CR 97-118 Construction Cooperative Agreement Excelsior Blvd, Segment 1
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June 12, 1997
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Council Report 97-118
Consider Construction Cooperative Agreement
Excelsior Boulevard, Segment 1
Proposed Action.
Staff recommends adoption of the following motion: Move that Council
approve the proposed construction cooperative agreement between the City
of Hopkins and Hennepin County for construction and maintenance related to
Excelsior Boulevard Improvements. Segment 1.
Overview.
Hennepin County has completed final construction cost estimates and has
submitted a proposed construction cooperative agreement for City
consideration. The agreement allocates cost participation of construction
items between the City of Hopkins and Hennepin County and divides
maintenance responsibilities. The agreement must be approved by the City
before the County can advertise the project or request County Board
approval.
Primary Issues to Consider.
. City - County Cost Estimates
. Maintenance Items
. Construction Contract Cost Reimbursement
Supporting Infonnation.
. Construction Cooperative Agreement
. City Attorney Letter
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Steven J. Stadler, Public Works Director
Analvsis of Issues.
. City ~ County Cost Estimates
The total estimated construction cost is $4,090,532.22 The cost breakdown
is as follows:
. City of Hopkins: $941,973.19
. Hennepin County: $2,902,418.79
. City ofMinnetonka: $246,140.24
The right of way costs within the City of Hopkins are as follows:
. City of Hopkins: $324,884.00 (includes purchase of property at
130 19th Avenue South)
. Hennepin County: $237,750.00
Detailed breakdown of costs are shown in the agreement, Exhibit "A".
. Maintenance Items
The City of Hopkins is responsible for maintenance of street lighting,
pedestrianJbicycle paths, sidewalks, water distribution and sanitary sewer
system components, areas paved with brick pavers, storm sewer trunk lines
and grit chambers (2), and landscaping elements.
The County is responsible for maintenance of the pavement, curbing, storm
sewer catch basins and leads, and traffic signals.
These maintenance responsibilities match past practices in regards to
maintenance on CSAH 3. The additional items include the grit chambers,
walkways, street lighting, paver areas and landscaping elements.
Construction Contract Cost Reimbursement
The agreement calls for payment of 95% of City obligation within 45 days of
the invoice date after contract award. The remainder is due upon completion
of the project.
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Hennepin County
An Equal Opportunity Employer
June 12, 1997
Mr. Steven Stadler
City of Hopkins
1010 First Street South
Hopkins, Minnesota 55343
AGREEMENT NO. PW 20-01-97
CSAH 3; CO~~-;~OJECT 9224
Dear ?dler:
Submitted for approval are two copies of the above referenced agreement.
If the agreement is satisfactory, please have both copies signed by the appropriate
City officials and return them to this office. Also, please return two certified
copies of a resolution authorizing these officials to sign the agreement. Upon
completion of the remaining signatures by 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
930-2530.
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Bruce M. Polaczyk, P.E.
< Design Engineer
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Enclosure
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Department of Public Works
320 Washington Avenue South
Hopkins, Minnesota 55343-8496
(612)930-2500 FAX:(612)930-2513 TDD:(612)930-2696
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Agreement No. PW 20-01-97
County Project No. 9224
County State Aid Highway No. 3
County State Aid Highway No. 61
City of Hopkins
County of Hennepin
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, Made and entered into this day of
,19 , 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, The County has determined that improvements are needed,to that
portion of County State Aid Highway No. (CSAH) 3 (Excelsior Boulevard), from
212 meters west of CSAH 61 (Shady Oak Road) to 240 meters east of 11th Avenue
and also that portion of CSAH 61 from 250 meters south of CSAH 3 to 190 meters
north of CSAH' 3 as shown on the County Engineer's plans for County Project No.
