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HomeMy WebLinkAboutItem 06.gDate: April 4, 2016 Item No. AGREEMENT WITH BLUE WATER SCIENCE FOR PROFESSIONAL SERVICES FOR LAKE MANAGEMENT Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Blue Water Science for Professional Services associated with the City's lake management program. Overview The City's lake management program is designed to manage, promote and protect the City's water resources including lakes, wetlands and streams. Each year, the City conducts research and implements strategies that are intended to preserve and enhance the water quality of the City's lakes. This year's program includes aquatic plant surveys, watershed pond sampling, bacteria Total Maximum Daily Load (TMDL) studies, invasive aquatic plant control treatments and a 2nd alum treatment on Valley Lake. All work is programmed for 2016. The Agreement establishes project responsibilities and costs. Primary Issues to Consider • Blue Water Sciences fee for professional services shall not exceed $70,000. The City's funding source is the Utility Fund - Environmental Resources. Supporting Information • Agreement Financial Impact: $ 70,000 Budgeted: Y® NO Source: Utility Fund - Env. Resources Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: McKenzie Cafferty, Environmental Resources Manager AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT dated this e day of April 2016, 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 2016 — 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 2016 with final reports submitted by March 1, 2017. 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 $70,000, 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. 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 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 termination 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. By Matt Little Mayor By Charlene Friedges City Clerk Date LIZ Its Date CITY OF LAKEVILLE STEVE McCOMAS D/B/A BLUE WATER SCIENCE Page 4 Lake Projects for 2016 - 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 2016 program continues to build on past successes and implement new ideas as well. East Lake Projects for 2016 Page 1 Costs Projects Description BWS City Budget Budget Watershed Projects 1.Watershed A key stormwater pond at 165`" Street that drains areas from Lakeville monitoring will be monitored in 2016. A nutrient monitoring report will be produced that incorporates results of the pond sampling as well as $900 -- results from the Apple Valley stormwater monitoring areas that drain to East Lake. Lake Projects 2.Aquatic plant I Conduct two modified point plant surveys to evaluate extent of native surveys plant coverage and evaluate status of non-native plants, if present. A $2,800 -- minimum of 30 points will be sampled ($1,400 per survey) 3. Analyze Analyze native emergent and submerged aquatic plants to determine essential if lake water chemistry conditions are conducive to growth. $1,300 -- nutrients in aquatic plants -- 4. Fish survey Conduct a trapnet survey and check fish migration from the Vermillion $3,100 River. Prepare a fish management report. 5.Preparation of Summarize all watershed and lake data. Review lake status in terms a year-end of nutrient criteria and evaluate lake projects to improve water quality $2,600 summary report to best practical conditions. Integrate findings from the other projects and produce a management report. Monitoring Program 6.Continue Participate in the CAMP monitoring program. monitoring -- $550 program Total $10,700 $550 Page 1 Lee Lake Projects for 2016 Projects Description Costs BWS City _ udget Budget Watershed Projects 1. Storm Pond Pond P3000 is a key pond for nutrient loading to Lee Lake. P3000 will Evaluation be sampled monthly from May -September and analyzed for TP and $600 -- chlorophyll. Lake Projects 2. Fish survey j Investigate fish population status. Conduct a MnDNR-style fish survey and removal to characterize fish conditions and remove bullheads that are $4,900 -- captured. Prepare a fish management report. 3. Curlyleaf We will evaluate the impact that the 2004 iron treatment had on the pondweed curlyleaf population in Lee Lake to assess curlyleaf stem densities. A $1,600 control/nutrient total of 40 stem density measurements will be taken. reduction test Conduct early summer and late summer aquatic plant surveys using a 4. Aquatic plant surveys I modified point intercept method. A minimum of 25 points per survey will be taken. The objectives are to assess changes in vegetation $1,800 — after the 2009 alum treatment and characterize the growth of curlyleaf pondweed and filamentous algae. ($900 per survey) Fish stocking based on fish survey results. Stock bass in autumn. 5. Fish $2,500 -- Obtain fish stocking permits. _stocking Public Information and Education 6. Year end Prepare a summary report that will include an evaluation of the key summary report stormwater pond, the lake water quality, the status of the previous $2,800 -- alum treatment, the aquatic plant status, and the iron treatment results. Monitoring Program 7. Continue Maintain current level of monitoring. Continue monitoring oxygen monitoring levels year round and participate in the CAMP monitoring. -- $550 program Total $14,200 $550 Page 2 Lake Marion Projects for 2016 Page 3 Costs Projects Description BWS City Budget Budget Watershed Projects 1. Critical pond Kensington Pond is a key pond in the Lake Marion watershed. Water sampling and samples will be collected monthly from May -September (5 times) and $9001 -- evaluation analyzed for TP and chlorophyll. Lake Projects 2. Early season Conduct an early season curlyleaf assessment to determine if there curlyleaf are areas of suspected heavy growth to be treated. $900 pondweed assessment 3. Curlyleaf Up to 25 acres of curlyleaf pondweed could be treated with herbicides, pondweed and Based on an early season assessment, that would delineate potential Eurasian heavy growth. Conduct aquatic plant removal around fishing pier in $600 $10,000 watermilfoil Antlers, Casperson and Kenrick Docks, if needed. Apply for MnDNR control for 2016 permits if needed and obtain bids from contractors. 