CR 2014-032 Approve Construction Cooperative Agreement with Hennepin County and the City of Minnetonka for Shady Oak Road ReconstructionMarch 27, 2014 "0 P K INS Council Report 2014-032
Approve Construction Cooperative Agreement with Hennepin County and the City of
Minnetonka for Shady Oak Road Reconstruction
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize the
Mayor and City Managerto sign Hennepin Coun� Agreement # PW 38-01-13 an
agreement setting conditions of city cost participation and maintenance regarding the
Shady Oak Road reconstruction project.
Overview.
Having approved the final construction plans for the Shady Oak Road reconstruction
project, City Council now must consider approval of the proposed construction
cooperative agreement. This agreement sets the cost participation and maintenance
responsibilities between the three parties, Hennepin County and Cities of Hopkins and
Minnetonka. Staff and the City Attorney's office have reviewed the agreement and
recommends City Council approval.
Primary Issues to Consider.
• What are the details of the agreement regarding city costs and maintenance
responsibilities?
Supporting Information
• County Agreement PW 38-01-13
Steven J. Stadler
Public Works Director
Financial Impact: $4,257,500 est. Budgeted: yes Source: Municipal State Aid, PIR,
Sanitary Sewer, Water and Storm Sewer utility funds, special assessments
Related Documents (CIP, ERP, etc.): _
Notes:
Council Report 2014-032
Page 2
Analysis of Issues
What are the details of the agreement regarding city costs and maintenance
responsibilities?
HOPKINS COSTS:
Item
Estimated city cost
REAL ESTATE ...................................... $2,832,500
ROAD CONSTR + ENGRG/INSPECTION....... $350,000
ELECTRICALUNDERGROUNDING ...............$220,000*
STREET LIGHTING.....................................$75,000**
WEST PARK RD + 21ST AVE N .................... $190,000 (roadway only)
UTILITIES ................................................$490,000
LANDSCAPING ........................................ $100,000
TOTAL ...................................................$4,257,500
*Costs split with Minnetonka, Henn Cty pays 50%
**Costs split with Minnetonka, Henn Cty pays 33%
ITY FUNDING:
MSA funds..............$3,577,500
PIR funds..................$150,000
Utility funds...............$430,000
Special Assessments ... $100,000
ESTIMATED CONSTRUCTION FUNDING
City of Hopkins: $975,387.00 (includes est $10,000 for County -supplied signal
equipment + West Park Road, 21s' Ave and Mainstreet reconstruction)
Hennepin County: $2,298,399
City of Minnetonka: $428,561.00
State of Minnesota: $843,736
Federal Funding: $7,280,000
TOTAL: $11,826,083.00
Hennepin County REPP reimbursement funds include: 50% share of the electrical
undergrounding work (est. $317,500), 33% of the new street lighting cost (est. $73,480)
and 33% of the screen fence and monument cost (est. $48,000). Additionally, the County
will contribute $118,023 toward landscaping costs.
Council Report 2014-032
Page 3
2014 CIP budget amounts: MSA - $2,805,000; PIR - $280,000; Storm Sewer - $230,000;
Water - $350,000; Sanitary Sewer - $225,000; Special Assessments - $120,000
MAINTENANCE:
City of Hopkins is responsible for maintenance of streetscape/landscape elements,
retaining walls, screen fencing and storm water facilities with the exception of the County
roadway catch basins and lead pipes.
City of Hopkins is responsible to replace the batteries in the battery backup system for
the Mainstreet/Shady Oak Road traffic signals.
ADDITIONAL:
The Cities of Hopkins and Minnetonka are working cooperatively on the contracts for
street lighting, landscaping, and the Xcel Energy contract for electrical undergrounding.
The cooperative agreement states that these contracts or agreements will be with the City
of Minnetonka and Hopkins will reimburse Minnetonka its share of these costs within 45
days of receipt of an itemized invoice.
The County agrees to use its best efforts to sell at the most favorable price Parcel 43,
which is the northernmost parcel on the west side of West Park Road. The City will
receive 50% of the proceeds from the sale.
Agreement No. PW 38-01-13
County Project No. 9112
County State Aid Highway No. 61
City of Hopkins
City of Minnetonka
County of Hennepin
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into this day of
,20 by and among the County of Hennepin, a body politic and
corporate under the laws of the State of Minnesota ("County"), and the City of Hopkins, a
municipal corporation under the laws of the State of Minnesota ("Hopkins"), and the City of
Minnetonka, a municipal corporation under the laws of the State of Minnesota ("Minnetonka");
Minnetonka and Hopkins are collectively referred to as the "Cities".
RECITALS
A. The County and the Cities have been negotiating to bring about the complete
reconstruction of County State Aid Highway No. (CSAH) 61 (Shady Oak Road) from
CSAH 3 (Excelsior Boulevard) to north of Trunk Highway 7 as shown on the County
Engineer's plans for County Project No. (C.P.) 9112; the improvements contemplate and
include grading, bituminous surfacing, retaining walls, storm sewer, sanitary sewer,
watermain, traffic signals, landscaping and other related improvements (the "Project");
and
B. The Project lies within the corporate limits of the Cities; and
C. The County Engineer has prepared an Engineer's Estimate of quantities and unit prices
for the Project in the sum of Eleven Million Eight Hundred Two Thousand Three
Hundred Forty Seven Dollars and No Cents ($11,802,347.00). A copy of the estimate,
marked Exhibit "A", is attached and made a part of this Agreement; and
D. The Cities have indicated their willingness to participate in the construction, engineering,
right of way and maintenance costs of the Project as detailed below; and
E. The construction costs for the Project will be comprised of federal funds, municipal and
county state aid funds, state funds, and local funds; and
F. To ensure compatibility with the County's existing network of traffic signal systems the
County will furnish the controller, control equipment and control cabinet to be installed at
the intersection of CSAH 61 and Main Street as a part of the Project; and
G. The Project includes work along Trunk Highway (TH) 7 and at its intersection with CSAH
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
61, for which the County and the Minnesota Department of Transportation will enter into
a cooperative agreement (Hennepin County Agreement No. 58-40-13);
H. The Cities and County previously entered into Hennepin County Agreement No. 04-01-
07, dated December 5, 2012, for the acquisition of new right of way, permanent
easements, and temporary easements to construct the Project; and
I. The County has Roadside Enhancement Partnership Program (REPP) funds available and
will participate in the costs with REPP funds to bury overhead electrical power lines and
construct street lighting in Hopkins and Minnetonka; and
J. Minnetonka will enter into one or more separate contracts to underground overhead
electrical power lines and to provide street lighting in Hopkins and Minnetonka; and
K. The County also has Roadside Enhancement Partnership Program (REPP) funds available
to participate in the costs to provide for monuments and fencing in Hopkins and
Minnetonka as part of the construction contract for the Project; and
L. The County will participate in the costs to replace trees and provide associated
landscaping in Hopkins and Minnetonka via a separate project referred to as the
"Landscaping Project; and
M. Minnetonka is responsible to develop the plans and administer construction of the
Landscaping Project; and
N. Hopkins has hired the consulting engineering firm of WSB and Associates to provide
design and contract engineering services for the Project; and
O. This Agreement is made pursuant to Minnesota Statutes2012, Section 162.17,
Subdivision 1 and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
The County will advertise for bids for the work and construction of the Project, receive
and open bids pursuant to said advertisement and will enter into a contract with the successful
bidder at the unit prices specified in the bid of such bidder, according to law. The contract will
include the plans and specifications prepared by the County, which plans and specifications are
referenced and identified as S.P. 027-661-046, S.P. 142-020-043, S.P. 132-020-016, S.P. 2706-
235, STPM 2714(014) and approved by the Minnesota Department of Transportation (MnDOT).
II
The County will administer the construction contract and inspect the construction of the
contract work and will be responsible for the supervision of the work. The Cities' Engineers or
2
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
designated representatives have the right, as the work progresses, to enter upon the job site to
make any inspections deemed necessary and will cooperate with the County Engineer and staff at
their request to the extent necessary. The parties acknowledge that Hopkins has hired the
consulting engineering firm of WSB and Associates to assist the County in its inspection of
municipal construction included in the Project as specified elsewhere in this Agreement.
The Cities agree that the County may make changes in the plans or in the character of the
contract construction as reasonably necessary to cause the construction to be performed and
completed in a satisfactory manner. The Cities also agree that, subject to the limitations in this
section, 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, within the original
scope of the Project. Those changes may result in an increase or decrease to the Cities'
estimated cost participation-.
