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HomeMy WebLinkAboutItem 06.eOctober 4, 2010 APPROVE JOINT POWERS AGREEMENT WITH VERMILLION RIVER WATERSHED JOINT POWER ORGANIZATION TO INSTALL POND IRRIGATION SYSTEM AT KING PARK Proposed Action Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization (VRWJPO) for a grant in the amount of $44,000. Overview Through the VRWJPO cost -share program, staff is looking to install a pond irrigation system for Fields 7 and 8 at King Park. The irrigation system will use the existing stormwater pond on the north east side of the site. The pond drainage area consists of 5 acres of pavement from Dodd Road and current gravel parking lot for King Park. Currently, the stormwater pond discharges to Middle Creek a tributary to the Vermillion River. By using the stormwater pond to irrigate the fields there will be reduced demand on the city water supply, as well as reduced runoff to Middle Creek. This site will also serve as a Water Conservation demonstration site for both the City of Lakeville and the VRWJPO. The irrigation system will be designed to provide irrigation for two fields and compatible with our current irrigation management systems throughout the City. The cost to install the system is $49,265. The grant from the VRWJPO will cover $44,000 of the cost of installation of the system. The City's contribution will be $5,265. Primary Issues to Consider • The agreement requires the City to maintain and operate irrigation system. The operation and maintenance cost is very nominal and is expected to be similar to existing systems throughout the City. Supporting Information • Joint Powers Agreement with VRWJPO • Grant application and design Llk Gerald S. Michaud Parks & Recreation Director Item No. Financial Impact: $5,265.00 Budgeted: Source: MN DNR Related Documents (CIP, ERP, etc.): Notes: WHEREAS, the Project would reduce deman conditions; and during large storm events, would prey Creek, a tributary of the Vermillion River; and WHEREAS, the estimated cost of the Project is $5 the VRWJPO; and WHEREAS, the VRWJP Cost Sharing Policy that provi potential partners for various water WHEREAS, th and pursuant to s NOW, derive from this ershed Plan e VRWJPB re ent efforts aff ARTICLE 1 PURPOSE ARTICLE 2 PARTIES Dakota County Contract # JOINT POWERS AGREEMENT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF LAKEVILLE FOR COST SHARE RELATED TO WATER CONSERVATION DEMONSTRATION PROJECT AT KING PARK 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 w, consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion (VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. provided by law; and WHEREAS, the City of Lakeville (City) is a governmental and pali`iil sbdivision"e State of Minnesota; and WHEREAS, the City is the fee title holder of real property irpakota County, Minnesot Park (Property); and WHEREAS, the City has proposed a water conservation der•�aati. °r -fit on the Pro y p p � prty that would re -use stormwater from a pond to irrigate two baseball fields (Project); and bpd management body r Watrshed Joint Powers Board B.211 to 1038.255 and as otherwise monly known as King he City's municip'm er supply during dry or drought rge of stormw -Q.II, tants from the pond into Middle s requesting cost share contribution from November 3, 2005, and said Watershed Plan contains a d 1J the cost sharing between the VRWJPO and hg the Vermillion River Watershed; and for improvements affecting the Vermillion River Watershed or up to a 100% cost share; and ual promises and benefits that the VRWJPO and the City shall ity hereby enter into this Agreement for the purposes stated herein. The purpose of this Agreement efine the responsibilities and cost sharing obligations of the VRWJPO and the City for the Project. 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). This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2010, 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. The VRWJPO and the City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to in good faith, undertake resolution of antspute in an equitable and timely manner. 5.1 The VRWJPO shall cost share with the City in an amount no ($44,000.00) for material and labor costs directly related t 5.2 The VRWJPO shall make payment to the City after VRWJPO has verified that the Project has been installed Project, which are attached hereto and incorporated herein a 5.3 The VRWJPO may refuse to pay any claim claim shall not preclude the VRWJPO from q right to offset any overpayment or disallowanc 6.1 6.2 6.3 AUTHORIZED PURPO by the City for the pay INSTALLATION REQUIRE in Exhibit 1. A ,,n p e 'cations ACKNOW DGMEN VRW I' p any promotio Projdbt. M 1 ' section shall s 6.4 COMPLIAN " ,�ITH LAWS /S ordinances, rule=s: regulatio ARTICLE 4 COOPERATION A CITY'S ARTICLE 3 TERM ARTICLE 5 PAYMENT Is not specifically g the propriety reducing fu ARTICLE 7 INDEMNIFICATION 2 e- Forty -Fa instal ation of the Pr ousand and No/100 Dollars oject has been ea - Wed and the tth the design specifications for said zed by this Agreement, Payment of a claim. The VRWJPO reserves the ments. ded under the terms of this Agreement may only be used are funds pr nd labor costs rectly related to the installation of the Project. ct shall s installed in accordance with the design specifications ions require prior approval from VRWJPO staff, propriately acknowledge the funding assistance provided by the reports, publications, notices, and presentations relating to the ion or termination of this Agreement. DARDS. The City shall abide by all federal, state, or local laws, statutes, n constructing the Project. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the VRWJPO and the City. This section shall survive the expiration or termination of this Agreement. 8.1 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: Joseph A. Harris or successor, Chat Vermillion River Watershed Joint 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891 -70, Any alterations, varia have been reduced to w of the VRWJPO and the Ci TO THE CITY: In addition, notification to the VRWJPO regarding termination this Agreement by the other party shall be provided to the Office of the Dakota Cou i ttorney, Civil Di:. 1560 Highway 55, Hastings, Minnesota 55033. 8.2 LIAISONS. To assist the parties in the day -to provide ongoing consultation, a liaison shall be City shall keep each other con . -lly informed, • execution of this Agreemen .�sing persons a VRWJ ARTICLE 8 AUTHORIZED REPRESENTATIVES AND LIAISONS Holly Dahl or succe City of Lakeville 20195 Holyoke Lakeville, MW- Telephone: (952 Travis Thiel Telephone: (9 g, of an the design Telepho+" = ` 952) 985 -4520 ARTICLE 9 ODIFICATIONS or waivers of the provisions of this Agreement shall only be valid when they the parties respective Boards, and signed by the Authorized Representatives ARTICLE 10 TERMINATION '91 - 7546 r rganization of this A• ="-ment and to ensure compliance and JPO and the City, The VRWJPO and the ge in the designated liaison. At the time of d liaisons: 10.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice or 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 VRWJPO in the event of a default by the City. 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. 3 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 source, 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 section. The VRWJPO is not obligated to pay for any services that are provided after written notice of termination for Zack of funding. The VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. This Agreement shall be governed by and construed in accordance with the subst of Minnesota, without giving effect to the principles of conflict of laws. All proce venued in the County of Dakota, State of Minnesota. This section shall survi Agreement. APPROVED AS TO FORM: Assistant Dakota County Attorney Date VRW Res. No. 10- K -10 -344 ARTICLE 11 MINNESOTA LAW TO GOVERN ARTICLE 12 MERGER This Agreement is the final expression of the agreement of th9 omplete and exc terms agreed upon and shall supersede all prior negotiations, und lta ndin•_0a greements. ARTICLE 13 VERABILITY The provisions of this Agreement shall be deemed se any part of t unenforceable, such rendering shall not affect the valid' elan• .i . ability of th part or parts that are void, invalid or otherwise unenforce.. •le s.� i,r so tiai with respect to either party. IN WITNESS WHEREOF, the p.' s here`x e executed to° s Agreement on the date(s) indicated below. 4 CITY OF LAKEVILLE e i And procedural laws of the State s related to this Agreement shall be 'ration or termination of this statement of the ement is rendered void, invalid, or emainder of this Agreement unless the mpair the value of the entire Agreement By By Holly Dahl, Mayor Date of Signature: By City Clerk Date of Signature: VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION Joseph A. Harris, Chair Date of Signature: DATE: August 31, 2010 DESIGN BY: IMM DRAWN BY: RPM DESIGN #: kIng082610 et• i] kt 0 0 0," TORO, Count on It, lila '44,74.L$742t= King Park Lakeville, MN SCALE, L.O. 2010 Vermillion River Watershed Cost - Share Request September 1, 2010 Project Title: Water Conservation Project at King Park Applicant: Mac Cafferty, City of Lakeville Project Location: Lakeville, MN Project Description: King Park is located southeast of Dodd Blvd. across from the City of Lakeville Police Station and Lifetime Fitness (see attached map). As part of the 1994 Park Bond referendum, funding was allocated for the purchase and development of King Park. King Park is a youth athletic complex situated on 50 acres in which 45 are currently classified as active acres. Construction of King Park initially entailed 8 baseball fields, a parking lot, portable restrooms, and trail system. Construction began in 1996 and was completed in 1997. Fencing of all 8 fields has been completed and a permanent concession, park shelter and public restroom building was added to King Park in 2007. The primary user of King Park is the youth Lakeville Baseball Association. It is estimated that King Park serves tens of thousands of patrons annually for baseball activities. The property is located in the Middle Creek sub - watershed that flows to the Vermillion River. Currently, there is no permanent irrigation system for the fields. A portable irrigation system connected to the City's water supply is used when needed to currently water the fields. With the assistance of the Vermillion River Watershed Joint Powers Organization, the City of Lakeville would like to install a pond irrigation system that would utilize the existing 0.35 acre stormwater treatment pond to irrigate Fields 7 and 8. The pond drainage area consists of 5 acres of pavement from Dodd Blvd. and current gravel parking lot for King Park. Overall Site Goals: • Provide a local demonstration site to showcase water conservation through the use of stormwater pond irrigation. • Use existing stormwater pond onsite to irrigate Fields 7 and 8. • Reduce dependency on City water supply for the irrigation of the athletic fields at King Park. • Improve water quality, reduce stormwater pollutants and reduce runoff to Middle Creek (Tributary to Vermillion River). Description Cost Materials Controllers $ 4,410.11 Sprinkler heads $ 6,801.20 Pipe $ 2,800.84 Valves /Boxes $ 1,027.33 Wire $ 622.04 Fittings & Misc. $ 2,276.14 Pumping station & Accessories $ 7,795.53 Sub -total $25,733.17 10% discount - (2,573.32) MN sales tax $ 1,592.24 SUB -TOTAL $24,752.10 Labor Installation $18,000.00 Electrical $13,500.00 SUB -TOTAL $31,500.00 GRAND TOTAL $56,252.10 Description Cost Field restoration (seed/sod) $2,500 Labor and Equipment $3,000 Fence removal and reinstall $500 Design (30 hours) $900 Construction Administration (32 hours) $960 Upkeep and Maintenance of System Unknown TOTAL $7,860 Description Cost Materials -$ 5,783.47 Labor -$ 5,000.00 Sub -total -$ 10,783.47 TOTAL #7 ONLY $ 45,468.63 Cost Estimate /Timeline: The irrigation system was designed to provide irrigation for two fields. The system will be designed to be compatible with the City's current irrigation control system utilized at other athletic facilities in the City. The cost estimate includes the material and installation of the irrigation system on Fields 7 and 8. Also included is an alternate deduct for Field 8. After contractor quotes are received and reviewed, it will determined by the City of Lakeville and the VRJPO staff if the installation should move forward on one or two fields. If the irrigation system is installed on only one field, the system will be designed so that it possible to expand it to the other field in the future. Cost Estimate for Fields #7 & 8 Deduct (Field #7 only) In -Kind Services Requested Amount: The City of Lakeville is requesting the Vermillion River Watershed to partner with the City to install a stormwater pond irrigation system at King Park. The project will serve as a local water conservation demonstration site. The project will not only reduce the demand on the City's water supply but it will also result in improved water quality, reduced stormwater pollutants and reduced runoff to Middle Creek (Tributary to Vermillion River). The total estimated cost of the project to install the irrigation system in both Fields 7 and 8 is $64,112.10. The City's contribution will consist of in -kind services for design assistance, construction administration, assistance with restoration, and upkeep and maintenance of the system. The City is requesting a cost share from the VRWJPO for the remaining cost of the project which is $56,252.10. hrna NY's 't11 11A 1f l d `UI1 11:41 w10+ ; tovivaa VUIVA IAB NYIS3a T0z irt Same :3Lya 1.. LI, A if 11 g !Ili k I kr * } 1 4 11 i t �.Ea:.Ivi 1 I ,I i