HomeMy WebLinkAboutItem 06.fDate: 21 February 2012 Item No.
Proposed Action
Staff recommends adoption of the following motion: Move to approve a Joint Powers
Agreement (JPA) between Burnsville and other south metropolitan cities, to include
Lakeville, for street maintenance services.
Passage of this motion enables Lakeville to cost effectively participate in the contracting
and purchase of street maintenance services and materials.
Overview
Annually, the City of Burnsville takes the lead in preparing specifications and bids for
street maintenance projects including seal coating, crack sealing, velocity patching, and
pavement marking. Through the Joint Powers Agreement, multiple south metro cities
are able to take advantage of reduced administrative, engineering, and project costs in
completing these annual street maintenance activities. The agreement provides for a
single contracting process and one common contractor for each service.
Lakeville takes advantage of this JPA for its annual street maintenance projects to
obtain the best scheduling, with a responsible contractor, at the best price. Each of the
cities involved in the JPA participate in drafting specifications for materials and services.
Use of this JPA in past years has resulted in favorable bids since the cumulative sum of
each city's projects makes for a very large single project.
Staff recommends approval the JPA for street maintenance and services for seal
coating, crack sealing, velocity patching, and pavement marking.
Primary Issues to Consider
What are the options if the City does not enter into this JPA? The City will be
responsible for preparing specifications and bids for each of the projects. There is the
likelihood that known, reliable companies bidding on the JPA will not bid for or be
available for work in Lakeville.
Supporting Information
Copy of . - JPA r- als ' tached.
I st o . Petree
Public orks Director
Financial Impact: $485,855
Related Documents (CIP, ERP, etc.): 2012 -2016 CIP and 2012 Adopted Budget 1525.6280
Notes:
APPROVAL OF A JOINT POWERS AGREEMENT WITH SOUTH METRO CITIES
FOR STREET MAINTENANCE SERVICES
Budgeted: Yes Source: CIP and Signs & Markings
JOINT POWERS AGREEMENT
SOUTH METRO CITIES JOINT POWERS AGREEMENT FOR
STREET MAINTENANCE SERVICES
THIS JOINT POWERS AGREEMENT ( "Agreement) is made this 21s day of February.
2012, by and between the City of Burnsville, ( "Burnsville ") and other south metropolitan cities
choosing to participate in this Agreement ( "Participating City" or "Participating Cities ").
(Burnsville, Participating City or Participating Cities shall collectively be referred to as the
"Parties ").
RECITALS
This Agreement is made pursuant to the authority conferred upon the Parties pursuant to
Minnesota Statutes 471.59.
The purpose of this Agreement is to provide street maintenance services for the Parties
utilizing a singular contracting procedure and one common contractor for each service.
NOW, THEREFORE, the Parties agree as follows:
1. Subject to the other provisions of this Agreement, Burnsville for itself and on behalf of
the Participating Cities shall annually decide which services will be bid for the collective benefit of
all Parties, prepare all bidding documents and conduct bidding services pursuant to State law for the
work.
2. The Participating Cities shall annually provide to Burnsville the estimated quantities for
these services in each respective city, and shall also approve the bid documents.
3. Burnsville shall tabulate the bids upon their receipt and make a recommendation of
award to each Participating City and upon their approval, award the contract pursuant to State law
4. Each Participating City shall be responsible for:
• Preparing maps showing the proposed locations for these services including
estimating the quantities thereof.
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• Preparing the streets for the work to be done in accordance with the
specifications and coordinating with the contractor as to the timing of the actual
work.
• Inspecting the contractor's work, measuring the quantities of work performed,
approving and certifying the progress or final payments to the contractor.
• Pay a percentage of actual construction costs to Burnsville for legal and
administrative costs on a sliding scale basis as follows:
$0 - $50,000 — 1.5%
$50,000 - $100,000 - 1%
Over $100,000 - 0.5%
5. In accordance with the specifications, the contractor will submit an itemized invoice to
each Participating City separately for the work performed in each city. Upon approval of the
invoice by the respective city, that Participating City will remit the approved invoice amount
directly to the contractor.
