HomeMy WebLinkAbout2005-043 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 05-43
RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE COUNTY
OF ANOKA FOR THE IMPROVEMENTS OF COUNTY STATE AID HIGHWAY 49 AND
COUNTY STATE AID HIGHWAY 10 (TRAFFIC CONTROL SIGNALS)
WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to
enter into Joint Power Agreements; and
WHEREAS, the parties of this agreement consider it mutually desirable to improve
County State Aid Highway 49 and County State Aid Highway 10 of service
and safety of the intersections included therein; and
WHEREAS, the parties agree that it is in the best interest that the cost of said project
be shared.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LINO LAKES, MINNESOTA:
1. Hereby approves the Joint Powers Agreement with Anoka County for the
Improvements of County State Aid Highway 49 (Hodgson Road) /County State
Aid Highway 10 (Birch Street) intersection and authorizes Mayor and City Clerk
to sign the agreement.
Adopted by the City Council this 28th day of March, 2005.
Ann J. Er3air, City Clerk
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./h J. :/ rges•', Mayor
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AGENDA ITEM 6F
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 28, 2005
TOPIC: Resolution No. 05 -43, Approving Joint Powers Agreement with Anoka
County, Birch /Hodgson Improvement Project
VOTE REQUIRED: Simple Majority
BACKGROUND:
Anoka County has provided the City with a Joint Powers Agreement for the
improvements at the intersection of County State Aid Highway 49 (Hodgson Road) and
County State Aid Highway 10 (Birch Street). The agreement sets forth the roles and
responsibilities of both the County and City for construction of the improvements.
The project is being undertaken as a City project with the associated costs assessed to
the benefiting developments of Spirit Hills Commercial Center and Millers Crossroads.
However, since the intersection of Hodgson Road and Birch Street are both County
Roads, Anoka County is financially participating in the project.
The Joint Powers Agreement provides for Anoka County to:
A) Pay the City of Lino Lakes $50,000.00 for their share of the traffic signals.
B) Provide plan review and construction inspection at no cost to the City.
C) Furnish materials and components for the traffic signal system at no cost to the
City.
Staff is recommending approval of the agreement.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution No. 05 -43, Approving the Joint Powers Agreement
3. Not adopt Resolution No. 05 -43
RECOMMENDATION:
Option No. 2
JOINT POWERS AGREEMENT
FOR IMPROVEMENTS AT THE INTERSECTION OF COUNTY STATE AID
HIGHWAY 49 (HODGSON ROAD) AND COUNTY STATE AID HIGHWAY 10
(BIRCH STREET)
This Agreement made and entered into this day of �� ��, by and between the
County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota,
2100 Third Avenue North, Anoka, Minnesota 55303, hereinafter referred to as "County ",
and the City of Lino Lakes, 600 Town Center Parkway, Lino Lakes, Minnesota 55014,
hereinafter referred to as the "City ".
WITNESSETH
WHEREAS, the parties of this agreement consider it mutually desirable to construct
improvements to the intersection of County State Aid Highway No. 49 (Hodgson Road)
and County State Aid Highway No. 10 (Birch Street) to improve the level of service and
safety of the intersection included therein; and,
WHEREAS, said intersection improvement area shall include County State Aid Highway
No. 49 (Hodgson Road) from 1650 feet south of Birch Street to 700 feet north of Birch
Street, and County State Aid Highway No. 10 (Birch Street) from Hodgson Road to 1950
feet east of Hodgson Road; and,
WHEREAS, the intersection of County State Aid Highway No. 49 (Hodgson Road) and
County State Aid Highway No. 10 (Birch Street) has met warrants for a full traffic
actuated traffic control signal; and,
WHEREAS, the parties agree that the City shall cause the construction of intersection
and roadway improvements within the improvement area as described herein, and,
WHEREAS, Toltz, King, Duvall, Anderson And Associates Inc. has prepared plans and
specifications for Commission No. 12993 -01 which plans and specifications are dated
July 13, 2004, and which are on file in the office of the City Engineer; and,
WHEREAS, the parties agree that it is in their best interest that the cost of said project be
shared; and,
WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to
enter into joint powers agreements for the joint exercise of powers common to each.
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NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
I. PURPOSE
The parties have joined together for the purpose of constructing the roadway,
drainage, pathway, and traffic control systems improvements at the intersection of
County State Aid Highway No. 49 (Hodgson Road) and County State Aid Highway No.
10 (Birch Street); as described in the plans and specifications numbered 12993 -01 on file
in the office of the City of Lino Lakes and incorporated herein by reference.
II. METHOD
The City shall provide all engineering services with the exception of
services provided by the County as described herein. The City shall cause the
construction of Commission No. 12993 -01 in conformance with said plans and
specifications. The City shall perform the calling for all bids, acceptance of all bid
proposals, award of contract, and contract management.
III. COSTS
A. The contract costs of the work, or for work not contracted, the cost
of all labor, materials, normal engineering costs and equipment rental required to
complete the work, shall constitute the actual "construction costs" and shall be so referred
to herein. "Estimated costs" are good faith projects of the costs, which will be incurred
for this project. Actual costs may vary and those will be the costs for which the relevant
parties will be responsible.
