06-666Council File # _ ��— l0l010
RESOLUTION
Presented By
Referred To
Committee: Date
1 WHEREAS, Capitol Region Watershed has tendered to the City of Saint Paul a Cooperative Construction Agreement to
2 provide payment 6y the City to the Capitol Region Watershed District the Citys share of costs of the Arlington/Pascaf
3 Stormwater Improvemeni Phase II; AND
4
5
6
7
8
9
10
11
12
13
W HEREAS, the City Councif of the City of Saint Paul has said proposed agreement before it and has given it careful review
and consideration; AND
WHEREAS, it is considered that the best interests of said Gity of Saint Paul, wil! be subserved by the acceptance of said
Agreement; AND
THEREFORE, Be It Resolved, that the proper City Officials be authorized to execute and approve on behalf of the City
of Saint Paul a Cooperative Construction Agreement, between the City of Saint Paul and the Capitol Regions Watershed
District, a copy of the Agreement being attached hereto and incorporated herein by reference.
Mont4omerv
Harris
Benanav
an ry
un�
os ro�
�
Yeas
✓
✓
✓
Green Sheet # 3031160
CITY OF SAINT PAUL, MINNESOTA
�
Absent Reques by Department of:
�_ ;ie��u (.VCC
� BY= �
Adopted by Council �Date �l.� v
Adoption Certified by Counci Secretary
Recommende by FS Direc or:
By:
Form Approved by City Attorney:
$ ` 1 ' / c%C',.Sd�t BY� /SfA. �. �-�
Approved By ayor. Date �_ L�—Q � Appro ed or for Submissio to Council:
B � ' ' ���� B Y � ,�, /. S//(/( �,0���_ `,�'
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheef Green Sheet
Pw n�bli�w��
Contacf Person & Phone:
Joseph Mueller
2G6&l49
Must Be on Council Aqen�
Conhacf Type:
AR-RESOLUTION W/� 7RANSACi70N
z�.�uri-os
v '
Assign
Number
For
Routing
Order
D�o '�o%�o
Green �heet �O: 3Q311 �0
0 ti'ublfc Woiks I }
1 iic W e anwenf A fan �
2 b6c Wocks D �nentDirecto .
3 tto
4 IFinanciat Services rSL
c�
$ �fav�r'S O�ce � � �
6 �Conndl �
�
Total # of Signature Pages _(Cfip AII LowSons for SignaW re)
AcEion Requested:
Approve Resolution authorizing City to enter into a Cooperative Construction Agreement with Capitol Region Watershed District to
conshuct the Arlington/pascal Stozmwater Impmvement Project - Phase II.
�tlatfons: Appro�e (A) or F
P4anning Commission
CB Committee
Ciul Senice Commission
(R):
7. Has this person/Srm e�er worked under a contract for this department?
Yes No
2. Has this persoNfirm e�er been a city employee?
Yes No
3. Does this persorJSrtn possess a skili not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach fo green sheet
inRiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ��
There aze continuing storm water flooding problemsin the Como Golf Course; the residenfal azea west of the golf course; and, on
Lazpenteur Avenue neaz Gotfried Pit. Falcon Heights, Ramsey County, Roseville and Saint Paui all coniribute storm water runoff to thi
azea.
Advantaqes IfApproved: .
Storm water flooding will be reduced or eliminated. Lake quality improvements-will be implemented
Disadvantages{fApproved:
None
DisaManfages If Not Approved:
Flooding will coatinue and lake quality improvements will not be implemented
iorai�vnountot �c�0,000
Tmnsacfion:
Funains source: Sewer Sen.ices Fund
Financial InfortnaEion:
(ECplain)
MustMswerthe
CostlRevenue Budge4ed: Y
Adivify �umber. Cp�27g30
June 28, 2006 1257 PM Page 1
�;�_ �6�
COOPERATIVE CONSTRUCTION AGREEMENT
Arlington Pascal Stormwater Improvement Project — Phase II
Capitol Region Watershed District and the City of Saint Paul
T`HIS AGREEMENT, made and entered into this day of ,
2006, by and between the CTTI' OF SAINT PAIJL, a municipal corporation under the laws of the State
of Minnesota, hereinafter referred to as "Saint Paul", and the CAPITOL REGION WATERSHED
DISTRICT, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as
"Capitol Region Watershed DistricY'.
