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HomeMy WebLinkAboutItem 06.fDate: 2 April 2012 Item No. Proposed Action Staff recommends adoption of the following motion: Move to approve the 2012 Agreement for Engineering Services with Blue Water Science and its associated tasks. Overview Attached are the proposed lake projects for 2012 and a copy of the agreement. The lake projects for 2012 include aquatic plant surveys on Marion, Orchard, Valley, Lee and East Lakes. An early season aquatic plant survey will be conducted on the lakes to determine what type of exotic species control is needed in 2012. Barley straw will be used at Valley to control algae and, a possible iron treatment on Orchard Lake will be utilized to control Curlyleaf Pondweed. Fish surveys will also be conducted at Valley and East Lakes to evaluate the existing fish community and identify any potential adverse impacts that they are having to water quality. The data will also be used by the MN DNR for fish stocking efforts in the lakes. Blue Water Science's fee for services shall not exceed $47,900. All work proposed for 2012 is budgeted in the 2012 Surface Water Budget. City Staff recommends approval of the 2012 Agreement for Engineering Services with Blue Water Science and its associated tasks. Primary issues to Consider • How do the 2012 tasks compare to 2011? Blue Water Science will continue the annual monitoring of aquatic plants on the lakes. Tasks for 2012 will include the addition of fish surveys on Valley and East Lakes as well as early season assessments on Orchard and Marion Lakes for possible treatment of exotic species. Supporting Information • Proposed Work Plan for 2012. • Agreement for E gi i- -ering Services with Blue Water Science APPROVE AGREEMENT FOR ENGINEERING SERVICES WITH BLUE WATER SCIENCE FOR 2012 McKenzie ferty Environmental Resources Manager Financial Impact: $47,900 Budgeted: Yes Source: 2 012 utility Fund Env. Res. Related Documents (CIP, ERP, etc.): Notes: Lake Projects for 2012 - Work Plan Lakeville has an innovative lake management program designed to protect high quality water resources and to improve other water bodies. The use of both passive and active management programs has produced significant gains in protecting and enhancing water quality in City lakes. The 2012 program continues to build on past successes and implement new ideas as well. Valley Lake Projects for 2012 Projects Lake Projects In -Lake. Algae Control 1. Use barley straw for nuisance algae control Aquatic Plants 2. Aquatic plant management Education Program 5. Prepare educational materials /final report Monitoring Program 6. Continue monitoring program Total Description Barley straw is to be used in 2012 to improve water clarity. Add 400 pounds /ac for the 8 -acre Valley Lake (3,200 pounds total) in May, 2012. Cost includes purchase of barley, $2,700 shipping, and labor for barley installation. Conduct two aquatic plant surveys in Valley Lake using a point- intercept format. Collect 16 to 20 points per survey. Evaluate curlyleaf pondweed and Eurasian watermilfoil and native plant 'status in Valley Lake. Use surveys as a basis for possible aquatic plant treatments. ($650 /survey x 2 surveys). 3. Eurasian watermilfoil Tlf excessive growth of EWM occurs around the fishing pier, control project EWM will be cut and removed from Valley Lake. Staff will determine the need for a control project. 4. Fish survey Conduct a fish survey to characterize existing fish community structure and a possible impact on water quality. Set 4 trapnets for 3 days (2 nights) and prepare a fish management report. ( Review the results of water quality in Valley Lake, summarize aquatic plant surveys and treatments, and summarize barley straw results, and prepare a final report. (fish data will be included) Maintain current level of monitoring. Continue monitoring oxygen levels year round and participate in the CAMP monitoring. Costs BWS $1,3001 $400 $3,200 $1,9001 City $9,500 1 Orchard Lake Projects for 2012 Watershed Projects Nutrient reduction in IA nutrient reduction approach in the key subwatershed pond stormwater ponds in the "golf course" subwatershed was implemented by installing a pond aeration system. The pond will be monitored at two locations, before the aerated pond and within the aerated basin monthly through the summer at a minimum of five dates (May -Sept) and analyzed for TP, Chi, and iron. Lake Projects Projects 2. Early season curlyleaf pondweed assessment 3. Curlyleaf pondweed control for 2012 4. Native aquatic plant management 5. Long term curlyleaf pondweed control using one -time iron application Description Conduct an early season curlyleaf assessment to determine if there are areas of suspected heavy growth to be treated. Up to 25 acres of curlyleaf pondweed could be treated with herbicides. Based on the early season assessment. Plant surveys will be conducted to evaluate extent of native plant coverage and determine if programs are meeting 40% plant coverage goal. Conduct two modified point intercept j surveys consisting of a minimum of 40 points per survey in $3,800 2012 following the protocol of previous surveys. As part of these surveys, nuisance curlyleaf pondweed areas will be monitored and documented. ($1,900 per survey) iron additions to Orchard and Lee Lakes appear to control nuisance growth of curlyleaf pondweed. A curlyleaf assessment using scuba diving to evaluate curlyleaf stem I densities at four locations in Orchard Lake will be conducted to determine if the iron treatment has been successful. A total of 40 stem density measurements will be taken. Delineate a 3 -acre area to apply iron particles for control of f phosphorus sediment release. All aquatic plants will be monitored as well. Cost includes the cost of the iron particles. Public information and Education 6. Phosphorus control using iron particles 7. Prepare report to summarize 2012 activities Monitoring Program 8. Continue monitoring program Total We will prepare a summary report that will include an evaluation of lake water quality, evaluation of the pond aeration system, aquatic plant surveys, and the iron treatment results. The citizen monitoring program should continue while projects are in place to see if Orchard Lake responds in a positive or negative water quality manner. 2 BWS $2,000 $800 Costs City $2,100 $3,600 $3,00 City $15,300 Lee Lake Projects for 2012 Projects Watershed Projects 1. Storm Pond Evaluation Lake Projects 2. Curlyleaf pondweed control /nutrient reduction test 3. Aquatic plant surveys Public Information and 4. Year end summary report onitoring Program 5. Continue monitoring program Total Pond P3000 is a key pond for nutrient loading to Lee Lake. P3000 will be sampled monthly from May - September and analyzed for TP and chlorophyll. rWe will evaluate the impact that the 2004 iron treatment had on the curlyleaf population in Lee Lake using scuba diving to assess curlyleaf stem densities. A total of 40 stem density measurements will be taken. Conduct early summer and late summer aquatic plant surveys using a modified point intercept method. A minimum of 25 points per survey will be taken. The 'objectives are to assess changes in vegetation after the 2009 alum treatment and characterize the growth of curlyleaf pondweed and filamentous algae. ($900 per survey) Education Description Prepare a summary report that will include an evaluation of the key stormwater pond, the lake water quality, the status of the alum treatment, the aquatic plant status, and the iron treatment results. Maintain current level of monitoring. Continue monitoring oxygen levels year round and participate in the CAMP monitoring. 3 Costs BWS $600 $1,700 $1,800 $2,800 City $6,900 Lake Marion Projects for 2012. Projects Watershed Projects 1. Critical pond and cove sampling and evaluation Lake Projects 2. Early season curlyleaf pondweed assessment 3. Curlyleaf pondweed control for 2012 4. Aquatic plant surveys 5. Aquatic plant control around fishing pier Monitoring Program 6. Continue monitoring program Description Kensington Pond is a key pond in the Lake Marion watershed. Water samples will be collected monthly from May - September (5 times) and analyzed for TP and chlorophyll. Conduct an early season curlyleaf assessment to determine if there are areas of suspected heavy growth to be treated. Up to 25 acres of curlyleaf pondweed could be treated with herbicides. Based on an early season assessment, that would be delineate potential heavy growth. Aquatic plants are critical to sustaining good water quality in Lake Marion. Continue plant surveys to evaluate extent of native plant coverage and evaluate status of non - native plants, especially curlyleaf pondweed and Eurasian watermilfoil. Two modified point intercept surveys will be conducted, one in May and one in September with each sampling a minimum of 90 points. Each survey will follow the protocol of previous surveys. Reporting from these surveys is part of the public information and education for Lake Marion. ($2,400 per survey) Conduct aquatic plant removal around fishing pier in Antlers, Casperson and Kenrick Docks, if needed. Maintain current level of monitoring. Continue monitoring oxygen levels year round and participate in the CAMP monitoring. B Costs S ..................... . - -- $600 $800 City $4,800 Not to exceed $1,500' City Total $7,700 4 East Lake Projects for 2012 Projects Watershed Projects Lake Projects 2. Aquatic plant survey 3. Fish management program 4. Preparation of a year- end summary report Monitoring Program 5. Continue monitoring program Total Description 1. Watershed monitoring A key stormwater pond at 165 Street that drains areas from Lakeville will be monitored in 2012. A nutrient monitoring report will be produced that incorporates results of the pond sampling as well as results from the Apple Valley stormwater monitoring areas that drain to East Community Park. Conduct two modified point plant surveys to evaluate extent of native plant coverage and evaluate status of non - native plants, if present. A minimum of 30 points will be sampled ($1,400 per survey) Conduct shoreline seining to evaluate the fish community and prepare a short -term and long -term fish management report. Summarize all watershed and lake data. Review lake status in terms of nutrient criteria and evaluate lake projects to improve water quality to best practical conditions. Integrate findings from the other projects and produce a management report. Includes time to insure fish stocking compatibility with Vermillion River species. Participate in the CAMP monitoring program. Costs B $1,800 $2,800 $1,300 $2,600 City Cost Summary Valley Lake: $9,500 Orchard Lake: $15,300 Lee Lake: $6,900 Lake Marion: $7,700 East Lake: $8,500 Total: $47,900 5 AGREEMENT FOR ENGINEERING SERVICES This Agreement is made this day of , 2012, by the CITY OF LAKEVILLE, Minnesota, and Steve McComas d /b /a /BLUE WATER SCIENCE (the "Consultant "), 1. SCOPE OF SERVICE AND AUTHORIZATION. The City of Lakeville retains the Consultant to provide scientific services as described in Attachment A: Blue Water Science Project List for City of Lakeville Lakes for 2012. The Services shall be commenced immediately upon receipt of written notice to proceed from the City of Lakeville. 2. PERIOD OF PERFORMANCE. Field work will occur from May through November 2012 with final reports submitted by March 1, 2013. 3. FEES AND PAYMENT. The Consultant's fee for the Services shall be based on its standard hourly rates but shall not exceed $47,900. This includes non - salary expenses such as barley straw costs, landscaping plants, and educational materials that will be printed. Payment shall be due within 30 days after completion of the Services, as determined by the City of Lakeville, 4. PROFESSIONAL RESPONSIBILITY. The Consultant shall perform the Services consistent with that level of care ordinarily exercised by members of its profession practicing under similar conditions. 5. CITY OF LAKEVILLE RESPONSIBILITY. At the Consultant's reasonable request, the City of Lakeville shall provide to the Consultant all reports, data, studies, plans, specifications, documents, and other information in its possession which are relevant to the Services. The Consultant shall be responsible only for the accuracy of the data, interpretations or recommendations generated or made by others, which are based, in whole or in part, on the Consultant's data, interpretations or recommendations. 6. INDEMNIFICATION. (a) The Consultant shall indemnify, defend and hold harmless the City of Lakeville and its officers, employees, agents, and successors, from and against any and all losses, damages, claims, liabilities, costs, and expenses, including legal fees and costs of investigation, resulting from or arising out of (1) a material breach by the Consultant of any term or provision of this Agreement, or (ii) any negligent act or omission or intentional misconduct of the Consultant in the performance of this Agreement or the Services. (b) Subject to the limitations, immunities and defenses in Minnesota Statutes chapter 466, the City of Lakeville agrees to indemnify, defend and hold harmless the Consultant and its officers, employees, agents, and successors, from and against any and all losses, damages, claims, liabilities, costs, and expenses, including legal fees and costs of investigation, resulting from or arising out of any negligent or wrongful act or omission of the City of Lakeville, its officers, directors, or employees. 7. INSURANCE. The Consultant shall maintain during the performance of the Services (a) statutory workers' compensation insurance, and (b) commercial general liability and automobile liability insurance with a combined single limit of at least $500,000. Certificates of insurance evidencing such coverages shall be provided upon request. The certificates shall state that the City of Lakeville will be notified in writing 30 days before cancellation, material change, or renewal of the insurance. 8. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. The Consultant's notes, reports, data, studies, drawings, plans, specifications, documents, tests, and other information arising from the Services performed by the Consultant (collectively, the "Documents") are and shall become the property of the City of Lakeville, except where by law or precedent these documents become public property. The City of Lakeville shall have the full right to use such Documents for any public purpose. The Consultant shall have the right, but shall not be obligated, to retain copies of all such materials. 9. RELATIONSHIP OF PARTIES. The Consultant shall be an independent contractor in performing the Services and shall not act as an agent or an employee of the City of Lakeville. The Consultant shall be solely responsible for its employees, subcontractors, and agents and for their compensation, benefits, contributions, insurance and taxes, if any. The Consultant shall not have any right or authority to make any representations or to assume or create any obligation, expressed or implied, on behalf of the City of Lakeville. 10. AUDIT. All documents and records relating to this Agreement shall be available for inspection by the City of Lakeville. The City of Lakeville may audit all records of the Consultant relating to the costs, expenses and Services performed. If the audit shows that the payment by the City of Lakeville to the Consultant exceeds the amount due the Consultant, the excess amount shall be returned to the City of Lakeville and the Consultant shall bear the expense of the audit. 11. GOVERNING LAW AND ATTORNEY'S FEES. This Agreement is governed by and shall be construed according to the laws of Minnesota. In any action arising from the performance of the Services or breach of this Agreement, the prevailing party shall receive, in addition to other compensation awarded, its reasonable costs and attorneys' fees. 12. NOTICES.. All notices and communications to the Consultant under this Agreement shall be to 550 South Snelling Avenue, St. Paul, MN 55116. Verbal communications shall be confirmed in writing. 13. ENTIRE AGREEMENT. This Agreement, including any attachments incorporated, constitutes the entire understanding between the City of Lakeville and the Consultant. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties. Page 2 CITY OF LAKEVILLE STEVE MCCOMAS DIBIA BLUE WATER SCIENCE By: By: Its: Mayor its: Date: Date: By: Its: City Clerk Date: Page 3