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Home My WebLink About5.A.2. 2011 Joint Powers Agreement for Traffic Markings, Crack Sealing, and Seal CoatingDATE: February 15, 2011 CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Mike Hullander, Public Works Superintendent SUBJECT: Joint Powers Agreement for 2011 Street Maintenance Work INTRODUCTION: Attached is a Joint Powers Agreement (JPA) for 2011 Traffic Markings, Crack Sealing and Seal Coating work between Burnsville, Apple Valley, Eagan, Elko New Market, Hastings, Lakeville, Mendota Heights, Rosemount, Savage, Prior Lake, Waconia, West St. Paul, South St. Paul, and Shakopee for Council consideration. BACKGROUND: The City of Burnsville and other communities have been participating in the above referenced JPA in the past years. The purpose of the agreement is to provide street maintenance materials and service utilizing one common contractor for each service. This arrangement has streamlined the process of contracting for these services and resulted in a lower cost by utilizing the purchasing power of several Communities combined needs. The City of Shakopee has entered into this JPA since 1996. In this JPA, the City of Burnsville will coordinate the bid documents by preparing the plans, specifications, bid proposals and advertise for bids for street maintenance services, such as street traffic markings, crack sealing and seal coating. The City of Burnsville charges a .5% to 1.5% fee for administering the JPA, depending on the amount of work. The City of Shakopee, for 2011, would be interested in street seal coating, street crack sealing and traffic markings. For this amount of work, the administration fee would be .5% of the cost. The 2011 budget has included the following work in the Street Division: • Bituminous Seal Coating $391,700.00 • Bituminous Pavement Crack Sealing $30,000.00 • Street Traffic Markings $30,000.00 Staff is proposing to enter into the JPA to complete the above referenced street maintenance work for 2011. s6,z, Another advantage of the JPA is that due to the volume of work, the work for each service can be scheduled for the appropriate time. For instance, striping work will be done in early summer in the month of June, as well as the bituminous seal coating and crack sealing work. In the specifications, the City of Shakopee does retain the right to reject participation in the JPA, depending on unit bid price. In reviewing this JPA, staff believes the contract administration fee of .5% is reasonable and the volume of work will provide for lower bid prices. City staff has reviewed the JPA and feels that the specifications allow each City to decrease or increase the quantity of work, even to the point of opting out completely, so that the risk to the City of Shakopee is very minimal and there can be cost savings that can be realized by bidding with other Cities. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the JPA for 2011 Traffic Markings, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley, Eagan, Elko New Market, Hastings, Lakeville, Mendota Heights, Rosemount, Savage, Prior Lake, Waconia, West St. Paul, South St. Paul, and Shakopee. 2. Do not authorize the JPA. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to execute the Joint Powers Agreement for 2011 Traffic Markings, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley, Eagan, Elko New Market, Hastings, Lakeville, Mendota Heights, Rosemount, Savage, Prior Lake, Waconia, West St. Paul, South St. Paul and Shakopee. -fruiJ 14,3u.,J)„ Mike Hullander Public Works Superintendent 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 Bumsville, Apple Valley, Eagan, Elko New Market, Hastings, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, South St. Paul, Waconia, and West St. Paul. 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, RECITALS 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 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 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 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date indicated below. 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 la 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. 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 DA'Z'E: BY: City Clerk Melanie Mesko Lee CITY OF LAKEVILLE BY: Mayor Mark Bellows DA'Z'E: 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 Joint Powers Agreement 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 Amtz CITY OF WEST ST. PAUL BY: Mayor John A. Zanmiller DATE: BY: City Manager John W. Remkus 5