The Cities have the right to review any proposed changes to the plans and specifications
as they relate to the Cities' cost participation prior to the work being performed. The Cities'
Engineer or designated representatives have the right to approve any change orders or
supplemental agreements prepared by the County that affect the Cities' share of the construction
cost.
The Cities further agree that they will participate in the settlement of any claims from the
County's contractor that allege the Cities' unreasonable delays in approving plan or specification
changes deemed necessary by the County Engineer or staff. The Cities agree to participate
financially in such claims, commensurate with the percentage of delay directly attributable to the
Cities' actions.
III
The Cities agree to participate in the costs of the contracted construction work for the
Project as set forth in said Exhibit "A". The respective proportionate shares of the pro -rata pay
items included in Exhibit "A" will remain unchanged throughout the life of this Agreement. The
parties acknowledge that the estimated amount on Page 1 of this Agreement and shown in
Exhibit "A" is an estimate of the costs for the contracted construction work on the Project and
that the unit prices set forth in the contract with the successful bidder and the final quantities as
measured by the County Engineer's designated representatives will govern in computing the total
final contract construction cost for apportionment purposes. The parties agree that the final
quantities as measured by the County Engineer's designated representatives for contract pay
items in which the Cities are participating are subject to review and approval by the Cities'
Engineer.
IV
The parties acknowledge that the terms and conditions for the acquisition of new right of
way, permanent easements, and temporary easements necessary to construct the Project were
previously established in Hennepin County Agreement No. 04-01-07, dated December 5, 2012
between the Cities and the County.
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Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
The County agrees to use its best efforts to sell at the most favorable price Parcels 21
(segment west of new frontage road) and 43 as shown on Sheets 3 and 4 of the Right of Way
Exhibit for Hennepin County Agreement No. 04-01-07. The parties further agree that
Minnetonka and the County will share the proceeds from such sales at the same percentage split
used to acquire those parcels.
.The Cities agree to waive all city permit fees for disconnecting public utilities, including
but not limited to sewer and water utilities, for all the properties acquired in total as part of the
Project.
V
The County, at its sole cost and expense, has conducted a Phase I Environmental
Assessment (ESA) on the Project. If a Phase II ESA is required on any parcel, the parties agree
that the Cities will reimburse the County for all costs the County incurs for the completion of the
future Phase II ESA, at the same percentage used to acquire the parcel. If a Phase II ESA
identifies contamination within the new right of way for the Project that must be abated, the
County will hire consultants and contractors as necessary to perform the necessary abatement of
the roadway right of way and obtain approval of the Minnesota Pollution Control Agency. Any
abatement required may be accomplished under a separate project or may be included in the
Project.
The County will investigate and exhaust all available options for payment of costs
incurred related to any future Phase II ESA. This includes, but is not limited to, responsible
parties and governmental agencies. The Cities agree to reimburse the County, at the same
percentage used to acquire the parcel, all costs incurred by the County within the respective city
for the completion of the environmental work performed on parcels associated with this Project
for which the County does not receive reimbursement from other sources.
W
In addition to its share of the contracted construction costs for the Project, Minnetonka
agrees to pay to the County ten (10) percent of Minnetonka's share of the contracted construction
costs as its share of the engineering design costs for the Project, as set forth in the Division of
Cost Summary in Exhibit "A".
Minnetonka also agrees to reimburse the County for Minnetonka's proportionate share of
the construction engineering costs for the Project, equal to eight (8) percent of Minnetonka's
share of final contract construction costs for the Project. Minnetonka's estimated share of
contract administration costs is shown in Exhibit "A". The parties acknowledge the amounts
shown in Exhibit "A" are estimates and that Minnetonka's actual share of contract administration
costs will be computed using Minnetonka's share of the final contract construction costs for the
Project.
In addition to its share of construction costs for the Project, Hopkins' agrees to pay the
County for design engineering costs equal to ten (10) percent of Hopkins' share of final contract
construction costs for the Project, except for those construction costs shown in the "Non -
4
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Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
Participating Hopkins Local" and "Non -Participating Hopkins Storm Sewer" columns in the
attached Exhibit "A". Hopkins' share of the design engineering for those costs shall be zero for
those columns. The reduced allocation for design engineering costs is in consideration for
Hopkins having hired the consulting engineering firm of WSB and Associates to perform design
services on municipal construction included in the Project.
