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HomeMy WebLinkAbout2006-095 Council Resolution• • • 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. 2 • 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. • • • • • 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. • • 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. 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. 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. 3 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 • 4 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 • 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. • • 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 - TENS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER TEE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY A • 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 • 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 ❑ - 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 - 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 " 1�TTV 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.