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HomeMy WebLinkAboutItem 06.n Date: 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, water quality pond sampling and invasive aquatic plant control treatments. All work is programmed for 2017. The Agreement establishes project responsibilities and costs. Primary Issues to Consider • Blue Water Science’s fee for professional services shall not exceed $45,500. The City’s funding source is the Utility Fund – Environmental Resources. Supporting Information • Agreement Financial Impact: $ Budgeted: Y☒ N☐ Source: 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 April 17, 2017 45,500 Utility Fund – Env. Resources City of Lakeville 2017-2021 CIP AGREEMENT FOR PROFESSIONAL SERVICES AGREEMENT dated this 17th day of April 2017, 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 2017 – 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 2017 with final reports submitted by March 1, 2018. 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 $45,500, 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. CITY OF LAKEVILLE By_____________________________ Douglas P. Anderson Mayor By_____________________________ Charlene Friedges City Clerk Date_________________________ STEVE McCOMAS D/B/A BLUE WATER SCIENCE By_____________________________ Its__________________________ Date_________________________ Page 4 Page 1 Lake Projects for 2017 – 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 2017 program continues to build on past successes and implement new ideas as well. East Lake Projects for 2017 Projects Description Budget Lake Projects 1. Fish survey Conduct a trapnet survey and check fish migration from the Vermillion River. Prepare a fish management report. $3,100 2. Preparation of a year-end summary report Summarize 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. $2,600 Total $5,700 Lee Lake Projects for 2017 Projects Description Budget Lake Projects 1. Fish stocking Based on 2016 fish survey we will evaluate the best options for adding fish species that promote a balanced lake ecosystem that also protects water quality. $2,500 2. 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 2009 alum treatment and characterize the growth of curlyleaf pondweed and filamentous algae. ($900 per survey) $1,800 3. Year end summary report Prepare a summary report that will include lake water quality, the status of the previous alum treatment, the aquatic plant status, and the results of the fish stocking. $2,800 Total $7,100 Page 2 Lake Marion Projects for 2017 Projects Description Budget Lake Projects 1. Early season curlyleaf pondweed assessment Conduct an early season curlyleaf assessment to determine if there are areas of suspected heavy growth to be treated. Apply for MnDNR permits if needed and obtain bids from contractors. $900 2. Lake access from dock Conduct aquatic plant removal around fishing pier at Casperson and Kenrick Docks if needed. $600 3. 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 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) $4,800 Total $6,300 Orchard Lake Projects for 2017 Projects Description Budget Lake Projects 1. Early season curlyleaf pondweed assessment Conduct an early season curlyleaf assessment to determine if there are areas of suspected heavy growth to be treated. $800 2. Curlyleaf pondweed control and hybrid cattail control for 2017 Up to 25 acres of curlyleaf pondweed could be treated with herbicides. Based on an early season assessment, that would delineate potential heavy growth. Excessive growth of hybrid cattails located at the public access and swimming beach will be evaluated for control. Control will be implemented if feasible. Apply for MnDNR permits if needed and obtain bids from contractors. $1,100 3. Native aquatic plant management 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 surveys consisting of a minimum of 40 points per survey in 2017 following the p rotocol of previous surveys. As part of these surveys, nuisance curlyleaf pondweed areas will be monitored and documented. ($1,900 per survey) $3,800 4. Prepare report to summarize 2017 activities 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. $2,500 Total $8,200 Page 3 Valley Lake Projects for 2017 Projects Description Budget Lake Projects 1. Algae and plant control Conduct two aquatic plant surveys in Valley Lake using a point- intercept format. Collect up 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). $1,300 2. Lake access from dock If excessive aquatic vegetation growth of occurs around the fishing pier, the plants will be cut and removed from Valley Lake. Staff will determine the need for a control project. $400 3. Fish survey Conduct a trapnet survey and check fish population status in regard to water quality and for City fishing contest considerations. Prepare a fish management report. $3,000 4. Prepare educational materials/final 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). $1,900 5. Fish stocking Based on 2017 fish survey we will evaluate the best options for adding fish species that promote a balanced lake ecosystem that also protects water quality. $2,500 Total $9,100 Other Projects Description Budget 1. King Park water quality 2 King Park re-use ponds will be sampled for once per month from May through September. Chlorides, phosphorus, and bacteria will be tested. In addition, turf areas will be tested; 1 field where it has been irrigated from a re-use pond and another field that has not been irrigated from a re-use pond. Lab costs: $4,700. Labor and write- up: $3,800. $8,500 2. Project Updates Project updates for public information and outreach will be provided in early summer, mid- summer and fall for all lake projects. $600 Total $9,100 Blue Water Science Cost Summary Budget East $5,700 Lee $7,100 Marion $6,300 Orchard $8,200 Valley $9,100 Other Updates $600 King Pond $8,500 Totals $45,500