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06-657CouncilFile# �p, Green sheet # 3 l ya3 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By 2 � � 9 10 11 12 13 14 15 WHEREAS, the City of Saint Paul is the owner of Como Golf Cowse and park properiy at the southeast corner of the intersection of Arlington and Hamline Avenues; and WfIEREAS, the Capital Region Watershed Dish wishes to construct and maintain a storm water management and water qualiry improvement facility on the properiy at that location; and WEIEREAS, the Project has the ability to improve storm water management, which will benefit the golf course, and to improve the quality of the water which flows into Lake Como; and WHEREAS, the City and District wish to enter into an agreement For the construction and maintenance of such a facility; now, therefare, be it RESOLVED, that the Saint Paul City Council authorizes the proper City officiais to enter into the attached agreement with the Capital Region Watershed District to permit construction and maintenance of a storm water management and water quality improvement facility at Como Golf Course and the park property ai the southeast corner of Arlington and Hamline. �.Z Requested by Depariment oP Adopted by Council: Date Adoption Certified by Cou�cil Secr�3ry By: / V /. L /I�G.C�-�02 Approved byMayor. ate � " � By: l /L' � i Porm App� e by CiTy Att�ey n fi � By: (�[A/ / � Form Approve y Ma}ror for Submission [o Council g �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Ob -6�5'� � Departmentlo�celcound4: { Date initiated: y � pR - ParksandRecreation � 07-JUL-06 ( Green Sheet NO: 3031303 Contact Perso� 8 Phone: � Vince Gillespie �� 266-64�8 , Must Be on COUncil Agenda by (Date): � Assign Number For Routing Order Initial/Date �� '', ToWI # of Signature Pages �_ (Clip All Locations for Signature) Action Requested: Authorize the proper City officials to enter into an agreement with the Capitol Region Watershed District to construd and maintain a storm water and water quality wntrol facility at Como golf course RecommendaGOns: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contrect for this department? Yes No 2. Has this person/firm ever been a city employee? � Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet � Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � The CRWD (s working with the City to improve storm water management and the qualiry of water entering the storm water i system. A project is planned for Como golf course and the park property at Hamline and Arlington. An agreement betwee the City and CRWD is needed in order to approve the project. AdvanWpes If Approved: The project can be approved and started this year. Disadvantages If Approved: None Disadvantaqes If Not Approved: The project would have to be canceled or rescheduled at a higher price. �n addition, the storm water runoff management a quality improvements would be delayed. Total Amount of 0 Transaction: Funding Source: Financial Information: (Explain) ,1�� �'� Z��6 CosURevenue Budgeted: Activity Number: Council Researah ��nt+�� 06-657 ACCESS AGREEMENT BET'WEEN TF� CITY OF SAINT PAUL AND TfiE CAl'ITAL REGION WATERSHED DISTRICT WIiEREAS, 'Ine City of Saint Paul (hereafter "City") and the Capital Region Watershed Dishict (hereafter "DistricY') desire to construct and maintain a two part, interconnected storm water holding and trea�nent system that includes a pond (hereafter "Pond") within Como Golf Course and an underground storage facility (hereafter the Faciiity) on the City's Hamline/Arlington park property. The purpose of the system is to capture and treat storm water runoff which currently flows into Como Lake; and WHEREAS, The City desires to improve two golf holes on Como Golf Course where the proposed storm water storage pond is to be located, currently hole numbers 3 and 11. NOW, THEREFORE, in consideration of the mutual promises and agreements herein, City and District hereby agree as follows: THE CTTY AGREES : A. The City grants to the District, access to the City properry for the purpose of construcfing the Pond and Facility, as shown on the attached E�ibit A, "Final Construcrion Plans and Specificafions for the Arlington Hamline Underground Storage Facility and Como Golf Course Pond", attached hereto and incorporated herein by reference. B. The City grants to the District perrnanent Ponding Easement and temporary consirucrion easements, as shown on the attached E�ibit B, `Basement Plan", for the purpose of conshucting and maintaining the Pond and Facility, based on the Final Plans and Specifications. In the event the final Construction Plans and Specificafions used far consirucrion of the Pond and Facility are different than the Easement as agreed to by the parties and described in E�ibit B of this agreement, the Dish will be required to obtain additional, written, approval by the City of St. Paul Director of Parks and Recreafion. Upon complerion of construction the Disirict's contractor shall prepare an as build legal description for the Pond which shall become the legal description for the permanent easement. C. Execution of this agreement by the City constitutes approval of the Final Construction Plans and Specifications far the Arlington Hamline Underground Storage Facility and Como Golf Course Pond - Exhibit A, and any changes to said E�ibit A must be in written form and approved by the Director of Puks and Recreafion. 2. THE DISTRICT AGREES: A. The District sha11 not start the project until this Agreement has been fully executed by both parties and has received written authorizatian from the Director of Parks and Recreation. B. That it shall receive written authorization to proceed from the City for the Pond and Facility prior to construcrion. The City shall have ten (10) working days from the date the Dishict submits its request to commence construcfion to approve or disapprove the fX request. If the City does not disapprove the request within ten days, it shall be deemed to have approved the request and the District may proceed with construction. The District shall conshuct the Pond and Facility according to Eachibit A. C. With the exception of City authorized mobilizarion activities, the project shall start not eazlier than August 14, 2006 D. That it shall notify the City at least three (3) days in advance of commencing cons�uction. E. That it shall secure all permits required for the conshucrion. That it shall not assess the City of Saint Paul, Division of Parks and Recrearion, for any costs of construction or maintenance. G. That it shall maintain the Pond and Facility according to the following requirements: i. The outlet sh and pipe shall be cleaned and maintained annually and all obsh�uctions shall be removed within 24 hours. ii. In the event of a storm event up to and including the ten year frequency, 4.2 inches within 24 hours, which zesults in turf damage, the turf shall be restored to City specificafions as provided by the City. iii. The District shall annually clean and maintain the diversion structure controlling the water flow into the Pond. iv. The Dishict shall bi-annually remove from the Pond any noxious or invasive weeds or any other vegetation reasonably deemed unacceptable to the City. v. The District shall maintain the pond depth according to the specificarions provided by the DistricY s engineer. vi. The Bishict shall restore the Pond in case of damage caused by the failure of the Pond system H. The District shall immediately repair the Pond system in the event of its failure. Access to the golf course for this purpose shall be coordinated cvith the City. L The District shall be responsible for any damage to the golf course, and shall be responsible for lost revenues due to failure of the Pond drainage system which make the course unplayable. That, except in the case of emergency maintenance, it shall notify the City at least three weeks in advance of any planned maintenance activity. The City shall have the right to require the District to schedule the maintenance so that it does not interfere with the operarions of the golf course. K. The District agrees to restore all golf course features and components damaged by construction of the pond or Pond maintenance to standards set by the City. L. The Dis�ict sha11 restore the Park at ArlingtonlHamline to specifications as provided by the City, as set forth in Exhibit A, attached hereto and incorporated herein by reference. The City and the City's golf course architect consultant shall have no responsibility for addressing subsurface environnaental, off-site drainage, storm water run-off, pipe sizing or wetland delinearion as these are the responsibility of the District. �c�-�5� M. The District agrees to construct the pond and improve the golf holes according to the plans provided by the Ciry's golf course architect and incorporated into the overall plans provided by District's engineering contractor. I3. In the event that the consh�ucrion of the golf course work has not been completed by October l, 2006, Dishict shall pay the City �3,333 for each day of non-completion through Tuesday, October 31, 2006, and then effective Monday, April, 2, 2006 unril completion, shall pay �3,333 for every day that the construcrion is not completed. i. Written requests for time extensions due to weather may be submitted to the City and, if approved, shall be formally granted and documented by written approval. Lf the 77istrict does not diligently pursue the complerion of the project, the City will have the right to take action for damages caused by the delay in construction. The liquadated damages provision is intended as a reasonable estimate of the Caty's damages caused by the DistricYs failure to complete the work by the completion date and as a settlement of actual damages that might arisa because of such failure. The parties agree that these dasnages are reasonable, beaz significant relafion to the actual damages which the City might sustain, which damages District and City would agree would be uncertain and difficult to prove, and is not a penalty for the DishicY s failure to perform. O. That all work on the Pond project shall end by November 15, 2006 so that the City's ski facility can be set up for the 2006f2007 season. The construction site must be secured during construction operations so as to ensure that no golfers or users of the park could wander into the construcrion zone. Q. The project should be designed so that golfers and park users are warned of any Imown hazards. R The General Construction Contractor, or the subcontractor who will be responsible for complering the golf course work, shall be required to have the prior experience of having been the Prime Contractor on conshuction of at teast three (3) new nine-hole golf course projects or three (3) complete nine-hole golf course renovarion projects in the past four years equal to the standards, quality, and requirements of the City's architect's plans. S. The golf course work shall include the final shaping and grading, construcrion of tees and bunkers, seeding, sodding and installarion of sub-surface drainage on holes No. 3 and 11. T. The irrigafion subcontractor shall be required to have the prior experience of having installed at least three (3) new nine-hole golf course irrigation projects in the past four years equal to the standards, quality, and requirements of the Architect's plans. 3. INSURANCE: A. District shall provide Commercial General Liability Insurance including blanket contractual liability coverage, personal injury liability coverage and broad form properry pt�-�51 4. � damage liability endorsement with a combined single limit ofnot less than 51,000,000 per occurrence shall be purchased by the District. Such insurance shall: (1) name the City of Saint Paul as addirional insured; (2) be prlmary with respect to City's insurance or self-insurance; (3) not exclude expulsion, collapse and underground properry damage; (4) be written on an"Occurrence" Form policy basis; and (5) not contain an"aggregate" policy limit unless specifically approved in writing by City. Dishict shall provide Worker's Compensarion Insurance with not less than statutory nunimum limits; and Employer's Liability Tnsurance with minimum limits of at least $100,000 per accident and with an all states endorsement. C. The District shall assure that the City, its officials and employees are named as addirional insureds on all certificates of insurance xequired by the District of its contractors for consirucrion of the Pond. INDEMNIF'ICATTON: The District agrees that it shall defend, indemnify, and hold the City, its officers, agents and employees, including its golf course architecUconsultant, hartnless from any claims, suits or causes of action caused by or arising out of activities, actions or inactions of the Dish its agents, contractors or employees in the construction of the Pond. Nothing in this provision shall be deemed or constitute a waiver by the Dish of any of its statutory or common law defenses, immunifies or limitarions of liability. 5. NON-DISCRIMINATION. Dishict will insure that all conh who perform work on the project will not discriminate against any employee or applicant for employment for work under this Agreement because of race, creed, religion, color, sex, sexual or affecfional orientarion, national origin, ancestry, familial status, age, disability, marital status, or status with regazd to public assistance and will take affirniarive steps to ensure that applicants aze employed and employees are treated during employment without regard to the same. 6. COMPLIANCE WITH APPLICABLE LAW. District agrees to comply with all federal, state, and local laws or ordinances, insofar as they relate to the Dish performance of the provisions of this Agreement. It shall be the obligation of the District to apply for, pay for, and obtain all pernuts and{or licenses required/ NOTICES. Any notice or communicafion to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Return Receipt Requested, and shall be addressed as follows: To City: Vince Gillespie 300 City Hall Annex 25 East Fourth Street Saint Paul, MN 55102 To Dish�ict: Mark DoneuY, Administr Capitol Region Watershed District 1410 Energy Park Drive, Suite 4 Saint Paul, NIlV 55108 IN WITNESS WHEREOF, the parties have set their hands the date first written above. ot�- l�'S� CITY OF SAINT PAUL CAPTTAL REGION WATERSHED DISTRICT Mayor City Clerk Approved as to form: Director of Financial Services Assistant City Attorney Director of Parks and Recreafion