Res 2016-13 Approving Jt Pwrs Agr with Col Hgts for 45 Ave
RESOLUTION NO. 2016 - 13
A RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH
COLUMBIA HEIGHTS FOR THE WORK ON THE SOUTH HALF OF
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45 AVENUE AS A PART OF ST2016-01 STREET IMPROVEMENT PROJECT
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WHEREAS
, Fridley and Columbia Heights share a common boundary along 45 Avenue NE
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and wish to undertake street improvement projects on 45 Avenue NE from University Avenue
to Main Street; and
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WHEREAS
, the improvements consist of street rehabilitation on 45 Avenue from University
Avenue to Main Street, identified as Fridley Project ST 2016-01 (the “Project”); 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;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA
: that the City of Fridley, Anoka County, Minnesota, authorizes
execution of the attached Joint Powers Agreement with Columbia Heights for the work on the
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south half of 45 Avenue as a part of ST2016-01 Street Improvement Project
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
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14 DAY OF MARCH, 2016
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______________________________
SCOTT J. LUND - MAYOR
ATTEST:
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DEBRA A. SKOGEN - CITY CLERK
JOINT POWERS AGREEMENT
CITY OF FRIDLEY STREET IMPROVEMENT PROJECT ST-2016-01
PLYMOUTH NEIGHBORHOOD
THIS JOINT POWERS AGREEMENT (the “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.
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WHEREAS
, Fridley and Columbia Heights share a common boundary along 45
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Avenue NE and wish to undertake street improvement projects on 45
Avenue NE from
University Avenue to Main Street; and
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WHEREAS
, the improvements consist of street rehabilitation on 45 Avenue from
University Avenue to Main Street, identified as Fridley Project ST 2016-01 (the “Project”); 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
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:
1.Fridley shall prepare plans and specifications for the Project and advertise and open bids
for the Project in accordance with Minnesota law.
2.Fridley shall tabulate bids upon their receipt and make a recommendation of award with
respect to the contract for the Project. Both Fridley and Columbia Heights must award
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the Project contract for the work to occur on their respective sides of 45 Avenue N.E.
3.Construction engineering, including contract administration, staking, construction
observation, and materials testing shall be performed by Fridley, or its representative.
Columbia Heights may increase or decrease the amount of concrete pavement restoration
work performed in Columbia Heights, , 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 the work at any time during the Project.
4.Fridley shall make all monthly progress payments to the contractor. Fridley shall make
the final contract payment only after final acceptance of the improvements by the City
Council of both Fridley and Columbia Heights.
5.Fridley shall invoice Columbia Heights for reimbursement of Columbia Heights’s portion
of the Project construction cost, which represents the cost of the improvements
constructed within Columbia Heights’ boundary, plus 5% 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.Fridley and Columbia Heights each represents that its respective governing body has duly
authorized the execution and delivery of this Agreement, and that upon such execution
and delivery, this Agreement will be binding as against such party.
9.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 counterparts, 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.
10.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.
CITY OF COLUMBIA HEIGHTS CITY OF FRIDLEY
By: By:
Gary Peterson, Mayor Scott Lund Mayor
And by: And by:
Walter Fehst, City Manager Walter T. Wysopal, City Manager