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IV.6. Enter into a cooperative agreement between the City of Hopkins and Nine Mile Creek Watershed District for Central Park stormwater and flood-storage improvements; Imihy CITY OF HOPKINS City Council Report 2024-137 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: PeggySue Imihy, AICP – Special Projects and Initiatives Manger Date: November 12, 2024 Subject: Cooperative Agreement between the City of Hopkins and Nine Mile Creek Watershed District for Central Park Improvements _____________________________________________________________________ RECOMMENDED ACTION MOTION TO enter into an cooperative agreement between the City of Hopkins and Nine Mile Creek Watershed District for Central Park stormwater and flood-storage improvements. OVERVIEW Following the update made at the August 20, 2024, Council Meeting regarding the Park System Master Plan and Central Park Project, Staff seeks the approval to enter into an agreement with the Nine Mile Creek Watershed Districts (NMCWD) to allow the watershed district to fund part of the study costs for the Central Park and Pavilion projects. As discussed at the August 20th meeting, this project would provide design and construction documents for the renovation of Central Park and a study to understand the feasibility of a future expansion of the Hopkins Pavilion. This also includes a significant evaluation of potential over and above water quality improvements. This project will be done in partnership with the Nine Mile Creek Watershed District (NMCWD) who have offered to contribute both staff capacity and funding to the project. The total cost of the initial design and feasibility is $291,724 which will be paid with park dedication fees and this $50,000 contribution from NMCWD. SUPPORTING INFORMATION • Cooperative Agreement between the City of Hopkins and Nine Mile Creek Watershed District for Central Park stormwater and flood-storage improvements Administration City of Hopkins-Nine Mile Creek Watershed District- Central Park Master Plan & Pavilion Expansion Feasibility Study 1 Cooperative Agreement Between the City of Hopkins and Nine Mile Creek Watershed District CENTRAL PARK STORMWATER AND FLOOD-STORAGE IMPROVEMENTS This cooperative agreement is made by and between the City of Hopkins, a home rule charter city under Article XII of the Minnesota Constitution (Hopkins), and Nine Mile Creek Watershed District, a special purposes unit of government created pursuant to Minnesota Statutes chapters 103B and 103D (NMCWD), for NMCWD’s support for the analysis of options for beyond-compliance stormwater-management and flood risk- reduction elements as part of Hopkins’ Central Park Master Plan & Pavilion Expansion Feasibility Study, which will assess technical and financial viability of options for a comprehensive suite of improvements to the park. Whereas with the authorization of the NMCWD Board of Managers, in early 2024 the NMCWD engineer, Barr Engineering, completed a general assessment of stormwater- management and flood risk-reduction opportunities in Hopkins parks to be implemented in conjunction with a program of upgrades for the parks; Whereas Central Park, which lies entirely within the Nine Mile Creek watershed and the corporate limits of the City of Hopkins, and is owned in fee and operated as a community recreational area by Hopkins, was among the parks assessed; Whereas Hopkins identified Central Park as a high priority for recreational improvements, and with an assurance from the NMCWD Board of Managers that NMCWD would provide financial and staff support, city staff worked with NMCWD staff to incorporate detailed assessment of options for incorporating stormwater-management, flood risk-reduction, aquatic and riparian habitat improvements and improved access to Nine Mile Creek (the Watershed Improvements) into a request for proposals for development of a master plan for redevelopment and improvement of Central Park; Whereas after review of the responses to the RFP, Hopkins entered into a contract with Bolton & Menk Inc., a private Minnesota technical-services provider (Contractor), on September 10, 2024, and the scope of services to be completed under the contract is attached hereto and incorporated herein as Exhibit A (the Study); Whereas the contract between Hopkins and Contractor for the Study requires the Contractor to comply with all local laws and requirements applicable to the Study and to ensure that no person is excluded from full employment rights or participation in or the benefits of any program, service or activity on the ground of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status or national origin; and no person who is protected by applicable federal or state laws, rules or regulations against discrimination otherwise will be subjected to discrimination; City of Hopkins-Nine Mile Creek Watershed District- Central Park Master Plan & Pavilion Expansion Feasibility Study 2 Whereas the NMCWD Board of Managers directed the administrator to develop a cooperative agreement with Hopkins to memorialize the terms of NMCWD’s support for the assessment of the Watershed Improvements to be conducted under the Study; and Whereas Hopkins and NMCWD are authorized by Minnesota Statutes section 471.59 to enter into this cooperative agreement for conduct of the Study. Agreement NOW, THEREFORE, Hopkins and NMCWD enter into this agreement to document their mutual understanding as to the scope of the Study, facilitate communication and cooperation to successfully complete the Study and to share the cost of the assessment of the Watershed Improvements. 1. Conduct of the Study a. Hopkins will oversee completion of the Study by the Contractor. Notwithstanding, Hopkins makes no warranty to NMCWD regarding the Contractor’s performance of the Study. b. Hopkins will secure and timely provide to NMCWD written recognition from Contractor of NMCWD as an intended beneficiary of the Study, and Hopkins and NMCWD will jointly share the right to use data and reports generated by the Study. c. Hopkins will timely share all data and reports generated by the Study with NMCWD. And by the signature of its authorized representative below, Hopkins authorizes NMCWD to request a reliance letter for all data and reports generated under the Study pertaining to environmental site conditions, subject to Hopkins’ designation of any such data or reports as confidential. d. Hopkins and NMCWD will in earnest and good faith explore options to incorporate Watershed Improvements determined to be cost-effectively feasible by the Study into future plans for redevelopment of Central Park. 2. Cost Sharing a. Hopkins will pay the Contractor for the costs of completion of the Study and the scope of work in Exhibit A in accordance with the contract between Hopkins and Contractor and applicable state law. b. Within 35 days of written notification of Hopkins’ payment of an invoice from the Contractor for work on the Study, NMCWD will reimburse Hopkins 50 percent of eligible invoiced costs, up to an aggregate total for the Study not to exceed $50,000. Eligible costs are those incurred for the completion of the following tasks in Exhibit A: • 2.2; City of Hopkins-Nine Mile Creek Watershed District- Central Park Master Plan & Pavilion Expansion Feasibility Study 3 • 3.4; • 3.6; • 3.8; • 3.9; • 3.10; • 4.6; • 4.8; • 10. c. Each party will pay its own internal, incidental and administrative costs in fulfilling its obligations and administering the terms of this agreement beyond the cost-sharing specified herein. 3. Independent relationship; liability; no warranty. This agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes section 471.59, and no party agrees to be responsible for the acts or omissions of the any other pursuant to subdivision 1(a) of the statute. Only contractual remedies are available for the failure of a party to fulfill the terms of this agreement. NMCWD and Hopkins enter this agreement solely for the purposes of facilitating and paying for the Study. Accordingly, with respect to any and all activity undertaken pursuant to this agreement: (1) Hopkins will hold harmless, defend and indemnify the NMCWD, its officers, employees and agents for all claims, damages, liabilities, losses and expenses asserted against either party or both parties at any time by a third party, including any governmental body, provided that any such claim, damages, loss or expense arises out of a negligent act or omission or willful misconduct of an officer, official, agent or employee of Hopkins; and (2) NMCWD will hold harmless, defend and indemnify Hopkins, its officers, officials employees and agents for all claims, damages, liabilities, losses and expenses asserted against either party or both parties at any time by a third party, including any governmental body, that arise out a negligent act or omission or willful misconduct of an officer, manager, agent or employee of NMCWD. This agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party. The parties do not waive any limitation of liability provided under Minnesota Statutes chapter 466. NMCWD will not be deemed to have acquired by entry into or performance under this agreement, any form of interest or ownership in or to any portion of the land that is the Study or adjacent property. NMCWD will not by entry into or performance under this agreement be deemed to have exercised any form of control over the use, operation or management of any portion of the Study area or adjacent property so as to render NMCWD a potentially responsible party for any contamination under state and/or federal law. The exercise of regulatory authority by the NMCWD Board of Managers and, as delegated, NMCWD staff may not be and is not modified in any way by this City of Hopkins-Nine Mile Creek Watershed District- Central Park Master Plan & Pavilion Expansion Feasibility Study 4 agreement. NMCWD’s participation in the Study notwithstanding, no representation or warranty is made as to whether specific land-disturbing activities undertaken in reliance on the work products of the Study will comply with NMCWD rules. Further, NMCWD does not warrant and will not be liable for the actions of or failure to act by any third-party regulatory entity. 4. Contacts. The representatives of the parties with respect to this agreement are as follows: NMCWD: Administrator Nine Mile Creek Watershed District esniegowski@ninemilecreek.org 12800 Gerard Dr. Eden Prairie MN 55346 Hopkins: PeggySue Imihy Special Projects and Initiatives Manager City of Hopkins 1010 1st Street South Hopkins MN 55343 5. Data Practices. All data created, collected, received, maintained or disseminated for any purpose in the course of this agreement are governed by the Data Practices Act, Minnesota Statutes chapter 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. 6. Entire agreement. This agreement contains the complete and entire agreement among the parties relating to the subject matter hereof, and supersedes all prior negotiations, agreements, representations and understandings, if any, among the parties respecting such matters, and amendments, addenda, alterations, or modifications to the terms and conditions of this agreement shall be in writing and signed by both parties. The recitals stated at the outset are incorporated into and are a part of the agreement. 7. Waiver. The waiver by NMCWD or Hopkins of any breach or failure to comply with any provision of this agreement by either or both of the other parties will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. 8. Term; termination. This agreement is effective on execution by both parties and will terminate on December 31, 2025, or on the written agreement of both parties, subject to the terms herein. IN WITNESS WHEREOF, the parties have caused the agreement to be duly executed intending to be bound thereby. City of Hopkins-Nine Mile Creek Watershed District- Central Park Master Plan & Pavilion Expansion Feasibility Study 5 [Signature page follows.] City of Hopkins-Nine Mile Creek Watershed District- Central Park Master Plan & Pavilion Expansion Feasibility Study 6 City of Hopkins _______________________________ Date: _____________________ By _____________________________ Its _____________________ _______________________________ Date: _____________________ By _____________________________ Its _____________________ Approved as to form & execution: _____________________________ City of Hopkins counsel Nine Mile Creek Watershed District _______________________________ Date: _____________________ Larry Olson Its: Board President Approved as to form & execution: _____________________________ NMCWD counsel City of Hopkins-Nine Mile Creek Watershed District- Central Park Master Plan & Pavilion Expansion Feasibility Study 7 Exhibit A Scope of Services Bolton & Menk Central Park Master Plan & Pavilion Expansion Feasibility Study