HomeMy WebLinkAboutItem 06.fDate: 4 February 2014
Item No.
APPROVAL OF A JOINT POWERS AGREEMENT WITH SOUTH METRO CITIES FOR
STREET MAINTENANCE SERVICES
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 the JPA recital tached.
Christo J. Petree
Public Works Director
Financial Impact: $474,193 Budgeted: Yes Source: CIP and Signs & Markings
Related Documents (CIP, ERP, etc.): 2014 -2018 CIP and 2014 Adopted Budget 1525.6280
Notes:
JOINT POWERS AGREEMENT
SOUTH METRO JOINT POWERS AGREEMENT FOR
ROADWAY MAINTENANCE SERVICES
THIS JOINT POWERS AGREEMENT ( "Agreement ") is made this 18 day of February,
2014, by and between the City of Burnsville, ( "Burnsville ") and other south metropolitan Local
Government Units choosing to participate in this Agreement ( "Participating Local Government Unit
(LGU)" or "Participating Local Government Units (LGUs) "). Burnsville, Participating LGU or
Participating LGUs 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 roadway 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 LGUs 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 LGUs shall annually provide to Burnsville the estimated quantities for
these services in each respective LGU, 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 LGU and upon their approval, award the contract pursuant to State law.
4. Each Participating LGU shall be responsible for:
• Preparing maps showing the proposed locations for these services including
estimating the quantities thereof.
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• Preparing the roadways 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 LGU separately for the work performed within their jurisdiction. Upon approval
of the invoice by the respective LGU, that Participating LGU will remit the approved invoice
amount directly to the contractor.
6. It is agreed that each Participating LGU shall indemnify, save, and hold harmless
Burnsville, and each of the other Participating LGUs, 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 LGU under this Agreement,
and that the Participating LGUs further agree to defend, at their sole cost and expense, any actions
or proceedings commenced against their respective LGU 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
LGUs. It may be executed in counterparts. Future Participating LGUs may be added by action of
their Council or Board and execution of this Agreement. Upon addition of those LGUs, a copy
of the signature page and an updated appendix will be provided by Burnsville to all Participating
LGUs. 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 LGU may terminate this Agreement as to that Participating LGU by giving sixty
(60) days notice to Burnsville. Burnsville may terminate this Agreement by providing six months
notice to the Participating LGUs.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the
date indicated below.
BURNSVILLE
CITE' OF BURNSVILLE
r."
Elizabeth B. Kautz
Mayor
DATE:
mm
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Heather A. Johnston
City Manager
3
PARTICIPATING LGUs
CITY OF APPLE VALLEY
BY: , Mayor
Mary Hamann- Roland
BY: , City Clerk
Pam Gackstetter
CITY OF EAGAN
BY: , Mayor
Mike Maguire
BY: , City Clerk
Christina M. Scipioni
CITY OF ELKO NEW MARKET
BY: Mayor
Tony Gabriel
BY: , City Administrator
Thomas Terry
CITY OF FARMINGTON
DATE:
DATE:
DATE:
BY: , Mayor
Todd Larson DATE:
BY: , City Administrator
David McKnight
CITY OF HASTINGS
BY: , Mayor
Paul Hicks DATE:
BY: 4 City Clerk
Julie Flaten
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CITY OF LAKEVILLE
BY:
Matt Little
BY:
Charlene Friedges
CITY OF MENDOTA HEIGHTS
BY:
Sandra Krebsbach
BY:
Lorri Smith
CITY OF PRIOR LAKE
BY:
Kenneth Hedberg
BY:
Frank Boyles
CITY OF ROSEMOUNT
BY:
William H. Droste
BY:
Amy Domeier
CITY OF SAVAGE
BY:
Janet Williams
BY:
Barry Stock
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Mayor
City Clerk
Mayor
City Clerk
Mayor
City Manager
Mayor
City Clerk
DATE:
DATE:
DATE:
DATE:
Mayor
DATE:
City Administrator
5
COUNTY OF SCOTT
BY:
Thomas J. Wolf
BY:
Gary L. Shelton
CITY OF SHAKOPEE
Board Chair
DATE:
County Administrator
BY: , Mayor
Brad Tabke
BY: . City Clerk
Julie Linnihan
BY: City Administrator
Mark McNeill
CITY OF SOUTH ST. PAUL
BY: Mayor
Beth A. Baumann
BY: Clerk
Christy M. Wilcox
CITY OF WACONIA
BY: , Mayor
Jim Nash
BY: . City Administrator
Susan Arntz
CITY OF WEST ST. PAUL
BY: , Mayor
John A. Zanmiller
BY: , City Manager
Matt Fulton
DATE:
DATE:
DATE:
DATE:
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APPENDIX A
LIST OF PARTICIPATING LGUs
CITY of BURNSVILLE, CITY of APPLE VALLEY, CITY of EAGAN, CITY of ELKO
NEW MARKET, CITY of FARMINGTON, CITY of HASTINGS, CITY of LAKEVILLE,
CITY of MENDOTA HEIGHTS, CITY of PRIOR LAKE, CITY of ROSEMOUNT, CITY of
SAVAGE, COUNTY of SCOTT, CITY of SHAKOPEE, CITY of SOUTH ST. PAUL, CITY
of WACONIA AND CITY of WEST ST. PAUL
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