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Home My WebLink AboutItem 06.iDate: 11 February 2011 Item No. Proposed Action Staff recommends adoption of the following motion: Move to enter into a Joint Powers Agreement (JPA) for street maintenance materials and services in 2011 with the cities of Apple Valley, Burnsville, Eagan, Elko New Market, Hastings, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia, 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 2011 budget, include seal coating, crack sealing, velocity patching, and pavement marking. Each of the cities involved in the JPA participates in drafting specifications for bids. 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, velocity patching, and pavement marking. Primary Issues to Consider Declining to enter into this JPA. There is the likelihood that known, reliable companies bidding on the JPA will not bid for or be available for work in Lakeville. The impact is in the potential for increased prices for materials and overall project completion. Supporting Information Copy of the JPA recitals is attached. risto J. Pe ree RECOMMENDATION TO ENTER INTO A JOINT POWERS AGREEMENT FOR STREET MAINTENANCE MATERIALS AND SERVICES IN 2011 Opera ions & Maintenance Director Financial Impact: $874,707 Budgeted: Yes Source: CIP and Signs & Markings Related Documents (CIP, ERP, etc.): 2011 -2015 CIP and 2009 Adopted Budget 1525.6280 Notes: JOINT POWERS AGREEMENT 2011 SOUTH METRO CITIES JOINT POWERS AGREEMENT FOR THE STREET MAINTENANCE SERVICES OF BITUMINOUS SEAL COATING, CRACK SEALING, PAVEMENT MARKINGS, SCREENING OF SALVAGED SEAL COAT AGGREGATE AND SPRAY PATCHING BURNSVILLE, APPLE VALLEY, EAGAN, ELKO NEW MARKET, HASTINGS, LAKEVILLE, MENDOTA HEIGHTS, PRIOR LAKE, ROSEMOUNT, SAVAGE , SHAKOPEE, SOUTH ST. PAUL, WACONIA AND WEST ST. PAUL AGREEMENT made this 22 °a day of February, 2011, by and between the cities of Burnsville, Apple Valley, Eagan, Elko New Market, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia, 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, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia 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 all bid documents and conduct bidding services pursuant to State Law for the work of bituminous seal coat, crack sealing, pavement markings, screening of salvaged seal coat aggregate and spray patching services. 2. Apple Valley, Eagan, Elko New Market, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia 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, Hastings, Lakeville, Mendota Heights, Prior Lake, Joint Powers Agreement 12 Rosemount, Savage, Shakopee, South St. Paul, Waconia and West St. Paul and upon their approval, award the contract pursuant to State Law. 4. Each city shall be responsible for: • Preparing maps showing the proposed locations for these services including estimating the quantities thereof. • 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 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, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia and West St. Paul; each of them, indemnify, save, and hold hannless 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, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia 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 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 December 31, 2011. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. CITY OF BURNSVILLE Joint Powers Agreement BY: _ Mayor Elizabeth B. Kautz DATE: BY: City Manager Craig L. Ebeling CITY OF APPLE VALLEY BY: _ Mayor Mary Hamann- Roland DATE: BY: City Clerk Pam Gackstetter CITY OF EAGAN BY: Mayor Mike Maguire BY: _ Deputy City Clerk DATE: Mira Broyles CITY OF ELKO NEW MARKET BY: Mayor Jason Ponsonby DATE: BY: _ City Administrator Thomas Terry 3 CITY OF HASTINGS BY: Mayor Paul Hicks BY: City Clerk Melanie Mesko Lee CITY OF LAKEVILLE BY: Mayor Mark Bellows BY: City Clerk Charlene Friedges CITY OF MENDOTA HEIGHTS BY: Mayor Sandra Krebsbach BY: Sandie Thone CITY OF PRIOR LAKE City Clerk BY: _ Mayor Mike Myser BY: City Manager Frank Boyles CITY OF ROSEMOUNT BY: Mayor John J. Schmitt BY: City Clerk Judy Cox BY: City Administrator Mark McNeill DATE: DATE: DATE: DATE: Joint Powers Agreement BY: Mayor William H. Droste DATE: BY: City Clerk Amy Domeier CITY OF SAVAGE BY: Mayor Janet Williams DATE: BY: City Administrator Barry Stock CITY OF SHAKOPEE DATE: 4 CITY OF SOUTH ST. PAUL Joint Powers Agreement 15 BY: Mayor Beth A. Baumann DATE: BY: Clerk Christy M. Wilcox 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: _ City Manager John W. Remkus