06-657CouncilFile# �p,
Green sheet # 3 l ya3
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
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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.
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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
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Porm App� e by CiTy Att�ey n
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By: (�[A/ / �
Form Approve y Ma}ror for Submission [o Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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� 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):
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Assign
Number
For
Routing
Order
Initial/Date
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'', 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
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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.
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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
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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.
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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