Loading...
HomeMy WebLinkAboutItem 06.gDate: 10 November 2014 Item No. APPROVE A JOINT POWERS AGREEMENT AND AN AGREEMENT FOR INSTALLATION, MAINTENANCE AND USE OF TWO TEST HOLES OR WATER LEVEL OBSERVATION WELLS ON PRIVATE OR PUBLIC LAND WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES Proposed Action Staff recommends adoption of the following motion: Move to approve a Joint Powers Agreement and an Agreement for Installation, Maintenance and Use of Two Test Holes or Water Level Observation Wells on Private or Public Land with the Minnesota Department of Natural Resources. Overview The Minnesota Department of Natural Resources (DNR) approached the City of Lakeville with a request to install a monitoring well at the City of Lakeville's Well No. 3. They are interested in determining if there is any relationship between the pumping of area wells and the elevation of water flowing through nearby South Creek. Permission to install a monitoring well will be achieved through the Agreement for Installation, Maintenance and Use of Two Test Holes or Water Level Observation Wells on Private or Public Land. In order to properly flush the well water line in conjunction with the test, the DNR must install a hydrant. Through the Joint Powers Agreement, they will reimburse the City for costs associated with hiring a local contractor to complete the hydrant installation. Primary Issues to Consider • What impacts will this monitoring well have on the operation of Well No. 3? The aquifer test will not impact the operation of Well No. 3. The test will be conducted over a period of weeks this fall/winter season. Well No. 3 is typically not in use at this time of year. Suuuortina Information • The Joint Powers Agreement for the installation of a hydrant at Well No. 3. • A sketch of the proposed hydrant location. • The Agreement for Installation, Maintenance and Use of Two Test Holes or Water Level Observation Wells on Private or Public Land M�W' . Monica Heil Operations and Maintenance Engineer Financial Impact: None Related Documents (CIP, ERP, etc.): Notes: Budgeted: Source: Joint Powers Agreement State of Minnesota SWIFT Contract No.: 0000000000000000000085452 This agreement is between the State of Minnesota, acting through Minnesota Department of Natural Resources, Division of Ecological and Water Resources ("State") and The City of Lakeville, 18400 Ipava Ave, Lakeville, MN. 55044 ("Governmental Unit"). Recitals Under Minnesota Statute § 471.59, subdivision 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of an observation well for the South Creek aquifer test preparation. The plumbing from Lakeville municipal well #3 needs to be modified so that the well can be utilized in an aquifer test. Agreement 1 Term of Agreement 1.1 Effective date: October 27, 2014, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: December 31, 2014, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties The City of Lakeville will furnish all labor, equipment and material to install 10" X 6" Wet TAP with 6" valve and valve box, 20 ft. of 6" DIP, 1 -Fire Hydrant with miscellaneous material, includes trench box charge, compaction, 5 ft. x 10ft sidewalk removal (1 -load out) and sidewalk replacement, Level and Seeding with Mulch. "SEE EXHIBIT A, WHICH IS ATTACHED AND INCORPORATED INTO THIS AGREEMENT." 3 Payment The State agrees to pay the Governmental Unit, fifteen thousand five hundred dollars, ($15,500.00) for the work outlined above and in attachment A. Invoices will be submitted to the State's Authorized Representative upon completion of the project. The total obligation of the State under this agreement will not exceed $15,500.00. 4 Authorized Representatives The State's Authorized Representative is Jeremy Rivord, Hydrologist 3, 325 Randolph Ave, St. Paul, MN. 55102, or his/her successor. The Governmental Unit's Authorized Representative is Chris Petree, City of Lakeville, 18400 Ipava Ave, Lakeville, MN. 55044 or his/her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party, 6 Indemnification Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minn. Stat. § 3.736 and other applicable law govern liability of the State. Minn. Stat, Chapter 466 and other applicable law govern liability of Lakeville. The limits of liability for the parties may not be added together to determine the maximum amount of liability for either party. 7 State Audits Under Minnesota Statute § 16C.05, subdivision 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minnesota Statute Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minnesota Statute § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this agreement at anytime, with or without cause, upon 30 days' written notice to the other party. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 11 E -Verify Certification (In accordance with Minn. Stat. §16C.075) For services valued in excess of $50,000, Contractor certifies that as of the date of services performed on behalf of the State, Contractor and all its subcontractors will have implemented or be in the process of implementing the federal E -Verify program for all newly hired employees in the United States who will perform work on behalf of the State. Contractor is responsible for collecting all subcontractor certifications and may do so utilizing the E -Verify Subcontractor Certification Form available at httn://www.mmd.admin.state.mn.us/doc/EverifvSubCertForm.doc, All subcontractor certifications must be kept on file with Contractor and made available to the State upon request. 1, STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minnesota Staiuie ¢ 6A,15 and 05. By: (with delegated authority) Signe'- -- __— Title: Date: 10/2712014 Date: !:� SWIFT PO ID# 30-6_77_38 4. COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division 2. GOVERNMENTAL, UNIT Date: Title: Date: Title: Date: Distribution: Agency Governmental Unit State's Authorized Representative was sve�4 all rt it t�1` ��rM � —I I 1 z c^ i----- PIALI a • 41 *1� a w15zi w owg � a1 x X-3 o F- < 4w_ �}Z ziU a t — cr r y X scu ` a. ` :3 je o _3. .4 nnx :=3 vi ...... V% W a AGREEMENT FOR INSTALLATION, MAINTENANCE AND USE OF TWO TEST HOLES OR WATER LEVEL OBSERVATION WELLS ON PRIVATE OR PUBLIC LAND THIS AGREEMENT is entered into this day of 20_, by The City of Lakeville, hereinafter referred to as the "Grantor", and by the State of Minnesota, acting by and through the Commissioner of Natural Resources, hereinafter referred to as the "Grantee". WITNESSETH: WHEREAS, the Grantee desires to expand the observation well network throughout the state for the purpose of obtaining geologic and hydrologic information; and WHEREAS, the Grantor is the owner of property, as described below, on which the Grantee has determined it would be beneficial to gather geological and hydrologic information; and WHEREAS, the Commissioner of Natural Resources has the authority to conduct surveys, investigations, and studies of waters of the state in order to implement the Commissioner's duties under Minnesota Statutes 103G.121, NOW THEREFORE, it is agreed between the parties hereto: 1. The Grantor, for and in consideration of the faithful performance by the Grantee of all covenants and conditions herein contained, hereby grants a perpetual Agreement to the Grantee to establish, operate and maintain two water level observation wells on the following described premises in Dakota County, Minnesota to wit: NE %, SW %, NE % Sec 33, T1 14N, R20W together with the right of ingress and egress over the following described premises to wit: NW %, SW %, NE % Sec 33, T1 14N, R20W as depicted on the map attached hereto and made a part thereof. Grantee agrees to use existing access roads whenever possible. This Agreement is for the purpose of drilling or augering test holes or water level observation well on the above described premises in accordance with M.S. 1031 and for measuring the water level on a regular basis. The test holes will extend in the earth to depths which will enable the Grantee to obtain geologic and hydrologic information. If hydrologic conditions are favorable, casing will be installed and the test holes will become water level observation wells for the purpose of taking water level measurements throughout the term of this Agreement. In addition to the hole as outlined above, the water level observation wells will consist of the following physical characteristics and appurtenances, collectively hereinafter called the "Structure": A 4 " diameter steel casing extending approximately _Lfeet above the land surface protected by a 6 -inch steel protective casing. 2. Excavation and/or installation of the Structure shall begin within 30 days or at a mutually agreeable time after the effective date of this Agreement. The Structure shall be installed and maintained in a safe and workmanlike manner. 3. The Structure and all equipment and tools for the maintenance and use thereof placed in or upon said described property shall remain the property of the Grantee and shall be removed, filled and/or sealed by the Grantee at its own cost and expense within a reasonable time after the termination of this Agreement. Upon removal, filling and/or sealing of the Structure, the Grantee shall restore the above described premises as close as possible to the same state and condition existing prior to the excavation, and/or installation of the Structure and its appurtenances. 4. The Grantee agrees to cooperate, to the extent allowed by law, in the submittal of all claims for alleged loss, injuries, or damages to persons or property arising from the acts of the Grantee's employees, acting within the scope of their employment, or contractors in the excavation, installation, use, maintenance, and/or removal of said Structure, appurtenances, equipment and tools as authorized and limited by the Minnesota Torts Act, M. S. 3.736. 5. Results of the water level observations will be available to the Grantor. 6. This Agreement shall become effective when all signatures required have been obtained and shall continue in full force and effect until terminated by the Grantee at any time with 30 days' written notice. However, if the Structure prevents or in any way interferes with the Grantor, the Grantor's heirs, successors or assigns' ability to sell, finance, develop or otherwise use the premises for any purpose, the Grantor may terminate this Agreement by giving 60 days' written notice to the Grantee. 7. This Agreement shall run with the land and bind all of Grantor's successors, heirs and assigns. 8. To the best of Grantor's knowledge the vicinity of the proposed water level observation well is free from contamination. 9. The Grantee assumes no liability for any contamination or other damages that may have occurred on the property prior to the effective date of this Agreement. 10. Contamination which occurs after the construction of the water level observation well, and is introduced into the aquifer because of the existence of the water level observation well, will be the responsibility of the Grantee. GRANTOR: Py: M This instrument was drafted by: Minnesota Department of Natural Resources Division of Ecological and Waters Resources 500 Lafayette Road St. Paul MN 55155-4032 Title: Title: