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HomeMy WebLinkAboutResolution 7234RESOLUTION 7234 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE FEASIBILITY REPORT, HOLDING A PUBLIC IMPROVEMENT HEARING, ORDERING THE PROJECT, AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS, AND APPROVING A JOINT POWERS AGREEMENT WITH THE CITY OF SPRING LAKE PARK FOR THE 2008 STREET MAINTENANCE PROJECT WHEREAS, on January 28, 2008 the City Council approved Resolution 7213 authorizing the preparation of a preliminary feasibility report and the selection of a consultant for the 2008 Street Maintenance Project (Seal Coat Project); and WHEREAS, on the basis of the City Council's previous action, a preliminary report has been prepared and has been submitted for the City Council's review; and WHEREAS, on February 11, 2008 the City Council approved Resolution 7222 setting a Public Improvement Hearing date for the 2008 Street Maintenance Project; and WHEREAS, the purpose of the public improvement hearing is to provide interested parties an opportunity to learn more about the proposed improvements and to comment on them; and WHEREAS, should the Council wish to proceed with this project, the next step in the public improvement process is to order the project; and WHEREAS, should the Council wish to proceed, the next step in the engineering process is to order the preparation of plans and specifications; and WHEREAS, partnering with the City of Spring Lake Park on this project will allow for the sharing of administrative costs; and WHEREAS, On February 11, 2008 the City Council approved Resolution 7222 authorizing the preparation of a Joint Powers Agreement for the 2008 Street Maintenance Project; and WHEREAS, pursuant to Resolution 7222, the City's legal counsel has developed a Joint Powers Agreement; and WHEREAS, Staff is requesting approval of the Joint Powers Agreement with the City of Spring Lake Park and authorization to have the Mayor and City Administrator execute said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The feasibility report for the 2008 Street Maintena ce Project, which was prepared pursuant to Resolution 7218, is hereby approved. 2. Said improvements are hereby ordered and shall ereafter be known and referred to as the 2008 Street Mainten nce Project. Said ordering of the improvements shall be valid fo a period of eighteen (18) months from the date of adoption of this esolution. 3. 'T'he entire cost of said improvements shall be funded hrough three accounts: the Street Improvement Fund (account 285 4470-7050), the Special Project Fund (account 280-4180-7050), nd the Park Dedication Fund (account 251-4470-7050). 4. The preparation of plans and specifications of said project is authorized. 5. That the Joint Powers Agreement with the City of Sprig Lake Park for this project is hereby approved. 6. That the Mayor and City Administrator are hereby authorized to execute said agreement. Adopted this 10th day of March 2008. ~~~ Rob arty, Mayor (ATTEST) James Ericson, Interim City Admi istrator (SEAL) AGREEMENT FOR THE ADMINISTRATION AND DIVISIO OF COSTS ASSOCIATED WITH ROAD IMPROVEMENTS AND SEAL CO T PROJECTS IN THF, CITIES OF MOUNDS VIEW AND SPRING LAKE; P RK THIS AGREEMENT, made and entered into this 10°i day of March, 2008, by and between the City of Mounds View, Miruiesota, a municipal corporation (hereinafter "Mounds View"), and the City of Spring Lalce Parlc, Mirmesota, a municipal corporation (hereinafter "Spring Lake Parl<"). WHEREAS, Mounds View and Spring Lake Park share a common bo>rmdary and each desires to pursue a seal coating street improvement project (hereinafter collectively the "2008 Street Maintenance Project" -Seal Coat Pro.ject); and WHEREAS, the streets in Mounds View that are to be included in the 2008 Street Maintenance Project are named and depicted in the attached Exhibit A to this Agreement; WHEREAS, the streets in Spring Lake Parl< that are to be included in the 2008 Street Maintenance Project are Warned and depicted in the attached Exhibit B to this Agreement; and WHEREAS, the word "Improvements" as stated acrd used irr this Agreement shall rneari all 2008 Street Maintenance Project improvements (as named and depicted in Exhibit A and Exhibit B in Mounds View and Spring Lalce Park, respectively), including project development, preliminary and final engineering, administration, construction, inspection, and all other cost and work items described herein; and WHEREAS, Mimiesota Statutes Chapter 471.59 provides that municipalities may enter into a joint powers agreement providing for the division of costs for such Improvements; and WHEREAS, the total costs for the Improvements shall be shared by Mormds View and Spring Lalce Park in accordance with the terms of this Agreement. NOW, THEREFORE, IT IS AGREED, by the city council of the city of Mounds View and the city council of the city of Spring Lalce Park that: SECTION A PROJECT SUMMARY 1. The Improvements and financing shall be performed in accordance with the teens of this Agreement, the requirements of Mirulesota Statutes Section 429, and each City's respective codes, policies, and regulations. 