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IV.6. Cooperative Construction Agreement with MNDOT Trunk Highway 7-Hopkins Crossroad Improvements; StanleyMarch 2, 2021 Council Report 2021-016 COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT TRUNK HIGHWAY 7/HOPKINS CROSSROAD IMPROVEMENTS Proposed Action. Staff recommends that the Council approve the following motion: Approve Resolution 2021-008 Authorizing the City to enter into MNDOT Agreement No. 1045385 for Improvements to the intersection of TH 7/Hopkins Crossroad. Overview: This summer MNDOT will be making improvements to the intersection of TH 7 and Hopkins Crossroad; the scope of the project includes addition of a second left turn lane for eastbound TH 7 to northbound Hopkins Crossroad, traffic signal improvements, and improvements for compliance with the Americans with Disabilities Act (ADA). As part of the ADA Improvements the City trail in the northeast quadrant of the intersection is being adjusted, and per State policy Hopkins is responsible for the cost which is estimated at approximately $7,400. This amount was tabulated by the State, however the tabulation is not public data and therefore not included with this item, it can be provided to the City Council upon request. Funding for this work is proposed to be provided through the Pedestrian and Bicycle Access Improvements category in the CIP. This agreement is currently in draft form and has been reviewed by the City Attorney and City Engineer; staff finds the terms and conditions acceptable. This is a multi-agency agreement and MNDOT is still working with Hennepin County and Minnetonka on their respective reviews, however any changes made to the document by others will not affect Hopkins. Staff recommends approval of Resolution 2021-008, authorizing the City to enter the agreement. Staff will review the final agreement when it is provided later this month and bring back for final signatures. Supporting Information: • Draft Cooperative Construction Agreement, MNDOT No. 1045385 • Resolution 2021-008 ________________________________________ Nate Stanley, PE City Engineer MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -1- STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF HOPKINS AND CITY OF MINNETONKA AND HENNEPIN COUNTY COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 2706-232 Trunk Highway Number (T.H.): 7=012 State Aid Project Number (S.A.P.): 027-673-009 Federal Project Number: NHPP 0007(304) Signal System ID: 4029001 Hopkins Estimated Amount Receivable $7,376.89 County Estimated Amount Receivable $3,461.95 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), the City of Hopkins, acting through its City Council ("Hopkins"), the City of Minnetonka, acting through its City Council ("Minnetonka"), and Hennepin County, acting through its Board of Commissioners ("County"). Recitals 1. The State will perform grading, bituminous surfacing, ADA improvements, and signal construction and other associated construction upon, along, and adjacent to Trunk Highway No. 7 from 700 feet west of Hopkins Crossroad (County State Aid Highway (C.S.A.H.) No. 73) to 615 feet east of Hopkins Crossroad (County State Aid Highway No. 73) according to State-prepared plans, specifications, and special provisions designated by the County and the State as State Aid Project No. 027-673-009 and by the State as State Project No. 2706-232 (T.H. 7=012) ("Project"); and 2. Hopkins has expressed its willingness for the State include in its Project sidewalk construction; and 3. Hopkins agrees to participate in the costs of the sidewalk construction and associated construction engineering; and 4. The County has expressed its willingness for the State include in its Project sidewalk construction; and 5. The County agrees to participate in the costs of the sidewalk construction and associated construction engineering; and 6. Minnesota Statutes § 161.45, subdivision 2, allows for City-owned utility relocation to be included in a State construction contract, and payment by the City for such relocation according to applicable statutes and rules for utilities on trunk highways; and 7. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -2- Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by Hopkins; 4. Maintenance by Minnetonka 5. Maintenance by the County; 13. Liability; Worker Compensation Claims; 16. State Audits; 17. Government Data Practices; 19. Governing Law; Jurisdiction; Venue; and 21. Force Majeure. The terms and conditions set forth in Article 6. Signal System and EVP System Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by the County and the State as State Aid Project No. 027-673-009 and by the State as State Project No. 2706-232 (T.H. 7=012) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the Hopkins City Engineer and in the office of the County's Project Manager, and attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision, and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Inspection by Hopkins and the County. Hopkins and County participation construction covered under this Agreement will be open to inspection by Hopkins and the County. If Hopkins or the County believes the Hopkins or County participation construction covered under this Agreement has not been properly performed or that the construction is defective, Hopkins or the County will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by Hopkins or the County are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the Hopkins and County participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction, which may include the Hopkins and County participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate Hopkins and County officials of any MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -3- proposed addenda and change orders to the construction contract that will affect the Hopkins and County participation construction covered under this Agreement. B. Hopkins or the County may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 2.5. Permits. Hopkins will submit to the State's Utility Engineer an original permit application for all utilities owned by Hopkins to be constructed hereunder that are upon and within the Trunk Highway Right-of-Way. Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway Right-of-Way" (Form 2525). 2.6. Replacement of Castings. Adjustments to certain Minnetonka, Hopkins, or County-owned facilities, including but not limited to, valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The owner of the facility will furnish the contractor with new units and/or parts for those in place Minnetonka, Hopkins, or County-owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3. Maintenance by Hopkins Upon completion of the project, Hopkins will provide the following without cost or expense to the State: 3.1. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to the State. 3.2. Sidewalks. Maintenance of any sidewalk construction within Hopkins City Limits, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. 3.3. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 4. Maintenance by Minnetonka Upon completion of the project, Minnetonka will provide the following without cost or expense to the State: 4.1. Sidewalks. Maintenance of any sidewalk construction within Minnetonka City limits, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. 4.2. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -4- which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 5. Maintenance by the County Upon completion of the project, the County will provide the following without cost or expense to the State: 5.1. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 6. Signal System and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System and Emergency Vehicle Preemption (EVP) System on T.H. 7 at Hopkins Crossroad (C.S.A.H. 73), and for the Interconnect on Hopkins Crossroad (C.S.A.H. 73) from T.H. 7 to Minnetonka Mills Rd ("Local Interconnect"). 6.1. Hopkins Responsibilities. A. Power. Hopkins will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad(s) or pole(s) and will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System, and Local Interconnect. B. Minor Signal System Maintenance. Hopkins will provide for the following, without cost to the State. i. Maintain the signal pole mounted Light Emitting Diode (LED) luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended American Association of State Highway and Transportation Officials (AASHTO) levels for the installation. ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal System controller cabinet and service cabinet exteriors. iv. Clean the Signal System and luminaire mast arm extensions. 6.2. State Responsibilities. A. Local Interconnect; Timing; Other Maintenance. The State will maintain the Local Interconnect on a reimbursable basis with the County. The State will maintain signing, and perform all other Signal System, Accessible Pedestrian Signals (APS), and signal pole luminaire circuit maintenance without cost to the Hopkins or the County. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. Hopkins will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -5- iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after Hopkins receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 6.3. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 6.4. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms of Agreement No. 73428, dated June 30, 1995, between the State and Hopkins, for the intersection of T.H. 7 at Hopkins Crossroad (C.S.A.H. 73). 7. Basis of Hopkins Cost 7.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated Hopkins participation construction items and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 7.2. Hopkins Participation Construction. Hopkins will participate in the following at the percentages indicated. A. 100 Percent will be Hopkins' rate of cost participation in all of the sidewalk construction. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 2 of the Preliminary Schedule "I". 7.3. Construction Engineering Costs. Hopkins will pay a construction engineering charge equal to 8 percent of the total Hopkins participation construction covered under this Agreement. 7.4. Plan Changes, Additional Construction, Etc. Hopkins will share in the costs of construction contract addenda and change orders that are necessary to complete Hopkins participation construction covered under this Agreement, including any Hopkins requested additional work and plan changes. The State reserves the right to invoice Hopkins for the cost of any additional Hopkins requested work and plan changes, construction contract addenda, change orders, and associated construction engineering before the completion of the contract construction. 7.5. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 8. Hopkins Cost and Payment by Hopkins 8.1. Hopkins Cost. $7,376.89 is Hopkins' estimated share of the costs of the contract construction and the construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -6- 8.2. Conditions of Payment. Hopkins will pay the State Hopkins' total estimated construction and construction engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to Hopkins, including a copy of the Revised Schedule "I". B. Hopkins' receipt of a written request from the State for the advancement of funds. 8.3. Acceptance of Hopkins' Cost and Completed Construction. The computation by the State of the amount due from Hopkins will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon Hopkins as to the satisfactory completion of the contract construction. 8.4. Final Payment by Hopkins. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to Hopkins. The Final Schedule "I" will be based on final quantities, and include all Hopkins participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of Hopkins participation construction exceeds the amount of funds advanced by Hopkins, Hopkins will pay the difference to the State without interest. If the final cost of Hopkins participation construction is less than the amount of funds advanced by Hopkins, the State will refund the difference to Hopkins without interest. The State and Hopkins waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 9. Basis of County Cost 9.