VII.3. Approve Agreement for Jurisdictional Transfer County State Aid Highway (CSAH) 20 (Blake Road), City Project 2013-06; Stanley (CR2016-052)
May 17, 2016 Council Report 2016-052
APPROVE AGREEMENT FOR JURISDICTIONAL TRANSFER
COUNTY STATE AID HIGHWAY (CSAH) 20 (BLAKE ROAD)
CITY PROJECT 2013-06
Proposed Action
Staff recommends the following motion: adopt Resolution 2016-042, Resolution Approving Agreement for
Jurisdictional Transfer, CSAH 20 (Blake Road), City Project 2013-06.
Overview
After the completion and approval of the Blake Road Corridor Study last year, Hennepin County approached
the City of Hopkins to begin discussions to develop a cooperative agreement. Blake Road is currently a
Hennepin County road, County State Aid Highway (CSAH) 20. City staff was aware that one of the terms
Hennepin County desired to include with the improvement of Blake Road was to turn the roadway back to
the City. Through negotiation, City and County staff were able to negotiate an agreement acceptable to both
parties which will result in the improvement of Blake Road and the transfer to the City of Hopkins.
Primary Issues to Consider
Background
Summary of Key Items
Recommendation
Supporting Information
Location Map
Agreement for Jurisdictional Transfer
Resolutions 2016-042
_________________________________
Nate Stanley, P.E., City Engineer
Financial Impact: Budgeted: Y/N _ _ Source:
_
Related Documents (CIP, ERP, etc.): _ Notes: _________________________________________
Council Report 2016-052
Page 2
ANALYSIS OF ISSUES
Background
Blake Road is currently classified as CSAH 20 and is a part of Hennepin County’s transportation network
between Excelsior Boulevard (CSAH 3) and State Trunk Highway (TH) 7; Blake Road is a local city
street south of Excelsior Boulevard and north of TH 7. This stretch of roadway is approximately two-
thirds of a mile in length and does not intersect or connect to a county road on the north end of the
corridor in St. Louis Park. Hennepin County has an interest in removing these types of “isolated”
segments from their transportation network. Hopkins staff has been aware of Hennepin County’s desire
to turn Blake Road over to the City, and staffs mutually decided that the logical time for the transfer
would be after reconstruction of the roadway corridor.
The Blake Road Corridor Study was completed as a partnership between multiple agencies. The
recommendations for improvements are acceptable to and meet the standards of both the City and
County. Blake Road from Excelsior Boulevard to TH 7 will be reconstructed as a four-lane divided
roadway with a multi-use trail on both sides. Additional turn lanes are proposed at key locations.
Signalized intersection control is recommended to remain where it currently exists. Traffic lanes through
the corridor are recommended to be narrowed to create boulevard space for landscape and hardscape
treatments. Marked pedestrian crossings with flashing beacons away from fully controlled intersections
are proposed at high pedestrian traffic locations.
Summary of Key Items
The City of Hopkins will be the agency leading the improvement project. Hennepin County will be
involved as a project partner, but Hopkins will be responsible for final design and construction of the
roadway. Hopkins will enter into a contract with a consultant to provide complete design, right-of-way,
and construction services for the project.
The City will assume management of the Blake Road right-of-way during the project. This will allow the
City to direct the placement of utilities, accesses, and have the authority to allow or deny permits along
Blake Road during construction.
The County will participate in funding the project per the Hennepin County Public Works Transportation
Department Policy. The policy outlines County and City participation for all construction items and right-
of-way acquisition. The County will reimburse the City up to ten percent of the County’s construction
cost for design engineering and eight percent of the County construction cost for construction
administration services. These totals are estimated to be $1,038,000 and $803,400, respectively. The City
can invoice the County for the entire $1,038,000 after a design services contract is executed with a
consultant.
The City may invoice the County for its share of right-of-way costs as the costs are accrued.
After award of a construction contract by the City to the successful bidder, the City may invoice the
County for ninety-five percent of the estimated County’s cost share for construction costs and
Council Report 2016-052
Page 3
construction administration service fees. The County will also reimburse the City at this time any
remaining design engineering fees.
