HomeMy WebLinkAbout2016-27041 f�;
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I UV L41M V Ivan Lei a,
THIS AGREEMENT is made as of the day of March, 2016 (date when executed
by second party), by and between the City of Fridley, Minnesota ( "Fridley "), and the City of
Columbia Heights, Minnesota ( "Columbia Heights ") both Minnesota municipal corporations.
WHEREAS, Fridley and Columbia Heights share a common boundary and wish to
undertake street improvement projects on 45th Avenue NE from University Avenue to Main
Street; and
WHEREAS, the improvements consist of street rehabilitation on 45th Avenue from
University Avenue to Main Street, identified as Fridley Project ST 2016 -01; and
WHEREAS, Minn. Stat. § 471.59 provides for the joint exercise of common or similar
powers by governmental units and also provides that any one governmental unit may perform on
behalf of another governmental unit any service or function which
to perform for itself, and that unit would be authorized
NOW, THEREFORE, by virtue of the powers granted by law and in consideration of
the mutual covenants and agreements of the parties hereto, it is agreed as follows:
Fridley will prepare plans and specifications for the projects and advertise and open bids
in accordance with State of Minnesota law.
2. Fridley shall tabulate bids upon their receipt and make a recommendation of award. Each
city must award the project for the work to move forward on their respective sides of 45th
Avenue N.E.
3. Construction engineering, including contract administration, staking, construction
observation, and materials testing shall be performed by Fridley, or their representative.
Columbia Heights may increase or decrease the amount of concrete curb and gutter and
flatwork replacement done in their City, prior to the contractor beginning work. Any
concerns by Columbia Heights regarding construction procedures or materials shall be
immediately brought to the attention of the City Engineer of Fridley. Columbia Heights
is allowed to inspect the Contract Documents, and /or the Work at any time during the
project.
4. All monthly progress payments to the contractor shall be made by Fridley. All change
orders concerning work within the City of Columbia Heights, shall be agreed to by
Columbia Heights' City Engineer, prior to execution by the City of Fridley. Final
contract payment shall occur only after final acceptance of the improvements by the City
Council of each city.
5. Fridley shall invoice Columbia Heights for reimbursement of Columbia Heights's portion
of the construction cost plus 8% of said cost for construction engineering of the
improvements upon substantial completion of the project. Columbia Heights shall
reimburse Fridley within 30 days of receiving the invoice.
6. A strict accounting shall be made of all funds, and reports of all receipts and
disbursements shall be made upon request of any party hereto.
7. Each party agrees to indemnify the other, its officers, agents, and employees, for claims
arising out of its conduct or resulting from breach of this Agreement. Nothing herein
shall be deemed a waiver by either party of the limitations on liability set forth in
Minnesota Statutes, Chapter 466.
8. Each City will be responsible for all requirements of any special assessments in
accordance with Minnesota Statues, Chapter 429 as it pertains to the project within its
own City.
9. Each City represents that its governing body has duly authorized the execution and
delivery hereof, and that upon such execution and delivery, this Agreement will be
binding as against such party.
10. This Agreement constitutes the entire agreement of the parties on the matter related
hereto. This Agreement shall not be altered or amended, except by agreement in writing
signed by the parties hereto. If any provision of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof, and the remaining
provisions shall not in any way be affected or impaired thereby. This Agreement may be
simultaneously executed in several counter parts, each of which shall be any original and
all of which shall constitute but one and the same instrument. This Agreement shall be
construed in accordance with the laws of the State of Minnesota.
11. This Agreement shall terminate with the expiration of the project warranties, or two years
after the agreement date, whichever is later.
IN WITNESS WHEREOF, the parties hereto by their authorized representatives hereunto
set their hands as of the day and date first above written.
Gary Petersd , Mayor
And by:
Walter Fehst, City Manager
i
And by:
a er T. Wysopal, City Ma ager