B. The estimated cost of the total project is $795,000 which includes
legal, engineering, and financing costs. The construction contract, as awarded is
$613,848.58. Participation in the construction cost is as follows:
1. In addition to providing items as further described herein, the
County shall pay to the City $50,000 as its share of the
construction cost.
2. The County shall provide inspection of the traffic signal
construction and permanent signal operation maintenance at no
cost to the City.
3. The County shall furnish materials and components for the traffic
signal system, as described in the plans and specifications (12993-
01), at no cost to the City.
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4. The County shall provide plan review during design and peer
review as needed during construction at no cost to the City.
5. All remaining construction and engineering costs shall be the
responsibility of the City.
C. Upon award of the contract, the County shall pay to the City, upon
written demand by the City, 100% of its financial obligation as provided in this
Agreement.
IV. TERM
This Agreement shall continue until terminated as provided hereinafter.
DISBURSEMENT OF FUNDS
All funds disbursed by the County or City pursuant to this Agreement
shall be disbursed by each entity pursuant to the method provided by law.
VI. CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be
made by the City in conformance to the State laws.
VII. STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and report of all receipts and
disbursements shall be made upon request by either party.
VIII. 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 (2) 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. The County shall pay its pro rata share of costs, which the City
incurred prior to such notice of termination.
IX. SIGNALIZATION POWER
The City shall at their sole expense, install or cause the installation of an
adequate electrical power source to the service cabinet for the traffic signal at the
intersection of County State Aid Highway No. 49 (Hodgson Road) and County State Aid
Highway No. 10 (Birch Street). The City shall be the lead agency in this matter. Upon
completion of said traffic controls signal installation, the ongoing cost of the electrical
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power to the signal shall be the sole cost and expense of the City.
X. MAINTENANCE
A. Maintenance of the completed roadway improvements, including
culverts, ditches, storm sewer, and drainage structures within the right of way of CSAH
49 and CSAH 10 shall be the sole obligation of the County.
B. Maintenance of all trails and sidewalks, including snow plowing,
shall be the sole responsibility of the City.
C. Maintenance of streetlights and cost of electrical power to the
streetlights shall be the sole obligation of the City.
D. The County shall maintain the traffic signal controller, traffic
signal and pedestrian indications, loop detectors and associated wiring of the said traffic
control signal located at the intersection of County State Aid Highway No. 49 (Hodgson
Road) and County State Aid Highway No. 10 (Birch Street) at the sole obligation of the
County.
E. Maintenance of any water main or sanitary sewer adjustments
required as part these improvements shall be the sole responsibility of the City.
F. Painting of the traffic control signal system shall be the sole
obligation of the County. The County will execute necessary contracts for signal painting
as needed, and will bill the city for actual costs incurred in signal painting.
G. Timing of the traffic signals shall be determined by the County.
H. Only the County shall have access to the controller cabinets.
I. The traffic control signals shall be the property of the County.
J. The City shall be responsible for maintenance of the luminaries,
luminaire relamping, and luminaire painting.
K. All maintenance of the EVP Systems shall be completed by the
County. The City shall be billed by the County on a quarterly basis for all incurred costs.
L. EVP Emitter Units may be installed on and used only by
Emergency Vehicles responding to an emergency as defined in Minnesota Statutes
§169.01, Subdivision 5, and §169.03. The City shall provide a list to the County Traffic
Engineer, or the County's duly appointed representative, of all such vehicles with emitter
units on an annual basis.
M. Malfunctions of the EVP System shall be immediately reported to
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the County.
N. All timing of said EVP System shall be determined by the County.
O. In the event said EVP System or components are, in the opinion of
the County, being misused, or the conditions set forth are violated, and such misuse or
violation continues after receipt by the City, written notice thereof from the County, the
County shall remove the EVP System. Upon removal of the EVP System pursuant to this
paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and
indicator lamps and all other components shall become the property of the County.
XL NOTICE
For purposes of delivery of any notices hereunder, the notice shall be
effective if delivered to the County Administrator of Anoka County 2100 Third Avenue
North, Anoka, Minnesota 55303, on behalf of the County, and the City Administrator of
Lino Lakes, 600 Town Center Parkway, Lino Lakes, Minnesota 55014, on behalf of the
City.
XII. INDEMNIFICATION
The City and the County 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 relating to activities conducted
by either party under this Agreement.
XIII. 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 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.
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IN WITNESS,WHEREOF, the parties of this Agreement have hereunto set their hands on
the dates written below:
COUNTY OF ANOKA CITY OF LINO LAKES
By: By:
Margaret Langfeld, Chairman
Anoka County Board
of Commissioners
Dated:
Name To k (B K •
Title Mayor
Dated: 'M66 L �, go-3—
ATTEST:
By: By:
John "Jay" McLinden Name
Anoka County Administrator Title City Administrator
Dated: Dated:
RECOMMENDED FOR APPROVAL:
By: By
Douglas W. Fischer, P.E. Name
Anoka County Engineer Title City Engineer
APPROVED AS TO FORM AND EXECUTION:
By: By:
Dan Klint Name
Assistant Anoka County Attorney
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