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Home My WebLink About6.g. Approve Joint Powers Agreement for 2009-2010 Traffic Markings, Cracksealing and SealcoatingAGENDA ITEM: Approve Joint Powers Agreement for 2009 -2010 Traffic Markings, Cracksealing and Sealcoating AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, PE, City Engineer AGENDA NO. LI ATTACHMENTS: Joint Powers Agreement APPROVED BY: 0 D RECOMMENDED ACTION: Motion to Approve the 2009 -2010 Joint Powers Agreement for Traffic Markings, Cracksealing and Sealcoating and Authorize the Necessary Signatures. 4 ROSEMOUNT City Council Meeting: January 20, 2009 BACKGROUND: CITY COUNCIL EXECUTIVE SUMMARY This item is for adopting the attached Joint Power Agreement QPA) for Traffic Markings, Cracksealing and Sealcoating for the year 2009 in cooperation with eleven other cities in Dakota and Scott counties. This program has been an asset to the City of Rosemount for over 10 years and will be again in 2009. By combining quantities with a large group of cities, the prices of these services are far below what we could get on our own. Proposed streets for cracksealing and sealcoating are identified in the 2009 Street Improvement Project Feasibility Report. Street markings and striping will be done as usual with the exception of the new and updated streets. The JPA has been reviewed by the City Attorney. SUMMARY: Staff recommends Council approval of the Joint Powers Agreement for Traffic Markings, Cracksealing and Sealcoating. G:\ Streets \JPASea1 -CrackCC1- 20- 09.doc JOINT POWERS AGREEMENT 2009 -2010 TRAFFIC MARKINGS, STREET SWEEPING CRACK SEALING, SCREENING SEAL COATING BURNSVILLE, APPLE VALLEY, EAGAN, LAKEVILLE, ROSEMOUNT, SAVAGE, PRIOR LAKE, SHAKOPEE, FARMINGTON, MENDOTA HEIGHTS, WEST ST. PAUL, AND SOUTH ST. PAUL AGREEMENT made this 20 °d day of January, 2009, by and between the cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South 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, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South 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, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South 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, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Fannington, Mendota Heights, West St. Paul, and South 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: 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 .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, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South 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, Lakeville, Rosemount, Savage, Prior Lake, Shakopee, Farmington, Mendota Heights, West St. Paul, and South 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 use 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, 2010. 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 BY: Clerk CITY OF EAGAN BY: Mayor BY: Clerk CITY OF LAKEVILLE BY: Mayor BY: Clerk DATE: DATE: DATE: Joint Powers Agreement Page 4 CITY OF ROSEMOUNT BY: Mayor BY: Clerk CITY OF SAVAGE BY: Mayor BY: Clerk CITY OF PRIOR LAKE BY: Mayor BY: Clerk CITY 01? SHAKOPEE BY: Mayor BY: Clerk CITY OF FARMINGTON BY: Mayor BY: Clerk CITY OF MENDOTA HEIGHTS BY: Mayor BY: Clerk CITY 01? WEST ST. PAUL BY: Mayor BY: Clerk CITY OF SOUTH ST. PAUL BY: Mayor BY: Clerk DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: