CR 93-72 Approval Of Agreement PW 13-01-93
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May ,~, 1993
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council Report: 93-72
APPROVAL OF AGREEMENT NO. PW13-01-93
WITH HENNEPIN COUNTY FOR THE UPGRADING OF RAILROAD CROSSINGS
ON COUNTY ROAD 3, EAST OF T.H. 169
Pro'{)osed Action.
Staff recommends the following action "Move to adopt Resolution 93-42
authorizing the Mayor and city Manaqer to enter into an aqreement with
Hennepin County for the upgrading of railroad crossinqs on County Road
3. east of T.H. 169".
Adoption of Resolution 93-42 and execution of the agreement
forth certain construction requirements, cost participation
and maintenance responsibilities for this railroad
improvement.
will set
amounts,
crossing
Overview.
The city of Hopkins has been attempting to get this railroad crossing
area improved for a number of years. Hennepin County and the City of
Hopkins along with the Soo Line Railroad Company and the Minnesota
Department of Transportation have been negotiating to bring about the
removal of three of the four existing at-grade crossings and replace
the surface material of the remaining at-grade crossing with rubber
type surfacing. The next step in this proj ect is to execute a
cooperative agreement with Hennepin County stipulating the
responsibilities of the project.
Primary Issues to consider.
o Is the project necessary?
o How will the project be funded?
o Why is an agreement needed?
Su'{)portinq Information.
o Analysis of Issues - all issues will be verbally addressed at the
Council meeting.
o Resolution 93-42
o Agreement
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L~ GUstafson,/~lic Works Director
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 93-42
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH HENNEPIN COUNTY FOR THE REMOVAL AND
UPGRADING OF RAILROAD CROSSINGS ON COUNTY ROAD 3, EAST OF T.H. 169
WHEREAS, Hennepin County and the city of Hopkins along with the Soo
Line Railroad Company and the Minnesota Department of
Transportation have been negotiating to bring about the
removal of three of the four existing at-grade crossings and
replace the surface material of the remaining at-grade
crossing with rubber type surfacing; and
WHEREAS, an upgrading proj ect such as the one proposed requires an
agreement between the governmental units involved
stipulating the cost participation, construction details,
and maintenance responsibility; and
WHEREAS, the City of Hopkins has determined that the upgrading of
this railroad crossing area would be in the best interest of
the city;
NOW THEREFORE BE IT RESOLVED that the City of Hopkins enter into an
agreement with Hennepin County for the following purposes,
to wit:
To remove three of the four existing at grade
crossings on County Road 3, just east of T.H.
replace the surface material of the remaining
crossing with rubber type surfacing.
railroad
169 and
at grade
BE IT FURTHER RESOLVED that the Mayor and City Manager be and hereby
are authorized to execute such agreement, and thereby assume
for and on behalf of the City all of the contractual
obligations contained therein.
Adopted by the city Council of the City of Hopkins this 4th day of
May, 1993. r~
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By. 11./[;;:1::> }-'l-/L
Nelson
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ATTEST:
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Agreement No. PW 13-01-93
County Operations Project No. 4300313
County State Aid Highway No. 3
City of Hopkins
County of Hennepin
CONSTRUCTION COOPERATIVE AGREEMENT
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, County State Aid Highway No.3 (Excelsior Boulevard), as now
established, crosses the tracks of the Soo Line Railroad Company, hereinafter
referred to as the "Company", by means of four at-grade highway-railroad
crossings between Trunk Highway 169 and Jackson Avenue South within the limits
of the City; and
WHEREAS, The County and the City along with the Company and the Minnesota
Department of Transportation, hereinafter referred to as the "State", have
been negotiating to bring about the removal of three of the four referenced
at-grade crossings and replace the surface material of the remaining at-grade
crossing with rubber type surfacing; and
WHEREAS, The above mentioned improvement of County State Aid Highway No.
3 shall be hereinafter identified as County Operations Project No. 4300313;
and
WHEREAS, The State has prepared a cooperative agreement between the
State, the County and the Company which provides for, among other things, cost
participation, project specifics, maintenance of traffic during construction,
permanent signing and marking, sidewalks and maintenance of the at-grade
crossing. An unexecuted copy of said agreement (State #70409) is attached
hereto (marked Attachment "A") and by this reference made a part hereof; and
WHEREAS, The City has expressed willingness to participate in that
portion of the "Local Agency" costs identified and estimated in Attachment
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Agreement No. PW 13-01-93
"A"; 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, Subd.
1 and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
I
All activities required to complete the project proposed herein shall be
in accordance with the executed aforereferenced State Agreement #70409 between
the State, the County and the Company. The City hereby agrees that it shall
be responsible to the County for those portions of the "Local Agency" costs,
duties, responsibilities and obligations, as set forth in said State Agreement
#70409, which are not expressly the responsibility of the County in accordance
with the provisions set forth herein.
II
The City shall reimburse the County for two-thirds (a.k.a. 66.67%) of the
total actual Illocal Agencyll costs invoiced the County by the Company in
accordance with Attachment "All. The City's estimated share is $27,786.30
however it is agreed and understood that said amount is an estimate and that
the actual costs invoiced the County by the Company in accordance with the
provisions of State Agreement #70409 shall govern in computing the total final
amount of City reimbursement to the County.
III
:'j
The County, upon receipt of an invoice from the Company, will promptly
invoice the City for its proportionate share (66.67%) of the "Local Agency"
cost. The City shall remit payment in full for the amount invoiced to the
County within thirty (30) days after submittal to the City.
IV
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.
Additionally all books, records, documents and accounting procedures and
practices of the City relevant to this agreement shall be subject to
examination by the State, the Legislative Auditor and the State Auditor in
accordance with Minnesota Statute Section 168.06, Subdivision 4.
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Agreement No. PW 13-01-93
V
The County, at its sole cost and expense, shall be responsible for work
zone traffic control, detour signing, permanent signing, pavement markings and
roadway surfacing adjustments as set forth in Sections 7, 8 and 9 of State
Agreement #70409.
VI
Detouring of traffic will be necessary during the construction. The
detour routes shall be mutually agreed upon by the County and the City.
The County does not agree to become responsible for any damage caused by
increased traffic on City streets not marked as an official detour or
alternate route.
VII
The City, at its sole cost and expense, shall be responsible for
installing sidewalks, as may be needed, up to the end of the ties as set forth
in Section 9 of State Agreement #70409.
VIII
It is understood and agreed that upon completion of the improvement
proposed herein, all sidewalk included in said improvement shall become the
property of the City and all maintenance, restoration, repair or replacement
required thereafter shall be performed by the City at its own expense.
It is further understood that neither the County, its commissioners,
officers, agents or employees, either in their individual or official
capacity, shall be responsible or liable in any manner to the City for any
claim, demand, judgements, fines, penalties, expenses, action or cause of
action of any kind or character arising out of or by reason of negligent
performance of the hereinbefore described sidewalk maintenance, existence,
restoration, repair or replacement by the City, or arising out of the
negligence of any contractor under any contract let by the City for the
performance of said work; and the City agrees to defend, save and keep said
County, its officers, agents and employees harmless from all claims, demands,
judgements, fines, penalties, expenses, actions or causes of action and
expenses (including, without limitation, reasonable attorney's fees, witness
fees, and disbursements incurred in the defense thereof) arising out of
negligent performance by the City, its officers, agents or employees.
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Agreement No. PW 13-01-93
IX
It is further agreed that each party to this agreement shall not be
responsible or liable to the other or to any other person whomsoever for any
claims, damages, demands, judgements, fines, penalties, expenses, actions, or
causes of actions of any kind or character arising out of or by reason of the
negligent performance of any work or part hereof by the other as provided
herein; and each party further agrees to defend at its sole cost and expense
any action or proceeding commenced for the purpose of asserting any claim of
whatsoever character arising in connection with or by virtue of performance of
its own work as provided herein.
X
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 Worker's Compensation Act or the Unemployment
Compensation Act of the State of Minnesota on behalf of said employees while
so engaged and any and all claims made by any third parties as a consequence
of any act or omission on the part of said employees while so engaged on any
of the work or services provided to be rendered herein shall in no way be the
obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged
by the County in the performance of any work or services required or provided
for herein to be performed by the County shall not be considered employees of
the City, and that any and all claims that mayor might arise under the
Worker's Compensation Act or the Unemployment Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims
made by any third parties as a consequence of any act or omission on the part
of said employees while so engaged on any of the work or services provided to
be rendered herein shall in no way be the obligation or responsibility of the
City.
XI
The prOV1Slons of M. S. 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.
XII
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Agreement No. PW 13-01-93
Should the County of Hennepin~ the State of Minnesota and the Soo Line
Railroad Company fail to enter into the construction cooperative agreement
represented in Attachment of this agreement, then in that event, this
agreement between the County and the City shall be null and void.
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Agreement No. PW 13-01-93
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.
(Seal)
Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
ATTEST:
~: ~:
Deputy/Clerk of the County Board Chair of its County Board
Date:
Date:
And:
Associate County Administrator
and County Engineer
Date:
Date: t{" 1../ '- "I J
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
Date:
RECOMMENDED FOR APPROVAL
By:
Director, Department of Public Works
Date:
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