HomeMy WebLinkAbout2006-095 Council Resolution•
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Council Member Carlson introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 06 -95
RESOLUTION APPROVING JOINT POWERS AGREEMENT
WITH COUNTY OF ANOKA TO CONSTRUCT AND MAINTAIN PARK TRAILS ON
COUNTY PROPERTY
WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to
enter into Joint Powers Agreements, and
WHEREAS, the 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, 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
WHEREAS, as part of the expansion of the City's neighborhood trail system, the City
has constructed trail segments over County property; and
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; and
WHEREAS, subject to the terms and conditions contained within the Joint Powers
Agreement, the County has agreed to allow the City to maintain its existing trail and to
construct and maintain the new City Trail over County park property,
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
County of Anoka to construct and maintain park trails on county property.
Adopted by the Lino Lakes City Council this 12th day of June, 2006.
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• Joh J. Ber so , Mayor
(Julian : artell, ' ty Clerk
Adopted by the Lino Lakes City Council this 12th day of June, 2006.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member o'Donne1find upon vote being taken thereon, the following voted in favor
thereof:
Carlson, O'Donnell, Reinert, Stoltz, Mayor Bergeson
The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
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STAFF ORIGINATOR:
CITY COUNCIL
MEETING DATE:
TOPIC:
ACTION REQUIRED:
BACKGROUND
AGENDA ITEM 6C
Michael Grochala
June 12, 2006
Consideration of Resolution No. 06 -95
Approving Joint Powers Agreement with Anoka
County for Park Trail Construction and
Maintenance
Simple Majority
As part of the Legacy at Woods Edge project the City will be constructing a bicycle and
pedestrian trail that extends from Town Center Parkway, through the YMCA property
and connects with the existing gravel fire road located on the south side of the Civic
Complex. A trail spur will also extend northerly on the east side of the YMCA to
connect to the town home area. Ultimately this trail will connect with future
improvements to the Anoka County regional trail system through the Rice Creek Chain
of Lakes Park.
Through discussion with Anoka County Parks representatives a trail alignment was
established that takes advantage of the unique natural areas within the regional park
that abuts the Legacy at Woods Edge development. The trail will be constructed and
maintained by the City of Lino Lakes. Anoka County has prepared and approved a
Joint Powers Agreement to allow for construction of the trail within the regional park
boundaries. The agreement also covers existing trail segments previously constructed
by the City that extend into the regional park.
The extension of the trail system was contemplated with the City's initial design of the
Legacy at Woods Edge project. We are anticipating that the project will be bid in mid to
late summer.
RECOMMENDATION
Staff is recommending approval of the JPA with Anoka County for Construction and
Maintenance of Trails on County Property.
ATTACHMENTS
1. Resolution No. 06 -95
2. Joint Powers Agreement
Anoka County Contract No. 2000- 0 o s�
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
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
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 A ( "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.
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II. NEW TRAIL SEGMENTS
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.
I11. 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 orie
year thereafter, insurance coverage fora injuries to persons or damages to property which may
arise from ,or in connection with the performance 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
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 such 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 in 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.
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VII. TERM OF AGREEMENT
This Agreement shall commence upon the Effective Date as herein above set forth and
continue until terminated as hereinafter provided.
VIII_ 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.
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IN WITNESS WHEREOF, the parties hereto have set their hands on the dates indicated.
COUNTY OF ANOKA
By:
Margaret Langfeld, Chair
County Board of Commissioners
Dated:
ATTEST
By:
John "Jay" McLinden
County Administrator
Dated:
APPROVED AS TO FORM
By:
Dan Klint
Assistant County Attorney
Dated:
I: \CIV\DK\CONTRACT\2006UPA -Lino Lake Trail.doc
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CITY OF LINO LAKES
By:
Its:
Dated:
ATTEST
By:
Its:
Dated:
APPROVED AS TO FORM
By:
Its:
Dated:
Lowry Lakes
Town Center'
Development
I'ark Boundary
Existing Gravel Roadbed
Legend
Rice Creek North Regional Trail
Lino Lakes Legacy Trail
Aggregate Trail
- - - -• -- Park Boundary
Rice Creek North Regional Trail Corridor
and Lino Lakes Proposed Legacy Trail Scale f :too
Date: 02/23/06
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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 /contractor /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 /conti actor /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
solvency, and acceptance of deductibles or self- insured retention based on this verification.
