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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. 1. VNCUHBRANCE VtMVLCA'I'10.N :nnlrw..il cert,f�tr bar fumil iw.r fvva mW.J.—j- r<.pto,d by Arure Swt. ff IA.I P wl.f 16C M. Date: Gmut Atpeemmt Nu..: A -N. (' -) 4l 21'HANH Pt M 30000399.10 2. (RAN IXE /A< (Nahl ae 11flrl Ywl tA. a/yvey�/wr<peraaw(,f Amt rarcxlyd lAr Kron: ✓Krvraww: rw Mwlf of plr Ciral:n or re4i,, Jf.✓lyWi,able arrl<les. bji,.rt. ftmlhdrhgr ar wdawwlo. R�- Titic: Date: I ittc Uuc UPS Grant Agreement win PUle M-14) �. cr ATI: A4t5NCY F� l'.. ill, Jciccatedauthority) Date: — - — — E NwOmwn: DPS.'rAS titmw Suit's AurhMrod Reprtimuti.c G Grant Agreement Page 1 of 2 Minnesota Department of Public Safety ("State") Grant Program: Hazard Mitigation DR4182 Homeland Security and Emergency Management Division 445 Minnesota Street, Suite 223 Grant Agreement No.: A- HMGP- DR4182- St. Paul, Minnesota 55101 CHANHASCI -008 Grantee: Grant Agreement Term: City of Chanhassen Effective Date: 3/18/2016 7700 Market Boulevard PO Box 147 Emiratlon Date: 3/1_7/2019 Chanhassen, Minnesota 55317 Grantee's Authorized Representative: Grant Agreement Amount: Paul Oehme, Director Public Works /City Eng. Original Agreement $216,000.00 7700 Market Boulevard; PO Box 147 Matching Requirement 572,000.00 Chanhassen, Minnesota 55317 Phone: 952- 227 -1169 e -mail: poehme@ci.chanhassen.rrm.us State's Authorized Representative: Federal Funding: CFDA 97.039 Jennifer E. Nelson, State Hazard Mitigation Officer State Funding: none Homeland Security and Emergency Management Special Conditions: None 445 Minnesota St., Suite 223 St. Paul, Minnesota 55101 Phone: 651- 201 -7427 Jennifer.emelson@state.mit.us 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. Star. § 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's 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 sball 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 (htti)s;//app.dps.mn.gov/EGrants), which arc 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 Greet Agreemen( 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 3. STATER ENCY I 1111 111111 Indlv7duc u ! e n encvm ers as -- required byUhm Stal. §§ 1 .l3 and 16C.O5 . By: " 1 1111 (with delegated, .rlrti�Je GAR Signed: Title: / t�. fle"Zi Date: Ln Date: p — I,I —/--(=> Grant Agreetnent No. .: A-IIMGP- T)R41R2- CiIANITASCI -OOfi PO# 3000039940 I. GRANTEE The Grantee certifier that the appropriate person(s) have azeculed the grant agreement on behalf ofthe Grantee at required ppllcable artlrler, h �ws, rerolutlons, or ordinances By: _ / I- ---- -- Title: /' /1110 Date: G /� By: Title:_ Date: (D DPS Grant Agreement non -state (04/14) Distribution: DPS/FAS Grantee State's Authorized Representative N Organization: Chanhassen, City of Hazard Mitigation DR -4182 Budget Summary (Report) Budget Budget Category Award Match Project Management Construction Administration $13,500.00 $4,500.00 Total $13,500.00 $4,500.00 Consultant/Contractor Fees Construction $168,750.00 $56,250.00 Total $168,750.00 $56,250.00 Architectural /Engineering Fees Project design (engineering) $33,750.00 $11,250.00 Total $33,750.00 $11,250.00 Total $216,000.00 $72,000.00 Allocation $216,000.00 $72,000.00 Balance F $0.00 $0.00 06/20/2016 EXHIBIT A A- HMGP- DR4182- CHANHASCI -008 Page 1 of 1 resourceful. naturally. BARR engineering and environmental consultants June 22, 2016 Paul Oehme, P.E. Public Works Director /City Engineer City of Chanhassen 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 Re: Agreement for City Project No. PW116d: 10083 Great Plains Boulevard, FEMA Project #4182.12 -R Dear Mr. Oehme: Thank you for retaining us. We will do our best tojustify your expression of confidence in us. This letter, together with our Standard Terms (attached) sets forth the Agreement between The City of Chanhassen, MN (Client) and Barr Engineering Co. (Barr) regarding the stabilization and restoration of the ravine landslide area that threatens the home at 10083 Great Plains Boulevard. The scope of professional consulting services we will provide is described in Barr's proposal for Slope Stabilization Project - -- City Project PW116d: 10083 Great Plains Boulevard FEMA Project #4182.12 -R dated May 19, 2016 (Barns Proposal). Barr's Proposal is attached hereto. This Agreement will be effective for the duration of the services unless earlier terminated by either you or us. Due to project timing, and as approved by you, we have begun our initial work on the project ahead of formal signing of this document. The estimated schedule for the services is to prepare construction contract documents and complete a bid opening for construction to begin in September 2016 with the hope for substantial construction completion by October 31, 2016. We will inform you of our progress by e -mail or telephone call approximately every two weeks and more frequently if needed. For the services provided, you will pay us according to the attached Standard Terms. We will bill you approximately every 4 weeks. The cost of the scope of services described in Barr's Proposal will not exceed $59,930 (USD /CAD) without prior approval by you. This price, however, does not include the cost Barr has incurred to prepare Right of Access agreements for 4 neighboring parties to sign, which were necessary for Barr to access the site to perform surveying, hand auguring and other site reconnaissance services. We understand you have the authority to direct us. We will direct communications to you or your designate at City of Chanhassen, 7700 Market Blvd, PO Box 147, Chanhassen, MN 55317. Direction should be provided to me at Barr Engineering Co., 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435. Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com Paul Oehme, P.E. June 22, 2016 During the term of this Agreement, Barr agrees to maintain with a company or companies lawfully authorized to do business in thejurisdiction in which the project is located, the type of insurance and policy limits as set forth below (USD): Workers' Compensation and Employers' Liability 1. Coverage A: Per State Statute 2. Coverage B: $500,000 Each Accident $500,000 Disease — Policy Limit $500,000 Disease — Each Employee Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products — Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury Commercial Automobile Liability 1. $1,000,000 Combined Single Limit Bodily Injury and Property Damage The Commercial Automobile Liability shall provide coverage for the following automobiles: 1. All Owned Automobiles 2. All Non -Owned Automobiles 3. All Hired Automobiles Umbrella Liability 1. $10,000,000 Each Claim $10,000,000 Annual Aggregate 2. The Umbrella Liability shall provide excess limits over and above the Commercial General Liability, Employers' Liability and Commercial Automobile Liability limits as stated in this article. Professional Liability /Pollution Incident Liability Professional Liability errors and omissions insurance including Pollution Incident Liability coverage with limits of not less than $5,000,000 Per Claim / $5,000,000 Aggregate. Certificates of Insurance Certificates of Insurance shall be provided upon request. Barr and Client waive all rights against each other, their subcontractors, agents, and employees, and the other's consultants, separate contractors, and their subcontractors, agents, and employees for losses or damages covered by property or casualty insurance, commercial general liability, or Builders Risk insurance. This waiver of subrogation shall be effective notwithstanding any duty of indemnity. P. \Mpls \23 MMM23101019 City Proj PW116d -10083 Gr PI\ProjR{skMgmt\Contract\2016 June -22_ PaulOehme_Ci yOfChanhassen PW 116d FEMA Project #4182.12 -R.doa Ver. 12 /16/2015 Paul Oehme, P.E. June 22, 2016 Paae 3 If this Agreement is satisfactory, please sign or have the pertinent signatories sign a copy of this letter in the space provided, and return it to me. Sincerely, BARR ENGINEERING CO. Steven M. Klein Its Vice President Accepted this day of �1�1 20-LLo CITY OF CH HASSEN By & aaIts �Yw 1` Attachments Standard Terms — Professional Services Fee Schedule Barr's Proposal P -.\Mpls \23 MN \10\23101019 City Proj PW116d -10083 Gr PI \ProjRiskMgmt \Contract \2016_June -22_ PaulOehme CityOfChanhassen_PW116d FEMA Project #4182.12 - R.docx Ver. 12/16/2015 BARR STANDARD TERMS - PROFESSIONAL SERVICES Our Agreement with you consists of the accompanying letter or other authorization, Work Orders, and these Standard Terms — Professional Services. Section 1: Our Responsibilities water. If you are requesting that we provide services that 1.1 We will provide the professional services ( "Services ") include this risk, you agree to hold us harmless from described in this Agreement. We will use that degree of such contamination claims, damages, and expenses, including reasonable attorneys' fees, unless the loss is care and skill ordinarily exercised under similar caused by our negligence. circumstances by reputable members of our profession practicing in the same locality. 2.6 You agree to make disclosures required by law. If we are 1.2 We will select the means, methods, techniques, required by law or legal process to make such disclosures, you agree to hold harmless and sequences, or procedures used in providing our Services. If you direct us to deviate from our selections, indemnify from related claims and d costs, including a you agree to hold us harmless from claims, damages, reasonable attorneys' fees. and expenses arising out of your direction. Section 3: Reports and Records 1.3 We will acquire all licenses applicable to our Services 3.1 We will retain analytical data relating to the Services for and we will comply with applicable law. seven years and financial data for three years. 1.4 Our duties do not include supervising your contractors or 3.2 commenting on, supervising, or providing the means and methods of their work unless we accept any such duty in writing. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings. 1.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, job, or site health or safety unless we accept that duty in writing. 1.6 Estimates of our fees or other project costs will be based 3.3 on information available to us and on our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should add a contingency. 1.7 The information you provide to us will be maintained in confidence except as required by law. Section 2: Your Responsibilities 2.1 You will provide access to property as required. 2.2 You will provide us with prior reports, specifications, plans, changes in plans, and information about the project which may affect the delivery of our Services. You will hold us harmless from claims, damages, and related expenses, including reasonable attorneys' fees, involving information not timely called to our attention or not correctly shown on documents you furnished to us. 2.3 You agree to provide us with emergency procedure information and information on contamination and dangerous or hazardous substances or processes we may encounter in performing the Services. 2.4 You agree to hold us harmless as to any claim that we are an owner, operator, generator, transporter, treater, storer, or a disposal facility within the meaning of any law governing the handling, treatment, storage, or disposal of dangerous or hazardous materials. 2.5 Site remediation services may involve risk of contamination of previously uncontaminated air, soil, or Monitoring wells are your property and you are responsible for their permitting, maintenance and abandonment unless we accept that duty in writing. Samples remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are your property. They will be discarded or returned to you, at our discretion, unless within 15 days of the report date you give written direction to store or transfer the materials at your expense. Our reports, notes, calculations, and other documents, and our computer software and data are instruments of our Services, and they remain our property, subject to a license to you for your use in the related project for the purposes disclosed to us. You may not use or transfer our reports to others for a purpose for which they were not prepared without our written approval. You agree to indemnify and hold us harmless from claims, damages, and expenses, including reasonable attorneys' fees, arising out of any unauthorized transfer or use. 3.4 Because electronic documents may be modified intentionally or inadvertently, you agree that we will not be liable for damages resulting from change in an electronic document occurring after we transmit it to you. In case of any difference or ambiguity between an electronic and a paper document, the paper document shall govern. When accepting document transfer in electronic media format, you accept exclusive risk relating to long -term capability, usability, or readability of documents, software application packages, operating systems, and computer hardware. 3.5 If you do not pay for the Services in full as agreed, we may retain reports and work not yet delivered to you and you agree to return to us our reports and other work in your possession or under your control. You agree not to use or rely upon our work for any purpose until it is paid for in full. Section 4: Compensation 4.1 You will pay for the Services as agreed upon or according to our then current fee schedules if there is no other written agreement as to price. An estimated cost is Ver. 07 -01 -15 not a firm figure unless stated as such and you should allow for a contingency in addition to estimated costs. 4.2 You agree to notify us of billing disputes within 15 days and to pay undisputed portions of invoices within 30 days of invoice date. For balances not paid under these terms, you agree to pay interest on unpaid balances beginning 10 days after invoice date at the rate of 1.5% per month, but not to exceed the maximum rate allowed by law. increased fee is not the purchase of insurance. 5.5 If you fail to pay us within 60 days following invoice date, we may consider the default a total breach of our Agreement and, at our option, we may terminate all of our duties without liability to you or to others. 5.6 If we are involved in legal action to collect our compensation, you agree to pay our collection expenses, including reasonable attorneys' fees. 4.3 If you direct us to invoice another, we will do so, but you 5.7 The law of the state in which the project site is located agree to be responsible for our compensation unless you will govem all disputes. Each of us waives trial by jury. provide us with that person's written acceptance of the No employee acting within the scope of employment terms of our Agreement and we agree to extend credit to shall have any individual liability for his or her acts or that person. omissions and you agree not to make any claim against individual employees. 4.4 You agree to compensate us in accordance with our fee schedule if we are asked or required to respond to legal process arising out of a proceeding to which we are not a party. 4.5 If we are delayed by factors beyond our control, or if the project conditions or the scope of work change, or if the standards change, we will receive an equitable adjustment of our compensation. 4.6 In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to payment otherwise due us. Section 5: Disputes, Damage, and Risk Allocation 5.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include a meeting attended by each party's representative empowered to resolve the dispute. Disputes (except collections) will be submitted to mediation as a condition precedent to litigation. 5.2 We will not be liable for special, incidental, consequential, or punitive damages, including but not limited to those arising from delay, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. Each of us waives against the other and its subcontractors, agents, and employees all rights to recover for losses covered by our respective property /casualty or auto insurance policies. 5.3 We will not be liable for damages unless you have notified us of your claim within 30 days of the date of your discovery of it and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages, and unless suit is commenced within two years of the eadier of the date of injury or loss and the date of completion of the Services. 5.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability will not exceed the fee paid for our services or $50,000, whichever is greater, and you agree to indemnify us from all liability to others in excess of that amount. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of our Agreement, you provide payment in an amount that will increase our fees by 10 %, but not less than $500, to compensate us for the greater risk undertaken. This Section 6: Indemnification 6.1 Each of us will indemnify and hold harmless the other from and against demands, damages, and expenses to the comparative extent they are caused by the negligent acts, omissions, or breach of contract of the indemnifying party or of those others for whom the indemnifying party is legally responsible. 6.2 To the extent that may be necessary to indemnify either of us under Section 6.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. Section 7: Miscellaneous Provisions 7.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our sole negligence. 7.2 This Agreement is our entire agreement, and it supersedes prior agreements. Only a writing signed by both of us making specific reference to the provision modified may modify it. 7.3 Neither of us will assign this Agreement without the written approval of the other. No other person has any rights under this Agreement. 7.4 A writing may terminate this Agreement. We will receive an equitable adjustment of our compensation if our work is terminated prior to completion as well as our fees and expenses on the basis agreed upon through the effective date of termination. 7.5 We will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, religion, age, genetic information, marital status, sexual orientation, gender identity, familial status, disability, status with regard to public assistance, membership or activity in a local human -rights commission, or status as a protected veteran. We will take affirmative action to ensure that applicants are considered, and employees are treated during their employment, without regard to those factors. Our actions will include, but are not limited to notifications, hiring, promotion or employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoffs or terminations, rates of pay and other forms of compensation, and selection for training or apprenticeship. End of Standard Terms Ver. 07 -01 -15 BARR Fee Schedule -2016 Rev. 01 /01116 Rate* Description (U.S. dollars) Principal.......................................................................................................... ............................... $145 -295 Consultant / Advisor .......................................................................................... ............................... $155 -250 Engineer /Scientist/Specialist III ................................................ ............................... .......................$125 -150 Engineer /Scientist/Specialist II ............................................................................. ............................$95 -120 Engineer /Scientist/Specialist I ................................................................................... .........................$65 -90 TechnicianIII ............................................................................ ............................... .......................$125 -150 TechnicianII ......................................................................................................... ............................$95 -120 TechnicianI ............................................................................................................... .........................$50 -90 SupportPersonnel II ............................................................................................ ............................$95 -150 SupportPersonnel I .................................................................................................. .........................$50 -90 Rates for litigation support services will include a 30% surcharge A ten percent (10 %) markup will be added to subcontracts for professional support and construction services to cover overhead and insurance surcharge expenses. Invoices are payable within 30 days of the date of the invoice. Any amount not paid within 30 days shall bear interest from the date 10 days after the date of the invoice at a rate equal to the lesser of 18 percent per annum or the highest rate allowed by applicable law. Reimbursable expenses including, but not limited to, the actual and reasonable costs of transportation, meals, lodging, parking costs, postage, and shipping charges will be billed at actual cost. Materials and supplies charges, printing charges, and equipment rental charges will be billed in accordance with Bares standard rate schedules. Mileage will be billed at the IRS - allowable rate. Principal category includes consultants, advisors, engineers, scientists, and specialists who are officers of the company. Consultant/Advisor category includes experienced personnel in a variety of fields. These professionals typically have advanced background in their areas of practice and include engineers, engineering specialists, scientists, related technical professionals, and professionals in complementary service areas such as communications and public affairs. Engineer /Scientist/Specialist categories include registered professionals and professionals in training (e.g. engineers, geologists, and landscape architects), and graduates of engineering and science degree programs. Technician category includes CADD operators, construction observers, cost estimators, data management technicians, designers, drafters, engineering technicians, interns, safety technicians, surveyors, and water, air, and waste samplers. Support Personnel category includes information management, project accounting, report production, word processing, and other project support personnel. *Rates do not include sales tax on services that may be required in some jurisdictions. submitted by Barr Engineering Co. May 19, 2016 resourceful. naturally. BARR engineering and environmental consultants May 19, 2016 Paul Oehme, PE, Director of Public Works /City Engineer City of Chanhassen 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Re: Proposal for engineering services —Slope Stabilization Project City Project PW316d: 10083 Great Plains Boulevard; FEMA Project #4182.12 -R Dear Mr. Oehme: Barr Engineering Co. is pleased to submit the enclosed proposal to the City of Chanhassen for professional engineering services for design, survey, on -site observation, and project administration support for the slope stabilization and restoration project at 10083 Great Plains Boulevard. Barr is well suited to assist you. Your project will benefit from our: Broad expertise and experience in high - gradient ravine, river, and stream, and stabilization and restoration. Your project requires a comprehensive approach that combines geotechnical, water resources, geohydraulic, and structural expertise. We have leading experts in all of these fields who have conducted analyses and provided designs to stabilize and restore hundreds of eroding ravines similar to the ravine at 10083 Great Plains Boulevard. We understand why slopes fail and how to stabilize and restore them. Our team has over 40 years of experience in stabilizing and restoring eroding high - gradient ravines, and we are currently working on stabilizing and restoring the severe landslide /slope stability issues on the HCRRA trail in Chanhassen, in the same watershed and just a short distance away from the ravine at 10083 Great Plains Boulevard. Firsthand experience with the slope at 10083 Great Plains Boulevard. We prepared the March 23, 2015, report for Ms. Guyton, which includes our observations, geotechnical analyses, key slope stabilization and restoration elements, and preliminary project costs. This report was used by the City of Chanhassen to secure FEMA grant funds to stabilize and restore the slope. Depth of bench and proximity to the project site. With more than 450 staff located 15 minutes away from your project site, we can easily access the staff resources necessary to complete the project within your desired timeframe. Thank you for the opportunity to propose on this project. We look forward to working with you. Please contact me at 952- 832 -2809 or sklein @barr.com if you have any questions about our proposal. Sincerely, Steve Klein, PE, PH Vice President, Principal in Charge Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com contents consultantteam ....................................................................................................... ..............................1 understanding of the project ................................................................................... ..............................4 consultantfee .......................................................................................................... ..............................5 exceptionsand deviations ....................................................................................... ..............................6 attachment A: project examples attachment B: detailed consultant fee W R03PO99.16 consultant team Our proposed team members have the experience and expertise needed to deliver the investigation, design, bidding and contract support, and FEMA compliance components of the Chanhassen slope stabilization project. Full resumes are available upon request. Detailed, relevant project examples are provided in Attachment A. Role: Principal in charge Steve Klein, PE, PH Senior Civil Engineer, Vice President MS, Civil Engineering; MBA Steve has 40 years of experience in ravine stabilization and restoration; water - quality enhancement; natural resource protection and restoration; stormwater management; water resources management; groundwater studies; hydrologic and hydraulic analysis; construction plan and specification development; construction observation; and public meetings, as well as forensic engineering related to slope failures, wet basements, building flooding, and foundation problems. He has served as lead engineer or principal for project work performed for 15 municipalities and more than a dozen watershed management organizations in Minnesota and South Dakota. His FEMA experience includes numerous CLOMR /LOMR studies and countywide flood insurance map updates, as well as the FEMA- funded 2014/2015 Scott County Highway 1 Ravine and Road repair project. He has served as project manager and /or principal in charge for numerous high - gradient ravine and landslide stabilization and restoration projects, including: • Battle Creek Ravine in Ramsey County, Minnesota • Blakeley Ravine in Scott County, Minnesota • Carver Ravine in Washington County, Minnesota • Clearwater Goff Course Ravine in Sherburne County, Minnesota • Conzemius Park Ravine in Dakota County, Minnesota • Fish Creek Ravine in Ramsey County, Minnesota • Hastings Industrial Park Ravine in Dakota County, Minnesota • Scott County Highway 1 Ravine in Scott County, Minnesota • Lake Rebecca Ravine in Dakota County, Minnesota • Neal Street Ravine in Goodhue County, Minnesota • Quarry Creek Ravine in Scott County, Minnesota • Shoreview Heights Ravine in Eau Claire County, Wisconsin • Utica Ravine in Scott County, Minnesota He is also currently working on landslide repairs on the HCRRA Trail in Chanhassen a few blocks south of the Guyton Ravine that is the subject of this proposal. Role: Project manager Jeff Weiss, PE Senior Water Resources Engineer MS, Civil Engineering Jeff has over 12 years of experience with projects involving stabilization, river hydraulics, stream classification, monitoring, and restoration. His work has included ravine stabilizations, stream restorations, one- and two - dimensional hydraulic and hydrologic modeling, and projects involving a broad range of water quality, stormwater runoff, and flood protection issues. He is trained in Rosgen channel classification and restoration methods and natural channel design and sediment transport computations. Jeff managed the County Road 6 and Salisbury Hill Ravines feasibility study; Blakeley Trail Ravine stabilization project; and Quarry Creek stabilization design project, all located in Scott County. He was also was the project manager and lead designer for Goetschel and Goose Lake Ravines, located in Lake Elmo, Minnesota. Jeff has also managed and /or worked on multiple FEMA projects, including FEMA- funded projects in Duluth following the 2012 floods; floodplain mapping for several Minnesota counties; and numerous CLOMR /no -rise certification processes. Role: Geotechnical engineer Kristin Alstadt, PE Geotechnical Engineer MS, Civil Engineering; BS, Civil Engineering Kristin has over five years of experience providing a variety of geotechnical services including on -site investigations, mass data analysis, and seismic design. She has performed on -site and in -lab material tests, provided construction observation and facility inspections, and prepared civil plan designs and as -built drawings. At Barr, Kristin has been involved in seepage and slope - stability modeling of contaminated soil embankments, tailings basins, river channels and levees, existing dams, berms, landslide repairs, and railway and excavation embankments. She has performed rip -rap, filter, retaining wall, and geotextile design and is currently working on the landslide repairs on the HCRRA Trail in Chanhassen a few blocks to the south of the Guyton ravine Paul Tokarczyk, PE, PLS Civil Engineer M.Eng., Civil Engineering; BS, Civil Engineering; BS, Land Surveying Paul Tokarczyk has 12 years of civil engineering, design, and land surveying experience including preliminary planning and estimating, design engineering, project management and administration, surveying, mapping, and drafting. Paul's design knowledge includes construction SWPPP, stormwater modeling and retention pond design, MnDOT state -aid design procedures, USACOE and Role: Registered MnBWSR wetlands permitting and procedures, MPCA NPDES permitting procedures, FEMA land surveyor floodplain map amendment process, and municipal water system modeling. He is a registered Professional Land Surveyor and will be responsible for preparing the legal descriptions for the temporary and permanent easements needed for the project. Bill Kussmann, PE Senior Geotechnical Engineer _ BS, Geology; BGE, Geological Engineering Bill has over 15 years of experience providing geotechnical engineering, environmental engineering, and construction phase services for a variety of public and private clients, including Scott County. He coordinates and performs geotechnical explorations, analyses, and designs for structure foundations, landslide stabilization or prevention, retaining alls and earthen embankments. He is g , fluent in the newest high -tech geotechnical software used for analyzing the complexities of Role: Geotechnical seepage, settlement, and slope stability. He has performed subsurface exploration and evaluation of engineer and multiple FERC - regulated dams, as well as slope stability evaluations and designs in Scott County, /QC including the Blakeley Ravine, County Rd. 1, and Quarry Creek Ravine projects. Role: Geotechnical engineer Kristin Alstadt, PE Geotechnical Engineer MS, Civil Engineering; BS, Civil Engineering Kristin has over five years of experience providing a variety of geotechnical services including on -site investigations, mass data analysis, and seismic design. She has performed on -site and in -lab material tests, provided construction observation and facility inspections, and prepared civil plan designs and as -built drawings. At Barr, Kristin has been involved in seepage and slope - stability modeling of contaminated soil embankments, tailings basins, river channels and levees, existing dams, berms, landslide repairs, and railway and excavation embankments. She has performed rip -rap, filter, retaining wall, and geotextile design and is currently working on the landslide repairs on the HCRRA Trail in Chanhassen a few blocks to the south of the Guyton ravine Paul Tokarczyk, PE, PLS Civil Engineer M.Eng., Civil Engineering; BS, Civil Engineering; BS, Land Surveying Paul Tokarczyk has 12 years of civil engineering, design, and land surveying experience including preliminary planning and estimating, design engineering, project management and administration, surveying, mapping, and drafting. Paul's design knowledge includes construction SWPPP, stormwater modeling and retention pond design, MnDOT state -aid design procedures, USACOE and Role: Registered MnBWSR wetlands permitting and procedures, MPCA NPDES permitting procedures, FEMA land surveyor floodplain map amendment process, and municipal water system modeling. He is a registered Professional Land Surveyor and will be responsible for preparing the legal descriptions for the temporary and permanent easements needed for the project. Role: Engineering technician Role: Surveying technician Role: Construction specifications and administration Greg Nelson Senior Civil Designer /Technician AS, Civil Technology and Land Surveying Greg has more than 19 years of experience on projects involving engineering and surveying. He collects field data; prepares and develops design plans, cost estimates, and specifications; and provides bidding and contract administration, construction oversight, and project management. His projects have involved ravine and stream restoration, low- impact development, stormwater management systems, and erosion control, with extensive experience in ravine and stream repair and maintenance. He has served as a senior civil technical designer on numerous streambank stabilization and restoration projects, where he has provided surveying, plan profile layout, technical specification preparation, opinions of cost, bidding and contract selection services, construction management, and contract close -outs. Jim Staberg Senior Survey Technician St. Cloud State University; Dunwoody Industrial Institute: Surveying Math and Public Record Course Jim Staberg has 25 years of experience as an engineering technician and surveyor. He oversees the field technician group and provides cost estimating for projects. His field services include surveying (construction, topographic, hydrographic, HDS, and control), construction observation, and soil testing and analysis. He is experienced with the latest GPS systems and collection methods, all types of electronic total stations, hydrographic surveying equipment, Lieca HDS scanner, TSCI Trimble and Topcon electronic field books as well as Civil 3D, EaglePoint, LDD, and AutoCAD software. Jim performed a detailed survey of a failing creek bed and supervised construction staking for the Quarry Creek Ravine Stabilization and Restoration Project in Scott County and numerous other ravine projects. Jake Burggraff Senior Water Resources Designer Technical Drafting and Design; Advanced Surveying Extension Course; land Surveying Jake Burggraff has more than 46 years of experience with projects involving municipal sewer systems, stormwater conveyance and flood control, water quality, stormwater pollution prevention plan (SWPPP) development, and system studies and reports. He has provided construction specification development and administration for dozens of projects, performed erosion control inspections, conducted inflow and infiltration studies, performed flow monitoring, inspected storm drains and water mains, and designed culverts, interceptors, water - quality ponds, and rainwater gardens. understanding of the project Key design considerations /elements for stabilizing and restoring the slope and restoring the eroding ravine that threatens the Guyton residence at 10083 Great Plains, Blvd, Chanhassen, Minnesota, include: 1. Capturing concentrated storm and snowmelt flows and conveying them to the downstream end of the project to prevent ravine scour. Currently, such concentrated flows accelerate as they spill into the ravine and cascade down the steep unprotected flow line (or thalweg), creating an unstable side slope and causing the current landslides to encroach upon the Guyton residence. A key element of the project will be to prevent such flows from scouring that portion of the ravine by capturing, containing, and conveying them in a pipe past the critical slope that leads up to the Guyton residence. 2. Slowing the high - velocity flows that exit the pipe (described in #1 above). Our design will include an energy dissipater feature at the end of the pipe to slow the high - velocity flows leaving the pipe to below 4 feet per second before they are discharged to the unprotected reach downstream of the project limits. 3. Backfilling the ravine to create a stable slope nearthe Guyton Residence. Our design will includes placing fill necessary to create a stable slope from the thalweg of the ravine to the top of the slope near the Guyton residence. This will require the base of the ravine to be backfilled to an elevation where fill placed on the slope will be at a stable grade. This backfilling, combined with other the key measures described herein, will prevent future slope failures on the existing critical slope. 4. Preventing downstream head - cutting from undercutting the portion of ravine to be backfilled and restored by this project. It is our understanding that the project will end approximately midway down the ravine where the flowline is still very steep. Therefore, even though the energy dissipater feature (described in #2 above) will slow the flows to less than 4 feet per second, the flows leaving it will once again accelerate and continue to scour the unprotected portion of the ravine downstream. Our design will include a buried -rock or sheet -pile cutoff wall at the end of the project to prevent such headcutting from working its way back upstream and undercutting the energy dissipater and ravine backfill material. 5. Preventing or minimizing erosion from: a.) upstream flows that exceed the capacity of the pipe (described in #1); b.) rain that falls in the ravine proper; and c.) snowmelt within the ravine. Our design will include placement of permanent turf- reinforcing material (TRM) that will convey such post - project surface flows while preventing them from eroding and scouring the very slope being stabilized by this project. 6. Managing the groundwater weeps that discharge into the ravine at various locations along the ravine side slopes. A key design feature (and one that may be overlooked by others) will be to capture groundwater seeps entering the ravine higher up along the ravines side slopes and then conveying those flows to the downstream end of the project. This is extremely important because it will prevent a buildup of groundwater in the constructed backfill since buildup could destabilize the embankment fill material and cause it to slide. Such weeps and telltale soil discoloration were observed in a recent site visit. 7. Replacing the culvert pipe that currently conveys flows under the Guyton residence driveway. The existing culvert is badly eroded and needs to be replaced. Therefore, the pipe described in #1 will be extended through the driveway and the existing culvert will be removed and disposed. It may be advisable to stabilize the entire ravine reach from its head at the Guyton driveway to its downstream junction with three other ravine segments for a variety of reasons, including but not limited to: a.) lower overall total ravine restoration cost by stabilizing the entire ravine segment in a single project rather than restoring the upper half now and the lower portion later; b.) needed stabilization of a small, northeast branch entering the ravine just downstream of the currently anticipated end of project (the cutoff wall described in #4 may need to be extended across the arterial branch to prevent head - cutting scour occurring around the end of the cutoff wall and working its way back into the project); and c.) future access to the lower reaches of the ravine (after repair of the upper portion now, future access to construct lower ravine stabilization may be limited to a ravine - valley access). Therefore, as part of a project kickoff meeting, we will want to discuss this issue further and determine where the project is to end. consultant fee A detailed cost spreadsheet is included in attachment B, identifying time estimates, personnel hourly rates, materials, equipment, etc. Costs are broken out by the project scope identified in the RFP. exceptions and deviations There are three items that could pose deviations from our proposed services and our proposed not -to- exceed price. These deviations are: 1. If the City and /or FEMA should decide to extend /expand the project further downstream to include an added portion or all of the ravine in question and the small, northeasterly tributary branch it joins with immediately downstream of the currently anticipated end of project, this expansion of work will require additional engineering. If such project expansion is deemed necessary by the City and /or FEMA, we will negotiate a price and develop a project Change Order or Contract Amendment prior to beginning such work. 2. Our experience with similar ravine repairs indicates that a reputable contractor should be able to substantially complete the work for this project within three weeks. Accordingly, we have assumed that our construction observer and other construction administration services is commensurate with a project that is substantially completed within three weeks. Should there be delays due to weather, contractor issues, or other issues that are beyond Barr's control, we reserve the right to negotiate a contract amendment for the increased engineering costs. 3. We have not included easement negotiations with property owners in our scope of services. Should the City desire Barr to provide easement negotiation support we, reserve the right to negotiate a contract amendment for increased engineering costs involved with such services. Our scope does, however, include preparation of drawings that show permanent and temporary easements and written easement descriptions. attachment A: project examples Blakely Trail Ravine stabilization design client Scott WMO location Minnesota services provided: • field surveys • hydrologic and hydraulic modeling • geotechnical and geo- hydraulic analyses • alternatives identification and assessment • plan, specification, and contract document preparation • feasibility study preparation Extensive ravine erosion was evident in an area of Scott County, Minnesota, near the town of Blakeley. This area was identified as a major contributor to sediment loads in the Minnesota and Mississippi Rivers. In particular, Blakeley Trail Ravine recently experienced serious, accelerated erosion and high -wall slope stability issues. Eroded escarps in two areas were encroaching Ravine erosion upon the north shoulder of County Road 60 (Blakeley Trail), and similar issues were developing on the south side of Blakeley Trail. In 2012, the Scott Watershed Management Organization retained Barr to analyze options and design a project to stabilize excessive erosion that encroached upon Blakeley Trail. Barr performed geotechnical and hydrologic /hydraulic analyses and found that certain ravine slopes in close proximity to County Road 60 were currently failing (factors of safety less than 1.0) and that a significant slide could occur under certain conditions, impacting the integrity of the road and posing significant safety issues. Barr then prepared a 30 percent design package with "good," "better," and "best" alternatives for the stabilization of key portions of the north and south ravines to achieve the following objectives: 1. reduce the potential for landslides that could impact the integrity of County Road 60 2. control surface flows to minimize their ongoing impact on ravine headcutting and slope failures 3. significantly reduce ravine erosion and stabilize or significantly increase the stability of slopes in specific reaches of the two ravines 4. significantly reduce sediment export to the Minnesota River 5. restore vegetative cover to eroded, unvegetated slopes within the ravines Vokeley Trail Ravine stabilization design, continued For the north ravine, the design included a combination of stormwater detention, channel armoring, and grade - control measures. The detention basin is located between a farm field and the top of the active ravine. The basin was designed to contain a 100 -year storm runoff volume and discharge the runoff at the bottom end of the project area into a riprap -lined section of the ravine flow channel. A series of four sheet -pile grade - control structures were designed for the downstream end of the project. The sheet -pile structures raise the grade of the ravine bed to help establish stable ravine slopes, including an engineered slope with geoweb and geogrids. For the south ravine, the design included a combination of channel armoring and grade control measures. 23701026.00 BARR Hastings Spiral Boulevard /Industrial Park — ravine stabilization and restoration client Hastings, Minnesota location Spiral Boulevard /Industrial Park, Hastings services provided: • hydrologic, hydraulic, and surface water quality modeling and analyses • design of storm water conveyance systems to MSA standards • design of stream - stabilization measures • design and construction of rainwater gardens • landscape design • electrical light design • geotechnical engineering for embankment design • construction drawings and specifications • on -site observations • assistance in securing funding from outside water management organization with a vested interest in the project outcome In 2007, the City of Hastings was planning to reconstruct several roadways, and stabilize and restore an eroding ravine in the Industrial Park located in the southeastern portion of the city. The major concern initially was the severe erosion and channel degradation in the 2,200 -foot long, heavily wooded ravine between Spiral Boulevard and 21St Street. As the planning and design progressed, however, the City identified this planned construction project as an opportunity to provide stormwater treatment for areas of the Industrial Park and the Three Rivers residential area to the south that currently discharge largely untreated runoff to the Vermillion River. The City of Hastings partnered with Barr to analyze numerous options for significantly improving water quality and reducing the volume of runoff entering the Vermillion River. The options included stabilizing and restoring the badly eroded areas of the ravine using various methods, infiltrating as much of the runoff from the watershed as possible, storm water diversions, constructing rainwater gardens within the street rights of way, and utilizing combinations of rural and urban street sections. Hastings Spiral Boulevard/ Industrial Park, continued ravine restoration Barr performed a hydrologic and hydraulic (H &H) analysis and a feasibility study to address numerous options for ravine stabilization, and to help the city focus on an approach that met the city's needs and provides aesthetically pleasing views for pedestrians using the new pathways. The selected option used a permanent non - photo- degrading turf- reinforcing material (TRM). Vegetation will grow through the permanent TRIM to recreate a picturesque vegetated ravine similar to what previously existed. The combination of TRIM and vegetation will completely armor the channel and protect it from eroding. The H &H modeling Barr performed was also used for establishing the soft armored channel design dimensions and to ensure selected materials were chosen and sized properly to contain and resist 100 -year storm event flows. hydrologic, hydraulic, and surface water quality modeling and analyses Barr completed extensive modeling and analyses to comply with Mn /DOT MSA roadway drainage requirements. The U.S. EPA's Storm Water Management Model (SWMM), with a computerized graphical interface provided by XP Software (XP- SWMM), was used to model the hydrology and hydraulics of the Industrial Park drainage area. XP -SWMM uses rainfall and watershed information to generate runoff that is routed simultaneously through complicated pipe and overland flow networks. The model can account for detention in ponding areas, backwater conditions, surcharging of manholes, and backflow through pipes, all of which do occur within the study area. geotechnical Engineering On behalf of the City, Barr designed and constructed new storm sewers, several special flow- diversion structures, the rainwater gardens and a dike that can be used as a walking path across the upper end of the ravine. Through this extensive work, an estimated 52 percent of total suspended solids and 26 percent of total phosphorus will be removed from the runoff of the watershed during average climatic conditions before entering the Vermillion River. The ravine has been stabilized and restored to eliminate ravine erosion as a source of pollutant loading to the Vermillion River, which will allow future generations to appreciate the ravine as they use the trail that meanders through the area. Salisbury Hill and Quarry Creek Ravines stabilization feasibility study client Scott WMO location Minnesota services provided: • field surveys • hydrologic and hydraulic modeling • geotechnical and geo- hydraulic analyses • alternatives identification and assessment • plan, specification, and contract document preparation • feasibility study preparation Extensive ravine erosion was evident in an area of Scott County, Minnesota, between the towns of Belle Plaine and Blakeley. This area was identified as a major contributor to sediment loads in the Minnesota and Mississippi Rivers. The Quarry Creek Ravine near Quarry Road and the Salisbury Hill Ravine near Salisbury Hill Road are two ravines that have experienced serious, accelerated erosion and high -wall slope stability issues. In addition to the Minnesota and Mississippi Rivers impacts, the sediment posed significant safety problems as massive sediment deposition was a chronic problem on or near County Road 51, County Road 6, and the adjacent railroad. Significant effort and funds were expended to clear these frequently - blocked culverts and the areas immediately upstream and downstream of those structures. Salisbury Hill Ravine erosion Quarry Creek Ravine erosion In 2012, the Scott WMO hired Barr to prepare a feasibility study targeted at: 1. reducing sediment maintenance needs at county roads 2. controlling property damage to landowners from ravine erosion and headcutting 3. reducing sediment export to the Minnesota River Barr reviewed site conditions and soils information and completed hydrologic and hydraulic modeling to analyze several alternatives for stabilizing the eroding areas. We developed a set of three conceptual "good," "better," or "best" options (and cost estimates for each option) for both ravines. Components for Salisbury Hill and Quarry Creek Ravines stabilization feasibility study, continued the various options included runoff detention, channel armoring, and grade control measures. The conceptual plans and cost estimates helped the Scott WMO plan and prioritize projects to effectively leverage available funds to stabilize these ravines. In 2013, Barr was retained to design stabilization and restoration measures for the Quarry Creek Ravine that were funded in part by a State of Minnesota grant. Construction of the project was largely completed before the onset of winter in 2015. 23701027.00 BARR attachment B detailed consultant fee Project Name: 10083 Great plum, B,,Ie,a,d Slope Stabili�abon Project (City Project# PW116d; FEMA Project #4182.12-R) Client Narra: City of Ch-h—sn Data 05/19/2016 In tall Billing Raw .. project Role .... . a SM plans and fieldwork (Including hand augemfor scil Irwe �mo�� 00000�� ®= • o000000om a Internal meetings 00000�o�m� ,. ® ®0000�� ©mom® c Bid opening and vetting low bid ©0000000m�® IMIM� IM, • o0000000m ao0m000�o a Post-construction survey Assumptions: 1. Assume the plan sheets needed will Include individual sheets or sections for. 1) CoverAndes; 2) Grading plan and profile; 3) Cross Sections; 4) Details; 5) SW PPP 2. It is assumed that construction will take three (3) weeks to complete. 3. It is assumed that BARR's onsite representative /construction observer will be onsite for approximately one -half of the time during construction. 0 CITY OF CHANHASSEN 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 D -5 MEMORANDUM TO: Paul Oehme, Director of Public Works /City Engineer FROM: Alyson Fauske, Assistant City Engineer6� DATE: July 11, 2016 SUBJ: Approve Reimbursement Agreement with Gaye Guyton for the 10083 Great Plains Boulevard Slope Stabilization, State Grant Agreement No. A- HMGP- DR4182- CHANHASCI -008 PROPOSED MOTION "The City Council adopts a resolution rescinding approval of the Cost Share Agreement with Gaye Guyton that was granted on June 13, 2016 and approves the Reimbursement Agreement with Gaye Guyton." City Council approval requires a simple majority vote of the City Council present. BACKGROUND During a storm on June 19, 2014, the City received five inches of rain over about a six -hour period. On June 23, 2014, Gaye Guyton notified the city about a slope failure on her property located at 10083 Great Plains Boulevard. To mitigate the failure, a slope stabilization project is necessary. Federal funds are available for such projects and cover up to 75% of the project cost. In order to receive federal funding, the City must sponsor the project. At the May 26, 2015 meeting, the City Council approved a Resolution of Support for a Federal and State Funding Grant for the slope failure. On June 13, 2016, the City Council approved Grant Agreement No. A -HMGP- DR4182- CHANHASCI -008 with the Minnesota Department of Public Safety, a Cost Share Agreement with Gaye Guyton, and a $59,930 engineering services contract with Barr Engineering. DISCUSSION After the Council approved the Cost Share Agreement on June 13, 2016, the property owner requested some modifications to the Agreement to clarify her financial obligations and identify her role as the project owner upon project completion. g: \eng \public \pw116d 2014 storm event \10083 great plains \staff reports'Q016071 1 approve revised agmt guyton.docx Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow Paul Oehme Approve Reimbursement Agreement July 11, 2016 Page 2 A summary of the Agreement modifications are as follows: a) Document is now a "Reimbursement Agreement" instead of a "Cost Share Agreement" to accurately reflect the intent of the Agreement. b) Under Paragraph 2, Project, the following language was added: "The City makes no representations or warranties concerning the Project. Upon completion of the Project, the Property Owner will be the Project Owner." c) The following language was added to Paragraph 3, Responsibility of Cost: At no time will the City bear any financial obligations associated with the Project. d) Under Paragraph 4, Financial Security, language was added to clarify that any remaining financial security will be released to the Property Owner upon project completion. e) The following language was deleted from Paragraph 4, Financial Security: Upon release the Property Owner assumes all financial obligations associated with the slope stabilization. This language is replaced by changes summarized in b) and c), above. The City Attorney has reviewed the document and finds it acceptable. Attachments: 1. Resolution. 2. Reimbursement Agreement. g; \eng \public \pwl 16d 2014 stonn event \10083 great plains\staffreports\20160711 approve revised agmt guyton.doex CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: July 11, 2016 RESOLUTION NO: 2016 -XX MOTION BY: SECONDED BY: A RESOLUTION RESCINDING APPROVAL OF THE JUNE 13, 2016 COST SHARE AGREEMENT WITH GAYE GUYTON AND APPROVING A REIMBURSEMENT AGREEMENT WITH GAYE GUYTON FOR THE SLOPE STABILIZATION PROJECT AT 10083 GREAT PLAINS BOULEVARD — PW116D1 WHEREAS, the City Council previously approved an Agreement with Gaye Guyton; and WHEREAS, Gaye Guyton has requested changes to the approved Agreement. NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council as follows: 1. Rescinds the Cost -Share Agreement dated June 13, 2016 with Gaye Guyton. 2. Approves the Reimbursement Agreement with Gaye Guyton for slope stabilization work to be performed at 10083 Great Plains Boulevard. Passed and adopted by the Chanhassen City Council this 11th day of July, 2016. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT [Space Reserved for Recording Data] REIMBURSEMENT AGREEMENT AGREEMENT made this 11"' day of July, 2016, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ( "City') and GAYE L. GUYTON (the "Property Owner'). 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'). The City requires Property Owner to reimburse the City one hundred percent (100 %) of the City Cost. D. At the June 13"', 2016 City Council meeting the Chanhassen City Council awarded Barr Engineering (the "Engineer ") the consultant contract for the proposed work. The City intends on entering into a contract with a General Contractor to complete construction of the Project. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. RECITALS INCORPORATED. The recitals set forth above are hereby incorporated into and made a part of this Agreement. 2. 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. The City makes no representations or warranties concerning the Project. Upon completion of the Project, the Property Owner will be the Project owner. 3. 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. At no time will the City bear any financial obligations associated with the Project. 4. 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 determination by the Engineer that the slope has been adequately stabilized all remaining security will be released to the Property Owner. 5. 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 f. Guyton STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _day of 'F r , 2016, by Gaye L. Guyton, a single person, the above -named ProlSerty 6wner. DEEANN M. TRIETHART Notary PubllaMinnesota My caMmWelon E* wa Jan 81, 2019 CITY OF CHANHASSEN STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) Notary Public M /_1►U7 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. DRAFTED BY: CAMPBELL KNUTSON, P.A. 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: 651 - 452 -5000 [RNK] Notary Public 3 EXHIBIT"A" ORIGINAL kimt-Irm %--=q and Hwwgmy MkirwAv InAwall 44� Wminau Wm� Suik 2V A47 -- . - PW OdWw, Dke"'Pab& Worim," Fzr, 7M Nk" &ukv%mt PO Sm 147 Ckuhuffla, wwwou Mll Pham- 95=7-1169 k*Jft F. Ne.", SO& Wwd wtivilaft OMM limmAind seru* raA EMWVUCY mumpwftw 445 MhWMAS SL, &dlt 223 st1'*m1wWous31ol how 651-201-7427 GftW Avnvwnt Ns,: A4MM-DIVIV. 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