CR 06-119 Approve Construction Cooperative Agreement with Hennepin County & the City of Minnetonka for CSAH 73 BNSF Bridge Replacemetn Project
C\TY OF
-
HOPKINS
October 12, 2006
Council Report 2006-119
Approve Construction Cooperative Agreement with Hennepin County and the
City of Minnetonka for CSAH 73 BNSF Bridge Replacement Project
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize
the Mayor and City Manaqer to siqn Hennepin County Construction Cooperative
Aqreement # PW 48-15-06.
Overview.
This is an agreement setting conditions of city cost participation and maintenance
regarding the project to replace the CSAH 73 bridge over the Burlington Northern
and Sante Fe Railway Company trackage. The City of Hopkins has no
construction cost participation in this project. The agreement calls out that
Hopkins is responsible for enforcing the on-street parking prohibition on this
section of CSAH 73, and that we own the section of off-street bituminous trail
along the west edge of CSAH 73 that falls within Hopkins city limits. The City of
Minnetonka has agreed maintain this trail at no cost to Hopkins. Further, the City
of Hopkins agrees to provide at no cost any easements required for the project.
Construction will require the complete closure of CSAH 73 north of the
Minnehaha Creek bridge, i.e., just north of the Hopkins yard waste/brush site.
The closure is expected to be from April 2007 - November 2007.
Staff recommends approval.
Primary Issues to Consider.
. What are the specifics of the bridge replacement project.
Suoportinq Information.
. Project construction plan excerpts
. County Agreement # PW 48-15-06
Steven J. Stad er
Public Works Director
Council Report 2006-119
Page 2
Analysis of Issues
. Project specifics.
The project involves the replace"Dent of the bridge that carries CSAH 73
(Hopkins Crossroads) over the Burlington Northern Sante Fe railroad right-of-way
and trackage. The new bridge will include the current two lanes of traffic in each
direction but will also provide a 6-foot wide sidewalk on the east side and an 8-
foot wide trail on the west side of the bridge. During construction, traffic will be
closed to both directions for removal of the in-place bridge and construction of
the new bridge. The marked detour will be Minnetonka Boulevard, Hwy 169 and
Cedar Lake Road.
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REF POINT 11+00.00 TO REF POINT 16+37.00
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Agreement No. PW 48-15-06
County Project No. 0206
County State Aid Highway N 0.-73
City of Minnetonka
City of Hopkins
County of Hennepin
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, Made and entered into this day of
, 20_ 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 Minnetonka, a body politic and corporate under the laws of the State of Minnesota, and the
City of Hopkins, a body politic and corporate under the laws of the State of Minnesota, collectively
hereinafter referred to as the "Cities".
WITNESSETH:
WHEREAS, there now exists a public roadway of the County, known as County State Aid
Highway No. (CSAH) 73 (a.k.a. Hopkins Cross Road) which crosses over the right of way and
trackage of the Burlington Northern and Santa Fe Railway Company (BNSF) in the Cities of
Minnetonka and Hopkins by means of a grade separating bridge identified as Minnesota Department
of Transportation Bridge No. 27518; and
WHEREAS, the existing bridge is structurally and geometrically deficient and the County and
the Cities desire 'it be' demolished and a new bridge be constructed to meet the standards for future
roadway needs as well as existing and future rail traffic needs; and
WHEREAS, the County has developed plans and specifications for a new replacement bridge
identified as Bridge No. 27B32, hereinafter referred to as the "Project", with the intention of
commencing construction activities in calendar year 2007; and
WHEREAS, the County intends to accomplish the aforesaid bridge reconstruction via a State
Aid construct contract with a private contractor, which contractor is herein referred to as County's
contractor; and
WHEREAS, the County is willing to undertake the removal and replacement of the aforesaid
bridge as required to construct the Project with available State and Federal funds; and
WHEREAS, the Cities have indicated their willingness to contribute right of way and
participate in the maintenance costs of the Project as detailed herein; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes 2005, Section 162.17, Subdivision 1 and Section 471.59.
