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HomeMy WebLinkAboutItem 06.h Date: May 4, 2020 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 planned for 2020: • Lake Marion: Nuisance vegetation removal (as needed) and an annual lake review report • Orchard Lake: Annual lake review report • Valley Lake: Aquatic plant surveys, nuisance vegetation removal (as needed), fish survey, sediment seedbank and algae assessments, introduction of aquatic plants, coordinating algae treatment and annual lake review report • Lee Lake: Aquatic plant surveys, fish stocking, fish survey, sediment seedbank assessment and annual lake review report • East Lake: Aquatic plant surveys, fish survey, sediment seedbank and algae assessments, introduction of aquatic plants, and annual lake review report Primary Issues to Consider • The Agreement establishes City and Blue Water Science project responsibilities and costs. The City’s estimated total cost is $47,200. Supporting Information • Agreement, including 2020 Work Plan Financial Impact: $47,200 Budgeted: Y☒ N☐ Source: Utility Fund – Env. Res. Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Kelly Perrine, Environmental Resources Technician 201374v1 AGREEMENT FOR PROFESSIONAL SERVICES WITH BLUE WATER SCIENCE AGREEMENT made this 4th day of May 2020, 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 2020 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. 2. TERM. This Agreement shall commence upon May 4, 2020 and shall terminate on February 28, 2021. Field work will occur throughout 2020 with final reports submitted by February 28, 2021. 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 $47,200. 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 services 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. 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, 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 2 201374v1 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 its 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 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 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”. 3 201374v1 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 business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. 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 infringement 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 is not an employee of the City and is free to contract 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, 4 201374v1 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 acquiescence 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, 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, received, 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. 5 201374v1 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, marital 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 subject 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 in 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 By:_______________________________ Print Name:________________________ Its:________________________________ Page 1 Workplan 2020 Lakeville Projects Date: March 17, 2020 To: Mac Cafferty, City of Lakeville From: Steve McComas, Blue Water Science Lake Marion Activity Timeline Description Budget 1. 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 2. Annual Lake Marion 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. Include a 1 to 2 page carp summary as well. Submit to City staff by February 28, 2021. $2,400 Total $3,400 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 survey September- October Investigate fish population status. Conduct a MnDNR-style fish survey to characterize fish conditions. Permitted bullhead removal will occur if necessary. Prepare a fish management report. $4,200 3. Fish stocking. August Coordinate fish stocking of largemouth bass. Inform City staff prior to and following stocking completion. $2,400 4. Seedbank Study July Collect sediments from three sites. Set-up a propagation system and evaluate the species of aquatic plants that sprout. $600 3. Annual Lake Lee review. May-February Incorporate CAMP lake water quality data for 2020. 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, 2021. $2,100 Total $11,100 Continued on following page Page 2 Orchard Lake Activity Timeline Description Budget 1. Annual Orchard Lake review. May-February Incorporate CAMP lake water quality data for 2020. 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. Include a 1 to 2 page EWM ecology and management handout. Submit to City staff by February 28, 2021. $2,300 Total $2,300 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. Fish survey September- October 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. $3,100 4. Seedbank survey July Collect sediments from three sites. Set-up a propagation system and evaluate aquatic plant sprouting. $600 6. Benthic blue- green algae sampling and ID June and September Sample the top layer of lake sediments at 3 locations on 2 dates. Analyze the algal species and the chlorophyll concentrations. Analyze available phosphorus at the sediment surface and 10 cm into the core ($650 lab costs per date). $3,000 7. Annual Valley Lake review. May-February Incorporate CAMP lake water quality data for 2020. 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, 2021. $1,500 8. Transplant aquatic plants to Valley Lake. July-August Collect plants from uninfested lakes and transplant to Valley Lake. Lakeville city staff will assist. $1,100 9. Valley Lake algae treatments. June-August Coordinate Valley Lake algal treatments with other lake activities. For example, sediments should be collected in Activity 6 prior to an algal treatment. $600 Total $11,700 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 Continued on following page Page 3 East Lake Activity Timeline Description Budget 1. Fish survey April and June Conduct an early seining (April timeframe) to check for young-of- the-year fish in East Lake. Conduct a trapnet survey in East Lake and check fish migration from the Vermillion River. Permit will be acquired to remove bullheads and carp if present in trapnets. Prepare a fish management report. $4,100 2. Seedbank Study July-August Collect sediments from three sites. Set-up a propagation system and evaluate aquatic plant sprouting. $600 3. Benthic blue- green algae sampling and ID June and September Sample the top layer of lake sediments at 3 locations on 2 dates. Analyze the algal species and the chlorophyll concentrations. Analyze available phosphorus at the sediment surface and 10 cm into the core ($650 lab costs per date). $3,000 4. Transplant aquatic plants to East Lake July-August Collect plants from uninfested lakes and transplant to East Lake. Lakeville city staff will assist. $1,100 5. Aquatic plant survey. July Conduct late season aquatic plant survey. Submit report of findings to City staff no later than December 31. $900 December 6. 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 $11,600 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 Lakeville Projects Cost Summary Quote Marion $3,400 Lee $11,100 Orchard $2,300 Valley $11,700 King Park $5,400 East $11,600 Education and Outreach $1,700 Total $47,200