CR 02-178 Hopkins Station Area Development Plan
C\lY Or:
~
November 19, 2002 HOPKINS Council Report 2002-178
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APPROVE RESOLUTION AUTHORIZING HOPKINS STATION AREA
DEVELOPMENT PLAN IN COOPERATION WITH HENNEPIN COUNTY
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution 2002R104
Authorizing Hopkins Station Area Development Plan in Cooperation with Hennepin
County.
Overview
City staff has been working with Hennepin County to develop a draft Request for Proposals
(RFP) concerning a study intended to identify potential rail transit station locations in Hopkins
and to analyze the various transportation, land use and economic development issues
associated with such stations. An important aspect of the study would be to determine how to
best take advantage of the benefits of rail transit stations in Hopkins (from an economic
development and/or transportation standpoint, etc.) while accommodating the expected
increases in traffic and parking requirements as well as other potential concerns.
Primary Issues to Consider
. . Who would conduct the study (the City or Hennepin County) and how much will it cost?
. Is there a local match required?
. What type of information is included in the RFP?
. How long will it take to complete the study?
Supporting Information
. Resolution 2002-104.
. Draft Request for Proposals: Hopkins Station Area Development Plan.
o ~
<~~
Assistant to the City Manager
Financial Impact: $_(staff timeL Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
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. Analysis of Primary Issues
. Who would conduct the study (the City or Hennepin County) and how much will it
cost?
The study would be conducted in cooperation with Hennepin County and a qualified consultant,
to be chosen by the county. A consultant will be chosen through the County's RFP/contracting
process. City staff will work on the project as part of study's Technical Advisory Committee.
The City will not be required to enter into a contract as Hennepin County would be the sole
contracting agency. Hennepin County has dedicated $100,000 in funds (originally federal
funds) to be used for the study.
. Is there a local match required?
No local matching funds would be required. The only anticipated cost to Hopkins would be City
staff time dedicated to the project.
. What type of information is included in the RFP?
The final RFP outlines the components of the study and the deliverables to be developed by the
consultant, as well as Hennepin County's standard contract provisions.
. How long will it take to complete the study?
. It is anticipated that the study would take between nine and twelve months to complete.
Staff Recommendation
Staff recommends approval of Resolution 2002-104 Authorizing Hopkins Station Area
Development Plan in Cooperation with Hennepin County.
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CITY OF HOPKINS
. HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2002-104
RESOLUTION AUTHORIZING HOPKINS STATION AREA DEVELOPMENT PLAN
IN COOPERATION WITH HENNEPIN COUNTY
WHEREAS Hennepin County is currently conducting the Southwest Corridor Rail
Transit Study to determine the feasibility of rail transit operations in the cities of
Minneapolis, Sf. Louis Park, Hopkins, Minnetonka and Eden Prairie; and
WHEREAS Hennepin County has indicated a desire to undertake, in cooperation
with the City of Hopkins, a rail transit station area study, the Hopkins Station Area
Development Plan, for Hopkins based on the most likely alignment alternatives as
indicated by the Southwest Corridor Rail Transit Study; and
WHEREAS City staff has worked closely with Hennepin County staff in drafting a
Request for Proposals (RFP) for the Station Area Development Plan; and
WHEREAS the City of Hopkins Comprehensive Plan states that "the City will
publicize the expected location of the LRT station in the community in order to promote
the use of this new travel mode and also to make the general public aware of the easy
. access Hopkins enjoys to the Central City."
NOW, THEREFORE, BE IT RESOLVED, that the City of Hopkins supports
Hennepin County's efforts to conduct the Hopkins Station Area Development Plan and
authorizes City staff to work with Hennepin County and the County's designated
consultant in conducting the study.
Adopted by the City Council of the City of Hopkins, Minnesota, this day of
,2002.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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REQUEST FOR PROPOSALS
Station Area Development Plan
Hopkins, MN
Issued by Hennepin County in Partnership
with the City of Hopkins
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Hennepin County
Department of Honsing, Community Works & Transit
417 North 5th Street
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. 1, PURPOSE
This Request for Proposals (RFP) is being issued by Hennepin County in partnership with
the City of Hopkins to solicit proposals for the development of a Station Area
Development Plan for the Southwest Corridor transit station to be located in the City of
Hopkins.
The study area is generally defined as the area bounded by I ih A venue to the west, the
Hemlepin County Regional Authority right-of-way (SW LRT Trail) and the CP Rail Line
on the south (including properties immediately adjacent and to the south of the HCRRA
right-of-way and the CP rail line), Blake Road to the east and 151 Street North to the north
(See Attachment A for a more detailed account of the study area).
An amount not to exceed $100,000 has been budgeted for this Development Plan. The
study must be completed within nine months of the contract award date.
2. BACKGROUND
Hennepin County has undertaken a study to determine the feasibility of developing rail
transit from downtown Minneapolis to the southwest suburbs and to plan for such a
system. A major component of the Southwest Corridor Rail Transit Study is identifying
. potential station locations and transit oriented development opportunities. This location
analysis has identified three areas in the City of Hopkins as likely station sites. These
locations include an area near Blake Road at the intersection with the SW LR T trail
corridor, the area near U.S. Highway 169 and Excelsior Boulevard, and the area west of
U.S. Highway 169 between 1 ih and lOlh Avenues near the SW LRT trail corridor in the
City of Hopkins.
The Southwest Rail Transit Study provides an impetus and an opportunity to complete a
comprehensive study of the area which is to be accomplished by this Station Area
Development Plan. In addition to developing a study area inventory and identifying
alternative station locations, this Station Area Development Plan will analyze issues such
as the station's connectivity to downtown Hopkins, parking and traffic impacts, space and
infrastructure requirements for a park and ride station, and market and financial feasibility
of development complementary to downtown Hopkins. An important aspect of the
Station Area Study will be the various cost-benefit analyses related to these issues.
The City of Hopkins (population 17,145) is home to a tlrriving, walkable
downtownJMainstreet located within the study area. The downtown area contains
numerous retail, restaurant, and office establishments as weJl as a busy movie theater and
a city-owned arts facility. A new mixed-use development, Marketplace Lofts, is
scheduled for construction in the fall of 2002. The new development will be located on
Main Street and will include restaurant and retail space on the street level with forty-nine
. owner-occupied housing units located above.
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. 3. SCOPE OF SERVICES
The following list of tasks summarizes the work 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 deliverabJes, 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.
Deliverable: GIS maps and associated databases documenting the land use patterns, land
and building values, owner and tenant addresses within and the study area.
Task #2: Station Location Altematives Analysis
The consultant will conduct an analysis to determine the optimum location(s) of the
Southwest Corridor transit station. Alternative scenarios will be developed and evaluated
to take into consideration whether the station will be an en-route stop versus the westem
. most terminus of the Southwest Corridor. The alternatives analysis will also take into
consideration the alignment alternatives being studied by the Southwest Conidor Rail
Transit Study, focusing on the most likely alignments and station needs. Additional
consideration should be given to the possibility of routing the rail line into/through
downtown Hopkins (e.g., at Mainstreet), especially if Hopkins were to be the western
ternlinus or if an additional segment/spoke were added to the system. Analysis will
include cost/benefit to the City (costlbenefit analysis), station space requirements,
involved constraints, tax effect, land ownership, difficulty/cost of acquisition, ease of
access, etc. Both the positive and negative aspects of each alternative should be
examined.
Deliverable: Sunnnary of location analysis, pros and cons of each site, constraints, etc.
Cost-benefit analysis (effect on tax base, benefit due to development, increased customer
traffic for downtown businesses, costs to the City, etc.) of potential locations/approaches.
Concept design plan for the proposed transit station(s).
Task #3: Connectivity to Downtown Hopkins/CBD
The consultant will undertake an analysis of the cOtmectivity of the transit station to
downtown Hopkins. This will include detennining a pedestrian friendly route from the
transit station to Mainstreet (feasibility of a pedestrian bridge, etc.) and a study of
workforce mobility to get workers downtown and give residents more transportation
. choices. Consider the use of a trolley-type circulator bus to downtown. Also included
will be an analysis of pedestrian and vehicle traffic and an examination of regional trail
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. cOlmections. As indicated under Task #2, consideration should also be given to the
possibility of routing the rail line into/through downtown Hopkins.
Deliverable: Technical memorandum documenting the methodology and results ofthe
connectivity analysis. A concept design circulation plan, access, parking, transitions and
connections 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 information will be used to determine 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 large parking lot, "sea of pavement"
situation is not desirable. Ramp/structured parking should be considered where parking
requirements are projected to be in excess of 100 vehicles. Discuss the benefits of City-
ownership of the lot. A key question concerns the ownership of the lot and whether there
would be any benefits to the City in owning the lot.
Deliverable: Technical memorandum documenting projected ridership and parking
requirements based on the alternative scenarios.
. Task #5: Local Traffic Impacts
The consultant will conduct a traffic study to include street crossings, projected traffic
impacts, required upgrades/constmction, access points, and feeder bus routing.
