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HomeMy WebLinkAbout2022-4098CONTRACT #2022-4098 JOINT POWERS AGREEMENT FORTH E 53RD AVENUE TRAIL AND WALK IMPROVEMENTS PROJECT IN THE CITIES OF COLUMBIA HEIGHTS AND FRIDLEY THIS AGREEMENT, made and entered into this I day of, 2022, by and between the City of Columbia Heights, Minnesota, a municipal corporation (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 53d Avenue from Main Street NE to Central Avenue NE (hereinafter collectively the "Project"); and, WHERAS, 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, easement 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 government units and also provides that any one governmental unit may perform on behalf of another government 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 MnDOT Local Road Improvement Program (I -RIP), with matching funding to be provided by Columbia Heights and Fridley; and, WHERAS, the total costs funded by matching funds forthe Improvements shall be shared by Columbia Heights and Fridley in accordance with the terms of this Agreement; and 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: SECTION A PROJECT SUMMARY 1. The Improvements and financing include the Project as identified above which shall be 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 the Improvements as may be needed and desired to conform to Minnesota Statutes, Chapter 429 or its local process. 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 contact 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 priorto 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 utility improvements will be observed by a Columbia Heights representative and constructed to its design standards. Fridley utility improvements will be observed by a Fridley representative and constructed to its design standards. 7. Construction observation for all LRIP grant -eligible items including street, 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' portion of the costs of the Improvements in accordance with this Agreement in accordance with Section B. 11. All engineering, project management, and construction services shall comply with MnDOT LRIP grant program requirements. 2 SECTION B COST ALLOCATION For the segment of the Project between Main Street and University Avenue, Fridley will pay the entire cost of engineering, construction, and all expenses identified in this section. For the segment of the Project between University Avenue and Central Avenue, the cost of engineering, construction, and expenses will be shared between Fridley and Columbia Heights as further identified in this section. 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 LRIP grant. In addition, each party will pay independently for any design of City specific improvements such as City -owned utility upgrades. The final design costs of the Improvements shall include, but not limited to data collection, research and reports, 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 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 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 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 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 3 City specific improvements such as City -owned utility upgrades. Testing costs for the Improvements will include, but not limited to onsite and offsite materials testing, geotechnical borings and analysis, and preparation of associated reports. 6) Street Modification Costs a) Each party will pay 50% of all costs of the street modifications associated with the Improvements in excess of eligible LRIP 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 Improvement Costs a) Each party will pay 50% of all costs of the sidewalk and trail Improvements, including mandatory ADA upgrades in excess of eligible LRIP grant funded costs. In addition, each party will pay independently for construction of any City -specific sidewalk or trail improvements not required by the Project. 8) Storm Sewer -improvement Costs a) Each parry will pay 50% of all costs of stormwater modifications and water quality elements required to permit the Improvements in excess of eligible LRIP grant funded costs. In addition, for any City specific improvements not required to permit the Project, each party will pay independently for stormwater modifications or water quality improvements. 9) Permitting Costs a) Each party will pay 50% of all costs of permitting necessary for the Improvements in excess of eligible LRIP grant funded costs. In addition, each party will pay independently for permitting expenses for any City specific improvements that require permitting and are not required to permit the Project. 10) Private Utility Costs a) Each party will pay 50% of all costs of private utility protection and relocation necessary for the Improvements in excess of eligible LRIP grant funded costs. In addition, each party will pay independently for private utility protection and relocation such as burying power lines. 11) City -Owned Utility Costs a) Each party will pay 50% of all costs of City -owned utility protection and relocation necessary for the Improvements in excess of eligible LRIP 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 watermain, sanitary sewer, etc. 12) Right of Way, Costs a) Each party will pay 50% of all costs of right-of-way easements necessary for the Improvements in excess of eligible LRIP 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 easement that are not necessitated by the Project. M SECTION C COST REIMBURSEMENT 1. Upon execution of this Agreement and thereafter, Fridley shall invoice Columbia Heights for its percentage of eligible costs incurred forthe Project as identified in the Cost Allocations above in excess of eligible LRIP 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 LRIP 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. 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 notice 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 LRIP grant funded costs when 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 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. 5 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: a. As to Columbia Heights: City of Columbia Heights 590 401h Avenue NE Columbia Heights, MN 55112 ATTN: City Manager b. As to Fridley City of Fridley 7071 University Ave. N.E., 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. 31 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. 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/orthe services to be performed hereunder, whether in whole or in part, without the prior written consent of the non -assigning parry. 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. [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 i By: Arn da Marquez Simula, Mayor By: Kelli Bourgeoi ity Manager 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:�' ! .� - -�4 4 Scott Mayor) . , l By: Wally Wysopal, City Man /ger 8