HomeMy WebLinkAbout2020-3036JOINT POWERS AGREEMENT FOR THE 53rd AVENUE TURNABOUT PROJECT
IN THE CITIES OF COLUMBIA HEIGHTS AND FRIDLEY
THIS AGREEMENT, made and entered into this /0 day of 12./..::'Ll.,d. 2020, by and between the City of Columbia Heights, Minnesota, a municipal corp�(hereinafter "Columbia Heights"), and the City of Fridley, Minnesota, a municipal corporation (hereinafter "Fridley").
WHEREAS, Columbia Heights and Fridley share a common boundary and desire to pursue an improvement project on 53 rd Avenue from Central Avenue NE to approximately 1,200 feet west (hereinafter collectively the "Project"); and,
WHEREAS, the conceptual improvements in Columbia Heights and Fridley that are to be included in the 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 Project improvements including project development, property acquisition, preliminary and final engineering, permitting, administration, construction, inspection, testing, documentation, and all other cost and work items described herein; 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 that unit would be authorized to perform for itself; and
WHEREAS, the Improvements have been partially funded by the federal Highway Safety Improvement Program (HSIP), with matching funding to be provided by Columbia Heights and Fridley; and
WHEREAS, the total costs funded by matching funds for the Improvements shall be shared by Columbia Heights and Fridley in accordance with the terms of this Agreement;
NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the mutual coven ants and agreements of the parties hereto, it is agreed as follows:
SECTION A
PROJECT SUMMARY 1.The Improvements and financing include the Project as identified above which shallbe provided and constructed 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 Fridley agree to develop separate Feasibility Reports for theImprovements as may be needed and desired to conform to Minnesota Statutes, Chapter 429 or its local process.
Contract # 2020-3036
3.Upon review and approval of Feasibility Reports, a completion of design (including
the preparation of plans and specifications) shall be performed by Fridley. Surveys, data,
collection, and preparation of plans required for final design of the Project shall also be performed
by Fridley. Bidding and contract documents shall be prepared in a form that allows the share of
costs allocated to each party to be determined.
4.Plans and specifications shall be approved by Columbia Heights and Fridley prior to
releasing an advertisement for bids. Contract award to the lowest responsible bidder will be
conducted by Fridley; Columbia Heights must approve award of the Project in writing.
5.Bidding, Construction Engineering, Contract Administration, Permitting, Agency
Submittals, Staking, and Contract Management shall be performed by Fridley.
6.Construction observation for city-owned utility improvements will be the
responsibility of the respective utility. For Example, Columbia Heights sewer or water
improvements will be observed by a Columbia Heights representative and constructed to its
design standards. Fridley sewer or water improvements will be observed by a Fridley
representative and constructed to its design standards.
7.Construction observation for all HSIP grant-eligible items including street, traffic
signal, sidewalk, and trail improvements will be performed by Fridley, including utility coordination
to complete the Project.
8.Monthly progress payments to the contractor for any Improvements shall be
reviewed and agreed upon by both Columbia Heights and Fridley project representative prior to
release of payment. Change orders or supplemental agreements concerning work shall be agreed
to by Columbia Heights' City Engineer, prior to execution by Fridley. Final contract payment shall
occur only after final acceptance of the Improvements by the city council of Columbia Heights and
the city council of Fridley.
9.Fridley will ensure that warranties and guarantees are established for the entire
project, including improvements located in Columbia Heights, and will transfer said warranties and
guarantees to Columbia Heights.
10.Fridley shall invoice Columbia Heights for reimbursement of Columbia Heights's
portion of the costs of the Improvements in accordance with this Agreement in accordance with
Section B.
SECTION 8
COST ALLOCATION
1.Design Costs
a.Each party will pay 50% of all design costs for the Improvements, including
planning and preliminary design that may have occurred prior to this agreement after award of the
HSIP grant. In addition, each party will pay independently for any design of City specific
2
improvements such as City-owned utility upgrades. The final design costs of the Improvements
shall include, but not be limited to data collection, research and reports (e.g. signal justification
report), preparation of drawings and exhibits, and preparation of plans and specifications.
2.Project Administration Costs
a.Each party will pay 50% of the project administration costs for the
Improvements. In addition, each party will pay independently for project administration for any
City specific improvements such as City-owned utility upgrades. The project administration costs
for the Improvements shall include, but not be limited to bidding, contract coordination and
management, project management, work directive and change order management, and
contractor payment.
3.Construction Observation Costs
a.Each party will pay 50% of all costs of the construction observation of the
Improvements. In addition, each party will pay independently for construction observation for any
City specific improvements such as City-owned utility upgrades. Construction observation costs
for the Improvements will include, but not be limited to field inspection, quantity measurement,
materials inspection, and recordkeeping.
4.Survey Costs
a.Each party will pay 50% of all costs for survey of the Improvements. In
addition, each party will pay independently for surveying associated with City specific
improvements such as City-owned utility upgrades. Survey costs for the Improvements will
include, but not be limited to topographic survey, construction surveying, and closeout survey for
record drawings.
5.Testing Costs
a.Each party will pay 50% of all costs of the material and field testing
associated with the Improvements. In addition, each party will pay independently for any testing
associated with City specific improvements such as City-owned utility upgrades. Testing costs for
the Improvements will include, but not be limited to onsite and offsite materials testing,
geotechnical borings and analysis, and preparation of associated reports.
6.Street and Traffic Signal Modifications
a.Each party will pay 50% of all costs of the street modifications and traffic
signal modifications associated with the Improvements in excess of eligible HSIP grant funded
costs, including modifications that may be necessary for private drives and access and any
mandatory Americans with Disabilities Act (ADA) upgrades.
7.Sidewalk/Trail Improvements
a.Each party will pay 50% of all costs of the sidewalk and trail relocation
associated with the Improvements, including any mandatory ADA upgrades in excess of eligible
HSIP grant funded costs. In addition, each party will each party will pay independently for
construction of any City-specific sidewalk or trail improvements not required by the Project.
3
8.Storm Sewer Improvements
a.Each party will pay 50% of all costs of stormwater modifications and water
quality elements required to permit the Improvements in excess of eligible HSIP grant funded
costs. In addition, for any City specific improvements not required to permit the Project, each
party will pay independently for stormwater modificati ons or water quality improvements.
9.Permitting
a.Each party will pay 50% of all costs of permitting necessary for the
Improvements in excess of eligible HSIP grant funded costs. In addition, each party witl pay
independently for permitting expenses for any City specific improvements that require permitting
and are not required to permit the Project.
10.Private Utilities
a.Each party will pay 50% of all costs of private utility protection and
relocation necessary for the Improvements in excess of eligible HSIP grant funded costs. In
addition, each party will pay independently for private utility protection and relocation such as
burying power lines.
11.City-Owned Utilities
a.Each party will pay 50% of all costs of City-owned utility protection and
relocation necessary for the Improvements in excess of eligible HSIP grant funded costs. In
addition, each party will pay independently for any City-owned utility modifications not
necessitated by the Project such as upgrades to water main, relocation of a sanitary sewer lift
station, etc.
12.Right of Way
a.Each party will pay 50% of all costs of right-of-way acquisition necessary for
the Improvements in excess of eligible HSIP grant funded costs and for any future improvements
mutually agreed to by both parties. In addition, each party will pay independently for any right-of
way acquisitions that are not necessitated by the Project.
SECTION C
COST REIMBURSEMENT
1.Upon execution of this Agreement and thereafter, Fridley shall invoice Columbia
Heights for its percentage of eligible costs incurred for the Project as identified in the Cost
Allocations above in excess of eligible HSIP grant funded costs, and Columbia Heights will pay
Fridley for invoiced amounts within thirty days of receipt.
2.Following the contract award by Fridley to the successful bidder on the Project,
Fridley shall invoice Columbia Heights routinely for the estimated Columbia Heights share of the
Project in excess of eligible HSIP grant funded costs when paid to the Contractor by Fridley.
Payments shall be made to Fridley by Columbia Heights for the full amount due stated on the
4
invoices within thirty (30) days of the invoice date. Said estimated Columbia Heights share shall be
based on actual contract unit prices applied to the estimated quantities shown in the plans.
3.In the event Fridley Engineer or Fridley's staff determines the need to amend the
construction contract with a supplemental agreement or change order noticed to Columbia
Heights which results in an increase in the contract amount for the Project, Fridley shall invoice
Columbia Heights routinely for the estimated Columbia Heights share of the Project in excess of
eligible HSIP grant funded costs when paid to the Contractor by Fridley. Payments shall be made
to Fridley by Columbia Heights for the full amount due stated on the invoices within thirty (30)
days of the invoice date.
4.Upon substantial completion of the project, Columbia Heights will advise the City of
Fridley of any work that needs to be performed to achieve full completion of the project. These
items will be included in the Contractor's punchlist upon review and acceptance of Fridley.
5.Upon final completion and prior to final payment to the Project Contractor by Fridley,
Columbia Heights will provide certification that the work is complete and accepted by Columbia
Heights. This certification may be withheld by Columbia Heights until such time as all work is
completed to the acceptance of Columbia Heights.
SECTION D
MAINTENANCE RESPONSIBILITIES
1.Maintenance and upkeep of the Improvements after completion shall be in
accordance with existing policies and responsibilities of the respective Cities in place prior to
construction of the Improvements.
SECTION E
MISCELLANEOUS PROVISIONS
1.Compliance with Laws. The parties agree to comply with all laws, ordinances, and
regulations of Minnesota applicable to this Agreement and the construction of the Improvements.
This Agreement shall be construed and enforced according to the laws of Minnesota.
2.Indemnification. Each party will be responsible for claims and damages resulting
from the acts, errors and omissions of its officers, employees and agents and will defend and
indemnify the other party for any such claims; provided, however, that nothing in this Agreement
shall constitute a waiver or limitation of any immunity or limitation on liability to which either
party is entitled under Minnesota Statutes, Chapter 466, or otherwise.
3.Notices. Any notices or correspondence required to be given under this Agreement
or any statute or ordinance shall be in writing and shall be deemed to be given if delivered
personally or mailed postage-prepaid by certified mail, return receipt requested:
5
a.As to Columbia Heights:
b.As to Fridley
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55112
ATTN: City Manager
City of Fridley
7071 University Avenue NE
Fridley, MN 55432
ATTN: City Manager
or at such other address as either party may, from time to time, notify the other in writing in
accordance with this paragraph.
4.Severability. In the event that any provision of this Agreement is held to be invalid,
illegal or unenforceable by any court of competent jurisdiction, such holding shall pertain only to
such section and shall not invalidate or render unenforceable any other provision of this
Agreement.
5.Nonwaiver. If either party waives any default or non-performance by the other
party in writing, such waiver shall be deemed to apply only to such event and shall not waive any
other prior or subsequent default.
6.Preamble and Recitals. The preamble and recitals set forth on page one of this
Agreement are incorporated into and made a part of this 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 Fridley as its representative authorized to act on Columbia Heights's behalf with
respect to this Agreement.
To the degree permitted by state law, Fridley designates its City Manager, or his/her
designee as authorized in writing, as its representative authorized to act on Fridley's behalf with
respect to this Agreement.
6
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, whethe r 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.
15.Termination. This Agreement shall terminate with the expiration of the project
warranties, or two years after the agreement date, whichever is later. In the event the project is
suspended or terminates prior to construction, Fridley shall invoice (or return to) Columbia Heights
share of costs not expended in accordance with Article C of this Agreement.
[The remainder of this page is intentionally blank.]
7
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 HEIGHTS
By:
Donna Schmitt, Mayor
By:
IN TESTIMONY WHEREOF, the City of Fridley has caused this Agreement to be executed the
day and year first above written.
CITY OF FRIDLEY
By:
By:
Wally Wysopal, City Manager
8
EXHIBIT A
PROJECT LOCATION AND PROPOSED PROJECT IMPROVEMENTS
A-I
53rd Avenue
Fridley, MN
PRELIMINARY LAYOUT
08/16/2018 111:\BOLTON �&MENK