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HomeMy WebLinkAbout2006-121 Council Resolution• Council Membercarison introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06 -121 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH COUNTY OF ANOKA COUNTY STATE AID HIGHWAY 14 (I -35W TO I -35E) WHEREAS, Minnesota Statutes, Section 471.59, authorizes political subdivisions to enter into Joint Powers Agreements, and WHEREAS, the City of Lino Lakes and the County of Anoka agree that it is in the best interest of the traveling public to reconstruct County State Aid Highway No. 14 (Main Street) from I -35W to I -35E; and WHEREAS, the parties are mutually agreed that the reconstruction of County State Aid Highway 14 (Main Street) including construction of a bituminous trail /concrete sidewalk, storm sewer system and other utilities should be done as soon as possible; and • WHEREAS, the parties agree that the County shall cause the construction of County State Aid Highway 14(Main Street); and • WHEREAS, the parties have an existing Memorandum of Understanding ( "MOU ") date November 29, 2005, regarding said project; and WHEREAS, the parties agree that it is in their 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. that the City Council hereby approves the Joint Powers Agreement with the County of Anoka for the reconstruction of County State Aid Highway No. 14 (Main Street) from I -35W to I -35E and authorizes the Mayor and City Clerk to execute the JPA (Anoka County Contracf o. 2006 -557) on behalf of the City. n e Bartell, ' ity erk %L1 /J. Bey%eso ', Mayor Adopted by the Lino Lakes City Council this 24th day of July, 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council • Member Reinert and upon vote being taken thereon, the following voted in favor thereof: Carlson, Reinert, O'Donnell, Stoltz, 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 July 24, 2006 Consideration of Resolution No. 06 -121 Approving Joint Powers Agreement with Anoka County for the Improvements of CSAH 14 from I -35W to I -35E Simple Majority Anoka County in cooperation with Lino Lakes and Centerville is preparing to award contracts for the reconstruction of County State Aid Highway (CSAH 14) from I -35W to I -35E. The project includes the installation of traffic signals at the intersection of CSAH 14 and CSAH 54, and bituminous trail /concrete sidewalk along the entire length of the project. Construction of the project will begin in winter of 2006. The Joint Powers Agreement • (JPA) set forth the responsibilities of the city and county as well as the cost sharing for the project. The total estimated construction cost of the project (excluding engineering and right -of -way acquisition) is $14,245,900. The City's total share of the project is estimated at $381,092.49. The City's share of project costs will be funded by a combination of Municipal State Aid Street and trunk utility funds. RECOMMENDATION Staff is recommending approval of the JPA with Anoka County. ATTACHMENTS 1. Resolution No. 06 -121 2. Joint Powers Agreement • • • Anoka County Contract No.2006 -0557 JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY NO. 14 (MAIN STREET) FROM I -35W to I -35E (COUNTY PROJECT NO. 02- 614 -24) 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 Pkwy, Lino Lakes, Minnesota 55014, hereinafter referred to as the "City ". WITNESSETH WHEREAS, the parties of this agreement have long exhibited concern for the deteriorating condition and traffic capacity of County State Aid Highway 14 (Main Street); and, WHEREAS, the parties of this agreement consider it mutually desirable to reconstruct County State Aid Highway No. 14 (Main Street) from I -35W to I -35E to improve the level of service and safety of the intersections included therein; and, WHEREAS, the parties are mutually agreed that the reconstruction of County State Aid Highway 14 (Main Street) including construction of a bituminous trail /concrete sidewalk, storm sewer system and other utilities should be done as soon as possible; and, WHEREAS, the parties to this Agreement consider it mutually desirable to construct a new permanent traffic control signal at the intersection of County State Aid Highway 54 (20th Avenue N) for the safety of the traveling public; and, WHEREAS, the County has received federal funds through the Surface Transportation Program to improve County State Aid Highway 14 (Main Street); and, WHEREAS, the parties agree that the County shall cause the construction of County State Aid Highway 14 (Main Street); and, WHEREAS, the Anoka County Highway Department has prepared plans and specifications for the improvements to County State Aid Highway 14 (Main Street) under Project No. S.P. 02 -614- 13 which plans and specifications are on file in the office of the County Engineer; and, WHEREAS, the parties have an existing Memorandum of Understanding ( "MOU ") dated November 29, 2005, regarding said project; and, WHEREAS, the parties agree that any extra work performed beyond that shown in the plans as • bid shall be the responsibility of the requested party; and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, 1 Anoka County Contract No.2006 -0557 • 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. • • NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of constructing the roadway, bituminous trail /concrete sidewalk, streetscape, drainage, traffic control system as well as other utilities on portions of County State Aid Highway No. 14 (Main Street) as described in the plans and specifications numbered S.P. 02- 614 -24 on file in the office of the Anoka County Highway Department (hereinafter collectively referred to as the "Project") II. METHOD The County shall provide all engineering services unless otherwise stated herein and shall cause the construction of the Project in conformance with said plans and specifications. The County shall do the calling for all bids and acceptance of all bid proposals. III. COSTS A. Construction The contract costs of the work, or if the work is 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 projections of the costs which will be incurred for the Project. Actual costs may vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the project (including County furnished materials) is $14,245,856.10. Federal funds available for the Project are capped at $6,523,550.00. The federal funds shall be split based on the ratio of eligible cost incurred by each party to the total eligible project cost. Eligible costs are the costs of items that can participate in federal funding as shown on Exhibit A. Lino Lakes participation in the construction costs, for improvement in Lino Lakes, is as follows: 1. The City shall provide construction observation for the relocation and reconstruction of their utilities and approve for acceptance the work as it is completed. 2. The City shall pay one hundred percent (100 %) of the hydrant and curb box relocation and gate box adjustment as well as water and sewer relocation and construction. The estimated City cost of these items is $15,800.00. 3. The City shall furnish and deliver to the construction site replacement hydrants for any hydrants, which are being relocated as a part of this project, which they want replaced. 2 Anoka County Contract No.2006 -0557 4. The City shall provide construction observation for the relocation and reconstruction of their utilities and approve for acceptance the work as it is completed. 4a. The City shall be responsible for any deficiencies associated with the relocation and reconstruction of the utilities that arise during or after the completion of the Project. 5. The City shall pay one hundred percent (100 %) for the non - participating and non - eligible portion of the storm sewer construction plus a percentage of the eligible portion of storm sewer construction. Storm sewer construction includes pipes, aprons, trash guards, catch basins, manholes, castings, rip rap, inlet protection, detention basins (including ponds and their outlet structures and grit chambers and /or collectors), and a portion of mobilization. The non- eligible and eligible portions are defined in the State Hydraulics letter. 5a The estimated cost of the non - participating storm sewer is $0.00 of which the estimated cost to the City is $ 0.00 (100 %). 5b. The cost of the eligible portion will be split between the City and County based on the ratio of contributing flow determined by the product of contributing area and runoff coefficient. The estimated percentage of contributing flow from the City is seven percent (7 %). The total eligible estimated cost of the storm sewer is $1,439,844.00 of which the estimated cost to the City is $100,789.08. • 5c. The total non - eligible estimated cost of the storm sewer is $0.00 of which the estimated cost to the City is $0.00 (100 %). 6. The City shall pay fifty percent (50 %) of the cost of concrete curb and gutter (less median curb and gutter) in Lino Lakes. The estimated total cost of curb and gutter including medians is $281,114.00, of which the City's estimated cost is $3,933.00. 7. The City shall pay one hundred percent (100 %) of the cost of decorative median above the cost of concrete median. The City's estimated cost for decorative median is $0.00. 8. The City shall pay one hundred percent (100 %) of the cost of streetscape items including but not limited to: median plantings, trees, tree grates, street lights, stamped concrete and other aesthetic treatments the City chooses to include with the Project. The streetscape items shall be designed by a licensed landscape architect and meet the Anoka County Highway Department Landscape /Streetscape Guidelines. The City's estimated cost for streetscape items is $0.00. 9. The City shall pay one hundred percent (100 %) of the cost of new concrete and /or bituminous driveway pavement for all upgraded driveways. The City's estimated cost for driveway pavement is $0.00. 10. Any in place driveway pavement disrupted by the construction will be replaced in -kind by the County at no cost to the City. 3 • • • Anoka County Contract No.2006 -0557 11. The City shall pay for one hundred percent (100 %) of the cost of new sidewalk installed on the project including pedestrian curb ramps with truncated domes. The City's estimated cost for new sidewalk is $0.00. 12. In place concrete walk will be replaced by the County at no cost to the City. 13. The City shall pay one hundred percent (100 %) of the cost of new bituminous trails. This cost includes pavement, aggregate base, soil correction (including lightweight fill and geotextile fabric if applicable) and additional embankment work necessary to construct the trail as well as any retaining walls and fences that are required due to the trail that would not be required without the trail. The City's estimated cost for the trail is $455,496.00. This does not include the non - participating trail cost of $25,122.00 near the CSAH 14 /Rice Creek Bridge. In lieu of paying this cost the City shall contribute the matching amount to the cost of the Bridge construction. 14. The City shall pay one hundred percent (100 %) of the cost of any street lighting included in the project. The design and installation of ornamental streetlights shall be in accordance with the County's specifications. The City's estimated cost for street lighting is $ 0.00. 15. The City shall pay zero percent (0 %) of the cost of construction and installation of the whole traffic actuated signal system at CSAH 54 (including County supplied materials). 16. The County shall pay one hundred percent (100 %) of all interconnect costs. 17. The City shall pay one hundred percent (100 %) of Emergency Vehicle Pre - emption (EVP) costs. The City's estimated cost for EVP is $0.00. 18. The City shall pay their share of mobilization and field office as determined by Mn/DOT. The City's estimated cost of these items is $21,450.00 19. The City shall pay their share of traffic control as determined by Mn/DOT. The City's estimated cost of these items is $2,850.00 20. The City shall pay an estimated $25,122.00 toward the cost of the CSAH 14 /Rice Creek Bridge in lieu of paying the non - participating trail cost. 21. The total estimated construction cost to the City for the project is summarized below: 1 Construction and Adjustment of Local Utilities 2 Grading, Base and Bituminous 3 Storm Sewer 4 Detention Basins (included in Storm Sewer) 5 Concrete Curb & Gutter 6 Decorative Medians 4 $15,800.00 $0.00 $100,789.08 $0.00 $3,933.00 $0.00 Anoka County Contract No.2006 -0557 7 Streetscape Features $0.00 8 Driveways $0.00 9 Concrete Sidewalk $0.00 10 Trails $455,496.00 11 Street Lights $0.00 12 Traffic Signals $0.00 13 EVP $0.00 14 Mobilization, Field Office $21,450.00 15 Traffic Control $2,850.00 16 Bridge $25,122.00 Total Estimated Share of Construction Cost To The $625,440.08 City Estimated Federal Funds available to the City $294,382.80 Total Cost less Federal Funds $331,057.28 Total Construction Cost to City $331,057.28 The total estimated construction cost to the City (less Federal Funds) for the project is $ 331,057.28 as shown on the attached Exhibits A and B. The City participation in construction engineering will be at a rate of eight percent (8 %) of their designated share. The estimated cost to the City for construction engineering is $50,035.21. The grand total estimated construction cost to the City for the Project is $ $381,092.49. Upon award of the contract, the City shall pay to the County, upon written demand by the County, ninety five percent (95 %) of its portion of the cost of the project estimated at $ $362,037.86. The City's share of the construction cost of the project shall include only construction and construction engineering expense and does not include administrative expenses incurred by the County. Upon final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95 %) charged will be made in the form of credit or additional charges to the City's share. Also, the remaining five percent (5 %) of the City's portion of the construction costs shall be paid. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. 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 County in conformance to the State laws. 5 • • Anoka County Contract No.2006 -0557 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 City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. MAINTENANCE 1. Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), detention basins (including ponds and their outlet structures and any grit chambers and /or collectors) shall be the sole obligation of the City. 2. Maintenance of all trails and sidewalks, including snow plowing, shall be the sole responsibility of the City. 3. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. 4. The City shall be responsible to maintain all streetscape features installed with the Project. Maintenance shall be performed in accordance with the "Anoka County Highway Department landscape /Streetscape Guidelines dated June 2000." X. 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 of Centerville, 1880 Main Street, Centerville, MN 55449, on behalf of the City XI. 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. XII. 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 6 Anoka County Contract No.2006 -0557 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. 7 Anoka County Contract No.2006 -0557 •IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF LINO LAKES By: By: Margaret Langfeld, Chair John Bergeson Anoka County Board of Commissioners City of Lino Lakes Mayor Dated: Dated: ATTEST By: By: John "Jay" McLinden Gordon Heitke Anoka County Administrator City of Lino Lakes Administrator • Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. Michael Grochala Anoka County Engineer Community Development Director Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant Anoka County Attorney City Attorney Dated: Dated: 8