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Memo - Hopkins Rail Transit•~ ADMINISTRATIVE SERVICES DEPARTMENT S ~IIIEMC.~RANDUM To: Honorable Mayor and members of the City Council FRAM: Steve Stahmer, Assistant to the City Manager GC: Steve Mielke, City Manager DATE: August 6, 2042 Sl1BJECT: Hopkins Rail Transi# Station Study City staff has been working with Hennepin County to develop a draft Request for Proposals (RFP) concerning a possible study to identify potential park-and-ride station locations in Hopkins and to analyze the various transportation, land use and economic development issues associated with such a station. An important aspect of the study would be to determine how to best take advantage of the benefits of such a station (from an economic development andlor transports#ion standpoint, etc.) while accommodating the expected increases in traffic and parking requirements as well as other potential concerns. The study, if undertaken, would be conducted in cooperation with Hennepin County and a qualified consultant, yet to be chosen. Hennepin County has dedicated $100,x00 in funds to be used far the study. No local matching funds would be required. The draft RFP will outline the components of the study and the deliverables to be developed by the consultant if the study is initiated. The attached document represents the current draft of the RFP as written by Hennepin County staff with direction from City staff. This draft wi11 be further refined as comments and recommendations are received. It is anticipated that some of the information necessary for this study will be generated by the County's Southwest Corridor Raif Transit Study (ridership, parking requirements, etc.}, eliminating the need to gather duplicate data and thus making the Hopkins study snore efficient. Components of the passible study, as currently defined in the draft RFP, include: Task #1: Study Area Inventory Task #2: Station Location Alternatives Analysis Task #3: Connectivity to Downtown Hopkins/CBD Task #~4: Parking Impacts and Requirements far Park and Ride Task #5: Local Traffic impacts Task #6: Market and Financial Feasibility (development opportunities which benefit the city without directly competing with downtown) Task #7: Future Land Use impacts 1 Development Opportunities Task #8: Environmental Issues Task #9: Funding Issues Task #10: Public Involvement Activities (public involvement in the study) Task #11: Final Study Report A limiting factor with regard to the effectiveness of the study is the potential timeframe of rail transit implementation. If rail transit is ultimately constructed in the Southwest Corridor, it is likely to occur at least 15 years in the future. Components of the study such as the Market Study, Land Use Impacts and Development Opportunities will be greatly affected as conditions • change over time. In other words, the findings of such analyses may not be applicable 15 years in the future. However, this study should provide an excellent baseline that future studies andlor staff analysis can build upon. Staff is seeking Council direction as to whether to pursue the Hopkins rail station area study. Any input from the Council with regard to the study components would be very helpful in creating a quality, useful RFP and a study that will be of real benefit to the City of Hopkins. If you have any questions or recommendations concerning this project or the issues to be studied, please feel free to contact me. In the near future I will also be providing an update concerning the overall Southwest Rail Corridor Study being conducted by Hennepin County. • • • DRAFT - 8/6/2Q0`' REQUEST FOR PROPOSALS Station Area Development Plan Hopkins, MN Issued by Hennepin County in Partnership with the City of Hopkins r~ L Hem~epin County Department of Hnusing, Community Works cR Transit 417 North ~'~' Street • • i 'i. PURPOSE This Request for Proposals (RFP) is being issued by Hennepin Countti~ in partnership with the City of Hopkins to solicit proposals for the development of a station area plan for the Southwest Corridor transit station to be located in the City of Hopkins. The study area is defined as the area hounded b)' _ {See Attachment A). An amount not to exceed $100,000 has been budgeted for this Design Plan. The study must be completed within nine months of the contract ate=ard date. 2. BACKGROUNQ 1-lennel~in Crtunt<- has und~rtakCn a study to determine the feasibility esfdcvclopin~~ rail n•amit front du+t~nto~t~n Tt~1inneanoiis to the Sr~uth+rest suburbs :end to t~lan fctr such a svstern. .=~..ma~or ct~m~xtnent of the $outh+ti cst Ccn-ridijt~ [Z:til T ransit 41ttd~ i5 identift ins potential station locaiiorts_attd transit-oriented development r}t~t~nrtttnitirs. This location anaivsis has identified the area of }lol~kitts iazat- L'.S. l-Ii~~rh++av 16y as a lik~l'< location frrr a~rl~-anc[-ride trinsi[ ;tatiotl. Thy 5outlt+~est Flail Stu_d~t'ovides a stimulus anr~ a€a€1 ~~»~tpnit~_.to ortmt+lelC a. contprzhensi'<~e study of the area.+~ftich is to he accumplishrd b+ this Station Area Devclr~~nt Plan. fn ac9dition to der~lo ~in« ti stud+- c~trc~a in+i.nti~r+: rind identifiin<< alrernati+e station locations, this Station Area I~oveln m~ teat Plan +vill attah ze issues such as the station's cottttecti`'it~' to l~o++~nto~~t~ Ho},I:.ins- pctrl~in~, and traffic intp~tets. sl~a~e and itti~i•astruciute rccittirentents for a part.-and-ride station- ntat'I~et :end financial feasibility of de~elc~t~€nent cottt;]lementar~ to F3o++nw+v€t Ntspl:in5.. The City of He}pkins is home to a thri~•in~,- +iaikable Do~tvttown~l~~lainsn-eet located +~ithin the ~tud+ art Et. The [dot+ntuayn at-e.a c~tntains numerous retail. restat€ranl- and office est~~blishmcn[s a~ well as a busy nu~vie theater anti a CiTI-owned arts faciiit~. .~ ne++ mi.sed_-ttse deg el~~pttteni- ~1arl:etl~lac:e 1_~~fts, is scheduled fnr cc~nstructirtn in the fall ist"_'Ct0?. Ttt~-ite++ develu~mettt wilt ~e ln_cated on tilainsh~eet and.++ili i,~>_clud~ restaurant :end retail mace++ith ~1f7 o+~ner-occupied Itousin~= units ahme. A-](?RE TO BE .aDDE.,f~ Station Area Development Plan 2 Hennepin Corrrmunrfy Works Hennepin County ?ant i.s~nl~sletc Formatted: Centered T~ • . Marketplace Lofts r- -, \.L ,-. ,,".... .~ '~1'1q . r'~~ f ' :~~'~'~b2::.~~~ ~- -' . " iII, ":' -- ... -.. ..._~~. .. . _ ~_. a.c-.....r"., .-'~~' . .-~~--'--'-. , ,~,-"'~ It'I''Tnn:~,, t f _' " 0 , " , ':'; ,~.., - '~,:r- -, r,.-L,r""', ,r':-'''l:~.r 1 'f-"l.--.l" -J 1..._~ ---- I ~f ' I i f, if ,I ,.', [' ." .. I .,', , ~t n t . ~~" , ,~ " ii" ,J G 'eH W - n ,- ~: '''" T; C, : 2' f t' , ~ - ~ " I," + f" '" " Z , tr ',' (".. ,,> ". 1. <- L _ _ _ J 1 ~) : ~...-::_,'.~~" ~ it · f 1"::"'\ f :: - -. ,f~' i ',' , ..., ,.. fj-- L" .,'- < .c _ ~7' ~ - t :~': . _ - . _.. ~ (t 'C' i - . N . t~;i' 3. SCOPE OF SERVICES The following list summarizes tasks to be completed as part of this study. The consultant may suggest in their proposal additional tasks that could enhance the study process and product. The consultant is directed to include a description of their proposed methodology, associated deliverables, and the estimated staff hours by employee classification for each task listed below. Task #1: Study Area Inventory The consultant will develop an inventory and maps documenting current land uses, property owners, land values, streets and infrastructure within the study Area, Delivcrable: GIS maps and associated databases documenting the land use pattems, land and building values, owners and tenants addresses within and the study area. Station Area Development Plan 3 Hennepin Community Works Hennepin County . -.- -- ---- . Task #2: Station Location Alternatives Analysis The consultant will conduct an analysis to deternline the op timumlocationGJ of the Southwest Corridor transit station. Scenarios will be dewluped and evaluated which take into consideration as to whether the station will be an en-route stop versus the western most terminus oflhe Southwest Corridor. Analysis will include cost/benetlt to the Cit\'. station space requirements, involved constraints. tax effect. bllJ \)wnershjJ2. difficulty/cost of acquisition, ease of access, etc. Both the positive and negative aspects of each alternative should be exam ined. Deliverable: Summarv of location <1nalvsis, pros ill1d cons of each site. cnllstmints. ete Cost,'benefit ana)vsi:; (~ftcct Qn tax rolls. bendit due to .gcvelopmenl. cosls III 1ht' Cit\lQ[ potential locations.'approaches. Concept design plan for the proposed transit station{ sL Task #3: Cormectivity to Downtown Hopkins/eBO The consultant will undertake an analysis of the cOIll1ectivity of the transit station to Downtown Hopkins. This will include detemlining a pedestrian friendly route from the I transit station to Mainstreet (fea~ibilit\- of OJ pedestrian bridQe. etc.) and a study of workforce mobility to get workers downtov.rn and give residents more transportation I choices. Also included will be an analvsi" of pedestrian and \eh ide traffic and an examination of regional trail connections. De/iJ'erable: Technical memorandum documenting the methodology and results of the connectivity analysis. A concept design circulation plan, access, parking, transitions and . I comlections to adjacent areas. Task #4: Parking Impacts and Requirements for Park and Ride The consultant will examine projected ridership and park and ride numbers for the transit station. This infomlation will be used to deternlme the size of the required parking lot or ramp required to serve the station. Access to and from the parking facility from the station and highway will also be examined. A larEc parI-in!:!. lot. "sea of pavement" ~itualiol1 is not desirabk. Ramp"structl1red parkin!.' should be cnllsidcrcd where parking requirel1lQl1s ur..<:; proiected t~ be in e:-;cc:ss of 100 vehicJe~. Deliverah!c: Technical memorandum documenting projected ridership and parking I requirementsJ2m;ed ol]Jhe illy:rnativc SC~11~jrios. Task #5: Local Traffic Impacts The consultant will conduct a traffic study to include street crossings, projected traffic impacts, required upgrades/construction, access points. and feeder bus routing. Station Area Development Plan 4 Hennepin Community Works Hennepin County . -- . Delil'crable: Technical memorandum documenting the methodology and results of the traffic and feeder bus analysis. Task #6: Market and Financial Feasibility The consultant will undertake an analysis of the fmancial and market feasibility of I development adjacent to proposed station sites and in Downtown Hopkins inciuding the integration of future development .which. complements the existing do~ntown. l Oeleted: with the ] Delil'erable: Technical memorandum that creates sources and uses for future I development. DeydoPIlJ.s:nlQPJJortuni!ies. oQjjons and constraints shuuld b? dctai..l.",d. Task #7: Future Land Use Impacts I Development Opportunities The consultant will evaluate the projected changes to area land uses and businesses stemming from rail transit and the transit station. This evaluation is to include the positive and negative impacts of these changes. The consultant will also examine the potential for transit oriented development and development complementary to Downtown Hopkins. Deliverable: Technical memorandum including GIS maps that document the methodology and conclusions of the development opportunities evaluation. Task #8: Environmental Issues The consultant will conduct an analysis of the potential impact on air quality and increase . in sound levels as a result of the transit station. Deliwrabll?: Technical memorandum including sound contours maps that document the methodology and conclusions of the environmental analysis. Task #9: Funding Issues The consultant will detennine alLpotential costs for each station alternative and the projected cost of associated upgrades im;luJiT1~ infraSlrtlcture u!1ld:rsJes that nlm l~~ required as a result orthe tL<ln~it staliLl1l and associ8ted devdorment. Dc!i\'f.!rab/e: Cost breakdown for all station alternatives. Task #10: Public Involvement Activities The consultant will outline a public involvement process that will effectively involve key stakeholders, clearly identify issues and opportunities, and develop goals, objectives, and strategies for the study area. The consultant should describe the tasks and provide an I hourly budget for the proposed public involvement process. Techniques to be comidered Station Area Development Plan 5 Hennepin Community Works Hennepin County . . I i~.cJud:; pub.lie il1fonnat!onal, meet~l1l!s. rcsident'stukeholder s.urvevs. presentation,s to the (It\' C Dllnei! and Plannmg C 0I111111SSIO)1. City staff wIll provIde the consultant wIth the key stakeholder groups for this study. Task #11: Study Report The Consultant will compile a draft study report describing the infonllation and analysis developed in the first 8 tasks. The Consultant will produce 10 copies of a draft study report and 30 copies (20 hardcopies and 10 CD ROMs) of the final study report. The draft study report will be prepared with adequate time for review and comment by the Teclmical Advisory Committee (T AC). The final study report will be produced in a web ready format (e.g. PDF). De/iw?rable: 10 copies ofthe draft study report and 30 copies (20 hardcopies and 10 CD ROMs) of the final study report. The final study report will be produced in a web ready format. 4. PROJECT REQUIREMENTS The consultant's work will include regular interaction with a Technical Advisory Committee (T AC). The T AC's relationship to the consultant's work is advisory; final authority related to contract administration and perfomlance rests with the contract manager. Helmepin County. Consultants will be expected to attend T AC meetings to provide updates. obtain clarification or present proposals. The T AC is expected to meet monthly throughout the duration of the study. . Schedule Requirements Consultants are expected to submit proposed timelilles related to project activities as part of their proposal. Reportinq Requirements As noted above, consultants are expected to fulfilI communication/interface requirements. This includes one fannal meeting per month and weekly contact with the study manager Andrew Gillett. Proposal Format Applicants are instructed to use the following fom1at in preparing their proposals. The Proposal Fom1at section of the proposals should be complete, but RESPONSES MAY NOT EXCEED twenty (20) single-sided pages in length and should be prepared using a standard 12-point font. NmTative pages may be single-spaced. This twenty-page restriction includes a budget and supporting narrative, but does not include the Proposal Synopsis page. The Attaclllilents and Appendices should also be limited to twenty pages in length and contain resumes, projects previously completed. and letters of support i recommendation. Pages in excess of these lO-page maximums will be removed from the application prior to distribution to Selection Committee members. Station Area Development Plan 6 Hennepin Community Works Hennepin County . . Cover Letter Provide a cover letter that identities the consultant and all subconsultants. If a subconsultant will be involved in the study process, the applicant must identify the subconsultant and describe the specific services that will be provided by the subconsultant. Proposal Synopsis All applicants must provide a synopsis of their proposal, maximum length two (2) pages. Include in this synopsis: applicant / partner name, address, contact person, phone number: demonstrated project list, description of key project activities and other relevant infoffilation. Briefly describe the team's understanding of the project, in approximately 250 words. and include this in the proposal synopsis. Disclosures Proposers must identify past or present involvement in the project area and all current projects ,vi thin Hennepin County that are public in nature. Team Composition and Areas of Expertise Provide a description of your organization and areas of expertise. Applicants should be specific about team members' responsibilities when describing projects previously completed. This description should identify key persoilllel assigned to the project. as well as an identified project manager. The proposal will include a description of reporting relationships among team members, illustrating accountability, responsibility, and decision-making authority. . Methodoloqy and Scope Describe the work approach and fonnat your finn will utilize to complete the project. Consultants are to submit timelines related to project activities and an allocation of statT resources as well as overall distribution of time and effort by project phase in their proposals. Budqets The respondent should include a matrLx outlining by task the estimated staff hours by staff classification. PLEASE NOTE: Due to the use of federal funds for this study the respondent must use a separate envelop to submit a budget categorizing expenses by task, dollars. and hours relevant to the scope of work. The C'onsultant should provide an estimated fee and billing rate schedule, ,vhich will include the following elements: An estimated fee for the project based on their understanding of the project and services included herein. Itemize the estimate according to project phases and types of services. Based on past experiences. estimate the reimbursable expenses and include in overall project budget. An hourly rate schedule for all personnel that will be assigned to the project. Station Area Development Plan 7 Hennepin Community Works Hennepin County . --- --.- . Timetable NO',Tmber 16, 2002 Questions & Intent to Propose due December 7, 2001 Proposal due Janua!)' 7 I I. 2007 Consultant Interviews. if deemed necessary January I 1. 2002 Selection of Consultant with interviews December 21, 2001 Selection of Consultant without interviews Proposals must be submitted no laler than Friday, December 7, 7001 at 4:00 p.m. Proposals received after that time will be returned unreviewed to the applicant. The Proposer shall agree that it is responsible for all tenJ1S. conditions, promises, data, representations, and all infoffi1ation included in its proposal. Proposer shall clearly identify any subcontractors it intends to use in its effort and shall agree that all subcontractors shall adhere to the requirements of this RFP and the Agreement signed to allow payment of costs. The Proposer shall acknowledge that all paperwork models, notes, concepts, and ideas created by its employees or derived from the same pursuant to this contract are the exclusive and perpetual property of Hennepin County. Inquiries and Questions Prospective consultants may nddress questions related to this RFP in writing to the following name and address. Questions must be received by 1 :30 PM on Friday, . November 16, 200L Hennepin County Attn: Andrew Gillett 4 I 7 North Fifth Street MilmeapoIis, MN 55401-1362 Andre\\i. GilIett@.co.hennepin.mn.us Hennepin County will answer all written requests received prior to Friday, November 16, 3{J{H. at 4:30 PM, and copies of the questions and answers will be transmitted to all prospective consultants who have notified the county of their intent to propose. It is requested that all applicants provide their e-mail address to Hemlepin County in order to expedite this process. No other technical assistance will be offered by Hennepin County in regard to this Request for Proposals. Limitations The issuance of this RFP constitutes only an invitation to submit proposals to Hennepin County. Any proposal submitted, as provided herein, constitutes a recognition of the fact that the proposal is nol a bid [Iud is not being submitted as a part of the bid process and of Station Area Development Plan 8 Hennepin Community Works Hennepin County . -- -- ..- - . the fact that Helmepin County, in its sole discretion, may require the negotiation of the cost and any of the ternlS of the contract between Hennepin County and any proposer(s). This RFP does not commit Hennepin County to award a contract, to pay any costs incurred in the preparation of a proposal for this request, to procure or contract for services or to award to the lowest-priced proposal. Hennepin County reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with all qualified sources, or to cancel in part or in its entirety this RFP, if it is in the best interest of Hennepin County to do so. Hennepin County may require the entities selected to participate in negotiations to submit any fiscaL technical, or other revisions of their proposals that may resul! from negotiations. The Hennepin County reserves the right to use any or all proposer ideas and I or approaches presented. Selection or rejection of the proposal does not affect this right. Contract Award Helmepin County may award a contract based on offers received, without discussion of such offers with the applicants. Each offer should, therefore, be submitted in the most favorable ternlS from a cost, programmatic and teclmical standpoint. Evaluation of proposals will be based on the following criteria: Displayed understanding of the project, e.g" transit related community development, Previous experience with relevant planning and engineering projects, Cost estimate for consultant services, Qualifications of personnel assigned to the project. as related to requirements of the project A vailability of key persOlmeL Ability to meet Hennepin County contract requirements, and . Ability to complete work on schedule. Contractinq Procedure Hennepin County will enter into a Cost Reimbursement Contract with the successful consultant. Payment to the contractor will be based on costs incurred. consistent with the budget. perfoffilance, and the work statement. See Appendix A for contract provisions that will be contained in the contract Hennepin County enters into with the selected firnl. Proposals should indicate the firm's willingness to agree to such contract provisions. Issuance This RFP is issued and administered by the Hemlepin County Transit & Community Works. Sollcltation All applicants must submit the original proposal plus ten (10) copies to: Hennepin County Department of Housing. Community Works & Tnmsit Attn: Andrew Gillett 417 North Fifth Street Station Area Development Plan 9 Hennepin Community Works Hennepin County . -- -- --- ----- -- . Minneapolis, MN 55401-1362 . Station Area Development Plan 10 Hennepin Community Works Hennepin County . -- HENNEPIN COUNTY CONTRACT PROVISIONS . Th~ following are sample contract provisions. Proposer must indicate in the proposal their willingness and ability to agree to these, or similar temls, if a contract is awarded. Compensation and Expense Reimbursement Contractor shall submit itemized invoices to the County for services rendered and reimbursable expenses reasonable in amounts and incurred in and directly related to the pelfomlance of this agreement, and the total sum to be paid Contractor hereunder shall not exceed $ (the agreed to contract amount will be inserted here) Payment shall be made within 45 days of the date of completion of services or the date of receipt of the invoice, whichever is later, provided that invoices shall not be submitted more often than monthly. Reimbursable expenses shall include only: (agreed to reimbursable expenses will be inserted here). Reimbursement for travel expenses shall be govemed solely by the expense reimbursement provisions of the travel policy contained in Section CAll of the Hennepin County Administrative Manual. Payment shall be made in the manner prescribed by law goveming the County's payment of claims andlor invoices and shall be made without any deductions whatsoever. Indemnification TIle Contractor agrees to defend, indenmify, and hold llamlless the County, its elected officials, officers, agents. volunteers and employees from any liability, claims, causes of action, judgements, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the Contractor, its subcontractors, anyone directly or indirectly employed by them and/or anyone for whose . acts andlor omissions they may be liable in the perfomlance of the services required by this contract, and against all loss by reason of the failure the Contractor to perform fully, in any respect. all obligations under this contract. Insurance In order to protect the Contractor and those listed above under the indemnification provisions, the Contractor agrees at all times during the tenll of this Agreement and beyond such tenn when so required, to have and keep in force insurance as follows: Commercial General Liability Amount including contractual liability coverages with the following limits Contractual Liability must be included: General Aggregate $1,000,000 Products-completed Operations Aggregate $1,000,000 Personal and Advertising Injury Aggregate $1,000,000 Station Area Development Plan 11 Hennepin Community Works Hennepin County . . Each Occurrence-Combined Bodily Injury and Property Damage $1,000.000 Automobi]e Liability Combined single limit each occurrence for bodily injury and property damage covering $1,000,000 owned, non-owned, and hire automobiles. Workers Compensation and Emp]oyers Liability: (a) Workers Compensation Statutory (b) Accident Employer's Liabi]ity. Bodi]y injury by: Accident - Each accident $100,000 (c) Professional Liability - Errors and Omissions: Per claim $1,000,000 Aggregate $] ,000,000 An umbrella or excess policy over primary ]iability coverages are an acceptable method to provide the required insurance amounts. The above establishes minimum insurance requirements. It is the sole responsibility of the Contractor to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. All insurance policies shall be open to inspection by the County. and copies of policies shall be submitted to the County upon written request. . The Contractor shall not commence work until it has obtained required insurance and filed an acceptable Certificate ofInsurance with the County. The certificate shall: Name Hennepin County as certificate holder and as an additional insured with respect to operations covered under the contract for all liability coverages except Workers Compensation and Emp]oyers Liabi]ity, and Professional Liability, if applicable. Be amended to show that Hennepin County will receive 30 days \vritten notice in the event of cancellation, non-renewal, or material change in any described policies. Affirmative Action Policies Non-discrimination In accordance with H~nnepin County's policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program service ()f activity on the grounds of race, color, creed, religion, age, sex, disability. marital status, affectional/sexual preference, public assistance status, ex-offender status, or national origin; and no person who is protected by applicab]e federal or state laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. Station Area Development Plan 12 Hennepin Community Works Hennepin County . . Contract Compliance Further, if this Agreement is for a sum of over $50,000 or is one of several contracts with said Contractor within a 12-month period totaling more than $50,000 or is amended to exceed $50,000 and a written exemption was not granted or was withdrawn by the County's Targeted Contract Services Division Director, Contractor and County agree that (1) Hennepin County's Appendi.x X, Y, or Z as appropriate fOffilS and is a part of this Agreement as though fully set forth herein, (2) Contractor will furnish all infonnation and reports required by the Hennepin County Affimlative Action Policy, and (3) Contractor shall adopt and comply with the Hennepin County Board's Equal Employment Opportunity/Affinnative Action Policies with regard to employment and contracting. If at any time during the contract period the basis of an approved exemption should change, Contractor shall infoml the Director in writing within 10 calendar days from the date of such change. Recvc/inq Proqram The County encourages the Contractor to develop and implement an office paper and newsprint recycling program. Assiqnment Contractor shall not assign. sublet transfer or pledge this contract and/or the services to be perfornled hereunder, whether in whole or in part. without prior written consent of the County. Independent Contractor It is agreed that nothing herein contained is intended or should be construed in any . maMer as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Contractor as the agent. representative or employee of the County for any pUlTJose or in any manner whatsoever. Contractor is to be and shall remain an independent contractor with respect to all services perfomled under this contract. Contractor represents that it has. or wiII secure at its O\\1n expense, all personnel required in perfoffiling selTices under this contract. Any and all personnel of Contractor or other persons, while engaged in the perfomlance of any work or services required by Contractor under this contract. shall have a contractual relationship with the County and shall not be considered employees ofthe Coullty, and any and aU claims that mayor might arise under the Workers Compensation Act ofthe State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or persormel arising out of employment or alleged employment including, without limitation, claims of discrimination against the Contractor. its officers, agents, contractors or employees shall in no way be the responsibility of the County: and Contractor shall defend, indemnify and hold the County. its conmlissioners, officers, agents and employees harnlless from any and all such claims regardless of any detennination of any pertinent tribunaL agency, board, commission, or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from tlte County, including without limitation, tenure Station Area Development Plan 13 Hennepin Community Works Hennepin County . . rights, medical and hospital care. sick and vacation leave, Workers' Compensation. Re- employment Compensation, disability severance pay and PERA. County's Riqht to Audit Books and Records Contractor agrees that the County, the State Auditor or any of their duly authorized representatives, at any time during nOffilal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent and involve transactions relating to this agreement. Such material must be retained for six years by the Contractor after contract temlination or cancellation. Contractor's accounting practices and procedures relevant to this contract shall also be subject to examination by any or all of the aforesaid persons as often as and during such times as aforesaid. Default If Contractor shall fail to fulfill its obligations under this contract properly and timely, or if Contractor shall violate any ofthe covenants, agreements. or stipulations of this contract, thereupon the County shall have the right to temlinate this contract if Contractor has not cured the default after receiving seven days written notice. This contract may then by temlinated by the County by giving at least three days written notice to contractor of such tennination and specifying the effective date thereof. County shall not be obligated to pay for services provided in an unsatisfactory manner. Notwithstanding the above, Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of this contract by Contractor, and the County may withhold any payments to the Contractor for the purpose of set-off . until such time as the exact amount of damages due the County is detennined. It is agreed that any right or remedy provided for herein shall not be considered as the exclusive right or remedy of the County for any default in any respect by the Contractor, but such right or remedy shall be considered to be in addition to any other right or remedy hereunder or allowed by law, equity, or statute. The County's failure to insist upon strict perronnance of any covenant, agreement. or stipulation of the contract or to exercise any right herein contained shall not be a waiver or relinquishment of such covenant. agreement. stipulation, or right, unless the County consents thereto in \vriting. Any such written consent shall not constitute a waiver or relinquishment in the future of such covenant. agreement, stipulation or right. Station Area Development Plan 14 Hennepin Community Works Hennepin County .