HomeMy WebLinkAboutPentagon Park Stormwater Mgmt Plan cooperative agreementCOOPERATIVE AGREEMENT
Among Nine Mile Creek Watershed District, Housing and Redevelopment Authority of
Edina, City of Bloomington
Pentagon Park Stormwater Management Plan
This agreement is made by and among the Housing and Redevelopment Authority
of Edina, a Minnesota housing and redevelopment authority with purposes and powers
set out in Minnesota Statutes chapter 469 (Edina HRA); the City of Bloomington, a
Minnesota Municipal Corporation (Bloomington); and the Nine Mile Creek Watershed
District, a watershed organization with purposes and powers set out in Minnesota
Statutes chapters 103B and io3D (NMCWD), for purposes of joint development of a
regional stormwater and flood management plan for the shared Pentagon Park/Border
Basin catchment area.
WHEREAS the 700-acre Pentagon Park/Border Basin area, depicted in Exhibit A
and referred to hereinafter as "Pentagon Park," lies entirely within the Nine Mile Creek
watershed, in part in Bloomington and in part within the boundaries of the City of Edina,
and includes significant tracts of public land, as well as a number of privately owned
parcels;
WHEREAS Pentagon Park is an important commercial, office and industrial
district for both Edina HRA and Bloomington, and is a focus for critical and extensive
ongoing redevelopment planning efforts by both cities;
WHEREAS the topographic and drainage conditions of Pentagon Park make it
susceptible to stormwater inundation and flooding, and rain events of increasing
intensity and volume - as described by the National Weather Service's Atlas 14 rainfall
data - will add to the challenge of sustainably redeveloping the area in compliance with
applicable regulatory requirements, including but not limited to NMCWD's stormwater-
management and floodplain-protection standards;
WHEREAS NMCWD has developed a stormwater hydraulic model that can be
used to generate stormwater flow volume and rate information, flood elevations,
floodplain delineations and related data (the Model) for application to watershed-wide
planning, as well as to the evaluation of the local consequences of redevelopment and
public infrastructure projects, and at the direction of the NMCWD Board of Managers,
the NMCWD engineer utilized the Model to develop preliminary flood-elevation
information for Pentagon Park;
WHEREAS the NMCWD engineer and staff has presented the results of the
modeling analysis to staff at both Edina HRA and Bloomington;
WHEREAS in response to a request from Edina HRA staff, the NMCWD Board of
Nine Mile Creek Watershed District-Housing and Redevelopment Authority of Edina-City of Bloomington
Pentagon Park study
Managers directed NMCWD staff and its engineer, Barr Engineering, to develop a scope
of work that includes evaluation, in consultation with Edina HRA and Bloomington, of
flood- management and regional stormwater-management scenarios, as well as
development of regional redevelopment design guidelines and a regional stormwater-
management plan (all told, the Project), and the resulting November 9, 2016, scope of
work is attached hereto and incorporated herein as Exhibit B; and
WHEREAS Bloomington, Edina HRA and NMCWD are authorized by Minnesota
Statutes section 471.59 to enter into this cooperative agreement for the Project.
Agreement
NOW, THEREFORE, BLOOMINGTON, EDINA HRA AND NMCWD enter into this
agreement to document their mutual understanding as to the scope of the Project and
facilitate communication and cooperation to successfully complete the Project.
i. Conduct of the Project
a. NMCWD will enter a professional-services contract with Barr Engineering for
completion of the tasks specified and the submission of work product
described in Exhibit B. Notwithstanding the foregoing, NMCWD makes no
warranty to Edina HRA or Bloomington regarding the NMCWD engineer's or
any other party's performance in completing the Project.
b. The professional-services contract between NMCWD and Barr Engineering for
the Project will identify Edina HRA and Bloomington each as an intended
beneficiary of the Project, will extend the duty of care, insurance and
indemnification requirements to NMCWD, Edina HRA and Bloomington, and
will state that Edina HRA, Bloomington and NMCWD jointly share the right to
use the work product and rights in the event of a breach of the contract by
Barr Engineering.
c. NMCWD, in collaboration with the representatives of each of Edina HRA
and Bloomington identified in section 4, below, will direct Barr
Engineering's completion of the Project. Edina HRA and Bloomington
each will have input in the conduct of the Project through the structured
meetings and review opportunities described in Exhibit B. Each party to
this agreement will be provided with reasonable opportunity to review,
comment on, request changes to and approve work product, except that
no single party may materially revise or amend the scope of work to be
completed under the terms of this agreement. NMCWD retains its
discretion as the principal contracting party to direct the performance of
the Project and to administer the contract with Barr Engineering. Any
written communication between any party to this agreement and Barr
Engineering related to the subject matter of this agreement will be
concurrently copied to the other parties.
