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HomeMy WebLinkAboutItem 06.oDate: 12 January2010 Lakey�((e r Item No. RECOMMENDATION TO ENTER INTO A JOINT POWERS AGREEMENT FOR STREET MAINTENANCE SERVICES AND MATERIALS IN 2010 Proposed Action Staff recommends adoption of the following motion: Move to enter into a Joint Powers Agreement (JPA) for street maintenance materials in 2010 with the cities of Apple Valley, Burnsville, Eagan, Elko New Market, Farmington, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, and West St. Paul. Passage of this motion results in reduced administrative, engineering, and project costs associated with the completion of street maintenance projects. Overview Annually, the City of Burnsville prepares a Joint Powers Agreement (JPA) for street maintenance materials and services. 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. These projects, identified in both the CIP and the adopted 2010 budget, include seal coating, crack sealing, and pavement marking. Each of the cities involved in the JPA participates in drafting specifications for bidding. 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 the City Council enter into the JPA for street maintenance materials and services for seal coating, crack sealing, and pavement marking. Primary Issues to Consider None. Supporting Information Copy of the JPA and recitals are attached. Christop er . e ree Operations & Maintenance Director Financial Impact: $759,629 Budgeted: Yes Source: CIP and Signs & Markings Related Documents (CIP, ERP, etc.): 2009-2013 CIP and 2009 Adopted Budget 1525.6280 Notes: JOINT POWERS AGREEMENT 2010-2011 TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING & SEAL COATING BURNSVILLE, APPLE VALLEY, EAGAN, ELKO NEW MARKET, FARMINGTON, LAKEVILLE, PRIOR LAKE, ROSEMOUNT, SAVAGE, SHAKOPEE, SOUTH ST. PAUL, AND WEST ST. PAUL AGREEMENT made this 2"d day of February, 2010, by and between the cities of Burnsville, Apple Valley, Eagan, Elko New Market, Farmington, Lakeville, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, and West St. Paul. 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 materials and service for the cities of Burnsville, Apple Valley, Eagan, Elko New Market, Farmington, Lakeville, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, and West St. Paul utilizing one common contractor for each service. NOW, THEREFORE, the parties agree as follows: 1. Subject to the other provisions of this agreement, Burnsville shall prepare any plans, specifications, bid proposals and advertise for bids for the placement of street traffic markings, street sweeping, cracksealing, screening and sealcoating services. 2. Apple Valley, Eagan, Elko New Market, Farmington, Lakeville, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, and West St. Paul shall 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 Apple Valley, Eagan, Elko New Market, Farmington, Lakeville, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, and West St. Paul and upon their approval, award the contract pursuant to State Law. Joint Powers Agreement Page 2 4. Each city shall be responsible for: 0 Preparing maps showing the proposed locations for these services including estimating the quantities. • Preparing the streets for markings 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 cost to City of Burnsville for legal and administrative cost 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 city separately for the work performed in each city. Upon approval of the invoice by the respective city, that city will remit the approved invoice amount directly to the contractor. 6. It is agreed that the cities of Apple Valley, Eagan, Elko New Market, Farmington, Lakeville, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, and West St. Paul each of them, indemnify, save, and hold harmless the City of Burnsville 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 the cities of Apple Valley, Eagan, Elko New Market, Farmington, Lakeville, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, and West St. Paul 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 Joint Powers Agreement Page 3 character arising hereunder. The participating cities agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the participating cities shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1. 7. This agreement can be terminated on the part of any individual city by giving sixty (60) days notice to the other cities; otherwise the agreement will automatically terminate on March 15, 2011. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. CITY OF BURNSVILLE BY: Elizabeth B. Kautz BY: Craig L. Ebeling CITY OF APPLE VALLEY Mayor City Manager BY: Mayor Mary Hamann -Roland BY: Clerk Pam Gackstetter CITY OF EAGAN BY: Mayor Mike Maguire BY: Clerk Maria Petersen CITY OF ELKO NEW MARKET BY: Mayor Jason Ponsonby BY: Clerk Patricia Nutt DATE: DATE: DATE: DATE: Joint Powers Agreement Page 4 CITY OF FARMINGTON BY: Mayor Todd Larson BY: City Administrator Peter Herlofsky CITY OF LAKEVILLE BY: Mayor Holly Dahl BY: Clerk Charlene Friedges CITY OF PRIOR LAKE City Administrator BY: Mayor Mike Myser BY: City Manager Frank Boyles CITY OF ROSEMOUNT Clerk BY: Mayor William H. Droste City Administrator BY: Clerk Amy Domeier CITY OF SAVAGE BY: Mayor Janet Williams BY: City Administrator Barry Stock CITY OF SHAKOPEE BY: Mayor John J. Schmitt BY: Clerk Judy Cox BY: City Administrator Mark McNeill DATE: DATE: DATE: DATE: DATE: DATE: h 4 1 Joint Powers Agreement Page 5 CITY OF SOUTH ST. PAUL BY: Beth A. Baumann BY: Christy M. Wilcox CITY OF WEST ST. PAUL BY: John A. Zanmiller BY: John W. Remkus Mayor Clerk Mayor City Manager DATE: DATE: