VI.5. Approve Joint Powers Agreement and Accept Bid – 2015 Mill and Overlay Project, City Project 2015-09; Stadler (CR2015-076)
July 7, 2015 Council Report 2015-076
APPROVE JOINT POWERS AGREEMENT AND ACCEPT BID
2015 MILL AND OVERLAY PROJECT
CITY PROJECT 2015-09
Proposed Action
Staff recommends the following motion: adopt Resolution 2015-051 approving Joint Powers Agreement with the
City of Minnetonka; and Resolution 2015-052 accepting bid, 2015 Mill and Overlay Project, City Project 2015-
09.
Overview
The City of Hopkins has partnered with the City of Minnetonka to rehabilitate Oakridge Road from State
Trunk Highway 7 (TH 7) to Minnetonka Boulevard. City staffs worked together to develop plans to mill and
overlay the roadway and complete other miscellaneous repairs. A Joint Powers Agreement has been prepared
to define construction management and payment responsibilities for the project. The City Attorney and City
Engineer have reviewed this agreement and find it acceptable.
The bid opening for the project was held June 9, 2015. The Hopkins portion of the low bid is $125,708.40,
which is $49,291.60 less than the amount budgeted in the Capital Improvement Plan. The low bidder is
Bituminous Roadways, Inc. from Mendota Heights, MN. This contractor has a good reputation with
previous similar projects in the metro area and also recently completed paving work for the 2015 Mainstreet
Improvements and Municipal Parking Lot Improvements. Staff is recommending acceptance of the bid.
Primary Issues to Consider
Bid results and analysis
Project costs
Project schedule
Supporting Information
Joint Powers Agreement Resolutions 2015-051, 2015-052
Tabulation of low bid
_________________________________
Nate Stanley, P.E., City Engineer
Financial Impact: $131,993 Budgeted: Y/N _Yes___ Source: _ PIR _Related Documents (CIP,
ERP, etc.): CIP ____
Notes: _________________________________________
Council Report 2015-076
Page 2
ANALYSIS OF ISSUES
Bid results and analysis:
•
The City of Minnetonka administered the bidding process and received seven (7) bids for this work. Per the
Joint Powers Agreement, Minnetonka will award the contract pending Hopkins approval and manage the
construction. Hopkins will reimburse Minnetonka for construction costs at the close of the project.
All bids were submitted with required bid security made by qualified contractors. Bituminous Roadways, Inc.
is a reputable contractor who has completed similar projects in the metro area.
Project costs:
•
Based on the low bid, contingency, and indirect costs the total estimated project cost is $131,993. There are
no assessments for any of this construction; all costs will be covered by PIR funding.
The following is a breakdown summary of funding for the project:
Proposed Funding Expense
2015 Oakridge Road Rehabilitation $125,708
Contingency and Indirect Costs (5%) 6,285
PI-PIR/General Obligation Bonds $131,993
Total $131,993 $131,993
Project Schedule:
•
Approve JPA and Accept Bids - Hopkins July 7, 2015
Award Contract - Minnetonka July 13, 2015
Begin Construction July 2015
Construction Complete August 2015
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF MINNEONKA AND THE
CITY OF HOPKINS
2015 MILL AND OVERLAY PROJECT
THIS AGREEMENT
CITY OF HOPKINS,
is entered into between the a
CITY OF
Minnesota municipal corporation (hereinafter referred to as "Hopkins") and the
MINNETONKA,
a Minnesota municipal corporation (hereinafter referred to as
"Minnetonka"), with the parties collectively hereinafter referred to as the "Cities”.
WHEREAS,
the Cities desire to implement the design and construction of the 2015
Mill and Overlay Project in the cities (the “Project”); and
WHEREAS,
Minn. Stat. § 471.59 authorizes two or more governmental units to
enter into agreements to jointly or cooperatively exercise any power common to the
contracting parties or any similar power; and
WHEREAS
, Minnetonka has prepared plans and specifications dated June 1, 2015.
NOW, THEREFORE,
in consideration of their mutual covenants the parties
agree as follows:
1. PLANS AND SPECIFICATIONS.
Minnetonka will prepare plans and
specifications for the Project consistent with Hopkins and Minnetonka design standards
for those parts of the Project located within their respective corporate boundaries.
2. BIDDING.
Minnetonka will advertise for bids for the construction of the
Project in accordance with Minnesota Law and will provide Hopkins with an analysis of
the bids received. Minnetonka must obtain Hopkins’s concurrence with the award of the
bid to a contractor. Minnetonka shall not enter into the contract with the approved bidder
or proceed with the Project until Hopkins’ approval and concurrence with the award of
the bid and contract has been established by resolution approved by the Hopkins City
Council.
