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IV.6. Approve Joint Powers Agreement – 2016 Street and Utility Improvements-City Project 2015-10; Stanley (CR2016-010)City of Ko��ns February 2, 2416 Council �eport 2416-010 APPROVE J4INT Pf3WERS AGREEMENT AND ACCEPT BID 2016 STREET AND UTILITY IMPROVEMENTS CITY PRUJECT 2015-10 Proposed Action Staff recommends the following motion; adopt Resolution 2016-007 at�t�rovi��g Joint Powers Agreement with the Cityo uf Mir�netonka 20I 6 Street and Utility Improvements, City Praject 2015-10. �verview The City of Hopkins has partnered with the City af Minnetonka to rehabilitate 4th Street North from 19`'' Avenue North to 2151 Avenue North as part of the 2016 Street and Utility Improvements proj�ct. 4t" Street North straddles the city lirnit between Hopkins and Minnetonka, and is in need of rehabilitation. City staffs worked together to develop plans to reconstruct tne roadway and complete other miscella�eous repairs. A Joint Powers Agreement has been prepared to define construction management and payment responsibilities for the praject. Legal and Engineering staff at both cities have reviewed this agreement and find it acceptable. The bid opening for the project was held January 22, 201 b. The Hopkins City Council will consider the hids formally later this month; the apparent low bidder is Northwest Asphait, Inc. of Shakapee, Minnesota. Prirnar_y Issues to Consider ■ Bid Results and Responsibilities ■ Construction Costs ■ Project schedule Supportin� Information ^ ■ �Joint Powers Agreetnent ■ 4t" Street North Canstruction Limits Map ■ Resolution 2016-007 �� . � J �^-� � _ �- -- -� Nate Stanley, P.E., City Engineer Financial Impact: $ Budgeted: YIN Source: _=Related Dacuments {CIP, ERP, etc.}: Notes: Councif Report 2016-010 Page 2 ANALYSIS OF ISSUES . Bid Results and Responsibilities: The Gity o� Hopkins administered the bidding process and received ten (10) bids far this work. Per the Joint Powers Agreement, Hopkins will award the contract pendin� Minnetonka approval and inanage the construction. Minnetonka will reimburse Hopkins for construction costs at the close of the praject. All bids were submitted with required bid security made by qualified Gantractors. Northwest Asphalt, Inc. is a reputable cor�tractor who has completed siinilar projects in Hopkins. Construction Costs: Based on the low bid, �he total estimated construction co�t is $3,993,762.84, which is approximate3y 6% below the engineer's estimate. Originally, the engineer's estjmate projected Mirmetonka's portion of the construction to be $78,000, based on the bid unit prices it is estimated Minnetonka's eost will be $62,952.88. • Project Schedule: Approve JPA Award Goniract Begin Construction Construction Coinplete February 2, 2016 February 29, 2016 May 2016 November 2016 J4INT PQWERS AGREETVIENT BETWEEN THE CITY OF M�NNETONKA AND THE CYTY �F HOFKINS 201G STREET AND UTILITY IMPR4VEMENTS THIS AGREEMENT is entered into between the CITY OF HOPK�NS, a Minnesota municipal corporation �hereinaft�r referred to as "Hopkins") a�d the CITY QF MINNETONKA, a Minnesota municipal corparation (hereinafter referred to as "Minnetonka"), wi�h the parties collectively hereinafter referred to as the "Cities". WHEREAS, the Cities desire to implement the design and construction of the 2416 Street and Utility Improvements in the cities (the "Project"}; and WHEREAS, Minn. Stat. § 471.59 authorizes rivo or more governmental units to enter rnto agreements ta jointly ar cooperatively exercise any power com�non to the contracting parties ar any sitnilar power; and WHEREAS, Hopkins has prepared plans and specifications dated Decetnber 30, 2015. NOW, THEREFQRE, in consideration of their mutual covenants the parties agree as follows: 1. PLANS AND SPECIFI�CATIONS. Hopkins will prepare pIans and specificatians for the Project cansistent with Hopkins and Minnetonka design standards far those parts of the Project located within their respective corporate boundaries. 2. BIDDING. Hopkins will advertise for bids for the construction of the Project in accordance with Minnesota Law and wil� provide Minnetonka with an analysis of the bids received. Hopkins tnust abtain Minnetonka's concurrence with the award of the bid to a contractor. Hopkins shall not enter into the contrac� with the approved bidder or pro�ceed with the Project until Minnetonka's approval and concur�-ence with the award of the bid and contract has been established by resolution approved by the Minnetflnka City Cauncil. 3. CONTR.ACT AWARD. Hopkins shall prepare contract docu�nents and enter inta a contract with the approved bidder. 4. COST ALLOCATION. Relevant project eosts shall be paid 100°Jo by each party for the portion of the project lacated within its corporate boundaries. Project costs are: engineering, inspection, testing, canstruction costs and other costs payable under the Hopcivil'JuintPowersAgreement.final - 1 - contract enter�d into by Hopkins with the approved bidder. 5. OWNERSHIP. Each party shall own the portion of the Praject located with�n its corporate boundaries. 6. PAYIVIENT. Hopkins 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 Hopkins Engineer. Hopkins, in turn, will bi�l Minnetonka for its share of the project casts. Upon presentation of such an itemized bill, Minnetanka shall reiinburse Hopkins for its share of the costs incurred in accordance w�th this agz-eement within 30 days from the presentation of the claim. If any portion af an itemized bi�l is questioned by Minnetonka, the remainder of the claiin shal� be proinptly paid, and accoinpanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good fai�h negotiation and documentation of actual costs incurred in carrying o�t the work. 7. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Any cl�a�ge orders or supple�nental agreements that �ffect the project cost payable by Minnetonka and any changes to the plans must be appraved by Minnetonka prior to execut�on of work. 8. RULES AND REGLTLATIONS. Hopkins shalJ abide by Mznnesota Department of Transportation standard specifications, rules and contract adininistration procedures. 9. INDEMNTFiCATION. Hopkins agrees to defer�d, indernnify, a�d hold harcnless Minnetonka against any and all claims, liabzlity, loss, dainage, ar expense ari5ing under the provisiQns of this Agree�ent and caused by or resulting froin negligent acts or omissions of Hapkins andlor those of Hopkins employees or agents. Minnetonka agrees to defend, indemnify, and hold harmless Hopkins against any and ail claims, liability, loss, damage, or expen�e arising under the provisions of this �greernent for which Minnetanka is responsible, including future operation and maintenance af facilities c�wned by Minnetanka and caused by or resulting from negligent acts ar omissions af Minnetonka and/or those of Minnetonka employees or agents. A party's agreement and obligation ta defend, indemnify and hold the other party harjnless shall not apply to any claims, liability, lass, datnage or expense resulting from the acts or omissions of the contractor that is awarded the contract for the Project or any of the contra�tor's employees, subcon�raetors, independent contractors or agents. Under no circumstances, hawever, shall a party be required to pay on behalf of itself anci the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 46b applicable to any ane party. The limits of liability for both parties may npt be added together to� determine the maximum amount of liability for either party. The intent of this HopcivilVointPc�wersAgree�nenLfinal - 2 - paragraph is to iinpose an each party a limited duty to defend and indemnify each ather subject to �he litnits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to siinplify the defense of claiins by eliminating conflicts among the parties and to pennit �iability claims against both parties from a singl� occurrence to be defended by a single attorney. 10. WAIVER. Any and aIl persons engaged in the wark to be perfonned by Hopkins shall not be cansidered employees of Minnetonka for any purpose, including Worker's Com�ensatian, or any and alI claims that may or might arise out of said employment context on behalf of said employees while sa engaged. Any and all claims rnade by any third party as a consequence of any act or oinission on the part of said Hopkins empioyees whi�e so engaged an any of the work contemplated herein shall not be the obligation ar responsibility of Minnetanka. A reciprocal disclaimer and waiver shall also apply: Hopkins sha11 not be responsible under the Worker's Cc�rnpensation Act or any claiins that inight arise aut of said einployrner�t context for any employees of Mirtnetonka. i1. AUDITS. Pursuant to Minnesota Statutes § 16C.45, Subd. 5, any books, records, docu�nen�s, and accounting procedures and practices of Hopkins and Minnetonka relevant to the Agreecnent are subject to exa�nination by Hopkins, Minneto�ka, and either the Legislative Auditor or the State Auditor as appropriate. I�Iopkins and Minnetonka agree to maintain these recards for a period of six years from the date of performance of all services covered under this agreement. 12. �NTEGRATION. The entire and integrated agreetnent of the parties contained in this Agreement shall supersede all prior negotiatior�s, representations, or agreements be#ween Hopkins and Minnetonka regarding the Project; whether written or oral. i 3. NOTICES. Any notice, request or other coinmunication that may be required under this Agreemerit, including payment requests under Paragraph 6, shall he delivered by iirst class United States mail gr by facsimile transmission to Hopkins and Minnetonka at the fol�owing addresses and facsimifle nuinbers: If to Hapkins City of Hapkins 1410 First Street South Ho}�kins, MN 55343 Attention. Nate Stanley, City Engineer Facsimile: 952-93 5-1834 If to Minnetonka City of Minnetonka 14600 Minnetonka Boule�ard Minnetonka, MN 55345 Attention: Will Manchester, City Engineer HopcivilVc�intPowersAgreement.final - 3 - Facsimile: 952-939-8344 Notices that are mailed shall be deemed to ha�e been delivered one business day af�er 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 WYTNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF MINNETONKA � �� Terry Schneider, Mayor Geralyn Barone, City Manager Ho�civil�TointPowersAgreementfinal - 4 - CITY QF HOPKINS : I:��I i7 Molly Cummings,lVlayor Mike Mornson, City Manager ' . �,. �`_ ` ,, �,. �� , �, /� � �_� / , �,_ �� 1� f �_ �' �'l . a / y �� `� � / � ..� � rk. f- � �� • 1�,. / � CfTY OF �s� ;� M I N N ETO N KA CITY LIMITS �� / ��:;, `� �------------------ ,---J--- -- ------------- -��__-- —�,�--- -- � � - - �---�--_ _-- ��--- �..:.��..._.�� 4TH STREET N � _ ^ _ ____ _ ....� � '�,�= � , ,�,. � y_ � _ � -- ----�----��\ l � _�_�_^_�_r_.�_�-�- � ---_— _---� ' �; �� __��:��,: __�- _.__,._.__ _ -----�----- ----�-------- 1� . �f ,� � -� -�--_�-- �-- � � � �� -� � � � � I F � � � i � f 1 }Z�' �� 1 1 �� il � � ' I� � I�;� � � ; ,' � � ' � �-, � � E � • � � j � I i'' z I ! I , Z � ¢': w � f �� a� , F I,LJ ' � � �i � i ' ' i � e i ; � , � GTY OF HOPKINS CONSTRUCTION AREA � HQPKiNS � � f Q � _ �� ; �� rn , � � �t� I � � � �� ' ' I� � i i CITY �F MlNNETQNKA CONSTRIJCTION AREA CITY 4F HOPKINS HENNEPIN COUNTY, MINNESQTA RESf�LUTION NO. 2016-407 RESOLUTION APPRflVING JOINT POWERS AGREEMENT WITH CITY OF M�NNETONKA 2016 STREET AND UTILITY IMPROVEMENTS CITY PROJECT 20I5-10 WHEREAS, 4th Street North extends from 19`'' Avenue North to 2151 Avenue North in Hopkins along the corporate li�nit with Minnetanka, and WHEREAS, 4`�' Street North is in disrepair and in need of rehabilitation, and WHEREAS, 4�' Street North is included within the scope of the �016 Street and Utility Improvements, and WHEREAS, it is recommenc�ed that the City of Hopkrns and the City of Minnetonka enter into an agreement for the rehabiljtation of 4`h Street North from 19°h Avenue North to 2l5` Avenue North, and WHEREAS, the City Council of the City of Hopkins deems it proper and in the public interest to enter into an agreenxent with the City of Minnetonka for the 2416 Street and Utility Improvements, 1�OW, THEREFURE, BE IT RESOLVED by the City Council of the City of Hopkins, Minnesota: The Mayor and City Manager are hereby authorized and directed ta execute an agreement with the City of Mir�netontca for the said project. Adopted by the City Council of the City of Hopkins, Minnesota, this 2°d day of February, 2016. : ATTEST; Amy Domeier, City Clerk Mr�lly Cummings, Mayor