1f. Approve Cooperative Construction Agreement with MnDOT for Wetland Restoration Construction for Hwy 212 Mitigation.
CITY OF
CHANHASSEN
7700 Market Boulevard
POBox147
Chanhassen, MN 55317
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Web Site
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Lori Haak, Water Resources coordinatorttJ
6~
DATE: October 23,2006
RE: Cooperative Construction Agreement with Minnesota Department
of Transportation for Wetland Restoration Construction, Trunk
Highway 212 Off-Site Wetland Mitigation Area
BACKGROUND
As part of the Trunk Highway 212 (TH 212) project, the Minnesota
Department of Transportation (MnDOT) is impacting 60.57 acres of
jurisdictional wetlands. Of that impact, 29.75 acres is within Chanhassen.
Since wetlands provide water quality, water quantity, wildlife habitat,
vegetative diversity and other benefits, City staff has been working with
MnDOT to mitigate a portion of those impacts within Chanhassen.
The proposed OF-5 wetland mitigation project will result in the creation or
enhancement of over 43.49 acres of wetland in the Bluff Creek corridor.
MnDOT anticipates receiving 8.19 acres of new wetland credit (NWC) and
10.73 acres of public value credit (PVC) as a result of the proposed project.
ANALYSIS
On October 9, the City Council approved a wetland easement over the
proposed wetland mitigation area. In order to construct the wetland mitigation
area, MnDOT and the City must also enter into a Cooperative Construction
Agreement. The agreement places all costs (design, construction and
management) on MnDOT until the wetland credits are accepted by the
Wetland Conservation Act Technical Evaluation Panel. After the credits are
accepted, the City under this agreement would accept responsibility for the
long-term management of the area. Since this restoration was envisioned as
part of the City's 1996 Bluff Creek Watershed Natural Resources
Management Plan, the City anticipated funding the design, construction and
long-term management of the area. Since the proposed agreement would
remove design and construction costs, as well as the first few years of
management (which typically are the most costly), the City stands to gain by
entering into this agreement.
The City 01 Chanhassen . A growing community with clean lakes, Quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play,
Cooperative Construction Agreement for Off-Site Wetland Mitigation
October 23,2006
Page 2 of 2
The agreement does obligate the City to construct a drainageway that will connect an
existing 30" pipe to the existing 60" pipe (Article VI). This work may be done by City
staff. Any additional costs, which are anticipated to be minimal, would be borne by the
Surface Water Management Fund (Fund 720).
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The Chanhassen City Council authorizes the Mayor to sign the Cooperative
Construction Agreement necessary to facilitate the construction of wetland within the
Bluff Creek Preserve property."
ATTACHMENTS
1. Site map
2. Cooperative Construction Agreement
G:\ENG\Lori\Surface Water\TH 212\OF-S Construction Agreement CC.doc
OF-5 Wetland Mitigation
Project Boundary
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Minnesota Department of Transportation
TH 212 Wetland Mitigation
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PRE-LETTING
SERVICES
SECTION
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
COOPERATIVE CONSTRUCTION
AGREEMENT
Mn/DOT
AGREEMENT NO.
90232
S.P. 1000-09 (T.H. 999)
State Funds
The State of Minnesota
Department of Transportation, and
The City of Chanhassen
Re: Wetland restoration construction
by the State in the City of
Chanhassen in the North west
quadrant of LYman Boulevard and
Audubon Road
AMOUNT ENCUMBERED
(None)
ESTIMATED AMOUNT
RECEIVABLE
(None)
THIS AGREEMENT is made and entered into by and between the State of
Minnesota, Department of Transportation, hereinafter referred to as
the "State" and the City of Chanhassen, Minnesota, acting by and
through its City Council, hereinafter referred to as the "City".
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90232
WHEREAS, the State is about to perform wetland mitigation
construction in the City in the northwest quadrant of LYffian Boulevard
and Audubon Road south of Trunk Highway No. 5 in accordance with
State plans, specifications and special provisions designated as
State Project No. 1000-09 (T.H. 999); and
WHEREAS, the City has agreed to construct the drainage structure that
will connect the existing 30" RCP pipe to the existing 60" CMP pipe
as shown on Sheet No. 15 of the construction plans for State Project
No. 1000-09; and
WHEREAS, the City and the Chanhassen School District hold title to
the lands located in Section 22, Township 116 North, Range 23 West,
in Carver County; and
WHEREAS, the State is required pursuant to Minnesota Statutes Section
1038.222 to replace wetlands drained or filled for work done in
connection with road projects; and
WHEREAS, the State currently lacks adequate wetland banking credits
to mitigate the impacts created by the Trunk Highway No. 212 project
in Carver County, therefore the State will reconstruct the existing
wetland and realign Bluff Creek; and
WHEREAS, Minnesota Statutes Section 161.20, Subdivision 5 authorizes
the Commissioner of Transportation to accept on behalf of the State,
gifts, grants, or contributions for purposes pertaining to the
activities of the Department; and
WHEREAS the City and the State are cooperating to undertake this
project which is mutually beneficial to both organizations, and both
organizations have begun an active cooperative partnership which has
already defined goals and started the restoration process for this
project; and
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90232
WHEREAS, both of these organizations possess uniquely different
skills, abilities and resources, which when combined will produce
enhanced restoration capabilities at this site; and
WHEREAS, the State has requested from the City the use of these lands
located in Section 22, Township 116 North, Range 23 West, in Carver
County, for the purpose of creating and maintaining replacement
wetlands and other natural features. The City has agreed to allow
the use of these lands by the State for these purposes and agrees to
assign all replacement wetland credits and creek impact mitigation
under Minnesota Statues Section 1038.222 from this project to the
State.
IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS:
ARTICLE I - PERMIT TO CONSTRUCT
The City authorizes the State and its agents an immediate right of
entry and a Zero Dollar Permit to construct and perform the
activities necessary for the wetland creation and maintenance in
accordance with State Project No. 1000-09. The City will donate the
aforesaid Zero Dollar Permit to construct, for the duration of the
project, and will tender a Letter of "Waiver Of Compensation"
(Donation) to waive of its right to compensation for all Permits,
Drainage Easements, and Conservation Easements referenced herein.
ARTICLE II - CONSTRUCTION PERMITS
The State agrees to obtain any other necessary permits prior to
commencing any work, including any historical, archeological, or
cultural requirements at no cost to the City.
ARTICLE III - REPLACEMENT WETLAND CREDITS
This project is expected to yield approximately 8.0 acres of Type 2
New Wetland Credits (NWC) and approximately 4,000 linear feet of
Bluff Creek realignment. The City agrees to assign all replacement
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90232
wetland credits and creek realignment mitigation to the State
pursuant to Minnesota Statutes Section 103G.222.
ARTICLE IV - CONSTRUCTION BY THE STATE
Section A. Contract Award
The State shall advertise for bids and award a construction contract
to the lowest responsible bidder for State Project No. 1000-09
(T.H. 999) in accordance with State plans, specifications and special
provisions which are on file in the office of the Commissioner of
Transportation at St. Paul, Minnesota, and are incorporated into this
Agreement by reference.
Section B. Direction and Supervision of Construction
The State shall direct and supervise all construction activities
performed under the construction contract, and perform all
construction engineering and inspection functions in connection with
the contract construction. All contract construction shall be
performed in compliance with the approved plans, specifications and
special provisions.
Section C. Plan Changes, Additional Construction, Etc.
The State shall make changes in the plans and contract construction
and enter into any necessary addenda, change orders and supplemental
agreements with the State's contractor that are necessary to cause
the contract construction to be performed and completed in a
satisfactory manner. However, the State's District Engineer at
Roseville or his authorized representative will inform the
appropriate City official of any proposed addenda, change orders and
supplemental agreements to the construction contract.
Section D. Satisfactory Completion of Contract
The State shall perform all other acts and functions necessary to
cause the construction contract to be completed in a satisfactory
manner. Acceptance by the State, following consultation with the
City, of the completed contract construction shall be final, binding,
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90232
and conclusive upon the City as to the satisfactory completion of the
contract construction.
ARTICLE V - INSPECTION BY THE CITY
The contract construction shall be open to inspection by the City. If
the City believes the contract construction has not been properly
performed or that the construction is defective, the City shall
inform the State's District Engineer's authorized representative in
writing of those defects. The State, in consultation with the City,
shall determine whether the State's contractor has satisfactorily
performed the contract construction related to the wetland
construction.
ARTICLE VI - CONSTRUCTION BY THE CITY
The City shall provide for the construction of a drainage way that
will connect the existing 30" RCP pipe to the existing 60" CMP pipe
as approved by the State. This drainage way shall not impact proposed
required water retention or proposed flow patterns within the
wetland. This drainage way shall be in place by October 15, 2007.
ARTICLE VII - GENERAL PROVISIONS
Section A. plan Changes
The City may request changes in the plans related to the wetland
construction. If the State, in conjunction with the City determines
that the requested plan changes are necessary and/or desirable, the
State will cause those plan changes to be made.
Section B. Maintenance by the State and the City
The State and the City agree that the wetland creation and Bluff
Creek Realignment will be started in year 2006.
The State will monitor wetland development in the project area until
a Technical Evaluation Panel determines that the planned conditions
have been met and the wetland and creek realignment are fully
functioning.
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90232
Upon satisfactory completion of the wetland construction and creek
realignment, as indicated through the determination of the Technical
Evaluation Panel, the City will provide proper maintenance of the
wetland areas without cost or expense to the State. Maintenance of
the wetlands shall include the maintenance of all structures,
culverts, spillways, drainage ways or other facilities associated
with this project. The restored vegetative areas will be maintained
in accordance with the State's "Early Maintenance of Native
Grass/Forb Planting" guidance. In addition, maintenance shall be
consistent with Minnesota Statues Section 103.22, as related to
replacement wetlands.
Section C. Drainaae Easements
The City agrees to provide Drainage Easements and perpetual
Conservation Easements, as required by and acceptable to the Board of
Soil and Water Resources (BWSR), for this parcel described above and
as shown in the construction plans for State Project No. 1009-09.
All Conservation Easements shall run with the Title to the Lands
referenced herein.
Section D. Examination of Books, Records, Etc.
As provided by Minnesota Statutes Section 16C.05, subdivision 5, the
books, records, documents, and accounting procedures and practices of
the State and the City relevant to this Agreement are subject to
examination by the State and the City, and either the legislative
auditor or the State auditor as appropriate, for a minimum of six
years from final paYment.
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90232
Section E. Claims
All employees of the State and all other persons employed by the
State in the performance of contract construction and/or construction
engineering covered under this Agreement shall not be considered
employees of the CITY. All claims that arise under the Worker's
Compensation Act of the State of Minnesota on behalf of the employees
while so engaged and all claims made by any third parties as a
consequence of any act or omission on the part of the employees while
so engaged on contract construction and/or construction engineering
covered under this Agreement shall in no way be the obligation or
responsibility of the City.
Section F. Agreement Approval
Before this Agreement becomes binding and effective, it shall receive
approval of the State and the City officers as the law may provide ln
addition to the Commissioner of Transportation or his authorized
representative.
ARTICLE VIII - AUTHORIZED AGENTS
The State's Authorized Agent for the purpose of the administration of
this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements
Engineer, or her successor. Her current address and phone number are
395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155,
(651) 296-0969.
The City's Authorized Agent for the purpose of the administration of
this Agreement is Paul Oehme, City Engineer, or his successor. His
current address and phone number are 7700 Market Boulevard, Post
Office Box 147, Chanhassen, MN 55317, (952) 227-1110.
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90232
IN TESTIMONY WHEREOF the parties have executed this Agreement by their
authorized officers.
CITY OF CHANHASSEN
DEPARTMENT OF TRANSPORTATION
Recommended for approval:
By
By
District Engineer
Title
Approved:
By
State Design Engineer
Date
By
Date
Title
COMMISSIONER OF ADMINISTRATION
As delegated to Materials Management Division
Date
By
Date
OFFICE OF THE ATTORNEY GENERAL
Approved as to form and execution:
By
Date
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