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IV.3. Resolution Approving Agency Cooperative Construction Agreement Between City of Hopkins and Minnesota Department of Transportation CITY OF HOPKINS City Council Report 2024-030 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Eric Klingbeil, City Engineer Date: March 19, 2024 Subject: Approve Agency Cooperative Construction Agreement Between City of Hopkins and Minnesota Department of Transportation _____________________________________________________________________ RECOMMENDED ACTION MOTION TO Adopt Resolution 2024-024, Approving Agency Agreement No. 1054683 between Minnesota Department of Transportation and City of Hopkins for Federal Participation in Construction. OVERVIEW This summer MNDOT will be making improvements to the intersection of TH 169 and Excelsior Boulevard; the scope of the project includes reconstructing the on/off ramps, , traffic signal improvements, and improvements for compliance with the Americans with Disabilities Act (ADA). As part of the project, portions of the City sidewalk will be reconstructed and the signals systems will be modernized, which Hopkins has a controlling portion of, and per State policy Hopkins is responsible for the cost which is estimated at approximately $14,944.07. This amount was tabulated by the State, however the tabulation is not public data and therefore not included with this item, it can be provided to the City Council upon request. Funding for this work is proposed to be provided through the Pedestrian and Bicycle Access Improvements category in the CIP and unincumbered PI/PIR funds. This agreement has been reviewed by the City Attorney and City Engineer; staff finds the terms and conditions acceptable. This is a multi-agency agreement and any changes made to the document by others will not affect Hopkins. Staff recommends approval of Resolution 2024-024, authorizing the City to enter the agreement. SUPPORTING INFORMATION MnDOT Agreement no. 1054683 Resolution 2024-024 Engineering CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2024-024 RESOLUTION APPROVING AGENCY CONTRACT NO. 1054683 BETWEEN MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF HOPKINS WHEREAS, The Minnesota Department of Transportation wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services to all levels of government; and WHEREAS,MnDOT and local governments are authorized by Minnesota Statutes section 471.59, 174.02, and 161.20 to undertake collaborative efforts for the design, construction, maintenance, and operations of state and local roads; and WHEREAS, MnDOT, Hennepin County, and the City of Hopkins all have interest in improvements of their respective facilities at the intersection of TH169 and Excelsior Boulevard, and have determined that a cooperative project is in the best interest of all parties. NOW THEREFORE BE IT RESOLVED, that the City of Hopkins enter into MnDOT Agreement No. 1054683 with the State of Minnesota to provide for payment by the City of Hopkins to the State of Minnesota for the City of Hopkins share of the costs of the sidewalk construction, signal system modifications, and to provide for the maintenance by the City of Hopkins of the sidewalk, traffic control system, and other associated construction to be performed upon, along, and adjacent to TH169 and Excelsior Boulevard as part of State Project 2772-127. BE IT FURTHER RESOLVED, The Mayor and City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in “Minnesota Department of Transportation Agency Contract No. 1054683”, a copy of which said agreement was before the City Council and which is made a part hereof by reference. Adopted by the City Council of the City of Hopkins this 19th day of March, 2024. By:___________________________ Patrick Hanlon, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk CERTIFICATION I, Amy Domeier, certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Hopkins at an authorized meeting held on the 19th day of March, 2024, as shown by the minutes of the meeting in my possession. ____________________________________ Amy Domeier, City Clerk The foregoing instrument was acknowledged before me this ___ day of ________________, 2024, by Amy Domeier, the city clerk of the City of Hopkins, a Minnesota municipal corporation. __________________________________ Notary Public MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -1- Three-Party City-County Receivable Standard with Signal STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF HOPKINS AND HENNEPIN COUNTY COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (SP): 2772-127 Trunk Highway Number (TH): 169=035 State Project