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Oak Park Heights ' '� ; 8
Request for Council Action
Meeting Date March 25th, 2008
Time Required: 5 Minutes
Agenda Item Title: OPH-Washington County Agreement on Road Limits and Reconstruction of
62nd Street and Oxboro Ave.
Agenda Placement New Business •
Originating Department/Requ stogy Eric Johnson, City Administrator
Requester's Signature _--
Action Requested See disc A ssion below and recommendation.
/
Background/Justification (l'1 ase indicate if any previous action has been taken or if other public
bodies have advised):
At this time the City is attempting to negotiate an acceptable agreement with the County that will allow
the County to exceed the Road Limits on 62nd Street and Oxboro Ave,as the County has not agreed to
the initial document provided on March 14th,2008 as originally anticipated.
I have enclosed the most recent draft that does authorize the County to exceed the 7-ton road limits on
62nd Street an the 5 ton road limits on Oxboro Ave. Essentially, in exchange for this permission,the
County is committing to reconstruct these streets not later than 12/31/2011 and is authorizing that the
City may retain a portion of the current Letter of credit until such time as the street is reconstructed.
The County also desires to enter into future discussions that would convey these street sections to their
jurisdiction.
Requested Actions:
• Authorize the City Administrator and City Attorney to negotiate an acceptable
agreement between the City and Washington County that will ensure protection of City
streets and will better enable Washington County to proceed without the need for the City
to implement on-site temporary scales.
• Authorize the Mayor and Administrator to execute such document once negotiations are
finalized.
AMENDMENT#1
TO
AGREEMENT BETWEEN
THE CITY OF STILLWATER, THE CITY OF OAK PARK HEIGHTS,
AND THE COUNTY OF WASHINGTON
FOR DEVELOPMENT ON THE CAMPUS OF THE
WASHINGTON COUNTY GOVERNMENT CENTER
THIS AGREEMENT amends the Joint Powers Agreement entered into by and among the City of
Stillwater("Stillwater"), Washington County,Minnesota("County"), and the City of Oak Park
Heights ("OPH"), and dated October 4, 2005, as follows:
1. The following definitions of road segments are added and effective for the purposes of
this Amendment as follows:
DEFINITIONS
1. Road Segment#1 shall be defined as that portion of end Street North from
Osgood Avenue(County State Aid Highway 24)easterly to Panama Avenue,total length approx.
0.25 miles.
2. Road Segment#2 shall be defined as that portion of Oxboro Avenue from 62nd
Street North south to terminus at TH 36 frontage road, total length approx. 0.21 miles.
2. SECTION TWO is amended by adding the following provision:
5. Seasonal Weight Restrictions. Stillwater delegates to the County its statutory
authority to post seasonal weight restrictions on Road Segment#1 except that the County will
not be authorized to allow weights in excess of 9 tons per axle.
3. SECTION THREE is amended by adding the following provision:
7. Seasonal Weight Restrictions. OPH delegates to the County its statutory authority
to post seasonal weight restrictions on Road Segments#1 and#2 except that the County will not
be authorized to allow weights in excess of 9 tons per axle.
Page 1 of 4
4. SECTION FOUR is amended by adding the following provisions:
9. Seasonal Weight Restrictions. The County will provide all necessary signing for
posting seasonal weight restrictions on Segment#1 and Segment#2.
10. Routine Road Surface Maintenance. The County will provide all customary
maintenance for Segment#1 and Segment#2 maintaining roadway surfaces in safe and passable
00 8.
condition beginning on the Amendment#1 effective date of March 14,2
Routine maintenance includes but is not limited to:
a. Pothole patching and crack repair
b. Street Sweeping
c. Pavement striping and pavement messages
d. Highway signing
e. Snow and ice removal
11. Road Surface Repairs. The County will immediately repair any damage caused
by truck construction traffic in and about the County Government Center
12. Jurisdictional Transfer. The County Engineer will initiate discussions with
Stillwater and OPH City Engineers on jurisdictional transfer of Segment#1 and Segment#2 to
Washington County under MN Stat. 163.11 for designation as a County Road. The County will
make good faith effort to complete jurisdictional transfer by August 1,2008. All parties hereto
agree to cooperate and pursue to completion the transfer of roadway authority for road segment 1
and 2 to the County.
13. Road Improvements. The County will reconstruct Segments#1 and Segment#2
by December 31st,2011.. The County may not alter street parking signage as current installed on
Oxboro AveSegment#2 or change or close street access thereto from the Oak Park Apartments
or Oakridge Place without the consent of the City of OPH, or until such time the County has
complete roadway jurisdiction over this Segment. #2,
Page 2 of 4
a. The project scope will include improvement of traffic flow to the public parking
areas, improvement in pedestrian facilities, and may meet the MNDOT State Aid for Local
Transportation standards for an urban road section.
b. Oak Park Heights and Stillwater financial participation will be limited to any
costs associated with improvements made to City utilities(water, sanitary sewer and storm
sewer). The cities shall retain all necessary utility easements as required by each City Engineer
and cities shall not be responsible for final site restoration costs should such utilities require
maintenance, service, replacement or other needed access.
14. The terms and provisions of this agreement shall be incorporated by reference into
the August 10,2007 Developer's Agreement executed between the City of Oak Park Heights and
Washington County . . . . • ... . - . - . .' - ..-. . , . . . .
Plan A section thereof
a. OPH OPH may retain$50,000.00 of the Letter of Credit to secure the reconstruction of
the segments. This may be secured until the reconstruction has been completed or the County
assumes jurisdiction of the segments,whichever comes first.
IN WITNESS WHEREOF,the parties have executed this Amendment#1 as of the date first
hereinabove written and is agreed to be effective as of March 14, 2008.
CITY OF OAK PARK HEIGHTS CITY OF STILLWATER
By By
David Beaudet, Mayor Ken Harycki,Mayor
By By
Eric Johnson, City Administrator Larry D. Hansen, City Administrator
Dated: Dated:
Page 3 of 4
Approved as to Form Approved as to Form
By:
City Attorney Oak Park Heights City Attorney Stillwater
COUNTY OF WASHINGTON
By
Dennis C. Hegberg, Chair, County Board
By
James R. Schug, Administrator
Dated
APPROVED AS TO FORM
By
County Attorney
Page 4 of 4
JOINT AND COOPERATIVE AGREEMENT RELATING TO THE USE OF
LAW ENFORCEMENT PERSONNEL AND EQUIPMENT AND THE
INVESTIGATION OF MAJOR CASES
I. GENERAL PURPOSE
The purpose of this agreement is to provide a means by which a party to this
agreement may obtain emergency law enforcement assistance from other parties when: 1)
unexpected exigent circumstances arise, or 2) assistance is sought in major case
investigations, or 3) circumstances exist such that the parties requesting and providing such
assistance deem it to be appropriate. This agreement is made pursuant to Minnesota
Statutes 471.59.
II. DEFINITION OF TERMS
For the purposes of this agreement, the terms defined in this section shall have the
meanings given them.
Subd. 1 "Party" means a governmental unit which is a party to this agreement.
Subd. 2 "Eligible party" means a governmental unit which is entitled to become a
party to this agreement, at its own option. The eligible parties are the County of Washington
and every city, and town within the County of Washington, State of Minnesota.
Subd. 3 "Requesting part " means a party Y which requests law enforcement
assistance from other parties.
Subd. 4 "Responding party" means a party which provides law enforcement
assistance to a requesting party.
Subd. 5 "Law enforcement assistance" includes police or sheriff personnel and
equipment.
Subd. 6 "Requesting official" means the person who has been designated by the
requesting party to request law enforcement assistance from other parties.
Subd. 7 "Responding official" is the person who has been designated by a party to
determine whether and to what extent that party should provide law enforcement
assistance to a requesting party.
Subd. 8 "Special Response Team (S,RT)" is a multi-agency law enforcement support
unit which is specially trained and equipped to respond to and resolve critical incidents and
other high risk law enforcement functions.
•
III. PARTIES
The parties to this agreement shall consist of as many eligible parties as shall elect,
through resolutions adopted by their respective governing bodies, or authorized
representative, to become parties. Upon the adoption of such resolution by an eligible party,
an executed copy of this agreement shall be sent by it to the Sheriff of Washington County.
When two or more eligible parties have elected to become parties and have provided such
resolutions to the Sheriff of Washington County, this agreement shall become operative,
and shall continue in force until, by reason of withdrawals as hereinafter provided, the
number of parties to this agreement is reduced to less than two. The Sheriff of Washington
County shall maintain a current list of the parties to this agreement, and whenever there is a
change in the parties of this agreement, the Sheriff shall notify the designated responding
official of each of the parties of such change.
IV. PROCEDURE
Subd. 1 Each party shall designate, and keep on file with the Sheriff of Washington
County, the name or title of the person(s) of that party who shall be its requesting official and
responding official. A party may designate the same person as both the requesting official
and the responding official. A party may designate additional and/or alternate officials to act
in the absence of the official. Each party shall also designate one of the four options for SRT
response as described in Section V, below.
Subd. 2 Whenever, in the opinion of a requesting official of a party, there is a need for
personnel and equipment or assistance in a major case investigation from other parties to
assist the officers of the requesting party, such requesting official may call upon the
responding official of any other party to furnish such assistance to the requesting party. If the
requesting official of a party determines the need for an SRT response, that request shall be
made.to the Sheriff, Cottage Grove Director of Public Safety, or the Woodbury Director of
Public Safety(or their respective designees).
