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Home My WebLink AboutCC RES 92-014 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITIES FO ST. ANTHONY AND ROSEVILLE REGARDING IMPROVEMENTS TO OLD HIGHWAY 8 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIII IIIIIIII 103551 Box: 26 Folder: RES 1992 Document: CC RES 92-014 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITIES FO ST. ANTHONY AND ROSEVILLE REGARDING IMPROVEMENTS TO OLD HIGHWAY 8 a J • CITY OF ST. ANTHONY RESOLUTION 92-014 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITIES OF ST. ANTHONY AND ROSEVILLE REGARDING IMPROVEMENTS TO OLD HIGHWAY 8 WHEREAS, the Cities of St. Anthony and Roseville desire to improve portions of Old Highway 8; and, WHEREAS, it is the desire of said cities to make said improvements to Old Highway 8 jointly with Roseville coordinating the project and the cost thereof being shared by the two Cities. NOW, THEREFORE,BE IT RESOLVED, that the City Council of the City of St. Anthony • hereby authorizes the Mayor and City Manager to execute the agreement with the City of Roseville for improvements to Old Highway 8 on behalf of the City of St. Anthony. Adopted this 11 ' day of Fe�p r U-,-L-r-�J , 1992. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • r ' AGREEMENT BETWEEN • CITY OF ROSEVILLE AND CITY OF ST. ANTHONY This Agreement entered into this 24 th day of February , 1992__,by and between the Cities of Roseville and St.Anthony,municipal corporations in Ramsey County,Minnesota,hereinafter referred to as"Roseville"and"St.Anthony", respectively. RECITALS: 1. Both Roseville and St.Anthony desire to improve portions of Old T.H. 8. St.Anthony desires to improve that portion of Old T.H. 8 within the City of St. Anthony that lies between T.H. 88 and County Road C-2(hereinafter referred to as"St.Anthony Segment"). Roseville desires to improve that portion of Old T.H.8 with the City of Roseville that lies between County Road C-2 and County Road D (hereinafter referred to as"Roseville segment"). 2. Both segments of Old T.H. 8, St. Anthony Segment and Roseville Segment, are designated as Municipal State Aid roadways. Both St. Anthony and Roseville intend to submit plans for their • segments to the Minnesota Department of Transportation for approval of the use of Municipal State Aid Funds. 3. It is the desire of Roseville and St.Anthony to make said improvements to Old T.H. 8 jointly with Roseville coordinating the project and the cost thereof being shared by the two cities. 4. This Agreement sets forth the agreement between Roseville and St.Anthony for said improvements to Old T.H. 8 pursuant to the Joint Power Act, Minn. Stat. 471.59. NOW THEREFORE, BE IT AGREED by the City of Roseville, Minnesota, and the City of St. Anthony, Minnesota, as follows: 1. Roseville and St.Anthony will prepare final plans and specifications for their respective segments separately. The two separate plans will be combined by Roseville for bid letting and construction purposes. The construction contract will be segmented to insure that project cost can be split by segment. 2. Each municipality will be responsible for acquiring all agency approvals for their own segment. Each municipality must gain necessary approvals prior to the scheduled construction start date. • The construction contract shall be written to allow the deletion on any segment should necessary approvals not be obtained in a timely fashion. • 3. The option to participate in the project shall be subject to any necessary public hearings. Neither City Council binds itself to this project until after such public hearing,at which time said option may be exercised. 4. Roseville and its Public Works Department shall act as the coordinator of the project. Once the necessary plans and specifications for the project(the"Plans")have been prepared and approved by Roseville and St.Anthony,Roseville shall advertise for bids for the work,shall receive and open bids pursuant to such advertisement,and shall enter into a contract with the successful bidder at the unit prices specified in the bid of that bidder. Roseville shall administer the contract and assure that all required engineering and inspections are carried out in accordance with the Plans. St.Anthony shall cooperate with Roseville and its engineers and staff, but St. Anthony shall have no responsibility for supervision of the work. All records kept by each city with respect to the project shall be subject to examination by the representatives of the other city. Roseville shall be the only party authorized to make modifications in the project by addition or deletion,or to alter or adjust any component, sequence, or timing of the work to be performed under the contract; provided, however,that any change in the Plans for the project or in the scheduling of the completion of the St.Anthony Segment of the project shall require the written consent of St. Anthony. 5. Roseville shall provide field inspection and contract administration services for both segments. Roseville will account for all costs associated with project inspection and contract administration so that these costs may be properly distributed to each segment. • 6. At the time of award of the construction contract, St. Anthony shall pay 90% of the estimated amount of its share of the construction cost of the St.Anthony segment of the project to Roseville; after completion of the project and before final payment to the contractor,St.Anthony shall pay the remainder of its share of the construction cost of the St.Anthony segment of the project based upon the actual costs thereof. 7. Upon completion of the project, St. Anthony will pay Roseville 100% of the cost for project inspection and contract administration services provided by Roseville that are attributed to the St. Anthony segment of the project. These costs will be based on an hourly cost and reimbursable expenses as described below. Costs will be accounted through Roseville's existing cost accounting system. Hourly cost--The hourly salary paid to employee plus a multiplier of 1.99 to cover fringe benefits and overhead. Reimbursable expenses--Transportation expense in an amount of$0.28 per mile traveled for travel attributable solely to the St. Anthony segment of the project. 8. Larry Hamer for the City of St. Anthony and Steven D. Gatlin for the City of Roseville are designated as the principal contact persons. • 9. Roseville and St.Anthony each hereby agree to idemnify and hold harmless the other city and its council members 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. Roseville and St. Anthony shall require all contractors for the project to include a provision indemnifying Roseville and St. Anthony and their council members 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. Roseville and St.Anthony will further require all contracts to include appropriate liability insurance protecting both Roseville and St.Anthony and insuring the indemnification of both cities by the contractors. 10. It is agreed that any and all employees of either city 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 city,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. 11. 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 as the Minnesota State Aid Highway funding is obtained or authorized. Notwithstanding any provisions of this Agree- ment, in the event that sufficient Minnesota State Aid Highway funding is not obtained, any expenses incurred or authorized by either party shall be the sole responsibility of the party authorizing the same. IN WITNESS WHEREOF, the City of Roseville has caused this agreement to be executed on its behalf,by its proper officers,and the City of St.Anthony has caused this agreement to be executed on its behalf by its proper officers. CI OF ROSEVILLE CITY OF ST.ANTHON Mayor Mayor City Manager City Manager or Clerk •