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HomeMy WebLinkAboutItem 06.jAugust 3 WATER DAK Proposed Staff reco (JPA) wit Contract improvem Passage o associate bids on t Overview The proje systems a system w draw stor until such within th which is l maintena this fall. Primary  W  H Supporti  St  A  A  P Monica H Operatio Financial Im Related Do Communit 3, 2015 APPROVE RSHEDJOIN KOTA COUN QUA d Action ommends ad th Vermillio with Dakot ments along of this motio ed with the w he project. w ect proposes along Hamb will be installe rmwater flow h time as the e ditch. The located at th ance of the s Issues to Co What benefit How will the p ing Informat taff analysis A copy of the A copy of the roject Fact S Heil, PE ns and Main mpact:  ocuments (CIP, ty Values: Go E JOINT PO NT POWERS NTY SOIL A ALITY IMP doption of th n River Wat a County So Hamburg A on will estab water qualit s to install ne urg Avenue, ed within ex wing throug e stormwate e system will he north end stormwater m onsider will this proj project be fin tion of primary is Joint Power Cost Share C Sheet tenance Eng $0  , ERP, etc.):  ood Value for P OWERS AGR S ORGANIZ AND WATE ROVEMEN he following tershed Join oil and Wate Avenue, in co lish City, VRW ty improvem early 3,500 lin , between La isting ditch s h the ditch s r can infiltrat also improv of the proje managemen ject provide? nanced? ssues rs Agreemen Contract is a gineer Budg Public Services REEMENT W ZATION AN ER CONSER NTS ALONG g motion: M nt Powers O er Conservat onjunction w WJPO and D ment project, near feet of u akeville Boule sections alon section into a te, reducing ve the quality ect. The City t ditch syste ? nt is attached ttached geted:N/A WITH VER ND COST S RVATION D G HAMBUR Move to appr Organization tion District with City Proj DCSWCD proj , and will au undergroun evard and 22 ng Hamburg an undergro the frequen y of water en will continu em. Construc d (Contract N A Source: Item RMILLION R SHARE CON DISTRICT F RG AVENUE rove Joint Po n (VRWJPO) (DCSWCD) ect 15-05. ject respons uthorize staf d stormwate 20th Street. T g Avenue, an ound storage ncy of standin ntering into S ue to be resp ction will com No. C0025164 VRWJPO  No._______ RIVER NTRACT W FOR WATE E owers Agree and Cost S for water q sibilities and ff to advertis er chamber The chambe nd will serve t e chamber sy ng water issu South Creek, onsible for mmence late 4) & DCSWCD Fu __ WITH ER ment Share uality costs se for er to ystem ues , er unds Staff Analysis of Primary Issues  What benefit will this project provide? Modeling estimates indicate a reduction of 14,236 pounds/year (7.1 tons/year) of total suspended solids and 12.95 pounds/year of total phosphorus, with a total volume reduction of 760,481 cubic feet/year (17.45 acre-feet/year). The chamber system will also provide a means by which to draw down stormwater runoff from the existing ditch sections and store the runoff in the subsurface chamber until such time as it can infiltrate, reducing some of the standing water issues currently experienced within the Hamburg Avenue ditch sections.  How will the project be financed? Listed below is a summary of the project’s funding sources: VRWJPO: $109,791.50 DCSWCD: $50,000 Total: $159,791.50 *The City of Lakeville will provide in-kind service contributions through engineering design and construction of the project, as well as long-term maintenance associated with the improvements. JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF LAKEVILLE FOR A STORMWATER TREATMENT PROJECT AS PART OF THE HAMBURG AVENUE RECONSTRUCTION PROJECT 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 103B.255 and as otherwise provided by law; and WHEREAS, the City of Lakeville (City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, the City of Lakeville desires to reconstruct a mile of Hamburg Avenue to improve drainage issues in the road ditches by replacing culverts, reducing sediment build-up and improve water infiltration (Project); and WHEREAS, the VRWJPO is proposing to install a stormwater chamber system and amended soils within the road ditches to provide for pollutant removal by means of stormwater treatment and infiltration; and WHEREAS, the estimated cost of the Project is $159,791.50. Dakota County Soil and Water Conservation District will present this project to its Board for $50,000 in cost share. The City is seeking $109,791.50 from the VRWJPO; and NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO shall derive from this Agreement, the City and the VRWJPO, through the VRWJPB, 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 City and the VRWJPO for the Project. 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 (City). ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until March 31, 2016, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The city and the VRWJPO 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 not to exceed One Hundred Ten Thousand Dollars and No/100 ($110, 000.00) for costs directly related to the completion of the Project. 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 completed in accordance with the terms of this Agreement and in accordance with the specifications for the Project, which are attached hereto and incorporated herein as Exhibit 1. 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 the terms of this Agreement may only be used by the City for the payment of costs directly related to the completion of the Project as described in Exhibit 1. 6.2 CONSTRUCTION REQUIREMENTS. The Project shall be constructed in accordance with the approved specifications in Exhibit 1. Any modifications to the specifications require prior approval from VRWJPO staff. 6.3 COSTS. The City is solely responsible for the cost of constructing the Project according to the approved plans and specifications. 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 constructions of the Project. 6.5 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations in constructing the Project, including obtaining all necessary permits to construct the Project. 6.6 PUBLICITY. The City hereby permits the VRWJPO to take and disclose photographs of the Project for use in publications or promotional material or on its website for the purpose of highlighting the VRWJPO’s programs. The City shall appropriately acknowledge the funding provided by the VRWJPO in any promotional materials, signage, reports, publications, notices, and presentations related to the Project. This section shall service the expiration or termination of this Agreement. ARTICLE 7 INDEMNIFICATION 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. ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS 8.1 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 representative 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 VRWJPO: Mike Slavik or successor, Chair Vermillion River Watershed Joint Powers Organization 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7030 TO THE CITY: Matt Little or successor, Mayor City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Telephone: (952) 985-4410 In addition, notification to the VRWJPO regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 8.2 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 Email: travis.thiel@co.dakota.mn.us City Liaison: McKenzie Cafferty Environmental Resources Manager Telephone: (952) 985-4520 Email: mcafferty@lakevillemn.gov ARTICLE 9 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. ARTICLE 10 TERMINATION 10.1 IN GENERAL. Either 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 party. 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. This Agreement may also be terminated by the City in the event of a default by the VRWJPO. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. 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. 10.2 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 sources, or if it’s 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 Agreement. 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 11 MINNESOTA LAW TO GOVERN 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. ARTICLE 12 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. ARTICLE 13 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. ARTICLE 14 GOVERNMENT DATA PRACTICES The City and the VRWJPO must comply with the Minnesota Government data Practices Act, Minn.Stat. ch. 13, as it applies to all data provided, created, collected, received, stored, used, maintained, or disseminated under this Agreement. The civil remedies of Minn.Stat. § 13.08 apply to the release of the data referred to in this clause by either the City or the VRWJPO. ARTICLE 15 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. CITY OF LAKEVILLE By ___________________________________ Matt Little, Mayor Date of Signature: _____________________ By ___________________________________ ______________________, City Clerk Date of Signature: _____________________ VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION APPROVED AS TO FORM: By ___________________________________ s/Helen R. Brosnahan July 15, 2015 Mike Slavik Chair Assistant Dakota County Attorney Date Date of Signature: _____________________ VRW Res. No. _____ KS-15- 303 Dakota County Soil and Water Conservation DistrictCOST SHARE CONTRACT Cost Share Program Type CCS CIF X CCP GENERAL INFORMATION Watershed Name Contract Number Individual / Group Board Meeting Date: Vermillion River (South Creek)15-CCP-03 Individual APPLICANT Applicant Address/City/State Contact Information * If this is a group contract, this must be filed and signed by the group spokesperson as designated in the group agreement. CONSERVATION PRACTICE LOCATION Address or Township Name Township Range Section 1/4,1/4 Hamburg Avenue 114 20 33 0 of 0 Lakeville, MN 55044 CONTRACT INFORMATION 1. 2. 3. 4. 8/6/2015 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: The Applicant is solely responsible to obtain all permits and perform the work in compliance with local, state and federal regulations. Lakeville, MN 55044 Mac Cafferty 952-985-4520 mcafferty@ci.lakeville.mn.us 20195 Holyoke Avenue Mac Cafferty 952-985-4520 mcafferty@ci.lakeville.mn.us 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. 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. 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 seventy-five (75) 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. 5. 6. 7. not been started by terminate on that date. 8. consent to reschedule the work and funding. 9. 10. APPLICANT SIGNATURES Date Landowner/Applicant Address City/State/Zip Code CONSERVATION PRACTICE Eligible component(s) Other recognized technical practice Engineered Practice X Total Cost Estimate Ecological Practice . TECHNICAL ASSESSMENT AND COST ESTIMATE Dakota County SWCD Technical Representative Date AMOUNT AUTHORIZED FOR PAYMENT (ENCUMBRANCE) Cost share is approved at up to 75%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 Dakota County SWCD Board Chair Board Meeting Date $159,791.50570 Stormwater Runoff Control 11/1/2015 (date) in which case this contract will automatically The Project will be installed by 11/31/15 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 Grant the Dakota County SWCD representative(s) access to the parcel where the conservation practice is located for the effective life of the project (10 years from installation) for inspection purposes. [initial/date___________________ ] $50,000.00 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 (10 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. (date), unless this contract is amended by mutual 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. The Applicant authorizes the Dakota County SWCD to 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. Dakota County Soil and Water Conservation District Bioretention Operation and Maintenance Plan Cost Share Program IPP FRG CCS CIF X CCP PROJECT:Hamburg Avenue Stormwater Retrofits OWNER NAME:Mac Cafferty Mac Cafferty PROJECT ADDRESS: Hamburg Avenue Lakeville, MN 55044 • • • • • • • • • SPECIFIC RECOMMENDATIONS FOR YOUR PROJECT Curt Coudron 651-480-7774 Mac Cafferty 952-985-4520 a. b. c. d. DAKOTA COUNTY SWCD TECHNICAL REPRESENTATIVE SIGNATURE: ___________________ DATE: _______________ OWNER SIGNATURE: ____________________________________________________________ DATE: _________________ Revised 7/15/15 GENERAL RECOMMENDATIONS Make sure all structure drains are functional and soil is not being transported through the drainage system. The screens and/or rodent guards shall also be kept in place. Eradicate or otherwise remove all rodents or burrowing animals and repair any damage caused by their activity. • The SWCD contact person for this project is: • The field person providing maintenance for this project is: CONTACT: Inspections and maintenance are required to obtain intended function of the practice. The owner agrees to operate and maintain the practice in accordance with the recommendations listed below at their own expense. The Cost Share Contract prohibits the removal and/or modification of the practice for ten (10) years from the date of completion without prior written approval by the Dakota SWCD. Report any observed active erosion, land disturbances or other unusual conditions that may affect the intended performance of the practice to the Dakota County SWCD immediately. Call (651) 480-7777 For bioretention areas, periodic removal of sediment and debris is necessary to maintain the effectiveness. The cleanout intervals may vary depending upon the volume of sediment that has accumulated. Avoid compacting the underlying soil. Maintain vigorous growth of desirable vegetative coverings. This may include reseeding, fertilization, weeding and/or controlled application of herbicides when necessary. Periodic mowing may also be needed. • Practice must be inspected at least two times per year (recommended spring and fall) to evaluate sediment accumulation in the ditch and chambers. • Sediment that has accumulated will be removed as needed to maintain the function of the practice. This may involve removal of sod and sediment, replacement of engineered soils, and vegetation replacement within the disturbed areas or may involve removal of sediment from within the chambers. Prevent unauthorized foot traffic, motorized vehicles or livestock entry. Immediately repair any vandalism, vehicular, or livestock damages. Arrangements are in place to provide and verify the vegetation will receive a total of 1 inch of water per week during the active growing season until the plant materials are well established. Repair areas of active erosion or channel or slope failure immediately. Additional measures to prevent reoccurrence may be necessary. Contact the Dakota County SWCD for technical assistance. A follow up on site meeting is scheduled to evaluate plant establishment progress, plant health, and weed control recommendations. • An onsite meeting with the SWCD contact person and the maintenance person shall be held at the time of seeding and/or plant material installation to verify that: The upland contributing drainage areas are stable and sediment has been removed from pavement surfaces. Measures to prevent high flows and/or keep the practice off-line during plant establishment are provided. C®ãù Ê¥ Lƒ»›ò®½½›C®ãù Ê¥ Lƒ»›ò®½½› HƒÃçÙ¦ Aò›Äç› HƒÃçÙ¦ Aò›Äç› SãÊÙÃóƒã›Ù R›ãÙÊ¥®ãÝSãÊÙÃóƒã›Ù R›ãÙÊ¥®ãÝ BENEFITS: Runoff volume reducƟon Phosphorus and sediment saved from traveling downstream Improved water quality Opportunity for public outreach and educaƟon PARTNERS: Vermillion River Watershed Joint Powers OrganizaƟon Minnesota Board of Water and Soil Resources City of Lakeville RECEIVING WATERS: South Creek PRACTICE: Stormwater Retrofit (InfiltraƟon) 4100 220th Street W, Suite 102, Farmington, MN 55024 Tel: (651) 480‐7777 Fax: (651) 480‐7775 www.dakotacountyswcd.org Revised: 7/28/2015 Hamburg Avenue INSTALLATION: Fall 2015 LOCATION: PROJECT FACTSHEET 15‐CCP‐03 Clean Water Fund:  ProtecƟng and restoring WATERSHED: Vermillion River FUNDING: Total Project Cost: $159,791.50 State Clean Water Fund: $50,000.00 Vermillion River Watershed JPO $109,791.50 PROJECT: The project involves the installaƟon of 3,473 linear feet of underground chambers to capture and infiltrate stormwater runoff. Currently, the runoff flows through the ditches along Hamburg Avenue and ulƟmately discharges to South Creek. The chambers will be located within the ditch and will provide temporary storage for water unƟl it infiltrates into the underlying soils.