6. It is agreed that each Participating City shall indemnify, save, and hold harmless
Burnsville, and each of the other Participating Cities, and all of their agents and employees from any
and all claims, demands, actions, or causes of action, for whatever nature, arising out of the
execution or performance of the work purchased for each respective city under this Agreement, and
that the Participating Cities further agree to defend, at their sole cost and expense, any actions or
proceedings commenced against their respective city for the purposes of asserting any claim of
whatsoever character arising hereunder. The Parties agree that liability under this Agreement is
controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the Parties
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shall not exceed the limits on governmental liability for a single unit of government as specified in
466.04, subdivision 1.(a).
7. This Agreement is to be executed between Burnsville and each of the Participating
Cities. It may be executed in counterparts. Future Participating Cities may be added by action of
their Council and execution of this Agreement. Upon addition of those Cities, a copy of the
signature page and an updated appendix will be provided by Burnsville to all Participating Cities.
Similar notification shall be provided for those that terminate their participation in this
Agreement. This Agreement shall continue in effect until terminated by the Parties or replaced.
Each Participating City may terminate this Agreement as to that Participating City by giving sixty
(60) days notice to Burnsville. Burnsville may terminate this Agreement by providing six months
notice to the Participating Cities.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
date indicated below.
CITY OF BURNSVILLE
BY: , Mayor
Elizabeth B. Kautz DATE:
BY: , City Manager
Craig L. Ebeling
CITY OF APPLE VALLEY
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Pam Gackstetter
BURNSVILLE
PARTICIPATING CITIES
BY: , Mayor
Mary Hamann -Roland DATE:
BY: , City Clerk
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CITY OF EAGAN
BY: , Mayor
Mike Maguire DATE:
BY: , City Clerk
Christina M. Scipioni
CITY OF ELKO NEW MARKET
BY: t Mayor
Jason Ponsonby
BY: 1 City Administrator
Thomas Terry
CITY OF FARMINGTON
BY: , Mayor
Todd Larson
BY: , City Administrator
David McKnight
CITY OF LAKEVILLE
BY: t Mayor
Mark Bellows DATE:
BY: , City Clerk
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Charlene Friedges
CITY OF MENDOTA HEIGHTS
BY: t Mayor
Sandra Krebsbach
BY: , City Clerk
Sandie Thone
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DATE:
DATE:
DATE:
CITY OF PRIOR LAKE
BY: , Mayor
Mike Myser DATE:
BY: , City Manager
Frank Boyles
CITY OF ROSEMOUNT
BY: , Mayor
William H. Droste DATE:
BY: , City Clerk
Amy Domeier
CITY OF SAVAGE
BY: , Mayor
Janet Williams DATE:
BY: , City Administrator
CITY OF SHAKOPEE
CITY OF SOUTH ST. PAUL
Barry Stock
BY: , Mayor
Brad Tabke
BY: , City Clerk
Judy Cox
BY: , City Administrator
Mark McNeill
BY: , Mayor
Beth A. Baumann DATE:
BY: , Clerk
Christy M. Wilcox
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DATE:
CITY OF WACONIA
BY: , Mayor
Jim Nash DATE:
BY: , City Administrator
Susan Arntz
CITY OF WEST ST. PAUL
BY: , Mayor
John A. Zanmiller DATE:
BY: , Acting City Manager /Asst. City Manager
Sherrie Le
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APPENDIX A
LIST OF PARTICIPATING CITIES
BURNSVILLE, APPLE VALLEY, EAGAN, ELKO NEW MARKET, FARMINGTON,
LAKEVILLE, MENDOTA HEIGHTS, PRIOR LAKE, ROSEMOUNT, SAVAGE,
SHAKOPEE, SOUTH ST. PAUL, WACONIA AND WEST ST. PAUL
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