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Home My WebLink About2012-04-04 PACKET 04.E.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 4/4/12 Engineering Department ORIGINATING DEPARTMENT Jennifer Levitt STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving the Central Ravine 80 Street Pond Design Survey Project Agreement with the South Washington Watershed District. STAFF RECOMMENDATION Approve the Central Ravine 80 Street Pond Design Survey Project Agreement with the South Washington Watershed District. BUDGET IMPLICATION BUDGETED AMOUNT ADVISORY COMMISSION ACTION DATE REVIEWED ❑ PLANNING ❑ ❑ PUBLIC SAFETY ❑ ❑ PUBLIC WORKS ❑ ❑ PARKS AND RECREATION ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ SUPPORTING DOCUMENTS ❑ MEMO /LETTER: Jennifer Levitt, March 26, 2012 ❑ RESOLUTION: ❑ ORDINANCE: ACTUAL AMOUNT APPROVED DENIED ❑ ❑ ❑ ❑ El El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Matt Moore, March 14, 2012, Agreement for Central Ravine 80 Street Pond Survey Project ADMINISTRATORS COMMENTS / _ C S " City Administrator Date COUNCIL ACTION TAKEN: [ ❑ DENIED ❑ OTHER H: \COUNCIL FORMS \COUNCIL 2012 \Council 4 -4 -12 \Council Action Form 80th street Pond design.doc CITY OF COTTAGE GROVE MINNESOTA To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: jennifer M. Levitt, P.E., City Engineer Date: March 26, 2012 Re: Approve SWWD Agreement for Central Ravine 80 Street Design Survey Background /Discussion: The South Washington Watershed District (SWWD) has been working to meet the objectives and intent of the agreement that was reached between the City of Cottage Grove and the City of Woodbury to address the Central District Overflow concerns which were mediated in the dissolving of the Lower St. Croix Watershed Management Organization. As part of the agreement additional improvements are necessary to accommodate additional drainage from the northern reaches of the watershed district. In partnership with the SWWD the city is performing the design survey and design of the overflow project to address the additional flow from the northern reaches of the watershed district. The enclosed agreement provides for cost recovery related to the design survey work for the Central Ravine overflow improvements at 80 Street and additional ponding north of 80 Street in a basin referred to as ED -P6. The total value of the cost recovery is $2,400. Recommendation: It is recommended the Council approve the Central Ravine 80 Street Pond Design Survey Project Agreement with the South Washington Watershed District. Ms. Jennifer Levitt, City Engineer City of Cottage Grove 8635 West Point Douglas Road South Cottage Grove, NIN55016 -3318 RE: Central Ravine 80 Street Pond Design Survey Agreement. Dear Ms. Levitt: The South Washington Watershed District (SWWD) Board approved the City of Cottage Grove Central Ravine 80 Street Pond Design Survey Agreement at their regular meeting on March 14, 2012. Enclosed is your copy of the signed agreement. Please review the agreement and if acceptable have the Council act on the agreement and return a copy to our office. The City of Cottage Grove can invoice the SWWD per the agreement for the amount stated. The SWWD Board would like to thank the City for their cooperation on these projects and looks forward to future water quality efforts. If you have any questions or need additional information, please call me at 651.714.3729 or mmoorekci.woodburv.mn.us Sincerely, South Washington Watershed District Matt Moore Administrator C:Tocuments and SeUmgsJIevitt\Local Settingffemporary Internet FilesVContent.Outlook \W53MAISA \80th Street Survey Agreement Letter.docx 2302 Tower Drive • Woodbury, MN55125 •651- 714 -3729• Fax 651- 714 -3721 www.swwdmn.org March 14, 2012 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE Central Ravine 80 Street Pond Design Survey 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, Central Ravine 80 Street Pond Design Survey, dated 2012, between South Washington Watershed District, 2302Tower Drive, Woodbury, MN 55125, and The City of Cottage Grove,7516 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 and City are 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 establishingthe coordinated capital improvement program to assist municipalities improve water quality. D. The Mississippi River is listed by the State of Minnesota as impaired for excess nutrients on the Minnesota Pollution Control Agency's 303(d) list. E. This project proposed by the City, ED -P6 Pond improvements, will providewater quality benefitsto the watershed and Mississippi River in the form of reduced nutrient loading and stabilize erosion and sedimentation. 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 collection of survey data for final pond and infrastructure construction on City Pond ED -P5. The extents of the survey areas are illustrated in the attached figures "Survey Location — North" and "Survey Location — South" B. Schedule. City, in cooperation with the SWWD, will complete the project by June 1, 2012.Extension of the scheduled completion date may be amended in writing by either party. C. Permits. City is responsible for obtaining all required Local, Regional, State and Federal permits. D. Technical Assistance. City will secure technical services for engineering design, contract administration, and construction services to complete the project. II. South Washington Watershed District RESPONSIBILITIES: Page 1 of 4 CADocuments and Settings \jlevitt \Local Settings \Temporary Internet Files\ Content .Outlook \W53MA1SA \Central Ravine Survey Agreement.docx Revised 3/2412012 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE Central Ravine 80"' Street Pond Design Survey Project A. Funding. SWWD will fund project survey cost of $2400.00 for design survey work in addition to the City stormwater survey work. 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 Cityand 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 Cityor 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. The City and the SWWD agree to provide the following insurance: General Liability Limits: $1,500,000 Automobile Liability Limits: $1,500,000 Umbrella- Excess Liability: $2,000,000 Workers Compensation — Statutory 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. Cancellation. Either party may cancel this agreement upon 90 day notice to the other parry. Upon cancellation of this agreement the party that initiates the cancellation is responsible for and must pay in full the financial obligations agreement to prior to cancellation. G. Data Practices. 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, Page 2 of 4 C: \Documents and Settings \jlevitt\Local Settings \Temporary Internet Files\ Content .Outlook \W53MA1SA \Central Ravine Survey Agreement.docx Revised 3/2412012 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE Central Ravine 80' Street Pond Design Survey Project 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. K 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. 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 parry, 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 Street South Woodbury, MN 55125 Cottage Grove, MN 55016 Page 3 of 4 C: \Documents and Settings \jlevitt \Local Settings \Temporary Internet Files\ Content .Outlook \W53MA1SA \Central Ravine Survey Agreement.docx Revised 3/24/2012 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE Central Ravine 80'' Street Pond Design Survey Project CITY OF COTTAGE GROVE Myron Bailey Mayor Date Ryan Schroeder Date City Administrator Approved as to form: Cottage GroveCity Attorney Date RECCOMEND FOR APPROVAL Jennifer Levitt, City Engineer Date SOUTH WASHINGTON WATERSHED DISTRICT Jack LavoldPresident Date South Washington Watershed District Board of Managers Donald Pereira, Secretary Date South Washington Watershed District Board of Managers Michael Madigan, Treasurer Date South Washington Watershed District Board of Managers Page 4 of 4 CADocuments and Settings \jievitt \Local Settings \Temporary Internet Files\ Content .Outlook \W53MA1SA \Central Ravine Survey Agreement.docx Revised 3/24/2012