Loading...
HomeMy WebLinkAbout10/07/2013 Work Session CITY OF COLUMBIA HEIGHTS Mayor Gary L.Peterson Councdmembers Robert A.Williams 590 40th Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Bnice ttiawrocki Visit our website at:www.ci.cokunbia-heights.mtz.us Taniniera Diehm Derma Schmitt City Manager Wafter R.Felist ADMINISTRATION Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: MONDAY, OCTOBER 7, 2013 Time of Meeting: IMMEDIATELY FOLLOWING CITY COUNCIL SPECIAL ASSESSMENT HEARING AT 6:45 PM Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION AGENDA 1. FBI Academy (Police) 2. Alley Rehab Program (Public Works) A. Reconstruct B. Maintenance: Joint and Crack Sealing 3. Jackson Pond (Public Works) A. Funding Agreement with MWMO B. Authorization to Prepare Plans 4. Sale of Vactor—Verbal Report (Public Works) 5. Department Budget Presentations: Police Fire Recreation Library The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611 to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) CITY COUNCIL LETTER Work Session of: October 7, 2013 AGENDA SECTION: WORK SESSION ORIGINATING CITY NO: DEPARTMENT: MANAGER PUBLIC WORKS ITEM: ALLEY REHABILITATION PROGRAM: BY: K. Hansen BY: A. RECONSTRUCTION DATE: 10/03/2013 DATE://�// 31 B. MAINTENANCE Background: Two citywide cycles of the Street Rehabilitation Program have now been completed. The Program was suspended for two years for the evaluation of the City's concrete streets(2013) and our alleys (2014). The concrete street rehabilitation program is now complete. The City of Columbia Heights has 17 miles of alleys,7 miles of bituminous and 10 miles of concrete construction. The last major work was conducted in 1999 with the completion(previously gravel)or the reconstruction of 15 alley segments(by block).The policy the Council established at that time was that new or fully reconstructed alleys would be constructed of concrete. Certain alley segments are deteriorating at an accelerated pace. Staff has been providing patching,or thin overlays to extend their life—really on the premise to buy some time until full reconstruction.For reconstruction, staff recommends continuing the policy of concrete considering narrow widths, and trash and recycling is now picked up in the alleys. In 2012, all of the bituminous alleys were tested(falling weight deflectometer)and rated.Attached is the listing of the alley segments,test results and recommendations. Staff highlighted alley segments on the basis of frequency of maintenance as candidates for reconstruction. Analysis/Conclusions A. RECONSTRUCTION: Attached is an engineer's estimate of a typical alley reconstruction using concrete. The cross section used to calculate quantities was the same used in 1999 as those have held up well. Other considerations such as drainage were not included with general estimate,but would be considered on a specific alley segment basis during design. Also included in the estimate sheet is a range of costs that a typical property may be facing under a 100% assessment scenario. A range of costs for a new concrete alley would be $115,000 to $130,000 using 2013 bid prices. Assessing 100%of the alley to adjacent property owners would result in an average assessment of$5,500 to $6,000 per lot. B. MAINTENANCE Existing concrete alleys, found to be in adequate to good condition should have their cracks cleaned and sealed to extend the life of the pavement. Staff would recommend this under a separate crack sealing program to be funded out of the infrastructure fund. Recommended Motion A: None—for informational and discussion purposes. Attachments:Bituminous Alley segments/ratings Typical Alley Cost estimate Alley Cost Estimate Typical 630' Residential Alley NO. ITEM UNIT UNIT PRICE QUANTITY TOTAL 1 Mobilization L.S. $5,000.00 1 $5,000.00 2 Remove curb and gutter