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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: 5 �� { . 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. 1. � _ , . 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. � . t 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. �t. , Erosion Control Contract P�4 VII. FEE SCSEDULE A. Detached Sin le-Fam Subdivision ' :. '.. � , .: . ....,���`:'� :- f� :.4.�y�ri'•,�hn4:{:.;•.::ti.:{n:•'.. .::.i. :.. +}v:!'ti.i . . . 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 , . '.,;;..�ti;i;,,:::#:::�••:::'„SSwSc`.in'':;t;ci��;�7y��'uY:x•�;5:g:;�'�,`w;�}:`�''':'�.�,.�'~'�`�'���;�':';'+L�.*�'�'"•':YC,�;:§p%,acF.o'a*�,.v{t•.•ti•y{'.�;�y.,.ov.,..l�, . � . . ' •:���3l����'�:�:.� � �'�' �::;`�. �.•• `�#1�: ' ��i' .�. � ��.i.�?:,'C,..:.:fi;t>'io�:�:J: ,.: ��`�.'^.•�£�:�?'�,5�'�, �. ;, .'�:�.;�'.w,. . . . . \`+Cli:i:�..A�; '[ Y:�::;:U6\h\,-;"��"v,.�. '��.nj+`y�,y �} �: s, +.` ..;�� ���.5•. •.p'���"4E:t���•'<�.�L'.'`�..±T.a;et�:u#.�f.�Y;>�; '..,,� ` .'�\•, �.'�'..��.�'x,�.,...,�..'`t'� .. � . .... 4�..,\.:::::{'�'v:i::::n..:n;.;p+:•i?:�:ii::-,v,::'�..+:i::v{•:........ iv\; •i � . :•:.. �.:.� �.��'::.� .�, .. �. '- .......•:. ......... ^'. •.�:.-:... .. .'�. .. .... . :.. v%•hv.' .r':.•....v.�.C•'..?:.� 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 $39.00/Hr. 4 . . 7 Ero�on Control Contract PaBe S DEFINITIONS=, #of Buildings Units-Total number of individual buildings. Flat Rate Fee-Same as single-fam�y. Inspection Fee -Fee includes time and travel spent on the inspection of individual lots and general site development, temporary aad pernnaneut control measures, and a Snal report for the total area covered by the agreement. Additional Fees- Same as single-family. C. Commercial,Industrial,Roads,and Draina e,and Other � .. �. �:+,�1^'y't���rr+,? '.• S`'��;:.. . 'Y "•f���Y.':4. .. ���� . f•:�• ,��,�, ��,,#�r . . . � � . Yti+ ,.ii` . .••$y . , �.s:...ax �;c:�sr'4 : � � . � �� f . �'�' ,i`.�'..:x, .!•� / v������',". ...�.'�.,. ...• •' .� y�. . . . :/'� . ]�� ,�{ � }y,v}t.���4��..,���?$ ~ vr �iY47v., .i{x:::4:�r ••f�'�'.• . . �}. . ,�. � : � .:::�i4:.•:.i.•:•:r+:::'• . :.:r ••v...:•::. .x. �..ri•:ti•:.�•.i•.ti .':.n .�.4:. �, .��:. . . . 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. � , 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. b ' 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 _ u � 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: ! • . i 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 b � . _ , , , 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. ti t- M 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: