HomeMy WebLinkAbout4.j. Dakota County Soil and Water Conservation District Agreement � ` t CITY OF ROSEMOUNT
'EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: f3ctober 4, 1994
AGENDA ITEM: Dakota County Soil & Water Conservation AGENDA SECTION:
District (SWCD) Agreement Consent
RREPARED BY: Bud Osmundson �� AGEND��1,.n # � ."1 �
City Engineer/Public Works Director � C�v�
ATTACHMENTS: Agreement APPROVED BY:
Attached for Council consideration is an Agreement between the Dakota Cou Soil &
Water Conservation District (SWCD> and the City of Rosemount for services relating to
urban plat review and site grading inspection. The SWCD reviews grading and erosion
control plans when submitted for plat review. In addition, they also provide site
inspection on the grading of developing areas to assure compliance with the grading and
erosion control plan and the new EPA Erosion and Sediment Control Law. The SWCD has
extensive experience in this area and has the expertise and technical background to
insure compliance on erosion and sediment control plans within the City ofi Rosemount.
The detriments of poor grading, erosion and sediment control are that ponds and pipes fill
with dirt, streets are covered with dirt, new sod on a finished house and lot is covered by
silt from a neighboring unfinished lot and the City is left with the responsibility to clean
these facilities which is usually sometime after the developer has fulfilled his
responsibilities under the development contract. With the SWCD's assistance we can
improve enforcement of the rules and laws and save the City money in the long run.
The neighboring communities of Lakeville, Eagan and Apple Valtey all use the SWCD with
great success. The Agreement term is to begin immediately and end on December 31,
1995. The SWCD would only work on projects assigned by the Public Works Director.
Staff recommends approval of the Agreement.
RECOMMENDED ACTION: MOTION TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH THE DAKOTA COUNTY SOIL & WATER CONSERVATION DISTRICT AND
TO AUTHORIZE THE NECESSARY SIGNATURES ON THE AGREEMENT.
COUNCIL ACTION:
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. AGREEMENT
Between the
DAKOTA COUN?'YSOIL & WATER CONSERYATIONDISTRIC?'(SWCD)
And
TSE CITY OF ROSEMOUNT
RELATING TO
URBAN PLAT REVIEW AND SITE INSPECTION SERVICES
TffiS AGREEMENT is made by and between the Dakota County Soil and Water Conservation
District ("SWCD"), hereinafter referred to as the "District", and the City of Rosemount,
hereinafter refened to as the "City". This agreement is entered into between the District and the
City for the administration of the urban erosion control services.
WHEREAS,the SWCD has the capabilities to provide the needed assistance;
WHEREAS,ttus technical assistance may enable the cityto make informed decisions and control
erosion occurring in new development areas;
1�.EREFORE,both parties agree to the following:
L TERM OF AGREEMENT
The term of this agreement shall be from October l, 1994 to and including December 31, 1995.
IL TERM(S1 OPTION
A. This agreement is automatically renewed on an annual basis unless terminated by either
P�Y•
B. Written notice of Intent Not to Renew shall be given by the District or City at least 90 days
before the expiration of the Agre�ment term.
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Erosion Control Contract PaSe 2
IIL SERVICES TO BE PROVIDED-SWCD
The District shall perform the following work, as per the conditions of ttus agreement:
A. Review of Preliminarv Plat
1. Using the 14 General Criteria identified in F.xhibit B, review the plan for adequacy of the
preliminary erosion and sediment comrol plan. If the erosion acid sediment plan does not meet
the General Criteria as set forth in F.achibit B, written documentation of wluch Ceneral Criteria
is not met shall be preserned to the desi�nated representative of the City. This shall be
completed within two weeks (10 working days) of District receipt of the-Preliminary Plat. It
is further understood that the District will complete their review of the plans in the order of
priority as determined by the City, and within the shortest time frame possible.
2. Describe the general soils and identify any potential soil and mana.gement problems
associated with the project or site location.
3. Identify lakes and wetlands on or adjacent to the site. Discuss the poternial soil and water
impacts on these water bodies, or any impacts that may be regulated under the Minnesota
Wetland Conservation Act.
B. Review of Final Erosion and Sediment Control Pian
Following the General Criteria identified in Exhibit B and recommendations made by the
District under section III.A., review the adequacy of the final erosion and sediment control
� plan. If the erosion and sediment control plan does meet the General Criteria, written
documentation of which elements are not adequate shall be completed within two weeks(10
working days) of District receipt of the final erosion and sediment control plan. It is further
understood that the District will complete their review of the final plans in the order of priority �
as determined by the City, and within the shortest time frame possible.
C. Meeting Attendance
Upon request by the City, and availability of District sta� the District shall have a
representative present at gre-construction and staff meetings to review and discuss any:
erosion and sediment control practices contained or recommended in the erosion and sediment
control plan.
D. Site Insnections & Enforcement
Site inspections will be perfonned by the District at the time periods as listed below. An
inspection report, Exhibit C, will be completed for each site visited and retained by the
District for future reference.
►L Prior to the start of any grading, excavation, or filling.
►2. During each "phase" of construction.
►3. Upon request by the City.
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Erosion Cornrol Contract PaSe 3
If the site does not comply with the District's recommendations,the District shall draft a letter
to the developer or designee, indicating ttie areas of non-compliance, those erosion and
sediment control practices that need to be installed, and an implementation(time)schedule. A
copy of ttris letter shall be seat to ttie City. A follow up phone call andlor site visit with the
developer or designee will be made or scheduled by the City within 5 days from the issuance
of the noncompliance letter. Upon request by the City, the District will be present at azry
follow up mee�ting to discuss recommendations for erosion controL
IV. PROJECTS TO WHICH SERVICES APPLY
Services shall be provided for construction or development projects that meet any one of the
following criteria.
►1. exceeds 5 acres in size :
►2. are adjacent to wetlands, streams, or lakes
►3. other projects mutually agreed to by the City and District.
V. EROSION AND SEl?IMENT CONTROL PLAN INFORMATION
The City agrees to provide to the District with a copy of the preliminary andlor final grading and
erosion and sediment control plans. Items required on the plan include:
►1. Name, Address,Phone Number and Fax Number of Developer
►2. Signature and company responsible for erosion and sediment cornrol plan, if different
than above
►3. North Arrow
►4. Scale
►5. Property boundary and lot lines
►6. 2'contours(dashed existing with solid proposed overlay)
►7. Extended existing contour lines a minimum of 2Q0'beyond the property line§
►8. Directional site and lot drainage arrows
►9. Percent of slope for streets and parking azeas
►10. OHW and 100 year flood elevations for ponds,wetlands and lakes
►11. Basement floor elevations
►12. Utility plans in the area of proposed development
►13. Limits of clearing and grading
►14. A site map that identifies vegetative and structural erosion and sediment coirtrot
measures to be installed
►15. A narrative that describes the project, site, and erosion and sediment controY measures.
VL PAYMENT FOR SERVICES
Payment for services not listed in the following Fee Schedules, shall be made to the District for
materials and actual hours worked at a rate of$39.00 per hour. The District shall bill the City on
a monthly basis with cost accounting information for each project being billed. The City shall
make payment witlun thirty(30) days upon receipt of the invoice.
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Erosion Control Contract P�4
VII. FEE SCSEDULE
A. Detached Sin le-Fam Subdivision
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1 - 5 $125.00 $39.00/Hr.
6 - 15 - $180.00 $39.00/Hr.
li - 15 $225.00 $39.00/Hr.
16 - 3 0 $300.00 $39.00/Hr.
31 - 50 $350.00 $39.00/Hr.
51 - 75 $400.00 $39.00/Hr.:
7 6 - 10 0 $425.00 $39.00/Hr.
10 0 - Up $475.00 $39.00/Hr.
DEFINTfIONS:
# of Lots -Total number of lots included in subdivision plat, whether or not the entire area of the
lots are to be disturbed.
. Flat Rate Fee -Minimum fee for time spent on plan review, including (a) field review, (b) offce
review, (c)travel, (d) clerical, (e) material, and(fl administration.
Inspection Fee - Fee includes time and travel spent on the inspection of individual lots and
general site development, temporary and permanent control measures, and a final report for the
total area covered by the agreement.
Additional Fees - Any EAC, sta� or special meetings, areas disturbed due to work not directly
involved in the construction of individual lots, drainage and roadways, including ball fields,
recreation area, etc.,will be charged $39.00 per hour.
� B. Multi-Famil Residential
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1 - 5 $150.00 $39.00/Hr.
6 - 15 $225.00 $39.00/Hr. .
16 - 3 0 $300.00 $39.00/Hr.
31 - 50 $350.00 $39.00/Hr.
� 51 - 100 $400.00 $39.00/�ir.
: 100 - Up $500.00 $39.00/Hr.
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Ero�on Control Contract PaBe S
DEFINITIONS=,
#of Buildings Units-Total number of individual buildings.
Flat Rate Fee-Same as single-fam�y.
Inspection Fee -Fee includes time and travel spent on the inspection of individual lots and
general site development, temporary aad pernnaneut control measures, and a Snal report for the
total area covered by the agreement.
Additional Fees- Same as single-family.
C. Commercial,Industrial,Roads,and Draina e,and Other
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1 - 5 $150.00 $39.00/Hr.
6 — l0 $225.00 $39.00IHr.
li — 25 $300.00 $39.00/Hr.
26 - 50 $350.00 $39.00/Hr.
51 — 100 $400.00 $39.00/Hr.
100 — UP $450A0 $39.00/Hr.
DEFINITIONS'
� Area - The total land surfa.ce area, in acres, involved in all construction related activities,
including but not limited to easements, ingress and egress, general site developmeut, drainage
facilities, stockpile areas, and cleared areas.
VIIL INSjTRANCE
� The Parties agree that they will at all times during the term of ttus Contract, have and keep in
force, at their own expense, insurance of the types and amounts outlined below, covering aziy
injury caused by any act or omission on the part of each party in the perfomiance of or with
relation to any of the work or service provided to be performed under the terins of this Contract,
in the following amounts:
Workers'Compensation- Statutory 1V�inimum
Such policies of insurance shall apply to the extent o� but not as a limitation upon or in
satisfaction of the indemnity provisions herein.
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Erosion Coutrol Contract page 6
VX. INDEMNIFICATION
The District shall indemnify up to the limits of its insurance or the statutory limits, wltichever is
greater, hold harmless and defend the City, its officers and employees against any and all liability,
loss, costs, damages, expenses, claims or actions which the City, its officers and employees may
hereafter sustain, incur or be required to pay, arising out of or by reason of aazry negligem or
willfiil act or omission of the District, its agents, servants or employees, in the executioq
performance, or failure to adequately perform the District's obligations pursuant to this Contract.
The City sha11 indemnify up to the limits of its insurance or the statutory limits, wluchever is
greater, hold harmless and defend the District, its officers and employees against any and all
liability, loss, costs, damages, expenses, claims, or actions which the District, its officers and
employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any
negligent or willful act or omission of the City, its agents, servazrts, or employees, in the
execution, performance, or failure to adequately perform the City's obligations pursuant to this
Contract.
X. SUBCONTRACTING AND ASSIGNMENT
Parties to this Contract shall not enter into any subcontract for the performance of the services
contemplated under this Contract nor assign any interest in the Contract without prior written
approval of all parties and subject to such conditions and provisions as are deemed necessary.
The subcontracting or assigning party shall be responsible for the performance of its
subcontractors or assignors unless otherwise agreed.
XL DELAYS
Neither party shall hold the other responsible for damages or delay in performance caused by acts
of God, strikes, lockouts, accidents, or other evems beyond the reasonable control of the other or
the other's employees and agents. �
XIL MODIFICATIONS
Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only
be valid when they have been reduced to writing, signed by authorized represematives of the
District and the City, and attached to this Contract.
1�III. NIERGER
The entire and integrated agreement of the parities is contained in this Contract wtuch shall
supersede all prior negotiations, representations or agreements whether written or oral. All items
refened to in this Contract as incorporated or attached are deemed to be part of this Contract.
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Erosion Control Contract PaBe�
XIV. WAIVER
The waiver of any of the rights andlor remedies arising under the tenns of this Contract on artry
occasion by either pazty hereto shall not constitute a waiver of any rights and/or remedies in
respect to any subsequent breach or default of the terms of this Contract. The rights and remedies
provided or referred to under the terms of the Contract are cumulative and not mutually
exclusive.
- XV. TERMINATION
The District or City ma.y terminate tlus Contract without cause and for any reason wha.tsoever-
upon giving at least ninety (90) da.ys written notice thereof to the other party as identified in
F..xhibit A. In such event, the District shall be entitled to receive compensation for the services
provided in a satisfactory manner up to and including the effective date of termination. `The
District shall provide the City with all work products upon receipt of compensation for services.
XVI. LTASON/AUTHORIZED REPRESENTATNES/NO'TIFICATION
A. Liaison
To assist the parties, ensure compliance and provide ongoing consultation, a liaison shall be
designated by the District and the City. M'itchell Johnson, Urban Conservationist, shall act on
behalf of the District, at 460-8004. Bud Osmundson, City Engineer and Public Works
Director, sha11 act on behalf of the City, at 322-2022.
B. Authorized Renresentative
►City: The Public Works Director is the City Representative who has the authority to
modify or ternunate this Contract when so authorized by the City Council.
►District• The District Administrator is the District's representative who has the authority
to modify or ternunate this Contract when so authorized by the District Board.
XVII,NOTIF'ICATION
Notification required to be provided pursuant to this Contract shall be provided to the
following named persons and addresses unless otherwise stated in this Contract, or in a
modification of this Contract.
� To the City: To the District:
Bus Osmundson Lisa R. Rohr
City Engineer/Public Works Director District Administrator
City of Rosemount Dakota County SWCD
2875 145th Street West Farmington Professional Building
PO Box 510 821 Third Street, Suite 140
Rosemount,MN 55068-0510 Farnungton, MN 55024
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Erosion Co�rol Contract PaBe 8
XVIII. MINNESOTA LAW TO APPLY
The parties agree that Minnesota is both the place of making of this Corn�act and the place of
perforniance of this Comract and shall be governed by and construed in accordance with the laws
of the state of Mumesota. All proceedings related to this Contract sha11 be reviewed in the State
of l�'innesota. :
IN WTTNESS WHEREOF,the parties hereto have caused this Contract to be duly executed.
City of Rosemourn Dakota County SWCD
By: By�
�yor Chair,Board of Supervisors
Date: Date:
Attest: Attest:
City Administrator � District Administrator
Date: Date:
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Ezhibit A
NO'TIFICATION OF INTENT NOT TO RENEW
The District/City, as evidenced by the authorized signature below, hereby notifies the City/District
of its desire to exercise its option not to renew the 1995 Contract between the parties, pursuant to
Section II of said Contract.
Terms of Conditions to be changed:
Authorized Signature Date
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Eahibit B
GENERAL CRITERIA FOR AN EROSION AND SEDIMENT CONTROL PLAN
CG-1 ►Stabilize all exposed soils and soil stockpiles.
GC-2 ►Establish of permanent vegetation.
GC-3 ►Prevent sediment damage to adjacent properties and other designated areas.
GC-4 ►Schedule erosion and sediment control practices.
GC-5 ►Use temporary sedimentation basins.
GC-6 ►Engineer the construction of steep slopes.
GC-7 ►Control the stormwater leaving a site.
GC-8 ►Stabilize all waterways and outlets.
GC-9 ►Protect storm sewer from entrance of sediment.
GC-10 ►Take precautions to conta.in sediment and stabilize the work azea when wor-king in or
crossing waterways.
GC-11 ►Restabilize underground utility construction azeas as soon as possible.
GC-12 ►Protect paved roads from sediment and mud brought on from construction access
routes.
GC-13 ►Dispose oftemporary erosion control measures.
GC-14 ►Maintain all temporary and permanent erosion and sediment control measures.
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Ezhibit C
INSPECTION LOG
Project Name: File No:
Inspection Date: Time: Inspected By:
Stage of construction or type of activity:
DAre there any dennded areas which require temporary or permanent stabilization2 (cc-i�
Problem:
Corrective Actiorr:
❑Do any seeded areas require maintenaace fertilization,seeding or mulcLing? (cc-2)
Problem:
Corrective Action:
DTs there any evidence that sedimem ia leaving the site and damaging adjacent propertyt (cc�
Problem:
Corrective Action:
❑Are perimeter sediment trapping measures in place and earthen shvctures seeded and mulched? (cc�a)
Problem:
Corrective Action:
DAre all structura!practices called for on the plan installed in the proper location&in ucordance w/minimum standarda?
(�-�
Problem:
Corrective Action:
�Are all cut and fill slopes adeqnately stabilized? �cc-�
Problem:
Corrective Action:
DIs there any evidence of increased off-site erosion since the project began? (ca�
Problem:
Corrective Action:
DAre all on-site drainage channels and outlets adeqnately stabilized? (cc-s�
Problem: ,
Corrective Action:
OAre all operational storm sewer inlets protected so that sediment will not enter the system? (cc-�
Problem:
Corrective Actiorr:
DTs there any work going on in live streams that may require stabilization or temporary stream crossing? fc-io�
Problem:
Corrective Action:
�Are utility trenches being backfilled,seeded and dewatered properly? (caii�
Problem:
Corrective Action: �
�Ts there any evidence of mud on public roads at intcrsections with access roads' t�-12)
Problem:
Corrective Action:
DAre there any structural practices that should be removed because they are no tonger neededY (cc-�
Problem:
Corrective Action:
ODo any structural practices require repair or clean-out to maintain adequate function2 (cc-i�
Problem:
Corrective Action:
Other observations or decisions made:
VerbaUwritten notification given to:
Completion date: