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HomeMy WebLinkAbout9A - WSB Project #02-02 DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT MARCH 18, 2002 9A SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT WITH WSB & ASSOCIATES, INC. TO PREPARE PLANS AND SPECIFICATIONS AND PROVIDE CONSTRUCTION OBSERVATION SERVICES FOR LIFT STATION NO. 18 IMPROVEMENTS (CITY PROJECT #02-02). HISTORY The 2002 - 2006 Capital Improvement Program (CIP) identifies the renovation of two to three lift stations per year. Staff is proposing to upgrade the Estate Avenue lift station (lift Station 18) in conjunction with the 2002 Street Improvement Project. This lift station was constructed in 1974 and serves approximately 400 homes and 2 smaller lift stations. CURRENT CIRCUMSTANCES The long-term plan for the area is to reroute the existing forcemain from an easement that runs along the lake to a new route along Lori Road and 150th Street. The force main will be installed in Lori Road with the proposed 2002 street improvements and in 150th Street with 2005 improvements. Also included in the proposed renovation is adding the lift station to the existing City SCADA system. City staff requested proposals from WSB & Associates, Inc. and Bonestroo, Rosene, Anderlik and Associates, Inc. (BRAA) for the preparation of plans and specifications for the lift station renovation and construction services. The quotes are summarized in the following table and are hourly not to exceed figures: Consultant Plans & Construction TOTAL Specs Observation WSB $14,013 $1,240 $15,253 BRAA $14,500 $8,900 $23,400 The work that WSB will complete under this contract includes preparing plans and specifications for the lift station renovation, which will be bid with the 2002 Street Improvement project. The scope of the proposed contract also includes elf8~OO Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 I AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: estate lift construction services, consisting of shop drawing review, periodic construction observation and a final inspection at lift station start-up. A copy of the City's standard contract, which includes WSB's proposal is attached to this report. CONCLUSION Staff recommends award of contract for lift Station No. 18 design and construction observation to WSB & Associates. Staff proposes that the contract amount of $1~,253 paid by the Trunk Reserve Fund as proposed in the 2002 CIP. There are three alternatives for the City Council to consider: 1. Approve Resolution 02-XX awarding contract and authorizing the Mayor and City Manager to enter into a Standard Professional Services - Contract . with WSB & Associates, Inc. to provide plans and specifications and construction observation services for the Lift Station Improvements. 2. Deny this item for a specific reason and provide staff with direction. 3. Table this item until some date in the future. A motion and s~cond to approve Resolution 02-XX awarding contract and. authorizing the Mayor and City Manager to enter into a Standard Professional- Services Contract with WSB & Associates, Inc. to provide plans and specifications and construction observaf n services for the lift Station No. 18 Improvements. REVIEWED BY: 2 RESOLUTION 02.XX RESOLUTION AWARDING CONTRACT AND AUTHORIZING WSB & ASSOCIATES, INC. TO PREPARE PLANS AND SPECIFICATIONS AND PROVIDE CONSTRUCTION OBSERVATION SERVICES FOR LIFT STATION NO. 18 IMPROVEMENTS MOTION BY: SECOND BY: WHEREAS, lift Station No. 18 located on Estate Avenue is in need of upgrading, and WHEREAS, the reconstruction of Estate Avenue is scheduled for 2002, and WHEREAS, the City received a cost proposal to prepare plans and specifications and provide construction observation services from WSB & Associates in the amount of $15,253. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, that 1. The recitals set forth above are incorporated herein. 2. W8B & Associates, Inc. is hereby authorized to prepare plans and specifications and provide construction observation services for the lift Station No. 18 Improvements in accordance with their proposal dated February 28, 2002 in the amount not to exceed $15,253.00. 3. The funding for these services will be drawn from the Trunk Reserve Fund. . BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorized to execute said ~. agreement on behalf of the City. Passed and adopted this 18th day of March, 2002. YES NO Hauqen Hauaen Gundlach Gundlach Petersen Petersen Zieska Zieska {Seal} Frank Boyles City Manager 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER G:\ResoI02\estatelift. DOC STANDARD AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made on the 18th day of March, 2002, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 16200 Eagle Creek Avenue S.E., Prior Lake, MN 55372-1714, and WSB & Associates. Inc. (hereinafter "Engineer ") whose business address is 4150 Olson Memorial Highway. Suite 300. Minneapolis. MN 55442. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring. of consultants to provide a .variety of professional services for City projects. That policy requires that persons, firms or corporations. providing such services enter into written contracts with the City. The purpos~ ofthis contract is to set forth the terms and conditions for Professional Engineering Services for Lift Station No. 18 (City Proiect #02-02). The City and Engineer agree as follows: 1. Engineer's Services. The Engineer agrees to provide professional services as described in Exhibit A, attached and made a part of this Agreement. 2. Timefor Performance of Services. The Engineer shall perform the services as required as outlined in Exhibit A and according to the City's construction schedule. 3. Compensation for ServicesIMaximum Agreement Amount. City agrees to pay th~ Engineer $15.253.00 (referred to herein as the "Maximum Agreement Amount") for the services described in Exhibit A. Compensation shall be in accordance with Exhibit A, attached and made a part of this Agreement. ., 4. Emlineering Service for Project. The Engineer, upon direction of the City, agrees to perform the following professional engineering services: A. See Exhibit A. B. Special Engineer may be utilized by the Engineer when required by the complex or specialized nature ofthe Project and when authorized in writing by the City. C. City agrees to pay Engineer for extra services by the Engineer or Special Engineer when authorized in writing by the City. . . 5. The City agrees to provide the Engineer with the complete information concerning the s~ope of the Project and to perform the following services: A. Access to the Area. The City shall obtain access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform such work as surveys and inspections in the development ofthe Project. G: \ PROJECTS\2 002\ Ilpixie\ 1 i ftcontract.wsb. DOC 1 B. Consideration of the Engineer's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Engineer, and shall inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. C. Standards. The City shall furnish the Engineer with a copy of any design and construction standards they may require in performing construction surveying for the Project. D. Owner's Representative. A person shall be appointed to act as the City's representative with respect to the work to be perfonned under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisio,ns with respect to the materials, equipment, elements and systems pertinent to the work covered by this Agreement. 6. Method of Payment. The Engineer shall submit to the City, on a monthly basis, itemized bills for professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. A. Progress Payment. For work reimbursed on an hourly basis, the Engineer shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Engineer shall verify all statement submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the Engineer shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work. If any work performed by the Engineer is abandoned or suspended' in whole or in part by the City, 'the Engineer shall be paid for any services performed: on account of it prior to receipt of: written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. ' C. Compensation for Services ofthe Engineer. The City shall pay the Engineer for the services described' in Exhibit A of this Agreement. The fee that the City will pay under this Agreement shall not exceed the amount shown on Exhibit A for this project. D. Payments for the Engineer's Reimbursable Costs. The Engineer shaH be reimbursed for the work of special consultants, as described in Section 4B, and for other items when authorized in writing by the City. Such items shall include: Materials and supplies, and AutoCAIi as required to expedite the work, and reproduction of reports. 7. Accuracy of Work. Engineer shall be responsible forthe accuracy ofthe work and the utilization of all determinant data, and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of Engineer without additional compensation. If the data or materials furnished by the City, and used in the conduct ofthis work are found to be in error, incorrect, or inappropriate, the City shall direct Engineer to modify, update, and/or correct the G; \ PRQJECfS\2002\ Ilpixie\ 1 i ftcontract.wsb. DOC 2 affected work product. All such corrective work performed by Engineer shall be considered to be additional services for which additional compensation shall be paid to Engineer on the basis of Engineer's standard fees or actual costs incurred. 8. Project Manager and Staffing. The Engineer has designated Costa Dimitracopoulos_ to serve on the Project. He shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Engineer may not remove or replace Costa Dimitracopoulos from the Project without the approval ofthe City. 9. Audit Disclosure. The Engineer shall allow the City or its duly authorized agents reasonable access to such of the Engineer's books and records as are pertinent to all services provided under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Engineer under this Agreement which the client requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Engineer shall become the property of the City upon termination ofthis Agreement, but Engineer may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from March 18.2002 through December 31. 2002, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because of the Engineer has failed to perform in accordance with this Agreem~nt, no further payment shall be made to the Engineer, and the City may retain another engineer to undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present engineer and a future engineer) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Engineer shall be responsible for the difference between the cost actually incurred and the Agreement amount. If the City incurs total costs for the work less than the maximum agreement amount, then the Engineer shall be paid for the reasonable value of its services rendered prior to the termination. 12. Subcontractor. The Engineer shall not enter into subcontracts for services provided under this Agreement except as noted in the scope of services, without the express written consent of the City. The Engineer shall pay any subcontractor involved in the performance of this Agreement within the (10) days of the Engineer's receipt of payment by the City for undisputed services provided by the subcontractor. If the Engineer fails within that time to pay the subcontractor any undisputed amount for which the Engineer has received payment by the City, the Engineer shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Engineer shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the G: \ PROJ8CTS\2 002\ llpixie\ 1 i ftcontractwsb. DOC 3 Engineer shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Engineer. At all times and for all purposes herein, the Engineer is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Engineer an employee of the City. 14. Non-Discrimination. During the perfonnance of this contract, the Engineer shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Engineer shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent ofthe other party. 16. Services Not Provided For. No claim for services furnished by the Engineer not specifically provided for herein shall be honored by the City. 17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the rem~ning provisions of this Agreement. 18. Elitire .Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof 'ls well as any previous agreements presently in effect between the parties relating to the su~ject 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. 19. Compliance with Laws and Regulations. In providing services hereunder, the Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. Any violation shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 20. 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. 21. Indemnification. Engineer agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from negligent acts or omissions (including without limitation professional errors or omissions) of the Engineer, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and G: \ PROJECTS\2002\ llpixie\ 1 iftcontractwsb. DOC 4 against all losses by reason of the failure of said Engineer fully to perform, in any respect, all obligations under this Agreement. 22. Insurance. A. General Liability. During the term of this Agreement, Engineer shall maintain a general liability insurance policy with limits of at least $600,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Engineer's coverage shall be the primary coverage in the event of a loss. A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker's Compensation. The Engineer shall secure and maintain such insurance as will protect Engineer from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Engineer's services under this Agreement. C. Professional Liability Insurance. The Engineer agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Engineer, if such legal li~bility is caused by a negligent error, omission, or act of the insured or any person or organization for whom the insured is legally liable. Said policy shall provide an aggregate limit of $1 ,000,000. The policy shall also insure the indemnification obligation contained in PC!Iagraph No. 21. 23. Records Access. The Engineer shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 24. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with performance of the Agreement shall become the property of the City. The City may use the information for its purposes. Such use by the City shall not relieve any liability on the part ofthe Engineer. 25. Governing Law. This Agreement shall be controlled by the laws ofthe State of Minnesota. G: \PROJECfS\2002\ Ilpixie\liftcontractwsb.OOC 5 ( Executed as of the day and year first written above. CITY OF PRIOR LAKE Mayor Approved as to Form and Execution: City Manager City Attorney WSB & ASSOCIATES, INC. By: Its: ( By: Its: co G; \PROJECTS\2002\ Ilpixie\ 1 i ftcontractwsb. DOC 6 ~. WSB & Associates, Inc. 4150 Olson Memorial Highway Suite 300 Minneapolis Minnesota 55422 763.541.4800 763.541.1700 FAX EXHIBIT nAn February 28, 2002 Ms. Sue McDermott, P.E. City Engineer City of Prior Lake 16200 Eagle Creek Ave SE Prior Lake, MN 55372-1787 RE: Lift Station No. 18 Proposal WSB Project No. 0024-02 Dear Ms. McDermott: WSB & Associates is pleased to submit this proposal for the preparation of final plans and specifications for the Lift Station No. 18 Rehabilitation project. Attached is the proposed scope of services, cost estimate, and schedule for this project. The project manager for this project will be Costa Dimitracopoulos. Costa will be responsible for completing the project and coordinating all activities of the WSB Project #. . - Team. During project development and completion, you may contact Costa directly at (763) 287-7187.. . Thank you for your consideration of WSB for your professional engineering services. We look forward to working with you and your staff on this project and any other projects iIi the future. If you have any questions or comments, or require any additional information, please do not hesitate to contact me at (763) 287-7195. Sincerely, WSB & Associates, Inc. <:::::: David E. Hutton, P.E. Municipal Manager Enclosures nm/sb P:\Prior LakelJ.ift Station lENi22702 .lIl/.d<l' Minneapolis. St. Cloud. Equal Opportunity Employer Proposal to Provide Professional Engineering Services for Lift Station No. 18 City of Prior Lake, MN Scope of Work WSB proposes to provide the following services to the City of Prior Lake for the rehabilitation of Lift Station No. 18 per a specific request by the City for preparation of final construction plans and specifications, along with providing construction services for this project. The specific tasks are outlined below: Work Tasks I. Design We will prepare final plans and specifications ready for bidding for the complete rehabilitation of Lift Station No. 18. The specific criteria that were given to us by the City for this project consists of the following points: . New pumps with running time meters for flow measurement. Add Lift Station No. 18 to existing City SCADA system. New electrical panel and panel location. Essentially rebuild what is out there now, but leave the same wet well manhole in place. Add a valve manhole. Include a permanent generator onsite in a weatherproof housing, including automatic transfer switch. Develop appropriate size for the forcemain necessary to provide discharge for the lift station. Provide piping stub for forcemain. . . . . . . It is our understanding that the City will be designing the street reconstruction in the .area and that the lift station project will be included in their overall bid. We will prepare the final construction plans for this part of the project and the special provisions for inclusion within the City's overall specifications and bid document. We will also provide an engineer's estimate at the time the plans are completed. The plans will be page numbered to the point where the City wants to insert them within their overall plans. No title sheet is required of our design. The special provisions shall be to the point where they can be inserted into the City's overall contract specifications. WSB will not be required to prepare the remainder of the street reconstruction specifications or general boiler plate contract language that the City utilizes. P:\Prior Lake'J.ift Station 18\';cope.doc II. Bidding Services During the bidding of the project, WSB will provide for engineering services to respond to questions regarding specifications dealing with the lift station design and to advise the City on issues related to this portion of the project. The City will be the lead agency in bidding this project on all plans and specifications, and bid documents will be reproduced and made available to the contractors by the City. Following receipt of the bids, WSB will make a recommendation as to the price associated with the lift station work and whether the prices are competitive and warrant awarding that portion of the project. It is not anticipated that WSB would have to attend any council meetings for this item, but if the City desires us to attend, we can do so at our normal hourly rates. III. Construction Services During construction of the project, we will provide construction related services associated with the lift station portion of the project, including, but not limited to the following items: . Shop drawing review and approval. Periodic construction observation during the construction period. This is not anticipated to be more than 20 hours. . Startup procedures and trouble-shooting at the conclusion of the project. . It is riot all:ticipated that contract administration will be required of WSB for this project. The City will be reviewi;ng and processing pay estimates as part of the overall City's project. WSB will provide a small amount of contract administration services in reviewing the pay estimate portion of the contract associated with the lift station and make a recommendation as to the advisability of payment. We anticipate project surveying and staking to be provided by the City. IV. Subconsultant WSB & Associates proposes to use Kaeding & Associates to provide the electrical design and construction services for this project. Kaeding & Associates is aware of Ron Smith's (System Controls) knowledge of the SCADA system. V. Time Table WSB will have the completed plans and specifications available for the City by April 12, 2002. P:\Prior Lake\Lift Station /8Iscope.doc VI. Fee The total estimated fee for this project will be broken down into two parts: (1) design, bidding, and construction services not including construction observation; and (2) construction observation services. Our fee for design, bidding, and construction services not including construction observation services is estimated to cost $14,013.00. We would propose an hourly "not-to-exceed" figure and only the actual hours charged to the project would be utilized up to this maximum amount. Our fee for the construction observation services portion of the project will be estimated at $1,240.00. Again, we would use an hourly "not-ta-exceed" figure and only bill the actual hours charged against the project. Please note that the construction observation services is based on a total of 20 hours and that can be adjusted at City Staff direction. Attached is our 2002 Fee Schedule, which establishes the hourly rates for this project. I hereby authorized WSB '& Associates to proceed with the services as outlined above. ~ Sue McDermott, P.E. City Engineer Date P:\Prior LakeIJ..ift Station Urucope.doc ~ WSB 2002 Rate Schedule &: Associates. Inc. Billillg Rate/Hour Sr. Project Manager Project ManagerlEngineering Specialist III Registered EngineerlEngineering Specialist II Project EngineerlEngineering Specialist I/Sr. Construction Observer Graduate Engineer Construction Observer Engineering Technician IV/Scientist III Engineering Technician III/Scientist II En~ineering Technician II/Scientist I Engineering Technician I Office Technician II Office Technician I Registered Land Surveyor Survey (Two-Person Crew) Survey (Three-Person Crew) GPS Equipment $108.00 $102.00 $94.00 $86.00 $77.00 $69.00 $60.00 $62.00 $57.00 $53.00 $47.00 $41.00 $50.00 $28.00 $97.00 $115.00 $135.00 $38.00 Principal Associate All costs associated with word processing, vehicle mileage, cell phones, reproduction of common correspondence and mailing are included in the above hourly rates. Reimbursable expenses include costs associated with plan, specification and report reproduction. Rate Schedule is adjusted annually. P:IMarke/ingITempla/e Tex/\2002 Fee Schedule.doc