3. CONTRACT AWARD.
Minnetonka shall prepare contract documents
and enter into a contract with the approved bidder.
4. COST ALLOCATION
. Relevant project costs shall be paid 100% by each
party for the portion of the project located within its corporate boundaries. Project costs
are: engineering, inspection, testing, construction costs and other costs payable under the
contract entered into by Minnetonka with the approved bidder.
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5. OWNERSHIP.
Each party shall own the portion of the Project located
within its corporate boundaries.
6. PAYMENT.
Minnetonka will act as the paying agent for all payments to
the Contractor. Payments will be made as the Project work progresses and when certified
by the Minnetonka Engineer. Minnetonka, in turn, will bill Hopkins for its share of the
project costs. Upon presentation of such an itemized bill, Hopkins shall reimburse
Minnetonka for its share of the costs incurred in accordance with this agreement within
30 days from the presentation of the claim. If any portion of an itemized bill is questioned
by Hopkins, the remainder of the claim shall be promptly paid, and accompanied by a
written explanation of the amounts in question. Payment of any amounts in dispute will
be made following good faith negotiation and documentation of actual costs incurred in
carrying out the work.
7. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS.
Any
change orders or supplemental agreements that affect the project cost payable by Hopkins
and any changes to the plans must be approved by Hopkins prior to execution of work.
8. RULES AND REGULATIONS.
Minnetonka shall abide by Minnesota
Department of Transportation standard specifications, rules and contract administration
procedures.
9. INDEMNIFICATION.
Minnetonka agrees to defend, indemnify, and
hold harmless Hopkins against any and all claims, liability, loss, damage, or expense
arising under the provisions of this Agreement and caused by or resulting from negligent
acts or omissions of Minnetonka and/or those of Minnetonka employees or agents.
Hopkins agrees to defend, indemnify, and hold harmless Minnetonka against any and all
claims, liability, loss, damage, or expense arising under the provisions of this Agreement
for which Hopkins is responsible, including future operation and maintenance of facilities
owned by Hopkins and caused by or resulting from negligent acts or omissions of
Hopkins and/or those of Hopkins employees or agents. A party’s agreement and
obligation to defend, indemnify and hold the other party harmless shall not apply to any
claims, liability, loss, damage or expense resulting from the acts or omissions of the
contractor that is awarded the contract for the Project or any of the contractor’s
employees, subcontractors, independent contractors or agents. Under no circumstances,
however, shall a party be required to pay on behalf of itself and the other party any
amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466
applicable to any one party. The limits of liability for both parties may not be added
together to determine the maximum amount of liability for either party. The intent of this
paragraph is to impose on each party a limited duty to defend and indemnify each other
subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of
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creating this duty to defend and indemnify is to simplify the defense of claims by
eliminating conflicts among the parties and to permit liability claims against both parties
from a single occurrence to be defended by a single attorney.
10. WAIVER.
Any and all persons engaged in the work to be performed by
Minnetonka shall not be considered employees of Hopkins for any purpose, including
Worker’s Compensation, or any and all claims that may or might arise out of said
employment context on behalf of said employees while so engaged. Any and all claims
made by any third party as a consequence of any act or omission on the part of said
Minnetonka employees while so engaged on any of the work contemplated herein shall
not be the obligation or responsibility of Hopkins. A reciprocal disclaimer and waiver
shall also apply: Minnetonka shall not be responsible under the Worker’s Compensation
Act or any claims that might arise out of said employment context for any employees of
Hopkins.
11. AUDITS.
Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books,
records, documents, and accounting procedures and practices of Minnetonka and Hopkins
relevant to the Agreement are subject to examination by Minnetonka, Hopkins, and either
the Legislative Auditor or the State Auditor as appropriate. Minnetonka and Hopkins
agree to maintain these records for a period of six years from the date of performance of
all services covered under this agreement.
12. INTEGRATION.
The entire and integrated agreement of the parties
contained in this Agreement shall supersede all prior negotiations, representations, or
agreements between Minnetonka and Hopkins regarding the Project; whether written or
oral.
NOTICES.
13. Any notice, request or other communication that may be
required under this Agreement, including payment requests under Paragraph 6, shall be
delivered by first class United States mail or by facsimile transmission to Minnetonka
and Hopkins at the following addresses and facsimile numbers:
If to Hopkins City of Hopkins
1010 First Street South
Hopkins, MN 55343
Attention: Nate Stanley, City Engineer
Facsimile: _______________________
If to Minnetonka City of Minnetonka
14600 Minnetonka Boulevard
Minnetonka, MN 55345
Attention: Will Manchester, City Engineer
Facsimile: 952-939-8344
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Notices that are mailed shall be deemed to have been delivered one business day after
being deposited with the United States Postal Service. Notices that are delivered by
facsimile shall be deemed to have been delivered upon confirmation of facsimile
transmission.
