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HomeMy WebLinkAboutContract No. 2015-2661it THIS AGREEMENT, made and entered into this ol,�,day of 2015, by and between the City of Columbia Heights, Minnesota, a municipal core ation (hereinafter "Columbia Heights "), and the City of Saint Anthony, Minnesota, a municipal corporation (hereinafter "Saint Anthony "). WHEREAS, Columbia Heights and Saint Anthony share a common boundary and each desires to pursue a street improvement project of Stinson Boulevard fiom 37'h Avenue NE to Silver Lane (hereinafter collectively the "2016 Stinson Boulevard Reconstruction Project "); and, WHEREAS, the streets in Columbia Heights and Saint Anthony that are to be included in the 2016 Stinson Boulevard Reconstruction Project are named and depicted in the attached Exhibit A to this Agreement; and, WHEREAS, the word "Improvements" as stated and used in this Agreement shall mean all 2016 Stinson Boulevard Reconstruction Project improvements including project development, preliminary and final engineering, administration, construction, inspection, and all other cost and work items described herein; and WHEREAS, Minnesota Statutes Chapter 471.59 provides that municipalities may enter into a joint powers agreement providing for the division of costs for such Improvements; and WHEREAS, the total costs for the Improvements shall be shared by Columbia Heights and Saint Anthony in accordance with the terms of this Agreement. NOW, THEREFORE, IT IS AGREED: SECTION A PROJECT SUMMARY 1. The Improvements and financing shall be performed in accordance with the terms of this Agreement, the requirements of Minnesota Statutes, Chapter 429, and each City's respective codes, policies, and regulations. 2. Columbia Heights and Saint Anthony agree to develop separate Feasibility Reports for the Improvements. 3. Upon review and approval of the Feasibility Reports, a completion of final design (including the preparation of plans and specifications) shall be performed by Saint Anthony. Surveys, data, collection, and preparation of plans for final design shall also be performed by Saint Anthony. Bidding and contract documents shall be prepared in a form that allows the share of costs allocated to each party to be determined. 2010 Silver Lane Reconstruction Cooperative Agreement 7. Paragraph and Section Headings. The paragraph and section headings used in this Agreement have no legal significance and are used solely for convenience of reference. 8. Entire Agreement. This Agreement and its Exhibits attached hereto, if any, evidence the entire agreement between the parties relating to the subject matter addressed herein and supersedes all other prior agreements and understandings, written or oral, between the parties. 9. Amendment. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto or their successors. 10. Contract Administration. To the degree permitted by state law, Columbia Heights designates Saint Anthony as its representative authorized to act on Columbia Heights's behalf with respect to this Agreement. To the degree permitted by state law, Saint Anthony designates its City Manager, or his/her designee as authorized in writing, as its representative authorized to act on Saint Anthony's behalf with respect to this Agreement. 11. Limitations. This Agreement is not intended to and shall not create rights of any character whatsoever in favor of any person, corporation, association or entity other than the parties to this Agreement and their successors and assigns, and the obligations herein assumed are solely for the use and benefit of the parties to this Agreement and their successors and assigns. 12. Non - Assignment. The parties hereto agree that neither party shall assign, sublet, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the non - assigning party. 13. Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one in the same Agreement. 14. Data Practices. Data provided to either party or received from either party under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. [The remainder of this page is intentionally blank.] G IN TESTIMONY WHEREOF, the City of Columbia Heights has caused this Agreement to be executed the day and year first above written. CITY OF COLUMBIA HEI HTS By: _. Gary Peterson, NVayor By: Walter Fehst, City Manager IN TESTIMONY WHEREOF, the City of Saint Anthony has caused this Agreement to be executed the day and year first above written. CITY O SAINT ANTHONY Jerry Faust, Mayor By: IIA x / ark asey, C Manager 7 FINN M:3fiII_1 A -1