CR 2004-134 Construction Agreement with Hennepin County
CITY OF
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. August 13,2004 HOPKINS Council Report 2004-134
Approve Construction Cooperative Agreement with Helmepin County and the City of
Minnetonka for CSAH 73/5 Intersection Improvements
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize the
Mayor and City Manager to sign Hennepin County Agreement # PW 19-01-04 an
agreement setting conditions of city cost participation and maintenance regarding the
Hopkins Crossroads/Milmetonka Boulevard intersection improvement proiect.
Overview,
On July 20, 2004 City Council approved final construction plans for the Hopkins
Crossroads/Minnetonka Boulevard intersection improvement project. The proposed
construction cooperative agreement sets the cost participation and maintenance
responsibilities between the three parties, Hennepin County and Cities of Hopkins and
Minnetonka, Staffhas reviewed the agreement and recommends City Council
approval.
Primary Issues to Consider.
. . What are the details of the agreement regarding city costs and maintenance
responsibilities?
Supportinq Information
. County Agreement PW ] 9-01-04
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Steven J. Stadler
Public Works Director
Financial Impact: $ 558.184.40 Budgeted: _ yes Source: Municipal State Aid. Sanitary
Sewer, Water and Storm Sewer utility funds
Related Documents (CIP, ERP, etc.): 2005 CIP proiect
Notes:
.
. Council Report 2004-134
Page 2
Analysis of Issues
. What are the details of the agreement regarding city costs and maintenance
responsibilities?
COSTS:
City of Hopkins: $558,184.40 (includes est $16,000 for spare signal poles/mast arms)
HelUlepin County: $2,286,233
City of MilUletonka: $842,224.19
Hennepin County REPP reimbursement (landscape/streetscape work): $28,377 +
Helmepin County pays for all the 56 new trees and the relocation of the planting bed area
at SE comer of intersection.
Hopkins cost breakdown:
. MSA funds: $372,913
Water/San Sewer/Storm Sewer Utility Funds: $185,271
2005 CIP budget amounts: MSA - $450,000; Storm Sewer - $50,000; Water - $100,000
MAINTENANCE:
City of Hopkins is responsible for maintenance of intersection streetscape/landscape
elements.
City of Hopkins is responsible to store two each spare signal components for Hennepin
County use in case of signal pole knockdown.
ADDITIONAL:
The agreement (paragraph XXV) includes a statement that the city agrees that in the
event the overall intersection level of service falls below level "D", before 20 years after
completion of the project, that HelUlepin County will construct a westbound to
northbound right turn lane.
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. Agreement No. P\V 19-01-04
County Project No. 8111
County State Aid Highway Nos. 5 & 73
City of Hopkins
City of Minnetonka
County of Hennepin
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, Made and entered into this day of
, 2004 by and between the County of Hennepin, a body politic and
corporate under the laws of the State ofMirmesota, hereinafter referred to as the "County", and
the City of Hopkins, a body politic and corporate under the laws of the State of Mirmesota, and
the City of Minnetonka, a body politic and corporate under the laws of the State of Minnesota,
collectively hereinafter referred to as the "Cities".
WITNESSETH:
. WHEREAS, the County and the Cities have been negotiating to bring about the
improvement of that portion of County State Aid Highway No. (CSAR) 5 (a.k.a. Minnetonka
Boulevard) from Robinwood Lane to West S1. Albans Road and that portion ofCSAH 73 (a.k.a.
Hopkins Cross Road) from approximately 300 feet south of Loring Road to approximately 600
feet north of Manitoba Road as shown on the County Engineer's plans for County Project No.
(C.P.) 8111 which improvements contemplate and includes excavation, grading, aggregate base,
drainage, concrete paving, bituminous surfacing, concrete curb and gutter, concrete walk, water
main, sanitary sewer, landscaping, traffic signal system, signing, striping and other related
improvements, and which shall hereinafter be referred to as the "Project"; and
WHEREAS, the above described Project lies within the corporate limits of the Cities; and
WHEREAS, the County Engineer has heretofore prepared an Engineer's Estimate of
quantities and unit prices for the above described Project in the sum of Three Million Two
Hundred Thirty Three Thousand Seven Hundred Forty Dollars and Twenty Two Cents
($3,233,740.22). A copy of said estimate, marked Exhibit "A", is attached hereto and by this
reference made a part hereof; and
WHEREAS, the Cities have requested that the County include in the Proj ect the
replacement of existing water main and sanitary sewer on CSAH 5 and CSAH 73, as it is
desirable and advantageous to complete this work at the same time the roadway is reconstructed;
. and
WHEREAS, the cities have hired consultants to design the above mentioned water main
and sanitary sewer replacement; and
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C.P. 8111
\VHEREAS, the City of Minnetonka has requested that the County include in the Project
the construction of a city designed trail extension along CSAH 5 and bituminous overlay on
CSAH 5 from West S1. Albans Road to Oak Ridge Road, hereinafter referred to as the
Mimletonka Trail Extension Project, and;
\VHEREAS, the Cities have indicated its willingness to participate in the construction,
engineering and maintenance costs of the Project as detailed herein; and
WHEREAS, the construction costs for the Project shall be comprised of municipal and
county state aid funds, and local funds; and
WHEREAS, the Cities have requested that the County include city designed landscaping
and streets cape in the Proj ect and;
WHEREAS, the Cities have requested that the County participate in the costs of the
aforesaid streetscape and landscaping costs in accordance with the County's Roadside
. Enhancement Partnership Program (REPP); and
WHEREAS, the County has REPP funds available and has expressed willingness to
participate in the construction costs of the aforesaid streetscape and landscaping; and
WHEREAS, the City of Mirmetonka has requested that lines and facilities for distribution
of electrical energy be relocated underground by Xcel Energy within the limits of the Project; and
WHEREAS, the City of Mirmetonka has requested that the County participate in the costs
of the aforesaid utility line burial costs in accordance with the County's Roadside Enhancement
Partnership Program; and
WHEREAS, the County has REPP funds available and has expressed willingness to
participate in the construction costs of the aforesaid utility line burials; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under
the provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
I
. The County will advertise for bids for the work and construction of the Project, receive and
open bids pursuant to said advertisement and will enter into a contract with the successful bidder
at the unit prices specified in the bid of such bidder, according to law. The contract will include
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C,P. 8111
the plans and specifications prepared by the County, along with the water main and sanitary
replacement, and landscaping plans and specifications prepared by the Cities or its agents, which
said plans and specifications are referenced and identified as S.A.P. 27-605-21; and the
Minnetonka Trail Extension plans and specifications prepared by the Cities or its agents which
are included in C.P. 8111.
II
All roadway design work performed by the Cities and its agents that is to be incorporated
into the bidding documents for the Proj ect shall be prepared and certified by a Registered
Professional Engineer licensed in the State of Minnesota. In addition, all landscaping design
work performed by the Cities and its agents that is to be incorporated into the bidding documents
for the Project shall be prepared and certified by a Registered Landscape Architect licensed in the
State of Minnesota, All designs, which affect County facilities, shall conform to Mn/DOT
Design Standards applicable to County State Aid Highways.
All plans and specifications shall be made available to the County in a timely manner for
. periodic review as requested by the County. All plans and specifications must meet the approval
of the County Engineer or designated representative prior to being incorporated into the County's
plans for the Project.
The Cities shall deliver to the County all original, reproducible, certified final plan sheets
and specifications to be incorporated into the County's bidding documents within 30 day of
execution of this Agreement. Reproducible final plan sheets shall be direct reading, positive
permanent drawings on reproducible II inch by 17 inch sheets, The drafting on the plan sheets
shall be of such size and quality as will permit the making of readable, first class prints including
clear reproduction of grid lines, symbols and legends. No adhesive backed material shall remain
on any final plan sheet. Bar scales shall be used throughout the plan as necessary.
The County shall retain ownership of all original plans and specifications prepared by the
Cities or its agents.
III
The County will administer the contract and inspect the construction of all the contract
work contemplated herewith. However, the Cities' Engineers shall have the right, as the work
progresses, to enter upon the job site to make any inspections deemed necessary and shall
cooperate with the County Engineer and staff at their request to the extent necessary, but will
have no responsibility for the supervision of the work.
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C.P. 8111
IV
The Cities agree that the County may make changes in the plans or in the character of said
contract construction which is reasonably necessary to cause said construction to be in all things
performed and completed in a satisfactory manner. It is further agreed by the Cities that the
County may enter into any change orders or supplemental agreements with the County's
contractor for the performance of any additional construction or construction occasioned by any
necessary, advantageous or desirable changes in plans, within the original scope of the Proj ect.
Said changes may result in an increase or decrease to the Cities' cost participation estimated
herein.
The Cities shall have the right to review any proposed changes to the plans and
specifications as they relate to the Cities cost participation prior to the work being performed.
The Cities' Engineer or designated representatives shall have the right to approve any change
orders or supplemental agreements prepared by the County that affect the Cities' share of the
construction cost.
. The Cities further agree that it will participate in the settlement of any claims from the
County's contractor that involve delays attributable to unreasonable delays in approval by the
Cities for plan or specification changes deemed necessary by the County Engineer or staff. The
amount of Cities participation in any such claims shall be commensurate with the percentage of
delay directly attributable to the Cities' actions.
V
The Cities agree to grant right of way to the County over those lands owned by the Cities
that are a part of the required right of way for said Project. Said right of way shall be granted at
no cost to the County.
The County or its agents will acquire all additional right of way, permits and/or easements
required for the construction of said Project. All costs for all additional right of way, permits
and/or easements within the City of Minnetonka required for the construction of the Project shall
be shared equally between City of Milll1etonka and County, as set forth in the Division of Cost
Summary on sheet 1 of Exhibit "A". Similarly, all costs for all additional right of way, permits
and/or easements within the City of Hopkins required for the construction of the Project shall be
shared equally between City of Hopkins and County, as set forth in the Division of Cost
Summary on sheet 1 of Exhibit "A".
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C.P. 8111
VI
The County, at its sole cost and expense, has conducted a Phase I Environmental
Assessment (ESA) on the Project. In the event a Phase II ESA is required on any parcel, it is
hereby understood and agreed that the Cities shall reimburse the County for fifty (50) percent of
all costs incurred by the County for the completion of said future Phase II ESA. If any such
Phase II ESA identifies contamination within the new right of way for the Project that must be
abated, the County will hire consultants and contractors as necessary to perform the necessary
abatement of the roadway right of way and obtain approval of the Minnesota Pollution Control
Agency. Any such abatement required may be accomplished under a separate project or may be
included in the Project.
The County will investigate and exhaust all available options for payment of costs incurred
related to the aforereferenced Phase II ESA. This includes, but is not limited to, responsible
parties and governmental agencies. The Cities hereby agree to reimburse the County fifty (50)
percent of all costs incurred by the County for the completion of the aforereferenced
. envirornnental work performed on parcels associated with this Project for which the County does
not receive reimbursement from other sources.
