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Home My WebLink About4H, Rice Creek Watershed District Cost Share Agreement - 2011 PMP� EN HILLS Request for Council Acti�on Prepared By: Kristine Giga, Civil Engineer CoUncil Meeting Date: June 27. 2011 Rice Creek Watershed District Cast Share Agreement- 2011 Pavement Managearinent Program Budgeted Amount: ActuaI Amount: Funding Source: $42,Ofl0 $42,000 $21,000- Surface Water Management $21,000- Rice Creek Watershed Distr'rct Recommendation: Accept cost-share funds from the Rice Creek Watershed District and appro�e the cost-share agreement for stormwater improvements in the 2011 Pavement Management Program. Su ortin Documents: • Memorandum dated June 27, 20i I from Civil Engineer Kristine Giga. • Rice Creek Watershed Distr�ct Cost Share Agreement. � EN HILLS MEM4RANDUM DATE: June 27, 2011 TO: Honorable Mayor and City Council Members Patrick Klaers, City Administrator FROM: Krisiine Giga, Civil Engineer SUBJECT: Rice Creek Watershed District Cost Share Agreement for the 20ll Pavement Management Program Back�round/Dis cussion In March, staff applied for funding from the Rice Cree� Watershed District (RCWD) thra�gh its 2011 Urban Stozmwater Remediatian Cost-Share Program. This funding is avazlable to assist m�aicipalities located within the RCWD to incorparate water quality improvement Best Management Practices (BMPs} into redevelopment, roadway and storm sewer irnprovement projects in 2011. Only storm water improvements that are not part of a RCWD perrnit requirement are eligible far this f�nding. The RCWD Board reviewed the City's application and appraved this project for funding at iheir May 25 Board meeting. A copy of the cost-share agreement is included in this packet. The Ciiy At�orney reviewed the agreement and did not have anq commenis. Improvements are proposed in two areas that woi�td be eligible for cost-share dollars. The first is the canstruction of an EcoSiorm structure, or grit chamber, on Nizrsery Hill Lane. This will allow for suspended solids to settle out in the structure prior ta storm water discharging to Karth Lake. In the existing storm sewer system, pre-treated wa#cr that has filtered tl�rough wetlands mi�es with nFnoff directly from the street prior io dischaxging to K�rth Lake. The proposed system will separate the pre-treated water from the street runoff. New pipe wi�l be constructed ihat will allow the pre-treated water to be diverted directly to the lalce, whil� the street runoff w-ill be direcied to the EcaSiarm structure for treatment, prior to discharging into Karth Lalce. The second i�nprovement is th.e construction of an outlet conirol siructure in the wetland on ihe north side of Nursery Hiil Court. The existing outlat is a 12" pipe that easi�y clogs witY� leaves and debris, restricting ihe flow leaving the vvetland. With the outlet coni�ol structure, the flow will still leave the wetland via a pipe. The outiet controI structure vvili be constructed in a method that, during srnall storm events, wiIl detain water in the wetland a little longer than it does in existing conditions, �vhich will allow for improved City Council Meeting IlMetro-inet.uslardenhi�lslPR&PW1EngineeringlCouncil Actions12Q1116-27-11Mema RCWDCostShare 2011.doc Page I of 2 water quality treatment through the wetland. However, in higher rain events when the wetland f lls, there is also an overflor�v tihraugh the top of the sinicture, which provides additional protection to the neighbor�ng praperties. Financial Imulications The RCWD cost-share is a 50% ma�iz�nu�n. The estimated costs submitted with the applicatian were $60,332, for a maximum contribution of $30,166. Since the application was submitted, ihe City work�d throt�gh the RCWD pernzit process. It was determined tha# additionai improvements were needed to meet the minimurn. requirements. The revised project costs that are considered above and beyond the permit requirements and are eligibie for the cost-share are approxirnately $42,OQ0. RCWD's contribution would then be capped at $21,000. The City's portion of these project costs is funded from the Surface Water Management Fund. Council Action Requested Accept cost-share fiulds from tk�e Rice Creek Watershed District and approve the cosi- share agreement for stonmwater improvements in the 201 � Pavement Management Program. Ciiy Council Meeting 11Metro-inet.uslardenhillsll'R&PWl�ngineeringlCouncil_Actions1201 i16-27-I 1Memo RCWDCostShare 2411.doc Page 2 of 2 � RICE CREEK WATERSHED DISTRtCT COST-SHARE AGREEMENT C05T-SHARE AGREEMENT between t�e Rice Creek Watershed �istrict, 4325 Pheasant Ridge Drive NE, Suite 611, Blaine, Minnesota 55449 and the City o#Arden Niils. RECf�A1S A. City of Arden Hills {City) intends to construct a projEct "2fl11 Paverr�ent Management Project" �"Project"). B. The Rice Creek Waters�ec! District (Districtj �ias a cast-share program for #he impro�ement and rernediation of stormwater management systems in developed urban environrnents. C. ln accordance with �rogram guldelines, the District desires to pr�vide the City cost- share assistance for the Project. THEREFORE, in consideration of mutual prorrtises se� forth 3�e�ein and other good and valuabEe consideration, tMe District ar�d the Cfty agree as follows: I. CITY RESFONSiBLITiES. A. Qesign Pians and Mai�tenance Plan. The City will submit ��} final Project plans and specifications and t2) a maintenance ��ar�, including a draft maintenance agreerr3ent between the Giy and indi�idual landowners, to the District for the Administrator s written approval. 8. Construction ar�d Maint�r:a^4e. `�E�� City, thraugh i#s own pe�son7el ar�� r c��t�dcto�s, will construct the Project in accordance with the a{�pro�ed Project pfans and specifications and maintain it indefinitefy in accordance with the appro�ed maintenance plan. ln doing so, the City wil� cor�ply with ai( applicabfe Iaws and reguiatians and wi!! be responsibEe far acquiri�g a!1 permits, approvals and temporary and permanent rights of access or easement. C. Corr�pfietion af Co�struction. TE�e City staff or consulting engineer will certi#y the compEetion of Project construction witF�in 24 months from the effecti�e date of this agreement. T�e City wilfi submit to the Qistrict documen�a#ion of Project expenditures and the certificatior� o# tompietion_ II. DISTRICT RESPONSIBiLfTIES. A. Cost-Share Funds. To defray the Project cost to the City, the pistrict wili �ro�ide t�e City cost-share assistance in the amnunt of 50 percent of the P�aject's eitgible costs, as cietermined by the District, no� to exceed $30,165.00. B. Payment Scheciule. On District appro�al of the Project plans and specifica#ions and mai�tenance plan, certification by the City that it has obtained aEl necessary perrnits artcf approvals inc9uding a pistrict permit for Project, a�d receipt of the City's issued notice to �roceed, the District wilE disburse 50 percent of the RCWD Board approved cost-share arnount r to the City. On District receipt af the certification of cornpletior�, cfose-aut of �he District permit for the Praject, and re�iew af such Project documentation as it rriay req�ire, �he District will disburse the remainirtg RCWD Board a�pro�ed f�nds_ C. Contingencies. The District's obGgation to prp�ide cost-share €unds is car�tingent on the City's compliance with the terrr�s of t�is agreement, including but not fimited to Project compfetion in accordance with the �istrict-approveci plans and specifications within 24 months. Tt�e City will return to the District any cost-share funds already recei�ed if this concfition is not satisfied. 1i1, MlSCELLANEQUS. A. Relationship of Par�ies. Nothing in t�is agreement creates or establishes a partr�ership, joint ve�ture or agency reiationship 6etwee� thE parties. District re�iew or appro�al of design pla�s and specifications, a rnaintenance plan and any other Project-relatecf documents is so[ely for the pistrict's own accounting for funds expended. As between the �arties, the City is svlely responsible for selection o# the Project design and the rneans, �ethod and manner of constructior�. Nothing irt this agreement creates any right in any third party or affects ar�y immunity, defense or liability limitation enjoyed by either party. B. Em�loyees. The City represer�ts that it has or will secure, at its own expense, aEl personnel and/or contrattors required for the perfarmar�ce o{ this agreement_ No City personnel-or contracior wil! be considered an agent, repres�ntative or empfoyee of the District. C_ Lfability. 7he City agrees to hold harmless and indemnify the pistrict, and its rnanagers, staff and representa�i�es, against any clair�, expense or darnage, including attorney fees, arising from the performance of this agreement. D. Assignment or Moelification. �his agreernent binds and in�res to the ber�efit o# the City and ti�e District, ar�d their respecti�e successors and assigns. Neither party may assign this agreement without the priar written consent of the att�er. Any modificatian of the agreernen# must be in writing ar�d signed by both parties. E. This agreement is effecti�e as of the date a!E of i�e signat�ares below have been provided. Dated: 20�1 City o# Arden Hilis �Y= Its: Dated: _ . Y� � ` � � 2011 � ��. Rice Creek Watershed Qistrict -� '� �_:� " G- sy: / Patritia Pre+ner, President Baard of Managers 2