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CR 10-064 - Approve First Amendment to Cooperative Agreement with 9 Mile Creek--qco City of Hopkins July 6, 2010 Council Report 2010-064 APPROVE FIRST AMENDMENT TO COOPERATIVE AGREEMENT WITH 9 MILE CREEK WATERSHED DISTRICT CITY PROJECT NO. 2006-05 Proposed Action Staff recommends the following motion: "Move that Council adopt Resolution 2010-034, Resolution Approving Amendment to Cooperative Agreement with 9 Mile Creek Watershed District." Overview At the May 2, 2006, meeting, the Hopkins City Council petitioned the 9 Mile Creek Watershed District to improve 9 Mile Creek with a bank stabilization project. Since that time, the bridge at 5t' Street South has been completed. The City is responsible for the maintenance of the crossing and the bridge is a lower maintenance cost alternative to a metal culvert. This amendment formalizes the inclusion of this work in the petitioned project. The amendment includes a City contribution of $25,000 for decorative elements of the bridge including upgraded handrail and textured concrete. The bridge construction included approximately 200 feet of street reconstruction on 5t' Street South which reduced the cost of that project by $70,000. Supporting Information ■ Amendment to Cooperative Agreement ■ Resolution 2010-034 John R. Bradford, P.E. City Engineer Financial Impact: $25,000 Budgeted: Y/N Yes Source: PIR Related Documents (CIP, ERP, etc.): CIP Notes: FIRST AMENDMENT TO THE COOPERATIVE AGREEMENT Between the Nine Mile Creek Watershed District and the City of Hopkins Nine Mile Creek Bank Stabilization and Habitat Enhancement Project, Hopkins This First Amendment to the Cooperative Agreement (Amendment) is made by and between the Nine Mile Creek Watershed District (NMCWD), a watershed district created pursuant to Minnesota Statutes Chapter 103D, and the City of Hopkins (Hopkins), a home rule charter city under Art. XII, sec. 4, of the Minnesota Constitution (together, the Parties). This Amendment amends the Cooperative Agreement of the same subject fully executed by the Parties as of March 21, 2007. The terms of the Cooperative Agreement remain' unchanged except as specifically provided herein. Paragraph 3.1.6 of the Cooperative Agreement is amended to read,' as follows: 3.1.6 The NMCWD will appoint the District Engineer to provide construction supervision and oversight for the Project, except that the NMCWD will separately contract with the designer -engineer retained by Hopkins to design the 5th Street bridge for construction supervision, oversight and certification of substantial completion in conformance with plans and specifications for the 5t" Street bridge. The NMCWD District Engineer also will review contractor invoices for construction of the Project and will recommend payment, exceptthat the NMCWD will separately contract with the designer -engineer retained by Hopkins to design the 5t" Street bridge for the review of contractor invoices and payment recommendations for construction of the 5t" Street bridge. NMCWD will inform and review with Hopkins any change orders which in the judgment of the District Engineer or the :designer -engineer providing oversight of the 5t" Street bridge are significant in terms of project design or maintenance. The following is added as Paragraph 3.1.7 of the Cooperative Agreement: 3.1.7 NMCWD will retain the designer -engineer retained by Hopkins to develop plans and specifications for the 5t" Street bridge to provide construction supervision, oversight and certification of substantial completion of the 5t" Street bridge. The NMCWD will be responsible for 5t" Street bridge construction contract procurement and coordination of construction management with overall project management. Notwithstanding the foregoing, NMCWD provides no warranty to Hopkins regarding third -party performance in design, construction or construction management. On request, NMCWD will facilitate Hopkins' monitoring of the work, attendance at construction meetings and access to contract documents. On certification that the construction of the 5t" Street bridge is complete, ownership of the bridge will vest in Hopkins. Hopkins will be responsible for the structural condition and maintenance of the bridge. FIRST AMENDMENT- June 30, 2010 1 Nine Mile Creek Watershed District -Hopkins Bank Stabilization and Habitat Enhancement Project Cooperative Agreement Paragraph 3.2.6 of the Cooperative Agreement is amended to read as follows: 3.2.6 Hopkins shall own all facilities created or installed in fulfillment of the terms of this agreement. Hopkins shall afford all means of access to and on the land that is or will be the location of the facilities to be constructed or constructed under the terms of agreement as is necessary and convenient for construction the NCWD's performance of its responsibilities under this agreement and as necessary for the continuing fulfillment of the goals and objectives of NMCWD's approved water management plan and, as necessary, the maintenance plan for the Project. Hopkins will secure work -in - progress insurance for the construction of the 5t" Street bridge. Paragraph 4.3.1 of the Cooperative Agreement is amended to read as follows: 4.3.1 Hopkins shall be responsible for 50 percent of non -water resources related costs for the Project, including, but not limited to, costs for materials for and construction of trails, bridges, signage, etc. and other non -water resources related items, except that Hopkins will be responsible for up to $25,000 of the costs for decorative' and aesthetic elements of the 5t" Street bridge. Hopkins will be responsible for 75% of all easement and land acquisition requirements for the Project. Paragraph 4.3.3 of the Cooperative Agreement is amended to read as follows: 4.3.3 NMCWD will be responsible for the costs of construction supervision, oversight and certification of substantial completion for the 5t" Street bridge as provided by paragraph 3.1.7 of the Agreement. FIRST AMENDMENT- June 30, 2010 2 Nine Mile Creek Watershed District -Hopkins Bank Stabilization and Habitat Enhancement Project Cooperative Agreement IN WITNESS WHEREOF, the parties have executed this Agreement. NINE MILE CREEK WATERSHED DISTRICT, a political subdivision of the State of Minnesota By LuAnn Tolliver, President Dated: CITY OF HOPKINS, a home rule charter city By Its Mayor Dated: By Dal APPROVED AS TO AND EXECUTION By FIRST AMENDMENT- June 30, 2010 3 Nine Mile Creek Watershed District -Hopkins Bank Stabilization and Habitat Enhancement Project Cooperative Agreement CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2010-034 RESOLUTION AMENDING COOPERATIVE AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT WHEREAS, the City of Hopkins petitioned the Nine Mile Watershed District to complete a restoration project along Nine Mile Creek from Excelsior Boulevard to the southern corporate limits, and WHEREAS, the City and the District agree that a bridge is a better alternative because of lower maintenance cost and a longer lasting structure, and WHEREAS, the amendment delineates the rights and responsibilities of the City and the District, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins, Minnesota: 1. The City adopts the First Amendment to the Cooperative Agreement with the Nine Mile Creek Watershed District. 2. The Mayor and City Manager are hereby authorized and instructed to execute the amendment. Adopted by the City Council of the City of Hopkins this 6th day of July, 2010. M ATTEST: Terry Obermaier, City Clerk Eugene J. Maxwell, Mayor