VI.4. Approve Interagency Agreement with Hopkins School District and Metropolitan Council, City Project 2015-15; Stanley (CR2015-093)
September 1, 2015 Council Report 2015-093
APPROVE INTERAGENCY AGREEMENT
WITH HOPKINS SCHOOL DISTRICT AND METROPOLITAN COUNCIL
CITY PROJECT 2015-15
Proposed Action
Staff recommends the following motion: “Adopt Resolution 2015-061,Approving
Interagency Agreement with the Hopkins School District and Metropolitan Council, City
Project 2015-15.”
Overview
Earlier this summer, the Hopkins School District (District) approached the City and
Metropolitan Council (Met Council) with a plan to construct a bus stop for route 615 and
sidewalk to provide access from Eisenhower to the stop. Met Council will lead the project, as
new bus stops on their system must conform to Federal standards. All parties will equally
contribute toward the construction cost; individual contributions are estimated to be $27,500.
The City will not be responsible for additional maintenance responsibilities as the District
and Met Council will own and maintain the new sidewalk and bus stop infrastructure.
Attached is an agreement for the project, and a map showing the locations of the proposed
improvements. This agreement has been reviewed by the City Attorney and City Engineer,
and has also been approved by the Hopkins School District.
Supporting Documents
Interagency Agreement
Eisenhower Sidewalk and Bus Stop Site Map
Resolution 2015-061
_______________________________________
Nate Stanley, P.E.
City Engineer
Financial Impact: $27,500 Budgeted Y/N Y Source: PIR Related Documents
(CIP, ERP, etc.):
Notes: __________________________________________________________________
Met Council No. 15I065
INTERAGENCY AGREEMENT BETWEEN
THE METROPOLITAN COUNCIL,
THE CITY OF HOPKINS, AND HOPKINS SCHOOL DISTRICT
This Agreement is entered into by and between the Metropolitan Council, a public corporation and
political subdivision of the State of Minnesota (“the Council”), the City of Hopkins, a Minnesota
municipal corporation (“the City”), and the Hopkins Public Schools, a public school district serving the
City of Hopkins (‘the District”; the Council, the City and the District collectively the “Parties”).
RECITALS:
1.The Council is authorized in accordance with Minnesota Statutes, section 473.405, to operate
public transit systems in the metropolitan area, as defined by Minnesota Statutes, section
473.121, subdivision 2, and to exercise all powers necessary or convenient to discharge its
duties.
2.The Council operates public transit services in the City of Hopkins, including bus service along
Route 615, near the location of the Eisenhower Community Center (‘the Center”). The closest
bus stop to the Center is presently located more than 1000 feet from the Center entrance.
3.The Parties desire to add a bus stop closer to the Center entrance on Route 615 to encourage
more people in the community to use public transportation (“the Project”).
4.The Center and the area of the Project are owned in part by the District and the City.
5.The Parties desire to enter an Agreement to establish the rights and responsibilities of each
individual Party in relation to the Project.
NOW THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties
agree as follows:
I.SCOPE
To encourage more people in the Hopkins community to use bus service, the District asked the Council
to add a bus stop closer to the Center entrance on Route 615. The Council, the City, and the District
jointly determined that a stop could be added. In order to provide the stop, several improvements are
required, including sidewalks, ADA pads, and street improvements to ensure a safe bus stop without
interfering with traffic flow. The Council and the District prepared a cost estimate for the Project, which
is attached as Exhibit A.
To complete the Project, the Council will solicit and hire contractors to perform all design and
construction work, and will inspect all construction work performed by the contractor. The plans for the
Project shall be completed by the Council, subject to the review and approval of the City and the District
(the “Plans”). The construction work for the Project shall be completed by the Council on or before
_____________, 20_____ (the “Completion Date”). The Parties anticipate the total cost of the design
and construction work for the project to be $85,000. The Council, the City, and the District will share
the costs of the design and construction work according to Section II below. The Council will provide
monthly progress reports to the City and the District until the Project is complete. The District shall
provide a bus stop at the Project site upon completion of the Project.
II.PAYMENT TERMS, METHOD
Met Council No. 15I065
2.01 Total Cost. As shown in Exhibit A, the Parties estimate the total cost of the design and
construction work for the Project to be $85,000. The Parties will equally split the total actual costs of
the design and construction work by paying $27,500 as one-third (1/3) of the total Project cost. The
Council will not authorize work causing the value of this Agreement to exceed $85,000 without the
written consent of all Parties.
2.02 Payment. Upon execution of this Agreement, the City and the District will each make one lump
sum payment for $27,500 to the Council prior to any work beginning under this Agreement. The Council
will provide monthly updates and tracking information on the costs of the Project to the District and the
City.
2.03 Final Costs. After completion of the design and construction work, the Council will prepare an
updated cost breakdown showing the actual total costs of the construction project. In the event the
calculations show the City and District have advanced funds in greater amount than is due the Council,
the Council will refund without interest the appropriate amount to the City and District. If the costs of
the Project has exceeded the amount paid by the City and District and the Parties have authorized,
pursuant to Section 2.01, the exceeded amount, the Parties will make an additional final payment to the
Council. This final payment will be made within 30 days of the date of the final cost breakdown
provided by the Council to the City and the District.
III.TERM, TERMINATION
3.01 Effective Date. This Agreement is valid upon execution by authorized representatives of all
Parties.
3.02 Term. This Agreement shall begin on its Effective Date and continue in perpetuity, unless
terminated by the Parties under Section 3.03 below.
3.03 Termination. This Agreement may be terminated at any time, for any reason, upon mutual
agreement of the Parties.
IV.RIGHT OF ENTRY
The District hereby grants to the Council and its employees, contractors, subcontractors, and suppliers,
the right to enter onto District property for the purpose of completing the design, construction,
inspection work required in this Agreement and maintenance of any Project improvements.
The City hereby grants to the Council and its employees, contractors, subcontractors, and suppliers, the
right to enter onto City Right-of-Way for the purpose of completing the design, construction, inspection
work required in this Agreement and maintenance of any Project improvements.
V.MAINTENANCE
5.01 General. On certification of final completion of the project by the Council’s engineer the City
and District will provide written acceptance of same if the work, to the satisfaction of the City
and the District, conforms to the Plans. On acceptance by the City and District, ownership and
maintenance responsibility, as defined in subsections 5.02-5.04, shall become effective.
Met Council No. 15I065
Maintenance responsibility includes but is not limited to, repairs, reconstruction, and snow/ice
clearing.
5.02 City Responsibility. The City assumes responsibility for ownership and maintenance of curb and
gutter, street pavement, and striping within the street.
5.03 District Responsibility. The District assumes responsibility for ownership and maintenance of
sidewalk along the Trunk Highway 7 North Frontage Road adjacent to District property.
5.04 Council Responsibility. The Council assumes responsibility for ownership and maintenance of
bus stop infrastructure, including by not limited to structures, benches, lighting, and improved
pedestrian areas, which shall be maintain in compliance with all applicable local, state and
federal rules and regulations.
VI.GENERAL
6.01 Liability. Each Party will be responsible for its own acts and omissions. None of the terms
expressed above shall be deemed a waiver of the limitations on liability, defenses, exceptions to
liability and immunities set forth in Minnesota Statutes §§466.02 through 466.04, or other
applicable law, such limitations on liability, defenses, exceptions to liability, and immunities
being expressly reserved herein.
6.02 Governing Law. The laws of the State of Minnesota shall govern all interpretations of this
Agreement.
6.03 Waiver. One or more waivers by said party of any provision, term, condition or covenant will not
be construed by the other party as a waiver of a subsequent breach of the same by the other
party.
6.04 Severability. The provisions of this Agreement shall be deemed severable. If any part of this
Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the
validity and enforceability of the remainder of this Agreement unless the part or parts which are
void, invalid or otherwise unenforceable shall substantially impair the value of the entire
Agreement with respect to the parties.
6.05 Assignment. The Parties may not assign, subcontract, sublet, or transfer any of their respective
responsibilities under this Agreement without the written consent of all Parties. This provision
should not be construed to prevent the Council from hiring contractors to perform the design or
construction work for the Project.
6.06 Amendment. 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 authorized representatives of the Parties.
6.07 Record-Keeping and Audit. As required by Minnesota Statutes, section 16C.05, the records,
books, documents, and accounting procedures and practices of all Parties relating to this Agreement
shall be subject to audit and examination by the Parties and the Legislative Auditor or State Auditor.
Met Council No. 15I065
6.08 Data Practices. The Parties agree to comply with the provisions of the Minnesota Government
Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data created, collected, received,
stored, used, maintained, or disseminated under this Agreement. The civil remedies of Minnesota
Statutes, section 13.08, apply to the release of the data referred to in this section by the Parties.
6.09 Notice. Any notice or demand, which may or must be given or made by a party hereto, under
the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent (i)
certified mail, (ii) by e-mail, provided that the recipient of such notice acknowledges receipt by
e-mail or otherwise in writing, or (iii) delivered in person to the other party addressed to the
following authorized representatives:
For the Council: For the City:
Joe Edwards Nate Stanley
Project Manager City Engineer
st
Engineering and Facilities 1010 1 Street South
560 Sixth Avenue North Hopkins, MN 55343
Minneapolis, MN 55441
joe.edwards@metrotransit.org nstanley@hopkinsmn.com
For the District:
Name
Title
Address
Address
Address
Email address
6.10 Complete Agreement. 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. In the event of a conflict
between the terms of this Agreement and any of the Exhibits attached hereto, the terms of this
Agreement will prevail.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on their behalf
respectively by their authorized representatives as follows:
METROPOLITAN COUNCL CITY OF HOPKINS
______________________________________ _______________________________________
Name
Title By:____________________________________
Its: ____________________________________
Met Council No. 15I065
Date: _________________________________ Date:___________________________________
HOPKINS PUBLIC SCHOOLS
______________________________________
By:____________________________________
Its:____________________________________
Date:__________________________________
Met Council No. 15I065
EXHIBIT A
CONSTRUCTION COST ESTIMATE FOR BUS STOP MODIFICATIONS
BUS STOP
$ 800
6’ x 8” ADA Pad (WB Stop)
$ 1,600
8’ x 19’ ADA Pad (EB Stop)
@ $5/sf $ 600
6’ x 20’ Sidewalk Connection (EB Stop)
$7,500 installed $ 7,500
Type C Shelter (EB Stop)
$5,000 installed $ 5,000
Solar Panel & Light (EB Stop)
$ 15,500
SUB-TOTAL
@ 33% $ 5,500
Contingency, Profit, Taxes, Permits, etc.
$ 21,000
TOTAL
SIDEWALK (13 th AVE TO EISENHOWER COMMUNITY CENTER)
@ $5/sf $ 23,100
6’ x 770’ Sidewalk
$ 1,200
ADA Truncated Dome
$ 24,300
SUB-TOTAL
Contingency, Profit, Taxes, Permits, etc. @ 33% $ 8,100
$ 32,400
TOTAL
STREET CUT-OUTS FOR BUS STOP
$ 1,000
Removals @ 2 Sites
@ $30/cy $ 1,000
33 CY Class 5 Sub-base
@ $16/lf $ 3,200
200 LF of B618 Curb
@ $80/T $ 5,600
70 T Asphalt
$ 5,000
Traffic Safety/Control
$ 500
Misc Striping & Signage
$ 16,300
SUB-TOTAL
Contingency, Profit, Taxes, Permits, etc. @ 33% $ 5,400
$ 21,700
TOTAL
TOTAL ESTIMATED CONSTRUCTION COST - ~$75,000
ESTIMATED DESIGN COST - ~$10,000
Eisenhower Sidewalk and Bus Stop
Proposed Sidewalk
3
Proposed
Bus Stop
HWAY 7
STATE HIG
STHY 7 FRONTAGE ROAD
Printed 8-26-2015 RVH
Not To Scale
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2015-061
RESOLUTION APPROVING INTERAGENCY AGREEMENT
WITH HOPKINS SCHOOL DISTRICT AND METROPOLITAN COUNCIL
EISENHOWER BUS STOP PROJECT
CITY PROJECT 2015-15
WHEREAS
the Hopkins School District desires to construct sidewalk and bus stop
,
infrastructure to improve pedestrian access to transit and safety at Eisenhower Community
Center, and
WHEREAS
approval and cooperation from the Metropolitan Council and City of
,
Hopkins are needed to construct the aforementioned improvements, and
WHEREAS
an Interagency Agreement between the City, Hopkins School District and
,
Metropolitan Council is necessary to define the responsibilities and costs of the parties,
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Hopkins,
Minnesota:
The Mayor and City Manager are hereby authorized to enter into a cooperative agreement with
the Hopkins School District and Metropolitan Council for the said project.
st
Adopted by the City Council of the City of Hopkins, Minnesota, this 1 day of September, 2015.
By_______________________________
Eugene J. Maxwell, Mayor
ATTEST:
_________________________________
Amy Domeier, City Clerk