IP #918COUNCII
g�, �e" A
Request for Action
Originating Department
Approved for Agenda
Agenda Section
Public Works
October 14, 2013
Development & Planning
Item No.
By: Paul Coone
By: Kirk ,McDonald, City Manager
8.1
Resolution approving a joint powers agreement between the city of New Hope and the city of Crystal for
resurfacing Nevada Avenue North, Maryland Avenue North, Louisiana Avenue North, St. Raphael Drive,
53rd Avenue :North, and 52nd Avenue North (Crystal's 2013 Becker Park street reconstruction project and
New Hope improvement project No. 918)
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 resurfacing Nevada Avenue North, Maryland Avenue North, Louisiana Avenue
North, St. Raphael Drive, 53rd Avenue North, and 52nd Avenue North, 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 to Nevada Avenue North, 'Maryland Avenue North,
Louisiana Avenue North, St. Raphael Drive, 53rd Avenue North, and 52nd Avenue North, are in the area of
St. Raphael Church. 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 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 total cost to be $305,893 for the
city of New Hope's portion. Final cost will be apportioned in accordance with the engineer's cost estimate.
The city of New Hope will reimburse the city of Crystal for its portion of the improvements along these
streets. Funding sources include the street infrastructure fund and storm water fund.
Motion by _ Second by
To: Q
IARFA\PLTW0RKS\20131918 Crystal Agreement.doc
Request for Action
October 14, 2013
Page 2
Attachments
Resolution
Map of the improvement area
Joint Powers Agreement including Exhibit "A" identifying project costs
I:\RFA\PUBWORKS120131918 Crystal Agreement.doc
City of New Hope
Resolution No. 13 —136
Resolution approving a joint powers agreement between
the city of New Hope and the city of Crystal for resurfacing
Nevada Avenue North, Maryland Avenue North, Louisiana Avenue North,
St. Raphael Drive, 53rd Avenue North, and 52nd Avenue North
(Crystal's 2013 Becker Park street reconstruction project
and New Hope improvement project No. 918)
WHEREAS, the city of New Hope and the city of Crystal have been negotiating to bring about
improvements on Nevada Avenue North, Maryland Avenue North, Louisiana Avenue North,
St. Raphael Drive, 53rd Avenue North, and 52nd Avenue North, in the area of St. Raphael
Church; and,
WHEREAS, said improvements include reclamation of the existing bituminous roadway, spot concrete
curb and gutter replacement, and storm water infrastructure improvements wherever
necessary; 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 scope of work, terms, and conditions for sharing project 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 2013 Becker Park 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 14th day of
October, 2013. 41
Mayor
Attest:
City Clerk
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2013 BECKER PARK STREET RECONSTRUCTION
CRYSTAL — NEW HOPE JOINT POWERS AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into effective as of the
3''d day of September, 2013, 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
portions of Louisiana, Maryland, Nevada Avenues North, and St. Rafael Drive; and
WHEREAS, the above mentions streets have common borders 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 2013
Phase 13 Becker Park Reconstruction - #2012-13" (hereinafter "the Project") which
improvement project contemplates and includes street improvements and related work;
and
WHEREAS, the Border Streets part of the Project lie 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 New Hope as detailed in Exhibit A, attached
hereto and made a part hereof. The New Hope project cost estimate share includes
Two Hundred Fifty -Four Thousand, Nine Hundred and Eleven Dollars ($254,911) in
bid costs for the parts of the Border Streets which are in/adjacent to 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.
NOW, THEREFORE, IT IS HEREBY AGREED:
I.
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.
II.
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
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.
V.
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 New Hope's costs for construction, said fee to
compensate Crystal for a portion of its legal, engineering, and administrative costs
relating to the Project. This brings the total estimated cost to New Hope to Three
Hundred Five Thousand, Nine Hundred and Eighty-three Dollars ($305,983). 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.
4
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 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.
I
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.
5
X.
