this Agreement, Lino Lakes hereby grants to Columbus the right to use the streets, public rights of way, and easements of Lino Lakes for purposes of constructing the Project, including any excavations necessary to perform work incidental to the performance of this Agreement; and Lino Lakes hereby agrees, through its departmental agencies, to cooperate to the fullest extent in the protection of any excavations or barricades that may be necessary for the work performed by Columbus. c. Lino Lakes agrees to notify and coordinate with property owners, as early as practical, the construction schedule of the Project. 2. Design and construction costs for the Project shall be divided equally between Lino Lakes and Columbus. Legal and administration costs for the Project shall be paid separately by each city. 3. Each city shall have the right to terminate this Agreement prior to award of a construction contract for the Project. 4. Each city shall be solely responsible for their share of the costs of the Project. Each municipality shall be responsible for the sale of bonds, if any, and the levy of special assessments against properties within their respective city boundaries. 5. Columbus shall receive, from Lino Lakes, three payments as follows: Payment #1 - $25,000 at the time that the project is authorized by both Columbus and Lino Lakes. Payment #2 - 75% of Lino Lakes' total cost of the Project upon award of the contract. Payment #3 - Upon completion of the entire Project, Columbus shall prepare a final cost statement and submit it to Lino Lakes. • Payment of the statement shall be completed within 45 days upon receipt of the statement. 2. • 6. Both cities mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees of the indemnifying party, to the extent such acts or omissions realte to activities conducted by the indemnifying party under this Agreement. 7. 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 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. 8. Maintenance shall be shared under a separate agreement. 9. Termination. This agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods, which occurred prior to such notice of termination. Each City shall pay its pro rata share of any cost incurred prior to such notice of termination. 10. For purposes of delivery of notices herein, the notice shall be effective if delivered to the City Administrator of Columbus (16319 Kettle River Blvd., Columbus, Minnesota 55025) and to the City Administrator of Lino Lakes (600 Town Center Parkway, Lino Lakes, Minnesota 55014). 3. • • IN WITNESS WHEREOF, Lino Lakes and Columbus have caused this Agreement to be executed on behalf of the proper officers. Dated: CITY OF LINO LAKES Mayor City Clerk Dated: CITY OF COLUMBUS 4. Mayor City Clerk • • • _.CITY OF COLUMBUS CITY OF l INO LAKES PINE STREET PAVING IMPROVEMENTS FEASIBILITY STUDY 2rrr,;l Nuure- OT T Tl► B TS MINNESOTA Legend PINE STREET IMPROVEMENT PROJECT JANUARY 8, 201D TKDA EfY.:RJEEfS • PI1GHflf.LTS • PLPF.HERS