HomeMy WebLinkAbout6.g. Authorize Stormwater Facilities Maintenance Agreement with DonFraco, LLC (Frana Wall Plant)
EXECUTIVE SUMMARY
City Council Meeting: August 20, 2019
AGENDA ITEM: Authorize Stormwater Facilities
Maintenance Agreement with DonFraco,
LLC (Frana Wall Plant)
AGENDA SECTION:
Consent
PREPARED BY: Stephanie Smith, PE, Assistant City
Engineer AGENDA NO. 6.g.
ATTACHMENTS: Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Approve an Agreement with DonFraco, LLC for
stormwater maintenance of the facilities at the Frana Wall Plant.
BACKGROUND
Please find attached for Council consideration of an agreement with DonFraco, LLC for maintenance of
the stormwater facilities at the Frana Wall Plant located at 2785 160th Street.
This summer, Frana Wall Plant received administrative approval for an expansion of their facilities. To
comply with Rosemount’s Engineering Guidelines, they proposed constructing a private infiltration basin
on their site. To comply with requirements of the City’s MS4 permit, the property owner was required to
enter into an agreement for maintenance of their stormwater facilities, so they will continue to function as
designed.
This is a standard agreement used by the City when a private property constructs private stormwater
facilities on their site rather than using a regional, public system. The agreement stipulates that the
property owner, DonFraco, LLC shall provide utility as-builts, submit inspection reports, and perform
maintenance on their private stormwater system. If the property owner lapses in their duties under this
agreement, it authorizes the City to perform the work needed and assess the cost of such work against the
property.
RECOMMENDATION
Staff recommends Council approval of the attached agreement with DonFraco, LLC for stormwater
maintenance of the facilities at the Frana Wall Plant.
I:\City Clerk\Agenda Items\Approved Items\6.g. Authorize Stormwater Facilities Maintenance Agreement with DonFraco, LLC (Frana Wall Plant).docx
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
STORMWATER FACILITIES AGREEMENT
Project Reference Number PC # 19-11-SP
This AGREEMENT, made and entered into this day of , 20 19 , for the
maintenance and repair of certain Stormwater Management Facilities is entered into between
Donfraco LLC (hereinafter referred to as “OWNER”) and the City of Rosemount (hereinafter
referred to as (“CITY”) for the benefit of the CITY, the OWNER, the successors in interest to the
CITY or the OWNER, and the public generally.
WITNESSETH
WHEREAS, the undersigned is the OWNER of that certain real property lying and being in the
County of Dakota, legally described as follows:
The East 329.00 feet of the West 1316.03 feet of the South Half of the
Southeast Quarter of Section 32, Township 115, Range 19.
identified as Property Identification Number 34-03210-85-015 and being more particularly
described by deeds as recorded in the land records of the County of Dakota as Document numbers
1632271 and 1632272, (hereinafter referred to as "Property").
WHEREAS, the undersigned is proceeding to build on and develop the property; and has submitted
the Site/Subdivision Plan known as Frana Wall Plant Expansion ,
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved
by the CITY, provides for detention of stormwater within the confines of the property; and
WHEREAS, the CITY and the OWNER, its successors and assigns, including any homeowner’s
association, agree that the health, safety, and welfare of the residents of the City of Rosemount,
Minnesota, requires that on-site stormwater management facilities be constructed and maintained on
the Property; and
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WHEREAS, the CITY requires that on-site stormwater management facilities as shown on the Plan
(the “Facilities”) be constructed and adequately maintained by the OWNER; and
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
(1) When construction is complete, the OWNER shall provide as-built plans to the City of
Rosemount Engineering Department. All maintenance and repair performed by the OWNER
shall be recorded and records submitted to the City of Rosemount Engineering Department.
The OWNER shall retain records of maintenance for at least ten years. These records shall
be provided to the City of Rosemount’s City Engineer during inspection of the facility and at
other reasonable times upon request.
(2) The OWNER or OWNER’s designee shall perform the following maintenance activities per
Attachment 1: City of Rosemount Engineering Standards for Stormwater Treatment
Facilities on a regular basis or as needed:
a) Removal of trash and debris,
b) Inspection of inlets and outlets for functionality and structural condition,
c) Removal of sediments when the storage volume or conveyance capacity of the
stormwater management system is below design levels
d) Ensure systems designed for infiltration are drawing down within 48 hours, and
e) Stabilization and restoration of eroded areas.
(3) The OWNER or OWNER’s designee must also perform the following specific operational
maintenance activities, depending on the type of permitted system, in addition to the
practices listed in subsection (2), above. See Attachment 1 for additional specific
maintenance activities that shall be performed by the OWNER or OWNER’s designee based
on the type of systems installed.
a) Retention, swale and underdrain systems shall include provisions for:
1. Mowing and removal of grass clippings, and
2. Aeration, tilling, or replacement of topsoil as needed to restore the
percolation capability of the system. If tilling or replacement of the topsoil is
utilized, vegetation must be established on the disturbed surfaces.
b) Exfiltration systems shall include provisions for removal of sediment and debris
from pretreatment or sediment collection systems.
c) Wet detention systems shall include provisions for operational maintenance of the
littoral zone. Replanting shall be required if the percentage of vegetative cover falls
below the permitted level. It is recommended that native vegetation be maintained in
the littoral zone as part of the system's operation and maintenance plan. Undesirable
species such as cattail and exotic plants should be controlled if they become a
nuisance.
d) Dry detention systems shall include provisions for mowing and removal of grass
clippings.
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(4) If the system is not functioning as designed and permitted, the OWNER must perform
operational maintenance immediately to restore the system. If operational maintenance
measures are insufficient to enable the system to meet the design and performance standards
of this chapter, the OWNER is responsible for either replacing the system or constructing an
alternative design.
(5) The CITY may, but is not obligated to, maintain the Stormwater Facilities if the CITY
reasonably believes that the OWNER has failed to maintain the Stormwater Facilities in
accordance with the applicable laws and regulations or this Agreement. OWNER shall
perform the required maintenance of the Stormwater Facilities within 30 days of the date of
notice from the CITY. In the event OWNER fails to clean or maintain the Stormwater
Facilities in accordance with the CITY’s notice, the CITY may have the Stormwater
Facilities cleaned or maintained either through its own employees or through an outside
third party, the cost of which shall be the responsibility of Owner. In such case, the CITY
shall send an invoice for all costs associated with the maintenance performed by the CITY,
including, but not limited to, all staff time, engineering and legal and other reasonable costs
and expenses incurred by the CITY in performing the work. If OWNER fails to reimburse
the CITY, within the time specified in the invoice, for the CITY’s costs and expenses in
maintaining the Stormwater Facilities, the CITY shall have the right to specially assess the
full cost thereof against the Property. OWNER, on behalf of itself and its successors and
assigns, acknowledges that the maintenance work performed by the CITY regarding the
Stormwater Facilities benefits the Property in an amount which exceeds the assessment and
hereby waives any right to a hearing or notice and the right to appeal the assessment
otherwise provided by Minnesota Statutes Chapter 429. This provision shall not be
construed to allow the CITY to erect any structure of permanent nature on the land of the
OWNER outside of the easement for the stormwater management facilities. It is expressly
understood and agreed that the CITY is under no obligation to routinely maintain or repair
said facilities, and in no event shall this Agreement be construed to impose any such
obligation on the CITY. The OWNER grants to the CITY, its authorized agents and
employees, a non-exclusive, perpetual easement over, across, under and through the
Property for such purposes.
(6) OWNER shall indemnify, defend, and hold the CITY and its employees, officials, agents,
and contractors harmless for any and all claims, demands, losses, damages, and costs
(including reasonable attorneys’ fees) arising out of or resulting from OWNER, or its
agent’s, contractor’s, or employee’s negligent or intentional acts, or any violation of any law
or regulation in OWNER’s performance of this Agreement, without regard to any inspection
or review made or not made by the CITY, its agents, contractors, or employees or failure by
the CITY, its officials, employees, agents, or contractors to take any other prudent
precautions.
(7) The CITY shall indemnify, defend, and hold OWNER and its employees, officers, agents,
and contractors harmless for any and all claims, demands, losses, damages, and costs
(including reasonable attorneys’ fees) arising out of or resulting from the CITY, or its
agent’s, contractor’s, or employee’s negligent or intentional acts, or any violation of any law
or regulation in the CITY’s performance of this Agreement.
(8) All duties and obligations of OWNER under this Agreement shall also be duties and
obligations of OWNER's successors and assigns. The terms and conditions of this
Agreement shall run with the Property and be recorded with the property records of Dakota
County, Minnesota.
601784v2RS220-398
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(9) The OWNER agrees on behalf of itself and its successors and assigns to reimburse the CITY
for all costs prudently incurred by the CITY in the enforcement of this Agreement, or any
portion thereof, including court costs and reasonable attorneys' fees.
(10) All notices required under this Agreement shall either be personally delivered or sent by
U.S. certified mail, postage prepaid, and addressed as follows:
i. As to OWNER: Donfraco LLC
633 2nd Avenue S
Hopkins, MN 55343
Attn: Peter Donnino
ii. As to the CITY: City of Rosemount
2875 145th Street W.
Rosemount, MN 55068
Attn: City Engineer
IN WITNESS THEREOF, the parties hereto acting through their duly authorized agents have
caused this Agreement to be signed and effective on the date written above.
Donfraco LLC
By: Peter Donnio Its: Chief Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF __________________ )
The foregoing instrument was acknowledged before me this ___ day of ________, 2019, by
Peter Donnio, the Chief Manager of Donfraco LLC, a limited liability company under the laws of the
State of Minnesota, on behalf of the company.
Notary Public
NOTARY STAMP OR SEAL
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CITY OF ROSEMOUNT
By: ________________________________
Its: Mayor
By: ________________________________
Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of ________, 20__, by
William Droste and Erin Fasbender, the Mayor and the City Clerk, respectively, of the City of
Rosemount, a Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
NOTARY STAMP OR SEAL
This instrument drafted by:
Kennedy & Graven, Chartered (MDT)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
601784v2RS220-398
ATTACHMENT 1: CITY OF ROSEMOUNT
ENGINEERING STANDARDS FOR STORM WATER
TREATMENT FACILITIES
The following are the maintenance requirements for the proper operation of water quality
treatment structures provided by the Minnesota Stormwater Manual (as amended) and the
Minnesota BMP Manual (as amended)):
Pond Maintenance Requirements
1. Annual inspection, maintenance reporting and certification by a professional engineer
(Provided by OWNER). Information must be submitted to the CITY annually.
2. Excavate pond to original design capacity when one half (1/2) of the wet volume of the pond
is lost due to sediment deposition.
3. Remove floatable debris in and around the pond area including, but not limited to: oils,
gases, debris and other pollutants.
4. Maintain landscape adjacent to the facility per original design, including but not limited to:
maintenance of the buffer strip and other plant materials as per original plan design.
5. Maintenance of all erosion control measures including but not limited to: rip rap storm
sewer outlets, catch basin inlets, etc.
Environmental Manhole Maintenance Requirements
1. Annual inspection, maintenance reporting and certification by a professional engineer
(Provided by OWNER). Information must be submitted to the CITY annually.
2. Maintenance should be performed once the sediment or oil depth exceeds the
established requirements recommended by the manufacturer.
3. Maintenance should occur immediately after a spill takes place. Appropriate regulatory
agencies should also be notified in the event of a spill.
4. Disposal of materials shall be in accordance with local, state and federal requirements as
applicable.
Rain Garden Maintenance Requirements
1. Inlet and Overflow Spillway – Remove any sediment build-up or blockage and correct any
erosion.
2. Vegetation
a. Maintain at least 80% surface area coverage of plants approved per plan.
b. Removal of invasive plants and undesirable woody vegetation.
c. Removal of dried, dead and diseased vegetation.
d. Re-mulch void or disturbed/exposed areas.
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3. Annual inspection and maintenance efforts must be documented and submitted to the CITY.
Filtration Basin Maintenance Requirements
1. Sweep sediment from parking lot 2 times per year
2. Ongoing and as needed:
a. Prune and weed to maintain appearance
b. Remove trash and debris
c. Maintain at least 80% surface area coverage of plants approved per plan.
d. Removal of invasive plants and undesirable woody vegetation.
e. Removal of dried, dead and diseased vegetation.
f. Re-mulch void or disturbed/exposed areas.
3. Semi-annually:
a. Remove sediment from inflow points (off-line systems)
b. Inspect aggregate filter system and clean as needed
c. Shrubs should be inspected to evaluate health. Remove dead and diseased
vegetation.
4. Annually:
a. Inspect and remove any sediment and debris build-up in pre-treatment areas
b. Inspect inflow points and bioretention surface for buildup of road sand associated
with spring melt period. Remove and replant as necessary.
5. 2 to 3 years:
a. Test pH of planting soils. If pH is below 5.2, add limestone. If pH is 7.0 to 8.0, add
iron sulfate plus sulfur.
6. Annual inspection and maintenance efforts must be documented and submitted to the CITY.
601784v2RS220-398