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HomeMy WebLinkAboutItem 06.sApril 1, 2015 Item No. AGREEMENT WITH BLUE WATER SCIENCE FOR PROFESSIONAL SERVICES April 6, 2015 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Blue Water Science for Professional 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, fish surveys, alum/iron treatment on Valley Lake, beach surveys, watershed pond sampling and invasive aquatic plant control. 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 high quality and improve the City's natural resources including lakes, wetlands and streams. Supporting Information • Agreement (see attached) McKenzie L. Ca ty Environmental Res urces Manager Financial Impact: $64,400 Budgeted: Yes Source: Utility Fund - Env. Resources Related Documents (CIP, ERP, etc.): Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT dated this 6th day of April 2015, by and between the CITY OF LAKEVILLE ("Lakeville") and STEVE McCOMAS d/b/a/ BLUE WATER SCIENCE ("Consultant"). 1. SCOPE OF SERVICE AND AUTHORIZATION. Lakeville retains the Consultant to provide scientific services as described in Exhibit A "Lake Projects for 2015 — Work Plan". The services shall be commenced immediately upon receipt of written notice to proceed from Lakeville. 2. PERIOD OF PERFORMANCE. Field work will occur throughout 2015 with final reports submitted by March 1, 2016. 3. FEES AND PAYMENT. The Consultant's fee for the services shall be based on a hourly basis in accordance with Exhibit A attached hereto with a maximum not to exceed cost of $64,400, inclusive of taxes and expenses, including non -salary expenses such as barley straw costs, landscaping plants, and educational materials that will be printed. Payment shall be due within 35 days after completion of the services, as determined by 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. LAKEVILLE RESPONSIBILITY. At the Consultant's reasonable request, 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 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 (i) 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 Agreement, the Consultant shall furnish Lakeville a certificate of insurance. The Consultant shall furnish and maintain during the services such public liability and property damage insurance as shall protect Consultant and any subcontractors performing work covered by the Agreement from claims for damages by Workers Compensation Statute, and from claims for property damages or personal injury which may arise from operations under this Agreement, whether such operations are by Consultant 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 $100,000 Each Accident $500,000 Policy Limit $100,000 Each Disease The Consultant's insurance must be "Primary and Non -Contributory". All insurance policies (or riders) required by this Agreement shall be (i) taken out by Consultant 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 Consultant as an insured party and Lakeville as an additional insured; (iii) shall be evidenced by a Certificate of Insurance satisfactory to Lakeville listing Lakeville as an additional insured which shall be filed with Lakeville. Consultant must provide the Consultant's insurance professional a copy of these supplemental conditions concerning insurance requirement. If Lakeville has any objection to the coverage afforded by or other provisions of the insurance maintained by Consultant on the basis of its not complying with the Agreement, Lakeville shall notify Consultant in writing thereof within fourteen days of the date of delivery of such certificates to Lakeville. Consultant shall provide Lakeville such additional information in respect of insurance provided as may reasonably be requested. 8. INDEMNIFICATION. The Consultant shall indemnify and save Lakeville, 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 Consultant. 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 Lakeville, except where by law or precedent these documents become public property. 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. Page 2 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 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 Lakeville. 11. AUDIT. All documents and records relating to this Agreement shall be available for inspection by Lakeville. Lakeville may audit all records of the Consultant relating to the costs, expenses and services performed. If the audit shows that the payment by Lakeville to the Consultant exceeds the amount due the Consultant, the excess amount shall be returned to 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. 1.3. 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 Lakeville shall be in writing and shall be either hand delivered to the City Engineer, or mailed to Lakeville 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 Lakeville. 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 Lakeville. 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 Lakeville 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 Lakeville. Lakeville 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 Lakeville, 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 tennination of this Agreement. Page 3 16. TERMINATION. This Agreement may be terminated by Lakeville 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. 