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CR 93-199 Cooperative Agreement Nine Mile Creek ",' - ... ( '\ \ \ "I yo; :-m.i . November 10, 1993 : 1- co II Council Report No. 93-199 i 0 P I ~ , I K APPROVAL OF COOPERATIVE AGREEMENT WITH THE NINE MILE CREEK WATERSHED DISTRICT FOR PROJECT NUMBER 93-15 ProDosed Action: Staff recommends the following motion: "Move to adopt Resolution 93-131 authorizing the Mayor and city Manager to enter into an agreement with, the Nine Mile Creek Watershed District ' for,', the culvert improvements along Nine Mile Creek. Project 93-15." Adoption of Resolution 93-131 and execution of the agreement will set forth certain construction requirements, cost participation amounts, and maintenance responsibilities for this project. overview. The city of Hopkins has been attempting to get culvert and creek improvements made to Nine Mile Creek for the past year and one half. The Nine Mile Creek Watershed District has worked closely wi th the city during this time assisting the city in obtaining . the necessary approvals to construct the project. The next step in getting these improvements installed is to work out the final design with the Watershed District's engineer, and also to execute a cooperative agreement with the Nine Mile Creek Watershed District stipulating the responsibilities of the project. primary Issues to Consider o What are the conditions of the agreement? o What is the cost break down of the project? o Why is an agreement needed? o Has the city Attorney reviewed the agreement? supDorting Information o Analysis of Issues o Resolution 93-131 o Agreement Le~f~ Works Director . --- -:"')- . Council Report No. 93-199 Page 2 . Analysis of Issues 0 What are the conditions of the agreement? The conditions in the agreement are fairly straight forward and not out of the ordinary. The only issue that should be pointed out is that the city will not be reimbursed for the project until such time as the District has paid for other projects already committed to. Reimbursement should occur beginning in 1995 or 1996. 0 What is the cost break down of the project? The attached agreement has a project cost break down at the very end of the agreement. The costs are. split into two areas of responsibility; the city, and the Watershed District. The city's portion includes costs already paid by the city years ago, and also costs that will be paid by private property owners, municipal state aid, and the city's storm sewer fund. 0 Why is an agreement needed? Agreements such as the one proposed for this project are a standard procedure for the Watershed District. The - . agreement is necessary to stipulate the cost participation on the project, construction details, and future maintenance responsibilities. 0 Has the City Attorney reviewed the agreement? The city attorney has reviewed the agreement and found it to be acceptable for it's intended purpose. :. 'If" ~2 CITY OF HOPKINS . Hennepin county, Minnesota RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE NINE MILE CREEK WATERSHED DISTRICT FOR THE INSTALLATION OF CULVERT AND CREEK IMPROVEMENTS ALONG NINE MILE CREEK WHEREAS, the city of Hopkins has determined that it is necessary to install improvements along Nine Mile Creek; and, WHEREAS, the proposed improvements require. 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 installation of the improvements would be in the best interest of the city, NOW, THEREFORE, BE IT RESOLVED that the city of Hopkins enter into an agreement with Nine Mile Creek Watershed District for the following purposes, .to wit: . To install culvert and creek improvements along Nine Mile Creek wi thin the ci ty of Hopkins in accordance with the plans and specifications approved by the Nine Mile Creek Watershed District and the Hopkins city council, and in accordance wi th the terms and conditions set forth in the cooperative agreement between the. city and District, a copy of which was before the city council. 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, MINNESOTA, this 18th day of November, 1993. BY Charles Redepenning, Mayor ATTEST: ~ ~ Jim Genellie, city Clerk " ( . Ie AGREEMENT BETWEEN NINE Mll..E CREEK WATERSHED DISTRICT and CITY OF HOPKINS FOR CONSTRUCTION .OF BASIC' WATER :MANAGEMENT PROJECT This JOINT AND COOPERATIVE AGREEMENf for construction of the HOPKINS BASIC WATER MANAGEMENT PROmct, between the Nine Mile Creek Watershed District, a political subdivision of the State of Minnesota (the "District") and the City of Hopkins, a Minnesota municipal corporation ("Hopkins") is entere~ into this -.:.......... day of , 1993. FINDINGS 1. On April 20, 1993, the Hopkins City Council by resolution petitioned the District, pursuant to Minnesota Statutes, Sections 103D.605, and 103D.905, subd. 3 for culvert improvements to the existing surface water management system to handle stonn water discharges consistent with the District's 100 year flood elevations for Nine Mile Creek. Hopkins submitted . its petition for a priority basic water management project of the District eligible for financing in accordance with Section 103D.905, subd. 3. 2. The engineer for the District completed and flIed his report as required by Minnesota Statutes Section 103D.71l, which report, was received by the Managers at their July 21, 1993 meeting and transmitted to the Director of the Division of Waters of the Department of Natural Resources (the "Director") and to the Board of Water and Soil Resources (the "Board"). 3. Advisory reports were received from the Director on August 25, 1993 and the Board on August 23, 1993 as required by Minnesota Statutes, Sections 103D.605, subd. 3 and 103D.711, subd. 5. 4. On October 13, 1993, a public hearing was held by the District at the Hopkins City Hall following mailed and published notice. Following the hearing, the managers of the District issued their Findings, Conclusions, and Order to Establish Project dated October 20, 1993 (the "Order"). 5. The Project is required to protect public and private improvements and to reduce flooding problems in developed areas of Hopkins. . . 6. Hopkins and the District by entering into a Joint and Cooperative Agreement, pursuant to Minnesota Statutes, Section 471.59, will maximize the efficient use of public 2118016776 1112193 x< r..'--'I ( resources by utilizing the prior engineering work, and project plans. submitted by Hopkins in . support of its Project petition. The District engineers in. preparing their Report. have reviewed the plans and information supplied by Hopkins and its engineer. The parties will reduce public expenditures by assigning primary responsibility for. project construction and authorizing Hopkins' Engineer to complete the fmal plans and specifications, and assuming responsibility for bidding and supervising the. construction required to complete the Project In consideration of the mutual benefits, the parties agree as follows: 7. Plans and Specifications. Hopkins will be responsible for preparation of the fmal plans and specifications for the Project All plans and specifications, and any subsequent modifications, shall be submitted to the District Engineer for review and approval prior to the taking of bids and commencing construction. The plans and specifications must meet District flood plain and water management requirements based upon the District's calculated 100 year frequency flood elevation profile, in the affected Nine Mile Creek area. Prior to construction, the plans will be available. for public review and comment The fmal plans and specifications shall be approved by the City Council and the Managers. 8. Permits. Hopkins shall obtain all necessary permits for the. construction of .the Project improvements, however, when requested the District shall provide assistarice in obtaining approvals or permits required by the Department of Natural. Resources and other regulatory qi~un~~~ agencies. . 9. Bids and Contracts. Hopkins shall advertise for .bids for the construction of the Project improvements, receive and open bids pursuant to said advertisement, accept or reject any or all of the bids,. and enter into ~ contract with the lowest responsible bidder at the unit price specified in the bid of such bidder, all in accordance with the laws governing municipal bidding and construction and consistent with the requirements' of Watershed ..ActProvisions Section 103D.801 to .811. The contract will be in a form approved by Hopkins and the District, and will include only the plans and specifications approved by Hopkins and the District The bidder to whom the contract is