Loading...
HomeMy WebLinkAboutContract 1756 JOINT POWERS AGREEMENT 2003-:1004 TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING This Joint Powers Agreement ("Agreement") is by and between the cities of Coon Rapids, Andover, Brooklyn Center, Cokunbia Heights and Fridley (hereinafter individually the "City" and collectively the "Cities"). WHEREAS, the Cities have a connnon need to maintain their streets; WHEREAS, the Cities have recognized that there is a financial benefit that will be realized should they cornbine together for bidding purposes in search of one common contractor; WHEREAS, Mirna. Stat. § 471.59 provides for the joint exercise of cormnon or sirnilar powers by governmental units and also provides that may one govennnental unit may perform on behalf of another goverrnnental unit may service or function which that unit would be authorized to perform for itself; NOW, THEREFORE, by vi~lue of the powers granted by law mad in consideration of the rnutnal covenants and agreements of the parties hereto, it is agreed as follows: 1. Purpose. The Cities agree that they have joined together for the ptn'pose of obtaining a common contractor for certain street rnaintenance activities and with the expectation that the cost to each individual city would be less as a result of this Agreement. 2. Method. Subject to the provisions of this Agreement, Coon Rapids shall prepare mxy plans, specifications, bid proposals and advertise for bids for the placernent of street traffic rnarkings, street sweeping, crack sealing, scree~zing mad seal coating services. Sho~tly after the execution of this Agreernent, Coon Rapids will provide each City with a bid forrn for the vm'ious street rnaintenance services. Within twenty (20) days after receipt of the bid form, each City shall provide to Coon Rapids their estimated quantities for the various street maintenance services anticipated during the 2004 season. A City that fails to return the bid form within twenty (20) days may be, at Coon Rapids' discretion, excluded from the bidding process. 3. Bid and Award. After receiving the bid quantities from each participating City, Coon Rapids shall prepare final plans and specifications and advertise for bids in accordance with state law. Coon Rapids shall tabulate the bids upon their receipt and make a recommendation of award to the Cities. The Cities shall have twenty (20) days after receipt of the recommendation of award to provide Coon Rapids with written approval or rejection of Coon Rapids' recommendation of award. Cities that reject or fail to respond to Coon Rapids' recommendation shall be excluded from the bid award. After receiving the approvals described herein, Coon Rapids shall award the street maintenance contracts pm:suant to state law. 4. Opting Out. The parties hereto recognize that m~micipal funding sources and spending priorities may change throughout the bidding and award process. In recognition thereof, within sixty (60) days after a bid has been awarded, a City may opt out of any individual bid award and contract by providing written notice to the Director of Public Works, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, Mim~esota 55433. 5. Responsibilities. Each City shall be responsible for: · Preparing maps showing the proposed locations for these services located witlfin their City including estimating the quantities. · Preparing the streets for markings in accordance with the specifications and coordinating with the contractors as to the timing of the actual work. · Inspecting the contractors' work, measuring the quantities of work performed, approving and certifying the progress or final payments to contractors. Within ninety (90) days of written notification of a contract award, paying a percentage of each City's actual construction cost to Coon Rapids for legal and administrative costs on a sliding scale basis as follows: First $0 - $50,000 2.0% $50,001 to $100,000 1.5% Over $100,000 1.0% 6. Payments. In accordance with the specifications, each contractor will submit a separate itemized invoice to each City for the work performed in that City. Each City shall pay invoiced muom~ts directly to the contractors and shall hold harmless Coon Rapids from any amounts owed. 7. Indemnification. The pm'ties mutually agree to indelm~ify and hold each other harmless from all claims, demands, and causes of action of any kind of character, including the cost of defense thereof, resulting from the acts or omissions of their respective councihnembers, officers,' officials, agents and employees relating to activities conducted nnder this Agreement. 8. Termination. This Agreement will automatically terminate on March 15, 2005, and may not be terminated on the part of any City except a City lllay choose not to participate by not responding to any of the deadlines set forth in this Agreement or by opting ont as provided in Section 4 herein. 9. Strict Accountability. A strict accounting shall be lnade of all ftmds, and reports of all receipts and disbursements shall be made npon request by any party hereto. 10. Representations. Each of the Cities represent that its governing body has duly authorized the execution and delivery hereof, and that upon such execution and delivery, this Agreement will be binding as against such party. 11. Miscellaneous. Tlfis Agreement constitutes the entire agreement of the parties on the matter related hereto. Ttzis 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 m~e~fforceable by any court of competent jm'isdiction, such holding shall not invalidate or render une~fforceable any other provision hereof, and the remaining provisions shall not in amy way be affected or impaired thereby. This Agreement may be simultameously executed in several counter partes, each of which shall be an 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 Mi~mesota. 12. No Joint Venture. This Agn'eement is entered into for the ptapose of joint solicitation of bids and not for a joint undertaldng of street maintenance projects. Street projects are no;r joint ventures of the parties and no City is liable or responsible for any claims for dmnages arising out of any such projects in another City. 1N WITNESS WHEREOF, the parties have caused this Agreement to be executed by the duly authorized officers of their respective governing bodies as of the __ day of February, 2004. CITY OF COON RAPIDS ueram tJ/~l~finter, City Manage CITY OF ANDOVER //' May6r By: ~~ ~,~' City Clerk 4 CITY OF BROOKLYN CENTER CITY OF COLUMBIA HEIGHTS By By City Manag~ ~~) City Manager CITY OF FRIDLEY City Manager