Hennepin County will continue to maintain Blake Road for three years after the City receives final
payment from the County at the close of the project. After the three year period formal ownership and
maintenance responsibilities of the roadway will be transferred to Hopkins.
In addition to the costs to improve Blake Road, Hennepin County will provide $150,000 for
improvement of pedestrian facilities along Excelsior Boulevard east of Blake Road.
Staff Recommendation
The agreement has been reviewed by the Public Works Director, City Engineer, and City Attorney. Staff
recommends approving the agreement for jurisdictional transfer of Blake Road with adoption of
resolution 2016-042.
C P R a i l r o a d
H C R R A C o r r i d o r
S t a t e H i g h w a y 7
Cambridge St
Lake St NE
Boyce St
2 n d S t N E
Goodrich St B l a k e R d S
M e a d o w b r o o k R d
E x c e l s i o r B l v d C o u n t y R o a d 3
A s h l e y R d
Division St
H o l l y R d
P o w e l l R d
T y l e r A v e N
Preston Ln
H a w t h o r n e R d
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Spruce Rd
1s t St S
H o m e d a l e R d
Oxford St
M a p l e H i l l R d
Hiawatha Ave
J a c k s o n A v e N
Aquila Ave S
L a k e S t W
Hill St
T e x a s A v e S
E d g e b r o o k D r
O a k w o o d R d
2nd St S
H a r r i s o n A v e S
I n t e r l a c h e n R d
N o r t h S t
3 7 t h S t W
V a n B u r e n A v e S
V a n B u r e n A v e N
S t a t e H i g h w a y 7 F r o n t a g e R d
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I n t e r l a c h e n R d
37th S t W
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Legend
TAX_MUNIC
CSAH_20
St Louis Park
Hopkins
Hopkins
Edina
Agreement No. PW 04-01-16
County State Aid Highway No. 20
City of Hopkins
County of Hennepin
AGREEMENT FOR JURISDICTIONAL TRANSFER
THIS AGREEMENT, made and entered into this _ day of , 2016, 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 "Counry", 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 County and the City have been negoriating to bring about the transfer of County State
Aid Highway Na (CSAH) 20 (Blake Road) between CSAH 3(Excelsior Boulevard) and Trunk Highway
(TH) 7 from the Counry to the City; and
WHEREAS, the construction of the Southwest Light Rail Transit (S WLRT) line through the Ciry will
result in a SWLRT at-grade crossing of CSAH 20 and a SWLRT station on the CSAH 20 corridor; and
WHEREAS, the Parties anticipate the introduction of a S WLRT station on the CSAH 20 comdor will
provide a stimulus to development/redevelopment along the CSAH 20 corridor; and
WHEREAS, the City has engaged in a visioning process intended to conform the reconfiguration of
CSAH 20 between CSAH 3 and TH 7 in a manner complementary to the anticipated development/redeve-
lopment of the properties along CSAH 20; and
WHEREAS, CSAH 20 is in need of reconstruction between CSAH 3 and TH 7; and
WHEREAS, the City is willing to receive jurisdiction of CSAH 20 within the aforesaid limits with the
understanding that the City would take the lead in the design, construction, construction oversight and
necessary right-of-way acquisition to support the reconstruction of CSAH 20 between CSAH 3 and TH 7 in a
manner agreed to by the Parties and hereinafter referred to as the Project; and
WHEREAS, the County has acknowledged that the City is properly positioned to design and
reconstruct CSAH 20 in a manner reflective ofa vision to complement area developmenUredevelopment in a
time frame complimentary to the projected SWLRT schedule; 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 I and Section 471.59.
NOW, THEREFORE, IT IS HEREBY AGREED:
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Agreement No. PW 04-01-16
County State Aid Highway No. 20
The City shall be responsible for the acquisition of all new rights-of-way, permanent easements, and
temporary easements required for the construction of the Project.
It is hereby understood that the phrase "responsible for the acquisition of' as used in this Agreement
shall be construed to mean the performance of all tasks and duties necessary and legally required to obtain the
right to use the subject properties for the purposes set forth in this Agreement. Said rights may be obtained by,
but aze not limited to, direct purchase, dedication, donation, or eminent domain.
All new right-of-way, permanent easements, and temporary easements acquired by the City to
construct the Project must meet the approval of the Administrative Manager for the County's Land
Acquisition Group or designated representative prior to being incorporated into the plans far the Project.
Upon completion of the Project, all permanent right-of-way acquisition for CSAH 20 as provided
herein shall remain in the ownership of the City.
II
The City and the County recognize that in order to carry out the Project, the facilities of one or more
private utilities in the Project azea rights-of-way (RO W) may need to be relocated due to interference with the
means and methods the City will select to carry out the Project work. The City acknowledges that the County
is the primary RO W manager of CSAH 20 within the Project. The County acknowledges that the City has an
interest in the management of the County ROW within the Project boundaries given the fact jurisdiction of
CSAH 20 is to transfer to the City, and the City may be required to exercise certain rights in the ROW to carry
out the Project work. Accordingly, the County hereby authorizes and delegates to the City any and all ROW
management authority that the City deems necessary to carry out the Project work, including but not limited
to, the right to require private utilities to relocate their facilities. Prior to the City's exercise of this right, the
City shall provide the County twenty-four (24) hours written notice of the CiTy's intended exercise of such a
right, including, but not limited to, a description of the scope, duration, and object of the City action. The
County and City agree that each will cooperate with the other to carry out the intended purposes of the Project
and the County will act in ROW management matters to further those purposes as reasonably requested by the
Cily.
If any portion of this provision is deemed unenforceable, all surviving provisions will remain in full
force and effect. Nothing herein is intended to limit or exceed the authority of the City or the County under
Minnesota Law to manage RO W in which they have an interest.
III
The City or its agents shall prepare the necessary plans, specifications and proposals; shall advertise
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Agreement No. PW 04-01-16
County State Aid Highway No. 20
for bids for the construction; receive and open bids pursuant to said advertisement and enter into a contract
with the successful bidder at the unit prices specified in the bid of such bidder. The contract will include plans
and specifications approved by the County and by the Minnesota Departrnent of Transportation Division of
State Aid for Local Transportation.
The CiTy shall also apply for, and comply with, at its sole cost and expense, all permits and approvals
from all other govemmental or regulatory agencies as may be required to accomplish the Project. Said permits
and approvals shall be obtained prior to start of any construction. Copies of said permits shall be given to the
County Engineer or designated representative prior to the start of construction activities.
IV
The Ciry or its agents will administer the contract and inspect the construction of all the contract work
contemplated herewith. However, the County Engineer or designee shall have the right, as the work
progresses, to enter upon tl�e job site to make any inspections deemed necessary and shall cooperate with the
City's Project Engineer and staff at their request to the extent necessary, but will have no responsibility for the
supervision of the work.
The County agrees that the City may make changes in the aforereferenced approved plans or in the
character of said contract construction which aze reasonably necessary to cause said construction to be in all
things performed and completed in a satisfactory manner. It is fixrther 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
designed representative on said change orders ar supplemental agreements. The County will respond to the
City's request for approvals within seven (7) calendar days.
V
The City or its agents sha11 be responsible for the design of the CSAH 20 traffic control signals serving
the CSAH 20 intersections with 2"d Street North East and Cambridge Street in accordance with County
standards.
The County will supply traffic signal cabinet, controllers, video detection equipment, and control
equipment, including the emergency vehicle preemption (EVP) cazds, (County Supplied Equipment) for the
permanent traffic control signal systems to be installed at the two CSAH 20 intersections. The City agrees to
reimburse the County for fifty (50) percent of the costs of the County Supplied Equipment to be installed at
these intersections. It is estimated that the cost for the County Supplied Equipment will be $30,000.00 per
intersection for a total estimated City cost share of $60,000.00. It is further agreed that said estimate of the
costs of County Supplied Equipment is an estimate and that the actual costs of equipment as detemuned by the
County Engineer shall govern in computing the total final apportiorunent of cost participation by the City in
the County Supplied Equipment.
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Agreement No. PW 04-01-16
County State Aid Highway No. 20
It is further understood that if the City desires, the City will provide signal service cabinets designed
for battery backup. It is fuRher understood and agreed that the City shall be responsible for providing the
batteries, inverter and cabiing for the service cabinets.
The City or its agents shall notify the County's Signal Shop Supervisor two (2) weeks in advance of
need of the Counry Supplied Equipment. The County shail notify the City when the County Supplied
Equipment is ready to be picked up for field installation. It shall be the responsibility of the City or its agents
to pick up the County Supplied Equipment at the Hennepin County Department of Transportation Public
Works Facility in Medina, Minnesota and shall install said equipment on the Project.
Upon pickup of the County Supplied Equipment by the City or its agents, the County will invoice the
City for the County Supplied Equipment. Payment shall be made to the County by the City for the full amount
due as stated in the invoice within for[y-five (45) days of the invoice.
The City shall notify the County a minimum of one (1) week prior to the date of any traffic signal riun
ons. The County's Traffic Operations Engineer or his designated representative must be present at the time
any traffic signal systems are tumed on.
The County hereby reserves the right to perform final inspection of the traffic control signal system at
the time of energizing and also the right to require any modifications prior to approving the system for
operation. No traffic control signal system may be placed in operation without approval of the installed
system by the County.
1'/J
The County will participate in right-of-way acquisition and construction costs in accordance with the
Hennepin County Public Works Business Line Transportation Department Policies for Cost Participation
between Hennepin County and Other Agencies for Cooperative Highway Projects adopted February 7, 2012.
It is further understood and agreed by the City that the County will reimburse the City up to ten (10)
percent of the County's construction cost participation for design engineering and up to eight (8) percent of
the CounTy's construction cost participation for construction engineering/oversight.
It is further understood and agreed by the Ciry that the County's cost participation must be eligible for
County State Aid funding and that the County's contribution to the Project's costs must be for right-of-way,
construction and engineering that benefits CSAH 20. Accordingly, it is understood and agreed that the Counry
reserves the right not to make payment to the City for its share of the costs for the project if any action or
inaction of the City causes the Minnesota Department of Transportation's (MnDOT) State Aid Engineer to
determine that the County's costs aze not eligible for State Aid funding.
The County's cost participation for the Project shall not exceed $14,456,000 without an amendment to
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Agreement No. PW 04-01-16
County State Aid Highway No. 20
this Agreement. For information purposes only the County's cost participation has been computed based on
the following estimated Project cost components:
Right-of-Way: $2,000,000
Construction: $10,380,000 (refer to Article XVI)
Engineering: $2,076,000
The City may invoice the County up to $1,038,000 for the County's aforesaid engineering cost
participation upon the City`s execution of a consultant engineering contract for design ofthe Project. Payment
shall be made to the City by the County within forty-five (45) days of the invoice.
It is understood and agreed that ifpazceis are acquired in total, the City will use its best efforts to sell
at the most favorable price those portions of said pazcels which aze not required for the Project. The proceeds
from such sales shall be shazed with the County at the same cost participation percentage used to acquire the
pazcels.
The acquisition costs incurred by the City as described herein shall include, but aze not limited to the
following:
• monies paid to property owners, or on behalf of properiy owners, as part of negotiated settlements
• costs incurred with obtaining property through, and compliance with, Minnesota Statute Chapter 117
(eminent 8omain), including all damages and awazds resulting there from
• relocation expenses, including the costs of consultants used therefore
• acquisition consultant services
• appraisals and appraisal services
• title opinions and updates
• document seazches (judgment, name title, etc.)
• closing, conveyance and recordation fees and t�es
• costs to maintain, provide security for, or remove and dispose of vacant property, and any
improvements thereon.
• costs incuned for the relocation, reconstruction, adjustment, and/or removal of existing private or
public utility conduits or other structures located in or upon lands acquired and within present right-of-
way when existing valid easements and/or permits provide for reimbursement to the utility owner for
the relocation, reconstruction, adjustment, and/or removal of the existing utility facilities (or when a
cour[ of competent jurisdiction determines that the City or County is obliged to pay such amounts)
Damages, as used in this section pertains to acquisition costs allowed by Minnesota Statutes Chapter
117 and does not abrogate the meaning of the language set forth elsewhere in this Agreement.
The City may invoice the County for its shaze of RO W costs as said costs are accrued. Payments shall
be made to the City by the County within forty-five (45) days of said invoices.
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Agreement No. PW 04-01-16
County State Aid Highway No. 20
After an awazd by the Ciry to the successful bidder on the project, the City may invoice the County for
ninety-five (95) percent of the estimated County's shazes of the contract construction costs and construction
engineering costs and the balance of the estimated County's shaze of the design engineering costs for the
Project. Payments shall be made to the City by the County for the full amounts due as stated on an invoice
within forty-five (45) days of the invoice.
In the event the City Engineer determines the need to amend the construction contract with a
supplemental agreement or change order which results in an increase in the contract amount for the Project,
the County hereby agrees to remit within forry-five (45) days of submittal of an invoice by the City of said
change an amount equal to ninety-five (95) percent of the estimated Counry's shazes as documented in the
supplemental agreement or change order. Said invoice shall include documentation of the additional costs.
The remainder of the County's shazes in the ROW, engineering and contract construction costs of the
Project, including additional costs resulting from supplemental agreements and change orders, will be due the
City upon acceptance by the City of all the construction work performed by the City's construction contractor
and submittal of the City Engineer's final estimate for the Project to the County.
Upon final payxnent to the Project contractor by the City, any amount remaining as a balance in the
deposit account will be retumed to the County, within 45 days, on a proportionate basis based on the County's
initial deposit amount and the CounTy's final proportionate share of the Project costs. Likewise, any amount
due the City from the County upon final payment by the City shall be paid by the County as its final payment
for the construction and engineering costs of the Project within forty-five (45) days of receipt of an invoice
from the City.
VII
It is understood and agreed that CounTy will not participate in the cost of landscape improvements the
City may propose to install in conjunction with the Project such as street lighting, pedestrian level lighting
boulevazd or median plantings, benches, shelters, banners or utility burial without amendment to this
Agreement. However, such items may compete far Roadside Enhancement Partnership Program (REEP)
funds to help offset City construction costs for these items.
VItI
The City also agrees that any contract let by the City or its agents for the performance of the work
included in the Project as provided herein shall include clauses that will: 1) Require the Contractor to defend,
indemnify, and hold the County and its officials, officers agents and employees harmless from any liability,
causes of action, judgments, damages, losses, costs or expenses including without limitation to 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 Contractar to provide and
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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:
General Aggregate
Products-Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence — Combined Bodily Injury and
Property Damage
Agreement No. PW 04-01-16
County State Aid Highway No. 20
Limits
$2,000,000
$2,000,000
$1,500,000
$1,500,000
Hennepin County shall be named as an additional insured for the Commercial General LiabiGty
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
3. Workers' Compensation and Employer's Liability:
A. Workers' Compensation
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
Disease — Policy Limit
Disease — Each Employee
4. Professional Liability — Per Claim
Aggregate
$1,000,000
Statutory
$500,000
$SOQ000
$500,000
$1,500,000
$2,000,000
It is understood and agreed by the parties hereto that the above listed Professional Liability insurance
will not be required in any construction contract let by City if the City's Contractor is not required to perform
design engineering as part of said construction contract.
An umbrella or excess policy over primary liability coverages is an acceptable method to provide the
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Agreement No. PW 04-01-16
County State Aid Highway No. 20
required insurance limits.
The above subpazagraphs establish minimum insurance requirements. It is the sole responsibility of
the Ciry'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.
IX
The City shall install, cause the installation of, or perpetuate the existence of an adequate three wire,
120/240 volt, single phase, altemating current electrical power connection to the traffic control signals and
integral street lights located on CSAH 20 and ineluded in the Project, at the sole cost and expense of the City.
Further, the City shall provide the electrical energy for the operation for said traffic control sigials and integral
streetlights, at its sole cost and expense.
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The City shall not revise by addition or deletion, nor alter or adjust any component, par[, sequence, or
timing of the traffic control signals located on CSAH 20 and included in the Project.
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It is understood that the EVP Systems provided with the traffic control signals located on CSAH 20
and included in the Project, shall be installed, operated, maintained or removed in accordance with the
following conditions and requirements:
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. Upon request, the City will provide the
County Engineer or his designated representative a list of all such vehicles with emitter units.
2. Malfunctions of EVP Systems shall be reported to the County immediately.
In the event said EVP Systems or components aze, in the opinion of the County, being misused or the
conditions set forth herein are violated, and such misuse or violation continues afrer receipt by the City of
written notice thereof from the County, the County shall 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 shall become the property of the County.
4. All timing of said EVP Systems shall be determined by the County.
Agreement No. PW 04-01-16
County State Aid Highway No. 20
XII
As part ofthe Project, "No-Pazking" signs will be installed as represented in the plans and the City, at
its expense, shall provide the enforcement for the prohibition of on-street pazking on those portions of CSAH
20 constructed under this Project.
It is further agreed that the City shall at its own expense, remove and replace all City owned signs that
are within the construction limits of the Project.
XIII
Upon completion of the Project the County shall, at its own cost and expense, 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 retum limits of intersecting municipal streets until such time as
jurisdiction of CSAH 20 reverts to the City. 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, manholes and drainage
ponds shall become the property of the City, and shall be maintained by the City.
It is hereby understood that the County requires an operational cleaz zone behind the face of curb for
storage of snow removed from County roadways. The City hereby agrees that the CiTy shall be responsible for
the removal of any snow including that placed on the sidewalks and/or pedestrian/bicycle paths as a result of
the County's snow removal operations on CSAH 20 within the limits of the Project. This pazagraph is not
intended to confer a benefit upon any third party and the City's decision to remove snow from the sidewalks
and/or pedestrian/bicycle paths shall be made by the City at its sole discretion pursuant to its policy on
removal of snow and ice from sidewalks and/or pedestria�/bicycle paths.
All questions of maintenance responsibilities that may arise shall be jointly resolved by the City's
Director of Public Works and the County's Transportation Road and Bridge Operations Departrnent Duector.
XIV
It is understood and agreed by the Parties that three (3) years after the City's receipt of final payment
from the County of its Project costs, CSAH 20 shall be removed from the County State Aid Highway system.
The process by which the CSAH 20 designation shall be removed from Blake Road shall begin with a
City resolution stating support for the Commissioner of the Minnesota Department of Transportation's
removal of CSAH 20 from the County State Aid Highway System three (3) years afrer the City's receipt of
final payment from the County of its Project costs and acceptance of Blake Road jurisdiction under Provisions
of Minnesota Statutes, Section 612.02, and shall end when the County advises the Commissioner that the three
(3) yeaz period has passed. Thereafter, the City agrees to accept such conveyance subject to existing
encumbrances such as permits and easements and perform all roadway and other maintenance at its sole cost
Agreement No. PW 04-01-16
County State Aid Highway No. 20
and expense, and will request that the Commissioner designate the segment a Municipal State Aid route.
During this three (3) yeaz period, the County shall notify the City of any new encumbrances to the property to
be transfened to the City, and the City shall retain the ability to object to such encumbrances which aze not
necessary to the completion of this Agreement.
It is further understood and agreed by the Parties that upon transfer of CSAH 2OBlake Road as stated
herein the traffic control signal system at the CSAH 3Blake Road intersection shall remain the properry ofthe
County and the traffic control signal system at the TH 7Blake Road intersection shall remain the property of
the State of Minnesota.
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The County shall provide the City with the following information and records, to the extent that they
aze available for the route to be transferred.
I. As-built construction plans, microfilm records, and electronic files.
2. Inventory data.
3. History of most recent improvements/upgrades.
XVI
It is understood and agreed by the Parties that the construction of the S WLRT station along Blake
Road will generate pedestrian activity along the south side of CSAH 3/Excelsior Boulevard from Blake Road
to the east City limit where no pedestrian facilities currently exist. It is further understood and agzeed by the
Parties that the City is in a better position to install the needed facilities along the south side of CSAH 3, and
that the County will provide $15Q000 towazd the cost of the installation. The $150,000 will be drawn from
the County's State Aid Constnxction Account, and will reduce the construction costs the City would normally
be responsible to pay for the CSAH 20/Blake Road reconstruction by $150,000. This $150,000 will be added
to the $10,230,000 in construction cost participation the County intends to pay as outlined in Article VI,
yielding a construction cost component of $10,380,000. The Parties further agree that the $150,000 the
County will provide to install the needed facilities shall constitute the entire amount the County will provide
for said facilities, and the City will heretofore be responsible for the installation of the facilities either in
conjunction with the Project or thereafter as deemed appropriate by the City.
