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Resolution No. 2024-74, Approving a JPA with AC for Reconstruction of CSAH 6 at CSAH 35 Resolution No. 2024-74 Approving a Joint Powers Agreement with Anoka County for the Reconstruction of County State Aid Highway 6 (Mississippi Street NE) at County State Aid Highway 35 (Central Avenue NE) Whereas, Anoka County (County) and the City of Fridley (City) share a common goal to improve safety of roadways in the City; and Whereas, Minnesota Statute § 471.59 provides for the joint exercise of common or similar powers by government units and also provides that any one governmental unit may perform on behalf of another government unit any service or function which that unit would be authorized to perform for itself; and Whereas, the County recognized the need for safety improvements at the intersection of County State Aid Highway 6 (Mississippi Street NE) at County State Aid Highway 35 (Central Avenue NE) and with the City’s support, applied for and successfully obtained funding to provide improved safety through the federal Highway Safety Improvement Program; and Whereas, the proposed project at the intersection of County State Aid Highway 6 (Mississippi Street NE) at County State Aid Highway (Central Avenue NE) will reconfigure the intersection to include a mini-roundabout, (Project); and Whereas, the conceptual improvements that are to be included in the Project have been developed with input from the City; and Whereas, in accordance with the County cost share policy, the City is responsible for a share of the construction and engineering costs of the Project as stipulated in the agreement. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the attached Joint Powers Agreement with Anoka County for the Reconstruction of County State Aid Highway 6 (Mississippi Street NE) at County State Aid Highway 35 (Central Avenue NE). th Passed and adopted by the City Council of the City of Fridley this 28 day of May, 2024. _______________________________________ Scott J. Lund – Mayor Attest: Melissa Moore – City Clerk Resolution No. 2024-74 Exhibit A Anoka County Contract No. C0010686 JOINT POWERS AGREEMENT FOR THE CONSTRUCTION OF A ROUNDABOUT ON COUNTY STATE AID HIGHWAY 6 (MISSISSIPPI ST NE) AT COUNTY STATE AID HIGHWAY 35 (CENTRAL AVE NE) IN THE CITY OF FRIDLEY, MN (SP 002-606-013) THIS AGREEMENT is made by the parties on the last date executed below, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Fridley, 7071 University Ave NE, Fridley, MN 55432, hereinafter referred to as "City". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to construct a roundabout on County State Aid Highway 6 (CSAH 6) at County State Aid Highway 35 (CSAH 35) and, WHEREAS, said parties mutually agree that CSAH 6 at CSAH 35 is in need of improvements; and, WHEREAS, the County has prepared preliminary design plans for the reconstruction of CSAH 6 at CSAH 35 in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over CSAH 6 @ CSAH 35 and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minn. Stat. § 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, IT IS MUTUALLY STIPULATED AND AGREED: I.PURPOSE The parties have joined together for the purpose of reconstructing the roadway, drainage, trail, pedestrian overpass, bridge, pedestrian underpass and traffic control systems as well as other utilities on CSAH 6 (Mississippi St) at CSAH 35 (Central Ave); as described in the preliminary design plans. The County project number for the reconstruction is SP 002-606-013 and the City project number is SP 127-304-002. Said engineering plans are filed in the office of the Anoka County Highway Department and incorporated herein by reference. The parties to this Joint Powers Agreement (JPA) agree in principle that construction of SP 002-606-013 is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit ÐAÑ defines the preliminary design of the Project. 1 Anoka County Contract No. C0010686 It is agreed that the Exhibit ÐAÑ Layout dated January 24, 2024 has been reviewed and accepted by the parties and is suitable for preparation of final construction documents. Any significant changes made hereafter to the design as presented in the Exhibit ÐAÑ Layout will require approval by the parties as an amendment to this JPA. These same changes will require a change in the cost share to include any additional design engineering costs that may occur. II. METHOD The County shall cause the construction of Anoka County Project SP 002-606-013 City project number SP 127-304-002 IMPROVEMENTS: It is agreed by the parties that in 2025, CSAH 6 at CSAH 35 will be reconstructed to a roundabout to the extent shown in ÐExhibit AÑ. Improvements include, but are not limited to: concrete medians, concrete center island, concrete curb and gutter, storm sewer, bituminous trail and concrete walk. INTERSECTIONS: As agreed by the parties, improvements to the following intersections have been incorporated in the Exhibit ÐAÑ Layout design: CSAH 6 / CSAH 35: Roundabout RIGHT OF WAY: The parties agree that the County will acquire all necessary right-of-way and easements for the Project. Acquisition of any additional right-of-way and/or easements needed for improvements to the City street intersections beyond what is defined in the Exhibit ÐAÑ Layout will be the responsibility of the City. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the County prior to acceptance of bids for the project. Any City owned property or easements required for the construction will be conveyed to the County at no cost. DRAINAGE: The City shall pay for a percentage of the cost of the storm sewer system, including the detention basins and their outlet structures. The City portion of the cost is based on contributing flow through the storm sewer system to the detention basin determined by the product of contributing area and runoff coefficient. ENVIRONMENTAL ISSUES: An architectural review has been performed as part of the Environmental process. It was concluded that the project has no architectural impacts. SIDEWALK: The parties agree that the construction of the sidewalk along the roadway is eligible for federal funds and that the City will be responsible for the local match in areas where no sidewalk exists and the County 2 Anoka County Contract No. C0010686 will be responsible for the local match where a sidewalk currently exists. This sidewalk location has been agreed to by the City. If this location changes in the future, the additional costs associated with this change will be the responsibility of the City. The parties understand that the cost for the sidewalk includes: concrete surfacing, aggregate base, excavation (including muck excavation), borrow material (granular and topsoil), and turf establishment. The parties agree that the County also pays for the design of the sidewalk, the additional right of way and easements required to construct the sidewalk at the proper location, and any removal items required to construct the sidewalk. BITUMINOUS TRAIL: The parties agree that the construction of the bituminous trail along the roadway is eligible for federal funds and that the City will be responsible for the local match in areas where no trail exists and the County will be responsible for the local match where a trail currently exists. This trail location has been agreed to by the City. If this location changes in the future, the additional costs associated with this change will be the responsibility of the City. The parties understand that the cost for the trail includes: bituminous surfacing, aggregate base, excavation (including muck excavation), borrow material (granular and topsoil), and turf establishment. The parties agree that the County will pay for the design of the trail, wetland mitigation required by impacts caused by the trail, the additional right of way and easements required to construct the trail at the proper location, and any removal items, with the exception of any soils correction in areas of existing trails, required to construct the trail. TRAFFIC CONTROL: The parties understand and agree that portions of CSAH 6 or CSAH 35 will not be closed to thru traffic during construction, but traffic may be restricted to one direction. Access for local traffic will be maintained during construction. The parties agree and understand the cost share for traffic control for the city shall be a prorated share based on the city project cost divided by the total project cost. DRIVEWAYS: The parties agree that all driveways affected by the Project (excluding those identified for removal) will be reconstructed in kind at 100% project cost with the cost of any upgrades requested by the City, including concrete aprons, to be the sole responsibility of the City. LIGHTING: The parties agree that the roundabout intersection lighting costs will be shared per the standard cost share for traffic signals, with the City paying for 50% of the roundabout lighting. If the City would like additional lighting on the Project, this would be 100% City cost. Lighting will be installed in accordance with the City lighting ordinance and will contain LED fixtures wherever possible and provided such lighting is within the budget for the project. Following the reconstruction, the ongoing roadway lighting maintenance the CSAH 6/CSAH 35 roundabout will be consistent with Anoka County warranted traffic signal maintenance practices, with the City being 100% responsible for all luminaire maintenance, and 100% responsible for the ongoing supply of electrical power for the lighting system. 3 Anoka County Contract No. C0010686 UTILITIES: The parties agree that the Exhibit ÐAÑ Layout does not include specific proposed utility locations, as those will be determined during later stages of the design process. The City will be responsible for the design of any sanitary sewer and water main improvements and/or relocations due to road reconstruction, which will be incorporated into the project bid documents. The cost of the design of these features shall be the responsibility of the City. In areas where relocations are solely due to the road reconstruction federal funds shall be applied. The CityÓs design of any sanitary sewer and water main utilities are to include signed plans, specifications, and estimated quantities (using MnDOT Item Numbers) and cost. All construction documents must be submitted to the County by Month Day, Year. PERMITS: The parties agree that the County will secure all necessary permits for this Project. The City agrees to coordinate with the County in securing the permits required by the Rice Creek Watershed District, city permits, as well as any other permits that may be required. The County also requests that the City inform the County of any ordinances or city regulations that affect construction at the time of the signing of this JPA (e.g. setbacks, tree clearing ordinances, or any other city ordinances). III. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the Ðactual construction costs" and shall be so referred to herein. "Estimated construction costs" are good faith projections of the costs, which will be incurred for this project. Actual costs will vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project is $1,363,246.20. Federal funds available for the Project are capped at $1,170,000. The federal funds shall be split based on the ratio of eligible cost incurred by each party to the total eligible project cost. Eligible costs are the costs of items that can participate in federal funding as shown on Exhibit B. The total estimated construction cost to the City is $190,990.60 (prior to application of federal funds available). After federal funding percentage is applied, the cost to the City for their share of the construction items of the Project is $28,040.38 ($190,990.60, minus $163,676.71, the federal funds available to the City). The City participation in construction engineering will be at a rate of eight percent (8%) of their designated construction share of $190,990.60. The estimated cost to the City for construction engineering is $15,279.25. In summary, the total City share of this project is $206,269.85 (includes construction and construction engineering costs). The total cost to the city after federal funds have been applied including construction engineering is * $42,593.14 ( see summary below). *( $190,990.60 Î $163,676.71 + $15,279.25 = $42,593.14, note: construction engineering costs are not federally eligible) 4 Anoka County Contract No. C0010686 Upon award of the contract, the City shall pay to the County, upon written demand by the County, ninety five percent (95%) of its portion of the cost of the project estimated at $40,463.48. Prior to billing, this estimate will be updated by the County to reflect the actual bid prices as awarded. An updated cost estimate shall be provided to the City at the time of billing. The City's share of the cost of the project shall include only construction and construction engineering expense and does not include engineering design and administrative expenses incurred by the County. After final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95%) charged will be made in the form of credit or additional charges to the City's share. Also, the remaining five percent (5%) of the City's portion of the construction costs shall be paid. The County agrees to submit to the City for review final quantities and cost within one year of project substantial completion. IV. TERM / TERMINATION This Agreement shall become effective immediately upon execution, and will remain in effect until the Project and all restoration activities are completed, with exception of the ownership and maintenance provisions within this Agreement which shall continue indefinitely. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. Prior to city payment to the County, Anoka County shall provide the City a copy of all cost participation documents submitted to MnDOT State Aid to assist the city in their application for MSA funding. VIII. MAINTENANCE A. Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), and detention basins (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation of the City. B. Maintenance of the bituminous trail constructed as part of the Project shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as sweeping, clearing, plowing, trash removal and other incidental items. The City shall be responsible for long-term maintenance, such as bituminous overlays, crack sealing and replacement. 