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HomeMy WebLinkAboutItem 06.kDate: April 6, 2020 Item No. JOINT POWERS AGREEMENT WITH VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION FOR MIDDLE CREEK STREAM RESTORATION AND ACCEPT WENCK PROPOSAL FOR PROFESSIONAL SERVICES Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for Middle Creek Stream Restoration, City Project 20-14; and accept Wenck proposal for professional services. Overview The City and Vermillion River Watershed Joint Powers Organization (VRWJPO) are partnering to complete stream restoration of Middle Creek (a tributary to the Vermillion River) to improve habitat, bank stability and water quality, City Project 20-14. This project targets two divergent streams that merge east of Highview Avenue. Improvements include reconstructing and stabilizing stream banks that are experiencing erosion. The Joint Powers Agreement establishes City and VRWJPO project responsibilities and costs. Wenck’s proposal identifies the scope of services and estimated cost to complete the project. The City is the lead agency and will administer Wenck’s contract; therefore, the total project cost is reflected in this memo. The parties will share project responsibilities and jointly participate in the project cost. The total estimated project cost is $530,000; the City’s estimated net cost is $100,000. Anticipated funding sources are listed below. Construction is programmed for 2020/2021. Funding Sources Amount Utility Fund – Environmental Resources $100,000 Vermillion River Watershed Joint Powers Organization $50,000 Clean Water Fund Grant (MN Board of Water and Soil Resources) $380,000 Total $530,000 Primary Issues to Consider •Proposal is subject to the Master Agreement for Professional Engineering Services between the City and Wenck approved by the City Council on July 18, 2016. Supporting Information •Joint Powers Agreement; Wenck Associates, Inc. proposal dated February 24, 2020 Financial Impact: $530,000 Budgeted: Y☒ N☐Source: Utility Fund – Env. Res. Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: McKenzie Cafferty, Environmental Resources Manager JOINT POWERS AGREEMENT FOR THE MIDDLE CREEK AT HIGHVIEW AVENUE STREAM RESTORATION PROJECT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF LAKEVILLE CITY PROJECT 20-14 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, Middle Creek is a tributary to the Vermillion River; and WHEREAS, Middle Creek contributes to the Vermillion River, which is identified on the EPA’s 303d Impaired Waters List for macroinvertebrates and fish due to stressors affecting their health; and WHEREAS, Middle Creek has significant erosion that is contributing sediment to downstream reaches of Middle Creek and the Vermillion River; and WHEREAS, sediment was identified as the primary stressor to the biological communities in the Vermillion River Watershed Restoration and Protection Strategy (WRAPS) report; and WHEREAS, restoration strategies were identified in the Vermillion River Watershed Restoration and Protection Strategy (WRAPS) report to aid in restoring Middle Creek and the Vermillion River; and WHEREAS, reducing the sediment load in Middle Creek (Project) is a means to address the stressors affecting the Vermillion River and remove it from the impaired waters list; and WHEREAS, the estimated Project cost is $530,000; and WHEREAS, the VRWJPO was awarded a $380,000 Clean Water Fund Grant (Grant) from the Minnesota Board of Water and Soil Resources (BWSR); and WHEREAS, the Grant has a minimum match requirement equal to 25% of the amount of Grant monies received, which can be in the form of cash or in-kind services; and WHEREAS, the VRWJPO and City have both included cash match for this Project in their Capital Improvement Plan and will jointly participate in the design and construction and related activities after applying Grant monies. NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO shall derive from this Agreement, the VRWJPO, through the 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 Project responsibilities and Project cost-sharing obligations of the VRWJPO and the City. ARTICLE 2 PARTIES The parties to this Agreement are the VRWJPO and the 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, 2023, 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 VRWJPO and 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 TECHNICAL AND QUALITY ASSURANCE The VRWJPO and City will provide technical and quality assurance for the Project. Any engineer providing technical or quality assurance for the Project must be a licensed Professional Engineer in the State of Minnesota. ARTICLE 6 PROJECT PLANS AND SPECIFICATIONS The City is the lead agency for design and construction administration of this Project, effective upon execution of this Agreement by both parties. The VRWJPO and City shall approve the plans and specifications (Project Plans) prior to advertising for bids. ARTICLE 7 PAYMENT 7.1 The City will administer the contract and act as the paying agent for all payments to the Contractor. 7.2 The Grant will reimburse the following project-related activities up to the amount listed: $10,000 for grant administration and coordination (VRWJPO eligible) and $370,000 related to the engineering, permitting, bidding and construction of the Project (City eligible). In the event funds allocated for grant administration are unspent, the unspent monies can be applied towards project costs. 7.3 The Grant has a match requirement to the amount of monies received. The match shall be shared in the amount of up to $50,000 in cash match by the VRWJPO and up to $100,000 of cash match by the City up to a total maximum Grant match amount of $150,000 and expended prior to release of Grant monies. 7.4 The City’s maximum eligible reimbursement amount when accounting for the Grant and VRWJPO cash match is up to $430,000. 7.5 No payment shall be made prior to Project Plans approval by the VRWJPO and City. 7.6 The VRWJPO shall pay the City for engineering and construction costs on a reimbursement basis. Under the terms of the Grant, the VRWJPO will receive funds in the following disbursements: (a) 50% after execution of the Grant; (b) 40% after the first 50% has been expended and Grant reporting requirements are met; and (c) 10% after final Grant requirements are met. The VRWJPO will make progress payments to the City, if requested, on a reimbursement basis, contingent upon the VRWJPO’s receipt of adequate Grant disbursements to make City requested payments. Ten percent (10%) of the Agreement Maximum shall be withheld until the VRWJPO has verified that the project has been installed in accordance with this Agreement and the Project Plans. All requests for payment shall be supported by itemized Project receipts and invoices determined by the VRWJPO to be practical and reasonable for completion of the Project. 7.7 The VRWJPO may refuse to pay claims 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 8 CITY OBLIGATIONS 8.1 AUTHORIZED PURPOSE. The funds provided under the terms of this Agreement may only be used by the City for the payment of costs directly related to the Project. 8.2 CONSTRUCTION REQUIREMENTS. The Project shall be constructed in accordance with the Project Plans. The VRWJPO and City shall approve any modifications to the Project Plans. 8.3 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of the Project shall be addressed in the contracts with the construction firm or professional services firm. 8.4 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. 8.5 OPERATION AND MAINTENANCE. The City shall be responsible for on-going maintenance of the Project or will request shared responsibility with the VRWJPO for on-going maintenance of the Project upon completion for a minimum of 10 years unless necessitated by a failure due to Acts of God or Force majeure. On an annual basis, the VRWJPO and City will have within their collective Capital Improvement Programs 20 percent of the final project construction cost for repairs or project maintenance to ensure acceptable performance for 10 years from the time of project completion. Operation and Maintenance will follow the schedule, procedures, and actions identified in the Operation and Maintenance Plan (Exhibit 1). 8.6 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. 8.7 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 to highlight the VRWJPO’s programs. The City shall appropriately acknowledge the funding provided by the VRWJPO, the State of Minnesota, and the Clean Water, Land, and Legacy Amendment 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 9 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. 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. This section shall survive the expiration or termination of this Agreement. ARTICLE 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 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 an amendment 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, or successor 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 City shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 10.2 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 11 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, or as delegated by the parties’ respective Boards, and signed by the Authorized Representatives, or delegated authority, of the VRWJPO and the City. ARTICLE 12 TERMINATION 12.1 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. 12.2 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. 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. The VRWJPO will pay for expenses incurred by the City up to Notice of Termination of work on the Project. ARTICLE 13 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 14 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 15 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 16 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 17 SURVIVABILITY The provisions of sections 8.3 (Construction and Design Failures), 8.5 (Operation and Maintenance), 9 (Indemnification) and 16 (Government Data Practices) survive the expiration or termination of this Agreement. ARTICLE 18 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 Mike Slavik or successor, Chair Assistant Dakota County Attorney Date of Signature: _____________________ Date of Signature: 3/13/20 VRW Res. No. _____ KS-20-102 Vermillion River Watershed Joint Powers Organization 4100 220th St. W., #103, Farmington, MN 55024, 952.891.7000, Fax 952.891.7588 Operation and Maintenance Plan 2020 CWF Middle Creek at Highview Avenue Streambank and Grade Stabilization Project Grant Project Summary and Maintenance Agreement The Vermillion River Watershed Joint Powers Organization (VRWJPO) is partnering with the City of Lakeville (City) to repair eroded reaches of Middle Creek that cause increased turbidity and impact biotic populations in Middle Creek and the Vermillion River. This project will directly repair areas of erosion and grade instability with stream stabilization practices. Stream meandering to create a stable channel profile and planform and to provide better connectivity to the floodplain may also be used selectively to reduce erosion. These improvements will result in significantly reduced erosion and downcutting of the channel that will lower stream turbidity levels and create conditions for healthier and more diverse biotic populations. As described in the project work plan submitted to the Board of Soil and Water Resources (BWSR), operation and maintenance of the practice will be managed by incorporating it into the City’s Capital Improvement Program maintenance plan for a minimum of 10 years. The City will request maintenance assistance from the VRWJPO as needed to address repairs and maintenance for the project. Access to the project location is guaranteed because it is located on City land (i.e., outlots and parkland) and is connected to City roads. Inspection Schedule This project will be inspected by City and/or VRWJPO staff once per year unless complaints or other notifications require an inspection more frequently, or if precipitation events of large size or high intensity occur near the project site. The inspection will evaluate the initial stabilization of the project, sufficient growth of planted vegetation, erosion beyond what would be considered geomorphologically acceptable, stability of grade control features, and to ensure that the project is allowing the creek to function as intended through the design. Inspection Procedure Inspections of the practice are anticipated to follow this procedure, but the procedure may be edited based on final construction or results of ongoing inspections. The City and VRWJPO are utilizing staffs’ EXHIBIT 1 Vermillion River Watershed Joint Powers Organization experience from other stream restoration and stormwater improvement projects to inform the procedure. 1.Visually verify growth of planted vegetation. If deficiency exists in vegetative growth, reseeding, controlled application of herbicides may be necessary to achieve acceptable growth, and periodic mowing may also be needed for establishing vegetation. 2.Inspect grade control features to ensure that the feature is intact. Verify that water is not circumventing the feature (i.e., cutting around or below) and allowing the migration of the head cut further upstream. If a head cut has managed to circumvent or compromise a grade control feature, action will be taken to implement a grade control feature upstream of the head cut to prevent further head cut migration. 3.Ensure that stormwater outfalls discharging to the stream channel are stable, provide adequate energy dissipation, and are not causing excessive erosion to stream banks. 4.Inspect the stream channel for debris, deadfall trees, or other stream blocking or materials that redirect the flow of water toward a streambank that results in excessive erosion. If these types of materials are found and are causing excessive erosion, they will be removed promptly. 5.Visually inspect the banks for failure of any slope treatments including: destabilization of boulder and rock material, destabilization of wood toe material, and sloughing or erosion of soils and surface vegetation. Make repairs to any bank issues observed as necessary and ensure vegetation is adequate to prevent erosion. 6.Visually inspect areas with significant sediment deposition and investigate if the potential source of sediment has resulted from the streambank and grade stabilization project. If the source of sediment is from the project and appears to be a result of site-specific failure, the source of the failure should be promptly fixed. If the sediment deposition is impeding flow or redirecting flow such that it is compromising the stability of the stream channels, the deposition will be removed and a long-term solution to addressing sediment deposition in that location will be developed and implemented. Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming Toll Free 800-472-2232 Web wenck.com February 24th, 2020 Mac Cafferty Environmental Resources Manager City of Lakeville 20195 Holyoke, Ave Lakeville, MN 55044 RE: Middle Creek at Avonlea Stream Restoration Project - Phase II Dear Mr. Cafferty: As requested, Wenck Associates, Inc. (Wenck) submits this proposal to assist the City of Lakeville (City) with continued engineering, permitting, and construction support for Phase II of the Middle Creek Stream Restoration Project at the Avonlea Residential Development. In August 2019 Wenck began a project with the City to complete the initial field survey, channel assessment, and 30% design for the Avonlea Reach of Middle Creek. The information gathered during Phase I of this project was used to develop the concept design for the stre am reach. The City worked in partnership with the Vermillion River Watershed Joint Powers Organization (VRWJPO) to apply for grant funds for the stream restoration and habitat improvement project. The project was successfully awarded grant funds in January 2019 and is now ready to proceed to Phase II. Due to timing of the grant cycle compared to the kickoff of the Phase I project, some of the design evaluation for the target reach of Middle Creek was completed after the grant application was submitted. Now that the project has been awarded grant funding, Wenck will work with the City and VRWJPO to complete a final design that accomplishes the desired objectives for the stream restoration while ensuring the grant requirements to provide water quality and habitat improvements are met. The City has requested additional support from Wenck to assist with the completing the design, obtaining permits, taking the project through the public bidding process, and providing construction oversite. Wenck will complete the following tasks to continue to support the City during Phase II of the Middle Creek Stream Restoration Project at the Avonlea Development Site: • Develop 75% Design Package: Wenck will conduct a review of the 30% design concept for the reach. The Avonlea reach of Middle Creek includes two channels that are each approximately 2,500 feet in length. The City has acquired an outlot that includes the Middle Creek channel and adjacent floodplain for the full channel length on the project site. The width of the City property along the channel is approximately 150 feet. The residential development has added a large box culvert to each reach as road crossings. These culverts essentially divide up Middle Creek on the project site into four different reaches. The new road crossing box culverts will be incorporated as constraints on the design for the new channel (i.e. profile and elevations of proposed improvements will have to tie in to the box culverts which have already been set). Additionally, there are other features of the development such as trails, stormwater ponds, and residential rear yards that are immediately adjacent to the City property. This next phase of design will focus on improving the channel function within each of the four reaches. The revised design will stay within the City property and work within the constraints of the adjacent development features. Revisions, Mac Cafferty City of Lakeville February 24th, 2020 2 T:\5895 Lakeville\0000 - Client Management\Middle Creek at Avonlea_2020 Phase II Proposal.docx updates, and/or adjustments to the proposed design features will be made based on the reach conditions to ensure project goals are met. There may be an opportunity to add meanders to this reach of Middle Creek to enhance the initial 30% Design concept that was submitted for grant funding. However, there could be other implications to project if meanders are added such as permitting requirements and increased project cost. Wenck will schedule an initial design meeting (which may be held as a conference call) with the City and VRWJPO to evaluate if channel meanders can be added to the stream project as this time. Based on input during this call Wenck will lead design efforts to develop a 75% plan set and cost estimate. All design information for the project will be incorporated into AutoCAD and a full plan set, including design details sheets. The 75% plan set will be provided to the City and VRWJPO for review and comment. This submittal will include an engineer’s estimate of probable cost for the project. Wenck will address one round of comments from the City and VRWJPO and then provide the 75% plan set to the DNR for their comments on the habitat features of the design. Task Estimate: $17,700 •Project Permitting: The stream restoration project will require permits from the Minnesota Department of Natural Resources (DNR) and the US Army Corps of Engineers (Corps). Wenck will utilize the 75% plan set to develop the total amount of proposed stream channel and wetland “impacts” and develop permit applications. The appropriate applications will be submitted to the DNR and Corps. The project will require a Work in Public Waters permit from the DNR and should qualify for a 404 Nationwide permit from the Corps. These permits will be needed before the project can be constructed. The City has jurisdiction for Wetland Conservation Act (WCA) permitting for the project site and it is assumed the City will internally handle WCA permitting requirements. Based on field visits we do not think there will be wetland impacts from the project. Wenck will respond to comments on the permit applications from the DNR and Corps regarding project design as part of the permit acquisition process. The acquired permits will be provided to the City for their project records. Task Estimate: $6,800 •No Rise Modeling: The intent of the proposed project design will be to ensure that the improvements to the channel do not impact channel flow, including base flood stages upstream and downstream of the project site. This will ensure that revisions or alterations to the local flood elevations are not required. Wenck will utilize existing hydrology models for the City that have been previously developed (it is assumed City will provide the ‘existing model’). Wenck will prepare a “updated existing model” of the stream reach to document that the model accurately reflects current stream conditions. Wenck will then incorporate the project design features and channel dimensions to produce a “proposed model”. The proposed model will document that base flood elevations upstream and downstream of this project area are not negatively impacted (increased) by the design. Details from the model will be used to inform the design to ensure flood elevations are not altered. Wenck will prepare a “No Rise” memo documenting the modeling methodology, steps, and results. The memo will be similar to the memo provided to the City for the South Creek Golden Pond project. The memo will be retained by the City in their records to document that no additional modeling or floodplain permitting is needed to accommodate the project. Task Estimate: $8,000 Mac Cafferty City of Lakeville February 24th, 2020 3 T:\5895 Lakeville\0000 - Client Management\Middle Creek at Avonlea_2020 Phase II Proposal.docx •Final Plan Set and Bid Package: Wenck will address one round of DNR comments on the design and review these comments with the City and VRWJPO. Wenck will provide an updated cost estimate to the City and VRWJPO for review and comment at the 90% design stage. This will allow both parties an opportunity to review the project design compared to initial project goals, grant requirements, and grant funding. Wenck will make minor revisions to the project design if needed to ensure cost of the final design matches the grant requirements and funds. Wenck will then incorporate a final round of comments from the City and VRWJPO on the design and prepare the final engineering plan set for bidding and construction. Wenck will prepare the full Bid Package including the engineering plans for construction, project details, project specifications, and notice to bidders. Wenck will post the Bid Package to Quest to initiate the public bidding process. Task Estimate: $ 14,900 •Bidding Assistance: Our experience with recent City projects indicates that conducting a pre-bid meeting with potential contractors at the project site is beneficial to the overall bidding process. The onsite pre-bid meeting allows contractors to see important components of project access for construction and allows for time to directly answer contractor questions which results in competitive bid prices. Wenck will attend the mandatory pre-bid field meeting with the potential bidders and attend the bid opening with the City. Wenck will answer questions from the contractors during the bid period as needed. After the bid opening, Wenck will compile the bid tabulation and will be provide it to the City along with a recommendation for moving forward with contractor selection. Task Estimate: $4,100 •Construction Staking: Wenck will provide field staking, including known utilities to facilitate the construction of the stream project. Wenck will also stake the access area along City property and clearly mark “No Access” areas identified by the City to the contractor. Wenck will also provide stakes showing the locations of specific design practices and stream features that need to be called out for the project. After the initial staking of work limits and design practices the contractor will be responsible for maintaining/replacing damaged or lost stakes. Task Estimate: $2,200 •Contractor Oversight and Contract Management : Wenck will partner with the City to coordinate the field schedule with the project contractor. Wenck will also review the contract items submitted for payment and provide confirmation to the City on the completed items to authorize payment. Task Estimate: $2,600. •Field Construction Oversight: Wenck has worked directly with City staff to conduct construction inspections site visits for similar stream projects South Creek at Golden Pond and South Creek at Hamburg (Buddy’s Kitchen). The Middle Creek project channel length is longer than the previous channel projects and therefore total construction time is likely to be longer. Project construction for Middle Creek may be completed as a phased construction project, with one phase taking place in summer/fall of 2020 and the second phase taking place in summer/fall 2021. The phase 1 2020 construction is expected to take six to eight weeks. Wenck will complete up to twelve site visits in coordination with City staff during Phase 1 of construction to ensure stream features and key design components are properly installed and connected to existing City infrastructure. Wenck will coordinate directly with City staff Mac Cafferty City of Lakeville February 24th, 2020 4 T:\5895 Lakeville\0000 - Client Management\Middle Creek at Avonlea_2020 Phase II Proposal.docx during construction and provide verbal field updates to City each day Wenck field staff are onsite at the project. Some design features may be adjusted during construction as the installation of a habitat feature can alter stream conditions and require field adjustments. Wenck will work directly with the construction contractor as needed to ensure all features are properly installed at appropriate locations. During the last week of project construction Wenck will develop a punch list of final project items that need to be addressed before construction can be certified as complete. Wenck will review the punch list with the City and the construction contractor to ensure the project design and specifications have been met. Phase 1 Construction Task Estimate: $13,800 • Final Project Review and As-built Surveys: Wenck will review the final contract submittals for the project from the construction contractor. Wenck will provide a recommendation to the City on the final project status. The final payment application will be reviewed and provided to the City for their records and processing. Additionally, Wenck will collect survey information on the installed elevation of various project features during construction of the stream project. This will include elevations of items such as channel centerline, toe of slope, top of bank, and installed design practices. Wenck will use the survey data collected during construction to create a final as-built plan sheet that will be provided to the City in PDF and GIS format (shapefiles or geodatabases) for inclusion within their GIS database. Task Estimate: $2,100. Future Optional Tasks Environmental Review: One of the comments from the DNR provided as part of their grant application review is that this reach of Middle Creek may benefit from the addition of some meanders to the channel. Wenck has developed a plan to potentially incorporate meanders into sections of the stream channel. The addition of meanders could trigger the need for an Environmental Assessment Worksheet (EAW) to evaluate the project under Minnesota Rules 4410.4300, subpart 27. The Wenck Team has extensive experience completing EAW documents for our design projects and could assist the City with this effort if it is needed. Wenck could prepare a draft EAW and provide it to the City, to allow the City to administer the public review and participation process. Our estimate to complete the Draft EAW for the Middle Creek Project, Assuming the City completes the tasks associated with the RGU responsibilities, is $8,000 - $10,000. Wenck can provide a detailed scope and cost estimate for this optional task if requested by the City. Phase 2 Construction: Depending on the final design options developed under the 75% Design Phase, it may be determined that the Middle Creek project construction should be phased across two construction seasons (2020 and 2021). The effort required for phase 2 construction oversight will not be known until the project design is complete and the total progress accomplished during Phase 1 construction is known. It is possible that phase 2 construction could be an additional 6 to 8 week effort. Our estimate at this time to assist with phase 2 construction oversight and contract administration is $13,000 - $15,000. Wenck can provide a detailed scope and cost estimate this optional task after the phase 1 construction is complete. Mac Cafferty City of Lakeville February 24th, 2020 5 T:\5895 Lakeville\0000 - Client Management\Middle Creek at Avonlea_2020 Phase II Proposal.docx Wenck proposes to complete the tasks outlined above following the terms and conditions of the current Master Services Agreement. The total cost to complete the above described tasks (excluding the future optional tasks) is $72,200. We propose to complete the tasks outlined within this proposal under our time and materials rates. We would not exceed this budget amount without prior authorization from the City. If additional services are requested or out -of- scope tasks are identified, Wenck would provide the City with a scope and budget for authorization before proceeding. The City and VRWJPO have indicated that the target for this stream project will be to construct the project during the fall of 2020. Middle Creek is a warmwater stream and as a result it does not have the cold water stream stipulation that channel work must be completed prior to September 1st. This allows for a fall construction window for this project. In order to complete design and permitting work this spring, we recommended work to being on this project immediately. Our estimate is for design, modeling, and permitting task to be conducted in April through June. The target will then be to have permits issued by mid to late summer so that the bidding process can also be conducted during this midsummer time frame, allowing for a fall construction period. On behalf of the 300+ employee-owners of Wenck, thank you for this opportunity to work with the City of Lakeville. Should you have questions or need clarification of information presented in this proposal please do not hesitate to contact me at 763-479-4263 or via email at jmadejczyk@wenck.com. Sincerely, ACCEPTED BY: Wenck Associates, Inc. City of Lakeville Jeff Madejczyk By Principal Its Date