VII
The Cities shall reimburse the County for its share in the construction costs of the Project
as set forth in said Division of Cost Summary in Exhibit "A". It is further agreed that the
Engineer's Estimate referred to on page 1 of this Agreement are estimates of the construction
costs for the contract work on said Project and that the unit prices set forth in the contract with
the successful bidder and the final quantities as measured by the County Engineer shall govern in
computing the total final contract construction costs for apportioning the costs of said Project
according to the provisions herein.
VIII
In addition to the aforesaid Cities' proportionate share of the contracted construction costs
for the Project, the Cities agree to pay to the County ten (10) percent of the Cities' share of the
contracted construction costs as their share of the engineering design costs for the Project, as set
forth in Exhibit "A".
Similarly, the Cities also agree to reimburse the County for the Cities' proportionate share
of the construction engineering costs for the Project. Said Cities' share of construction
. engineering costs shall be equal to eight (8) percent of the total final amount of the Cities' share
of contract construction costs for the Project. The amount of said Cities' share in the contract
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. Agreement No, PW 19-01-04
CSAH 5 & CSAH 73; C.P. 8111
administration costs is estimated in Exhibit "A". It is understood that said Cities' proportionate
share shown in Exhibit "A" is an estimate and that the actual Cities' proportionate share of the
contract administration costs will be computed using the total final amount of the Cities share of
the contract construction costs for the Project.
It is further understood and agreed that all engineering design costs incurred by the Cities
for the afore referenced city designed plans included in the Project shall be the responsibility of
the Cities.
IX
After an award by the County to the successful bidder on the Project, the County shall
invoice the Cities for ninety five (95) percent of the estimated Cities share in the contract
construction and engineering costs for the Project. Payments shall be made to the County, in the
name of the Hennepin County Treasurer, by the Cities for the full amount due stated on the
invoices within forty five (45) days of the invoice date, Said estimated Cities share shall be
based on actual contract unit prices applied to the estimated quantities shown in the plans.
. In the event the County Engineer or the County's staff determines the need to amend the
construction contract with a supplemental agreement or change order which results in an increase
in the contract amount for the Project, the Cities hereby agree to remit within forty five (45) days
of notification by the County of said change an amount equal to ninety five (95) percent of the
estimated Cities share as documented in the supplemental agreement or change order.
The remainder of the Cities' respective share in the engineering and contract construction
costs of the Project, including additional costs resulting from supplemental agreements and
change orders, will be due the County upon the completion of the Project and submittal of the
County Engineer's final estimate for the Project to the Cities,
Upon final payment to the Project contractor by the County, any amount remaining as a
balance in the deposit account will be returned to the Cities, within 45 days, on a proportionate
basis based on the Cities' initial deposit amount and the Cities' final proportionate share of the
Project costs. Likewise, any amount due the County from the Cities upon final payment by the
County shall be paid by the Cities as its final payment for the construction and engineering costs
of the Project within forty five (45) days of receipt of an invoice from the County.
X
The County will supply the traffic signal cabinet, controller and control equipment,
. including the emergency vehicle preemption (EVP) cards, (County Supplied Equipment) for the
traffic control signal system installed as a part of said Project. The Cities agree to reimburse the
County for its respective proportionate share of the costs ofthe County Supplied Equipment.
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C.P. 8111
Said proportionate share of the County Supplied Equipment shall be equal to each city's
proportionate share of the contract signal work. An estimate of each city's share of County
Supplied Equipment is incorporated into Exhibit "A", It is further agreed that said estimate of
the costs of County Supplied Equipment is an estimate and that the actual costs of equipment as
determined by the County Engineer shall govern in computing the total final apportiorunent of
cost participation by the Cities in the County Supplied Equipment.
The County will invoice each separately for said County Supplied Equipment. Payment
shall be made to the County by the Cities for the full amount due on said invoice within forty five
(45) days of the invoice date,
XI
Included in the Project is the construction of colored concrete walk (contract construct pay
item "Special Walk 2") in the medians as requested by the City of Hopkins. The City of Hopkins
hereby understands and agrees that the County will not participate in the costs for coloring the
concrete. The County's cost participation shall be limited to the Contract unit price of standard
4-inch concrete walk. The City of Hopkins shall be responsible for the additional costs to
. construct said Special Walk 2.
Included in the Project is construction of concrete pavement at the intersection of CSAH 5
and CSAH 73 as requested by the City of Hopkins. The City of Hopkins understands that the
County normally constructs roadways with asphalt pavement at 100 percent County cost. In so
far as the aforesaid intersection will be constructed with concrete pavement as requested by the
City of Hopkins and in so far as the cost of asphalt pavement is significantly less than concrete
pavement, the City of Hopkins hereby agrees to participate in fifty (50) percent of the costs for
concrete pavement at said intersection as set forth in Exhibit "A".
XII
At the request of the City of Minnetonka the County has agreed to include in the Project
the construction of the afore referenced Minnetonka Trail Extension Project. Included in said
Minnetonka Trail Extension Project is the construction of a bituminous trail along CSAH 5 from
Robinwood Lane to West St. Albans Road and a resultant bituminous overlay ofCSAH 5
necessitated by the construction of said bituminous trail along CSAH 5, The City ofMinnetonka
hereby understands and agrees that the costs for the aforesaid Minnetonka Trail Extension
Project shall be the responsibility of the City of Minnetonka, however the County recognizes the
value of a bituminous overlay of CSAH 5 and hereby agrees to contribute the lump sum amount
of $79,000.00 towards the costs of said Minnetonka Trail Extension Project.
.
