IP #789COUNCIL
V� Request for Action
Originating Department
Approved for Agenda
Agenda Section
Public Works
'; May22, 2006
Consent
Item No.
By: Guy Johnson
By:.,
6.7
Resolution approving joint powers agreement between the city of New Hope and the city of Crystal for the resurfacing of
Nevada Avenue North, 45th Avenue North and Louisiana Avenue North (2006 Crystal Phase 8 street reconstruction
project and New Hope improvement project no. 789)
Requested Action
Staff requests approval of a resolution approving a joint powers agreement between the city of New Hope and the city of
Crystal for the resurfacing of Nevada Avenue, 45th Avenue, and Louisiana Avenue, and associated utility improvements.
Policy /Past Practice
Because of economics and efficiencies, the city of New Hope has participated with neighboring cities on street
infrastructure projects, with regards to boundary streets, for many years.
Background
The attached agreement sets forth the obligations of the city of Crystal and the city of New Hope in undertaking the
project. The proposed improvements are in the area of Nevada Avenue, 45th Avenue, and Louisiana Avenue, north of
42nd Avenue. The agreement establishes that the city of Crystal is the lead agency and is responsible for bidding the
project and managing the construction. Besides the resurfacing of the streets, the project will also include curb and gutter
replacement and storm water infrastructure improvements wherever necessary.
Funding
The city of New Hope engineers and the city of Crystal engineers estimate the total cost to be $120,378 for the city of
New Hope's portion. The breakdown of the estimated cost is $93,702 for the city's portion of the street and curbs
improvements, and $26,676 for the city's portion of the storm water improvements. Final cost will be apportioned in
accordance with the engineer's cost estimate. Funding would be from the city's street infrastructure fund and the city's
storm water fund. The city of New Hope would reimburse the city of Crystal for its portion of the improvements along
these streets.
Attachments
Copies of the resolution, map of the improvement area, and the agreement are attached.
Motion by ri '� a - Second by / t
-
I: \RFA \PUBW0RKS \2006 \789 Crystal Agreement.doc
City of New Hope
Resolution No. 06 — 80
Resolution approving joint powers agreement
between the city of New Hope and the city of Crystal
for the resurfacing of Nevada Avenue North, 45th Avenue North,
and Louisiana Avenue North
(2006 Crystal Phase 8 street reconstruction project and
New Hope improvement project no. 789)
WHEREAS, the city of New Hope and the city of Crystal have been negotiating to bring about
improvements on Nevada Avenue North between 45th Avenue North and 47th Avenue
North; 45th Avenue North between Nevada Avenue North and Louisiana Avenue
North; and Louisiana Avenue North between 42nd Avenue North and 45th Avenue
North; and,
WHEREAS, said improvements include reclamation of the existing bituminous roadway, concrete
curb and gutter, and storm water; and,
WHEREAS, the city of Crystal, through its consultant SEH Inc., has prepared plans and specifications
for the improvements to be completed; and,
WHEREAS, a joint powers agreement has been prepared between the city of New Hope and the city
of Crystal setting forth the project scope of work, terms, and conditions for sharing costs.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of New Hope, Minnesota:
1. That the above recitals are incorporated herein by reference.
2. That the joint powers agreement between the city of New Hope and the city of
Crystal for Crystal 2006 Phase 8 Forest South Street Reconstruction is approved.
3. The Mayor and city manager (the "Officers ") are authorized and directed to sign the
same on behalf of the city when the following condition is met:
Substantial conformance of the joint powers agreement to
the form of agreement presented to the council as of this date,
with such additions and /or modifications as the Officers may
deem necessary or desirable as evidenced by their execution
thereof.
.Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 22nd day of
May, 2006.
Attest:
City Clerk
M yor
I:R A \Pubworks \2006 \789 Crystal Agreement Resolution
May 24, 2006
Ms. Janet Lewis
City of Crystal
4141 Douglas Drive N.
Crystal, MN 55422-1696
Dear Janet:
At its meeting of May 22, 2006, the New Hope City Council approved the joint powers agreement with the
city of Crystal for street resurfacing work.
