D-4. Approve Grant Agreement with the Minnesota Department of Public Safety; Approve Consultant Contract with Barr Engineering; Cost Share Agreement with Gaye Guyton0
CITY OF
CNANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
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
Website
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Paul Oehme, PE, Director of Public Works/City Engineer
FROM: Alyson Fauske, PE, Assistant City Engineer
DATE: June 13, 2016
SUBJ: Approve the following for 10083 Great Plains Slope Stabilization:
1. Grant Agreement No. A-HMGP-DR4182-CHANHASCI-008 with the
Minnesota Department of Public Safety.
2. Cost Share Agreement with Gaye Guyton.
3. Engineering Services Contract with Barr Engineering.
PROPOSED MOTION:
"The City Council adopts a resolution Approving Grant Agreement Number
A-HMGP-DR4182-CHANHASCI-008 with the Minnesota Department of Public
Safety, approves the Cost Share Agreement with Gaye Guyton, and approves the
$59,930 engineering services contract with Barr Engineering. The property owner
shall reimburse the City 100% of the City cost share for construction and pay 100%
of the engineer service contract."
City Council approval requires a simple majority vote of the City Council present.
BACKGROUND
On June 19, 2014, the city received five
inches of rain over about a six -hour period.
Prior to this event the spring of 2014 was
one of the rainiest on record. The property
owner, Gaye Guyton, notified the city about
a slope failure on her property on June 23,
2014. The city placed sandbags on the
property to try to divert surface water from
the driveway and portions of the yard away
from the slope failure area. Roof
downspouts were also redirected away from
the slope failure area.
The property is situated on a ravine to the
south and east of the house. The landslide
scarp occurred on the east side of the house.
The failure is about 60 feet long by 20 feet
wide. The top of the bank of the bluff is
now about 30 feet from the house foundation
Chanhassen is a Community for Life - Providing for Todayand Planning for Tomorrow
Paul Oehme
Approve Agreements and Engineering Contract
June 13, 2016
Page 2
after the slope failure. The soils in the area are loamy soils
and highly erodible. The ravine is approximately 75 feet deep
at this location. The slope failure area is now nearly a 1:1
slope. On a subsequent visit, the slope failure area appeared
to still be moving. The slope failure area was likely caused by
rain and runoff from the property and surrounding area,
saturating the ground and undermining the slope. The ravine
on the east side of the property has approximately 7 acres of
watershed consisting of pasture, golf course and lawn. The
property is all privately owned. The drainage area for the
watershed is channeled to a low point culvert under the
property owner's driveway. Runoff from the roof, driveway
and yard contributed to saturating the soils.
The property owner hired Barr Engineering who identified
several options to correct the landslide scarp. The owner has
also looked into moving the house. Based on the Barr
Engineering report, the house is at risk if the landscape scarp
is not corrected in the near future. Barr's preliminary cost
estimate for correcting the slope is $288,000. The work to be
completed includes restoring the slope and installing storm sewer.
house
<%.andslide sc
landslide
Stable slope at —1.5H to 1.6HAV
Unstable slope at "
/ 1.2 5 H :1 V ----
"'S0�-60'
—40-45' I
prior to »50'-55' ^'60'
failure after failure
_. Ravine drop-off 10'-15'
Re -deposited soil from landslide Immediately downstream
Grant Agreement with the Minnesota Department of Public Safetv
On May 26, 2015 the city requested FEMA mitigation funds to fix the slope failure because
FEMA requires a local governmental agency as a sponsor. Authorized under Section 404 of the
Stafford Act, the Hazard Mitigation Grant Program (HMGP) is funded by the Federal
Emergency Management Agency (FEMA) to provide grants to state and local governments to
implement long-term mitigation measures after a major disaster declaration. The purpose of the
Paul Oehme
Approve Agreements and Engineering Contract
June 13, 2016
Page 3
program is to reduce loss of life and property resulting from natural disasters and to enable
mitigation measures to be implemented during the recovery from a disaster.
The HMGP is administered by the Minnesota Department of Public Safety's Homeland Security
and Emergency Management Division. Under the grant agreement with the state, 75% of the
mitigation cost will be paid by FEMA and the remaining 25% of the costs are the city's
responsibility.
Cost Share Agreement with Gave Guvton
The slope stabilization will take place on private property and the storm sewer will not convey
drainage from a public right of way. The property owner has agreed to reimburse the city the
25% cost share required by the Minnesota Department of Public Safety Grant Agreement;
therefore, no city funds would be used for the mitigation project. Staff time spent on this
project on or after March 18, 2016 is reimbursable.
The Cost Share Agreement was drafted by the City Attorney's office and has been reviewed by
the property owner.
Engineering Services Contract with Barr Engineering
On April 25, 2016 staff requested proposals for engineering services from five firms: American
Engineering and Testing, Barr Engineering, Braun Intertec, SEH Inc., and TKDA. Barr
Engineering submitted a proposal for $59,930, which is $3,070 less than the amount budgeted.
Barr Engineering has extensive experience with this type of project. The property owner will
pay 100% of the engineering service contract.
ATTACHMENTS
1. Resolution.
2. Grant Agreement with MN Department of Public Safety.
3. Cost Share Agreement with Gaye Guyton.
g:\eng\public\pwl 16d 2014 storm event\10083 great plains\staff reports\20160613 approve fema agmt guyton agmt and barr contract.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: June 13.2016 RESOLUTION NO: 2016 -XX
MOTION BY: . SECONDED BY:
A RESOLUTION AUTHORIZING STAFF TO ENTER INTO A GRANT AGREEMENT FROM
THE MN DEPARTMENT OF PUBLIC SAFETY; APPROVING A COST -SHARE AGREEMENT
WITH GAYE GUYTON; AND APPROVING A CONSULTANT CONTRACT WITH BARR
ENGINEERING FOR THE SLOPE STABILIZATION PROJECT AT
10083 GREAT PLAINS BOULEVARD — PW116D1
WHEREAS, on June 19, 2014, the city received five inches of rain in a six -hour period; and
WHEREAS, a slope failure occurred at the property at 10083 Great Plains Boulevard as a result
of the June 19, 2014 rain event; and
WHEREAS, on March 18, 2016 FEMA approved funding through its Hazard Mitigation Grant
Program to fix the slope failure in order to reduce loss of life and property and to enable mitigation
measures to be implemented during the recovery from a disaster; and
WHEREAS, the Homeland Security and Emergency Management Division of the Minnesota
Department of Public Safety administers the FEMA grant; and
WHEREAS, the grant requires the city pay for 25% of the project cost; and
WHEREAS, the owner of the property located at 10083 Great Plains Boulevard agrees to
reimburse the city for the city portion of the project cost; and
project.
WHEREAS, Barr Engineering has submitted a proposal for engineering services related to the
NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council as follows:
1. The City of Chanhassen shall enter into a grant agreement with the Homeland Security and
Emergency Management Division of the Minnesota Department of Public Safety for the
program entitled Hazard Mitigation.
2. Approves entering into a Cost -Share Agreement in the amount of $82,800 with Gaye Guyton for
slope stabilization work to be performed at 10083 Great Plains Boulevard.
3. Approves a consultant contract with Barr Engineering in the amount of $59,930 for engineering
services related to the project.
Passed and adopted by the Chanhassen City Council this 131 day of June, 2016.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
Grant Agreement
Minnesota Department of Public Safety ("State")
Homeland Security and Emergency Management Division
445 Minnesota Street, Suite 223
St. Paul, Minnesota 55101
Grantee:
City of Chanhassen
7700 Market Boulevard; PO Box 147
Chanhassen, Minnesota 55317
Grantee's Authorized Representative:
Paul Oehme, Director Public Works/City Eng.
7700 Market Boulevard; PO Box 147
Chanhassen, Minnesota 55317
Phone: 952-227-1169
e-mail: poehme@ci.chanhassen.mn.us
State's Authorized Representative:
Jennifer E. Nelson, State Hazard Mitigation Officer
Homeland Security and Emergency Management
445 Minnesota St., Suite 223
St. Paul, Minnesota 55101
Phone: 651-201-7427
Jennifer.e.nelson@state.mn.us
Page 1 of 2
Grant Program: Hazard Mitigation DR4182
Grant Agreement No.: A-HMGP-DR4182-
CHANHASCI-008
Grant Agreement Term:
Effective Date: 3/18/2016
Expiration Date: 3/17/2019
Grant Agreement Amount:
Original Agreement $216,000.00
Matching Requirement $72,000.00
Federal Funding: CFDA 97.039
State Funding: none
Special Conditions: None
Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement.
Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn.
Stat. § 1613.98, subd. 7, whichever is later. Once this grant agreement is fully executed, the Grantee may claim
reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement.
Reimbursements will only be made for those expenditures made according to the terms of this grant agreement.
Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
The Grantee, who is not a state employee will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved Hazard
Mitigation DR -4182 Application ("Application") which is incorporated by reference into this grant agreement and
on file with the State at Homeland Security and Emergency Management Division, 445 Minnesota Street, Suite
223, St. Paul, Minnesota 55101. The Grantee shall also comply with all requirements referenced in the Hazard
Mitigation DR -4182 Guidelines and Application which includes the Terms and Conditions and Grant Program
Guidelines(llttps://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant agreement.
Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A, which is attached
and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines,
the Grantee will submit a written change request for any substitution of budget items or any deviation and in
accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the
Grantee.
Matching Requirements: (If applicable.) As stated in the Grantee's Application, the Grantee certifies that the
matching requirement will be met by the Grantee.
Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the
Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will
DPS Grant Agreement non -state (04/14)
Grant Agreement Page 2 of 2
not be made if the Grantee has not satisfied reporting requirements.
Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must
complete and return the Certification Regarding Lobbying form provided by the State to the Grantee.
1. ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minn. Stat. §§ 16A.15 and 16C.05.
Signed:
Date:
Grant Agreement No..: A-HMGP-DR4l82-CHANHASCI-008
PO# 3000039940
2. GRANTEE
The Grantee certifies that the appropriate persons)
have executed the grant agreement on behalf of the Grantee
as required by applicable articles, bylaws, resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
DPS Grant Agreement non -state (04/14)
3. STATE AGENCY
By:
(with delegated authority)
Title:
Date:
Distribution: DPS/FAS
Grantee
State's Authorized Representative
[Space Reserved for Recording Data]
COST SHARE AGREEMENT
AGREEMENT made this 13th day of June, 2016, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and GAYE L. GUYTON (the
"Property Owner").
RECITALS
A. Property Owner is the owner of property legally described as:
Lot 2, Block 1, Buresh Addition, Carver County, Minnesota,
having a street address of 10083 Great Plains Boulevard, Chanhassen, Minnesota (the
"Subject Property").
B. The City intends to proceed with a slope stabilization project ("Project") on the
Subject Property ("Project") in conjunction with Minnesota Department of Public Safety
Grant Agreement No. A-HMGP-DR4182-CHANHASCI-008 a.k.a. FEMA -4182 -DR -MN
which is attached hereto as Exhibit "A" and which is incorporated herein.
C. The cost share guidelines set forth in Exhibit A require that the City fund
twenty five percent (25%) of the project cost ("City Cost").
D. At the June 13th, 2016 City Council meeting the Chanhassen City Council
awarded Barr Engineering (the "Engineer") the consultant contract for the proposed work.
1
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. PROJECT. The Property Owner authorizes construction of the Project on the
Subject Property. The City will coordinate the Project on the Subject Property and have the
project constructed on the Subject Property, if the necessary funding is received by the City.
2. RESPONSIBILITY OF COST. The Property Owner shall reimburse the City
one hundred percent (100%) of the City Cost to construct the project. The City may draw on
the financial security provided by the Property Owner to reimburse the city. If the financial
security is inadequate, upon demand by the City and Property owner will pay the City the
balance of the City's costs.
3. FINANCIAL SECURITY. The Property Owner shall supply an $82,800
financial security in favor of the City. This amount is equal to 115% of the estimated City
Cost included in Exhibit A. If the bid amount of the Project exceeds $288,000 the property
owner shall supply additional security such that the security equals 115% of the City Cost of
the bid amount. Upon completion of the Project and the Engineer has determined that the
slope has been adequately stabilized any remaining security will be released. Upon release
the Property Owner assumes all financial obligations associated with the slope stabilization.
4. BINDING EFFECT; RECORDING. This Agreement shall be binding upon
the Property Owner and the Property Owner's successors and assigns. This Agreement
may be recorded against the title to the Subject Property.
PROPERTY OWNER:
Gaye L. Guyton
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2016, by Gaye L. Guyton, a single person, the above-named
Property Owner.
Notary Public
K
CITY OF CHANHASSEN
M.
AND
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of
'2016, by Denny Laufenburger and by Todd Gerhardt, respectively
the Mayor and City Manager of the City of Chanhassen, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
[RNK]
EXHIBIT "A"
Grant AFteement -- Pap 1 of
j Minnesota Department of Purine Safety ("State')
j homeland Security and Emergency Management Division
s 445 :Minnesota Street, Suite 223
j St. Paul, Minnesota 55101
Grantee:
City of Chanhassen
7700 Market Boulevard; PO Box 147
Chanhassen, Minnesota 55317
Grantee's Authorized Representative:
Paul Oehme, Director Public Works/City ag.
7700 Market Boulevard; PO Box 147
Chanhassen, Minnesota 55317
Phone: 952-227-1169
e-rnail: poehme@eLchanhasaen.mn.us
State's Authorized Representative:
Jennifer F. Nclson, State liazard Mitigation Officer
tlumcland Security and Emergency .Management
445 Minnesota St., Suite 223
St. Paul, Minnesota 55101
Phone: 651-201-7427
JenniRTe nelson(a3ststc.mn.us
Grant Program: Hazard Mitigation DR 4182
Grant Agreement No.: A-HMUP-DR4182-
CHANHASCI-008
Grant Agreement Term:
Effective batt: 3/182016
Expiration Date: 311712019
Grant Agreement Amount:
Original Agmernent
$216,000.00
Matching, Requirement
572,000.00
Federal Funding: CFDA 97.039
State Funding: none
Special Conditions: Now
IJndcr Minn. Stat. § 299A.01. Subd 2 (4) the State is empowered to enter into this grant agreerttent.
Term. l':ffcotive date is the date shown above or the date the State obtains all required signatures under Minn.
Stat. § 16B.98, subd. 7, whichever is later. Once this grant agreement is fully executed, the Grantee may claim
reimbursement for expenditures incurred pursuant to the Paymcnt clause of this grant agrcerrxrnt.
Reimbursements will only be made for those expenditures nude according to the terms of this grant agreement.
Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
The Grantee, who is not a state employee will:
Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved hazard
Mitigation DR -4182 Application ('"Application'? which is incorporated by reference into this grunt agreement and
on file with the State at Homeland Security and Emergency Management Division, 445 Mitutrsota Street, Suite
223, St. Paul, Minnesota 55101. The Grantee shall al%o comply with all requirements rcfuencod in the I lazard
Mitigation DR -4192 Guidelines sod Application which includes the Terms and Conditions and Grant Program
Guidelines Qttty .:i,t% dtxj L yt.g.4v/' alts), which are incorporated by reference into this grant agreement.
Budget Revisions: The breakdmm of costs of the Grantee's Budget is contained in Exhibit A, which is attached
and incorporated into this grant agreement. As slated in the Grantee's Application and Grua Program Guidelines,
the Grantee will subunit a written change request for any substitution of budget items or any deviation and in
accordance with the Grant Program Guidelines Requests must be approved prior to any expenditure by the
Grantee.
,hatching Requlrememo. (If applicable.) As stated in the Grantee's Application, the Grantee certifies that the
matching requirement wi;l he and by the Orantee.
Pavmenf: As stated in the ( irantcc's Application and Grant Program Guidance, the State will promptly pay the
Grantor after the Grantee presents an invoice for the services actually performed and the State's Authorized
Representative accepts the invoiced services and in accordance with the (;rant Program Guidelines. Payment will
DPS ('mit Ap vmcnt non-atatc ((K%U)
Grant Agrecinent Page 2 of 2
1
not be Dtadc ii the Grantee has not satisfied reporting reyuiremcnss
Cerdfrcadnn Regarding Lobb)ing: (if applicable,) Grantees receiving federal tunds over $100,000.00 must
complete and rctum the Certificatiun Regarding Lobbying fomt ptovided by the State to the Grantee.
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