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Home My WebLink About5.C.3. Maintenance Agreement for the Swamp Lake Wetland Mitigation Site S C. 3. CITY OF SHAKOPEE Memorandum ~ ; , TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Work Director SUBJECT: Consider Executing a Maintenance Agreement for the Swamp Lake Wetland Mitigation Site DATE: May 5, 2008 INTRODUCTION: The purpose of this agenda item is to accept a quote for a maintenance agreement of the Swamp Lake Wetland Mitigation site. BACKGROUND: In 2007, the City partnered with Scott County to create a wetland mitigation site for wetlands filled as part of the Pike Lake Road and County Road 21 projects. The site needs to be maintained over the next three years to establish wetland vegetation. WSB & Associates obtained three quotes to perform this work. The three quotes ranged from $45,847.00 to $47,680.00. Based on experience, past performance and anticipated quantity adjustments, WSB & Associates is recommending we award to the second low bidder, Applied Ecological Services, Inc. with a bid of $46,406.12. The City's cost is estimated to be 30% of the project costs and Scott County will pay 70%. Once the final acreages of usage have been determined, adjustments to the overall project costs will be done. Scott County staff agrees with awarding to Applied Ecological Services, Inc. The City's portion of this project will be funded by the Storm Sewer Fund. ALTERNATIVES: 1. Approve a motion accepting the quote from Applied Ecological Services, Inc. in the amount of $46,406.12 for maintenance on the Swamp Lake Mitigation site. 2. Accept a quote from a different bidder. 3. Do not accept the quotes for this project 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Approve a motion accepting the quote from Applied Ecological Services, Inc. in the amount of $46,406.12 for maintenance on the Swamp Lake Mitigation site. ~7~'1 Bruce Loney, P.E Public Works Director BL/pmp ENGR/2008-PROJECTS/2008-COUNCII./QUOTE-SWAMP-LAKE Y. 11~~1 Applied Ecological Services,lnc. - - ~ Contracting Division Ph: 952-447-1919 21938 Mushtown Raad Fax: 952-447-1920 ®`..t? ' . fi Prior Lake, MN 55372 www.apptiedeco.com ~~Y Bringing the science ofecology to all land-use decisions. ` `r _ _ ~ ~'i"op4i~~~ontr~i ~ P4ansPrEpared Bp: l~B~& Associates Inc. February 14, 2008 Andrea Moffett WSB & Associates, inc. 701 Xenia Ave South Suite 300 Minneapolis, MN 55416 RE: Swamp Lake Mitigation (AES#08-0103) Thank you for the opportunity to submit a proposal for this work. Item Qty Unit Unit Cost Total Cost Site Prep Herbicide 3 trip $ 2,151.00 $ 6,453.00 Disking i trip $ 1,145.65 $ 1,145.65 Mowing 1 trip $ 814.00 $ 814.00 Burn 1 trip $ 2,669.00 $ 2,669.00 Seeding Wetland 14.60 ac $ 1,141.00 $ 16,658.60 Upland 6.23 ac $ 469.00 $ 2,921.87 Straw Mulch-certified type 3 10.00 ac $ 412.00 $ 4,120.00 Maintenance Year 1 Mowing 2 trip $ 838.00 $ 1,676.00 Spot Herbicide 1 trip $ .2,120.00 $ 2,120.00 Year 2 Mowing 1 .trip $ 838.00 $ 838.00 Spot Herbicide 2 trip $ 2,120.00 $ 4,240.00 Year 3 Burn 1 Is $ 2,750.00 $ 2,750.00 TOTAL $ 46,406.12 08-0103 Estimate 2.8-OS CR.xls Applied Ecological Services, inc. 1 of 3 , Notes: • This quote is valid r 60 days. • Client is not obligated r payment for tasks determined not to be necessary by AES and WSB. • Applied Ecological Servic provides a one year guarantee on materials and workmanship. Materials used in our work are of a quality equal to or exceed) any industry standards that may be appropriate. Workmanship will be completed by trained employees or contract workers ing appropriate equipment and methods. No specific performance criteria are to be met after installation is completed. • Because prescribed burning is a tural process subject to fuel loads, weather conditions, moisture, and winds, AES cannot guarantee any portion or parcel will b n completely or even partially. These same factors affect the length of time to conduct a burn. It is important to note that a urn may be successful from an ecological standpoint white appearing spotty and incomplete. AES charges for times tan site regardless of apparent success of a prescribed burn. By signing this agreement, the client waives all rights to ithhold or deduct payments based on area burned, remaining standing biomass, or any basis other than time spent by AES per nnel on site. • AES is a non-union shop therefore prevailin wage rates have NOT been included in the above price. • Watering as necessary after plant, seed, sh b or tree installation is the sole responsibility of the owner unless otherwise noted. Fees: • Fees for all tasks and services are based on the un cost and/or lump sum prices as set forth above. All rates are current for six months from the date of the signed agreement. • Fees are payable 30 days from the date of the invoic A service charge of one and one-half percent (1 ~/z%) of the invoice