HomeMy WebLinkAbout6.e. Approve South Metro Joint Powers Agreement for Street Maintenance Services 4 ROSEMOUNT EXECUTIVE SUMMARY'
CITY COUNCIL
City Council Meeting: February 21, 2012
AGENDA ITEM: Approve South Metro Joint Powers AGENDA SECTION:
Agreement for Street Maintenance Consent
Services
PREPARED BY: Andrew J. Brotzler, PE, City Engineer AGENDA NO. (0.0-
ATTACHMENTS: Joint Powers Agreement APPROVED BY:
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RECOMMENDED ACTION: Motion to Approve the`South Metro Joint Powers Agreement
for Street Maintenance Services and Authorize the Necessary Signatures.
BACKGROUND:
For the past several years the City has entered into a Joint Powers Agreement GPA) for Cracksealing and
Sealcoating: This program has been an asset to the City of Rosemount for many years by combining
quantities with a large group of cities, the prices of these services are far below what we could get on our
own and will be again in 2012.
There has been a slight modification to the agreement this year, not only within the title. The City of
Burnsville, which manages the JPA, has added a clause to make this an ongoing Agreement unless one of
the cities chooses to terminate by giving a 60 day notice. The City of Burnsville, as administrator, can
terminate by giving a six month notice to participating cities. With this in -place there won't be a need to
renew this annually.
Staff is currently working on what streets will be cracksealed and sealcoated for the upcoming season.
SUMMARY:
Staff recommends approval of this motion.
G: \Streets \20120221 CC JPASea1- Crack.doc
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JOINT POWERS AGREEMENT
SOUTH METRO CITIES JOINT POWERS AGREEMENT FOR
STREET MAINTENANCE SERVICES
THIS JOINT POWERS AGREEMENT ( "Agreement) is made this 21 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, demand's, 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 Participatingtities 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 liabilityfor 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.
BURNSVILLE
CITY OF BURNSVILLE
BY: ' , Mayor
"Elizabeth B. Kautz DATE:
BY: , City Manager
Craig L. Ebeling,
+PARTICIPATING CITIES
CITY OF APPLE VALLEY
BY: , Mayor
Mary Hamann - Roland DATE:
BY: . °4, City Clerk
Pam Gackstetter
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CITY OF EAGAN
BY: , Mayor
Mike Maguire DATE:
BY: , City Clerk
Christina M. Scipioni
CITY OF ELKO NEW MARKET
BY: , Mayor
Jason Ponsonby DATE:
BY: , City Administrator
Thomas Terry
CITY OF FARMINGTON
BY: , Mayor
Todd Larson R DATE:
BY: , City Administrator
David McKnight
CITY OF LAKEVILLE
BY: , Mayor
Mark Bellows DATE:
BY: , City Clerk
Charlene Friedges
CITY OF MENDOTA HEIGHTS
BY: , Mayor
Sandra Krebsbach DATE:
BY: ,City Clerk
* Sandie Thone
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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
Barry Stock
CITY OF SHAKOPEE
BY: , Mayor
Brad Tabke DATE:
BY: City Clerk
Judy' Cox
BY:. , City Adminikrator
Mark McNeill
CITY OF SOUTH ST. PAUL
BY: , Mayor
Beth A. Baumann 'DATE:
BY: , Clerk
Christy M. Wilcox
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CITY OF WACONIA
BY: Mayor
Jim Nash DATE:
BY: City Administrator
Susan Arntz
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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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