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98-894Council File # �( aR��A� Presented by: Referred to: 3� Committee : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the City has been offered a$100,000 Water Qualiry Initiatives Grant from the Metropolitan CouncIl to help in restoring about nine acres of wefland at the site of the Phalen Shopping Center, and VJHEREAS, the CIB Committee has recommended funding this project, known as the Phalen Wetiand Restoration Project, Phase II, and WHEItEAS, the Phalen Wetland Restoration Project, Phase II provides a unique opportunity to restore a wetland in an urban setting, and WHEREAS, the project will create the following benefits: * It will become a neighborhood amenity * It will restore the site's natural stormwater cleaning funcuon * It will reduce non-point source pollution * It will enhance wildlife habitat * It will expand our understanding of how to achieve biodiversity in restored weflands * It will provide an environmental education resource. NOW THEREFORE BE TT RESOL'VED, by the City of Saint Paul that the City accepts the grant of $100,000 from the Metropolitan Council, and be it FTNALLY RESOLVED, by the City of Saint Paul that the City enter into the attached Agreement with the Metropolitan Council, and directs the proper City officiais to execute the Agreement on behalf of the City. Requested by Department of: W By: Form Approved by City Attorney Adoption Certified by Council Secretary By: Approved by M r:� ate � � " Green Sheet # 6 2 5 3 4 RESOLUTION CITY OF SAWT PAUL MiNNESOTA � � . • f � rf� � � i♦ • I�ayor to Covncil � 1 � � $ BY: Adopted by Council: Date �.� �q, � a r .�qu �EPAqTMENT/OFFlCEICOUNCIL DATEINITIATED GREEN SHEET NO. 6Z�.Y—.— P11b11C WOII'iS Sept. 15, 1998 I TIAL/DATE INITIAVDATE CONTACTvPE-R_SON&PHONE �DEPARTMENTDIBECTOR�_ �CINCOUNqL Ml�'iC11AJ5321 266-6249 ASSIGN ❑q C17VATTORNEY �,��3_ �CIT'CLERK NUMBER WR MUST BE ON COUNC�L AGENDA BY (DATE) R�U'CIfi6 � gllDGET DIRECTOR � FIN. & MGT. SERVICES DIR ORUEFi � MAVOR (OR ASSIST � TOTAL d OF SIGNATURE PAGE$ � (CLiP ALL LOCATIONS FOR SIGNANRE) � Division Manager g � DEPL ACCOUNiANT ACTION REQUESTED Approve the attached resolution authorizing proper City officials to execute an agreement accepting a$100,000 grant (see Exhibit A) from the Metropolitan Council to help fund the Phalen Wefland Restorauon, Phase II project. RECOMMENDAT70NS Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: A PLANNING COMMISSION CIVIL SEflVICE COMMISSION �. Has this persoNfirm ever worked under a contrac[ for this department? — — YES NO A Cf6 COMMITTEE 2. Has this persoNfirtn ever heen a ciry empbyee? — — YES NO � STAFF 3. Does this persoNfirtn possess a skill not nortnally possessetl by any current ciry — employee? A oISTRICTCOUNCIL YES NO SUPPOqTS WHICH COUNCII OBJECTIVE? Explain all yes answws o� separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WH1�: Saint Paul has been offered a$100,000 Twin Cities Water Quality Initiatives Grant from the Metropolitan Council to help restore about nine acres of wetland at the site of the Phalen Shopping Center. This resolution requests that the Ciry Council approve the g�ant and and the attached agreement. The agreement spec;fies conditions for receiving the Metropolitan Council's grant. ADVANTAGESIFAPPROVE�. The City will receive the grant money and the weUand will be restored. The restoration project will become a neighbarhood amenity, it will reduce non point source pollution, it will enhance wildlife habitat and it will provide an environmental education resource. DISADVANTAGES IF APPROVED: None � `�� Gcu^�a! �?ese�r�� Ce°��er - � �.= -- � � � S£� � 3 893� SEP � 9 � �>. _ _ � -;'�� : �� , DISA�VANTAGES IF NOT APPROVED' > ' Saint Paul will miss an oppor[unity to_ do aproject that will enhance whole neighborhood. We will aiso miss an opportunity to do something really uniqua to an urban area that will have a real positive environmental outcome. TOTALAMOUNTOFTRANSACT70N $ COST/REVENUE BUDGETED (CIRCLE ONE) YES No FUNDING SOURCE ACINffY NUMBER FINANC�AL INFORMAiION. (EXPLAIN) O ��C�j�Oi� � Contract No. SG98-83 TWIN CITIES WATER QUALITY INITIATIVE TECH�i TICAL PROJECT GRANT AGREE�NT BETWEEN THE METROPOLITAi�T COiT�"CIL A,�\TD THE CITY OF SAPi iT PAUL qd -�9'{ THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council") and the City of Saint Paul (the "Grantee"), each acting by and through its duly authorized officers. WFIEREAS, on November 18, 1993, the Council approved a memorandum of understanding {"MOU") between the Council, the former Metropolitan Waste Control Commission, and the Minnesota Pollution Control Agency ("MPCA"); and WHEREA5, the MOU requires that the Council establish an administrative process and eligibility criteria for projects that may be funded under a financial assistance program established in the MOU; and WHEREAS, pursuant to this requirement in the MOU, the Council has approved the Twin Cities Water Quality Initiative ("TCQI") Grant Program to provide financial assistance to reduce, control, and prevent nonpoint sources of pollution to metropolitan area rivers and streams, with a focus on the Mississippi, Saint Croix, and Minnesota Rivers; and WHEREAS, the TCQI Grant Program provides for TCQI Technical Pro}ect Crrants 6y which grantees use TCQI grant funds to implement and evaluate technical improvement projects designed to address nonpoint source pollution problems or control measures; and WI3EREAS, the Grantee is eligible to receive a TCQI Technical Project Czrant and has submitted an application for a TCQI Technical Project Grant; and WHEREAS, the Council has reviewed the application and desires to assist the Grantee by the award of a TCQI Technical Project Grant. NOW, THEREF012E, the Council and the Grantee agree as follows: L GRANTEE PERFORi�`it1NCE OF GRAlVT PROJECT 1.01 Grant Project Activities. The Grantee agrees to perform and complete in a satisfactory and proper manner the grant project as described in the Grantee's application for grant assistance, incorporated in this agreement by reference, and in accordance with the terms and conditions of this agreement. Specifically, the Grantee agrees to perform the work program activities described in Exhibit A, which is attached to and incorporated in this agreement. After the Work Plan described in pazagraph 5.01 has been approved by the Council, the Grantee agrees to conduct the work program activities in compliance with the approved Work Plan. The Grantee may engage contractors to perform work program activities with prior approval of the Council. However, the Grantee retains primary responsibility to the Council for performance of the grant project. 1.02 lVlaterial Representations. The Grantee aa ees that a11 representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated in this agreement by reference. L� � � qd • �9�f II. AUTHORIZED USE OF GRANT PROCEEDS AND MATCffiNG FI tNDS 2A1 Authorized Uses. The Grantee is authorized to use the grant funds only in payment of the line item costs, with no greater than a ten percent (10%) variance from the budgeted line item cost, as specified in Exhibit B which is attached to and incorporated in this agreement. No other use of grant funds is permitted. Grant and matching funds may be used only for costs directly associated with grant project activiries. Grant and matching funds may be used to prepare the Work Plan required by paragraph 5.01 of this grant agreement. 2.02 Unauthorized iises of Grant Proceeds. Grant funds cannot be used to purchase land, buildings, or other interests in real property, or to pay overhead or indirect costs, legal fees, or permit, license, or other authorization fees, unless specifically approved in advance by the Council`s Grant Manager. 2.03 Reversion of TJnexpended Funds. All funds granted by the Council under this agreement that have not been expended for grant activities taking place during the Project Activity Period shall revert to the Council. 2.04 Project Equipment and Supplies. Grant and matching funds may be used to purchase or lease equipment, machinery, supplies, or other personal property directly necessary to conduct the grant project. The Grantee will comply with the personal properry management requirements described in paragraph 7.11 of this agreement. III. GRANT AMOUNT AND DISTRIBUTION 3.01 Total Grant Amount. The Council shall pay to the Crrantee a Total Grant Amount of $100,000. Provided, however, that in no event will the Council's obligation under this agreement exceed the lesser of: a. the Total Grant Amount of $100,000; or, b. seventy-five percent (75%) of total grant project expenditures. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee in performance of the grant project. 3.02 Grantee's Match. The Grantee has an obligation under this grant agreement to share in the costs of the pro}ect by providing at least a twenty-five percent (25%) cash or in-kind match. Accordingly, the Grantee agrees to provide $33,333 in matching funds during the Project Acfivity Period, in accordance with the Council's Guidelines and Application Materials dated January, 1995 and incorporated in this agreement by reference. The Grantee agrees that there will be no reduction in the monetary amount of match unless there is at the same time a proportionate reduction in the Total Grant Amount. 3.03 Distri6ution of Grant Funds. Grant funds will be distributed by the Council as follows: a. Along with each quarterly report as provided in section 5.02, Grantee shall submit a reimbursement request for all expenditures made during the quarter in accordance with the grant project. The reimbursement request must include documentation evidencing the expenditures, as described in paragraph 4.01. -2- V q8 b. Reimbursable expenditures include only: 1. Direct staff costs figured on the current hourly rates of pay for all personnel employed by the Grantee in providing services for the grant project for the hours actually worked and paid to the personnel; and an amount in compensation for such employees' fringe benefits attributable and allocable to such hours. 2. Costs for equipment, supplies, and subcontracted services used in the grant project. Such equipment, supplies, and services must be obtained through comperitive quotes, competitive bidding, or other competirive process that gives assurance that the costs incused are reasonable. 3. Costs for purchase of easements, conservation tillage contracts, or other such agreements in accordance with the grant project. c. Total reimbursement of expenses in any calendar year shall not exceed 110 percent of the amount budgeted in Exhibit C for such year unless authorized by the Grant Manager. d. Upon review and approval of the reimbursement request, the Council will distribute to the Grantee the approved reimbursement request amount. No payment will be made which would cause the Total Grant Amount to exceed seventy-five (75%) of projected total project costs. No payment will be made if the Grantee is not cunent in its reporting requirements under article V. Distribution of any funds or approval of any report is not to be construed as a Council waiver of any Grantee noncompliance with this agreement. IV. ACCOUNTING AND RECORD REQLTIREMENTS 4.01 Documentation of Project Costs and Income. All costs charged to the grant project, whether paid with grant proceeds or charged as the Grantee's match, must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, or vouchers, evidencing in detail the nature and piopriety of the charges. 4.02 Accounts and Records. The Grantee agrees to establish and maintain accurate, detailed, and complete separate accounts and records relating to the receipt and expenditure of all grant funds and the Grantee's Match required by this agreement, including all project documents, financial zecords, supporting documentation, and the property records required by paragraph 7.11. These project accounts and records shall be retained intact by the Grantee for at least three (3) years following the end of the Grant Period set forth in article VI, paragraph 6.02, below. Records relating to the installation, operation, and maintenance of best management practices must be maintained £or at least three (3) years beyond the design or useful life whichever is longer. These requirements shall survive close-out of the grant agreement. 4.03 Audit. The Grantee agrees to keep and maintain books, records, documents, and other evidence pertinent to its per£ormance under this agreement in accordance with generally accepted accounting principles and practices, consistently applied. Such books, records, documents and other evidence will be maintained until the latest of: 1. Complete performance of this agreement; or 2. Three (3) years following the Grant Period; or 3 �� a�-�� 3. If any litigation, claim, or audit is commenced during said three (3) year period, when a11 such litigation, claims or audits have 6een resalved. Dunng the time of such maintenance, authorized representatives of the Council (and the Legislative Auditor and/or State Auditor in accordance with Minn. Stat. § 16B.06, subd. 4) will have access to all such books, records, documents, accounting practices and procedwes, and other evidence for the purpose of inspection, audit, and copying during normal business hours. The CCrantee wilt provide proper facilities for such access and inspection. These requirements shall survive close-out of the grant agreement. V. REPORTING AND M0IYITORING REQIIIREMENTS 5.01 Work Plan. The Grantee shall prepare and submit a detailed work plan for Council approval within forty-five (45) days of execufion of this grant agreement. The Work Plan shall be in the format specified by the Council and shall contain the level and types of information required by the Council. The Wozk Plan shall include the specific geographic area and water resources affected by the grant project, the tasks to be undertaken together with schedules and costs, the sources and amount of the match to the grant, a detailed budget, and the individuals responsible for the tasks. The Grantee agrees to submit a monitoring plan, a quality control plan, and other information requested as a condition of approval ofthe Work Plan. 5.02 Quarterly Reports. Grantee shall submit quarterly reports to the Council for review and approval. Each quarterly report is due within thirty (30) days after the end of each calendar quarter. Each quarterly report shall include a detailed summary of completed work activities and project expenditures, including a comparison of actual activities and expenditures against planned activities and projected expenditures. The Council may prescribe the format of such reports. 5.03 Final Report. Upon complerion of the project and not later than two (2) months after the end of the Project Activity Period, the Grantee must submit a final report for Council review and approval describing the activities and expenditures for the project and containing a final accounting of grant and matching expenditures. The final report must include a list of project personal property as required by paragraph 7.11. 5.04 Content of Reports. The Grantee agrees to report completely and to provide the Council with any additional or follow-up information as may be requested by Council staff. 5.�5 Copies. The Grantee agrees to provide copies of the reports specified in this Article V to organizations and individuals upon request during the Grant Period. 5.06 Other Monitoring Activities. To assist the Council in monitoring compliance with the grant agreement, the Grantee agrees to attend Grantee meetings as requested by Council staff and to permit site visits by Council staff, during business hours, upon reasonable notice. The Grantee agrees to submit to the Council a copy of any promotional information regarding the grant project disseminated by the Grantee during the Grant Period. 5.07 Changed Conditions. The Grantee agrees to notify the Council immediately of any change in condifions, local law, or any other event that may affect the Grantee`s abitity to perform the grant project in accordance with the terms of this agreement. VI. TIMING REQiJIREME�TTS -4- � ag -t9y 6.01 Project Activity Period. The Grantee agrees to complete the work program activiries described in Exhibit A by no later than December 1, 2001 (the "Project Activity Period" end date). The Council will not reimburse the Grantee for any project activities taking place before this grant was awazded by the Council or after the end of the Project Acrivity Period. 6.02 Grant Period. The Grant Period shall extend from the date of final execurion of this agreement to a date three (3) months following the end of the Project Activiry Period, to permit close-out of the grant agreement. VII. GENERAL CO�TDITIONS 7.01 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by authorized officers of the parties to this agreement. 7A2 Termination by Council. The Council may terminate this grant agreement at any time by providing Grantee written notice of such termination at least thirty (3Q) days prior to the effective date of such termination. Upon such termination Grantee shall be entitled to compensation for all reimbursable expenses in accordance with this grant agreement which were incuned prior to the effective date of the terminarion. 7.03 Noncomptiance by Grantee. If the Council finds that there has been a failure to comply with the provisions of this agreement, the Council may terminate the agreement at any time following seven (7) days' written notice to the Grantee and upon failure of the Grantee to cure the default within the seven-day period. If the Council finds that the Grantee's noncompliance is willful and unreasonable, the Council may terminate or rescind this agreement and require the Grantee to repay the grant funds in full or in a portion determined by the Council. Nothing herein shall be construed so as to limit the Council's legal remedies to recover grant funds. 7.04 Unauthorized Use of Grant Proceeds. Upon a finding by Council staff that the Grantee has made an unauthorized or undocumented use of grant proceeds, and upon a demand for repayment issued by the Council, the Grantee agrees to promptly repay such amounts to the Council. 7.05 Indemnification. The Grantee assumes liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents, from and against all losses, damages, expenses, liability, claims, suits, or demands, including wlthout limitation attorney's fees, arising out of, resulting from, or relating to the performance of the b ant project by Grantee or Grante�s employees, agents, or subcontractors. 7.06 Public Data. The Grantee agrees that the results of the grant project, the reports submitted, and any new information or technology that is developed with the assistance of this grant is in the public domain and may not be copyrighted or patented by Grantee. 7.07 Equal Employment Opportunity; Affirmative Action. The Grantee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particulaz, the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this project because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect -5- � i��. n/... q$-�� to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. Grantee further agrees to take affirmarive action to include targeted group businesses in the performance of this agreement, wherever possible. 7.08 Acknowledgment. The Grantee shall appropriately aclmowledge the grant assistance made by the Council in any promotional materials, reports, and publications relating to the grant project. 7.09 Compliance with Law. The CTrantee aa ees to conduct the grant project in compliance with all applicable provisions of federal, state, and local laws. 7.10 Permits and Approvals. The Grantee is responsible for obtaining all local and state permits, licenses, and authorizations necessary for the grant project. 7.11 Personal Property Management. Title to all personal property acquired with grant or matching funds shall remain with the Grantee during the Grant Period. Accordingly, the Grantee shall take reasonable measures to protect and defend its title interest and shall keep the personal property free and clear of any liens, encumbrances, or other claims. The Grantee must maintain property records that include, at a minimum, a description of the property, a serial or other identification number, the acquisition date and cost, and the location, use, and condition of the property. In the final report required by pazagraph 5.03, the Grantee shall include a list of a11 personal property acquired with grant and matching funds which was not expended in performance of the grant project. At the end of the Grant Period, the Grantee agrees to transfer title to all personal property acquired in whole or in part with grant funds to the Council, at the Council's option, at no charge. The Council reserves the right to direct appropriate disposition of all personal property, acquired in whole or in part with grant funds, which has not been expended in performance of the grant project. During the Grant Period, the Grantee bears the risk of loss of, damage to, or destruction of any personal properry acquired with grant or matching funds. No such loss, damage, or deshuction shall relieve the Grantee of its obligations under this agreement. The Grantee agrees to maintain personal property acquired with grant or matching funds in good operating order. If, during the Project Activity Period, any project personal properiy is not used in performing the project, whether by planned withdrawal, misuse, or casualty loss, the CTrantee shall immediately notify the Council's Grant Manager. Unless otherwise approved by the Council's Grant Manager, the Grantee shall remit to the Council a proportional amount of the fair market value of the item(s), if any, determined on the basis of the proportion of Council grant funds used to acquire the item(s). 7.12 Effect of Project Close-out. The Grantee agrees that pro}ect close-out does not invalidate continuing obligations imposed on the Grantee by this agreement. Project close-out does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. 6 �� a8' -t9y IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. CITY OF SAIN'P PAUL By. Mayor Date: By. D'arector, Department of Planning & Economic Development Date: By. Budget Director Date: Approved as to form: By: Assistant City Attorney Date: METROPOLI'I'AN COUNCIL � Keith Buttleman, Director Environmental Planning and Evaluation Department Environmental Services Division Date: Approved as to form: � Metropolitan Councii Office of General Counsel -7- 9� '�`t EXHIBIT A—WORK PROGItAM IV. 5tatement of Objectives: A. Design and Engineering: The wetiand and landscaping around it will be designed to provide wildlife habitat and demonstrate how such wetlands can filter stormwater while being an important urban amenity: The project will also be designed to achieve biodiversity in an urban wedand restoration. Finally, the design will be compatible to the overall Phalen concept plan. B. Project Consfruction: Construction will be elosely monitored to achieve the desired results of the design. Excavation will create a wetland and a path that will welcome visitors to observe and study the completed project. C. Wetland Planf Management: I,ong term wedand management is critical to the success of a restored wetland. The first few yeazs are the most important as the planted plants must compete with weeds and other invasive plants for suzvival. A three year plant management contract will be let to insure that desired plants will get firmly established. Timeline for Completion of Objectives: Objective A: Design and Engineering Objective B: Pro}ect Construction 1/97 U98 U99 U00 X� X XX XX Objective C: Wet]and Plant Management V. ObjectiF�es/O utcome: A. TiBe of Objective/Outcome: Design and Engineering A.1 Aetivity: Preliminary Design XX-> A.l.a. Context within the project: Preliminary design is a key to the success of the project. Urban wedand areas have been greatly degraded in the last century of urban development. While understanding of the importance and broad public benefit of wetiands and wefland testorations is increasing, wetland restoration in this kind of urban environment is raze. Common wetland restoration practices have generally been inadequate to achieve biodiversity that resembles natutal wetlands. This project is being done in partnership with the DNR and leading wetland experts we are fortunate to have at the University of Minnesota, including Dr. Joan Nassauer, University Of Minnesota Degt, of Landscape Architecture (now at the University of Michigan) and Dr. Sue Galatowitsch, University of Minnesota Dept. of Horticulture. Together, they wiil study and expand our understanding of how to achieve biodiversity in wetland restoration. The preliminary design will also show how this restored wetland can be incorporated into an overall glan for the Phalen concept plan. The goal of the Phalen concept plan is to transform the area from one that is a blighting influence harmful to property values in surrounding neighborhoods into a safe, stable, attractive A-1 q� 'd'9`f community center that meeLS neighborhood needs and is an asset to the East Side. To do that, [he plan includes a package of bold, interrelated actions: to create an urban village with balanced housing op[ions and a commerciai presence reconstituted both geographically and in terms of mazket. It also creates a stronger connection to Lake Phalen and the natural landscape, with a wetland park and public open space system, it adds a significant amenity and value to the area provides access to transit, jobs and job training. A.1.6. Mefhods: Common urban storm water managemenY practices involve making sure storm water piper are lazge enough and, more recently, providing storm water detention basins to slow the rate of runoff. The Phalen wedand project represents a new and much more ecological approach to urban storm water management. The wetiand will be designed to filter and clean storm water and at the same time to provide valuable habitat for witdlife and an amenity for the surrounding neighborhood. A.1.c. Bud�et: A.l.d. Timeline: 6/97 1/98 6/98 Product #1: Preliminary Design XX A.l.e. Workprogram Update: March 1, 1998 Professor Joan Nassauer and Barr Engineering were selected to develop a preliminary design. Fred Rozumaliski, a former student of Professor ioan Nassauer, is responsible for this design. During the fall of 1997, Fred and Joan developed the preliminary plan. This activiry has been completed. A. Titte of ObjecfivelOufcome: Design and Engineering A.2 Activify: Engineering, Grading Plan and Inspection A.2.a. Context within the projecf: Using the guidelines developed in the preliminary design, engineers will prepaze design and specifications for grading and site amenities such as paths and lighting. Close inspection during construction by the design team will insure that site grading and related construction is done according to the detailed plans and specifications. A.2.b. Methods: This part of the design wall follow the guidelines developed in the preliminary design and nationally accepted standards for the design of wetlands which are based on the results of the Nationwide Urban Runoff Program (USEPA, 1983} . A-2 Q8 -�9`t A.2.c. Budget: A.2.d. Timeline: 6197 ll98 6/98 U99 Product #1: Plans and Specifications XXX A.2.e. Workprogram Updafe: March 1,1998 The design of the grading plan has started_ There aze many parameters to consider including: availability of ground and surface water, elevation of the water surface, amount of `bounce' in the water level, ADA requirements for access, safe siopes to the wetland, etc. June 1, 1998 The grading plan is finished. Plans are currently being reviewed by various agencies. A. Title of Objective/Outcome: Design and Engineering A.3 Activity: Planting and Management Plan A.3.a. Contexf within the projecf: The proper selection of plant materials is a key factor in achieving the goal of a biodiverse wetland. It will also be very beautiful and will hopefully encourage the development of more wetlands. A.3.b. Mefhods: Using the guidelines developed in the preliminary design, plant materials wiil be selected and positioned in the wetland plan. Special consideration will be given in selecting plant materials that aze compatible in a wefland environment, will coexist with the other piantings, will enhance wildlife habitat and aze visually appealing. A3.c. Budget: Grant Total A.3.d. Timeline: $ 0 0 20,000 0 $20,000 U98 6/98 Product #1: Plans and Specifications 0 $10,000 U99 XX X% A-3 98' -�`l A_3.e. Workprogram Update: July 1, 1998 Fred Rozumalski of Barr Engineering continues to develop a planting plan. Construction of ihe wetland will begin in the late summer of 1998. Final grading will be accomplished in the spring of 1999. To sta6ilize the site, a cover crop of oats or similaz annual plant will be ptanted once the initial grading is done. B. Tifle of Objective/Outcome: Project Construction S.1 Activity: Construction of Wetland #1 (Tennis Court Site) B.l.a. Context wifhin the project: This wetland is downstream of the wetland restored in the first phase. A pipe will be constructed under Maryland Avenue to bring water from the upstream wetland into this one. After passing through this wetland, water will flow to the wedand at Geranium Avenue and then on to the Ames Lake Wetland. B.l.b. Budget: B.l.c. Timeline: 6/98 1/99 6/99 1100 Product #1: Excavate and plant XXX B.l.d. Workprogram Update: July 1,1998 This site, located at the south east corner of Johnson Pazkway and Maryland Avenue, has four tennis courts that need to be relocated. The City's Parks Departrnent is trying to find an altemate site and budget to replace these courts. This site will not be restored this yeaz as originally planned. B. Title of Objectivel0utcome: Project Construction B.2 Activity: Construction of Wetland #2 (Geranium Avenue) B.2.a. Context within the project: This site is an existing wetland located at Geranium Avenue and }us[ east of the railroad berm. At the present time it is in very poor condition. Water from Lake Phalen will flow from Wetland #I to this one and then on to Ames Lake Wetland. A-4 9 g -�`I B.2.c. Budget: B.2.d. Timeline: Product #1: Purchase, excavate and plant B.2.e. Workprogram Update: 6/98 1/99 6/99 1/00 XXX July 1, 1998 There is a very degraded wetland at this site. It is also privately owned. The City is in contact with the owner and we expect that a purchase agreement wiil be signed in a coupie of months. Restoration will take place next spring. B. Title of ObjectiveJOutcome: Project Construction B.3 Acti�ify: Construction of Wefland #3 (Ames Lake Wetland) S.3.a. Context within the project: Tlus restoration wili use the south- central part of the Phalen Center site to restore part of Ames Iake wefland that once was there. Like Centennial Lakes in Fdina, the restored Ames L.ake Wefland will be designed as a neighborhood signature ameniry to enhance property values and to help attract qualiry commercial and residential development. It will help create a connection between Phalen Village and Phalen Pazk - the major amenity and positive influence on groperty values in the neighborhood. B,3.b. Budget: B.3.c. Timeline: 6/98 U99 6/99 Product #1: Restore Wetland XXX XX G�.? q$-P9y B.3.d. Workprogram Update: July 1, 1998 In January of this year, demolition of the Phalen Shopping Center began. The whole complex will be demolished with the exception of the grocery store at the west end. The wetland restoration project will be constructed as part of the Prosperity Avenue reconstruction project. At the present time, contract plans are being routed to state and local agencies for approval. - B. Title of ObjectivelOutcome: Project Construction B.4 Activity: Planting B.4.a. Context within the project: In the first phase of the Phalen Wetland Restoration Project, we relied on volunteers to do the planting. On the positive side, it got the community involved and we perhaps saved some money. On the other hand, it took a great deal of time to coordinate this effort and quality control was difficuit to achieve. For this phase, the planting wi11 be contracted out to a company experienced in planting wetlands. Construction of the Ames Lake Wetland will be done in two phases, a cover crop of oats or other similar annual will be planted soon after the initial excavation. Next yeaz, following fmal grading, the site will be planted with wetland and upland plants. B.4.b. Methods: The glanting will be accomplished according to glans and specifications. It is anticipated that wefland soils may have to be brought in to meet specifications. B.4:c. Budget: B.4.d. �lmeline: 6198 U99 6/99 U00 6100 Product #1: Planting of the Site X XX XX B.4.e. Workprogram Update: C. Title of Objecfivel0ufcome: Management C.2 Activity: Long Term Wetland Plant Management C.2.a. Confext within the project: One of the goals of this wetland restoration is to create a biodiverse habitat. To obtain that diversity, many different species of A-6 q$ -�+� plants will be se(ected. Those newly planted wetland plants and seeds will have to compete with invasive weeds. If this restored wetland is to be successful, it is critica] to insure the survival of the wetland plants_ Most intensive management is required in the first few years. Once the plants are firmly established, annual maintenance is less than required for a similar size area of turf. It is proposed to contract this management service for three years. C.2.b. Methods: Wetland plant management will consist of periodically walking through the wetland and spot spraying oc pulling out invasive plancs. It will also involve reptacing some plants as necessary. C.2.c. Budget: C.2.d. Timeline: 1/99 6/99 1/00 6/00 U01 6/Ol 1/02 XX XX XX Product #1: Long Term Wetland Management Contract C.Z.e. Workprogram Update: A-7 �t8 -gqy EXHIBIT B—PROJECT BUDGET OBJECTIVES/OUTCOMES LCMR RWMWD ST. Paul TOTAL A. Design and Engineering A.l Preliminary Design A2 Engineering, Grading Plan, and Inspecrion A3 Planting and Management Plan B. Project Conshucfion B.1 Conslruction of Wetland #1 (Tennis Court Site) B.2 Construction of Wetland #2 (Geranium Ave) B3 Construction of Wetland #3 (Ames Lake) B.4 Planting C. Management C.1 Longterm Wetland Plant Management TOTAL $0 $9,000 $0 $0 $0 $41,000 $53,163 $50,000 $0 $0 $20,000 $� $9,000 $144,163 $2�,�Q0 $0 $0 $29,625 $200,000 $229,625 $0 $0 $53,028 $0 $53,028 $45,900 $440,668 $214,686 $100,000 $801,254 $0 $109,332 $19,498 $0 $125,830 $0 $54,100 $0 $0 $0 $54,100 $100,000 $600,000 � Council File # �( aR��A� Presented by: Referred to: 3� Committee : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the City has been offered a$100,000 Water Qualiry Initiatives Grant from the Metropolitan CouncIl to help in restoring about nine acres of wefland at the site of the Phalen Shopping Center, and VJHEREAS, the CIB Committee has recommended funding this project, known as the Phalen Wetiand Restoration Project, Phase II, and WHEItEAS, the Phalen Wetland Restoration Project, Phase II provides a unique opportunity to restore a wetland in an urban setting, and WHEREAS, the project will create the following benefits: * It will become a neighborhood amenity * It will restore the site's natural stormwater cleaning funcuon * It will reduce non-point source pollution * It will enhance wildlife habitat * It will expand our understanding of how to achieve biodiversity in restored weflands * It will provide an environmental education resource. NOW THEREFORE BE TT RESOL'VED, by the City of Saint Paul that the City accepts the grant of $100,000 from the Metropolitan Council, and be it FTNALLY RESOLVED, by the City of Saint Paul that the City enter into the attached Agreement with the Metropolitan Council, and directs the proper City officiais to execute the Agreement on behalf of the City. Requested by Department of: W By: Form Approved by City Attorney Adoption Certified by Council Secretary By: Approved by M r:� ate � � " Green Sheet # 6 2 5 3 4 RESOLUTION CITY OF SAWT PAUL MiNNESOTA � � . • f � rf� � � i♦ • I�ayor to Covncil � 1 � � $ BY: Adopted by Council: Date �.� �q, � a r .�qu �EPAqTMENT/OFFlCEICOUNCIL DATEINITIATED GREEN SHEET NO. 6Z�.Y—.— P11b11C WOII'iS Sept. 15, 1998 I TIAL/DATE INITIAVDATE CONTACTvPE-R_SON&PHONE �DEPARTMENTDIBECTOR�_ �CINCOUNqL Ml�'iC11AJ5321 266-6249 ASSIGN ❑q C17VATTORNEY �,��3_ �CIT'CLERK NUMBER WR MUST BE ON COUNC�L AGENDA BY (DATE) R�U'CIfi6 � gllDGET DIRECTOR � FIN. & MGT. SERVICES DIR ORUEFi � MAVOR (OR ASSIST � TOTAL d OF SIGNATURE PAGE$ � (CLiP ALL LOCATIONS FOR SIGNANRE) � Division Manager g � DEPL ACCOUNiANT ACTION REQUESTED Approve the attached resolution authorizing proper City officials to execute an agreement accepting a$100,000 grant (see Exhibit A) from the Metropolitan Council to help fund the Phalen Wefland Restorauon, Phase II project. RECOMMENDAT70NS Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: A PLANNING COMMISSION CIVIL SEflVICE COMMISSION �. Has this persoNfirm ever worked under a contrac[ for this department? — — YES NO A Cf6 COMMITTEE 2. Has this persoNfirtn ever heen a ciry empbyee? — — YES NO � STAFF 3. Does this persoNfirtn possess a skill not nortnally possessetl by any current ciry — employee? A oISTRICTCOUNCIL YES NO SUPPOqTS WHICH COUNCII OBJECTIVE? Explain all yes answws o� separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WH1�: Saint Paul has been offered a$100,000 Twin Cities Water Quality Initiatives Grant from the Metropolitan Council to help restore about nine acres of wetland at the site of the Phalen Shopping Center. This resolution requests that the Ciry Council approve the g�ant and and the attached agreement. The agreement spec;fies conditions for receiving the Metropolitan Council's grant. ADVANTAGESIFAPPROVE�. The City will receive the grant money and the weUand will be restored. The restoration project will become a neighbarhood amenity, it will reduce non point source pollution, it will enhance wildlife habitat and it will provide an environmental education resource. DISADVANTAGES IF APPROVED: None � `�� Gcu^�a! �?ese�r�� Ce°��er - � �.= -- � � � S£� � 3 893� SEP � 9 � �>. _ _ � -;'�� : �� , DISA�VANTAGES IF NOT APPROVED' > ' Saint Paul will miss an oppor[unity to_ do aproject that will enhance whole neighborhood. We will aiso miss an opportunity to do something really uniqua to an urban area that will have a real positive environmental outcome. TOTALAMOUNTOFTRANSACT70N $ COST/REVENUE BUDGETED (CIRCLE ONE) YES No FUNDING SOURCE ACINffY NUMBER FINANC�AL INFORMAiION. (EXPLAIN) O ��C�j�Oi� � Contract No. SG98-83 TWIN CITIES WATER QUALITY INITIATIVE TECH�i TICAL PROJECT GRANT AGREE�NT BETWEEN THE METROPOLITAi�T COiT�"CIL A,�\TD THE CITY OF SAPi iT PAUL qd -�9'{ THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council") and the City of Saint Paul (the "Grantee"), each acting by and through its duly authorized officers. WFIEREAS, on November 18, 1993, the Council approved a memorandum of understanding {"MOU") between the Council, the former Metropolitan Waste Control Commission, and the Minnesota Pollution Control Agency ("MPCA"); and WHEREA5, the MOU requires that the Council establish an administrative process and eligibility criteria for projects that may be funded under a financial assistance program established in the MOU; and WHEREAS, pursuant to this requirement in the MOU, the Council has approved the Twin Cities Water Quality Initiative ("TCQI") Grant Program to provide financial assistance to reduce, control, and prevent nonpoint sources of pollution to metropolitan area rivers and streams, with a focus on the Mississippi, Saint Croix, and Minnesota Rivers; and WHEREAS, the TCQI Grant Program provides for TCQI Technical Pro}ect Crrants 6y which grantees use TCQI grant funds to implement and evaluate technical improvement projects designed to address nonpoint source pollution problems or control measures; and WI3EREAS, the Grantee is eligible to receive a TCQI Technical Project Czrant and has submitted an application for a TCQI Technical Project Grant; and WHEREAS, the Council has reviewed the application and desires to assist the Grantee by the award of a TCQI Technical Project Grant. NOW, THEREF012E, the Council and the Grantee agree as follows: L GRANTEE PERFORi�`it1NCE OF GRAlVT PROJECT 1.01 Grant Project Activities. The Grantee agrees to perform and complete in a satisfactory and proper manner the grant project as described in the Grantee's application for grant assistance, incorporated in this agreement by reference, and in accordance with the terms and conditions of this agreement. Specifically, the Grantee agrees to perform the work program activities described in Exhibit A, which is attached to and incorporated in this agreement. After the Work Plan described in pazagraph 5.01 has been approved by the Council, the Grantee agrees to conduct the work program activities in compliance with the approved Work Plan. The Grantee may engage contractors to perform work program activities with prior approval of the Council. However, the Grantee retains primary responsibility to the Council for performance of the grant project. 1.02 lVlaterial Representations. The Grantee aa ees that a11 representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated in this agreement by reference. L� � � qd • �9�f II. AUTHORIZED USE OF GRANT PROCEEDS AND MATCffiNG FI tNDS 2A1 Authorized Uses. The Grantee is authorized to use the grant funds only in payment of the line item costs, with no greater than a ten percent (10%) variance from the budgeted line item cost, as specified in Exhibit B which is attached to and incorporated in this agreement. No other use of grant funds is permitted. Grant and matching funds may be used only for costs directly associated with grant project activiries. Grant and matching funds may be used to prepare the Work Plan required by paragraph 5.01 of this grant agreement. 2.02 Unauthorized iises of Grant Proceeds. Grant funds cannot be used to purchase land, buildings, or other interests in real property, or to pay overhead or indirect costs, legal fees, or permit, license, or other authorization fees, unless specifically approved in advance by the Council`s Grant Manager. 2.03 Reversion of TJnexpended Funds. All funds granted by the Council under this agreement that have not been expended for grant activities taking place during the Project Activity Period shall revert to the Council. 2.04 Project Equipment and Supplies. Grant and matching funds may be used to purchase or lease equipment, machinery, supplies, or other personal property directly necessary to conduct the grant project. The Grantee will comply with the personal properry management requirements described in paragraph 7.11 of this agreement. III. GRANT AMOUNT AND DISTRIBUTION 3.01 Total Grant Amount. The Council shall pay to the Crrantee a Total Grant Amount of $100,000. Provided, however, that in no event will the Council's obligation under this agreement exceed the lesser of: a. the Total Grant Amount of $100,000; or, b. seventy-five percent (75%) of total grant project expenditures. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee in performance of the grant project. 3.02 Grantee's Match. The Grantee has an obligation under this grant agreement to share in the costs of the pro}ect by providing at least a twenty-five percent (25%) cash or in-kind match. Accordingly, the Grantee agrees to provide $33,333 in matching funds during the Project Acfivity Period, in accordance with the Council's Guidelines and Application Materials dated January, 1995 and incorporated in this agreement by reference. The Grantee agrees that there will be no reduction in the monetary amount of match unless there is at the same time a proportionate reduction in the Total Grant Amount. 3.03 Distri6ution of Grant Funds. Grant funds will be distributed by the Council as follows: a. Along with each quarterly report as provided in section 5.02, Grantee shall submit a reimbursement request for all expenditures made during the quarter in accordance with the grant project. The reimbursement request must include documentation evidencing the expenditures, as described in paragraph 4.01. -2- V q8 b. Reimbursable expenditures include only: 1. Direct staff costs figured on the current hourly rates of pay for all personnel employed by the Grantee in providing services for the grant project for the hours actually worked and paid to the personnel; and an amount in compensation for such employees' fringe benefits attributable and allocable to such hours. 2. Costs for equipment, supplies, and subcontracted services used in the grant project. Such equipment, supplies, and services must be obtained through comperitive quotes, competitive bidding, or other competirive process that gives assurance that the costs incused are reasonable. 3. Costs for purchase of easements, conservation tillage contracts, or other such agreements in accordance with the grant project. c. Total reimbursement of expenses in any calendar year shall not exceed 110 percent of the amount budgeted in Exhibit C for such year unless authorized by the Grant Manager. d. Upon review and approval of the reimbursement request, the Council will distribute to the Grantee the approved reimbursement request amount. No payment will be made which would cause the Total Grant Amount to exceed seventy-five (75%) of projected total project costs. No payment will be made if the Grantee is not cunent in its reporting requirements under article V. Distribution of any funds or approval of any report is not to be construed as a Council waiver of any Grantee noncompliance with this agreement. IV. ACCOUNTING AND RECORD REQLTIREMENTS 4.01 Documentation of Project Costs and Income. All costs charged to the grant project, whether paid with grant proceeds or charged as the Grantee's match, must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, or vouchers, evidencing in detail the nature and piopriety of the charges. 4.02 Accounts and Records. The Grantee agrees to establish and maintain accurate, detailed, and complete separate accounts and records relating to the receipt and expenditure of all grant funds and the Grantee's Match required by this agreement, including all project documents, financial zecords, supporting documentation, and the property records required by paragraph 7.11. These project accounts and records shall be retained intact by the Grantee for at least three (3) years following the end of the Grant Period set forth in article VI, paragraph 6.02, below. Records relating to the installation, operation, and maintenance of best management practices must be maintained £or at least three (3) years beyond the design or useful life whichever is longer. These requirements shall survive close-out of the grant agreement. 4.03 Audit. The Grantee agrees to keep and maintain books, records, documents, and other evidence pertinent to its per£ormance under this agreement in accordance with generally accepted accounting principles and practices, consistently applied. Such books, records, documents and other evidence will be maintained until the latest of: 1. Complete performance of this agreement; or 2. Three (3) years following the Grant Period; or 3 �� a�-�� 3. If any litigation, claim, or audit is commenced during said three (3) year period, when a11 such litigation, claims or audits have 6een resalved. Dunng the time of such maintenance, authorized representatives of the Council (and the Legislative Auditor and/or State Auditor in accordance with Minn. Stat. § 16B.06, subd. 4) will have access to all such books, records, documents, accounting practices and procedwes, and other evidence for the purpose of inspection, audit, and copying during normal business hours. The CCrantee wilt provide proper facilities for such access and inspection. These requirements shall survive close-out of the grant agreement. V. REPORTING AND M0IYITORING REQIIIREMENTS 5.01 Work Plan. The Grantee shall prepare and submit a detailed work plan for Council approval within forty-five (45) days of execufion of this grant agreement. The Work Plan shall be in the format specified by the Council and shall contain the level and types of information required by the Council. The Wozk Plan shall include the specific geographic area and water resources affected by the grant project, the tasks to be undertaken together with schedules and costs, the sources and amount of the match to the grant, a detailed budget, and the individuals responsible for the tasks. The Grantee agrees to submit a monitoring plan, a quality control plan, and other information requested as a condition of approval ofthe Work Plan. 5.02 Quarterly Reports. Grantee shall submit quarterly reports to the Council for review and approval. Each quarterly report is due within thirty (30) days after the end of each calendar quarter. Each quarterly report shall include a detailed summary of completed work activities and project expenditures, including a comparison of actual activities and expenditures against planned activities and projected expenditures. The Council may prescribe the format of such reports. 5.03 Final Report. Upon complerion of the project and not later than two (2) months after the end of the Project Activity Period, the Grantee must submit a final report for Council review and approval describing the activities and expenditures for the project and containing a final accounting of grant and matching expenditures. The final report must include a list of project personal property as required by paragraph 7.11. 5.04 Content of Reports. The Grantee agrees to report completely and to provide the Council with any additional or follow-up information as may be requested by Council staff. 5.�5 Copies. The Grantee agrees to provide copies of the reports specified in this Article V to organizations and individuals upon request during the Grant Period. 5.06 Other Monitoring Activities. To assist the Council in monitoring compliance with the grant agreement, the Grantee agrees to attend Grantee meetings as requested by Council staff and to permit site visits by Council staff, during business hours, upon reasonable notice. The Grantee agrees to submit to the Council a copy of any promotional information regarding the grant project disseminated by the Grantee during the Grant Period. 5.07 Changed Conditions. The Grantee agrees to notify the Council immediately of any change in condifions, local law, or any other event that may affect the Grantee`s abitity to perform the grant project in accordance with the terms of this agreement. VI. TIMING REQiJIREME�TTS -4- � ag -t9y 6.01 Project Activity Period. The Grantee agrees to complete the work program activiries described in Exhibit A by no later than December 1, 2001 (the "Project Activity Period" end date). The Council will not reimburse the Grantee for any project activities taking place before this grant was awazded by the Council or after the end of the Project Acrivity Period. 6.02 Grant Period. The Grant Period shall extend from the date of final execurion of this agreement to a date three (3) months following the end of the Project Activiry Period, to permit close-out of the grant agreement. VII. GENERAL CO�TDITIONS 7.01 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by authorized officers of the parties to this agreement. 7A2 Termination by Council. The Council may terminate this grant agreement at any time by providing Grantee written notice of such termination at least thirty (3Q) days prior to the effective date of such termination. Upon such termination Grantee shall be entitled to compensation for all reimbursable expenses in accordance with this grant agreement which were incuned prior to the effective date of the terminarion. 7.03 Noncomptiance by Grantee. If the Council finds that there has been a failure to comply with the provisions of this agreement, the Council may terminate the agreement at any time following seven (7) days' written notice to the Grantee and upon failure of the Grantee to cure the default within the seven-day period. If the Council finds that the Grantee's noncompliance is willful and unreasonable, the Council may terminate or rescind this agreement and require the Grantee to repay the grant funds in full or in a portion determined by the Council. Nothing herein shall be construed so as to limit the Council's legal remedies to recover grant funds. 7.04 Unauthorized Use of Grant Proceeds. Upon a finding by Council staff that the Grantee has made an unauthorized or undocumented use of grant proceeds, and upon a demand for repayment issued by the Council, the Grantee agrees to promptly repay such amounts to the Council. 7.05 Indemnification. The Grantee assumes liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents, from and against all losses, damages, expenses, liability, claims, suits, or demands, including wlthout limitation attorney's fees, arising out of, resulting from, or relating to the performance of the b ant project by Grantee or Grante�s employees, agents, or subcontractors. 7.06 Public Data. The Grantee agrees that the results of the grant project, the reports submitted, and any new information or technology that is developed with the assistance of this grant is in the public domain and may not be copyrighted or patented by Grantee. 7.07 Equal Employment Opportunity; Affirmative Action. The Grantee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particulaz, the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this project because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect -5- � i��. n/... q$-�� to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. Grantee further agrees to take affirmarive action to include targeted group businesses in the performance of this agreement, wherever possible. 7.08 Acknowledgment. The Grantee shall appropriately aclmowledge the grant assistance made by the Council in any promotional materials, reports, and publications relating to the grant project. 7.09 Compliance with Law. The CTrantee aa ees to conduct the grant project in compliance with all applicable provisions of federal, state, and local laws. 7.10 Permits and Approvals. The Grantee is responsible for obtaining all local and state permits, licenses, and authorizations necessary for the grant project. 7.11 Personal Property Management. Title to all personal property acquired with grant or matching funds shall remain with the Grantee during the Grant Period. Accordingly, the Grantee shall take reasonable measures to protect and defend its title interest and shall keep the personal property free and clear of any liens, encumbrances, or other claims. The Grantee must maintain property records that include, at a minimum, a description of the property, a serial or other identification number, the acquisition date and cost, and the location, use, and condition of the property. In the final report required by pazagraph 5.03, the Grantee shall include a list of a11 personal property acquired with grant and matching funds which was not expended in performance of the grant project. At the end of the Grant Period, the Grantee agrees to transfer title to all personal property acquired in whole or in part with grant funds to the Council, at the Council's option, at no charge. The Council reserves the right to direct appropriate disposition of all personal property, acquired in whole or in part with grant funds, which has not been expended in performance of the grant project. During the Grant Period, the Grantee bears the risk of loss of, damage to, or destruction of any personal properry acquired with grant or matching funds. No such loss, damage, or deshuction shall relieve the Grantee of its obligations under this agreement. The Grantee agrees to maintain personal property acquired with grant or matching funds in good operating order. If, during the Project Activity Period, any project personal properiy is not used in performing the project, whether by planned withdrawal, misuse, or casualty loss, the CTrantee shall immediately notify the Council's Grant Manager. Unless otherwise approved by the Council's Grant Manager, the Grantee shall remit to the Council a proportional amount of the fair market value of the item(s), if any, determined on the basis of the proportion of Council grant funds used to acquire the item(s). 7.12 Effect of Project Close-out. The Grantee agrees that pro}ect close-out does not invalidate continuing obligations imposed on the Grantee by this agreement. Project close-out does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. 6 �� a8' -t9y IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. CITY OF SAIN'P PAUL By. Mayor Date: By. D'arector, Department of Planning & Economic Development Date: By. Budget Director Date: Approved as to form: By: Assistant City Attorney Date: METROPOLI'I'AN COUNCIL � Keith Buttleman, Director Environmental Planning and Evaluation Department Environmental Services Division Date: Approved as to form: � Metropolitan Councii Office of General Counsel -7- 9� '�`t EXHIBIT A—WORK PROGItAM IV. 5tatement of Objectives: A. Design and Engineering: The wetiand and landscaping around it will be designed to provide wildlife habitat and demonstrate how such wetlands can filter stormwater while being an important urban amenity: The project will also be designed to achieve biodiversity in an urban wedand restoration. Finally, the design will be compatible to the overall Phalen concept plan. B. Project Consfruction: Construction will be elosely monitored to achieve the desired results of the design. Excavation will create a wetland and a path that will welcome visitors to observe and study the completed project. C. Wetland Planf Management: I,ong term wedand management is critical to the success of a restored wetland. The first few yeazs are the most important as the planted plants must compete with weeds and other invasive plants for suzvival. A three year plant management contract will be let to insure that desired plants will get firmly established. Timeline for Completion of Objectives: Objective A: Design and Engineering Objective B: Pro}ect Construction 1/97 U98 U99 U00 X� X XX XX Objective C: Wet]and Plant Management V. ObjectiF�es/O utcome: A. TiBe of Objective/Outcome: Design and Engineering A.1 Aetivity: Preliminary Design XX-> A.l.a. Context within the project: Preliminary design is a key to the success of the project. Urban wedand areas have been greatly degraded in the last century of urban development. While understanding of the importance and broad public benefit of wetiands and wefland testorations is increasing, wetland restoration in this kind of urban environment is raze. Common wetland restoration practices have generally been inadequate to achieve biodiversity that resembles natutal wetlands. This project is being done in partnership with the DNR and leading wetland experts we are fortunate to have at the University of Minnesota, including Dr. Joan Nassauer, University Of Minnesota Degt, of Landscape Architecture (now at the University of Michigan) and Dr. Sue Galatowitsch, University of Minnesota Dept. of Horticulture. Together, they wiil study and expand our understanding of how to achieve biodiversity in wetland restoration. The preliminary design will also show how this restored wetland can be incorporated into an overall glan for the Phalen concept plan. The goal of the Phalen concept plan is to transform the area from one that is a blighting influence harmful to property values in surrounding neighborhoods into a safe, stable, attractive A-1 q� 'd'9`f community center that meeLS neighborhood needs and is an asset to the East Side. To do that, [he plan includes a package of bold, interrelated actions: to create an urban village with balanced housing op[ions and a commerciai presence reconstituted both geographically and in terms of mazket. It also creates a stronger connection to Lake Phalen and the natural landscape, with a wetland park and public open space system, it adds a significant amenity and value to the area provides access to transit, jobs and job training. A.1.6. Mefhods: Common urban storm water managemenY practices involve making sure storm water piper are lazge enough and, more recently, providing storm water detention basins to slow the rate of runoff. The Phalen wedand project represents a new and much more ecological approach to urban storm water management. The wetiand will be designed to filter and clean storm water and at the same time to provide valuable habitat for witdlife and an amenity for the surrounding neighborhood. A.1.c. Bud�et: A.l.d. Timeline: 6/97 1/98 6/98 Product #1: Preliminary Design XX A.l.e. Workprogram Update: March 1, 1998 Professor Joan Nassauer and Barr Engineering were selected to develop a preliminary design. Fred Rozumaliski, a former student of Professor ioan Nassauer, is responsible for this design. During the fall of 1997, Fred and Joan developed the preliminary plan. This activiry has been completed. A. Titte of ObjecfivelOufcome: Design and Engineering A.2 Activify: Engineering, Grading Plan and Inspection A.2.a. Context within the projecf: Using the guidelines developed in the preliminary design, engineers will prepaze design and specifications for grading and site amenities such as paths and lighting. Close inspection during construction by the design team will insure that site grading and related construction is done according to the detailed plans and specifications. A.2.b. Methods: This part of the design wall follow the guidelines developed in the preliminary design and nationally accepted standards for the design of wetlands which are based on the results of the Nationwide Urban Runoff Program (USEPA, 1983} . A-2 Q8 -�9`t A.2.c. Budget: A.2.d. Timeline: 6197 ll98 6/98 U99 Product #1: Plans and Specifications XXX A.2.e. Workprogram Updafe: March 1,1998 The design of the grading plan has started_ There aze many parameters to consider including: availability of ground and surface water, elevation of the water surface, amount of `bounce' in the water level, ADA requirements for access, safe siopes to the wetland, etc. June 1, 1998 The grading plan is finished. Plans are currently being reviewed by various agencies. A. Title of Objective/Outcome: Design and Engineering A.3 Activity: Planting and Management Plan A.3.a. Contexf within the projecf: The proper selection of plant materials is a key factor in achieving the goal of a biodiverse wetland. It will also be very beautiful and will hopefully encourage the development of more wetlands. A.3.b. Mefhods: Using the guidelines developed in the preliminary design, plant materials wiil be selected and positioned in the wetland plan. Special consideration will be given in selecting plant materials that aze compatible in a wefland environment, will coexist with the other piantings, will enhance wildlife habitat and aze visually appealing. A3.c. Budget: Grant Total A.3.d. Timeline: $ 0 0 20,000 0 $20,000 U98 6/98 Product #1: Plans and Specifications 0 $10,000 U99 XX X% A-3 98' -�`l A_3.e. Workprogram Update: July 1, 1998 Fred Rozumalski of Barr Engineering continues to develop a planting plan. Construction of ihe wetland will begin in the late summer of 1998. Final grading will be accomplished in the spring of 1999. To sta6ilize the site, a cover crop of oats or similaz annual plant will be ptanted once the initial grading is done. B. Tifle of Objective/Outcome: Project Construction S.1 Activity: Construction of Wetland #1 (Tennis Court Site) B.l.a. Context wifhin the project: This wetland is downstream of the wetland restored in the first phase. A pipe will be constructed under Maryland Avenue to bring water from the upstream wetland into this one. After passing through this wetland, water will flow to the wedand at Geranium Avenue and then on to the Ames Lake Wetland. B.l.b. Budget: B.l.c. Timeline: 6/98 1/99 6/99 1100 Product #1: Excavate and plant XXX B.l.d. Workprogram Update: July 1,1998 This site, located at the south east corner of Johnson Pazkway and Maryland Avenue, has four tennis courts that need to be relocated. The City's Parks Departrnent is trying to find an altemate site and budget to replace these courts. This site will not be restored this yeaz as originally planned. B. Title of Objectivel0utcome: Project Construction B.2 Activity: Construction of Wetland #2 (Geranium Avenue) B.2.a. Context within the project: This site is an existing wetland located at Geranium Avenue and }us[ east of the railroad berm. At the present time it is in very poor condition. Water from Lake Phalen will flow from Wetland #I to this one and then on to Ames Lake Wetland. A-4 9 g -�`I B.2.c. Budget: B.2.d. Timeline: Product #1: Purchase, excavate and plant B.2.e. Workprogram Update: 6/98 1/99 6/99 1/00 XXX July 1, 1998 There is a very degraded wetland at this site. It is also privately owned. The City is in contact with the owner and we expect that a purchase agreement wiil be signed in a coupie of months. Restoration will take place next spring. B. Title of ObjectiveJOutcome: Project Construction B.3 Acti�ify: Construction of Wefland #3 (Ames Lake Wetland) S.3.a. Context within the project: Tlus restoration wili use the south- central part of the Phalen Center site to restore part of Ames Iake wefland that once was there. Like Centennial Lakes in Fdina, the restored Ames L.ake Wefland will be designed as a neighborhood signature ameniry to enhance property values and to help attract qualiry commercial and residential development. It will help create a connection between Phalen Village and Phalen Pazk - the major amenity and positive influence on groperty values in the neighborhood. B,3.b. Budget: B.3.c. Timeline: 6/98 U99 6/99 Product #1: Restore Wetland XXX XX G�.? q$-P9y B.3.d. Workprogram Update: July 1, 1998 In January of this year, demolition of the Phalen Shopping Center began. The whole complex will be demolished with the exception of the grocery store at the west end. The wetland restoration project will be constructed as part of the Prosperity Avenue reconstruction project. At the present time, contract plans are being routed to state and local agencies for approval. - B. Title of ObjectivelOutcome: Project Construction B.4 Activity: Planting B.4.a. Context within the project: In the first phase of the Phalen Wetland Restoration Project, we relied on volunteers to do the planting. On the positive side, it got the community involved and we perhaps saved some money. On the other hand, it took a great deal of time to coordinate this effort and quality control was difficuit to achieve. For this phase, the planting wi11 be contracted out to a company experienced in planting wetlands. Construction of the Ames Lake Wetland will be done in two phases, a cover crop of oats or other similar annual will be planted soon after the initial excavation. Next yeaz, following fmal grading, the site will be planted with wetland and upland plants. B.4.b. Methods: The glanting will be accomplished according to glans and specifications. It is anticipated that wefland soils may have to be brought in to meet specifications. B.4:c. Budget: B.4.d. �lmeline: 6198 U99 6/99 U00 6100 Product #1: Planting of the Site X XX XX B.4.e. Workprogram Update: C. Title of Objecfivel0ufcome: Management C.2 Activity: Long Term Wetland Plant Management C.2.a. Confext within the project: One of the goals of this wetland restoration is to create a biodiverse habitat. To obtain that diversity, many different species of A-6 q$ -�+� plants will be se(ected. Those newly planted wetland plants and seeds will have to compete with invasive weeds. If this restored wetland is to be successful, it is critica] to insure the survival of the wetland plants_ Most intensive management is required in the first few years. Once the plants are firmly established, annual maintenance is less than required for a similar size area of turf. It is proposed to contract this management service for three years. C.2.b. Methods: Wetland plant management will consist of periodically walking through the wetland and spot spraying oc pulling out invasive plancs. It will also involve reptacing some plants as necessary. C.2.c. Budget: C.2.d. Timeline: 1/99 6/99 1/00 6/00 U01 6/Ol 1/02 XX XX XX Product #1: Long Term Wetland Management Contract C.Z.e. Workprogram Update: A-7 �t8 -gqy EXHIBIT B—PROJECT BUDGET OBJECTIVES/OUTCOMES LCMR RWMWD ST. Paul TOTAL A. Design and Engineering A.l Preliminary Design A2 Engineering, Grading Plan, and Inspecrion A3 Planting and Management Plan B. Project Conshucfion B.1 Conslruction of Wetland #1 (Tennis Court Site) B.2 Construction of Wetland #2 (Geranium Ave) B3 Construction of Wetland #3 (Ames Lake) B.4 Planting C. Management C.1 Longterm Wetland Plant Management TOTAL $0 $9,000 $0 $0 $0 $41,000 $53,163 $50,000 $0 $0 $20,000 $� $9,000 $144,163 $2�,�Q0 $0 $0 $29,625 $200,000 $229,625 $0 $0 $53,028 $0 $53,028 $45,900 $440,668 $214,686 $100,000 $801,254 $0 $109,332 $19,498 $0 $125,830 $0 $54,100 $0 $0 $0 $54,100 $100,000 $600,000 � Council File # �( aR��A� Presented by: Referred to: 3� Committee : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, the City has been offered a$100,000 Water Qualiry Initiatives Grant from the Metropolitan CouncIl to help in restoring about nine acres of wefland at the site of the Phalen Shopping Center, and VJHEREAS, the CIB Committee has recommended funding this project, known as the Phalen Wetiand Restoration Project, Phase II, and WHEItEAS, the Phalen Wetland Restoration Project, Phase II provides a unique opportunity to restore a wetland in an urban setting, and WHEREAS, the project will create the following benefits: * It will become a neighborhood amenity * It will restore the site's natural stormwater cleaning funcuon * It will reduce non-point source pollution * It will enhance wildlife habitat * It will expand our understanding of how to achieve biodiversity in restored weflands * It will provide an environmental education resource. NOW THEREFORE BE TT RESOL'VED, by the City of Saint Paul that the City accepts the grant of $100,000 from the Metropolitan Council, and be it FTNALLY RESOLVED, by the City of Saint Paul that the City enter into the attached Agreement with the Metropolitan Council, and directs the proper City officiais to execute the Agreement on behalf of the City. Requested by Department of: W By: Form Approved by City Attorney Adoption Certified by Council Secretary By: Approved by M r:� ate � � " Green Sheet # 6 2 5 3 4 RESOLUTION CITY OF SAWT PAUL MiNNESOTA � � . • f � rf� � � i♦ • I�ayor to Covncil � 1 � � $ BY: Adopted by Council: Date �.� �q, � a r .�qu �EPAqTMENT/OFFlCEICOUNCIL DATEINITIATED GREEN SHEET NO. 6Z�.Y—.— P11b11C WOII'iS Sept. 15, 1998 I TIAL/DATE INITIAVDATE CONTACTvPE-R_SON&PHONE �DEPARTMENTDIBECTOR�_ �CINCOUNqL Ml�'iC11AJ5321 266-6249 ASSIGN ❑q C17VATTORNEY �,��3_ �CIT'CLERK NUMBER WR MUST BE ON COUNC�L AGENDA BY (DATE) R�U'CIfi6 � gllDGET DIRECTOR � FIN. & MGT. SERVICES DIR ORUEFi � MAVOR (OR ASSIST � TOTAL d OF SIGNATURE PAGE$ � (CLiP ALL LOCATIONS FOR SIGNANRE) � Division Manager g � DEPL ACCOUNiANT ACTION REQUESTED Approve the attached resolution authorizing proper City officials to execute an agreement accepting a$100,000 grant (see Exhibit A) from the Metropolitan Council to help fund the Phalen Wefland Restorauon, Phase II project. RECOMMENDAT70NS Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: A PLANNING COMMISSION CIVIL SEflVICE COMMISSION �. Has this persoNfirm ever worked under a contrac[ for this department? — — YES NO A Cf6 COMMITTEE 2. Has this persoNfirtn ever heen a ciry empbyee? — — YES NO � STAFF 3. Does this persoNfirtn possess a skill not nortnally possessetl by any current ciry — employee? A oISTRICTCOUNCIL YES NO SUPPOqTS WHICH COUNCII OBJECTIVE? Explain all yes answws o� separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (WHO, WHAT, WHEN, WHERE, WH1�: Saint Paul has been offered a$100,000 Twin Cities Water Quality Initiatives Grant from the Metropolitan Council to help restore about nine acres of wetland at the site of the Phalen Shopping Center. This resolution requests that the Ciry Council approve the g�ant and and the attached agreement. The agreement spec;fies conditions for receiving the Metropolitan Council's grant. ADVANTAGESIFAPPROVE�. The City will receive the grant money and the weUand will be restored. The restoration project will become a neighbarhood amenity, it will reduce non point source pollution, it will enhance wildlife habitat and it will provide an environmental education resource. DISADVANTAGES IF APPROVED: None � `�� Gcu^�a! �?ese�r�� Ce°��er - � �.= -- � � � S£� � 3 893� SEP � 9 � �>. _ _ � -;'�� : �� , DISA�VANTAGES IF NOT APPROVED' > ' Saint Paul will miss an oppor[unity to_ do aproject that will enhance whole neighborhood. We will aiso miss an opportunity to do something really uniqua to an urban area that will have a real positive environmental outcome. TOTALAMOUNTOFTRANSACT70N $ COST/REVENUE BUDGETED (CIRCLE ONE) YES No FUNDING SOURCE ACINffY NUMBER FINANC�AL INFORMAiION. (EXPLAIN) O ��C�j�Oi� � Contract No. SG98-83 TWIN CITIES WATER QUALITY INITIATIVE TECH�i TICAL PROJECT GRANT AGREE�NT BETWEEN THE METROPOLITAi�T COiT�"CIL A,�\TD THE CITY OF SAPi iT PAUL qd -�9'{ THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council") and the City of Saint Paul (the "Grantee"), each acting by and through its duly authorized officers. WFIEREAS, on November 18, 1993, the Council approved a memorandum of understanding {"MOU") between the Council, the former Metropolitan Waste Control Commission, and the Minnesota Pollution Control Agency ("MPCA"); and WHEREA5, the MOU requires that the Council establish an administrative process and eligibility criteria for projects that may be funded under a financial assistance program established in the MOU; and WHEREAS, pursuant to this requirement in the MOU, the Council has approved the Twin Cities Water Quality Initiative ("TCQI") Grant Program to provide financial assistance to reduce, control, and prevent nonpoint sources of pollution to metropolitan area rivers and streams, with a focus on the Mississippi, Saint Croix, and Minnesota Rivers; and WHEREAS, the TCQI Grant Program provides for TCQI Technical Pro}ect Crrants 6y which grantees use TCQI grant funds to implement and evaluate technical improvement projects designed to address nonpoint source pollution problems or control measures; and WI3EREAS, the Grantee is eligible to receive a TCQI Technical Project Czrant and has submitted an application for a TCQI Technical Project Grant; and WHEREAS, the Council has reviewed the application and desires to assist the Grantee by the award of a TCQI Technical Project Grant. NOW, THEREF012E, the Council and the Grantee agree as follows: L GRANTEE PERFORi�`it1NCE OF GRAlVT PROJECT 1.01 Grant Project Activities. The Grantee agrees to perform and complete in a satisfactory and proper manner the grant project as described in the Grantee's application for grant assistance, incorporated in this agreement by reference, and in accordance with the terms and conditions of this agreement. Specifically, the Grantee agrees to perform the work program activities described in Exhibit A, which is attached to and incorporated in this agreement. After the Work Plan described in pazagraph 5.01 has been approved by the Council, the Grantee agrees to conduct the work program activities in compliance with the approved Work Plan. The Grantee may engage contractors to perform work program activities with prior approval of the Council. However, the Grantee retains primary responsibility to the Council for performance of the grant project. 1.02 lVlaterial Representations. The Grantee aa ees that a11 representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated in this agreement by reference. L� � � qd • �9�f II. AUTHORIZED USE OF GRANT PROCEEDS AND MATCffiNG FI tNDS 2A1 Authorized Uses. The Grantee is authorized to use the grant funds only in payment of the line item costs, with no greater than a ten percent (10%) variance from the budgeted line item cost, as specified in Exhibit B which is attached to and incorporated in this agreement. No other use of grant funds is permitted. Grant and matching funds may be used only for costs directly associated with grant project activiries. Grant and matching funds may be used to prepare the Work Plan required by paragraph 5.01 of this grant agreement. 2.02 Unauthorized iises of Grant Proceeds. Grant funds cannot be used to purchase land, buildings, or other interests in real property, or to pay overhead or indirect costs, legal fees, or permit, license, or other authorization fees, unless specifically approved in advance by the Council`s Grant Manager. 2.03 Reversion of TJnexpended Funds. All funds granted by the Council under this agreement that have not been expended for grant activities taking place during the Project Activity Period shall revert to the Council. 2.04 Project Equipment and Supplies. Grant and matching funds may be used to purchase or lease equipment, machinery, supplies, or other personal property directly necessary to conduct the grant project. The Grantee will comply with the personal properry management requirements described in paragraph 7.11 of this agreement. III. GRANT AMOUNT AND DISTRIBUTION 3.01 Total Grant Amount. The Council shall pay to the Crrantee a Total Grant Amount of $100,000. Provided, however, that in no event will the Council's obligation under this agreement exceed the lesser of: a. the Total Grant Amount of $100,000; or, b. seventy-five percent (75%) of total grant project expenditures. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee in performance of the grant project. 3.02 Grantee's Match. The Grantee has an obligation under this grant agreement to share in the costs of the pro}ect by providing at least a twenty-five percent (25%) cash or in-kind match. Accordingly, the Grantee agrees to provide $33,333 in matching funds during the Project Acfivity Period, in accordance with the Council's Guidelines and Application Materials dated January, 1995 and incorporated in this agreement by reference. The Grantee agrees that there will be no reduction in the monetary amount of match unless there is at the same time a proportionate reduction in the Total Grant Amount. 3.03 Distri6ution of Grant Funds. Grant funds will be distributed by the Council as follows: a. Along with each quarterly report as provided in section 5.02, Grantee shall submit a reimbursement request for all expenditures made during the quarter in accordance with the grant project. The reimbursement request must include documentation evidencing the expenditures, as described in paragraph 4.01. -2- V q8 b. Reimbursable expenditures include only: 1. Direct staff costs figured on the current hourly rates of pay for all personnel employed by the Grantee in providing services for the grant project for the hours actually worked and paid to the personnel; and an amount in compensation for such employees' fringe benefits attributable and allocable to such hours. 2. Costs for equipment, supplies, and subcontracted services used in the grant project. Such equipment, supplies, and services must be obtained through comperitive quotes, competitive bidding, or other competirive process that gives assurance that the costs incused are reasonable. 3. Costs for purchase of easements, conservation tillage contracts, or other such agreements in accordance with the grant project. c. Total reimbursement of expenses in any calendar year shall not exceed 110 percent of the amount budgeted in Exhibit C for such year unless authorized by the Grant Manager. d. Upon review and approval of the reimbursement request, the Council will distribute to the Grantee the approved reimbursement request amount. No payment will be made which would cause the Total Grant Amount to exceed seventy-five (75%) of projected total project costs. No payment will be made if the Grantee is not cunent in its reporting requirements under article V. Distribution of any funds or approval of any report is not to be construed as a Council waiver of any Grantee noncompliance with this agreement. IV. ACCOUNTING AND RECORD REQLTIREMENTS 4.01 Documentation of Project Costs and Income. All costs charged to the grant project, whether paid with grant proceeds or charged as the Grantee's match, must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, or vouchers, evidencing in detail the nature and piopriety of the charges. 4.02 Accounts and Records. The Grantee agrees to establish and maintain accurate, detailed, and complete separate accounts and records relating to the receipt and expenditure of all grant funds and the Grantee's Match required by this agreement, including all project documents, financial zecords, supporting documentation, and the property records required by paragraph 7.11. These project accounts and records shall be retained intact by the Grantee for at least three (3) years following the end of the Grant Period set forth in article VI, paragraph 6.02, below. Records relating to the installation, operation, and maintenance of best management practices must be maintained £or at least three (3) years beyond the design or useful life whichever is longer. These requirements shall survive close-out of the grant agreement. 4.03 Audit. The Grantee agrees to keep and maintain books, records, documents, and other evidence pertinent to its per£ormance under this agreement in accordance with generally accepted accounting principles and practices, consistently applied. Such books, records, documents and other evidence will be maintained until the latest of: 1. Complete performance of this agreement; or 2. Three (3) years following the Grant Period; or 3 �� a�-�� 3. If any litigation, claim, or audit is commenced during said three (3) year period, when a11 such litigation, claims or audits have 6een resalved. Dunng the time of such maintenance, authorized representatives of the Council (and the Legislative Auditor and/or State Auditor in accordance with Minn. Stat. § 16B.06, subd. 4) will have access to all such books, records, documents, accounting practices and procedwes, and other evidence for the purpose of inspection, audit, and copying during normal business hours. The CCrantee wilt provide proper facilities for such access and inspection. These requirements shall survive close-out of the grant agreement. V. REPORTING AND M0IYITORING REQIIIREMENTS 5.01 Work Plan. The Grantee shall prepare and submit a detailed work plan for Council approval within forty-five (45) days of execufion of this grant agreement. The Work Plan shall be in the format specified by the Council and shall contain the level and types of information required by the Council. The Wozk Plan shall include the specific geographic area and water resources affected by the grant project, the tasks to be undertaken together with schedules and costs, the sources and amount of the match to the grant, a detailed budget, and the individuals responsible for the tasks. The Grantee agrees to submit a monitoring plan, a quality control plan, and other information requested as a condition of approval ofthe Work Plan. 5.02 Quarterly Reports. Grantee shall submit quarterly reports to the Council for review and approval. Each quarterly report is due within thirty (30) days after the end of each calendar quarter. Each quarterly report shall include a detailed summary of completed work activities and project expenditures, including a comparison of actual activities and expenditures against planned activities and projected expenditures. The Council may prescribe the format of such reports. 5.03 Final Report. Upon complerion of the project and not later than two (2) months after the end of the Project Activity Period, the Grantee must submit a final report for Council review and approval describing the activities and expenditures for the project and containing a final accounting of grant and matching expenditures. The final report must include a list of project personal property as required by paragraph 7.11. 5.04 Content of Reports. The Grantee agrees to report completely and to provide the Council with any additional or follow-up information as may be requested by Council staff. 5.�5 Copies. The Grantee agrees to provide copies of the reports specified in this Article V to organizations and individuals upon request during the Grant Period. 5.06 Other Monitoring Activities. To assist the Council in monitoring compliance with the grant agreement, the Grantee agrees to attend Grantee meetings as requested by Council staff and to permit site visits by Council staff, during business hours, upon reasonable notice. The Grantee agrees to submit to the Council a copy of any promotional information regarding the grant project disseminated by the Grantee during the Grant Period. 5.07 Changed Conditions. The Grantee agrees to notify the Council immediately of any change in condifions, local law, or any other event that may affect the Grantee`s abitity to perform the grant project in accordance with the terms of this agreement. VI. TIMING REQiJIREME�TTS -4- � ag -t9y 6.01 Project Activity Period. The Grantee agrees to complete the work program activiries described in Exhibit A by no later than December 1, 2001 (the "Project Activity Period" end date). The Council will not reimburse the Grantee for any project activities taking place before this grant was awazded by the Council or after the end of the Project Acrivity Period. 6.02 Grant Period. The Grant Period shall extend from the date of final execurion of this agreement to a date three (3) months following the end of the Project Activiry Period, to permit close-out of the grant agreement. VII. GENERAL CO�TDITIONS 7.01 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by authorized officers of the parties to this agreement. 7A2 Termination by Council. The Council may terminate this grant agreement at any time by providing Grantee written notice of such termination at least thirty (3Q) days prior to the effective date of such termination. Upon such termination Grantee shall be entitled to compensation for all reimbursable expenses in accordance with this grant agreement which were incuned prior to the effective date of the terminarion. 7.03 Noncomptiance by Grantee. If the Council finds that there has been a failure to comply with the provisions of this agreement, the Council may terminate the agreement at any time following seven (7) days' written notice to the Grantee and upon failure of the Grantee to cure the default within the seven-day period. If the Council finds that the Grantee's noncompliance is willful and unreasonable, the Council may terminate or rescind this agreement and require the Grantee to repay the grant funds in full or in a portion determined by the Council. Nothing herein shall be construed so as to limit the Council's legal remedies to recover grant funds. 7.04 Unauthorized Use of Grant Proceeds. Upon a finding by Council staff that the Grantee has made an unauthorized or undocumented use of grant proceeds, and upon a demand for repayment issued by the Council, the Grantee agrees to promptly repay such amounts to the Council. 7.05 Indemnification. The Grantee assumes liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents, from and against all losses, damages, expenses, liability, claims, suits, or demands, including wlthout limitation attorney's fees, arising out of, resulting from, or relating to the performance of the b ant project by Grantee or Grante�s employees, agents, or subcontractors. 7.06 Public Data. The Grantee agrees that the results of the grant project, the reports submitted, and any new information or technology that is developed with the assistance of this grant is in the public domain and may not be copyrighted or patented by Grantee. 7.07 Equal Employment Opportunity; Affirmative Action. The Grantee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particulaz, the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this project because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect -5- � i��. n/... q$-�� to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. Grantee further agrees to take affirmarive action to include targeted group businesses in the performance of this agreement, wherever possible. 7.08 Acknowledgment. The Grantee shall appropriately aclmowledge the grant assistance made by the Council in any promotional materials, reports, and publications relating to the grant project. 7.09 Compliance with Law. The CTrantee aa ees to conduct the grant project in compliance with all applicable provisions of federal, state, and local laws. 7.10 Permits and Approvals. The Grantee is responsible for obtaining all local and state permits, licenses, and authorizations necessary for the grant project. 7.11 Personal Property Management. Title to all personal property acquired with grant or matching funds shall remain with the Grantee during the Grant Period. Accordingly, the Grantee shall take reasonable measures to protect and defend its title interest and shall keep the personal property free and clear of any liens, encumbrances, or other claims. The Grantee must maintain property records that include, at a minimum, a description of the property, a serial or other identification number, the acquisition date and cost, and the location, use, and condition of the property. In the final report required by pazagraph 5.03, the Grantee shall include a list of a11 personal property acquired with grant and matching funds which was not expended in performance of the grant project. At the end of the Grant Period, the Grantee agrees to transfer title to all personal property acquired in whole or in part with grant funds to the Council, at the Council's option, at no charge. The Council reserves the right to direct appropriate disposition of all personal property, acquired in whole or in part with grant funds, which has not been expended in performance of the grant project. During the Grant Period, the Grantee bears the risk of loss of, damage to, or destruction of any personal properry acquired with grant or matching funds. No such loss, damage, or deshuction shall relieve the Grantee of its obligations under this agreement. The Grantee agrees to maintain personal property acquired with grant or matching funds in good operating order. If, during the Project Activity Period, any project personal properiy is not used in performing the project, whether by planned withdrawal, misuse, or casualty loss, the CTrantee shall immediately notify the Council's Grant Manager. Unless otherwise approved by the Council's Grant Manager, the Grantee shall remit to the Council a proportional amount of the fair market value of the item(s), if any, determined on the basis of the proportion of Council grant funds used to acquire the item(s). 7.12 Effect of Project Close-out. The Grantee agrees that pro}ect close-out does not invalidate continuing obligations imposed on the Grantee by this agreement. Project close-out does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. 6 �� a8' -t9y IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. CITY OF SAIN'P PAUL By. Mayor Date: By. D'arector, Department of Planning & Economic Development Date: By. Budget Director Date: Approved as to form: By: Assistant City Attorney Date: METROPOLI'I'AN COUNCIL � Keith Buttleman, Director Environmental Planning and Evaluation Department Environmental Services Division Date: Approved as to form: � Metropolitan Councii Office of General Counsel -7- 9� '�`t EXHIBIT A—WORK PROGItAM IV. 5tatement of Objectives: A. Design and Engineering: The wetiand and landscaping around it will be designed to provide wildlife habitat and demonstrate how such wetlands can filter stormwater while being an important urban amenity: The project will also be designed to achieve biodiversity in an urban wedand restoration. Finally, the design will be compatible to the overall Phalen concept plan. B. Project Consfruction: Construction will be elosely monitored to achieve the desired results of the design. Excavation will create a wetland and a path that will welcome visitors to observe and study the completed project. C. Wetland Planf Management: I,ong term wedand management is critical to the success of a restored wetland. The first few yeazs are the most important as the planted plants must compete with weeds and other invasive plants for suzvival. A three year plant management contract will be let to insure that desired plants will get firmly established. Timeline for Completion of Objectives: Objective A: Design and Engineering Objective B: Pro}ect Construction 1/97 U98 U99 U00 X� X XX XX Objective C: Wet]and Plant Management V. ObjectiF�es/O utcome: A. TiBe of Objective/Outcome: Design and Engineering A.1 Aetivity: Preliminary Design XX-> A.l.a. Context within the project: Preliminary design is a key to the success of the project. Urban wedand areas have been greatly degraded in the last century of urban development. While understanding of the importance and broad public benefit of wetiands and wefland testorations is increasing, wetland restoration in this kind of urban environment is raze. Common wetland restoration practices have generally been inadequate to achieve biodiversity that resembles natutal wetlands. This project is being done in partnership with the DNR and leading wetland experts we are fortunate to have at the University of Minnesota, including Dr. Joan Nassauer, University Of Minnesota Degt, of Landscape Architecture (now at the University of Michigan) and Dr. Sue Galatowitsch, University of Minnesota Dept. of Horticulture. Together, they wiil study and expand our understanding of how to achieve biodiversity in wetland restoration. The preliminary design will also show how this restored wetland can be incorporated into an overall glan for the Phalen concept plan. The goal of the Phalen concept plan is to transform the area from one that is a blighting influence harmful to property values in surrounding neighborhoods into a safe, stable, attractive A-1 q� 'd'9`f community center that meeLS neighborhood needs and is an asset to the East Side. To do that, [he plan includes a package of bold, interrelated actions: to create an urban village with balanced housing op[ions and a commerciai presence reconstituted both geographically and in terms of mazket. It also creates a stronger connection to Lake Phalen and the natural landscape, with a wetland park and public open space system, it adds a significant amenity and value to the area provides access to transit, jobs and job training. A.1.6. Mefhods: Common urban storm water managemenY practices involve making sure storm water piper are lazge enough and, more recently, providing storm water detention basins to slow the rate of runoff. The Phalen wedand project represents a new and much more ecological approach to urban storm water management. The wetiand will be designed to filter and clean storm water and at the same time to provide valuable habitat for witdlife and an amenity for the surrounding neighborhood. A.1.c. Bud�et: A.l.d. Timeline: 6/97 1/98 6/98 Product #1: Preliminary Design XX A.l.e. Workprogram Update: March 1, 1998 Professor Joan Nassauer and Barr Engineering were selected to develop a preliminary design. Fred Rozumaliski, a former student of Professor ioan Nassauer, is responsible for this design. During the fall of 1997, Fred and Joan developed the preliminary plan. This activiry has been completed. A. Titte of ObjecfivelOufcome: Design and Engineering A.2 Activify: Engineering, Grading Plan and Inspection A.2.a. Context within the projecf: Using the guidelines developed in the preliminary design, engineers will prepaze design and specifications for grading and site amenities such as paths and lighting. Close inspection during construction by the design team will insure that site grading and related construction is done according to the detailed plans and specifications. A.2.b. Methods: This part of the design wall follow the guidelines developed in the preliminary design and nationally accepted standards for the design of wetlands which are based on the results of the Nationwide Urban Runoff Program (USEPA, 1983} . A-2 Q8 -�9`t A.2.c. Budget: A.2.d. Timeline: 6197 ll98 6/98 U99 Product #1: Plans and Specifications XXX A.2.e. Workprogram Updafe: March 1,1998 The design of the grading plan has started_ There aze many parameters to consider including: availability of ground and surface water, elevation of the water surface, amount of `bounce' in the water level, ADA requirements for access, safe siopes to the wetland, etc. June 1, 1998 The grading plan is finished. Plans are currently being reviewed by various agencies. A. Title of Objective/Outcome: Design and Engineering A.3 Activity: Planting and Management Plan A.3.a. Contexf within the projecf: The proper selection of plant materials is a key factor in achieving the goal of a biodiverse wetland. It will also be very beautiful and will hopefully encourage the development of more wetlands. A.3.b. Mefhods: Using the guidelines developed in the preliminary design, plant materials wiil be selected and positioned in the wetland plan. Special consideration will be given in selecting plant materials that aze compatible in a wefland environment, will coexist with the other piantings, will enhance wildlife habitat and aze visually appealing. A3.c. Budget: Grant Total A.3.d. Timeline: $ 0 0 20,000 0 $20,000 U98 6/98 Product #1: Plans and Specifications 0 $10,000 U99 XX X% A-3 98' -�`l A_3.e. Workprogram Update: July 1, 1998 Fred Rozumalski of Barr Engineering continues to develop a planting plan. Construction of ihe wetland will begin in the late summer of 1998. Final grading will be accomplished in the spring of 1999. To sta6ilize the site, a cover crop of oats or similaz annual plant will be ptanted once the initial grading is done. B. Tifle of Objective/Outcome: Project Construction S.1 Activity: Construction of Wetland #1 (Tennis Court Site) B.l.a. Context wifhin the project: This wetland is downstream of the wetland restored in the first phase. A pipe will be constructed under Maryland Avenue to bring water from the upstream wetland into this one. After passing through this wetland, water will flow to the wedand at Geranium Avenue and then on to the Ames Lake Wetland. B.l.b. Budget: B.l.c. Timeline: 6/98 1/99 6/99 1100 Product #1: Excavate and plant XXX B.l.d. Workprogram Update: July 1,1998 This site, located at the south east corner of Johnson Pazkway and Maryland Avenue, has four tennis courts that need to be relocated. The City's Parks Departrnent is trying to find an altemate site and budget to replace these courts. This site will not be restored this yeaz as originally planned. B. Title of Objectivel0utcome: Project Construction B.2 Activity: Construction of Wetland #2 (Geranium Avenue) B.2.a. Context within the project: This site is an existing wetland located at Geranium Avenue and }us[ east of the railroad berm. At the present time it is in very poor condition. Water from Lake Phalen will flow from Wetland #I to this one and then on to Ames Lake Wetland. A-4 9 g -�`I B.2.c. Budget: B.2.d. Timeline: Product #1: Purchase, excavate and plant B.2.e. Workprogram Update: 6/98 1/99 6/99 1/00 XXX July 1, 1998 There is a very degraded wetland at this site. It is also privately owned. The City is in contact with the owner and we expect that a purchase agreement wiil be signed in a coupie of months. Restoration will take place next spring. B. Title of ObjectiveJOutcome: Project Construction B.3 Acti�ify: Construction of Wefland #3 (Ames Lake Wetland) S.3.a. Context within the project: Tlus restoration wili use the south- central part of the Phalen Center site to restore part of Ames Iake wefland that once was there. Like Centennial Lakes in Fdina, the restored Ames L.ake Wefland will be designed as a neighborhood signature ameniry to enhance property values and to help attract qualiry commercial and residential development. It will help create a connection between Phalen Village and Phalen Pazk - the major amenity and positive influence on groperty values in the neighborhood. B,3.b. Budget: B.3.c. Timeline: 6/98 U99 6/99 Product #1: Restore Wetland XXX XX G�.? q$-P9y B.3.d. Workprogram Update: July 1, 1998 In January of this year, demolition of the Phalen Shopping Center began. The whole complex will be demolished with the exception of the grocery store at the west end. The wetland restoration project will be constructed as part of the Prosperity Avenue reconstruction project. At the present time, contract plans are being routed to state and local agencies for approval. - B. Title of ObjectivelOutcome: Project Construction B.4 Activity: Planting B.4.a. Context within the project: In the first phase of the Phalen Wetland Restoration Project, we relied on volunteers to do the planting. On the positive side, it got the community involved and we perhaps saved some money. On the other hand, it took a great deal of time to coordinate this effort and quality control was difficuit to achieve. For this phase, the planting wi11 be contracted out to a company experienced in planting wetlands. Construction of the Ames Lake Wetland will be done in two phases, a cover crop of oats or other similar annual will be planted soon after the initial excavation. Next yeaz, following fmal grading, the site will be planted with wetland and upland plants. B.4.b. Methods: The glanting will be accomplished according to glans and specifications. It is anticipated that wefland soils may have to be brought in to meet specifications. B.4:c. Budget: B.4.d. �lmeline: 6198 U99 6/99 U00 6100 Product #1: Planting of the Site X XX XX B.4.e. Workprogram Update: C. Title of Objecfivel0ufcome: Management C.2 Activity: Long Term Wetland Plant Management C.2.a. Confext within the project: One of the goals of this wetland restoration is to create a biodiverse habitat. To obtain that diversity, many different species of A-6 q$ -�+� plants will be se(ected. Those newly planted wetland plants and seeds will have to compete with invasive weeds. If this restored wetland is to be successful, it is critica] to insure the survival of the wetland plants_ Most intensive management is required in the first few years. Once the plants are firmly established, annual maintenance is less than required for a similar size area of turf. It is proposed to contract this management service for three years. C.2.b. Methods: Wetland plant management will consist of periodically walking through the wetland and spot spraying oc pulling out invasive plancs. It will also involve reptacing some plants as necessary. C.2.c. Budget: C.2.d. Timeline: 1/99 6/99 1/00 6/00 U01 6/Ol 1/02 XX XX XX Product #1: Long Term Wetland Management Contract C.Z.e. Workprogram Update: A-7 �t8 -gqy EXHIBIT B—PROJECT BUDGET OBJECTIVES/OUTCOMES LCMR RWMWD ST. Paul TOTAL A. Design and Engineering A.l Preliminary Design A2 Engineering, Grading Plan, and Inspecrion A3 Planting and Management Plan B. Project Conshucfion B.1 Conslruction of Wetland #1 (Tennis Court Site) B.2 Construction of Wetland #2 (Geranium Ave) B3 Construction of Wetland #3 (Ames Lake) B.4 Planting C. Management C.1 Longterm Wetland Plant Management TOTAL $0 $9,000 $0 $0 $0 $41,000 $53,163 $50,000 $0 $0 $20,000 $� $9,000 $144,163 $2�,�Q0 $0 $0 $29,625 $200,000 $229,625 $0 $0 $53,028 $0 $53,028 $45,900 $440,668 $214,686 $100,000 $801,254 $0 $109,332 $19,498 $0 $125,830 $0 $54,100 $0 $0 $0 $54,100 $100,000 $600,000 