HomeMy WebLinkAboutItem 06.dApril 11, 2011
Proposed Action
Staff recommends adoption of the following motion: Move to approve the 2011 Agreement for
Engineering Services with Blue Water Science, the Grant Agreement with the Department of
Natural Resources (DNR), and the Agreement with PLM to conduct chemical control on
Orchard Lake.
Overview
Item No.
APRIL 18, 2011 CITY COUNCIL MEETING AGENDA ITEM
APPROVE AGREEMENT FOR ENGINEERING SERVICES WITH BLUE
WATER SCIENCE, GRANT AGREEMENT WITH DNR AND AGREEMENT
WITH PLM FOR CHEMICAL CONTOL ON ORCHARD LAKE
Attached are the proposed Lake Projects for 2011, and copies of the agreements. The lake
projects for 2011 include aquatic plant surveys on Marion, Orchard, Valley and Lee Lakes,
aquatic plant control, barley straw installation, and lake and watershed assessments.
Blue Water Science consultant's fee for services shall not exceed $46,300. Ali work proposed
for 2011 is budgeted in the 2011 Surface Water Budget, which currently has $123,800
budgeted for lake management and projects throughout the City. City Staff recommends
approval of the 2011 Agreement for Engineering Services with Blue Water Science and its
associated tasks.
PLM has submitted an Agreement for whole lake treatment of curlyleaf on Orchard Lake for the
total amount of $37,950. The DNR has awarded the City a $16,500 grant toward the whole lake
treatment on Orchard Lake. The City will be responsible for the remaining $21,450. All work
proposed for 2011 is budgeted in the 2011 Surface Water Budget, which currently has $35,000
budgeted for curlyleaf control on Orchard Lake. City Staff recommends approval of the
Agreement with PLM.
Supporting Information
• Proposed Lake Projects for 2011.
• Agreement for Engineering Services with Blue Water Science.
• Grant agreement with the DNR for full lake herbicide treatment on Orchard Lake.
• Agreement with PLM for herbicide application at Orchard Lake.
McKenzie L. erty
Environmen al Resources Manager
Financial Impact: $67,750 Budgeted: YIN: Y Source: 2011 Surface Water Budget
Related Documents (CIP, ERP, etc.):
Notes:
Lake Projects for 2011 - Work Plan
Lakeville has an innovative lake management program designed to protect high quality
water resources and to improve other water bodies. The use of both passive and active
management programs has produced significant gains in protecting and enhancing
water quality in City lakes. The 2011 program continues to build on past successes and
implement new ideas as well.
Valley Lake Projects for 2011
Projects
Lake Projects
In -Lake Algae Control
1. Use barley straw for
nuisance algae control
Aquatic Plants
2, Eurasian watermilfoil
control project
3. Eurasian watermilfoil
control project
4. Lake management
project
Education Program
5. Prepare educational
materials /final report
Total
Description
Barley straw is to be used in 2011 to improve water clarity.
I Add 400 pounds /ac for the 8 -acre Valley Lake (3,200 pounds
total) in May, 2011. Cost includes purchase of barley,
I shipping, and labor for barley installation.
If curlyleaf growth is heavy and nutrient levels are high in 201
a whole lake iron treatment could be conducted in 2012. A
feasibility report with planning, costs, and implementation
procedures will be prepared.
1
BWS
$2,700
Conduct two aquatic plant surveys in Valley Lake using a point -
intercept format. Collect 16 to 20 points per survey. Evaluate
curlyleaf pondweed and Eurasian watermilfoil and native plant $1,300
status in Valley Lake. Use surveys as a basis for possible
aquatic plant treatments. ($650/survey x 2 surveys).
If excessive growth of EWM occurs around the fishing pier,
EWM will be cut and removed from Valley Lake. Staff will $400
determine the need for a control project.
$800
Costs
Review the results of water quality in Valley Lake, summarize
aquatic plant surveys and treatments, and summarize barley ! $1,900
straw results, and prepare a final report.
$7,100 1
Orchard Lake Projects for 2011
Projects
Watershed Projects
1. Nutrient reduction in
stormwater ponds
Lake Projects
2. Native aquatic plant
management
3. Long term curlyleaf
pondweed control
using one -time iron
application
4. Curlyleaf pondweed
control for 2011
Public Information and
5. Prepare report to
summarize 2011
activities
Description
A nutrient reduction approach in the key subwatershed pond
in the "golf course" subwatershed was implemented by
installing a pond aeration system. The pond will be
monitored at two locations, before the aerated pond and
within the aerated basin monthly through the summer at a
minimum of five dates (May -Sept) and analyzed for TP, Chl,
and iron.
Plant surveys will be conducted to evaluate extent of native
plant coverage and determine if programs are meeting 40%
plant coverage goal. Conduct two modified point intercept
surveys consisting of a minimum of 40 points per survey in
2011 following the protocol of previous surveys. As part of
these surveys, nuisance curlyleaf pondweed areas will be
monitored and documented.
Iron additions to Orchard and Lee Lakes appear to control
nuisance growth of curlyleaf pondweed. A curlyleaf
assessment using scuba diving to evaluate curlyleaf stem
densities at four locations in Orchard Lake will be conducted
to determine if the iron treatment has been successful. A
total of 40 stem density measurements will be taken.
City staff, working with the DNR, is planning a lake wide
curlyleaf control project with an herbicide application as a
part of the DNR's curlyleaf control project and grant
program. The city received a MnDNR grant for 2011
curlyleaf control.
Education
We will prepare a summary report that will include an
evaluation of lake water quality, evaluation of the pond
aeration system, aquatic plant surveys, and the iron
treatment results.
2
Costs
BWS
$2,000
$4,400
$2,100
MnDNR
Grant
$3,000
Total $11,500
Lee Lake Projects for 2011
Projects
Watershed Projects
1. Storm Pond Evaluation
Lake Projects
....................
2. Curlyleaf pondweed
control /nutrient
reduction test
3. Aquatic plant survey
Description
Pond P3000 is a key pond for nutrient loading to Lee Lake.
P3000 will be sampled monthly from May - September and
analyzed for TP and chlorophyll. Pond depths will be
determined and a qualitative sedimentation rate will be
determined. Several duckweed control methods using
physical approaches will be tested in the pond.
We will evaluate the impact that the 2004 iron treatment
had on the curlyleaf population in Lee Lake using scuba
diving to assess curlyleaf stem densities. A total of 40
stem density measurements will be taken.
Conduct early summer and late summer aquatic plant
surveys using a modified point intercept method. A
minimum of 25 points per survey will be taken. The
objectives are to assess changes in vegetation after the
2009 alum treatment and characterize the growth of
curlyleaf pondweed and filamentous algae.
Public Information and Education
4. Year end summary Prepare a summary report that will include an evaluation of
report the key stormwater pond, the lake water quality, the status
of the alum treatment, the aquatic plant status, and the iron
treatment results.
BWS
1,900
$1,700
$1,100
$3,000
Total $7,700
Costs
3
Lake Marion Projects for 2011.
Total
Projects
Watershed Projects
1. Critical pond and cove
sampling and evaluation
Lake Projects
2, Lake sediment
sampling and
evaluation
3. Aquatic plant surveys
4. Aquatic plant control
around fishing pier
Description
Costs
BWS
Kensington Pond is a key pond in the Lake Marion watershed.
Water samples will be collected monthly from May - September
(5 times) and analyzed for TP and chlorophyll. Sediment
cores will be taken to qualitatively assess sedimentation rates.
A pond contour map will also be constructed (subtotal: $2,900
$2,400). Cabot Cove, in the northern area of the lake that has
experienced significant recent development will be sampled
on two dates (June and August) and sedimentation rates will
be qualitatively assessed as well (subtotal: $500).
To plan for a possible lake sediment phosphorus inactivation
; treatment, lake sediment sampling will be conducted to
determine the phosphorus release potential of deep lake
sediments. Ten samples will be collected and analyzed at the
University of Minnesota Soils Lab. A report will be prepared
that describes, with sufficient detail, the plan, costs, and
procedures for a potential alum treatment.
