HomeMy WebLinkAboutItem 06.j
Date: Item No.
TERMINATE AGREEMENT WITH ENERGYSCAPES AND
APPROVE AGREEMENT WITH MINNESTOA NATIVE LANDSCAPES, INC.
FOR RAIN GARDEN AND SHORELINE MAINTENANCE SERVICES
Proposed Action
Staff recommends adoption of the following motion: Move to terminate Agreement for Rain
Garden and Shoreline Maintenance Services with EnergyScapes, Inc. and approve Agreement
with Minnesota Native Landscapes, Inc. for rain garden and shoreline maintenance services.
Overview
At their May 16, 2016 meeting, the City Council approved an agreement with EnergyScapes to
provide rain garden and shoreline maintenance services through 2017. EnergyScapes is closing
their business and requests the City release them from the agreement. Under terms of the
agreement, the City may terminate the agreement.
Minnesota Native Landscapes submitted a quote of $4,255 to provide rain garden and shoreline
maintenance services through 2017. This is less than EnergyScapes’ contract amount of $7,338.
The attached agreement with Minnesota Native Landscapes identifies the scope of work and
estimated costs. The City’s anticipated funding source is the Environmental Resources Fund.
Primary Issues to Consider
• Maintenance of rain gardens and shorelines preserves, protects and enhances the water
quality of the City’s water resources including lakes, wetlands and streams.
Supporting Information
• Contract for Rain Garden and Shoreline Maintenance Services
Financial Impact: $ Budgeted: Y☒ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: McKenzie Cafferty, Environmental Resources Manager
May 15, 2017
4,255 Environmental Resource Fund
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CONTRACT FOR RAIN GARDEN AND
SHORELINE MAINTENANCE SERVICES
AGREEMENT made this 15th day of May 2017, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City") and MINNESOTA NATIVE
LANDSCAPES, 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 of 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” and (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
$4,255.00 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, 2017 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.
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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.
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.
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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.
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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 6th 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
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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 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. 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.
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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 Turf grass Encroachment
Turf grass 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, Valley Lake 1st 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.
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EXHIBIT “C”
SCHEDULE OF PAYMENT AND FEE SCHEDULE
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