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CR 2004-159 Approve Purchase Agreement Between City Of Hopkins And The Blake School CITY OF ~ . September 17,2004 HOPKINS Council Report 2004-159 Approve Constmction Cooperative Agreement with Hennepin 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/Minnetonka Boulevard intersection improvement proiect. Overview. City Council first considered approval of this agreement on September 7, 2004. The item was continued as City Council was interested in including language in the agreement regarding the conditions upon which the final design plans were approved. These conditions were included in the resolution approving the final design plans but are not included in the cooperative agreement. Hennepin County has requested that in lieu of revising the agreement that the City accepts a letter from the County Engineer committing the County to the Hopkins' conditions of approval. The proposed construction cooperative agreement sets the cost participation and maintenance responsibilities between the three parties, Hennepin County and Cities of . Hopkins and Minnetonka. Staff has no reason to believe the County won't honor the City conditions and has reviewed the agreement. Staff recommends approval. Primary Issues to Consider. . What are the details of the agreement regarding city costs and maintenance responsibilities? Supportinq Information . Resolution 2004-051 . County Engineer letter County greement PW 19-01-04 Steven J. Stadler Public Works Director Financial Impact: $ 558.184.40 Budgeted: ~ Source: Municipal State Aid, Sanitary Sewer, Water and Storm Sewer utility funds . Related Documents (CIP, ERP, etc.): 2005 eIP proiect Notes: ~ . Council Report 2004-159 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) Hennepin County: $2,286,233 City of MilUletonka: $842,224.19 Hennepin County REPP reimbursement (landscape/streetscape work): $28,377 + HelUlepin 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 HelUlepin 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 "0", before 20 years after completion of the project, that Hennepin County will construct a westbound to northbound right turn lane. . . CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2004-051 PROPOSED ROADWAY IMPROVEMENT PROJECT COUNTY STATE AID HIGHWAY 5 AND COUNTRY STATE AID HIGHWAY 73 COUNTRY PROJECT NO. 8111 WHEREAS, plans for Hennepin County Project No. 8111 showing proposed improvement of County State Aid Highway 5 at County State Aid Highway 73, within the limit of the City as a State Aid Project, have been prepared and presented to the City; and WHEREAS, Hennepin County has requested that the City of Hopkins approve the final plans as identified above. NOW THEREFORE, BE IT RESOLVED: That said plans be in all things approved and the City agrees to provide the enforcement for the prohibition of on- street parking on those portions of said Project No. 8111 within its corporate . limits, with the following conditions: . Hennepin County staff works diligently with MnDOT to establish a uniform speed, preferably 35 mph, from CSAH 73 to Highway 169. . That Hennepin County has committed that there will be no roadway lane additions or expansions for at least 10 years, with the exception of a potential separate right turn lane for westbound traffic at the east approach to CSAH 73 turning northbound if the overall intersection level of service drops below "D". Adopted by the City Council of the City of Hopkins this 20th day of July 2004. BY Eugene J. Maxwell, Mayor ATTEST: . Terry Obermaier, City Clerk . September 16, 2004 Mr. Steven 1. Stadler Public Works Director City of Hopkins 11100 Excelsior Boulevard Hopkins, MN 55343-3435 RE: CSAH 5 / CSAH 73; County Project 8111 Dear Mr. Stadler: The purpose of this letter is to address two issues brought forth by the City of Hopkins during final plan approval for the proposed improvements to the intersection of Hopkins Crossroad and Minnetonka Boulevard. The first issue is the city's desire for a uniform, consistent speed along the CSAH 5 corridor from 1-494 to TH 169. The county sees merit in establishing a consistent speed along this corridor, and with support from the cities of Hopkins and Minnetonka, we are willing to . approach Mn/Dot to make the change. It may make sense to wait until after completion of the CSAH 5/ CSAH 73 project to request Mn/Dot to do a speed study. Since the state has the ultimate decision on speed limits, we will work with the staffs from both cities to develop a strategy that would lead to