L.F. $7.00 80 $560.00 3 Remove concrete walk S.F. $2.00 200 $400.00 4 Remove concrete driveway S.F. $3.00 1,500 $4,500.00 5 Remove concrete alley apron S.F. $4.00 160 $640.00 6 Remove bituminous driveway S.Y. $10.00 200 $2,000.00 7 Remove bituminous alley S.Y. $10.00 830 $8,300.00 8 Remove bituminous pavement S.Y. $10.00 20 $200.00 91 Sawcut concrete (full-depth) L.F. $5.00 600 $3,000.00 10 Sawcut bituminous(full-depth) L.F. $3.00 380 $1,140.00 11 Common excavation, CV(P) C.Y. $20.00 485 $9,700.00 12 Granular borrow, CV C.Y. $20.00 210 $4,200.00 13 Aaa. base CL-5 or CL-7, CV C.Y. $35.00 155 $5,425.00 14 Bituminous patch special, 3" S.Y. $50.00 170 $8,500.00 15 4" Concrete walk S.F. $4.00 200 $800.00 16 Concrete curb and gutter L.F. $16.00 80 $1,280.00 17 6" Concrete driveway S.F. $5.00 1,500 $7,500.00 18 8"Concrete alley S.F. $6.00 7,600 $45,600.00 19 Topsoil with sod S.Y. $15.00 135 $2,025.00 Concrete Alley $110,770.00 5% Contingency $5,538.50 10% Engineering $11,077.00 $12� Average 50' Lot $5,307.73 24 Parcels For Comparison: 2012 Alley 16.86/S.F. $128,136.00 (Inc Eng) Estimated Centerline ID Location Parcels Assessment AL35D124 Madison St. Monroe St. 40th Ave. 41 st Ave. 23.26 $5,476.59 AL35A085 Monroe St. Quincy St. 42nd Ave. 43rd Ave. 24.00 $5,307.73 AL25C040 Polk St. Taylor St. 46th Ave. 47th Ave. 22.00 $5,790.25 AL35A088 VanBuren St. Cental Ave. 42nd Ave. 43rd Ave. 23.00 $5,538.50 AL35A091 Monroe St. Quincy St. 41st Ave. 42nd Ave. 24.00 $5,307.73 AL35A087 Jackson St. VanBuren St. 42nd Ave. 43rd Ave. 21.00 $6,065.98 AL25C039 Tyler St. Polk St. 46th Ave. 47th Ave. 22.46 $5,671.66 AL26A001 Jefferson St. Madison St. 49th Ave. 50th Ave. 22.00 $5,790.25 AL35D126 Jackson St. Van Buren St. 40th Ave. 41stAve. 17.66 $7,213.22 AL2613007 Service Dr. 4th St. 49th Ave. 50th Ave. 22.40 $5,686.85 AL35D125 Monroe St. Quincy St. Monroe St. 41 st Ave. 18.86 $6,753.55 240.64 Average for 11 alleys $5,822.93 V U C C lC (6 C C N N C C M .(a E E d C) C C N > > O 2 2 CIS c c c G G c c C C C C C c C c C G C c c c c c d d m co N ITC N N m co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z z c c .0 .0 .v v 6 .0 t .0 .0 .0 t .0 .0 t .v .v .v .v .v 0 E O c C C c c C C C C C C C c Vm 2 2 >Ta a G> "C>p U C> > '>p C 'p G(> 2 2 2 2 2 2 2 2 2 2 2 > = 0 0 0 0 0 0 0 0 N N t N N N N N N N N N to N N N N f) O O O O O O O O O O O O O O 0 0 O U U U U U U U U U U U U U U U 6 co R (6 C N 6 I- (D (D N N N 0 0 N N 0 N 0 0 0 0 0 N N C) 0) N CD (D 0 W0 I� W 0) N N M � to to co co 00 O N M O � r .- I� R O tt) u') O N to N p V' �t to to to U-1 0 to � to � O O O O O O I` W OD W T O fo U7 to 0 tO f0 CO r- of J m � m C N w aU m N > O) M � O M O of I- O M 00 cD n O r r O) M O M M O tO M O M O 'It O r O tD to • LLII r r r � O aM o M •d U r r W 0)I W ID (() O M O co r M �- m v M I` O O V O M OR N N r M ID Cl O N p M M M v M M 4 4 4 to V to V to tO to V CD O I` r r w O to to CO _ N N N N N N N N N N N N N N N N N N N N N N N N N M M M M M M M M t0 C > Elf N CO Cl) O Cl) O CD M O Cl) r M O O N 00 C f0 00 CO CO O CD O w to co CD 0' (D O to O CO CO O CD fO p CA O O tT O CA O O 0) 0) (A m O O O O O O (A O U r .- � r r r r �--• .- r �-- .L+I N N O N N N N N N N N N N N N N N N N N N N N to N N aD N N ao N N N — r O O O M) t[) O O O O O O O O O O O O O O O tt) O O to I[) C) to In t() O tC) O_ O O N O O O M N V v 'V to M — N N N M N �- N O 00 d' CO u) O M M <1• C I- to M V w CD CD N N N O O O O (0 N O 0 CD N N 00 m (0 LL) v 0 CD J � � (U N N N M N (D (O .� n O O O N O r r o N fo r Q Q t L T d M m N N N N > N N C) f0 N C cn (U w G O) N N > > > > > > > > > > > > > O O > > > N Q Q Q Q Q Q fn Q Q Q Q Q Q Q Q Q Q U N_ U Q Z Q Q Q C L N "O L L Y "O C p "O L L L 2 Y •6 C N L :s L O N O M r M O r M N co Cl) r O � >. O (C p L V' W W V sp 'tY M v '7 '�Y v d' V ? LO M H d CJ V to ' er V' M W U � a > E > > Q a'i d N a�i •� � r Q Q Q L o cn ai N J Cl) W L O w(D C) N N L O w ai Q c Q L> Q w(>D> > > > > > o > > > 0 >o Q Q Q Q Q Q Q o p O LL U) M M Q d V (n W M M M Z Z M U Z M M M W Z \ m f0 C fn N Q Q (n C C 4) N N co G N In U) fn O T > _ N > > > = L () Q m o o w m V v U Y L Y c C +L N Y C > c .0 C = C Y U Y L s w C .c C N N C 7 O p O O 3 O L O N N N 7 O O O O N O T h O W M CD 7 L C) Q m d d 2 0 -V v d U F U u' � � > d � d f- � � Cl) > � C'1 co W > 0 N tC > > � •0 T Q U N �C C w C co U N d d C N C m C) N N U (6 w fn d d N N _O (n O N O CD CD O Q Q Cn m 7 p N O (n 2 co > > > O 0 ` O N _. O w m m _ w O Q Q Q w m p Y �O N Y N N Y C) •D c N L > N C Y C C 'O Y Y � � N N +L.+ L ♦L.• � Y `!- � C � -p m d F- d N H W co Z) � > d > d -pi H F d' CO M M co U (q 2 u') CO U) V n a u') V In N W O W (D I� O _O) 00 00 CO st (0 W Co O O w O O V •- O (p CD N_ a0 �_ O_ 1� O N_ V a0 W O O M O O O M O M M N tC7 M c� N M_ C O O O O O O O O O O O O O c _ 0 < m 0 U 0 Q U U m U U Q Q Q U Q U Q U U U U D D Q U 0 to (D to to (O W M co m to to to (o O tC) t0 O IO w to O t0 N (o C' to to CO fo M M M M M M N M M M M M N N M M N M M M M M M M N M J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J Q Q Q Q Q Q a Q Q a Q a Q Q Q Q Q Q Q Q a Q Q Q Q a Q Q Q Q Q Q Q v U 0 OI c- N M u7 (O r Op O O N M V to O r —00 O O N M N N IN W O O N M Z �- — �- — — � �-- N N N N N N N N N N M M Cl) Cl) C C C C C C C C C C G G C C m a) a) C O O O O O O O O O O O O O O O U O O O O m C C C U U U U U U C) U U U V U U U U C U U U U m m m 2 2 2 2 2 2 2 2 2 2 2 2 2 2 cm m c c c 2 c c C C C C m m m m m d N N N N y y N N N N N N N N VJ N C d C C C O O O O O U U O U O U O U O U O U O O U O U O U O U O U O 'C (U 'C 'C 'C E E E d a) m a) m a m m m a a a m m m E m m m O U C C I W W E o E E E it E E y c c c U c c> d? a m d m a a a m m a a U ao U U U U U U U c> c> c> U d c c c c c c c c c c c c c c c c> > CU m m m m m m m m m m m m m d > m 0 m m d d c m c c c c c c c c c c c c c c > > > > c > > 4 T T T T a d d N a) a) N m d a) m d a) a) a) m N M m ° c o c c c c c c c c c c c c c d d d d p p c ( d m a) a) N T T m m m m m 'm m m m m m m m m >, 'm m > > > > m m E C C C C C m E E E> >E E m E m >E E> E y E ay >E >E E> L tc m L Jc T L c rn L cc m E L tc o L rn m 2 w E W m a) C> > > > > > > y N E U C > C C C C C> U m N U 6 6 c it nf WN (D Co N—co M O M co �-- 00 M r N N V: IQ M Lq r• M Lq O v CD M O q v O O O LU O ._ w w O a0 M O O tD V O 6 v h Lo (() � 0 M r• N co oo M M W O O u) (D M O O Z J U tm �) m m t/) d o m y r r r o M r r` CD v oo co o to o O v r n r oo N � o (n u) co r o r a`> r• a0 Cn 6 6 h• p 6 M (`J M a0 M M O N v � � V' 00 f� M N N (D r• N � W •" r r N N N N C W O 0 7I C,4 (0 M O r• V r• tD N N r• to to N M M O O r o0 O O r., O r O O O r• M V: O T r• w r• M O v v Lo v M v v v (C) u> r• (0 r• 0O M O r• M M v JO r• O r• 'C � O M M M M M M M CO r• n M a0 CO aD a0 M aO aO oO W W W W W W aD M M M M O 7 .°I M i M N N N O t0 v (D r M v v V O W M dj r• N N N co :l) m O tD t0 O O CO 4) O (D co (D 0 In In O O O O O t0 t0 O O O m M M M M M M T M M 0) M M M M M M M M M M M M O U } r N L N N N N N N N r N d' N r r_ r N N O N (N N N_ N N r_ N -H O () r) O r N tN r o O N r M N r O r N O N r O O N r N r O N r (r N f O co O 04 t2 N N N N N N N N D N 0 O M 0 O D (D O O 0 00 (0 t0 co co CD O M 0 0 r n N r(() N J a) r• (D (D v v v (n N M tD r• r• r• r r• r• v MJ v v v r• (D r- G O cn d c c > > > > > > •> > > > O > N > > > > > > > N > > > > > > > Q Q Q L Q < Q Q Q Q Q Q Q Q Q Q Q 'j Q Q Q Q Q Q Q •O C C L L L .Lr m N C w L ML-• a _N N co L t t C C L O m N N O O O N W M V r• CO CO O CO M m ([> Co (D N N O m f mil' v Lo (O S a _ M M W Z M M CO R tD tf) to d V' '�Y �t L (O cu l), N > to LU CL J 3 C c ai ai ai ai ai ai ai N ai > > ai ai (n to ai ai ai > m ai 3 d ai ai ai ai ai ai Q ° Q Q Q Q Q Q L Q o Q Q Q Q Q 0 Q Q Q Q Q Q Q ° m Q Q Q Q Q Q fn O m N M w +L w yF; w CO y L w £ £ $ i w t w C L 5 m w L L fq N £ M a0 M v O (D h W a0 f0 r• r• M O N O m u') Ji) M O to d v v v v v Z v R M M Cl) v d M M v v (r) W) (n a > v v v Lo u) v z � > > m m C _ y (n (n C (n C C C a) N N E N N CO (n N m U) t L b O m m m C co L L O L 7 N C c r — 'O r L L L L L r• m S O L L d d ,.h•, Q M M (D .� to (n d -1 N N N t1 M N (n (D (O v M U F- a LL C!) n U C N m w E tr y .r- 0 m Z Z Cn •C c a U) Cn C p J C O c ai (n U a CO C 0 c o (o o v 3 ai o d > o > o > m N aD c N N o o E Q U Q w Q m L 2 s U) r Q .L-� c y > co =p > > m C N C C N (n (n N (n (o ` m N .. O to to Y N a) '� >m c L m 'c d 'a) o (>a m m c m o r c r L L m (co 'E > (a w L U r m M d > S Cn S U S 2^ > rL N N N N v v v (n Cf) d M M H H t0 m G M N (D C(7 O r• M M V r• M I� v M 'St _ _N M •O M M M O N O to M N M Cn t0 tD v M_ N CO N O M M_ N (n V' v r O tS C O O O O O O O O C) O O O O O O O O O O O O O Q Q m U Q m Q O Q U U U U E U U m U m m m U Lo Lo m U U m m Q rn t; ) tt) to Ct'> CO (O (D (n to U0 (n t0 ll) CO ([) tD (l) tD (D CD tD co t0 (f) (n Cn Cn (n to /D tD (D O d M M M N N N M M N Cl) M M M M N M M M N N N N N N M M M N N N N N y J J J J J J J J J J J J J J J J J J J J J J J U (� Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q OI M Cl)Lo M M M Cl) v V' v v v (O (l') (n (() M to 1D (O 10 Cn co O co p O to Z C O c N E E O U (L LLJ o ._ m Z J U C O N (6 nU o 00 U) 0 .0 W = W O 3 C f0 _O _C lC L � C � tp N O (D U L v L C N J N O O N Cl) O Z3 U a tl1 m wa J J Q E N O 7 li O Z H t0 V � y Q N w N N a C N O C NI O 0] � O � T N C � O N N _ t v U N 0 Z CITY COUNCIL LETTER Work Session of: October 7, 2013 AGENDA SECTION: WORK SESSION ORIGINATING CITY NO: DEPARTMENT: MANAGER PUBLIC WORKS ITEM: JACKSON POND RECONSTRUCTION: BY: K. Hansen BY: Z A. FUNDING AGREEMENT WITH MWMO IN THE DATE: 10/03/2013 DATE: AMOUNT OF $795,000 B. AUTHORIZATION TO PREPARE PLANS AND SPECS/DESIGN ENGINEER Background: Jackson Pond is located east of Quincy Street between 43rd and 44th Avenues and has served as a retention pond for several decades. The pond itself has experienced repeated flooding(overtopping) during high intensity short duration storm events. In 2008, a detailed feasibility report was accepted by the Council. The report recommended the reconstruction of the pond and turning it into a dry pond with a lift station. The modeling performed at that time would increase the pond capacity to that of a 100-year storm event. The directive by the Council at that time for the project to proceed was to secure an outside funding source. A. MWMO Funding Agreement: The City of Columbia Heights officially became a member of the Mississippi Watershed Management Organization(MWMO) in March of 2012. One of the primary goals of the MWMO is to provide funding to the member communities for stormwater projects that support the organization's water quality goals. As a new member, City staff worked with the MWMO to identify potential projects for funding through the MWMO CIP. The board approved funding for Jackson Pond in 2013 based on the 2008 (original) Feasibility Report in the amount of$500,000 (2012 MWMO action). The MWMO requires a Feasibility Report for any project receiving capital funding. The original Jackson Pond Feasibility Report recommended turning the pond into a dry pond with a lift station. While this was done to improve localized flooding, it did not address water quality. Staff updated the Jackson Pond report in 2013 to incorporate water quality measures, meeting the MWMO goals. The updated cost estimate, with water quality improvements, is now at$795,000. At their regular meeting in September, the MWMO approved additional funding. Attached is the agreement between the MWMO and the City of Columbia Heights for the Jackson Pond improvements in an amount not to exceed$795,000, which would support design, construction and inspection. B. Authorization to Prepare Plans/Design Engineer Staff is anticipating approximately a 5-6 month timeframe from beginning the design to bidding to contract award, and about a 4-5 month timeframe for construction. With funding in place, staff is requesting authorization to proceed to the design phase. Since the project inception, staff has worked with the same project engineer and design engineer,who are now with consulting firm of WSB &Associates. Staff requested a proposal from WSB &Associates for complete design,bidding, and construction management services for the project. WSB provided a proposal of$59,814 Because of their familiarity with the project preparing both engineering reports,their 15-year background in the Columbia Heights with our storm water system, and detailed knowledge of the CITY COUNCIL LETTER Work Session of October 7, 2013 AGENDA SECTION: WORK SESSION ORIGINATING CITY NO: DEPARTMENT: MANAGER PUBLIC WORKS ITEM: JACKSON POND RECONSTRUCTION: BY: K. Hansen BY: A. FUNDING AGREEMENT WITH MWMO IN THE DATE: 10/03/2013 DATE: AMOUNT OF $795,000 B. AUTHORIZATION TO PREPARE PLANS AND SPECS/DESIGN ENGINEER Page Two modeling that will be used in designing Jackson Pond, staff is recommending acceptance of the professional services agreement in the amount of$59,814 from WSB &Associates. This amount represents 7.52% of the estimated project cost, representing a significant value to the project. Recommended Motion A: Move to enter into a funding agreement with the Mississippi Watershed Management Organization(MWMO)for the Jackson Pond improvements for an approved amount not to exceed $795,000; and, furthermore,to authorize the Mayor and City Manager to enter into an agreement for the same. Recommended Motion B: Move to accept a professional services agreement with WSB &Associates for complete design, bidding, and construction management services for the Jackson Pond improvements in the amount of$59,814; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments:MWMO Agreement MWMO Draft Agreement Reimbursement Form COUNCIL ACTION: MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION AGREEMENT Attachment One MWMO Agreement#208-13-01 City of Columbia Heights Document# Project Title: Jackson Pond Reconstruction 1. Project Description and Purpose The City of Columbia Heights constructed Jackson Pond in 1965 as a means to control local flooding. Twenty-six flood-prone homes were removed to install it. Over time,the retaining wall surrounding the pond has almost totally collapsed and flood storage needs have increased. In 2008,the City of Columbia Heights commissioned a feasibility study to identify and analyze options to improve the pond and increase flood storage. The City did not have the financial capacity to make recommended improvements,however. In 2013,the City updated the feasibility study. The recommendations include removing the remaining sections of the retaining wall,re-grading the side slopes,excavating a stilling basin on the north side of the pond,and installing a lift station to provide additional volume control. To improve water quality,the study recommends installing a below-ground iron-enhanced filtration system,which will reduce phosphorus before stormwater runoff is released into the Mississippi River from the 158-acre sub- watershed tributary to Jackson Pond. A snap showing the project location is shown in Exhibit A,attached and made a part of this Agreement. 2. Scope of Work.Description of Tasks [describe the tasks for each category and add others needed] Design and Engineering Excavation of Fill(regulated and unregulated) Be grading Side Slopes Excavate a Stilling Basin on North Side of Pond Lift Station Iron-enhanced filtration system(belowground) MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION CAPITAL PROJECT AGREEMENT MWMO Agreement#208-13-01 City of Columbia Heights Document# Project Title: Jackson Pond Reconstruction Amount: $795.000 (not to exceed) Grantee: City of Columbia Heights Address: 636—38th Ave. NE. Columbia Heights,MN 55421-3835 Contact: Kevin Hansen,City Engineer Phone Number: 763-706-3705 Email Address: kevin.hansen(a_ci.columbia-heights.mn.us THIS AGREEMENT is between the Mississippi Watershed Management Organization(MWMO) and the City of Columbia Heights (Grantee). I. BACKGROUND 1.1 Minnesota Statutes Sections 103B.201 to 103B.252 establish the Metropolitan Area Watershed Management Act and related Water Resources Protection and Management Programs ("the Act"). 1.2 M\XF`MO desires to conduct programs and projects to meet statutory and rule requirements for implementing a comprehensive watershed management plan. 1.3 Grantee is a political subdivision and local government unit of Minnesota. 1.4 Grantee is eligible to obtain MWMO funds to accelerate implementation of MV,`MO's Plan, Goals,and Policies. 1.5 MVIMO has approved Grantee to receive funding to implement a project within MWMO boundaries. II. DUTIES AND CONDITIONS 2.1 MWMO will grant to Grantee up to the maximum of$795,000.00,which funds may be used only for expenses incurred in performing work("Project") specified in Attachment One of this Agreement,which is incorporated by reference,or as approved in writing by M\XIMO staff. All other expenses and costs incurred by Grantee in completing the Project will be the responsibility of Grantee. Administrative costs incurred by Grantee including,but not limited to,compensation and benefits of Grantee staff,are not eligible for reimbursement under this Agreement. 1 2.2 Grantee will act in all respects as an independent contractor under this Agreement. MW`MO will not be an employer,partner,or co-venturer with Grantee for any purpose and will have no responsibility or liability for the acts or omissions of Grantee. Nothing in this Agreement authorizes Grantee to act as an agent or representative of M)X MO for any purpose. 2.3 Prior to commencing the Project, Grantee will obtain written,executed easement agreements from pertinent property owners,if any,impacted by the Project. 2.4 Grantee will submit progress reports to MW'MO every six (6)months on the status of the Project. A final report is due to MWMO within ninety (90) days after completing the Project or the end of the term of this Agreement,whichever occurs first.The final report must be submitted to the MV'MO using the MWMO Report Form. Outstanding reimbursement requests and the correlating financial information must be submitted with the final report in order to receive the final payment under this Agreement. The final report shall include as-built plan sheets for grading,plantings,and stormwater management best management practices. III. PROJECT BUDGET The projected budget for the project is $795,000. MWIMO will reimburse eligible project expenses that do not exceed a combined total of$795,000. The balance of the project funds is Grantee's responsibility. IV. TERMS OF PAYMENT 4.1 M\X`MO will disburse funds to Grantee on a reimbursement basis. Grantee's payment requests must be accompanied by supporting invoices or documentation that relate to activities in the approved Project. Subject to MWMO's approval of the payment request,MV,`MO will disburse the requested amount to Grantee within three (3)weeks after receipt of a written payment request. All work performed under this Agreement will be performed in accordance with all applicable federal, state,and local laws,including any amendments thereto. Grantee will use the proceeds of this Agreement only for the eligible costs of the Project. Grantee agrees that cost overruns are the responsibility of Grantee. 4.2 Reimbursements Grantee should use M)X"MO's Reimbursement Request Form to request reimbursements. A copy of all relevant invoices must be submitted with the Reimbursement Request Form. Expenses incurred on or after the date of this Agreement are eligible for reimbursement. The amount reimbursed shall not exceed $500,000 including any contingencies. Administrative costs incurred by Grantee including,but not limited to,compensation and benefits of Grantee staff, are not eligible for reimbursement under this Agreement. V. TERM OF AGREEMENT This Agreement will be effective when all necessary approvals and signatures have been obtained and will terminate on December 31,2014,or the date when all obligations have been satisfactorily fulfilled by both parties,whichever occurs first. MWMO will not be obligated to reimburse any expenses incurred after the end of the Agreement or to pay any payment requests more than ninety (90) days after the end of the Agreement. VI. CANCELLATION Either party may cancel this Agreement upon thirty(30)days'advance written notice to the other party. Grantee will be entitled to reimbursement of eligible expenses appropriately incurred or obligated in compliance with this Agreement up to the date of termination. 2 VII. ASSIGNMENT Grantee will not assign or transfer any rights or obligations under this Agreement without the prior written consent of M)X'1\10. Grantee may contract with others to complete the Project. However,Grantee will continue to be responsible for performance of its obligations under this Agreement notwithstanding contracts with contractors or subcontractors or an approved assignment to a sub-grantee. VIII. AMENDMENTS Any amendments to this Agreement must be in writing and executed by both parties. Amendments to the Project work plan or budget must be in writing and formally approved by the MWMO Executive Director before the amendments are effective. IX. INDEMNIFICATION Grantee agrees to defend,indemnify,and hold harmless MWMO,its officials,officers,agents,and employees from any liability,claims,counterclaims,causes of action,judgments,damages,losses,costs,or expenses, including reasonable attorney's fees (hereinafter"Claim"),resulting from any act or omission of Grantee,its contractors or subcontractors or any party directly or indirectly employed by them or any party that directly or indirectly benefits from the activities specified in this Agreement,or anyone for whose acts or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of Grantee to perform fully,in any respect,all obligations under this Agreement. Grantee explicitly reserves,and does not waive,all protections,limits,defenses or immunities available under Minnesota Statutes Chapter 466 or any other applicable state or federal law or doctrine. In the event that MWMO learns that a Claim has been made or may be made for which MWMO will seek or is likely to seek defense or indemnification from Grantee or will likely request that Grantee hold MWMO harmless,MWMO agrees promptly to notify Grantee of the Claim and cooperate with Grantee in the defense of the Claim. X. INSURANCE Grantee agrees at all times during the term of this Agreement and beyond,when so required,to have and keep or cause to have and be kept in force,and to cause all contractors and subcontractors to do likewise,the following minimum insurance coverages under either a purchased insurance or self-insurance program: A. Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $1,500,000 Products-Completed Operations Aggregate $1,500,000 Personal and Advertising Injury $1,500,000 Each Occurrence— Combined Bodily Injury and Property Damage $1,500,000 B. Automobile Liability—Combined single limit each $1,500,000 occurrence for bodily injury and property damage covering owned,non-owned,and hired automobiles. C. Workers'Compensation and Employer's Liability: i. Workers' Compensation Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. 