Loading...
HomeMy WebLinkAbout2724c��, City of Edina, Minnesota o e tA ENGINEERING DEPARTMENT CID may° 4801 West 50th Street, Edina, Minnesota 55424 (612) 826 -0371 - �WRPS)YA.t4i Ise. TRANSMITTA TO: Hennepin County Transportation Dept DATE: 9 -May -11 1600 Prairie Drive Medina, MN 55340 -5421 PROJ.: York Avenue Bridges ATTN: Ms. Carolyn Fackler, PE - Permits Engineer PROJ. NO.: 4 --- ITEM(S): NO. COPIES DESCRIPTION 2 Original agreements for York Ave Bridges 1 Resolution approving agreements PURPOSE: ❑ As you requested ❑ For your information 0 For your approval El Review and return El Reply to sender ❑ Other (see remarks) REMARKS: Carolyn, Please forward a copy of the executed agreement for our files. Also, please let John Keprios know what his next step is for applying the mosaics to the bridge. Thanks C: John Keprios - City of Edina Jesse Struve - City of Edina master copy in g:loutsideltransmittal formAs FROM: ' Wayne D. Houle, PE Director of Public Works / City Engineer TELE: 952 - 826 -0443 email: whoule @ci.edina.mn.us A, RESOLUTION NO. 2011 -56 �°, e o APPROVING AGREEMENT FOR OWNERSHIP, INSPECTION, �� ay AND MAINTENANCE FOR NoR� P9' THE YORK AVENUE BRIDGES City of Edina WHEREAS, The City of Edina constructed two bridges on York Avenue in 2009; and WHEREAS, Hennepin County is the road authority of York Avenue; and WHEREAS, The City of Edina had obtained a permit to construct the bridges within Hennepin County's right -of -way conditioned on entering into an agreement with Hennepin County as to the ownership, inspection, and maintenance for the bridges; and NOW, THEREFORE, BE IT RESOLVED, the City Council approves the Agreement for Ownership, Inspection, and Maintenance of the bridges. ADOPTED this 3 I day of May, 2011. Attest: Debra A. Mangen, City CI James B STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CLERK nd, Mayor I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina City Council at its Regular Meeting of May 3, 2011, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of 20 1/ hA//, I "Le u- 0 City Clerk City Hall 952- 927 -8861 4801 WEST 50TH STREET FAX 952 - 826 -0390 EDINA, MINNESOTA, 55424 -1394 www.CityofEdina.com TTY 952 - 826 -0379 Agreement No. PW 22 -11 -11 County State Aid Highway 31 City of Edina County of Hennepin AGREEMENT FOR OWNERSHIP, INSPECTION AND MAINTENANCE THIS AGREEMENT, Made and entered into this day of , 200_, 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 Edina, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City ". WITNESSETH: WHEREAS, in calendar year 2009 the City constructed two bridges on County State Aid Highway (CSAH) 31 (York Avenue) at the `Edina Promenade' to allow pedestrian and bicycle traffic to safely travel under CSAH 31; and WHEREAS, the above mentioned bridges are located between Parklawn Avenue and Hazelton Road, and are within the corporate limits of the City; and WHEREAS, the construction of the aforesaid CSAH 31 bridges was accomplished under City Project No. ENG 09 -5 hereinafter referred to as the "Project "; and WHEREAS, the existence of said bridges is considered mutually desirable; and WHEREAS, the City has stated an interest in affixing decorative tile mosaics on the above mentioned bridges; and WHEREAS, long term ownership, maintenance and liability issues are involved with the bridges and the parties desire to define and assign responsibilities for said issues as hereinafter set forth. NOW THEREFORE, IT IS HEREBY AGREED: It is understood and agreed by the parties hereto that all improvements included in the Project, including but not limited to the bridges, retaining walls and trail, is 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. The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, -1- W- Agreement No. PW 22 -11 -11 CSAH 31 volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the City, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance, existence, restoration, repair or replacement of the City owned improvements. The City's liability under this indemnification obligation shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. II In accordance with the policies of the Minnesota Department of Transportation, said CSAH 31 bridges have been defined as bridges and have been assigned Bridge No. 271366 and Bridge No. 27B67 respectively. Annual bridge inspections for Bridge No. 271366 and Bridge No. 271367, as required by Minnesota Statute and any other inspections for Bridge No. 271366 and Bridge No. 27B67 will be the responsibility of Hennepin County. Copies of the inspection reports for the CSAH 31 bridges will be provided to the City. III Any and all maintenance, restoration, repair or replacement of the CSAH 31 bridges (Bridge No. 271366 and Bridge No. 271367) required either on a routine basis or as a result of the aforesaid inspections shall be accomplished by the City or its agents at no expense to the County. The City agrees to accomplish any such maintenance, restoration, repair or replacement deemed necessary, appropriate, and reasonable by the County Engineer to adequately preserve the integrity of the CSAH 31 roadway and the safety of the traveling public. The City further agrees to accomplish any such maintenance, restoration, repair or replacement within a time period specified by the County Engineer, taking into account the nature and urgency of the required work. In the event a time period is not specified, the City shall have sixty days from the date of the County's notification to complete the required work. In the event the City fails to perform any such maintenance, restoration, repair or replacement within the applicable time period, as may be required by the County Engineer, the County at its sole option, may (1) close and /or otherwise restrict