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Home My WebLink About2012-05-02 PACKET 04.E.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 512/12 + PREPARED BY Engineering Department Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w+ w w w COUNCIL ACTION REQUEST Consider approving the South Washington Watershed District agreements for the Cottage Grove PSCH Rain Harvesting System, Woodridge Park Pond Improvements, and ED -P5 Pond Improvements in the value of $246,495. STAFF RECOMMENDATION Approve the South Washington Watershed District agreements for the Cottage Grove PSCH Rain Harvesting System, Woodridge Park Pond Improvements, and ED -P5 Pond Improvements in the value of $246,495. 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, April 26, 2012 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Coordinated Capital Improvement System, Woodridge Park Improve ADMINISTRATORS COMMENTS ate w w w w w w w w w w w w w w w w w+ w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Project Agreements: PSCH Rain Harvesting nent, ED -P5 Pond Improvement H: \COUNCIL FORMS \COUNCIL 2012 \Council 5 -2 -12 \Council Action Form South Washington Watershed District Agreements.doc CITY OF COTTAGE GROVE MINNESOTA Background /Discussion The South Washington Watershed District (SWWD) developed a Coordinated Capital Improvement Program (CCIP) to provide for financial assistance to local units of government for water quality improvements. The grant will cover up to 35% of the total project cost with a maximum of 10% of grant funds applied to engineering and administration. CCIP grants are only available in the South Washington Management Unit. The City submitted three projects to the SWWD for consideration for the 2012 CCIP program. The three projects submitted and received are as follows: Public Safety /City Hall Rainwater Harvesting (BMP) = $29,575 The rain harvesting system captures stormwater runoff from the PSCH rooftops and recycles the runoff for use as on -site irrigation. Roof runoff recycling affords the City an innovative water conservation measure that will reduce the water system demands and ultimately the irrigation costs for the facility. As part of the project interpretative signing would be designed to educate the public on the process and provide for education on water conservation measures. Woodridge Park Water Quality Improvements = $46,040 The goal of the Woodridge Park water quality improvements is for treatment of 63 acres at an existing low point near the entrance to the park. The basin will also provide for improved wildlife habitat through the restoration of the area with native vegetation, as well as providing the City with a more aesthetic park entrance. ED -P5 Pond Improvements = $170,880 The project provides for water quality treatment of 82 acres. The treatment will provide for a reduction in pollutant discharges downstream. It is estimated that 26 pounds of phosphorus will be removed from the system. The total amount for the 2012 CCIP program to City of Cottage Grove is $246,495. The attached agreements outline the conditions of the grant and the value of award for each project. Recommendation: It is recommended to approve the South Washington Watershed District agreements for the Cottage Grove PSCH Rain Harvesting System, Woodridge Park Pond Improvements, and ED -P5 Pond Improvements in the value of $246,495. SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE City of Cottage Grove PSCH Rain Harvesting System 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, PSCH Rain Harvesting System Project, dated 2012, between South Washington Watershed District, 2302 Tower Drive, Woodbury, MN 55125, and The City of Cottage Grove, 7516 80 Street South, 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 of Cottage Grove, PSCH Rain Harvesting System Coordinated Capital Improvement project, will provide water quality treatment of stormwater runoff. THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable considerations, the SWWD and the City agree as follows: I. City of Cottage Grove RESPONSIBILITIES: A. Project Implementation. The City is responsible for installing and maintaining the Rain Harvesting System at the City PSCH facility. These improvements will provide storm water runoff volume control, increased infiltration, and water quality treatment. B. Funding. The City will provide funding in the amount of $240,425.00. C. Operation and Maintenance. The City will provide annual inspection and maintenance of the rain harvesting system through routine operations. D. Schedule. The City will complete the project by December 31, 2013. 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 3 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE City of Cottage Grove PSCH Rain Harvesting System Coordinated Capital Improvement Project II. South Washington Watershed District RESPONSIBILITIES: A. Funding. The SWWD will reimburse the City for total reimbursement not to exceed $29,575.00, upon completion of the project. Ill. 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. 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 3 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE City of Cottage Grove PSCH Rain Harvesting System 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" Street S Cottage Grove, MN 55016 CITY OF COTTAGE GROVE SOUTH WASHINGTON WATERSHED DISTRICT Myron Bailey Date Jack Lavold Date Mayor President South Washington Watershed District Board of Managers Ryan Schroeder Date City Administrator Approved as to form: Cottage Grove City Attorney Date Page 3 of 3 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE City of Cottage Grove Woodridge Park Improvement 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, Woodridge Park Improvement Project, dated , 2012, between South Washington Watershed District, 2302 Tower Drive, Woodbury, MN 55125, and The City of Cottage Grove, 7516 80 Street South, 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 of Cottage Grove, Woodridge Park Improvement Coordinated Capital Improvement project, will provide water quality treatment of stormwater runoff. THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable considerations, the SWWD and the City agree as follows: I. City of Cottage Grove RESPONSIBILITIES: A. Project Implementation. The City is responsible for constructing a water quality pond at the entrance of Woodridge Park. These improvements will provide storm water runoff volume control, increased infiltration, and water quality treatment. B. Funding. The City will provide funding in the amount of $85,500.00. C. Operation and Maintenance. The City will provide annual inspection and maintenance of the pond through routine operations. D. Schedule. The City will complete the project by December 31, 2013. 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 3 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE City of Cottage Grove Woodridge Park Improvement Coordinated Capital Improvement Project 11. South Washington Watershed District RESPONSIBILITIES: A. Funding. The SWWD will reimburse the City for total reimbursement not to exceed $46,040.00, 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. 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 3 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE City of Cottage Grove Woodridge Park Improvement 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 Street So. Cottage Grove, MN 55016 CITY OF COTTAGE GROVE SOUTH WASHINGTON WATERSHED DISTRICT Myron Bailey Date Jack Lavold Date Mayor President South Washington Watershed District Board of Managers Ryan Schroeder Date City Administrator Approved as to form: Cottage Grove City Attorney Date Page 3 of 3 L N N L t� O � � 1 I ' 1 4 i J i Art 4F 4 I t" r+ O lqt 0 00 n 0 L � L 0 Q 0 U 0 L C a L 0 W (A N 0 0 0 0 0 0 0 a a a a 0 0 0 0 a_ d d c- o ** e t r 4-a QD CD L m f OOOF o a, a L N CL 4j O CD Y.. LL LL C'I o a I t" r+ O lqt 0 00 n 0 L � L 0 Q 0 U 0 L C a L 0 W (A N 0 0 0 0 0 0 0 a a a a 0 0 0 0 a_ d d c- o ** e t r 4-a QD CD L m f SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE City of Cottage Grove ED -P5 Pond Improvement 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, ED -P5 Pond Improvement Project, dated , 2012, between South Washington Watershed District, 2302 Tower Drive, Woodbury, MN 55125, and The City of Cottage Grove, 7516 80 Street South, 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 of Cottage Grove, ED -P5 Pond Improvement 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: I. City of Cottage Grove RESPONSIBILITIES: A. Proiect Implementation. The City is responsible for implementing the project which includes re- directing the 82 acre drainage area into a water quality pond, the construction of an outlet control structure, and implementing pond discharge into an iron enhanced sand filter for additional treatment. These improvements to the ponds will provide storm water runoff volume control, increased infiltration, and water quality treatment. B. Funding. The City will provide funding in the amount of $317,350.00. C. Operation and Maintenance. The City will provide annual inspection and maintenance of the pond through routine operations. D. Schedule. The City will complete the project by December 31, 2013. 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 3 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE City of Cottage Grove ED -P5 Pond Improvement Coordinated Capital Improvement Project II. South Washington Watershed District RESPONSIBILITIES: A. Funding. The SWWD will reimburse the City for total reimbursement not to exceed $170,880.00, upon completion of the project. Ill. 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. 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 3 SOUTH WASHINGTON WATERSHED DISTRICT — CITY OF COTTAGE GROVE City of Cottage Grove ED -P5 Pond Improvement 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 SWWD 2302 Tower Drive Woodbury, MN 55125 City Administrator City of Cottage Grove 7516 80 Street S Cottage Grove, MN 55016 CITY OF COTTAGE GROVE SOUTH WASHINGTON WATERSHED DISTRICT Myron Bailey Date Jack Lavold Date Mayor President South Washington Watershed District Board of Managers Ryan Schroeder Date City Administrator Approved as to form: Cottage Grove City Attorney Date Page 3 of 3 of ' OodwAm city Cotta Grove I Mi � ' 1 Il Proposed Water Quality Treatment Area �} ;;,, } � �; ; � ; . � ; •gyp=. =, f , t F _ t / - Lin A ' C ` (( -F } r�k 5 1 4. f 1 { FP t is I 1g� aar n 3 + t i q ' f " �oDdk aagFi" -r - � Tie Into Existing Trail wa., rr 5 f I 1 z.i � 111 Doss x . ! s it i? A t 6D1! 0 L - � 44 , x 4 a A e SI, r. CD as `;` �. —� sa . -t oats ' ' tD t {. j l a *� ■� Rate Restriction 93.0 !, ° K �'!�'•` + 1 _840 - � �� 17\ � D Iii 890 s 'F ex --- =s9z Pond ED -P5 Pond and Trail Improvements a 7e 150 Figure 1 N NONE= + Feet March 2012 Existing Major 10 -ft Contour Existing Minor 10 -ft Contour Existing Storm Sewer Parcel Boundary Proposed Contours Proposed Stormsewer Proposed Draintile Proposed Trail Improvements Proposed Box Culvert and Wing Walls ---� 1N } t I Grading Around Proposed Box R Culvert and Trail Improvements g Has Not Been Identified at This Time r , DEM'ipeTial ssue$,& Pfbjects12011� oh Tp - 80th Street Bo ---� 1N } t I SUntec