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HomeMy WebLinkAbout2012-09-05 PACKET 04.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 9/5/2012 PREPARED BY Administration Ryan Schroeder ORIGINATING DEPARTMENT DEPARTMENT HEAD COUNCIL ACTION REQUEST Consider approving the agreement with the South Washington Watershed District for ED -P5 Pond improvements — 80th Street Box Culvert Project. STAFF RECOMMENDATION Approve the agreement. SUPPORTING DOCUMENTS ® MEMO /LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Agreement. ADMINISTRATORS COMMENTS , z Date COUNCIL ACTION TAKEN: [ ❑ DENIED ❑ OTHER Document2 City of Cotta Grove Minnesota To: Honorable Mayor and City Council Members From: Ryan R. Schroeder, City Administrator Date: August 17, 2012 Subject: 80 Street Box Culvert On August 1, 2012 the City Council authorized an August 30, 2012 bid date for the 80 Street box culvert project. The Council memo and exhibits showing the project location is enclosed for your review. On August 14, 2012 the South Washington Watershed District authorized an agreement with the City to construct and fund the project. The SWWD approved agreement is enclosed for your consideration. Agreement terms are very straight forward. The City will bid and manage the project. The City is responsible for costs not to exceed $87,000. The SWWD is responsible for costs not to exceed $1,925,000. The engineers estimate for this project is $1,644,570. A subsequent agenda item will be presented for the bid award for this project. Council Action: By motion authorize the Mayor and City Administrator to enter an agreement with the SWWD for the 80 Street Box Culvert project (ED -P5) SOUTH WASHfNGTON WATERSHED DISTRICT CITY OF COTTAGE GROVE City of Cottage Grove ED -P5 Pond Improvements- &O Street Box Cutvetl 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 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 of Cottage Grove ED -P5 Pond improvements, will provide' water quality treatment of stormwater runoff, reduce erosion, increase rate control and provide emergency overflow capacity at 86'" Street. 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 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 fitter for additional treatment. These improvements to the ponds will provide stormwater runoff volume control, increased infiltration, and water quality treatment. Additional pond improvements will include increased storage and rate control through the construction of a berm and control structure. This will control the rate of flow under 8e street allowing for the construction of an emergency overflow to preserve 8e street function. The emergency overflow will consist of a 10'x12' box culvert. B. Funding. The City will provide funding in the amount of not to exceed 87 000.00. C. Operation and Maintenance. The City wilt provide annual inspection and maintenance of the pond, outlet and overflow through routine operations. D. Schedu The City will complete the project by December 31, 2013. Extension of the seheduled completion date may 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 LACGprojedslED- P5 80th street. projectkCottage Grove ED -P5 Pond Improvements-80th St Agreement.docx. SOUTH WASHINGTON WATERSHED DISTRICT —CITY OF COTTAGE GROVE City of Cottage Grove ED -P5 Pond Improvements -80 Street Box Culvert 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 $7,925.000.00 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, jointventure, 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, includingr 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 state 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. Recor - availab 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 Page 2 of 4 L TGprojectstED- P5'&oth street projectiCottage:Grove ED -P5 Pond Improvements -80th St Agreemerd.docx. SOUTH WASHING'T'ON WATERSHED DISTRICT CITY OF COTTAGE GROVE City of Cottage Grove ED -P5 Pond Improvetnents -$0 ° i Street Box Culvert Project 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 mall 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 Grave 2302 Tower Drive 7716 80 Street S Woodbury, MN 55125 Cottage Grove, MN 55016 Page 3 of ;4 L1CGprojectsTD -P5 Both street projeetlCotlage:Grove ED -PS Pond improvements- 90th : St Agreement.docx SOUTH WASHINGTON WATERS14ED DISTRICT -- CITY OF COTTAGE GROVE City of Cottage Grove ED-P5 Pond Improvenients-80"' Street Box Culvert Project Myron Bailey Date Mayor Ryan Schroeder Date City Administrator Approved as to form: Cottage Grove City Attorney Date e�6ire, Secretary Date ishington Watershed District Managers Michael Madigan, Treasurer Date South Washington Watershed District Board of Managers Page 4 of 4 EIMMUNMEM t 1k Lavold, President outh Washington Watershed District Board of Managers LACGproJects1ED-P5 801h street projectkCottege Grove ED-P5 Pond linprovernerns-80th StAgreement.docx From: Jennifer M. Levitt, P.E., City Engineer Date: July 23, 2012 Re: 80 Street Box Culvert and Pond ED -P5 Water Quality Improvements Approve Plans and Specifications Establish Bid Date Background: The 80 Street Box Culvert project is a direct result of a Council approved mediation agreement that took place between the South Washington Watershed District (SWWD), Washington County and the City of Woodbury in May of 2010. The mediation was a result of a boundary dispute centered on how the Lower St. Croix Watershed Management Organization area should be redistributed and managed. As part of the agreement Cottage Grove agreed to allow improvements to be made in the Central Draw sub - watershed district to accommodate additional interim stormwater flows from the northern part of the watershed district until the final outlet discharge route can be completed to the Mississippi River. As part of the agreement timelines were placed on various improvements that must take place to facilitate the ultimate outlet to the Mississippi River. The first component that is required to be constructed is the 80 Street Box Culvert. The SWWD is responsible for a majority of the proposed work. The project is being designed and constructed by the City on behalf of the SWWD. The final financial agreement will be before the Council on September 5, 2012, which will outline the ultimate financial reimbursement to the City. The SWWD Board will be taking action on the agreement at their August Board meeting. In addition to providing for the necessary conveyance of water, it also offers a significant safety benefit for pedestrians by eliminating an at -grade crossing of 80 Street. The Public Safety Commission reviewed this item on June 19, 2012 and supported the improvement. The project also provides for water quality improvements in the construction of the ED -P5 basin. The Environmental Commission reviewed the proposed improvements on June 19, 2012 and supported the project. A neighborhood meeting was held on June 14, 2012 in which four residents attended from two properties. There were no significant issues presented by the residents. Residents along the trail corridor of the West Central Ravine were invited to the meeting. Discussion: Plans and Specifications Plans and specifications have been prepared in accordance with the City standards and specifications. The engineers estimate for the improvement is $1,664,570. Funding for this project will be from South Washington Watershed District, MSA, water utility, and storm water utility. Bid Date An August 30, 2012 at 10:00 a.m. bid date will provide ample time to provide required notification to contractors. 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