CR 2000-148 Approve Cooperative Agreement with Hennepin County For Participation In Roadside Enhancement Partnership Program
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August 31, 2000 0 P K \ ~ Council Report 2000-148
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Approve Cooperative Agreement with Hennepin County for Participation in Roadside
Enhancement Partnership Program
Proposed Action,
Staff recommends adoption of the following motion: Move that Council authorize the
Mayor and City Manager to sign Hennepin County Agreement # PW 36-01-00 an
agreement to accept funding participation from Hennepin County for the City's Excelsior
Blvd Streetscape contract.
Overview.
In January, 2000 Hennepin County Board of Commissioners adopted the "Roadside
Enhancement Partnership Program" to assist cities in funding for enhancements to
county road corridors. This funding program is available to cities that are wholly
located within the Metropolitan Urban Services Area (MUSA). The County has
determined that the City's contract for Excelsior Boulevard Phase I landscaping
qualifies for funding from this program.
Primary Issues to Consider.
. . What is the amount of County funding?
The County will fund one third of the cost of qualifying landscape/streetscape
improvements. The estimated amount for this project is $94,823.26.
. City responsibilities under the agreement
The City is responsible to maintain the landscape improvements.
Supportinq Information
. County Agreement PW 36-01-00
~\
Steven J. Stadler
Public Works Director
Financial Impact: $_est 94.823.26 revenue Budgeted: -.llQ Source: Henn County
Related Documents (CIP, ERP, etc.):
. Notes:
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. HennepJnJ~,Qynty
August 3, 2000
Mr. Steven Stadler
City of Hopkins
1010 First Street South
Hopkins, Mn 55343
AGREEMENT NO, PW 36-01-00
CSAIl 3
COUNTY PROJECT 0034
STREETS CAPE IMPROVEMENTS
Dear Mr. Stadler,
Submitted for approval are two copies ofthe above referenced agreement.
. If the agreement is satisfactory, please have both copies signed by the appropriate officials and
return them to this office. Also, please return two certified copies of a resolution authorizing
these officials to sign the agreement. In addition, please fill out and retum the attached Fonn
W-9. Upon completion of the remaining signatures by Helmepin County officials, we will
send you one fully executed copy for your files.
If you have any questions concerning the agreement, please call Harlan Hanson at (763) 745-
7673 or Wayne Laos at (763) 745-7663.
Please call Bruce Curtiss at (763) 745-7664 to arrange for pick up by Hem1epin County,
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{-o0-,', Bruce M. Polaczyk, P.E.
, Design Engineer
.
Transportation Department
l600 Prauie Drive Recycled Papel'
Medina, MN 55340-5421
(612) 745-7500 FAX (6]2) 478-4000 'fDD: (612) 852-6760
. Agreement No. PW 36-01-00
County Project No. 0034
County State Aid Highway 3
City of Hopkins
County of Hennepin
AGREElVIENT FOR P ARTICIP ATION IN
ROADSIDE ENHANCEMENT PARTNERSHIP PROGRAM
THIS AGREEMENT, Made and entered into this day of ,2000,
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 Minnesota, hereinafter referred to as the "City",
WITNESSETH:
WHEREAS, There exists Hennepin County Agreement No. PW 20-01-97 between the County
and the City for reconstruction and landscaping of County State Aid Highway No, (CSAR) 3
(Excelsior Boulevard) from CSAH 61 (Shady Oak Road) to east of 11 th A venue South; and
. WHEREAS, At the time Hennepin County Agreement No. PW 20-01-97 was executed, the
COlmty did not have funds available to participate in the funding oflandscaping along said County
road. The County has since established a program to fund aesthetic enhancements to County roadway
corridors known as the "Roadside Enhancement Participation Program", Said streetscape
improvements are eligible for participation under the Roadside Enhancement Partnership Program; and
WHEREAS, The City has now awarded a contract for streetscape improvements along CSAH 3
from CSAH 61 to 9th Avenue South, which improvements contemplate and include the planting of .
trees and shrubs, the installation of irrigation and other related improvements; and
WHEREAS, Said streetscape improvements hereinbefore described, shall be identified and
accomplished under City of Hopkins Project No. 93-11 (a.k.a. Hennepin County Project No. 0034),
hereinafter referred to as the "Project"; and
WHEREAS, The Project was designed and will be installed under the terms of the aforesaid
Hennepin County Agreement No. PW 20-01-97; and
'VHEREAS, The City has requested County participation in the costs of said Project; and
WHEREAS, It is considered mutually desirable to install said proposed streetscape
improvements; and
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. Agreement No. PW 36-01-00
CSAH 3, c.P. 0034
WHEREAS, The City or its agent has prepared an Engineer's Estimate of quantities and unit
prices for the contract work for the Project in the amount of Two Hundred Eighty Four Thousand
Seven Hundred Fifty Four Dollars and Fifty Five Cents ($284,754.55), A copy of said estimate marked
Exhibit "A" is attached and by this reference made a part hereof; and
WHEREAS, The County desires to identify future maintenance responsibilities and liability
issues regarding the above referenced streetscape improvements which will be installed by the City's
contractor within the County's right of way; and
WHEREAS, Said proposed Project lies within the corporate limits of the City; and
WHEREAS, It is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes, Section 162.17, Subdivision 1 and Section 471.59,
NOW THEREFORE, IT IS HEREBY AGREED:
I
. Due to the availability of funds from said County's Roadside Enhancement Partnership Program
and the County's recognition of the benefits derived from the improvements proposed herein, the
County has agreed to participate in the costs of said streetscape improvements contrary to the
provisions of said Hennepin County Agreement No. PW 20-01-97, and therefore it is hereby agreed by
the parties hereto that paragraph two (2) of Article IX of the aforesaid Agreement is rescinded, and
therefore, is null and void,
The County shall reimburse the City for thirty three (33) percent of the costs for the streetscape
improvements as shown in Exhibit "A". For informational purposes, the County's share of the costs
for said streetscape improvements is estimated to be Ninety Four Thousand Eight Hundred Twenty
Three Dollars and Twenty Six Cents ($94,823.26).
The City understands and agrees that the County's participation in said costs for streetscape
improvements shall not exceed One Hundred Fifty Two Thousand Dollars and No Cents ($152,000.00)
as per the County's policy on roadway beautification under the County's Road Enhancement
Partnership Program.
It is further understood that the Engineer's Estimate referred to on Page I of this Agreement is an
estimate of the cost for said Project and that the unit prices set forth in the contract with the successful
bidder and the final quantities as measured by the City Engineer or its designated representatives shall
govern in computing the total final cost for apportioning the costs of said Project according to the
. provisions herein.
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. Agreement No. PW 36-01-0'0
CSAH 3, C.P. 0034
II
Upon the completion and acceptance by the City of the streetscape improvements, the City shall
invoice the County for one hundred (100) percent of the County share ofthe costs for the Project. Said
County share shall be for thirty three (33) percent of those items identified in Exhibit "A", and shall be
based on the actual contract unit prices for work completed by the Contractor and final quantities as
measured by the City Engineer.
Said invoice from the City to the County shall be a complete, detailed, itemized statement of all
items of work, services or expenses incurred under the terms of this Agreement, and shall clearly show
the full costs of the Project and the County's share of said costs. It is further understood by the City,
, .that payment of said invoice shall be the County's total and only payment for the County's share of the
costs for the Proj ect.
The County will within forty five (45) days of receipt of said invoice deposit with the City funds
totaling the amount of said invoice,
III
The payment to the City must be postmarked by the date due or a late penalty of one (1) percent
. per month, or fraction thereof, on the unpaid balance may be charged to the County. The County shall
pay the amount due as stated on the invoice, notwithstanding any dispute of such amount. Should a
disputed amount be resolved in favor of the County, the City shall reimburse the disputed amount plus
daily interest thereon calculated from the date such disputed amount was received by the City. Daily
interest shall be at the rate of one (1) percent per month on the disputed amount.
IV
It is understood and agreed that upon completion of any and all improvements proposed herein,
said streetscape improvements shall become the property of the City and all maintenance, restoration,
repair, replacement or other work or services required thereafter shall be performed by the City at its
own expense.
V
The above referenced streetscape improvements shall be maintained in accordance with the
":MAINTENANCE REQUIREMENTS FOR LANDSCAPE/STREETSCAPE ELEMENTS WITHIN
HENNEPlN COUNTY RIGHT OF WAY attached hereto, marked Exhibit "B", which by this
reference, is made a part hereof.
Nothing herein is intended nor should be construed to require the City to maintain operational
. clear zones at a higher standard of care than does the County through its normal practices and
procedures,
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. Agreement No. PW 36-01-00
CSAH 3, c.P. 0034
VI
The County reserves the right to remove and dispose of any streetscape improvements from
within County right of way which are not maintained by the City in accordance with this Agreement.
In the event streetscape removal and disposal activities are necessary, the County will invoice the
City for all costs incurred during said removal and disposal activities. The City agrees to reimburse the
COlmty for all costs incurred during said streetscape removal and disposal activities. Payment shall be
made to the County by the City for the full amount due stated on the invoice within forty five (45) days
of the invoice date.
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 City. The City shall pay the
amount due as stated on the invoice, notwithstanding any dispute of such amount. Should a disputed
amount be resolved in favor of the City, 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.
VII
. All records kept by the City and the County with respect to this Project shall be subject to
examination by the representatives of each party hereto.
VIII
The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents,
volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses,
costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or
omission of the City, its subcontractors, 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 City owned improvements. The City's liability under this
indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or
other applicable law.
IX
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 City's liability are governed by the provisions of Minnesota Statutes, Chapter
466,
. The County and the City each warrant that they are able to comply with the aforementioned
indemnity requirements through an insurance or self-insurance program.
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. Agreement No. PW 36-01-00
CSAH 3, c.p, 0034
X
The City also agrees that any contract let by the City or its agents for any maintenance activities
associated with the above referenced streetscape improvements shall include clauses that will: 1)
Require the Contractor to defend, indemnify, and hold the County, its officials, officers, agents and
employees hannless from any liability, causes of action, judgments, damages, losses, costs or expenses
including, without limitation, reasonable attorneys' fees, arising out of or by reason of the acts and/or
omissions of the said Contractor, its officers, employees, agents or subcontractors; 2) Require the
Contractor to be an independent contractor for the purposes of completing the work provided for in this
Agreement; and 3) Require the Contractor to provide and maintain insurance in accordance with the
following:
1. Commercial General Liability on an occurrence basis with
Contractual Liability and Explosion, Collapse and Underground
Property Damage (XCD) Liability coverages:
Limits
General Aggregate $1,000,000
Products--Completed Operations Aggregate $1,000,000
. Personal and Advertising Injury $1,000,000
Each Occurrence - Combined Bodily Injury and
Property Damage $1,000,000
Hennepin County shall be named as an additional insured for the Commercial General
Liability coverage with respect to operations covered under this Agreement.
2. Automobile Liability:
Combined Single limit each occurrence coverage or the
equivalent covering owned, non-owned, and hired
automobiles: $1,000,000
3, W orkerst Compensation and Employerts Liability:
A. Workers' Compensation Statutory
If the Contractor is based outside the State of Minnesota,
coverages must apply to Minnesota laws.
E. Employer's Liability - Bodily injury by:
. Each Accident $100,000
Disease - Policy Limit $500,000
Disease - Each Employee $100,000
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. Agreement No. PW 36-01-00
CSAH 3, C,P. 0034
An Umbrella Liability policy over primary liability coverages is an acceptable method to provide
the required insurance limits.
The above subparagraphs establish minimum insurance requirements. It is the sole responsibility
of the City's Contractor to determine the need for and to procure additional insurance which may be
needed in connection with said Project.
All insurance policies shall be open to inspection by the County and copies of policies shall be
submitted to the County upon written request.
XI
It is further agreed that any and all employees ofthe City and all other persons engaged by the
City in the performance of any work or services required or provided for herein to be performed by the
City shall not be considered employees of the County, and that any and all claims that mayor might
arise under the Worker's Compensation Act or the Minnesota Economic Security Law 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 Comity.
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 City, and that any and all claims that mayor might arise under
the Worker's Compensation Act or the Minnesota Economic Security Law 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 City.
XII
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purpose of this Agreement, the County Engineer or his designated representative shall
manage this Agreement on behalf of the County and shall serve as liaison between the County and the
City.
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purpose of this Agreement, the City's Public Works Director or his designated
representative shall manage this Agreement on behalf of the City and shall serve as liaison between the
City and the County.
. XIII
It is understood and agreed that the entire Agreement between the parties is contained herein and
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. Agreement No. PW 36-01-00
CSAH 3, C.P, 0034
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.
XIV
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.
.
(This space left intentionally blank)
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. Agreement No. PW 36-01-00
CSAH 3, c.p, 0034
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:
COUNTY OF HENNEPIN
. ATTEST:
By: By:
Deputy/Clerk of the County Board Chair of its County Board
Date: Date:
APPROVED AS TO FORM: And:
~;~6a I AssistantlDeputy/County Administrator
Date:
By' L:' u }(/nlCLu
A sistant County Attorney
~ / iJCJ And:
Date: Assistant County Administrator, Public Works
/ I and County Engineer
Date:
APPROVED AS TO EXECUTION: RECOMMENDED FOR APPROVAL
By: By:
. Assistant County Attorney Director, Transportation Department
Date: Date:
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lVIAINTENANCE REQIDREMENTS FOR
LANDSCAPE/STREETSCAPE ELElVIENTS WITIDN
HENNEPIN COUNTY RIGHT OF WAY
All Landscape/Streetscape elements placed within Hennepin County Right of Way shall be
maintained by the City in accordance with the following requirements. It is understood that the
-' following maintenance requirements represent minimum standards acceptable to the County and
that it is the City's responsibility to perform additional maintenance as may be necessary.
. Alllandscape/streetscape elements shall be maintained and trimmed to ensure adequate site
distance to all drivers throughout the roadway corridor and at all intersections.
. . Alllandscape/streetscape elements shall be placed, maintained and trimmed to ensure that all
roadway structures and appurtenances, including but not limited to traffic control signals and
signs, are not obstructed from the driver's view.
. All vegetation in medians, other than trees, shall be limited to three (3) feet in height, as
measured from the bottom of the median gutter line. Shorter heights may be required to
ensure adequate site distance.
. Irrigation systems shall be designed and maintained so irrigation water does not flow or spray
onto any County-owned appurtenance or roadway,
. Mulch materials shall be maintained and contained so as to not spill out onto the County
roadway.
.
Hennepin County Agreement No. PW 36-01-00
Exhibit "B"; Sheet 1 of2 .:J1IJ-
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. Operational Clear Zones shall be maintained in accordance with the following:
Minimum Operational
Posted Speed Limit Clear Zone
::; 35 mph 6 feet (1)
35 mph::; 45 mph 10 feet (1)
2: 45 mph 30 feet (2)
(1) From face of curb to face of obstacle.
(2) From edge oftraffic lane to face of obstacle.
If at any time after streetscape elements are installed, the minimum operational clear zone
requirements for a particular roadway segment change as a result ofroadway or speed limit
revisions which are not initiated by the City, the City will not be required to remove any
streetscape elements within the minimum operational clear zone limits.
. No trees shall be installed within the Minimum Operational Clear Zones.
.
. Coniferous trees shall not be installed within County right of way nor should they be
installed in locations where they are or may grow to be sight distance obstacles,
. In all areas where landscape/streetscape elements cause inadequate snow storage for roadway
snow plowing operations, it shall be the responsibili ty of the City to either move or haul
away enough snow to provide adequate storage.
. The City shall be responsible for all traffic control necessary for maintenance of the
landscape/streetscape elements. All traffic control devices and methods employed shall be in
accordance with the Minnesota Manual of Uniform Traffic Control Devices (MNfUTCD).
. The County's responsibility for any landscape/streetscape restoration for any reason
following County maintenance activities or utility work within the County's right of way
shall be limited to topsoil and turf. Restoration of all other landscape/streetscape elements
shall be the responsibility of the City.
. . All debris resulting from City maintenance activities shall be removed from the County right
of way by the City.
Hennepin County Agreement No. PW 36-01-00
Exhibit "B"; Sheet 2 of2 \/VL
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