XVII
Each par[y 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 party and the results thereof.
The Counry'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 aze able to comply with the aforementioned
indemniTy requirements through an insurance or self-insurance program.
10
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Agreement No. PW 04-01-16
County State Aid Highway No. 20
XVIII
The City agrees to defend, indemnify and hold hannless 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 direcdy or indirectly from any act or omission ofthe
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 afore defined City owned 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 hannless 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 ofthe
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 afore defined County owned improvements conshucted as part of the Project. The
County's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable
law.
XIX
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.
�
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 Ciry.
11
Agreement No. PW 04-01-16
County State Aid Highway No. 20
�
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.
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 Counry.
I�VII
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 hereo£ All items referred to in this Agreement are incorporated or attached and aze 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.
XXIII
The whereas clauses aze incorporated herein and are hereby made a part of this Agreement.
/:i:1►�1
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)
12
w�
Agreement No. PW 04-01-16
County State Aid Hig6way No. 20
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)
ATTEST:
By:
Deputy Clerk of the County Board
Date
CITY OF HOPHIN5
By:
Mayor
Manager
COUNTY OF HENNEPIN
APPROVED AS TO FORM:
By: /��� .�iZ 9'1�1L�✓�
� tant County Attorney
Date: �� /������
APPROVED AS TO EXECUTION:
By:
Assistant County Attomey
I:
Chair of its County Board
Date:
And:
AssistandDeputy/County Administrator
Date:
And:
Assistant County Administrator, Public Works
Date:
RECOMMENDED FOR APPROVAL:
:
County Highway Engineer
Date:
13
w� —
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2016-042
RESOLUTION APPROVING AGREEMENT FOR JURISDICTIONAL TRANSFER
OF COUNTY STATE AID HIGHWAY NO. 20 (BLAKE ROAD)
CITY PROJECT 2013-06
WHEREAS
Hennepin County (County) and the City of Hopkins (City) have been
,
negotiating to bring about the transfer of County State Aid Highway No. (CSAH) 20 (Blake
Road) between CSAH 3 (Excelsior Boulevard) and Trunk Highway (TH) 7 from the County to
the City, and
WHEREAS
the construction of the Southwest Light Rail Transit (SWLRT) line through
,
the City will result in a SWLRT at-grade crossing of CSAH 20 and a SWLRT station on the
CSAH 20 corridor, and
WHEREAS
the Parties anticipate the introduction of a SWLRT station on the CSAH 20
,
corridor will provide a stimulus to development/redevelopment along the CSAH 20 corridor, and
WHEREAS
the City has engaged in a visioning process intended to conform the
,
reconfiguration of CSAH 20 between CSAH 3 and TH 7 in a manner complementary to the
anticipated development/redevelopment of the properties along CSAH 20, and
WHEREAS
CSAH 20 is in need of reconstruction between CSAH 3 and TH 7, and
,
WHEREAS
the City is willing to receive jurisdiction of CSAH 20 within the aforesaid
,
limits with the understanding that the City would take the lead in design, construction,
construction oversight and necessary right-of-way acquisition to support the reconstruction of
CSAH 20 between CSAH 3 and TH 7 in a manner agreed to by the Parties and hereinafter
referred to as the project, and
WHEREAS
the County has acknowledged that the City is property positioned to design
,
and reconstruct CSAH 20 in a manner reflective of a vision to complement area
development/redevelopment in a time frame complementary to the projected SWLRT schedule,
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 I and Section 471.59, and
WHEREAS
an Agreement for Jurisdictional Transfer of CSAH 20 has been developed
,
and is acceptable to the Parties which specifies the terms and responsibilities for the
reconstruction and transfer.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Hopkins,
Minnesota:
Resolution No. 2016-042 -2-
The Mayor and City Manager are hereby authorized to enter into an agreement with Hennepin
County for the said project.
th
Adopted by the City Council of the City of Hopkins, Minnesota, this 17 day of May, 2016.
By_______________________________
Molly Cummings, Mayor
ATTEST:
_________________________________
Amy Domeier, City Clerk