Number (SP): 2772-127(EP) State Aid Project Number (SAP): 027-603-078 County Project Number: CP 2183519 Federal Project Number: NHPP 0169(357) Signal System A ID: 5604752 Signal System B ID: 5604751 City Estimated Amount Receivable $145,944.07 County Estimated Amount Receivable $520,583.60 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation (State), the City of Hopkins, acting through its City Council (City), and Hennepin County, acting through its Board of Commissioners (County). Recitals 1. The State will perform grading, concrete pavement, ADA improvements, signals construction, and other associated construction upon, along, and adjacent to County State Aid Highway (CSAH) 3 (Excelsior Boulevard) from 525 feet west of Trunk Highway 169 to 1,025 feet east of Trunk Highway 169 according to State-prepared plans, specifications, and special provisions designated by the State as State Project 2772-127 (TH 169=035) (Project); and 2. The City has requested the State include in its Project signal system construction; and 3. The City wishes to participate in the costs of the signal system construction and associated construction engineering; and 4. The County has requested the State include in its Project signal system construction; and 5. The County wishes to participate in the costs of the signal system construction and associated construction engineering; and 6. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -2- Three-Party City-County Receivable Standard with Signal 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by the City; 4. Maintenance by the County; 12. Liability; Worker Compensation Claims; 14. State Audits; 15. Government Data Practices; 17. Governing Law; Jurisdiction; Venue; and 19. Force Majeure. The terms and conditions set forth in Article 5. Signal Systems and EVP Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by the State as State Project 2772-127 (TH 169=035) are on file in the office of the Commissioner of Transportation at Saint Paul, Minnesota, and incorporated into this Agreement by reference (Project Plans). 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer, in the office of the County Highway Engineer, and attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision, and Inspection of Construction A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Inspection by the City and the County. The City and County participation construction covered under this Agreement will be open to inspection by the City and the County. If the City or the County believes the City or County participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City or the County will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City or the County are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City and County participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. Subject to the approval provisions of this Section 2.3.A., the City and County agree that the State may make changes in the Project Plans and contract construction that are reasonably necessary to cause the contract construction to be in all things performed and completed in a satisfactory manner. Except in cases of emergency, to ensure safety, or to comply with environmental laws and regulations, the City or the County shall have the right to review and approve any material changes to Project Plans and specifications related to the City's or County's respective infrastructure or cost participation prior to the work being performed. The City or County shall respond to the State’s request for approval, which the City or County shall not unreasonably withhold, to authorize the issuance of any negotiated change orders or supplemental agreements within a reasonable time frame that accounts for Project construction deadlines. The City or County will be responsible for any delay claims from State’s Contractor due to the City's or County’s respective failure to provide such timely response. Deviations from the Project Plans for City-owned or County-owned facilities will be documented, and record MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -3- Three-Party City-County Receivable Standard with Signal drawing information will be provided to the City or the County upon completion of The Project. The City and County approval provisions set forth herein shall not otherwise alter or affect the State’s authority to direct and supervise the construction contract under Section 2.2.A. B. The City or the County may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the Project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 2.5. Permits A. The City or County will submit to the State's Utility Engineer an original permit application for all utilities owned by the City or County, respectively, to be constructed hereunder that are upon and within the Trunk Highway Right-of-Way. Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway Right-of-Way" (Form 2525). 2.6. Utility Adjustments. Adjustments to certain City or County-owned facilities, including but not limited to, valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The City or County will furnish the contractor with new units and/or parts for those in place City or County-owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3. Maintenance by the City Upon completion of the Project, the City will provide the following without cost or expense to the State: 3.1. Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross-street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. The State will maintain crosswalk markings on the Trunk Highway at ramps which intersect with City roads. 3.2. Bikeways/Shared Use Paths. Maintenance of any bikeways and shared use paths construction. Maintenance includes, but is not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, pavement replacement, vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the bikeways and shared use paths in a safe and usable condition. 3.3. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the owner of the storm sewer facilities. MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -4- Three-Party City-County Receivable Standard with Signal 4. Maintenance by the County Upon completion of the Project, the County will provide the following without cost or expense to the State: 4.1. Roadways. Maintenance of CSAH 3 (Excelsior Boulevard) revised/reconstructed as part of the Project. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing, seal coating, and any other maintenance activities according to accepted County maintenance practices. 4.2. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the owner of the storm sewer facilities. 5. Signal Systems and EVP Systems Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal Systems and EVP Systems on the TH 169 east ramps at CSAH 3/Excelsior Blvd. (Signal System A), on the TH 169 west ramps at CSAH 3/Excelsior Blvd. (Signal System B), and for the Interconnect on TH 169 from the CSAH 3/Excelsior Blvd east ramps to the CSAH 3/Excelsior Blvd west ramps. 5.1. City Responsibilities A. Power. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad(s) or pole(s) and will pay all monthly electrical service expenses necessary to operate the Signal Systems, EVP Systems, and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal Systems controller cabinet and service cabinet exteriors. iv. Clean the Signal Systems and luminaire mast arm extensions. v. Paint and maintain the cross-street pedestrian crosswalk markings. 5.2. State Responsibilities A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP Systems Operation. The EVP Systems will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -5- Three-Party City-County Receivable Standard with Signal responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP Systems must be reported to the State immediately. iv. In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP Systems will be determined by the State. 5.3. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 5.4. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms of any existing signal agreement(s) for the intersections of TH 169 at the CSAH 3/Excelsior Blvd. east ramps and TH 169 at the CSAH 3/Excelsior Blvd. west ramps. 6. Basis of City Cost 6.1. Schedule "I". The Preliminary Schedule "I" includes anticipated City participation construction items, State Furnished Materials lump sum amounts, and the construction engineering cost share covered under this Agreement and is based on engineer's estimated unit prices. 6.2. City Participation Construction. The City will participate in the following at the percentages indicated. The construction includes the City's proportionate share of item costs for Mobilization and Traffic Control. A. 20 Percent will be the City's rate of cost participation in all of the Signal System A construction. The construction includes, but is not limited to, those construction items tabulated on Sheet 3 of the Preliminary Schedule "I". 6.3. State Furnished Materials. The State will furnish two ATC Cabinet 350s, two Autoscope Systems with seven cameras, two PTZ cameras, two Fibers, and signal system materials procured under SP 2772-127(EP) (State Furnished Materials), according to the Project Plans, to operate the traffic control signal systems covered under this Agreement. The City's lump sum share for State Furnished Materials is $44,957.48. The City's cost share for State Furnished Materials will be added to the City's total construction cost share as shown in the Schedule "I." 6.4. Construction Engineering Costs. The City will pay a construction engineering charge equal to 6 percent of the total City participation construction covered under this Agreement. 6.5. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda and change orders that are necessary to complete the City participation construction covered under this Agreement, including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders, and associated construction engineering before the completion of the contract construction. 6.6. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -6- Three-Party City-County Receivable Standard with Signal 7. City Cost and Payment by the City 7.1. City Cost. $145,944.07 is the City's estimated share of the costs of the contract construction, State Furnished Materials, and the construction engineering cost share as shown in the Preliminary Schedule "I." The Preliminary Schedule "I" was prepared using anticipated construction items and estimated quantities and unit prices and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract construction items, quantities, and unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 7.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction engineering cost share, as shown in the Revised Schedule "I," after the following conditions have been met: A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I." B. The City's receipt of a written request from the State for the advancement of funds. 7.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the contract construction. 7.4. Final Payment by the City. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the City. The Final Schedule "I" will be based on final quantities and include all City participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the City participation construction exceeds the amount of funds advanced by the City, the City will pay the difference to the State without interest. If the final cost of the City participation construction is less than the amount of funds advanced by the City, the State will refund the difference to the City without interest. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 8. Basis of County Cost 8.1. Schedule "I". The Preliminary Schedule "I" includes anticipated County participation construction items, State Furnished Materials lump sum amounts, and the construction engineering cost share covered under this Agreement and is based on engineer's estimated unit prices. 8.2. County Participation Construction. The County will participate in the following at the percentages indicated. The construction includes the County's proportionate share of item costs for Mobilization and Traffic Control. A. 50 Percent will be the County's rate of cost participation in all of the Signal System B construction. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 2 of the Preliminary Schedule "I." B. 40 Percent will be the County's rate of cost participation in all of the Signal System A construction. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 3 of the Preliminary Schedule "I". 8.3. State Furnished Materials. The State will furnish a two ATC Cabinet 350s, two Autoscope Systems with 7 cameras, two PTZ cameras, two Fibers, and signal system materials procured under SP 2772-127(EP) (State MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -7- Three-Party City-County Receivable Standard with Signal Furnished Materials), according to the Project Plans, to operate the traffic control signal systems covered under this Agreement. The County's lump sum share for State Furnished Materials is $189,310.26. The County's cost share for State Furnished Materials will be added to the County's total construction cost share as shown in the Schedule "I." 8.4. Construction Engineering Costs. The County will pay a construction engineering charge equal to 6 percent of the total County participation construction covered under this Agreement. 8.5. Plan Changes, Additional Construction, Etc. The County will share in the costs of construction contract addenda and change orders that are necessary to complete the County participation construction covered under this Agreement, including any County requested additional work and plan changes. The State reserves the right to invoice the County for the cost of any additional County requested work and plan changes, construction contract addenda, change orders, and associated construction engineering before the completion of the contract construction. 8.6. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 9. County Cost and Payment by the County 9.1. County Cost. $520,583.60 is the County's estimated share of the costs of the contract construction, State Furnished Materials, and the construction engineering cost share as shown in the Preliminary Schedule "I." The Preliminary Schedule "I" was prepared using anticipated construction items and estimated quantities and unit prices and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract construction items, quantities, and unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 9.2. Conditions of Payment. The County will pay the State the County's total estimated construction and construction engineering cost share, as shown in the Revised Schedule "I," after the following conditions have been met: A. Execution of this Agreement and transmittal to the County, including a copy of the Revised Schedule "I." B. The County's receipt of a written request from the State for the advancement of funds. 9.3. Acceptance of the County's Cost and Completed Construction. The computation by the State of the amount due from the County will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the County as to the satisfactory completion of the contract construction. 9.4. Final Payment by the County. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the County. The Final Schedule "I" will be based on final quantities, and include all County participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the County participation construction exceeds the amount of funds advanced by the County, the County will pay the difference to the State without interest. If the final cost of the County participation construction is less than the amount of funds advanced by the County, the State will refund the difference to the County without interest. MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -8- Three-Party City-County Receivable Standard with Signal The State and the County waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 10. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 10.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, Saint Paul, MN 55155 Telephone: (651) 366-4634 Email: malaki.ruranika@state.mn.us 10.2. The City's Authorized Representative will be: Name, Title: Eric Klingbeil, City Engineer (or successor) Address: 1010 1st Street South, Hopkins, MN 55343 Telephone: (952) 548-6357 Email: eklingbeil@hopkinsmn.com 10.3. The County's Authorized Representative will be: Name, Title: Carla Stueve, County Highway Engineer (or successor) Address: 1600 Prairie Drive, Medina, MN 55340 Telephone: (612) 596-0356 Email: carla.stueve@hennepin.us 11. Assignment; Amendments; Waiver; Contract Complete 11.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. The foregoing does not prohibit the City or the County from contracting with a third-party to perform City or County maintenance responsibilities covered under this Agreement. 11.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 11.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the City, and the County. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 12. Liability; Worker Compensation Claims 12.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and the County. MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -9- Three-Party City-County Receivable Standard with Signal 12.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 12.3. The State's Project construction contract will include clauses that will: 1) Require the State's contractor to indemnify and hold the County, its commissioners, officers, agents, and employees harmless from any liability, claim, demand, judgments, expenses, action or cause of action of any kind or character arising out of any act or omission of the contractor, its officers, employees, agents or subcontractors; and 2) Require the State's contractor to name the County as an additional insured for the required liability insurance coverages, (except for Workers’ Compensation, Employers’ Liability, and Professional Errors & Omissions) with respect to operations covered under the construction contract. 13. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 14. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's and the County's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 15. Government Data Practices The City, County, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City and the County under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City, the County, or the State. 16. Telecommunications Certification By signing this Agreement, the City and the County certify that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, the City and the County will not use funding covered by this Agreement to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses “covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. The City and the County will include this certification as a flow down clause in any contract related to this Agreement. 17. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 18. Termination; Suspension 18.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 18.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City and the County. MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -10- Three-Party City-County Receivable Standard with Signal 18.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, and performance of work authorized through this Agreement. 19. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank.] MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -11- Three-Party City-County Receivable Standard with Signal HENNEPIN COUNTY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. ATTEST: By: (Deputy/Clerk of the County Board) Date: REVIEWED BY THE COUNTY ATTORNEY'S OFFICE: By: (Assistant County Attorney) Date: REVIEWED: By: (Sheri Selton) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. By: (Chair of its County Board) Date: And: (County Administrator) Date: And: (Assistant County Administrator, Public Works) Date: RECOMMENDED FOR APPROVAL By: (County Highway Engineer) Date: RECOMMENDED FOR APPROVAL By: (Department Director, Transportation Operations) Date: MnDOT Contract No.: 1054683 Hennepin County Contract No.: PW 15-40-24 -12- Three-Party City-County Receivable Standard with Signal CITY OF HOPKINS The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. PRELIMINARY SCHEDULE "I" Agreement 1054683 City of Hopkins and Hennepin County SP 2772-127 (TH 169=035), SP 2772-127(EP)Preliminary: February 15, 2024 SAP 027-603-078 County Project CP 2183519 Fed. Proj. NHPP 0169(357) Grading, concrete pavement, ADA improvements, and signals construction to start approximately ____ under State Contract No. ____ with ____ located on CSAH 3 from 525 feet west of TH 169 to 1,025 feet east of TH 169 CITY COST PARTICIPATION Signal System A Work Items (From Sheet 3)92,725.61 Signal System A State Furnished Materials (From Sheet 4)44,957.48 Subtotal $137,683.09 Construction Engineering (6%)8,260.99 (1)Total City Cost $145,944.07 (1) Amount of advance payment as described in Article 7 of the Agreement (estimated amount) COUNTY COST PARTICIPATION Signal System B Work Items (From Sheet 2)116,355.14 Signal System A Work Items (From Sheet 3)185,451.21 Signal System A State Furnished Materials (From Sheet 4)89,914.96 Signal System B State Furnished Materials (From Sheet 4)99,395.30 Subtotal $491,116.61 Construction Engineering (6%)29,467.00 (2)Total County Cost $520,583.60 (2) Amount of advance payment as described in Article 9 of the Agreement (estimated amount) Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 1 - 1054683; PW 15-40-24(1) 40.71% FEDERAL, 9.29 % STATE, 50% COUNTY (P) = PLAN QUANTITY ITEM SP 2772-127 AND SAP 027-603-078 UNIT QUANTITY UNIT PRICE COST NUMBER SIGNAL SYSTEM B WORK ITEM (1) 2011.601 CONSTRUCTION SURVEYING LUMP SUM 0.30 70,350.00 21,105.00 2011.601 AS BUILT LUMP SUM 0.30 5,815.94 1,744.78 2021.501 MOBILIZATION LUMP SUM 0.12 115,994.17 13,919.30 2104.502 REMOVE BOLLARDS EACH 9.00 138.74 1,248.66 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT 82.00 3.76 308.21 2104.504 REMOVE CONCRETE WALK SQ YD 412.00 1.57 645.93 2104.504 REMOVE CONCRETE PAVEMENT SQ YD 89.00 6.75 601.07 2211.507 AGGREGATE BASE (CV) CLASS 5 (P)CU YD 25.00 32.62 815.56 2521.518 4" CONCRETE WALK SQ FT 1,654.00 6.46 10,688.40 2521.602 DRILL AND GROUT REINF BAR (EPOXY COATED)EACH 16.00 14.39 230.27 2521.618 CONCRETE CURB RAMP WALK SQ FT 283.00 15.90 4,499.45 2531.618 TRUNCATED DOMES SQ FT 37.00 52.12 1,928.41 2563.601 TRAFFIC CONTROL LUMP SUM 0.12 70,350.00 8,442.00 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM B LUMP SUM 1.00 6,964.65 6,964.65 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM B SYSTEM 1.00 153,955.95 153,955.95 2573.502 STORM DRAIN INLET PROTECTION EACH 6.00 177.92 1,067.49 2582.503 4" DOTTED LINE PREFORM THERMO GROUND IN LIN FT 32.00 7.33 234.45 2582.518 CROSSWALK PREFORM THERMOPLASTIC ENHANCED SKID RESISTANCE SQ FT 285.00 15.13 4,310.70 TOTAL $232,710.27 (1)40.71% FEDERAL $94,736.35 9.29% STATE $21,618.78 50% COUNTY (STATE AID)$116,355.14 Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 2 - 1054683; PW 15-40-24(2) 32.57% FEDERAL, 7.43 % STATE, 40% COUNTY, 20% CITY (P) = PLAN QUANTITY ITEM SP 2772-127 AND SAP 