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HomeMy WebLinkAboutContract No. 2013 2537 MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION CAPITAL PROJECT AGREEMENT 40 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: 637—38th Ave. NE, Columbia Heights,MN 55421-3835 Contact: Kevin Hansen, City Engineer Phone Number: 763-706-3705 Email Address: kevin.hansen(@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 MWMO 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 MWMO's Plan, Goals,and Policies. 1.5 MWMO 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 MWMO 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. MW1\1O 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 MWMO 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 MW Iv1O 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 MW'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. MW/MO 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 MWIV1O 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 h1W1\4O's approval of the payment request,MW1\40 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 MWMO'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. MW'MO 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 MV MO. 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 MV/MO Executive Director before the amendments are effective. IX. INDEMNIFICATION Grantee agrees to defend,indemnify,and hold harmless MW MC),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 NM`MO 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 MWMO 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 MW`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,MW'MO may require the recording of covenants or restrictions on the use,maintenance,and development of the property as MWMO 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 WITNESS WHEREOF,the parties have caused this Agreement to be duly executed intending to be bound thereby. For the City of Columbia Heights/Grantee: By: v Its: Mayo Date: L and By: r Its: City Manager Date: For the Mississippi Watershed Management Organization/Grantor: By: '^\C Its: Chair Date: and / 7 By: Its: Treasurer Date: 2:3 C0C,4t4-,a-v1 40-3 5 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 map showing the project location is shown in Exhibit A,attached and made a part of this Agreement. 2. Scope of Work,Description of Tasks • De ign, Engineering and Construction Management • Site Prep—Removals, temporary bypass, and dewatering Excavation of Fill(regulated and unregulated) ■ Site g ading:/ Excavation and construction of a Stilling Basin on North Side of Pond Storm Sewer Piping and manholes • Furnish and install Lift Station • Construct Iron-enhanced filtration gstena (in pond) • Restoration and appurtenances 3. Schedule of Work Description of work Estimated Completion Pre-construction design and construction drawings October,2013—January, 2014 Bidding and Contract Award February-March,2014 Site Removals, temp bypass and dewaterin May—Au st,2014 Excavation to remove regulated fill May—August,2014 Excavation to remove unregulated fill May—August,2014 Construct Stilling Basin Ma —August,2014 Re-grading Slopes May—August,2014 Installation of Lift Station May—August,2014 Installation of Iron-enhanced Filtration System May—August,2014 Restoration September,2014 ackson Pond Pro ect Grand Re-o enin Celebration October 2014 4. Deliverables Final Report to MWIMO Pursuant to Article II, Section 2.4 of this Agreement., a final report is due to NM MO within 90 days after the City completes the Project or the end of the term of the Agreement,whichever occurs first. The Final Report shall include as-built plan sheets for grading,plantings, and stormwater best management practices. 5. Project Budget Reconstruction of •n Pond Estimated Cost Mobilization $20,000 Site Removals,temp bypass and dewatering $45,000 SWPPP—erosion control $ 25,000 Excavation: $ Regulated $88,400 Unregulated $ 102,000 Piping and Manholes $70,500 Site Restoration $20,000 Iron Enhanced Filtration System—in Pond $174,100 Lift,Station Lift Station $200,000 Desi gn and F.n ineerin Consultant $79,500 Constrmrfion Cost Estimated Construction Cost $725,000 10% Construction Contingency $ 72,500 Total Estimated Cost of ackson Pond System Components $874,500 Bpi 'r i C-1 (5 feet) Northing:4988311 4 Eastin :480234 r I ;1► C-2 (5 feet) Northing:4988254 � Fasting:480246 i t' } C-3 (5 feet) R �. Northing:4988 189 + t :480262 0. Legend lM t Sediment Core u1 e} (Coordinates:UTM Zone 15) f MaP Reference: U.S.Geological Survey and Digital Aerial Solutions,LLC:USGS High Resolution AMERICAN O thoimagery,Minneapolis-St.Paul, Site Map for Jackson Pond Minnesota,Spring 2012 ENGINEERING N Jackson-Labelle Pond Sampling City of Columbia Heights TESTING,INC East of Quincy St, between 43rd Ave and 44th Ave 0 A6, ,00 Columbia Heights, Minnesota Feet Date:04/08/2013 AET Project No.03-04633 File:CH_Fig2_Jackson_SM.mxd Date:04/08/2013 Protect it.Pass It on. nip H n MISSISSIPPI WATERSHED October 24, 2013 acs 5 2011 MANAGEMENT �C ORGANIZATION PUBLIC WORKS 2522 Marshall Street NE Kevin Hansen Minneapolis,Minnesota 55418 City of Columbia Heights Public Works Director/City Engineer (612)465-8780 637-38 h Ave. NE (612)465-8785 fax Columbia Heights, MN 55421 www.mwmo.org Re: Capital Project Agreement for Jackson Pond Reconstruction Dear Mr. Hansen: I have enclosed a fully executed original Capital Project Agreement between the Mississippi Watershed Management Organization and the City of Columbia Heights. I look forward to collaborating with you on this project. Please contact me if you have questions about the reimbursement process or the Agreement Sincerely, Mississippi Watershed Management Organization Lorrie Stromme,Program Coordinator lstromme&rnwmo.org or 612-465-8780, ext. 210 Enclosure