Enclosed are two copies of the agreement which have been signed by New Hope officials. Please obtain
signatures on both copies and return one fully executed copy to my attention. Thank you.
Sincerely,
Valerie Leone, CMC
City Clerk
Enc.
cc: Guy Johnson, director of public works
4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 * www. ci.new-hope.mn.us
City Hall: 763-531-5100 - Police (non-emergency): 763-531-5170 # Public Works: 763-592-6777 ® TDD: 763-531-5109
City l4all Fax: 763 -5..31 -5136 o Police Fax: 763-531-5174� Public Works Fax: 763-592-6776
'"YTYVCRYSTAL
U1
Ms. Valerie Leone
4401 Xylon Ave N
New Hope, MN 55428
Dear Valerie:
4141 Douglas Drive North ® Crystal, MN 55422-1696
Telephone: (763) 531 -1000 ® Fax: (763) 531-1188
Website: www.ci.crystal.mn.us
The Crystal City Council approved the Joint Powers Agreement with the City of New
Hope at its meeting on June 6, 2006.
I've enclosed one original copy with the appropriate signatures for your file. If you have
any questions or concerns, please contact me at (763) 531-1145.
Sincerely,
SAY 1 2Y
Janet Lewis, CMC
City Clerk
June 7, 2006
APPROVING
AGREEMENT
RECONSTRUCTION PROJECT
WHEREAS, the City Manager's office and the City Attorney have reviewed and
recommend approval of said joint powers agreement; and
WHEREAS, the Council has previously approved and ordered said project; and
WHEREAS, a joint powers agreement is an appropriate way to define the
agreement between the two cities.
NOW, THEREFORE, BE IT RESOLVED that the Crystal City Council hereby
approves and authorizes the mayor and city manager to sign the joint powers agreement
between Crystal and New Hope titled "Nevada Avenue North, 45 Avenue North &
Louisiana Avenue Resurfacing Joint Powers Agreement" for the purpose of
reconstructing local streets as part of the 2006 Forest South Phase 8 Street Reconstruction
Proj ect.
Adopted by the Crystal City Council this 6 th day of J e
S
ReN owman, Mayor
ATTEST:
Jan Lewis, City Clerk
I:pubworks /projects /phase 8 /newhopejpares
NEVADA AVENUE NORTH, 45 AVENUE NORTH & LOUISIANA AVENUE
RESURFACING JOINT POWERS AGREEMENT
THIS AGREEMENT ( "Agreement ") is made and entered into effective as of the
day of OA4 , 2006, by and between the City of Crystal, a municipal corporation
under the laws of the State of Minnesota (hereinafter "Crystal "), and the City of New Hope, a
municipal corporation under the laws of the State of Minnesota (hereinafter "New Hope "),
collectively referred to as the "Cities" and individually as a "City ".
WITNESSETH:
WHEREAS, the Cities have been negotiating to bring about the improvement of Nevada
Avenue North, (in the street area lying between 45 Avenue North and 47 Avenue North), 45
Avenue North (in the street area lying between Nevada Avenue North and Louisiana Avenue
North), and Louisiana Avenue North (in the street area lying between 42" Avenue North and
45 Avenue North); and
WHEREAS, Nevada Avenue North, 45 Avenue North and Louisiana Avenue North
are all border streets between New Hope and Crystal and hereinafter shall be referred to as the
"Border Streets "); and
WHEREAS, the scope of work that has been negotiated between the Cities is as shown
on the plans for Crystal's street improvement project entitled "Crystal 2006 Phase 8 Forest South
Street Reconstruction" which improvement project contemplates and includes street
improvements and related work; and
WHEREAS, the Border Streets part of the Crystal 2006 Phase 8 Forest South Street
Reconstruction project lies within the corporate limits of the Cities of Crystal and New Hope;
and
WHEREAS, Crystal has prepared plans and specifications for the construction of said
project; and
WHEREAS, Crystal has prepared a cost estimate for said project which estimate shows
the total project cost to be Four Million One Hundred Fifty Thousand Four Hundred Ninety Nine
and 79/100 Dollars ($4,150,499.79). As detailed in Exhibit A attached hereto and made a part
hereof, Crystal's project cost estimate includes One Hundred Twenty Thousand Three Hundred
Seventy Eight and 00 /100 Dollars ($120,378.00) in bid costs for the parts of the Border Streets
which lie in New Hope; and
WHEREAS, New Hope has indicated its willingness to approve Crystal's plans and
specifications for the Crystal 2006 Phase 8 Forest South Street Reconstruction project and has
further indicated its willingness to participate in the total project costs; and
WHEREAS, it is contemplated that said the aforementioned project will be carried out
by the Cities under the provisions of Minn. Stat § 471.59.
NOW, THEREFORE, IT IS HEREBY AGREED:
I.
Crystal has advertised for bids for the Crystal 2006 Phase 8 Forest South Street
Reconstruction project, has received and opened bids pursuant to said advertisement and has
entered into or will enter into one or more contracts with the successful bidder(s) at the unit
prices specified in the bid(s) of such bidder(s), all according to the procedures set forth in Minn.
Stat. Chapter 429. The contract(s) will include the plans and specifications prepared by Crystal
and /or its agents for the aforementioned project, which plans and specifications, as the same may
be amended from time to time, are by this reference made a part of this Agreement.
01
II.
Crystal will administer all aspects of the Crystal 2006 Phase 8 Forest South Street
Reconstruction project and will inspect all completed work. The City Engineer of New Hope
shall cooperate with the Crystal Engineer and the Crystal Engineer's staff upon request, to the
extent necessary, to aid in administration of the Crystal 2006 Phase 8 Forest South Street
Reconstruction project but will have no responsibility for the supervision of any of the work
contemplated by this Agreement.
III.
The Cities agree that Crystal may, within the general scope of the original plans for the
Crystal 2006 Phase 8 Forest South Street Reconstruction project, make changes in the plan
specifications or in the character of the intended improvements. Said changes may include
changes which alter the proportionate cost sharing originally envisioned by Crystal and New
Hope, provided that such changes are reasonably necessary to cause work for the Crystal 2006
Phase 8 Forest South Street Reconstruction project to be in all things performed and
contemplated in a satisfactory manner. It is further agreed by the Cities that Crystal may carry
out the changes authorized by this paragraph by entering into change orders or supplemental
agreements with Crystal's contractor(s) for the performance of any additional project work,
including but not limited to contracts for new construction or for construction occasioned by any
necessary, advantageous or desirable changes in the original project plans.
IV.
New Hope agrees to grant temporary construction easements to Crystal over those lands
owned by New Hope that are a part of the required right -of -way for the construction
contemplated by this Agreement. Said easements shall be granted at no cost to Crystal.
3
LY
New Hope shall reimburse Crystal for New Hope's share of the total project costs for
work related to the portions of the Border Streets located within New Hope, and the total final
project costs for said parts of the Crystal 2006 Phase 8 Forest South Street Reconstruction
project shall be under the terms and provisions defined in the Crystal Engineer's initial project
cost estimate and as further set forth in Exhibit A of this Agreement.
VI.
Project costs to be apportioned between the Cities pursuant to this Agreement shall
include a fee of 20% of the total of all costs for construction, said fee to compensate Crystal for a
portion of its legal, engineering, and administrative costs relating to the Crystal 2006 Phase 8
Forest South Street Reconstruction project. It is further agreed that the Crystal Engineer's
estimate set forth as Exhibit A of this Agreement is an estimate of only the construction costs for
the work contemplated by this Agreement and that the unit prices set forth in the contract with
the successful bidder(s) and the final quantities as measured by the Crystal Engineer shall govern
in computing the total final contract construction cost and the related apportionment
contemplated by this Agreement.
VII.
