Loading...
HomeMy WebLinkAboutRES 81-027 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE JOINT POWERS AGREEMENT BETWEEN ST. ANTHONY AND ROSEVILLE FOR STORM SEWER, STREET IMPROVEMENT AND WATER MAIN CONSTRUCTION Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102674 Box: 23 Folder: RES 1981 Document: RES 81-027 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE JOINT POWERS AGREEMENT BETWEEN ST. ANTHONY AND ROSEVILLE FOR STORM SEWER; STREET IMPROVEMENT AND WATER MAIN CONSTRUCTION RESOLUTION 81-027 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE JOINT POWERS AGREEMENT BETWEEN ST. ANTHONY AND ROSEVILLE FOR STORM SEWER, STREET IMPROVEMENT AND WATER MAIN CONSTRUCTION BE IT RESOLVED that the Mayor and City Manager are authorized to execute the Joint Powers Agreement between St. Anthony and Roseville for storm sewer, street improvement and water main construction on ., behalf of the City of St. Anthony. Adopted thisage day of Apr-; l 1981. T i M or ATTEST: City Clerk Reviewed for administration: City Mana JOINT POWERS AGREEMENT BETWEEN ST. ANTHONY AND 'ROSEVILLE FOR STORM SEWER, STREET IMPROVEMENT AND WATER MAIN CONSTRUCTION THIS AGREEMENT is made as of " ���L��� 1981 , by and between the CITY OF ST. ANTHONY," a municipal corporation under the laws of the State of Minnesota ( hereinafter called "St. Anthony" ) and the CITY OF ROSEVILLE, a municipal corporation under the laws of the State of Minnesota ( hereinafter called "Roseville" ) . WITNESSETH THAT: WHEREAS , St . Anthony and Roseville ( hereinafter sometimes collectively called the "Cities" ) eac,h 'have certain powers common to both Cities , including the power to construct storm sewers, street reconstruction and water mains; WHEREAS , certain economies of scale can be achieved if the Cities jointly and cooperatively exercise the powers described above; WHEREAS , Minnesota Statutes §471 . 59 provides that two or more cities, by agreement entered into through the action of their governing bodies , may jointly or cooperatively exercise any power common to the cities , including .those powers which are the same except for the territorial limits within which they may be exercised; WHEREAS , Minnesota Statutes §471 . 59 further provides that an agreement for such joint exercise of powers may provide for the exercise of such powers by one of the cities on behalf of the other ; WHEREAS , the City Councils of both Cities have determined that it will be in the best interest of their respective Cities to jointly and cooperatively exercise such powers in the manner provided for herein , and that the same shall be for the mutual benefit of the Cities; WHEREAS , the Cities desire to commence a single , joint construction project ( hereinafter called the "Project" ) consisting of the following three ( 3) parts: ( a) The installation of a storm sewer system to •. drain certain areas of both St. Anthony and Roseville; (b) The reconstruction of a portion of Anthony Lane North located entirely within St. Anthony; and ( c) The construction of a municipal trunk watermain loop system to be located entirely within Roseville; WHEREAS , the Cities wish to set forth their agreements and understandings relating to the Project and the sharing by the C-ities of the cost thereof. NOW THEREFORE, in consideration of the above premises and of the mutual. convenants and agreements contained herein , the Cities hereby agree as follows: • -2- • 1 . Project Engineer . The Cities mutually agree upon the firm of Short, Elliott, Hendrickson, Inc. ( hereinafter called the "Engineer " ) to, do the engineering work in connection with the Project. 2. Administration of this Agreement and the Project. This Agreement and the Project, and related matters including the advertisement for bids and the award of a construction contract for the Project, shall be administered by St. Anthony, with advice and consultation, and supervision of the Project, by the Engineer . 3 . Preparation of Plans; Description of Project. As soon as is reasonably possible,-- the Engineer shall cause construction plans and specifications to be • prepared for the Project ( hereinafter called the "Plans" ) . The Plans shall be divided into the following three ( 3 ) sections: ( a) Section I . A storm sewer system ( hereinafter called the "Storm Sewer" ) to drain certain areas within St. Anthony and Roseville. These areas shall be as designated in the Joint Power Agreement Storm Sewer Feasibility Study prepared by Short , Elliott , Hendrickson, Inc. and dated November , 1950 . The Storm Sewer shall be constructed in the right-of-way of Anthony Lane North in St. Anthony and in an easement to be obtained by Roseville over certain property in Roseville adjoining the St. Anthony property. ( b) Section II . Street reconstruction ( hereinafter called the "Street Reconstruction" ) for Anthony Lane North from Ramsey County Road "C" to a terminus -3- • approximately 900 feet northeasterly of Ramsey County Road "C" . The Street Reconstruction will be entirely within the boundaries of St. Anthony and within the existing right-of-way of Anthony Lane North. ( c) Section III . A municipal trunk watermain loop system ( hereinafter called the "Watermain" ) . The Watermain shall run between Ramsey County Road "C" and County Road "C-2" in a northerly and easterly direction. The Watermain will be entirely within- the boundaries, of Roseville and within existing easements in favor of Roseville or easements to be acquired by ---__ _Roseville at its sole expense prior to the award___qf any contract for the Project. 4 . Submission of Plans—to the City Councils. As soon as the Plans have been obtained, St. Anthony shall submit the Plans to the City Councils of both Cities for review and approval. If either City fails to approve the • Plans within thirty ( 30) days after they are submitted to that " City' s Council, either City shall have the right to terminate this Agreement by written notice to the other . If the Plans are approved by the City Councils of both Cities, St. Anthony shall proceed with advertisements for bids. 5 . The Construction Contract. The construction contract for the Project ( hereinafter called the "Contract" ) shall include provisions for the following : ( a) A comprehensive liability insurance policy to be obtained by the Contractor and naming both of the Cities as insureds. ( b) Indemnification of both Cities by the Contractor . • -4- (c) Payment and performance bonds in the full amount of the Contract to be obtained by the Contractor and naming both Cities as obligees . 6 . Bidding and Award of the Contract. After the Plans have been approved by the City Councils, St. Anthony shall advertise for -construction bids , and each. City shall determine whether to accept a bid and award the Contract. If all bids . are rejected , St. Anthony may re-bid the Project or may terminate this Agreement by written notice to Roseville. If the lowest responsible bidder , based on the total bid for the entire Project, is acceptable to both Cities , both City Councils shall adopt appropriate resolutions awarding the Contract to the contractor who • made such bid ( herein called the "Contractor" ) . Any change orders to the Contract shall require the approval of each City. 7 . Execution .of the Contract. St. Anthony and the Contractor shall execute the Contract. 8 . Sharing of Project Costs . The costs of the Project (hereinafter called the "Project Costs" ) shall be shared as follows: ( a) Storm Sewer . ( i) Engineering , Legal and Administrative Costs. St. Anthony shall pay fifty-eight percent ( 58% ) and Roseville shall pay forty-two percent (42% ) of all out-of-pocket engineering, legal and administrative costs incurred by St.' Anthony in connection with the • Storm Sewer . -5- i • ( ii ) Construction Costs. St. Anthony shall pay fifty-eight percent ( 58% ) and Roseville shall pay forty-two percent (42%) of all amounts paid for the Storm I Sewer pursuant to the Contract. F (b) Street Construction. All engineering , legal , administrative and construction costs in connection with the Street Reconstruction shall be paid by St. Anthony. (c) Watermain. All engineering , legal, administrative and construction costs in connection with the Watermain shall be paid by Roseville. 9 . Payment of Project Costs . ( a) Storm Sewer . At the time the Contract is awarded, Roseville shall pay St. Anthony fifty percent (50% ) of the amount the Engineer estimates as Roseville' s share of the Project Costs for the Storm Sewer . After completion of the Storm Sewer and before final payment to the Contractor is • due, Roseville shall pay the balance of its share of the Project Costs for the Storm Sewer to St. Anthony, based upon the actual Project Costs for the Storm Sewer . St. Anthony shall pay its share of the Project Costs for the Storm Sewer as and when due. (b) Street Reconstruction. St. Anthony shall pay the Project Costs for the Street Reconstruction as and when due. .( c) Watermain. At the time the Contract is awarded, Roseville shall pay St. Anthony fifty percent ( 50% ) of the amount the Engineer estimates as Roseville' s share of the Project Costs for the Watermain. After completion of the Watermain and before final payment to the Contractor is due, Roseville Y shall pay the balance of its share of the Project Costs for the Watermain to St. Anthony, based upon the actual Project Costs for. the Watermain. -6- 4 '• • I 10 . Cooperation. St. Anthony and Roseville agree to cooperate fully with each other and with the Engineer so that the Plans may be prepared and the Project completed as soon as possible. 11 . Indemnification. The Contract shall provide for indemnification of both Cities by the Contractor . Neither City shall be responsible for , or in any manner liable for , any claim, demand, action or cause of action of any kind arising out of St. Anthony' s performance or failure to perform under this Agreement, whether based on negligence or otherwise. , 12. Liability Insurance . Each City agrees to i maintain comprehensive general liability insurance in i • reasonable amounts protecting itself from liability with respect to accidents occurring within its territorial limits or arising out of the performance of this Agreement, and for injuries or deaths arising out of any accidents- related to the Project or this Agreement. 9 13 . Employees. No employee or official of e.ither. of the Cities shall at any time or in any manner be 6. deemed to bean employee or official of the other City by reason of the performance of work or the providing of services within the territorial limits of the other City, or on behalf of the other City, pursuant to this Agreement. I SII -7- i i I y i • . 14 . Disbursement of Funds. Both Cities hereby agree that public funds may be disbursed to St. Anthony in the manner provided in this Agreement to carry out the purposes .hereof. Any contract let or purchase made in 1 connection with this Agreement shall conform to applicable I requirements of state law. St. Anthony shall strictly account for all funds disbursed pursuant to this Agreement and shall report to Roseville concerning all receipts and disbursements in connection with this Agreement. 15 . Assignment. This Agreement may not be assigned by either party hereto without the prior written consent of the other party; provided, howeve-r , that St. Anthony may contract with other, parties and may employ • individuals to perform the services to be performed by it hereunder . 16 . Modification. This Agreement embodies the entire Agreement between the Cities with respect to the subject matter hereof, and all prior discussions , negotiations and agreements are merged herein. This Agreement may be amended or modified only by an agreement in writing authorized by the City Councils of both Cities and executed on behalf of both Cities. 17 . Term of this Agreement. The term of this Agreement shall extend through the date of completion of the Project or termination of the Agreement as herein -8- • provided and through full reimbursement of St. Anthony by I Roseville for its share of the costs provided, for herein. 18 . Notices. The following persons are hereby designated as the principal contact persons for the Project, and all notices and communications should be directed to them: City of St. Anthony: Larry Hamer City of Roseville: Charles Honchell IN WITNESS WHEREOF, the parties hereto have • caused this Agreement to be executed as of the day and year first above written.. CITY OF ST. ANTHONY By24�� Its Mayor And is City nager -9- i • CITY OF ROSEVILLE By Its Mayor And is City anager t -10-