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HomeMy WebLinkAboutResolution 87-18RESOLUTION NO. 87-18 RESOLUTION AUTHORIZING THE JOINT BIDDING OF SEALCOATING WORK. FOR STREETS WITH THE CITIES OF COLU~IA HEIGHTS AND FRIDLEY WHEREAS, seatooating of asphalt streets is required; and W~EREAS, the combination of these requirements into a single request for competitive sealed bids is desirable to obtain quantity economies; and W~.EREAS, it is the desire of the cities of Columbia Heights and Frid!ey to solicit bids by a single request for bids in accordance with the following procedures: 1. Any municipality desiring to contract for the purchase of any materials, supplies or work in cooperation with the other municipalities which are parties to this agreement shall, by its representative, notify the other municipalities of such desire, indicating the items and the quantity. 2. If two or more of such municipalities decide to cooperate in the Joint bidding, the Authorized Representatives of the participating municipalities shall prepare the necessary plans and specifications, submit the same to the .participating municipalities for their approval, and following such ~approval by 'each participating municipality, the Authorized Representatives of the ~ participating municipalities shall advertise for bids in the name of al! participating municipalities. All solicitations or advertisements for bids, together with the awarding of said bids, shall be in in accordance with established practices and applicable laws. 3. Within five days after the receipt of bids, the Authorized Representatives of the participating municipalities shall determine which, in their opinion, is the best bid submitted, and they shall notify each of the participating ~anlcipalities of their findings. 4. After receipt of the recommendation of the Representatives, or after the expiration of fourteen days, whichever occurs first, any municipalities desiring to execute a contract shall award the contract to the bidder which it determines to be the lowest responsible bidder, and each participating municipality ,shall then enter into a separate contract with the successful bidder for the materials, supplies and/or work advertised. Inasmuch as the purpose of this Agreement is to allow the participants to benefit from purchasing labor and materials in larger quantities, each municipality agrees to order and pay for the estimated quantities of goods, materials, supplies and labor purchased for them under this Uoint Agreement as initially requested Dy them; consistent with their actual needs. -2 - 5. Al! advertising costs in connection with the proposed purchase of any materials, supplies or work shall be borne equa%ly by the participating municipalities. 6. Not withstanding any other language to the contrary, each municipality reserves the right to reject any or al/ bids, in whole or in part, in connection with the proposed contract of any materials, supplies or work. 7. It is understood and agreed that each participating municipality will make its own separate contract with the successful bidder, that each participating municipality shall only be liable to the successful bidder for materials, .supplies or work contracted for by such municipality without any liability for purchases contracted for by any other participating municipality, and each successful bidder shall be required to bill each participating municipality directly for the materials, supplies or work ordered by it. 8. In the event of any dispute between a municipality and a successful bidder arising after a contract has been executed, such a dispute shall be handled by and between the particular municipality affected and the contractor., 9. By agreement of all the parties hereto any other municipality may become a participant to this procedure prior to notification for publication of bids. 10. Each party hereto further agrees to save harmless any of the other parties hereto suffering loss or damage with respect to the contract supplier for failure to pay for any items actually ordered or failure to take the amount initially designated by such party and included in the award on behalf of such party pursuant to this contract. BE IT RESODVED by the City Council of the City of Fridley, as follows: 1. That the Public Works Director is hereby authorized to work with the Authorized Representatives of the City of Columbia Heights in the development of plans and specifications for Joint bidding of street sealcoating, in accordance with the procedures stated above. 