05-28-2019 Council Packet - Laserfiche WebLink

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JOINT POWERS AGREEMENT BETWEEN THE CITY PLYMOUTH AND THE CITY OF ORONO FOR THE MILL AND OVERLAY OF FERNDALE LANE FROM COUNTY ROAD 6 TO HIGHWAY 12 THIS AGREEMENT is entered into between the CITY OF PLYMOUTH, a Minnesota municipal corporation (hereinafter referred to as "Plymouth") and the CITY OF ORONO, a Minnesota municipal corporation (hereinafter referred to as "Orono"), with the parties collectively hereinafter referred to as the "Cities". WHEREAS, the Cities desire to implement the mill and overlay of Ferndale Lane between County Road 6 and Highway 12 in the cities (the "Project"); and WHEREAS, Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power; and WHEREAS, Plymouth will prepare the plans and specifications for the Project (the "Plans"). NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. PLANS AND SPECIFICATIONS. Plymouth will prepare plans and specifications for the Project consistent with Plymouth and Orono design standards. After final design of the project has been completed Plymouth shall provide Orono with the Plans and an estimate of cost detailing the expected responsibility of each party. 2. BIDDING. Plymouth will advertise for bids for the construction of the Project in accordance with Minnesota law and will provide Orono with an analysis of the bids received. Plymouth may reject the bids. If Plymouth rejects the bids, Plymouth may terminate this Agreement. Plymouth must obtain Orono's approval of the bid before awarding a contract. 3. CONTRACT AWARD. Plymouth shall prepare contract documents and enter into a contract with the approved bidder. 4. CONSTRUCTION. Plymouth will provide the construction of the Project in accordance with Minnesota Law and will provide Orono with a summary of the quantities of materials required to construct Orono's portion of the Project. 5. COST ALLOCATION. Relevant project costs shall be paid by each Party in accordance with the construction quantity tabulation for items attributable to each Party. Project costs include actual constructions quantities and costs. Project costs also include fees incurred from Plymouth's designated engineer, SRF Consulting Group, Inc. Fees from Plymouth's designated engineer, pursuant to the Agreement for Engineering Services dated December 11th, 2018, shall be split equally between the Cities. Any fees resulting from amendments to the agreement with Plymouth's designated engineer shall be paid as mutually agreed upon by the Cities. Project costs do not include costs associated with the parties' employees. 1