VII.2. Approve Construction Cooperative Agreement between the City of Hopkins and Hennepin County – Excelsior Boulevard Retaining Wall Reconstruction; Stadler (CR2016-055)May 13, 2016
G�TY �F
yOPKINs
Council Report 2016-055
Approve Construction Cooperati�e Agreement between the City of Hopkins and
Hennepin County — Excelsior Boulevard Retaining Wall Reconstruction
Proposed Action.
Staff recommends adoption of the following motion: Move that Council ap�rove
a Construction Cooperative Agreement between the City of Hopkins and
Henne�in Countv, Agreement No. PW 43-01-16, for the reconstruction of an
Excelsior Boulevard retainin wall.
Overview.
The retaining wall (located on the north side of Excelsior Boulevard between 12t"
— 13t" Aves S) constructed in 1998 during the first phase of Excelsior Boulevard
corridor improvements has deteriorated and is in need of replacement. The cost
of the wall replacement is being shared equally between the City of Hopkins and
Hennepin County, as was the case for the original retaining wall. The estimated
City cost is $144, 815. The proposed Construction Cooperative Agreement is the
standard agreement used by Hennepin County for joint agency reconstruction
projects. � The new wall is being built with large gravity wall blocks weighing 2400
Ibs each, similar to the retaining walls along the Shady Oak Road reconstruction
project. The County will advertise the project next month and construction is
anticipated in August — October 2016. Future maintenance or replacement of the
wall would be at City expense.
Staff recommends approval.
Supporting Information.
• CI P project sheet
• Construction plan excerpts
• Proposed Agreement
• Photo of similar retaining wall
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Steve n J. Stad I e r
Public Works Director
Financial Impact: $ 144,815.50 Budgeted: Y/N Y Source: 2016 CIP project
Related Documents (CIP, ERP, etc.):
Notes: CIP budget of $300K city cost
IT , ��`TEl��TTT PL
City of Hopkins, l��T
��ect # 16-CIP-SO40
�,�ect Narne �����s�.o� �oule�vard. Re�a�img �all
Future
2016 t��"Z� 2�2� De artment Public Works: Streets/Traffic
P
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Contact Public Works Director
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Type Improvemen�
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Useful Life ;
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Category Trans: Streets `
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Priority nla ';;
The retaining wall supporting Excelsior Boulevard and the adjacent trail between 12th Ave S and 13th Ave S is failing. The wall has �been �
assessed by Hennepin County and they have determined it needs to be replaced. Hennepin County has proposed to cover 50% of the retaining wall �
costs and Hopkins would be required to cover the remaining 50%. The County has proposed to complete this work in 2016. ''
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The wall has settled in several locations and become unsuita.ble to support the embankment, The wa11 is also constructed adjacent to large city
storm sewer pipes which may be put at risk by continued deterioration.
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Expenditures 2016 2017 � 2015 2019 2020 Tota�
Construction/Maintenance 600,000 600,000
Tota1 soo,000 - soo,000
; .
- Funding Sources 2016 2017 2018 2019 2020 Total
GU - Other Governmental 300,000 � 300,000
Units �
, PI - PIRJGeneral Obligation 300;000 300,000
Bonds '
Tota.l soo,000 soo,000
�udget ImpactlOther �
Variance from 20 year plan - New proj ec� added for 2016 construction.
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Tuesday, October 13, 201 S�
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- Agreement No. PW 43-01-16
_ ' County Project No. 1452 .
. ___ County State Aid Highway No. �
City of Hopkins
County of Hen�n.epin
CONSTRUCTION C04PERATI�TE AG��EEMENT
THIS AGREEMENT, made and entered into this day of
, 2016 by and between the County of Hennepin, a body politic and
corporate under the laWs- of the State of Minnesota, hereinafter referred to as the "County", and the
City of Hopkins, a body politic and corporate under the laws of the State of IVlinnesota, hereinafter
referred to as the "City".
WITNE S SETH:
ti'VHEREAS, the City and County are proposing to construct new sidewalk and retaining wall
with integral ornamental metal railing to replace deteriorated retaining wall Iocated between the north
side of County State Aid Highway No. (CSAH} 3(Excelsior Boulevard) and the south side of Second
Street west of 11 �' Avenue, as shov�m on the plans for County Proj ect Numbe�c 1452, hereinafter �
referred to as the "Proj ect"; and . .
�'�HEREAS, the above described Proj ect lies within the corporate limits of the City; and
WHEREAS, the County shall be responsible to develop the plans and specifications for the
Proj ect, and shall be responsible for administering construction of the Proj ect; and
`'�HEREAS, the County wi11 request that the City approve said plans and specifications, and the
City has indicated its willingness to approve said plans and specifications; and
WHEF�EAS, the City will participate in its share of the costs to construct the retaining walls and
integral ornamental metal railing, and adj acent side,walk; and
'WHEREAS, the County has prepared an estimate for the Proj ect in the amouni of Two �Iundred
Forty Five Thousand Four Hundred Fifty Dollars and No Cents ($245,450.00); and
�'�HEREAS, it is contemplated that said Work be carried out by the parties hereto under the
provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
Agreement No. PW 43 -01-16
CSAH 3, C.P. 1452
�
The County will prepare the necessary plans, specifications, and proposal; obtain approval of
said plans and specif cations from the City; advertise for bids for the work and construction; receive
and open bids pursuant to said advertisement; enter into a contract� with the successful bidder at the unit
p
rices specified in the bid of such bidder; admini.ster the construction contract; and perform the
required engineering and inspection; al1 in accordance with said plans and specifications.
II
It is understood that the construciion of this Proj ect will be under the supervision and direction of
the County �Iighway Engineer or designated representative. All work for the Proj ect sha11 be
completed in compliance with the plans and specifications. The City Engineer and representative staff
shall have the right, as the work progresses, to enter upon the premises to make any inspections
deemed necessary and shall cooperate with the County Highway Engineer and staff at their request to
the extent necessary. � �
The City agrees that the County may make changes in the above referenced approved plans or in
the chaxacter of said contract construction which are reasonably necessary to cause said construction to
be in a11 things performed and completed in a satisfactory manner. It is further agreed by the City that
the County may enter into any change orders� or supplemental agreements with the County's contractor
for the performance of any additional construction or construction occasioned by any necessary,
advantageous or desirable changes in plans, vc�ithin the original scope of the Proj ect. The County will
obtain the approval of the City Engineer or designated representative on said change orders or
supplemental agreements. The City wi11 respond to the County's request for approvals within seven (7)
calendax days.
III
The County or its agents will acquire all additional right of way, perrnits and/or easements
required for the construction of the Proj ect, at no cost to the City.
It is understood and agreed that the City shall convey property rights to the County over those
lands ov�med by the City that are required for the Project. Said property�rights shall be granted at no
cost to the County. It is further understood and agreed that any and all City permits required by the
Proj ect shall be granted at no cost or expense to the County or its contractors.
IV
The City will participate in the costs to construct the Project. The City's cost participation share
in the construction costs for the Project shall be fifty (5.0) percent. The City's cost participation in
Agreement No. PW 43 -O 1-16
CSAH 3, C.P. 1452
construction costs is estimated to be One Hundred Twenty Two Thousand Seven Hundred Twenty Five
Dollars and No Cents ($122,725.00).
In addition to its proportionate share of the construction costs, the City agrees to pay to the
Co�.nty eighteen (18) percent of the City's sh�.re of the contracted construction costs as its share of the
engineering costs for the Proj ect. For informational purposes only it is estimated that the C�ty will pay
the County $22,090.50 as its share of the engineering costs.
After , an award by the County to the successful bidder on the Proj ect, the County will invoice the
City for ninety five (95) percent of the City's pat-ticipating share of the construction and engineering
costs for the Project estimated to be $137,574.72. The remainder of the City's share of the
construction and engineering costs, estimated to $7,240.78, will be due the County upon the
completion of the Proj ect, and upon review and approval of the Proj ect by the City Engineer or
designated representative. Upon approval of the Proj ect by the City Engineer or designated
representative the County will submit its f nal invoice to the City. ,
The City vt�ill within forty five (45) days of said invoices, deposit with the County funds totaling
the amount of the invoice.
�iJ
It is understood and agreed by the parties hereto that upon completion of the Proj ect, all
improvements included in the Proj ect shall be maintained by the City and all maintenance, restoration
or repair required thereafter shall be performed by the City at no expense to the County.
�
All records kept by the City and the County with respect to the Proj ect shall be subj ect to
examination by the representatives of each pa�rtY hereto.
VII
Each party agrees that it will be responsible for its own acts and the results thereof, to the extent
authorized by the law, and shall not be responsible for the acts of the other party and the results thereof.
The County's and the City's liability is governed by the provlsions of Minnesota Statutes, Chapter 466.
The County and the City each warrant that they are able to comply With the aforementioned
indemnity requirements through an insurance or self-insurance program.
VIII -
The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents,
volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses,
Agreement No. PW 43 -01-16
CSAH 3, C.P. 1452
costs or expenses, including, reasonable attorneys' fees, resulting directly or indirectly from any act or
omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for
whose acts and/or omissions they may be liable for related to the ov�mership, maintenance, existence,
restoration, repair or replacement of the improvements constructed as part of the Project. The City's
liability shall be governed by the provisions of 1VIi�.esota Statutes9 Chapter 466 ox other applicable
�aw. � ,
The County agrees to defend, indemnify, and hold harJnlless the City, its officials, officers,
agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages,
losses, costs, or expenses, including reasoriable attorneys'- fees, resulting directly or indirectly from any
act or omission of the County, its contractors, anyone dlrectly or indirectly ernployed by them, and/or
anyone for whose acts and/or omissions they may be liable relaied to the ownership, maintenance,
existence, restoration, repair or replacement of the improvements constructed as part of the Proj ect.
The County's liability sha11 be governed by the provisions of Minnesota Statutes, Chapter 466 or other
applicable la,w.
IX
It is fi.axther agreed that any and all employees of the City and all other persons engaged by the
City in the performance of any work or services required or provided for herein to be performed by the
City shall not be considered employees of the County, and that any and a11 claims that may or might
arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and a11 claims made by any third
parties as a consequence of any act or omission on the part of said employees while so engaged on any
of the work or services provided to be rendered herein sha11 in no way be the obligation� or
responsibility of the County.
Also, any and all employees of the Cou.nty and all other persons engaged by the County in the
performance of any work or services required or provided for herein to be perfo-rmed by the County
shall not be considered em.ployees of the City, and that any and all claims that may or might arise under
the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on
behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged on any of the work
or services provided to be rendered herein shall in no way be the obligation or responsibility of the
City. .
�
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement, the Hennepin County Engineer or designated
representative sha11 manage this Agreement on behalf of the County and serve as liaison between the
County and the City.
_ q. - ��-�.:
Agreement No. PW 43 -O 1-16
- CSAH 3, C.P. 1452
_ In order to coordinate the services of the City with the activities of the County so as to
accomplish the purposes of this Agreement, the City Engineer or designated representative shall
manage this Agreement on behalf of the City and serve as liaison between the City and the County.
�
It is understood and agreed that the entire Agreement betWeen the parties is contained herein and
that this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subj ect matter hereof. All items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only
be valid ,when they have been reduced to vv�riting as an amendment to this Agreement signed by the
parties hereto.
�I
The whereas clauses are incorporated herein and are hereby made a pa.rt of this Agreement.
XIII
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein. �
(this space left intentionally blank)
)
.
� Agreement No. PW 43 -01-16
� CSAH 3, C.P. 1452
.
I�iT �'ESTIIV.�Ol�TY `�IE�OF, the parties hereto h.ave caused this .Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY UF HOPKINS
(Seal) By:
� Mayor
Date: �
And: .
. Manager
Date:
� COUNTY OF HEI�TNEPIN
ATTEST: �
By•
Deputy/Clerk of the County Board
Date:
APPROVED AS TO FOR;M:
;
B• �
Y• � :
A. si ant County Attorney
• _
Datc.
APPROVED AS TO E�:ECUTION:
� By• .
Assistant County Attorney
Date: `
By: �
Chair of its County Board
Date:
And:
County Administrator
Date:
And:
A.ssistant C�unty �dministrato�r, ruylic W�rks
Date:
RECOl��IMENDED FOR APPROVAL
,
By:
County Highway Engineer
Date: �
�
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