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Home My WebLink AboutContract 2011 2384 b � ZO ' f;l 2584 JOINT POWERS AGREEMENT Between the CITY OF COLUMBIA HEIGHTS And INDEPENDENT SCHOOL DISTRICT NO. 13 THIS AGREEEMENT is made by and between the City of Columbia Heights, a Minnesota municipal corporation ( "the City "), and Independent School District No. 13, a Minnesota municipal corporation ( "the District), collectively referred to herein as "the Parties" and individually as a "Party." Article 1 Enabling Authority Minnesota Statutes section 471.59 provides that two or more governmental units may by agreement jointly exercise any power common to the contracting parties. Minnesota Statute sections 123B.02 and 123B.51 provide school districts with authority to construct school buildings and utilize them for community recreational purposes. Minnesota Statutes sections 471.15 -.191 provide school districts and cities with authority to acquire and operate facilities for community recreational programs. Article 2 Purpose The Parties desire to establish a mechanism whereby they may jointly exercise powers common to each participating Party concerning the following: A. The construction, maintenance and operation of recreational facilities at the current Ramsdell Park (The Park), 4956 Johnson Street NE, in Columbia Heights. The location and extent of the recreational facilities is indicated on the attached Exhibit B ( "Facilities "). Said Facilities include an athletic field, walking trails, park shelter (2), a wading pool, parking lot and playground. B. Provide other similar or related services and programs as determined by the Parties. Nothing in this Agreement shall act as a waiver by a participating Party of its individual power and legal authority to provide recreational facilities. Article 3 Name The name of this joint powers entity shall be the Columbia Heights Ramsdell Park Cooperative ( "CHRPC "). Article 4 Governance 4.1 The Parties shall govern and control the Facilities as provided within this Agreement. There shall be no joint powers board. 4.2 The District acknowledges that the Facilities are situated entirely upon the City's land and adjacent to the Senior High School, and that the Athletic Field will be primarily, but not exclusively, for extra - curricular and co- curricular activities. 4.3 The District acknowledges that redevelopment of the park is financed by the City and intended to be utilized primarily by the community at large. Subject to the District's need for athletic programming for its students, staff and property, access to and use of said portion of the Facilities is to be determined and coordinated by the City as further set forth in this Agreement. Article 5 Management of Facilities 5.1 Control and Access. 5.1.1 Access to the entire Facilities is open to the public except for the Athletic Field and Park Shelter, which uses are scheduled through the City's Recreation Department. 5.1.2 Except as otherwise provided in this Article, the city shall have the exclusive right to control the usage of the Park and related ar subject to City and District policies and state law insofar as they regulate the use of public school property, including but not limited to, restrictions on smoking, alcohol, and weapons. 5.2 Maintenance. 5.2.1 Following final completion and acceptance of the Facilities, including all restoration and startup work, the City shall maintain the Park and related areas. During District use of the Athletic Field, District staff may assist the City with the maintenance of the Athletic Field. In the event there are any concerns or issues with the maintenance of the Facilities, the party with concerns shall contact the representative for the other party and seek resolution. The representative for the District is the District Director of Business Services. The representative for the City is the Director of Public Works or his or her designee. If a concern or issue remains unresolved, it shall be referred to the City Manager. 5.2.2 In case of emergency where damage to person or property is imminent or is of such likelihood and urgency that approval by the City is not practicable, notice shall be given to the City Manager as soon as reasonably possible and the District shall take such steps as are reasonably necessary to eliminate the threat of damage to person or property. The District shall invoice the City for the actual cost of the work, including the cost of District personnel, if any. Said invoice shall be paid within 30 days from the date of the invoice. 5.3 Scheduling. 5.3.1 The City shall schedule the use of the Athletic Field and related facilities. The District shall provide the City an annual schedule of programming for review by the City for coordination of scheduling activities of the Athletic Field. The District shall have access to and the use of the Athletic Field, as indicated in Exhibit B, for District girls softball activities for spring programming. The City's approval of the schedule shall not be unreasonably withheld. The District's schedule shall be deemed approved by the City unless the city submits written objections within two weeks after receipt of the schedule. 5.4 Utilities. 5.4.1 Water shall be provided to the Facilities by the City without cost to the District. 5.4.2 In the event that any Athletic Field improvements are in need of repair or replacement, the Parties shall split the cost of the repair or replacement. Each Party's respective share shall be calculated on the basis original cost share of this agreement. 5.5 Parking Lot. The District hereby provides and allows access onto land for the purposes of expanding the easternmost parking lot as shown in Exhibit B. All other District parking lots and private roads or drives shall continue to be utilized exclusively for District staff, students and guests. Upon completion and acceptance of the parking lot improvements by the District, the District shall maintain the parking lot and all related areas. Article 6 Insurance and Liability 6.1 The City shall provide property and general liability coverage for the park reconstruction up to the limits contained in Minnesota Statutes section 466.04, as amended. The Party responsible for the cost of deductibles and uncovered claims or losses shall be determined by the location where the damage or injury occurred and the Party who controlled the premises or activity at the time the damage or injury occurred. Property damage and personal injuries occurring within the Park and related facilities during construction are presumed to be the responsibility of the City. 6.2 Notwithstanding any other provision of this Agreement, each Party shall be responsible for injuries to its own employees to the extent required by law. Each party will maintain workers' compensation insurance or self - insurance covering its own employees while they are providing services or activities within the Facilities. Each Party waives the right to sue the other Party for any workers' compensation benefits paid to its own employees or their dependents, even if the injuries were caused wholly or partially by the negligence of the other Party or its employees. 6.3 To the full extent permitted by law, actions by the Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes section 471.59, subdivision la(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. The Parties to this Agreement are not liable for the acts or omissions of the other Party to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Party. Article 7 Facility Funding and Construction 7.1 The plans and specifications for construction of the Facilities were approved by the City Council prior to any work commencing on the project. All substantial modifications to the approved Facilities design that occur during construction shall be approved by the City Engineer. Oversight and management of the construction project shall be undertaken by the City. 7.2 The initial cost of constructing the Facilities shall be borne by both Parties with the City contributing up to $323,794 and the District contributing up to $85,036 ( "Construction Funds "), as identified on Exhibit A. Additional District contributions to the initial construction cost shall be made only after District approval of the additional costs. 7.3 CHRPC shall not have authority to issue bonds or otherwise incur debt. Article 8 Term This Agreement shall commence upon approval of the governing body of each Party and signature of the official(s) with authority to bind the Party. This Agreement shall remain in effect until rescinded or terminated upon 160 day written notice by either party after 10 years from commencement of the agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the persons authorized to - as their respective Parties on the date shown below. City of Col 4; i s Heigh , Independen Sc of District i . 13 Gary L. Pet • rson, ayor u t erinten• e P By: Walter R. Fe�hst, City Manager Director of Finance :• Operations Date: ‘/3// Date: EXHIBIT A Columbia Heights Ramsdell Park Cooperative Agreement (CHRPC) Add alternates funded by Independent School District No. 13 A.3 Outfield Fencing /Warning Track $24,098 A.4 Batting Cage $11,805 A.5 ISD 13 Parking Lot Expansion $38,102 A.7 Drinking Fountain at Ball Field $ 4,842 A.10 Concrete Maint. Strip - outfield $ 4,937 A.11 Concrete Maint. Strip- batting cage $ 1,250 EXHIBIT B NEW PLAYGRO I l J I _ -J WITH ADJACENT j ' I , f - 1 •, 1 - LI i ,:r---';', r �, y ,' \/ PICNIC SHELTER i I I € e._ IIL - -- 1 i 1 I Y i I _x 1 yl Y ._ I • i j am : . Q• -- I_i I.. o / . ..A HEIR i f I • v , L I ,t , ' '/ u • ® 1 i 1 _, , \ mss Ram 1 fflEj, - ... __. . % / (/, \ , NEW ASPHALT., ®CAI ` . 1. _ 1 i ` : j TRAILS I I .. \ If1 k . I arm I • • N i e ` _ NEW PARKING WO t \ ,I � , K . /. 1 71 _ / /_I_ STALi:S \ ` \, 5 r \ _ . \ - 1 • � 1 ? \''''.,.. � � + I — °� 7_, (_ 1 NEW BALLFIELD / ( i . /.'''':'' ' -'' 4 \ WITH DACKST ACKSTOP ,�'/� t i / i�l FENCING, BATTING c 4 . / / . S CAGE R AMENITIES ! t J /: 9 I ' ,, t 1i _ ° t � , �` !.- NEW ASPHALT { 1 hs I - TRAILS' LL x '31 � _ J -- I I I II � ‘A 11 I. e _ _._ _ 1 A . ` 1! 44 fi;11 NEW PARKING LOT --'`: - - -� [ EXPANSION 1' - 1 1 I . � 9D h k i :j Jo Jo ro .:9r 6 i - �. :Scatc3O - _ __..:42 1 d s1 / �1 CPC CHANGE ORDER NO. 1 Project: Ramsdell Park Improvement City Project: 1106 Owner: City of Columbia Heights Date of Issuance: 7/25/2011 637 38th Avenue N.E. Columbia Heights,MN 55421 ISD#13 Engineer: City Engineer 1440 49th Ave NE Columbia Heights,MN 55421 Contractor: C. Mogren 17805 Foxhill Avenue North Hugo,MN 55038 You are directed to make the following changes in the Contract Documents: Description: Addition: Athletic Field Scoreboard Purpose of Change Order: Furnish and install one NEVCO Model 1510 scoreboard and NEVCO Control Package MPC control with a TCS- 5 overlay handheld switch, carrying case,and Installation package,as supplied by North Star Scoreboards. Installation shall be as per manufacturer's instructions. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time:N/A $85,306,00 Previous Change Orders No._to No. Net Change from Previous Change Order: None Agreement Price Prior to this Change Order: Contract Time Prior to this Change Order: $85,306.00 Net Increase of this Change Order: Net Increase(Decrease)of Change Order: $7,286.50 No Change Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $92,322.50 r Reco % ended- Approve / B Y r, „AI r .... By:, ;, _ _ C. ng. .-er (ISD#13) Ap ed :' ..--- 6,) , _Wit; ehst,City anager / L E 6 . CHRPC CHANGE ORDER NO.2 Pro°ect: Ramsdell Park Im'roveneent Ci Pro'ect: 1106 Owner: City of Columbia Heights Date of Issuance: March 2,2012 637 38th Avenue N.E. Columbia Heights,MN 55421 ISD#13 Engineer:City Engineer 1440 49th Ave NE Columbia Heights,MN 55421 Contractor: C.Mogren 17805 Foxhill Avenue North Hugo,MN 55038 You are directed to make the following changes in the Contract Documents: Description: Addition:Athletic Field Bleacher(1) Purpose of Change Order: Furnish and install one Aluminum 5-row 21'Bleacher,w/ uard rails and aisle. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time:N/A $85,306.00 Previous Change Orders No.1 to No. 1 Net Change from Previous Change Order: None Agreement Price Prior to this Change Order: Contract Time Prior to this Change Order: - $92,322.50 Net Increase of this Change Order: Net Increase(Decrease)of Change Order: $4,964.29 No Change Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: 7,286.79 Recosx} - ed - Approv. By !Ail I I By ;/ Ci gmeer (ISD#13) Approv d By: Walter Fehst,City Manager CHRPC CHANGE ORDER NO. 1 Project: Ramsdell Park Improvement City Project: 1106 ® 1 . Owner: City of Columbia Heights Date of Issuance: 7/25/2011 637 38th Avenue N.E. Columbia Heights,MN 55421 ISD#13 Engineer: City Engineer 1440 49th Ave NE Columbia Heights,MN 55421 Contractor: C. Mogren 17805 Foxhill Avenue North Hugo,MN 55038 You are directed to make the following changes in the Contract Documents: Description: Addition:Athletic Field Scoreboard Purpose of Change Order: Furnish and install one NEVCO Model 1510 scoreboard and NEVCO Control Package MPC control with a TCS- 5 overlay handheld switch, carrying case,and Installation package,as supplied by North Star Scoreboards. Installation shall be as per manufacturer's instructions. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time:N/A $85,306.00 Previous Change Orders No._to No. Net Change from Previous Change Order: None Agreement Price Prior to this Change Order: Contract Time Prior to this Change Order: $85,306.00 Net Increase of this Change Order: Net Increase(Decrease)of Change Order: $7,286.50 No Change Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $92,322.50 Reco• , ended- Approve By: r .... By. C' ng .-er (ISD#13) Ap. • ede ,r z .A ter ehst, � � �� hst, City anager / L/e/ a/netri CHRPC CHANGE ORDER NO.2 Pro-ect: Ramsdell Park Im rovement Ci Pro'ect: 1106 Owner: City of Columbia Heights Date of Issuance: March 2,2012 637 38th Avenue N.E. Columbia Heights,MN 55421 ISD#13 Engineer:City Engineer 1440 49th Ave NE Columbia Heights,MN 55421 Contractor: C.Mogren 17805 Foxhill Avenue North Hugo,MN 55038 You are directed to make the following changes in the Contract Documents: Description: Addition:Athletic Field Bleacher(1) Purpose of Change Order: Furnish and install one Aluminum 5-row 21'Bleacher,w/:ward rails and aisle. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time:N/A $85,306.00 Previous Change Orders No.1 to No. 1 Net Change from Previous Change Order: None Agreement Price Prior to this Change Order: Contract Time Prior to this Change Order: • $92,322.50 Net Increase of this Chime Order: Net Increase(Decrease)of Change Order: $4,964.29 No Change Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: 7,286.79 Recont -ed Approv -'` By By Ci Zgineer _. (ISD#13) Approv d By: Walter Fehst,City Manager