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Home My WebLink About5I BMP Maintenance Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 16, 2017 AGENDA #: 5I PREPARED BY: PETE YOUNG, WATER RESOURCES ENGINEER PRESENTED BY: PETE YOUNG AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE EXECUTION OF THE CITY’S STANDARD AGREEMENT FOR CONTRACT SERVICES FOR 2018-2020 CONTRACTED BMP MAINTENANCE SERVICES DISCUSSION: Introduction The purpose of this agenda item is to seek City Council authorization to enter into the City’s standard agreement for contract services with Applied Ecological Services for 2018-2020 Contracted BMP Maintenance Services. History Each year the City Council adopts the Capital Improvement Program (CIP) which involves funding for various improvement projects. The 2017-2021 CIP includes a budgeted amount for annual Stormwater Improvements to ensure proper long-term effectiveness and functionality of existing stormwater Best Management Practices (BMPs) such as stormwater ponds, native plant buffers, raingardens, and infiltration basins. The City is mandated to meet State requirements under our Municipal Separate Storm Sewer System (MS4) permit. The long-term operation and maintenance of stormwater BMPs falls under this permit. The City is currently responsible for maintaining approximately 219 water quality stormwater BMPs within our MS4. Over the past five years, the majority of the maintenance work accomplished for these BMPs was completed by Public Works staff (Streets and Parks Departments), although some maintenance has been deferred or reduced in scope due to staff availability and prioritization of other projects. Some of the work was also completed through a combination of individual site contracted maintenance, volunteers, and maintenance grants. This year staff applied for but did not receive a maintenance grant and in general free sources of labor cannot be relied upon to cover ongoing BMP maintenance needs. Current Circumstances City staff identified a subset of 14 critical water quality BMPs out of our 219 total stormwater BMPs. These 14 sites have significant maintenance and improvement needs that can be difficult to accomplish with the City’s staff and/or equipment and that require specialized maintenance expertise. 2 Lumping maintenance for these sites into one multi-site project and securing a contractor for a three-year term allows the City to realize an overall savings over individual site maintenance contracts. The rates received in the quotes are in line with or lower than the quotes we have received for individual sites. An RFQ (see Attachment 1) was prepared and sent to three firms with expertise in stormwater BMP maintenance. The City received two quotes (see Attachments 2 and 3): Company Name Quote Applied Ecological Services $27,899.00 Minnesota Native Landscapes $30,480.00 Conclusion Staff is recommending that the City Council accept the quotes and award the project to Applied Ecological Services, and approve the resolution to authorize the execution of the City’s standard agreement for contract services for this project (Attachment 4). If approved, BMP maintenance work will be completed in 2018-2020. ISSUES: Considering the nature of BMP maintenance work and the need to comply with the State MS4 permit in an efficient manner, contracting for BMP maintenance services represents a good value to the Prior Lake taxpayer. The average cost per year under this proposal is about $9,300. This approach to stormwater BMP maintenance is new for the City and if approved, the project effectiveness would be evaluated after the first year. If the project were to progress with good results, staff may approach the Council with a proposal for additional contracted BMP maintenance, in accordance with the CIP. The City has an obligation to protect and improve the water quality of our water resources. Allocating resources to complete this type of MS4 maintenance shows a commitment to an important part of our overall stormwater program. FINANCIAL IMPACT: The City’s 2017-2021 CIP reserves $25,000 annually for Stormwater Improvements which includes contracted BMP maintenance. The actual projects from within the quote that are selected and completed will be reviewed to stay within the current budget. ALTERNATIVES: 1. Motion and a second as part of the consent agenda to approve the resolution authorizing the Mayor and City Manager to execute the City’s standard agreement for contract services with Applied Ecological Services for 2018-2020 Contracted BMP Maintenance Services. 2. Motion and a second to remove this item from the consent agenda for additional discussion. 3 RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ A RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE EXECUTION OF THE CITY’S STANDARD AGREEMENT FOR CONTRACT SERVICES FOR 2018-2020 CONTRACTED BMP MAINTENANCE SERVICES Motion By: Second By: WHEREAS, Stormwater Best Management Practices (BMPs) have been installed to protect and improve water quality within the City of Prior Lake; and WHEREAS, Stormwater BMPs require maintenance to remain functional and effective; and WHEREAS, Stormwater Improvements, including contract BMP maintenance, is identified annually within the Capital Improvements Program (CIP); and WHEREAS, Two quotes were received in the amount of $27,899 and $30,480; and WHEREAS, Applied Ecological Services is the lowest responsible contractor with a quote of $27,899 over a three-year term, 2018-2020. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Applied Ecological Services is the lowest responsible contractor. 3. The Mayor and City Manager are hereby authorized to enter into the City’s standard agreement for contract services with Applied Ecological Services in the name of the City of Prior Lake for 2018-2020 Contracted BMP Maintenance Services in the amount of $27,899.00. 4. Costs for the project will be recorded to the Capital Improvements Program (CIP), Stormwater Utility Fund, 602-49420.00-55530.00. Passed and adopted by the Prior Lake City Council this 16th day of October 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager City of Prior Lake REQUEST FOR QUOTES (RFQ) CONTRACTED BMP MAINTENANCE SERVICES The City of Prior Lake is soliciting proposals from Contractors experienced in stormwater Best Management Practice (BMP) maintenance. To submit a proposal, the submission must be in a sealed envelope and plainly marked “Quote for Contracted BMP Maintenance Services”. If forwarded by mail, the sealed envelope containing the quote must be enclosed in another envelope addressed to the City and plainly marked “Quote for Contracted BMP Maintenance Services” and addressed to: Public Works Director City of Prior Lake Maintenance Facility 17073 Adelmann St SE Prior Lake, MN 55372 Proposals will be accepted until 11:00 a.m. on Friday, October 6th, 2017. The City of Prior Lake reserves the right to reject any or all proposals, to waive technical specifications or deficiencies, and to accept any proposal that it may deem to be in the best interest of the City. This Request for Quotes includes this Request page, the Information for Contractors, the Specifications, a sample Master Agreement Form, the Quote Form, and 14 Site Maps. Continue on succeeding pages for the complete request. INFORMATION FOR CONTRACTORS CONTRACTED BMP MAINTENANCE SERVICES 1. CONTRACTOR’S KNOWLEDGE The City of Prior Lake plans to contract with a firm to provide Contracted BMP Maintenance Services for various stormwater BMP sites. The City is seeking firms whose combination of experience and personnel will provide timely, cost effective, and quality professional services to the City. Each Contractor is responsible for inspecting the sites and for reading and being thoroughly familiar with the contract documents; the failure to do so shall in no way relieve a Contractor from any obligation with respect to their quote. Contractors must satisfy themselves with the Scope of Work and review of the specifications including addenda. After quotes have been submitted, the Contractor shall not assert that there was a misunderstanding concerning the requirements to complete the work or of the nature of the work to be done. All applicable laws, ordinances, and the rules and regulations of all authori ties having jurisdiction over the work shall apply to the contract throughout. The Contractor agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the supplemental general conditions. The Contract Documents contain the provisions applicable to the work. Information obtained from an officer, agent, or employee of the City or any other person shall not affect the risks or obligations assumed by the contractor, or relieve the contractor from fulfilling any of the conditions of the Contract Documents. 2. SUBMISSION OF QUOTES Quotes will be received by the City of Prior Lake, at City Maintenance Facility, 17073 Adelmann St. SE, Prior Lake, MN 55372 until 11:00 a.m., local time, October 6, 2017 and then at said office publicly opened and read aloud. Each quote must be submitted in a sealed envelope, addressed to Public Works Director, City of Prior Lake at 17073 Adelmann Street SE, Prior Lake, MN 55372. Each sealed envelope containing a quote must be plainly marked on the outside as a QUOTE FOR CONTRACTED BMP MAINTENANCE SERVICES and, the envelope should bear on the outside the name of the Contractor, Contractor’s address, and their license number if applicable. If forwarded by mail, the sealed envelope containing the quote must be enclosed in another envelope addressed to the City at City of Prior Lake Maintenance Facility, 17073 Adelmann Street SE, Prior Lake, MN 55372. All quotes must be made on the required quote form. All blank spaces for quote prices must be filled in, in ink or typewritten, and the quote form must be fully completed and executed when submitted. Only one (1) copy of the quote form is required. The City shall not reimburse any Contractor for its quote preparation costs. 3. EVALUATION OF QUOTES The City reserves the right to waive minor irregularities in a quote, if in doing so no other Contractor is materially prejudiced. The City reserves the right to reject any or all quotes. Any quote may be withdrawn prior to the above schedule time for the opening of quotes or authorized postponed thereof. Any quote received after the time and date specified shall not be considered. Conditional or qualified quotes will not be accepted. No Contractor may withdraw a quote within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the time INFORMATION FOR CONTRACTORS CONTRACTED BMP MAINTENANCE SERVICES provided or otherwise specified in the Request for Quotes, the time may be extended by mutual agreement between the City and the Contractor. The City may make such investigation as it deems necessary to determine the ability of the Contractor to perform the work, and the Contractor shall furnish to the City all such information and data for this purpose as the City may request to determine whether the Contractor meets the requirements set out below for determining whether