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VII.5. Approve Joint Powers Agreement 2018 Street and Utility Improvements; Stanley (CR2017-079) June 20, 2017 Council Report 2017-079 APPROVE JOINT POWERS AGREEMENT 2018 STREET AND UTILITY IMPROVEMENTS CITY PROJECT 2017-10 Proposed Action Staff recommends the following motion: adopt Resolution 2017-043 approving Joint Powers Agreement with the City of St. Louis Park; 2018 Street and Utility Improvements, City Project 2017-10. Overview The streets proposed for rehabilitation as part of the City of Hopkins 2018 Street and Utility Improvements include two roads that lay on the border between Hopkins and St. Louis Park; Texas Avenue and Division Street. The cities would like to partner to rehabilitate these roadways, as a mutual interest is shared. Additionally, the City of St. Louis Park has established Texas Avenue as a bikeway, and would like to designate new bicycle lanes along the road between Trunk Highway 7 and Lake Street. A Joint Powers Agreement has been prepared to define plan preparation, administration, construction management, and payment responsibilities for the project. The City Attorney and City Engineer for both cities have reviewed this agreement and find it acceptable. Supporting Information  Joint Powers Agreement  Project Area Map  Resolution 2017-043 _________________________________ Nate Stanley, P.E., City Engineer Financial Impact: $ Budgeted: Y/N ____ Source: _ _Related Documents (CIP, ERP, etc.): CIP ____ Notes: _________________________________________ Hopcivil\JointPowersAgreement.final - 1 - 499980v2 AMB HP145-11 192880v1 JOINT POWERS AGREEMENT BETWEEN THE CITY OF ST. LOUIS PARK AND THE CITY OF HOPKINS 2018 STREET AND UTILITY IMPROVEMENTS THIS AGREEMENT (“Agreement”) is entered into between the CITY OF HOPKINS, a Minnesota municipal corporation (hereinafter referred to as "Hopkins") and the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (hereinafter referred to as "St. Louis Park"), with the parties collectively hereinafter referred to as the "Cities”. 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, Hopkins has scheduled street and utility improvements to be completed in 2018 along Texas Avenue and Division Street; and WHEREAS, St. Louis Park has scheduled pedestrian and bicycle improvements to be completed in 2018 along Texas Avenue; and WHEREAS, Texas Avenue and Division Street are located along the municipal boundary between Hopkins and St. Louis Park; and WHEREAS, the Cities desire to implement the design and construction of the respective improvements and include the work in the 2018 Street and Utility Improvements in the cities (the “Project”), NOW, THEREFORE, in consideration of their mutual covenants the parties agree as follows: 1. PLANS AND SPECIFICATIONS. Hopkins will prepare plans and specifications for the Project consistent with Hopkins and St. Louis Park design standards for 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 will provide St. Louis Park with an analysis of the bids received. Hopkins must obtain St. Louis Park’s concurrence with the award of the bid to a contractor. Hopkins shall not enter into the contract with the approved bidder or proceed with the Project until St. Louis Park’s approval and concurrence with the award of the bid and contract has been established by resolution approved by the St. Louis Park City Council. Hopcivil\JointPowersAgreement.final - 2 - 499980v2 AMB HP145-11 192880v1 3. CONTRACT AWARD. Hopkins 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 Hopkins with the approved bidder. 5. CONTRACT ADMINISTRATION. Hopkins shall exercise all authority related to contract administration with the Contract under this Agreement. 6. OWNERSHIP. Each party shall own the portion of the Project located within its corporate boundaries. 7. PAYMENT. 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 bill St. Louis Park for its share of the project costs. Upon presentation of such an itemized bill, St. Louis Park shall reimburse Hopkins 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 St. Louis Park, 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. 8. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Any change orders or supplemental agreements that affect the project cost payable by St. Louis Park and any changes to the plans must be approved by St. Louis Park prior to execution of work. 9. RULES AND REGULATIONS. Hopkins shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 10. INDEMNIFICATION. Hopkins agrees to defend, indemnify, and hold harmless St. Louis Park 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. St. Louis Park agrees to defend, indemnify, and hold harmless Hopkins against any and all claims, liability, loss, damage, or expense arising under the Hopcivil\JointPowersAgreement.final - 3 - 499980v2 AMB HP145-11 192880v1 provisions of this Agreement for which St. Louis Park is responsible, including future operation and maintenance of facilities owned by St. Louis Park and caused by or resulting from negligent acts or omissions of St. Louis Park and/or those of St. Louis Park 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. The contract shall require that the contractor defend, indemnify, and hold harmless St. Louis Park to the same extent as Hopkins. St. Louis Park shall be named as an additional insured on all policies of insurance required under the contract. All insurance policies must be open to the inspection by St. Louis Park and copies of policies must be submitted to St. Louis Park’s authorized representative upon written request. 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 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. 11. WAIVER. Any and all persons engaged in the work to be performed by Hopkins shall not be considered employees of St. Louis Park 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 Hopkins employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of St. Louis Park. A reciprocal disclaimer and waiver shall also apply: Hopkins shall not be responsible under the Worker’s Compensation Act for any claims that might arise out of said employment context for any employees of St. Louis Park. 12. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Hopkins and St. Louis Park relevant to the Agreement are subject to examination by Hopkins, St. Louis Park, and either the Legislative Auditor or the State Auditor as appropriate. Hopkins and St. Louis Park agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 13. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or Hopcivil\JointPowersAgreement.final - 4 - 499980v2 AMB HP145-11 192880v1 agreements between Hopkins and St. Louis Park regarding the Project; whether written or oral. 14. NOTICES. Any n otice, 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 Hopkins and St. Louis Park 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: 952-935-1834 If to St. Louis Park City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Attention: Debra Heiser, Engineering Director Facsimile: 952-924-2662 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 ST. LOUIS PARK CITY OF HOPKINS BY: __________________________ BY: __________________________ Jake Spano, Mayor Molly Cummings, Mayor AND _________________________ AND _________________________ Tom Harmening, City Manager Mike Mornson, City Manager 37 8.0 © Bolton & Menk, Inc - Web GIS 0 Legend 2018 Project Area Map This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Hopkins is not responsible for any inaccuracies herein contained. Disclaimer: 6/9/2017 3:40 PM 265 Feet City Limits Protected Waters Public Water Basin Public Water Wetland Protected Waters - Watercourse Parcels (3-1-2017) Lot Lines CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017-043 RESOLUTION APPROVING JOINT POWERS AGREEMENT WITH CITY OF ST. LOUIS PARK 2018 STREET AND UTILITY IMPROVEMENTS CITY PROJECT 2017-10 WHEREAS, Texas Avenue and Division Street are bisected by the municipal limit between the City of Hopkins and City of St. Louis Park, and WHEREAS, Texas Avenue and Division Street are in disrepair and in need of rehabilitation, and WHEREAS, Texas Avenue and Division Street are included within the scope of the City of Hopkins 2018 Street and Utility Improvements, and WHEREAS, it is recommended that the City of Hopkins and the City of St. Louis Park enter into an agreement for the rehabilitation of Texas Avenue from State Trunk Highway 7 in St. Louis Park to Lake Street in Hopkins and the extension of Division Street west of Texas Avenue, 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 St. Louis Park for the 2018 Street and Utility Improvements, 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 St. Louis Park for the said project. Adopted by the City Council of the City of Hopkins, Minnesota, this 20th day of June, 2017. By_______________________________ Molly Cummings, Mayor ATTEST: _________________________________ Amy Domeier, City Clerk