Hopkins also agrees to reimburse the County for Hopkins' share of construction
engineering costs, equal to eight (8) percent of the Hopkins' share of final contract construction
costs for the Project, except for the Hopkins' construction costs shown in the "Non -Participating
Hopkins Local" and "Non -Participating Hopkins Storm Sewer" columns in the attached Exhibit
"A"; provided, that Hopkins' construction costs will include the following pay items.
Pay Item: 2540.602 "Entry Monument A"
Pay Item: 2540.602 "Entry Monument B"
Pay Item: 2557.603 "Wooden Fence"
Hopkins' share of the construction engineering for "Non -Participating Hopkins Local"
and "Non -Participating Hopkins Storm Sewer" costs- is four (4) percent of the total final amount
of said columns minus the pay items listed above. The reduced allocation for construction
engineering costs is in consideration of Hopkins having hired the consulting engineering firm of
WSB and Associates to perform construction inspection on municipal construction included in
the Project. The parties acknowledge that the amounts shown in Exhibit "A" are estimates and
that Hopkins' actual share of the contract administration costs will be computed using Hopkins'
share of the final contract construction costs for the Project.
VII
After the County has awarded the contract for the Project, the County will invoice the
Cities for ninety five (95) percent of each City's estimated share of the contract construction
costs and engineering costs for the Project. Each City must pay the County the full amount due
stated on the invoices within forty five (45) days of the invoice date, by check payable to the
Hennepin County Treasurer. The estimated Cities' shares will be based on actual contract unit
prices applied to the estimated quantities shown in the plans.
If the County Engineer or the County's staff determines the need to amend the
construction contract with a supplemental agreement or change order that results in an increase
in the contract amount for the Project, each City agrees to remit within forty five (45) days of
notification by the County, an amount equal to ninety five (95) percent of that City's share as
documented in the supplemental agreement or change order.
After County acceptance of the work and upon the construction contractor's submittal of
a final payment request, the County will calculate each City's respective shares of the Project
costs (including construction costs, construction engineering costs, design engineering costs, and
contract administration costs), according to the terms of this Agreement. The County will
provide each City with an itemized invoice detailing the total costs and the method of
determining each City's share of costs. Each City agrees to remit payment within forty-five (45)
W`-
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
days of receipt of the invoice. If the amount previously paid by a City exceeds that City's final
share of costs, within 45 days after the County makes final payment to the contractor, the County
will refund the difference between the amount deposited by that City and the City's final share of
Project costs.
The County will supply the traffic signal cabinet, controller and control equipment,
including the emergency vehicle preemption (EVP) cards, and video detection equipment
(County Supplied Equipment) for the traffic control signal system installed at the intersection of
CSAH 61 and Main Street as apart of the Project. Hopkins agrees to reimburse the County for
fifty percent of the cost for the County Supplied Equipment as set forth in the Division of Cost
Summary in Exhibit "A". The estimated cost to Hopkins for the County Supplied Equipment is
Ten Thousand Dollars and No Cents ($10,000.00). The County will submit an itemized invoice
to Hopkins for the County Supplied Equipment (estimated to be summer, 2014). Hopkins agrees
to remit payment to the County for the full amount due stated on the invoice within forty five
(45) days of the invoice date.
The parties acknowledge that the estimate of the costs of the County Supplied Equipment
is an estimate and that the actual quantities of equipment, as determined by the County Engineer
will govern in computing the total final cost to Hopkins.
The parties understand that MnDOT will supply the traffic signal control equipment to be
installed at the intersection of CSAH 61 and Trunk Highway 7 as part of the Project.
IX
Minnetonka agrees to develop all the necessary construction plans, specifications and
proposals for the Landscaping Project. The construction documents must be developed in
accordance with the attached "HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS -
TRANSPORTATION DIVISION; RECOMMENDED URBAN LANDSCAPE/STREETSCAPE
GUIDELINES" (marked Exhibit "B") which is made a part of this Agreement.
The Landscaping Project must include the plans and specifications prepared by
Minnetonka or its agents and approved by the County and by the Minnesota Department of
Transportation Division of State Aid for Local Transportation. It is understood that all work to
be performed under the Landscaping Project must be commenced upon completion of the
construction activities of the Project. It is anticipated that the CSAH 61 corridor will be ready
for landscaping activities in calendar year 2016.
Minnetonka agrees to administer the Landscaping Project and perform the required
engineering, inspection and testing for the Landscaping Project. The County Engineer and staff
have the right, as work progresses, to make any inspections deemed necessary, but will have no
responsibility for supervision of the work.
The County will participate in the costs of the Landscaping Project. The County's
maximum participation in the costs of the Landscaping Project may not exceed one percent (1%)
0
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
of the Project's contract construction costs as shown in Exhibit "A". For informational purposes
only, the County's maximum share of the costs for the Landscaping Project has been estimated
to be $118,023.00 (1% of $11,802,347.00). The parties acknowledge that the amounts shown in
Exhibit "A" are estimates and that the County's actual share of Landscaping Project costs will be
computed based upon the final Landscaping Project costs.
The County will pay its share of the Landscaping Project cost directly to Minnetonka
rather than applying its share as a credit against Minnetonka's proportionate share of Project
costs . Upon completion of the Landscaping Project, Minnetonka will submit an itemized
invoice to the County for one hundred (100) percent of the County's share of the costs for the
Landscaping Project, with supporting documentation for all invoiced costs. The County agrees
to remit payment to Minnetonka within forty five (45) days after receipt of the invoice.
Hopkins agrees to reimburse Minnetonka for fifty (50) percent of Landscaping Project
costs, within forty-five (45) days after receipt from Minnetonka of an itemized invoice detailing
the total costs incurred and the calculation of Hopkins' share of costs.
X
In conjunction with the Project, Minnetonka will enter into one or more separate
agreements to accomplish the underground relocation of the electrical power lines and street
lighting within Minnetonka and Hopkins. It is understood that all work -to be performed by
Minnetonka's contractor(s) must be done either in conjunction with or prior to the start of the
construction activities of the Project. Minnetonka agrees to contractually require its contractor(s)
to coordinate its/their activities with the County's construction contractor for the Project. It is
understood that as a consequence of the burial of overhead electrical power lines, individual
service feeds for the residences and businesses may need to be rewired in a manner to make the
service feeds compatible with the newly buried electrical power lines. The Cities agree that each
City is responsible to coordinate with Xcel Energy and the affected property owners regarding
any individual service feed rewiring that may be required or desired.
The County, through its Roadside Enhancement Partnership Program (REPP), will
participate in a proportionate share of the costs to underground overhead power lines and
construct street lighting. As set forth in the County's Cost Participation Policy, the County's
proportionate share of utility burial costs eligible for this funding source is fifty (50) percent and
may not exceed $500,000.00 per center line mile. For informational purposes, the County's
estimated share for these costs is $317,500.00. Similarly, as set forth in the County's Cost
Participation Policy, the County's proportionate share of the street lighting costs eligible for this
funding source is thirty three (33) percent. For informational purposes, the County's estimated
share. for these costs is $73,480.00. The parties acknowledge that the stated amounts are
estimates and that the County's actual share of utility burial costs and street lighting costs will be
determined in accordance with the County's Cost Participation Policy, based upon the final
utility burial and street lighting costs.
The County will pay its share of utility burial and street lighting costs directly to
Minnetonka rather than applying its share as a credit against Minnetonka's proportionate share of
the Project costs . Upon completion of the work by Minnetonka's undergrounding and street
7
Agreement No. PW 3 8-01-13
CSAH 61; C.P. 9112
lighting contractor(s) and acceptance of the work by Minnetonka's Engineer or a designated
representative, Minnetonka will submit an itemized invoice to the County for one hundred (100)
percent of the County's share of the costs. The County agrees to remit payment to Minnetonka
within forty five (45) days after receipt of the invoice.
Hopkins agrees to reimburse Minnetonka for fifty (50) percent of the utility burial and
street lighting costs, within forty-five (45) days after receipt from Minnetonka of an itemized
invoice detailing the total costs incurred and the calculation of Hopkins' share of costs.
M1
The proportionate shares of the various costs associated with the Project have been
identified and set forth in Articles III through X of this Agreement. All of those costs are
included in tabular format in Exhibit "A". The estimated amount that Hopkins is to pay the
County as a result of this Agreement is $975,387.00 (construction costs, engineering, traffic
signal equipment). The estimated amount that Minnetonka is to pay the County as a result of this
Agreement is $482,561.00 (construction costs, engineering). The parties acknowledge that the
stated amounts are estimates and that the actual payment amounts will be based on actual costs
and contract unit prices, as specified elsewhere throughout this Agreement.
As previously referenced, the Project will be partially funded with federal funds
($7,280,000.00). The parties agree that the Cities' estimated shares of the Project construction
costs will be proportionately reduced by those construction costs that are eligible for federal cost
participation. As shown in Exhibit "A", Hopkins' estimated construction cost share for those
items eligible for federal cost participation has been reduced by $420,199.00. Similarly,
Minnetonka's estimated construction cost share for those items eligible for federal cost
participation has been reduced by $428,562.00.
F"
All payments due to a party must be postmarked by the date due or a late penalty of one
(1) percent per month, or fraction thereof, on the unpaid balance will be charged to the non-
paying party. Each party must pay the amount due as stated on the statement, notwithstanding
any dispute of such amount. Should a disputed amount be resolved in favor of the disputing
party, the party who received payment must reimburse the disputed amount plus daily interest
thereon calculated from the date the disputed amount was received by that party. Daily interest
will be calculated at the rate of one (1%) percent per month on the disputed amount.
XIII
All records kept by the Cities and the County with respect to the Project are subject to
examination by the representatives of each party to this Agreement.
XIV
The County reserves the right not to issue any permits for a period of five (5) years after
completion of the Project for any service cuts inthe roadway surfacing of the County Highways
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
included in the Project for any installation of underground utilities that would be considered as
new work; service cuts must be allowed for the maintenance and repair of any existing
underground utilities.
XV
As part of the Project, "No -Parking" signs will be installed as represented in the plans
and the Cities, at their expense, agree to provide the enforcement for the prohibition of on -street
parking on those portions of CSAH 61 constructed under this Project, recognizing the concurrent
jurisdiction of the Sheriff of Hennepin County.
The Cities agree not to modify the above parking restrictions without first obtaining a
resolution from the Hennepin County Board of Commissioners permitting the modification.
The Cities, at their own expense, agree to remove and replace city owned signs that are
within the construction limits of the Project if requested by the County's Project Engineer.
rXIIJ I
Hopkins must install, cause the installation of, or perpetuate the existence of an adequate
three wire, 120/240 volt, single phase, alternating current electrical power connection to the
permanent traffic control signals, flashers and integral street lights at the intersection of CSAH 3
and CSAH 61, and at the intersection of CSAH 61 and Main Street, at no cost to the County.
Further, Hopkins agrees to provide the electrical energy for the operation of those traffic control
signals, flashers and integral streetlights at no expense to the County.
Minnetonka must install, cause the installation of, or perpetuate the existence of an
adequate three wire, 120/240 volt, single phase, alternating current electrical power connection
to the permanent traffic control signal, flashers and integral street lights at the intersection of
CSAH 61 and Trunk Highway 7, at no cost to the County. Further, Minnetonka agrees to
provide the electrical energy for the operation of said traffic control signal, flashers and integral
streetlights at no expense to the County. It is understood by the parties that Minnetonka will
enter into a separate agreement with the Minnesota Department of Transportation for operation
of that traffic control signal.
The County agrees to provide traffic signal service cabinets designed for battery backup
in case of electrical power outages at the intersection of CSAH 3 and CSAH 61, and at the
intersection of CSAH 61 and Main Street. The County or its agents will be responsible for
providing the initial batteries, inverter and cabling for said service cabinets, at County expense.
Hopkins is responsible for providing replacement batteries for the service cabinets at its sole cost
and expense. Hopkins agrees to replace the batteries as necessary to keep the battery backup
systems operational. If Hopkins fails to replace the batteries, the County will replace the
batteries and Hopkins must reimburse the County for its costs.
XVII
The Cities agree not to revise by addition or deletion, nor alter or adjust any component,
9
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Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
part, sequence, or timing of the traffic control signals referenced in article XVI above, however,
nothing in this Agreement may prohibit prompt, prudent action by properly constituted
authorities in situations where a part of the traffic control signals may be directly involved in an
emergency.