9224, which improvements contemplate and include grading, drainage, concrete
curb and gutter, bituminous surfacing, retaining walls, traffic signals, right
of way and other related improvements; and
WHEREAS, The above mentioned construction of CSAH 3 and CSAH 61 shall be
identified as County Project No. (C.P.) 9224 (a.k.a. SAP 27-603-27 and SAP 27-
661-27), herei nafter referred to as the "Project"; and
WHEREAS, The County and the City have been negotiating to bring about the
improvements of that portion of CSAH 3 and CSAH 61, from the west corporate
1.imits of the City to 240 meters east of 11th Avenue as shown on the County
Eng_ineer'splans for the. Project; and
WHEREAS, The above mentioned construction of CSAH 3 and CSAH 61 within
the corporate limits of the City shall hereinafter referred to as the "Roadway
Proj ect"; and
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
WHEREAS, The City has expressed willingness to participate in the
construction cost of said Roadway Project; and
WHEREAS, The County and its agent have heretofore prepared an Engineer's
Estimate of quantities and unit prices for the construction contract work of
the above described Project in the amount of Four Million Ninety Thousand Five
Hundred Thirty Two Dollars and Twenty Two Cents ($4,090,532.22). A copy of
said estimate is included in Exhibit "A", which is attached hereto and by this
reference made a part hereof; and
WHEREAS, To ensure compatibility with the County's existing network of
traffic signal systems the County will furnish the controllers, control
equipment and control cabinets to be installed as a part of said Roadway
Project; and
WHEREAS, The County and the City have also been discussing the
installation of landscaping and lighting along CSAH 3 within the aforedefined
. limits of the Roadway Project which shall hereinafter be referred to as the
"Landscaping Project"; and
WHEREAS, The City and its agent are developing plans for said Landscaping
Project and have also prepared an estimate of the quantities and unit prices
for said Landscaping Project in the amount of Six Hundred Thousand Dollars and
No Cents ($600,OOO.oO); 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:
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The County will advertise for bids for the work and .construction of the.
aforesaid Project, receive and open bids pursuant to said advertisement and
enter into a contract with the successful bidder at the unit prices specified
in the bid of such bidder. The Contract will include the plans and
specifications prepared by the County and its agent, along with the plans and
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
specifications prepared by the City and its agent for the sanitary sewer and
water distribution system improvements to be accomplished as a part of this
Project.
II
The County will administer the contract and inspect the construction of
the Project. However, the City Engineer of Hopkins shall cooperate with the
County Engineer and his staff at their request to the extent necessary, but
will have no responsibility for the supervision of the work.
The City agrees that the County may make changes in the aforereferenced
approved plans or in the character of said contract construction which are
reasonably necessary to cause said construction to be in all things performed
and completed in a satisfactory manner. It is further agreed by the City 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 Roadway Project. Said changes may
result in an increase or decrease to the City's cost participation estimated
herein.
III
The City and its agent shall develop all the necessary construction
plans, specifications and Proposal, for the aforedefined Landscaping Project.
Said construction documents shall be developed in accordance with the attached
"HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS - TRANSPORTATION DIVISION; I
RECOMMENDED URBAN LANDSCAPE/STREETSCAPE GUIDELINES" (marked Exhibit "B") which
by this reference is made a part hereof. In the event the City' requests
approval of construction documents which are not wholly in compliance with
said gUidelines, the County's failure to insist upon strict compliance with
Exhibit "8" shall not be deemed a relinquishment or waiver of its right to do
so nor shall it be construed to abrogate any of the responsibilities and
liabilities of the City set forth in Articles XXII, XXIV and XXV hereof.
Prior to beginning any work, tile City shall submit to the County
approval, two (2) complete sets of the final plans and specifications
Landscaping Project.
for
for said
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
The City shall advertise for bids for the work and construction of said
Landscaping Project; shall receive and open bids pursuant to said
advertisement and enter into a contract with the successful bidder at the unit
prices specified in the bid of such bidder.
The Contract shall include the plans and specifications prepared by the
City or its agents and approved by the County. It is understood that all work
to be performed under said Landscaping Project shall be done either in
conjunction with or upon completion of the construction activities of the
Roadway Project. It is anticipated that the CSAH 3 corridor will be ready for
landscaping activities in the Spring of calendar year 1999.
IV
The City shall administer the contract and shall perform the required
engineering, inspection. and testing for the Landscaping Project; all in
accordance with said approved plans and specifications. The City shall notify
the County at least three weeks prior to the start of any construction
activities on the Landscaping Project. The County Engineer and his staff
shall have the right, as work progresses, to make any inspections deemed
necessary, but will have no responsibility for the supervision of the work.
All extra work orders or changes in the work to be performed as part of said
Landscaping Project that affect the plantings within the County's right of way
shall be subject to the approval of the County Engineer or his designated
representative prior to performing the revised work.
V
The City agrees to grant easements to the County over those lands owned
by the City that are a part of the required right of way for said Roadway
Project. Said easements shall be granted at no cost to the County.
It is understood that the City shall be responsible for the cost of
acquiring Parcel number 14 as shown on the right of way plan for said Roadway
Project. It is understood that Parcel 14 was acquired by the City as a total
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. .taking even though .the entire parcel is not required.for highway purposes.
-The County. will-receive rights. of way on Parcel 14 as shown in the County's
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plans for said Roadway Project. The County will only participate in the cost
of Parcel No 14 for the amount computed as that portion necessary for said
Roadway Project. The remainder of the cost of Parcel No 14 will be funded one
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
hundred (100) percent by the City. SaiA costs for Parcel No. 14 are shown in
Exhibit "A'.
The County or its agents will acquire all additional right of way,
permits and/or easements required for the construction of said Roadway
Project. The final cost of all additional right of way, permits and/or
easements required for the construction of that portion of said Roadway
Project which lies within the corporate limits of the City of Hopkins plus all
costs incurred by the County in acquiring said right of way, permits and/or
easements shall be apportioned as follows:
All costs for parcels along or adjacent to CSAH 3 and CSAH 61 excepting
Parcel 14, and parcels along or adjacent to intersecting municipal cross
streets necessary for cul-de-sac construction or construction necessary
to develop the required intersection geometries shall be apportioned
fifty (50) percent to the County and fifty (50) percent to the City.
All costs for all remaining parcels (20, 21, 23, 25, 26,27, 35 & 36)
shall be apportioned one hundred (100) percent to the City.
The right of way costs incurred as described herein shall include all
acquisition costs including, but not limited to, any and all damages occurring
to any person or persons, including private utilities, in relocating or
removing or adjusting main conduits or other structures located in or upon the
land taken and within the present right of way; or damage in procuring such
right of way, whether such damage is caused by the County or the City in the
performance of such contract with respect to the improvement of CSAH No. 3 as
shown on the plans for said Roadway Project.
Damages, as used in this section, pertains to acquisition costs allowed
by Minnesota Statute Chapter 117 and does not abrogate the meaning of the
language set forth elsewhere in this Agreement.
TheCounty.will periodically, as parcels are acquired, prepare and submit
to the City ltemized invoices shOWing right of way and acquisition costs.
incurred by the County. The City's share of said costs shall become due and
payable within forty five (45) days after receipt of said invoice.
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
The' estimated right of way expenses described herein are indicated in
said Exhibit "A" attached hereto.
VI
The County, at it~ sole cost and expense, has had a Phase 1 Environmental
Assessment conducted for the Project. In the event a Phase II Environmental
Study is required on any parcel within Hopkins it is hereby understood and
agreed that the City shall reimburse the County for fifty (50) percent of all
costs incurred by the County for the completion of a Phase II Environmental
Study.
VII
The City shall reimburse the County for its share in the construction
costs of the contract work for said Roadway Project. The total final contract
construction costs shall be apportioned as set forth in the Cost Participation
Summary as shown in said Exhibit "A". It is understood that the Engineer's
Estimate referred to on Page 1 of this Agreement is an estimate 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 or his designated representative
shall govern in computing the total final Contract construction cost for appor-
tioning the cost of said Roadway Project according to the provisions herein.
At the request ~f the City, the Roadway Project includes brick pavers and
concrete sidewalks with special scoring and surface treatments in locations
where the County would normally construct standard concrete walks. It is I
hereby understood and agreed that in these locations the County's
proportionate share of the quantities shall be further limited to no more than
the Contract unit price, as contained in the bid of the successful bidder, for
the "100 mm Concrete Walk" pay item. The City further agrees to be
responsible for all additional costs, i.e. the differences in the Contract
unit prices, to construct the brick pavers and the,special concrete walks in
'those 1 ocat ions where the County woul d normally construct standard concrete
' 'walks:
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VIII
In addition to payment of the City's proportionate share of the contract
construction costs, the City also agrees to reimburse the County for
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
engineering costs incurred by the County for said Roadway Project as follows:
A. A sum equal to eight (8) percent of the amount computed as the City's
share of the contract construction items for sanitary sewer and water
distribution system work. . Said amount is for construction engineering
services to be performed by the County. No payment for design of this
work is due the County as the design has been accomplished by the City
and its agent.
B. A sum equal to eighteen (I8) percent of the amount computed as the City's
share of the remainder of contract construction costs for the Roadway
Project; excluding sanitary sewer and water distribution system work.
Said amount is for both design engineering, construction engineering and
contract administration services provided by the County and its agent.
It is understood that said additional payments by the City are its
proportionate share of all engineering costs incurred by the County in
connection with the work performed under this Agreement for said Roadway
Project. Said engineering costs are estimated in Exhibit "A".
IX
It is hereby understood and agreed that all construction and engineering
costs associated with said Landscaping Project shall be borne one hundred
(100) percent by the City.
X
The County will supply the traffic signal cabinets, controllers and
control eqUipment (County Supplied Equipment) for the Project. Therefore, in
addition to the aforesaid proportionate shares of contract construction and
engineering costs the City also agrees to reimburse the County for its
proportionate share of the costs of the County Supplied Equipment. Said
. proportionate share of the County Supplied Equipment shall be equal to the
City's proportionate. share of the contract signal work. An estimate of the
.. City' sshare of County Suppl ied Equipment is incorporated into Exhibit "A".
.:It is further agreed that. said estimate of the costs of County. Suppl ied
Equipment is an estimate and that the actual quantities of equipment as
determined by the County Engineer or his designated representative shall
. govern in computing the total final apportionment of cost participation by the
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
City in the County Supplied Equipment.
The City of Hopkins shall supply, at no cost to the County, the
electronic cards for the EVP systems to be installed in the control cabinets.
The County will invoice the City separately for said County Supplied
Equipment. Payment shall be made to the County by the City for the full
amount due on said invoice within forty five (45) days of the invoice date.
XI
After an award by the County to the successful bidder on the Project, the
County shall invoice the City and the City shall deposit with the Hennepin
County Treasurer, ninety five (95) percent of the estimated City share in the
contract construction and engineering costs for the Roadway Project. 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. Said estimated City
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 his staff determines the need to
amend the contract with a supplemental agreement or change order which results
in an increase in the contract amount for the Roadway Project, the City hereby
agrees 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 City
share as documented in the supplemental agreement or change order.
The remainder of the City's share in the engineering cost and contract,
construction costs, including additional costs resulting from supplemental
agreements and change orders, will be due the County upon the completion of
the Roadway Project and submittal to the City of the County Engineers final
estimate for the Roadway Project.
Upon final payment to the Contractor by the County, any amount remalnlng
as a balance in the deposit account will be returned to the City; likewise,
any' amoun~ due the County from the City upon final payment by the County shall
be paid by the City as its final payment for the construction and engineering
costs of said Roadway Project within forty five (45) days of receipt of an
invoice from the County.
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
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.
XII
The County will prepare weekly progress reports for the Project as
provided in the specifications. Copies of these reports will be furnished to
the City upon request.
The City shall prepare weekly progress reports for the landscaping
Project and furnish a copy to the County upon request.
XIII
All records kept by the City and the County with respect to both the
Roadway Project and landscaping Project shall be subject to examination by the
representatives of each party hereto.
XIV
The County reserves the right not to issue any permits for a period of
five (5) years after completion of said Project for any service cuts in the
roadway surfacing of the County Highways included in this Project for any I
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.
XV
It is agreed that the City shall, at its own expense, remove and replace
all City owned Signs that are within the construction limits of this Roadway
Project. . Removal and replacement operations shall be coordinated with the
construction activities through the County's Project Engineer.
XVI
As a part of said Project, the County shall place the necessary signs and
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
the City, at its expense, shall provide the enforcement for the prohibition of
on-street parking on those portions of CSAH 3 and CSAH 61 constructed under
said Roadway 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 County Board of Commissioners
permitting said modification.
XVII
The City agrees that any City license required to perform electrical work
within the City 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.
XVIII
The City, at its sole cost and expense, shall perpetuate the existence of
adequate three wire, 120/240 volt, single phase, alternating current
electrical power connections to the traffic control signals and integral
street lights to be reconstructed at the intersections of CSAH 3 with 17th
Avenue and 11th Avenue. Further, the City shall provide the electrical energy
for the operation of the said traffic control signals and integral street
lights at no cost to the County.
XIX
The City shall not revise by addition or deletion, nor alter or adjust'
any component, part, sequence, or timing of the aforesaid traffic control
signals, 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.
XX
Upon completion of this Roadway Project, the County shall thereafter
maintain and repair said traffic control signal systems installed as part of
said Roadway Project, all at the sole cost and expense of the County. Said
maintenance shall include all components of the EVP Systems. Further, the
County, at its expense, shall maintain 110 volt power to the line side of the
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
fuse in the base of the signal poles for the integral street lights. The
City, at its expense, shall maintain the fuse, the luminaire and the wire to
the load side of the fuse in the base of the signal poles.
The EVP Systems provided for in this Agreement 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 City will provide the County Engineer or his duly
appointed representative a list of all such vehicles with emitter units.
(2) Malfunctions of the EVP Systems shall be reported to the County
immediately.
(3) In the event said EVP Systems or components are, in the oplnlon of the
County, being misused or the conditions set forth herein are violated,
and such misuse or violation continues after receipt by the City of
written notice thereof from the County, the County shall remove the EVP
System. Upon removal of the EVP System pursuant to this paragraph, the
field wiring, cabinet wiring, detector receivers, infrared detector heads
and 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.
XXI
Each party agrees that it will be responsible for its own acts and the
results thereof, to the extent authorized by law, and shall not be responsible
for the acts of the other party and the results thereof. The County and the
City's liability is 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.
XXII
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Agreement No. PW 20-01-97
CSAH 3; C.P, 9224
It is understood and agreed that upon completion of the Roadway Project,
all street lighting, pedestrian/bicycle paths, sidewalks, water distribution
system components, sanitary sewer construction, medians and islands with brick
pavers' and/or drain til e and i rri gat i on system components for 1 andscapi ng,
retaining walls (with the exception of those retaining walls within CSAH 3 right
of way), privacy fences and municipal street construction included in said
Roadway Project shall become the property of the City and all maintenance,
restoration, repair or replacement required thereafter shall be performed by the
City at no expense to the County.
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 City hereby agrees to be responsible for the removal of any snow that may
be placed on its sidewalks and/or pedestrian/bicycle paths as a result of the
County's snow removal operations on the County's roadways within the limits of
said Roadway Project.
It is further understood and'agreed that upon completion of the
Landscaping Project, all landscaping, lighting and streetscaping elements
included in said Landscaping Project shall become the property of the City and
all maintenance, restoration, repair or replacement required thereafter shall
be performed by the City at no expense to 'the County.
Maintenance of trees, shrubs and other plantings installed within the
County's right of way shall include pruning as necessary to ensure the
existence of adequate sight lines and distances.
XXIII
Upon completion of the Roadway 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 their associated lead pipes that are within or between the
outermost curblines of the County roadways and also those within the radius
" refurn 1 imits of intersecting municipal streets. ,All other components of the
'roadway storm sewer drainage system, constructed as a part of this Roadway
Project including but not limited to all trunk lines and grit chambers
regardless of their location within County right of way, shall become the
property of the City and all maintenance, restoration or repair required
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
thereafter shall be performed by the City at no cost to the County.
The City shall submit a schedule for grit chamber maintenance to the Nine
Mile Creek Watershed District prior to the discharge of any water into Nine
Mil e Creek.
All questions of maintenance responsibilities that may arise shall be
jOintly resolved by the City Engineer and the County's Operations Division
Engineer.
XXIV
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 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 aforedefined City owned improvement
constructed as a part of the Roadway Project and the Landscaping Project.
XXV
The City agrees that any contract let by the City or its agents for the
performance of the Landscaping Project on County State Aid Highway No.3 as
provided herein shall include clauses that will: (I) Require the Contractor
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 Contractor, its subcontractors, anyone directly or indirectly employed by
them, and/or anyone for whose acts and/or omissions they may be liable in the
performance of the work required by this Agreement, and against all loss by
reason of the failure of the City's contractor to perform fully, in any
respect, a 11 obl i gat ions under thi s Contract. (2) Requi re the Contractor to
be an independent contractor for the purposes of completing the work provided
for in this Agreement. (3) Require the Contractor to prOVide and maintain
insurance at all times during the term of its contract with the City in order
to protect itself and those listed above under the indemnification provisions.