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; c.P. 8111
XIII
The County, through its Roadside Enhancement Partnership Program (REPP), will
participate in a proportionate share of the construction costs for the burial of utilities within the
limits of the Project by Xcel Energy and for the construction of streets cape and landscaping.
It is understood that lines and facilities for local distribution of electrical energy will be
relocated underground within the limits of the Project by Xcel Energy under a separate contract
with the City of Minnetonka. The County, through REPP, will participate in a proportionate
share of the costs to underground said lines and facilities for local distribution of electrical
energy. As set forth in the County's Cost Participation Policy the County's proportionate share
of the construction costs eligible for this funding source shall be fifty (50) percent, and shall not
exceed the amount of $217,500.00 (based on a maximum County contribution of $300,000.00
per centerline mile). Included in Exhibit "A" is the estimated amount of$35,604.73, which
represents the County's proportionate share of the costs to underground Xcel Energy's facilities.
. It is further understood that the County, through REPP, will participate in a proportionate
share of the costs for landscaping and streets cape within the limits of the Project. As set forth in
the County's Cost Participation Policy the County's proportionate share of the Project's
construction costs eligible for this funding source shall be thirty three (33) percent and shall not
exceed the amount of$145,000.00 (based on a maximum County contribution of$200,000.00
per centerline mile). It is understood that the actual amount of the County's participation for
streets cape and landscaping shall be determined using the actual contract unit prices for the
eligible pay items and the actual quantities of work completed on the Project. Included in
Exhibit "A" is the estimated amount of $28,377 ,38, which represents the County's proportionate
share of the costs for landscaping and streetscape.
XIV
The County will participate in the replacement of trees removed necessary for the
construction of the Project to the extent of State Aid participation. As set forth in the County's
Cost Participation Policy, the County's participation shall be a two to one replacement on trees
and shall be limited to one (1) percent of the total construction costs for the Project. It is further
understood that the actual amount of the County's participation shall be determined using the
actual contract unit prices for the eligible pay items and the actual quantities of work completed
on the Project, subject to the aforesaid stated limits.
XV
. The proportionate shares of the various costs associated with said Project have been
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C.P. 8111
identified and set forth in Articles V through XIV oftms Agreement. All the aforereferenced
costs are included in tabular format in Exhibit "A", As summarized in Exhibit "A", the
estimated amount that the County is to pay to the City of Minnetonka as a result of this
Agreement is $114,604.73, the estimated amount that the City of Minnetonka is to pay the
County as a result oftms Agreement is $806,982.46 and the estimated amount that the City of
Hopkins is to pay the County as a result oftms Agreement is $521,901.41. It is understood and
agreed that said payment amounts are estimates and that the actual payment amounts shall be
based on actual costs and contract unit prices, as specified elsewhere throughout this Agreement.
XVI
All payments to the City of Minnetonka must be postmarked by the date due or a late
penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to
the County, The County shall pay the amount due as stated on the statement, notwithstanding
any dispute of such amount. Should a disputed amount be resolved in favor of the County, the
City of Minrietonka shall reimburse the disputed amount plus daily interest thereon calculated
from the date such disputed amount was received by the City of Minnetonka. Daily interest shall
. be at the rate of one (l %) percent per month on the disputed amount.
All payments to the County must be postmarked by the date due or a late penalty of one (1)
percent per month, or fraction thereof, on the unpaid balance will be charged to the Cities. The
Cities shall pay the amount due as stated on the statement, notwithstanding any dispute of such
amount. Should a disputed amount be resolved in favor of the Cities, the County shall reimburse
the disputed amount plus daily interest thereon calculated from the date such disputed amount
was received by the County. Daily interest shall be at the rate of one (l %) percent per month on
the disputed amount.
XVII
All records kept by the Cities and the County with respect to the Project shall be subject
to examination by the representatives of each party hereto.
XVIII
The County reserves the right not to issue any permits for a period of five (5) years after
completion of the Project for any service cuts in the roadway surfacing of the County Highways
included in said Project for any installation of underground utilities which would be considered
as new work; service cuts shall be allowed for the maintenance and repair of any existing
underground utilities.
.
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73~ C.P. 8111
XIX
As part of the Project, "No-Parking" signs shall be installed as represented in the plans and
the Cities, at their expense, shall provide the enforcement for the prohibition of on-street parking
on those portions of CSAH 5 and CSAH 73 constructed under this Project recognizing the
concurrent jurisdiction of the Sheriff of Hennepin County.
Any modification of the above parking restrictions shall not be made without first
obtaining a resolution from the Hennepin County Board of Commissioners permitting said
modification,
It is further agreed that the Cities shall, at their own expense, remove and replace Cities'
owned signs that are within the construction limits of said Project if requested by the County's
Proj ect Engineer.
XX
. The Cities agree that any municipal license required to perform electrical work within the
Cities shall be issued to the Contractor or the County at no cost to the Contractor or the County.
Electrical inspection fees shall not be more than those established by the State Board of
Electricity in the most recently recorded Electrical Inspection Fee Schedule.
XXI
The City of Minnetonka shall install, cause the installation of, or perpetuate the existence of
an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection
to the traffic control signal, flasher and integral street lights included in the Project at the sole cost
and expense of the City of Minnetonka. Further, the City of Minnetonka shall provide the
electrical energy for the operation of the said traffic control signal, flasher and integral streetlights
at its sole cost and expense,
XXII
The Cities shall not revise by addition or deletion, nor alter or adjust any component, part,
sequence, or timing of the aforesaid traffic control signal, however, nothing herein shall prohibit
prompt, prudent action by properly constituted authorities in situations where a part of such
traffic control signals may be directly involved in an emergency,
.