XVIII
Upon completion of the Project, the County agrees to maintain and repair the traffic
control signal systems installed as a part of the Project at the intersection of CSAH 3 and CSAH
61, and at the intersection of CSAH 61 and Mainstreet, all at the sole cost and expense of the
County. The required maintenance includes all EVP components. Further, the County, at its
expense, agrees to maintain the wire to the line side of the fuse in the base of the signal poles for
the integral streetlights. Hopkins, at its expense, agrees to maintain the fuse, the luminary and
the wire to the load side of the fuse in the base of the signal poles.
The EVP Systems provided for in this Agreement must be installed, operated, maintained
or removed in accordance with the following conditions and requirements:
1. Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The Cities will
provide the County Engineer or his designated representative a list of all such vehicles
with emitter units.
2. Malfunctions of EVP Systems should be reported to the County immediately.
In the event the EVP Systems or components are, in the opinion of the County, being
misused or the conditions set forth in this Agreement are violated, and the misuse or
violation continues after receipt by a City of written notice thereof from the County, the
County may remove the EVP Systems. Upon removal of the EVP Systems pursuant to
this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads,
indicator lamps and all other components will become the property of the County.
4. The County will determine all timing of the EVP Systems.
Upon completion of the Project, all water distribution system components, sanitary sewer
systems, concrete sidewalk, bituminous walks and trails, brick pavers located behind the curb,
fencing, lighting (including lighting installed by Minnetonka's lighting contractor) and all
municipal street construction included in said improvement shall be the property of the Cities,
and the Cities must perform all maintenance, restoration, repair, replacement or other work or
services required thereafter at no expense to the County.
In addition, upon completion of the Project, all streetscape, landscaping and associated
landscaping structures, plantings and turf, shown in the plans for the Project and the Landscaping
Project, shall become the responsibility of the Cities, and the Cities must perform all
maintenance, restoration, repair, replacement or other work or services required thereafter at no
10
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
expense to the County. The Cities agree to maintain the streetscape, landscaping and associated
landscaping structures in accordance with the attached "HENNEPIN COUNTY DEPARTMENT
OF PUBLIC WORKS - TRANSPORTATION DIVISION; RECOMMENDED URBAN
LANDSCAPE/STREETSCAPE GUIDELINES" (marked Exhibit "B").
Upon completion of the Project and at its own cost and expense, the County will retain
ownership and maintenance responsibilities for those portions of the roadway storm sewer
drainage system functioning as catch basins and associated lead pipes that are within or between
the outermost curb lines of the County roadways as well as those within the radius return limits
of intersecting municipal streets. All other components of the roadway storm sewer drainage
system, constructed as a part of this Project, including but not limited to all trunk lines, drainage
structures, ponds, storm water treatment structures and cross road culverts, will become the
property of the Cities and must be maintained by the Cities. In the event, at any time in the
future, the storm water trunk lines constructed as a part of this Project are reconditioned and/or
replaced, the costs of reconditioning and/or replacement will be apportioned among the County
and Cities based upon the flow that the facilities of each party contributes to the line being
reconditioned or replaced.
Included in the Project is the construction of a storm water pond on State of Minnesota
right of way in the southwest quadrant of the intersection of CSAH 61 and Trunk Highway (TH)
7, which is designated on the Project plans as Pond No. 6. As previously referenced, the County
and the Minnesota Department of Transportation (MnDOT) will enter into a cooperative
agreement (Hennepin County Agreement No. 58-40-13) for work along TH 7 and at its
intersection with CSAH 61. As established in the agreement, MnDOT intends to transfer
ownership of the Pond No. 6 right of way to the County. The parties agree that, effective upon
completion of the Project, the County transfers ownership of Pond No. 6 to Minnetonka, and
Minnetonka will be responsible to maintain the pond at its sole cost and expense.
Upon completion of the Project, the Cities, at their sole cost and expense, will perform all
routine maintenance on the retaining walls and retaining wall fencing within the Cities and
constructed as a part of the Project. If at any time in the future, the retaining walls and integral
retaining wall fencing constructed as a part of the Project are rehabilitated and/or replaced, the
County agrees to participate in the costs of the rehabilitation and/or replacement at the same
percentage used to construct the retaining walls and integral retaining wall fencing.