5 Anoka County Contract No. C0010686 C. Maintenance of the sidewalk constructed as part of the Project shall be the responsibility of the City. The City shall be responsible for general routine maintenance, such as sweeping, clearing, plowing, trash removal and other incidental items. The City shall be responsible for long-term maintenance, such as crack sealing and replacement. D. Maintenance of crosswalk pavement markings shall be the responsibility of the City and the County. The County will be responsible for the maintenance of the crosswalk pavement marking for the crossings at the roundabout. The City will be responsible for all crosswalk pavement markings for any trail/sidewalk crossings at all city streets. E. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. The City will be responsible for long-term maintenance and replacement of the complete street light system including items such as: poles, fixtures, luminaires, and control cabinets. F.The City shall be responsible for the maintenance and up-keep of the center islands located within each/the roundabout(s). IX. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Manager of City of Fridley, 7071 University Ave NE, Fridley, MN 55432, on behalf of the City. X. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XI. ENTIRE AGREEMENT REQUIREMENT OF A WRITING 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 thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. 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. XII. COUNTERPARTS This Agreement may be executed in any number of counterparts, each one of which shall be deemed to be an original, but all such counterparts together shall constitute one and the same instrument. 6 Anoka County Contract No. C0010686 IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNTY OF ANOKA CITY OF FRIDLEY By: By: Dee Guthman Scott J. Lund Interim County Administrator Mayor Dated: By: Walter T. Wysopal City Manager Dated: RECOMMENDED FOR APPROVAL: By: By: Joseph J. MacPherson, P.E. Jim Kosluchar Transportation Division Manager Public Works Director/City Engineer Dated: APPROVED AS TO FORM AND EXECUTION: By: By: Christine V. Carney Sarah Sonsalla Assistant County Attorney City Attorney Dated: 7 Anoka County Contract No. C0010686 EXHIBIT ÐAÑ Layout 8 Anoka County Contract No. C0010686 EXHIBIT ÐBÑ Cost Distribution Spreadsheet 9 Anoka County Contract No. C0010686 EXHIBIT ÐCÑ FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY ITEMS COUNTY SHARE CITY SHARE Concrete Curb & Gutter 50% 50% Concrete Curb & Gutter for Median and Center Island Construction 100% 0% 1 Concrete Median 100% 0* Concrete Sidewalk 0% 100% Concrete Sidewalk Replacement 100% 0% Bikeways 0% 100% Bikeway Replacement 100%, 0% Unless existing trail not placed at edge of R/W Construction or Adjustment of Local Utilities 0% 100% Grading, Base and Bituminous 100% 0% 22 Storm Sewer based on state aid letter* based on state aid letter* Driveway Upgrades 100%, in-kind 100%, of up-grades Traffic Signals, new (communities larger than 5,000) ½ the cost of its the cost of its legs of w/ State Aid approved SJR legs of the intersection the intersection plus ½ the cost of the County legs of the intersection Traffic Signals, replacement (communities larger than 5,000) t he cost of its legs of the cost of its legs of w/ State Aid approved SJR the intersection the intersection Traffic Signals, new & replacements (communities less than 5,000) 100% 0% w/ State Aid approved SJR Traffic Signal, w/o State Aid approved SJR 0% 100% EVP 0% 100% 33 Engineering Services * * *4 Right-of-Way 100% 0% Street Lights 0% 100% *5*5 Noise Walls 100%, if not previously notified 100%, if previously notified *1 The County pays for 100% of Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as brick, stamped concrete, or landscaping, the local unit will pay the additional cost above the cost of standard median. *2 In the event no State Aid is being used, or in the event the state aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing flow outside the County right of way to the total contributing flow. *3 Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. *4 In the event that the Township or City requests purchase of right-of-way in excess of those rights-of-way required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right-of-way, in which case the Township or City may pay for that portion of the right-of-way. Acquisition of right-of-way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not acquire sufficient right-of-way during the platting process or redevelopment process as requested by the County shall be paid by the Township or City. *5 Notification includes any letter to the agency indicating that noise will potentially be an issue in the future, likely received during the Plat Review Process. Maintenance shall be the responsibility of the agency paying for the initial installation. When the County is the responsible agency, it shall pay 100% of Standard Noise Wall Cost. If a local agency requests decorative noise walls, the requesting agency will pay the additional cost above the cost of standard noise wall. 10