Deliverable: 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 financial and market feasibility of
development adjacent to the proposed station sites and in downtown Hopkins, including
the integration of future development which complements the existing downtown.
Deliverable: Technical memorandum that creates sources and uses for future
development. Development opportunities, options and constraints should be detailed.
Task #7: Future Land Use Impacts / 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 negat1ve impacts of these changes. The consultant will also examine the
. potential for transit oriented development and development complementary to downtown
Hopkins.
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. Deliverable: Technical memorandum including GIS maps that document the
methodology and conclusions ofthe development opportunities evaluation.
Task #8: EnvirOlIDlental 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.
Deliverable: Technical memorandum including sound contours maps that document the
methodology and conclusions of the environmental analysis.
Task #9: Funding Issues
The consultant will determine all potential costs for each station alternative and the
projected cost of associated upgrades including infrastructure upgrades that may be
required as a result of the transit station and associated development.
Deliverable: 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
hourly budget for the proposed public involvement process. Techniques to be considered
include public informational meetings/open houses, informational literature such as
brochures or newsletters (to be mailed or otherwise distributed) resident/stakeholder
surveys, and presentations to the City Council and Planning Commission. Newsletters
regarding public meetings and open houses will be published within two weeks of the
event. City staff will also 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 information and analysis
developed in the above listed tasks. The Consultant will produce 10 copies of a draft
study report and 30 copies (20 hardcopies and lOCO 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).
Deliverable: 10 copies of the 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
fomlat.
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4. PROJECT REQUIREMENTS
The consultant's work will include regular interaction with a Technical Advisory
Committee (TAC). The TAC's relationship to the consultant's work is advisory; final
authority related to contract administration and performance rests with the contract
manager, Hennepin 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 timeIines related to project activities as part
of their proposal.
Reportinq Requirements
As noted above, consultants are expected to fulfill communicationlinterface requirements.
This includes one formal meeting per month and weekly contact with the study manager
Andrew Gillett. Consultant will also provide detailed written monthly status reports that
document all completed work to date with current expenses and charges broken down by
task.
. Proposal Format
Applicants are instructed to use the following fomlat in preparing their proposals. The
Proposal Fonnat 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. Narrative pages may be single-spaced. This twenty-page
restriction includes a budget and supporting narrative, but does not include the Proposal
Synopsis page. The Attachments and Appendices should also be limited to twenty pages
in length and contain resumes, projects previously completed, and letters of support /
recommendation. Pages in excess of these 20-page maximums will be removed from the
application prior to distribution to Selection Committee members.
Cover Letter
Provide a cover letter that identifies 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
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. information. 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 cun-ent
projects within 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 personnel 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 fOffi1at your firm will utilize to complete the project.
Consultants are to submit timelines related to project activities and an allocation of staff
resources as well as overall distlibution of time and effort by project phase in their
proposals.
. Budgets
The respondent should include a matrix 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 Consultant should provide an estimated fee and billing
rate schedule, which 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 persOlmel that will be assigned to the
project.
Timetable
November 16, 2002 Questions & Intent to Propose due
December 7, 2001 Proposal due
January 7 11, 2002 Consultant Interviews, if deemed necessary
January 11, 2002 Selection of Consultant with interviews
. December 21, 2001 Selection of Consultant without interviews
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. Proposals must be submitted no later than Friday, December 7, 2001 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 terms, conditions, promises, data,
representations, and all information 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 papeIWork, 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 Helmepin County.
Inquiries and Questions
Prospective consultants may address questions related to this RFP in writing to the
following name and address. Questions must be received by 4 :30 PM on Friday,
November 16, 2001.
Hennepin County
Attn: Andrew Gillett
417 North Fifth Street
Minneapolis, MN 55401-1362
Andrew. Gillett@co.hennepin.mn.us
. Hennepin County will answer all written requests received prior to Friday, NO'lember 16,
2001, at 4 :30 PM, and copies of the questions and answers will be transmitted to all
prospective consultants who have notified the county oftheir intent to propose.
It is requested that all applicants provide their e-mail address to Helmepin 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 not a bid and is not being submitted as a part ofthe bid process and of
the fact that He1ll1epin County, in its sole discretion, may require the negotiation of the
cost and any ofthe terms 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 He11l1epin County to do so. Helmepin County may require the entities selected to
participate in negotiations to submit any fiscal, technical, or other revisions of their
. proposals that may result from negotiations.
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. The Hemlepin County reserves the right to use any or all proposer ideas and / or
approaches presented. Selection or rejection of the proposal does not affect this right.
Contract Award
Hennepin 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 terms from a cost, programmatic and technical 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 ofthe
proj ect,
Availability of key personnel,
Ability to meet He11Ilepin County contract requirements, and
Ability to complete work on schedule.
Contracting 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, performance, and the work statement. See Appendix A for contract provisions
that will be contained in the contract Hennepin County enters into with the selected firm.
Proposals should indicate the firm's willingness to agree to such contract provisions.
Issuance
This RFP is issued and administered by the Hennepin County Transit & Community
Works.
Solicitation
All applicants must submit the original proposal plus ten (10) copies to:
Hennepin County Department of Housing,
Community Works & Transit
Attn: Andrew Gillett
417 North Fifth Street
Minneapolis, MN 55401-1362
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. HENNEPIN COUNTY CONTRACT PROVISIONS
The following are sample contract provisions. Proposer must indicate in the proposal
their willingness and ability to agree to these, or similar terms, 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
perfonnance 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
governed solely by the expense reimbursement provisions of the travel policy contained
in Section CAll ofthe Hennepin County Administrative Manual. Payment shall be
made in the malmer prescribed by law governing the County's payment of claims and/or
invoices and shall be made without any deductions whatsoever.
Indemnification
The Contractor agrees to defend, indemnify, and hold harmless 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 and/or omissions they may be liable in the performance of the services required by
this contract, and against all loss by reason ofthe 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 term ofthis Agreement and
beyond such term 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
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. Each Occurrence-Combined Bodily Injury
and Property Damage $1,000,000
Automobile 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 Employers Liability:
(a) Workers Compensation Statutory
(b) Accident Employer's Liability. Bodily injury by:
Accident - Each accident $100,000
(c) Professional Liability - Errors and Omissions:
Per claim $1,000,000
Aggregate $1,000,000
An umbrella or excess policy over primary liability 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 of Insurance 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 Employers Liability, and Professional Liability, ifapplicable.
Be amended to show that Hennepin County will receive 30 days written notice in the
event of cancellation, non-renewal, or material change in any described policies.
Affirmative Action Policies
NOll-discrimination
In accordance with Hemlepin County's policies against discrimination, no person shall be
excluded from full employment rights or participation in or the benefits of any program
service or activity on the grounds of race, color, creed, religion, age, sex, disability,
marital status, affectiona1/sexual preference, public assistance status, ex-offender status,
or national origin; and no person who is protected by applicable federal or state laws,
. rules and regulations against discrimination shall be otherwise subjected to
discrimination.
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. 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 Appendix X, Y, or Z as appropriate forms and is a part of this
Agreement as though fully set forth herein, (2) Contractor will furnish all information
and reports required by the Hennepin County Affirmative Action Policy, and (3)
Contractor shall adopt and comply with the Hennepin County Board's Equal Employment
Opportunity! Affilmative 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 inform the Director in writing within 10 calendar days horn the date of
such change.
Recycling 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 perfom1ed 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
manner 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 purpose or in any manner whatsoever. Contractor is to be and shall
remain an independent contractor with respect to all services performed under this
contract. Contractor represents that it has, or will secure at its own expense, all personnel
required in performing services under this contract. Any and all persOlmel of Contractor
or other persons, while engaged in the performance 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 of the County, and any and all claims that mayor
might arise under the Workers Compensation Act of the State of Mim1esota on behalf of
said personnel or other persons while so engaged, and any and all claims whatsoever on
behalf of any such person or personnel arising out of employment or alleged emploYluent
including, without limitation, claims of discrimination against the Contractor, its officers,
agents, contractors or employees shall in no way be the responsibility ofthe County; and
Contractor shall defend, indenmify and hold the County, its commissioners, officers,
agents and employees harmless from any and all such claims regardless of any
determination of any pertinent tribunal, agency, board, commission, or coUti. Such
. personnel or other persons shall not require nor be entitled to any compensation, rights or
benefits of any kind whatsoever from the County, including without limitation, tenure
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. 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 normal 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 termination 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 of the covenants, agreements, or stipulations of this
contract, thereupon the County shall have the right to terminate this contract if Contractor
has not cured the default after receiving seven days written notice. This contract may
then by terminated by the County by giving at least three days written notice to contractor
of such termination and specifying the effective date thereof. County shall not be
obligated to pay for services provided in an unsatisfactory malU1er.
. 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 witWlold any payments to the Contractor for the purpose of set-off
until such time as the exact amount of damages due the County is determined.
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 performance 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 writing. Any such written consent shall not constitute a waiver or
relinquishment in the future of such covenant, agreement, stipulation or right.
.
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Attachment A
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14 Hennepin Community Works
Station Area Development Plan Hennepin County