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Home My WebLink About6.g. Approval of Joint Powers Agreement for 2011 Cracksealing and SealcoatingAGENDA ITEM: Approve Joint Powers Agreement for 2011 Cracksealing and Sealcoating AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, PE, City Engineer AGENDA NO. (.g. ATTACHMENTS: Joint Powers Agreement APPROVED BY: 00.2 RECOMMENDED ACTION: Motion to Approve the 2011 Joint Powers Agreement for Cracksealing and Sealcoating and Authorize the Necessary Signatures. 4 ROSEMOUNT BACKGROUND: CITY COUNCIL City Council Meeting: March 1, 2011 EXECUTIVE SUMMARY This item is for adopting the attached Joint Power Agreement for Cracksealing and Sealcoating for the year 2011. This program has been an asset to the City of Rosemount for many years and will be again in 2011. By combining quantities with a large group of cities, the prices of these services are far below what we could get on our own. 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 \20110301 CC JPASeaI- Crack.doc 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 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 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 fmal 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 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, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, 2 Joint Powers Agreement 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 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 DATE: BY: Deputy City Clerk Mira Broyles CITY OF ELKO NEW MARKET BY: Mayor Jason Ponsonby DATE: BY: City Administrator Thomas Terry 3 CITY OF HASTINGS Joint Powers Agreement BY: Mayor Paul Hicks DATE: BY: City Clerk Melanie Mesko Lee 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 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 John J. Schmitt DATE: BY: City Clerk Judy Cox BY: City Administrator Mark McNeill 4 CITY OF SOUTH ST. PAUL BY: Mayor Beth A. Baumann BY: Clerk Christy M. Wilcox CITY OF WACONIA BY: Mayor Jim Nash BY: City Administrator Susan Arntz CITY OF WEST ST. PAUL DATE: Joint Powers Agreement DATE: BY: Mayor John A. Zanmiller DATE: BY: City Manager John W. Remkus 5