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HomeMy WebLinkAboutItem 06.h Date: Item No. JOINT POWERS AGREEMENT WITH VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION FOR 205TH STREET CHANNEL STABILIZATION IMPROVEMENTS Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for 205th Street Channel Stabilization Improvements. Overview The City and Vermillion River Watershed Joint Powers Organization (VRWJPO) are partnering to reconstruct an existing storm water channel that is experiencing progressively eroding stream bank failures. The channel is located north of 205th Street, between Jupiter Way and Kensington Way, and is directly tributary to Lake Marion. The City partnered with the VRWJPO and Dakota Soil & Water Conservation District in 2009 to complete a similar project (Phase 1) along the upstream portion of the channel. Proposed Phase 2 improvements include channel reconstruction to restore channel function and stability and improve water quality to Lake Marion. The City is the lead agency for the project. Construction is programmed for 2017. The Joint Powers Agreement (JPA) establishes City and VRWJPO project responsibilities and cost participation. The Vermillion River Watershed Joint Powers Board previously authorized execution of a JPA with the City. Primary Issues to Consider • The City is responsible for 100% of the project costs, but VRWJPO will reimburse the City up to $100,000 for construction costs. The estimated total project cost is $269,745. The City’s funding source is the Utility Fund - Environmental Resources. Supporting Information • Joint Powers Agreement (Contract No. C0028804) Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Notes: Additional funding provided by Vermillion River Watershed Joint Powers Organization Report Completed by: McKenzie Cafferty, Environmental Resources Manager February 6, 2017 269,745 Utility Fund – Env. Resources SHEET INDEX IMPAIRED WATERS, SPECIAL WATERS, AND WETLANDSThis Project is not located within 1 mile of a special water.This Project is located within 1 mile of an impaired water (see figure above): Lake Marion impaired for Hg-FBecause of the proximity of the project to an impaired water during construction allexposed soil areas must be stabilized as soon as possible to limit soil erosion but in nocase later than 7 days after the construction activity in that portion of the site hastemporarily or permanently ceased.Site disturbance will be kept outside of the wetland buffer so this Project will not impactwetlands.EROSION CONTROL ESTIMATED QUANTITIESPollution Prevention MeasuresSolid WasteSolid waste, including but not limited to, collected asphalt andconcrete millings, floating debris, paper, plastic, fabric,construction and demolition debris and other waste must bedisposed of properly and must comply with MPCA disposalrequirements.Hazardous MaterialsHazardous materials, including but not limited to oil, gasoline,paint and any hazardous substance must be properly storedincluding secondary containments, to prevent spills, leaks orother discharge. Restricted access to storage areas must beprovided to prevent vandalism. Storage and disposal ofhazardous waste must be in compliance with MCPA regulations.Washing of Construction VehiclesExternal washing of trucks and other construction vehicles mustbe limited to a defined area of the site. Runoff must be containedand waste properly disposed of. No engine degreasing is allowedon site. Concrete Washout AreaThe contractor shall use means to ensure turbid discharge fromconcrete washout is contained and not released to surfacewaters. Concrete washout shall be offsite.AmendmentsAmend the SWPPP as necessary to address any changes indesign, construction, operation, maintenance, weather orseasonal conditions that have a significant effect on discharge ofpollutants to surface or underground waters; or to addressconcerns identified during inspections or investigations byOWNER, USEPA or MPCA.Record RetentionThe SWPPP, all changes to it, and inspection and maintenancerecords must be kept on-site during construction. The OWNERmust retain a copy of the SWPPP along with the following recordsfor three (3) years after submittal of the Notice of Termination. 1. Any other permits required for the project;2. Records of all inspection and maintenance conducted duringconstruction;3. All permanent operations and maintenance agreements thathave been implemented, including all right of way, contract,covenants and other binding requirements regarding perpetualmaintenance;4. All required calculations for design of the temporary andpermanent stormwater management systems.InspectionsThe inspection log will be completed by the CONTRACTOR forthe construction site. Inspections at the site will be completed asfollows: Once every seven (7) days during active construction and, Within 24 hours after a rainfall event greater than 0.5 inches in24 hours.The individual performing inspections must be trained as requiredby part IV.E of the Permit. CONTRACTOR to provide OWNERwith proof of training. Inspections must include stabilized areas,erosion prevention and sediment control BMPs, and infiltrationareas. Corrective actions must be identified and date of correctionmust be noted as identified in Section IV.E. of the Permit.Construction Dates: February 2017 --XO\ 2017Party Responsible for Long Term Operation and Maintenance of the Site-OWNERCity of Lakeville Mac Cafferty, Environmental Resources Manager20195 Holyoke Avenue (952) 985-4528Lakeville, MN 55044 mcafferty@lakevillemn.govParty Responsible for Implementation of the SWPPP - CONTRACTOR(TBD)Surface Area TabulationProject DescriptionThis project consists of the stabilization of a drainage channel that dischargesto Lake Marion. The project is located north of 205th Street, north of JupiterWay and east of Kensington Way. Construction activities will include regradingthe channel, construction of riprap toes and cascades, and selective treeremoval to open up the canopy and allow vegetation to establish. Constructionactivity is occurring within the normal wetted perimeter of a stream that is partof a larger watershed, so this project poses a risk to water resources and willrequire a construction stormwater permit.DewateringTurbid or sediment-laden water must be treated with the appropriate BMPs,such that discharge does not adversely affect the receiving water. Ensure thatdischarge points are adequately protected from erosion and scour. CONTRACTOR responsible to develop and submit dewatering plan toengineer, secure any required permits, and comply with permits.EROSION AND SEDIMENT CONTROL PRACTICESAll exposed soil areas must have temporary erosion protection (erosioncontrol blanket, seed) as soon as possible or within 7 days after theconstruction activity in that portion of the site has temporarily or permanentlyceased.CONTRACTOR shall implement appropriate construction phasing,vegetative buffer strips, horizontal slope grading, and other constructionpractices that minimize erosion when practical. The normal wetted perimeterof any temporary or permanent drainage ditch that drains water from aconstruction site, or diverts water around a site, must be stabilized within200 lineal feet from the property edge, or from the point of discharge to anysurface water. Stabilization must be completed within 24 hours ofconnecting to a surface water. Pipe outlets must be provided with temporaryor permanent energy dissipation within 24 hours of connection to a surfacewater.The following measures will be taken as sediment control practices in orderto minimize sediments from entering surface waters:1. Installation of flotation silt curtain downstream of bank reslopingoperations prior to site disturbance. Flotation silt curtain shall be installed asshown on Sheet D-101 and shall be maintained and relocated as operationsof bank sloping progress. Flotation silt curtain shall not be relocated untilcurrent site is stabilized.2. Construction of rock construction entrance as shown on Sheet D-101.Rock construction entrance shall be located at the entrance to the accessroute as shown on Sheet EC-102 to prevent tracking of sediment offsite.Street sweeping of tracked sediment shall be performed as required.3. Installation of perimeter silt fence in the locations shown on SheetEC-102 prior to site disturbance. Silt fence shall be installed as shown onSheet D-101.4. Installation of inlet protection devices in the locations shown on SheetEC-102 prior to site disturbance. Inlet protection shall be installed as shownon Sheet D-101.CERTIFICATIONIn accordance with Part III.A.2 of the General PermitAuthorization to Discharge Stormwater Associated withConstruction Activity under the NPDES, the preparer ofthis document was trained under the University ofMinnesota Erosion and Sediment Control CertificationProgram. Mr. Louis Sigtermans' certification in Designof SWPPP is valid through May 31, 2017.MARION (EASTBAY) (Hg-F)MARION(EAST BAY)(Hg-F)MARION (EASTBAY) (Hg-F)MARION (MIDDLEBAY) (Hg-F)MARION(MIDDLE BAY)(Hg-F)MARION(WEST BAY)(Hg-F)UnnamedStreamUnnamedStreamUnnamedStream1,900 0 1,900950Feet±Path: L:\5895\0003\mxd\SWPPP\Impaired Water and Wetlands.mxdDate: 12/2/2016Time: 10:39:46 AM User: KacHD0606LegendProject Location1 Mile Radius2016 MPCA Impaired Streams (Draft)2016 MPCA Impaired Lakes (Draft)Lake, Pond or ReservoirRiver or Stream (polygon)Trout LakesTrout StreamRivers and StreamsNational Wetland InventoryJupiter Ave Kensington Ct205th St WJupiter CtKensington Way203rd St W202nd St WJupiter WayWaterHawick coarsesandy loam, 12 to 18percent slopesHawick coarsesandy loam, 12 to18 percent slopesHawick coarsesandy loam, 12 to 18percent slopesKanaranziloam, 0 to 2percent slopesKanaranzi loam,0 to 2 percentslopesColo silt loam,occasionallyfloodedHawick coarsesandy loam, 6 to12 percent slopesHawick coarse sandyloam, 12 to 18percent slopesKanaranziloam, 2 to 6percent slopesKanaranziloam, 0 to 2percent slopesHawick coarse sandyloam, 6 to 12percent slopesAquolls andHistosols,pondedKanaranziloam, 2 to 6percent slopesKanaranziloam, 2 to 6percent slopes200 0 200100Feet±Path: L:\5895\0003\mxd\SWPPP\Soils.mxdDate: 12/2/2016 Time: 10:26:51 AM User: KacHD06062016 Aerial Photograph (Source: MN GEO)Temporary Sediment BasinContractor shall construct andmaintain a temporary sedimentationbasin within the creek channelupstream of the floating silt curtain.Basin shall be relocated with theflotation silt curtain as required.Final Stabilization All areas disturbed by construction willreceive seed according to the plansand specifications and within thespecified vegetative time schedule. Final stabilization will occur when thesite has a uniform vegetative coverwith a density of 70% over the entiredisturbed area. All temporary syntheticerosion prevention and sedimentcontrol BMPs (such as silt fence) mustbe removed as part of the site finalstabilization. All sediment must becleaned out of conveyances andtemporary sedimentation basins ifapplicable.Notice of Termination (NOT) must besubmitted within 30 days of finalstabilization. Before Termination,revegetation establishment andcoverage must meet the permitrequirements.Louis H SigtermansMinneapolis, MNDesign of Construction SWPPP(May 31, 2017)uis H SigtermaMinneapolis, MNsign ofConstructionSWP(May 31, 2017)0DWHULDO  4XDQWLW\0Q'276HHG0L[ OEDFUH[DFUHV OE(URVLRQ&RQWURO%ODQNHW 6<,QOHW3URWHFWLRQ (DFK5LSUDS  721)ORDWDWLRQ6LOW&XUWDLQ /)&RQVWUXFWLRQ(QWUDQFH (DFK%LRUROO  /)6LOW)HQFH /) JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF LAKEVILLE FOR THE 205th STREET PHASE TWO CHANNEL STABILIZATION PROJECT CITY PROJECT 16-15 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 205th St. Channel (Channel) conveys stormwater to Lake Marion, and a portion of the Channel is severely eroded; and WHEREAS, erosion within the Channel adds excessive amounts of sediment and nutrients to Lake Marion causing water quality degradation; and WHEREAS, Lake Marion is not a nutrient-impaired water, but is close to the impairment threshold; and WHEREAS, protection strategies were identified in the Vermillion River Watershed Restoration and Protection Strategy (WRAPS) report to aid in protecting Lake Marion from becoming nutrient-impaired, and WHEREAS, stabilizing the erosion within the Channel (Project) will address the protection strategies for Lake Marion identified within the WRAPS report; and WHEREAS, the City is providing $62,000 to plan, design, obtain permits, provide construction oversight and other tasks associated with the planning, development, and execution of the Project; and WHEREAS, the estimated cost for the construction of the Channel stabilization is $197,860.00. The City is seeking $100,000.00 from the VRWJPO for the Project; 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 December 31, 2017, 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 Thousand Dollars ($100,000.00) 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 be repaid for any overpayment or disallowed claim. 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. 6.2 CONSTRUCTION REQUIREMENTS. The Project shall be constructed in accordance with plans and specifications approved by both City and VRWJPO staff. Any modifications to the plans and specifications require prior approval from both City and 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 construction 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 survive 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. Each Party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. 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: Justin Miller, City Administrator City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Telephone: (952) 985-4400 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 Neither party shall be liable to the 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 ___________________________________ Douglas P. Anderson or successor, Mayor Date of Signature: _____________________ By ___________________________________ Char Friedges, City Clerk Date of Signature: _____________________ VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION APPROVED AS TO FORM: By ___________________________________ /s/Helen R. Brosnahan 1/13/17 Mike Slavik or successor, Chair Assistant Dakota County Attorney Date Date of Signature: _____________________ VRW Res. No. _____ KS-16- 459