2. That consolidated advertisement of bids for asphalt street sealcoating is authorized with the City of Columbia Neights. PASS~ A?D AD~PTED BY THE CITY COUNCIL O~ THE CITY CF COLUMBIA NEIGHTS THIS i / Offered by: Pautso~ Seconded by: Petkoff Roll Calt: Ail ayes Jo-Anne Student, Council Secretary ATTEST: William Elrite, City Clerk Robert S. Bocwinski, City Manager Ronald S. Kalina, City Attorney ATTEST: CITY OF FRIDLEY Shirley Haapa!a, City Clerk William J. Nee, Mayor APPROVED AS TO FORM: Nasim M. Qureshl, City Manager City Attorney CITY OF ERI[LF£ I, the ~mdersi. gned, being the duly qualified City Clerk of the City of Fridl%-, F. innesota, de here~, oertify tZ~at the RIK~fLUT. IDN attached hereto, was adopted by the City Council cf the City of Fridley at said meetinc~ on MARC~ 23, 1987 witl~ ti~e origir~_t reosrd thereof on file in my office, and the sam..e is a full, true s_nd cor, pleCe tramscript therefrc~.~ insofar as the sas~e relates to: 30-1987 A P_qSOLLT!ON A~ORIZIAE T~E JOIA~f BIDOINS OF M~~~ Ak~ ~ WORK, FOR S~e_-~IB (ST. 1987 - 10, SEALfIAA~') RIT~ ~ CITFP-~ OF (I}L~iA ~EiG~ ANL FRiI~EY MI' HAND as Citer Oerk cf the City. of Fridiev and the sea! of City, t_%is 25T~ ~i cf PARCZ, 1987. ~IRLEY A./ KAAPALA ~ CITY OF FRIE6EY P~t'I-~N AL~3.R!ZING ~E JOINT BIDDING O~' MAINTEN.z~NCE A~'D WORK ~DR S~L57~ WiT~ ~E CITIES OF OgLUMBiA ~EIGW~ A~D ~'f~i_AS, certain se al c~a ti rg of asphalt ~treets is required; and WH_~SAS, the o~cbin~t~on of ~es~ requirements into a single request for ~pet~tive ~ealed ~ids is d~sir~bie t~ obtain quantity economies; ~Y3%S, it is the desire cf the ~ties of Columbia ~eights a~ Fridley to so!~cit b~ds ~5' a single req~st for bids in'~rdano~ with the pr~ar ~: 1. Arb' m~icip=-!i~,' desirng to ~ntract for the purdnase of any materials, supp!les or work in cooperation with the other K-_m. icipalit/es w~i~.% are p~rties to this agree~.ent shall, by. its representstive, r~ti~~ the or.her municipalities of such desire, indicating the ira, s and the quantity. 2. If ~c or more of sudn. m~ici~s/ities decide to (~>operate in ~.%e jcdnt bi~rg, t_h~e ?~k!ic Works Director of ~he ~r]ticpating municipalities shall prepare the necessary plans and specifications, subm. it the same to the participating m~nic~.:r=2:t/es for their approval, a~d follc~ing sucf~ approval by each p~rt. icip~ting. ~unicip~!ity, t_he l~blic Works Directors of the p~rticip~ting~ municipalities ~hall advertis~ for bids in the r=%~e of all ~rtici~ting munici~.lit/es. All soliciatation or a~ert/~r~e.n%s for bids, r~ge. thor with the a~-arding of ~aid b/ds, shall be done in accordance with established practices applicable Within five d~ys after the receipts of bids, the Public Works Directors cf the p~rt/ci~tinc, municipalities shall determiine w~cn, in Lne~r o~nicn, is Lhe ~es% bid sukr. itted, and they fha!l notify eaci~ of the ~rticipating municipalities of their 4. After receipt of the recomJnendation of the Directors, or after the expiration of fourteen days, whichever occurs first, a~.y municil~-~lity desiring to execute a contract shall award the contract to t_he bidder which it determines to be the lc~est responsib/e b~dder, and each participeting municipality shall t. ben enter into a se.r~rate contract with the successfu/ bidder for the Kateria!s, ~Jpplies or w~rk ad%.ertised. In as much as %be ~rp~se of this Ac_re~ent ~s to allow the participants borg, fit frc~ pur~'hasing t~¥or and materials in larger quanties, each municipality agrees to order and pay for the estimated quantities of goods, ~terials, supplies and labor p~rchased for th~ under this Joint Agreement as init/ally requested consistent with their actual 5. All advertising costs in connection with the proposed purchase of any materials, supplies or work shall ~e borne equally ky the ~rticip~tin9 m~nicip~.lit~e~ Pa.oe 2 - R~solution No. - 6. Not wi~sta.ndir~, ar%. other language to the contrary, each m~ici.~!ity reserves the right to reject ar%, or all bids, in w.h01e or in p~r%, in c~r~ec~./on with t. he proposed contract of any ~-teria2s, su .p~2ies or work. 7. It is understood and agreed that each participating mlnicipa!it-~' will ~ke its own separate contract with the sucoessful bidder, that each participatin9 municipality shall only be li~h!e to the sucoes~ul bidder fox materials, supplies or work oontracted for ky sudq municipality without any liability for parc~ases c~ntracted b:' ar%, other p~rticip~ting municilm~!ity, and each successful bidder shall be required to bill each ps r ti ci ps t/ ng munici~!ity directly for ~he materials, supplies or work ordered ~5' i~. 8. In the event of any dispute between a municipality and a sucoes=_.~ut bidd~-r ari£im~ after a contract has been executed, such dispute ~a!l be handled 1:5' and bet%'een the particular m=-nici~/it%, affected and the oontractor. 9. By agreement of all the parties hereto, any other m~icip~liry K=~Z beoaw~e a p~r~icip~nt to this procedure. 10. Each parr~, hereto further agrees to save harmless any of the other part_/es hereto sufferin~ toss or ~a~e wit~ respec~ to t_he contract supplier for failure to pay for any items actually ordered or fa/lure to take the amount initially designated Dy such p~rty ~nd included in the ~ard on behalf of such pursuant to t.~is c~ntr~ct. BE IT R_~CLV~ by the City Cou~¢i/ of the City of ~idl~, as follows: 1. ~at the ~:h~ic Works Director is herebf authorized to work with the Public Works Dir~or of the City of Colur~bia Heights in +~he deve!o~m~nt of DI~ and specifications for joint bidding of ~reet r~aintenance and relu~ir and as~alt street seal __ooa~ ting. 2. That consolidated advertisement of bids for street maintenance and repair and asphalt street sealcoating is, authorized bet:ween the Cities of Columbia Heights and Fridl~d. i:f~SS~ AA~ AEDPTED BY T~E CITY (I~UNfiU~ OF THE CITY OF FRID~EY THIS ~Y OF , 19S7. ATT~FT: W~.~.IAE J. NEE - ~YOR 3/6/13/10 JO!N? POWERS AUREEM~ENT FOR · SEA.CO~TIN~ COP3ORATE LIMIT STREETS by and bet~ee~ the City of Fridley, Minnesota, a m~anicipal corporation, hereinafter referre~ to as "Fridiey~ and the City of Columbia Melghts, Minnesota, ~ munlc~p~ co~o~atlon, hereinafter referred to as "Co~um~i~ Beth,s". W!TNESSETH: W~EREAS, the parties to this agreement desire to jointly sealcoat the £ollowlng corporate limit streets: a) ~Sth Avenue N.E., Main Street N.E. to Dniversity Avenue N.E. b) U.~versity Avenue Service Road, ~Sth Avenue N.E. to 5Brd Avenue N.E. c) 53rd Avenue N.E., University Avenue N.E. to Central Avenue N.E. and WEEHEAS, the parties agree that it is in their best interest that the cost of said prcJe~t be shared; and , ~HEPEAS, said work will be carried out in accordance with the provisions of Minnesota S~=.~te ~71.59 NOW, ~HERSrORE, IT IS AGREED by and between the parties: The cities hsve Joined together for the purpose of sealcoating certain streets. Eac~ city shall coz~iete their respective road patching prior to sea!costArd. Columbia Heights shall provide all engineering services a.nd shall cause the constraction of Columbia Heights Project $8703 in conformance with said specifications. The letting of bids and the acceptance of all bid proposals shall be done by Columbia Meights, unless otherwise stipulated My joint resolution. The contract costs of the work shall constitute the ict~al 'construotlon costs" and shall be so referred to herein. 'Estimated costs' are good faith projections of the costa which will be incurre~ for this project. Frldley shall pay 1005 of eealcoating their ~spective areas, estimated to be a total of $11,29~.10. The square yardage (~ecommended type of aggregate) and estimated costs are shown bel~. a) a5th Avenue N.E.: 1,966 $.?. (FA-2) $0.55/$.T., $1,081.~0 b) University Avenue S~rvioe Road: 6,810 $.$. (FA-2) $0.55/S.~., $3,7~5.50 :) 5~rd Avenue E.E.: 9,2~9 S.~. (FA-3) $0.70/$.~., $6,#67.30 -2- Upon final acceptance an~ approval of sealcoating~ Frldley shall pay Columbia Beights the actual cost of sealooating according to contract notwithstanding the estimates herein. Frldley and Columbia Heights mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages ~esulting from the acts or o~issions of the respective officers, agents, or ezployees relating to activities conducte~ by either party under this Agreement. It is understood anf agree~ that the entire agreement of the parties is contained herein and that this Agreement supercedes all oral agreements and all negotiations between the par~les relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. APPROVED AS TO FOR~: City A~torney Attorney CITY O~ FRIDLEY · William J. Nee, B~ ~ Nawr~okl ,/~ayor Robert S. Bocwinski, City ~nager