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Home My WebLink AboutCC RES 95-065 RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE CITY OF COLUMBIA HEIGHTS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103395 Box: 26 Folder: RES 1995 Document: CC RES 95-065 RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF 5T. ANTHONY AND THE CIN OF COLUMBIA HEIGHTS AND AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE SAID AGREEMENT CITY OF ST. ANTHONY RESOLUTION 95-065 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND THE CITY OF COLUMBIA HEIGHTS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the Cities of St. Anthony and Columbia Heights desire to install a traffic control signal system to be located on Stinson Boulevard at 39th Avenue N.E.; and WHEREAS, use of Minnesota State Aid Construction Funds for this project is allowed; and WHEREAS, both parties agree to participate in the construction, maintenance and operating costs of said signal system. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Joint Powers Agreement for the Placement, Construction and Operation • of a Traffic Control Signal System with the City of Columbia Heights and City of St. Anthony at 39th Avenue N.E. and Stinson Boulevard. Adopted this day of �Y , 1995. Mayor ATTEST: (:47 City Clerk Reviewed for administration: City M pager • JOINT POWERS AGREEMENT FOR THE PLACEMENT, CONSTRUCTION AND OPERATION OF A TRAFFIC CONTROL SIGNAL SYSTEM WITH THE CITY OF COLUMBIA HEIGHTS AND CITY OF ST. ANTHONY AT 39TH AVENUE N.E. AND STINSON BOULEVARD THIS AGREEMENT, made and entered into this � day of Dec_e-n�e-r 191 by and between the City of St. Anthony, a body politic and corporate under the laws for 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 traffic control signal system to be located on Stinson Boulevard at 39th Avenue N.E.; and 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 Minn. Stat: 471.59. NOW, THEREFORE, IT IS HEREBY AGREED: I. Columbia Heights will be the lead agency. Columbia Heights shall prepare or shall cause to be prepared the necessary plans, specifications, and proposals. The plans and specifications will be submitted for approval to the City Councils of both Columbia Heights and St. Anthony. Columbia Heights shall advertise for bids for the work and construction, receive and open bids pursuant to said advertisement. Each City Council will authorize award of the bid, reserving the right to reject any and all bids and to waive any informalities in any bids received without explanation. Upon award of bid, Columbia Heights shall 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; and shall assure that all required engineering and inspections are carried out to install a traffic control signal system on Stinson Boulevard at 39th Avenue N.E. Such installation, as described immediately above, shall be identified and accomplished under City of Columbia Heights Project No. 9124, 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 made a part of this Agreement hereof by reference. 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. Joint Powers Agreement ` Columbia Heights/St. Anthony Page 2 II. The construction of this project shall be under the supervision and direction of the Columbia Heights City Engineer in accordance with the plans. However, the City of St. Anthony shall cooperate with the City Engineer and his staff at their request to the extent necessary, but will have no 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/Licensing Department. Electrical inspection fees shall not be made more than those established by the State Board of Electricity in the most recent 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 traffic control signal system 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 performance bonds and insurance for the project in accordance with all applicable laws. V. The estimate of the total cost for the traffic control system, engineering, and other contract work to complete the project is $106,200. Each City Council shall approve the contract prior to its award. 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. • Joint Powers Agreement ` Columbia Heights/St. Anthony Page 3 VII. Columbia Heights shall be the only party authorized to revise, by addition or deletion, or alter or adjust any component, part, sequence, or timing of the aforesaid 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 repair or cause the maintenance and repair of said traffic control system. St. Anthony shall reimburse Columbia Heights for fifty percent (50%) of the electrical and maintenance costs reasonably necessary for the traffic control signal system located on Stinson Boulevard N.E. at 39th Avenue N.E., so long as such costs are paid in full by Columbia Heights. 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 Council Members and employees against all claims, demands, and actions, and all related costs and expenses (including attorney's 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 Council Members and employees against all claims, demands, and actions, and all related costs and expenses (including attorney's 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 include appropriate liability insurance protecting both Columbia Heights and St. Anthony and insuring the indemnification of both cities by the contractors. • • Joint Powers Agreement ` Columbia Heights/St. Anthony Page 4 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 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 Municipal State Aid Funding • to cover all eligible costs associated with the construction of the project, this project may be abandoned and this Agreement may be nullified by 14 day's written notice by either party to the other. No expenditure shall be authorized nor shall the project begin until such time that Municipal State Aid funding is obtained or authorized. Notwithstanding any provisions of this Agreement in the event that sufficient Municipal State 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. XIII. If one or more of the provisions contained in this Agreement shall, for any reason be held to be invalid, illegal or unenforceable, such invalidity or illegality shall not affect any other provisions of this Agreement; this Agreement shall be constructed as if such invalid, illegal or unenforceable provision had never been contained herein. XIV. • This Agreement constitutes the entire integrated Agreement between the parties hereto, and cancels and supersedes all prior negotiations, either written or oral, with respect to the subject matter hereof. Joint Powers Agreement ` Columbia Heights/St. Anthony Page 5 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 Clarence Ranallo, Mayor Mike ornson, City Manager CITY OF COLUMBIA HEIGHTS Joseph Sturdevant, Sr., Mayor APPROVED AS TO FORM: Patrick Hentges, City Manager City Attorney ESTIMATED COST FOR TRAFFIC SIGNAL STINSON BOULEVARD AND 39TH AVENUE N.E. DESCRIPTION PROJECT COST COST PARTICIPATION M.S.A.S SHARE LOCAL SHARE Eligible for M.S.A.S. Funding HEIGHTS MANOR STINSON BLVD 39TH AVENUE N.E. DRIVEWAY COLUMBIA HEIGHTS ST.ANTHONY ST.ANTHONY COLUMBIA HEIGHTS CONSTRUCTION COST $90,000.00 $22,500.00 $22,500.00 $22,500.00 $22,500.00 ENGINEERING COST DESIGN (10%) $9,000.00 $2,250.00 $2,250.00 $2,250.00 $2,250.00 CONSTRUCTION (8%) $7,200.00 $1,800.00 $1,800.00 $1,800.00 $1,800.00 TOTAL COST $106,200.00 $26,550.00 $26,550.00 $26,550.00 $26,550.00 ' R