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HomeMy WebLinkAboutItem 06.eApril 15, 2014 Item No. JOINT POWERS AGREEMENT BETWEEN THE CITIES OF FARMINGTON AND LAKEVILLE FOR 2014 CRACK SEALING AND MAINTENANCE OF TRAILS Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Aoreement between the Cities of Farmington and Lakeville for 2014 crack sealing and maintenance of trails. Overview The Cities of Lakeville and Farmington along with a number of other south metro cities participated in the 2014 South Metro Joint Powers Agreement (JPA) for Roadway Maintenance Services. As part of this JPA, trail fog sealing is included in the maintenance services. The City of Lakeville will be fog sealing approximately 22 miles of trails and Farmington approximately 10 miles. The 2014 South Metro JPA currently does not have trail crack sealing as part of the services. At this time, the Cities of Lakeville and Farmington are proposing to create and execute the attached Joint Powers Agreement for the crack sealing of trails in each community to obtain cost competitive pricing. The City of Farmington will administer the project. Trail crack and fog sealing is proposed to occur later this summer. Primary Issues to Consider • The Joint Powers Agreement is an effective way of obtaining cost competitive pricing for crack sealing of trails in both communities. Supporting Information • Joint Powers Agreement Maintenance & Operations Mgr Financial Impact: Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: JOINT POWER AGREEMENT 2014 CRACK SEALING AND MAINTENANCE FOR TRAILS CITIES OF FARMINGTON AND LAKEVILLE AGREEMENT made this day of 2014, by and between the cities of Farmington and Lakeville. RECITALS A. Minn. Stat. § 471.59 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exercise any power common to the contracting parties or any similar power. B. The purposes of this Agreement is to provide crack sealing and related trail maintenance for designated trails cities of Farmington and Lakeville using one common contractor for such service for calendar year 2014. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Farmington shall prepare plans, specifications, bid and contract documents for the crack sealing and trail maintenance services (hereinafter referred to as "The Project"). 2. Lakeville shall provide Farmington the estimated location and lengths of trails in Lakeville to be included for The Project in calendar year 2014 and shall approve the bid and contract documents before Farmington advertises for bids. 3. Farmington will advertise forbids for the construction of The Project in accordance with Minnesota Law and will provide Lakeville with an analysis of the bids received. Farmington must obtain the approval of Lakeville before awarding a contract. If approval is received, Farmington may enter into a contract for The Project. The contractor shall be required to obtain insurance for The Project with both Cities listed as additional insured in an amount not less than $2,000,000 for commercial general liability. 4. Each city shall be responsible for: • Preparing maps showing the proposed locations for these services including estimating the quantities. • Preparing the trail segments 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. 149996v06 AMP:03/01/2010 5. The contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city, the city will remit the approved invoice amount directly to the contractor. 6. Any change orders or supplemental agreements that affect The Project cost payable by a party to this Agreement must be approved in writing by that party prior to execution of the work. 7. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the parties to this Agreement relevant to the Agreement are subject to examination by the other parties to this Agreement and the Legislative Auditor or the State Auditor as appropriate. The parties agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 8. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements among the parties regarding The Project whether written or oral. 9. It is agreed that each City will indemnify, save, and hold harmless the other City and all of its agents and employees from any and all claims, demands, actions, or causes of action, for whatever nature, arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this Agreement, and that each City further agree to defend, at their sole cost and expense, any actions or proceedings commenced against their respective cities for the purposes of asserting any claim of whatsoever character arising hereunder. The participating cities agree that liability under this Agreement is controlled by Minnesota Statutes 471.59, subdivision la and that the total liability for the participating cities shall not exceed the limits on governmental liability for a single use of government as specified in 466.04, subdivision 1. 149996v06 AMP:03/01/2010 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized officials. Dated: 2014. CITY OF FARMINGTON MM AND Todd Larson, Mayor David McKnight, City Administrator Dated: 2014. CITY OF LAKEVILLE UIA Matt Little, Mayor AND Charlene Friedges, City Clerk 14999606 3 AMP:03/01/2010