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HomeMy WebLinkAbout2007-102 Council Resolution• Council Member Stoltz introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -102 RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR THE BRIDGE RECONSTRUCTION OVER RICE CREEK ON CSAH 49 (PROJECT NO. S.A.P. 02- 649 -01) WHEREAS, the parties agree that Bridge No. 4711, CSAH 49 (Hodgson Road) over Rice Creek, has reached its service life for the safety of the traveling public and needs to be replaced; WHEREAS, the parties agree that the city's 16" diameter watermain needs to be relocated to construct the new bridge; and, WHEREAS, the Anoka County Highway Department has prepared plans and specifications for new Bridge No. 02563, and its approaches and city watermain under Project No. S.A.P. 02- 649 -01 which plans and specifications are on file in the office of the County Engineer; and, II WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, • 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 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 the bridge over Rice Creek on CSAH 49 (Hodgson Road) and authorizes the Mayor and City Clerk to execute the JPA (Anoka County Contract No. 2006- 0560, behalf of the City. ayor Adopted by the Lino Lakes City Council this 9tht" day of July, 2007. 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: Stoltz, Reinert, O'Donnell, Carlson, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: ACTION REQUIRED: BACKGROUND AGENDA ITEM 6F Michael Grochala July 9, 2007 Consideration of Resolution No. 07 -102 Approving Joint Powers Agreement with Anoka County for the Improvements of the CSAH 49 Bridge Simple Majority Anoka County in cooperation with Lino Lakes is nearing completion of the bridge reconstruction over Rice Creek on CSAH 49 (Hodgson Road). As part of the construction project it was necessary to relocate the City's existing 16 inch trunk water main to construct the bridge. The total estimated construction cost of the project (excluding engineering and right -of- way acquisition) is $1,414,769.65. The City's total share of the project including • engineering design and construction services is estimated at $153,496.00 based on the actual bid amounts. The City's share of project costs will be funded by trunk utility funds. RECOMMENDATION Staff is recommending approval of the JPA with Anoka County. ATTACHMENTS 1. Resolution No. 07 -102 2. Joint Powers Agreement • • Anoka County Contract No.2006 -0560 JOINT POWERS AGREEMENT FOR THE BRIDGE RECONSTRUCTION OVER RICE CREEK ON CSAH 49 (PROJECT NO. S.A.P. 02- 649 -01) 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 agree that Bridge No. 4711, CSAH 49 (Hodgson Road) over Rice Creek, has reached its service life for the safety of the traveling public and needs to be replaced; WHEREAS, the parties agree that the city' s 16" diameter watermain needs to be relocated to construct the new bridge; and, WHEREAS, the Anoka County Highway Department has prepared plans and specifications for new Bridge No. 02563, and its approaches and city watermain under Project No. S.A.P. 02- 649 -01 which plans and specifications are on file in the office of the County Engineer; and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, 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 reconstructing the CSAH 49 (Hodgson Road) bridge over Rice Creek, approach work on CSAH 49, and watermain along the east side of CSAH 49, in the City of Lino Lakes described in the plans and specifications numbered S.A.P. 02- 649-01 on file in the office of the Anoka County Highway Department and incorporated herein by reference. II. METHOD The County shall provide all engineering services 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. 1 • • Anoka County Contract No.2006 -0560 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, design costs for city utilities 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 may vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project is $1,414,769.65. Participation in the construction cost 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 $130,128.00. 3. The City shall furnish and deliver to the site replacement hydrants for any hydrants, which are being relocated as a part of this project, which they want replaced. 4. The County shall pay for all remaining construction costs. The total estimated construction cost to the City for the project is $130,128.00 as shown on the attached Exhibit A. 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 $10,410.24. The grand total estimated construction cost to the City for the project is $140,538.24. 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 construction costs payment estimate which is $133,511.32. The City's share of the 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. B. DESIGN The City shall be responsible for all design costs for the relocation of its watermain. The total estimated cost to the City for design is $12,957.62. Upon award of the contract, the City shall pay to the County, upon written demand by the County, shall pay one - hundred percent (100 %) of its portion of design costs for the relocation of its watermain 2 • • • Anoka County Contract No.2006 -0560 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 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. 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 Administrator of Lino Lakes, 600 Town Center Pkwy, Lino Lakes, MN 55014, on behalf of the City X. 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. XI. 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 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. 3 Anoka County Contract No.2006 -0560 • 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: Dennis D. Berg John Bergeson Anoka County Board of Commissioners City of Lino Lakes Mayor Dated: Dated: ATTEST By: By: Terry L. Johnson Gordon Heitke Anoka County Administrator City of Lino Lakes Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. Jim Studenski, P.E. Anoka County Engineer City Engineer Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant Anoka County Attorney City Attorney Dated: Dated: 4