Aquatic plants are critical to sustaining good water quality in
Lake Marion. Continue plant surveys to evaluate extent of
native plant coverage and evaluate status of non - native
plants, especially curlyleaf pondweed and Eurasian
watermilfoil. Two modified point intercept surveys will be
conducted, one in May and one in September with each
sampling a minimum of 90 points. Each survey will follow the
protocol of previous surveys. Reporting from these surveys is
part of the public information and education for Lake Marion.
................. ...............................
Conduct aquatic plant removal around fishing pier in Antlers,
Casperson and Kenrick docks, if needed.
$2,700
$4,800
Not to
exceed
$1,500
$11,900
4
East Community Park /DNR Water Body 349W Projects for 2011
Projects
Watershed Projects
1. Watershed monitoring
Lake Projects
2. Aquatic plant seedbank
evaluation and aquatic
plant survey
3. Winter aeration project
4. Fish stocking program
5. Preparation of a year-
end summary report
Total
Description
A key stormwater pond at 165 Street that drains areas from
Lakeville will be monitored in 2011. A nutrient monitoring
report will be produced that incorporates results of the pond
sampling as well as results from the Apple Valley stormwater
monitoring areas that drain to East Community Park.
Conduct two modified point plant surveys to evaluate extent of
native plant coverage and evaluate status of non - native
plants, if present. A minimum of 30 points will be sampled. In
$3,000
addition, a seedbank experiment will be conducted to
determine if there are viable plant propagules present in the
lake sediments.
Coordinate the design and possible installation of a winter
aeration system.
Costs
BWS
$2,000
$300
Coordinate a possible fish stocking project for East Lake. $200
Summarize all data. Review lake status in terms of nutrient
criteria and evaluate lake projects to improve water quality to
best practical conditions. Integrate findings from the other $2,600
projects and produce a management report, Includes time to
insure fish stocking compatibility with Vermillion River species.
$8,100
Cost Summary
Valley Lake:
Orchard Lake:
Lee Lake:
Lake Marion:
East Park:
Total:
$7,100
$11,500
$7,700
$11,900
$8,100
$46,300
5
AGREEMENT FOR ENGINEERING SERVICES
This Agreement is made this day of , 2011, by the CITY OF
LAKEVILLE, Minnesota, and Steve McComas /BLUE WATER SCIENCE (the "Consultant ").
1. SCOPE OF SERVICE AND AUTHORIZATION. The City of Lakeville retains the
Consultant to provide scientific services as described in Attachment A: Blue Water Science
Project List for City of Lakeville Lakes for 2011. The Services shall be commenced
immediately upon receipt of written notice to proceed form the City of Lakeville.
2, PERIOD OF PERFORMANCE. Field work will occur from May through November
with final reports submitted by March 1, 2012.
3. FEES AND PAYMENT. The Consultant's fee for the Services shall be based on
its standard hourly rates but shall not exceed $46,300. This includes non - salary expenses
such as barley straw costs, landscaping plants, and educational materials that will be printed.
Payment shall be due within 30 days after completion of the Services, as determined by the
City of Lakeville.
4. PROFESSIONAL RESPONSIBILITY. The Consultant shall perform the Services
consistent with that level of care ordinarily exercised by members of its profession practicing
under similar conditions.
5. CITY OF LAKEVILLE RESPONSIBILITY. At the Consultant's reasonable request,
the City of Lakeville shall provide to the Consultant all reports, data, studies, plans,
specifications, documents, and other information in its possession which are relevant to the
Services. The Consultant shall be responsible only for the accuracy of the data, interpretations
or recommendations generated or made by others, which are based, in whole or in part, on the
Consultant's data, interpretations or recommendations.
6. INDEMNIFICATION.
(a) The Consultant shall indemnify, defend and hold harmless the City of Lakeville
and its officers, employees, agents, and successors, from and against any and
all losses, damages, claims, liabilities, costs, and expenses, including legal
fees and costs of investigation, resulting from or arising out of (i) a material
breach by the Consultant of any term or provision of this Agreement, or (ii) any
negligent act or omission or intentional misconduct of the Consultant in the
performance of this Agreement or the Services.
(b) Subject to the limitations, immunities and defenses in Minnesota Statutes
chapter 466, the City of Lakeville agrees to indemnify, defend and hold
harmless the Consultant and its officers, employees, agents, and successors,
from and against any and all losses, damages, claims, liabilities, costs, and
expenses, including legal fees and costs of investigation, resulting from or
arising out of any negligent or wrongful act or omission of the City of Lakeville,
its officers, directors, or employees.
7. INSURANCE. The Consultant shall maintain during the performance of the
Services (a) statutory workers' compensation insurance, and (b) commercial general liability
and automobile liability insurance with a combined single limit of at least $500,000.
Certificates of insurance evidencing such coverages shall be provided upon request. The
certificates shall state that the City of Lakeville will be notified in writing 30 days before
cancellation, material change, or renewal of the insurance.
8. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. The Consultant's notes,
reports, data, studies, drawings, plans, specifications, documents, tests, and other information
arising from the Services performed by the Consultant (collectively, the "Documents ") are and
shall become the property of the City of Lakeville, except where by law or precedent these
documents become public property. The City of Lakeville shall have the full right to use such
Documents for any public purpose. The Consultant shall have the right, but shall not be
obligated, to retain copies of all such materials.
9. RELATIONSHIP OF PARTIES. The Consultant shall be an independent contractor
in performing the Services and shall not act as an agent or an employee of the City of
Lakeville. The Consultant shall be solely responsible for its employees, subcontractors, and
agents and for their compensation, benefits, contributions, insurance and taxes, if any. The
Consultant shall not have any right or authority to make any representations or to assume or
create any obligation, expressed or implied, on behalf of the City of Lakeville.
10. AUDIT. All documents and records relating to this Agreement shall be available for
inspection by the City of Lakeville. The City of Lakeville may audit all records of the Consultant
relating to the costs, expenses and Services performed. If the audit shows that the payment
by the City of Lakeville to the Consultant exceeds the amount due the Consultant, the excess
amount shall be returned to the City of Lakeville and the Consultant shall bear the expense of
the audit.
11. GOVERNING LAW AND ATTORNEY'S FEES. This Agreement is
governed by and shall be construed according to the laws of Minnesota. In any action arising
from the performance of the Services or breach of this Agreement, the prevailing party shall
receive, in addition to other compensation awarded, its reasonable costs and attorneys' fees.
12. NOTICES. All notices and communications to the Consultant under this Agreement
shall be to 550 South Snelling Avenue, St. Paul, MN 55116. Verbal communications shall be
confirmed in writing.
13. ENTIRE AGREEMENT. This Agreement, including any attachments incorporated,
constitutes the entire understanding between the City of Lakeville and the Consultant. Any
modifications to this Agreement shall be in writing and signed by authorized representatives of
the parties.
Page 2
CITY OF LAKEVILLE STEVE MCCOMAS/BLUE WATER
SCIENCE
By: By:
Its: Mayor Its:
Date: Date:
By:
Its: City Clerk
Date:
Page 3
STATE OF MINNESOTA
GRANT AGREEMENT
This grant agreement is between the State of Minnesota, acting through its Commissioner of Natural Resources ( "State ")
and City of Lakeville, care of McKenzie Cafferty, 20195 Holyoke Avenue Lakeville, MN 55044 ( "Grantee ").
Recitals
29. Under Minn. Stat. 84.026 the State is empowered to enter into this grant.
30. The State is in need of an experimental treatment of curly -leaf pondweed in Orchard Lake (19.0031) in Dakota
County.
3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant agreement to
the satisfaction of the State.
Grant Agreement
Term of Grant Agreement
1.1 Effective date: March 18, 2011, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant agreement until this agreement is fully executed and the
Grantee has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: September 30, 2011 or until all obligations have been satisfactorily fulfilled, whichever occurs
first. Encumbrances for grants issued by June 30 may be certified for a period of one year beyond the year in
which the funds were originally appropriated. Services rendered under grant contracts may occur during the
certification period.
1.3 Survival of Terms. The .following clauses survive the expiration or cancellation of this grant agreement: 8.
Liability; 9. State Audits; 10, Govemmen.t Data Practices and Intellectual Property; 12. Publicity and
Endorsement; 13, Governing Law, Jurisdiction, and Venue; and 18. Data Disclosure.
2 Grantee's Duties
The Grantee, who is not a state employee, will:
43. Arrange for a contractor to treat all of the curly-leaf pondweed in Orchard Lake (DOW# 19.0031) endothall
herbicide and obtain an invoice from the contractor for the work undertaken.
44. Provide to the Commissioner: a copy of the original invoices from the contractor, and the original application
record from the applicator. The invoice should include a description of methods used, the name of the herbicide
applied, rate of application, the total amount of herbicide applied, the water temperature at the time of herbicide
application, and the date(s) of application.
45. Bill the State by mailing to the State's Authorized Representative, Wendy Crowell, a letter or invoice requesting
reimbursement for the appropriate portion of the costs of the treatment.
Reporting Requirements: The Grantee shall submit a progress report, in a form prescribed by the State, each year
during the term of this grant agreement. A final report must be submitted with the request for final reimbursement.
Website Reporting: As a recipient of a 2011 state grant funded by an appropriation under (HF 2123) 2009, Chapter
37, Article 1, Section 4, detailed information on the expenditure of grant funds, and measurable outcomes as a result
of the expenditure of funds will be displayed on Grantee's web site by June 30 each year. If Grantee does not have an
active web site, they shall report to the Authorized Representative the detailed information on expenditure of grant
funds.
Grant (Rev. 1/2010) Orchard Lake, Dakota County 2
Accounting Distribution 1:
Accounting Distribution 2:
Accounting Distribution 3:
Fund: 100
Fund:
Fund:
Appr: E01
Appr:
Appr:
Org/Sub: E721
Org/Sub:
Org/Sub:
Rept Catg: H998
Rept Catg:
Rept Catg:
Amount: $ 16500
Amount:
Amount:
Agency: I29
Fiscal Year: 2011
vendor Nu
036801001 00
Total Amount of Contract: 16 s 00
Amount of Contract Fist FY: $ 16500
Commodity Cade: 023 09
Commodity Code:
Commodity Code:
Object Code: 5B20
Object Code:
Object Code:
Amount: 16500
Amount:
Amount:
STATE OF MINNESOTA
ENCUMBRANCE WORKSHEET
State Accounting Information:
CFMS Contract No. _B54381
ACT: E625, Proj: ECL
Contract Start Date:
Expiration Date:
0000 curly - leaf pondweed
September 30, 2011
Contractor Name and Address: Mr. McKenzie Cafferty
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
41- 6005304
Orchard Lake, Dakota County, 19.0031
Agency Contract Identification No.:
Nancy Hood
3M /Ai
Grant (Rev. 1/2010) Orchard Lake. Dakota County 1
3 Time
The Grantee must comply with all the time requirements described in this grant agreement. In the performance of this
grant agreement, time is of the essence.
4 Consideration and Payment
4.1 Consideration. The State will pay for all services performed by the Grantee under this grant agreement as
follows:
(15) Compensation. The Grantee will be paid a lump sum of $16500.
(1) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by
the Grantee as a result of this grant agreement will not exceed $0.00; provided that the Grantee will be
reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided
in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The
Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has
received the State's prior written approval for out of state travel. Minnesota will be considered the home
state for determining whether travel is out of state.
(17) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee
under this grant agreement will not exceed $16500.
4.2. Payment
(15) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services.
Invoices must be submitted timely and according to the following schedule: Upon completion of the
services.
(16) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant
agreement will be made from federal funds obtained by the State through Title CFDA number
of the Act of . The Grantee is responsible for compliance with all federal
requirements imposed on these funds and accepts full financial responsibility for any requirements imposed
by the Grantee's failure to comply with federal requirements.
5 Conditions of Payment
All services provided by the Grantee under this grant agreement must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Wendy Crowell, Ecological Resources Grants Coordinator, MN
Department of Natural Resources, 500 Lafayette Rd, St. Paul MN 55155, 651- 259 -5085, or her successor, and has
the responsibility to monitor the Grantee' s performance and the authority to accept the services provided under
this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance
on each invoice submitted for payment.
The Grantee's Authorized Representative is McKenzie Cafferty, City of Lakeville, 20195 Holyoke Avenue
Lakeville, MN 55044, 952 - 9854528. If the Grantee's Authorized Representative changes at any time during this
grant agreement, the Grantee must immediately notify the State.
