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10.a MOU between City and CMSCWD - 196th St Stormwater Basin Staff Report Date of Meeting: February 20, 2024 For: Honorable Mayor and Council From: Kyle Morell, City Administrator Subject: MOU between City and CMSCWD - 196th St Stormwater Basin Background: 196th St N. is scheduled to be reconstructed as part of the 2024 Street Improvement Project. This road is located west of Maxwill Ave. N. on the east side of Big Marine Lake. The City, its engineers, and the Carnelian Marine St. Croix Watershed District have been working with the property owners to better manage stormwater in the area. The City owns an easement from 196 th St. to Big Marine Lake (shown in blue in the picture below). The Watershed and the City have discussed installing a bioretention basin for stormwater quality improvement on the City easement. The basin will be installed on the easement during the road project and fed by a new culvert under the road at the curve between 12160 and 12140. The watershed will install/amend infiltration soils and establish vegetation by seeding and planting appropriate vegetation. They also propose paying for half of the culvert and basin installation cost. The total cost of the project is $24,610. The City’s obligation would be $12,605.00. The City Engineer has assisted the Watershed in the development of this plan. He has also been in contact with each of the neighboring property owners at 12140 and 12160, who support the project. Request: The Watershed requests the City sign the attached MOU, obligating the city to $12,605.00 in project cost and ongoing maintenance of the basin through a contract with the Washington County Conservation District maintenance crew cleaning and maintenance of the basin. The cost of the basin can be paid for out of the 408 CIP fund. Options: 1) Approve MOU for the Installation and Maintenance of the 196 th St. Bioretention Basin 2) Reject the MOU 3) Table for further discussion Recommendation: Option 1 Attachments: Memorandum of Understanding between the City and the Carnelian Marine Watershed District for Installation and Maintenance of the 196th St Bioretention Basin MEMORANDUM OF UNDERSTANDING Between the CARNELIAN-MARINE-ST. CROIX WATERSHED DISTRICT And the CITY OF SCANDIA For the INSTALLATION AND MAINTENANCE OF 196TH STREET BIORETENTION BASIN FOR STORMWATER QUALITY IMPROVEMENT ARTICLE I Background, Introduction, and Purpose 1. The City of Scandia (“CITY”) intends to implement a 2024 Streets Project, whereby the City will install a new culvert and grade a basin footprint within the right of way of 196 th Street North. 2. The Carnelian-Marine-St. Croix Watershed District (“CMSCWD”) intends to complete the basin construction by installing infiltration/filtration soils and establishing native vegetation within the basin footprint. 3. The CMSCWD and City have jointly evaluated water quality improvement opportunities that could be implemented during the 2024 Streets Project. 4. CMSCWD and the City have agreed to install a shallow bioretention basin next to 196th Street which will treat 8.73 acres of drainage water before it eventually discharges to Big Marine Lake, which is more fully detailed in Exhibit A (“Project”). 5. Said Project is located on property owned by the City of Scandia (“CITY”) and within Scandia right-of-way (collectively, the “City Property”). CMSCWD and the CITY may be referred to in this Memorandum of Understanding individually as “Party” or collectively as the “Parties”. 6. CMSCWD has indicated acceptance of the CITY’s plan to install the Project during implementation of the City’s 2024 Streets Project. 7. CITY has indicated acceptance of CMSCWD’s monitoring activities on the City Property during installation of Project, plan to complete the basin and establish native plantings within the basin, and monitor City maintenance of Project after plant establishment. . 8. The Project shall be paid by CITY and CMSCWD as described in Article III of this Memorandum. 9. This Memorandum of Understanding (“MOU”) establishes requirements, procedures, and processes for guiding the activities and decisions of the District and the CITY in matters relating to the Project. 10. Both parties recognize that the objectives of this MOU can best be realized through close coordination and cooperation. ARTICLE II Installation of Project 1. CMSCWD desires the CITY to install Project on the City Property for purposes of reducing phosphorus and sediment in runoff from 196th Street North; and surrounding catchment areas to Big Marine Lake. 2. CITY agrees to install the Project on the City Property in the areas demonstrated on the plans attached to this MOU and incorporated herein. 3. CITY will provide project management services to complete the Project. CITY will schedule, and implementall contractor activities necessary to complete the Project. CMSCWD will implement and oversee contractor’s implementation of Project. 4. CITY shall ensure that any contractor installing the Project or performing any work on the City Property maintains commercial general liability insurance that has a policy limit of at least $2,000,000. The contractor shall list and provide a certificate of insurance to CMSCWD and the CITY listing each as additional insured. ARTICLE III Payment of Project 5. CITY agrees to be responsible for all plan development of the Project, bidding of the Project in accordance with Minnesota law, and construction of the Project, including payment requirements pursuant to Minnesota law. 6. CITY will administer all contracts and purchasing to complete the objectives of the Project, including preparing and advertising all Request for Proposals (RFPs) and executing contracts with awarded contractors following State of Minnesota requirements. CITY will further conduct site visits for the evaluation project performance, completion of contractor inspections, and the acceptance of work. CMSCWD will also conduct site visits for the evaluation of project performance, completion of contractor inspections, and will offer a recommendation to CITY on whether the work should be accepted. 7. The parties agree that payment for the Project shall be as follows: a. Scandia shall pay for 50% of the costs to install the culvert at 196th Street and grade the basin. At the time this Memorandum is executed, that cost is estimated at $24,610.00 b. CMSCWD shall pay for 50% of the costs to install the culvert at 196th street and grade the basin; and shall pay for 100% of the costs for Commented [MI1]: From the Engineer: I would request the CMSCWD assist in overseeing the construction of the basin to ensure accuracy with their future project. We don’t want them to come back to the City requiring additional help/work after 2024 project completion. Commented [MI2]: From the Engineer: Same comment as Article II, Item 3. Would request that CMSCWD share responsibility in project acceptance, so we ensure accuracy, and remove any possibility of the City being required to bring a contractor back. installing/amending infiltration soils and establishing vegetation in the basin footprint by seeding and planting. 8. The parties agree to the following process for payments: a. CITY will directly reimburse contractors for approved expenses; b. CITY will submit copies of contractor invoices and proof of payments to CMSCWD; and c. CMSCWD will reimburse CITY for one-half of the payment of culvert installation and grading of the basin, and 100% payment of seeding and planting within 45 days. ARTICLE IV Maintenance 9. Stormwater Management Facilities will be specifically defined after 30% plans are prepared, and after public meeting has occurred. 10. The CMSCWD will maintain the Project until January 1, 2026, which is the anticipated timeframe to establish native perennial vegetation free of noxious weeds within the Project basin. 11. Maintenance as is required in section 11 above, and as described in the “BWSR Native Vegetation Establishment and Enhancement Guidelines (January 2019 edition)” shall include (1) biannual removal of accumulated sediment, trash, leaves, and debris in water quality practices proper and in the pretreatment collection areas, (2) annual eradication of noxious weeds and invasive species, (3) installation of supplemental native vegetation, as needed, if barren areas form or if control of noxious or invasive species control exceeds 25% of the Project area, (4) repair of any areas of erosion, as needed, (5) inspection and removal of debris at inlet and outlet structures to ensure flow is not impeded and verification that the structures and pipes are functioning properly, and (6) replacement of nonfunctional filtration media impacted by sedimentation and with a measured infiltration rate less than 0.375 inches per hour. 12. All maintenance required to be performed by this MOU by the Parties shall be performed in a manner which shall be at the sole discretion of the party so obligated. 13. CMSCWD agrees that the use of the City Property is with CITY’s permission and not by adverse possession, prescriptive easement, or other entitlement and that CITY has not abandoned the City Property. This MOU does not convey any interest in real property to CMSCWD. 14. CITY agrees to allow CMSCWD and its agents to access the City Property depicted on the attached plans for purposes of maintaining the Project at reasonable times. CMSCWD shall provide CITY reasonable notice before accessing the City Property for any reason. Upon such notice, CITY agrees to communicate with CMSCWD if there are planned activities at the time of Project maintenance in an effort to minimize interference with the Commented [KM3]: So the City will now be responsible for maintaining the basin after 1/1/26? Is this the same agreement as the Bliss Stormwater basins? Commented [MI4R3]: That is correct. Yes that is the same for the Bliss Stormwater Basins. The CMSCWD uses the Washington Conservation District Maintenance Crew. They are a very low cost and effective option for maintaining these types of practices. I believe it was the intent to Public Works and Administration to establish an annual agreement with WCD to provide annual maintenance for the Bliss Basins. CMSCWD’s activities under this Agreement. CITY does not and cannot guarantee or warrant that CMSCWD’s access to the City Property will not be obstructed at the time of Project monitoring by CMSCWD due to other permitted right-of-way uses that may be happening on the City Property, including various construction activities by the CITY and its contractors. CMSCWD acknowledges that the CITY and its right of way users may enter the City Property at any time to conduct any activities in the discretion of the CITY. 15. Any Party performing maintenance pursuant to this MOU shall be responsible for payment of said maintenance, including payment to any contractors and/or subcontractors, pursuant to Minnesota Statute Section 471.425. 16. The CMSCWD will obtain all regulatory approvals required for maintenance activities CMSCWD is obligated to perform under this agreement and will notify the CITY at least 24 hours in advance of any maintenance activities requiring a lane closure or permit to complete work within the CITY right-of-way. 17. The CITY will obtain all regulatory approvals required for maintenance activities the CITY is obligated to perform under this agreement and will notify the CMSCWD when Stormwater Management Facilities are not operating as designed. ARTICLE V Indemnification 18. CMSCWD shall defend, indemnify, and hold harmless the CITY, its officials, agents, contractors, and employees, from and against all suits, demands, causes of action, liabilities, or claims for injury or damages of whatever nature, including personal injury, death, or damage to property, arising out of, or related to CMSCWD’s use of the City Property for the Project, or pursuant to CMSCWD’s obligations as outlined in this MOU, unless caused by the negligence or intentional acts or omissions of the CITY, its agents, officials, employees, and assigns in relation to the Project. 19. The CITY agrees that it will defend, indemnify and hold harmless the CMSCWD against any and all liability, loss, damages, costs and expenses which the CMSCWD may hereafter sustain, incur or be required to pay by reason of any negligent act by the CITY, its agents, officers or employees during the performance of this MOU. 20. To the fullest extent permitted by law, actions by the parties to this MOU are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a(b). The parties to this MOU are not liable for the acts or omissions of another party to this MOU except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 21. Each party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this MOU is controlled by Minnesota Statute 471.59, subdivision 1a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). ARTICLE VI Miscellaneous Terms 22. This MOU is effective when fully executed and will remain effective for 25 years from completion of the Project, or until January 1, 2050, whichever date occurs first. 23. The parties’ respective funding contribution amounts and any other roles or responsibilities under this MOU may be modified only by written agreement signed by all parties hereto. 24. This MOU may be terminated by written agreement signed by the parties. This MOU may also be terminated if any party fails to fulfill any of its roles or responsibilities under this MOU or modifications to this MOU. Provided that, if this MOU is terminated for any reason, the parties shall pay their portion of accrued allowable expenses. 25. The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor, subcontractor, or material suppliers. 26. This MOU represents the entire agreement between the CITY and CMSCWD regarding the matters provided herein and supersedes any prior oral or written agreements regarding the same. This MOU shall be effective immediately upon signature of the CITY and the CMSCWD and shall remain in effect until all Project are removed, the MOU is terminated by in accordance with paragraph 23, or the MOU is mutually terminated by both parties. REMAINDER OF PAGE INTENTIONALLY BLANK CITY OF SCANDIA By: Date: Its Mayor By: Date: Its City Clerk APPROVED AS TO FORM: Date: CITY Attorney, City of Scandia CARNELIAN-MARINE-ST. CROIX WATERSHED DISTRICT By: Date: Its President By: Date: Its Secretary APPROVED AS TO FORM Attorney for Carnelian-Marine-St. Croix Watershed District