HomeMy WebLinkAboutItem 06.n
Date: March 18, 2019 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 City water
resources including lakes, wetlands and streams. The City conducts annual research to define
baseline and current water quality and ecology trends. Results are used to: a) monitor recreation
suitability; b) guide lake management strategies/decisions; and c) identify funding opportunities.
The following work is programmed for 2019:
• Lake Marion: Aquatic invasive species (AIS) monitoring, curly-leaf pondweed (CLP) and
Eurasian watermilfoil (EWM) assessments, and nuisance vegetation treatment
• Orchard Lake: AIS monitoring, CLP and EWM assessments, and shoreland inventory
• Valley Lake: Aquatic plant surveys, nuisance vegetation treatment and basin monitoring
• Lee Lake: Aquatic plant surveys and fish stocking
• East Lake: Fish surveys, aquatic plant surveys
Primary Issues to Consider
• The Agreement establishes City and Blue Water Science project responsibilities and costs.
The City is eligible for reimbursement in the amount of $18,000 through Dakota County
AIS Grant Funds. The City’s estimated total cost is $46,300; the City’s estimated net cost
(after reimbursement) is $28,300.
Supporting Information
• Agreement, including 2019 Work Plan
Financial Impact: $46,300 Budgeted: Y☒ N☐ Source: Utility Fund – Env. Res.
Related Documents:
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Kelly Perrine, Environmental Resources Technician
201374v1
2019 AGREEMENT FOR PROFESSIONAL SERVICES
WITH BLUE WATER SCIENCE
AGREEMENT made this 18th day of March 2019, by the CITY OF LAKEVILLE,
Minnesota, and STEVE McCOMAS d/b/a/ BLUE WATER SCIENCE (the “Consultant”).
1. SCOPE OF SERVICE AND AUTHORIZATION.
A. Consultant shall be responsible for providing the professional services as described
in the 2019 BWS Project Work Plan attached hereto as Exhibit A (“Work Plan”) and in
accordance with the timelines identified in the Work Plan . Consultant’s services shall
commence immediately upon receipt of written notice to proceed from the City.
B. Consultant’s services under the Work Plan to be billed as Aquatic Invasive Species
with funding reimbursement from Dakota County shall comply with the requirements unde r the
Aquatic Invasive Species Aid Grant Agreement between the City and the Dakota County
(“County”), Dakota County Contract C0031297 attached hereto as Exhibit B (“Grant
Agreement”). Consultant agrees to comply with all provisions of the Grant Contract a pplicable
to Consultant as the City’s contractor for the services covered under the Grant Contract.
Consultant acknowledges that the Grant Contract does not create a contractual relationship
between the County and the Consultant.
2. TERM. This Agreement shall commence upon May 18, 2019 and shall terminate
on February 28, 2020. Field work will occur throughout 2019 with final reports submitted by
February 28, 2020.
3. FEES AND PAYMENT. The Consultant’s fee for the services provided under the
Work Plan shall be based on the rates set forth in the Work Plan, but shall not exceed
$46,300. 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 for completed services shall be due within 35 days after invoicing by Consultant.
4. STANDARD OF CARE. The Consultant shall exercise the same degree of care,
skill, and diligence in the performance of the s ervices under the Work Plan as is ordinarily
possessed and exercised by members of Consultant’s profession practicing under similar
conditions. The City shall not be responsible for discovering deficiencies in the accuracy of
Consultant’s services.
5. INSPECTION/REMEDY.
A. Services shall be subject to inspection by the City.
B. Defective work shall be removed and replaced, or satisfactorily corrected.
2
201374v1
6. UNAUTHORIZED WORK. Additional work performed without authorization
through a written amendment of this Agreement will not entitle Consultant to an increase in the
amount paid to Consultant or an extension of the term of this Agreement.
7. CITY RESPONSIBILITY. At the Consultant’s reasonable request, the City shall
provide to the Consultant all reports, data, studies, pl ans, 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.
