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HomeMy WebLinkAbout6.f. Source Water Protection Grant AgreementAGENDA ITEM: Source Water Protection Grant Agreement AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, PE, Director of Works /City Engineer :1 V AGENDA NO. U ATTACHMENTS: Grant Agreement; WSB Memorandum APPROVED BY: D RECOMMENDED ACTION: Motion to approve the Source Water Protection Grant Agreement and authorize the necessary signatures. ROSEMOUNT City Council Meeting: March 15, 2011 BACKGROUND CITY COUNCIL EXECUTIVE SUMMARY Attached for City Council consideration is a grant agreement with the Minnesota Department of Health to accept $10,000 from the MDH. This matching grant was applied for in 2010 to secure funding to complete work associated with the city's Wellhead Protection Plan along with Minnesota Department of Natural Resources groundwater monitoring requirements. The scope of the work proposed to be completed is outlined in the attached memorandum from WSB Associates, Inc. and was reviewed by the Utility Commission at its March 7, 2011 regular meeting. The local match in the amount of $11,000 will be funded from the City's Water Utility Fund. SUMMARY The Utility Commission recommends City Council approval of the attached agreement with the Minnesota Department of Health. G: \ENGPROJ\ENG 0093 Wellhead Protection Plan\20110315 CC Source Water Protection Giant Agreenent.doc Grant Agreement Number B 53069 Between the Minnesota Department of Health and City of Rosemount Minnesota Department of Health Grant Agreement THIS GRANT AGREEMENT, and amendments and supplements thereto, is between the State of Minnesota, acting through its Commissioner of Minnesota Department of Health (hereinafter "STATE and City of Rosemount, an independent organization, not an employee of the State of Minnesota, address 2875 145 Street W, Rosemount, MN 55068 -4941 (hereinafter "GRANTEE witnesseth that: WHEREAS, the STATE, pursuant to Minnesota Statute §114D.50 Clean Water Fund is empowered to assist public water suppliers to implement their source water protection plans. WHEREAS, the commissioner of health is authorized to enter into contractual agreements with any public or private entity for the provision of statutorily prescribed public health services by the department. (Minn. Stat 144.0742) WHEREAS, GRANTEE represents that it is duly qualified and willing to perform the services set forth herein. NOW, THEREFORE, it is agreed: I. GRANTEE'S DUTIES: A. GRANTEE, who is not a state employee, shall complete the following work: Construct a groundwater observation network Perform all the work items listed in Grant Application which is incorporated by reference B. On or before the end date of this Agreement, the GRANTEE shall provide the STATE with one electronic copy of all final products produced under this AGREEMENT, including reports, publications, software and videos. Any GRANTEE activity that involves data collection must be submitted to MDH upon completion of the project and in the format agreed by the STATE. C. The GRANTEE shall submit a Final Report upon submittal of the Final Invoice. The Final Report shall be due no later than the expiration day of the AGREEMENT. The Final Report shall describe activities undertaken and accomplishments of each task, and any problems encountered in the performance of the work under this AGREEMENT, including the costs associated with completion of the tasks. D. In the event the GRANTEE is unable to begin grant activities or to satisfactorily perform the duties specified in this grant agreement, the GRANTEE shall remit to the STATE within five days of demand the amount paid under this section minus any actual expenses incurred and otherwise authorized which are documented by adequate invoices acceptable to the STATE. E. GRANTEE certifies that the following matching requirements for the AGREEMENT shall be met by the GRANTEE: $11,000 (eleven thousand dollars) and no less than an equal cost share (of eligible funds in cash) for each work item shall be provided. In -kind contributions are not accepted II. CONSIDERATION AND TERMS OF PAYMENT A. Consideration for all services performed by GRANTEE pursuant to this grant agreement shall be paid by the STATE as follows: HE- 01550 -14 (01/10) Page 1 Consulting engineer for design, inspection and observation $1,000 $2,000 Construct new observation well $4,750 $4,750 Groundwater monitoring hardware and software $3,000 $3,000 Electrical work related to groundwater monitoring $1,000 $1,000 Convert test well to observation well $250 $250 Total $10,000 $11,000 TOTAL COST OF THE PROJECT $21,000 Grant Agreement Number B 53069 Between the Minnesota Department of Health and City of Rosemount 1. Compensation: The GRANTEE will be paid according to the following breakdown of costs: Activit Grant Amount Cost Share 2. The total obligation of the STATE for all compensation and reimbursement to GRANTEE under this AGREEMENT shall not exceed $10,000 (ten thousand dollars). 3. Grantee will submit an invoice for the total cost of the project 4. By submitting an invoice for the total cost of the project GRANTEE certifies that the cost share requirement of $11,000 (eleven thousand dollars) has been met. 5. If the total cost of the project ends up being less than $21,000 (twenty one thousand dollars) the GRANTEE agrees to contribute a minimum cost share of 52.38 of the total cost of the project. B. Terms of Payment 1. The STATE shall promptly pay the GRANTEE, after the GRANTEE presents an itemized invoice for the work actually performed, the State's Authorized Representative accepts the invoiced work and the STATE is satisfied that the work has been completed according to the terms of this AGREEMENT. The STATE can withhold payment for work that is unsatisfactory or illegal. 2. Invoices must be submitted using the form attached as Exhibit A, which is attached and incorporated into this agreement and submitted to: Attn: Cristina Covalschi Source Water Protection Minnesota Department of Health PO Box 64975 St. Paul, MN 55164 -0975 3. If the Final Report is not received by the STATE before the end date of this AGREEMENT, the GRANTEE may forfeit the Final Payment. 4. If necessitated by the nature of the project, a grantee is allowed to reallocate up to 10% of the amount originally awarded for a given expense category to another approved category without obtaining permission from the MDH. Should the grantee find it necessary to re- budget the grant beyond the 10% reallocation allowance, a written or e-mail request must be submitted to the MDH for approval. C. CONDITIONS OF PAYMENT All services provided by GRANTEE pursuant to this grant agreement shall be performed to the satisfaction of the STATE, as determined at the sole discretion of its Authorized Representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. The GRANTEE shall not receive payment for work found by the STATE to be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. HE- 01550 -14 (01 /10) Page 2 Grant Agreement Number B 53069 Between the Minnesota Department of Health and City of Rosemount III. TERMS OF AGREEMENT This grant agreement shall be effective on March 1, 2011, or upon the date that the final required signature is obtained by the STATE, pursuant to Minnesota Statute §16C.05, Subdivision 2, whichever occurs later, and shall remain in effect until June 30, 2012, or until all obligations set forth in this grant agreement have been satisfactorily fulfilled, whichever occurs first. GRANTEE understands that NO work should begin under this grant agreement until ALL required signatures have been obtained, and GRANTEE is notified to begin work by the STATE'S Authorized Representative. If the GRANTEE does not commence the Project within six months of the Execution Date of this Agreement, the STATE reserves the right to cancel this agreement and reallocate the funds. IV. CANCELLATION A. If the GRANTEE fails to comply with the provisions of this grant agreement, the STATE may terminate this grant agreement without prejudice to the right of the STATE to recover any money previously paid. The termination shall be effective five business days after the STATE mails, by certified mail, return receipt requested, written notice of termination to the GRANTEE at its last known address. B. The STATE or GRANTEE may cancel this grant agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. VI. STATE'S AND GRANTEE'S AUTHORIZED REPRESENTATIVE The STATE'S Authorized Representative for the purposes of administration of this grant agreement is Randy Ellingboe, Manager, Section of Drinking Water Protection, or his successor. Such representative shall have final authority for acceptance of GRANTEE'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause II, paragraph B. The GRANTEE'S Authorized Representative for purposes of administration of this grant agreement is Andy Brotzler, Director of Public Works. The GRANTEE'S Authorized Representative shall have full authority to represent GRANTEE in its fulfillment of the terms, conditions and requirements of this grant agreement. VII. ASSIGNMENT GRANTEE shall neither assign nor transfer any rights or obligations under this grant agreement without the prior written consent of the STATE. VIII. AMENDMENTS Any amendments to this grant agreement shall be in writing, and will not be effective until it has been fully executed by the same parties who executed the original grant agreement, or their successors in office. IX. LIABILITY GRANTEE shall indemnify, save, and hold the STATE, its representatives and employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this grant agreement by GRANTEE or GRANTEE'S agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this grant agreement. Nothing herein shall be construed as a waiver by GRANTEE of any of the immunities or limitations of liability to which GRANTEE may be entitled to pursuant to Minnesota Statute Chapter 466 or pursuant to any other statute or law. X. STATE AUDITS The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this grant agreement shall be made available and subject to examination by the HE- 01550 -14 (01/10) Page 3 Grant Agreement Number 13 53069 Between the Minnesoia Department of Health and City of Rosemount STATE, including the contracting Agency /Division, Legislative Auditor, and State Auditor for a minimum period of six (6) years from the end of this grant term. XL DATA PRACTICES ACT The GRANTEE and the STATE shall comply with the Minnesota Data Practices Act and other applicable laws as it applies to all data provided by the STATE in accordance with this grant agreement and as it applies to all data created, gathered, generated or acquired in accordance with this grant agreement. XII. OWNERSHIP OF EQUIPMENT The STATE shall have the right to require transfer of all equipment purchased with grant funds (including title) to the STATE or to an eligible non -STATE party named by the STATE. This right will normally be exercised by the STATE only if the project or program for which the equipment was acquired is transferred from one grantee to another XIII. OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS A. The STATE shall own all rights, title and interest in all of the materials conceived or created by the GRANTEE, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form "MATERIALS The GRANTEE hereby assigns to the STATE all rights, title and interest to the MATERIALS. GRANTEE shall, upon request of the STATE, execute all papers and perform all other acts necessary to assist the STATE to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this grant agreement by the GRANTEE, its employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form, shall be remitted to the STATE by the GRANTEE. Its employees and any sub grantees shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the GRANTEE'S obligations under this grant agreement without the prior written consent of the STATE'S Authorized Representative. B. GRANTEE represents and warrants that MATERIALS produced or used under this grant agreement do not and will not infringe upon any intellectual property rights of another including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. GRANTEE shall indemnify and defend the STATE, at GRANTEE'S expense, from any action or claim brought against the STATE to the extent that it is based on a claim that all or parts of the MATERIALS infringe upon the intellectual property rights of another. GRANTEE shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises or in GRANTEE'S or the STATE'S opinion is likely to arise, GRANTEE shall at the STATE'S discretion either procure for the STATE the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive of other remedies provided by law. XIV. PUBLICITY Any publicity given to the program, publications, or services provided resulting from this grant agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the GRANTEE or its employees individually or jointly with others, or any subgrantees shall identify the STATE as the sponsoring agency and shall HE- 01550 -14 (01 /10) Page 4 Grant Agreement Number B 53069 Between the Minnesota Department of Health and City of Rosemount not be released without prior written approval by the STATE'S Authorized Representative, unless such release is a specific part of an approved work plan included in this grant agreement. XV. ENDORSEMENT The Grantee must not claim that the STATE endorses its products or services. XVI. WORKERS' COMPENSATION The GRANTEE certifies that it is in compliance with Minnesota Statute §176.181, Subdivision 2, pertaining to workers' compensation insurance coverage. The GRANTEE'S employees and agents will not be considered STATE employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the STATE'S obligation or responsibility. XVII. JURISDICTION AND VENUE This grant agreement, and amendments and supplements thereto, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant agreement, or breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. IN WITNESS WHEREOF, the parties have caused this grant agreement to be duly executed intending to be bound thereby. APPROVED: I. GRANTEE 2. STATE AGENCY The Grantee certifies that the appropriate persons(s) have executed the Grant Agreement approval and certification that STATEfunds have been grant agreement on behalf of the Grantee as required by applicable encumbered as required by Minn. Stat. §fl6A.15 and I6C.05. articles, bylaws, resolutions, or ordinances. By: By: Title: Title: Date: Date: By: Title: Date: Distribution: Agency Original (fully executed) Grant Agreement Grantee State Authorized Representative (with delegated authority) HE- 01550 -14 (01/10) Page 5 A WSB i Infrastructure Engineering Construction 701 Xenia Avenue South Planning a Associates. Inc. 9 g 9 Suite 300 Minneapolis, MN 55416 Tel: 763 541 -4800 Fax: 763 541 -1700 Memorandum To: Andy Brotzler, PE, City Engineer City of Rosemount From: BJ Bonin, PG, Engineering Geologist Nancy Zeigler, PE, Senior Project Manager WSB Associates, Inc. Date: February 28, 2011 Re: Minnesota Department of Health Competitive Grant City of Rosemount, MN DNR Permit Amendment In 2009 the City of Rosemount made a request to the Department of Natural Resources (DNR) to amend their Water Appropriation Permit #1976 -6069 to include Well No. 15 and increase the appropriated amount to 1.183 billion gallons per year. This was approved with conditions in late December 2009. The conditions were explained in a January 6, 2010, memorandum and summarized as follows: Convert the test well near Well 14 into an observation well. Construction of one new observation well near Well 7, 8, or 9. Rosemount would acquire one existing observation well, and upgrade it at City's expense. Acquisition of groundwater monitoring equipment. Establishing the groundwater monitoring system can be done incrementally but must be completed before the city's next request for an amendment to their water appropriation permit. Since January 2010 the DNR requirements have been further defined. We recently discussed the DNR conditions with Jay Frischman, the coordinator of the DNR's groundwater monitoring program that is responsible for implementing the Permit conditions. The DNR has funds to replace their observation well network in Rosemount and Empire Township. The existing observation wells are generally less than ideal for monitoring, due to their condition, use, or location. This includes the one that they were going to hand over to Rosemount as part of the Appropriations Permit Amendment approval. The DNR will let Rosemount substitute an irrigation well at the Umore park, assuming this option is best for the park, as an observation well in lieu of the old DNR well. Plans to do this should be submitted to Jay Frischman in writing, along with the expected construction date. The DNR would not pay for the well, although the City funds that would be spent on taking an old well over may be applied to building a new well at the park, with the same monitoring conditions applied. M: \N'oterWaue.nlrNottrmnlnANater Appropriation Permit AmeruMvnAMEMO. hra:kr-0:2N11- CrmrpGruntd.e Activity Grant Amount City Cost Share Work Performed By Groundwater monitoring hardware and software $3,000 $3,000 Data Logger Supplier Convert test well at Well 14 to piezometer $250 $250 Well Driller Electrical work related to groundwater monitoring $1,000 $1,000 Electrical contractor Consulting engineer for design, inspection, and observation $1,000 $2,000 WSB Construct new observation well $4,750 $4,750 Well Driller TOTAL $10,000 $11,000 Andy Brotzler February 28, 2011 Page 2 The DNR is also willing to postpone the construction of a new observation well in the Well 7 9 vicinity. Rosemount needs to submit a written notice to the DNR that they intend to construct this well in 2 -3 years. The DNR realizes that these wells must fit into a City's budget, so delays like this are acceptable. The biggest advantage to doing this is that the DNR has funds allocated in the 2012- 14 range to replace the aforementioned observation wells and would be willing to construct the observation well for Rosemount at that time, if the City has public land available for the DNR with space available for the well. The City would still be responsible for operating the observation well MDH Grant Since 2009 when the DNR conditionally approved the permit amendment, mining operations have been proposed within the City's Drinking Water Supply Management Area (DWSMA) that could impact groundwater flow to the City's wells. The exact impact mining would have on Rosemount's water supply, if any, is unclear since very little is known about how or even if shallow groundwater and the Jordan aquifer interact in Rosemount. The MDH offered support to Rosemount's grant application due to the risks that mining and industry pose on the sustainability and quality of Rosemount's water supply. In November of 2010, MDH made available up to $10,000 in matching grant funds for projects related to water supply safety and sustainability. Rosemount applied for these funds, supported by MDH personnel, and was awarded funds for the following tasks: TABLE 1 City of Rosemount MDH Competitive Grant Breakdown M:\1Vwrer4'mvnutrNPuutnounAMurer Apprapr6rriun Penni, etwend nr.,MILM0. bra krti22r111-CnryCrent.dur Andy Brotzler February 28, 2011 Page 3 The grant money and Rosemount's matching funds will purchase 2 to 3 sets of groundwater monitoring hardware and software, conversion of the test well near Well 14 into a piezometer well (a classification of well that is exclusively for monitoring water level that carries no annual maintenance fee) in the Jordan aquifer, and the design and construction of one new observation well. The observation well is to be located near Well 14 and constructed in the sand and gravel just above the bedrock. The grant includes matching funds to construct an observation well near Well 14 in the sand and gravel deposits just above the first bedrock. Changes in water level will be monitored and compared to changes in the test well to determine if the Jordan Aquifer is confined in Rosemount. The data collected through constructing this well and monitoring water levels in it will provide insight to the hydraulics of the Jordan aquifer, and whether or not mining will have an impact on Rosemount's water supply. If the water level in the sand and gravel deposits changes when Wells 14 and/or 15 are pumping, then groundwater does leak into the Jordan aquifer and mining will likely affect the water supply. Data collected from this new well may be used to predict the magnitude of the problem and determine mitigation measures. If the water level in the sand and gravel deposits does not change when Wells 14 and/or 15 are pumping, then the "High" aquifer vulnerability designation in Rosemount may be amended to a lesser rating which would reduce the cost of amending and implementing Rosemount's Wellhead Protection Plan. The work associated with this grant will fulfill the requirement for an observation well near Well 14 and acquire the hardware and software required for the additional wells required by the DNR. MAI linerWastr »useNtosemamAWoterAppmPria Prmnr.AmrndmrnM/EA/Us br r -022M IrnaapGwuAar