2. Mounds View and Spring L,alce Park agree to develop a preliminary design for the Improvements. 3. Surveys, data, collection, and preparation of plans for preliminary design shall be performed by Motuids View. 31 OA 19v2 M1M MU210-I i9 4. Upon review and approval of a preliminary design by Mounds View, a completion of final design (including the preparation of plans and specifications) shall be performed by Mounds View. 5. Plans and specifications shall be approved by the city council of Mounds View prior to releasing an advertisement for bids. Contract award to the lowest responsible bidder will be conducted by the city council of Mounds View. 6. Construction engineering, including bid openings, contract administration, other agency submittals, staking and inspection, and contract management shall be performed by Mounds View. 7. Final contract payment shall occur only after final acceptance of the Improvements by the city council of Mounds View and the city council of Spring Lalce Park. 8. Mounds View shall invoice Spring Lalce Park for reimburse>ner>t of Spring Lake Park's portion of the costs of the Improvements in accordance with this Agreernent. SECTION Ii COST ALLOCATION 1. All costs of the Improvements shall be assigned to Mounds View and Spring Lalce Parlc based on the percentage of the project conducted in each city. Mounds View and Spring Lal<e Park shall fluid each of their cost obligations in accordance with State of Mimlesota Statutes Chapter 429, and each City's respective policies and regulatiorrs. The costs of the Improvements shall include, but not be limited to the following: surveys and data collection, preparation of drawings and exhibits, preliminary and final design, preparation of plans and specifications, contract administration, adrnirustrative and legal costs, consulting engineering fees as needed, private utility costs, testing, and all contract constrlrction costs. 2. The estimated total cost of the Improvements described in this Agreernent is $28'7,500, with estimated costs of the Improvements in Spring Lake Parlc being approximately 37 percent of the estimated total cost, and with Spring Lake Park's actual total cost for the Improvements being determined r.rpon final completion of the Improverments. 3. Upon award of a contract, Mounds View shall invoice Spring Lalce Parlc for its percentage of all costs inc>.u•r•ed prior to said contract award. 4. Project cost administration shall be performed by Moiu~ds View, including payments to the contractor. Mounds View shall invoice Spring Lake Parl< for its percentage of payments made to the contractor at the time each payment is made to the contractor. 5. Spring Lake Parlc agrees to pay arry invoices received from Mounds View in accordance with this Agreement and within ~0 days. 310819v1 M1M MU210-159 SECTION C MAINTENANCE RIESPONSISIL,ITIES 1. Maintenance and riplceep of the Improvements after completion shall be in accordance with existing policies and responsibilities in place prior to construction of the Improvements. SECTION D MISCF,LLANEOUS PROVISIONS 1. ComUliance with Laws. The parties agree to comply with all laws, ordinances and regulations of Minnesota applicable to this Agreement and the construction of the Improvements. This Agreement shall be construed and enforced according to the laws of Minnesota. 2. Iridernnificatiorr. a. Indemnification of Mounds View. Notwithstanding anything to the contrary in this Agreement, Mounds View, its officers, agents, and employees shall not be liable or responsible in arty manner to Spring Lake Parlc, Spring Lal<e Park's successors or assigns, Spring Lake Park's contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. Spring Lalce Park, and Spring Lake Park's st.rccessors or assigns, agree to protect, defend and save Mounds View, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other teclviical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which either party is entitled under MiiuZesota Statutes, Chapter 466, or otherwise. b. Indemnification of ~rin~ Lake Parlc. Notwithstanding anything to the contrary in this Agreement, Spring Lalce Parlc, its officers, agents, and employees shall not be liable or responsible in any maiuler to the Moruids View, Mounds View's successors or assigns, Mounds View's contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. Mounds View, and Mounds View's successors or assigns, agree to protect, defend and save Spring Lal<e Parlc, and its officers, agents, and employees, harmless from all sr.rch claims, demands, damages, and cat.rses of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to whiclZ either party is entitled rarider Miruiesota Stahrtes, Chapter 466, or otherwise. 310519~~1 N1.IM MLI210-159 ;. Notices. Ariy notices or correspondence required to be given under this Agreernent or any statute or ordinance shall be in writing and shall be deemed to be given if delivered personally or mailed postage-prepaid by certified mail, return receipt requested: a. As to Mounds View: City of Mounds View ?401 Highway 10 Mounds View, MN SS 112 ATTN: City Administrator b. As to Spring Lake Park City of Spring Lake Park 1301 8151 Avenue NE Spring Lake Park, MN 55412 ATTN: City Administrator or at such other address as either party may, from time to time, notify the other in writing in accordance with this paragraph. 4. Severability. hi the event that any provision of this Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section acid shall not invalidate or render unenforceable any other provision of this Agreement. 5. Nonwaiver. If either party waives any default or non-performance by the other party in writing, such waiver shall be deemed to apply only to sr.rch event and shall not waive any other prior or subsequent default. 6. Preamble and Recitals. The preamble and recitals set forth orr page one of this Agreement are incorporated into and made a part of this Agreement. 7. Paragraph and Section Headings. The paragraph and section headings used in this Agreement have no legal significance and are used solely for convenience of reference. 8. Entire Agreement. This Agreement and its Exhibits attached hereto, if any, evidence the entire agreement between the parties relating to the sr.rbject matter addressed herein and supersedes all other prior agreements and understandings, written or oral, between the parties. 9. Amendment. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreernent signed by the parties hereto or their successors. 10. Contract Administration. To the degree permitted by state law, Spring Lalce Park designates Mormds View as its representative authorized to act on Spring Lake Park's behalf with respect to this Agreernent. To the degree permitted by state law, Mounds View designates its City Administrator, or his/her designee as authorized in writing, as its representative authorized to act on Morulds View's behalf with respect to this Agreement. 310319v1 M1M MU210-ij9 11. Limitations. This Agreement is not intended to acid shall not create rights of any character whatsoever in favor of any person, corporation, association or entity other than the parties to this Agreeineiit and their successors and assigns, and the obligations herein assiuned are solely for the use and benefit of the parties to this Agreement and their successors and assigns. 12. Non-Assi iug_ dent. The parties hereto agree that neither party shall assign, sublet, transfer or pledge this Agreement and/or the services to be performed Hereunder, whether in whole or in part, without the prior written consent of the non-assigning party. 13. Counterparts. For the convenience of the parties, any number of counterparts hereof may be execued acid each such executed coiu~terpart shall be deemed an original, but all such counterparts together shall constitute oiie in the swine Agreement. 14. Data Practices. Data provided to either party or received from either party under this Agreement shall be administered in accordance with the Miiuzesota Government Data Practices Act, Minnesota Statutes, Chapter 13. [The remainder of this page is intentionally blai~l<.] 310819v1 M.IM MU210-159 IN TESTIMONY WHEREOF, the City of Mounds View has caused this Agreement to be executed the day and year first above written. CITY OF MOUNDS VIEW By: By: Rob Marty, Mayor James Ericson, Interim City Administrator IN TESTIMONY WHEREOF, the City of Spring Lake Parlc has caused this Agreement to be exec(.rted the day and year first above written. CITY OF SPRING LAKE PARK_ By: By: Bob Nelson, Mayor Barbara Nelson, City Administrator This doctunent drafted by: K.e(uiedy & Graven, Chartered (SJR.) 470 U.S. Bai~l< Plaza 200 South Sixth Street Mimieapolis, MN 55402 (612) 337-9300 310819v1 MJM MU210-Ij9 EXHIBIT A MOUNDS VIEW STREETS TO BE INCLUDED IN PROJECT 310319v1 MJM MU2I0-159 A-1 EXHIBIT B SPRING LAKE PARK STREETS TO BE INC.'LUDED IN PR®JECT 310819v1 MJM MU210-1~9 B-1