Subd. 3 Upon the receipt of a request for personnel and/or equipment or
assistance in a major case investigation from a party, the responding official for any
other party may authorize and direct law enforcement officers of the responding party to
provide assistance to the requesting party, and if so, to what extent such assistance
shall be provided shall be determined solely by the responding official (subject to such
supervision and direction as may be applicable to the officer within the governmental
structure of the party by which the officer is employed). Failure to provide assistance will
not result in liability nor provide a cause of action as to a party or as to any third party.
Subd. 4 When a responding party provides law enforcement assistance under
the terms of this agreement, it may in turn request assistance from other parties as
"back-up" during the time that it is providing law enforcement assistance outside its
boundaries.
Subd. 5 Whenever a responding party has provided law enforcement assistance
to a requesting party, the responding official may at any time end such assistance or
2
any part thereof to the requesting party, if the responding official in the official's best
judgment deems this necessary.
Subd. 6 When a responding party supplies law enforcement officers to a
requesting party, such officers shall remain employees of the responding party; shall be
paid by the responding party; shall be protected by the Worker's Compensation of the
responding party; and shall otherwise be deemed to be performing their regular duties
for the responding party. However, the responding party shall undertake to coordinate
with the requesting party the operational law enforcement assistance which it provides.
Subd. 7 A responding party shall be responsible for its own personnel, equipment
and supplies and for injuries or death to any such personnel or damage to any such
equipment or supplies, except that unused equipment and supplies shall be returned to
the responding party by the requesting party as soon as circumstances so permit.
Subd. 8 The requesting party shall not be responsible for any injuries, losses or
damages to persons or property arising out of the acts of any of the personnel of a
responding party nor shall the responding party be responsible for any injuries, losses or
damages arising out of the acts of any of the personnel of the requesting party or the
personnel of any other responding party.
Subd. 9 The chief peace officer of the requesting party, or the designee, shall be
responsible for the supervision of a major case investigation and the members assigned
to the major case investigation team.
Subd. 10 All members assigned to the major investigation team shall prepare
reports at the direction of the chief peace officer of the requesting party, or the
designee. All reports created by a responding party shall be maintained by that party but
shall only be released by requesting party, who shall handle the data consistent with the
Minnesota Data Practices Act and related policies of the requesting party.
Subd. 11 The requesting party shall be the custodian of all evidence and/or
property collected and/or maintained in the course of the requesting party's
investigation. The requesting party shall be responsible for the processing of all •
evidence for appropriate analysis or examination.
Subd. 12 Only the chief peace officer of the requesting party, or the designee,
shall respond to media requests for information concerning the major case investigation
until the case is submitted to the prosecuting authority.
V. SRT PROCEDURE
The primary concern of everyone is the safety of the officers, the public, and the subject(s)
involved in a critical incident. The potential for an SRT incident exists throughout the County,
and some plan for response needs to be in place. Response by the SRT, due to the
specialized training and equipment, is very costly. A cost-effective method of making that
3
service available is drawing a small amount of resources from each law enforcement agency
in the County. There are four options available to provide for SRT response to a requesting
agency:
Option 1 - assign an officer(s) as a tactical officer
Option 2 - pay an annual fee equivalent to the cost of assigning an officer(s)
Option 3- pay a fee if the Team is used
Option 4 - if none of the three options are selected by a requesting agency at the time
of execution of this agreement, response by Washington County SRT will not be
available for the requesting agency.
Birchwood, Landfall, and the portions of White Bear Lake and Hastings within the County,
receive primary police response from law enforcement agencies from outside the County. If
those agencies choose Options 1 or 2, response by the SRT will only be available to those
agencies within their response areas in Washington County.
Exhibit A describes the formula for determining participation on the SRT.
VI. WITHDRAWAL AND TERMINATION
This agreement shall continue in effect until the number of parties is less than two.
Any party may withdraw at any time upon thirty (30) days written notice to the Sheriff of
Washington County. The Sheriff of Washington County shall thereupon give notice of such
withdrawal, and of the effective date thereof, to all other parties, as hereinbefore provided.
Such a party may again become a party by entering into this agreement.
IN WITNESS WHEREOF, the undersigned has caused this agreement to be executed
and delivered on its behalf.
Dated this 13th day of May , 2003.
Agency City of Oak Park Heights
By « 4 SRT Response Option 1
"ric A. John-.. (See attachment A)
Its C ty Admini ator •
By
L`ndy S*anson
its Police Chief
4
Attachment A to Joint and Cooperative Agreement
In 1997, a decision was made to combine the Sheriff's Office SWAT and the
T. After a significant amount of discussion
Cottage Grave/Oakdale/Woodbury ER g
and evaluation, it was agreed that a 30 members would be necessary to respond
safely appropriately and to critical incidents throughout the County. At the time
the teams combined, a decision was made to not allow other police departments
to join until possibly some time in the future, due to organizational and training
challenges associated with combining the Teams. The SRT is now a trained and
functioning combined unit, and additional members need to be added to reach
the desired number. The most equitable way of sharing the costs of the SRT is to
add officers from other police departments.
We evaluated population and number of peace officers within each jurisdiction.
The percentage of total population by agency, and the percentage of total officers
by agency were very similar, with the exception of WCSO and Woodbury. WCSO
provides primary law enforcement service to 28% of the population, but has 35%
of the total full-time officers. Woodbury serves 27% of the population and has
21% of the full-time officers. We assumed that the number of peace officers
within a jurisdiction was some representation of the need for law enforcement
services, and therefore the most reliable correlation to SRT activation. Based on
that formula, the following SRT personnel assignments are equitable: (Note -The
use of part-time officers varies significantly between departments. Some
departments have part-time officers that are used very little, if at all, for regular
patrol duties. Based on that position, the part-time officers were excluded from
the analysis.)
City #of sworn % of total #assigned
sworn • to SRT
Bayport 5 2% 1
Cottage Grove 36 16% 5
Forest Lake 18 8% 2
Oak Park Heights 9 4% 1
Stillwater 19 8% 2
St Paul Park 8 4% 1
WCSO 83 37% 11
Woodbury 49 22% 6
Total 227 29
(Newport and Oakdale Police Departments have chosen to not contribute
personnel to the SRT at this time.)
The four options available for each requesting party are:
Option 1 —Assign an officer (2 in the case of Stillwater and Forest Lake) to serve
as a tactical officer. The police department will supply the initial uniform
equipment as part of the assignment—approximately $2600. The department will
also be responsible for the "Basic SWAT" training class —approximately $600.
The department will also be responsible for a percentage of the annual operating
•
budget—currently about $1170 per tactical officer per year.
Option 2 —The City can pay an annual fee and receive services from the Team
as though they had a participating officer. The annual fee will be approximately
$6000 per year per officer:
$4,200. wages and benefits
$1,170 annual operating budget
$ 630 initial uniform/training (assuming 5 year assignment)
$6,000
Option 3 —Pay expenses if the Team is activated. The cost for response by the
Team will be $750 per tactical officer for the first 4 hours, plus the actual costs for
negotiators and communications personnel. Actual costs for all officers after 4
hours. An 8-hour incident with a response of 2/3 of a 30 person Team would cost
approximately (assuming no cost for WCSO response):
20 tactical officers @ $750(8 WCSO) $ 9,000 4 hours
12 officers @ $42 per officer/hr $ 2,016
4 negotiators (2 WCSO) $ 672
2 communications operators (WCSO) $ 0
misc gas/supplies/bullets $ 1,200
Total $12,888
Option 4— Pay nothing and no eligibility for SRT response.
tea �� El Wi 7 1
� Minnesota Department of Transportation 1
OF rah' Transportation Building F?,tJ Jv;
395 John Ireland Boulevard �� )
Saint Paul, Minnesota 55155-1899 'i�\AI ___ It/
(651)296-0969
August 18, 1999 Room 618
Lisa Schleusner 2°
City of Oak Park Heights
14168 N. 57th Street
Box 2007
Oak Park Hts., MN 55082
,/ RE: Coop. Const. Agree. No. 76528
City of Oak Park Heights
S.P. 8214-119 (T.H. 5=045)
Fed. Proj.NH-STP 064-1 (077)
City cost turn lane and signal system
construction by the State on T.H. 5 at
58th Street North and on Southeast
Frontage Road at 58th Street North
Dear Mr.Anderlik:
Transmitted herewith for the City's use and retention, is a fully executed copy of the subject
agreement between the City of Oak Park Heights and this department.
The State has computed the City's cost share for this contract using the low bid unit prices of
Park Construction Company,to whom this construction contract has been awarded.
The City's estimated cost share is $14,200.80.
An invoice in the amount of$14,200.80 will be forwarded to the City in a few days, and it is
requested that payment be made accordingly.
Sincerely,
Mary. 41 elly-Sonnek
Municipal/Utility Agreements Engineer
Enc.
An equal opportunity employer
1
• s
PRE-LETTING STATE OF MINNESOTA Mn/DOT
SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO.
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT 76528-R
S. P. 8214-119 (T.H. 5=045)
Fed. Proj . NH-STP 064-1(077)
The State of Minnesota AMOUNT ENCUMBERED
Department of Transportation, and
The City of Oak Park Heights (None)
Re : City cost turn lane and signal
system construction by the State
on T.H. 5 at 58th Street North AMOUNT RECEIVABLE
and on Southeast Frontage Road
at 58th Street North S14.200 .80
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Oak Park Heights, Minnesota, acting by
and through its City Council, hereinafter referred to as the "City" .