the desired changes. The second issue is a request from the city that there will be no roadway lane additions or expansions on CSAH 5 for at least 10 years. With the exception of the westbound CSAH 5 to northbound CSAH 73 movement, which may require a right turn lane if the level of service falls below "D", the county agrees that no expansion of CSAH 5 will occur in the project area within 10 years after execution of the Construction Cooperative Agreement. We appreciate the city's efforts in bringing this project forward, and look forward to getting underway with construction of this much needed improvement. Please call if you have any questions, or if we can be of further assistance. Sincerely, *~l ~ {~~}-~~ ~ -o..\- CfI''7t04 Jame~. Grube, P.E. Director, Transportation Department and County Engineer . c: Lee Gustafson, City of Mimletonka . Agreement No. PW 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 of Minnesota, hereinafter referred to as the "County", and the City of Hopkins, a body politic and corporate under the laws of the State of MiImesota, 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. (CSAH) 5 (a.ka. Minnetonka Boulevard) from Robinwood Lane to West St. 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 Project 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 1 \jJL . Agreement No. PW 19-01-04 CSAH 5 & CSAH 73; C.P. 8111 WHEREAS, 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 51. Albans Road to Oak Ridge Road, hereinafter referred to as the Minnetonka Trail Extension Project, and; WHEREAS, 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 mlUlicipal and county state aid funds, and local funds; and WHEREAS, the Cities have requested that the County include city designed landscaping and streetscape in the Project 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 Minnetonka has requested that lines and facilities for distribution of electrical energy be relocated underground by Xeel Energy within the limits of the Project; and WHEREAS, the City of Mi1U1etonka 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 ~ 2 - \~L . 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 Project 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 ofMiIll1esota. All designs, which affect County facilities, shall conform to MnJDOT 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 pem1anent drawings on reproducible 11 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. . - 3 - \1\./ L ---- . 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 Countis contractor for the performance of any additional construction or construction occasioned by any necessary, advantageous or desirable changes in plans, within the original scope of the Project. 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 suchclaims 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 ofMinnetonka required for the construction of the Project shall be shared equally between City ofMinnetonka 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". . -4- \fJ\- . 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 1 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 ofthe 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 environmental 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 ofthe 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 - 5 - \'\1 L . 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 ofthe costs of the County Supplied Equipment. - 6- vJL . 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 ofthe 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 apportionment 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 ofthe 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 81. Albans Road and a resultant bituminous overlay of CSAH 5 necessitated by the construction of said bituminous trail along CSAH 5. The City of Minnetonka hereby understands and agrees that the costs for the aforesaid Minnetonka Trail Extension Project shall be the responsibility ofthe City ofMinnetonka, 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. . ~ 7 - V'v'\- i . 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 Xeel Energy and for the construction of streetseape 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 ofthe costs for landscaping and streetscape 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 streetscape 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 ofthe 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 - 8 - VJl_ . Agreement No. PW 19-01-04 CSAH 5 & CSAH 73; C.P. 8111 identified and set forth in Articles V through XIV ofthis 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 ofMinnetonka is to pay the County as a result of this Agreement is $806,982.46 and the estimated amount that the City of Hopkins is to pay the County as a result of this Agreement is $521,90 l.4l. 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 MilU1etonka 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 COlUlty. The COlUlty shall pay the amolUlt due as stated on the statement, notwithstanding any dispute of such amolUlt. 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 amolUlt was received by the City ofMinnetonka. Daily interest shall be at the rate of one (1 %) 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 (1 %) 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. . - 9 - \Ni~ . 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 Project 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 ofMinnetonka. 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. . - 10 ~ VV\- - . Agreement No. PW 19-0 1 ~O4 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 lID-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: 1. 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 ofEVP 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, th~ 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 xxm 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 - 11 - ~ y - . 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 ofthe 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 northbound 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 tum 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 ofthe Cities as specified in the previous paragraph, it is further understood and agreed that upon completion of any and all improvements - 12- \\jL . Agreement No. PW 19-01-04 CSAH 5 & CSAH 73; C.P. 8111 i , proposed herein, all streetscape, landscaping and associated landscaping structures shown in the landscaping plans for the Project at the intersection of CSAH 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, stann 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 pedestrian/bicycle 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 fro-m 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 ofMinnetanka 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 attomeys' 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 ofMinnetonka'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 hannless the County and the City of Minnetonka, 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 attomeys' fees, resulting directly or indirectly from any act or omission ofthe 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 orreplacement 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 of Minnetonka 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. . 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- \/v '-- -..--- ---- - 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 ofthe 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 of Minnetonka 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 - Vv'\... 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. . (tllis space left intentionally blank) . - 16- ~'-- . Agreement No. PW 19-01-04 CSAH 5 & CSAH 73; C.P. 8111 IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF HOPKINS (Seal) By: Mayor Date: And: Manager Date: CITY OF MINNETONKA . (Seal) By:~zJa/~ , Mayor ^ Date: f-\ V ~j0 ~* 'J4 \ ~QO'f , And '1.;Li~-- Manager~ ' Date: ~~,) ,~")~*' d \f I;;) OO~ . - 17 - VJL 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: n~A~ AssistantlDeputy/County Administrator Date: SSlstant County Attorney Date: 7/~ And: Assistant County Administrator, Public Works Date: . APPROVED AS TO EXECUTION: RECOMMENDED FOR APPRO V AL By: By: Assistant County Attorney Director, Transportation Department and County Engineer Date: Date: . - 18 - V,JL DIVISION OF COST SUMMARY . Hennepin County Project No. 8111 - State Aid Proiect No. 27-605-21 C.S_AH. NO_ 5 from west of Robin wood Ln_ to west of St_ Alban', Road W & Minnetonka Bitummou, Walk and Overlay ProjeCt (from east terminou, SAP 27-605-12 to Oak Ridge Rd) TOTAL HENNEPIN CO. MINNETONKA HOPKINS CONTRACT CONSTRUCTION ROADWAY ITEMS (1) $2,414,545_85 $2,001,120_83 $205,894.70 $207,530_31 WATERMAIN & SANITARY SEWER (2) 323,664,00 (7l 231,772.00 (7) $91,892_00 (7) LANDSCAPING (3) 177,198_38 62,377_38 (8) 680.00 (8) $114,141_00 (8) MTKA TRAIL EXTENSION PROJECT (4) 318,331.99 79 ,000.00 (9) 239,331.99 (9) CONSTRUCTION CONTRACT SUBTOTAL $3,233,740.22 $2,142,498.21 $677,678.69 $413,563_31 ENGINEERING DESIGN - ROADWAY ITEMS (10%) 41,342.50 20,589.47 (5) 20,753.03 (5) CONSTRUCTION [8%) 87,299.36 54,214_30 (6) 33,085_07 (6) SIGNAL EQUIPMENT 18,000.00 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 PARTie FUNDS 71 ,209_46 35,604.73 35,604.73 PROJECT COST SUBTOTALS $3,651,591.54 $2,287,102.94 $842,587_19 $521,901.41 . (1) Roadway items, drainage Items, signal system - dQes not include special walk Qr streetseape items [landscaping) Qr items/quantities from Mtka Trail ExtenslQn PrQjeet {CSAH 5 work east Qf L 5 sta 217+68_86}. StQnn sewer items are 100% State Aid eligible (50% CQUnty, 29% MtJ<a, 21% Hopkinsl. Signal system is 50% cQunty (partlc), 25% Mlka (partic), and 25% Hopkins [partie). CQne. pavement items (Sawing Conc. Pvrnt, Conc. Pvml, Conc_ Pvmt Special, Rebars (EpQxy Coated), 1" Dowel Bar (EpQXY Coated), Seal Conc_ Pvmt JQints (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). Remaining 112 is Hopkins IQcal CQSt. Only biL walk eligible for slate aid funding is along CSAH 73 (4,140 sf). Remaining bit. walk is 100% Mtka IQcal CQst. (2) Waterrnain & sanitary sewer Items designed by city CQnsu llant. (3f Special Walk items, streetseape items, landscape items desig ned by city consulta nL (4) Minnetonka Trail ExtensiQn Project (Minnetonka BituminQus Walk II< Overlay Projectl- wQrk Qn CSAH 5 east of L 5 sta 217+68.86 (designed by city cQnsultant). (5) City's prQPortionate share of costs for County designed Items (roadway, including stQnn sewer II< signals). (6) City's proportionate share of Construction engineering costs fQr cQnstruction contract administered by the CQunty (all wQrk, including storm sewer signal, utility,landscaping, & trail extension/bit. overlay project WQrk). (7) Utility relQcations are 100% city local CQsts. (8) CQst breakdown fQr Landscaping; A) 4" CQnerete Walk Special 2 is for median walk_ County partic. SAP 27-605-21 funding uses a typical 4" walk w/gravel price of $3_ OO/sf portion of total walk est. price ($8_50)_ Remainder is HQpkins local cost. B) CQmmunity Entrance Monumenls, limber railing. informatiQn sign special, and nQn-median walks (4" Concrete Walk Special 1 & 6.' CQncrete Walk Special) shall be 100% Hopkins local funds_ C) Wall piers (seat wall ends), cQncrele wall special (seat walls), and 25 bollards shall be 1/3 Hennepin CQunty REPP funds & 2f3 HQpkins local costs_ Remaining 4 bollards are replacemenl extras and are 100% HQpkins local CQsts_ Landscape edger, seL tQPsQiI bQrrQw and sbrubs & perennial plantings (deciduous shrub no's 2,5,10 conlainer and perennial 1 gal container) are 1/3 Hennepin County REPP funds & 213 City Participating CQsts (HopkinsIMtka share based an qty placed within each city) _ Hennepin CoUnty REPP funds forrQadway beautlficaliQn al 33% participation ievei is limited to $145.000_00 (estimated at $28,377.38 l D) Hennepin County partic_ Funds will pay up to 1 % of tQlal project contract eQst fQr 2:1 tree replacemenl (CQniferous Tree 5' Ht B & B,Conit Tree 6' Ht B & B, CQnif Tree 8' Ht B & B, Ornamental Tree 6' HI B & B)_ E) Hennepin CQunty partic_ Funds pay 100% for Relocate Planting Bed_ (9) Hennepin CQunty NQn-Participating Funds will contribute $79,000_00 tQward roadway surfacing (figure based Qn Hennepin County OperatiQns Division . overlay e5timate)~ LASt R2VISIDN. 71"10104 D.\005_1S111\Oe!1ign\EXCtLQ!llltFt:IliI'i'olIyrreJl'\5JD;., DI cwt SLlmmIlrl" 7/20.'D42:DB PM Hennepin CQunty Agreement No. PW 19-01-04 Exhibill1 AU; Sheet 1 of 5 \\/L . COUNTY I CITY ACCOUNTS PAYABLE I RECEIVABLE SUMMARY Henncnin County Proiect No. 8111 - Stole Aid Proiect No. 27-605-21 c.S.AH S from """' ofRo.inwood Ln_ to west ofSt Alban's Road W & Minh.lOok. Bituminous WlIIk & Overloy Projeet (fn,m 0lISI terminollS SAP 17-605-12 to Oak :R>dge RdJ 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 storm sewer, signals, $677,359.69 $430,752.29 utility relocations, landscaping, and trail extJbit overlay project) ENGINEERING Design Roadway (incl storm sewer & signals) $ 20,570_99 $ 22,471_93 Construction Contract Construction (all work, $ 54,186_76 $ 34,460.16 . incl storm sewer, signals, utility relo- cation, landscaping, trail ex(, 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 total payment to County by Minnelonka = $ 806,619.46 Estimated total payment to County by Hopkins = $ 542,184.40 Estimated total payment to Minnetonka by County = $ 35,604.73 LAST REVISION: 7/29/04 D:l&t15_lnl\OnOg~\Ell:ELl.JlI" IF..w..,.......~ PIfl'_RK Sll~ry 7nlMH 121DPM . Hennepin County Agreement No_ PW 19-01-04 Exhibit "A"; Sheet 2 of 5 W\- ...-----