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HomeMy WebLinkAbout2013-021 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 13 -21 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH COUNTY OF ANOKA I -35W PEDESTRIAN AND BICYCLE BRIDGE WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to construct a Pedestrian and Bicycle Bridge along County State Aid Highway 14 (Main Street) from Woodland Drive to Rondeau Lake Drive; and, WHEREAS, said parties mutually agree that County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive is in need of a pedestrian and bicycle bridge; and, WHEREAS, the County has prepared preliminary design plans for the construction of a pedestrian and bicycle bridge along County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive 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 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 construction of a Pedestrian and Bicycle Bridge along County State Aid Highway 14 at I -35W and authorizes the Mayor and City Clerk to execute the JPA on behalf of the City. Adopted by the Council of the City of Lino Lakes this I 1 `day of , 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Roeser, Stoesz, Rafferty, O'Donnell, Reinert The following voted against same: none ATTEST: ul . nne Bartell, C. • • CITY COUNCIL • • AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala MEETING DATE: February 11, 2013 • • TOPIC: Consider Resolution No. 13 -21 Approving Joint Powers Agreement with Anoka County, I -35W Pedestrian and Bicycle Bridge VOTE REQUIRED: INTRODUCTION 3/5 Staff is requesting City Council approval of a Joint Powers Agreement with Anoka County for the construction of the I -35W Pedestrian and Bicycle Bridge. BACKGROUND Anoka County in cooperation with Lino Lakes is preparing to advertise for bids for the construction of a pedestrian and bicycle bridge along County State Aid Highway 14 (Main Street) at Interstate 35W. The project will include the extension of trail from Woodland Drive to Rondeau Lake Drive. Construction of the project will begin in summer of 2013 and be completed by fall. The Joint Powers Agreement (JPA) sets 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 $1,095,384.50. Approximately $264,000 in Federal funds are available for the project. Anoka County will be funding the balance of the project cost. The City has no financial share in the project. The City will be responsible for the maintenance of the trail including, sweeping, clearing, plowing, and trash removal as well as long term maintenance such as overlays, crack sealing and replacement. The maintenance of the bridge structure will be the responsibility of Anoka County. RECOMMENDATION Staff is recommending approval of the JPA with Anoka County. ATTACHMENTS 1. Resolution No.13 -21 2. Joint Powers Agreement • • • • Anoka County Contract No. 2012 -0577 JOINT POWERS AGREEMENT FOR THE CONSTRUCTION OF A PEDESTRIAN AND BICYCLE BRIDGE ALONG COUNTY STATE AID HIGHWAY 14 (MAIN STREET) FROM WOODLAND DRIVE TO RONDEAU LAKE DRIVE IN THE CITY OF LINO LAKES, MN (SP 002 - 614 -035) THIS AGREEMENT is made and entered into this : day of , 2013 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County ", and the City of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, MN 55014, hereinafter referred to as "City ". WITNES SETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to construct a Pedestrian and Bicycle Bridge along County State Aid Highway 14 (Main Street) from Woodland Drive to Rondeau Lake Drive and, WHEREAS, said parties mutually agree that County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive is in need of a pedestrian and bicycle bridge; and, WHEREAS, the County has prepared preliminary design plans for the construction of a pedestrian and bicycle bridge along County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over County State Aid Highway 14 from Woodland Drive to Rondeau Lake Drive 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, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of constructing a pedestrian and bicycle trail along County State Aid Highway 14 from Woodland Drive to Rondeau Lake as described in the preliminary design plans. The project number for the reconstruction is SP 002 - 614 -035. Said engineering plans are filed in the office of the Anoka County Highway Department and incorporated herein by reference. The parties to this Joint Powers Agreement (JPA) agree in principle that construction of County State Aid Project No. 002 - 614 -035 along CSAH 14 from Woodland Drive to Rondeau Lake Drive is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit "A" defines the preliminary design of the Project. 1 It is agreed that the Exhibit "A" Layout dated January 25, 2013 has been reviewed and accepted by the parties and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit "A" Layout will require approval by the parties as an amendment to this JPA. These same changes will require a change in the cost share to include any additional design engineering costs that may occur. II. METHOD The County shall cause the construction of Anoka County Project SP 002 - 614 -035, in conformance with proposed engineering plans and specifications. IMPROVEMENTS It is agreed by the parties that in 2013 a pedestrian and bicycle trail along CSAH 14 will be constructed. Improvements include but are not limited to: a pedestrian and bicycle bridge and bituminous trail. The costs of these improvements have been estimated for this agreement and will be finalized after bids have been received. These costs will be paid by the County. RIGHT OF WAY: No right -of -way is required for this project. Any City owned property or easements required for the construction will be conveyed to the County at no cost. BITUMINOUS TRAIL: The parties agree that the construction of the bituminous trail leading up to the pedestrian and bicycle bridge is eligible for federal funds and that the County will be responsible for the local match. The parties understand that the cost for the trail includes: bituminous surfacing, aggregate base, excavation (including muck excavation), borrow material (granular and topsoil), and turf establishment. The parties agree that the County will pay for the design of the trail, and any removal items, required to construct the trail. PERMITS: The parties agree that the County will secure all necessary permits for this Project. The City agrees to coordinate with the County in securing the permits required by the Rice Creek Watershed District, city permits, MnDOT permits as well as any other permits that may be required. III. COSTS 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 this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. 2 • • • • • • The estimated construction cost of the total project is $1,095,384.50. Federal funds available for the Project are capped at $263,813. The total estimated construction cost to the City is $0. 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. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and 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 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. IX. MAINTENANCE A. Maintenance of the bituminous trails shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as, sweeping, clearing, plowing, trash removal and other incidental items and shall be responsible for long -term maintenance, such as bituminous overlays, crack sealing and replacement. B. Maintenance of the trail over the bridge shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as sweeping, clearing, plowing, trash removal and other incidental items. The County shall be responsible for the long -term maintenance of the bridge deck and structure. X. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of City of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, MN 55014, on behalf of the City. 3 XI. INDEMNIFICATION The City and 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. 4 • • • • • • XII. ENTIRE AGREEMENT REQUIREMENT OF 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. 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: Rhonda Sivarajah, Chair Board of Commissioners Dated: Dated: Jeff Reinert Mayor ATTEST By: By: Jerry Soma Jeff Karlson County Administrator City Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. Michael Grochala County Engineer Community Development Director Dated: Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: 5