1
76528
WHEREAS, the State is currently performing the grading, surfacing,
and bridge construction and other associated construction upon and
along Trunk Highway No. 36 from approximately County State Aid
Highway No. 15 to approximately Oakgreen Avenue North, and upon and
along Trunk Highway No. 5 from 53rd Street North to Trunk Highway
No. 36 under State Projects No. 8204-37 (T.H. 36=118) , No. 8204-45
(T.H. 36=118) , No. 8204-82006 (T.H. 36=118) , No. 8214-119 (T.H. 5=45)
and No. 82-605-11 and in the records of the Federal Highway
Administration as Minnesota Project NH-STP 064-1 (077) ; and
WHEREAS, once construction started the City requested additional
construction in the form of an additional left turn lane and revised
signal system along Trunk Highway No. 5 at 58th Street North, and a
right turn lane and revised turning radius along Southeast Frontage
Road near 58th Street North; and
WHEREAS, the State added the turn lane, signal system, turning radius
and other associated construction under supplemental agreements to
its construction contract; and
WHEREAS, the City has expressed its willingness to participate in the
costs of the turn lane, signal system and turning radius construction
and associated construction engineering as hereinafter set forth; and
WHEREAS, it is anticipated that the construction to be performed
under the State contract will be eligible for Federal-aid funds
participation therein, and in that event, the costs of the eligible
City cost participation construction and associated construction
engineering hereunder will be reduced by the State for construction
and associated construction engineering costs incurred in the
performance of the City cost participation construction; and
WHEREAS, in connection with the Trunk Highways No. 5 and No. 36
construction, the construction of a storm water pond by the City is
covered under Mn/DOT Agreement No. 75701 between the State and the
City; and
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76528
WHEREAS, Minnesota Statutes Section 161. 20, subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - BASIS OF PAYMENT BY THE CITY
Section A. SCHEDULE "I"
A SCHEDULE "I" is attached hereto and made a part hereof by
reference . The SCHEDULE "I" includes all anticipated City cost
participation construction items and the construction engineering
cost share covered under this Agreement, and is based on construction
contract unit prices .
Section B. City Cost Participation Construction
1 . 100 Percent minus all anticipated City Federal aid funding shall
be the City' s rate of cost participation in all of the right
turn lane construction performed upon and along the east side of
Southeast Frontage Road near 58th Street North within the
corporate City limits under Supplemental Agreement No. 3 to
Contract No. S97052 for State Project No. 8214-119 (T.H. 5=045) .
The construction includes, but is not limited to, those
construction items as tabulated on Sheet No. 2 of the attached
SCHEDULE "I" .
2 . 10s P-rc-nt mi al -n i i•- -• i F-.- -1 a' . f .1 • shall
be the City' s rate of cost participation in all of the turning
radius revision performed in the northwest quadrant of the
58th Street North - Southeast Frontage Road intersection within
the corporate City limits under Supplemental Agreement No. 3 to
Contract No. 597052 for State Project No. 8214-119 (T.H. 5=045) .
The construction includes, but is not limited to, those
construction items as tabulated on Sheet No. 2 of the attached
SCHEDULE "I" .
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76528
3 . I p-r - min s - 11 -n i i• -• F-_-r- - ' • f • ' • shall
be the City' s rate of cost participation in all of the left turn
lane construction and associated traffic signal revision
performed upon and along Trunk Highway No. 5 at 58th Street
North within the corporate City limits under Supplemental
Agreement No. 5 to Contract No. S97052 for State Project
No. 8214-119 (T.H. 5=045) . The construction includes, but is
not limited to, those construction items as tabulated on Sheet
No. 3 of the attached SCHEDULE "I" .
Section C. Construction ngineering Costs
The City shall pay a construction engineering charge in an amount
equal to 8 percent of the total cost of the City participation
construction covered under this Agreement .
ARTICLE II - PAYMENT BY THE CITY
Section A. Payment of the City' s Estimated Cost Share
It is estimated that the City' s share of the costs of the contract
construction plus the 8 percent construction engineering cost share
is the sum of $14 , 200 . 80 as shown in the attached SCHEDULE "I" .
After the following conditions have been met, the City shall pay to
the Commissioner of Transportation the sum of $14, 200 . 80 :
1 . Execution and approval of this Agreement and the State ' s
transmittal of same to the City.
2 . Receipt by the City of a written request from the State for the
payment of funds .
Section B. Final Payment by the City
Upon completion and acceptance of the contract construction and upon
computation of the final amount due the State ' s contractor, the State
shall prepare a Final SCHEDULE "I" and submit a copy to the City.
The Final SCHEDULE "I" shall be based on final quantities, and
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76528
include all City cost participation construction items and the
construction engineering cost share covered under this Agreement . If
the final cost of the City participation covered under this Agreement
exceeds the amount of funds paid by the City, the City shall, upon
receipt of a request from the State, promptly pay the difference to
the State without interest . If the final cost of the City
participation covered under this Agreement is less than the amount of
funds paid by the City, the State shall promptly return the balance
to the City without interest .
Pursuant to Minnesota Statutes Section 15 .415, the State waives claim
for any amounts less than $2 . 00 over the amount of City funds
previously paid to the State, and the City waives claim for the
return of any amounts less than $2 . 00 of those funds paid by the
City.
Section C. Acceptance of City' s Cost and Completed Construction
The computation by the State of the amount due from the City shall be
final, binding and conclusive. Acceptance by the State of the
completed contract construction shall be final, binding and
conclusive upon the City as to the satisfactory completion of the
contract construction.
ARTICLE III - GENERAL PROVISIONS
Section A. Maintenance by the City
Upon satisfactory completion of the Southeast Frontage Road
construction performed within the corporate City limits under the
construction contract, the City shall provide for the proper
maintenance of the roadway and all of the facilities a part thereof,
without cost or expense to the State. Maintenance shall include, but
not be limited to, snow, ice and debris removal, resurfacing and/or
seal coating and any other maintenance activities necessary to
perpetuate the roadway in a safe and usable condition.
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76528
Section B. Examination of Books. Records, Etc.
As provided by Minnesota Statutes Section 16C. 05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
the State and the City relevant to this Agreement are subject to
examination by the State and the City, and either the legislative
auditor or the State auditor as appropriate, for a minimum of six
years from final payment .
Section C. Claims
All employees of the State and all other persons employed by the
State in the performance of contract construction and/or construction
engineering covered under this Agreement shall not be considered
employees of the City. All claims that arise under the Worker' s
Compensation Act of the State of Minnesota on behalf of the employees
while so engaged and all claims made by any third parties as a
consequence of any act or omission on the part of the employees while
so engaged on contract construction and/or construction engineering
covered under this Agreement shall in no way be the obligation or
responsibility of the City.
All employees of the City and all other persons employed by the City
in the performance of maintenance covered under this Agreement shall
not be considered employees of the State . All claims that arise
under the Worker' s Compensation Act of the State of Minnesota on
behalf of the employees while so engaged and all claims made by any
third parties as a consequence of any act or omission on the part of
the employees while so engaged on maintenance covered under this
Agreement shall in no way be the obligation or responsibility of the
State.
Section D. Agreement Approval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative .
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76528
ARTICLE IV - AUTHORIZED AGENTS
The State ' s Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal/Utility Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St . Paul, MN 55155,
(651) 296-0969 .
The City' s Authorized Agent for the purpose of the administration of
this Agreement is Joseph Anderlik, Bonestroo, Rosene, Anderlik, and
Associates, or his successor. His current address and phone number
are 2235 W. Highway 36, St . Paul, MN 55113, (651) 636-4600 .
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76528
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers .
DEPARTMENT OF TRANSPORTATION ITY •F • . A PARK IG T_
Recommended for approval : ' / /
l �� By / M. or
By a rA
Division Engineer
Date Gnu r`� /5, 1999
Approved:
By O By
State Design Engineer
6-50\1 ii-\\bvv\kr. . Celk3kS
Date (Title and Date)
OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF ADMINISTRATION
Approved as to form and execution: /
By k:
7g/ �_*
By .
Nist7n Att r ey General Date '")(.1'7 7
0000 v O G700 0000000000000G7000000000000000
State of Minnesota
County of Washington
This Agreement was acknowledged before me this l(1- day of
J WU-� , 1999, by 'Day id, p. c��.�'�O�Q.t and
(Name)
' unctS f"i . Meig,n o. , the Mayor and acUTUA45,Nxityr
(Name) (Title)
of the City of Oak Park Heights, and they executed this Agreement on
behalf of the municipality intending to be bound thereby.
Notary Public 0, 46 41 J 0 I_ A
USA SCHLEUSNER
My Commission Expires I 31—�� ! `; NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2000
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CITY OF OAK PARK HEIGHTS
RESOLUTION
99-06-26
IT IS RESOLVED that the City of Oak Park Heights enter into Mn/DOT Agreement No. 76528
with the State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's share of the costs of the turn lane
and signal system construction and other associated construction performed upon and along
Trunk Highway No. 5 at 58th Street North, and upon and along Southeast Frontage Road near
58th Street North within the corporate City limits under Supplemental Agreements No. 3 and
No. 5 to Contract No. S97052 for State Project No. 8214-119 (T.H. 5=045).
IT IS FURTHER RESOLVED that the Mayor and the City Administrator are
authorized to execute the Agreement. (Title)
CERTIFICATION
State of Minnesota
County of Washington
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Oak Park Heights at an authorized meeting held on the 8th day of
June , 1999, as shown by the minutes of the meeting in my possession.
(Signature)
Subscribed and sworn to before me this �i�Q, M S'al e usn,u^
f i-h day of � 1 , 1999 (Type or Print Name)
C a /tt-x )2t •l (Title) Cee le_
Notary Public `,ILA d', ,n��.,3
My Commission Expires 1- 3 - 2000
dtllE A.NUL
NOTARY MUD,
.•
WASHINGTON •',
Commielon 14140011
CITY OF
• OAK PARK HEIGHTS
1 z 14168 North 57th Street • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574
June 18, 1999
Mr. Bruce Libby
Design Agreements Coordinator
Minnesota Department of Transportation
Metropolitan Division
Oakdale Office
3485 Hadley Ave. N.
Oakdale, MN 55128
Re: Proposed Cooperative Construction Agreement Number 76528-R
City of Oak Park Heights
S.P. 8214-119 (T.H. 5=045)
Federal Project NH-STP 064-1 (077)
City cost turn lane and signal system construction
By the State on T.H. 5 at 58th Street North and
On Southeast Frontage Road at 58th Street North
Dear Mr. Libby:
Enclosed please find two executed original Resolution and Certification and also two
executed original Cooperative Construction Agreements.
If you have any questions,please do not hesitate to contact me.
Sincerely,
Thomas M. Melena
City Administrator
TMM/lms
Enclosures
Tree City U.S.A.
Minnesota Department of Transportation
o
'4, *5°6t Metropolitan Division
or TN Oakdale Office
3485 Hadley Avenue North
Oakdale, MN 55128
May 20, 1999 Oakdale
Telephone Number(651) 779-5058
Fax Number(651) 779-5170
Mr. Joe Anderlik
Oak Park Heights City Engineer
%Bonestroo Rosene Anderlik&Assoc., Inc.
2335 West Highway 36
Roseville, Minnesota 55113
Dear Mr. Anderlik:
Subject: Proposed Cooperative Construction Agreement Number 76528-R
City of Oak Park Heights
S.P. 8214-119 (T. H. 5=045)
Federal Project NH-STP 064-1 (077)
City cost turn lane and signal system construction
by the State on T. H. 5 at 58th Street North and
on Southeast Frontage Road at 58th Street North
Transmitted herewith in duplicate is a proposed agreement with the City of Oak Park Heights.
This agreement provides for payment by the City to the State of the City's share of the costs of
the construction to be performed upon, along and adjacent to T. H. 5 within the corporate City
limits.
Kindly present this agreement to the City Council for their approval and execution which
includes original signatures of the City Council authorized City officers on both copies of the
agreement. Also required are two original copies of a resolution passed by the City Council
authorizing its officers to sign the agreement on its behalf. A suggested form of such resolution is
enclosed.
It is requested that the executed agreements and resolutions (two originals of each)be
forwarded to this office as soon as possible. A copy will be returned to the City when fully
executed.
• -r-0 WA) AA; ,{A cc: Tom Melena
Bruce Libby
Design Agreements Coordinator
Enclosure:
An equal opportunity employer
CITY OF OAK PARK HEIGHTS
RESOLUTION
99-06-26
IT IS RESOLVED that the City of Oak Park Heights enter into Mn/DOT Agreement No. 76528
with the State of Minnesota, Department of Transportation for the following purposes:
To provide for payment by the City to the State of the City's share of the costs of the turn lane
and signal system construction and other associated construction performed upon and along
Trunk Highway No. 5 at 58th Street North, and upon and along Southeast Frontage Road near
58th Street North within the corporate City limits under Supplemental Agreements No. 3 and
No. 5 to Contract No. S97052 for State Project No. 8214-119 (T.H. 5=045).
IT IS FURTHER RESOLVED that the Mayor and the City Administrator are
authorized to execute the Agreement. (Tide)
CERTIFICATION
State of Minnesota
County of Washington
I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council
of the City of Oak Park Heights at an authorized meeting held on the 8th day of
June , 1999, as shown by the minutes of the meeting in my possession.
•
4,60,L -114 . yfei.Ptc ,L
(Signature)
Subscribed and sworn to before me this L �t� H-t. SCh le-u SA/r
i Jy-f day of , 1999 (Type or Print Name)
ACC/0&4ti (1.644.k—
Notary Public � 1 �� (Title)
1a1 � Y1�cfirttL.
My Commission Expires I - 'j -(1-.;
ME A.HULLay
NOTARY PUBLIC• SOTA
WASHINOTC
My Commission*WO
This Agreement Copy
Is For The City's Use Until
It Receives A Fully
Executed Copy
PRE-LETTING STATE OF MINNESOTA Mn/DOT
SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO.
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT 76528-R
S. P. 8214-119 (T.H. 5=045)
Fed. Proj . NH-STP 064-1 (077)
The State of Minnesota AMOUNT ENCUMBERED
Department of Transportation, and
The City of Oak Park Heights (None)
Re : City cost turn lane and signal
system construction by the State
on T.H. 5 at 58th Street North AMOUNT RECEIVABLE
and on Southeast Frontage Road
at 58th Street North 514,200 . 80
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Oak Park Heights, Minnesota, acting by
and through its City Council, hereinafter referred to as the "City" .
1
76528
WHEREAS, the State is currently performing the grading, surfacing,
and bridge construction and other associated construction upon and
along Trunk Highway No. 36 from approximately County State Aid
Highway No. 15 to approximately Oakgreen Avenue North, and upon and
along Trunk Highway No. 5 from 53rd Street North to Trunk Highway
No. 36 under State Projects No . 8204-37 (T.H. 36=118) , No. 8204-45
(T.H. 36=118) , No. 8204-82006 (T.H. 36=118) , No. 8214-119 (T.H. 5=45)
and No. 82-605-11 and in the records of the Federal Highway
Administration as Minnesota Project NH-STP 064-1 (077) ; and
WHEREAS, once construction started the City requested additional
construction in the form of an additional left turn lane and revised
signal system along Trunk Highway No. 5 at 58th Street North, and a
right turn lane and revised turning radius along Southeast Frontage
Road near 58th Street North; and
WHEREAS, the State added the turn lane, signal system, turning radius
and other associated construction under supplemental agreements to
its construction contract; and
WHEREAS, the City has expressed its willingness to participate in the
costs of the turn lane, signal system and turning radius construction
and associated construction engineering as hereinafter set forth; and
WHEREAS, it is anticipated that the construction to be performed
under the State contract will be eligible for Federal-aid funds
participation therein, and in that event , the costs of the eligible
City cost participation construction and associated construction
engineering hereunder will be reduced by the State for construction
and associated construction engineering costs incurred in the
performance of the City cost participation construction; and
WHEREAS, in connection with the Trunk Highways No. 5 and No . 36
construction, the construction of a storm water pond by the City is
covered under Mn/DOT Agreement No. 75701 between the State and the
City; and
2
76528
WHEREAS, Minnesota Statutes Section 161 . 20 , subdivision 2 authorizes
the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS :
ARTICLE I - BASIS OF PAYMENT BY THE CITY
Section A. SCHEDULE "I"
A SCHEDULE "I" is attached hereto and made a part hereof by
reference . The SCHEDULE "I" includes all anticipated City cost
participation construction items and the construction engineering
cost share covered under this Agreement , and is based on construction
contract unit prices .
Section B. City Cost Participation Construction
1 . 100 Percent minus all anticipated City Federal aid funding shall
be the City' s rate of cost participation in all of the right
turn lane construction performed upon and along the east side of
Southeast Frontage Road near 58th Street North within the
corporate City limits under Supplemental Agreement No. 3 to
Contract No. S97052 for State Project No. 8214-119 (T.H. 5=045) .
The construction includes, but is not limited to, those
construction items as tabulated on Sheet No. 2 of the attached
SCHEDULE "I" .
2 . 100 Percent minus all anticipated City Federal aid funding shall
be the City' s rate of cost participation in all of the turning
radius revision performed in the northwest quadrant of the
58th Street North - Southeast Frontage Road intersection within
the corporate City limits under Supplemental Agreement No. 3 to
Contract No. S97052 for State Project No. 8214-119 (T.H. 5=045) .
The construction includes, but is not limited to, those
construction items as tabulated on Sheet No. 2 of the attached
SCHEDULE " I" .
3
76528
3 . 50 Percent minus all anticipated City Federal aid funding shall
be the City' s rate of cost participation in all of the left turn
lane construction and associated traffic signal revision
performed upon and along Trunk Highway No. 5 at 58th Street
North within the corporate City limits under Supplemental
Agreement No. 5 to Contract No. S97052 for State Project
No. 8214-119 (T.H. 5=045) . The construction includes, but is
not limited to, those construction items as tabulated on Sheet
No . 3 of the attached SCHEDULE "I" .
Section C. Construction Enginee ing Costs
The City shall pay a construction engineering charge in an amount
equal to 8 percent of the total cost of the City participation
construction covered under this Agreement .
ARTICLE II - PAYMENT BY THE CITY
Section A. Payment of the City' s Estimated Cost Share
It is estimated that the City' s share of the costs of the contract
construction plus the 8 percent construction engineering cost share
is the sum of $14, 200 . 80 as shown in the attached SCHEDULE "I" .
After the following conditions have been met, the City shall pay to
the Commissioner of Transportation the sum of $14 , 200 . 80 :
1 . Execution and approval of this Agreement and the State ' s
transmittal of same to the City.
2 . Receipt by the City of a written request from the State for the
payment of funds .
Section B. Final Payment by the City
Upon completion and acceptance of the contract construction and upon
computation of the final amount due the State ' s contractor, the State
shall prepare a Final SCHEDULE "I" and submit a copy to the City.
The Final SCHEDULE " I" shall be based on final quantities, and
4
76528
include all City cost participation construction items and the
construction engineering cost share covered under this Agreement . If
the final cost of the City participation covered under this Agreement
exceeds the amount of funds paid by the City, the City shall, upon
receipt of a request from the State, promptly pay the difference to
the State without interest . If the final cost of the City
participation covered under this Agreement is less than the amount of
funds paid by the City, the State shall promptly return the balance
to the City without interest .
Pursuant to Minnesota Statutes Section 15 .415, the State waives claim
for any amounts less than $2 . 00 over the amount of City funds
previously paid to the State, and the City waives claim for the
return of any amounts less than $2 . 00 of those funds paid by the
City.
Section C. Acceptance of City' s Cost and Completed Construction
The computation by the State of the amount due from the City shall be
final, binding and conclusive . Acceptance by the State of the
completed contract construction shall be final, binding and
conclusive upon the City as to the satisfactory completion of the
contract construction.
ARTICLE III - GENERAL PROVISIONS
Section A. Maintenance by the City
Upon satisfactory completion of the Southeast Frontage Road
construction performed within the corporate City limits under the
construction contract, the City shall provide for the proper
maintenance of the roadway and all of the facilities a part thereof,
without cost or expense to the State . Maintenance shall include, but
not be limited to, snow, ice and debris removal, resurfacing and/or
seal coating and any other maintenance activities necessary to
perpetuate the roadway in a safe and usable condition.
5
76528
Section B. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16C. 05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
the State and the City relevant to this Agreement are subject to
examination by the State and the City, and either the legislative
auditor or the State auditor as appropriate, for a minimum of six
years from final payment .
Section C. Claims
All employees of the State and all other persons employed by the
State in the performance of contract construction and/or construction
engineering covered under this Agreement shall not be considered
employees of the City. All claims that arise under the Worker' s
Compensation Act of the State of Minnesota on behalf of the employees
while so engaged and all claims made by any third parties as a
consequence of any act or omission on the part of the employees while
so engaged on contract construction and/or construction engineering
covered under this Agreement shall in no way be the obligation or
responsibility of the City.
All employees of the City and all other persons employed by the City
in the performance of maintenance covered under this Agreement shall
not be considered employees of the State . All claims that arise
under the Worker' s Compensation Act of the State of Minnesota on
behalf of the employees while so engaged and all claims made by any
third parties as a consequence of any act or omission on the part of
the employees while so engaged on maintenance covered under this
Agreement shall in no way be the obligation or responsibility of the
State .
Section D. Agreement Approval
Before this Agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
and City officers as the law may provide in addition to the
Commissioner of Transportation or his authorized representative .
6
76528
ARTICLE IV - AUTHORIZED AGENTS
The State ' s Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal/Utility Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682 , St . Paul , MN 55155,
(651) 296-0969 .
The City' s Authorized Agent for the purpose of the administration of
this Agreement is Joseph Anderlik, Bonestroo, Rosene, Anderlik, and
Associates, or his successor. His current address and phone number
are 2235 W. Highway 36 , St . Paul, MN 55113 , (651) 636-4600 .
7
76528
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers .
DEPARTMENT OF TRANSPORTATION CITY OF OAK PARK HEIGHTS
Recommended for approval :
By
Mayor
By
Division Engineer
Date
Approved:
By By
State Design Engineer
Date (Title and Date)
OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF ADMINISTRATION
Approved as to form and execution:
By
By
Assistant Attorney General Date
04000 0000 0000000000000000000000000<>0000
State of Minnesota
County of Washington
This Agreement was acknowledged before me this day of
, 1999, by and
(Name)
, the Mayor and
(Name) (Title)
of the City of Oak Park Heights, and they executed this Agreement on
behalf of the municipality intending to be bound thereby.
Notary Public . tip.
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r0 " Minnesota Deenent of Transportation •
Office of Technical Support
°F Municipal Agreements Unit, MS 682 Fax: 612/296-1805
395 John Ireland Boulevard
St. Paul, MN 55155-1899
(612)296-0969
May 14, 1997 Room 618
• i- 4)t cf,o)-e 0-
Joseph Anderlik 1,ile, i 17y
Bonestroo Rosene Anderlik and Associates .5 011711 ).`75i
2335 West Highway 36 ` .
1 Minnesota 5511 u- l� Z c
St. P
au , Mmnes 3
RE: Coop. Const. Agree. No. 75701 _ A4
City of Oak Park Heights
S.P. 8204-37 (T.H. 36=118)
Fed. Proj. STP 8295 (244)
Drainage facilities construction by the State on
T.H. 36 from 180 m east of Manning Ave. to
Northwestern Avenue
Dear Mr. Anderlik:
Transmitted herewith for the City's use and retention, is a fully executed copy of the subject
agreement between the City of Oak Park Heights and this department.
If you have questions or need further information, feel free to call me.
Sincerely,
r Pa tricia J. Sc r
Municipal/Utility Agreements Engineer
Enc.
An equal opportunity employer
N 411
DESIGN STATE OF MINNESOTA Mn/DOT
SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO.
SECTION COOPERATIVE CONSTRUCTION
AGREEMENT 75701
S. P. 8204-37 (T.H. 36=118)
Fed. Proj . STP 8295 (244)
The State of Minnesota AMOUNT ENCUMBERED
Department of Transportation, and
The City of Oak Park Heights (None)
Re : Drainage facilities construction
by the State on T.H. 36 from
180 m east of Manning Ave . to ESTIMATED AMOUNT
Northwestern Ave. RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Oak Park Heights, Minnesota, acting by
and through its City Council, hereinafter referred to as the "City" .
1
110
75701
WITNESSETH:
WHEREAS the State is about to perform grading, surfacing, drainage,
signal system and bridge construction and other associated
construction upon, along and adjacent to Trunk Highway No. 36 from
Engineer Station 34+073 . 582 (180 meters east of Manning Avenue) to
Engineer Station 36+240 . 00 (Northwestern Avenue) within the corporate
limits of the Cities of Oak Park Heights and Stillwater in accordance
with State plans, specifications and/or special provisions designated
as State Projects No. 8204-37 (T.H. 36=118) , No. 8214-119
(T.H. 5=045) and No. 82-605-11 and in the records of the Federal
Highway Administration as Minnesota Projects NH-STP 064-1 (077) ,
NH 064-1 (077) and STP 8295 (244) ; and
WHEREAS the State contract includes the construction of drainage
facilities which collect and convey storm water drainage from both
trunk highway right-of-way and adjacent City property; and
WHEREAS the City has expressed its willingness to participate in the
storm water facilities b y p rovidi ng an adequate st orm water pond to
accommodate runoff from the trunk highway right-of-way and City
property; and
WHEREAS Minnesota Statutes Section 161 . 20 , subdivision 2 (1996)
authorizes the Commissioner of Transportation to make arrangements
with and cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the trunk highway system.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - CONSTRUCTION BY THE STATE
Section A. Contract Award
The State shall advertise for bids and award a construction contract
to the lowest responsible bidder for State Projects No. 8204-37
(T.H. 36=118) , No. 8214-119 (T.H. 5=045) and No. 82-605-11 in
2
411 •
75701
accordance with State plans, specifications and/or special provisions
which are on file in the office of the Commissioner of Transportation
at St . Paul, Minnesota, and are made a part hereof by reference with
the same force and effect as though fully set forth herein.
Section B. Direction and Supervision of Construction
The State shall direct and supervise all construction activities
performed under the construction contract, and perform all
construction engineering and inspection functions in connection with
the contract construction. All contract construction shall be
performed in compliance with the approved plans, specifications
and/or special provisions .
ARTICLE II - PROVISION OF STORM WATER POND BY THE CITY
In lieu of cost participation in the storm sewer facilities
construction to be performed within the corporate City limits under
the construction contract, the City will provide, at no cost to the
State, a storm water pond which is adequate to accommodate storm
water runoff from the trunk highway right-of-way and City property
east of the Trunk Highway No. 36/Trunk Highway No. 5 interchange.
The City shall accept responsibility for design, management and
maintenance of the storm water pond in accordance with local
governing requirements, at no cost or expense to Mn/DOT.
ARTICLE III - GENERAL PROVISIONS
Section A. Maintenance by the City
Upon satisfactory completion of the construction of the Trunk Highway
No. 36 frontage roads to be performed within the corporate City
limits under the construction contract, the City shall provide for
the proper maintenance of the roadways and all of the facilities a
part thereof, without cost or expense to the State . Maintenance
shall include, but not be limited to, snow, ice and debris removal,
resurfacing and/or seal coating and any other maintenance activities
necessary to perpetuate the roadways in a safe and usable condition.
3
i
75701
Upon satisfactory completion of the storm sewer facilities
construction to be performed within the corporate City limits under
the construction contract, the City shall provide for the proper
maintenance of those facilities, without cost or expense to the
State.
The City shall provide for the proper maintenance of the storm water
pond, which is to be provided by the City in accordance with
Article II of this Agreement, without cost or expense to the State.
Maintenance shall include, but not be limited to, debris removal and
mowing and other maintenance activities necessary to perpetuate the
storm water pond in a safe and usable condition.
Upon satisfactory completion of the walkway and trail construction to
be performed within the corporate City limits under the construction
contract, the City shall provide for the proper maintenance of the
walkways and trails, without cost or expense to the State .
Maintenance shall include, but not be limited to, snow, ice and
debris removal and any other maintenance activities necessary to
perpetuate the walkways and trails in a safe and usable condition.
Section B. Additional Drainage
Neither party to this agreement shall drain any additional drainage
into the storm sewer facilities to be constructed under the
construction contract, that was not included in the drainage for
which the storm sewer facilities were designed, without first
obtaining permission to do so from the other party. The drainage
areas served by the storm sewer facilities constructed under the
construction contract are shown in a drainage area map, EXHIBIT
"Drainage Area" , which is on file in the office of the State ' s
Division Hydraulics Unit at Oakdale and is made a part hereof by
reference with the same force and effect as though fully set forth
herein.
4
411 410
75701
If, in the future, there are increases in drainage into the storm
water pond to be provided by the City in accordance with Article II
of this Agreement, the City must insure that adequate capacity exists
to handle the trunk highway drainage for which the pond was designed
and constructed, as described in Article II of this Agreement .
Section C. Future Responsibilities
Upon satisfactory completion of the construction of the Trunk Highway
No. 36 frontage roads to be performed within the corporate City
limits under the construction contract, the City shall thereafter
accept full and total responsibility and all obligations and
liabilities arising out of or by reason of the use, operation,
maintenance, repair and/or reconstruction of the Trunk Highway No. 36
frontage roads and all of the facilities a part thereof constructed
hereunder, ,without cost or expense to the State .
The City shall be responsible for all obligations and/or liabilities
arising out of or by reason of the City' s maintenance of the storm
water pond as provided in Section A. , paragraph 3 of this article .
Except as provided in the preceding paragraph of this section, the
State and the City shall, in accordance with applicable laws, be
responsible for their respective acts, obligations and/or liabilities
arising out of or by reason of the collecting of drainage into and/or
the outletting of drainage from the storm water pond.
Section D. Release and Conveyance of Roadways
The State shall, upon satisfactory completion of the construction of
the Trunk Highway No. 36 frontage roads and all of the facilities a
part thereof constructed within the corporate City limits under the
construction contract, serve upon the City a "Notice of Release"
placing those roadway portions under the jurisdiction of the City;
and subsequent thereto, after all necessary and required documents
have been prepared and processed, the State shall convey to the City
all right, title and interest of the State in those roadway portions .
5
• .
75701
Upon receipt of that "Notice of Release" , the City shall become the
road authority responsible for the roadway portions so released.
Section E. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16B. 06, subdivision 4
(1996) , the books, records, documents, and accounting procedures and
practices of the State and the City relevant to this agreement are
subject to examination by the State and the City, and either the
legislative auditor or the State auditor as appropriate.
,Section F. Claims
All employees of the State and all other persons employed by the
State in the performance of contract construction and/or construction
engineering covered under this agreement shall not be considered
employees of the City. All claims that arise under the Workers '
Compensation Act of the State of Minnesota on behalf of the employees
while so engaged and all claims made by any third parties as a
consequence of any act or omission on the part of the employees while
so engaged on contract construction and/or construction engineering
covered under this agreement shall in no way be the obligation or
responsibility of the City.
All employees of the City and all other persons employed by the City
in the performance of maintenance covered under this agreement shall
not be considered employees of the State . All claims that arise
under the Workers ' Compensation Act of the State of Minnesota on
behalf of the employees while so engaged and all claims made by any
third parties as a consequence of any act or omission on the part of
the employees while so engaged on maintenance covered under this
agreement shall in no way be the obligation or responsibility of the
State .
Section G. Agreement Approval
Before this agreement shall become binding and effective, it shall be
approved by a City Council resolution and receive approval of State
6
and City officers 75701
IN T ers as the law may
Commissioner of Transportation orphislauthoriaedt1on to the
thei
representative,
R LE—Iy=_AU'r'uORIZED AGENT
The State ' s Authorized A
DEPT gent for the purpose of the administration of
this agreement is Patricia Schrader, Municipal/Utilit
Rec M
Engineer, or her successor. Her Y Agreements
395 John Ireland Boulevard, current address and phone number are
ailstop 682, St . Paul, Minnesota 55155,
(612) 296-0969.
By
The City' s Authorized Agent for the
purpose
APB this agreement is Joseph Anderlik ofpg of the administration of
Associates onestroo Rosene Anderlik and
or his successor. His current address and
are 2335 West Highway 36 phone number
By , St Paul, Minnesota 55113, (612) 636-4600 .
Da
A
7
• •
RESOLUTION NO . 7
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION CONDITIONALLY APPROVING
MnDOT AGREEMENT NO. 75701
WHEREAS, the City of Oak Park Heights has received a proposal
from the Minnesota Department of Transportation suggesting that the
City enter into a cooperative construction agreement noted as MnDOT
Agreement No. 75701; and,
WHEREAS, the City Council for the City of Oak Park Heights is
willing to enter into said agreement specifically conditioned on
the Department of Transportation for the State of Minnesota
commencing and completing the project within calendar year 1997 as
is reflected within Agreement No. 75701 .
NOW, THEREFORE, be it resolved by the City Council for the
City of Oak Park Heights that the Mayor and the Clerk are herewith
authorized to execute on behalf of the City of Oak Park Heights the
agreement with the Minnesota Department of Transportation as
reflected within MnDot Agreement No. 75701 for the following
purposes, to-wit :
1 . That the City shall provide a storm water run-off pond in
lieu of its share of the costs of storm sewer facilities
construction and other associated construction to be performed
upon, along and adjacent to Trunk Highway 36 from 180 meters east
of Manning Avenue within the corporate city limits under State
Project No. 8204-37 (TH36 = 118) , contingent upon the Department of
Transportation commencing and completing the work specified within
MnDOT Agreement No. 75701 within calendar year 1997 .
CERTIFICATION
State of Minnesota, County of Washington, City of Oak Park Heights :
I certify that the foregoing resolution is a true and correct
copy of the resolution presented to and adopted by this Council of
the City of Oak Park Heights at a duly authorized meeting thereof
held on the 25th day of February, 1997 as shown by the minutes of
the meeting in my possession.
's///
/Michael `:.ertson
City Administrator
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110
JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT
FOR MAJOR CASE INVESTIGATIONS
PERSONNEL AND EQUIPMENT
I.
GENERAL PURPOSE
The purpose of this agreement is to provide a means by which
a party to this agreement may obtain major case investigative
assistance from other parties when unexpected circumstances arise
and in such other circumstances that the parties requesting such
assistance and providing such assistance deem it to be appropriate.
This agreement is made pursuant to Minnesota Statutes 471. 59 .
II.
DEFINITION OF TERMS
For the purposes of this agreement, the terms defined in this
section shall have the meanings given them.
Subd. 1 "Party" means a governmental unit which is a party to
this agreement.
Subd. 2 "Eligible party" means a governmental unit which is
entitled to become a party to this agreement, at its own option.
The eligible parties are the County of Washington and every city,
and town within the County of Washington, State of Minnesota.
Subd. 3 "Requesting party" means a party which requests law
enforcement assistance from other parties.
Subd. 4 "Responding party" means a party which provides law
1
. .
enforcement assistance to a requesting party.
Subd. 5 "Law enforcement assistance" includes police or
sheriff personnel and equipment.
Subd. 6 "Requesting official" means the person who has been
designated by the requesting party to request law enforcement
assistance from other parties. Subd. 7 "Responding official"
is the person who has been designated by a party to determine
whether and to what extent that party should provide law
enforcement assistance to a requesting party.
III.
PARTIES
The parties to this agreement shall consist of as many
eligible parties as shall elect, through resolutions adopted by
their respective governing bodies, or authorized representative, to
become parties. Upon the adoption of such resolution by an
eligible party an executed copy of this agreement shall be sent by
it to the Sheriff of Washington County. When two or more eligible
parties have elected to become parties and have provided such
resolutions to the Sheriff of Washington County, this agreement
shall become operative, and shall continue in force until, by
reason of withdrawals as hereinafter provided, the number of
parties to this agreement is reduced to less than two. The Sheriff ,
of Washington County shall maintain a current list of the parties
to this agreement, and whenever there is a change in the parties of
this agreement, the sheriff shall notify the designated responding
2
official of each of the parties of such change.
IV.
PROCEDURE
Subd. 1 Each party shall designate, and keep on file with the
County Sheriff of Washington County, the name or title of the
person(s) of that party who shall be its requesting official and
responding official. A party may designate the same person as both
the requesting official and the responding official. A party may
designate additional and/or alternate officials to act in the
absence of the official.
Subd. 2 Whenever, in the opinion of a requesting official of
a party, there is a need for major case investigative assistance
from other parties to assist the officers of the requesting party,
such requesting official may call upon the responding official of
any other party to furnish such assistance to the requesting
party.
Subd. 3 Upon the receipt of a request for major case
investigative assistance from a party, the responding official for
any ether party may authorize and direct law enforcement officers
of the responding party to provide assistance to the requesting
party, and if so, to what extent such assistance shall be provided
shall be determined solely by the responding official (subject to
such supervision and direction as may be applicable to the officer
within the governmental structure of the party by which the officer
is employed) . Failure to provide assistance will not result in
3
• •
liability nor provide a cause of action as to a party or as to any
third party.
Subd. 4 Whenever a responding party has provided law
enforcement assistance to a requesting party, the responding
official may at any time end such assistance or any part thereof
to the responding party, if the responding official in the
official 's best judgment deems this necessary.
Subd. 5 When a responding party supplies law enforcement
officers to a requesting party, such officers shall remain under
the direction and control of the responding party; shall be paid by
the responding party; shall be protected by the Worker's
Compensation of the responding party; and shall otherwise be deemed
to be performing their regular duties for the responding party.
Subd. 6 A responding party shall be responsible for its own
personnel, equipment and supplies and for injuries or death to any
such personnel or damage to any such equipment or supplies, except
that unused equipment and supplies shall be returned to the
responding party by the requesting party as soon as circumstances
so permit.
Subd. 7 The requesting party shall not be responsible for any
injuries, losses or damages to persons or property arising out of
the acts of any of the personnel of a responding party nor shall
the responding party be responsible for any injuries, losses or
damages arising out of the acts of any of the personnel of the
requesting party or the personnel of any other responding party.
4
410
Subd. 8 The chief peace officer of the requesting party, or
the designee, shall be responsible for the supervision of the
investigation and the members assigned to the major case
investigation team.
Subd. 9 All members assigned to the major investigation team
shall prepare reports at the direction of the chief peace officer
of the requesting party, or the designee, in the format and on the
forms so designated. All reports shall become the property of the
requesting party, who shall handle the data consistent with the
Minnesota Data Practices Act and related policies of the requesting
party.
Subd. 10 The requesting party shall be the custodian of all
evidence and/or property collected and/or maintained in the course
of the requesting party's investigation. The requesting party
shall be responsible for the processing of all evidence for
appropriate analysis or examination.
Subd. 11 Only the chief peace officer of the requesting
party, or the designee, shall respond to media requests for
information concerning the major case investigation until the case
is submitted to the prosecuting authority. Once submitted, the
prosecuting authority will be in charge of media relations.
V.
WITHDRAWAL AND TERMINATION
This agreement shall continue in effect until the number of
parties is less than two. Any party may withdraw at any time upon
5
thirty (30) days written notice to the Sheriff of Washington
County. Such a party may again become a party if later entering
into this agreement. The Sheriff of Washington County shall
thereupon give notice of such withdrawal, and of the effective date
thereof, to all other parties, as hereinbefore provided.
IN WITNESS WHEREOF, the undersigned has caused this agreement
to be executed and delivered on its behalf.
Dated this 11th day of Fehriiary . 1992
In the presence of:
9c1 VrAd-ezge
r�
By
Its
Mayor
By \L" !
Its
Police Chief
Attest:
Clerk
6
I
JOINT POWERS AGREEMENT AS TO STREET IMPROVEMENT
THIS AGREEMENT by and between the City of Oak Park
Heights, a municipal corporation of the State of Minnesota,
hereinafter called "City" , and the County of Washington, a
politic and corporate of the State of Minnesota, hereinafter
referred to as "County";
WITNESSETH:
WHEREAS, 65th Street North a/k/a Orleans Street is the
boundary line between the City of Oak Park Heights and the City
of Stillwater, and is maintained by County as County State Aid
Highway (C.S .A.H. ) 23 and 24; and
WHEREAS, the parties propose to improve and rebuild a
portion of 65th Street North a/k/a Orleans Street, a county
highway, between Osgood Avenue North and Paris Avenue North; and
WHEREAS, said 65th Street North a/k/a Orleans Street is
in need of rebuilding and repair from Osgood Avenue North to
Paris Avenue North; and
WHEREAS, it is feasible and practical to improve the
storm drainage system in this area at the same time as the
rebuilding of said street from Paris Avenue North to Peacan
Avenue North.
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows:
•
1
1 411
•
1. The County shall provide for all supervision of
the reconstruction of aforesaid streets and the call for
bids in accordance with the applicable statutes .
2. That the City shall reimburse the County for the
actual construction costs of that portion of the storm sewer.
costs attributable to the drainage of the property located
within the City, as such area has been previously
determined, not reimbursed by the Minnesota Department of
Transportation State Aid (estimated at 50%) , 100% of
oversizing for outlet beyond C. S.A.H. 23, and 100% of curb •
and gutter within the City. The City shall reimburse the
County for 100% of additional right-of-way required within.
the City.
3 . The cost estimate of the entire project is
• $346, 000 .00 . The City' s share is estimated at $61,675 .15 .
See Attachment "A" . Actual costs will be determined by
contract costs.
4. The County shall acquire the necessary additional
right-of-way required to upgrade the aforesaid street by the
use of its personnel.
5. Upon completion of the work in accordance with the
• plans and specifications on file with the City, and upon
receipt of a statement of cost, the City shall pay to the
County its share of the cost. Said payment to be made no
later than May of 1990.
2
. • . •
.
.
6 . The City shall have the right of assess the costs
as it shall determine, and the County Engineer shall furnish
such information, plans and specifications as may be
required form time to time.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals.
CITY OF OAK PARK HEIGHTS CO OF WASHINGTON
B L. / A•. By " A
BY ��r Ch rma i B'. =rd of
Frank Sommerfeldt, ayor County�C.rmi sion-
SAttest: / / . .� (,/.i/
y ounty A• nistrator
a onne Wilson i
City Clerk/Administrator I
Date: 7'Yt .2_ y , 1989 Date: 1 i { t [ E1 , 1989
U
• Approve as t form:/ ---
gt_t
Washin _County Att ey
/7
Oa Park Heights City .At r ey
Recommended for approval:
Ikan'l 5 0 3"------ - :
Washington County Director o£_
Public Works
� ,r, (i. (2,1,41
Oak/pa Heights City Engineer
3
•
. . ,/ • •
/f ATTACHPIENT "A" Sheet ]' of 2
Revised March 29, 1989
STORM SEWER
ORLEANS ST. FROM 4TH ST. TO 4TH AVE. S.
SAP 82-624-04 & SAP 82-623-02
ESTIMATED ESTIMATED
ITEM UNIT UNIT PRICE QUANTITY AMOUNT
Storm Sewer Items
Catch Basin Lin.Ft. 235.00 58.8 $13,816.00
Catch Basin - Lowpoint Each 2,000.00 1 $2,000.00
Manhole Lin.Ft. 235.00 9.0 $2,115.00
Casting Assembly Each 250.00 16 $4,000.00
12" RC Sewer Pipe Lin.Ft. 20.00 732 $14,640.00
15" RC Sewer Pipe Lin.Pt. 24.00 547 $13,128.00
18" RC Sewer Pipe Lin.Ft. 28.00 662 $18,536.00
24" RC Sewer Pipe Lin.Pt. 36.00 40 $1,440.00
Structure Exc. , Class R Cu. Yd. 4.00 1,200 $4,800.00
TOTAL $74,477..00
Storm Sewer Outlet Pipe
Manhole Lin.Ft. 235.00 12 $2,820.00
Casting Assembly Each 250.00 2 $500.00
24" RC Sewer Pipe Lin.Ft. 36.00 685 $24,660.00
Restoration Lump Sum 4,000.00 1 $4,000.00
Structure Exc. , Class R Cu. Yd. 4.00 750 $3,000.00
TOTAL $34,980.00
•
ATTAC1-2.1ENT "A" Sheet 2 of 2
V
COST TO OAK PARK HEOECTITS
ORLEANS ST. FROM 4TH ST. TO 4TH AVE. S.
SAP 82-624-04 be SAP 82-623-02
* Storm Sewer - Cost based on 50% of Total Cost
(90% Oak Park Heights, 10% Stillwater)
Total Cost $74,477.00 x .90 = $67,029.30
Outlet Cost - Oversizing = $34,980-$5,480 = $29,500 x .9 = $26,550
1. Storm Sewer $33,514.65
Oversize Outlet $5,480.00
Storm Sewer Outlet $13,275.00
* Storm Sewer Subtotal $52,269.65 •
2. Curb and Gutter
(1701 L.F. @ $5.50) $9,355.50
3. Right of Way
(Slope Easement - 90 S.F.) $50.00
TOTAL COST $61,675.15
•
•
i !
AGREEMENT BETWEEN WAShIN G TON COUNTY AND CITY OF OAK PA RK HEIGHTS
FOR THE CONSTRUCTION OF CSAH 23 AND CSAH 24 BETWEEN
OSGOOD AVE . N . AND PARIS AVE . N.
THIS AGREEMENT by and between the City of Oak Park Heights ,
Minnesota, a municipal corporation, hereinafter referred to as
"City" and the County of Washington, a political subdivision of
the State of Minnesota, hereinafter referred to as "County";
WITNESSETH:
WHEREAS, the Coun ty and City desi re to jointly construct and
rebuild:
1 . A section of 65th St . N. [County State Aid Highway (CSAH)
23 and CSAH 24 ] from Osgood Ave . N. to Paris Ave . N. .
2 . A storm sewer extension on 65th St . N. from Paris Ave. N. to
Peacan Ave . N.
3 . That the City shall reimburse the County for that portion of
storm sewer costs attributable to property in Oak Park
Heights not participated in by MN/Dot State Aid, oversizing
for outlet beyond CSAH 23 , curb and gutter costs , and right
of way costs .
4 . The County shall be responsible for the remaining costs of
the project.
5 . The estimated cost of the project is $247 ,000 . The City' s
estimated cost to be reimbursed to the County are $60 ,000 .
6 . The County shall purchase Right of Way using its personnel .
7 . The City shall reimburse the County for 100 percent of the
payments to the property owners for Right of Way.
8 . The City shall , upon Imicompletion of the work in accordance
with the plans and specifications and upon receipt of a
detailed statement of cost, reimburse the County for all
City costs as described in paragraph 3 . This payment will be
due no earlier than May of 1990.
