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4.8 SR 03-21-2022Request for Action To Item Number Ma Tor and CinT Council 4.8 Agenda Section Meeting Date Prepared by Consent March 21, 2022 Brandon Wisner, Engineering Project Manager Item Description Reviewed by Professional Services Contract with Blondo Amanda Erickson, Environmental Coordinator Consulting, LLC Reviewed by Cal Portner, Ci r Administrator Action Requested Adopt, byT motion, professional services contract with Blondo Consulting, LLC in the amount of $32,886.77. Background/Discussion The cit�T partnered �uith Friends of the Mississippi River and the Sherburne Count�T Soil and Water Conservation District to restore eroded riverbank sites at the William H. Houlton Conservation Area just belo`v the Lake Orono Dam, and at Bailey Point Nature Preserve. These areas `vere identified for historical significance which requires additional permitting from the Minnesota State Historic Preservation Office. To ensure compliance, �ve requested proposals from t�vo firms. Blondo Consulting, LLC was the onlyr firm that aligned with the pYoject schedule and need. Financial Impact The iVlississippi River is a regulated impaired water�vay for Total Suspended Solids (TSS) because of soil erosion and material depositing into it The cit�r is required to make improvements as part of our state municipal stormwater permit. Our partner agencies will assist with some funding for this project and the stormwater budget �vill cover the remaining amount. Mission/Policy/Goal Meet changing needs - Agile Attachments ■ Blondo Consulting, LLC Proposal The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Up�iited.• August 2020 BLONDQ � C4NSULT=NCs LLC. March I 5, 2022 Ms. Amanda Erickson Environmental Coordinator Mr. Brandon Wisner Stormwater Coordinator City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Scope of Work and Fee Proposal: Additional Phase I Archaeological Reconnaissance Survey for Proposed Elk River Restoration Project — Bailey Point Park and Houlton Dam Site, Elk River, Sherburne County, Minnesota Dear Amanda and Brandon, In response to your request, Blondo Consulting, LLC (Blondo Consulting) has prepared the following Scope of Work and Fee Proposal for work completed beyond the initial December 2021 contract for Phase I Archaeological Reconnaissance Survey for the Proposed Elk River Restoration Project at Bailey Point Park and Houlton Dam Site in Elk River, Sherburne County, Minnesota. The Scope of Work and Fee Proposal below divides work to date and remaining work between Bailey Point and Houlton Dam and includes survey tasks. SCOPE OF WORK Under the original December 2021 contract, Blondo Consulting initiated a Phase I Archaeological Survey of the proposed project areas. Due to the onset of winter conditions, field survey methods were adjusted to accommodate snow cover and frozen ground. Subsurface testing at Bailey Point has continued with increased time to thaw soils prior to excavation and screening. At Houlton Dam, snow cover created a challenge in mapping depressions and foundations visible on the surface. The following cost estimates include work done to date outside of the original contract and remaining work to be completed this winter. Consultation and coordination has been completed in a series of ineetings with the City, stakeholders, and agencies to discuss ongoing project results and recommendations for management and treatment of archaeological resources identified by the survey. COST ESTIMATE The following cost estimates are offered as Hourly Plus Expenses. The cost estimates are based on the following assumptions: ( I) fieldwork will take place after the onset of ground freezing and adverse winter field conditions; (2) APE will be staked or otherwise clearly marked in the field; (3) Blondo Consulting will have access to the project area, public and private property; (4) artifacts recovered will not exceed I 00; (5) no geophysical or deep testing will occur; and (6) no human remains will be encountered. Should additional work be required, a separate scope of work and cost estimate will be completed and may be considered an addendum to this contract. Bailey Point and Houlton Dam Additional Bud et* Labor Description Cost Estimate Task I. Survey $9,943.75 Task 2. Arti facts $ I 75.00 Task 3. Report $ I I,287.50 Task 4. Meetings $4,875.00 Total Estimated Labor $26,281.25 Ex enses (mileage, equipment, etc) $1,018.52 Total Estimated Ex enses $1,018.52 Total Cost Estimat $27,299.77 *This reflects the additional budget agreed upon per the email correspondence from Amanda Erickson on 03/ I I/2022. The following tables reflect the total invoiced and total remaining budget as of March I 0, 202 I. Bailey Point and Houlton Dam Budget to Actual** Task Original Budget Additional TOTAL ACTUAL Budget to Bud et BUDGET SPENT Actual Task I. Survey $2,100.00 $9,943J5 $ I 2,043J5 $( I 2,043J5) $0.00 Task 2. Artifacts $875.00 $175.00 $ I ,050.00 $(50.00) $ I ,000.00 Task 3. Report $2,000.00 $ I I,287.50 $ I 3,287.50 $(8,687.50) $4,600.00 Task 4. Meetings $500.00 $4,875.00 $5,375.00 $(4,975.00) $400.00 Task 5. Mapping $0.00 $0.00 $0.00 $(0.00) $0.00 TOTAL LABOR $5,475.00 $26,28 I .25 $3 I ,756.25 $(25,756.25) $6,000.00 Expenses $ I I 2.00 $ I,018.52 $ I, I 30.52 $(930.52) $200.00 PROJECT TOTAL $5,587.00 $27,299.77 $32,886.77 $(26,686.77) $6,200.00 ** Remainder in Budget ($6,200) will cover work to be completed through SHPO submittal and review. A signed and returned copy of this proposal will serve as our authorization to proceed. Work will be completed under a contract between The City of Elk River and Blondo Consulting. Fees estimated in this proposal are based on our assumptions that you will authorize this work by April I 5, 2022. Please let rreknow if you have any questions or comments regarding this proposal. Sincerely, Steven J. Blondo MA Blondo Consulting, LLC BLONDO CONSULTING, LLC SERVICES AGREEMENT This Services Agreement ("Agreement") is made as of the 3 day of March, 2022 between Blondo Consulting, LLC (the "Company"), and the City of Elk River (the "Client"). The parties agree as follows: I. SERVICES. Upon the terms and subject to the conditions set forth in this Agreement, Blondo Consulting shall provide cultural resources consulting to the Client, the specific scope and nature of which are set forth in the attached Letter Proposal, which is incorporated in to this Agreement by reference (the "Services"). The Client agrees to answer questions and/or supply Blondo Consulting with information and materials that are reasonably necessary or advisable to properly perform the Services. In the event that the scope and/or nature of the Services changes during such time as this Agreement is in effect, with the Client's approval, Blondo Consulting will undertake the performance of the additional and/or modified Services at Blondo Consulting's standard hourly rate(s) and this Agreement shall govern such Services, unless the parties agree to alternate terms by separate written agreement signed by them both. 2. PAYMENT. In consideration of the Services, the Client agrees to pay Blondo Consulting according to specific terms set forth in the Letter Proposal. Unless the Letter Proposal states otherwise, Blondo Consulting will prepare and submit to the Client a monthly invoice showing the amounts due under the terms of this Agreement. The Client agrees to pay each invoice within 30 days of receipt. If the Client fails to remit payment in full within 30 days, Blondo Consulting reserves the right to charge interest on the outstanding amount at the rate of no less than I.25% and no more than the highest, non- usurious rate permitted by law. In addition, upon seven days written notice to the Client, Blondo Consulting may, without liability, suspend services under this Agreement until all invoices have been paid in full. Payments will be credited first to interest and then to principal. The Client will pay Blondo Consulting on an hourly basis at the applicable rates as set forth in the Letter Proposal. Alternatively, Blondo Consulting may agree to undertake work on a flat-fee basis, and shall pay the portion of the flat-fee due upon the intervals set forth in the Letter Proposal. In addition to the payment of fees for services, the Client agrees to reimburse Blondo Consulting for all non-ordinary, out- of-pocket expenses incurred by Blondo Consulting or its affiliates in connection with the Services rendered by them hereunder, provided, however, that the non-ordinary, out-of-pocket expenses are pre-approved by the Client before Blondo Consulting incurs them. 3. TERMINATION AND SUSPENSION. Either party may terminate this Agreement upon providing written notice to the other party of that party's default under this Agreement and the breaching party's failure to cure such default within 30 days of such notice. Blondo Consulting may, without liability, terminate this Agreement upon seven days written notice if (a) Blondo Consulting, in its reasonable discretion, believes that the Client has requested Blondo Consulting to furnish or perform services contrary to Blondo Consulting's responsibilities as a licensed professional or (b) the Services are delayed or suspended for more than 90 days for reasons beyond Blondo Consulting's control. The Client may terminate this Agreement for convenience, upon 30 days written notice to Blondo Consulting. The parties acknowledge that the Services required by this Agreement do not include any services related to a Hazardous Environmental Condition, which includes the presence of asbestos, PCB's, petroleum, hazardous substances or waste, and radioactive materials. If a Hazardous Environmental Condition becomes present at the work site where the Services are to be performed, Blondo Consulting may, without liability, suspend performance of the Services on the portion of the project affected thereby until Client: (i) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. 4. CONFIDENTIALITY. Each party acknowledges that in connection with this Agreement it may receive confidential or proprietary information of the other party. Each party shall hold such confidential or proprietary information in strict confidence and shall not disclose it to any third party other than as expressly authorized by the disclosing party or as required to perform its obligations under this Agreement. Information in the public domain through no fault of the receiving party shall not be considered confidential for purposes of this Agreement. The parties expressly acknowledge and agree that Blondo Consulting may disclose and otherwise promote the fact of Blondo Consulting's relationship with the Client and information about the nature of the Services performed under this Agreement. 5. NON-SOLICITATION. During the term of this Agreement and for a period of one ( I) years thereafter, Client shall not hire or otherwise solicit the services of any subcontractor of Blondo Consulting, without Blondo Consulting's express prior written consent. In the event that Client wishes to engage the services of such subcontractor while this restrictive covenant is in effect, Client may do so by contacting Blondo Consulting and negotiating a buyout of the subcontractor's services from Blondo Consulting. 6. INTELLECTUAL PROPERTY. Materials that contain the Client's data that Blondo Consulting has obtained or generated as part of the Services shall be the Client's exclusive property. Proprietary processes and constructs developed or created by Blondo Consulting in connection with the Services, including design documents prepared for the Client or furnished to the Client by Blondo Consulting, shall be Blondo Consulting's exclusive property. Blondo Consulting hereby grants the Client an unlimited and perpetual license to use such proprietary processes and constructs. 7. REPRESENTATIONS AND WARRANTIES. Blondo Consulting shall use the standard of care and skill ordinarily used by members of the professional archaeological and related services industry practicing under similar circumstances at the same time and in the same locality as the Services subject to this Agreement. Other than as expressly represented in this Agreement, Blondo Consulting makes no warranties and explicitly disclaims warranties of any kind, whether express or implied, under this Agreement or otherwise, in connection with the Services. Client grants to Blondo Consulting, and, if the project site is not owned by Client, warrants that permission has been granted for, a right of entry from time to time by Blondo Consulting, its employees, agents and subcontractors, upon the project sitefor the purpose of providing the Services. 8. LIABILITY. Blondo Consulting is not liable for any cost, damage, expense, or loss of Client or any other person or entity arising or resulting, directly or indirectly, from the failure of Blondo Consulting to perform any of the Services described hereunder or the misperformance of any such Services, except to the extent such failure to perform or such misperformance is the result of Blondo Consulting's willful misconduct or gross negligence, in which event Blondo Consulting's liability shall not exceed its fee for such Services hereunder for the period in question. 9. INDEMNIFICATION. Each party agrees to indemnify and hold harmless the other party from any and all damages, liabilities, costs, losses, or expenses arising out of any claim, demand, or action by a third party arising out of any breach of the indemnifying party's responsibilities, obligations, representations or warranties under this Agreement. Client specifically acknowledges that the use of investigative equipment and practices may unavoidably alter the existing site conditions and affect the environment in the area being studied, despite, the use of reasonable care and, Client shall indemnify and hold Blondo Consulting harmless from claims of any kind and nature related to the alteration of the project site by Blondo Consulting during the provisions of the Services. Each party hereby waives against the other party, including that party's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for entitled to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. Blondo Consulting's total liability to client under this Agreement shall be limited to the total amount of compensation received by Blondo Consulting under this Agreement. 10. RELATIONSHIP. Blondo Consulting is an independent contractor of the Client. This Agreement does not create an employment, agency, partnership, or joint venture relationship as between the parties. In performing the Services set forth in this Agreement, Blondo Consulting will have neither express nor implied power to execute agreements on the Client's behalf or in any manner bind the Client as to any matter not within the scope of this Agreement. I I. EXCLUSIVITY. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. The Client is free to engage, and Blondo Consulting is free to offer and to perform, services of the same or similar nature to the Services under this Agreement. 12. NOTICES. All notices provided for in this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, via email, facsimile, or US mail return receipt requested and postage prepaid. Any party may change the address to which notices hereunder are to be sent to it by giving written notice of such change of address in the manner herein provided for giving notice. Any notice delivered personally, via email or facsimile shall be deemed to have been given on the date it is so delivered, and any notice delivered by US mail shall be deemed to have been duly given three business days after it is sent to the intended recipient at the address set forth above. I 3. APPLICABLE LAW. This agreement shall be construed in accordance with and governed by the laws of the State of Minnesota without regard to the conflict of law provisions thereof. 14. MISCELLANEOUS. (a) No Waiver. A failure of any party to insist in any instance upon the strict and punctual performance of any provision of this Agreement shall not constitute a continuing waiver of such provision. (b) Severabilitv. If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unaffected thereby and shall remain binding and in full force and effect. (c) Amendment. This Agreement may be amended or modified only by a written instrument signed by each of the parties hereto. (d) Survival. All rights and obligations of the parties to this Agreement, other than the obligation to perform and/or purchase Services, shall survive expiration or termination of this Agreement. (e) Assignment. The Client may not assign, encumber, or transfer its rights or obligations under this Agreement without Blondo Consulting's written consent. (� Force Majeure. Neither party shall be considered in breach of this Agreement if the party is unable to perform hereunder due to fire, natural disaster, labor dispute, act of God or any other event beyond the party's control. (g) Captions. The numbering and captions in this Agreement are for convenience and reference only. (h) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and understandings, either or oral or written with respect thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. City of Elk River BLONDO CONSULTING LLC BY: BY: Steven Blondo, President