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.
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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
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