HomeMy WebLinkAbout2020-101 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 20-101
RESOLUTION ORDER PROJECT, APPROVE PLANS AND SPECIFICATIONS, AND
AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE NORTHEAST DRAINAGE
AREA IMPROVEMENT PROJECT
WHEREAS, the City Engineer has prepared plans and specifications for the Northeast (NE)
Drainage Area Improvement Project. Project plans and specifications have been presented to the
City Council for approval;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
Orders the NE Drainage Area Improvement Project and approves the plans and specifications, a
copy of which is on file at City Hall. The City Engineer is directed to advertise for bids, and
provide bidding administration.
The City clerk shall prepare and cause to be inserted in the official paper and in Finance and
Commerce an advertisement for bids for the making of such improvement under such approved
plans and specifications. The advertisement shall be published for two weeks, shall specify the
work to be done, shall state that bids will be received by the Clerk, at which time they will be
publicly opened at the City Hall by the City Clerk and Engineer, will then be tabulated, and will be
considered by the Council at 6:30 p.m. on November 9, 2020, in the Council chambers of the City
Hall. Any bidder whose responsibility is questioned during consideration of the bid will be given
an opportunity to address the Council on the issue of responsibility. No bids will be considered
unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid
bond or certified check payable to the Clerk for five (5) percent of the amount of such bid.
Adopted by the Council of the City of Lino Lakes this 12th day of October 2020.
The motion for the adoption of the foregoing resolution was introduced by Council Member
Stoesz and was duly seconded by Council Member Cavegn and upon vote being taken thereon,
the following voted in favor thereof:
Stoesz, Cavegn, Ruhland, Lydell, Rafferty
The following voted against same: None
ATTEST:
e Bartell, City lerk
ft., 4t 7 t.,
Ro fferty, Ma or
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CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Diane Hankee, PE City Engineer
C. C. MEETING DATE: October 12, 2020
TOPIC: NE Drainage Area Improvement Project
i. Consider Resolution 20-101, Order Project, Approve
the Plans and Specifications and Authorize the Ad for
Bid
ii. Consider Approval of Resolution No. 20-113,
Approving Permit Agreement with the Board of Water
Commissioners of the City of Saint Paul
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting Council consider ordering the project, approve the plans and specifications,
authorize the ad for bid, and approve Permit Agreement with the Board of Water Commissioners
of the City of Saint Paul for the NE Drainage Area Improvement Project.
BACKGROUND
The surface water in the Northeast Area of Lino Lakes has a restricted ability to drain and is
considered landlocked. The Northeast Drainage Area includes nearly 1,300 acres, and is bound
by Main Street to the south, the City of Hugo to the east, and Peltier Lake to the west, and
Rehbein Street to the north. A majority of this watershed currently drains to the southeast to
Clearwater Creek via field drains. Clearwater Creek is impaired for aquatic life and has had a
history of significant bank erosion problems.
Multiple alternatives were vetted to address the drainage needs for the area. The project
alternatives were refined with input from land owners, potential developers, neighboring
communities, the Rice Creek Watershed District (RCWD), the Minnesota Pollution Control
Agency, US Army Corps of Engineers, and the Minnesota Department of Natural Resources. A
Comprehensive Surface Water Management Plan (CSMP) was required by RCWD for watershed
approval. The CSMP and the associated surface water modeling includes regional water quality
best management practices (BMPs), stormwater volume and rate control improvements, and a
new outlet to Peltier Lake. Peltier Lake is impaired for nutrients and the new system will
improve the quality of water entering the lake.
The proposed project includes a new stormwater conveyance system and multi -purpose regional
stormwater management facilities. The project will be implemented in phases in coordination
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with development in the area. Phase 1 includes the construction of the outlet to Peltier Lake and
phase 2 includes a crossing of the system under I-35E to extend the conveyance system to the
east side of the freeway. As part of the approved Watermark Master Development Agreement,
the City is obligated to complete phase 1 which provides an outlet for future phases of the
Watermark development and eventually the entire NE Drainage Area.
On October 22, 2018, the City Council authorized preparation of plans and specifications for the
first phase of the NE Drainage Area Improvement Project. Plans have been drafted and the
project permits obtained.
In March of 2019, the City Council authorized acquisition of property required to complete the
project. The acquisition included two property owners, Leibel and Salo/Olsen. The City
currently has possession of the required property. The Leibel acquisition is still in the final
settlement stage and the Salo/Olsen acquisition is continuing through the commissioner process.
The project is funded though the Surface Water Management Fund (SWMF). The SWMF was
established in 1992 to fund costs associated with administrative, planning, and trunk stormwater
costs associated with the City's Surface Water Management System. The estimated construction
project cost, including a 10% contingency, is $1,210,000.00.
The estimated schedule for the projects:
Order Improvement, Approve Plans and Specifications
Authorize Ad for Bids
City Opens Bids
City Council Awards Contract
Construction Begins
Final Completion
October 12, 2020
October 29, 2020
November 9, 2020
November, 2020
September 31, 2021
RECOMMENDATION
Staff is recommending approval of Resolution No. 20-101, Order Project, Approve the Plans and
Specifications and Authorize the Ad for Bid; and approval of Resolution No. 20-113, Approving
the Permit Agreement with the Board of Water Commissioners of the City of Saint Paul for the
NE Drainage Area Improvement Project.
ATTACHMENTS
1. Resolution No. 20-101
2. Resolution No. 20-113
3. Permit Agreement with the Board of Water Commissioners of the City of Saint Paul
4. NE Drainage Area Map
5. Construction Plans
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PERMIT AGREEMENT
between the
BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL
and
THE CITY OF LINO LAKES
THIS AGREEMENT is made and entered into this 6th day of March, 2020, by and
between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, a
municipal corporation under the laws of the State of Minnesota, acting through its Saint Paul
Regional Water Services General Manager (the "Board"), and THE CITY OF LINO LAKES, a
municipal corporation under the laws of the State of Minnesota (the "Permittee").
WITNESSETH: That the Board, for itself, its successors and assigns, and Permittee, for
itself, its successors, and assigns, do hereby agree as follows:
1. Permittee is hereby permitted to enter upon certain Board owned property in Section 14,
Township 31, Range 22, Parcel ID 14.31.22.21.0003 lying between the shoreline of Peltier
Lake and the westerly right-of-way line of Peltier Lake Drive (the "Premises") to perform
operations to modify the existing storm sewer infrastructure as described and depicted in the
City of Lino Lakes 2020 Northeast Drainage Area Improvements Project dated 7/22/2020,
attached hereto and incorporated herein as Exhibit A.
2. Work and Activity Requirements
a. Permittee shall notify Board's representative Mike Knutson at 651-775-6192
three days prior to accessing the Premises in order to schedule work and activities.
b. No other work or activities are permitted within the Premises.
3. The fee of $500 as reimbursement of administration costs due to the Board and payable by
Permittee is hereby waived.
4. Routine operations of the Board shall take precedence over all Permittee activity included in
this Agreement.
5. The Board shall have the option and authority of assigning its inspector or inspectors to the
site at any time and for such periods as the Board or its engineer deems necessary or
expedient for the safety and protection of employees or works of the Board or of other
persons or property whomsoever or whatsoever because of any condition arising out of said
permitted activity or from acts or operations of Permittee in the operation within the
Premises.
6. It is understood and hereby agreed by and between the parties hereto that any plans or data
supplied by the Board or its engineer in respect of but not necessarily limited to work of the
Board or of others located within or adjacent to said Premises are approximations only and
that the Board explicitly does not guarantee any said plans or data to be either complete or
correct.
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7. Within sixty (60) days of expiration or termination of this Agreement, Permittee shall restore
the Premises to a condition equal to or exceeding the existing condition prior to permitted
improvements and activities.
8. The use of explosives of any kind or for any purpose whatsoever within and adjacent to the
Premises, including ammunition in hand-held impact -driven type tools, is expressly
prohibited.
9. Permittee shall neither make any excavation nor alter any works or improvements therein
other than as expressly provided for in this Agreement, except with and according to SPRWS
General Manager's written consent thereto.
10. Permittee shall not allow hazardous substances within the Premises for any reason and shall
be responsible for any environmental, ecological, or other damage caused by the presence of
any hazardous substance introduced to the Premises during any permitted activities.
11. The Board reserves to itself the right to install additional works within the Premises and to
continue maintenance of existing works located therein.
12. Permittee shall not damage or obstruct or cause any interference or otherwise damage said
Premises or any improvement or works of the Board or others located therewithin, thereupon
or thereunder and Permittee shall pay for or otherwise make good to the satisfaction of the
Board any damage caused to said Premises or to any improvement or works of the Board by
Permittee and that any repair or replacement of works of the Board which might be damaged,
destroyed or rendered unsuitable to the purpose thereof by any reason arising out of acts of
Permittee shall be accomplished by the Board with its own forces or by its contractor, as the
Board may elect, and by use of materials furnished by the Board or its contractor as
hereinafter provided, all at the cost and expense of Permittee.
13. Permittee shall forever indemnify and save harmless, protect and defend the City of Saint
Paul and the Board, their employees and agents from any or all liability, suits or demands,
including the legal defense costs thereof, for bodily injuries (including death) or property
damages, including loss of use, arising out of the activity permitted by this Agreement. This
provision shall not, however, apply to the extent that such bodily injury or property damage
is caused by the negligence of the City of Saint Paul or the Board, its agents or employees.
This provision shall further be subject to the following: any liability of the City of Saint Paul
or the Board shall be governed by Minnesota Statutes, Chapter 466 and shall be subject to
the conditions and limitations therein.
14. The obligations of Permittee hereinabove set forth shall not be extinguished or modified in
any respect by reason of the fact of any insurance taken out in pursuance of other pertinent
provisions of this Agreement.
15. During permitted activity, Permittee or Permittee's contractor shall take out and maintain
comprehensive public liability insurance for and on behalf of Permittee. The City of Saint
Paul and the Board of Water Commissioners of the City of Saint Paul shall be named as
additional insureds, protecting the parties from claims for damages and bodily injuries,
including accidental death, as well as from claims for damage to property owned by the
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Board, which may arise from operations incidental to this Agreement, including coverage for
damage to structures of any kind or underground structure of any kind, whether such
operations be by Permittee or by any contractor or subcontractor or by anyone directly or
indirectly employed by any of them. Such insurance shall also include contractual liability
coverage and shall insure the liability assumed by Permittee under the indemnification clause
contained in this Agreement. The minimum amount of such liability insurance shall be as
follows:
Combined single limit of not less than $1,500,000 per occurrence for bodily injury
and property damage, subject to $2,000,000 aggregate. Lessee may satisfy this
requirement with underlying insurance and/or an umbrella policy.
Acceptable written proof of insurance shall be delivered to the Board well in advance of the
time contemplated for commencing any operation pursuant to this Agreement and no
operations shall be commenced, carried out, continued or permitted except after the Board
has given Permittee its written approval of said insurance, and said insurance so approved is
in force and effect.
16. Should it be necessary that the Permittee's works or improvements be removed or damaged
as a result of Board operations, all replacement costs or modification costs to restore the
Permittee's works shall be borne solely by the Permittee. Such replacement or modification
shall not require an additional permit unless Permittee is so notified by SPRWS General
Manager.
17. The exercise of privileges granted in this permit shall be without cost or expense to the Board
and shall be subject to inspection and approval of SPRWS General Manager or a designated
representative.
18. It is intended that the permission granted herein and the obligations set forth herein shall run
with the Premises and shall be binding upon the Permittee, its successors or assigns and upon
the Board, its successors or assigns.
19. The permit may not be transferred or assigned by Permittee except with and according to
written permission of SPRWS General Manager.
20. The granting of this permit creates in the Permittee no property
21. This Agreement shall commence on the day and year first written, and shall expire on
December 31, 2021, unless sooner terminated as herein provided, and subject to all terms of
this Agreement. The Board and Permittee may mutually agree in writing to extend the term
of this Agreement, subject to terms and conditions as may be mutually agreed to by both
parties and set forth in a written amendment or extension of this Agreement.
22. This Agreement may be terminated at any time by Permittee without cause upon thirty (30)
days written notice to Board.
23. If Permittee should fail to comply with any terms of this Agreement for a period ofthirty
(30) days after receiving written notice specifying said default, then the Board may at its
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option and without limiting the Board in the exercise of any other remedy or right it may
have on account of such default, and without any further notice or demand:
Terminate this Agreement and enter the Premises, remove or remedy said default to
the terms of this Agreement and charge the costs thereof to the Permittee.
24. Permittee agrees to abide by all applicable federal, state and local rules and regulations
governing the performance of the activity hereby permitted.
25. The undersigned represent that they have the power and authority to execute this Agreement
on behalf of their respective parties.
26. The parties may sign this Agreement in counterparts, each of which constitutes an original,
but all of which together constitute one instrument.
27. The parties agree that the electronic signature of a party to this Agreement shall be as valid as
an original signature of such party and shall be effective to bind such party to this
Agreement. The parties further agree that any document (including this Agreement and any
attachments or exhibits to this Agreement) containing, or to which there is affixed, an
electronic signature shall be deemed (i) to be "written" or "in writing," (ii) to have been
signed and (iii) to constitute a record established and maintained in the ordinary course of
business and an original written record when printed from electronic files. For purposes
hereof, "electronic signature" also means a manually signed original signature that is then
transmitted by any electronic means, including without limitation a faxed version of an
original signature or an electronically scanned and transmitted version (e.g., via PDF) of an
original signature. Any party's failure to produce the original signature of any electronically
transmitted signature shall not affect the enforceability of this Agreement.
[Remainder of this page is left intentionally blank.]
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IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
executed the day and year first written.
For Permittee: CITY OF LINO LAKES
Rob Rafferty, Mayor
Date:
For Board: BOARD OF WATER COMMISSIONERS
OF THE CITY OF SAINT PAUL
Stephen P. Schneider, General Manager
Saint Paul Regional Water Services
Date:
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