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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 furnish
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 furnish 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 bind coverage on its behalf. A
certificate other than the one attached may be used if coverages and endorsements
match or exceed the coverages identified 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 (per Exhibit B"
PRODUCER
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TENS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER TEE COVERAGE AFFORDED BY THE
POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPANY
A
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INSURED
COMPANY
B •
COMPANY
C
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TEE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LE
TYPE OF INSURANCE
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POLICY
NUMBER
POLICYLernCTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE(MMfDD/YY)
LIMITS
GENERALLTABILITY
❑x COMMBRC[AI. GENERAL INABILITY
❑CLAIMS MADE O OCCUR
❑OWNERS & CONT PROT
❑
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GENERAL AGGREGATE
PRODUCTS— COMP /OP
AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (n.r ®.a..)
MENJ EXP (..y meta)
$ 2.000.000
_
S 2.000.000
S 2.000.000
S 2.000.000
S
3
❑
• AUTOMOBILELIABILITP
OANY AUTO
❑ALL OWNED AUTOS
❑SCEEDULED AUTOS
❑HIREDAUTOS
❑NON -OWNED AUTOS -
❑
COMBINED SINGLE UNIT
BODILY INJURY
(Per person)
BODILY INJURY.
(Per accident)
PROPERTY DAMAGE
S 2.000.000
S
S
$
GAR4GELL4BIIITY
DAM' AUTO
❑
AUTO ONLY -EA
ACCIDENT
OTHER THAN AUTO ONLY
EACH ACCIDENT
AGGREGATE
$
$
S
3
❑
EXCESS LIAM=
DUMBRFLIAFORM
EACH OCCURRENCE
AGGREGATE
S 1.000.000
S 1.000 000
S
❑ OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS'LL9BILITY
THE PROPRIETOR/ ❑ No. "
PAR'S ❑ EXCL.
OFFICERS ARE:
❑O STATUTORY LIMITS
EACH ACCIDENT
DISEASE — POT.ICYLater DISEASE —EACH
EMPLOYEE
S 1.000.000
S L000.000
S 1.000.000
OTHER
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DESCRIPTION OF OPERATIONS /LOCATIONSNENCLES/SPECTAL ITEMS
1. Aadh County and its Agents, Officers, Ditrctots, and Employees are included as additional
2. Anoka Comty is named u a loss payee on the property insurance listed above,"if any.
3. AR rights of sobmgadon under the policies listed above have been waived against Anoka
4. The Workers' Compensation insurer named above, if any, agrees to waive all rights of
3. This i nor ono shall apply as primary insurance with respect to any other insurance or
insured on the mead liability
"
Comty.
subrogation against Anoka County
segrudiagAnoka Comty Contract
for injuries to employees of the
to Anoka County.
Number
insured
self - insurance program afforded
CERTIFICATE
ANOKACOUNTY
ATTN:
2100
ANOKA,
HOLDER
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COlJlV 1 S
CANCELLATION
SHOULD ANY OF THE ABOVE
DETERMINATION BEMADENOTTO
MADE IN THE COVERAGE OF
WRITTEN NOTICE TO THE CERTIFICATE
DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
RENEW ANY OF THE ABOVE DESCRIBED POLICIES, OR
ANY OF THE DESCRIBED POLir1r% THE ISSUING COMPANY
DATE THEREOF, ORA
A MATERIAL. CHANGE BE
WILL MAIL 30 DAYS
IROLDERNAME TO THE LEFT.
AUTHORIZED REPRESENTATIVE
THIRD AVENUE
MN
INSURANCE OR CERTIFICATE QUESTIONS SHOULD BE DRBCTED TO ANOKA COUNTY RISK MANAGEMENT AT (763) 323 -5370.