HomeMy WebLinkAboutContract 1828
JOINT POWERS AGREEMENT
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, Columbia Heights and Fridley (hereinafter individually the
"City" and collectively the "Cities").
WHEREAS, the Cities have a conmlon need to maintain their streets;
WHEREAS, the Cities have recognized that there is a financial benefit that will be
realized should they combine together for bidding purposes in search of one COlllillon contractor;
WHEREAS, Minn. Stat. S 471.59 provides for the joint exercise of common or similar
powers by govemmental units and also provides that anyone govemrnental unit may perfonTI on
behalf of another govemmental unit any service or function which that unit would be authorized
to perfonll for itself;
NOW, THEREFORE, by viliue ofthe powers granted by law and in consideration of the
mutual covenants and agreements ofthe parties hereto, it is agreed as follows:
1. Purpose. The Cities agree that they have joined together for the purpose of obtaining
a common contractor for certain street maintenance activities and with the expectation that the
cost to each individual city would be less as a result ofthis Agreement.
2. Method. Subject to the provisions ofthis Agreement, Coon Rapids shall prepare any
plans, specifications, bid proposals and adveliise for bids for the placement of street traffic
markings, street sweeping, crack sealing, screening and seal coating services. Shortly after the
execution of tins Agreement, Coon Rapids will provide each City with a bid fonTI for the vm10us
street maintenance services. Within twenty (20) days after receipt ofthe bid fonTI, each City
shall provide to Coon Rapids their estimated quantities for the various street maintenance
services anticipated dUling the summer constmction 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 paliicipating City,
Coon Rapids shall prepal"e final plans and specifications and advertise for bids in accordance
with state law. Coon Rapids shall tabulate the bids upon their receipt and malce 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 aWal"d. 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 purSUallt to state law.
4. Opting Ont. The parties hereto recognize that municipal funding sources and
spending priorities may change throughout the bidding alld 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, Minnesota 55433.
5. Responsibilities. Each City shall be responsible for:
· Prepal"ing maps showing the proposed locations for these services located within
their City including estimating the quantities.
· Prepaling the streets for markings in accordance with the specifications and
coordinating with the contractors as to the timing of the actual work.
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Inspecting the contractors' work, measuring the quantities of work performed,
approving and celiifying 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 perfonned in that City. Each City shall pay
invoiced amounts directly to the contractors and shall hold hanllless Coon Rapids from any
amounts owed.
7. Indemnification. The pmiies mutually agree to indemnify mld hold each other
hmmless from all claims, demmlds, mld causes of action of mlY kind of character, including the
cost of defense thereof, resulting from the acts or omissions oftheir respective councihnembers,
officers, officials, agents and employees relating to activities conducted under this Agreement.
8. Termination. Any party hereto may tenninate its participation in this Agreement
by adopting a resolution to that effect prior to February 1st of mlY yem" and transmitting a copy of
that resolution to each of the remaining cities. In lieu oftelmination, a city may choose not to
pmiicipate in all or a portion of the progrmn in any year by not responding to any ofthe deadlines
set f01ih in this Agreement or by opting out as provided in Section 4 herein.
9. Strict Accountability. A st11ct accounting shall be made of all funds, and rep01is
of all receipts and disbursements shall be made upon request by any party hereto.
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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. 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 lwreto. 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
counter paIis, each of which shall be an original and all of which shall constitute but one and the
SaIne instrument. This Agreement shall be construed in accordance with the laws ofthe State of
Minnesota.
12. No Joint Venture. This Agreement is entered into for the purpose of joint
solicitation of bids and not for a joint undertaking of street maintenance projects. Street projects
are not joint ventures ofthe parties and no City is liable or responsible for any claims for
damages arising out of aI1Y such projects in another City.
[Signatures on following page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
duly authorized officers of their respective governing bodies as ofthe IbT day of February,
2005.
CITY OF COON RAPIDS
By:
CITY OF BROOKLYN CENTER
By:
By:
CITY OF FRIDLEY
By:
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Mayor 1/1''/
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By: -?/l..'{,..~L ~~,..t.-~ /, "./ c..v L.t..,;/.-
City Manager
CITY OF ANDOVER
By: 2::1 R e::::J~
ayor
By: ~ {),,/b
City Clerk
CITY OF COLUMBI~lfiG~TS
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Mayor /
By:
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City Man~g~r '
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