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HomeMy WebLinkAboutItem 06.hNovember 14, 2013 Item No. APPROVE AGREEMENT WITH BLUE WATER SCIENCE FOR ENGINEERING SERVICES November 18, 2013 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Blue Water Science for Engineering Services. Passage of this motion will establish responsibilities and costs associated with conducting the City's lake management program. Overview Each year the City coordinates and manages a variety of water quality research and improvement projects to preserve and enhance the City's lakes. This year's projects Include; aquatic plant surveys, alum treatments on East Lake and Lee Lake, watershed pond sampling and invasive aquatic plant control. Blue Water Science's fee for services shall not exceed $48,600. The Lake Management Program is financed from the Utility Fund- Environmental Resources. Primary Issues to Consider + What is the purpose of the City's lake management program? The City's lake management program is intended to manage, promote and protect the City's natural resources including lakes, wetlands and streams. Supporting Information • A copy of the Agreement is attached f . McKenzie L. C-affergy Environmental Resources Manager Financial Impact: $ 48,600 Related Documents (CIP, ERP, etc.): Notes: Budgeted: Yes Source: Utility Fund — Env. Resources AGREEMENT FOR ENGINEERING SERVICES This Agreement is made this 18 day of November 2013, 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 2013. 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 throughout 2013 with final reports submitted by March 1, 2014. 3. FEES AND PAYMENT. The Consultant's fee for the Services shall be based on the hourly rates on Attachment B but shall not exceed $48,600. The fee is inclusive of all costs and taxes, if any including 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. 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 (ii 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. 7. INSURANCE. Prior to commencing work on the Contract, the Contractor shall furnish the City a certificate of insurance. The Contractor shall furnish and maintain during the project such public liability and property damage insurance as shall protect Contractor and any subcontractors performing work covered by the Contract from claims for damages by Workers Compensation Statute, and from claims for property damages or personal injury which may arise from operations under this Contract, whether such operations are by Contractor or by an subcontractor or anyone directly or indirectly employed by either of them and the amounts of insurance shall be as follows: General Liability (or in combination with an umbrella policy) $1,000,000 Each Occurrence $1,000,000 Personal & Advertising Injury Auto Liability $1,000,000 Combined Single Limit - Bodily Injury & Property Damage Owned Vehicles (if contractor has such vehicles) Hired & Non -Owned Workers Compensation Statutory Limits .p IVV, VVV Ea 11 P%ccldent $500,000 Policy Limit $100,000 Each Disease The Contractor's Insurance must be "Primary and Non - Contributory". All insurance policies (or riders) required by this Contract shall be (i) taken out by Contractor and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name Contractor as an insured party and City as an additional insured; (iii) shall be evidenced by a Certificate of Insurance satisfactory to the city listing City as an additional insured which shall be filed with the City. Contractor must provide the Contractor's insurance professional a copy of these supplemental conditions concerning insurance requirement. If Owner has any objection to the coverage afforded by or other provisions of the insurance maintained by Contractor on the basis of its not complying with the Contract Documents, Owner shall notify Contractor in writing thereof within fourteen days of the date of delivery of such certificates to Owner. Contractor shall provide Owner such additional information in respect of insurance provided as may reasonably be requested. 8. INDEMNIFICATION. The Contractor shall indemnify and save the City, its officers, affiliates and employees from any and all claims, suits, losses, damages or expenses on account of injuries or death of any or all persons, or property damages sustained and caused by an act, omission, neglect or misconduct of said Contractor. 9. 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 Page 2 Documents for any public purpose. The Consultant shall have the right, but shall not be obligated, to retain copies of all such materials. 10. 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. 11. 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 "uy teh8 City of Lakeviile to tiie CoriSUI exceeds the a1 - 11O iiit I. flee Consultant, the excess amount shall be returned to the City of Lakeville and the Consultant shall bear the expense of the audit. 12. 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. 13. 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. Notices to the City shall be in writing and shall be either hand delivered to the City Engineer, or mailed to the City by certified mail in care of the City Engineer at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044, 14. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Consultant's receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 15. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if they were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agree to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Consultant' officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and /or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 16. TERMINATION. This Agreement may be terminated by the City with or without cause by written notice to the Consultant Upon termination under this provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered until the effective date of termination, 14. ENTIRE AGREEMENT. This Agreement, including any attachments incorporated, constitutes the entire understanding between the City of Lakeville and the Consultant. Any modifications to 11113 Agl7 e1I Ici It JIIaH be III VVI ILII I slid signed by auulorlGCd rmpfteJ Iaativcj VI the parties CITY OF LAKEVILLE I By: Its: Mayor Date: By: its: City Clerk Date: STEVE MCCOMAS D /B /A BLUE WATER SCIENCE r By: r' €1/J�t /{ Its: Date: ? Page 4