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Home My WebLink About2010-06-16 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION 1 909= 1 099 COUNCIL AGENDA MEETING ITEM # DATE 06/16/2010 de Engineering ORIGINATING DEPARTMENT Jennifer Levitt STAFF AUTHOR COUNCIL ACTION REQUEST Approve the South Washington Watershed District agreement for the Cottage Grove Rain Garden Coordinated Capital Improvement Program in the value of $80,625.00 pending final approval by the City Attorney. STAFF RECOMMENDATION Staff is recommending approval of the South Washington Watershed District agreement for the Cottage Grove Rain Garden Coordinated Capital Improvement Program in the value of $80,625.00 pending final approval by the City Attorney. ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY -wai 9121 relB0001 IIII:1 kq Ii DATE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Jennifer Levitt, June 11, 2010. ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS o City Administrator Date COUNCIL ACTION TAKEN: VAPPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Jennifer Levitt, P.E., City Engineer Date: June 11, 2010 Subject: Accept SWWD CCIP Grant for River Acres Stormwater Improvements Background /Discussion: The City Council on March 3, 2010 authorized applying for the South Washington Watershed District's (SWWD) Coordinated Capital Improvements Program (CCIP) grant for the stormwater improvements for the River Acres Area, which are related to the 2010 Pavement Management Program. The City was eligible to apply for 35% of the total project cost with a maximum of 10% applied for engineering and administration. The total project cost submitted was $230,355, so the total value of the grant that could be applied for was $80,625. The City received notice from the SWWD that we were awarded the amount we applied for. The attached agreement outlines the conditions of the grant and the value of award. The agreement language is still under review by the City Attorney. Recommendation: It is recommended to approve the South Washington Watershed District agreement for the Cottage Grove Rain Garden Coordinated Capital Improvement Program in the value of $80,625 pending final approval by the City Attorney. SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove Rain Garden Coordinated Capital Improvement Project THIS AGREEMENT, by and between the South Washington Watershed District, a political subdivision of the State of Minnesota, herein after referred to as the "SWWD ", and the City of Cottage Grove, a political subdivision of the State of Minnesota, hereinafter referred to as the "City." CITY OF Cottage Grove, Rain Garden Coordinated Capital Improvement Project, dated , 2010, between South Washington Watershed District, 2302 Tower Drive, Woodbury, MN 55125, and The City of Cottage Grove, 9516 80 Street S, Cottage Grove, MN 55016. RECITALS A. The City and SWWD have a mutual interest in the improvement and management of stormwater throughout the watershed. B. The SWWD is committed to working with local capital improvement projects to control and enhance water quality leaving the watershed. C. The SWWD watershed management plan includes a long range work plan establishing a coordinated effort with City capital improvement projects. D. This project proposed by the City, Cottage Grove Rain Garden Coordinated Capital Improvement project, will provide water quality treatment of stormwater runoff and reduce erosion. THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable considerations, the SWWD and the City agree as follows: City of Cottage Grove RESPONSIBILITIES: A. Project Implementation. The City is responsible for implementing the project, which is to include construction of four rain gardens or functional depressions along 113 St S and extension of stormsewer and installation of curb and catch basins as necessary to reduce erosion along Inman Ave S. B. Funding. The City will fund project implementation and be reimbursed for 35% of the project cost by the SWWD, with the total reimbursement not to exceed $80,625.00, upon completion of the project. C. Operation and Maintenance. The City will provide annual inspection and maintenance of the constructed Best Management Practices and infrastructure. D. Schedule. The City will complete the project by June 1, 2011. Extension of the scheduled completion date may be amended in writing by either party. E. Permits. The City is responsible for obtaining all required Local, Regional, State and Federal permits. F. Technical Assistance. The City will secure technical services for engineering design, contract administration, and construction services to complete the project. Page 1 of 4 C: \Documents and Settings \jlevitt\Local Settings \Temporary Internet Files \Content.Outlook \TJSL02JF \CG Rain Garden CCIP Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove Rain Garden Coordinated Capital Improvement Project IL South Washington Watershed District RESPONSIBILITIES: A. Funding. The SWWD will reimburse the City for 35% of the project cost, with a total reimbursement not to exceed $80,625.00, upon completion of the project. 111. MISCELLANEOUS: A. Relationship of Parties. Nothing contained in this agreement is intended or shall be construed in any manner as creating or establishing a joint powers relationship, partnership, joint venture, or agency relationship between the parties. B. Employees. The City and SWWD represents that it has, or will secure at its own expense, all personnel and /or contractors required for the performance of this agreement. Any and all personnel, contractors of the City or SWWD shall not be deemed to have any contractual relationship with either the non contracting City or SWWD and shall not be considered employees of either the non contracting City or SWWD. C. Liabilit . Except if arising from or out of SWWD's fault or negligence, City agrees to indemnify and defend the SWWD, its successors, and assigns against and will hold harmless the SWWD, its successors and assigns from any claims, expenses or damages, including attorneys' fees, arising from City performance of this agreement. Except if arising from or out of City's fault or negligence, SWWD agrees to indemnify and defend the City, its successors, and assigns against and will hold harmless the City, its successors and assigns from any claims, expenses or damages, including attorneys' fees, arising from SWWD performance of this agreement D. Assignment or Modification. This agreement shall be binding upon and inure to the benefit of City and the SWWD, and their respective successors and assigns; provided, however, that neither party may assign this agreement without the prior written consent of the other. Any modification, alteration, amendments, deletions, or waivers of the provisions of this agreement will be valid only when mutually agreed upon in writing by both parties. City's or SWWD use of contracted services to meet its obligations under this contract shall not be construed to be an assignment. E. Effective Date. This agreement will be effective as of the date all of the signatures required below have been provided. The date of the last required signature will be the date of this agreement and will be inserted in the first paragraph on page 1. Data Practices. All data collected, created, received, maintained, or disseminated for any purposes by the activities of either party because of this agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such act now in force or as adopted, as well as federal regulations on data privacy. Each party to this agreement shall respond to data requests made directly to it but each shall only be responsible for responding to data requests relative to data in that party's respective possession. G. Records - availability and retention. Both parties agree that either of them or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to Page 2 of 4 CADocuments and Settings \jlevitt \Local Settings \Temporary Internet Files \Content.Outlook \TJSL02JF \CG Rain Garden CCIP Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove Rain Garden Coordinated Capital Improvement Project the accounting practices and procedures of the parties to this transaction and invoice transactions relating to this Agreement. H. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: Administrator SWWD 2302 Tower Drive Woodbury, MN 55125 City Administrator City of Cottage Grove 7516 80 St S Cottage Grove, MN 55016 Page 3 of 4 CADocuments and Settingsljlevitt \Local Settings \Temporary Internet Files \Content.OUtl00k1TJSL02JF \CG Rain Garden CCIP Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove Rain Garden Coordinated Capital Improvement Project CITY OF COTTAGE GROVE Myron Bailey Mayor Date Ryan Schroeder City Administrator Approved as to form: Date Cottage Grove City Attorney Date SOUTH WASHINGTON WATERSHED DISTRICT Jack Lavold President, Date South Washington Watershed District Board of Managers Page 4 of 4 C: \Documents and Settings \jlevitt \Local Settings \Temporary Internet Files \Content.Outlook \TJSL02JF\CG Rain Garden CCIP Agreement.doc