IN WITNESS THEREOF,
the parties have caused this agreement to be
executed by their duly authorized officials.
CITY OF MINNETONKA CITY OF HOPKINS
BY: __________________________ BY: __________________________
Terry Schneider, Mayor Gene Maxwell, Mayor
AND _________________________ AND _________________________
Geralyn Barone, City Manager Mike Mornson, City Manager
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CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2015-052
RESOLUTION ACCEPTING BID
2015 MILL AND OVERLAY PROJECT
CITY PROJECT 2015-09
WHEREAS
, the City of Hopkins and the City of Minnetonka have partnered to rehabilitate Oa-
kridge Road and have an agreement which designates Minnetonka as lead to administer the bid-
ding process and construction contract, and
WHEREAS
, the City of Minnetonka has advertised and accepted bids in accordance with rules
and procedures used by the City of Hopkins, and
WHEREAS
, a total of seven (7) bids were received by the City of Minnetonka for the project,
AND WHEREAS
, it appears that Bituminous Roadways, Inc. of Mendota Heights, MN is the
lowest responsible bidder,
NOW THEREFORE, BE IT RESOLVED
by the City Council of Hopkins, Minnesota, that:
The City Council accepts the bid and concurs with the City of Minnetonka recommendation to
award the contract to Bituminous Roadways, Inc.
th
Adopted by the City Council this 7 day of July, 2015.
_________________________
Eugene J. Maxwell, Mayor
__________________________
Amy Domeier, City Clerk
C:\\Users\\adomeier\\AppData\\Local\\Microsoft\\Windows\\Temporary Internet Files\\Content.Outlook\\3394JZ13\\R2015-052 Bid Acceptance 2015
Oakridge Road Rehabilitation.doc
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-051
RESOLUTION APPROVING JOINT POWERS AGREEMENT
WITH CITY OF MINNETONKA
2015 MILL AND OVERLAY PROJECT
CITY PROJECT 2015-09
WHEREAS
Oakridge Road extends from State Trunk Highway 7 in Hopkins to County
,
State Aid Highway 5 (Minnetonka Boulevard) in Minnetonka, and
WHEREAS
Oakridge Road is in disrepair and in need of rehabilitation, and
,
WHEREAS
Oakridge Road is included within the scope of the 2015 Mill and Overlay
,
Project, and
WHEREAS
it is recommended that the City of Hopkins and the City of Minnetonka
,
enter into an agreement for the mill, overlay, and repair of Oakridge Road from State Trunk
Highway 7 in Hopkins to County State Aid Highway 5 (Minnetonka Boulevard) in Minnetonka,
and
WHEREAS
the City Council of the City of Hopkins deems it proper and in the public
,
interest to enter into an agreement with the City of Minnetonka for the 2015 Mill and Overlay
Project,
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Hopkins,
Minnesota:
The Mayor and City Manager are hereby authorized and directed to execute an agreement with
the City of Minnetonka for the said project.
th
Adopted by the City Council of the City of Hopkins, Minnesota, this 7 day of July, 2015.
By_______________________________
Eugene J. Maxwell, Mayor
ATTEST:
_________________________________
Amy Domeier, City Clerk
Bituminous Roadways
2015 Mill and Overlay Project
6.17.15
CITY OF MINNETONKA ESTIMATECITY OF HOPKINS ESTIMATETOTAL PROJECT ESTIMATE
LINE NOITEM NO.UNITESTIMATEDUNIT PRICEAMOUNTESTIMATEDUNIT PRICEAMOUNTESTIMATEDUNIT PRICEAMOUNT
ITEM
BASE BID
LS0.85$24,650.00 0.15$4,350.00 1$29,000.00
2021.501Mobilization$29,000.00$29,000.00$29,000.00
LF675$5,838.75 0$0.00 675$5,838.75
2104.501Remove Curb and Gutter$8.65$8.65$8.65
SF2100$5,040.00 0$0.00 2100$5,040.00
2104.503Remove Concrete Walk$2.40$2.40$2.40
SF0$0.00 700$910.00 700$910.00
2104.503Remove Bituminous Trail$1.30$1.30$1.30
EACH30$3,000.00 4$400.00 34$3,400.00
2104.509Remove Casting (Sanitary)$100.00$100.00$100.00
LF450$1,305.00 50$145.00 500$1,450.00
2104.513Sawing Bituminous Pavement $2.90$2.90$2.90
EACH25$2,500.00 0$0.00 25$2,500.00
2104.523Salvage Casting (Storm)$100.00$100.00$100.00
CY100$4,500.00 0$0.00 100$4,500.00
2105.607Premium Topsoil Borrow (LV)$45.00$45.00$45.00
HOUR510$48,949.80 90$8,638.20 600$57,588.00
2123.51Trucking$95.98$95.98$95.98
TON50$1,690.50 0$0.00 50$1,690.50
2211.501Aggregate Base Class 5$33.81$33.81$33.81
TON15$2,250.00 25$3,750.00 40$6,000.00
2231.501Bituminous Patching Mixture (Non wearing course)$150.00$150.00$150.00
LF29300$16,115.00 4960$2,728.00 34260$18,843.00
2331.603Joint Adhesive$0.55$0.55$0.55
TON6700$391,950.00 1200$70,200.00 7900$462,150.00
2360.501Type SP 9.5 Wearing Course Mixture (2,B)$58.50$58.50$58.50
SF0$0.00 700$1,750.00 700$1,750.00
2360.501Bituminous Trail$2.50$2.50$2.50
EACH41$9,225.00 9$2,025.00 50$11,250.00
2504.602Adjust Valve Box$225.00$225.00$225.00
EACH30$27,391.50 4$3,652.20 34$31,043.70
2506.516Casting Assembly (Sanitary)$913.05$913.05$913.05
EACH25$11,906.50 0$0.00 25$11,906.50
2506.522Adjust Frame and Ring Casting (Storm)$476.26$476.26$476.26
SF2100$21,000.00 0$0.00 2100$21,000.00
2521.5016" Concrete Walk$10.00$10.00$10.00
LF675$17,550.00 0$0.00 675$17,550.00
2531.501Concrete Curb & Gutter Design B618$26.00$26.00$26.00
SF120$6,600.00 0$0.00 120$6,600.00
2531.618Truncated Domes$55.00$55.00$55.00
LS0.85$17,000.00 0.15$3,000.00 1$20,000.00
2563.601Traffic Control$20,000.00$20,000.00$20,000.00
HOUR350$28,700.00 50$4,100.00 400$32,800.00
2563.61Flag Person$82.00$82.00$82.00
EACH11$10,780.00 7$6,860.00 18$17,640.00
2565.602NMC Loop Detector 6'x6'$980.00$980.00$980.00
EACH102$15,300.00 3$450.00 105$15,750.00
2573.53Storm Drain Inlet Protection$150.00$150.00$150.00
EACH23$10,580.00 3$1,380.00 26$11,960.00
2582.501Pavement Message (Left-Arrow) Poly Preform-(Ground In)$460.00$460.00$460.00
EACH1$875.00 0$0.00 1$875.00
2582.501Pavement Message (Left-Thru Arrow) Poly Preform-(Ground In)$875.00$875.00$875.00
EACH1$460.00 3$1,380.00 4$1,840.00
2582.501Pavement Message (Thru Arrow) Poly Preform-(Ground In)$460.00$460.00$460.00
EACH9$4,140.00 3$1,380.00 12$5,520.00
2582.501Pavement Message (Right Arrow) Poly Preform-(Ground In)$460.00$460.00$460.00
LF9300$5,580.00 680$408.00 9980$5,988.00
2582.5024" Double Solid Line Yellow - Epoxy$0.60$0.60$0.60
LF15450$4,635.00 4360$1,308.00 19810$5,943.00
2582.5024" Solid Line White - Epoxy$0.30$0.30$0.30
LF990$297.00 0$0.00 990$297.00
2582.5024" Broken Line White-Epoxy$0.30$0.30$0.30
LF2645$793.50 1827$548.10 4472$1,341.60
2582.5024" Solid Line Yellow-Epoxy$0.30$0.30$0.30
LF380$114.00 193$57.90 573$171.90
2582.5024" Broken Line Yellow-Epoxy$0.30$0.30$0.30
LF32$230.40 0$0.00 32$230.40
2582.50224" Stop Line White-Epoxy$7.20$7.20$7.20
LF165$1,188.00 0$0.00 165$1,188.00
2582.50224" Solid Line Yellow-Epoxy$7.20$7.20$7.20
SF0$0.00 162$2,592.00 162$2,592.00
2582.503Crosswalk Marking - Poly Preform (Ground In)$16.00$16.00$16.00
$702,134.95 $122,012.40 $824,147.35
TOTAL BASE BID
BID ALTERNATE A
RD STA136$7,854.00
2573.601Sweeping$57.7518$77.00$1,386.00154$60.00$9,240.00
Bituminous Milling (Detail Milling)
2232.501RD STA136$96.,25$13,090.0018$128.33$2,310.00154$100.00$15,400.00
TOTAL BID ALTERNATE A$20,944.00$3,696.00$24,640.00
TOTAL BID$723,078.95$125,708.40$848,787.35