Loading...
HomeMy WebLinkAboutItem 06.fFebruary 25, 2014 0 Item No. AGREEMENT WITH ENERGYSCAPES, INC. AND PRAIRIE RESTORATIONS, INC. FOR MAINTENANCE SERVICES March 3, 2014 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with EnergyScapes, Inc. and Prairie Restorations, Inc Passage of this motion will establish City, EnergyScapes, Inc. and Prairie Restorations, Inc. responsibilities and costs associated with providing rain garden, shoreline, prairie and woodland maintenance services. Overview The City has contracted with maintenance companies to manage and protect various shoreline, rain garden and prairie areas locations throughout the City. Required maintenance varies due to location and scope of work, therefore the City requested two -year maintenance agreements to achieve competitive pricing, reduce overall project costs, maximize service and maintenance capabilities and reduce administration time. The City received quotes for the maintenance services. The quotes ranged from a low quote of $io,86o submitted by EnergyScapes, Inc. to a high quote of $18,3.20 for rain garden and shoreline maintenance services. The quotes ranged from a low quote of $35,825 submitted by Prairie Restorations, Inc. to a high quote of $38,620 for prairie and large area maintenance services. Attached are the contracts that provide the scope of work, estimated costs and schedule for completing the maintenance services. Primary Issues to Consider • Are the companies qualified to complete the work? The companies have demonstrated the ability to effectively and successfully provide quality maintenance services to the City in the past. Supporting Information • Contract for Rain Garden and Shoreline Maintenance Services with EnergyScapes, Inc. • Contract for Prairie a Large Area Maintenance Services with Prairie Restorations, Inc. McKenzie Caff y Environmental Resources Manager Financial Impact: $46,685 Related Documents (CIP, ERP, etc.): Notes: Budgeted: Yes Source: Utility Fund — Env. Resources CONTRACT FOR RAIN GARDEN AND SHORELINE MAINTENANCE SERVICES AGREEMENT made this 11 "h day of f6b ru , 2014, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City ") and ENERGYSCAPES, INC., a Minnesota corporation ( "Contractor ".) IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The Contractor agrees to perform the services set forth in the contract documents. Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the contract documents. The Contract Documents are this contract and the following Exhibits: Exhibit "A" - Rain Garden and Shoreline Maintenance City Property Descriptions/Locations, Exhibit "B" — Rain Garden and Shoreline Maintenance Scope of Services, and Exhibit "C" — Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit "A ", and (iii) Exhibit "B ", (IV) Exhibit "C ". 2. COMPENSATION. Contractor shall be paid by the City for the services described in Paragraph 1 in accordance with the attached fee schedule, Exhibit "C" but not to exceed $10,860.00 which is inclusive of reimbursable expenses. The City is sales tax exempt. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty (30) days of receipt of an invoice. 3. TERM. The term of this contract is March 4, 2014 through December 31, 2015. 4. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 5. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 6. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor's services. 7. INDEMNIFICATION. The Contractor shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, to the extent caused by the negligent acts or omissions of the Contractor. Doc. #174613v.1 1 RNK: 1/28/2014 8. INSURANCE. Contractor shall secure and maintain such insurance as will protect Contractor from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence /aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence /aggregate The City shall be named as an additional insured on the general liability and umbrella policies. The Contractor shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Contractor, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum of $125,000. Before commencing work the Contractor shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to the City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer's intention to cancel this insurance. 9. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 10. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor's receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 11. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 12. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Doc. #174613v.1 2 RNK: 1/28/2014 13. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 14. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 15. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 16. RECORDS. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. 17. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 18. TERMINATION. This Agreement may be terminated by City on two (2) days' written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another Contractor to undertake or complete the work identified in Paragraph 1. Doe. #174613v.1 RNK: 1/28/2014 Dated: , 2014 Dated: ( I C&'O' - u-'4q , 2014 CITY OF LAKEVILLE BY: Mayor BY: City Clerk ENERGYSCAPES, INC. 4 M M O M Doe. #174613v.1 RNK: 1/28/2014 EXHIBIT "A" CITY PROPERTY DESCRIPTIONS/LOCATIONS 1. Lot 1, Block 1, Heritage Library Addition (20195 Holvoke Avenue Location 1 Heritage Rain Garden 2. Casperson Park (10900 195' Street) Location 2 Rain Garden and Lake Marion Shoreline 3. Outlot A & B, Donnays Valley Park 6 rh Addition - Valley Lake Park 06050 Garrett Path) Location 3 Valley Lake Shoreline and Rain Garden 4. Lot 1, Block 1, Valley Lake I" Addition — Lakeville Liquors (16000 Galaxie Avenue) Location 4 Rain Gardens 5. Steve Michaud Park (17100 Ipava Avenue) Location 5 Rain Garden Map Attached Doc. 4174613v.1 RNK: 1/28/2014 EXMBIT `B" SCOPE OF SERVICES Section 1— Timing of Weed Control 1.1 Inspection of Area Inspections should be conducted based on growing season and weed cycles. 1.2 Scheduling Maintenance is to occur before seed -out of weedy species. A weed -free appearance is the desired outcome. Invasive species are to be controlled by mechanical or chemical means three times during the growing season as needed. Environmental Resources staff must be contacted prior to maintenance activities. Section 2 — Tyne of Maintenance 2.1 Mechanical or Hand Removal The Contractor shall use hand removal near desirable species where practical. Mechanical tools can be used as directed by Environmental Resources staff. When possible the emphasis on root removal is the preferred method of maintenance, but methods used are species dependent. 2.2 Chemical Use Some species are persistent and are not properly controlled without chemical usage. Spot spraying should be done as sparingly as possible while still providing enough coverage that the rain garden is maintained with a weed -free appearance. Chemicals should be used early in the growing process in order to stunt growth and prevent large dying plant stocks in the rain garden which happens when plants are treated chemically late in their growth cycle. Particular attention should be paid to inlets to ensure weeds don't become established in the rocked areas. 2.3 Inlet Maintenance Early spring is often the time inlet maintenance will be needed. The Contractor is responsible for disposing of accumulated sediment and debris. Any maintenance beyond scope of contract should be reported to Environmental Resources staff to resolve. Doc. #174613v.1 6 RNK: 1/28/2014 Section 3 — General Guidance 3.1 Volunteer Native Species The Contractor shall keep any volunteer native oak tree species in rain gardens. Other native plants or trees that weren't planted in each rain garden should be pointed out to Environmental Resources staff to determine if they should be kept or removed. 3.2 Weedy Species No Siberian Elms or Willows are wanted in rain gardens. Willows maybe wanted in shoreline areas, therefore check with Environmental Resources staff before removal of willows near /in shoreline areas. Special attention to the removal and control of thistle is needed at all locations. 3.3 Turfgrass Encroachment Turfgrass encroachment is an issue at all rain garden and shoreline locations. Keeping an edge is important at each location and will likely need to be done chemically. Section 4 — Site Specific Information 4.1 Lot 1, Block 1, Heritage Library Addition (Rain Garden — Location 1) Particular attention should be paid to plant growth in rocked inlets due to issues with a plant that is persisting in that area and is unwanted. Common milkweed is becoming an issue in this rain garden and should be controlled. 4.2 Casperson Park (Shoreline Restoration — Location 2) Spot treatment of Reed Canary Grass or any Purple Loosestrife is needed at this location. 4.3 Outlot A, Donna sy Valley Park 6 r '' Addition - Valley Lake (Rain Garden — Location 3) River Bulrush is a persistent problem at the middle inlet to the rain garden. If the plants can remain in control and do not spread any further into the rain garden, then maintenance is needed to keep it at the one inlet. If the River Bulrush is causing issues to other plant species, the plant may need to be removed and managed for exclusion. Discuss with Environmental Resources staff. 4.4 Lot 1. Block 1. Vallev Lake I" Addition (Lakeville Liquors Rain Gardens — Location 4 There is Cattail and Woolgrass present in the east rain garden. The Woolgrass can remain, but abundance should be monitored. The Cattails should have seedheads removed prior to seed dispersal. Hand edging of the rain garden boundary maybe needed to limit turf encroachment (possibly followed up with mulch installation by STS crews — directed by Environmental Resources staff). 4.5 Steve Michaud Park (Rain Garden - Location 5) The forebay to the rain garden should be mowed to maintain a kept appearance. The dry rock bed should be kept as weed free as possible. Doc. #174613v.1 7 RNK: 1/28/2014 EXHIBIT "C" SCHEDULE OF PAYMENT AND FEE SCHEDULE Doc. #174613v.1 RNK: 1/28/2014 Landowner: City of Lakeville Project: Rain Garden and Shoreline Maintenance Locations 2014 -15 Quote Proposal from: EnergyScapes, Inc. Location 1. Heritage Library Footprint of area: 5,350 sq. ft. PRICE Rain Garden 2014 Invasive species control by mechanical or 742 chemical means three times during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control by mechanical or 742 chemical means three times during the growing season as needed and confirmed previous to treatment by city staff Location 2. Casperson Park Footprint of area: 3,000 sq. ft. PRICE Rain Garden 2014 Invasive species control by mechanical or 792 chemical means three times during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control by mechanical or 640 chemical means three times during the growing season as needed and confirmed previous to treatment by city staff Casperson Park Footprint of area: 1,300 sq. ft. PRICE Shoreline 2014 Invasive species control by mechanical or 586 chemical means two times during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control by mechanical or 502 chemical means two times during the growing season as needed and confirmed previous to treatment by city staff Location 3. Valley Lake Park Footprint of area: 8,400 sq. ft. PRICE Rain Garden 2014 Invasive species control by mechanical or 1,226 chemical means three times during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control by mechanical or 840 chemical means two times during the growing season as needed and confirmed previous to treatment by city staff Doc. #174613v.1 RNK: 1/28/2014 Doc. #174613v.1 RNK: 1/28/2014 Valley Lake Park Footprint of areas: both 400 sq. ft. each PRICE Shoreline 2014 Invasive species control by mechanical or 268 chemical means two times during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control by mechanical or 268 chemical means three times during the growing season as needed and confirmed previous to treatment by city staff Location 4. Lakeville Liquors Footprint of areas: 6,800 AND 5,900 sq. ft. PRICE Rain Gardens (2) 2014 Invasive species control by mechanical or 1,566 chemical means three times during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control by mechanical or 1,112 chemical means three times during the growing season as needed and confirmed previous to treatment by city staff Location 5. Steve Michaud Footprint of areas: < 5,000 sq. ft. PRICE Park Rain Garden 2014 Invasive species control by mechanical or 588 chemical means three times during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control by mechanical or 688 chemical means three times during the growing season as needed and confirmed previous to treatment by city staff Travel time for three visits 150 Total 2014 $5,918 Total 2015 $4,942 TOTAL $10,860 Additional Maintenance Per Visit Cost Rain Garden Shoreline Price Price 2014 Invasive species control by mechanical or chemical means as 150* directed by city staff 2015 Invasive species control by mechanical or chemical means as 150* directed by city staff *Travel time between Saint Paul and Lakeville Doc. #174613v.1 RNK: 1/28/2014 CONTRACT FOR PRAIRIE AND LARGE AREA MAINTENANCE SERVICES AGREEMENT made this day of , 2014, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City ") and PRAIRIE RESTORATIONS, INC., a Minnesota corporation ( "Contractor ".) IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The Contractor agrees to perform the services set forth in the contract documents. Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the contract documents. The Contract Documents are this contract and the following Exhibits: Exhibit "A" - Prairie and Large Area Maintenance City Property Descriptions/Locations, Exhibit "B" — Prairie and Large Area Maintenance Scope of Services, and Exhibit "C" - Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit "A ", (iii) Exhibit `B ", (IV) Exhibit "C ". 2. COMPENSATION. Contractor shall be paid by the City for the services described in Paragraph 1 in accordance with the attached fee schedule, Exhibit "C" but not to exceed $35,825.00 which is inclusive of reimbursable expenses. The City is sales tax exempt. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty (30) days of receipt of an invoice. 3. TERM. The term of this contract is March 4, 2014 through December 31, 2015. 4. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 5. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 6. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor's services. 7. INDEMNIFICATION. The Contractor shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, to the extent caused by the negligent acts or omissions of the Contractor. Doc. #I74577v.I 1 RNK: 1/27/2014 8. INSURANCE. Contractor shall secure and maintain such insurance as will protect Contractor from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence /aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence /aggregate The City shall be named as an additional insured on the general liability and umbrella policies. The Contractor shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Contractor, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum of $125,000. Before commencing work the Contractor shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to the City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer's intention to cancel this insurance. 9. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 10. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor's receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 11. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 12. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Doc. #174577v.1 2 RNK: 1 /27/2014 13. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 14. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 15. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 16. RECORDS. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. 17. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 18. TERMINATION. This Agreement may be terminated by City on two (2) days' written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another Contractor to undertake or complete the work identified in Paragraph 1. Doc. #174577v.1 3 RNK: 1/27/2014 Dated: , 2014 Dated: ' — I 2014 CITY OF LAKEVILLE BY: Mayor BY: City Clerk PRAIRIE RESTORATIONS, INC. Its L l� ca.,G�e , �*'�•'1Q. `ter^` Doc. #174577v.1 RNK: 1/27/2014 EXHIBIT "A" CITY PROPERTY DESCRIPTIONS/LOCATIONS 1. Outlot A, Marion Village 205' Street Channel — Located north of 205` Street behind homes along Jupiter Way and Kensington Way for -- 500 feet from 205 Street. 2. Outlot A, King Creek Greenway Addition Water Treatment Facility Wetland Bank — Located north of 18400 Ipava Avenue, south of 183` Street and east of Ipava Avenue. 3. Old Agriculture Field Areas A & B Located north of the farmland that is located north of Lakeville Boulevard /County Road 50 and east of Gateway Drive. 4. Old Agriculture Field Area C Located southeast of 21350 Cedar Avenue and north of South Creek. 5. King Park (18350 Dodd Boulevard) Miracle Field 6. Ritter Farm Park (19300 Ritter Trail) Ritter Farm Park Prairie 7. East Lake Community Park (16700 Pilot Knob Road) Outlot UU, Spirit of Brandtjen Farm Park Map Attached Doc. #174577v.1 RNK: 1/27/2014 EXHIBIT "B" SCOPE OF SERVICES Section 1— Timing of Weed Control 1.1 Inspection of Area Inspections should be conducted based on growing season and weed cycles. 1.2 Scheduling Maintenance is to occur before seed -out of weedy species. Invasive species are to be controlled by mechanical or chemical means three times during the growing season as needed. Environmental Resources staff must be contacted prior to maintenance activities. Section 2 — Type of Maintenance 2.1 Mechanical Removal Mechanical tools can be used as needed. Avoid desirable native species. 22 Chemical Use Spot spraying is preferred to vast area spraying. Amount and type of chemical used should be considered and label should always be followed. When spraying near water, "water safe" chemicals are to be used. Avoid spraying on windy days to avoid drift. Section 3 — General Guidance 3.1 Weedy Species The goal of the areas is to have as few weed species as possible with particular attention paid to removal of thistle, ragweed, stinging nettle, and buckthorn. We understand continual maintenance is required to keep areas free of these species. 3.2 Native Species Native forbs and grasses are the most desirable plants at each location. All maintenance efforts should be conducted to enhance native species. Doc. #174577v.1 6 RNK: 1/27/2014 Section 4 — Site Specific Information 4.1 Outlot A, Marion Village (205 Street Channel _ Location 1) Willows should be kept at this location and not sprayed or removed. 4.2 Ritter Farm Park (Ritter Farm Park Prairie — Location 6) A prescribed burn is needed in 2014. Interseeding of native species is also needed, particularly hardy forbs to enhance this prairie restoration. Timing should be discussed with Environmental Resources staff in early spring 2014. 4.3 East Lake Community Park (Location 7) Woodland — Sapling buckthorn needs maintenance and a burn will occur when there is enough fuel to properly control buckthorn species. Mitigation — Along with spot spraying in the mitigation area, removal of sandbar willow is needed in the basin. Likely the best method is to cut the stem and treat the stump with a chemical specific to woody vegetation. Doc. #174577v.1 7 RNK: 1/27/2014 EXHIBIT "C" SCHEDULE OF PAYMENT AND FEE SCHEDULE Doc. #I 74577v. ] RNK: 1/27/2014 ' Landowner: City of Lakeville Project: Prairie/Large Area Maintenance Locations 2014 -15 Quote Proposal from: Prairie Restorations, Inc. Location 1. 205th Street Footprint of area: 22,600 sq. ft. PRICE Channel Restoration 2014 Invasive species control by mechanical or chemical means 500 twice during the growing season as needed and confirmed previous to treatment by city staff. Keep willow in this location. 2015 Invasive species control by mechanical or chemical means 550 twice during the growing season as needed and confirmed previous to treatment by city staff. Keep willow in this location. Location 2. WTF Wetland Foot print of area: 55,000 sq. ft. or 13 acres PRICE Bank 2014 Invasive species control by mechanical or chemical means 1,050 twice during the growing season as needed and confirmed previous to treatment by city staff. Mainly trying to control ragweed, thistle and stinging nettle. 2015 Invasive species control by mechanical or chemical means 1,100 twice during the growing season as needed and confirmed previous to treatment by city staff. Mainly trying to control ragweed, thistle and stinging nettle. Location 3. Old Ag. Field Footprint of areas: 1.2 acres and 2.1 acres PRICE Areas A & B 2014 Invasive species control by mechanical or chemical means 1,700 two or three times during the growing season as needed and confirmed previous to treatment by city staff (early spring application required) 2015 Invasive species control by mechanical or chemical means 1,900 two or three times during the growing season as needed and confirmed previous to treatment by city staff (early spring application required) Location 4. Old Ag. Field Area Footprint of area: 6 acres PRICE C 2014 Invasive species control by mechanical or chemical means 2,100 twice during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control by mechanical or chemical means 2,400 twice during the growing season as needed and confirmed previous to treatment by city staff Doc. #174577v.1 RNK: 1/27/2014 Location 5. King Park - Footprint of area: 16,100 sq. ft. PRICE Miracle Field 2014 Invasive species control by mechanical or chemical means 400 twice during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control by mechanical or chemical means 450 twice during the growing season as needed and confirmed previous to treatment by city staff Location 6. Ritter Farm Park Footprint of area: 3.9 acres PRICE Prairie 2014 Prescribed burn and interseeding as needed and confirmed 1,275 previous to treatment by city staff 2015 Interseeding and spot herbicide treatment as needed and 1,000 confirmed previous to treatment by city staff East Lake Community Park Location 7. Prairie Footprint of area: 33,000 sq. ft. PRICE 2014 Invasive species control by mechanical or chemical means 600 twice during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control by mechanical or chemical means 600 twice during the growing season as needed and confirmed previous to treatment by city staff Woodland Footprint of area 1: 3.8 acres area 2: 4 acres PRICE 2014 Invasive species control by mechanical or chemical means 5,600 twice during the growing season as needed and confirmed previous to treatment by city staff Prescribed burn as needed and confirmed previous to 2,900 treatment by city staff 2015 Invasive species control by mechanical or chemical means 5,800 twice during the growing season as needed and confirmed previous to treatment by city staff Prescribed burn as needed and confirmed previous to 3,100 treatment by city staff Mitigation and Footprint of areas: 17,000 and 1,400 sq. ft. PRICE Pond 2014 Invasive species control AND SANDBAR WILLOW (in 1,700 mitigation area) by mechanical or chemical means twice during the growing season as needed and confirmed previous to treatment by city staff 2015 Invasive species control AND SANDBAR WILLOW (in 1,100 mitigation area) by mechanical or chemical means twice during the growing season as needed and confirmed previous to treatment by city staff Doc. #174577v.1 10 RNK: 1/27/2014 Total 2014 1 $17,825 Total 2015 1 $18,000 TOTAL 1 $35,825 Additional Maintenance Per Visit Cost I Per Visit Price 2014 - 2015 I staff Invasive species control by mechanical or chemical means as I 425 directed by city Doc. #174577v.1 11 RNK: 1/27/2014