17. ENTIRE AGREEMENT. This Agreement, including any attachments incorporated, constitutes the entire understanding between Lakeville and the Consultant. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties. CITY OF LAKEVILLE By Matt Little Mayor By Charlene Friedges City Clerk Date STEVE McCOMAS D/B/A BLUE WATER SCIENCE Byf I� J Its Owner Date April 2, 2015 Page 4 Lake Projects for 2015 - 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 2015 program continues to build on past successes and implement new ideas as well. Valley Lake Projects for 2015 Projects Description Costs Lake Projects BWS City In -Lake Algae Control 1. Use barley straw for Barley straw is to be used in 2015 to improve water clarity. nuisance algae control Add 400 pounds/ac for the 8 -acre Valley Lake (3,200 pounds total) in May, 2015. Cost includes purchase of barley, $2,800 $0 shipping, and labor for barley installation. Aquatic Plants 2. Algae and plant control 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 $1,300 $0 native plant status in Valley Lake. Use surveys as a basis for possible aquatic plant treatments. ($650/survey x 2 surveys). 3. Eurasian watermilfoil If excessive growth of EWM occurs around the fishing pier, control project EWM will be cut and removed from Valley Lake. Staff will $400 $0 determine the need for a control project. Fish 4. Fish survey Investigate fish population status following a couple of winters with harsh conditions. Use standard MnDNR-style trapnets to $3,100 $0 conduct a fish survey to characterize fish conditions. Education Program 5. Prepare educational Review the results of water quality in Valley Lake, summarize materials/final report aquatic plant surveys and treatments, and summarize barley straw results, and prepare a final report (fish data will be $1,900 $0 included). Monitoring Program 6. Continue monitoring Maintain current level of monitoring. Continue monitoring $550 program oxygen levels year round and participate in the CAMP $0 +Staff monitoring. time Lake Sediment Phosphorus Inactivation 7. Alum or iron addition to To improve water quality in Valley Lake a sediment treatment inactive sediment will be conducted using either alum or iron to inactivate phosphorus sediment phosphorus. Permits will be required, bids $4,000 $16,000 prepared, and a follow-up report will be produced. Total $13,500 $16,550 Orchard Lake Projects for 2015 Projects -� Description Costs BWST City Watershed Projects 1. Nutrient reduction in A nutrient reduction approach in the key subwatershed pond stormwater ponds in the "golf course" subwatershed was implemented by installing a pond aeration system. In 2015, the aeration will be extended to the previously unaerated basin. The pond $2,000 $0 will be monitored in each aerated basin monthly through the summer at a minimum of five dates (May -Sept) and analyzed for TP, Chl, and iron. Lake Projects 2. Early season curlyleaf Conduct an early season curlyleaf assessment to determine pondweed assessment if there are areas of suspected heavy growth to be treated. $800 $0 3. Curlyleaf pondweed Up to 25 acres of curlyleaf pondweed could be treated with control and hybrid herbicides. Based on an early season assessment, that cattail control for 2015 would delineate potential heavy growth. Excessive growth Not to of hybrid cattails located at the public access and swimming $0 exceed beach will be evaluated for control. Control will be $10,000 implemented if feasible. 4. Native aquatic plant Plant surveys will be conducted to evaluate extent of native management plant coverage and determine if programs are meeting 40% plant coverage goal. Conduct two modified point intercept surveys consisting of a minimum of 40 points per survey in $3,800 $0 2015 following the protocol of previous surveys. As part of these surveys, nuisance curlyleaf pondweed areas will be monitored and documented. ($1,900 per survey) 5. Long term curlyleaf Iron additions to Orchard and Lee Lakes appear to control pondweed control nuisance growth of curlyleaf pondweed. A curlyleaf using one-time iron assessment using scuba diving to evaluate curlyleaf stem $2,100 $0 application 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. 6. Coontail management Several methods for controlling Orchard Lake coontail will be tested over the summer of 2015. Lake projects and laboratory testing will be conducted as part of the coontail control methodology. These control methods could be $5,000 $0 applied to other Lakeville Lakes if techniques are successful. Public Information and Education 6. Prepare report to We will prepare a summary report that will include an summarize 2015 evaluation of lake water quality, evaluation of the pond activities aeration system, aquatic plant surveys, and the iron $3,000 $0 treatment results. Monitoring Program 7. Continue monitoring The citizen monitoring program should continue while program projects are in place to see if Orchard Lake responds in a $0 $550 positive or negative water quality manner. +Staff time Total $16,700 $10,550 Lee Lake Projects for 2015 Projects Description Costs . BWS City Watershed Projects 1. Storm Pond Evaluation Pond P3000 is a key pond for nutrient loading to Lee Lake. P3000 will be sampled monthly from May -September and $600 $0 analyzed for TP and chlorophyll. Lake Projects 2. Fish survey Investigate fish population status following a winter with harsh conditions. We will conduct a MnDNR-style fish $1,500 survey to characterize fish conditions and will prepare a $3,500 (fish stocking fish management report. if needed) 3. Curlyleaf pondweed We will evaluate the impact that the 2004 iron treatment control/nutrient had on the curlyleaf population in Lee Lake using scuba reduction test diving to assess curlyleaf stem densities. A total of 40 $1,600 $0 stem density measurements will be taken. 4. Aquatic plant surveys 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 $1,800 $0 2009 alum treatment and characterize the growth of curlyleaf pondweed and filamentous algae. ($900 per survey) Public Information and Education 5. Year end summary Prepare a summary report that will include an evaluation of report the key stormwater pond, the lake water quality, the status of the previous alum treatment, the aquatic plant status, $2,800 $0 and the iron treatment results. Monitoring Program 6. Continue monitoring Maintain current level of monitoring. Continue monitoring program oxygen levels year round and participate in the CAMP $0 $550 monitoring. +Staff time Total $10,300 $2,050 Lake Marion Projects for 2015 Projects Description Costs BWs 7 city Watershed Projects 1. Critical pond sampling Kensington Pond is a key pond in the Lake Marion watershed. and evaluation Water samples will be collected monthly from May -September $800 $0 (5 times) and analyzed for TP and chlorophyll. Lake Projects 2. Early season curlyleaf Conduct an early season curlyleaf assessment to determine if pondweed there are areas of suspected heavy growth to be treated. $800 $0 assessment 3. Curlyleaf pondweed Up to 25 acres of curlyleaf pondweed could be treated with and Eurasian herbicides. Based on an early season assessment, that Not to watermilfoil control for would delineate potential heavy growth. Conduct aquatic $0 exceed 2015 plant removal around fishing pier in Antlers, Casperson and $10,000 Kenrick Docks, if needed. 4. Aquatic plant surveys 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 $4,800 $0 conducted, one in the early season and one in the late season 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) 5. Coontail management Several methods for controlling coontail will be tested in Orchard Lake over the summer of 2015. Coontail in Lake Marion, especially on the west side of Interstate 35W will be $1,600 $0 tested to compare to coontail characteristics from Orchard Lake. If characteristics are similar, then methods used in Orchard, if successful, should be applicable to Lake Marion. Monitoring Program 6. Continue monitoring Maintain current level of monitoring. Continue monitoring $550 program oxygen levels year round and participate in the CAMP $0 +Staff monitoring. time Goose Management/Beach Testing 7. Goose management The number of Canadian geese and ducks staging around and beach testing Lake Marion will be counted on all sampling trips. Also the swimming beach will be tested in a number of locations to $3,000 $0 determine if bacteria are living in the sand and are a source of E. coli to the lake. Experiments to reduce E. coli from the beach sand will be conducted. Total $11,000 $10,550 East Lake Projects for 2015 Projects Description` Lake Projects BWS City Watershed Projects 1. Watershed monitoring A key stormwater pond at 165th Street that drains areas from $900 $0 Total Lakeville will be monitored in 2015. A nutrient monitoring $900 $0 report will be produced that incorporates results of the pond $1,100 $0 sampling as well as results from the Apple Valley stormwater monitoring areas that drain to East Lake. Lake Projects 2. Aquatic plant surveys Conduct two modified point plant surveys to evaluate extent of native plant coverage and evaluate status of non-native $2,800 $0 plants, if present. A minimum of 30 points will be sampled ($1,400 per survey) 3. Stock aquatic plants Stock native emergent and submerged aquatic plants to $2,400 $0 establish a native plant community. 4. Fish survey Conduct shoreline seining to evaluate the fish community and $3,100 $0 prepare a fish management report. 5. Preparation of a year- Summarize all watershed and lake data. Review lake status end summary report in terms of nutrient criteria and evaluate lake projects to improve water quality to best practical conditions. Integrate $2,600 $0 findings from the other projects and produce a management report. Monitoring Program 6. Continue monitoring Participate in the CAMP monitoring program. $550 program $0 +Staff time Total $12,000 $550 Fieldcrest Pond Projects for 2015 Projects Description Costs Lake Projects BINS City Fieldcrest Pond sampling for water quality in 2015 will be conducted once/month May — September. A report will be prepared summarizing the findings. $900 $0 Total $900 $0 Blue Water Science Cost Summary (does not include alum costs, iron particle costs, herbicide costs, roughfish removal costs, or CAMP costs) Valley Lake: $13,500 Orchard Lake: $16,700 Lee Lake: $10,300 Lake Marion: $11,000 East Lake: $12,000 Fieldcrest Pond: $900 Total: $64,400 Adopt -a -Pond Projects for 2015 Projects Description Costs for 2015 Lake Projects BWS __ p - -y Barley - -- $ -- ----- 1. Ado t -A -Pond: Barle Barle straw: 3500 ounds $0.56/ ound - $1,960 + 150 for p -@ city_ p _ straw additions deliver $2,110 straw= $2,110. $0 Total $2,110 $0 C.1