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May 16, 2016 Item No.
TWO-YEAR CONTRACTS WITH MINNESOTA NATIVE
LANDSCAPES, INC. AND ENERGYSCAPES
Proposed Action
Staff recommends adoption of the following motion: Move to approve the two-year contracts
(2016-17) for maintenance with Minnesota Native Landscapes. Inc. and EnergyScayes.
Overview
Environmental Resources staff is responsible for maintenance of 14 different project locations
throughout the city. These projects vary in size and scope, and they are split into workable
groups by different types so that best pricing and quality is taken for the different types of
projects.
By obtaining 2 -year contracts with maintenance providers, we are able to get more competitive
and reduced prices, as well as save time getting annual quotes to conduct the needed work.
Staff received two quotes for each project, Minnesota Native Landscapes had the low bid of
$30,675 ($11,705 for 2016 and $18,970 for 2017) to conduct the large area work that is needed.
EnergyScapes had the low bid of $14,676 ($7,338 for 2016 and $7,338 for 2017) to conduct the
small area work that is needed.
Primary Issues to Consider
• Why is the maintenance necessary? Without the maintenance the quality and function of the
areas will degrade. The maintenance will preserve the areas and maintain a healthy plant
community.
Supporting Information
• Agreements
Financial Impact: $ 45,351 Budgeted: Y X❑ N❑ Source: Utility Fund- Env.Res
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Mac Cafferty, Environmental Resources Manager
CONTRACT FOR PRAIRIE AND LARGE AREA
MAINTENANCE SERVICES
AGREEMENT made this 16 day of May, 2016, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City") and Minnesota Native Landscapes,
Inc. ("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. hi 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
$30,675.00 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 May 16, 2016 through December 31, 2017.
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. hi 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
1871341
of action, including costs and attorney's fees, to the extent caused by the negligent acts or
omissions of the Contractor.
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.
2
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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.
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.
3
187134v1
Dated: , 2016 CITY OF LAKEVILLE
BY:
Mayor
BY:
City Clerk
Dated: , 2016 MINNESOTA NATIVE LANDSCAPES, INC.
Its
187134v1
EXHIBIT "A"
CITY PROPERTY DESCRIPTIONS/LOCATIONS
1. Outlot A, Marion Village
205th Street Channel — Located north of 205th Street behind homes along Jupiter Way and
Kensington Way for — 500 feet from 205th Street
2. 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
3. Old Agriculture Field Area C
Located southeast of 21350 Cedar Avenue and north of South Creek
4. Ritter Farm Park (19300 Ritter Trail)
Ritter Farm Park Prairie and Hill Side
5. East Lake Community Park (16700 Pilot Knob Road)
Outlot UU, Spirit of Brandtjen Farm Park
6. Outlot A, Shady Oak Grove
Wetland Mitigation area on the curve of Irvine Way (south of 60, east of Ipava)
7. Steve Michaud Park Hillsides (17100 Ipava Ave)
Hillsides north and south sides of parking lot along Ipava Ave
8. Outlot A, Valley Lake 1St Addition
Valley Lake Park Woodland — Located east of Heritage Liquor store
9. South Lake Marion Ponds
Basin located southeast of 205th St. West and Juno Trl.
Map Attached
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EXHIBIT "B"
SCOPE OF SERVICES
Contractor agrees to provide maintenance of natural areas within the City in the areas identified
in Exhibit A as follows:
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 during the growing season as indicated on quote
sheet and as needed. Early season control for thistle seems to be the most effective.
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.
2.2 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 pecies
The goal of the areas are 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.
6
187134v1
Section 4 — Site Specific Information
4.1 Outlot A, Marion Village (205th Street Channel — Location 1)
Willows should be kept at this location and not sprayed or removed. Mainly trying to
control ragweed, thistle, and stinging nettle.
4.2 Old Agriculture Field Areas A,B (Location 2), and C (Location 3)
All areas should be managed for ragweed and thistle. Area C was partially used by
development to the north, so size has changed from 6 acres to 4 acres. An early mow and
chemical treatment is likely the best method of thistle control at these locations.
4.3 Ritter Farm Park (Ritter Farm Park Prairie and Hillside— Location 4)
A prescribed burn will be needed in 2017 for the prairie. The hillside is a newly planted
hill side just east of the Ed Mako, ELC building. Just needs simple spot spraying.
4.4 East Lake Community Park (Location 5)
Woodland — Sapling buckthorn needs maintenance and a burn should occur when there is
enough fuel to properly control buckthorn species.
Mitigation —Spot spraying in the mitigation. Removal of willow will likely be needed in
2017.
4.5 Shady Oak Grove Wetland Mitigation (Location 6)
There is a great diversity of species here and not many weeds, so maintenance here
should be minimal.
4.6 Michaud Park Hillsides (Location 7)
City staff will be mowing this area early in the year. Due to slopes, this is likely hand work
to complete the spray. Goal is to remove thistle from these areas.
4.7 Valley Lake Park Woodland (Location 8)
The woodland has been managed in past years by mowing. There are young buckthorn
trees in part of the area but mostly dealing with burdock and other weedy woodland
vegetation. Anything native should be kept/avoided.
4.8 South Lake Marion Ponds (Location 9)
Spot spraying out ragweed, thistle, and stinging nettle or other noxious weeds.
7
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EXHIBIT "C"
SCHEDULE OF PAYMENT AND FEE SCHEDULE
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Location 1.
Location 2.
Location 3.
Location 4.
Location 5.
Owner: City of Lakeville
Project: UPDATED Vegetation Maintenance Locations 2016-17
Quote Proposal from: Minnesota Native Landscapes, Inc
205th Street Channel
Restoration
Keep willows in this location
Footprint of area: 22,600 sq. ft. PRICE
Areas A & B
Invasive species control by mechanical or chemical means two times during the
$ 1,620.00
2016
Spot herbicide treatment as needed two times during the growing season.
2016
growing season.
growing season.
$ 765.00
Invasive species control by mechanical or chemical means two times during the
Invasive species control by mechanical or chemical means two times during the
2017
2017
$ 1,745.00
growing season.
$ 680.00
Old Ag. Field
Footprint of area: 4.5 acres PRICE
Areas A & B
Footprint of areas: 1.3 acres and 2.4 acres PRICE
$ 1,620.00
Invasive species control by mechanical or chemical means two times during the
Spot herbicide treatment as needed two times during the growing season.
2016
growing season.
$ 1,745.00
$
Invasive species control by mechanical or chemical means two times during the
growing season.
2017
growing season.
$ 1,745.00
Old Ag. Field
Footprint of area: 4.5 acres PRICE
Area C
Footprint of area: 4 acres PRICE
$ 1,620.00
Invasive species control by mechanical or chemical means two times during the
Spot herbicide treatment as needed two times during the growing season.
2016
growing season.
$ 1,105.00
$
Invasive species control by mechanical or chemical means two times during the
growing season.
2017
growing season.
$ 1,105.00
Ritter Farm Park
Prairie
Footprint of area: 4.5 acres PRICE
2016
Spot herbicide treatment as needed two times during the growing season.
$ 1,620.00
2017
Spot herbicide treatment as needed two times during the growing season.
$ 1,620.00
Prescribed burn. Confirm timing with city staff.
$ 2,200.00
Hill Slope
Footprint of area: 2,200 sq. ft. PRICE
Invasive species control by mechanical or chemical means two times during the
2016
2016
growing season.
$ 300.00
2017
Invasive species control by mechanical or chemical means two times during the
$
2017
growing season.
$ 300.00
East Community Park
Prairie
Footprint of area: 35,700 sq. ft.
PRICE
2016
Spot herbicide treatment as needed two times during the growing season.
$
500.00
2017
Spot herbicide treatment as needed two times during the growing season.
$
500.00
Prescribed burn when conditions right. Confirm with city staff. $
750.00
Location 5
(cont.)
Location 6.
Location 7.
Location 8.
Location 9.
Woodland
Footprint of areas: 8 acres PRICE
2016
Invasive species control by mechanical or chemical means one time during the
2016
2016
fall.
$ 2,100.00
2017
Prescribed burn in spring if needed. Confirm with city staff.
$ 3,880.00
2017
Invasive species control by mechanical or chemical means one time during the
510.00
Invasive species control by mechanical or chemical means two times during the
fall.
1 $ 2,100.00
Mitigation and Pond
Footprint of areas: 16,400 and 6,600 sq. ft.
2016
PRICE
2016
Spot herbicide treatment as needed two times during the growing season.
$
510.00
2017
Spot herbicide treatment as needed two times during the growing season.
$
510.00
Removal of willow in mitigation area if needed. $
510.00
Say Oak Grove
Wetland & Buffer
Footprint of area: 21,000 sq. ft. PRICE
2016
Spot herbicide treatment as needed two times during the growing season.
$ 600.00
Michaud Par
Woodland Footprint of area: 2 acres PRICE
Hillsides
Footprint of areas: 32,500 sq. ft. and 9,500 sq. ft. PRICE
2017
Invasive species control by mechanical or chemical means two times during the
chemical means three times during the year.
2016
Weed/Invasive species control (including some small buckthron) by mechanical or
growing season.
$ 460.00
$1,960.00
Invasive species control by mechanical or chemical means two times during the
2017
growing season.
$ 460.00
Valley Lake Park
Woodland Footprint of area: 2 acres PRICE
2016
Weed/Invasive species control (including some small buckthron) by mechanical or
2017
2016
chemical means three times during the year.
$1,350.00
Weed/Invasive species control (including some small buckthron) by mechanical or
2017
chemical means two times during the year.
$1,960.00
South Lake Marion
Ponds Footprint of area: 10,900 sq. ft. PRICE
2016
Invasive species control by mechanical or chemical means two times during the
2017
2016
growing season.
$ 650.00
Invasive species control by mechanical or chemical means two times during the
2017
growing season.
$ 650.00
*****Billing must invoice per location and include date of visit.
Perform maintenance as needed.
Please confirm with city staff prior to treatment.
2016
$ 11,705.00
2017
$ 18,970.00
TOTAL
$ 30,675.00
CONTRACT FOR RAIN GARDEN AND
SHORELINE MAINTENANCE SERVICES
AGREEMENT made this 16 day of May, 2016, 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 $14,676
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 May 16, 2016 through December 31, 2017.
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
187135v1
of action, including costs and attorney's fees, to the extent caused by the negligent acts or
omissions of the Contractor.
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.
187135v1 2
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.
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.
187135v1 3
Dated: , 2016 CITY OF LAKEVILLE
BY:
Mayor
BY:
City Clerk
Dated: , 2016 ENERGYSCAPES, INC.
Its
187135v1
EXHIBIT "A"
CITY PROPERTY DESCRIPTIONS/LOCATIONS
1. Lot 1, Block 1, Heritage Library Addition (20195 Holyoke Avenue)
Location 1 Heritage Rain Garden
2. Casperson Park (10900 195th Street)
Location 2 Rain Garden and Lake Marion Shoreline
3. Outlot A & B, Donnays Valley Park 6`h Addition - Valley Lake Park (16050 Garrett Path)
Location 3 Valley Lake Shoreline and Rain Garden
4. Lot 1, Block 1, Valley Lake 1St Addition — Lakeville Liquors (16000 Galaxie Avenue)
Location 4 Lakeville Liquor Rain Gardens
5. Steve Michaud Park (17100 Ipava Avenue)
Location 5 Steve Michaud Rain Garden
Map Attached
187135v1 5
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EXHIBIT "B"
SCOPE OF SERVICES
Contractor agrees to provide maintenance of rain gardens and shorelines for the areas within the
City identified in Exhibit A as follows:
Section I — 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. Maintenance for shoreline areas is likely
only needed twice in a growing season. Environmental Resources staff must be contacted
prior to maintenance activities.
Section 2 — Type 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.
187135v1
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.
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, Donnays Valley Park 6th 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 1St Addition (Lakeville Liauors 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.
187135v1 7
EXHIBIT "C"
SCHEDULE OF PAYMENT AND FEE SCHEDULE
187135v1
Location 1
Location 2.
Location 3
Owner: City of Lakeville
Project: Raingarden and Shoreline Maintenance Locations 2016-17
Quote Proposal from Energy5capes Inc.
Lakeville Heritage
Raingarden
Footprint of area: 5,600 sq. ft.
PRICE
2016
Invasive species control by mechanical or chemical means three times
1021.6
during the growing season
during the growing season
Invasive species control by mechanical or chemical means three times
Invasive species control by mechanical or chemical means three times
2017
2017
during the growing season
1021.6
Casperson
Raingarden
Footprint of area: 2,700 sq. ft. PRICE
Invasive species control by mechanical or chemical means three times
2016
during the growing season
984.8
Invasive species control by mechanical or chemical means three times
2017
during the growing season
984.8
Casperson
Shoreline
Footprint of area: 1,750 sq. ft. PRICE
Invasive species control by mechanical or chemical means two times
2016
during the growing season
741.2
Invasive species control by mechanical or chemical means two times
2017
during the growing season
741.2
Valley Park
Raingarden
Footprint of area: 9,100 sq. ft. PRICE
Invasive species control by mechanical or chemical means three times
2016
during the growing season
1578.8
Invasive species control by mechanical or chemical means three times
2017
during the growing season
1578.8
Location 3
(cont.)
Location 4
Location 5.
Valley Shoreline
Footprint of areas: both 400 sq. ft. each PRICE
2017
Invasive species control by mechanical or chemical means two times
COMBINED TOTAL
2016
during the growing season
484.8
Price
Invasive species control by mechanical or chemical means two times
Invasive species control by mechanical or chemical means as directed by city
2017
during the growing season
484.8
Galaxie Liquor(2)
Raingardens
Footprint of areas: 6,800 AND 7,500 sq. ft. PRICE
2017
Invasive species control by mechanical or chemical means three times
COMBINED TOTAL
2016
during the growing season
1873.2
Price
Invasive species control by mechanical or chemical means three times
Invasive species control by mechanical or chemical means as directed by city
2017
during the growing season
1873.2
Steve Michaud
Raingarden
Footprint of areas: 2,600 sq. ft. PRICE
2017
Invasive species control by mechanical or chemical means three times
COMBINED TOTAL
2016
during the growing season
653.6
Price
Invasive species control by mechanical or chemical means three times
Invasive species control by mechanical or chemical means as directed by city
2017
during the growing season
653.6
Mechanical means of removal- $73.60
Chemical means of removal- $132
'"Billing must invoice per location and include date of visit.
Perform maintenance as needed.
Please confirm with city staff prior to treatment.
MOBILIZATION FEE 2016-$150 2017-$150
2016
7,338.00
2017
7,338.00
COMBINED TOTAL
14,676.00
Raingarden
Shoreline
Additional Maintenance Per Visit Cost.
Price
Price
Invasive species control by mechanical or chemical means as directed by city
2016
staff
73.6 or 132
73.6 or 132
Invasive species control by mechanical or chemical means as directed by city
2017
staff
73.6 or 132
73.6 or 132