3 ii. Employer's Liability.Bodily Injury by: Accident—Each accident $100,000 Disease—Policy Limit $500,000 Disease—Each Employee $100,000 D. Professional Liability(if applicable)—Per Claim $1,000,000 --Aggregate $2,000,000 The required limits for any self—insurance program of the Grantee shall be the lesser of the limits shown above or the liability limits of the Grantee under Minnesota Statutes Chapter 466. Any applicable professional liability insurance must be maintained continuously for a period of two years after the termination of this Agreement.The Grantee will require that any contractors furnish certificates of insurance to the Grantee for the insurance coverages listed above,and provide updated certificates as coverages expire. The Grantee will require that any contractors obtain certificates of insurance from their subcontractors for the insurance coverages listed above, and obtain updated certificates as coverages expire. An umbrella or excess policy over primary liability coverages may be used to provide the required insurance limits. It is the sole responsibility of the Grantee to determine the need for and to procure additional insurance that may be needed in connection with this Agreement. Copies of insurance certificates or statements of self- insurance will be submitted to the M`Y'MO upon written request. XV. ACCOUNTING AND RECORD-KEEPING For all expenditures of funds made pursuant to this Agreement, Grantee will keep financial records,including properly executed contracts,invoices,and other documents that detail the nature and propriety of the expenditures. Accounting methods will be in accordance with generally accepted accounting principles. Grantee agrees that IV1X'MO,the State Auditor,or any of their duly authorized representatives,at any time during normal business hours,and as often as they may reasonably deem necessary, shall have access to and the right to examine,audit,excerpt, copy, and transcribe any books,documents,papers,records,etc.,that are pertinent to the accounting practices and procedures of Grantee and involve transactions relating to this Agreement. These materials shall be maintained and access rights will be in force and effect during the period of this Agreement and for six (6)years after its termination or cancellation. XVI. REAL PROPERTY If real property is acquired or improved with grant funds,MWMO may require the recording of covenants or restrictions on the use,maintenance,and development of the property as M)X`MO deems necessary and appropriate to assure the Project's continuing public benefit. XVII. NONDISCRIMINATION Grantee agrees and will require contractors and subcontractors,material suppliers,and vendors to agree not to discriminate in hiring by reason of race,creed,or color or otherwise violate the provisions of Minnesota Statutes §181.59,which section is incorporated by reference. 4 IN FITNESS WHEREOF,the parties have caused this Agreement to be duly executed intending to be bound thereby. For the City of Columbia Heights/Grantee: By: Its: Date: and By: Its: Date: For the Mississippi Watershed Management Organization/Grantor: By: Its: Chair Date: and By: Its: Treasurer Date: 5 For MWMO use only Form Received: MWMO REIMBURSEMENT O• ORGANIZATION INFORMATION Name of Organization: Legal Name(if different): Address: City,State,Zip: Employer Identification Number: Primary Phone: Secondary Phone: Fax: Contact person regarding this application: Title: Phone: E-mail: PROJECT INFORMATION Project Title: Capital Project/Program ❑ Stewardship Fund Project ❑ REIMBURSEMENT INFORMATION Payment Description Paid to Whom Payment Amount Total Reimbursement Request: ***Receipts must be attached for all payments. AUTHORIZATION Signature: Date: Name: Title: MWMO Reimbursement Form