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C.P. 8111
XXIII
Upon completion of this Project, the County shall thereafter maintain and repair the traffic
control signal system installed as a part of said Project, all at the sole cost and expense of the
County. Said maintenance shall include all EVP components. Further, the County, at its
expense, shall maintain 110-volt power to the line side of the fuse in the base of the signal poles
for the integral streetlights. The Cities, at its expense, shall maintain the fuse, the luminary and
the wire to the load side of the fuse in the base of the signal poles located within the respective
city.
The EVP Systems provided for herein shall be installed, operated, maintained or removed
in accordance with the following conditions and requirements:
l. Emitter units may be installed and used only on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03. The Cities will
provide the County Engineer or his designated representative a list of all such vehicles
. with emitter units,
2, Malfunctions of EVP Systems shall be reported to the County immediately.
3. In the event said EVP Systems or components are, in the opinion of the County, being
misused or the conditions set forth herein are violated, and such misuse or violation
continues after receipt by the Cities of written notice thereof from the County, the County
shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this
paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads,
indicator lamps and all other components shall become the property of the County.
4, All timing of said EVP Systems shall be determined by the County.
XXIV
The City of Hopkins has requested that the signal poles, mast arms and luminaries of the
traffic control signal proposed herein be painted using custom colors, Therefore, notwithstanding
the maintenance responsibilities of the County as specified in Article XXIII of this Agreement, it is
understood and agreed that upon completion of the improvements contemplated herein, the City of
Hopkins shall be responsible for painting maintenance of the custom colored items (signal poles,
mast arms and luminaries) and will be required to repaint those custom colored items to standard
colors, should the City of Hopkins decide to discontinue this maintenance and custom color
. application. It is further understood that in the event of a knockdown or damage to the traffic
control signal proposed herein, the County will repair with standard colored materials and the City
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C,P. 8111
of Hopkins will then be responsible to paint the repaired custom colored components of said traffic
control signal.
In addition, the City of Hopkins has requested that the signal poles, mast arms and pedestals
of the traffic control signal proposed herein be a non-standard design. Therefore, notwithstanding
the maintenance responsibilities of the County as specified in Article XXIII of this Agreement, it is
understood and agreed that upon completion of the improvements contemplated herein, the City of
Hopkins shall be responsible for supplying replacement signal poles, mast arms and pedestals to the
County, at no cost to the County, in the event of a knockdown or damage to the traffic control signal
proposed herein. It is further understood that the City of Hopkins shall keep in stock at all times
two each of said non-standard signal poles, mast arms, pedestals and associated hardware, and that
said signal poles, mast arms, pedestals and associated hardware shall be available to County
personnel twenty four hours a day in the event of a knockdown or damage. In addition, the City of
Hopkins will provide the County with the name and phone number of the appropriate City of
Hopkins employee that should be contacted if replacement materials are needed.
XXV
. The parties acknowledge that the traffic forecasts indicate a westbound to northbound right
turn lane will be required for the intersection of CSAH 5 and CSAH 73 to operate at an overall
Level of Service of"D" as defined in the 1994 edition of the Transportation Research Board's
"Highway Capacity Manual" Special Report 209 within 20 years of completion of the Project.
The City of Hopkins, acknowledging the Project would normally include said westbound to
northbound right turn lane, hereby requests the right turn lane not be constructed as a part of the
Project. Further, the City of Hopkins understands and agrees that in the event traffic volumes for
the westbound to northbonnd right turn movement cause the afore referenced overall level of
service for the CSAH 5/CSAH 73 intersection to fall below an overall Level of Service of "D"
before 20 years of completion of the Project as defined above the County will construct the
westbound to northbound right turn lane.
XXVI
It is understood and agreed that upon completion of any and all improvements proposed
herein, all fencing, railings, concrete walls, water distribution system components, sanitary sewer
systems, concrete sidewalk, concrete driveway, bituminous trails, landscaping and all municipal
street construction included in said improvement shall be the property of the city within which
said improvement is located and all maintenance, restoration, repair, replacement or other work
or services required thereafter shall be performed by the respective city at no expense to the
County.
. Notwithstanding the maintenance responsibilities of the Cities as specified in the previous
paragraph, it is further understood and agreed that upon completion of any and all improvements
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. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C.P. 8111
proposed herein, all streetscape, landscaping and associated landscaping structures shown in the
landscaping plans for the Project at the intersection ofCSAH 5 and CSAH 73, irregardless of
their location within either city, shall become the responsibility of the City of Hopkins and all
maintenance, restoration, repair, replacement or other work or services required thereafter shall
be performed by the City of Hopkins at no expense to the County or the City of Minnetonka.
Upon completion of the Project the County shall, at its own cost and expense, retain
ownership and maintenance responsibilities for those portions of the roadway storm sewer
drainage system functioning as catch basins and associated lead pipes that are within or between
the outermost curb lines of the County roadways as well as those within the radius return limits of
intersecting municipal streets. All other components of the roadway storm sewer drainage system,
constructed as a part of this Project including but not limited to all trunk lines, drainage structures,
storm interceptors and cross road culverts, shall become the property of the city within which said
improvement is located and shall be maintained by the respective city.
All questions of maintenance responsibilities that may arise shall be jointly resolved by the
Cities' respective City Engineers and the County's Operations Division Engineer.
. It is hereby understood that the County requires an operational clear zone behind the face
of curb for storage of snow removed from County roadways. The Cities hereby agree that the
Cities shall be responsible for the removal of any snow that may be placed on the sidewalks
and/or pedestrianfbicycle paths within the operational clear zone, as a result of the County's
snow removal operations on CSAH 5 and CSAH 73 within the limits of said Project. This
paragraph is not intended to confer a benefit upon any third party and the Cities' decision to
remove snow from the sidewalk and/or paths shall be made by the Cities in their sole discretion
pursuant to its policy on removal of snow and ice from its sidewalks and/or pedestrianJbicycle
paths and trails.
XXVII
The City of Minnetonka agrees to defend, indemnify and hold harmless the County and the
City of Hopkins, its officials, officers, agents, volunteers and employees, from any liabilities,
claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable
attorneys' fees, resulting directly or indirectly from any act or omission of the City of
Minnetonka, its contractors, anyone directly or indirectly employed by them, and/or anyone for
whose acts and/or omissions they may be liable for related to the ownership, maintenance,
existence, restoration, repair or replacement of the afore defined City of Minnetonka owned
improvements constructed as part of said Project. The City of Minnetonka' s liability shall be
governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
. The City of Hopkins agrees to defend, indemnify and hold harmless the County and the
City ofMinnetonk:a, its officials, officers, agents, volunteers and employees, from any liabilities,
- 13- ~
. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C.P. 8111
claims, causes of action, judgments, damages, losses, costs or expenses, including, reasonable
attorneys' fees, resulting directly or indirectly from any act or omission of the City of Hopkins,
its contractors, anyone directly or indirectly employed by them, and/or anyone for whose acts
and/or omissions they may be liable for related to the ownership, maintenance, existence,
restoration, repair or replacement of the afore defined City of Hopkins owned improvements
constructed as part of said Project. The City of Hopkins' liability shall be governed by the
provisions of Minnesota Statutes, Chapter 466 or other applicable law,
The County agrees to defend, indemnify, and hold harmless the Cities, its officials,
officers, agents, volunteers, and employees from any liability, claims, causes of action,
judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting
directly or indirectly from any act or omission of the County, its contractors, anyone directly or
indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable
related to the ownership, maintenance, existence, restoration, repair or replacement of the afore
defined County owned improvements constructed as part of said Project. The County's liability
shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law.
. XXVIII
Each party agrees that it will be responsible for its own acts and the results thereof, to the
extent authorized by the law, and shall not be responsible for the acts of the other party and the
results thereof. The County's and the Cities' liability is governed by the provisions of Minnesota
Statutes, Chapter 466.
The County and the Cities each warrant that they are able to comply with the
aforementioned indemnity requirements through an insurance or self-insurance program.
XXIX
It is further agreed that any and all employees of the City of Minnetonka and all other
persons engaged by the City of Minnetonka in the performance of any work or services required
or provided for herein to be performed by the City ofMinnetonka shall not be considered
employees of the County, and that any and all claims that mayor might arise under the
Milmesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota
on behalf of said employees while so engaged and any and all claims made by any third parties as
a consequence of any act or omission on the part of said employees while so engaged on any of
the work or services provided to be rendered herein shall in no way be the obligation or
responsibility of the County.
. It is further agreed that any and all employees of the City of Hopkins and all other persons
engaged by the City of Hopkins in the performance of any work or services required or provided
. 14 - ~
. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; C.P. 8111
for herein to be performed by the City of Hopkins shall not be considered employees of the
County, and that any and all claims that mayor might arise under the Minnesota Economic
Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said
employees while so engaged and any and all claims made by any third parties as a consequence
of any act or omission on the part of said employees while so engaged on any of the work or
services provided to be rendered herein shall in no way be the obligation or responsibility of the
County.
Also, any and all employees of the County and all other persons engaged by the County in
the performance of any work or services required or provided for herein to be performed by the
County shall not be considered employees of the Cities, and that any and all claims that mayor
might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of
the State of Minnesota on behalf of said employees while so engaged and any and all claims
made by any third parties as a consequence of any act or omission on the part of said employees
while so engaged on any of the work or services provided to be rendered herein shall in no way
be the obligation or responsibility of the Cities,
XXX
. In order to coordinate the services of the County with the activities of the Cities so as to
accomplish the purposes of this Agreement, the Hennepin County Engineer or designated
representative shall manage this Agreement on behalf of the County and serve as liaison between
the County and the Cities.
In order to coordinate the services of the City of Minnetonka with the activities of the
County and the City of Hopkins so as to accomplish the purposes of this Agreement, the City
Engineer or designated representative shall manage this Agreement on behalf of the City of
Minnetonka and serve as liaison between the City, the City of Hopkins and the County,
In order to coordinate the services of the City of Hopkins with the activities of the County
and the City ofMinnetonka so as to accomplish the purposes of this Agreement, the Director of
Public Works or designated representative shall manage this Agreement on behalf of the City of
Hopkins and serve as liaison between the City, the City of Minnetonka and the County.
XXXI
The County Engineer or designated representative will prepare weekly progress reports for
the Project as provided in the specifications. Copies of these reports will be furnished to the
Cities upon request.
.
- 15 - \\JL
. Agreement No, PW 19-01-04
CSAH 5 & CSAH 73; c.P. 8111
XXXII
It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof. All items referred to in this Agreement are
incorporated or attached and are deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing as an amendment to this Agreement signed
by the parties hereto.
XXXIII
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating
to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin
County shall be considered a part of this Agreement as though fully set forth herein.
.
(tltis space left intentionally blank)
.
- 16- \iVL
. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; c.P. 81] 1
IN TESTIMONY \VHEREOF, The parties hereto have caused this Agreement to be
executed by their respective duly authorized officers as of the day and year first above written.
