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HomeMy WebLinkAbout6.e. Approve Joint Powers Agreement for 2014 Cracksealing and Sealcoating 4ROSEM O EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: February 18, 2014 AGENDA ITEM: Approve Joint Power Agreement for AGENDA SECTION: 2014 Cracksealing and Sealcoating Consent PREPARED BY: Andrew J. Brotzler, PE, Director of ► AGENDA NO. Public Works/City Engineer ATTACHMENTS: Joint Power Agreement APPROVED BY: of RECOMMENDED ACTION: Motion to Approve the 2014 Joint Power Agreement for Cracksealing and Sealcoating and Authorize the Necessary Signatures BACKGROUND: This item is for adopting the attached Joint Agreement for Cracksealing and Sealcoating for the year 2014. This program has been an asset to the City of Rosemount for many years and will be again in 2014. By combining quantities a large group of cities and counties, the prices of these services are far below what we could except receiving bids on our own. Staff is currently working on this year's projects sites for the upcoming season. SUMMARY: Staff recommends approval of this motion. G:\Streets\20140218 CC Approve JPA Cracksealing Sealcoating.docx JOINT POWERS AGREEMENT SOUTH METRO JOINT POWERS AGREEMENT FOR ROADWAY MAINTENANCE SERVICES THIS JOINT POWERS AGREEMENT("Agreement")is made this 18th 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. 162318v05 1 JJR:02/05/2014 • 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 162318v05 2 JJR:02/05/2014 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 Aof g trhee e msi e�nta tuTrhie s a A gre and aen nt u sp hdaall t ecd o na tpinp uee n din ix e fwfeilcl t bue nt irl otevrmiidend ab te d B buy rn th e v iPlrttio e s a oll r P repart li a c i e da.tin g LGUs. Similar notification shall be provided for those that terminate their participation in this 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 CITY OF BURNSVILLE BY: ,Mayor Elizabeth B. Kautz DATE: BY: ,City Manager Heather A. Johnston 162318v05 3 JJR:02/05/2014 PARTICIPATING LGUs CITY OF APPLE VALLEY BY: ,Mayor Mary Hamann-Roland DATE: BY: , City Clerk Pam Gackstetter CITY OF EAGAN BY: ,Mayor Mike Maguire DATE: BY: ,City Clerk Christina M. Scipioni CITY OF ELKO NEW MARKET BY: ,Mayor Tony Gabriel DATE: BY: ,City Administrator Thomas Terry CITY OF FARMINGTON BY: ,Mayor Todd Larson DATE: BY: ,City Administrator David McKnight CITY OF HASTINGS BY: ,Mayor Paul Hicks DATE: BY: ,City Clerk Julie Flaten 162318v05 4 JJR:02/05/2014 CITY OF LAKEVILLE BY: ,Mayor Matt Little DATE: BY: City Clerk Charlene Friedges CITY OF MENDOTA HEIGHTS BY: ,Mayor Sandra Krebsbach DATE: BY: ,City Clerk Lorri Smith CITY OF PRIOR LAKE BY: ,Mayor Kenneth Hedberg 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 162318v05 5 JJR:02/05/2014 COUNTY OF SCOTT BY: ,Board Chair Thomas J.Wolf DATE: BY: ,County Administrator Gary L. Shelton CITY OF SHAKOPEE BY: ,Mayor Brad Tabke DATE: BY: ,City Clerk Julie Linnihan BY: ,City Administrator Mark McNeill CITY OF SOUTH ST.PAUL 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 Matt Fulton 162318v05 6 JJR:02/05/2014 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 162318v05 7 JJR:02/05/2014