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8.3. SR 03-07-2016City of Elk — River Request for Action To Item Number Mayor and City Council 8.3 Agenda Section Meeting Date Prepared by Action Item March 7, 2016 Michael Hecker, Parks and Recreation Director Item Description Reviewed by Restoration Agreement with Friends of the Cal Portner, City Administrator Mississippi River for Restoration Activities within Reviewed by the William H. Houlton Conservation Area Action Requested Adopt, by motion, a restoration agreement between Friends of the Mississippi River (FMR) and the City of Elk River to conduct restoration activities within the William H. Houlton Conservation Area. Background/Discussion City Council approved a Memorandum of Understanding (MO" on January 20, 2015, between the FMR and the city to develop a Natural Resource Management Plan (NRMP) for the Houlton property and the Bailey Point Nature Preserve. The completion of the NRMP for the Houlton property is one of the most important responsibilities of the Houlton planning committee. The NRMP with over 95 pages was completed just last week after nearly one year of work by the FMR staff, Houlton planning committee members and city staff. The restoration agreement basically outlines the list of activities as defined in the NRMP that the FMR will complete to conduct habitat restoration and enhancement activities within the William H. Houlton Conservation Area. This includes hiring a contractor through a formal Request for Proposal to remove exotic invasive woody species from forested portions of the property and restoring prairie to the existing agricultural field. The restoration agreement states that the FMR will contribute up to $597,600 toward the restoration/enhancement activities. FMR's funds for these activities have or are anticipated to be provided by grants from the Outdoor Heritage Fund as appropriated by the Minnesota Legislature. City Attorney Peter Beck did review and approve the attached restoration agreement. Financial Impact The FMR will contribute up to $597,600 as appropriated by the Minnesota Legislature. The city will contribute $10,000 to the FMR in each of the five years covered by the agreement. This is budgeted from the Park Improvement Fund for 2016 and will be planned for the next four subsequent years. Attachments ■ Restoration Agreement including Exhibits A, B, C P a w E A E U s r NaA f RE] Friends of the Mississippi River 360 N Robert Street, Suite 400 • Saint Paul, MN 55101 •651/ 222-2193 • Fax 651/ 222-6005 Restoration Agreement Between Friends of the Mississippi River And The City of Elk River Minnesota This Agreement establishes a partnership between Friends of the Mississippi River (FMR) and the City of Elk River, Minnesota for the purposes of conducting habitat restoration and enhancement activities within the William H Houlton Conservation Area, as described in the William H Houlton Conservation Area Natural Resource Management Plan. Together, the Parties enter into this Agreement to mutually improve the natural communities within the William H Houlton Conservation Area. Accordingly, FMR and the City of Elk River operating under this Agreement agree as follows. L DELIVERABLES Using the William HHoulton Conservation Area Natural Resource Management Plan, FMR agrees to conduct the list of activities within the William H Houlton Conservation Area as specified in Exhibits A (activity list and approximate timeline spreadsheet) and B (map showing activity areas). These activities include: hiring a contractor(s) to remove exotic invasive woody species from forested portions of the property and restoring prairie to the existing agricultural field. Using an adaptive management approach to enhancing the natural features of the site, FMR may find it necessary to use other techniques to achieve the goals. FMR will consult with city staff prior to utilizing other techniques not specifically identified in this agreement. As the grantee, FMR will be responsible for submitting biannual update reports to the LSOHC as required. FMR agrees to provide an annual update report to the City of Elk River. • FMR, using an appropriation from the Minnesota Legislature (ML 2014, Ch. 256, Art. 1, Sec. 2, Subd. 5(d)), as part of the Metro Big Rivers Habitat partnership, phase V, will conduct woody exotic invasive plant removal/control on a minimum of 70 acres within the forested portion of the WHHCA. • If appropriated by the 2016 Legislature, FMR will use a grant from the Outdoor Heritage Fund, as part of the Metro Big Rivers Habitat partnership; phase VII, to restore a diverse prairie to 160 acres of agricultural land at the site. The specific techniques that will be utilized to pursue the activity list presented in Exhibit A of this agreement will be developed in conjunction with the Contractor to help ensure the effectiveness and efficiency of these activities. IL RESPONSIBILITIES Each party will appoint a person to serve as the official contact and to coordinate the activities of each organization in carrying out this agreement. The appointees of each organization are: Friends of the Mississippi River The City of Elk River Tom Lewanski, Conservation Director Michael Hecker Parks and Recreation Director 360 North Robert Street, Suite 400. St. Paul, MN 55101 763.635.1161 w 763.635.1090 651-222-2193 Ext. 12 13065 Orono Parkway I Elk River I MN 155330 tlewanski@finr.org MHecker@E1kRiverMN.gov The partnering organizations agree to the following tasks for this agreement: FMR will: • Contribute up to $597,600 toward the restoration/enhancement activities presented in Exhibit A. FMR's funds for this project have or are anticipated to be provided by grants from the Outdoor Heritage Fund as appropriated by the Minnesota Legislature. FMR's ability to provide this funding depends on the grant funds being appropriated by the Minnesota Legislature. • Whenever possible, notify the city's designated contact when the contractor(s) plan to be on-site to conduct activities associated with this project. • Secure all permits, variances, and/or official permission required to conduct the activities • Submit invoices in timely manner. • FMR guarantees that the work that it will do as part of this Agreement and according to the approved work plan will be done in accordance with applicable standards in a workman like manner. However, FMR disclaims and excludes any warranties of any kind including but not limited to fitness, whether implied or expressed, for a particular purpose or merchantability. • Be responsible for its contractors. Contractors shall be required to provide proof of insurance to the City demonstrating general liability coverage of at least $1,500,000 per occurrence and aggregate prior to beginning work under this agreement and agree in writing to defend, hold harmless and indemnify the City from any and all liability arising out of contractor's performance of its duties. Contractor(s) to the extent of the work to be performed are to be bound by the terms of this agreement. • Provide to the city, prior to or concurrent with the execution of this agreement, certificate(s) of insurance (Exhibit C) naming the City of Elk River as certificate holder or certified copies of such existing policies of insurance, demonstrating general liability coverage of at least $1,500,000 per occurrence and aggregate. • Indemnify, save, and hold harmless the City of Elk River, its officers, employees, agents, and others acting on its behalf from any claims or causes of action, including attorney's fees incurred by the City, to the extent caused by FMR's: o Intentional, willful, or negligent acts or omissions; or o Actions that give rise to strict liability; or o Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the City's sole negligence. This clause will not be construed to bar any legal remedies FMR may have for the City's failure to fulfill its obligation under this agreement. Follow best management practices to minimize negative impacts including but not limited to: soil compaction, rutting, and other soil disturbances; herbicide drift and non -target impacts; disturbance to nesting birds and other wildlife. Follow the agreed upon work plan (Exhibit A). The restoration activities presented in Exhibit A are in keeping with the Natural Resource Management Plan developed for the WHHCA. However, unanticipated weather, contractor, and site condition issues may necessitate changes to this work plan. Any recommended changes to the work plan will be discussed with the City of Elk River's project representative. The City of Elk River will: • Contribute up to $10,000 in each of the five years covered by this agreement toward the restoration/enhancement activities presented in Exhibit A. • Assist FMR in obtaining any necessary permits. • Be available to consult on the project. • Pay invoices promptly. • Inform appropriate city departments when FMR or any of its contractors will be on site to conduct the activities presented in Exhibit A. • Grant permission to Friends of the Mississippi River and any contractors that it hires to conduct restoration/enhancement activities at this site and grant unobstructed access to the project site. • Conduct outreach required to inform neighborhood/community of the activities associated with this restoration/enhancement project. • Not undo the restoration/enhancement activities performed by FMR as per state funding requirements. The city will retain any installed planting/restoration work and not disturb, degrade or remove it by other activities, including mowing, except as part of the installation process. Plants installed in the restoration site and all other management activities, including use of herbicides, mowing, etc must comply with the Natural Area Management Plan. If the City of Elk River must temporarily impact the restoration site to respond to emergent issues affecting normal business activities, it is the responsibility of the City of Elk River to ensure that the site will be restored to the pre -impact conditions as soon as possible, using its own funding. Consultation with FMR prior to any such work is strongly suggested, to ensure minimizing impacts and achieving proper mitigation. • Display a Clean Water, Land & Legacy Amendment sign at the site. This sign will be provided by FMR. In addition, it will cite the Outdoor Heritage Fund as a funder for the project in any promotional information that is produced by the city regarding this project. III. TERM OF UNDERSTANDING The term of this Agreement is for a period beginning when both parties sign this agreement and ending December 31, 2020. Changes to this Agreement must be in writing and signed by both organizations. IV. BUDGET The budget presented here is draft and subject to change. The expenses are approximate and will be finalized when bids are received and a contractor is selected. In addition, FMR utilizes an adaptive management approach to habitat restoration and enhancement. Issues may arise during the course of this project that may require attention and which may necessitate the reallocation of funds between the expense lines within the budget. Expenses Funding Type Amount Outdoor Heritage City of Elk United States Fish & wildlife Total Fund River Service Project Management $53,346.00 $19,600.00 $33,746.00 $0.00 $53,346.00 Grant Management $13,747.00 $5,600.00 $8,147.00 $0.00 $13,747.00 Contractor $475,100.00 $472,600.00 $0.00 $2,500.00 $475,100.00 expenses Supplies /equipment $105,607.00 $97,500.00 $8,107.00 $0.00 $105,607.00 Travel $2,300.00 $2,300.00 $0.00 $0.00 $2,300.00 Total $650,100.00 $597,600.00 $50,000.00 $2,500.00 $650,100.00 Authorization On behalf of the organization I represent, I agree to fulfill my responsibilities outlined in this Agreement. Whitney Clark Executive Director Friends of the Mississippi River The City of Elk River John J. Dietz Mayor Date Date Tina Allard Date City Clerk Attachments: Exhibit A - Activity list and approximate timeline spreadsheet Exhibit B - Map showing activity areas Exhibit C — Certificate of liability insurance Exhibit A: List of Restoration Activities Year Season Units Activity Acres PHASE 1. REMOVE INVASVIVE WOODY AND UNDESIREABLE NATIVE WOODY SPECIES Cut and treat non-native woody brush and trees and other undesirable native woody brush in the areas surrounding the homestead/barns. These include FF1 and the vegetation types along 10 the NW edge of the property: altered grassland, Unit 1 altered forest, and oak savanna. (FF -1 and neighboring Haul brush to piles and either chip, remove or burn in 1 Fall/winter areas) winter. Seed open areas after removal. Cut and treat non-native woody brush and trees and other undesirable native woody brush in the large floodplain unit (FF -2). Buckthorn here is denser than in other units. Haul brush to piles and either chip, 19 remove or burn in winter. Seed open areas after Unit 1 removal. 1 Fall/winter (FF -2) Cut and treat non-native woody brush and trees and other undesirable native woody brush in the more traditional floodplain units (FF -3 and 4). Haul brush to 28 piles and either chip, remove or burn in winter. Seed Unit 1 open areas after removal. 1 Fall/winter (FF -3, FF -4) Cut and treat non-native woody brush and other undesirable native woody brush on a portion of the floodplain island. Haul brush to piles and either chip, 13 remove or burn in winter. Seed open areas after 1* Fall/winter Unit 3 removal. Spot/broadcast spray invasive seedlings from 70 2 Fall Units 1, 3 seedbank and any resprouts Spot/broadcast spray invasive seedlings from 70 3 Fall Units 1, 3 seedbank PHASE 2. RESTORE PRAIRIE AND PROTECT REMAINING PRAIRIE/SAVANNA Breeding bird survey before restoration occurs. 0/1 June Units 1-3 Should be the same as Phase 1 survey. 335 Broadcast and/or spot spray non-native grasses (smooth brome, Kentucky bluegrass) and other 160 Late herbaceous invasive species along field edges and in 1* spring Units 1-3 existing grassland units. Purchase mesic prairie/savanna seed mix for use on 160 1 Summer Unit 2 the agricultural field. Prep the agricultural field for seeding: after the annual crop is harvested, disc in remaining residue and 160 1 Fall Unit 2 harrow field to provide smooth seeding environment. Drill seed agricultural field with native prairie seed mix. Consider adding a cover crop (winter wheat) to 160 1 Fall Unit 2 prevent erosion. Conduct three prairie establishment mows when 160 2 Summer Unit 2 vegetation reaches 12in in height. Mow to 4-6in. Exhibit A: List of Restoration Activities * Items with an asterisk are lower priority and will be undertaken only if funds and logistics allow. Conduct one establishment mow when vegetation 160 reaches 12in in height. Mow to 4-6in. Spot mow or 3 Summer Unit 2 spray as necessary Conduct prescribed burn on one third of prairie. Let 53 4 Spring Unit 2, 1 fire run into neighboring units where possible. Drill or broadcast seed native prairie species into grassland areas after burn (could also be dormant - 4* Spring Unit 1 seeding if burn is done in fall) 53 4 Summer Unit 2 Re-evaluate establishment success after burn. Conduct prescribed burn on second third of prairie. 53 5 Spring Unit 2 Let fire run into neighboring units where possible. Drill or broadcast seed native prairie species into grassland areas after burn (could also be dormant - 5* Spring Unit 1 seeding if burn is done in fall) 53 5 Summer Unit 2 Re-evaluate establishment success after burn. Conduct prescribed burn on final third of prairie. Let 53 6 Spring Unit 2 fire run into neighboring units where possible. Drill or broadcast seed native prairie species into grassland areas after burn (could also be dormant - 6* Spring Unit 1 seeding if burn is done in fall) 53 6 Summer Unit 2 Re-evaluate establishment success after burn. Plant copses with bare -root or potted bur oaks throughout the prairie. Plant 5-10 copses of 5-10 individuals each throughout the restoration. Other - shrub species can be added as desired. Can plant 6* Spring Unit 2 after a burn to reduce competition. 6* Summer Unit 2 Water planted oaks as needed throughout summer. 335 7* June All Units Breeding bird survey, after restoration * Items with an asterisk are lower priority and will be undertaken only if funds and logistics allow. U 0.125 0.25 0.5 N 1.8,44 Miles Exhibt I3 _Map of work units FRIEOFT-02 MDJORDAN ACORO CERTIFICATE OF LIABILITY INSURANCE ATE (MM/DD/YYYY) P1/14/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bremer Insurance Agencies, Inc. 633 South Concord Street - Suite 225 PO Box 188 South Saint Paul, MN 55075 PHONE 651 552-2424 FAx 651 450-5158 A/c No Ext): ( ) (A/C, No): ( ) E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Alliance of Nonprofits for Insurance (ANI) INSURED INSURER B: $ 1,000,000 INSURER C : CLAIMS -MADE 1XII OCCUR Friends of the Mississippi River INSURER D : 2015-39758 360 N Robert St Ste 400 Saint Paul, MN 55101 INSURER E: DAMAGE TO RENTED PREMISES Ea occurrence INSURER F: MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1XII OCCUR 2015-39758 05/14/2015 05/14/2016 DAMAGE TO RENTED PREMISES Ea occurrence 500 000 $ r MED EXP (Any one person) $ 20,000 PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 GEN'L X POLICY D PRO- JECT [::] LOC PRODUCTS - COMP/OPAGG $ 3,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ A EXCESS LAB CLAIMS -MADE 2015-39758-UMB 05/14/2015 05/14/2016 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Elk River Parks & Recreation is listed as an addtional insured CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Elk River Parks &Recreation City o THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orono Parkway Elk River, MN 55330 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD