Loading...
HomeMy WebLinkAbout2015-62RESOLUTION NO. 2015 -62 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 2 that have not been rehabilitated under the street program, and WHEREAS, Stinson Boulevard from 37th Avenue to north of 40th Avenue is part of Zone 2 scheduled for 2016, and WHEREAS, A Cooperative Agreement has been approved between the cities of Columbia Heights and St. Anthony (attached) that defines the responsibilities of each city for the project work, and WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 1036.201 to 103B.251, as follows: 1508 STINSON BOULEVARD RECONSTRUCTION FROM 37TH TO NORTH OF 40TH AVENUES Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. ORDER OF COUNCIL Passed this 14th day of September, 2015 Offered by: Williams Seconded by: Schmitt Roll Call: All Ayes Attest: ai o� r r fR Katie Bruno, City Clerk /Council Secretary 1 t t 1k 1: THIS AGREEMENT, made and entered into thisL3�day of �� 2015, by and between the City of Columbia Heights, Minnesota, a municipal core atlon (hereinafter "Columbia Heights'), and the City of Saint Anthony, Minnesota, a municipal corporation (hereinafter "Saint Anthony "). WHEREAS, Columbia Heights and Saint Anthony share a common boundary and each desires to pursue a street improvement project of Stinson Boulevard from 37'h Avenue NE to Silver Lane (hereinafter collectively the "2016 Stinson Boulevard Reconstruction Project"); and, WHEREAS, the streets in Columbia Heights and Saint Anthony that are to be included in the 2016 Stinson Boulevard Reconstruction Project are named and depicted in the attached Exhibit A to this Agreement; and, WHEREAS, the word "Improvements" as stated and used in this Agreement shall mean all 2016 Stinson Boulevard Reconstruction Project improvements including project development, preliminary and final engineering, administration, construction, inspection, and all other cost and work items described herein; and WHEREAS, Minnesota Statutes Chapter 471.59 provides that municipalities may enter into a joint powers agreement providing for the division of costs for such Improvements; and WHEREAS, the total costs for the hmprovements shall be shared by Columbia Heights and Saint Anthony in accordance with the terms of this Agreement. NOW, THEREFORE, IT IS AGREED: SECTION A PROJECT SU EVURY 1. The Improvements and financing shall be performed in accordance with the terns of this Agreement, the requirements of Minnesota Statutes, Chapter 429, and each City's respective codes, policies, and regulations. 2. Columbia Heights and Saint Anthony agree to develop separate Feasibility Reports for the hmprovements. 3. Upon review and approval of the Feasibility Reports, a completion of final design (including the preparation of plans and specifications) shall be performed by Saint Anthony. Surveys, data, collection, and preparation of plans for final design shall also be performed by Saint Anthony. Bidding and contract documents shall be prepared in a form that allows the share of costs allocated to each party to be determined. 2010 Silver Lane RoemOuction Cooperative Agreement 4. Plans and specifications shall be approved by the city councils of Columbia Heights and Saint Anthony prior to releasing an advertisement for bids. Contract award to the lowest responsible bidder will be conducted by Saint Anthony. 5. Construction engineering, including bid openings, contract administration, other agency submittals, staking, and contract management shall be performed by Saint Anthony. 6. Construction observation for water and sewer improvements will be the responsibility of the City whose system is being improved. For Example, Columbia Heights watermain improvements will be observed by a city of Columbia Heights representative and constructed to its design standards. Saint Anthony watermain improvements will be observed by a city of Saint Anthony representative and constructed to its design standards. 7. Construction observation for street, sidewalk, and storm sewer improvements will be the responsibility of Saint Anthony. 8. All monthly progress payments to the contractor for any Improvements shall be reviewed and agreed upon by both Columbia Heights and Saint Anthony project representative prior to release of payment. Final contract payment shall occur only after final acceptance of the Improvements by the city council of Columbia Heights and the city council of Saint Anthony. 9. Saint Anthony shall invoice Columbia Heights for reimbursement of Columbia Heights's portion of the costs of the Improvements in accordance with this Agreement. SECTION B COST ALLOCATION I . Final Design Costs a. Each party will pay their pro -rated share of design costs for the Improvements. The final design costs of the Improvements shall include, but not be limited to the following: data collection, preparation of drawings and exhibits, and preparation of plans and specifications. Saint Anthony will contract for these final design services with an engineering consulting firm, WSB and Associates, Inc. (WSB). WSB will invoice the City of Saint Anthony directly for this work. 2. Proi ect Administration Costs a. Each party will pay 50% of the project administration costs for the Improvements. The project administration costs for the Improvement shall include, but not be limited to the following: bidding, contractor contracts, project management, pay vouchers, and change orders. Saint Anthony will contract for these project administration services with WSB. WSB will invoice the City of Saint Anthony directly for this work. 3. Construction Observation Costs a. Each party will pay 50% of all costs of the construction observation of the street and storm sewer improvements. Saint Anthony will contract for these construction 2 observations services with WSB. WSB will invoice the City of Saint Anthony directly for this work. b. Each party will pay for the costs of the construction observation of the sewer and water improvements of that City. Columbia Heights will provide an in -house construction observer for sewer and water improvements within Columbia Heights 4. Surrey Costs a. Each party will pay 50% of all costs of the topographic survey and construction survey /staking of the street and utility improvements. Saint Anthony will contract for these survey services with WSB. WSB will invoice the City of Saint Anthony directly for this work. 5. Testing Costs a. Each party will pay 50% of all costs of the material testing associated with the street and utility improvements. Saint Anthony will contract for these testing services with WSB. WSB will invoice the City of Saint Anthony directly for this work. Saint Anthony will contract for these testing services with WSB. WSB will invoice the City of Saint Anthony directly for this work. 6. Street and Storm Sewer Improvements a. Construction Cost Allocation: Each party will pay the respective costs of the construction of the street and storm sewer improvements in each City. 7. Sidewalk Improvements a. Construction Cost Allocation: All costs of the construction of the sidewalk improvements shall be assigned to Columbia Heights and Saint Anthony based on the actual amount of sidewalk and/or trail constructed for each city. 8. Sewer and Water Utility Improvements a. Construction Cost Allocation: Each party will pay for the costs of all sewer and water utility improvements based on the actual amount of sewer and water utilities constructed for each city. 9. Upon execution of this Agreement, Saint Anthony shall invoice Columbia Heights for its percentage of all costs incurred prior to contract award, and Columbia Heights will pay the invoice within thirty days of receipt. 10. After an award by the City of Saint Anthony to the successful bidder on the Project, the City of Saint Anthony shall invoice the City of Columbia Heights for ninety five (95) percent of the estimated City of Columbia Heights share in the contract construction and engineering costs for the Project. Payments shall be made to the City of Saint Anthony, in the name of the City of Saint Anthony, by the City of Columbia Heights for the full amount due stated on the invoices within thirty (30) days of the invoice date. Said estimated City of Columbia Heights share shall be based on actual contract unit prices applied to the estimated quantities shown in the plans. 11. In the event the City of Saint Anthony Engineer or the City of Saint Anthony's staff determines the need to amend the construction contract with a supplemental agreement or change 3 order which results in an increase in the contract amount for the Project, the City of Columbia Heights hereby agrees to remit within thirty (30) days of notification by the City of Saint Anthony of said change an amount equal to ninety five (95) percent of the estimated City of Columbia Heights share as documented in the supplemental agreement or change order. 12. The remainder of the City of Columbia Heights's share in the contract construction and engineering costs of the Project, including additional costs resulting from supplemental agreements and change orders; will be due to the City of Saint Anthony upon the completion of the Project and submittal of the City of Saint Anthony Engineer's final estimate for the Project to the City of Columbia Heights. 13. Upon final payment to the Project contractor by the City of Saint Anthony, any amount remaining as a balance in the deposit account will be returned to the City of Columbia Heights, within thirty (30) days, on a proportionate basis based on the City of Columbia Heights's initial deposit amount and the City of Columbia Heights's final proportionate share of the Project costs. Likewise, any amount due the City of Columbia Heights as its final payment for the construction costs of the Project within thirty (30) days of receipt of an invoice from the City of Saint Anthony. 14. All City of Columbia Heights funds deposited with the City of Saint Anthony shall bear interest equal to the 4M Fund rate until paid to the contractor or returned to the City of Columbia Heights. Saint Anthony shall provide Columbia Heights a listing of all transactions including deposits, progress payments, interest earned, and balances on a monthly basis or upon request of the Columbia Heights City Manager. [The remainder of this page is intentionally blank.] 4 SECTION C MAINTENANCE RESPONSIBILITIES 1. Maintenance and upkeep of the Improvements after completion shall be in accordance with existing policies and responsibilities in place prior to construction of the Improvements. SECTION D MISCELLANEOUS PROVISIONS 1. Compliance with Laws. The parties agree to comply with all laws, ordinances and regulations of Minnesota applicable to this Agreement and the construction of the Improvements. This Agreement shall be construed and enforced according to the laws of Minnesota. 2. Indemnification. Each party will be responsible for claims and damages resulting from the acts, errors and omissions of its officers, employees and agents and will defend and indemnify the other party for any such claims; provided, however, that nothing m this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which either party is entitled under Minnesota Statutes, Chapter 466, or otherwise. 3. Notices. Any notices or correspondence required to be given under this Agreement or any statute or ordinance shall be in writing and shall be deemed to be given if delivered personally or mailed postage- prepaid by certified mail, return receipt requested: a. As to Columbia Heights: City of Columbia Heights 590 40" Avenue NE Columbia Heights, MN 55112 ATTN: City Manager b. As to Saint Anthony City of Saint Anthony 3301 Silver Lake Road Saint Anthony, MN 55418 ATTN: City Manager or at such other address as either party may, from time to time, notify the other in writing in accordance with this paragraph. 4. Severability. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 5. Nonwaiver. If either party waives any default or non - performance by the other party in writing, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 6. Preamble and Recitals. The preamble and recitals set forth on page one of this Agreement are incorporated into and made a part of this Agreement. 7. Paragraph and Section Headings. The paragraph and section headings used in this Agreement have no legal significance and are used solely for convenience of reference. 8. Entire Agreement. This Agreement and its Exhibits attached hereto, if any, evidence the entire agreement between the parties relating to the subject matter addressed herein and supersedes all other prior agreements and understandings, written or oral, between the parties. 9. Amendment. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto or their successors. 10. Contract Administration. To the degree permitted by state law, Columbia Heights designates Saint Anthony as its representative authorized to act on Columbia Heights's behalf with respect to this Agreement. To the degree permitted by state law, Saint Anthony designates its City Manager, or his/her designee as authorized in vNriting, as its representative authorized to act on Saint Anthony's behalf with respect to this Agreement. 11, Limitations. This Agreement is not intended to and shall not create rights of any character whatsoever in favor of any person, corporation, association or entity other than the parties to this Agreement and their successors and assigns, and the obligations herein assumed are solely for the use and benefit of the parties to this Agreement and their successors and assigns. 12. Nan :AssigMent. The parties hereto agree that neither party shall assign, sublet, transfer or pledge this Agreement and/or the services to be performed hereunder; whether in whole or in part, without the prior written consent of the non - assigning party. 13. Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one in the same Agreement. 14, Data Practices. Data provided to either party or received from either party under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, :Minnesota Statutes, Chapter 13. [The remainder of this page is intentionally blank.] 0 IN TESTIMONY WHEREOF, the City of Columbia Heights has caused this Agreement to be executed the day and year first above written. CITY OF COLUMB HE HTS By: Gary P erson, . Mayor By: Walter Fehst, City anag IN TESTIMONY WHEREOF, the City of Saint Anthony has caused this Agreement to be executed the day and year first above written. CITY OF SAINT ANTHONY By: ✓�- �- Jerry Faust, Mayor By: 4* 'f / Mark C ey, Ci anager I W14 Of I I PROJECT LOCATION M- AP OF STREETS TO BE INCLUDED IN PROJECT A-1