As used in this Agreement, the term `upon completion of the Project' means acceptance
by the County's construction engineer of the work that is to be maintained by the Cities as
specified herein. The County agrees to promptly notify the Cities of work that the County
construction engineer has accepted. All questions of maintenance responsibilities that may arise
will be jointly resolved by the respective Cities' Director of Public Works/City Engineer and the
County's Operations Division Engineer.
XX
The Cities acknowledge that the County requires an operational clear zone behind the
face of curb for storage of snow removed from County roadways. The Cities may remove snow
that may be placed on the sidewalks and/or pedestrian/bicycle paths within the operational clear
11
V. -
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
zone, as a result of the County's snow removal operations on CSAH 61 within the limits of the
Project. This paragraph is not intended to confer a benefit upon any third party, and each City's
decision regarding snow removal is at the City's sole discretion pursuant to its policy on removal
of snow and ice from its sidewalks and/or pedestrian/bicycle paths and trails.
KA.11_I
Each of the parties (the "Indemnifying Party") agrees to defend, indemnify and hold
harmless (i) the other parties, their officials, officers, agents, volunteers and employees (the
"Indemnified Persons"), from (ii) any liabilities, claims, causes of action, judgments, damages,
losses, costs or expenses, including, reasonable attorneys' fees ("Claims") that (iii) result directly
or indirectly from any act or omission of the indemnifying party, , its contractors, employees,
and/or anyone for whose acts and/or omissions the indemnifying party may be liable, if (iv) the
Claim is related to the ownership, maintenance, existence, restoration, repair or replacement of
the improvements constructed as part of said Project and owned by the Indemnifying Party. The
liability of each party is governed by the provisions of Minnesota Statutes, Chapter 466 or other
applicable law.
Under no circumstances, however, may any Indemnifying Party be required to pay on
behalf of itself and any Indemnified Persons, 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 County and Cities may not be added together to determine the maximum amount of liability
for any party. The intent of this subdivision is to impose on each party a limited duty to defend
and indemnify the other parties for claims arising out of the Indemnifying Party's performance of
this contract, 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 between the parties and to permit liability claims against the parties from a single
occurrence to be defended by a single attorney.
XXII
Each party agrees that it will be responsible for its own acts and the results
thereof, to the extent authorized by the law, and will not be responsible for the acts of the other
party and the results thereof. The County's and the Cities' liability is governed by the provisions
of Minnesota Statutes, Chapter 466.
The County and the Cities each warrant that they are able to comply with the
aforementioned indemnity requirements through an insurance or self-insurance program.
XXIII
Any and all employees of the Cities and all other persons engaged by the Cities in the
performance of any work or services required or provided for herein to be performed by the
Cities shall not be considered employees of the County, and 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
12
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
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.
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 Cities, and 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 Cities.
In order to coordinate the services of the County with the activities of the Cities 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 Cities.
In order to coordinate the services of the Cities with the activities of the County and so as
to accomplish the purposes of this Agreement, the respective Cities' Director of Public
Works/City Engineer or designated representative shall manage this Agreement on behalf of the
Cities and serve as liaison between the Cities and the County.
VA
The County Engineer or designated representative will prepare weekly progress reports
for the Project as provided in the specifications. Copies of these reports will be furnished to the
Cities upon request.
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
and signed by all of the parties.
/.4NAV U
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.
13
\;ti�—
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
The matters set forth in the recital clauses at the beginning of this Agreement are
incorporated into and made a part of this Agreement by this reference.
this space left intentionally blank)
14
w`-
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
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.
(Seal)
(Seal)
CITY OF HOPKINS
By:
Mayor
Date:
And:
Manager
CITY OF MINNETONKA
15
By:
Mayor
Date:
And:
Manager
Date:
Agreement No. PW 38-01-13
CSAH 61; C.P. 9112
COUNTY OF HENNEPIN
ATTEST:
By:
Deputy/Clerk of the County Board
Date:
APPROVED AS TO FORM:
By:
Ass t County Attorney
Date:
APPROVED AS TO EXECUTION:
BY:
Assistant County Attorney
Date:
16
By:
Chair of its County Board
Date:
And:
County Administrator
Date:
And:
Assistant County Administrator, Public
Works
Date:
RECOMMENDED FOR APPROVAL
By:
Director, Transportation Department and
County Highway Engineer
Date: