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PROJECT NO. 852
Res. 09 -77 6/22/09 Resolution approving joint powers agreement between the city of New Hope and the city
of Crystal for infrastructure improvements to Sumter Avenue (2009 Crystal Phase 10
street reconstruction project and New Hope improvement project no. 852)
COUNCIL
Request for Action
Originating Department
Approved for Agenda
Agenda Section
Public Works
June 22, 2009
Consent
Item No.
By: Guy Johnson
By: Kirk McDonald, City Manag
6.8
Resolution approving joint powers agreement between the city of New Hope and the city of Crystal for
infrastructure improvements to Sumter Avenue (2009 Crystal Phase 10 street reconstruction project and New
Hope improvement project No. 852)
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 infrastructure improvements and resurfacing of Sumter Avenue between Bass Lake
Road and 58th Avenue North.
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 this project. The agreement establishes that the city of Crystal is the lead agency and is
responsible for bidding the project and managing the construction. Besides resurfacing of the streets, the
project will also include some 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 construction cost to be $75,133
for the city of New Hope's portion. Final cost will be apportioned in accordance with the engineer's cost
estimate. Funding will be from the city's street infrastructure fund and the city's storm water fund. The city of
New Hope will reimburse the city of Crystal for its portion of the improvements along these streets.
Attachments
Co ies of the resolution, a maE of the improvement area, and the agreement are attached.
Motion by �aC(�s 2, Second by r-�-I)'il }``L,&C
To: 77
I: \RFA \PUBWORKS \2009 \852 Crystal Agreement. doc
City of New Hope
Resolution No. 09 — 77
Resolution approving joint powers agreement
between the city of New Hope and the city of Crystal
for infrastructure improvements to Sumter Avenue
(2009 Crystal Phase 10 street reconstruction project and
New Hope improvement project No. 852)
WHEREAS, the city of New Hope and the city of Crystal have been negotiating to bring about
improvements on Sumter Avenue between Bass Lake Road and 58th 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's 2009 Phase 10 street reconstruction project 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
June, 2009.
Attest:
City Clerk
Mayor
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2009 SUMTER AVENUE STREET RECONSTRUCTION
JOINT POWERS AGREEMENT
THIS AGREEMENT ( "Agreement ") is made and entered into effective as of the
day of J I M61 , 2009, 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 Sumter
Avenue North, (in the street area lying between 56 Avenue North and 58 Avenue North); and
WHEREAS, Sumter Avenue North is a border street between New Hope and Crystal and
hereinafter shall be referred to as the "Border Street "); 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 2009 Phase 10 Welcome
Park Street Reconstruction" (hereinafter "the Project ") which improvement project contemplates
and includes street improvements and related work; and
WHEREAS, the Border Street part of the 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 post bid cost estimate for the Project which estimate
shows the total project cost to be Six Million Nine Hundred Sixty One Thousand, Seven hundred
Sixty Nine Dollars ($6,961,769). As detailed in Exhibit A attached hereto and made a part
hereof, Crystal's project cost estimate includes Seventy Five Thousand, One Hundred Thirty
Three Dollars ($75,133) in bid costs for the parts of the Border Street which is in New Hope; and
WHEREAS, New Hope has indicated its willingness to approve Crystal's plans and
specifications for the 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.
IJ
Crystal has advertised for bids for the 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 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.
I"
Crystal will administer all aspects of the 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 Project but
will have no responsibility for the supervision of any of the work contemplated by this
Agreement.
2
W"
The Cities agree that Crystal may, within the general scope of the original plans for the
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 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.
kv
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 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.
3
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 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 Project.
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
4
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 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.
M
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 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.
1N
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 Project. Removal and
replacement operations shall be coordinated with the project construction activities through the
Crystal Project Engineer.
RR
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.
Em
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.
M1
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.
P�\Attomey \Cmk \Clients \CNN�99- 67895 \001 -Joint Powers Agt -D4 -with Ex A.doc
7
Memorandum EXHIBIT
A
Project: Crystal 2009 — Phase 10
To: Guy Johnson Welcome Park Street Date: June 17, 2009
Reconstruction
From: Jason Quisberg Client: City of New Hope
Re: New Hope cost sharing for work on Crystal's 2009 File No: 000034 - 09000 -0
street improvement project
The Crystal 2009 Phase 10 Welcome Park Street Reconstruction project includes work
on Sumter Avenue between Bass Lake Road and 58 Avenue. This section of street
serves as a boundary between the City of Crystal and the City of New Hope.
Therefore, improvements to this section of roadway 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 2009 Street Improvement
project:
New Hope
Street Improvements $68,726
Storm Sewer Improvements $6,407
Total Cost $75,133
These estimates are based on estimated quantities using the Contractor's Bid Unit
Prices. Actual quantities used will dictate the final cost responsibility for the City of
New Hope.
My=
2335 Highway 36 W
St. Paul, MN 55113
Tel 651- 636 -4600
Fax 651- 636 -1311
www.bonestroo.com
1: \34\ 3409000\ Communications \Correspondence \Crystal Phase 10 Street Project\johnson_jpq ^2009 Crystal Street Proj_ cost sharing Exhibit A.doc