A. Clean Water Fund Grant for Stabilization of Ravine 2: Update0
CITY OF
CHAPIHASSEN
7700 Market Boulevard
U_
i ' - p al
TO: Paul Oehme, Director of Public Works /City Engineer IY', 0
PO Box 147
FROM: Terry Jeffery, Water Resources Coordinator
Chanhassen, MN 55317
0
DATE: January 28, 2013
Administration
SUBJ: Clean Water Fund Grant for Stabilization of Ravine #2: Update
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
BACKGROUND
Phone: 952.227.1180
Fax: 952.227.1190
Bluff Creek is a small watershed that lies almost entirely within the City of Chanhassen
that discharges to the Minnesota River. Bluff Creek has been continuously monitored for
Engineering
flow and precipitation at the Metropolitan Council Watershed Outlet Monitoring Program
Phone: 952.227.1160
(WOMP) station located at the wye intersection of T.H. 101 and Carver County 61 (the
Fax: 952.227.1170
wye) since 1991. In 2003, the station began continuously monitoring temperature and in
2008 turbidity in nephritic turbidity units (NTU) was added. Prior to this, these
Finance
parameters were measured at longer intervals through grab sampling.
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
The Minnesota Department of
Transportation (MN/DOT) has been
monitoring the box culverts under MN
TH 101 for sediment build -up and
potential flooding issues. City staff is
aware that MN/DOT has been removing
sediment from the wye since at least
1999 although it is likely longer as a
presentation given by Beth Nuendorf of
MN/DOT to the Riley Purgatory Bluff
Creek Watershed District in May of 2007 stated that this area had been a problem for
over 20 years at that time. The culverts are frequently 90% blocked or more.
numerous years.
yards of material was hauled away. In 2006, an additional 800 cubic yards of material
was removed.
According to Barb Loida of MN/DOT,
maintenance crews worked four days in
2045 cleaning out the sediment using
two excavators and twelve tandem axle
dump trucks. At this time, 1900 cubic
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Paul Oehme
Clean Water Fund Grant for Stabilization
Of Ravine #2
January 28, 2013
Page 2
The WOMP station data indicated that Bluff Creek has the highest total suspended solid (TSS) load in
tons per acre of watershed of any developed watershed in the Twin Cities metropolitan area. In 2002,
Bluff Creek was placed on the list of impaired waters in need of a Total Maximum Daily Load (TMDL)
study as required of the Minnesota Pollution Control Agency (PCA) under Section 303D of the Federal
Clean Water Act. In 2004, Bluff Creek was also listed for impaired biota due to low fish Index of Biotic
Integrity (1BI).
In 2007, as a collaborative effort between the City of Chanhassen and the Riley- Purgatory-Bluff Creek
Watershed District, the District Engineer did a
survey of ravines, bank failures and escarpments in the
lower valley of Bluff Creek. This survey identified 24
areas with erosive or potentially erosive conditions. Of
these 24 areas, two were considered stable and 11 were
considered severe.
This survey was performed as part of the Bluff Creek
Corridor Feasibility Study. This study recommended
that, among other actions, the area identified as Ravine
#2 be stabilized to minimize the delivery of sediment to
Bluff Creek and the Minnesota River. A map of this
survey is appended to this report as Figure 1.
In 2008, Mr. Jim Sulerud, aware of impending improvements to MN TH 101, approached the City of
Chanhassen and MN/DOT requesting that the erosion in the ravine on property he owned be addressed.
Water is directed to this ravine from two regulated MS4 entities: Chanhassen and MN/DOT. Runoff
from MN TH 101 entered the eastern fork and Mandan Circle entered the more westerly fork.
In 2009, the City of Chanhassen designed and installed a drop structure at Mandan Circle and
directionally drilled a new outlet into the ravine. This improved upon the existing design by taking out
much of the kinetic energy and thereby reducing the scour
force at the outlet. Headcutting was slowed in this area but still
continues. City staff began negotiating with the property
owner at this time so that improvements could be made within
the ravine. Nagell Appraisal and Consulting appraised the
property at the request of City staff. The parcel was appraised
at $83,130.
Concurrent with the negotiations, preliminary design of the
ravine stabilization project was initiated. This project involved
the use of natural revetment techniques based upon those found
in the USDA Natural Resources Conservation Services National Engineering Handbook. In addition to
reshaping the deeply incised channel to a more parabolic shape, the felled trees will be used to stabilize
the sides and slow water flow into and through the channel.
In 2009, MN/DOT performed a mill and overlay on TH 101. At this time, they redirected runoff from the
eastern fork and brought it down the hill to the wye area. They then stabilized the eastern fork. The
stabilization technique they selected resulted in significant tree removal. The land owner felt that this
approach was not in keeping with the surrounding landscape and was reticent to move forward with the
G:\ENG \SWMP PR0JECTS \SWMP12 -22A - Bluff Crk Channel Ravine 2- Mandan Circle\MEMO CC 01282013.doc
Paul Oehme
Clean Water Fund Grant for Stabilization
Of Ravine #2
January 28, 2013
Page 3
remaining ravine at this time. That same year, the City was awarded a grant from the MN Department of
Natural Resources for $10,000 for the purchase of the outlot. Due to logistical issues, the City was unable
to execute the grant. These funds are no longer available.
The following year brought further discussions between the property owner and City staff as well as the
beginning of the Bluff Creek TMDL. On February 17, 2012, Mr. Jim Sulerud accepted the offer from the
City to purchase Outlot A from him for $75,000.
In November of 2012, City staff applied for a Clean Water Fund Grant administered by the Minnesota
Board of Soil and Water Resources. BWSR received 286 applications totaling nearly $68 million for just
over $18 million in grant funding. The City of Chanhassen was of the 48 applications that were approved
for funding. The City of Chanhassen was awarded $155,474 for the stabilization of Ravine #2. The City
is responsible for $75,000. The purchase of the property is an eligible expense as is City staff time. The
following is a list of grant considerations.
• Only costs incurred after the grant is executed may be applied to the City's leveraged amount.
• Expenditures must be approved by Council or their appointee.
• Payments will be made in a 50 -40 -10 schedule. That is:
0 50% after execution of the grant agreement;
0 40% after the first 50% of costs is incurred and the City has provided BWSR with
documentation of the expenditures; and
0 10% after final requirements are met.
• The City will need to extend an inspection and maintenance schedule through the anticipated life
of the project - 20 years. The City will already be inspecting these areas long term for the TMDL
plan.
• Must maintain a website with the project details and progress report.
• Annual reporting to BWSR by February 1.
• Grant period expires December 31, 2015. All funds must be spent by this date; not just
encumbered or invoiced for.
This report is for information purposes only. No action is requested at this time. It is the intention of
staff to bring this item before council at the February 11, 2013 meeting for approval and execution of
grant agreement (see attached) and authorization of the purchase of Outlot A.
Attachments: 1. Bluff Creek Channel Survey Overview Map
2. BWSR Grant Agreement
G: \ENG \SWMP PROJECTS \SWMP12 -22A - Bluff Crk Channel Ravine 2 -Mandan Circle\MEMO_CC_01282013.doc
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Legend & Map Notes
Survey Forties 4W Slope Failures
♦ Photo Locations Sand Deposits
Ravine Erosion Other Survey Features
^/ Stable =_= Old Channel
Minor k Soil Crack Line
Moderate — Creek Notes
^� Severe Head or Under Cut
O Site # Culvert or Pipe
Rip Rap
Storm Sewer
• Manhole
• Combination ctch -basin manhole
■ Catch -basin
Flared- end - section /Apron
AL Outfall
70 ft Topographic Contours,
2005 Creek Center Line, UTM NAD'83 Grid
0
Feet
500 250 0 500 1,000
Meters
200 100 0 200 400
= 0
BARR CM Of
13IM S 3
Figure 1
OVERVIEW MAP
Bluff Creek Channel Survey
RPBCWD
Carver County, MN
STATE OF MINNESOTA
BOARD OF WATER AND SOIL RESOURCES
FY 2013 COMPETITIVE GRANTS PROGRAM
GRANT AGREEMENT
This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board), and City of
Chanhassen, 7700 Market Blvd, PO Box 147, Chanhassen, MN 55317 (Grantee).
Fiscal Agent: City of Chanhassen
�1
Clean Water Assistance �11 �
TOTAL $ 155,474
RECITALS
1. The Laws of Minnesota 2011, 1 Special Session, Chapter 6, Article 2, Section 7; Laws of Minnesota 2012, Chapter 264,
Article 2, Section 3, appropriated Clean Water Fund (CWF) funds to the Board for the FY 2013 Competitive Grants Program.
2. Minnesota Statutes 103B.101, subd. 9 (1), and 103B.3369, authorize the Board to award this grant.
3. The Board has adopted the FY 2013 Clean Water Fund Competitive Grants Policy in Board Resolution 12 -54 to implement this
Program.
4. The Grantee has submitted a BWSR approved work plan for this Program which is incorporated into this agreement by
reference.
5. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the
satisfaction of the State.
6. As a condition of the grant, Grantee agrees to minimize administration costs.
GRANT AGREEMENT
Authorized Representatives
The State's Authorized Representative is David Weirens, BWSR Land & Water Section Manager, 520 Lafayette Road North, Saint
Paul, MN 55155, 651- 297 -3432, or his successor, and has the responsibility to monitor the Grantee's performance and the authority
to accept the services and performance provided under this Grant Agreement.
The Grantee's Authorized Representative is:
Title
T elephone umber
If the Grantee's Authorized Representative changes at any time during this Agreement, the Grantee must immediately notify the
State.
Term of Grant Agreement
1.1 Effective date: January 1, 2013, or the date the State obtains all required signatures under Minn. Stat. § 1613.98, Subd.5,
whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed
and the Grantee has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: December 31, 2015, or until all obligations have been satisfactorily fulfilled, whichever comes first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this Agreement: 7. Liability; 8. State
Audits; 9. Government Data Practices; 11. Governing Law, Jurisdiction, and Venue.
2 Grantee's Duties
The Grantee is responsible for the specific duties for the Program as follows:
2.1 Implementation: The Grantee will implement the work plan, which is incorporated into this Agreement by reference.
2.2 Reporting: All data and information provided in a Grantee's report shall be considered public.
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2.2.1 The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of
program implementation by the Grantee. Information provided must conform to the requirements and formats set
by the Board.
2.2.2 Display on its website the previous calendar year's detailed information on the expenditure of these State grant
funds and measurable outcomes as a result of the expenditure of these State grant funds according to the format
specified by the BWSR, by March 15 of each year.
2.2.3 The Grantee will submit a final progress report to the Board by February 1, 2016 or within 30 days of completion
of the Project, whichever occurs sooner. Information provided must conform to the requirements and formats set
by the Board.
2.3 Match: Ensure any local match requirement will be provided as stated in Grantee's approved work plan.
3 Time
The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant
Agreement, time is of the essence.
4 Terms of Payment
4.1 Grant funds will -be distributed in three installments: 1) The first payment of 50% will be distributed after the execution of
the Grant Agreement. 2) The second payment of 40% will be distributed after the first 50% has been expended and
reporting requirements have been met. Selected grantees will be required at this point to submit an interim itemized
financial report and documentation of the expenditures reported there. 3) The third payment of 10% will be distributed
after final requirements are met, including the submission of a final itemized financial report.
4.2 Any grant funds remaining unspent after the end of the expiration date stated above or after all obligations have been met
will be returned to the Board within 30 days of that date.
4.3 The obligation of the State under this Grant Agreement will not exceed the amount stated above.
4.4 This grant includes an advance payment of 50 percent of the grant's total amount. Advance payments allow the grantee to
have adequate operating capital for start-up costs, ensure their financial commitment to landowners and contractors, and to
better schedule work into the future.
5 Conditions of Payment
All services provided by the Grantee under this Grant Agreement must be performed to the State's satisfaction, as set forth in this
Agreement and in the BWSR approved work plan for this program. Compliance will be determined at the sole discretion of the
State's Authorized Representative and in accordance with all applicable federal, state, and local laws, policies, ordinances, rules,
FY 2013 Clean Water Fund Competitive Grants Policy, and regulations. The Grantee will not receive payment for work found by
the State to be unsatisfactory or performed in violation of federal, State, or local law.
The Minnesota Department of Administration's Office of Grants Management Policy On Grant Closeout Evaluation (Policy 08 —
13) requires the Board to consider a grant applicant's past performance before awarding subsequent grants to them. The Board
must consider a grant applicant's performance on prior grants before making a new grant award of over $5,000. The Board may
withhold payment on this and grants from other programs if the Grantee is not in compliance with all Board reporting
requirements.
6 Assignment, Amendments, and Waiver
6.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the
prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who
executed and approved this Grant Agreement, or their successors in office.
6.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original Grant Agreement, or their successors
in office. Amendments must be executed prior to the expiration of the original agreement or any amendments thereto.
6.3 Waiver. If the State fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its
right to enforce it.
7 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action,
including attorney's fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the
Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's
failure to fulfill its obligations under this Grant Agreement.
8 State Audits
Under Minn. Stat. § 16B.98, subd. 8, the Grantee's books, records, documents, and accounting procedures and practices of the
Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the State and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt and
Page 2 of 4
approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is
later.
8.1 The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of
government and contractors relevant to this grant, may be examined at any time by the Board or Board's designee and are
subject,to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and
expenditure of grant funds.
8.2 The Grantee or designated local unit of government implementing this Agreement will provide for an audit that meets the
standards of the Office of State Auditor. The audit must cover the duration of the Agreement Period and be performed
within one year after the end of the Agreement Period or when routinely audited, whichever occurs first. Copies of the
audit report must be provided to the Board if requested.
9 Government Data Practices
The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all
data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained,
or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the
data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in
this Clause, the Grantee must immediately notify the State.
10 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers' compensation insurance
coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the
Minnesota Workers Compensation Act on behalf of these employees and any claims made by any third party as a consequence of
any act or omission on the part of these employees are in no way the State's obligation or responsibility.
11 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice -of -law provisions, governs this Grant Agreement. Venue for all legal proceedings out
of this Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County,
Minnesota.
12 Termination
12.1 The State may cancel this Grant Agreement at any time, with or without cause, upon 30 days' written notice to the Grantee.
Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily
performed.
12.2 In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines that
the appropriation unconstitutionally substitutes for a traditional source of funding.
13 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number,
federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal
and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used
in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay
delinquent state tax liabilities, if any.
14 Prevailing Wage
It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which State prevailing
wage laws apply (Minn. Stat. 177.42 — 177.44). All laborers and mechanics employed by grant recipients and subcontractors
funded in whole or in part with these State funds shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality.
15 Constitutional Compliance
It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding use of Clean Water
Funds to supplement traditional sources of funding.
16 Signage
It is the responsibility of the Grantee to comply with requirements for project signage, as provided in Laws of Minnesota 2009,
Chapter 172, Article 5, Section 10, for Clean Water Fund projects.
17 Intellectual Property Rights
The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets,
trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions,
improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs,
Page 3 of 4
negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by
the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant.
Works includes "Documents." Documents are the originals of any databases, computer programs, reports, notes, studies,
photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or
electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this grant. The
Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the
Grantee upon completion or cancellation of this grant at the State's request. To the extent possible, those Works eligible for
copyright protection under the United States Copyright Act will be deemed to be "works made for hire." The Grantee assigns all
right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State,
execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and
Documents.
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby.
APPROVED:
City of Chanhassen
BY:
TITLE
DATE:
H:13CGPG
Board of Water and Soil Resources
M
TITLE: Land & Water Section Manager
DATE:
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