awarded must provide insurance coverage satisfactory to the District and Hopkins, and a bond with ample security, conditioned by satisfactory completion of the contract Hopkins, following prior notice to and approval by the District. may. make changes in the approved plans and specifications or in the construction contract which are within the scope of the Project and are reasonably necessary to have the Project improvements function effectively or to cause the construction to be performed and completed on a timely basis. The estimated preliminary project cost including engineering and administration is $3,160,000. The estimated Hopkins share is $1,199.000 and the District share is $1,961,000. 10. Construction Supervision. Construction of Project improvements shall be supervised by Hopkins, which shall, through its employees and/or independent contractors, administer the contracts and inspect the construction of such improvements. The District Engineer may observe or review .the work in progress, and shall promptly notify the City in writing of any identified defects or deficiencies in construction. Representatives of the District . 211801677611/2/93 2 ^'" . __,_ .Om' . ' .~ (. shall have the right to enter upon the areas where the Project improvements are being constructed for the purpose of making reasonable tests and inspections. Hopkins shall secure insurance coverage for workman's compensation, comprehensive liability, property and personal injury, and such other insurance required for special hazards or circumstances expected or encountered in the course of the project The District and its employees shall be listed as an additional insured on all insurance or bond coverage. II. Property Acquisition. Hopkins shall obtain any necessary easements or other property rights required for the Project. Hopkins agrees to hold harmless and to indemnify the District from any loss, costs, claim. or liability asserted by the owners of properties adversely affected by the Project improvements. The acquired property rights, if any, shall be for the benefit of Hopkins and the District, including right of entry and access for maintenance of Project improvements. 12. Repair. Ownership and Maintenance. Hopkins, during construction and upon completion of the Project, shall be the owner of all culverts and project facilities, and shall be responsible for future repair, maintenance and replacement Hopkins shall not alter or change the Project improvements within their control or ownership, other than to maintain the improvements consistent with the plans and specifications approved by the parties. The District following Hopkins application to and approval by the managers may contribute funds for future repairs and maintenance of basic water management improvements. . 13. Records. Each party shall keep an accurate account of all expenses incurred in relation to the Project, including expenses incurred in preparing the project petition engineering appraisers, attorneys, and administrative costs. The records and accounting reports of both parties shall be open for inspection and review at all times by either party. 14. Allocation of Proiect Costs. Attached and made a part of this Agreement is the preliminary estimated cost of project improvements, cost sharing and listing the payment responsibility (Attachment #1). The unit prices set forth in the construction contract with the successful bidder and the final quantities shall govern in computing the final total contract construction cost and following construction shall be totalled and allocated between the' parties. The parties have agreed that each will pay for its own administrative, appraisers and attorney expenses and that the District's share of the project engineering and plan preparation costs for Phase 1 is limited to $135,000 and for Phase 2, $40,000. In the event the parties do not proceed with Phase 2, the District will have no obligation to reimburse Hopkins for the District's share of the Phase 2 engineering and plan preparation cost 15. Payments by the District Following the order establishing the Project, the District shall adopt a levy resolution, pursuant to Minnesota .statutes, Section 103.0.905, subd. 3. Hopkins recognizes and agrees to advance the cost of constructing the Project pending completion of and payment by the District of project costs for the Lower Valley and Smetana . . Lake Outlet Basic Water Management Projects which projects were petitioned for by the Cities _-_~- of Bloomington and Eden Prairie prior to the submission of the Hopkins petition. Following 2/180167761112193 3 '110;" .;. .rii completion of Phase 1 and Phase 2 project construction, the parties shall allocate the project costs . and following agreement, Hopkins shall invoice the District for the amount to be paid for the construction and engineering costs. 16. Liability and Indemnification. Hopkins agrees to indemnify and hold harmless the District, its officers, agents, and employees from all claims, demands, judgments. fines,penalties, expenses, actions or causes of action and expenses arising out of the project construction, including but not limited to, claims made by property owners, or others, who claim to have been injured or damaged as a result of the Project improvements. The District agrees to indemnify and hold harmless and defend Hopkins for any and all claims arising out of the conduct of the managers or employees 'or agents of the District or the failure to meet an obligation of the District under this Agreement Hopkins agrees to indemnify the District for any and all claims arising out of the conduct of employees or agents of the City relatedto the Project or to an obligation of.the City under this Agreement 17.. -,' --Amendment. Termination. This Agreement may only be amended by a written agreement approved by the Hopkins City Council and the Board of Managers .of the District, and executed by the Mayor of the City and the Chairman of the District's Board. This Agreement shall continue until rescinded or terminated by,a written agreement executed by the City and the District 18. Notice. All notices required or given pursuant to or in connection with this . Agreement shall be provided by certified mail or personal delivery to the parties at the following addresses: If to the City: City Manager City of Hopkins If to the District: President Nine Mile CreekW atershed District Attention: Raymond A. Haile, Esq. 3300 Piper Jaffray Tower Minneapolis, MN 55402 . 2/18016776 1112193 4 . .. ~ , ,... '" ,'- "",. (. IN WITNESS WHEREOF, the undersigned governmental. units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, Section 471.59. NINE MILE CREEK WAlERSHED DISTRlCT, a political subdivision of the State of Minnesota . , .. ATTACHMENT 1 ,. . PRELIMINARY .ESTIMATED COST SHARING BETWEEN "WATERSHED DlSTRICT AND HOPKINS ,~ . - nOPKINS CULVERT IMPROVEMENTS I' .' PHASE ONE CONSTRUCTION ptSTRrcr HOPKINS ~ ( .. . MobUiZlltion S 150,000 $ 50.000 Excelsior Blvd. Culvert. 12' x 7' RCB $ 567,000 Hcnn. Co. Re~. RR Auth. - 10' X 10' RCB $ 93,000 Stormwatet $tora~e Pond & Outlet Storm Sewer S 125,000 Remove Old Culvert - Private Drive S 5,000 Line Existinll: 96" CS? - $00 Line Railroad $ 40.000 500 Line Railroad. Add 120" RCP S 260,000 Soo Line Railroad - Extend wI 2-10' ;It S' ReB $ 230,000 11th Avenue South - Add S' x 6' RCB s 100,000 7th S~ South - Add 10' x 6' RCB S 110,000 Erosion Control !nd Sedimetitatlon Basin $ 50,000 UtilitY Modifications and Relocations $ 10,000 Modifv Old Roadwtv Etn~ at'I'.H.169 $ 25,000 RoadWav RcstO~on (7m & 11th) S 15,000 Cone.crlon to 1994 Canstroction Season S 74,000 $ 24,000 . @ 6% AnnuallY Subtocals $ 3.,057,000 $ 871,000 fMf{~;~~ Right-of-Wav 2nd Easement Acauisftion S 25,000 S 75,000 . \ Contirutency $ 3,36,000 S 56,000 Engineering. Pennits. Lega.!. and S 385,000 $ 135.000 Administrative PHASE 1 SllBTOTALS S 1,603,000 $ 1,137,000 PHASE TWO CONSTRUcnON , Mobiliz.ation $ 27,000 S 3,000 ScreambanJc Erosion Repair . ~oth :Banks $ 60,000 Pitch 3lld Channel Clean Out S 7S,000 Erosion Control $ 20,000 TWI Improvements S 12,500 $ 12.500 RestoIlltion $ 3,000 First Year Maintenance $ 2,500 $ 2,500 ~ Corteetion to 1995 ConsttUc:tion Se3son S 10,000 $ 1,000 @ 6% Annuallv Subtot2l1s $ 210,000 S 19,000 Ricl1t-of.Way and Easem.;n1 ACQuisition $ 0 $ 0 Continl!encv $ 31,000 $ '3,000 I Engineering, Permits. LeBal. and $ 117, 000 $ 4.0,000 . ; \ Administrative i \1 . PHASE 2 SUBTOTALs $ 358,000 $ ~2,OOO 4 . ,- -. ,-~-..., ..... .. .... . . TOTAL ESTIMATED COSTS ( $3.160,000 ;: 1 $ l,S61,00O $ l,19~...oCln . - ~-~ - . '. ,,"