HomeMy WebLinkAboutItem 06.jAugust 16, 2013 Item No.
APPROVE JOINT POWERS AGREEMENT WITH VERMILLION RIVER
WATERSHEDJOINT POWERS ORGANIZATION AND COST SHARE CONTRACT WITH
DAKOTA COUNTY SOIL AND WATER CONSERVATION DISTRICT FOR WATER
QUALITY IMPROVEMENTS FOR LAKE MARION
August 19, 2013 City Council Meeting
Proposed Agtion
Staff recommends adoption of the following motion: Move to approve Joint Powers
Agreement (JPA) with Vermillion River Watershed Joint Powers Organization ( VRWJPO) and
Cost Share Contract with Dakota County Soil and Water Conservation District (DCSWCD) for
water quality improvements for Lake Marion, City Project 13 -11.
Passage of this motion will establish City, VRWJPO and DCSWCD project responsibilities and
costs associated with the water quality improvement project.
Overview
The project is located on the south side of Lake Marion near the intersection of 205th Street
and Juno Trail. The project is designed to enhance a 73 -acre drainage area and includes the
following improvements; expansion and modification to an existing stormwater basin,
reconstruction of an existing stormwater basin to promote infiltration and the rerouting of
stormwater runoff from a drainage area of 6.2 acres. The City will continue to be responsible
for maintenance of the stormwater management system. Construction is scheduled in 2013.
Primary Issues to Consider
• What benefit will this project provide?
® How will the project be financed?
Supporting Information
• Staff analysis of primary issues
• A copy of the Joint Powers Agreement is attached (Contract No. C0025164)
A copy of the Cost Share Contract is attached
• A copy of the Project Fact Sheet is attached
McKenz e Verty
Environmental Resources Manager
Financial Impact: $22,480 Budgeted: Yes Source: Utility Fund — Env. Resources
Related Documents (CIP, ERP, etc.):
Notes: Additional fundins provided by VRWJPO and DCSWCD
Staff Analysis of Primary Issues
What benefit will this project provide?
Modeling estimates indicate a reduction of 3,104 lbs. of Total Suspended Solids, 10 lbs.
of Phosphorus, 31.67 lbs. of Nitrogen and 3.14 ac -ft of stormwater runoff.
0 How will the project be financed?
Listed below is a summary of the project's funding sources:
a. VRWJPO:
$71,480
b. DCSWCD:
$50,000
c. Lakeville:
$22.480
d. Total:
$144,960
Dakota County Contract #C0025164
JOINT POWERS AGREEMENT
BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION
AND
THE CITY OF LAKEVILLE
FOR WATER QUALITY IMPROVEMENT PROJECT AT LAKE MARION SOUTH PONDS
WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power
common to the contracting parties; and
WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body
consisting of Dakota and Scott Counties ( VRWJPO) governed by the Vermillion River Watershed Joint Powers Board
(VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. §§ 103B.211 to 1036.255 and as otherwise
provided by law; and
WHEREAS, the City of Lakeville (referred to as "the City ") is a governmental unit and political subdivision of the
State of Minnesota; and
WHEREAS, the City desires to retrofit their stormwater ponds to Lake Marion to improve water quality and prevent
the lake from becoming impaired; and
WHERF - 1 kS, the City is a =Ilaborative effort, developed a scope of work for redirecting water into one pond,
modifying a second pond, and expandingireconfiguring a third pond (Project); and
WHEREAS, the estimated cost of the Project is $144,960 and the City has requested a 50% cost share contribution
from the VRWJPO in the amount of $72,450.00; and
WHEREAS, the VRWJPO adopted its Watershed Plan on November 3, 2005, and said Watershed Plan contains a
ost Sharing Policy that provides guidance to the VRWJPB regarding the cost sharing between the VRWJPO and
potential partners for various watershed management efforts affecting the Vermillion River Watershed; and
WHEREAS, the Cost Sharing Policy sets forth priorities for improvements affecting the Vermillion River Watershed
and the Project qualifies for up to a 50% cost share; and
NOW, THEREFORE, in consideration of the mutual promises and benefits that the VRWJPO and the City shall
derive from this Agreement, the VRWJPO, through the Vermillion River Watershed Joint Powers Organization Board
(VRWJPB), and the City hereby enter into this Agreement for the purposes stated herein.
ARTICLE 1
PURPOSE
The purpose of this Agreement is to define the responsibilities and cost sharing obligations of the VRWJPO and the City
for the Project as more fully described in Exhibit 1, attached hereto and incorporated herein by this reference.
