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HomeMy WebLinkAbout2011-05-18 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # Li DATE 5/18/11 PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving the South Washington Watershed District agreements for the Cottage Grove City Hall Facility BMPs, Ravine Parkway BMPs, East Draw Pond Corridor Maintenance, and the Regional Pond C -P6 Coordinated Capital Improvement Projects (CCIP) in the value of $305,095. STAFF RECOMMENDATION Approve the South Washington Watershed District CCIP agreements. ADVISORY COMMISSION ACTION DATE REVIEWED ❑ PLANNING ❑ ❑ PUBLIC SAFETY ❑ ❑ PUBLIC WORKS ❑ ❑ PARKS AND RECREATION ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from Jennifer Levitt dated 5/10/11 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: SWWD CCIP Agreements ADMINISTRATORS COMMENTS APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 4 City Administrator Date COUNCIL ACTION TAKEN: ❑APPROVED ❑ DENIED —]OTHER CITY OF COTTAGE GROVE MINNESOTA To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Jennifer M. Levitt, P.E., City Engineer Date: May 10, 2011 Re: Accept South Washington Watershed District, Coordinated Capital Improvements Program Application Background /Discussion The South Washington Watershed District (SWWD) developed a Coordinated Capital Improve- ment Program (CCIP) to provide for financial assistance to local units of government for water quality improvements. The grant will cover up to 35 percent of the total project cost with a maximum of 10 percent of grant funds applied to engineering and administration. CCIP grants are only available in the South Washington Management Unit. The City submitted four projects to the SWWD for consideration for the 2011 CCIP. The four projects submitted and received are as follows: Public Safety /City Hall Best Management Practices (BMP) = $71,750 The proposed projects for the grant include installation of infiltration basins, porous pavers, vegetated buffers, and rainwater harvesting with a drip irrigation system for the site. All of these BMPs will reduce the magnitude of runoff volume and frequency of erosive, concentrated flows into the ravines as well as the reduction in sediments and associated nutrient load into Ravine Lake. Ravine Parkway BMPs = $84,085 The project will include the construction of the Ravine Parkway extension, with conventional drainage conveyance consisting of concrete curb and gutter and storm sewer. The storm sewer will outlet to an infiltration basin. Sump manholes will be installed in the catch basins along the Parkway to reduce the depositing of sediments. The restoration will consist of native grasses, trees, and shrubs. All of these BMPs will reduce the magnitude of runoff volume and frequency of erosive, concentrated flows into the ravines as well as the reduction in sediments and asso- ciated nutrient load into Ravine Lake. East Draw Pond Corridor Maintenance = $23,750 The project will include correction in an existing channel where erosion issues have been occur- ring in a series of five ponds. The project will include the installation of rock weir structures at the portion of the main channel and reinstalling the existing flared ends using the City's standard details for riprap with a riprap stilling basin. These improvements to this drainage basin will pro- vide for stormwater run -off volume control, increased infiltration, and water quality treatment. Honorable Mayor, City Council, and Ryan Schroeder Accept SWWD CLIP Application May 10, 2011 Page 2 of 2 Regional Pond C -P6 = $125,510 This project will include the excavation and construction of three water quality cells; one at each of the three storm sewer discharge points into Pond C -P6 and an infiltration swale running the length of the ravine. These improvements to this basin and drainage area will provide storm water run -off volume control, increased infiltration, and water quality improvements. The total amount for the 2011 CCIP program to City of Cottage Grove is $305,095. The at- tached agreements outline the conditions of the grant and the value of award for each project. The agreement language has been reviewed and approved by the City Attorney. It is recommended to approve the South Washington Watershed District agreements for the Cottage Grove City Hall Facility BMPs, Ravine Parkway BMPs, East Draw Pond Corridor Main- tenance, and the Regional Pond C -P6 Coordinated Capital Improvement Projects in the value of $305,095. SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove Ravine Parkway BMP's 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, Ravine Parkway BMP's Coordinated Capital Improvement Project, dated 2011, 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 Ravine Parkway BMP's 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. Proiect Implementation. The City is responsible for implementing the project, which is to include extension construction of Ravine Parkway with conventional drainage conveyance consisting of concrete curb and gutter and storm sewer. The storm sewer will outlet to an infiltration basin. Sumps will be installed on all catch basins. Boulevard restoration consisting of native grasses, trees, and shrubs will be installed. All of the BMP's listed will reduce the magnitude of runoff volume and frequency of erosive, concentrated flows into the ravine as well as the reduction in sediments and associated nutrient load into Ravine Lake. B. Funding. The City will fund project implementation. Upon completion of the project, SWWD will reimburse the City up to $84,085.00 of the project costs. 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 December 31, 2012. 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. Page 1 of 4 LlCost Share ProgramlCoordinated CIPV011 ProjectslCG Ravine Parkway= Ravine Parkway BMPs CLIP Agreementdoc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove Ravine Parkway BMP's Coordinated Capital Improvement Project F. Technical Assistance. The City will secure technical services for engineering design, contract administration, and construction services to complete the project. II. South Washington Watershed District RESPONSIBILITIES: A. Funding. The SWWD will reimburse the City for total reimbursement not to exceed $84,085.00, upon completion of the project. III. 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. Emplovees. 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. Liability. 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. F. 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. Page 2 of 4 L\Cost Share Program \Coordinated CIP12011 Projects \CG Revtne Parkway%CG Ravine Parkway AMPS CCIP Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove Ravine Parkway BMP 's Coordinated Capital Improvement Project 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 the accounting practices and procedures of the parties to this transaction and invoice transactions relating to this Agreement. N. 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 City Administrator SWWD City of Cottage Grove 2302 Tower Drive 7516 80 St S Woodbury, MN 55125 Cottage Grove, MN 55016 Page 3 of 4 L\Cost Share ProgramtCoordinated CIPM11 ProjectslCG Ravine ParkwaylCG Ravine Parkway BMPs CCIP Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove Ravine Parkway BMP's Coordinated Capital Improvement Project CITY OF COTTAGE GROVE SOUTH WASHINGTON WATERSHED DISTRICT Myron Bailey Date Mayor Ryan Schroeder Date City Administrator Approved as to form: Cottage Grove City Attorney Date 4 el(Lavold Presidenf,` k Date South Washington Watershed District Board of Managers Page 4 of 4 L \Cost Share ProgramlCoordinated CIPV011 ProjectstCG Ravine Parkway= Ravine Parkway BMPs CLIP Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove new City Hall Facility W P's 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, new City Hall Facility BMP's Coordinated Capital Improvement Project, dated , 2011, 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 new City Hall Facility BMP's 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. Protect Implementation. The City is responsible for implementing the project, which includes the installation of infiltration basins, porous pavers, and vegetated buffers. All of the BMP's listed will reduce the magnitude of runoff volume and frequency of erosive, concentrated flows into the ravine as well as the reduction in sediments and associated nutrient load into Ravine Lake. 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 $71,750.00, 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 December 31, 2012. 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 L\Cost Share Program \Coordinated CIR2071 Projecls \CG City HalKCG City Hall CCIP Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove new City Hall Facility BMP's Coordinated Capital Improvement Project II. South Washington Watershed District RESPONSIBILITIES: A. Funding. The SWWD will reimburse the City for total reimbursement not to exceed $71,750.00, upon completion of the project. III. 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. Liability. 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 SWWO, 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. F. 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 parry 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, Page 2 of 4 LACost Share ProgramlCoordinated CIP\201 i ProjeUStCG City HaIRCG City Hail CCIP Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grave new City Hall Facility BMP's Coordinated Capital Improvement Project excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to 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 City Administrator SWWD City of Cottage Grove 2302 Tower Drive 7516 80" St S Woodbury, MN 55125 Cottage Grove, MN 55016 Page 3 of 4 LACost Share ProgramlCoordinated CIPX2011 Projects= City HalACG City Hall CCIP Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT— CITY OF Cottage Grove Cottage Grove new City Hall Facility BNIP's Coordinated Capital Improvement Project CITY OF COTTAGE GROVE SOUTH WASHINGTON WATERSHED DISTRICT Myron Bailey Date Mayor Ryan Schroeder Date City Administrator Approved as to form: Cottage Grove City Attorney Date 4aak Lavofd President, ( Date South Washington Watershed District Board of Managers Page 4 of 4 LACosl Share ProgramlCoordinated CIP12011 ProjeclslCG City HaIItCG City Hall CCIP Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove East Draw Pond Corridor Maintenance 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, East Draw Pond Corridor Maintenance Coordinated Capital Improvement Project, dated , 2011, 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 East Draw Pond Corridor Maintenance 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 includes correcting the existing channel and outlet erosion issues occurring in five ponds. Installing rock weir structures at the portion of the main channel, and reinstailing the existing flared ends using the City standard details for riprap at a flared end and a riprap stilling basin. These improvements to this basin will provide storm water run off volume control, increased infiltration, and water quality treatment. B. Funding. The City will fund project implementation. Upon completion of the project, SWWD will reimburse the City up to $23,750.00 of the project costs. 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 December 31, 2012. 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. Page 1 of 4 LACost Share ProgramlCoordinated CIP12011 ProjectslCG Pond RepalACG East Draw Pond Corridor Maintenance Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove East Draw Pond Corridor Maintenance Coordinated Capital Improvement Project F. Technical Assistance. The City will secure technical services for engineering design, contract administration, and construction services to complete the project. 11. South Washington Watershed District RESPONSIBILITIES: A. Funding. The SWWD will reimburse the City for total reimbursement not to exceed $23,750.00, upon completion of the project. III. 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. Liability. 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 insetted 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. Page 2 of 4 L:1Cost Share ProgramiCoordinated CIP12011 Projects= Pond RepalACG East Draw Pond Corridor Mainlenance Agreemenl.doc SOUTH WASHINGTON WATERSHED DISTRICT —CITY OF Cottage Grove Cottage Grove East Draw Pond Corridor Maintenance Coordinated Capital Improvement Project 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 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 City Administrator SWWD City of Cottage Grove 2302 Tower Drive 7516 80 St S Woodbury, MN 55125 Cottage Grove, MN 55016 Page 3 of 4 LACosl Share ProgramlCoordinated CIP12011 ProjeclslCG Pond RepahkCG East Draw Pond Corridor Maintenance Agreement.doo SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove East Draw Pond Corridor Maintenance Coordinated Capital Improvement Project CITY OF COTTAGE GROVE SOUTH WASHINGTON WATERSHED DISTRICT Myron Bailey Date _avold President, Date Mayor 4 9&th Washington Watershe District Board of Managers Ryan Schroeder Date City Administrator Approved as to form: Grove City Attorney Date Page 4 of 4 LACosl Share Program\Coordinated CIPWI1 Prolects\GG Pond Repair \CG East Draw Pond Corridor Maintenance Agreemenl.doe 80TH ST SO.-\ Vii r �' � • �QCELYN w AVE, SO, > -- Y - -81ST SL SO c•.' = U LU W v o > , _ _ O X0 0 r � O � .O W w $ U � w ,..:JEFFER, '� ,..` > > - ¢ co Lu —1 �a D — - - ­ST, sa / j / GENERALBRU �� .CLEARING/ TREE REM • �� y a j fi. O h '. NO l �8) To a„ p r - 1 , V•"� _, S ,^ C £ M y gi �' ^ -i .4�JENSEN M, ) C,,: e LU ' JODY CIRCLE SO .z a ,O�_ '��' /�� ' z 'y am\\ +, " , _ O �' ED F9 3 W_ 2 m O LEGEND TRAIL EROSION CORRECTION `ia •�� i \.\� ^ iv t . —:M - AT FLARED END ___ - -� --I .��. . £ � SECONDARY CHANNEL ' ,. -„ ,� —r-,'K .• �' EROSION CORRECTION MAIN CHANNEL EROSION CORRECTION EXISTING STORM SEWER — < ROCK WIER . au.,aa :*3'�4_: >n de : "':' �a1 LOCATION PLAN CITY OF COTTAGE GROVE FIGURE 1 BoneSUno ED -PS AND P9 RAVINE STABILIZATION 1: \40 \40GEN\SPEC lLL UES& ROJR\ 2030 \ED.PB- P9ERMIQN \W\FIGUREIDWG DATE: 12/29/2010 COMM: 000040-I0om SOUTH WASHINGTON WATERSHED DISTRICT— CITY OF Cottage Grove Cottage Grove Regional Pond C -PG Improvements 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, Regional Pond C -P6 Improvements Coordinated Capital Improvement Project, dated 2011, between South Washington Watershed District, 2302 Tower Drive, Woodbury, MN 55125, and The City of Cottage Grove, 9516 8& 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 Regional Pond C -P6 improvements 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 includes the excavation and construction of 3 water quality cells; one at each of the three storm sewer discharges into Pond C -P6, and an infiltration Swale running the length of the ravine. These improvements to this basin will provide storm water run off volume control, increased infiltration, and water quality treatment. 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 $125,510.00, 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 December 31, 2012. 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. Page 1 of 4 LACost Share ProgramtCoordinated CIPV0l I Projects%CG Regional Pond lmprovemenls= Regional Pond C -P6 Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove Regional Pond C -P6 Improvements Coordinated Capital Improvement Project F. Technical Assistance. The City will secure technical services for engineering design, contract administration, and construction services to complete the project. IL South Washington Watershed District RESPONSIBILITIES: A. Funding. The SWWD will reimburse the City for total reimbursement not to exceed $125,510.00, upon completion of the project. III. 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. Liability. 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. F. 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. Page 2 of 4 LACOst Share Program \Coordinated UM207 - i Proiects%CG Regional Pond Improvements= Regional Pond C -P6 Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF Cottage Grove Cottage Grove Regional Pond C -P6 Improvements Coordinated Capital Improvement Project 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 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 City Administrator SWWD City of Cottage Grove 2302 Tower Drive 7516 80"' St S Woodbury, MN 55125 Cottage Grove, MN 55016 Page 3 of 4 LACosl Share Program \Coordinated CIP\2011 ProjeoMCG Regional Pond Improvements= Regional Pond C -P6 Agreement.doc SOUTH WASHINGTON WATERSHED DISTRICT— CITY OF Cottage Grove Cottage Grove Regional Pond C -P6 Improvements Coordinated Capital Improvement Project CITY OF COTTAGE GROVE Myron Bailey Mayor Date Ryan Schroeder Date City Administrator Approved as to form: Cottage Grove City Attorney Date SOUTH WASHINGTON WATERSHED DISTRICT J c Lavold President, Date South Washington Watershed 6strict Board of Managers Page 4 of 4 LACost Share ProgramiCoordinated CIPt201 t Projects= Regional Pond Improvements= Regional Pond C -P6 Agreement.doo Existing Minor Contour Existing Major Contour \/ Existing Storm Sewer ° -�3 2 -ft Contour 9C].I ' t NWL A I r Proposed Storm Sewer al'.2 'Inf Swale ' 315.8 31 S.3 91 6.1 922.'. 1 A y15A - A A 'iJ„ 922.9 - 025.5 .. UI 5.1 923..1 92 Y.B R� 921:9 �� 21 9i 1 ° 32 ['. F'' 92Y.] .. a12.9 ! ♦ 1 A � m e.? 1 1 938.3 91 P.. a - 908' .. - `298.6 G9.t •:913 _.N so z.9 150 Da gig° D Feet D I D I: \48 \48GEN \Storm Water \Grant Funding \BWSR CWF \GIS \C- P6_pond.mxd