91-036 RES
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JOINT RESOLUTION
RESOLUTION 91- 36
FOR THE
CITY OF ELK RIVER
AND
RESOLUTION 91-
FOR
SHERBURNE COUNTY
SETTING FORTH COOPERATIVE AGREEMENT
FOR CONSTRUCTION AND FINANCING
PROCTOR AVENUE (SHERBURNE COUNTY CSAH 1)
A RESOLUTION ADOPTING A COOPERATIVE AGREEMENT BY AND
BETWEEN THE CITY OF ELK RIVER AND SHERBURNE COUNTY
SETTING FORTH AN UNDERSTANDING FOR THE CONSTRUCTION
AND FINANCING OF PROCTOR AVENUE (SHERBURNE CSAH 1)
THIS AGREEMENT made and entered this 3rd
day of
June 1991, by and between the CITY OF ELK RIVER,
hereinafter referred to as the "City" and SHERBURNE COUNTY,
hereinafter referred to as the "County."
RECITALS
WHEREAS, the City and County have planned and provided
for certain road and public improvements throughout the City;
and
WHEREAS, the County and the City propose to undertake
the public improvements of Proctor Avenue (Sherburne CSAH 1)
consisting of the construction of grading, base material,
curb/gutter, asphalt wear surface, sidewalk, watermain, storm
sewer and sanitary sewer improvements (the Improvements)
identified as S.A.P. No. 71-601-13 and are those eligible for
reimbursement pursuant to State Aid rules; and
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Arrange for the transmission to and review and
comment by the Responsive Agenoy with respeot to
all design plans for the Improvements and
incorporate appropriate changes necessary to
provide for a mutually satisfactory and
benefioial Improvement de8ign.
~repare and transmit to the Responsive Agency any
periodic status reports in connection with the
tasks and services set forth herein.
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the mutual promises and covenants. hereinafter contained, the
County and City agree as follows,
1. Planned Imprpvements and Schedu~~s.
The County and City agree that congtruotion of the
Improvements is mutually beneficial to the County and
City, resulting in increased benefits to the County
and City.
2. Responsibility for Improv~mBnts.
The City shall be the Lead Agenoy and shall be
primarily responsible for the accomplishment of the
tasks required to affect the construction of the
Improvements in accordance with the provisions hereof.
The County shall be the Responsive Agency with respect
to the said Improvements. The responsibilities for
the County and City respectively shall be as set forth
in the attached Exhibit A.
Responsibility of the Lead Aq~n~.
The Lead Agency shall be responsible for the
development and supervision of all administration and
construotion necessary for the completion of the
Improvements. In fulfillment of the above, the Lead
Agency shalll
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( 1)
(2)
(3)
(4)
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(5)
Implement procedures pursuant to Minnesota
Chapter 429, to the extent reasonably necessary,
to cooperate in the financing mechanisms as
agreed upon by the Responsive Agency.
Develop, employ, and recommend appropriate
financing mechanisms necessary to pey for the
cost of the Improvements, and shall be
responsible for bonding the cost of the
Improvements.
prepare and 8ubmit to the Responsive Agency for
approval any changes in the Improvements
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affecting the cost, scope, or design of the
Improvements.
RBsponsibilitie~ of the Responslye Agenoy.
The, Responsive Agency with respect to the Improyements
shallt
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(2)
(1) Independently arrange for, by contract or
otherwise, the timely performance of any
planning, engineering, design, services necessary
to accomplish the Improvements.
Review and comment on such information with
respect to the Improvements a8 may be provided by
the Lead Agency.
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Reimburse the Lead Agency the full portion of the
cost of Improvements that has been allocated to
the Responsive Agency (estimated to be $406,945).
(4) Reimburse the Lead Agency within seven (7) days
of the date the submittal of partial pay
estimates by the Lead Agency for installed
Improvements.
4.
(3)
5.
General Provi,iona.
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Upon acceptance of the plans and specifications by the
city, advertisement for bids and accepeance of bids,
the County and the City shall mutually agree to order
the Improvements.
Unless otherwise determined by mutual agreement of the
County and City, the City shall have the exclusive
responsibility with respect to the construction of the
Improvements for which it is the Lead Agency for eafe
and efficient operation and construction. Unle8e
otherwise determined by agreement of the County and
City, all persons performing services with respect to
the Improvemente for which the City is the Lead Agency
shall be and remain employees or contractors of the
City and shall not be employees or regarded as
, contractore of the County.
6. Insutance.
The City shall procure and maintain general liability
insurance and other appropriate forms of insurance
with reepect to the 'Improvements for which it is
reeponsible through construction.
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Hold Harmless.
9.
The County and City shall defend, indemnify and hold
the other harmless from any and all suite, actions,
loss, damage, or expense arising out of any act of the
other, its agents or employees arising out of the
design and construction of the Improvements for which
it is responsible. This provision shall survive
completion of the improvements. This provision shall
survive the expiration of the Agreement.
Period of A~reement.
This Agreement shall remain in force and effect until
the completion of the Improvements or until
satisfaction of all finanoial obligations arising
hereunder, whichever is later.
9. Notice.
Any notice required or permitted to be given under
this Agreement will be suffioient if in writing and
sent by registered or certified mail or hand delivered
to the Municipalities below at the addresses set forth
or at such other places as the Municipalities shall
designate in writing by certified or registered mail.
Patrick D. Klaers
city Administrator
City of Elk River
720 Dodge Avenue N.W.
Elk River, MN 55330
Russell Matchinsky
county Highway Engineer
Sherburne eounty Highway
Department
425 Jackson Avenue
P.O. BOX 338
Elk River, MN 55330
10. ~ntire Agreement.
This Agreement sets forth the entire understanding
between the County and City, there being no other
terms, conditions, warranties or representations other
than those contained herein, and no amendments hereto
shall be valid unless made in writing and signed by
the County and City hereto.
11. Severable.
In the event any portion of this Agreement shall be
held to be invalid, the same shall not affect in any
respect whatsoever the validity of the remainder of
this Agreement.
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12. Binding Ef~ect.
~ Unless otherwise agreed to in writing, this Agreement
shall be binding upon and inure to the benefit of the
County and City hereto, their permitted assigns and
successors in interest.
13. Waiyer.
Any waiver by any party to this Agreement or breach of
any provision of this Agreement will not operate as or
be construed to be a waiver of any subsequent breach
thereof.
14. Governipg Law.
in the State of Minnesota,
the ;a1s of the State of
IN WITNESS HEREOF, the parties heretO have executed this
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Agreement as of the day and year first above written.
This Agreement is entered
and will be controlled by
Minnesota.
CITY OF ELK RIVER
SHERBURNE COUNTY
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BYI
~t~ rf -;:;~
Its, /1/r71
By. ~~
Its I~Boa Chair ~
Attest: _~
avid Loch
Coordinator
BYI
.-
J~ >:J~jluAL~a ,
Itst City c*erk /
/
Itsl
Clerk Coordinator
Approved as to form
Bye
Its:
County Attorney
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EXHIBIT A
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1. Feasibility Study
Preparation, review and approval
2. Order preparation of plane and specifications
3. Approve plans and speoifications
4. Publio Improvement Hearing
5. Assessment hearing, adoption of assessment
role
6. Order project and award contracts
7. Construction
8. Cost reimbursement to city from County State
Aid Highway Funds
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BY
City
County/City
County/City
City
City
City
City
County