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Agreement No. PW 48-15-06
CSAH 73; C.P. 0206
NOW THEREFORE, IT IS HEREBY AGREED:
I
The County will advertise for bids for the work and construction of the Project, receive and
open bids pursuant to said advertisement and will enter into a contract with the successful bidder at
the unit prices specified in the bid of such bidder, according to law. The contract will include the
plans and specifications prepared by the County, which said plans and specifications are referenced
and identified as S.P. 27-673-08 and approved by the Minnesota Department of Transportation
(MnJDOT).
II
The County will administer the contract and inspect the construction of all the contract work
contemplated herewith. However, the Cities' Engineers shall have the right, as the work progresses,
to enter upon the job site to make any inspections deemed necessary and shall cooperate with the
County Engineer and staff at their request to the extent necessary, but will have no responsibility for
the supervision of the work.
The Cities agree that the County may make changes in the plans or in the character of said
contract construction which is reasonably necessary to cause said construction to be in all things
performed and completed in a satisfactory manner. It is further agreed by the Cities that the County
may enter into any change orders or supplemental agreements with the 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 Project.
III
The County or its agents will acquire all additional right of way, permits and/or easements
required for the construction of the Project.
The Cities agree to grant easements to the County over all lands or those lands that are
dedicated to the public or the Cities for the purposes of street and utilities and are part of the required
right of way and easements for the Project. Said easements shall be granted at no cost to the County.
IV
All records kept by the Cities and the County with respect to the Project shall be subject to
examination by the representatives of each party hereto.
V
The County reserves the right not to issue any permits for a period of five (5) years after
completion of the Project for any service cuts in the roadway surfacing of the County Highways
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Agreement No. PW 48-15-06
CSAH 73; C.P. 0206
included in said Project for any installation of underground utilities which would be considered as
new work; service cuts shall be allowed for the maintenance and repair of any existing underground
utilities.
VI
The Cities, at their expense, shall provide the enforcement for the prohibition of on-street
parking on those portions of CSAH 73 constructed under this Project recognizing the concurrent
jurisdiction of the Sheriff of Hennepin County.
Any modification of the above parking restrictions shall not be made without first obtaining a
resolution from the Hennepin County Board of Commissioners permitting said modification.
It is further agreed that the Cities shall, at their own expense, remove and replace city owned
signs that are within the construction limits of said Project if requested by the County's Project
Engineer.
VII
The Cities agree that any municipal license required to perform electrical work within the
respective 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.
VIII
It is understood and agreed that upon completion of any and all improvements proposed herein,
the bituminous trails constructed as part of the Project shall be the property of the city within which it
resides and all restoration, repair, replacement or other work or services required thereafter shall be
performed by the respective city at no expense to the County.
It is further understood and agreed that maintenance of the referenced bituminous trails shall be
performed by the City of Minnetonka at no expense to the City of Hopkins or the County.
All questions of maintenance responsibilities that may arise shall be jointly resolved by the
Cities' Engineers and the County's Operations Division Engineer.
IX
The City of Minnetonka agrees to defend, indemnify and hold harmless the County and the City
of Hopkins, its officials, officers, agents, volunteers and employees, from any liabilities, claims,
causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees,
resulting directly or indirectly from any act or omission of the City of Minnetonka, its contractors,
anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they
Inay be liable for related to the ownership, maintenance, existence, restoration, repair or replacement
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Agreement No. PW 48-15-06
CSAH 73; C.P. 0206
of the afore defined City of Minnetonka owned improvements constructed as part of said Project.
The City of Minnetonka's liability shall be governed by the provisions of Minnesota Statutes, Chapter
466 or other applicable law.
The City of Hopkins agrees to defend, indemnify and hold harmless the County and the City of
Minnetonka, its officials, officers, agents, volunteers and employees, from any liabilities, claims,
causes of action, judgments, damages, losses, costs or expenses, including, reasonable attorneys' fees,
resulting directly or indirectly from any act or omission of the City of Hopkins, its contractors, anyone
directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be
liable for related to the ownership, maintenance, existence, restoration, repair or replacement of the
afore defined City of Hopkins owned improvements constructed as part of said Project. The City of
Hopkins' liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other
applicable law.
The County agrees to defend, indemnify, and hold harmless the Cities, its officials, officers,
agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages,
losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from
any act or omission of the County, its contractors, anyone directly or indirectly employed by them,
and/or anyone for whose acts and/or omissions they may be liable related to the ownership,
maintenance, existence, restoration, repair or replacement of the afore defined County owned
improvements constructed as part of said Project. The County's liability shall be governed by the
provisions of Minnesota Statutes, Chapter 466 or other applicable law.
x
Each party agrees that it will be responsible for its own acts and the results thereof, to the
extent authorized by the law, and shall not be responsible for the acts of the other party and the results
thereof. The County's and the Cities' liability is governed by the provisions of Minnesota Statutes,
Chapter 466.
The County and the Cities each warrant that they are able to comply with the aforementioned
indemnity requirements through an insurance or self-insurance program.
XI
It is further agreed that any and all employees of the City of Minnetonka and all other persons
engaged by the City of Minnetonka in the performance of any work or services required or provided
for herein to be performed by the City of Minnetonka shall not be considered employees of the
County or the City of Hopkins, and that any and all claims that mayor might arise under the
Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on
behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged on any of the
work or services provided to be rendered herein shall in no way be the obligation or responsibility of
the County or the City of Hopkins.
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Agreement No. PW 48-15-06
CSAH 73; C.P. 0206
It is further agreed that any and all employees of the City of Hopkins and all other persons
engaged by the City of Hopkins in the performance of any work or services required or provided for
herein to be performed by the City of Hopkins shall not be considered employees of the County or the
City of Minnetonka, and that any and all claims that mayor might arise under the ~innesota
Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of
said employees while so engaged and any and all claims made by any third parties as a consequence
of any act or omission on the part of said employees while so engaged on any of the work or services
provided to be rendered herein shall in no way be the obligation or responsibility of the County or the
City of Minnetonka.
Also, any and all employees of the County and all other persons engaged by the County in the
performance of any work or services required or provided for herein to be performed by the County
shall not be considered employees of the Cities, and that any and all claims that mayor might arise
under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said employees while so engaged on
any of the work or services provided to be rendered herein shall in no way be the obligation or
responsibility of the Cities.
XII
In order to coordinate the services of the County with the activities of the Cities so as to
accomplish the purposes of this Agreement, the Hennepin County Engineer or designated
representative shall manage this Agreement on behalf of the County and serve as liaison between the
County and the Cities.
In order to coordinate the services of the City of Minnetonka with the activities of the County
and the City of Hopkins so as to accomplish the purposes of this Agreement, the City Engineer or
designated representative shall manage this Agreement on behalf of the City of Minnetonka and serve
as liaison between the City of Minnetonka, the City of Hopkins and the County.
In order to coordinate the services of the City of Hopkins with the activities of the County and
the City of Minnetonka so as to accomplish the purposes of this Agreement, the Director of Public
Works or designated representative shall manage this Agreement on behalf of the City of Hopkins
and serve as liaison between the City of Hopkins, the City of Minnetonka and the County.
XIII
It is understood and agreed that the entire Agreement between the parties is contained herein
and that this Agreement supersedes all oral agreements and negotiations between the parties relating
to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and
are deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing as an amendment to this Agreement signed by
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Agreement No. PW 48-15-06
CSAH 73; C.P. 0206
the parties hereto.
XIV
The provisions of Minnesota Statutes 181.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein.
(this space intentionally left blank)
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Agreement No. PW 48-15-06
CSAH 73; C.P. 0206
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF HOPKINS
(Seal)
By:
Mayor
Date:
And:
Manager
Date:
CITY OF MINNETONKA
(Seal)
By:
Mayor
Date:
And:
Manager
Date:
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Agreement No. PW 48-15-06
CSAH 73; C.P. 0206
ATTEST:
COUNTY OF HENNEPIN
By:
Deputy/Clerk of the County Board
Date:
APPROVED AS TO FORM:
By:
A
'~
Date:
nt County Attorney
q/d-f lOG
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
Date:
By:
Chair of its County Board
Date:
And:
Assistant/Deputy/County Administrator
Date:
And:
Assistant County Administrator, Public Works
Date:
RECOMMENDED FOR APPROVAL
By:
Director, Transportation Department
and County Engineer
Date:
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