21-089 Approving Cost Share Agreement with the City of Greenwood for Shorewood's Share of Costs to Rehabilitate a Portion of Minnetonka BoulevardCITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 21 — 089
RESOLUTION APPROVING COST SHARE AGREEMENT WITH THE CITY OF
GREENWOOD FOR SHOREWOOD'S SHARE OF COSTS TO REHABILITATE A PORTION
OF MINNETONKA BOULEVARD
WHEREAS, Shorewood submitted a grant application to the State of Minnesota on behalf of
Shorewood, Greenwood, and Deephaven for the rehabilitation of Minnetonka
Boulevard; and,
WHEREAS, The grant application was not awarded, and,
WHEREAS, The City of Greenwood is proceeding with their portion of the roadway
improvement project, and bid the project for the entire road segment and inquired
if Shorewood would reimburse Shorewood -related costs for the project; and,
WHEREAS, Shorewood has sufficient funds remaining in the 2021 Mill and Overlay street
project due to favorable bidding; and
WHEREAS, City staff has reviewed the project bid results and estimates and recommends
that the City Council proceed with the project,
NOW THEREFORE BE IT RESOLVED by the Shorewood City Council:
1. That the bid results are favorable and better than the city could receive if it bid the
project separately.
2. There is value in the roadway being under construction one time.
3. Finds that Shorewood's costs are reasonable.
4. Approves the attached cost -share agreement with the City of Greenwood reimbursing an
estimated $75,165.67 project costs, and approximately $18,000 in engineering costs.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 231 day of August,
2021.
bM4 _(W
Sandie Thone, City Clerk
_61
JerKifer Calbadie, Mayor
COST -SHARING AGREEMENT
THIS COST -SHARING AGREEMENT (the "Agreement") is entered into this day
of , 2021 by and between the City of Shorewood, a municipal corporation under the
laws of Minnesota ("Shorewood"), and City of Greenwood, a municipal corporation under the
laws of Minnesota ("Greenwood"). That Shorewood and the Greenwood may hereinafter be
referred to individually as a "Party" or, together, the "Parties."
RECITALS
A. Greenwood intends to undertake overlay improvements to Minnetonka Boulevard, a local
city street located on the municipal boundary of Greenwood and Shorewood as depicted in
the attached Exhibit A (the "Project").
B. Greenwood is willing to construct the Project if Shorewood agrees to share in the costs,
and the Parties acknowledge that absent this Agreement and Shorewood's financial
contributions toward the Project, that Greenwood would choose not to undertake to
construct the full scope of the Project, particularly those elements that directly benefit
Shorewood.
C. Greenwood has obtained Project bids and has estimated a post -bid total Project cost of
$75,165.67 based on bid quantities, which is contained on the attached Exhibit B (the
"Post -Bid Estimate") along with an estimated $18,000 in engineering fees. The Post -Bid
Estimate includes those elements that are within Shorewood's municipal boundary.
D. The Parties wish to specify their respective responsibilities for Project costs as provided
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, the Parties agree as follows:
1. Cost -Sharing Obligation; Project Construction. Upon execution of this Agreement,
Shorewood hereby agrees to pay Greenwood $75,165.67, plus an estimated $18,000 in
engineering fees which is identified thereon as the percentage attributable to the Project
elements that directly benefit Shorewood. Upon such payment, Greenwood will endeavor
to complete the Project, including the aforementioned elements, in accordance with the
approved Project plans on file with Greenwood and subject to any modifications it deems
necessary and in its sole discretion.
2. Project Completion; Final Cost Determination. The Project shall be completed by
Greenwood on or before October 1, 2021, subject to unavoidable delays that are otherwise
beyond Greenwood's control. Within 30 days of Project completion and final payment by
Greenwood to its contractor and an accounting of all Project costs, which include
4820-2711-8834.2
engineering, administration, and observation, Greenwood shall request a reimbursement
for payment to Shorewood.
3. Access to Shorewood Property; Communications. Shorewood hereby authorizes
Greenwood, its agents, contractors, and employees to access Shorewood's property and
any area contained thereon as it deems reasonably necessary in order to construct the
Project. At Shorewood's request, the Greenwood shall communicate Project plans and
timelines with Shorewood and keep Shorewood informed as to the same.
4. Termination. This Agreement shall terminate upon Project completion and, if required
pursuant to Section 2.
5. Governing Law and Amendments. This Agreement shall be governed by the laws of the
State of Minnesota and may only be modified or amended with the written consent of both
Parties.
6. Binding Agreement. This Agreement constitutes the entire agreement between the Parties
regarding this matter and is binding on the Parties until it expires or is terminated as
provided herein.
7. Indemnification. Greenwood and Shorewood agree to indemnify and hold the other, its
successors, and assigns, harmless from all claims, demands, damages, assessments, costs
and expenses, including attorneys' fees, arising out of or relating to the Project.
8. Not Construed Against Drafter. The language of this Agreement shall not be interpreted
in favor of or against any Party as the drafter of this Agreement.
9. Incorporation. The recitals contained herein and the exhibits attached hereto are
incorporated in and made part of this Agreement.
10. Representations. Each Party executing this Agreement represents to the other that those
signing below on its behalf are authorized to enter into this Agreement and to bind its
organization to its terms and conditions.