Within sixty (60) days after the latter of an award by Crystal to the successful bidder(s) or
approval of this Agreement, New Hope shall deposit with the Crystal Director of Finance ninety
percent (90 %) of New Hope's estimated share of the construction costs for the construction
contemplated by this Agreement. Said estimated share shall be based on actual contract unit
prices for estimated quantities shown on Crystal's plans for the Crystal 2006 Phase 8 Forest
South Street Reconstruction project.
4
The remaining ten percent (10 %) is to be paid to Crystal upon the completion of the
project and submittal to New Hope of a copy of the Crystal Engineer's final cost report for the
project, which report shall show each City's final shares of construction, engineering and other
project costs.
Upon payment by Crystal of the final amount due to the successful bidder(s), any amount
remaining as a balance between the amount deposited and the final share of project costs for
New Hope will be returned to New Hope. Likewise any amount due Crystal by New Hope after
payment by Crystal of the final amount due to the successful bidder(s) shall then be paid by New
Hope as its final payment for the construction cost of the project.
VIII.
In the event, after consultation with and approval by the New Hope Engineering staff, the
Crystal Engineer and /or the Crystal Engineer's staff determine the need to amend any project
contract with a supplemental agreement or with a change order which results in an increase in
that contract amount, New Hope hereby agrees to remit, within thirty (30) days of notification by
Crystal of any such change, an amount equal to ninety percent (90 %) of the estimated New Hope
share as documented in the supplemental agreement or change order.
The remaining ten percent (10 %) of New Hope's share is to be paid to Crystal upon the
completion of the Crystal 2006 Phase 8 Forest South Street Reconstruction project and submittal
to New Hope of a copy of the Crystal Engineer's final report for the project showing each City's
final shares of construction, engineering and other project costs.
IX.
Record drawings shall be provided by Crystal to New Hope within 90 days of Crystal's
final payment to the contractor(s) retained to complete work for the Crystal 2006 Phase 8 Forest
5
South Street Reconstruction project. All records kept by a City with respect to this Agreement
shall, except to the extent protected by attorney client privilege, be subject to examination by the
representatives of the other City.
It is agreed that each City shall, its own expense, remove and replace all of its
respectively owned signs that are within the construction limits of the Crystal 2006 Phase 8
Forest South Street Reconstruction project. Removal and replacement operations shall be
coordinated with the project construction activities through the Crystal Project Engineer.
M
If detouring of traffic is necessary during the construction contemplated by this
Agreement, the detour routes shall be mutually agreed upon by the Cities. All guide signs,
regulatory signs and pavement markings shall be furnished, installed and maintained by Crystal's
contractor(s) as part of the construction contract(s) managed by Crystal.
Crystal will not be responsible for any damage caused by increased traffic generated on
any municipal streets as a result of the construction contemplated by this Agreement.
KM
It is further agreed that each party to this Agreement shall not be responsible or liable to
each other or to any other person whomsoever for any claims, damages, actions or causes of
actions of any kind or character arising out of or by reason of the performance of any work or
part thereof by the other as provided herein; and each party further agrees to defend at its sole
cost and expense any action or proceeding commenced for the purpose of asserting any claims of
whatsoever character arising in connection with or by virtue of performance of its own work as
provided herein.
rel
XIII.
It is further agreed that any and all employees of each City and all other persons engaged
by that City in the performance of any work or services required or provided as contemplated by
this Agreement shall not be considered employees of the other City, and that any and all claims
that may or might arise under the Worker's 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 as contemplated by
this Agreement shall in no way be the obligation or responsibility of the other City.
XIV.
The provisions of Minn. Stat § 181.59 and of any applicable local ordinance relating to
civil rights and discrimination shall be considered a part of this Agreement as though fully set
forth herein.
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 O EW HOPE
�
By:
%iftin E. Ope r.
Its: ayor
Daniel J. DAaliue
Its: Manager
P:lAttomeylCmk \Clients:CNH \99- 67895 \001 -Joint Powers Agt -D4 -with Ex A.doc
i
Project Name: Crystal 2006 Phase 8 Forest South Client: New Hope
Street Construction, New Hope
Project No. 789 File No: 000034 - 06000 -0
To: Guy Johnson
Date: April 5, 2006
From: Jason Quisberg
Re: New Hope Cost Sharing for work on Crystal's 2006 street improvement project
The "Crystal 2006 Phase 8 Forest South Street Reconstruction" project includes work on Nevada, 45 and
Louisiana Avenues. Some sections of these streets serve as a boundary between the City of Crystal and the
City of New Hope. Therefore, improvements to these roadways, in areas they serve both cities, will benefit both
Crystal and New Hope.
Due to the shared benefit, cost sharing responsibilities for the proposed improvements have been discussed.
Crystal's engineering consultant, SEH Inc., has estimated the portion of work for which payment will be the
responsibility of New Hope.
The following table summarizes New Hope's estimated cost responsibility for the work included in the Crystal
2006 Street Construction project:
New Hope
Street Improvements $93,702
Storm Sewer Improvements $26,676
Total Cost $120,378
These estimates are based on estimated quantities using the actual Bid Unit Prices. Actual quantities used will
dictate the final cost responsibilities for the City of New Hope.
Bonestroo, Rosene, Anderlik and Associates, Inc.
www.bonestroo.com
0 St. Paul Office: 0 Milweukee Office: 0 Rochester Office: 0 5L Cloud Office: 0 Ufiertolle Office:
2335 West Highway 36 12075 N. Corporate PaiMvay, SW 200 112 7" Street NE 372123^ Street S 1860 Weel Winchester Rd She 106
SL Paul, MN 55113 Mequon, W153092 Rochester, MN 55905 St Cloud, MN 56301 Grayslake. it 60033
Phone:651. 636.4600 Phone: 262.54MO32 Phone: 507262.2100 Phone'. 320.2514553 Phone 847,548 6774
Fax: 651- 636.1311 Fax: 262.241-4901 Fax: 507- 282 -3100 Fan: 320- 251 -5252 Fax: 847,548-6979
�_
Bonestroo
rJr Rosene
A k
'�, Associ'Soci ates s
Memo
Engineers 6 A—he-
Project Name: Crystal 2006 Phase 8 Forest South Client: New Hope
Street Construction, New Hope
Project No. 789 File No: 000034 - 06000 -0
To: Guy Johnson
Date: April 5, 2006
From: Jason Quisberg
Re: New Hope Cost Sharing for work on Crystal's 2006 street improvement project
The "Crystal 2006 Phase 8 Forest South Street Reconstruction" project includes work on Nevada, 45 and
Louisiana Avenues. Some sections of these streets serve as a boundary between the City of Crystal and the
City of New Hope. Therefore, improvements to these roadways, in areas they serve both cities, will benefit both
Crystal and New Hope.
Due to the shared benefit, cost sharing responsibilities for the proposed improvements have been discussed.
Crystal's engineering consultant, SEH Inc., has estimated the portion of work for which payment will be the
responsibility of New Hope.
The following table summarizes New Hope's estimated cost responsibility for the work included in the Crystal
2006 Street Construction project:
New Hope
Street Improvements $93,702
Storm Sewer Improvements $26,676
Total Cost $120,378
These estimates are based on estimated quantities using the actual Bid Unit Prices. Actual quantities used will
dictate the final cost responsibilities for the City of New Hope.
Bonestroo, Rosene, Anderlik and Associates, Inc.
www.bonestroo.com
0 St. Paul Office: 0 Milweukee Office: 0 Rochester Office: 0 5L Cloud Office: 0 Ufiertolle Office:
2335 West Highway 36 12075 N. Corporate PaiMvay, SW 200 112 7" Street NE 372123^ Street S 1860 Weel Winchester Rd She 106
SL Paul, MN 55113 Mequon, W153092 Rochester, MN 55905 St Cloud, MN 56301 Grayslake. it 60033
Phone:651. 636.4600 Phone: 262.54MO32 Phone: 507262.2100 Phone'. 320.2514553 Phone 847,548 6774
Fax: 651- 636.1311 Fax: 262.241-4901 Fax: 507- 282 -3100 Fan: 320- 251 -5252 Fax: 847,548-6979