amount (18% annual rate) will be applied to (ate payment .All payments should be sent to: Applied Ecological Services, fnc, PO Box 256, Brodhead, WI 53520 Attn: Accounts Receiva le. • Neither the contractor nor his subcontractors or agents sha be jointly or individually liable to the client or owner in excess of the compensation to be paid pursuant to this agreement or 0,000, whichever is greater, by any act of omission, including breach of contract or negligence not amounting to willful or inters 'onal wrong. • Either party may terminate this agreement upon 30 days written otice by certified mail, return receipt requested, addressed to the other party. If this agreement is terminated by either party, th Client shall only be liable for payment of consulting fees as earned as a result of work performed prior to the date of the rec ' t of notice by mail as indicated by the U.S. Post Office receipt for delivery of certified mail. We look forward to working with you on this project. Please dicate your acceptance by signing below and returning a copy to us {via mail, email, or fax). Afully-executed copy ill then be returned to you. Thank you! Sincerely, Chris Raebel MN Contracting Branch Manager APPLIED ECOLOGICAL SERVICES, INC. RE: Swamp ake Mitigation (AES#08-0103) 08-0103 Estimate 2-8-08 CR.xIs Applied Ecological Services, Inc. 2 of 3 Notes: • This quote is valid for 60 days. • Client is not obligated for payment for tasks determined not to be necessary by AES and WSB. • Applied Ecological Services provides a one year guarantee on materials and workmanship. Materials used in our work are of a quality equal to or exceedittg any industry standards that may be appropriate. Workmanship will be completed by trained employees or contract workers using appropriate equipment and methods. No specific performance criteria are to be met after instaAation is completed. • Because prescribed burning is a natural process subject to fuel loads, weather conditions, moisture, and winds, AES cannot guarantee any portion or parcel will burn completely or even partially. These same factors affect the length of time to conduct a burn. It is important to note that a burn may be successful from an ecological standpoint while appearing spotty and incomplete. AES charges for time spent on site regardless of apparent success of a prescribed burn. By signing this agreement, the client waives alt rights to withhold or deduct payments based on area burned, remaining standing biomass, or any basis other than time spent by AES personnel on site. • AES is a non-union shop therefore prevailing wage rates have NOT been included in the above price. • Watering as necessary after plant, seed, shrub or tree installation is the sole responsibility of the owner unless otherwise noted. Fees: - Fees for all tasks and services are based on the unit cost and/or lump sum prices as set forth above. All rates are current for six months from the date of the signed agreement. • Fees are payable 30 days from the date of the invoice. A service charge of one and one-half percent (1~/z%} of the invoice amount (18% annual rate} will be applied to late payments. All payments should be sent to: Applied Ecological Services, Inc, PO Box 256, Brodhead, WI 53520 Attn: Accounts Receivable. • Neither the contractor nor his subcontractors or agents shall be jointly or individually liable to the client or owner in excess of the compensation to be paid pursuant to this agreement or $50,000, whichever is greater, by any act of omission, including breach of contract or negligence not amounting to willful or intentional wrong. • Either party may terminate this agreement upon 30 days written notice by certified mail, return receipt requested, addressed to the other party. If this agreement is terminated by either party, the Client shall only be liable for payment of consulting fees as earned as a result of work performed prior to the date of the receipt of notice by mail as indicated by the U.S. Post Office receipt for delivery of certified mail. We look forward to working with you on this project. Please indicate your acceptance by signing below and returning a copy to us (via mail, email, or fax). Afully-executed copy will then be returned to you. Thank you! Sincere3y, Chris Raebet MN Contracting Branch Manager APPLIED ECOLOGICAL SERVICES, ING. RE: Swamp Lake Mitigation (AES#08-0103) 08-0103 Estimate 2-8-08 CR.xls Applied Ecological Services, lnc. 2 of 3 r CLIENT APPROVAL APPLIED ECOLOGICAL SERVICES DATE: DATE: Signature of Authorized Agent: Signature of Authorized Agent: Print Name of Authorized Agent Print Name of Authorized Agent February 14, 2008 Andrea Moffett WSB & Associates, Inc. Billing Address 701 Xenia Ave South Suite 300 Minneapolis, MN 55416 Phone Number RE: Swamp Lake Mitigation (AES#08-0103) Fax Number 08-0103 Estimate 2-8-08 CR.xls Applied Ecological Services, Inc. 3 of 3