CITY OF HOPKINS
(Seal) By:
Mayor
Date:
And:
Manager
Date:
. CITY OF MINNETONKA
(Seal) By:
Mayor
Date:
And:
Manager
Date:
.
- 17 - Wl-
--,_. .
. Agreement No. PW 19-01-04
CSAH 5 & CSAH 73; c.P. 8111
COUNTY OF HENNEPIN
ATTEST:
By: By:
Deputy/Clerk of the County Board Chair of its County Board
Date: Date:
APPROVED AS TO FORM: And:
B~.I:m~~ Assistant/Deputy/County Administrator
Date:
slstant County Attorney
Date: 17/ d./ I 04 And:
Assistant County Administrator, Public
Works
. Date:
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By: By: I
Assistant County Attorney Director, Transportation Department and
County Engineer
Date: Date:
.
- 18 - \NL
DIVISION OF COST SUMMARY
. Hennellin County Project No. 8111 - State Aid Proiect No, 27-605-21
C S AIL NO 5 from west of Robinwood Lo, to west of 51 Albrm's Road W & Minnetonka B,tuminous Walk rmd Overlay ProjOC1 (from ellst leoninous SAP 27,605 12 to Oal< Ridge Rd)
TOTAL HENNEPIN CO. MINNETONKA HOPKINS
CONTRACTCONSTRUCnON
ROADWAY ITEMS (1) $2,430,691.82 $2,000,262,60 $205,709.94 $224,719,29
WATERMAIN & SANITARY SEWER (2) 323,664.00 (7) 231,772.00 [7) $91,892.00 (7)
LANDSCAPING (3) 177,186.64 62,365.64 (8) 680.00 [8) $114,141.00 [8)
MTKA TRAil EXTENSION PROJECT (4) 318.197.76 79,000.00 (9) 239,197.76 [9}
CONSTRUCTION CONTRACT SUBTOTAL $3,249,740.22 $2,141,628.24 $677,359,69 $430,752.29
ENGINEERING
DESIGN - ROADWAY ITEMS (10%) 43,M2.92 20,570.99 (5) 22,471.93 (5)
CONSTRUCTION (8%) 8B,648.96 54,1 BB.78 (6) 34,460.18 (6)
SIGNAL EQUIPMENT 1 B,ODO.OO 9,000.00 4,500.00 4,500.00
RIGHT OF WAY
MINNETONKA PORTION 100,000.00 50,000.00 50,000,00
HOPKINS PORTION 100,000,00 50,000,00 50,000,00
POWER (XCEl ENERGY) RELOCATION
PERMANENT UNDERGROUND POWER RELOCATION
EQUAL PARTS HENN CO REPP FUNDS & MTKA NON PARTIC FUNDS 71 ,209,46 35,604.73 35,604.73
PROJECT COST SUBTOTALS $3,670,641,56 $2,286,232,97 $B42,224.19 $542,184.40
.(1) Roadway items, drainage Items, signal system. does not Include special walk or str..etscape items (landscaping) or items/quantities from Mtka Trail
Extension Project (CSAH 5 work east of l 5 sta 217+68,86). Stonn sewer items are 100% State Aid eligible (50% County, 29% Mtka, 21% Hopkins).
Signal system is 50% county (partic), 25% Mtka (partic), and 25% Hopkins (partic). Spar.. signal pole items (Dec. Ped. Pole & Base, Dec. 3D' MA Pole
Assem, Dec. 3D' MA Pole Assem) are 100% Hopkins (partic.) eost. Conc, pavement items (Sawlng Cone. pvmt, Cone. Pvml, Conc. Pvmt Special, Rebars
(Epoxy Coated), 1" Dowel Bar (Epoxy Coated), S..al Conc, Pvmt Joints (3725)) are 1/2 Henn Co partic (based on est. price for 10" bit approx
$20.35Isy vs. est conc. pvmt. price of $41 ,25/sy). Remalnlng 1/2 is Hopkins local cost Only bit. walk eligible for state aid funding is along
CSAH 13 (4,140 sf). Remaining bit walk is 100% Mtka local cost
(2) Watennain & sanitary sewer items designed by city consultant.
(3) Special Walk items, streelscape items, landscape items desIgned by city consultant
(4) Minnetonka Trail Extension Project (Mlnnetonka Bituminous Walk & Overlay Project) . work on CSAH 5 east of L 5 sta 217 +68.86 (designed by city consu ltant).
(5) City's proportionate share of costs for County designed ilems (roadway, including stann sewer & signals).
(6) City's proportionate share of Construction engineering costs for construction contract administered by the County [all work, including stann sewer
signal, utility, landscaping, & trail extension/bit. overlay project work) .
(7) Utility relocations are 100% city local costs,
(B) Cost breakdown for landscaping:
A) 4" Concrete Walk Special 2 is for median walk, County partic. SAP 27~605-21 funding uses a typical 4" walk wlg",vel price of $3,OO/sf portion of total walk
est price ($6,50). Remainder is Hopkins local cost
B) Community Entrance Monuments. timber railing, information sign special, and
non-median walks (4" Concrete Walk Special 1 & 6" Concrete Walk Special) shall be 1 00% Hopkins local funds,
C) Wall piers (seat wall ends), concrete wall special (seal walls}, and 25 bollards shall be 113 Hennepin County REPP funds & 213 Hopkins local costs, Remaining
4 bollards are replacement extras and are 100% Hopkins local costs, landscape edger, set topsoil borrow and shrubs & perennial plantings (deciduous shrub no's
2.5,10 conlainer and perennial 1 gal container) are 113 Hennepin County REPP funds & 213 City Participating costs (HopkinslMlka share based on qty placed within
each city). Hennepin County REPP funds for roadway beautification a133% participation level is limiled to $145,000.00 (estimaled at $28,365,64 )
D) Hennepin County partic, Funds will pay up to 1 % of total project contract cost for 2,1lree replacement (Coniferous Tree 5' Ht B & B,Conif Tree 6' HI B & B,
Conif Tree B' Ht B & 8, Ornamental Tree 6' Ht B & B).
E) Hennepin County partic, Funds pay 100% for Relocate Planting Bed.
.(91 Hennepin County Non-Participating Funds will contribute $79,000.00 loward roadway surfacing (figure based on Hennepin County Operations Division
overlayeslimate).
lAST REVISION: 7r29JO.d
D'!QOS_B11'\O!S1gn\EXCELq!l' l' J=lJrVval'fl':-*lPr.r III Cr.d Sumrnilry
7,'2!iI1M 12:34 PM
Hennepin County Agreement No. PW 19-01-04
El<hibit"A";
Sheet 1 of 5
\NL
.
COUNTY I CITY
ACCOUNTS PAYABLE I RECEIVABLE
SUMMARY
Hennepin County Proiect No. 8111 - St3te Aid Proiect No, 27-605-21
C.SAH 5 from wesI of Robmv.nod In '" we.. orSl Alban's Road W & Minn.tonk. Bituminous Walk k Ov.d.y Pmjoct (from.as! tem>inous SAP 27 605-12 to Oak Ridge Ril)
Payable to County Payable to County Payable to Minnetonka
by Minnetonka by Hopkins by County
Item (County Receivable) (County Receivable) (City Receivable)
CONTRACT CONSTRUCTION
Roadway (incl stonn sewer, signals, $677,359,69 $430,752,29
utility relocations. landscaping, and
trail extlbit overlay project)
ENGINEERING
Design
Roadway (incl storm sewer & signals) $ 20,570,99 $ 22,471,93
Construction
. Contract Construction (all work, $ 54.188,78 $ 34,460,18
incl storm sewer, signals, utility relo-
cation, landscaping. trail ext project)
SIGNAL EQUIPMENT $ 4,500,00 $ 4,500,00
RIGHT OF WAY
Roadway $ 50,000,00 $ 50,000.00
POWER (XCEL ENERGY) UTILITY RELOCATION WORK
Permanent Underground Power Relocation $ 35,604.73
TOTAL $ 806,619.46 $ 542,184.40 $ 35,604,73
Estimated tolal payment to County by Minnetonka = $ 806,619.46
Estimated total payment to County by Hopkins = $ 542,184.40
Estimated total payment tn Minnetonka by Counly = $ 35,604,73
LAST REVISION: 7129104
D:\005311''\Dn~''VCr;:~\[Il'11,"grWIl'Jll.'''''~ P~_ReI: Summary
mSID4'Z:1>1P!.11
.
Hennepin County Agreement No, PW 1 9-01-04
Exhibit "A";
Sheet 2 of 5
\0L
CITY OF HOPKINS
. MEMORANDUM
To: Hopkins City Council
From: Jim Genellie
Date: August 17, 2004
Subject: City Manager Search
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council authorize the Mayor to sif!;n a contract witll the Brimeyer Group. Inc. to conduct a search for
a City Manager.
.
.
CITY OF HOPKINS
. MEMORANDUM
To: Hopkins City Council
From: Jim Genellie
Date: August 17, 2004
Subject: Second Reading of Ordinance 2004~915
Staff recommends that tIle Council approve the follovving motion: Move that the Hopkins City
Council approve Ordinance 2004-925 for second reading and order published.
This ordinance has not changed since the first reading.
Attachments:
. Ordinance 2004-925
.
I
i
.
--
CITY OF HOPKINS
. HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2004-925
AN ORDINANCE AMENDING THE CHARTER Of THE CITY OF HOPKINS
UPON RECOMMENDATION UF THE HOPKINS CHARTER COMMISSION
PURSUANT TO M.S.A. CHI\PTER 410.12, SUBD. 7
The City Council of the Ci ty c,f Hc:pkins, upon recommendation of ann
tram the Hopkins City Chart":r C:>_,mflli s sian does hereby ordain aIld
thus amend and adopt T:!-it': llj,.1'-:"\;iiny changes, deletions, and
amendments of or from the I \=: 1 ~i l~~ \",' i 1'1 (-1 ,:::hapter s and sections ut the
Hupkins City Charter:
Section 1. Section 7.03, lS amendecl as follows:
Section 7.03. BOARD OF EQUALIZATION. Unless the City Council
provides otherwicoe as permitted by law, the Council shall
constitute the Board of Squ,'di:::at ion and shall meet as such lD the
usual place for h C) 1 din 9 :~' c: U I! .' i 1 fV)(,'et ~n;.=rs not later than June 1 of
each year to equalize thf::' as ,CcP.':i sm,=,il t,s accordinq to law, or at such
other adjourned meetings as j,T. may dc:signate.
Section 2. The effective datp at ttlis ordinance shall be ninpty
. days after publication.
First reading: .; ,1'.1 '.1 ,:~ I /1 ~O04
c~ ,
Second reading: l~ U~II; ::: t 17, 2004
Date of Publication: August ')r 2004
"- b,
Date Ordinance Td kes Effect: n'Jvl-,;mber :::'4, 2004
By
Gene Maxwell, Mayor
ATTEST:
Terry Obermaierf City ClprL
APPROVED AS TO FOR~ AND LEGALI_;:
. City Attorney Signarul':c Date
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