8. INDEMNIFICATION. To the fullest extent permitted by law, Consultant agrees to
defend, indemnify and hold harmless the City and the County, and their employees, officials,
and agents from and against all claims, suits, demands, judgments, costs, interest, expenses,
actions, damages, losses and expenses, including reasonable attorney fees, arising out of
Consultant’s performance of its obligations under this Agreement, caused in whole or in part by
any negligent act or omission of the Consultant. Consultant’s indemnification obligation shall
apply to subcontractor(s), or anyone directly or indirectly employed or hired by Consultant, or
anyone for whose acts Consultant may be liable. Consultant agrees this indemnity obligation
shall survive the completion or termination of this Agreement.
9. INSURANCE. Prior to the start of the project, Consultant shall furnish to the City
and the County a certificate of insurance showing proof of the required insurance required
under this Paragraph. Consultant shall take out and maintain or cause to be taken out and
maintained until six (6) months after the City has accepted the public improvements, such
insurance as shall protect Consultant and the City for work covered by the Agreement
including workers’ compensation claims and property damage, bodily and personal injury
which may arise from operations under this Agreement, whether such operations are by
Consultant or anyone directly or indirectly employed by either of them. The minimum amounts
of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
3
201374v1
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
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 and
maintained with responsible insurance companies organized under the laws of one of the
states of the United States and qualified to do busin ess in the State of Minnesota, (ii) shall
name the City and the County, their employees and agents as additional insureds (CGL and
umbrella only) by endorsement which shall be filed with the City and County. A copy of the
endorsement must be submitted with the certificate of insurance.
Consultant’s policies and Certificate of Insurance shall contain a provision that coverage
afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced
written notice to the City, or ten (10) days’ notice for non-payment of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement
Consultant’s policy limits on a follow-form basis to satisfy the full policy limits required by this
Agreement.
10. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. All reports, plans,
models, software, diagrams, analyses, and information generated in connection with
performance of this Agreement shall be the property of the City. The City may use the
information for its purposes.
11. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Agreement
requires, or the Consultant desires, the use of any design, devise, material or process covered
by letters, patent or copyright, trademark or trade name, the Consultant shall provide for such
use by suitable legal agreement with the patentee or owner and a copy of said agreement shall
be filed with the City. If no such agreement is made or filed as noted, the Consultant shall
indemnify and hold harmless the City from any and all claims for infring ement by reason of the
use of any such patented designed, device, material or process, or any trademark or trade
name or copyright in connection with the services agreed to be performed under the
Agreement, and shall indemnify and defend the City for any costs, liability, expenses and
attorney's fees that result from any such infringement.
12. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining
to the provisions of services to be provided.
13. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an
independent contractor upon the terms and conditions set forth in this Agreement. Consultant
4
201374v1
is not an employee of the City and is free to contr act with other entities as provided herein.
Consultant shall be responsible for selecting the means and methods of performing the work.
Consultant shall furnish any and all supplies, equipment, and incidentals necessary for
Consultant’s performance under this Agreement. City and Consultant agree that Consultant
shall not at any time or in any manner represent that Consultant or any of Consultant’s agents
or employees are in any manner agents or employees of the City. Consultant shall be
exclusively responsible under this Agreement for Consultant’s own FICA payments, workers
compensation payments, unemployment compensation payments, withholding amounts,
and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid
by law or regulation.
14. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by this Agreement, and the rights and
remedies available there under shall be in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
B. No action, or failure to act, by the City or the Consultant shall constitute a waiver of
any right or duty afforded any of them under the Agreement, nor shall any such action or
failure to act constitute an approval of, or ac quiescence in, any breach there under, except as
may be specifically agreed in writing.
15. GOVERNING LAW AND VENUE. This Agreement is governed by and shall be
construed according to the laws of Minnesota. Venue for all legal proceedings arising out of
this Agreement or its breach, must be with the appropriate state court with competent
jurisdiction in Dakota County.
16. 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.
17. 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.