ARTICLE 2
PARTIES
The parties to this Agreement are the Vermillion River Watershed Joint Powers Organization ( VRWJPO) acting through its
Joint Powers Board (VRWJPB) and the City of Lakeville, Minnesota ( °the City").
ARTICLE 3
TERM
This Agreement shall be effective on the date this Agreement has been executed by all parties, and shall remain in effect
until May 31, 2014, or until completion by the parties of their respective obligations under this Agreement, whichever
^curs first, unless earlier terminated by law or according to the provisions of this Agreement.
ARTICLE 4
COOPERATION
The VRWJPO and the City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the
various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely
manner.
ARTICLE 5
PAYMENT
5.1 The VRWJPO shall cost share with the City in an amount equal to 50% of the total cost incurred by the City for
the Project, but not to exceed the amount of Seventy Two Thousand Four Hundred Eighty and No /100 Dollars
($72,480.00) (Agreement Maximum).
5.2 The VRWJPO shall make payment to the City on a one time reimbursement basis upon Project completion and
verification and acceptance by the VRWJPO that the Project has been constructed /installed in accordance with
the terms of this Agreement and in accordance with the specifications for said Project, and after the VRWJPO has
been provided with an invoice detailing the costs incurred by the City for the Project.
5.3 The VRWJPO may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a
claim shall not preclude the VRWJPO from questioning the propriety of the claim. The VRWJPO reserves the
right to offset any overpayment or disallowance of claim by reducing future payments.
ARTICLE 6
CITY'S OBLIGATIONS
6.1 AUTHORIZED PURPOSE. The cost share funds provided under this Agreement may only be used by the City
for the payment of costs associated in completing the Project as described in Exhibit 1.
6.2 CONSTRUCTION REQUIREMENTS. The Project shall be constructed /installed in accordance with the
specifications in Exhibit 1. Any modifications to said specifications require prior approval from VRWJPO staff.
6.3 COSTS. The City is solely responsible for the cost of constructing the Project per the approved plans and
Specifications, subject to a cost share contribution from the VRWJPO as stated in this Agreement.
6.4 RIGHT OF ENTRY. The City hereby permits the VRWJPO, its employees, duly authorized representatives and
agents to enter upon and have rights of ingress and egress over and access at reasonable times to the real
property where the Project will be located for the purpose of inspecting the constructionlinstallation of the Project.
6.5 ACKNOWLEDGMENT. The City shall appropriately acknowledge the funding assistance provided by the
VRWJPO in any promotional materials, signage, reports, publications, notices, and presentations relating to the
Project. This section shall survive the expiration or termination of this Agreement.
6.6 COMPLIANCE WITH LAWSISTANDARDS. The City shall abide by all federal, state, or local laws, statutes,
ordinances, rules and regulations in conducting the Project
6.7 PUBLICITY. The City hereby permits the VRWJPO to take and disclose photographs of the Project for
use in publications or promotional materials or on its website for the purpose of highlighting the
VRWJPO's programs. The City shall appropriately acknowledge the funding assistance provided by the
VRWJPO in any promotional materials, signage, reports, publications, notices, and presentations relating
to the Project. This section shall survive the expiration or termination of this Agreement.
ARTICLE 7
TERMINATION
7.1 IN GENERAL. Any party may terminate this Agreement for cause by giving seven days' written notice or
without cause by giving 30 days' written notice, of its intent to terminate, to the other parties. Such notice to
terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean
a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of
Termination shall be made by certified mail or personal delivery to the authorized representative of the other
2
parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which
arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective
date of termination.
7.2 TERMINATION BY VRWJPO FOR LACK OF FUNDING. Notwithstanding any provision of this
Agreement to the contrary, the VRWJPO may immediately terminate this Agreement if it does not obtain funding
from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be
continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of
termination sent by the VRWJPO to the City by facsimile is sufficient notice under this section. The VRWJPO is
not obligated to pay for any services that are provided after written notice of termination for lack of funding. The
VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding.
ARTICLE 8
GENERAL PROVISIONS
8.1 LIABILITY. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the
results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its
officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other
applicable laws govern liability of the VRWJPO and the City. This section shall survive the expiration or
termination of this Agreement.
8.2 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized
Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party
they represent and to consent to modifications, except that the authorized representatives shall have only the
authority specifically or generally granted by their respective governing boards. Notice required to be provided
pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise
stated in this Agreement, or in a modification of this Agreement:
TO THE VRWJPB: Paul Krause or successor, Chair
Vermillion River Watershed Joint Powers Organization
14955 Galaxle Avenue
Apple Valley, MN 55124
Telephone: (952) 891 -7030
TO LAKEVILLE: Matt Little or successor, Mayor
City of Lakeville
20195 Holyoke Ave.
Lakeville, MN 55044
Telephone: (952) 985-4420
In addition, notification to the VRWJPO regarding termination of this Agreement shall be provided to the Office of
the Dakota County Attomey, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033.
8.3 LIAISONS. To assist the parties in the day -to -day performance of this Agreement and to ensure compliance and
provide ongoing consultation, a liaison shall be designated by the VRWJPO and the City. The VRWJPO and the
City shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of
execution of this Agreement, the following persons are the designated liaisons:
VRWJPO Liaison: Travis Thiel
Telephone. (952) 891 -7546
Lakeville Liaison: Mac Cafferty
Telephone: (952) 985 -4520
8.4 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall
only be valid when they have been reduced to writing, approved by the parties respective Boards, and signed by
the Authorized Representatives of the VRWJPO and the City.
M
8.5 RECORDS RETETION AND AUDITS. Each party's bonds, records, documents, papers, accounting procedures
and practices, and other records relevant to this Agreement are subject to the examination, duplication,
transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05,
subd. 5. If the cost share funds provided under this Agreement use federal funds these records are also subject
to review by the Comptroller General of the United States and his or her approved representative. Following
termination of this Agreement, the parties must keep these records for at least six years or longer if any audit -in-
progress needs a longer retention time.
8.6 DEFAULT: FORCE MAJEURE. No party shall be liable to any other party for any loss or damage resulting
from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable
control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may
include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural
disasters.
8.7 ASSIGNMENT. No party may assign any of its rights under this Agreement without the prior written consent
of the other parties. Said consent may be subject to conditions.
8.8 GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created,
received, maintained or disseminated shall be administered consistent with the Minnesota Government Data
Practices Act, Minn. Stat. eh. 13.
8.9 GOVERNING LAW, JURISDICTION AND VENUE. This Agreement shall be governed by and construed in
accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the
principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota,
State of Minnesota. This section shall survive the expiration or termination of this Agreement
8.10 MERGER. This Agreement Is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all, prior negotiations, understandings, or agreements.
8.11 SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is
rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the
remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with respect to either party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date indicated below.
CITY OF LAKEVILLE
APPROVED AS TO FORM:
Zta&� l 2-e/3 BY
ssi Cant akota County Attorney 4Date
VRW Res. No, 13 -39
KS -13 -284
KS13 -284 JPA with VRWJPO & City of Lakeville
Matt Little, Mayor
Date of Signature:
By
By
City Clerk
Date of Signature:
VERMILLION RIVER WATERSHED
JOINT POWERS BOARD
Paul Krause, Chair
Date of Signature:.
4
Exhibit I
C0025164
20 3 V6armwdllion River Wat-.'ershwed
Cost-4hare- Request
July]5 2013
Dakota County Soil & Water
Conservation District
Project Title: Water Quality Improvement Project at Lake Marion South Ponds
Applicant: Mac Cafferty, City of Lakeville
Project Location: Lakeville, MN
Project Description:
Th!Xroject area is located south of Lake Marion at the intersection of Juno Trail and
205 Street West (Figure 1). The three stormwater basins were installed with the
developments in the mid -80s and 90s to treat the 72 acre watershed. The two stormwater
basins south of 205 Street West flow through the stormwater basin north. of 205"' Street
West. The northern basin directly discharges to Lake Marion. The stormwater basins are
located within City of Lakeville outlets or drainage and utility easements.
The City of Lakeville has been monitoring and implementing projects on Lake Marion
for 15 years. Lake Marion has had bi -annual lake -wide aquatic plant surveys conducted
for over 14 years (1995 and 1998 - 2012). Lake Marion has also been monitored through
the Citizen Assisted Monitoring Program (CAMP) since 1977 and water quality has been
stable since 1994. The lake is an important resource with a public beach and boat launch,
three fishing piers, as well as a future Dakota County Greenway Trail (currently a City
trail).
'The stormwater retrofit project was developed in partnership with the Dakota County
SWCD. Three potential projects were identified to both reduce stormwater runoff and
remove pollutants prior to discharge to Lake Marion. The three options are outlined
below:
Route Additional Runoff Through Southwest Pond
By redirecting 6.5 acres of stormwater runoff to the southwest pond allows for much
better treatment in a basin that is oversized.
Construct Iron Enhanced Filtration in Southeast Pond
Reconfiguring the basin and retrofitting it with both a sand compost infiltration area and
an Iron Enhanced Filtration system, the pond will both function better as well as provide
for much better water quality. The pond will be reconfigured into three cells. Two wet
forebays will be constructed with rock weepers to protect the infiltration and iron
enhanced filtration areas from sediment. The system is designed to remove both solid
and dissolved phosphorous. A total reduction in stormwater runoff will also result.
Expand brio Trail (North) Pond and Outlet Configuration .
By expanding and reconfiguring the pond outlets and emergency overflow, the basin will
provide for better treatment prior to discharge to Lake Marion. Currently, the basin is
undersized and scouring occurs during high flows delivering sediment and pollutants to
the lake.
Preliminary modeling using WinSLAMM have shown an annual reduction of:
3,000 lbs. of TSS
10 lbs. of Phosphorous
32 lbs. of Nitrogen
Overall Site Goals:
• Improve water quality by reducing stormwater pollutants and runoff to Lake
Marion.
• Reduce phosphorous, nitrogen and sediment loading to Lake Marion.
• Implement the most cost effective design that reduces the most pollutants per
dollars spent.
• Provide a local demonstration site to showcase water quality practices that reduce
stormwater impacts to lakes.
Cost Estimate/Timeline:
The stormwater retrofits are designed to improve water quality entering Lake Marion.
The system is designed utilizing existing stormwater basin within the City's system.
O 'pion of Probable Cost
Project .South Marion Sttmmwlltes Imp---M Project Design By' JN
locatloa: Cky of Lakevt8e Clucked By: M14
WSB Project No. 02109.350 Date: 7/11/2013
1temNo.
MN/DOT
Specirpation
No.
DeKTObn
I
Una
Estktuted
MASI
Q-ky
Pstv0atedUnaPrice
Estinaled Total
Cast
Option 1: Route Additional RuwffTb otlgh Southwest Pond
I
MOBILIIATIDH
LS
1
53.0010.00
S3,000110
2
CLEAR AND GRUB TREE
EA
4
$750.00
SSAOom
3
RIPRAP CL 111 FIELD STONE
CY
30
585110
52,550.00
4
STREMADIVERSION
LF
75
$50.00
53,750 -0
5
EROSION CtN4TROLEILANKET MPE 2)
SY
300
$3110
59010.00
_
6
SEEDING & SEED MX
SY
400
57.00
$000.00
7
SLTFENCE
LF
75
84110
$300.00
Sltbmt6lSchadule L Imptwe�DU $14,3001.00
+ 5% Con i tpwim $720.00
opfim 1 Total $15,020.00
Option I Construction Pl'hri on Basin in Southeast Pond
5
MDOL4%IATION
LS
1
$SADD.00
$5.000110
9
CONSTRUCTROCKCONSTRUCTIONENTRANCE
LS
1
k9mat)
9500.00
tD
CONNECT TO FASTINGSTORMSEWER
EA
1
5400,00
wono
11
COM ON EXCAVATION
CY
750
$15,00
$11AGO.OD
12
REMOVE & REPLACE BITMAL
SY
25
$80.00
51,500.00
13
GRADING(I4CLU13ESBERMCOMMUCTKM)
LS
1
510,000.00
$10,00D-OD
14
CLEAR AND GRUB TREE
EA
10
S400A0
$4,0010.00
15
RIPRAP CL II FIELD STONE
CY
60
i $05.10
$5,100.00
16
6 HOPE PERFORATED DRAINTLE WISOCK
LF
200
518.00
&3,6001x0
17
8'PVVCSTORMSEWER
LF
5o
$18.00
$800.00
18
"GATE VALVE
EA
1
5400.001
$400.00
19
6 CLEmOuT
EA
2
$125J)D
$250.00
20
FILTRATION MEDIA
CY
150
$30010
21
IRON4 AN0 MIXTURE • HAULIPLAM (VR PROVIDE)
LO
1
92,500 - 00
22
EOPMLINER (INCLUDES PLYWOOD FOR14
BY
110
$12.00
OS:,4,500.00
23
GEOTEXTLE FABRIC TYPE IV
SY
75
55.00
24
CONSTRUCTDRAINAGE STRUCTURE DES .SPEC.
EA
1
82,000.00
25
EROSION CONT BU
FIOL NKET(TYPE 2)
SY
40 0
$3110
28
SEEDING &SEED MX
BY
ODD
$2110
91,500.00
27
SLTFENCE
LF
60
114.001
SMOA0
.... SubtotalScheduk2lmptnv=zzb 557
..........._. .....-- .- _....- ......._............_..............._ ......... ............_..._..._........._
_.._.._........... +5%C $2,850,00
n2 Total $59,885.00
Option 3: Expand North Pond
25
MOBILIZATION
LS
1
$5.000.00
$5.000.00
29
CONSTRUCT ROCK CONSTRUCTION ENTRANCE
LS
1
5500 -1)
$500.00
30
TEMORARYBYPASS
LS
1
$2,0000
$2,5001.001
31
REMOVE EXISTING STORMSEWER
LF
30
$20.00
$600.00
32
SALVAGE AND REINSTALL APRON
EA
1
5350.00
$350.00
33
COM ADN EMANATION
CY
1200
515.0
$18,000-0
34
GAMING ONCLUDES RIF CONSTRUCTION)
LS
t
56AOD.00
So,DDoAo
a5
CLEARANDGRUBTREE
EA
14
5400.01)
55,600.00
36
RIPRAP CL II FIELD STONE
CY
40
$8510
93,400.00
31
GEOTEXTLE FABRIC TYPE N
SY
30
55A0
S1SOA0
38
CONSTRUCT DRAINAGE STRUCTURE DE &SPEC.
EA
1
$3ADD -0
53.000.00
39
EROSION CONTROL 13LANKET (TYPE 2)
BY
500
$&DO
S1,SOOA0
40
SEEDING &SEEDMIX
SY
500
$2.00
$1.000.00
41
SILT FENCE
LF
125
54.00
$500.00
Sublotal SchWu)c 3 bTww wjo $48,100.00
_ .....- _ ......... . ......... .... _ ......:....- _........_._ ........ _...... ..
+ 545 Coo' 52,410.00
Option 3 Total $59,510.00
t3DNSTRUCHON SUBTOTAL $125
E,ngineeft Services
.. .............. _ ..... _ . _ Pre>etDosigltCPopo3nvcY2?esi&+) _ ...........,.._..._........:. $5.363.00
:. ........._..._.._..:FM Desim(Plan prcaffi melt S ......................'-.............:._.........._ ......_...............:...,.... $ 6 , 950 . 00
: Con3t =tionAduk(Obselva6Dn(Ada"mBtiDD) $4,848.
Stavey (Cooslxuctpa 52.384.
Fs!m ... Total $19,445
GRAND TOTAL 5144,960.00
Requested Amount:
The City of Lakeville is requesting the Vermillion River Watershed to partner with the
City to install a stormwater retrofit system at Lake Marion South Ponds. The project will
not only serve as a demonstration site but it will also result in improved water quality,
reduced stormwater pollutants and reduced stormwater runoff to Lake Marion.
The total estimated cost of the project is $144,960. The City is requesting a cost share
from the VRWIP0 of $72,480.
lea
Dakota County Soil and Water Conservation District
COST SHAD CONTRACT
TRACT
Cost Share Program Type
GENERAL INFORMATION
❑ ccs ❑ CEF 0 CCP
Watershed Nerve
Contract No.
IntlMdual /
Board Meeting Dete(a);
Vermillion River
13- CCP -03
pup
Individual
R20W
APPLICANT
Applicant Address/Cky /State Carted Infonnstion
City of Lakeville 20195 Holyoke Avenue Mac Cafferty, Environmental
Lakeville, MN 55044 Resources Manager, City of
t Lakeville
If We is a group conned, this must be filed and signed by the group spokesperson as designated in the group agreement.
CONSERVATION PRACTICE LOCATION
Address orfrownshlp Name
Township
Range
section
114,1M
Intersection of 205th Street West and Juno
TI 14N
R20W
30
— of NW1 /4
Trail
CONTRACT INFORMATION
I (we), the undersigned Applicant, do hereby request cost -share assistance to help defray the cost of
installing the Project as listed below subject to the following terms and conditions. It is agreed that:
1. The Applicant is solely responsible to obtain all permits and perform the work in compliance with local,
state and federal regulations.
2. The Project must be completed in compliance with the approved plans, specifications and the District's
technical standards. Any requests to change the approved plans, specifications or costs estimates must
be submitted in writing to the District for review and approval.
3. The District reserves the right, at its sole discretion, to determine Project compliance to its technical
standards and may withhold or deny payment for Projects that are non - compliant, improperly installed
and/or improperly maintained or payment requests for expenses the District determines to be non-
essential to the Project. The Applicant is responsible to confirm project compliance with the District for
critical project components, including but not limited to, final design, layout staking, sub -grade
excavations, soil preparation, piping and appurtenance installations, site grading, planting and final site
stabilization. Unless otherwise agreed in writing, the Applicant is responsible to correct all non-
compliance issues to the satisfaction of the District at its sole expense. At its option, the District may
determine the non - compliance of a single project component to be non - compliance for the project as a
whole.
4. The Applicant is solely responsible for the cost of constructing the Project per the approved plans and
specifications. Upon Project completion and acceptance by the District Board of Supervisors, the
reimbursement payment to the Applicant is limited to a maximum of sixty-five (65) percent of the actual
project expenses, not to exceed the maximum cost share amount. All requests for cost share payment
must be supported by itemized project receipts and invoices determined by the District to be practical and
reasonable for the completion of the Project. Partial payments prior to Project completion shall not be
made unless otherwise agreed In writing.
Revised 2/07/13
5. The Applicant is responsible to comply with the Project Operation & Maintenance Plan and shall provide
at his sole expense, all labor and materials to properly maintain the Project during its minimum effective
life (15 Years). If the Project is removed or modified without consent of the Distinct, the Applicant shall be
liable for monetary damages, not to exceed the amount of cost share received from the District for that
Project. If land ownership is transferred to another party, it shall be the responsibility of the property
owner /applicant who signed this contract to advise the new landowner that this contract shall remain in
force.
6. This contract, when approved by the District Board of Supervisors, will remain in effect unless canceled
by mutual agreement, except when installation of the Project covered by this contract has not been
started by 10/1/2013 (date), in which case this contract will automatically terminate on that date.
7. The Project will be installed by 11/15/2013 (date), unless this contract is amended by mutual consent to
reschedule the work and funding.
8. The Applicant is solely liable for his /her own acts and agrees to hold harmless and defend the District
against claims, actions, demands or damages arising out of the performance of this Agreement.
9. — 1 Applicant authorizes the Dakota County SWCD w take and disclose photographs of the conservation
practice for use in publications or promotional materials or on their website for the purpose of highlighting
the Dakota County SWCD's programs. I also authorize the Dakota County SWCD to disclose my name
and applicable conservation practice information with any conservation practice photograph.
APPLICANT SIGNATURES
Date I Landowner /Applimt _ - I Address I CRY/Statemp Code
CONSERVATION PpArCTICE
The conservation practice standard for which cost -share is requested: 350
t 1gue wmponardis)
Other rompnized Wo4cal proafte
Engineered Practice
Total Cost Estimate
$ 144
350 Sediment Basin
❑
Ecological Practice
TECHNICAL ASSESSMENT AND COST ESTIMATE
I have reviewed the site where the above listed conservation practice(s) are to be installed and find that
they are needed and that the estimated quantities and costs are practical and reasonable.
D Com * t+N1CD Technical Represerdotivs Dote
% 93 /(0/1 - 3
AMOUNT AUTHORIZED FOR PAYMENT (ENCUMBRANCE)
Cost share is approved at 65 percent (%) of the total estimated project cost. The final cost share
reimbursement amount shall be determined by applying the approved percentage to the total actual
project costs as reviewed and approved and is limited to not exceed $ 50,000.00.
Board Chair Board fdoeft note
2 Revised 2/07113
Project: This project retrofits a 73 acre
drainage area with the addition of an infiltration
basin with pretreatment and enhanced filtration,
redirected runoff from 6.2 acres, and
modifications to the existing Juno Trail (North)
pond. Modeling estimates that the proposed
projects could reduce the annual pollutant loads
for TSS by 3,104 -Ibs, TP by 10.0 -Ibs, TKN by
31.67 -Ibs, and volume by 3.14 acre -feet
Funding Landowner is
requesting Community Conservation
Partnership cost share not to exceed
$50,000 (35% of project cost)
COStS: The
project construction
cost, including
engineering and
construction
oversight is
estimated at
$144,960.00.
Location:
Lakeville °' 1
Minnesota
Dakota County Soil and Water Conservation District
4100 220th St. W., Suite 102, Farmington, MN 55024 651- 480 -7777 www.dakotaswed.org
Go v�1TY 20/
'A TI ON
Revised 7/15/2013