IV.9. Authorize the Mayor and City Manager to Sign 2nd Amendment to Cooperative Agreement between City of Hopkins and Minnehaha Creek Watershed District - Cotageville Park Stormwater Management and Park ImprovementsG4TY C)p
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October 1, 2014
Council Report 2014-114
Approve 2nd Amendment to Cooperative Agreement between City of Hopkins and Minnehaha Creek
Watershed District — Cottageville Park Stormwater Management and Park Improvements
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize the Mayor and City
Manager to sign the 2nd amendment to the Cooperative Agreement between the City of Hopkins and
Minnehaha Creek Watershed District for Cottageville Park Stormwater Management and Park
Improvements.
Overview.
In 2010, the City approved the Cooperative Agreement with the MCWD which described a collaborative
effort to achieve the goals of expanding and enhancing Cottageville Park by creating open green spaces
with connectivity to Minnehaha Creek. In April 2014 a 15t Amendment was approved, following the
watershed districts receipt of a $483,000 State grant, which allowed the MCWD to be the lead agency for
preparing construction plans. The project was bid in July and subsequently two bids were received and
rejected as they were too high and not within the project budget. A revised project design is being
prepared for re -bidding in the December/January timeframe. The 2nd amendment is required as two
improvement areas are being added to the project scope. These are the duplex site and the existing
alley ROW. The duplex site will be final graded & planted to match, -up with the adjacent improvements.
The existing alley will be designed for the new street section that is proposed. It is not certain that the
alley improvements will be constructed next year as part of the Cottageville Park improvements as we
don't yet know the PPL construction schedule. The City Attorneys' office has reviewed and approved the
proposed amendment.
Primary Issues to Consider.
a Description of revisions included in the 2nd amendment
0 Project schedule & funding
Supporting Information
0 Proposed Lease Amendment No. 2
Steven J. Stadler
Public Works Director
Council Report 2014-114
Page 2
Analysis of Issues
Description of revisions included in the 2nd Amendment
431/433 Blake Road duplex parcel added to project scope
Alley improvements included in project design
Project schedule & funding
Updated Schedule
- Oct/Nov 2014: Design revisions
- Dec 2: Hopkins City Council approves final design
- Dec 11: MCWD Board approves final design/authorize bidding
- Jan 6, 2015: Contractor technical proposals due
- Jan 13, 2015: Bid opening date
- Jan 13: Hopkins City Council Worksession — staff reports bid results
- Jan 22, 2015: MCWD Board Awards contract
- May — October, 2015: Construction
Estimated Phase I project cost: $1.84 M (includes design & construction)
Duplex purchase & demo cost- $400,000
Funding breakdown:
State Grant funds-,...........
$442,000
City Storm Sewer Funds: $1,500,000
City Park Imprvt Funds:...
$208,000
Henn Cty grant:
$15,000
Shepherd of the Hills:
$12,050
Water/Sewer Utility Funds:
$63,00
TOTAL .......... ....... ....... _$2,240,050
Park Improvement Fund for play equipment = $250,000
SECOND AMENDMENT to
COOPERATIVE AGREEMENT
Minnehaha Creek Watershed District and City of Hopkins
Cottageville Park Stormwater Management and Park Improvement Project
This Second Amendment ("Amendment") to the Cooperative Agreement
("Agreement") is made between the Minnehaha Creek Watershed District (MCWD),
a watershed district and political subdivision with powers at Minnesota Statutes
Chapters 10313 and 103D, and the City of Hopkins ("Hopkins"),a home rule charter
city of the State of Minnesota (together, the "parties").
Recitals and Statement of Putpose
WHEREAS on September 10, 2010, the parties entered into a cooperative agreement
to advance social, economic and environmental goals within the Minnehaha Creek
corridor, and on April 10, 2014 the parties amended that agreement (together, the
"Agreement");
WHEREAS the Agreement stated toles and responsibilities for water quality,
riparian and community recreational improvements within the area described;
WHEREAS pursuant to, the Agreement, the MCWD designed the improvements and
solicited bids for their construction, but on the basis of bids received the parties
determined to postpone a bid award in order to review project design, consider value
engineering modifications, and extend the improvements to two areas adjacent to
Cottageville Park that at the time of the Agreement were not yet under Hopkins
control or otherwise were not ready to site the improvements;
WHEREAS one of these areas, a private residential duplex, now has been acquired
by Hopkins, which will perform demolition of the structure and prepare the site, and
the other, a public alley right-of-way owned by Hopkins, now is suitable in Hopkins'
determination for incorporation into the improvements;
THEREFORE the parties agree that this Amendment is made for mutual valuable
consideration and is legally binding on each party pursuant to the terms herein.
Teims ofAmendment
A. Paragraph 20 of the Agreement is revised to read as follows:
20. The MCWD's design and construction of the Water Resource
Improvements will encompass that part of Cottageville Park identified as
"Phase I - Hopkins Land," as well as those areas labeled as "Out Parcel" and
"Alley," on the Design and Construction Phasing Plan attached hereto as
Exhibit C and incorporated herein (together, the "Cottageville Elements").
The MCWD's design will include a part of the Facilities, as well as grading,
surface treatment and landscaping, and will conform to Exhibit B. The
MCWD must secure Hopkins' approval of the 90 percent plans and
specifications for the Cottageville Elements, consisting of grading plans, site
trail layout and details /cross-sections, which Hopkins will not delay or
unreasonably withhold. Hopkins will timely process any MCWD permit
needed for the Cottageville Elements, without permit review costs, fee or
financial assurance, and will timely communicate any local requirements
regarding traffic, disturbance or occupation of public ways, and any other
matters. Hopkins will allow for ingress/egress and occupation of Cottageville
Park as necessary or convenient for construction. MCWD contracts for
design and construction of the Cottageville Elements will state that warranties
tun to both the MCWD and Hopkins.
B. Paragraph 20d of the Agreement is revised to read as follows:
20d. Hopkins intends to undertake recreational, park or other improvements
to Cottageville Park, including refinements to the area encompassed by the
Cottageville Elements, at its discretion and sole cost. Any such
improvements will be consistent with Exhibit B.
C. Except as specifically amended hereby, the Agreement and all terms therein
remain in full force and effect.
Intending to be bound,
MINNEHAHA CREEK WATERSHED DISTRICT
Sherry Davis White, President
approved for For in and Execution:
MCV*7D Counsel
CITY of HOPKINS
Eugene Maxwell, Mayor
Michael Mornson, City Manager
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