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HomeMy WebLinkAboutContract 2120~. ~ ~ ~ RICE CREEK WATERSHED DISTRICT COST-SHARE AGREEMENT COST-SHARE AGREEMENT between the Rice Creek Watershed District, 4325 Pheasant Ridge Drive NE, Suite 61 1 , Blaine Minnesota 55449 and the City of Columbia Heights. RECITALS A. City of Columbia Heights (City) intends to construct a project on Silver Lake beach ("Project"). 8. The Rice Creek Watershed District (District) has acost-share program for the improvement and remediation of stormwater management systems in developed urban environments. C. In accordance with Program guidelines, the District desires to provide the City cost-share assistance for the Project. THEREFORE, in consideration of mutual promises set forth herein and other good and valuable consideration, the District and the City agree as follows: I. CITY RESPONSIBLITIES. A. Design Plans and Maintenance Plan. The City will submit (1) Project plans and specifications and (2) a maintenance plan to the District for the Administrator's written approval. B. Construction and Maintenance. The City, through its own personnel and or contractors, will construct the Project in accordance with the approved Project plans and specifications and maintain it indefinitely in accordance with the approved maintenance plan. In doing so, the City will comply with all applicable laws and regulations and will be responsible for acquiring all permits, approvals and temporary and permanent rights of access or easement. C. Completion of Construction. The City staff or consulting engineer will certify the completion of Project construction within 24 months from the 2120 1 t effective date of this agreement. The City will submit to the District documentation of Project expenditures and the certification of completion. II. DISTRICT RESPONSIBILITIES. A. Cost-Share Funds. To defray the Project cost to the City, the District will provide the City cost-share assistance in the amount of 50 percent of the Project contract, not to exceed $35,490. B. Payment Schedule. On District approval of the Project plans and specifications and maintenance plan, certification by the City that it has obtained all necessary permits and approvals, and receipt of the City's issued notice to proceed, the District will disburse 50 percent of the RCWD Board approved cost-share amount to the City. On District receipt of the certification of completion and review of such project documentation as it may require, the District will disburse the rest of the funds. C. Contingencies. The District's obligation to provide cost-share funds is contingent on the City's compliance with the terms of this agreement, including but not limited to Project completion in accordance with the District-approved plans and specifications within 24 months. The City will return to the District any cost-share funds already received if this condition is not satisfied. III. MISCELLANEOUS. A. Relationship of Parties. Nothing in this agreement creates or establishes a partnership, joint venture or agency relationship between the parties. District review or approval of design plans and specifications, amaintenance plan and any other Project-related documents is solely for the District's own accounting for funds expended. As between the parties, the City is solely responsible for selection of the Project design and the means, method and manner of construction. Nothing in this agreement creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party. B. Employees. The City represents that it has or will secure, at its own expense, all personnel and/or contractors required for the performance of this 2 1- ~ ~ agreement. No City personnel or contractor will be considered an agent, representative or employee of the District. C. Liability. The City agrees to hold harmless and indemnify the District, and its managers, staff and representatives, against any claim, expense or damage, including attorney fees, arising from the performance of this agreement. D. Assignment or Modification. This agreement binds and inures to the benefit of the City and the District, and their respective successors and assigns. Neither party may assign this agreement without the prior written consent of the other. Any modification of the agreement must be in writing and signed by both parties. E. This agreement is effective as of the date all of the signatures below have been provided. Dated: _____~ ~ ~~, 2008 Dated: _____~ ~ ~ ___, 2008 City of Columbi Hei is Its:__~-z~f~ ~'------- Rice Creek Watershed District By~~~`~ -----------=- Patricia Preiner, President Board of Managers Rice Creek Watershed District 3 4325 Pheasant Ridge Dr. NE #611 • Blaine, MN 55449-4539 Phone: 763-398-3070 •Fax: 7G3-398-3088 www.ricecreek.org September 3, 2008 Mr. Walter Fehst, Manager City of Columbia Heights 590 40th Ave. NE Columbia Heights, MN 55421 Dear Mr. Fehst: Enclosed you will find acost-share agreement for your Urban Stormwater Remediation Cost- Share project which was approved for funding by the Rice Creek Watershed District Board at their April 23, 2008 meeting. Please return one agreement to us and keep the other for your records. ~~- ~~ , ~~ g~,~-~~ ~ If you have any questions please do not hesitate to contact Doug Thomas at 763-398-3071 or dthomas a,ricecreek.or>; Sincerely, ~y~~ ~ Theresa Stasica Office Manager Enclosure: Cost-share agreement (2) BOARD OF ~ Barbara A. Haake Rick A. Mastell Susan R. Oven Patricia L. Preiner John J. Waller MANAGERS Ramsey County Anoka County Ramsey County Anoka County Washington County ® Printed on 60% recycled. 3096 pos[-consumer paper using vegatable based inks. »~' ~l\