18. AUDIT DISCLOSURE AND DATA PRACTICES. The books, records,
documents and accounting procedures and practices of the Consultant or other parties
relevant to this Agreement are subject to examination by the City and either the Legislative
Auditor or the State Auditor for a period of six (6) years after the effective date of this
Agreement. This Agreement is subject to the Minnesota Government Data Practice Act,
5
201374v1
Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the
Data Practices Act Section 13.02, subd. 7, which is created, collected, receiv ed, stored, used,
maintained, or disseminated by Consultant in performing any of the functions of the City during
performance of this Agreement is subject to the requirements of the Data Practice Act and
Consultant shall comply with those requirements as if she were a government entity. All
subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data
Practices Act compliance language.
19. NONDISCRIMINATION. The Consultant agrees to comply with all applicable
laws relating to nondiscrimination and affirmative action. In particular, the Consultant agrees
not to discriminate against any employee, applicant for employment, or participant in this
Agreement because of race, color, creed, religion, national origin, sex, marit al status, status
with regard to public assistance, membership or activity in a local civil rights commission,
disability, sexual orientation, or age.
20. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising
herein, without the written consent of the other party.
21. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
22. 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,
23. ENTIRE AGREEMENT. This Agreement, including any attachments incorporated,
constitutes the entire understanding between the City and the Consultant. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subje ct
matter hereof, as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed i n writing and duly signed by
the parties, unless otherwise provided herein.
CITY OF LAKEVILLE
By:_____________________________
Douglas P. Anderson, Mayor
And:_____________________________
Charlene Friedges, City Clerk
STEVE MCCOMAS D/B/A BLUE WATER
SCIENCE
,,=|fnnl,,l.tl/.hrcrT,'rv
Print Name: Steve McComas
Its: Owner
6
201374v1
7
201374v1
EXHIBIT A
2019 BWS Project Work Plan
Page 1
2019 BWS Project Work Plan
- Billed as Aquatic Invasive Species with funding reimbursement from Dakota County
Lee Lake
Activity Timeline Description Budget
1. Aquatic plant
surveys.
June Conduct early season aquatic plant survey.
Conduct late season aquatic plant survey.
Submit report of findings to City staff no later than December 31.
$1,800 July
December
2. Fish
stocking.
August Coordinate fish stocking of largemouth bass. Inform City staff prior
to and following stocking completion. $2,400
3. Annual Lake
Lee review.
May-February Incorporate CAMP lake water quality data for 2019. Update
historical aquatic plant and water quality data. Update AIS
activities for CLP, EWM, and zebra mussels. Incorporate fish
stocking data and make lake management recommendations.
Submit to City staff by February 28, 2020.
$2,100
Total $6,300
Lake Marion
Activity Timeline Description Budget
1. General AIS
Searches.
June -
September
Conduct monthly AIS searches (zebra mussels, starry stonewort,
spiny waterflea rusty crayfish, etc.) at the following locations:
- Public boat access,
- Casperson Park frontage/rock point,
- Public fishing piers, and
- Shoreline north of public access ($200/month plus report).
$900
2. Curlyleaf
pondweed
(CLP)
delineation.
April - May Delineate CLP growth. Create map and shapefiles of treatable
areas and provide to City and treatment contractor. $900
3. CLP
assessment.
June Conduct early season aquatic plant survey (full transect survey)
that serves as a CLP assessment.
Create map of growth extent and provide to City staff.
$1,200
4. Eurasian
watermilfoil
(EWM)
delineation.
June Delineate EWM plant growth. Create map of growth extent and
provide to City staff and treatment contractor. Compare growth to
2018 July plant growth and calculate treatment efficacy. Provide
results to City staff.
$1,200
5. EWM
assessment.
August-
September
Assess post-treatment plant growth of EWM and native plants.
Include results in aquatic plant survey report to be submitted by
December 15.
$2,400
6. Annual
review.
May 2019 –
February 2020
Incorporate CAMP lake water quality data for 2019. Update
historical aquatic plant and water quality data. Update AIS
activities for CLP, EWM, and zebra mussels. Submit to City staff
by February 28, 2020.
$2,400
7. Mechanical
treatment.
As needed Hand removal of nuisance vegetation at fishing piers (2). Notify
City staff prior to and following removal ($500/fishing pier). $1,000
Total $10,000
Page 2
Orchard Lake
Activity Timeline Description Budget
1. General AIS
Searches.
June -
September
Conduct monthly AIS searches (zebra mussels, starry
stonewort, spiny waterflea, rusty crayfish, etc.) at the
following locations:
- Public boat access, and
- Swimming beach. ($100/month plus report)
$500
2. Curlyleaf
pondweed
(CLP)
delineation.
April-May Delineate CLP growth. Create map of potential treatment areas
and provide to City and treatment contractor. $800
3. CLP
assessment.
June Conduct early season aquatic plant transect survey. Assess CLP.
Note pennyworth progression. $950
4. Eurasian
watermilfoil
(EWM)
delineation.
June Delineate EWM plant growth. Create map of potential
treatment areas and provide to City staff and treatment
contractor. $950
5. EWM
assessment.
August-
September
Assess post-treatment plant growth of EWM and native
plants. Include results in aquatic plant survey report to be
submitted by December 15. $1,900
6. Shoreland
inventory.
July-
September
Conduct shoreland inventory in accordance with methods of 2001
and 2006 inventory. Compare results to previous shoreland
inventories.
Submit report of findings, including a list of prioritized
implementation recommendations, to City staff no later
than December 31.
$3,700 December
7. Annual
Orchard Lake
review.
May-February Incorporate CAMP lake water quality data for 2019. Update
historical aquatic plant and water quality data. Update AIS
activities for CLP, EWM, and zebra mussels. Also discuss
shoreland inventory results and make lake management
recommendations. Submit to City staff by February 28,
2020.
$2,300
Total $11,100
King Park
Activity Timeline Description Budget
1. Re-use pond
sampling.
May-
September
Monthly analyze two reuse ponds for chlorides, phosphorus, and
bacteria.
Submit report of findings to City staff no later than December 31.
$5,400
December
Total $5,400
Page 3
Valley Lake
Activity Timeline Description Budget
1. Aquatic plant
surveys.
June Conduct early season aquatic plant survey.
Conduct late season aquatic plant survey.
Submit report of findings to City staff no later than December 31.
$1,300 July-August
December
2. Mechanical
treatment.
As needed Hand removal of nuisance vegetation at fishing pier (1). Notify City
staff prior to and following removal. $500
3. Sample
storm pond.
May-
September
Sample the adjacent storm pond once per month from May-
September. $500
4. Annual
Valley Lake
review.
May-February Incorporate CAMP lake water quality data for 2019. Update
historical aquatic plant and water quality data. Update AIS
activities for CLP and EWM. In addition evaluate impact of
watershed P loading and other possible P loading sources to
Valley Lake. Submit to City staff by February 28, 2020.
$1,500
Total $3,800
East Lake
Activity Timeline Description Budget
1. Peripheral
pond trap
netting.
June Trap net ponds A, B, C3-4, and E.
Submit report of findings to City staff no later than December 31. $5,200 December
2. Aquatic plant
survey.
July Conduct late season aquatic plant survey.
Submit report of findings to City staff no later than December 31.
$900 December
3. Annual East
Lake review.
May-February Incorporate CAMP lake water quality data for 2019. Update
historical aquatic plant and water quality data. Update AIS
activities including carp results. Incorporate fish survey results and
discuss fish management approaches for East Lake. Submit to
City staff by February 28, 2020.
$1,900
Total $8,000
Education and Outreach
Activity Timeline Description Budget
1. Project
update.
May -
September
Provide City staff monthly project updates. $600
2. Participation
in City
events.
April - August Present at 3 City meetings/events (Lake Marion Annual meeting,
Lakeville SWPP meeting, Earth Day/Watershed Clean-up day). $1,100
Total $1,700
Page 4
Cost Summary
Budget
Lee $6,300
Marion $10,000
Orchard $11,100
King Park $5,400
Valley $3,800
East $8,000
Education and Outreach $1,700
Total $46,300
Billed as Aquatic Invasive Species
Budget
Marion $6,600
Orchard $5,100
Total $11,700