027-603-078 UNIT QUANTITY UNIT PRICE COST NUMBER SIGNAL SYSTEM A WORK ITEM (2) 2011.601 CONSTRUCTION SURVEYING LUMP SUM 0.40 70,350.00 28,140.00 2011.601 AS BUILT LUMP SUM 0.40 5,815.94 2,326.37 2021.501 MOBILIZATION LUMP SUM 0.24 115,994.17 27,838.60 2104.502 REMOVE BOLLARDS EACH 4.00 138.74 554.96 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH)LIN FT 147.00 3.76 552.53 2104.503 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT 239.00 1.37 326.67 2104.503 REMOVE CURB AND GUTTER LIN FT 48.00 5.12 245.54 2104.504 REMOVE CONCRETE WALK SQ YD 417.00 1.57 653.77 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 382.00 5.30 2,023.21 2104.518 REMOVE BRICK SIDEWALK SQ FT 584.00 2.74 1,602.29 2106.507 SELECT GRANULAR EMBANKMENT (CV)(P)CU YD 127.00 18.08 2,296.15 2211.507 AGGREGATE BASE (CV) CLASS 5 (P)CU YD 50.00 32.62 1,631.12 2301.504 CONCRETE PAVEMENT 10.0"SQ YD 382.00 87.44 33,400.17 2301.602 DRILL AND GROUT DOWEL BAR (EPOXY COATED)EACH 26.00 29.01 754.37 2301.602 DRILL AND GROUT REINFORCEMENT BAR (EPOXY COATED)EACH 115.00 13.09 1,504.79 2302.503 FULL DEPTH REPAIR (TYPE CD-HV)LIN FT 112.00 93.22 10,441.07 2302.504 PAVEMENT REPLACEMENT (TYPE CX)SQ YD 120.00 134.49 16,138.69 2521.518 4" CONCRETE WALK SQ FT 1,995.00 6.46 12,891.99 2521.518 6" CONCRETE WALK SQ FT 288.00 10.11 2,911.77 2521.602 DRILL AND GROUT REINF BAR (EPOXY COATED)EACH 23.00 14.39 331.01 2521.618 CONCRETE CURB RAMP WALK SQ FT 1,694.00 15.90 26,933.08 2531.503 CONCRETE CURB AND GUTTER DESIGN B624 LIN FT 310.00 25.93 8,037.99 2531.618 TRUNCATED DOMES SQ FT 168.00 52.12 8,756.04 2563.601 TRAFFIC CONTROL LUMP SUM 0.24 70,350.00 16,884.00 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM A LUMP SUM 1.00 8,637.98 8,637.98 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM A SYSTEM 1.00 232,085.66 232,085.66 2573.502 STORM DRAIN INLET PROTECTION EACH 9.00 177.92 1,601.24 2582.503 4" DOTTED LINE PREFORM THERMO GROUND IN LIN FT 64.00 7.33 468.89 2582.518 CROSSWALK PREFORM THERMOPLASTIC ENHANCED SKID RESISTANCE SQ FT 903.00 15.13 13,658.10 TOTAL $463,628.03 (2)32.57% FEDERAL $151,003.65 7.43% STATE $34,447.56 40% COUNTY (STATE AID)$185,451.21 20% CITY $92,725.61 Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 3 - 1054683; PW 15-40-24 ITEM SP 2772-127 AND SAP 027-603-078 UNIT QUANTITY UNIT PRICE COST NUMBER STATE FURNISHED MATERIALS SIGNAL SYSTEM A ATC CABINET 350 EACH 1.00 56,880.44 56,880.44 AUTOSCOPE SYSTEM EACH 1.00 2,286.54 2,286.54 AUTOSCOPE CAMERA EACH 4.00 8,663.80 34,655.20 PTZ CAMERA EACH 1.00 9,867.84 9,867.84 FIBER EACH 1.00 1,245.38 1,245.38 SIGNAL SYSTEM A MATERIALS*EACH 1.00 119,852.00 119,852.00 TOTAL $224,787.40 40% STATE $89,914.96 20% CITY $44,957.48 40% COUNTY (STATE AID)$89,914.96 SIGNAL SYSTEM B ATC CABINET 350 EACH 1.00 56,880.44 56,880.44 AUTOSCOPE SYSTEM EACH 1.00 2,286.54 2,286.54 AUTOSCOPE CAMERA EACH 3.00 8,663.80 25,991.40 PTZ CAMERA EACH 1.00 9,867.84 9,867.84 FIBER EACH 1.00 1,245.38 1,245.38 SIGNAL SYSTEM B MATERIALS*EACH 1.00 102,519.00 102,519.00 TOTAL $198,790.60 50% STATE $99,395.30 50% COUNTY (STATE AID)$99,395.30 *Materials procured as part of SP 2772-127(EP) Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 4 - CITY OF HOPKINS RESOLUTION IT IS RESOLVED that the City of Hopkins enter into MnDOT Agreement No. 1054683 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the signal system construction and other associated construction to be performed upon, along, and adjacent to County State Aid Highway 3 from 525 feet west of Trunk Highway 169 to 1,025 feet east of Trunk Highway 169 within the corporate City limits under State Project 2772-127. IT IS FURTHER RESOLVED that the Mayor and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Hopkins at an authorized meeting held on the day of , 2024, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of , 2024 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) HENNEPIN COUNTY RESOLUTION IT IS RESOLVED that Hennepin County enter into MnDOT Agreement No. 1054683 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the County to the State of the County's share of the costs of the signal system construction and other associated construction to be performed upon, along, and adjacent to County State Aid Highway 3 from 525 feet west of Trunk Highway 169 to 1,025 feet east of Trunk Highway 169 under State Project 2772-127. IT IS FURTHER RESOLVED that the (Title) and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Board of Commissioners of Hennepin County at an authorized meeting held on the day of , 2024, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of , 2024 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title)