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated County participation construction items and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 9.2. County Participation Construction. The County will participate in the following at the percentages indicated. A. 100 Percent will be the County's rate of cost participation in all of the sidewalk construction. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 2 of the Preliminary Schedule "I". 9.3. Construction Engineering Costs. The County will pay a construction engineering charge equal to 8 percent of the total County participation construction covered under this Agreement. 9.4. Plan Changes, Additional Construction, Etc. The County will share in the costs of construction contract addenda and change orders that are necessary to complete the County participation construction covered under this Agreement, including any County requested additional work and plan changes. The State reserves the right to invoice the County for the cost of any additional County requested work and plan changes, construction contract addenda, change orders, and associated construction engineering before the completion of the contract construction. 9.5. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -7- 10. County Cost and Payment by the County 10.1. County Cost. $3,461.95 is the County's estimated share of the costs of the contract construction and the construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 10.2. Conditions of Payment. The County will pay the State the County's total estimated construction and construction engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the County, including a copy of the Revised Schedule "I". B. The County's receipt of a written request from the State for the advancement of funds. 10.3. Acceptance of the County's Cost and Completed Construction. The computation by the State of the amount due from the County will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the County as to the satisfactory completion of the contract construction. 10.4. Final Payment by the County. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the County. The Final Schedule "I" will be based on final quantities, and include all County participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the County participation construction exceeds the amount of funds advanced by the County, the County will pay the difference to the State without interest. If the final cost of the County participation construction is less than the amount of funds advanced by the County, the State will refund the difference to the County without interest. The State and the County waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 11. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 11.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 11.2. Hopkin's Authorized Representative will be: Name, Title: Nate Stanley, City Engineer (or successor) Address: 1010 First Street South, Hopkins, MN 55433 Telephone: (952) 548-6356 E-Mail: nstanley@hopkinsmn.com MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -8- 11.3. Minnetonka's Authorized Representative will be: Name, Title: Phil Olson, City Engineer (or successor) Address: 14600 Minnetonka Boulevard, Minnetonka, MN 55345 Telephone: (952) 939-8239 E-Mail: polson@minnetonkamn.gov 11.4. The County's Authorized Representative will be: Name, Title: Olagoke Afolabi, Project Manager (or successor) Address: 1600 Prairie Drive, Medina, MN 55340 Telephone: (612) 596-0311 E-Mail: olagoke.afolabi@hennepin.us 12. Assignment; Amendments; Waiver; Contract Complete 12.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 12.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 12.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 12.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, Hopkins, Minnetonka, and the County. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 13. Liability; Worker Compensation Claims 13.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of Hopkins, Minnetonka, and the County. 13.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 14. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 15. Title VI/Non-discrimination Assurances Hopkins, Minnetonka, and the County agree to comply with all applicable US DOT Standard Title VI/Non- Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. Hopkins, Minnetonka, and the County will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. The State may conduct a review of Hopkins', Minnetonka's, and the County’s compliance with this provision. Hopkins, Minnetonka, and the County must cooperate with the State throughout the review process by supplying all requested information and documentation to the State, MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -9- making Hopkins, Minnetonka, and County staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by the State. 16. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, Hopkins', Minnetonka's, and the County's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 17. Government Data Practices Hopkins, Minnetonka, the County, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Hopkins, Minnetonka, and the County under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by Hopkins, Minnetonka, the County, or the State. 18. Telecommunications Certification By signing this agreement, Hopkins, Minnetonka, and the County certify that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), Hopkins, Minnetonka, and the County do not and will not use any equipment, system, or service that uses “covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Hopkins, Minnetonka, and the County will include this certification as a flow down clause in any contract related to this agreement. 19. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 20. Termination; Suspension 20.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 20.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to Hopkins, Minnetonka, and the County. 20.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, and performance of work authorized through this Agreement. 21. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -10- HENNEPIN COUNTY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. ATTEST: By: DRAFT – DO NOT SIGN (Deputy/Clerk of the County Board) Date: REVIEWED BY THE COUNTY ATTORNEY'S OFFICE: By: DRAFT – DO NOT SIGN (Assistant County Attorney) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. By: DRAFT – DO NOT SIGN (Chair of its County Board) Date: And: DRAFT – DO NOT SIGN (County Administrator) Date: And: DRAFT – DO NOT SIGN (Assistant County Administrator, Public Works) Date: RECOMMENDED FOR APPROVAL By: DRAFT – DO NOT SIGN (County Highway Engineer) Date: RECOMMENDED FOR APPROVAL By: DRAFT – DO NOT SIGN (Department Director, Transportation Operations) Date: MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -11- CITY OF HOPKINS The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: DRAFT – DO NOT SIGN Title: Date: By: DRAFT – DO NOT SIGN Title: Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. MnDOT Contract No.: 1045385 Hennepin County Agreement No.: ____________ -12- CITY OF MINNETONKA The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: DRAFT – DO NOT SIGN Title: Date: By: DRAFT – DO NOT SIGN Title: Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: DRAFT – DO NOT SIGN (District Engineer) Date: Approved: By: DRAFT – DO NOT SIGN (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: DRAFT – DO NOT SIGN (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. CITY OF HOPKINS RESOLUTION IT IS RESOLVED that the City of Hopkins enter into MnDOT Agreement No. 1045385 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City of Hopkins to the State of the City of Hopkins' share of the costs of the sidewalk construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 7 from 700 feet west of Hopkins Crossroad (County State Aid Highway (C.S.A.H.) No. 73) to 615 feet east of Hopkins Crossroad (County State Aid Highway No. 73) within the corporate City limits under State Project No. 2706-232 (T.H. 7=012). IT IS FURTHER RESOLVED that the Mayor and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Hopkins at an authorized meeting held on the day of , 2021, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of , 2021 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) CITY OF MINNETONKA RESOLUTION IT IS RESOLVED that the City of Minnetonka enter into MnDOT Agreement No. 1045385 with the State of Minnesota, Department of Transportation for the following purposes: To provide for sidewalk maintenance by the City of Minnetonka upon, along, and adjacent to Trunk Highway No. 7 from 700 feet west of Hopkins Crossroad (County State Aid Highway (C.S.A.H.) No. 73) to 615 feet east of Hopkins Crossroad (County State Aid Highway No. 73) within the corporate City limits under State Project No. 2706-232 (T.H. 7=012). IT IS FURTHER RESOLVED that the Mayor and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Minnetonka at an authorized meeting held on the day of , 2021, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of , 2021 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) HENNEPIN COUNTY RESOLUTION IT IS RESOLVED that Hennepin County enter into MnDOT Agreement No. 1045385 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the County to the State of the County's share of the costs of the sidewalk construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 7 from 700 feet west of Hopkins Crossroad (County State Aid Highway (C.S.A.H.) No. 73) to 615 feet east of Hopkins Crossroad (County State Aid Highway No. 73) under State Project No. 2706-232 (T.H. 7=012). IT IS FURTHER RESOLVED that the (Title) and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of Hennepin County at an authorized meeting held on the day of , 2021, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of , 2021 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) HP145-11-705156.v1 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-008 RESOLUTION APPROVING MNDOT AGREEMENT NO. 1045385 REGARDING TRUNK HIGHWAY 7 PROJECT REIMBURSEMENT BE IT RESOLVED, by the City Council of the City of Hopkins, as follows: 1. That the City of Hopkins enter into MnDOT Agreement No. 1045385 with the State of Minnesota, Department of Transportation (the “Agreement”) for the following purposes: To provide for payment by the City of Hopkins to the State of the City of Hopkins' share of the costs of the sidewalk construction and other associated construction, and to provide for maintenance by the City of Hopkins of the sidewalk, traffic control signal system construction, and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 7 from 700 feet west of Hopkins Crossroad (County State Aid Highway (C.S.A.H.) No. 73) to 615 feet east of Hopkins Crossroad (County State Aid Highway No. 73) within the corporate City limits of the City of Hopkins under State Project No. 2706-232 (T.H. 7=012). 2. That the Mayor and City Manager are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Hopkins this 2nd day of March, 2021. ___________________________________ Jason Gadd, Mayor ATTEST: ____________________________________ Amy Domeier, City Clerk HP145-11-705156.v1 CERTIFICATION I, Amy Domeier, certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Hopkins at an authorized meeting held on the 2nd day of March, 2021, as shown by the minutes of the meeting in my possession. ___________________________________ Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this ___ day of ________________, 2021, by Amy Domeier, the city clerk of the City of Hopkins, a Minnesota municipal corporation. __________________________________ Notary Public