7 Assignment, Amendments, Waiver, and Grant agreement Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant agreement
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and approved this grant agreement, or their successors in office.
7.2 Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it
has been executed and approved by the same parties who executed and approved the original grant agreement,
Grant (Rev. 1/2010) Orchard Lake, Dakota County 3
or their successors in office.
7.3 Waiver. If the State fails to enforce any provision of this grant agreement, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the
State and the Grantee. No other understanding regarding this grant agreement, whether written or oral, may
be used to bind either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or
causes of action, including attorney's fees incurred by the State, arising from the performance of this grant
agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal
remedies the Grantee may have for the State's failure to fulfill its obligations under this grant agreement.
9 State Audits
Under Minn. Stat. §16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
practices relevant to this grant agreement are subject to examination by the State and/or the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement.
10 Government Data Practices and Intellectual Property
10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement,
and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the
Grantee under this grant agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the
data referred to in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately
notify the State. The State will give the Grantee instructions concerning the release of the data to the
requesting party before the data is released.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and
any claims made by any third party as a consequence of any act or omission on the part of these employees are in
no way the State's obligation or responsibility.
12 Publicity and Endorsement
12.1 Publicity. Any publicity regarding the subject matter of this grant agreement must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting frorn this grant agreement.
12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice -of -law provisions, governs this grant agreement. Venue for all legal
proceedings out of this grant agreement, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.
Grant (Rev. t /2Oifl} Orchard Lake, Dakota County 4
14 Accessibility: Structural and nonstructural facilities and programs must meet all state and federal accessibility
laws, regulations, and guidelines.
Copies of accessibility guidelines can be downloaded off the Americans with Disabilities Act Accessibility
Guidelines website at http: / /www.access- board.gov
15 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions
a, The prospective lower tier participant certifies, by submission of this agreement, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal department or agency.
h. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this agreement.
16 Monitoring
If the grant is over $50,000, the State's authorized representatives will conduct at least one monitoring visit per
grant period. This visit may be in person or by telephone.
17 Termination
The State may cancel this grant agreement at any time, with or without cause, upon 30 days' written notice to the
Grantee, Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
18 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social
security number, federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and state tax agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state tax laws which
could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
Grant (Rev. 1/2010) Orchard Lake, Dakota County 5
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minn. Stat. "16A.15 and 16C.05.
Signed:
Date:
2. GRANTEE
By:
Title:
Date:
03 -16 -2011
CFMS Grant agreement No. B54381
The Grantee certifies that the appropriate person(s)
have executed the grant agreement on behalf of the Grantee as
required by applicable articles, bylaws, resolutions. or ordinances.
By:
Title:
Date:
3. STATE AGENCY
By:
(with delegated authority)
Title: Assistant Division Director
Date:
Distribution:
Agency
Grantee
State =s Authorized Representative - Photo Copy
Grant (Rev. 112010) Orchard Lake, Dakota County 6
AGREEMENT
THIS AGREEMENT, made this day of
Lakeville, hereinafter called "Owner" and PLM Lake & Land
a corporation, hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the
mentioned:
1. The Contractor will commence and complete the following work:
• Orchard Lake Curlyleaf Chemical treatment up to 150 acres.
• Perform all duties as identified in the bid dated April 1, 2011.
, 2011, by and between the City of
Management Corp, doing business as
payments and agreements hereinafter
2. The Contractor will furnish all of the material, supplies, tolls, equipment, labor and other
services necessary for the construction and completion of the project described herein.
3. The Contractor will complete the work required by the Contract Documents within the specified
completion dates unless the period for completion is extended by the Contract Documents.
4. The Contractor agrees to perform all of the work described in the Contract Documents for the
sum not to exceed $37,950.00.
5. The Owner will pay to the Contractor in the manner and at such times as set for in the General
Conditions, such amounts as required by the contract documents.
6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this agreement, or caused to be executed
by their duly authorized officials.
By:
By:
By:
CITY OF LAKEVILLE
Mark Bellows, Mayor
Date:
Charlene Friedges, City Clerk
Date:
PLM Lake & Land Management Corp
PO Box 326
Pequot Lakes, MN 56472
Title: