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HomeMy WebLinkAbout2020-101 Council Resolution• • 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 • • • 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 • • 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 • • • 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. Page 1 of 5 • 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 Page 2 of 5 • • 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 Page 3 of 5 • • • 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.] Page 4 of 5 • 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: Page 5 of 5