11. Counter2arts. For the convenience of the parties, any number of counterparts hereof may
be executed and each such executed counterpart shall be deemed an original, but all such
counterparts together shall constitute one and the same Agreement.
[signature pages to follow]
2
4820-2711-8834.2
IN WITNESS WHEREOF, the parties to this Cost -Sharing Agreement have caused these
presents to be executed as of the day and year aforesaid.
CITY OF GREENWOOD
Debra Kind, Mayor
Nalisha Williams, City Clerk
CITY OF SHOREWOOD
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
4820-2711-8834.2
EXHIBIT A
A-1
4820-2711-8834.2
10,146,11
4820-2711-8834.2
COST EXHIBIT A
APPORTIONMENT
2021 STREET IMPROVEMENTS
CITY OF GREENWOOD, MN
ITEM
NO. ITEM
APPROX.
NOTES QUANT.
UNIT
BID
CITY OF GREENWOOD
CITY OF SHOREWOOD
UNIT PRICE AMOUNT
QUANTITY AMOUNT
QUANTITY
AMOUNT
BASE BID
1 MOBILQATION
1
LUMP SUM
$7,500.00
57,50000
0.50
$3,750.00
0.50
$3,750.00
2 TRAFFIC CONTROL
1
LUMPTUM
$6,90000
56,90000
0.50
$3,45000
0.50
$3,450.00
3 REMWE STORM STRUCTURE IANY 1111
1
EACH
$700.00
570000
0.50
$350.00
0.50
sm..00
0 FULL DE PTH RECLAMATION HP DEPTH)
4500
SQYD
$3.30
$5,850.00
2,250.C10
$2,92500
2,25000
$2,925.00
5 SAWCUT BITH MINOUS (ANY THICKNESS)
.1
LIN FT
$001
$385
19300
5193
19200
51.92
6 COMMON E%CAVATION 111
1W
CUYD
$3,W
53WDO
50.00
$18DOU
50.CO
STRUM
] RE MOVE EMESS RECLAIM MATERIAL (LV)
65U
CUYD
$18.00
$11,700.00
325 GO
$5,850.00
325 NO
$5,85D.
8 RESUSE E%CEST RECLAIM FOR TI1All(N)(P)
80
CUYD
$13.50
$3,080.00
8000
$1,080.00
9 REMMEBRUMIHOOS TRAIL LAW THICKNESS)
300
SQYD
54W
$1,200.00
30000
5L,200.00
10 TYPE SP 12.5 NON -WEARING COURSE MIX (3,0)
5.
TON
$74.(IO
$39,220..
265.00
$19,61000
26500
$19,610.00
33 TYPE SP 9.5 WEARING COURSE MI%(3,B)
I.
TON
$74.70
$39,591.00
265.00
5191795.50
265.00
539,795.50
12 TYPE SP 9.5 WEARING COURSE MIX (2,R) (TRAIL)
L.
TON
59300
$9,30000
100.00
$9,300.00
13 BITUMINOUSCURS
765
LIN ET
$7.00
$5,355IO
382.50
$2,677,50
382.50
$2,677.50
14 AOeOT MANHOLE
4
EACH
$1,275.00
551100.00
2.00
$1,550.00
200
$2,55000
15 12' RC PIPE SEWER LCL V)
3U
LIN ET
$12000
$3,60DO0
1500
$1.8OD
15'.
$1180"00
16 CONSTRUCT DRAINAGE STRUCTURE IDES 2'%3')
3
EACH
$2,350.00
$7,050.00
1..
53,S1500
I-
$3,525DO
1] CONSTRUCT 0" DRAINAGE STRUCTURE
]
EACH
$3,220.00
$3,22000
0.50
51,610.D0
0.50
$1,6100O
18 CONN ECT TO EXISTING STORM SEWER
2
EACH
$57000
51..ELL
I.00
$570.00
]DO
5570.00
19 CHIMNEY SEAL
4
EACH
$215.00
586000
20J
$430.00
2,00
$43000
20 STORM DRAIN INELT PROTECTION
5
LIN FT
$130.00
$6.GO
2.50
$32500
2.SO
$32500
21 B101W
2.
IN ET
53.55
$71000
ID000
$35500
1110.00
$355.00
22 TOP5011BORROWILV)
60
CUYD
$72,20
$4,332.00
3000
$2,166W
30.G0
$2,166.00
23 HYOROMULCH(WITH 25-1515EED MIX)
6U0
TQYO
$2A5
51,47000
3000K)
$73500
30000
$73500
24 SOO, TYPE LAWN
90
SQYD
$27.25
$2,452,50
4500
$1,226,25
45.00
$1,226.25
25 4-INCHE DOUBLE YELLOW
I-
LINK
$0,62
$72540
58500
$362.70
585.00
5362.70
26 4-INCHE WHITE
263.
LIN ET
$0.32
SM EO
1,315.W
$420.80
1,31500
$420.80
27 LANDSCAPE ALLOWANCE
1
ALLOWANCE
$1,000.00
$1,000.00
0.50
$50000
0.50
$SDOCQ
$1611911435
$86,745.68
$)5,365.67
CITY OF GREENWOOD
CONSTRUCTION PLANS FOR
2021 STREET IMPROVEMENTS
STREET & STORM SEWER CONSTRUCTION OF
MINNETONKA BOULEVARD
JULY,2021
SNEETTITLE