III 411
IN WITNESS WHEREOF , the parties hereto have hereunto set
their hands and seals this „Al A--4— day of , 1989 .
CITY OF OAK PARK( HEIGHTS
E Y -tditC"G"� i/sr //jo'
Frank c.:ommerf- ld
Its ,..d--L)
Its •
Gate :
THE COUNTY OF WASHINGTON , MN
B :
Chairman , Board of County
Commissioners
Attest :
County Administrator
Approved as to form and execution : Date :
Washington County Attorney
0a.l. Park Heights
City Attorney
Re commended for Approval
Washington County Director of Public Works
City Engineer
•
RESOLUTION *89-5-24
WHEREAS, the County of Washington has submitted to the
Commissioner of Transportation the plans and specifications
for the improvement of County State Aid Highway No . 23 & 24
from 4th Street (Osgood Avenue) to Hillcrest Drive in the
City of Oak Park Heights .
WHEREAS, state-aid funds will be expended on the improvement
of this street , and
WHEREAS, the approved state-aid standards as applicable to
this project limit and restrict all parking to that which is
parallel with the curb.
NOW, THEN, BE IT RESOLVED that said City of Oak Park Heights
shall require that parking of all vehicles within the
corporate limits on this County State Aid Highway be
parallel with the curb in accordance with the State-Aid
Standards .
Dated 2X a. 3 19 P9
Mayor
•
Attest 1 7 � �
ay Clerk
State of Minnesota )
County of Washington ) ss
City of Oak Park Heights )
I do hereby certify that the foregoing' Resolution is a
true and correct copy of a resolution presented to and
adopted by the Council of the City of Oak Park Heights,
Minnesota at a duly authorized meeting thereof held on the
day of �'Y. , 19J7 , ,
as shown by the minutes of said meeting in my possession.
(SEAL) •
o_
City Clerk
RESOLUTION #89-5-25
WHEREAS, plans for Project No. S .A.P . 82-624-04 and
S .A. P . 82-623-02 showing proposed alignment, profiles, grades and
cross-sections for reconstruction or the construction, rec ns ruction or improvement
of County State Aid Highway No. 23 & 24 within the limits of the
City as a State Aid Project have been prepared and presented to
the City.
NOW, THEREFORE, BE IT RESOLVED: That said plans be in
all things approved.
Dated this Z - , day of , 19 IF% •
CERTIFICATION
State of Minnesota
County of Washington
City of Oak Park Heights
I hereby certify that the foregoing Resolution is a true and
correct copy of a resolution presented to and adopted by the City
Council of Oak Park Heights at a meeting thereof held in the City
of Oak Park Heights, Minnesota, on the �� " day of
y21. , 19 87 , as disclosed by the records of said City
p
in my ssession.
3,
(Seal) .
' GTON • Donald C.Wisniewski,RE.
` y�� "'cG Director Public WorkslCounty Engineer
_ WASHINGTON COUNTY
ti�
. ; Mark L Mattson,
_� PUBLIC WORKS DEPARTMENT Assistant Director Public Works
9�' ►° S 11660 MYERON ROAD NORTH • STILLWATER, MINNESOTA 55082-9573'��� 1'1.:ESS�` Richard Q Herold,
612-439-6058 Facsimile Machine 612-430-0472 Design/Construction Engineer
John P. Perkovich,
Parks Director
Lawrence W.Bousquet,
Traffic and Maintenance Engineer
Lyle C.Doerr,
Facility Manager
July 18, 1989
RECEIVED JUL 2 0 289
Ms. LaVonne Wilson
Administrator/Treasurer
City of Oak Park Heights
14168 57th St. No.
Stillwater, MN 55082
Re: Joint Powers Agreement - Construction of C.S.A.H. 23 and 24
Dear Ms. Wilson:
Enclosed is the original Agreement mentioned above. This item does require
the signature of the City Engineer. Would you please have this signed and
return the document to me. After processing I will return a copy for your
file. Thank you.
Sincerely,
,,t2 ,...111;q4c)114,4616/-
David McKenzy
Office Manager
Enc.
DM:slj
Washington County does not discriminate on the basis of race,color,national origin,
sex,religion,age or handicapped status in employment or the provision of services.
Enclosure 4H
411 !II
•
OAK PARK HEIGHTS CITY COUNCIL
REQUEST FOR COUNCIL ACTION
COUNCIL MEETING DATE: February 10, 1998 DATE SUBMITTED: February 6, 1998
FROM: Interim Administrator Judy Holst
DOCUMENT DESCRIPTION: Building Inspection Contract for John
Ludwig for plan checks and inspections when the building
inspector is absent.
BACKGROUND: Mr. Ludwig had a contract and conducted plan checks
on commercial permits in 1997 at the rate of 90% of the plan
fee check charged. Inspections are in addition to the contract
for 1998 .
COUNCIL ACTION REQUESTED: Approval of the Building Inspection
411 Contract for 1998 .
FINANCIAL IMPLICATIONS: This has been budgeted for 1998 .
ADMINISTRATIVE COMMENTS: Recommend approval of contract
REVIEWED BY:
444NISTRATOR DATE FIN E D TOR DATE
CITY ATTORNEY DATE CITY ENGINEER DATE
•
III III
III AGREEMENT TO PROVIDE PLAN INSPECTION
SERVICES TO THE OAK PARK HEIGHTS
BUILDING INSPECTION DEPARTMENT
JON LUDWIG, dba Building Inspection Services, Inc . ,
currently of 722 North 3rd Street, Stillwater, Minnesota,
hereinafter referred to as "Contractor" and the City of Oak Park
Heights, a municipal corporation, hereinafter referred to as "Oak
Park" , hereby enter into this agreement to provide for plan
inspection and building inspection services by the Contractor to
the Oak Park Building Inspection Department under the following
terms and conditions :
1 . The term of this agreement shall be from January 1,
1998 to December 31, 1998, unless earlier terminated as provided
• herein.
2 . Early Termination. The Contractor or Oak Park may
unilaterally terminate this agreement without cause and for any
reason upon giving at least 30 days written notice to the other
party by mailing same using certified mail to the address provided
for herein.
3 . Plan Inspection Services . Oak Park currently
receives applications for building inspection and plan inspection
services and does receive fees for all building permits and
projects within the City of Oak Park Heights and the City of
Bayport . The Contractor shall not be asked to provide routine
building inspection services except under the terms and provisions
of this contract nor shall he be required nor allowed to
411 administrate the receipt of fees from applicants for building
. 411
inspection services from either community. All applications and
processing appropriate fees charged under the terms and provisions •
of the building code is adopted within either community, shall be
the exclusive province and responsibility of Oak Park.
4 . Contractor will provide on request to Oak Park, plan
check services as are necessary in all instances where such plan
checking is mandatory under the existing laws, codes and
ordinances . Oak Park shall notify the Contractor of the need for
plan check services as it affects any application for building
permits received by Oak Park within either community of Oak Park
Heights or Bayport, both of which being currently administered for
building inspection services under the Oak Park Building Inspection
Department .
5 . For the provision of plan check services by the •
Contractor, the Contractor shall be reimbursed at the rate of 90%
of the standard plan check fees as is currently assigned and
specified within the City' s Ordinance which currently adopt the
1994 Building Code as is more fully set forth within Chapter 301,
Section 301 . O1F, Code of Ordinances for the City of Oak Park
Heights .
6 . Building Inspection Services . Contractor will
provide on request of Oak Park Heights building inspection
services, as are required to be provided under the City' s Building
Inspection Ordinance. Contractor shall be compensated at the rate
of Forty-Two and 00/100 Dollars ($42 . 00) per hour for services
rendered. Contractor shall bill monthly, identifying each
2 •
inspection as to each permit number and the time allocated to such
410 inspection.
7 . The local government shall remain responsible for
enforcement of zoning and/or building code violations observed by
the Contractor and reported to the local government official .
Contractor shall be under the direct supervision of the Oak Park
Heights Building Official . If for any reason that the Oak Park
Heights Building Official is not available, all questions,
inquiries and comments shall be directed to the Office of the City
Administrator by the Contractor.
8 . It is clearly understood between the parties that as
it pertains to services requested under this agreement, the
Contractor is serving only in the capacity of a professional
building inspector providing for plan check and building inspection
410 services on request of Oak Park. This contract does not intend nor
does it grant any exclusive rights or privileges to either party as
it relates to the provision of these services but all such services
for building inspection plan check fees to the extent requested by
the City of Oak Park Heights shall be forwarded to the Contractor
by Oak Park on an as needed basis .
9 . Material and Work Product . All reports, memoranda,
referrals and correspondence generated by the Contractor in
fulfilling this agreement shall be the property of Oak Park. The
Contractor shall prepare and maintain all records required by the
local government and under the building code to substantiate the
amounts of types of services rendered for all purposes .
3
O
10 . Merger and Modification. It is hereby understood
and agreed that this entire agreement between the parties is 111
contained herein and that this agreement supersedes all prior oral
negotiations and discussions existing between the parties relating
to this subject matter. Any material modifications, variations or
alterations or waivers or provisions of this agreement, shall be
valid only when they have been reduced to writing as an amendment
thereto and signed by the parties .
Dated:
Jon Ludwig, dba Building Inspection
Services, Inc .
CITY OF OAK PARK HEIGHTS
411
Dated:
David Schaaf
Mayor
Judy Holst
Acting City Administrator
4