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Home My WebLink AboutCC RES 92-007 RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE CITY OF COLUMBIA HEIGHTS FOR A PEDESTRIAN SIGNAL AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103545 Box: 26 Folder: RES 1992 Document: CC RES 92-007 RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE CIN OF COLUMBIA HEIGHTS FOR A PEDESTRIAN SIGNAL AND AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE SAID AGREEMENT CITY OF ST. ANTHONY RESOLUTION 92-007 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT WITH THE CITY OF COLUMBIA HEIGHTS FOR A PEDESTRIAN SIGNAL AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the Cities of St. Anthony and Columbia Heights desire to install a pedestrian/traffic signal to be located on Stinson Boulevard between 38th Avenue N.E. and 39th Avenue N.E.; and WHEREAS, both parties have expressed willingness to participate on the construction, maintenance, and operational costs of said signal system. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves the agreement with the City of Columbia Heights for said pedestrian/traffic signal and authorizes the Mayor and City Manager to execute said agreement on behalf of • the City of St. Anthony. Adopted this 1 l day of c ) 1992. Mayor ATTEST: , City Clerk Reviewed for administration: City Manager • EXHIBIT "A" COST PARTICIPATION FOR PEDESTRIAN CROSSING LOCATION: STINSON BLVD. N.E. BETWEEN 38TH AVE . AND 39TH AVE . TOTAL COLUMBIA ST . DESCRIPTION COST HEIGHTS ANTHONY • Construction Cost $40, 000 $20, 000 $20, 000 Engineering Cost 7, 200 3, 600 3, 600 TOTAL $47, 200 $23, 600 $23, 600 • Joint Powers Agreement • St. Anthony/Columbia Heights Page 1 JOINT POWERS AGREEMENT FOR THE PLACEMENT, CONSTRUCTION, COSTS, AND OPERATION OF A TRAFFIC CONTROL SIGNAL SYSTEM FOR PEDESTRIANS �1 AGREEMENT, made and entered into this day of �-l� cf_ , 19q-L , by and between the City of St. Anthony, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as "St. Anthony, " and the City of Columbia Heights, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as • "Columbia Heights." WITNESSETH: WHEREAS, it is considered mutually desirable to install a pedestrian/traffic control signal system to be located on Stinson Boulevard between 38th Avenue N.E. and 39th Avenue N.E. within the County of Ramsey and the County of Anoka. WHEREAS, both parties have expressed willingness to participate in the construction, maintenance and operating costs of said signal system; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec. 162.61, Subd. 1 and Sec. 471.59. • NOW, THEREFORE, IT IS HEREBY AGREED: Joint Powers Agreement St. Anthony/Columbia Heights • Page 2 I. Columbia Heights will be the lead agency, shall prepare or shall cause to be prepared the necessary plans, specifications, and proposal; shall advertise for bids for the work and construction, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; shall administer the contract or cause the administration of the contract; shall assure that all required engineering and inspections are carried out; and shall install pedestrian/traffic control signals at the west side of Stinson Boulevard between • 38th Avenue N.E. and 39th Avenue N.E. within Anoka County. Such installation, as described immediately above, shall be identified and accomplished under City of Columbia Heights Project No. 8922, hereinafter referred to as the "project, " all in accordance with said project plans and specifications which plans and specifications are hereinafter referred to as the "Plans" and are by this reference made a part hereof. The construction of this project shall be under the supervision and direction of Columbia Heights' City Engineer in accordance with the Plans. However, the other party shall cooperate with the City Engineer and his staff at their request to the extent necessary, but will have no responsibility for the • 4 Joint Powers Agreement • St. Anthony/Columbia Heights Page 3 supervision of the work. Notwithstanding anything herein to the contrary, Columbia Heights may retain consultants or other professionals to perform any or all of the responsibilities and/or duties of Columbia Heights herein. III. Both cities agree that any license required to perform electrical work must be obtained through the Columbia Heights Inspection Department. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. • Both parties also agree to provide all necessary permits and permission to construct said signal system at no cost. IV. Columbia Heights shall install, or cause the installation of adequate three wire, 120/240 volt, single phase, alternating current electrical power connections to the controller cabinet. The costs, if any, for the installation of the power sources, shall be shared equally by both parties. Columbia Heights shall also provide the electrical energy for the operation of the pedestrian/traffic control signal to be installed. The electrical costs will be shared by both parties as stipulated in Article VIII of this Agreement. Columbia Heights will enter into • appropriate contracts and will obtain appropriate payment and Joint Powers Agreement St. Anthony/Columbia Heights • Page 4 performance bonds and insurance for the project in accordance with all applicable laws. V. St. Anthony shall reimburse Columbia Heights for fifty percent (50%) of the construction of the contract work and engineering costs for the project. The estimate of the total cost for the pedestrian crossing signal, engineering, and other contract work to complete the project is $39,200.00 VI. All records kept by each party with respect to this project shall be subject to examination by the representatives of the • other parties hereto. VII. Columbia Heights shall be the only party authorized to revise by addition to deletion, or alter or adjust any component, part, sequence, or timing of the aforesaid pedestrian/traffic control signal system; however, any change in the Plans for the project shall require the written consent of St. Anthony. VIII. Upon completion of the work, Columbia Heights shall maintain - and and repair or cause the maintenance and repair of said pedestrian/traffic control signal system. St. Anthony shall reimburse Columbia Heights for fifty percent (50%) of the electrical and maintenance cost reasonably • Joint Powers Agreement St. Anthony/Columbia Heights Page 5 necessary for the pedestrian/traffic signal system located between 38th Avenue N.E. and 39th Avenue N.E. on the west side of Stinson Boulevard N.E. It shall be the responsibility of Columbia Heights to invoice St. Anthony for the aforestated reimbursements together with information reasonably necessary to support the invoiced amounts. Reimbursements shall be remitted to Columbia Heights within thirty (30) days of receipt of said invoices. IX. Columbia Heights and St. Anthony each hereby agree to indemnify and hold harmless the other and its Councilmembers and employees against all claims, demands and actions, and all related costs and expenses (including attorneys' fees) for any injury, death, disability or illness of any person, or damage to property, arising out of work on the project conducted by the employees of the indemnifying party. Columbia Heights and St. Anthony shall require all contractors for the project to include a provision indemnifying Columbia Heights and St. Anthony and their Councilmembers and employees against all claims, demands, and actions, and all related costs and expenses (including attorneys' fees) for injury, death, disability or illness of any person, or damage to property, arising out of the work on the • project by the contractor or its subcontractors. Columbia Heights and St. Anthony will further require all contracts to Joint Powers Agreement St. Anthony/Columbia Heights Page 6 include appropriate liability insurance protecting both Columbia Heights and St. Anthony and insuring the indemnification of both cities by the contractors. X. It is further agreed that any and all employees of either party of this agreement and all other persons engaged by that party in the performance of any work or services required or provided herein to be performed by that party shall not be considered employees of the other party, and that any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the other party. , XI. In the event that the parties to this agreement are unable _ to obtain Minnesota State Highway Aid Funding to cover all costs _ associated with the construction of the project, this project may.; be abandoned and this agreement may be nullified by written notice by either party to the other. No expenditures shall be authorized nor shall the project begin until such time that Minnesota State Highway Aid Funding is obtained or authorized. • Joint Powers Agreement St. Anthony/Columbia Heights Page 7. Notwithstanding any provisions of this agreement in the event that sufficient Minnesota State Highway Aid Funding is not obtained, any expenses incurred or authorized by either party shall be the sole responsibility of the party authorizing the same. XII. Each party agrees to grant to the other party and its employees or agents the right to the use of any and all public easements for the purpose to enter, construct, and/or maintain the project. IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ST. ANTHONY (Seal) By: Mayor By; City Manager Date• a-- Joint Powers Agreement St. Anthony/Columbia Heights • Page 8 CITY OF COLUMBIA HEIGHTS (Seal) By: f � Mayor By. City Manager Date: ADDros to legality: B City Att rney Date• 10 , 36 -9 • •Jw I • Joint Powers Agreement St. Anthony/Columbia Heights Page 7. Notwithstanding any provisions of this agreement in the event that sufficient Minnesota State Highway Aid Funding is not obtained, any expenses incurred or authorized by either party shall be the sole responsibility of the party authorizing the same. XII. Each party agrees to grant to the other party and its employees or agents the right to the use of any and all public easements for the purpose to enter, construct, and/or maintain the project. IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF ST. ANTHONY (Seal) By: Mayor By: City Manager Date• //0 / /!�--- i Joint Powers Agreement St. Anthony/Columbia Heights • Page 8 CITY OF COLUMBIA HEIGHTS (Seal) By: Mayor By. City Manager Date: 1 Aio1DrA s to legality: B • - City Att rney Date: l0