WI'I'NESSETH;
WHEREAS, Saint Paul and the Capitol Region Watershed District haue been plauuing to bring
about storm water improvements in association with the Arlington Pascal Residenfial Street Vitality
Program, which program is generally bounded by Snelling Avenue on the west, Midway Parkway on
the south, Chelsea Street on the east and Hoyt Avenue on the north; and
WHEREAS, the improvement contemplates and includes the Arlington Hamline Underground
Storage Facility and the Como Golf Course Pond; and
WIIEREAS, storm water improvements have been identified in the "Como 7 Subwatershed
Analysis" report dated November 2, 2003 and prepared by Emmons & Oliver Resources, a copy of
which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, these storm water improvements are proposed on St. Paul pazk land adjacent to
the Arlington and Aamline intersection and between the 3'� and 11` fairways in the Como Golf
Course, See Exhibit "A"; and
WHEREAS, Capitol Region Watershed District is planning to conshuct these improvements;
and
WIlEREAS, the "Como 7 Subwatershed Analysis" report has identified these storm water
improvements to be paid for jointly under the following formula: Capitol Region Watershed District-
50%, the City of Saint Paul-3735%, the City of Falcon Heights-11.15%, the City of Roseville-1.45%
and Ramsey County-0.05%; and
WHEREAS, Capitol Region Watershed District is preparing plans and specificarions for the
above described improvement; and
WHEREAS, the Contractor employed by Capitol Region Watershed District (the Contractor)
shall co-insure Saint Paul; and
WI�EREAS, the above described improvement lies within the limits of Saint Paul and of
Capitol Region Watershed District; and
WHEREAS, the Capitol Itegion Watershed District Project Engineer, has on April 27, 2006,
Arlington Pascal Stormwater Improvement Project - Cooperative Construcrion Agreement
Capitol Region Watershed District 6/26/2006 Page 1 of 8
- o�����
prepazed an Engineer's estimate of the quantities and unit prices of materials and labor for the above
described improvement. On this estimate aze shown the specific items for the Arlington, Pascal Phase
II storm water improvements. Actual costs chargeable to Saint Paul will be 37.35% and based on the
Contractor's unit prices and the quantities conshucted. The total estimated costs for Arlington
Hamline Underground Storage Facility and the Como Golf Course Pond storm water improvements
are listed on Eachibit `B". A copy of said estimates (mazked E�ibit "B'� is attached hereto and by this
reference, are made a part hereof; and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes Sec. 471.59, Joint Exercise of Powers.
NOW THEREFORE IT IS HEREBY AGREED;
I.
Saint Paul, by this Agreement, pernuts and authorizes the Capitol Region Watershed District to
bid and award a contract, subject to approval of Saint Paul as provided herein, to construct the above
mentioned storm water improvements and related work within the corporate limits of Saint Paul, in
accordance with the plans and specifications approved by both parties. Capitol Region Watershed
District shall have lead responsibility in the hiring of an appropriate consultant and for administering
the contract with the consultant. All Consultant costs chazged to this Project must be supported by
proper documentation, including invoices. Capitol Region Watershed District agrees to establish and
maintain accurate, detailed and complete separate accounts and records xelating to the receipt and
expenditure of a11 costs incurred under this Agreement including all project documents, financial
records, supporting documentation, and the property records. These project accounts and records shall
be retained intact by Capitol Region Watershed District for at least six (6) years following the end of
the term of this Agreement. These requirements shall survive terminafion of this Agreement. The
Parties agree that each Party hereto, the Legislative Auditor, the State Auditor, or any of their duly
authorized representatives upon reasonable notice and during normal business hours, and as often as
they reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and
transcribe and books, documents, papers, or records, which are pertinent to the accounting practices
and procedures of the City and involve transactions relating to this Agreement. This right to audit will
extend far a muumuxn of six (6) yeazs from the expiration of this Agreement. This provision shall
survive terniination or expirarion of this Agreement.
II.
All construction pernuts for said improvements required by either party for work in its
corporate limits by the second party shall be obtained in accordance with applicable local law.
Arlington Pascal Stormwater Improvement Project - Cooperarive Construction Agxeement
Capitol Region Watershed District 6/26/2006 Page 2 of 8
/ � i � j
�'
All extra work orders or changes during the construcrion of said unprovements shall be subject
to approval, by change order in writing by both parties, prior to that construcrion.
N.
Saint Paul will compensate Capitol Region Watershed District for 3735% of the storm water
improvements actual costs as estimated in E�ibit "B", the estimated cost thereof being the amount of
$ 333,521. It is understood that the estimated cost will be adjusted when actual costs are determined,
and that Saint Paul will compensate Capitol Region Watershed District for Saint Paul's share of actual
costs attributable to the storm water improvement work to be performed under this Agreement.
All records and costs pertaining to the wark to be performed under this Agreement shall be kept
by Capitol Region Watershed District and Saint Paul in accordance with the established record keeping
and accounfing procedures developed by each party. Upon completion of the work, Capitol Region
Watershed Dishict will submit a payment request to Saint Paul, payable in full within sixty (60) days
of the billing date.
Costs incurred for Capitol Region Watershed District to prepare contract documents,
coordinate, inspect and monitor the construction work including engineering services, shall be equal to
10% of the actual conshuction cost.
V.
Maintenance and public safety will be the responsibility of Capitol Region Watershed District
until the final estimate has been executed.
VI.
It is further agreed that any and all employees of Capitol Region Watershed District and all
other persons engaged by Capitol Region Watershed District in the performance of any work or
services required, volunteered, ar provided for herein to be performed by Capitol Region Watershed
District, shall not be considered employees of Saint Paul, and that any and all claims that may arise
under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so
engaged, and any and all claims made by any third parties as a consequence of any act or omission on
the part of said employees while so engaged on any of the work or services provided to be rendered
herein, shall in no way be the obligation or responsibility of 5aint Paul. Each party agrees that it will
be responsible for its own acts, errors, and omissions and the results thereof to the extent authorized by
Arlington Pascal Stormwater Improvement Project - Cooperative Construction Agreement
Capitol Region Watershed District 6/26/2006 Page 3 of 8
d lo �(v�O�
law, and shall not be responsible for the acts of the other parties and the results thereof. The liability of
the City and Capitol Region Watershec3 District is governed by the provisions of the Mimiesota
Statutes Chapter 466. Each party warrants that it has an adequate self-insurance program in effect. The
Contractor wi11 co-insure the City and Capitol Region Wateished District. The parties shall comply
with applicable provisioas and requizements of
VII.
tlll previous a�eements regarding stormwater improvements shall remain in effect after the
improvements referred to in this Agreement are completed. This agreement shall have no effect on
these earlier maintenance agreements.
VIII
Both parties shall comply with the Minnesota Crovernment Data Practices Act, Minnesota
Statutes chapter 13, in administering data under this Agreement. The parties shall comply with
applicable provisions and requirements of Minnesota state law, and regulations including but not
limited to compliance with prevailing wage requiremenYs, federal iaw and regularions and of any
applicable local ordinances, all of which shall be considered a part of this agreement as though fixlly set
forth herein.
LY.
Upon completion of this project, Capitol Region Watershed District will own and jointly
maintain the facilities under a separate maintenance agreement. The provisions of Minnesota Statutes,
Sea 181.59, and of any applicable local ordinance relating to Civil Rights and Discrimination, shall be
considered a part of this Agreement as if fixily set forth herein. This agreement shall be effective on
the date of execution by a11 parties and shall remain in effect until the time fhe construcrion contract is
terminated by Capitol Region Watershed District. Any amendment to this Agreement must be in
writing and wi11 not be effecrive unril it has been executed and approved by the same parties who
executed and approved the Original Agreement, or their successors in office. With written agreement
of all parties, the Ageement may be ternunated at any time, with or without cause, upon 30 days'
written notice to the other parties. Termina6on must be by mailed or faa� notice to ali other parties. The
parties are not obligated to pay for any of the services that are provided after notice and effective date
of termination. However, any of the parties will be enriYled Yo payment, determined on a pro rata basis,
for services sarisfactorily performed to the extent that funds are auailable.
Arlington Pascal Stormwater Improvement Project - Cooperative Construction Agreement
Capitol Region Watershed District 6/26/2006 Page 4 of 8
o�o-blo�
X. RECTTALS
The recitals in this agreement (i.e. the WI�REAS clauses) are incorporated into the agreement and
constitute obligations and rights of the parties as if set forth herein.
IN TESTIMONY WFIEREdF, the parties hereto have caused this Agreement to be executed on
their behalf respectively by their proper officers thereunto duly authorized and haue caused their
corporate seals to be hereunto affixed as of the day and year first above written.
CITY OF SAIl�T PALTI,
By:
Mayor
By:
Directar of Public Works
By:
Director, Financial Services
Approved as to Form:
By:
City Attorney
CAPTTOL REGION WATERSHED DISTRICT
By:
President
Recommended for Approvai:
By:
Administrator
Approved as to Form:
�
Arlington Pascal Stormwater Improvement Project - Cooperative Construction Agreement
Capitol Region Watershed District 6/26/2006 Page 5 of 8
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EXHIBIT B-1
Estimated Costs far Consiruction of the Ariington Hamline Underground Storage Facility
Proie«ri�e k�+�vaswseom,w�arMww.o»ne�et
Oa+u cawo EMMONS
Laa6m St. Pmd, MHrbaNa & OLIYIEA
�+w� RESOURCfS
PmjeU U'9saiP6n+ Ar1in96a+Hamflns Untle�9round Seor� -
A�n06W t ..--_ . _ .'
Oab AP�N 25.1BY/
ToW
MNDOT RN. aseripdoa UNq 4uandb � Es�d
P�ies
M71Ch� \M1.TI.�i�� 1 Q 1 !�)CIW�M QY.(1M
Ft05.575
2705.607
2451.505
2457.509
2503.541
�.��
2503.541
2503.541
2503.541
250G.802
2508.602
2906.602
2506.BD2
�506.602
ZSU6.602
2511.515
2571.502
2571.541
2573.502
2573.502
2573.8Q2
2575.501
2575.502
2575.513
2575.519
E�ecavation arW hkW
SalvzBe azd Plxce
.oggrega� sacknu (cvl
Agprega0e Bedditq7 (CY)
t20', 5' x P, ALTZ,12ga., CMP Perfotated Ptpe and flttings
1Y F�PE Pipe
24" HDPE Pipe
36' I�PE Pipe
tr CMP Epww
24" CMP Risers
60" RC M2nto01e
60' RC Oiuersion SWcdue Manhads
Outlet Structure Manhole
Connect to Ezistin8 Stub
SWmiwaier Tr�trrmnt System 3tnwture
GeoF9xC� Fiqer Fabric, Type 11
Tree ReWacemeM (2.5")
TranspiaM Tfee
3iU fOnCe, MachinB 3liced
Siit Fm�ce. Heavy �u1y
Tentporary Rock ConstnfCl'qn ENrance
9eedtn9
Seed, Mizdxe 270
Mukh Materat. 3
O(sk Anchwing
C.Y.
C.Y.
C.Y.
C.Y.
LF.
LF.
LF.
lF.
Fath
FacYi
Each
Each
Each
�t
4S.
S.Y.
Each
EaCh
L.F,
L.F.
Each
Acre
Lbs
Ton
Acra
4.�30
3,340
1.975
225
849
19
25
15
1
9
t
1
1
2
7
1,445
1
1
410
435
i
0,3
60.0
i
0.5
$220.00
S2o.W
528.W
$54.00
1200.00
Su00,00
S�t.000.00
55.000.00
$B.00O.W
$t.00Q.00
$40�OOO.W
$1.50
5250.00
St00A0
$3. W
$3.50
��.�
$220.00
�.�
a,�.00
S45.W
$2.7W
$166,780
$3�
5T00
5810
$2�
2
t4.S00
54.000
SS,aao
$6.W0
$2,000
$40,000
$2�16t3
$250
$7W
$i,230
$1.523
$4��
$110
5150
5155
S23
Ariington Pascal Stormwater Improvement Project - Cooperative Construction Agreement
Capitol Region Watershed District 6/26/2006 Page 7 of 8
a�-���
i �.u: r :
Estimated Costs for Consirucfion of the Como Golf Course Pond
cvqaxna�
�
Lau6an
vm�ea�m,tm
o��
AbmeNMA
D97B
a�m� ra.� s�«m..c�ru��n a�
CRWD
56 Pad. �w�eso�a
CaiwGoXCauxPdfd
Aprii 27, �6
��
1
2
3
4
5
6
7
8
3
10
11
R
f3
14
15
16
t7
78
19
�
27
22
23
�
25
�
n
�
�
�
3t
�
�
34
33
�
37
�
3B
40
4S
42
A3
M
45
46
47
<8
48
50
Saivage ad RmsCW Fd+cet6amcades
Tenpaxy f�dc CauMicGaf Enha�e
SStt Fence
Oust Cpihd I Wate� Tmck
Vegafapon & Root Mat Renwvaf
Rercare Ctay 3frucAUes
Remw�e Rope 7ow Polos
Remove Imgafon System
Remove aad RenmtaM Erectrical 8ox
aem�.BarRCaca,�+
Remo�.e Manhole Skckdtte
HaM Wxed Riprap qass II
Asphak Pateh
Racrostua Wfb
ReinataR Existing Irti�ation Equipment
Flmush a�uf {rtswd 129" MH
120'tdF18as8 SI�
�20^ an+c�rer w;m c�s,g
Fumish and Insia1190" MH, Spedal
9D" MH Bme Slab
90" RA! Covarvrilh Casting
F�u�iah ard 04tfai! 77' MH
Fumish aM t�a114A" MH ouHetsWUUre
72' MH 8ase Sk+b
72" MH CorerwAh Casting
Fumish and tm� 60" MH
6ff' AAH B�e �b
6(t" fvUi Covar wAh Castfn9
Fumisi� and f,rAaN 36` 31tnce Gate
48' RCACIass ql Tiench Matall
96' RCP lag Ra�us Be�
35' RCP Shat Radius 8erd
36' RCP Claes III ltench Nstal!
30` RCPCIass 11! T�enchlnstaN
24" RCP Class 111 Tren�A MstaN
24" RCPCIass 111 Non-irench Insdd
fumish m+d f�tatl 48' Flared End Sec6on
48• 7ras� Gumd
8" PVC Pipe
8" Qate Vaive and Bpx
TrasM1 Rack fw 12" x 1fi Weir No1ch
Mola1izetion
Fiosion CaevW Blar�ket Category 2
Erosian CantW 8�anketCa�gory 3
Canmrn E�avalion a� Gradug
�'N MU�tif
SalvagefiTOps��t -
Fai'way Sodding
Rou9h Soddi^9
Tree Renwvai
iS
Fi1CN
LF
TRIPS
ACRE
LS
LS
LF
EACH
LF
EACH
CY
SY
lF
LF
LF
EACH
enncH
�
EACti
FACH
tF
EiCYi
EACH
EACH
Lf
EACIi
EACH
EACFf
LF
EACH
EACH
lF
LF
LF
Lf
EACH
64G1 i
LF
EACFI
EACl1
l5
SY
SY
CY
ACRE
SY
SY
SY
FALMi
i
i
4W
10
0.5
1
1
1500
f
5
7
f0
15
15
15�0
70
r
t
11
i
t
7
i
1
1
16
1
1
1
81
1
4
210
�4
239
sso
1
t
24
1
1
i
�o
A�0
177Q0
3
i05Q0
6600
945Q
36
SL
51,
S2.
St;
� FMMONS
& OLlVIER
RESOURCES
v . -
SB00
57,8�0
5090
33,9�
5375
53.000
53�600
��
57,500
5250
5500
S8(10
S3a0
5420
59,90U
$74,369
$2,59I
$2.714
$9.833
$1.729
57,551
53.234
53,000
56d9
5476
$4,320
5474
5758
57.006
St3.765
St,�13
52,1lI(J
523,9d0
S21t.i96
ST1,472
5743,�54
52,133
$1,604
528B
51.�0
5500
510,006
37.Si5
SB,575
561,950
$6.00Q
51Q5U�
546,500
W:\06 Projects�Como Lake ProjectslComo Subwatershed Intercom Flow�Arlington Pascal Consuvction 2006�Cooperarive Conshucrion Ageement Pha
II St. Paul.doc
Ariington Pascal Stormwater Improvement Project - Cooperarive Construction Agreement
Capitol Region Watershed IlistricY 6/26/200b Page 8 of 8