Nine Mile Creek Watershed District-Housing and Redevelopment Authority of Edina-City of Bloomington
Pentagon Park study 2
d. NMCWD, Bloomington and Edina HRA will facilitate Barr Engineering's
performance of the Project by all reasonable means within their administrative
capacity. If Barr Engineering requires entry onto public or private property for
the purpose of the Project, Edina HRA or Bloomington, as appropriate, will use
its good offices to assist in securing any necessary permissions.
e. The parties to this agreement will use the work product of the Project in good
faith to explore stormwater-management and flood-management practices,
designs, projects and other such opportunities, to be pursued jointly and
individually. However, nothing in this agreement obligates any of NMCWD,
Bloomington or Edina HRA to any specific further undertaking or any
commitment of funds beyond the funding of and participation in the Project
as set forth herein.
f. The exercise of regulatory authority by the NMCWD Board of Managers and, as
delegated, NMCWD staff may not be and is not modified in any way by this
agreement. NMCWD's participation in the Project notwithstanding, no
representation or warranty is made as to whether specific land-disturbing
activities undertaken in reliance on the work products of the Project will
comply with NMCWD rules. Further, NMCWD does not warrant and will not
be liable for the actions of or failure to act by any third-party regulatory entity.
2. Cost Sharing
a. NMCWD will pay the costs of completion of the scope of work in Exhibit B in
accordance with its contract with Barr Engineering and applicable state law.
b. Work product created for the Project will acknowledge financial support from
each of NMCWD, Bloomington and Edina HRA.
c. Within 3o days of written notification from NMCWD of NMCWD's payment of
a Barr Engineering invoice for the Project, Edina HRA will reimburse NMCWD
33.5 percent of the invoice amount, up to an aggregate total for the Project not
to exceed $20,000.
d. Within 3o days of written notification from NMCWD of NMCWD's payment of
a Barr Engineering invoice for the Project, Bloomington will reimburse
NMCWD 16.5 percent of the invoice amount, up to an aggregate total for the
Project not to exceed $9,800.
e. Each party will pay the internal and incidental costs of its participation in the
Project not otherwise specified as subject to cost-sharing as specified in herein,
including but not limited to costs of staff time and materials for participation
in and facilitation of the Project.
3. Independent relationship; liability. This agreement does not create a joint powers
board or organization within the meaning of Minnesota Statutes section 471.59, and
no party agrees to be responsible for the acts or omissions of the any other pursuant to
Nine Mile Creek Watershed District-Housing and Redevelopment Authority of Edina-City of Bloomington
Pentagon Park study 3
subdivision i(a) of the statute. Only contractual remedies are available for the failure
of a party to fulfill the terms of this agreement. NMCWD, Bloomington and Edina
HRA enter this agreement solely for the purposes of the Project. Accordingly, with
respect to any and all activity undertaken pursuant to this agreement, NMCWD,
Bloomington and Edina HRA each will hold harmless, defend and indemnify the
others, their officers, employees and agents for all claims, damages, liabilities, losses
and expenses asserted against either or both of the other parties at any time by a third
party, including any governmental body, arising from, in whole or in part by any
negligent act or omission or willful misconduct of the indemnifying party, the
indemnifying party's officers, agents, employees or subcontractors.. The parties to this
agreement are not liable for the acts or omissions of either or both of the other parties
to this agreement. This agreement creates no right in and waives no immunity,
defense or liability limitation with respect to any third party. The parties do not waive
any the limitation of liability provided under Minnesota Statutes chapter 466.
4. The representatives of the parties with respect to this agreement are as follows:
NMCWD:
Administrator
Nine Mile Creek Watershed District
ranhom@ninemilecreek.org
952-835-2078
12800 Gerard Dr.
Eden Prairie MN 55346
Edina HRA:
Engineering Services Manager
City of Edina
RBitner@EdinaMN.gov
952-903-5713
7450 Metro Blvd
Edina MN 55439
Bloomington:
Water Resources Engineer
City of Bloomington
bgruidl@BloomingtonMN.gov
952-563-4557
1800 W. Old Shakopee Road
Bloomington MN 55431
5. Data Practices. All data created, collected, received, maintained or disseminated for
any purpose in the course of this agreement is governed by the Data Practices Act,
Nine Mile Creek Watershed District-Housing and Redevelopment Authority of Edina-City of Bloomington
Pentagon Park study 4
Bloo ingt n Ciiy At
Approv- d as to form & execution:
44,4
HOUSING AND \REDEVELOPMENT AUTHORITY OF EDINA
Approved as to form & execution:
Ib Date: a1-e41
Date:
NMCWD counsel
CITY OF BLOOMINGTON
By
Its
Date: 1 -1 \
Date:
(,)
Edina City Attorney
NINE ILE CREE?WATERSHED DISTRICT
Date:
By Randy ho'in
Its adMilifstrator
Approved as to f m & exec
Nine Mile Creek Watershed District-Housing and Redevelopment Authority of Edina-City of Bloomington
Pentagon Park study 6
Minnesota Statutes chapter 13, any other applicable state statute, or any state rules
adopted to implement the act, as well as federal regulations on data privacy.
6. Entire agreement. This agreement contains the complete and entire agreement
among the parties relating to the subject matter hereof, and supersedes all prior
negotiations, agreements, representations and understandings, if any, among the
parties respecting such matters. The recitals stated at the outset are incorporated into
and are a part of the agreement.
7. Waiver. The waiver by NMCWD, Edina HRA or Bloomington of any breach or failure
to comply with any provision of this agreement by either or both of the other parties
will not be construed as nor will it constitute a continuing waiver of such provision or
a waiver of any other breach of or failure to comply with any other provision of this
agreement.
8. Term; termination. This agreement is effective on execution by all three parties and
will terminate one year from the date of execution of the latest amendment hereto or
on the written agreement of all three parties.
IN WITNESS WHEREOF, the parties have caused the agreement to be duly executed
intending to be bounded thereby.
(Signature page follows.)
Nine Mile Creek Watershed District-Housing and Redevelopment Authority of Edina-City of Bloomington
Pentagon Park study 5
Exhibit A
Pentagon Park/Border Basin Study Area
Nine Mile Creek Watershed District-Housing and Redevelopment Authority of Edina-City of Bloomington
Pentagon Park study 7
Exhibit B
Scope of Work - Pentagon Park/Border Basin Regional Stormwater Management
November 9, 2016
Nine Mile Creek Watershed District-Housing and Redevelopment Authority of Edina-City of Bloomington
Pentagon Park study 8
'-\....., Creek Centerline
:,..1-a-n Municipal Boundary
(Ell District Legal Boundary
Tributary Drainage Area
Nine Mile Creek
Centennial Lakes
Border Basin
Study Area
1----] Study Area Parcels
e
Feet
800 0 800
EXHIBIT A
Pentagon Park/Border Basin Study Area
Nine Mile Creek Watershed District
Hennepin County, Minnesota
resourceful. naturally.
engineering and environmental consultants
November 9, 2016
Randy Anhorn
District Administrator
Nine Mile Creek Watershed District
12800 Gerard Drive
Eden Prairie, MN 55346
Re: Proposed Scope of Work: Pentagon Park/Border Basin Regional Stormwater Management
Plan
Dear Mr. Anhorn:
Thank you for requesting us to assist the Nine Mile Creek Watershed District (NMCWD) with this project.
This letter outlines a proposed scope of work, budget, and schedule to evaluate regional flood and
stormwater management options for the Pentagon Park/Border Basin area. The proposed scope of work
includes development of planning level cost estimates for up to three flood improvement alternatives and
preparation of stormwater management guidelines for future redevelopment in the Pentagon Park/Border
Basin area of Edina and Bloomington.
Background
The Pentagon Park/Border Basin Area is a commercial, office and industrial park area located just north of
Interstate 494 and east of Trunk Highway 100 within the cities of Edina and Bloomington. The area is
bounded on the north by the former Fred Richards Golf Course. The watershed tributary to the Pentagon
Park/Border Basin Area is approximately 700 acres, including
the Centennial Lakes watershed. There are two primary flow
paths through the area. Approximately 200 acres are tributary
to the ponds on the former Fred Richards Golf Course on the
north side of the Pentagon Park area, and 400+ acres are
tributary to the Border Basin (South Pond) located west of the
intersection of West 77th Street and Minnesota Drive along
the Edina/Bloomington border. Stormwater from both of
these ponding areas, and from the direct Pentagon Park
watershed, is collected by a 97-inch x 154-inch reinforced
concrete arch pipe that discharges to Nine Mile Creek The red box shows the Pentagon
approximately 900 feet downstream of the West 77th Street Park/Border Basin area in relation to the
Nine Mile Creek watershed.
crossing of the creek.
Much of the Pentagon Park/Border Basin area is low-lying and becomes inundated during large storm
events. Results from the Atlas 14 hydrologic and hydraulic model update completed by the District in
Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com
November 9, 2016
Page 2
2016 indicate that 100-year flood management elevations in the Pentagon Park area are considerably
higher than previously established flood elevations (ranging from 0.4 to 2.2 feet higher). Figure 6 from
Barr's January 20, 2016 memorandum to the NMCWD Board (Atlas 14 Revised Flood Management
Elevations) shows the 100-year flood inundation in the Pentagon Park area (enclosed).
On May 6, 2016, the NMCWD received a letter (enclosed) from the City of Edina requesting that the
NMCWD assist the City with addressing flood management issues resulting from the revised Atlas 14
flood management elevations and reaffirming the modeling methodology used to determine the Atlas 14
flood elevations. Although not specifically addressed in the May 6, 2016 letter, City staff has since
requested assistance from the NMCWD in addressing increased flood management elevations in the
Pentagon Park area. Significant portions of the Pentagon Park area are either currently undergoing
redevelopment or will be redeveloped in upcoming years, so addressing the situation in a timely manner
is important to the City and the District.
At the NMCWD May 18, 2016 Board meeting, the Managers discussed Edina's May 6, 2016 letter and
directed District staff and consultants to reaffirm the Pentagon Park Area modeling methodology and
results and continue to work with the City in developing a plan for addressing the potential flooding
issues in this area. Since then, Barr has reviewed the XP-SWMM model for the Pentagon Park area and
completed updates to the model to reflect the most recent elevation data available (2011 LiDAR data
from the Minnesota Department of Natural Resources). NMCWD and Barr staff attended a meeting on
July 6, 2016 with City of Edina staff to discuss stormwater management issues in the Pentagon Park area
and potential options for addressing these issues as the area redevelops. At the NMCWD July 20, 2016
Board meeting, the Managers directed staff to prepare a scope of work for addressing flooding and
stormwater management issues in the Pentagon Park Area resulting from the updated Atlas 14
precipitation frequency estimates and the proposed redevelopment. District and Barr staff attended a
meeting with City of Bloomington staff on August 5, 2016 to discuss the Atlas 14 flood management
elevations in the area and potential impacts to redevelopment.
Project Understanding
The Pentagon Park/Border Basin Area receives runoff from a drainage area of approximately 700 acres,
including portions of Edina, Richfield, and Bloomington. Portions of this area have historically been
inundated during large rainfall events due to the large drainage area, the low-lying nature of the area and
limited discharge capacity to the creek during large rainfall events due to tailwater impacts. 100-year
flood management elevations have increased since the Atlas 14 precipitation frequency estimates were
incorporated in the NMCWD's hydrologic and hydraulic model.
Significant portions of the Pentagon Park/Border Basin Area are expected to undergo redevelopment in
the near future. This includes the former Fred Richards Golf Course, for which a master plan development
process is underway by the City of Edina Parks Department. The recent increase in flood management
elevations in this area resulting from the Atlas 14 precipitation frequency estimates will pose a challenge
1 'F
November 9, 2016
Page 3
to redevelopment efforts, including significant site building constraints and regulatory restrictions that
may, in some cases, hinder redevelopment potential.
Given the increased flood risks and active redevelopment, the cities of Edina and Bloomington have
requested assistance from the NMCWD to develop a regional flood and stormwater management plan for
this area to identify options to alleviate flood risk and guide stormwater management for future
redevelopment. The plan will include consideration of storing additional stormwater upstream and/or on
the former Fred Richards golf course, planning for regional stormwater management opportunities, and
developing site development best practices to guide stormwater management as redevelopment occurs.
Although agreements are not formally in place, the intention is to pursue this project as a partnership
between the NMCWD and the cities of Edina and Bloomington.
Scope of Work
The proposed scope of work has been organized into six project tasks, which are described in further
detail below. Four stakeholder meetings (described in Task 6) will be held throughout the project.
Task 1 — Problem Definition
As previously described, Barr has already begun evaluating the flooding issue in the Pentagon
Park/Border Basin area to gain a better understanding of the problem, including the following tasks:
• Conducting a comparison of peak 100-year flood elevations within the study area using
precipitation frequency estimates from the U.S. Weather Bureau Technical Paper (TP) 40 (1961)
and the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 (2013), including
preparation of maps showing approximate inundation areas.
• Conducting meetings with staff from the NMCWD and cities of Edina and Bloomington staff to
present and discuss the flood comparison and related concerns, share information regarding
future redevelopment in the study area, and discuss the scope of a regional flood and stormwater
management plan.
• Updating relevant portions of the existing conditions XP-SWMM model used in the update of the
Nine Mile Creek flood profile to reflect the most recent topography dataset and building
footprints within the Pentagon Park/Border Basin study area.
As part of this proposed scope of work, Barr will further define the problem, including the following
tasks:
1. Summarizing the runoff volume contributed to the redevelopment area by the upstream area.
2. Summarizing the peak flows to and from the Pentagon Park/Border Basin area.
3. Summarizing the peak flood elevation and inundation volume for each parcel within the
redevelopment area for the 10- and 100-year frequency storm events.
4. Compiling a comparison of these elevations to existing structures within the redevelopment
area.
5. Reviewing historic aerial photos to determine historic wetland areas within the study area.
November 9, 2016
Page 4
Task 2 —Evaluation of Flood Improvement Scenarios
Task 2 encompasses identification and evaluation of improvement scenarios to decrease flood elevations
within the Pentagon Park/Border Basin area. The NMCWD will work closely with city staffs through a series
of meetings to evaluate the feasibility, effectiveness, and downstream impacts of identified improvement
scenarios. Potential scenarios may include:
a. Increased storage in the upstream contributing area
b. Diversion of runoff from the upstream contributing area to a different creek outfall
c. Increased regional storage within the redevelopment area
d. Restoration of historic wetlands within the study area to attenuate flow rates
e. Increased outflow conveyance at the downstream end of the redevelopment area
This work task includes the following activities:
1. Evaluating the effectiveness of preliminary flood improvement scenarios using the NMCWD XP-
SWMM model.
2. Refining improvement scenarios based on stakeholder feedback (Stakeholder Meeting #1),
including additional modeling and summarizing the results.
3. Preparing planning-level opinions of probable cost for construction for up to three flood
improvement scenarios.
Task 3 — Evaluation of Regional Stormwater Treatment Scenarios
Task 3 encompasses identification and evaluation of options to provide regional stormwater treatment
within the Pentagon Park/Border Basin area, including volume control and water quality treatment.
Regional stormwater treatment would allow developers to "buy in" to regional treatment systems in lieu
of designing and implementing systems for each individual parcel amid complicated site constraints. This
work task includes the following activities:
1. Identifying and evaluating opportunities for regional stormwater volume control and water
quality treatment, such as infiltration opportunities and/or stormwater storage and re-use.
Preliminary ideas will be identified and discussed at Stakeholder Meeting #2.
2. Quantifying volume control and water quality treatment benefits using P8, the MIDS calculator, or
other appropriate models.
3. Discussing and addressing potential conflicts and pathways for conformance with NMCWD rules.
4. Refining regional stormwater volume control and water quality treatment scenarios based on
Stakeholder Meeting #3.
5. Preparing planning-level opinions of probable cost for construction for up to two regional
stormwater treatment scenarios.
Task 4 — Prepare Regional Redevelopment Design Guidelines
This work task includes development of regional redevelopment design guidelines that identify specific
stormwater management requirements and/or options for future private redevelopment within the
Pentagon Park/Border Basin study area. The design guidelines will include discussion on implementation
November 9, 2016
Page 5
of and conformance with the District's stormwater management rules. Draft redevelopment design
guidelines will be presented to stakeholders, including city staff and interested private development
representatives, and finalized based on stakeholder feedback.
Task 5 — Prepare Regional Stormwater Management Plan/Report
Task 5 includes development of a regional stormwater management plan, documenting the analysis and
recommendations for flood improvements and regional stormwater management. The plan will also
discuss/document management policies and maintenance agreements. This work task includes the
following activities:
1. A draft regional stormwater management plan document for review by stakeholders
2. A finalized regional stormwater management plan
Task 6 — Stakeholder Involvement
This work task includes conducting four stakeholder meetings, which will be held at Barr Engineering Co.
The meetings are summarized further below
1. Conducting Stakeholder Meeting #1 with NMCWD and City staff to present problem background
and description, discuss analysis and results of preliminary flood improvement scenarios and
solicit feedback on refinements to flood improvement scenarios.
2. Conducting Stakeholder Meeting #2 with NMCWD and City staff to discuss modeling results and
cost estimates for evaluated improvement scenarios. The meeting will also include discussion
regarding regional stormwater treatment options for future redevelopment within the study area
and preparation of redevelopment design guidelines that align with the regional stormwater
management plan.
3. Conducting Stakeholder Meeting #3 with NMCWD, City staff, and interested private development
representatives to discuss regional treatment opportunities within the study area and preparation
of redevelopment design guidelines.
4. Conducting Stakeholder Meeting #4 with NMCWD, City staff, and interested private development
representatives to review and provide feedback on draft report and draft redevelopment design
guidelines.
5. Conduct presentation to NMCWD Board of Managers
6. Conduct study sessions (2) with Bloomington and Edina City Councils
November 9, 2016
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Project Schedule and Meetings
Table 1 outlines the proposed project schedule. Work shall commence immediately upon agreement
to this scope of work.
Table 1. Proposed project schedule.
bask Name Estimated Completion Date
November 2016 Stakeholder Meeting #1
Stakeholder Meeting #2 January 2017
Stakeholder Meeting #3 March 2017
Completion of Draft Regional Redevelopment Design Guidelines &
Draft Regional Stormwater Management Plan/Report April 2017
Stakeholder Meeting #4 April 2017
Study Sessions with City Councils May 2017
Completion of Final Regional Redevelopment Design Guidelines & Draft
Regional Stormwater Management Plan/Report
May 2017
Project Budget
The estimated cost to complete the proposed scope of work is $ 56,500. The scope of work and cost
estimate can be revised at any time as the project proceeds. The proposed work described will be
conducted on a time and expenses basis.
Table 2 Proposed project budget
Task
, Task Name Estimated Budget stimated
Hours
1 Problem Definition 50 $4,500
2 Evaluation of Flood Improvement Scenarios 106 $12,000
Evaluation of Regional Stormwater Treatment 3 Scenarios 80 $9,500
Prepare Regional Redevelopment Design Guidelines 90 $9,000
Prepare Regional Stormwater Management 5 Plan/Report 70 $7,500
6 Stakeholder Involvement (4 meetings) 110 $14,000
Subtotal 506 $56,500
November 9, 2016
Page 7
Thank you for the opportunity to assist the District, Cities, and private developers/property owners
with this important project. Please contact Janna Kieffer if you have any questions about this
proposal at (952) 832-2785 or jkieffer@barr.com.
Sincerely,
Robert Obermeyer P.E.
Vice President
Barr Engineering Co.
Enclosures