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Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
Said insurance shall be provided in accordance with the following:
1. Commercial General Liability on an occurrence basis with contractual
liability and XCU (Explosion, Collapse, & Underground Property
Damage) coverages:
- General Aggregate
- Products--Completed Operations
Aggregate
- Personal and Advertising Injury
$1,000,000
$1,000,000
$1,000,000
2. Automobile Liability - Combined single limit
each occurrence coverage for bodily injury and
property damage covering owned, non-owned, and
hired automobiles
$1,000,000
3. Workers' Compensation and Employer's Liability:
A. Workers' Compensation
If the contractor is based outside
the State of Minnesota, coverage
must apply to Minnesota laws.
Statutory
B. Employer's Liability. Bodily injury by:
Accident - Each Accident
Disease - Policy Limit
Disease - Each Employee
$ 100,000
$ 500,000
$ 100,000
The above establishes minimum insurance requirements. It shall be the
sol e respons i bil i ty of the City's Contractor to determi ne the need for and to
procure additional insurance which ~may be needed in connection with this
Agreement. Copies of insurance policies shall be submitted to the County upon
wri tten request.
XXVI
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'.
Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
It is further agreed that any and all employees of the 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 Workers' 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 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 City, and that any and all claims that mayor might arise under the
Workers' 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.
XXVII
In order to coordinate the services of the County with the activities of
the City so as to accomplish the purposes of this Agreement, the Hennepin
County Engineer or his designated representative shall manage this Agreement
on behalf of the County and serve as liaison between the County and the City.
In order to coordinate the services of the City with the activities of
the County so as to accomplish the purposes of this Agreement, the City's
Director of Public Works or his designated representative shall manage this
Agreement on behalf of the City and serve as liaison between the City and the
County.
XXVIII
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
- 15 -
~
.
Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
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.
XXIX
The prOV1Slons 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.
- 16 -
~
Agreement No. PW 20-01-97
CSAH 3; C.P. 9224
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:
Deputy/Clerk of the County Board
Date:
By:
Chair of its County Board
Date:
Date:
By:
And:
Assistant/County Administrator
Date:
And:
Director, Department of Public Works
and County Engineer
Date:
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
RECOMMENDED FOR APPROVAL:
By:
Transportation Division Engineer
Date:
Date:
- 17 -
~
SUMMARY OF COSTS FOR AGREEMENT (A)
CSAH 3; HENNEPIN COUNTY PROJECT NO. 9224
IfP~.'%3WJtt(*i!f0\1ii%fWJ4%ffiR:1'*hlk*1Jt.ii: t'4iillt:%ff.t1t+J%t0i%\ *V;:;?,;W'''''''JliW*~'''':!&' ~%W:**Wtt.%I%lli' ,li]W\WX;Hl;NME!r!NEtI
;%l*W.~~\'t1t vJl ,~~ 'i% ''''::>:Rw",>i:< ':'<:::::IW"':::>%~l5~':r""',,,'~" _-t it%::::
,.;,l_lli~,': )~'$}1I1kii!1l1t1&1\'*;{$i'fi~t~t.;;;)t M,'vTIfQfA'~0~M' "'-""''''FF "ekn" "WJ ih~ll';ji>{ ,,@l,. RA }N Jf}kt4~t: otJ,a:tt\tmJ0~
i:.;f{0.?;~ '.,' 'A1:WiW ::1%:4t:H' .,: '. 0k
'.,h'h^'" ^' '
CSAH 3 $2 666.480.28 $353.264.70 $13,043.96 $2,300,171.62
CSAH 61 380.388.13 2,649.37 16.504.03 361.234.73
STORM SEWER f------------ -------------..,.
--TRUNKL~ES---------------- - -- 244~360.8i f- _ _ _ _ _ Z.8)lJZ.11 = = =1~~,Q7:=SjJ9 ________2~,14]Jj
--CS-iLEADS----------------- ---41f130,61 144.879.06 62.686.25 207,565.31
11TH AVENUE 208.279.75 208.279.75
CITY OF HOPKINS SEWER
AND WATERMAIN IMPROVEMENTS IS) 72.685.10 72.685.10
NON STATE AID ELIGIBLE
CONSTRUCTION ITEMS 103,207.48 81,377.48 21,830.00
SUBTOTAL
CONTRACT CONSTRUCTION $4,090.532.22 $941.973.19 $246,140.24 $2.902,418.79
ENGINEERING ---------- --------------
--10%-DE~GN---------------- ---------- @C==~6:@Hl ===g~yjJl --------------
- - 8% CONTRACT ADMINIsTRATiOi-r - -- 75.357.86 19.691.22
..
COUNTY SUPPLIED
SIGNAL EQUIPMENT 36.000.00 12.000.00 24.000.00
RIGHT OF WAY
--VVITR~HOPK~S-------------- ---------- ----------- --------- --------------
-----10~kaTYPARCELS--------- ====X@.QQ: =====):~OQ.9Q --------- --------------
---------
-----PARCELSSPLIT50ffiO-------- _ _ _1I1...5.9Q.QQ. ____n5-'IS.Q..QQ --------- =======)~~,r@:09
=====p~~~((~=============== _ _ _ _ll? ...6,M.QQ. _____!!5-'~~..QQ --------- ___u____~.QQ.O'-O.Q
==J[1!8~=~~@(Tp=~~=========== ===~~:S:@QQ: ----------- ====I~C= =======CcI=====
-----------
--------------------------- ---------- ----------- --------- --------------
--------------------------- ---------- ----------- --------- --------------
--------------------------- ---------- ----------- --------- --------------
--------------------------- ---------- ----------- --------- --------------
NOTES:
(A) ~ SEE A IT ACHED DETAILED ENGINEER'S ESTIMATE FOR QUANTITY BREAKDOWNS.
(8) SEWER AND WATERMAIN IMPROVEMENTS WERE DESIGNED BY THE CITY OF HOPKINS, AND THEREFORE
DESIGN ENGINEERING COSTS HAVE NOT BEEN CHARGED FOR THIS WORK.
(C) PROPORTIONATE SHARES NOT DETERMINED AT THE TIME
THIS ESTIMATE WAS PREPARED.
~
6/12/97
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Hennepi n Countv J\g'('e:emen"t No.
Exhib1t "Au; " Sheet 4 of 8 "
2~~97
VESELY, MILLER & STEINER, P.A.
PROFESSIONAL ASSOCIA nON
ATIORNEYS AT LAW
JERRE A. MILLER
JEREMY S. STEINER'
WYNN CURTISS
400 NORWEST BANK BUILDING
10 11 FIRST STREET SOUTH
HOPKINS, MINNESOTA 55343
JOSEPH C. VESELY (1905-1989)
~ Real Properly Law Spe(:]alist, certified
by the Minnesola 5tate Bar Assoeiatlon
612-938-7635
FAX 612-938-7670
June 2, 1997
Steven Stadler
Public Works Director
1010 First Street South
Hopkins, MN 55343
Re: County Cooperative Agreement
Metro Council Cooperative Agreement
Dear Steve:
At your request, I have reviewed the Cooperative Agreement with Hennepin County on Excelsior
Boulevard and the CooperativeAgreement with Metro Council on Lift Number 5.
Regarding the County Agreement, I have restricted my comments to Paragraph XXIII which is an
indemnity paragraph. In that paragraph, the City agrees to indemnifY and hold the County harmless
for direct and indirect acts on the part of the City and its representatives involving ownership,
maintenance, existence, restoration, repair or replacement of the improvement or its parts and I have
no problem with this language.
Paragraph XXIV also requires the City to obtain a comparable indemnity and hold harmless
agreement from any contractor the City may retain for its negligence which makes good sense on
the part of the City to do so.
Regarding the Metro Council Agreement, Paragraph 14 contains very similar language concerning
indemnity and hold harmless requirements on the part of the City to Metro Council which I find
acceptable.
Should you desire anything further, let me know.
JAM/jw
c:\file\hopkins\stadler
1