It is agreed that each City shall, at 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
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.
XII.
The intent of this section is to limit a party's obligation to indemnify the other party.
Except as provided in Paragraph XIII, Crystal shall assume liability for all claims arising
out of the Project. Crystal shall indemnify, defend and hold harmless New Hope from
any loss, liability, cost, damage and claim arising from any act or omission on the part of
its officers, employees, agents, contractor or representatives in connection with the
Project, including any attorney fees and expenses incurred in defending any such claim,
to the extent of Crystal's statutory liability described in Minn. Stat. § 466.04, as
amended. The liability limitations established in Minn. Stat. § 466.04 shall apply to
undertakings pursuant to this Agreement, and no individual or entity may seek to
6
increase recovery beyond the statutory amounts applicable to a single party set forth in
Minn. Stat. § 466.04 by attempting to aggregate the statutory amounts to increase the
maximum amount of liability for any party. No party to this Agreement shall be required
to pay on behalf of itself and to the other party any amount as indemnification to the
party, arising pursuant to this Agreement, expressly, by operation of law or otherwise, in
excess of the limits of liability applicable to the party required to pay as established in
Minnesota Statutes Chapter 466, or in the event that Minnesota Statutes Chapter 466
does not apply, the maximum amount of insurance coverage available to the party
required to pay. In those instances in which a party is directly liable for damages as
well as for indemnification to the other party, the combined liability of the party will not
exceed the limits of liability under Minnesota Statutes Chapter 466 applicable to the
liable party or in the event that Minnesota Statutes Chapter 466 does not apply, the
maximum amount of insurance coverage available to the liable party.
New Hope shall indemnify, defend and hold harmless Crystal from any loss,
liability, cost, damage and claim arising from any act or omission on the part of its
officers, employees, agents, contractor or representatives arising solely from a specific
action it takes under this Agreement which results in a liability claim(s), including any
attorney fees and expenses incurred in defending any such claim, to the extent of New
Hope's statutory liability described in Minn. Stat. § 466.04, as amended. Nothing herein
shall change or otherwise affect the liability limits established under Minn. Statute
§ 466.04, as amended. No party to this Agreement shall be required to pay on behalf of
itself and to the other party any amount as indemnification to the party, arising pursuant
to this Agreement, expressly, by operation of law or otherwise, in excess of the limits of
liability applicable to the party required to pay as established in Minnesota Statutes
Chapter 466, or in the event that Minnesota Statutes Chapter 466 does not apply, the
maximum amount of insurance coverage available to the party required to pay. In those
instances in which a party is directly liable for damages as well as for indemnification to
the other party, the combined liability of the party will not exceed the limits of liability
under Minnesota Statutes Chapter 466 applicable to the liable party or in the event that
Minnesota Statutes Chapter 466 does not apply, the maximum amount of insurance
coverage available to the liable party.
XIIL
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.
s
CITY OF CRYSTAL
By.
Jim
ams
Its.
yor
By:
An
a Norris
Its:
Manager
LPubworks/projects/Phase 13/NewHope/newhopeJPAfina1.doc
CITY OF NEW HOPE
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Kathl Hemken
Its: ayor
Kirk McDonald
Its: Manager
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October 17, 2013
Ms. Anne Norris
City Manager
City of Crystal
4141 Douglas Drive N.
Crystal, MN 55422
Subject: joint Powers Agreement — 2013 Becker Park Street Reconstruction project
At its meeting of October 14, 2013, the New Hope City Council approved the fore -mentioned
agreement. Enclosed is a fully executed agreement for your records.
It is understood that New Hope's estimated cost is $305,893. Please continue to coordinate the
project with Public Works Director Bob Paschke. Thank you.
Sincerely,
4z cc
Valerie Leone, CMC
City Clerk
Enc.
cc: Bob Paschke, director of public works
Kirk McDonald, city manager
CITY OF NEW HOPE
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 Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776