5.d) Approve Revised Agreement with Carnelian Marine St. Croix Watershed District for Lilleskogen Park Improvements Meeting Date: 6/16/2009
Agenda Item: C' '�i
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City Council Agenda Report
City of Scandia
14727 209`�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approved revisions to a cost-sharing agreement with Carnelian-
Marine-St. Croix Watershed District (CMSCWD) for their
contribution of$7.500 for design and construction of a water control
structure in Lilleskogen Park.
Deadline/ Timeline: N/A
Background: • At their April 6 meeting, the CMSCWD Board preliminarily
agreed to provide $7,500 for the project. An agreement was
prepared by staff of both agencies and approved by the City
Council at the April 16, 2009 meeting. Following approval by the
Council, staff presented it to the CMSCWD Board, which asked
for several changes to the agreement.
• T11e agreement showing the requested changes (deleted language
crossed out) is attached. The changes are minor and have been
reviewed by the City Attorney.
Recommendation: I recoinmend that the Council approved the revised agreement.
Attaehments/ • Revised Cost-Sharing Agreement (redlined)
Materials provided:
Contact(s): Jim Shaver, CMSCWD Administrator(651
43;-2150)
Prepared by: Anne Hurlburt, Administrator
(I,illeskugen agreement CMSCW[))
Page 1 of 1
06/1 1/09
���d-I�-(;'r—,--��;=��i ^ "�m�`:4-AGREEMENT
CARNELIAN-MARINE-ST. CROIX WATERSHED DISTRICT
AND CITY OF SCANDIA, MINNESOTA
This agreement shall be effective on the day of , 2009,by and
between the Carnelian-Marine-St. Croix Watershed District, hereinafter referred to as
"CMSCWD" and the City of Scandia, a municipal corporation located in the County of
Washington, State of Minnesota, hereinafter referred to as "City".
In consideration of the covenants and agreements, hereinafter set forth, it is mutually agreed by
and between the parties hereto as follows:
1. Project. The City will undertake the project, to be known as "Lilleskogen Park Water
Control Structure", as described below:
Design and construction of a water control structure for the purpose of restoring a
degraded wetland in Lilleskogen Park, located at the southeast corner of State
Highway 97 and County Road S2 (Oakhill Road.) The project will be conducted in four
tasks. Tasks one through three (data collection/field visit, water control structure
design and permitting) are described in the scope of professional services provided by
SRF Consulting Group, Inc. dated April 16, 2009 which is attached to this agreement
as "Exhibit A. " Task 4 will consist of bidding and construction of the water control
structure.
2. Project Budget and Cost Participation. The total project budget is $25,000.
CMSCWD will contribute $7,500 towards the cost of the project. CMSCWD agrees to
pay to the City the full amount of its share of project costs upon approval of the
CMSCWD permit for the water control structure (completion of task three of the
project.)
3. Maintenance of Project. The City shall ^�•��*�-���* ��a maintain the project during its
effective life, a minimum of 10 years. Should the City fail to do so, the City is liable to
CMSCWD for the full amount of the financial assistance received for the project unless
a failure of the project was caused by reasons beyond the City's control�€
,
Any future replacement practice(s), or additional improvements or restoration of
wetlands at the site shall be planned and installed in accordance with the rules of the
CMSCWD.
4. Recognition of CMSCWD Participation. The City agees that the contributions of
CMSCWD toward the project shall be acknowledged in project signage, if such signage
is placed on the site as part of future improvements to Lilleskogen Park.
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5. Indemnity. The City agrees that it will defend, indemnify, and hold harmless
CMSCWD and its employees, officers, volunteers, and agents against any and all
claims arising out of the City's performance or failure to perform its obligations
pursuant to this agreement. CMSCWD agrees that it will defend, indemnify, and hold
harmless the City and its employees, officers, volunteers and agents against any and all
claims arising out of CMSCWD's performance or failure to perform its obligations
pursuant to this Agreement. Nothing herein shall be construed to waive or limit any
immunity from, or limitation of liability available to either party, whether set forth in
Minnesota Statutes Chapter 466 or otherwise. Notwithstanding any other provision of
this agreement, the City shall not be not be required to pay any amount in excess of the
limits on liability established by Minnesota Statutes, Chapter 466.
6. Insurance. The City and CMSCWD agree to maintain general liability insurance in
the minimum amount of$1,000,000 b � '
����+��»�� � •�a��r+'��� ^�� � ��,+. Upon request, the City and CMSCWD will provide
to the other party a certificate of insurance verifying that the insurance policies required
by this agreement are in effect.
7. Independent Contractor. Nothing contained in this Agreement is intended or should
be construed as creating the relationship of employer and employee between
CMSCWD and the City. No tenure or any rights or benefits, including workers
compensation, unemployment insurance,medical care, sick leave,vacation leave,
severance pay, PERA, or other benefits available to City employees shall accrue to
CMSCWD or employees of CMSCWD performing services under this Agreement.
8. Notices. Any notice or demand which must be given or made by a party hereto under
the terms of this agreement shall be in writing and shall be provided to the parties by
U.S. Mail at the addresses listed below:
To City: Anne Hurlburt, City Administrator
City of Scandia
14727 209�' St. N.
Scandia, Minnesota 55073
To CMSCWD: Jim Shaver,Administrator
Carnelian-Marine-St. Croix Watershed District
Box 188, 21150 Ozark Ave N.,
Scandia, MN 55073
9. Completion. Work for tasks one through three of this project will be performed by
November 1, 2009 unless circumstances beyond the City's control keep it from
completing the project. Task 4 (bidding and construction of the water control structure)
shall be completed by July 1, 2010 unless circumstances beyond the City's control keep
it from completing the project.
10. Amendment. This agreement may be amended only in a written document signed by
both parties.
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1 1. Entire Agreement. It is understood and agreed that this is the entire agreement
between the parties and that this agreement supersedes all previous written and oral
agreements between the parties relating to the subject matter.
12. Severability. Every section, provision or part of this agreement is declared severable
from every other section, provision or part thereof to the extent that if any section,
provision or part of this agreement shall be held invalid by a court of competent
jurisdiction, it shall not invalidate any other section, provision or part thereof.
City of Scandia, Minnesota (City) Carnelian-Marine-St. Croix Watershed
District (CMSCWD)
By: By:
Mayor
Date: Date:
By:
City Clerk/Administrator
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