HomeMy WebLinkAbout10B - Lakefront Restoration
MEETING DATE:
AGENDA #
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
1/14/2004
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JANUARY 20, 2004
10B
MAKENZIE MCCORMICK, PUBLIC WORKS COORDINATOR
BUD OSMUNDSON, DIRECTOR OF PUBLIC WORKS
CONSIDER APPROVAL OF A RESOLUTION: 1) AUTHORIZING THE HIRING OF
APPLIED ECOLOGICAL SERVICES, INC. TO PREPARE A NATURAL RESOURCE
ASSESSMENT AND ECOLOGICAL RESTORATION AND MANAGEMENT PLAN AND
2) TO ACCEPT THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES MN
RELEAF GRANT FOR THE PREPARATION OF THE RESTORATION PLAN FOR
LAKEFRONT PARK.
History
This agenda item is to request authorization to hire Applied Ecological Services, Inc.
(AES) to provide professional services to complete a natural resource assessment and
management plan for Lakefront Park. To provide a complete assessment it is necessary
to assess the ecology to better understand the specific restoration and management
needs. AES will also provide the City with a management plan that outlines the initial
remedial efforts as well as ongoing maintenance activities that City staff can maintain
year round. Specifically, this plan will provide public works parks maintenance direction
in maintaining Lakefront Park's forested and wetland areas. It will provide a plan to
eliminate unwanted species such as buckthorn, and provide a re-planting plan to help
preserve the old growth forest. In addition, the plan will do the same for the wetland
areas; eliminating erosion, reducing the higher nitrogen and phosphorous levels and
planting native wetland species to create a more diverse wetland environment.
The restoration and management plan for Lakefront Park will provide the City with a
model plan for other parks within the City that have natural areas. The City will be able
to utilize the assessment and management plan completed by AES as a boiler plate for
other area parks, resulting in significant savings for the City in the future.
To help offset the costs of the restoration effort; city staff has applied for and received a
MN Releaf Grant from the Minnesota Department of Natural Resources. The grant
money is providing for tree planting materials and a portion of the professional services
of AES.
Current Circumstances
Staff recommends that Applied Ecological Services, Inc. provide professional services to
complete the natural resource assessment and restoration/management plan for
Lakefront Park because of their familiarity with Prior Lake. AES conducted a basic
assessment of Lakefront Park during the master planning effort in 1996. AES also
partnered with the City on the Thomas Ryan Memorial Park design. City staff
recommends partnering with AES to provide their services for restoration and
management planning.
Lakefront Park is the premiere park in the City of Prior Lake. Staff would like to take a
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
APPROVED BY:
1114/2004
pro-active approach to keeping the park in pristine condition. To fully utilize the natural
assets of the park, staff feels it is now appropriate to better assess the natural resources
and prepare a management plan for Lakefront Park. By beginning to maintain natural
areas now, instead of later, the City will benefit both from cost savings and continued
enjoyment of the park in future years.
AES submitted the attached proposal dated January 6, 2004. Staff originally sought to
pursue these efforts last year, but due to the possibility of receiving grant funds, staff has
delayed the project until now. The proposed cost for the Natural Resource Assessment
and Ecological Restoration and Management Plan is $10,150.
The City was officially awarded the MN Releaf Grant on December 10, 2003. The total
amount of the grant is $9,000 awarded over a two-year period. The grant provides
$3,925 for tree planting materials and $5,075 for contractual services. The City will
provide the personnel and equipment costs, along with an additional $11,075 for tree
planting materials and $5,075 for contractual services. The total expense to the City is
$16,150: The CIP for 2004 provides $10,000 for tree planting materials which is being
considered at tonight's meeting. The tree planting efforts will be completed over two
years, which provides $20,000 of available funds from the CIP for the $11,075 cost.
f
The financial impact 0 this effort is shown below:
Task Cost Releaf Grant FundinQ Citv's Cost
Resource Assessment $10,150 $5,075 $5,075
and Manaoement Plan
Tree Plantina Materials $15,000 $3,925 $11,075
Total $25,150 $9,000 $16,150
The funding for the City's portion will be taken from the Capital Park Fund.
The alternatives are as follows:
1. Approve Resolution 04-xx authorizing the execution of the City's standard
professional services contract with AES and accepting the MN Releaf Grant from the
Minnesota Department of Natural Resources ($9,000).
2. Table this item for a specific reason.
3. Deny this agenda item for a specific reason and provide staff with direction.
Staff recommends alternative number 1.
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 04.XX
AUTHORIZING THE HIRIN.G OF APPLIED ECOLOGICAL SERVICES, INC. TO PREPARE A NATURAL
RESOURCE ASSESSMENT AND ECOLOGICAL RESTORATION/MANAGEMENT PLAN AND TO
ACCEPT THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES MN RELEAF GRANT FOR
THE PREPARATION OF THE RESTORATION PLAN FOR LAKEFRONT PARK.
MOTION BY: SECOND BY:
WHEREAS, The City received a MN Releaf grant from the Minnesota Department of Resources
in an amount of $9,000.00; and
WHEREAS, Staff feels it is in the City's best interest to assess and maintain the natural
resources of Lakefront Park; and
WHEREAS, Applied Ecological Services, Inc. has provided the City with master planning efforts
in the past and are recommended by City staff to provide assessment and planning
services for Lakefront Park; and
WHEREAS, The management plan for Lakefront Park will provide an example for other City
park's natural areas, providing cost savings to the City in the future.
NOW THEREFORE, BE IT ~ESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that:
1. The recitals set forth above are incorporated herein.
2. The City Council authorizes the Mayor and City Manager to 1 )execute the standard professional
services contract with Applied Ecological Services, Inc. in the amount not to exceed $10,150 to
prepare a natural resource assessment and restoration/management plan and 2) to accept the
MN Releaf Grant in an amount of $9,000.00,
3. That an expenditure of up to $25,150.00 is hereby authorized from the Capital Park Fund with the
understanding that $9,000.00 of this amount will be reimbursed to the City from the Releaf grant.
Passed this 20th day of January 2004.
Hauaen Hauaen
Petersen Petersen
Zieska Zieska
LeMair LeMair
Blombera Blombera
YES
NO
{ Seal}
Frank Boyles, City Manager
1/14/2004
www.cityofpriorlake.com
Phone 952.447.4230 / Fax 952.447.4245
APPLIED ECOLOGICAL SERVICES, INC.
21938 MUSHTOWN ROAD, PRIOR LAKE, MN 55372
PHONE: (952)447-1919 FAX: (952)447-1920
Email: info@appliedeco.com
SPECIALISTS IN ENVIRONMENTAL MANAGEMENT AND RESEARCH
January 6, 2004
Mr. Al Friedges
Park Maintenance Supervisor
City of Prior Lake
17073 Adelmann St. SE
Prior Lake, Minnesota 55372
RE: Lakefront Park (#03-006) - Letter Agreement for Natural Resource Assessment and
Ecological Restoration & Management Plan (Revised)
Dear AI:
Thank you for your interest in retaining Applied Ecological Services, Inc. (AES) for professional
services. I enjoyed meeting with you back in 2002 and discussing some of your objectives for parks
within the City of Prior Lake. As you are well aware, Lakefront Park represents a tremendous
opportunity for ecological restoration, stewardship, passive recreation, and education, and we hope to be
able to assist you with attaining your goals for ecological restoration and management.
Based on our December 31,2002 meeting and preliminary review of existing data, AES has
prepared the following scope of work for the park. After reviewing, please contact me at (952) 925-3359
to discuss how you would like to proceed with the project.
I. SCOPE OF WORK
TASK 1. Natural R~source Assessment
In order to develop an Ecological Restoration and Management Plan for Lakefront Park, it is
essential that we better understand the existing ecological conditions of the site. Although AES
conducted a basic assessment of the park's natural resources during the master planning effort in 1996, it
is necessary to revisit the park and re-assess the ecology with more attention to species composition,
disturbance regimes, and specific restoration and management needs. Under this task, AES will conduct a
natural resource assessment of the approximately 1 26-acre park. This will include acquiring and
reviewing existing data for the park, conducting a site reconnaissance of the property, and preparing a
written Natural Resource Assessment report summarizing our findings.
Estimated Fees and Expenses, Task 1:
$5,200
03006:010604
Lakefront Park - Letter Agreement (Revised)
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TASK 2. Development of Ecological Restoration and Management Plan
Following Task 1, AES will work with the City to generate a detailed Ecological Restoration and
Management Plan for Lakefront Park. The plan will provide a restoration strategy designed to achieve
sustainable/healthy ecological systems in the park, stressing native vegetation and wildlife habitat. The
plan will include a delineation of management units within the park and will address initial remedial
efforts as well as ongoing maintenance activities (e.g., prescribed burning, herbicide maintenance,
brushing). Recommend actions and schedules for the management units will be designed to achieve the
City's ecological restoration goals.
Estimated Fees and Expenses, Task 2:
$4,950
TOTAL Estimated Project Cost (All Fees and Expenses):
$10,150
Schedule
AES is available to initiate project activities upon execution of this contract; however, we would
recommend that the project be initiated in the spring in order to more completely assess vegetation and
other ecological conditions that are difficult or impossible to assess in the winter.
II. ADDITIONAL SERVICES ,
Applied Ecological Services will provide additional services, above and beyond the scope presented
above, with approval from the client. Additional services that may be desired for this project include
meetings, presentations of findings to City staff or residents, or development of GIS-based mapping and
management tools. Fees will be based on Attachment A of this contract.
III. PAYMENT
Fees noted "estimated" are estimates only. Applied Ecological Services will bill on a time plus expenses
basis according to Attachment A up to the estimated amount. Billings for leach task may be higher or
lower than that estimated. AES agrees to inform the Client if the work exceeds or is predicted to exceed
the estimated amounts shown.
IV. ATTACHMENTS
Where there is a conflict between the Letter Agreement and the attachments, this Letter Agreement will
take precedence. The following attachments are included in the contract and will define and govern the
rights and responsibilities of each party.
General Terms and Conditions
Attachment A: Fee Schedule
V. VALID PERIOD
This contract is valid for a period of one year from the date appearing at the top of page one.
03006:010604
2
Lakefront Park - Letter Agreement (Revised)
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VI. APPROVAL
In signing below, each party agrees to abide by all terms and conditions presented in this document and
the defined attachments.
Applied Ecological Services, Inc.
Client (as defined at the top of this agreement)
Signature
date
Print name and title
03006:010604
3
Lakefront Park - Letter Agreement (Revised)
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GENERAL TERMS AND CONDITIONS
1. TERM OF AGREEMENT
1.1 These Terms and Conditions apply to the attached letter agreement and any subsequent agreements or changes to
existing agreements for services between Applied Ecological Services, Inc. (hereafter AES) and the Client as defined in the letter
agreement. Together these documents and any attachments constitute the Agreement.
1.2 The Agreement is valid for the period stated in the Letter Agreement. Upon expiration of that period, AES has the
right to amend the basis of payment and to adjust the time of performance to reflect the delay and to conform to current
workloads.
2. RESPONSIBILITIES
2.1 Standard of Care: AES will perform the Services in a manner consistent with the level of care and skill ordinarily
exercised by members of the profession currently practicing in the same locality under similar conditions.
2.2 Safety: AES is responsible for the safety of its own employees. This provision does not relieve Client or any of its
officers, directors, employees, agents, vendors, or contractors from their responsibility for maintaining a safe work site. Neither
the professional services of the Client, nor the presence of the Client's employees or subcontractors will imply that AES has any
responsibility for any activities on site performed by personnel other than AES's employees or subcontractors.
2.3 Responsibility for Uncompleted Services: Ifany of the Services are eliminated, or if AES is not retained to perform
subsequent phases, AES's responsibility will extend only to the Services it completes.
2.4 Reliance on Information: In performing these services, AES may review and interpret documents and other
information provided to it by others, including the Client, the Client's contractors, government authorities, laboratories and other
entities. Unless specifically addressed in Project Services authorized by Client, AES may rely upon this information without an
independent evaluation of its accuracy or completeness, and shall not be responsible for any errors or omissions contained in such
information.
3. TIME FOR PERFORMANCE
3.1 , General: AES's Services will be performed according to the Schedule specified in the Letter Agreement.
13.2 Effect of Delay: If the Services to be performed by AES are intetrupted, disrupted, suspended, or delayed for any
reason beyond the reasonable control of AES, the Schedule of work and the date for completion will be adjusted accordingly.
AES will be compensated for all reasonable increased costs resulting from such interruption, disruption, suspension, or delay.
4. COMPENSATION
4.1 Method of Compensation: Compensation for services shall be as set forth in the Proposal.
4.2 Taxes: All charges are net of any applicable taxes (except income and payroll taxes). Any additional costs due to
applicable taxes will be reimbursed by Client.
~. PAYMENT I
5.1 Time oCPayment: Client agrees that time is of the essence as to payment of AES's invoices.
5.2 Invoicing: Unless otherwise specified in the Proposal, AES will submit monthly invoices or at the completion of the
project to Client for the Services performed and the charges incurred in the preceding period. Invoices are due and payable thirty
(30) calendar days after the invoice date.
5.3 Disputed Invoices: If Client objects to all or any portion of the invoice, Client will notify AES in writing within ten
(10) calendar days of the invoice date, identify the cause of the disagreement, and pay when due that portion of the invoice that is
not in dispute. In the event that AES and Client cannot resolve the dispute regarding the invoiced amount within thirty (30) days
after receipt by AES of the notice of disagreement by Client, the dispute will be subject to the Dispute Resolution provision of
this Agreement.
5.4 Interest: Client will pay an additional charge of one (I) percent per month, or the maximum percentage allowed by
law, whichever is lower, of the overdue amount for any payment received by AES more than thirty (30) calendar days from the
date of the invoice, except any portion of the invoiced amount in dispute and resolved in favor of Client.
5.5 Suspension/Termination of Services for Non-Payment: If any invoice amount is not paid within thirty (30) calendar
days after the date of the invoice, AES will have the right, after giving seven (7) days written notice, to suspend all Services on
the Project until all accounts (including charges and accrued interest) have been paid. If any overdue amount is not paid within
forty-five (45) calendar days alter the date of the invoice, AES will have the right to terminate this Agreement. Any attorney
fees, court costs, collection fees or other costs incurred in collecting any delinquent amounts will be paid by Client.
6. CONFIDENTIALITY
6.1 Nondisclosure: For the purpose ofthis provision, confidential information will be proprietary business information or
trade secrets designated in writing to be confidential.
6.1.1 AES and Client will maintain as confidential any confidential information provided by the other Party, as
defined in 6.1. This provision shall not apply to information that (1) is already known to the recipient as shown by
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written records in its possession at the time such information is received; (2) is already part of the public domain at the
time of disclosure, or subsequently becomes part of the public domain through no fault of the recipient; (3) becomes
available to the recipient from a third party who is not under obligation to the recipient with respect thereto; or, (4) is
independently developed by an employee or consultant ofthe recipient who had no knowledge of or access to the
information.
6.1.2 Each party may disclose confidential information if the confidential information (1) is required to be
disclosed by law, subpoena, order of a court or governmental regulatory agency, or other legal process provided that
the disclosing Party gives the other Party reasonable notice and opportunity to challenge the requirement to disclose;
(2) is disclosed to a Party" contractor, subcontractor, consultant, agent, or employee who has signed a nondisclosure
agreement; (3) is disclosed to a third party who has signed a nondisclosure agreement, but only ifboth AES and Client
agree to such disclosure; (4) is disclosed to avoid a risk of imminent harm to persons, property, or the environment; or
(5) is disclosed to protect either Party from criminal or civil liability under applicable law.
6.2 Use of Project Information: Client agrees that AES may use Client's name and a general description of the Project as
a reference for other prospective clients, provided that no confidential information is disclosed.
7. OWNERSmp OF DOCUMENTS
7.1 Documents: Original documents generated by AES are instruments of Service and will remain the property of AES.
AES will provide a copy of those deliverables specified in the Proposal.
7.2 Use: Any documents generated by AES are for the exclusive use of Client, and any use by third parties or use beyond
the intended purpose of the document, will be at the sole risk of Client, unless otherwise agreed upon by AES in writing.
8. ALLOCATION OF RISK
8.1 Insurance: AES agrees to purchase and maintain at its own expense general liability insurance, professional liability
insurance, and automobile liability insurance. Certificates of insurance will be provided to Client upon request in writing. AES
agrees to purchase additional insurance as requested by the Client (presuming such insurance is available to AES) provided the
premiums for such additional insurance are reimbursed by the Client.
8.2 Indemnification: Client and AES agree that each Party will be responsible for claims, suits, damages, and losses to the
extent caused by their own negligence or willful misconduct. Client agrees to defend and hold harmless AE~ from claims,
damages, suits, and losses by lhir~ parties, except to the extent caused by AES. ,
Client releases AES from any claim for damages resulting from or arising out of any pre-existing environmental conditions at the
site where the work is being performed. .
8.3 Limitation of Liability: For liability claims in excess of, or not covered by AES's insurance policy, the total extent of
liability to AES will not exceed the greater of:
I. AES's charges for the Services under the Proposal; or
2. Fifty thousand dollars ($50,000.00).
9. TERMINATION
9.1 Termination: Either Party upon ten (10) days written notice may terminate this Agreement without cause. In the event
of termination, AES will be paid on a time and expenses basis at AES's standard rates for services perfo/med prior to the
termination notice date plus reasonable termination expenses, including the cost of completing analyses, records, and reports
necessary to document job status at the time oftermination, and the cost to bring any site work to a safe and stable condition.
AES will also be reimbursed for reasonable costs associated with untimely demobilization and reassignment of personnel and
equipment.
10. TmRDPARTIES
10.1 Successors and Assignees: This Agreement will be binding on AES and Client, and their successors, trustees, legal
representatives, and assigns. Neither Party may assign or transfer any rights, responsibilities, or interest in this Agreement
without the written consent of the other Party and any attempt to do so without such consent will be void.
10.2 Subcontractors: Nothing in this section will prevent AES from employing subcontractors or consultants to assist in the
performance of Services under this Agreement.
11. DISPUTE RESOLUTION
11.1 Arbitration: All claims, disputes and other matters in question between the parties to this Agreement arising out of or
relating to this Agreement or the breach thereof, shall be decided by mandatory and binding arbitration in accordance with the
rules of the American Arbitration Association ("AAA") currently in effect, unless the parties mutually agree otherwise. The
following procedures shall apply:
11.1.1 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the AAA.
Any demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question
has arisen. In no event shall the demand for arbitration be made after the date when institution oflegal or equitable
proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of
limitations.
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11.1.2 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or any other
manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific
reference to this Agreement signed by the parties hereto and any other person or entity sought to be joined. Consent to
arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or
other matter in question not described in the written consent or with a person or entity not named or described therein.
The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly
consented by the parties to this Agreement shall be specifically enforceable in accordance with applicable law and any
court having jurisdiction thereof.
11.1.3 The parties to the arbitration shall be entitled to engage in discovery pursuant to the Rules of Civil Litigation
of the State where the work was undertaken.
11.1.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof.
11.1.5 All filing fees and AAA costs associated with the arbitration itself shall be paid for by the party who files the
notice of arbitration; provided, however, that all such expenses shall be recovered by the filing party in the event said
party prevails. The arbitration panel shall determine any issues regarding who is the prevailing party. The prevailing
party also shall recover from the non-prevailing party all attorneys' fees and costs, including fees and costs for legal
assistants and expert witnesses, and including all fees and costs incuITed relative to any challenge or appeal of the
arbitration award, or confirmation by a court oflaw.
12. INTERPRETATION
12.1 Severability: If any provision of this Agreement is determined to be void or unenforceable by a Court, all remaining
provisions will continue to be valid and enforceable. The court will reform or replace any void or unenforceable provision with a
valid and enforceable provision that comes as close as possible to expressing the intention of the void or unenforceable provision.
12.2 Governing Law: This Agreement will be governed by the laws of the State of Minnesota.
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ATTACHMENT A
APPLIED ECOLOGICAL SERVICES, INC.
FEE SCHEDULE FOR CONSULTANTS
AND SUPPORT SERVICES
POSITION TITLE
Principal Ecologist
Principal Ecotoxicologist
Principal Environmental Engineer
Senior Ecologist
Senior Landscape ArchitectIPlanner
Staff Cartographer/GIS Specialist
Staff Ecologist
Staff Biologist
Staff Ecological/Landscape Designer
Associate Ecologist
Associate Ecological/Landscape Designer
CADD/GIS Draftsperson
Technical Assistant
Clerical
RATE
$ 130.00/ hour
$ 160.00/ hour
$ 150.00/ hour
$ 100.00/ hour
$ 100.00/ hour
$ 80.00/ hour
$ 80.00 / hour
$ 80.00 / hour
$ 80.00/ hour
$ 60.00/ hour
$ 60.00/ hour
$ 60.00/ hour
$ 50.00 / hour
$ 45.09/ hour
I
t
OTHER SERVICES
Construction Oversight
Technical Writing
Automated Data CompilationIProcessing
GPS System
$ 80.00/ hour
$ 90.00/ hour
$ 25.00/ hour
$ 200.00/ day
EXPENSES
Transportatiem mileage
Per Diem
Computer Plotting
Any additional services
Air or public transportation
Lodging
Supplies, maps, documents
Analysis of soil and water samples
Ecotoxicology samples
Reprographics
$ 0.38/ mile
$ 30.00/ person / day
$4.50 / square foot
Cost plus 15%
* Time spent in providing testimony for legal proceedings will be billed at double the normal hourly rate.
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