the Contractor qualifies as a Responsible Contractor. Contractors shall supply the names and addresses of major material suppliers and subcontractors when requested to do so by the City. A Responsible Contractor is one that can perform the work in a timely fashion and complete the work for the amount quote and within the terms of the Contract Documents. The City may request Contractors to submit references from projects where the work was similar in nature to the work described in the Request for Quotes and the Specifications. The City may require additional information from references such as the amount of the original contract and the amount of any change orders requested by the Contractor. The City may find a Contractor is not responsible and reject its quote if the City finds that the Contractor has a history of submitting a low quote and thereafter requesting excessive change orders or additional charges. The City may also consider information provided by references or otherwise concerning whether a Contractor (1) failed to complete work in a timely fashion; (2) failed to follow the owner’s directions during the progress of the work ; (3) failed to inform the owner in a timely fashion of any problems it incurred in completing the work; or (4) requested change orders initiated by the Contractor in excess of twenty (20) percent of the amount the Contractor quoted for the work. The City may also consider the City’s past experience with a Contractor. Based on information obtained from references provided by the Contractor, from inquiries made by the City to other municipalities for whom the Contractor completed similar work during the preceding five (5) years, or from the City’s past experience with the Contractor, the City may find the Contractor is not a Responsible Contractor. 4. NOTICE OF AWARD A written NOTICE OF AWARD will be sent to the Responsible Contractor. The Contractor that is awarded the work will be required to execute the City’s Standardized Contract Documents within ten (10) calendar days from the date when the NOTICE OF AWARD is delivered to the Contractor. 5. STANDARDIZED CONTRACTS. The City has developed standardized contract documents. The City will not materially alter or amend the terms and conditions of its standardized contracts. 6. MASTER CONTRACT The Contract Documents shall consist of a Master Contract containing the terms and conditions for all work completed under the contract. All work shall be subject to the Master Contract. All work must be performed in accordance with the work listed on the Quote Form under “BMP Maintenance Services”. The City and Contractor shall meet annually and agree on a work plan for that year. Any work performed by the selected Contractor which was not listed on the Quote Form shall not be considered to have been approved by the City and shall not be paid for by the City. Within 30 days of completion of any work, the selected Contractor shall present to the City an invoice pursuant to the terms of the Master Contract. INFORMATION FOR CONTRACTORS CONTRACTED BMP MAINTENANCE SERVICES 7. EXECUTION OF CONTRACTS The City, within twenty (20) days of receipt of executed Contract Documents from the Successful Contractor to whom the work was awarded, shall sign the Contract Documents and return an executed duplicate to the Contractor. Should the City not execute the Contract Documents within such period, the Contractor may by written notice withdraw its signed Contract Documents. Such Notice of W ithdrawal shall be effective upon receipt of the notice by the City. 8. DATA PRACTICES All proposals and other documentation and information submitted by Contractors is subject to the Minnesota Data Practices Act. SPECIFICATIONS CONTRACTED BMP MAINTENANCE SERVICES 1. CODES AND STANDARDS References to codes and standards established by federal, state, and local agencies, or by professional trade societies and associations shall be to the latest edition at the time of contract award. The Contractor shall accomplish the work in a workmanlike manner in accordance with all applicable governing codes, standards, regulations and laws. 2. BILLING OF WORK Payment shall be made to the Contractor providing Contracted BMP Maintenance Services for the City only for work listed on the Quote Form. City staff and the Contractor will meet once annually, before any work commences for that year, to plan the work to be done during that year. The Contractor is required to turn in billing invoices based on the work listed on the Quote Form, or as modified during the Annual Meeting. One invoice shall be issued per BMP site after satisfactory completion of the work and each invoice shall include the following: date work was completed, site where work was performed, and any other pertinent information. No travel time will be paid to the Contractor. Invoices shall be submitted to: City of Prior Lake Attn: Public Works Department 17073 Adelmann St SE Prior Lake, MN 55372 3. WORKING HOURS The Contractor agrees to acknowledge all requests within 24 hours and commence work within 5 business days or on a mutually agreed upon time frame. The Contractor agrees to notify City staff at least 1 business day before any work begins. Allowable working hours are Monday through Friday from 7:00 a.m. to 7:00 p.m. 4. SUPPLIES The Contractor will furnish all labor, materials, supplies, equipment and supervision for providing all services as described in these specifications. If the specifications are inadvertently not complete in all details, the Contractor should bring the detail in question forward, so that a solution may be enacted. Mechanical or other equipment used by the Contractor must be of a type approved by the industry and operated in a way that does not create or cause damage of any nature to any person or property. Any damages shall be reported immediately and are the responsibility of the Contractor. 5. TECHNICAL PROVISIONS All work shall be performed pursuant to these specifications. All work shall be subject to the following requirements: MAINTENANCE MOWING a. Schedule mowing as needed to restrict all State Noxious Weeds from setting seed . In general, mowing should commence prior to common weed species, such as foxtail and thistle, forming flowering heads. SPECIFICATIONS CONTRACTED BMP MAINTENANCE SERVICES b. Mowing height shall range from 6 inches to 12 inches, based on the conditions of the site. Care should be taken to avoid mowing desirable species if possible. c. Avoid mowing desirable shrubs and trees. d. Wet areas should be mowed when possible, however the equipment used shall not cause ruts or soil compaction. e. If mowing is not feasible in certain areas, other methods may be approved. SPOT HERBICIDE TREATMENTS: a. Schedule spot herbicide treatments as needed to restrict all State Noxious Weeds from setting seed. In general, spot herbicide should be administered throughout the growing season. b. All personnel applying spot herbicide treatments must have a Commercial Pesticide Applicator license. c. Hand-pulling of weeds may be used as an alternative to spot herbicide treatments. All material removed using this method must be hauled off site. WOODY SPECIES ERADICATION: a. Eradicate volunteer woody species such as willow and cottonwood as they become evident. Hand-pulling or herbicide treatment may be used for this purpose. b. Immediately treat any cut woody stumps over ½ inch in diameter using herbicide. HAND WEEDING: a. Pull weeds by hand from within landscaped areas. All material removed using this method must be hauled off site. 6. CONTRACTOR’S RESPONSIBILITY a. The Contractor shall furnish all necessary machinery, tools, labor and material required, and shall fully complete the work in accordance with the Contract Documents. b. The entire work to be performed under the Contract Documents is to be at the Contractor’s risk and he is to assume the responsibility for all damages to the work or to the entire project until its completion and acceptance. c. It shall be the Contractor’s responsibility to maintain all stages of work in a safe and suitable condition at all times, including nights, weekends, and holidays. The Contractor shall make observations of his work during such periods as are necessary to ensure proper performance thereof. The Contractor shall designate one person who shall have charge of the job and to whom the City shall give directions. SPECIFICATIONS CONTRACTED BMP MAINTENANCE SERVICES d. Precautions shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws shall be observed. e. The Contractor is responsible for all utility locates (notification of Gopher State One -Call). 7. TRAFFIC CONTROL DEVICES a. The Contractor shall furnish, erect and maintain all barricades, barricade weights, warning lights, signs, and other traffic control devices required for the guidance, warning and control of vehicular or pedestrian traffic through the designated maintenance area for any work performed. b. All traffic control devices shall conform to the Minnesota Manual on Uniform Traffic Control Devices (MUTCD) and as required by Scott County. 8. PROTECTION AND RESTORATION OF PROPERTY The Contractor shall be responsible for the preservation of, and shall use every precaut ion to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavement, driveways, sidewalks, trails, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. Any adjacent shrubs, trees or other vegetation receiving or sustaining breakage, injury or other damage during the removal project shall be given remedial or corrective treatment and clean-up. 9. METHOD OF MEASURE Each project site shall be measured and categorized by the City and may be verified at any time by the Contractor. The area of each project site has been estimated to the nearest 25 square feet using ArcGIS and 2016 Scott County aerial photography. 10. BASIS OF PAYMENT a. The City will determine the work area for each project site. The Contractor may verify at any time. b. The Contractor shall use the unit price quote for each project site as the basis for computing payment requests. c. Payment for each request shall be made after satisfactory completion and acceptance of the work for that project site. 11. LABOR a. None but competent labor shall be employed on this work. Wherever mechanical work is required, it shall be performed by skilled labor. b. The foreman or other person directing the work shall be competent and reliable. QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES To Whom It May Concern: The undersigned, as Contractor, hereby proposes and agrees to enter into independent contracts with the City of Prior Lake (“City”) to supply all labor, materials and equipment necessary to provide Contracted BMP Maintenance Services in accordance with the Specifications and other pertinent requirements prepared and distributed by the City and in strict accordance with the prices quoted by the Contractor. Contractor: Contractor Representative: Contractor is: (check one)  Sole Proprietorship  Partnership  Corporation existing under State of _______________________________  Other (specify) ____________________________________________ Principal Address: Phone Number: E-mail Address: BMP Maintenance Services – Project Site Quotes Site 1: Watzl’s Beach Shoreline Buffer [9,500 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018-2020 Maintenance mowing 6 EACH 2018-2020 Spot herbicide 6 EACH SUBTOTAL Site 2: Hickory Shores BMPs [31,600 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018 Eradicate volunteer woody species 1 EACH 2018-2020 Maintenance mowing 3 EACH 2018-2020 Spot herbicide 6 EACH SUBTOTAL QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES Site 3: Lakefront Park Bioretention Basin [12,225 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018-2020 Maintenance mowing 3 EACH 2018-2020 Spot herbicide 3 EACH SUBTOTAL Site 4: Rotary Gateway Park Bioretention Basins [8,925 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018-2020 Hand Weeding 6 EACH 2018-2020 Spot herbicide 6 EACH SUBTOTAL Site 5: Thomas Ryan Memorial Park BMPs [81,075 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018-2020 Maintenance Mowing 3 EACH 2018-2020 Spot herbicide 3 EACH SUBTOTAL Site 6: Stonebriar Infiltration Basin [13,000 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018-2020 Maintenance Mowing 3 EACH 2018-2020 Spot herbicide 3 EACH SUBTOTAL Site 7: Library Bioretention Basin [3,300 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018-2020 Hand Weeding 6 EACH 2018-2020 Spot herbicide 6 EACH SUBTOTAL Site 8: Northwood Meadows BMPs [58,100 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018-2020 Maintenance Mowing 3 EACH 2018-2020 Spot herbicide 6 EACH SUBTOTAL QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES Site 9: Cardinal Ridge Buffer [144,050 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018 Eradicate volunteer woody species 1 EACH 2018-2020 Maintenance Mowing 3 EACH 2018-2020 Spot herbicide 6 EACH SUBTOTAL Site 10: Belmont Infiltration Basin [30,050 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018-2020 Maintenance Mowing 3 EACH 2018-2020 Spot herbicide 3 EACH SUBTOTAL Site 11: Boudin Park Bioretention Basin [11,100 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2018-2020 Maintenance Mowing (side slopes) 3 EACH 2018-2020 Hand Weeding 3 EACH 2018-2020 Spot herbicide 6 EACH SUBTOTAL Site 12: Jeffers Bioretention Basin [9,050 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2019-2020 Maintenance Mowing 2 EACH 2019-2020 Spot herbicide 4 EACH SUBTOTAL Site 13: Fish Point Park Buffer [30,400 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2019-2020 Maintenance Mowing 2 EACH 2019-2020 Spot herbicide 4 EACH SUBTOTAL QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES Site 14: Boudin/Watersedge Pond Buffer [6,825 sq ft] Years Work Est. Qty Unit Unit Cost Amount 2020 Maintenance Mowing 1 EACH 2020 Spot herbicide 2 EACH SUBTOTAL Site maps are attached and list the area of each project site to the nearest 25 square feet. Contractor may verify the site area at any time. The Contractor will not be entitled to any compensation on any item other than those listed on this Quote Form. Contractor hereby confirms that this Quote shall be guaranteed by the Contractor for sixty (60) days from the date of quote opening to provide for sufficient time for analysis, City Council action, and contract execution. Authorized Signature Date: SITE QUOTE SUMMARY AND TOTAL QUOTE SITE # SITE NAME & AREA SITE QUOTE 1 Watzl’s Beach Shoreline Buffer [9,500 sq ft] 2 Hickory Shores BMPs [31,600 sq ft] 3 Lakefront Park Bioretention Basin [12,225 sq ft] 4 Rotary Gateway Park Bioretention Basins [8,925 sq ft] 5 Thomas Ryan Memorial Park BMPs [81,075 sq ft] 6 Stonebriar Infiltration Basin [13,000 sq ft] 7 Library Bioretention Basin [3,300 sq ft] 8 Northwood Meadows BMPs [58,100 sq ft] 9 Cardinal Ridge Buffer [144,050 sq ft] 10 Belmont Infiltration Basin [30,050 sq ft] 11 Boudin Park Bioretention Basin [11,100 sq ft] 12 Jeffers Bioretention Basin [9,050 sq ft] 13 Fish Point Park Buffer [30,400 sq ft] 14 Boudin/Watersedge Pond Buffer [6,825 sq ft] TOTAL QUOTE Site #1: Watzl's Beach Lakefront Park KO P P K W Y Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #1September 2017 0 50 100 150 20025 Feet Work Area Parcel Lines City Boundary ?A13?A13 T U R N E R D R KENNETT CURVE HE R I T A G E L N Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #2September 2017 0 50 100 150 20025 Feet Work Area Parcel Lines City Boundary Site #2: Hickory Shores BMPs Crystal Lake K O P P K W Y Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #3September 2017 0 30 60 90 12015 Feet Work Area Parcel Lines City Boundary Site #3: Lakefront Park Bioretention Basin DAKOTA S T ER I E A V Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #4September 2017 0 30 60 90 12015 Feet Work Area Parcel Lines City Boundary Site #4: Rotary Gateway Park Bioretention Basins L O N E P I N E C T B U S S E P K W Y Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #5September 2017 0 80 160 240 32040 Feet Work Area Parcel Lines City Boundary Site #5: Thomas Ryan Memorial Park BMPs ?A13 S T O N E B R I A R C I R IDA CI R STONE B R I A R C I R Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #6September 2017 0 30 60 90 12015 Feet Work Area Parcel Lines City Boundary Site #6: Stonebriar Infiltration Basin AR C A D I A A V 456721 456721 Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #7September 2017 0 25 50 75 10012.5 Feet Work Area Parcel Lines City Boundary Site #7: Library Bioretention Basin KNOLLRIDGE DR HA W K R I D G E R D TAHI N K A C T Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #8September 2017 0 60 120 180 24030 Feet Work Area Parcel Lines City Boundary Site #8: Northwood Meadows BMPs CROSSANDRA ST F I S H P O I N T R D BO U N T Y S T FI L L M O R E A V F I S H P O I N T R D Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #9September 2017 0 75 150 225 30037.5 Feet Work Area Parcel Lines City Boundary Site #9: Cardinal Ridge Buffer Crossandra St BELMONT AV S T E M M E R R I D G E R D Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #10September 2017 0 60 120 180 24030 Feet Work Area Parcel Lines City Boundary Site #10: Belmont Infiltration Basin RUTGERS ST WATERSEDGETRL GRA Y L I N G C I R G R A Y L I N G C I R Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #11September 2017 0 30 60 90 12015 Feet Work Area Parcel Lines City Boundary Site #11: Boudin Park Bioretention Basin POINTE PASS Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #12September 2017 0 30 60 90 12015 Feet Work Area Parcel Lines City Boundary Site #12: Jeffers Bioretention Basin F I S H P O I N T R D Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #13September 2017 0 50 100 150 20025 Feet Work Area Parcel Lines City Boundary Site #13: Fish Point Park Buffer BOUDIN ST WATER S E D G E T R L Scott County GIS This document is for reference only. It is neither a legally recorded map nor a survey and is not intended to be used as one. The drawing is a compilation of records, information, and data from various sources. No representation is made that the features are presented accurately or reflect true location. The City of Prior Lake, or any other entity from which the data was obtained, assumes no liability for any errors or omissions herein. If discrepencies are found, please contact the City of Prior Lake. KContracted BMP MaintenanceQuote Request - Site #14September 2017 0 30 60 90 12015 Feet Work Area Parcel Lines City Boundary Site #14: Boudin/Watersedge Pond Buffer QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES To Whom It May Concern: The undersigned, as Contractor, hereby proposes and agrees to enter into independent contracts with the City of Prior Lake ("City") to supply all labor, materials and equipment necessary to provide Contracted BMP Maintenance Services in accordance with the Specifications and other pertinent requirements prepared and distributed by the City and in strict accordance with the prices quoted by the Contractor. Contractor: Contractor Representative: Contractor is: (check one) Principal Address: Phone Number: E-mail Address: Applied Ecological Services Matt Lasch D Sole Proprietorship D Partnership IBl Corporation existing under State of Wiscons in D Other (specify) 21938 Mushtown Road, Prior Lake. MN 55372 (952) 447-1919 matt.lasch@appl iedeco .com BMP Maintenance Services -Project Site Quotes Site 1: Watzl's Beach Shoreline Buffer [9,500 sq ft] Years Work Est. Qty Unit Unit Cost 2018-2020 Maintenance mowing 6 EACH $151.00 2018-2020 Spot herbicide 6 EACH $144.00 SUBTOTAL Site 2: Hickory Shores BMPs [31,600 sq ft] Years Work Est. Qty Unit Unit Cost 2018 Eradicate volunteer woody species 1 EACH $314.00 2018-2020 Maintenance mowing 3 EACH $253 .00 2018-2020 Spot herbicide 6 EACH s251 .oo SUBTOTAL Amount $906.00 $864.00 $1,770.00 Amount $314.00 S759 .00 Sl 506.00 $2,579.00 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES Site 3: Lakefront Park Bioretention Basin [12,225 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance mowing 3 EACH $147.00 $441.00 Spot herbicide 3 EACH $144.00 $432.00 SUBTOTAL $873 .00 Site 4: Rotary Gateway Park Bioretention Basins [8,925 sq ft] Work Est. Qty Unit Unit Cost Amount Hand Weeding 6 EACH $334.00 $2,004.00 Spot herbicide 6 EACH $156.00 $936.00 SUBTOTAL $2 ,940.00 Site 5: Thomas Ryan Memorial Park BMPs [81,075 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance Mowing 3 EACH $269 .00 $807.00 Spot herbicide 3 EACH $350.00 $1,050.00 SUBTOTAL $1,857.00 Site 6: Stonebriar Infiltration Basin [13,000 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance Mowing 3 EACH $229.00 $687 .00 Spot herbicide 3 EACH $176.00 $528.00 SUBTOTAL $1,215.00 Site 7: Library Bioretention Basin [3,300 sq ft] Work Est. Qty Unit Unit Cost Amount Hand Weeding 6 EACH $314.00 $1,884.00 Spot herbicide 6 EACH $143.00 $858.00 SUBTOTAL $2,742.00 Site 8: Northwood Meadows BMPs [58,100 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance Mowing 3 EACH $273.00 $819.00 Spot herbicide 6 EACH $307.00 $1,842 .00 SUBTOTAL $2,661 .00 Years 2018 2018-2020 2018-2020 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 2018-2020 Years 2019-2020 2019-2020 Years 2019-2020 2019-2020 QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES Site 9: Cardinal Ridge Buffer [144,050 sq ft] Work Est. Qty Unit Unit Cost Amount Eradicate volunteer woody species 1 EACH $477.00 $477.00 Maintenance Mowing 3 EACH $326.00 $978.00 Spot herbicide 6 EACH $504.00 $3,024.00 SUBTOTAL $4,479.00 Site 10: Belmont Infiltration Basin [30,050 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance Mowing 3 EACH $243.00 $729 .00 Spot herbicide 3 EACH $272.00 $816.00 SUBTOTAL $1,545 .00 Site 11: Boudin Park Bioretention Basin [11,100 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance Mowing (side slopes) 3 EACH $153 .00 $459.00 Hand Weeding 3 EACH $328.00 $984.00 Spot herbicide 6 EACH $158.00 $948.00 SUBTOTAL $2,391.00 Site 12: Jeffers Bioretention Basin [9,050 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance Mowing 2 EACH $169 .00 $338.00 Spot herbicide 4 EACH $158.00 $632.00 SUBTOTAL $970.00 Site 13: Fish Point Park Buffer [30,400 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance Mowing 2 EACH $285 .00 $570.00 Spot herbicide 4 EACH $229 .00 $916.00 SUBTOTAL $1,486.00 Years 2020 2020 SITE# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES Site 14: Boudin/Watersedge Pond Buffer [6,825 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance Mowing 1 EACH $135 .00 $135.00 Spot herbicide 2 EACH $128.00 $256.00 SUBTOTAL $391.00 SITE QUOTE SUMMARY AND TOTAL QUOTE SITE NAME & AREA SITE QUOTE Watzl's Beach Shoreline Buffer [9,500 sq ft] $1,770.00 Hickory Shores BMPs [31,600 sq ft] $2,579.00 Lakefront Park Bioretention Basin [12,225 sq ft] $873 .00 Rotary Gateway Park Bioretention Basins [8,925 sq ft] $2,940.00 Thomas Ryan Memorial Park BMPs [81,075 sq ft] $1,857.00 Stonebriar Infiltration Basin [13,000 sq ft] $1,215 .00 Library Bioretention Basin [3,300 sq ft] $2,742.00 Northwood Meadows BMPs [58,100 sq ft] $2,661.00 Cardinal Ridge Buffer [144,050 sq ft] $4,479.00 Belmont Infiltration Basin [30,050 sq ft] $1,545 .00 Boudin Park Bioretention Basin [11,100 sq ft] $2,391.00 Jeffers Bioretention Basin [9,050 sq ft] $970.00 Fish Point Park Buffer [30,400 sq ft] $1486.00 Boudin/Watersedge Pond Buffer [6,825 sq ft] $391.00 TOTAL QUOTE $27,899.00 Site maps are attached and list the area of each project site to the nearest 25 square feet. Contractor may verify the site area at any time. The Contractor will not be entitled to any compensation on any item other than those listed on this Quote Form. Contractor hereby confirms that this Quote shall be guaranteed by the Contractor for sixty (60) days from the date of quote opening to provide for sufficient time for analysis, City Council action, and contract execution. Authorized Signature Date: 10/6/2017 QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES To Whom It May Concern: The undersigned, as Contractor, hereby proposes and agrees to enter into independent contracts with the City of Prior Lake ("City") to supply all labor, materials and equipment necessary to provide Contracted BMP Maintenance Services in accordance with the Specifications and other pertinent requirements prepared and d istributed by the City and in strict accordance with the prices quoted by the Contractor. Contractor: /VJ inn e:sofu Na.+i ve. Lanckcctp-6' Contractor Representative: __ C_n_v_,_· s-~'~'~0~¥ .......... e,~-------------- Contractor is: (check one) Principal Address: Phone Number: D Sole Proprietorship D Partnership ~ Corporation existing under State of Minn es,:ff\ D Other (specify) E-mail Address: Cho-ye€) mnLcov p, Ci>wt BMP Maintenance Services -Project Site Quotes Site 1: Watzl's Beach Shoreline Buffer [9,500 sq ft] Years Work Est. Qty Unit Unit Cost 2018-2020 Maintenance mowing 6 EACH $\A.a.oo 2018-2020 Spot herbicide 6 EACH .$ 150, oc SUBTOTAL Site 2: Hickory Shores BMPs [31,600 sq ft] Years Work Est . Qty Unit Unit Cost 2018 Eradicate volunteer woody species 1 EACH $-i,50 .00 2018-2020 Maintenance mowing 3 EACH $ 350, oc 2018-2020 Spot herbicide 6 EACH $ "2,55.o c SUBTOTAL Amount :S1-~CJ VO ~ q (){), 00 ~~ L (pd\o ,oo Amount $'350 .oo $ I, OS0,°0 $ ;d\ I 17,{?, O ~ ~ 11510.'~0 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 Years 2018-2020 2018-2020 QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES Site 3: Lakefront Park Bioretention Basin [12,225 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance mowing 3 EACH $aoc,,oo ·s lirx1.M Spot herbicide 3 EACH s '::l n s·-_c ti <~ fn 1<;, ()C,• SUBTOTAL }; I , '215. G)C Site 4: Rotary Gateway Park Bioretention Basins [8,925 sq ft] Work Est. Qty Unit Unit Cost Amount Hand Weeding 6 EACH j l~C) 00 $".I-Zo,oo Spot herbicide 6 EACH $ J-S-o ,oc f q (f), 00 SUBTOTAL ~,,,~o.oc Site 5: Thomas Ryan Memorial Park BMPs [81,075 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance Mowing 3 EACH !) )( /) {). 0 0 $ '2 l 1./()n . oa Spot herbicide 3 EACH $CioS.0 0 t L f IS-, "0 SUBTOTAL $ '-I /). I), o o Site 6: Stonebriar Infiltration Basin [13,000 sq ft] Work Est. Qty Unit Maintenance Mowing 3 EACH Spot herbicide 3 EACH 00 SUBTOTAL t / J'-/ o. 0 " Site 7: Library Bioretention Basin [3,300 sq ft] Work Est. Qty Unit Hand Weeding 6 EACH Spot herbicide 6 EACH Site 8: Northwood Meadows BMPs [58,100 sq ft] Work Est. Qty Unit Maintenance Mowing 3 EACH Spot herbicide 6 EACH (IC; SUBTOTAL l,S"."' Years 2018 2018 -2020 2018-2020 Years 2018 -2020 2018-2020 Years 2018-2020 2018-2020 2018-2020 Years 2019-2020 2019-2020 Years 2019 -2020 2019-2020 QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES Site 9: Cardinal Ridge Buffer [144,050 sq ft] Work Est . Qty Unit Unit Cost Amount Erad icate volunteer woody spec i es 1 EACH ~~ I, ~'>0 . ~' -~ 1,4)0.0 " Ma i ntenance Mowi ng 3 EACH •;ft,q().0' C 2 O=h)_ <>O Spot he r bicide 6 EACH ~ 5"1 n. c :v;."240."v SUBTOTAL $ ", 1-'10/" Site 10: Belmont Infiltration Basin [30,050 sq ft] Work Est. Qty Unit Unit Cost Ma i ntenance Mowing 3 EACH Spot herbicide 3 EACH Site 11: Boudin Park Bioretention Basin [11,100 sq ft] Work Est . Qty Unit Unit Cost Amount Maintenance Mowing (side slopes) 3 EACH 6 100 .0° $' 5(X}. oc Hand Weeding 3 EACH ~r,'Joo.oo $ Goh co Spot herbicide 6 EACH j> I 50. 00 $''100 ,l'<.1 SUBTOTAL -$1,qoo.oo Site 12: Jeffers Bioretention Basin [9,050 sq ft] Work Est. Qty Unit Unit Cost Amount Maintenance Mowing 2 EACH $1 oo,00 $ :lnfJ u Spot herbicide 4 EACH $/5'o .oo :Ji C.rJO "~ SUBTOTAL $ -ttoo .ot:1 Site 13: Fish Point Park Buffer [30,400 sq ft] Work Est . Qty Unit Unit Cost Amount Maintenance Mowing 2 EACH oo Spot herbicide 4 EACH 00 SUBTOTAL , I I ·z.tfo . DO Years 2020 2020 SITE# 1 2 3 4 5 6 7 8 9 10 11 12 13 14 QUOTE FORM CONTRACTED BMP MAINTENANCE SERVICES Site 14: Boudin/Watersedge Pond Buffer [6,825 sq ft] Work Est . Qty Unit Unit Cost Amount Maintenance Mowing 1 EACH $/'-//), N ' /{ 140,0 t Spot herbicide 2 EACH ~ I z '(",oo g, 1-5"0 0 () SUBTOTAL $3qo,o o SITE QUOTE SUMMARY AND TOTAL QUOTE SITE NAME & AREA SITE QUOTE Watzl's Beach Shoreline Buffer [9,500 sq ft] 't> L '1~0 . oo Hickory Shores BMPs [31,600 sq ft] ) ~,S'~O, Clo Lakefront Park Bioretention Basin [12,225 sq ft] • I ,21), 0 0 ' Rotary Gateway Park Bioretention Basins [8,925 sq ft] c~ l.l.".211.,00 Thomas Ryan Memorial Park BMPs [81,075 sq ft] C ") i.J 2-1 5', ()0 Stonebriar Infiltration Basin [13,000 sq ft] c-I .' Jl . .JfL O() Library Bioretention Basin [3,300 sq ft] • ~ I , -i q O, ()() Northwood Meadows BMPs [58,100 sq ft] ~ ~ "2, • ,.~ 5': 0 t3 Cardinal Ridge Buffer [144,050 sq ft] . ) {,,, ~fn(J /'O Belmont Infiltration Basin [30,050 sq ft] C) J,+ZS-,OC Boudin Park Bioretention Basin [11,100 sq ft] 1; I; ~a1,oo Jeffers Bioretention Basin [9,050 sq ft] .,; > <;<'Q f1. b () Fish Point Park Buffer [30,400 sq ft] «r, 1,")..L/1),00 Boudin/Watersedge Pond Buffer [6,825 sq ft] ~~ 7,CI/J,~ TOTAL QUOTE S ~O , L/10,<'" Site maps are attached and list the area of each project site to the nearest 25 square feet . Contractor may verify the site area at any time . The Contractor will not be entitled to any compensation on any item other than those listed on this Quote Form. Contractor hereby confirms that this Quote shall be guaranteed by the Contractor for sixty (60) days from the date of quote opening to provide for sufficient time for analysis, City Council action, and contract execution. Authorized Signature f\o +c <:> : Thi 5 q <Ao k_ ~~s vt Y>'\.{,5 Th i"> q"'ok 1,-sk,~ ClSSlA Vl1.t <;, WO v k Ll ~.5 on 1 IAt-k ~" w,. Date: I0~/17 Standard Agreement for Contract Services This Agreement (“Agreement”) is made on the _____day of______________, 20____, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Applied Ecological Services, a Wisconsin Corporation (hereinafter "Contractor") whose business address is 21938 Mushtown Road, Prior Lake, MN 55372. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for 2018-2020 Contracted BMP Maintenance Services hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor’s proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of January 1, 2018. The Work shall be completed by December 31, 2020. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. Standard Agreement for Contract Services 2015.03 Page 2 of 8 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $27,899.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Contract, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor has designated Matt Lasch to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Standard Agreement for Contract Services 2015.03 Page 3 of 8 Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Prior Lake” as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a “per project” basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. Standard Agreement for Contract Services 2015.03 Page 4 of 8 k. It shall be Contractor’s responsibility to pay any retention or deductible for the coveraeges required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Standard Agreement for Contract Services 2015.03 Page 5 of 8 Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contr actor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 12. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Applied Ecological Services 21938 Mushtown Road Prior Lake, MN 55372 Standard Agreement for Contract Services 2015.03 Page 6 of 8 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: ATTN: Public Works Department City of Prior Lake 4646 Dakota Street SE Prior Lake, MN 55372 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Background Checks. The City shall have the right to perform or require to be performed criminal background checks on any employee, subcontractor or agent of the Contractor who will perform any aspect of the Work. The Contractor shall cooperate with the City in the performance of all such criminal background checks. 15. Removal. The City shall have the right, in its sole discretion, to require Contractor to remove from the Work any employee, subcontractor or agent whom the City determines is unsuitable for this Work. 16. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 17. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 18. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistanc e, Standard Agreement for Contract Services 2015.03 Page 7 of 8 disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 19. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 22. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 23. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 24. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediatio n shall be shared equally between the parties. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 26. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. Standard Agreement for Contract Services 2015.03 Page 8 of 8 27. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 28. 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. 29. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF PRIOR LAKE __________________________________ Mayor ___________________________________ City Manager APPLIED ECOLOGICAL SERVICES By: ________________________________ Its: _______________________________