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CR2013-008 Approve Construction Cooperative Agreement with Hen Cty for Exc. Blvd. Sidewalk Construction Cost ParticipationNOPKINS March 13, 2013 Council Report 2013-008 Approve Construction Cooperative Agreement with Hennepin County for Excelsior Boulevard Sidewalk Construction Cost Participation Proposed Action. Staff recommends adoption of the following motion: Move that Council authorize the Mayor and City Manager to sign Hennepin CountyAgreement # PW 22-01-12 an agreement settingconditionsof Coggty cost participation regarding sidewalk improvements along Excelsior Boulevard east of Blake Road. Overview. The 2013 capital improvement plan includes sidewalk replacement along the north side of Excelsior Boulevard east of Blake Road. The existing asphalt sidewalk is deteriorated and has an unacceptable cross -slope for safe pedestrian use. The County agreement calls for Hennepin County to pay 25% of the sidewalk replacement cost up to $21,000. The sidewalk work is included in the scope of the 2013 street/utility improvement project. The low bidders cost for this sidewalk work is $74,906. The proposed construction cooperative agreement sets the cost participation and maintenance responsibilities. The City is responsible for sidewalk maintenance. Staff recommends approval. Supporting Information • Sidewalk plans • County Agreement PW 22-01-12 Steven J. Stadler Public Works Director Financial Impact: $_99,458.25 Budgeted: yes Sources: PIR fund: $63,000 Water and Storm Sewer utility funds: $15,458.25 Hennepin County: $21,000 Related Documents (CIP, ERP, etc.): 2013 CIP proiect Notes: CITY OF HOPKINS CONSTRUCTION PLANS FOR EXCELSIOR BLVD TRAIL IMPROVEMENTS MWP or Tx• SCALE: r "=300' CITY OF HOPKINS KTNM•PIN OOUNI'Y, " 0.12: SHEET INDEX 1 TITLE SHEEr 2 TRAIL CONSTRUCTION PLAN 3 — 7 CROSS SECTIONS THIS PLAN SET CONSISTS OF 7 SHEETS 2D OF HO NNS RESOURCE UST SIUUU3 HALL ��y��gpQ 8MMUNOE�NRA�VENUE 1YTY gt. NOPNINS MK 55313-1513 962-933-8171 700 MINHEAPOS$, MN 55403 R.OFAN NIC1pU5 706 DATA PARN MINNETONRA, MN 55313 MR. KELLY OOONIN PUBLIC WORRS DIRECTOR MR. SIEVE STADLER P.E. 612-321-5207 612-311-5180 FAN 612-161-JBJ2 951-60]-1J63 FAN CITY ENGNEER 2800 WAY— BLVD -SRO iR.WA CFL ENERGY iLOOR EDIN WEST 10TH STREET MR. JOHN BTYDFORD P.E. NINNEAPOIS, N. 55105 NR. MICHAEL SPDNER MR. D MN. SIMC NR. DUSTIN HORL51 +_ 612-38 -2599 962-R29-1513 BOLTON k VENN, NL. 952-829-1558 fA% 2221 MKOLLFE AVENUE BURNSALLE MN. 56331-I6N ATk 952-890-0509 NP. AM NULOUSEIt 511 It1H AVENUE SWIH PRD,ECT MANAGER MR. RICH REXBPNG, P.E. SPITE 360 MWNVPOUS MN 55115 OESNiN ENGINEER MR. NICK AL —CIO, E.LT. WORK SHAM BE COMPLETED CON9STENT WITH THE SPECIFICATIONS FOR INE 2013 STREET k UTILITY NPROY ENT5 PROJECT. NOTE: EMITTING UTILITY NFORMATION SHOWN ON THIS PLAN HAS BEEN PROWOED BY THE UTUiY OWNER. THE CONTRACTOR SHAD RELD NEIBFY ENACT LOCATIONS PRIOR TO COMMENCING CCNSIRUCTON AS REQUIRED BY STATE LAW. MOT,Y C SUBSURFACE UTILITY INFORMATION N THIS PIAN IS UTILITY QUALITY LEVEL C. THIS UTILITY QUALITY LEYEL WAS DETERMNEO ACCORDING TO THE WRIELI OF O/ASCE M-02• WIRED 'STANDARD GUIDELINES FCR THE —ECTON AMD OEPN:TION OF EN157NG SUBSURFACE UTILITY DATA.' I HEREBY CERMY THAT MS PLAN, SPEOMATIOI, OR REPORT WAS PREPARED eB SNT1 1 SUPERWSNN AND THAT 1 AM A DULY LICENSED ` 9 L NEER UNDER iNE LAWS Of THE STATE OF MINNf50TA \ J Q -' —LC, N0, 20711 GATE: 11-28-2012 J. REVERING, P.E REVEW[o k APPRo•EO Pry ENPNE?A IM. MAINTAIN AT I -EAST ONE ACCESS AT ALL TIMES. COORDINATE WITH PROPEAr, —0 fiv= n• OANCREiE INVAU. 24 BY G' CONCRETE PUAG AND ASAMED. It' WARM REMOVE I a HYDRANT /-REMOVE .0 INST— INSTAU. SO W 4' CONCRETE WALN INSTALL 'D* Si w Im, 3, —mT TAINCARE ADJUST In 7 J- INST,u,. 5 w r CO","",REMOVE 10 IF, Con ME wAix MET PROTEC PEDESTRIAN It MP AND TION 16 W TRUNCATED DOMES INSTALL V CONCRETE Is" RELOCATE No PARKING AOIVST CASTING WET PfHTEC31CM 10 6, E PEDESTRIAN .0 16 SF M �`W DOMES WAU, 1. -4.00- .--y EXCELSIOR BLVD.) TRUNCATED DOMES REMISE AND REPILACE C.S.A.H. No. 3 (EX IN I S, 61 CONCIM1`E 20 IS NIB CUM AND GUTIER PEOESiRVN RAMP AND REMOVE 12 LF WN 16 NCATED DOMES F a I RES, AND K� MH)VE .0 REPLACE BY r BMAWOM TML AMAXIENT STA "ll, 10.O' LT INS v MONMIS CUM AND CUTTER SMS LF NIB CUPS AND ovnEM I EA HYDRANT .0 V.VE 0-917.63 REMOVE ANDv :: Ism 20 IF Goia CURB ANO CIITTER IT LF — , 'AON5. TEE 1 1` a' SLEEVE 2 EA CONNECT TO EXISTING RUN +BM=919.80 TNH RENOVE 1 EA MO—T -.E1S.RBLVD FEMOVE 20 U "N WA 10.5' LT F & I STA 12+13, 12.2' LT I a MORMT.0 VARVE NOW I;., REMOVE 4 W CONCRETE AtH 1. REMOVE STWMNNOUS MAA. �IM CONSTRUCTOW UNITS I e' WNN IW— W W 4' CONCRETE WAIX 2. INSI� TO DEPTH &W WOUS PATCH. 2 FEET MDE. 1. V -N AOI%"W TO A11 CUR . PATCHES IN EXCEI.S10II BLVO , CA b' CV & BOX SHAU. BE PAID AS 2* —14000I.Si SIAM PATCH I EA S, TEE PATCHES IN DRIVEWAn SE PAID AS r I a . "0 STUMINDUS Dn- 2 a CONNECT TO UTSFNO WN 0151� .0 MARTAMN CONTROL PER AND HENMAN COUNtt REQUIREMENT& SI.`BMMT T0 4" PAN TO ENGINEER A C—ITS. OF 10 04" PRIOR TO PROPOSED START OF ONSTRUCTION. 30 V 3- ENTIMHOLIS TRIM- PAVEMENT Li 4. MIS ALL DISTIMIND MFRS NITH SEED TNXWRE 260 z9: OR SOD TYPE �T RESISTANT AND 6' TOML AS 0 FNEETED THE ENGINEER IN THE nEIL0. O �S 5 AGGREGATE � D ON THE U�IOR REi.00XTE w PAROnG SIGH (L �ARD TRAIL � MEET THE MN REOUREMENTS sntEU NINE SON MR THE MATERIAI- SALVAGED RECtAAI MATEIRIAI. SHALL NOT K A11OWED. 12. 10 By or FOCOWN � IT I Sir TNUW-4= DANDOMES C.S.A.H. No. 3 (EXCELSIOR BLVD.) RIM PROTECnON Me'"W"A" (�NW400) (2360)50 IF NIB cum AM cum (22t I) TYPICAL SECTION E3(Z)t--rc:)M r,4 f-- HOPKINS, MINNESOTA Consulting Engineor. & Surveyors EXCELSIOR BLVD TRAIL IMPROVEMENT MR N PLAN 2 0 '1 SIT & M E: P4 K, I ftti —E WA ""W"T. MN SLEE MIN BUR—E. MN —0, MN SM MN wvLLW000. S. 20)11 t1-20-2012 RN —ER. MN =UTMEN1. MH UEF'IA ­HCEN. TRAIL CONSTRUCTION Agreement No. PW 22-01-12 County Project No. 1215 County State Aid Highway No. 3 City of Hopkins County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, Made and entered into this day of , 20 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 Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City is proposing to construct a sidewalk to replace a deteriorated asphalt path (which does conform to the Americans with Disabilities Act ) along the north side of County State Aid Highway No. (CSAR) 3 (Excelsior Boulevard) from 500 feet east of CSAH 20 (Blake Road) to Powell Road, as shown on the plans the City Project Number (County Project Number 1215), hereinafter referred to as the "Project"; and WHEREAS, the above described Project lies within the corporate limits of the City; and WHEREAS, the City or its agents shall be responsible to develop the plans and specifications for the Project; and WHEREAS, the City has requested that the County approve said plans and specifications, and the County has indicated its willingness to approve said plans and specifications; and WHEREAS, the City or its agents shall be responsible for administering construction of the Project and has adequate personnel available to perform the construction staking, testing, inspection and development of as -built plans required on the Project; and WHEREAS, the County will participate in its share of the costs to construct the sidewalk along CSAH 3; and WHEREAS, the City or its agent has prepared an estimate for the Project in the amount of Seventy Five Thousand Dollars and No Cents ($75,000.00); and WHEREAS, 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. - 1 - _'�►VL__._ Agreement No. PW 22-01-12 CSAR 3, C.P. 1215 NOW THEREFORE, IT IS HEREBY AGREED: The City or its agents shall prepare the necessary plans, specifications, and proposal; obtain approval of said plans and specifications from the County; 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 prices specified in the bid of such bidder; administer the contract; and, perform the required engineering and inspection; all in accordance with said plans and specifications. The contract shall include the plans and specifications prepared by the City or its agents and approved by the County. Said plans and specifications shall conform to Minnesota Department of Transportation (Mn/DOT) Design Standards applicable to County State Aid Highways. Prior to beginning construction, the City shall furnish the County with two (2) complete sets of County approved plans and specifications for said Project. Upon completion of the Project, the City or its agents shall furnish the County with a complete set of as -built plans certified as to their accuracy by the City's Project Engineer. Said as -designed plans, specifications and as -built plans for the Project shall be furnished by the City at no cost to the County. III The City or its agents shall administer the construction contract and perform all required engineering, inspection and testing. All construction and materials sampling and testing for the Project shall be accomplished in accordance with all applicable standards and requirements of the Minnesota Department of Transportation's (Mn/DOT) State Aid for Local Transportation Division in effect at the time of Contract award. The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. Said permits and approvals shall be obtained prior to the start of any construction and made available to the County upon request. FUA The construction of this Project shall be under the supervision and direction of the City Engineer or designated representative. All work for the Project shall be completed in compliance with the plans and specifications. The County Engineer and representative staff shall have the right, as the work -2- \ L_ Agreement No. PW 22-01-12 CSAH 3, C.P. 1215 progresses, to enter upon the premises to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary. The County agrees that the City may make changes in the above referenced approved plans or in the character of said contract construction which are reasonably necessary to cause said construction to be in all things performed and completed in a satisfactory manner. It is further agreed by the County that the City may enter into any change orders or supplemental agreements with the City's contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. The City shall obtain the approval of the County Engineer or designated representative on said change orders or supplemental agreements. The County will respond to the City's request for approvals within seven (7) calendar days. V The City or its agents shall acquire all additional right of way, permits and/or easements required for the construction of said Project, at no cost to the County. Upon completion of this Project, all permanent right of way acquired for CSAH 3 as provided herein shall be conveyed to the County by the City with no consideration required. VI The County will participate in the costs to construct the Project. The County's cost participation share in the construction costs for the sidewalk shall be twenty five (25) percent. The County's cost participation share is estimated to be Eighteen Thousand Seven Hundred Fifty Dollars and No Cents ($18,750.00). The City understands and agrees that the County's total cost participation for the Project shall not exceed Twenty One Thousand Dollars and No Cents ($21,000.00) without written concurrence by the County Engineer. After an award by the City to the successful bidder on the Project, the City shall invoice the County for ninety five (95) percent of the County's participating share of the construction costs for the Project estimated to be $17,812.50. The remainder of the County's share of the construction costs, estimated to $937.50, will be due the City upon the completion of the Project, and upon review and approval of the Project by the County Engineer or designated representative. Upon approval of the Project by the County Engineer or designated representative the City shall submit its final invoice to the County. The County will within forty five (45) days of said invoices, deposit with the City funds totaling the amount of the invoice. Agreement No. PW 22-01-12 CSAH 3, C.P. 1215 k III It is understood and agreed by the parties hereto that upon completion of the Project, the sidewalk included in the Project 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. I EN All records kept by the City and the County with respect to the Project shall be subject to examination by the representatives of each party hereto. X 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 parry and the results thereof. The County's and the City's liability is governed by the provisions 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. XI 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, 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 ownership, 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 Minnesota Statutes, Chapter 466 or other applicable law. The County agrees to defend, indemnify, and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the improvements constructed as part of the Project. The County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. -4-/�— Agreement No. PW 22-01-12 CSAH 3, C.P. 1215 XII The City also agrees that any contract let by the City or its agents for the performance of the work on County State Aid Highway No. 3 as provided herein shall include clauses that will: 1) Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and employees harmless from any liability, causes of action, judgments, damages, losses, costs or expenses including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the Contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the following: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse and Underground Property Damage (XCU) Liability coverages: Limits General Aggregate $2,000,000 Products --Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $1,500,000 Each Occurrence - Combined Bodily Injury and Property Damage $1,500,000 Hennepin County shall be named as an additional insured for the Commercial General Liability coverage with respect to operations covered under this Agreement. 2. Automobile Liability: Combined Single limit each occurrence coverage or the equivalent covering owned, non -owned, and hired automobiles: $1,000,000 3. Workers' Compensation and Employer's Liability: A. Workers' Compensation Statutory If the Contractor is based outside the State of Minnesota, coverages must apply to Minnesota laws. B. Employer's Liability - Bodily injury by: Accident - Each Accident $500,000 Disease - Policy Limit $500,000 -5- \A/_� Disease - Each Employee 4. Professional Liability — Per Claim Aggregate Agreement No. PW 22-01-12 CSAH 3, C.P. 1215 $500,000 $1,500,000 $2,000,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the City's Contractor to determine the need for and to procure additional insurance which may be needed in connection with said Project. All insurance policies shall be open to inspection by the County and copies of policies shall be submitted to the County upon written request. It is further 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 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 County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees 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. XIV 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 shall manage this Agreement on behalf of the County and serve as liaison between the County and the City. - 6 - vAi\,-- Agreement No. PW 22-01-12 CSAH 3, C.P. 1215 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. XV 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 subject 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 writing as an amendment to this Agreement signed by the parties hereto. XVI The whereas clauses are incorporated herein and are hereby made a part of this Agreement. XVII 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 22-01-12 CSAH 3, C.P. 1215 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF HOPKINS (Seal) By: Mayor Date: Manager Date: COUNTY OF HENNEPIN ATTEST: By: By: Deputy/Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: zd B&aw— Y4-�t c Cpounty Attorney Date: APPROVED AS TO EXECUTION: By: Assistant County Attorney And: County Administrator Date: And: Assistant County Administrator, Public Works Date: RECOMMENDED FOR APPROVAL By: Director, Transportation Department and County Engineer Date: Date: -8- \1 