the use of the CSAH 31 bridges until such time that the City completes, to the satisfaction of the County Engineer or designated representative, any such maintenance, restoration, repair or replacement as required by the County, or (2) perform any such maintenance, restoration, repair or replacement and invoice the City for reimbursement of one hundred (100) percent of all costs incurred by the County in the completion of the work performed. IV It is understood and agreed by the parties hereto that the mosaics to be installed on the CSAH 31 bridges by the City are to be installed in those locations as shown in Exhibit "A" attached hereto -2- ".L� Agreement No. P W 22 -11 -11 CSAH 31 and by this referenced made a part hereof. The mosaics shall be installed in such a way as to not disrupt the effectiveness of the concrete surfacing in protecting the steel within, i.e. no doweling or permanent anchoring into the concrete is to be used. It is further understood and agreed by the parties hereto, that any and all maintenance, restoration, repair or replacement of the mosaics required either on a routine basis or as a result of inspections by the County shall be accomplished by the City or its agents at no expense to the County. The City agrees to accomplish any such maintenance, restoration, repair or replacement deemed necessary, appropriate, and reasonable by the County Engineer to- adequately preserve the integrity of the CSAH 31 bridges and the safety of the traveling public using the trails. The City further agrees to accomplish any such maintenance, restoration, repair or replacement within a time period specified by the County Engineer, taking into account the nature and urgency of the required work. In the event a time period is not specified, the City shall have sixty (60) days from the date of the County's notification to complete the required work. In the event the City fails to perform any such maintenance, restoration, repair or replacement, as may be required by the County Engineer, the County at its sole option, may (1) require the mosaics be removed, or (2) perform any such removals and invoice the City for reimbursement of one hundred (100) percent of all costs incurred by the County in the completion of the work performed. V Upon completion by the County of any work herein established as the responsibility of the City, the County will invoice the City for reimbursement of one hundred (100) percent of all costs incurred by the County in the completion of any such work. The City shall reimburse the County for the full amount due as stated on said invoice within forty five (45) days of the invoice date. All payments to the County must be postmarked by the date due or a late penalty of one (1) percent per month, or fraction thereof, on the unpaid balance will be charged to the City. The City shall pay the amount due as stated on the invoice, notwithstanding any dispute of such amount. Should a disputed amount be resolved in favor of the City, the County shall reimburse the disputed amount plus daily interest thereon calculated from the date such disputed amount was received by the County. Daily interest shall be at the rate of one (1 %) percent per month on the disputed amount. [ill 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. VII Each party agrees that it will be responsible for its own acts and the results thereof, to the extent authorized by the law, and shall not be responsible for the acts of the other party and the results thereof. The County's and the City's liability are governed by the provisions of Minnesota Statutes, Chapter -3- W — Agreement No. P W 22 -11 -11 CSAH 31 M 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. VIII 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 may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the 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 may or might arise under the Worker's Compensation Act or the Minnesota Economic Security Law on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. IX In order to coordinate the services of the City with the activities of the County so as to accomplish the purpose of this Agreement, the County Engineer or a designated representative shall manage this Agreement on behalf of the County and shall serve as liaison between the parties. In order to coordinate the services of the County with the activities of the City so as to accomplish the purpose of this Agreement, the City Engineer or a designated representative shall manage this Agreement on behalf of the City and shall serve as liaison between the parties. X 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 the parties hereto. - 4 - �rV„ Agreement No. P W 22 -11 -11 CSAH 31 M 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. XII The matters set forth in the "whereas" clauses at the beginning of this Agreement are incorporated into and made a part hereof by this reference. (this space intentionally left blank) -5- W`- Agreement No. PW 22 -11 -11 CSAH 31 IN TESTIMONY WHEREOF, The parties hereto have causegthis Agreement to be executed by their respective duly authorized officers as of the day and year first bove written. CITY OF EDIN (Seal) Mayor \ Date: Zt. Q6 I And: M r l Date: Y COUNTY OF HENNEPIN ATTEST: By: By: Deputy /Clerk of the County Board Chair of its County Board Date: Date: APPROVED AS TO FORM: By: A sis nt County Attorney Date: APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: And: Assistant/Deputy /County Administrator And: Assistant County Administrator, Public Works Date: RECOMMENDED FOR APPROVAL By: Director, Transportation Department and County Engineer Date: -6- W"- t . :Y E37 +�• v aTM:'y i k. �y• r '.r r ; s; v k� iiX u'°'�"'�N �� •. VSO � ?�y v iiX u'°'�"'�N �� •. VSO � ?�y