4.9. SR 07-06-2015 ��i
Eof
lk — - Request for Action
River
To Item Number
Mayor and City Council 4.9
Agenda Section Meeting Date Prepared by
ConsentJuly 6, 2015 Justin Femrite, P.E., City Engineer
Item Description Reviewed by
Joint Powers Agreement with the City of Ramsey Cal Portner, City Administrator
for Reconstruction of Jarvis Street Reviewed by
Action Requested
Approve,by resolution,Joint Powers Agreement with the City or Ramsey relating to the reconstruction
of Jarvis Street.
Background/Discussion
This Joint Powers Agreement UPA) details the formal intent for the cities of Elk River and Ramsey to
work together and share equally in the costs associated with reconstructing our common border segment
of Jarvis Street between TH10 and 165"'Avenue. In addition,the JPA details the commitment of Ramsey
to pay for half of the costs involved in making Jarvis Street a quiet crossing at the BNSF railroad.
The Ramsey City Council approved this JPA at their meeting on June 9,2015.
Financial Impact
There is no financial impact associated with this approval. The cost participation detailed in the JPA is
consistent with all previous project approvals.
Attachments
■ Joint Powers Agreement
■ Resolution
POWERED 9r
NdA UREI
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF ELK RIVER
AND THE CITY OF RAMSEY
REGARDING JARVIS STREET RECONSTRUCTION
THIS AGREEMENT is made and entered into on the latest date set forth below by and
between the City of Elk River and the City of Ramsey, both being municipal corporations
of the State of Minnesota.
RECITALS
I. Elk River and Ramsey ("the Parties")jointly share ownership and maintenance
responsibilities for a section of Jarvis Street South of 165th Avenue NW and north
of Trunlc Highway 10 (see Exhibit A) and wish to share equally in all costs
required to reconstruct this shared section of Jarvis Street and the improvements
required at the BNSF rail crossing to qualify it as a quiet crossing("the Project").
2. Subject to the terms set forth below, the Parties agree to share equally in the
financial responsibilities for the construction of the Project.
3. The Parties recognize and acknowledge that equal benefit will be received upon
completion of the Project.
4. Minnesota Statutes section 471.59 authorizes political subdivisions of the state to
enter into joint powers agreements for the joint exercise of powers common to
each.
AGREEMENT
In consideration of the mutual undertakings expressed herein, the Parties agree as
follows:
1. Purpose. The purpose of this Agreement is to set forth the terms of the agreement
between the Parties concerning the construction and financing of the Project.
This Agreement does not create a joint powers board.
2. Project Responsibility.
a. Elk River shall design the Project, contract with contractors, administer
the construction, and conduct inspections of the construction process.
Ramsey shall have the right to inspect, review and comment upon
construction of the Project. Elk River shall have final authority with
respect to all construction administration decisions.
b. For purposes of performing its obligations under this Agreement, Ramsey
hereby grants to Elk River the right to use the streets,public ways, and
easements of Ramsey for the purposes of constructing the Project,
including any excavations necessary to perform work incidental to the
performance of this Agreement. Ramsey agrees to cooperate to the fullest
extent in the protection of any excavations or barricades that may be
necessary for the work being performed by the contractor on the Project.
c. Elle River agrees to assist Ramsey in the notification and coordination with
all businesses and residents located along Jarvis Street. Elk River will
provide access to the project Facebook page and contact numbers for key
members of the construction team on the Project.
d. Each of the Parties will acquire the necessary right of way and easements,
if any, to permit construction of the Project.
3. Division of Cost. The Parties agree to share equally in the final costs of the
Project. Elk River agrees to pay all partial and final construction costs for the
Project. Ramsey agrees to repay its share of the Project costs to Elk River in
equal annual installments over a period of three years with the first installment
due May 15, 2016, and subsequent installments due May 15, 2017 and May 15,
2018. No interest rate shall be applied to Ramsey's share of the Project costs.
4. Approval. Before this Agreement shall become binding and effective it shall be
approved by corresponding resolutions of the City Councils of Elk River and
Ramsey. The resolutions shall be attached as Exhibits B and C,
5. Liability. Both cities mutually agree to indemnify and hold harmless each other
from any claims, losses, costs, expenses, or damages, including reasonable
attorney's fees, resulting from the acts or omissions of the respective officers,
agents or employees of the indemnifying party, to the extent such acts or
omissions relate to activities conducted by the indemnifying party under this
Agreement.
6. Miscellaneous. It is understood and agreed that the entire agreement of the
Parties is contained herein and that this Agreement supersedes all oral agreements
and all negotiations between the parties relating to the subject matter of this
Agreement. Any alterations, variations or modifications of the provisions of this
Agreement shall be valid only when they have been reduced to writing and duly
signed by the parties.
7. Street Maintenance. Maintenance shall be shared under separate agreement.
8, Termination. Neither Party shall be allowed to terminate this Agreement without
prior written approval from the other Party. The terminating Party agrees to pay
all Project costs incurred through the date of termination. This Agreement will
expire upon all obligations being satisfactorily fulfilled.
9. Notice. For purposes of delivery of notices herein,the notice shall be effective if
personally delivered, or delivered by certified mail,to the City Administrator of
Ramsey, 7550 Sunwood Drive NW, Ramsey,Minnesota 55303, or the City
Administrator of Elk River, 13065 Orono Parkway, Elk River, Minnesota 55330,
as applicable.
CITY OF ELK.RIVER CITY OF RAMSEY
Mayor Mayor
Attest:
/0-
City Clerk City Administrator
LZ �[
Dated. Dated
EXHIBIT A
Gr I i
�l� r J1 Y• ' �/iikre///rf,//>) � �� � iii � fyy//��/ �l 1�4�:
r / ����r/�% r y pais, iia ✓ 11r>��i'f %/%%����'ip/ «
/� 1�� ✓� ,�� ////%� � f ,,�»r r�(r��� � Ir %//iii ��;�
J'J%�j / f� %/1 y '""��rf q��irli f�°7�"��✓ �e�fMyt�f���f�'/��/ f: ,„�r//
a �saavaut _^
ti
b .
A
... 185th and Jarvis
Improvements
I'll—,ti"..111a
�r wY��a�er.�aA,r.,�yr:m ass a/zeJaoia��}ens
EXHIBIT B
EXHIBIT C
Councilmember Kuzma introduced the following resolution and moved for its adoption:
RESOLUTION 415-06-144
RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR JARVIS STREET
RECONSTRUCTION AND RAILROAD CROSSING QUIET ZONE IMPROVEMENTS,
CITY IMPROVEMENT PROJECT 415-20
WHEREAS, pursuant to a resolution of the City Council adopted January 27, 2015, a
Feasibility Report was prepared by the City Engineer concerning the proposed improvements to
Jarvis Street between Highway 10 and 165`b Avenue, including the reconstruction of streets
including the construction of concrete curb and gutter and drainage conveyances, the construction
of railroad crossing quiet zone improvements, and other necessary appurtenant work; and
WHEREAS, pursuant to a resolution of the City Council adopted February 10, 2015, the
Feasibility Report was received and accepted, and a Public Hearing'was ordered for February 24,
2015; and
WHEREAS, the City Council conducted a Public Hearing on February 24, 2015, and
adopted a resolution ordering staff to prepare an agreement with Elk River to construct the
improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF RAMSEY,ANOKA COUNTY, STATE OF MINNESOTA, as follows:
1. The Joint Powers Agreement between the City of Elk River and the City of Ramsey
regarding the Jarvis Street Reconstruction and Railroad Crossing Quiet Zone
Improvements is hereby approved.
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Riley, and upon vote being taken thereon, the following voted in favor thereof
Mayor Strominen
Councilmember Kuzma
Councilmember Riley
Councilmember Johns
Councilmember LeTourneau
Councilmember Williams
and the following voted against the same:
None
and the following abstained:
None
and the following were absent:
Councilmember Slnyock
Whereupon said resolution was declared duly passed and adopted by the Ramsey City Council
this the 9th day of June, 2015.
Mayor
ATTEST:
City Cle
RESOLUTION#15-06-144
Page 2 of 2
City of
Elk
River
Resolution 15-
A Resolution of the City of Elk River Approving Joint Powers Agreement for
Jarvis Street Reconstruction and Railroad Crossing Quiet Zone
Improvements
WHEREAS, Elk River and Ramsey ("the Parties") jointly share ownership and
maintenance responsibilities for a section of Jarvis Street south of 165th Avenue NW and
north of Trunk Highway 10 and wish to share equally in all costs required to reconstruct this
shared section of Jarvis Street and the improvements required at the BNSF rail crossing to
qualify it as a quiet crossing ("the Pro)ect"); and
WHEREAS, The Parties recognize and acknowledge that equal benefit will be received
upon completion of the Project; and
WHEREAS, Minnesota Statutes section 471.59 authorizes political subdivisions of the
state to enter into joint powers agreements for the joint exercise of powers common to each.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk
River,Minnesota, as follows: The Joint Powers Agreement between the City of Elk River
and the City of Ramsey regarding the Jarvis Street Reconstruction and Railroad Crossing
Quiet Zone Improvements is hereby approved.
Passed and adopted this 61h day of July 2015.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREJ