10.b1 MOU with CMSCWD for Bliss Stormwater Management ProjectStaff Report
Date of Meeting: January 17, 2023
To: Mayor and City Council
From: Anne Hurlburt, Interim City Administrator
Re: Memorandum of Understanding (MOU) with Carnelian Marine St.
Croix Watershed District (CMSCWD) for Bliss Addition Stormwater
Retrofit Project
Action Requested:
Approve the MOU, with the condition that final plans shall be approved by the City Engineer.
Background:
CMSCWD Administrator Isensee will be present at the January 17 Council meeting via Zoom to
answer questions about the project and the MOU. The MOU has been reviewed and approved
by the City Attorney.
Attachment:
• Memo Dated January 3, 2023 from CMSCWD Administrator Mike Isensee
• Memorandum of Understanding (MOU)
@Nft�00�MS �ftwo
154 *, PeYA,
Carnelian-Marine-St. Croix Watershed District
11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451
TO: Scandia City Council
FROM: CMSCWD Administrator Isensee
DATE: 1/3/2023
SUBJECT: Bliss Addition Water Quality and Drainage Improvement Project MOU
Background
In May, 2022 the Carnelian Marine St. Croix Watershed District was awarded a Clean Water Fund Grant
to engineer and construct the stormwater management facilities identified in the 2019 Bliss Addition
Stormwater Planning Report.
At the August 3, 2022 Scandia City Council Work Session Administrator Isensee provided an overview of
resident and city staff input, the components of the memorandum of understanding between the City
and the Watershed, and the potential stormwater management facilities and drainage improvement
projects to be completed as part of this project.
Over the past four months the District has continued to engage City Staff and residents in the design of
the projects. The following tours and meetings have occurred concurrent with plan development:
• Pre -Design Residents Field Tour June 16, 2022
• City Staff Coordination Meeting July 14, 2022
o Scandia City Council Project Overview August 3, 2022
• Public Input Meeting at Scandia City Hall August 17, 2022
• Preliminary Basin Staking and Resident Tour October 13, 2022
■ 30% Plan Review with City Staff November 4, 2022
• 60% Plan Review with City Staff December 20, 2022
The final construction documents will be completed January 13, 2023. The final public input meeting is
scheduled at Scandia City Hall on Thursday, January 19th, 2023. Solicitation for bids will be posted in
January.
Memorandum of Understanding
City Council is requested to approve the final Memorandum of Understanding that has been reviewed
by legal counsel from the Carnelian Marine St. Croix Watershed District, City, and State of Minnesota
Board of Water and Soil Resources (grantor).
Wade Johnson, President • Mike White, Treasurer • Paul Richert, Secretary
Managers: Tori Dupre 9 Ann Warner 9 Andy Weaver 9 Kristin Tuenge
MEMORANDUM OF UNDERSTANDING
Between the
CARNELIAN -MARINE -ST. CROIX WATERSHED DISTRICT
And the
CITY OF SCANDIA
For the
INSTALLATION AND MAINTENANCE OF THE BLISS ADDITION STORMWATER
QUALITY IMPROVEMENT PROJECT
ARTICLE I
Background, Introduction, and Purpose
The Carnelian -Marine -St. Croix Watershed District ("District" or "CMSCWD") intends
to install pretreatment, bioretention basins, enhancement infiltration ditches, and filtration
facilities within the drainage areas of 189th Street North, 1901h Street North, Larskpur
Avenue North, Layton Avenue North, and 192nd Street North detailed in Exhibit A,
hereinafter referred to as the "Project," which is attached hereto and incorporated by this
reference. 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".
2. The CITY has indicated acceptance of the District's plan to install the Project and conduct
related monitoring activities on the City Property.
The Project shall be paid in part through a Minnesota Clean Water Fund Grant ("Grant").
4. 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.
5. 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 to install Project on the City Property for purposes of reducing
phosphorus and sediment in runoff from 1891h Street North, 190th Street North, Larskpur
Avenue North, Layton Avenue North, and 192nd Street North; and surrounding catchment
areas to Big Marine Lake and Bliss Addition.
2. CITY agrees that CMSCWD may install the Project on the City Property in the areas
demonstrated on the plans attached to this MOU and incorporated herein. Said
installation shall be at the expense of CMSCWD. 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.
3. CITY agrees to allow CMSCWD and its agents to access the City Property depicted on the
attached plans for purposes of installing and maintaining the Project at reasonable times.
CMSCWD shall provide CITY reasonable notice before accessing the City Property for
any reason and shall apply for and obtain a Right of Way permit from the City for all
activities occurring within the City's Right of Way. Upon such notice, CITY agrees to
communicate with CMSCWD if there are planned activities at the time of Project
installation or monitoring in an effort to minimize interference with the CMSCWD's
activities under this Agreement. CMSCWD shall install the Project in a manner that will
not obstruct or interfere with the use of the public right-of-way, including drainage and
right-of-way use by other utility providers, including the CITY. 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 installation or 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.
4. CMSCWD will provide project management services to complete the Project. CMSCWD
will schedule, implement, and oversee all contractor activities necessary to complete the
Project.
5. CMSCWD 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 $1,500,000. 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
6. CMSCWD 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.
7. CMSCWD 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.
CMSCWD will further conduct site visits for the evaluation project performance,
completion of contractor inspections, and the acceptance of work.
8. CMSCWD will complete all compliance reporting, grant administration, and record
retention following State of Minnesota requirements
2
9. CMSCWD shall use Grant funds to pay for all initial costs, including all costs associated
with plan development of the Project. Once the Grant funds are exhausted, CMSCWD and
the CITY agree to equally share the costs of engineering and construction. CMSCWD
shall provide an accounting of the Grant funds expended with proof of invoices and
payments. Once Grant funds are fully expended, the parties agree to the following process
for payments:
a. CMSCWD will directly reimburse contractors for approved expenses;
b. CMSCWD will submit copies of contractor invoices and proof of payments to
CITY; and
c. CITY will reimburse CMSCWD for one-half of the payment within 45 days.
ARTICLE IV
Maintenance
10. Stormwater Management Facilities will be specifically defined after 30% plans are
prepared, and after CMSCWD holds a public meeting for purposes of gathering public
input for the Project..
11. The CMSCWD will maintain the Stormwater Management Facilities, per section 13 for
the first 2 full growing seasons following the Project completion. CITY will take over
maintenance in year 3 for the remainder of the 25 -year life of the project. At the time of
signing this MOU, it is anticipated the Project will be completed in the year 2023. and
CMSCWD will be responsible for maintenance in the years 2024 and 2025; and the
CITY will be responsible for maintenance beginning in the year 2026.
12. Maintenance as is required in sections 11 and this section, 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Should the CITY fail to maintain the Project during its effective life, the CITY is liable to
the State of Minnesota for the amount up to 150% of the amount of financial assistance
received to install and establish the practice unless the failure was caused by reasons
beyond the CITY's control, or if conservation practices are applied at the CITY's expense
that provide equivalent protection of the soil and water resources.
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.
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. Ia(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. 1 a.
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 1 a 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
4
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, 2049, 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 of Scandia 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 of Scandia 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.
CITY OF SCANDIA
Loan
Its Mayor
By:
Its CITY Clerk
APPROVED AS TO FORM:
/s/ Xwin S. Sandotwm. Date: January 12, 2023
CITY Attorney, City of Scandia
CARNELIAN -MARINE -ST. CROIX WATERSHED DISTRICT
By:
Its President
By:
Its Secretary
APPROVED AS TO FORM
Date:
Attorney for Carnelian -Marine -St. Croix Watershed District