4.Aquatic plant Aquatic plants are critical to sustaining good water quality in Lake surveys 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 the early season and one in the late $4,800 -- 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 Several methods for controlling coontail will be tested based on management determining the limiting nutrient over the summer of 2016. Coontail in Lake Marion, especially on the west side of Interstate 35W will be $5,000 -- tested to compare to coontail characteristics from Orchard Lake and other lakes. Management actions will be prepared. Monitoring Program 6.Continue Maintain current level of monitoring. Continue monitoring oxygen monitoring levels year round as needed and participate in the CAMP monitoring. — $550 program Beach Testing and Bacterial Evaluation 7. Beach The swimming beach will be tested in a number of locations to testing and determine how deep the bacteria are living in the sand and determine bacteria if they are a source of E. coli to the lake. Experiments to reduce E. $7,000 -- management coli from the beach sand will be conducted using heat applications. The findings from this study can be used for bacterial TMDL preparation for other projects. Total $19,200 $10,550 Page 3 Orchard Lake Projects for 2016 Projects Description Costs BWS City Budget Budgi 1. Nutrient A nutrient reduction approach in the key subwatershed pond in the reduction in "golf course" subwatershed was implemented by installing a pond stormwater aeration system. In 2016, the aeration will be extended to the ponds previously unaerated basin. The pond will be monitored in each $2,000 aerated basin monthly through the summer at a minimum of five dates (May -Sept) and analyzed for TP, Chi, and iron. Lake Projects 2. Early season I Conduct an early season curiyleaf assessment to determine if there curlyleaf pondweed assessment are areas of suspected heavy growth to be treated. 3. Curlyleaf Up to 25 acres of curlyleaf pondweed could be treated with herbicides. pondweed Based on an early season assessment, that would delineate potential control and heavy growth. Excessive growth of hybrid cattails located at the hybrid cattail public access and swimming beach will be evaluated for control. control for 2016 Control will be implemented if feasible. Apply for MnDNR permits if program needed and obtain bids from contractors. 4. Native Plant surveys will be conducted to evaluate extent of native plant aquatic plant coverage and determine if programs are meeting 40% plant coverage management goal. Conduct two modified point intercept surveys consisting of a minimum of 40 points per survey in 2016 following the protocol of previous surveys. As part of these surveys, nuisance curlyleaf pondweed areas will be monitored and documented. ($1,900 per 5. Longterm Iron additions to Orchard and Lee Lakes appear to control nuisance $800 -- $600 $10,000 $3,800 curlyleaf growth of curlyleaf pondweed. A curlyleaf assessment to evaluate summarize pondweed curlyleaf stem densities at four locations in Orchard Lake will be $2,100 1 control using conducted to determine if the iron treatment has been successful. A 7. Continue one-time iron total of 40 stem density measurements will be taken. place to see if Orchard Lake responds in a positive or negative water appucanon Public Information and Education 6. Prepare I We will prepare a summary report that will include an evaluation of report to lake water quality, evaluation of the pond aeration system, aquatic summarize plant surveys, and the iron treatment results. 2016 activities Monitoring Program _ 7. Continue The citizen monitoring program should continue while projects are in monitoring place to see if Orchard Lake responds in a positive or negative water program quality manner. Total Page 4 $3,000 $550 3001 $10,550 Valley Lake Projects for 2016 Costs ProjectsL Description BWS City _ Budget Budget Lake Projects Aquatic Plants 1. Algae and Conduct two aquatic plant surveys in Valley Lake using a point - plant control intercept format. Collect up to 20 points per survey. Evaluate curlyleaf i pondweed and Eurasian watermilfoil and native plant status in Valley $1,300 -- Lake. Use surveys as a basis for possible aquatic plant treatments. ($650/survey x 2 surveys). 2. Eurasian If excessive growth of EWM occurs around the fishing pier, EWM will watermilfoil be cut and removed from Valley Lake. Staff will determine the need $400 $1,000 control project for a control project. Fish Education Program 3. Prepare Review the results of water quality in Valley Lake, summarize aquatic educational plant surveys and treatments, and summarize barley straw results, $1,900 -- materials/final and prepare a final report (fish data will be included). report Monitoring Program 4. Continue Maintain current level of monitoring. Continue monitoring oxygen monitoring levels year round as needed and participate in the CAMP monitoring.-- $550 program Lake Sediment Phosphorus Inactivation 5. Alum or iron To improve water quality in Valley Lake a second sediment treatment addition to will be conducted using alum to inactivate sediment phosphorus. inactive Permits will be required, bids prepared, and a follow-up report will be $4,200 -- sediment produced. Lake sediments will be collected and analyzed to evaluate phosphorus the alum application. Total $7,800 $1,550 Other Projects for 2016 Page 5 Costs Projects Description BWS City Budget Budget Fieldcrest Pond Fieldcrest Pond sampling for water quality in 2016 will be conducted once/month May — September. A report will be prepared summarizing $900 the findings. Bacteria TMDL Bacteria sources and quantities in storm ponds will be researched Research over the summer season. We will collaborate with the Vermillion River JPO. Assume 5 days of field investigation, 1 day for a report, and ! $4,300 -- $500 for sampling. $600 -- Project Updates Project updates for public information and outreach will be provided in early summer, mid- summer and fall for all lake projects. -- Total $5,800 Page 5 Blue Water Science Cost Summary (Blue Water Science budget does not include alum costs, herbicide costs, or CAMP costs) Page 6 BWS Budget Potential City Costs (CAMP Programs and aquatic plant treatment if needed. A Lee Lake alum project is not scheduled for 2016.) East Lee $10,700 $14,200 $550 $550 Marion Orchard $19,200 $12,300 $10,550 $10,550 Valley $7,800 $1,550 Other Projects $5,800 -- Totals $70,000 $23,750 Page 6