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HomeMy WebLinkAbout2013-115 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 13 -115 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH COUNTY OF ANOKA FOR THE CONSTRUCTION AND SHARED USE OF A JOINT SALT STORAGE FACILITY WHEREAS, The parties have joined together for the purpose of constructing and utilizing a salt storage facility that will be located at Lino Lakes Public Works Department, 1189 Main Street, Lino Lakes, MN 55014 and, WHEREAS, the parties to this agreement mutually agree it is in the best interest of it's citizen and the traveling public to jointly construct a salt storage facility and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; 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 the construction and shared use of a joint salt storage facility 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 28thday of Oct , 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Stoesz, Roeser, O'Donnell, The following voted against same: none ATTEST: Julia ' e Bartell, Ci Clerk eff Reine , 'a or Whereupon said resolution was declared duly passed and adopted. • • CITY COUNCIL AGENDA ITEM 5A STAFF ORIGINATOR: Rick DeGardner, Public Services Director MEETING DATE: October 28, 2013 TOPIC: Consideration of Resolution No. 13 -115, Entering into a Joint Powers Agreement with Anoka County For The Construction and Shared Use of a Joint Salt Storage Facility VOTE REQUIRED: 3/5 INTRODUCTION For the past few years, the Public Services Department has been exploring a partnership with Anoka County to construct a Salt Storage Facility at our Public Works facility. Attached is the Joint Powers Agreement that would make this project a reality. Estimated total project costs are $250,130 with Anoka County contributing $161,055 (64 %) and the City contributing $89,075(36 %). BACKGROUND Lino Lakes does not currently have an enclosed salt storage facility. Therefore, a sand/salt mixture is stockpiled on a gravel surface while exposed to the elements. There are significant environmental drawbacks to this sand/salt mixture practice: • Outdoor storage is undesirable because the exposed salt is dissolved by precipitation and subsequently leaches into groundwater or otherwise carried off site. • Sand must be unnecessarily applied to roads every time salt is needed. The installation of a Salt Storage Shelter would be beneficial for several reasons including: • Improved quality of water runoff from the public works facility • Less sand to recover in future spring sweeping efforts • Streets treated with salt by itself have a much cleaner appearance than those treated with a sand mix (less residual slush and a sand free surface) Estimated project costs are split as follows: Anoka County — ($161,055) Fabric Structure, Concrete Foundation Piers and Bunker Panels, Asphalt, 50% of Storm Water Improvements City of Lino Lakes — ($89,075) Wetland Delineation, Soil Testing, Engineering, Brine Building, Brine Tank, Fencing, 50% of Storm Water Improvements Costs incurred related to all future repairs will be split 50 %. RECOMMENDATION Approve entering into a Joint Powers Agreement with Anoka County For The Construction and Shared Use of a Joint Salt Storage Facility with City funding designated from the Building and Facilities Fund. ATTACHMENTS 1. Resolution No.13 -115 2. Joint Powers Agreement • Anoka County Contract No. JOINT POWERS AGREEMENT FOR THE CONSTRUCTION AND SHARED USE OF A JOINT SALT STORAGE FACILITY IN THE CITY OF LINO LAKES, MN 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 Parkway, Lino Lakes, MN 55014, hereinafter referred to as "City ". WITNESSETH WHEREAS, the parties to this agreement mutually agree it is in the best interest of it's citizen and the traveling public to jointly construct a salt storage facility and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; 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 AND UNDERSTANDING The parties have joined together for the purpose of constructing and utilizing salt storage facility (herein referred to as "Project ") within the City of Lino Lakes. This facility will be located at Lino Lakes Public Works Department, 1189 Main Street, Lino Lakes, MN 55014. The Project plans are on file with the city of Lino Lakes. IMPROVEMENTS: It is agreed by the parties that in 2013, the salt storage facility and associated improvements will be constructed. The items include, but not limited to, site improvements, an asphalt surface, a natural - light fabric structure with concrete foundations, a brine building, brine tank are indicated in "Exhibit A ". RIGHT OF WAY: The parties agree that the City will place the salt storage facility on City property located at the aforementioned location. Acquisition of any additional right -of -way and /or easements needed for the Project beyond what is defined in the Exhibit "A" will be the responsibility of the City. PERMITS: The parties agree that the City will secure all necessary permits for this Project. 1 II. METHOD • The City shall cause the construction of the Project, in conformance with mutually approved plans and specifications. The City shall work with the County during the design process to reach agreeable terms to all pertinent items and decisions related to the salt storage facility. • 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 construction 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. The estimated construction cost is estimated at $250,130. The parties agree that the cost of the Project shall be split per the attached "Exhibit A" The total estimated construction cost to the City is $89,075 plus that value for the land on which the facility is located. The total estimated construction cost to the County for the Project is $161,055. The City shall perform the construction inspections and administration for the Project. Upon execution of this agreement, the County shall pay to the City, upon written demand by the City, ninety five percent (95 %) of its portion of the cost of the project estimated at $153,002.25. Prior to billing, this estimate will be updated by the City to reflect the actual bid prices. An updated cost estimate shall be provided to the County at the time of billing. Upon final completion of the project, the County'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 County's share. Also, the remaining five percent (5 %) of the County'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. 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. Prior to City payment to the County, Anoka County shall provide the City a 2 • • copy of all cost participation documents submitted to MnDOT State Aid to assist the City in their application for MSA funding. 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. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. MAINTENANCE A. Maintenance of the site shall be the responsibility of the City. B. Any future repair costs directly related to the salt storage facility shall be the responsibility of the City, with the costs of such repairs being split financially (50% County and 50% City). Major repairs shall be coordinated between the agencies to allow ample time in their respective budget processes. C. The City shall provide the necessary equipment to facilitate the loading and unloading of salt for both salt deliveries and public plow trucks. D. The City shall provide 24 -hour access to the salt storage facility, brine tank, and public works building for county employees, as designated by the County Engineer and agreed to by the City Public Services Director. E. The County agrees to continue discussion with the City to determine the most practical and economical method to handle delivery, supplying, and billing of salt. 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 Lino Lakes, 600 Town Center Parkway, Lino Lakes, MN 55014, on behalf of the City. 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. 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 parties to the 3 • • 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 Jeff Reinert Board of Commissioners Mayor Dated: Dated: ATTEST By: By: Jerry Soma Julie Bartel County Administrator City Clerk Dated: Dated: RECOMMENDED FOR APPROVAL By: Douglas W. Fischer, P.E. County Engineer Dated: APPROVED AS TO FORM By: Dan Klint • Assistant County Attorney Dated: By: Jeff Karlson City Administrator Dated: 4