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Home My WebLink About2010-03-03 PACKET 04.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 03/03/201 PREPARED BY Engineering Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w COUNCIL ACTION REQUEST Approve the Street Sweeping and Striping Agreement between the City of Newport and the City of Cottage Grove. STAFF RECOMMENDATION Recommend the Council approve of the Street Sweeping and Striping Agreement between the City of Newport and the City of Cottage Grove. ADVISORY COMMISSION ACTION DENIED DATE REVIEWED ❑ PLANNING ❑ ❑ PUBLIC SAFETY ❑ ❑ PUBLIC WORKS ❑ ❑ PARKS AND RECREATION ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ SUPPORTING DOCUMENTS ❑ MEMO /LETTER: Jennifer Levitt, February 25, 2010. ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: Street Sweeping and Striping Agreement ADMINISTRATORS COMMENTS APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CW t` City Administrator Date w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER From: Jennifer M. Levitt, P.E., City Engineer Date: February 25, 2010 Re: Approve the Agreement for the City of Newport Street Sweeping and Striping Background /Discussion The City of Cottage Grove extended an invitation to the Cities of St. Paul Park and Newport to provide for joint purchasing for such things as seal coating, crack filling, street sweeping, and striping. The City of Newport was the only city that wished to participate in joint services. Newport desired to participate in street sweeping, street striping and pavement marking painting. The City of Cottage Grove's street department will provide for the pavement marking painting in Newport. The street sweeping and striping is a contracted service that Cottage Grove will be administrating and coordinating for Newport. The enclosed agreement has been reviewed by the City Attorney. •,IwMINT It is recommended to approve the Street Sweeping and Striping Agreement between the City of Newport and the City of Cottage Grove. STREET SWEEPING AND STRIPING AGREEMENT This Agreement is made this day of March, 2010, by and between the City of Newport hereinafter referred to as "Newport") and the City of Cottage Grove (hereinafter referred to as "Cottage Grove "). WHEREAS, it is the desire of the parties and the purpose of this Agreement that certain of such services be performed or contracted by Cottage Grove on behalf of Newport; NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth below, the above parties hereto agree as follows: 1. The term of this agreement shall be from April 1, 2010 through April 1, 2011, and shall automatically renew for an additional one year term on April 1, 2011 and on April 1, 2012, unless either party to the Agreement provides notice to the other party that they shall terminate the contract at the end of the current term, and further subject to termination as provided in paragraph 9. 2. For the term of this Agreement, Cottage Grove shall provide Newport with the following services, in and on behalf of Newport and at the direction of Newport's Public Works Director: a. Cottage Grove will engage a street sweeping contractor to perform street sweeping services for all streets in the City of Newport, in addition to the streets within Cottage Grove for which Cottage Grove is otherwise contracting. b. Cottage Grove will engage a contractor to perform street striping for 53,454 linear feet of streets in Newport, in addition to the streets within Cottage Grove for which Cottage Grove is otherwise contracting. Newport has provided Cottage Grove with a plan showing the striping to be performed. C. Cottage Grove will perform pavement marking painting on streets within Newport, such work to be conducted by Cottage Grove personnel. Newport has provided Cottage Grove with a plan showing the painting to be performed. Cottage Grove will provide the necessary traffic control to perform the painting operation. 3. Newport shall pay or provide the following for services related to street sweeping and striping: a. Newport will reimburse Cottage Grove for the actual costs charged to Cottage Grove by its contractor for performing street sweeping on Newport streets. The estimated number of hours for performing that work is 40 hours. Cottage Grove will require its contractor to separately account for hours spent sweeping Newport streets, and Cottage Grove will invoice Newport for the actual hours performed at the contracted hourly rate. The rate in 2010 is $71.35 per hour, for an estimated total of $2,854.00. Actual hours may vary from the estimate, and hourly rates under future contracts may vary from 2010 rates. At its sole cost and expense, Newport shall supply three trucks and drivers for disposal of sand, dirt and debris collected from the sweeping operation, and Newport shall also supply a disposal site. b. Newport will reimburse Cottage Grove for the actual costs charged to Cottage Grove by its contractor for performing street striping on Newport streets, based on 53,454 linear feet of streets in Newport. The contracted rate in 2010 is $0.048 per linear foot, for a total of $2,565.79. Rates under future contracts may vary. At its sole cost and expense, Newport will provide an inspector for the street striping operation. C. Newport agrees to pay Cottage Grove for pavement marking services, not to exceed a maximum total of $7,500. Cottage Grove will provide Newport with an itemized invoice detailing the actual hours of labor utilitized for the pavement marking painting. d. Newport will pay Cottage Grove an engineering and administration fee of 6% of all work performed as part of this agreement. e. Newport will pay all invoices within 30 days after the invoice date. 4. This agreement shall terminate as follows: a. Upon the expiration of 90 days after service of written notice upon the other party; or b. At any time, upon agreement of the parties; or C. In any event on April 1, 2012. 5. Cottage Grove shall require its contractor(s) to provide insurance as specified below, and Newport shall be named as an additional insured on such insurance: Comprehensive General Liability $1,000,000 per occurrence, $2,000,000 aggregate Auto Liability $1,200,000 per occurrenace Workers compensation Statutory amount 6. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further, that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either parry, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 7. To the extent that tort damages or other related costs or fees become payable against a third party as the result of this Agreement or the activities carried out hereunder, the parties to this 2 Agreement shall each pay an amount equal to their respective percentage of liability. Notwithstanding the foregoing, this Agreement is solely for the benefit of the parties hereto and no other person shall have any right, claim or interest in it. 8. Neither party shall be responsible for injuries or death of the other party's personnel. Each party will maintain workers' compensation coverage to the extent required by law on its personnel who perform work pursuant to this Agreement. Any employees assigned by either city to perform obligations under this Agreement shall remain the exclusive employee of the assigning city for all purposes, including but not limited to wages, salary, benefits and workers' compensation. 9. Cottage Grove and Newport agree to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. Cottage Grove has designated coordinators to facilitate compliance with the Americans With Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. For information contact the City Administrator, City of Cottage Grove, 7516 80 "' Street South, Cottage Grove, Minnesota 55016; telephone: 651- 458 -2800; TDD: 641 - 458 -2880. Newport agrees to hold harmless and indemnify Cottage Grove from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Newport. Cottage Grove agrees to hold harmless and indemnify Newport from costs, including but not limited to damages, attorney's fees and staff time, in any action or proceeding brought alleging a violation of ADA by Cottage Grove. 1.0. Both parties agree to comply with all applicable state, federal and local laws, odes and regulations. 11. This Agreement represents the entire Agreement between Cottage Grove and Newport and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, any amendments, addenda, alterations, or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. F7 IN WITNESS WHEREOF, the parties have set forth their hands on the day and year first written above. CITY OF COTTAGE GROVE By: Its Mayor Date By: Its City Administrator Date CITY OF NEWPORT By: Its Mayor Date By: Its City Administrator Date 4