05-14-2018 Council Packet - Laserfiche WebLink

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Agreement Old Crystal Bay Road WHEREAS, the City and School have indicated their willingness to participate in the construction and engineering costs of the Project as detailed herein; and WHEREAS, the construction costs for the Project shall be comprised of state aid funds, municipal utility funds, school district funds and local funds; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of Minnesota Statutes Section 471.59. NOW THEREFORE, IT IS HEREBY AGREED: 1. Cooperation. The City and the School shall cooperate in the development and construction of the Project. The cooperate development is pursuant to Minn. Stat. §471.59 et. SeMc . and other applicable statutes and express and implied powers of the parties. The power and responsibilities with respect to such joint endeavor shall be exercised by the City and School, through their City Council, School Board and authorized designees. 2. Location. The location of the project shall be set forth in the City and on School grounds as depicted on the attached Exhibit A. 3. Duties. a. The City will advertise for bids for the work and construction of the Project, receive and open bids pursuant to said advertisement and will enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law. The contract will include the plans and specifications prepared by the City, which said plans and specifications are referenced and identified as S.A.P. 152-102-017 and approved by the Minnesota Department of Transportation (MnDOT). b. The City will administer the contract and inspect the construction of all the contract work contemplated herewith. However, the School's designated representative shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. c. The School agrees that the City may make changes in the plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the School that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. Said changes may result in an increase or decrease to the School's cost participation estimated herein. -2- 197666v1