HomeMy WebLinkAboutItem 5 - Olson Lake Trail Sewer-Joint Powers Agreement JOINT POWERS AGREEMENT
BETWEEN THE CITY OF OAKDALE
AND THE CITY OF LAKE ELMO
REGARDING OLSON LAKE TRAIL SANITARY SEWER
IMPROVEMENT PROJECT
THIS AGREEMENT made and entered into thisAl day of t�l 2013 by and
between the City of Oakdale ("Oakdale") and the City of Lake Elmo ("Lake lmo"),both of which are
municipal corporations under the laws of Minnesota.
RECITALS
WHEREAS, Oakdale and Lake Elmo desire to install an 8-inch gravity sewer line, service stub
pipe, and related items in a portion of CSAH 13 (Olson Lake Trail) Right of Way, including grinder
pumps on those service lines below the gravity sewer main elevation (the"Proj ect");and
WHEREAS,the Project will connect to an existing lift station in Oakdale that is owned,operated,
and maintained by Oakdale;and
WHEREAS,upon completion of the Project,Oakdale will own,operate,and maintain the 8-inch
sewer line;and
WHEREAS,the Project will benefit properties in both cities;and
WHEREAS,Lake Elmo prepared a feasibility study of the Project in accordance with Minnesota
Statutes,Chapter 429;and
WHEREAS, Oakdale and Lake Elmo have conducted public improvement hearings in
accordance with Minnesota Statutes,Chapter 429;
WHEREAS,Oakdale intends to specially assess two benefited properties in Oakdale for the cost
of the Project;and
WHEREAS,Lake Elmo intends to specially assess five benefited properties in Lake Elmo for the
cost of the Project;and
WHEREAS, Minnesota Statutes, section 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, in consideration of the mutual undertakings expressed in this agreement,
Oakdale and Lake Elmo agree as follows:
I. PURPOSE
The purpose of this Agreement is to set forth the terms of the agreement that Oakdale and Lake
Elmo have reached regarding the design, construction and financing of the Project, in accordance with
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Minnesota Statutes,section 471.59.
II. AGREEMENT
1. Oakdale shall be responsible for the design and construction of the entire Project.
Therefore,the parties agree that:
a. Oakdale shall plan and design, advertise and receive bids, award the contract,
administer the construction and conduct inspections of the Project. Lake Elmo
will review and approve the final plans and specifications prior to advertisement
for bids. Lake Elmo shall have the right to approve the bid prior to award of the
contract by Oakdale if the apparent low bid exceeds the engineer's estimated cost
of the Project. Lake Elmo shall have the right to inspect, review and comment
upon construction of the Project.
b. Lake Elmo grants to Oakdale the right to construct the project within the Lake
Elmo city limits along Olson Lake Trail, including any excavations necessary to
perform work incidental to the performance of this Agreement. Lake Elmo
agrees to cooperate with Oakdale in the execution of the Project.
C. Lake Elmo agrees to notify and coordinate access and other matters with its
property owners regarding the construction schedule of the Project.
2. The Project is estimated to cost $141,000 including the cost of construction, all
design/construction engineering, administrative, and legal expenses. Oakdale's share of
the Project costs 29% (approximately $41,370) and Lake Elmo's share is 71%
(approximately$99,630).
3. Lake Elmo will invoice Oakdale $4,000 for Oakdale's share of the cost of preparing the
feasibility report.
4. Oakdale will invoice Lake Elmo on a monthly basis for Lake Elmo's portion of the
Project costs. Lake Elmo agrees to pay the invoice no later than 30 days after receiving
it.
5. Each city shall be solely responsible for its share of the costs of the Project. Each city
shall be responsible for the levy of any special assessments against properties within its
respective city boundaries.
6. Each city agrees to indemnify and hold harmless the other from any claims,losses,costs,
expenses or damages, including reasonable attorney's fees, resulting from the acts or
omissions of the respective officers, agents, or employees of the indemnifying party, to
the extent such acts or omissions to related activities conducted by the indemnifying party
under this Agreement.
7. It is understood and agreed that this agreement contains the complete
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understanding of Oakdale and Lake Elmo 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
regarding 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.
8. For purposes of delivery of any notice required by this Agreement, the notice shall be
effective if delivered by certified or registered U.S. mail, postage prepaid, or hand
delivered to:
a) As to Oakdale: City of Oakdale
1584 Hadley Avenue North
Oakdale, MN 55128
ATTN: City Administrator
b) As to Lake Elmo: City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo,MN 55042
ATTN: City Administrator
9. This Agreement shall be interpreted under the laws of Minnesota.
IN WITNESS WHEREOF,Oakdale and Lake Elmo have caused this Agreement to be executed
on their behalf by their appropriate officers.
Dated: AW ( 2'3 , 2013. CITY OF OAKDALE
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Dated: MO.0 R"K , 2013. CITY OF LAKE E
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