HomeMy WebLinkAbout9A - Potable Water Comp Plan Up
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
November 1, 2004
9A
Bud Osmundson, Director of Public Works
Frank Boyles, City Manager
CONSIDER APPROVAL OF A RESOLUTION CANCELING THE
PROFESSIONAL SERVICES CONTRACT WITH WSB &
ASSOCIATES AND EXECUTING A PROFESSIONAL SERVICES
CONTRACT FOR THE POTABLE WATER SYSTEM
COMPREHENSIVE PLAN UPDATE WITH ENGINEERING
RESOURCES, INC.
HISTORY
In December 2003, the City contracted with WSB & Associates to complete
an update to the Comprehensive Plan for the Potable Water System (the
"Plan"). This Plan guides the extension of the water system into new
developments plus locates the installation of new wells, storage facilities,
and trunk water main. This Plan was last updated in 1995/1996. Since that
time the City has grown from a population of 13,000, pumping about 400
million gallons per year from City wells, to a City of about 19,000, pumping
about 700 million gallons per year. In addition, the City has begun the
process of annexing about 3000 acres into the City over the next 20 years
which will be provided potable water. Staff has identified the need to update
the potable water system plan in the Capital Improvement Plan in 2004,
while continuing to address our potable water needs through (1) increasing
our pumping capacity; (2) promoting conservation; (3) advancing education
of potable water issues; and (4) communicating this information to the
public.
In September 2004, the two principal engineers that were working on the
Plan for WSB & Associates left the company and started their own firm,
Engineering Resources, Incorporated. This left the City and WSB in a lurch
as to completing the plan in a timely manner, since the two principals had
been educated through the work about the intricacies of Prior Lake's water
system and future needs, and staff felt we could not delay the work for
months bringing up to speed other engineers on these details. We have
discussed various options with both companies to complete the Plan.
The purpose of this item is to cancel the contract with WSB and Associates
and to execute a new contract with Engineering Resources, Inc. to provide
engineering services to update the City's Comprehensive Potable Water
System Plan (CPWSP). Attached is a copy of a letter from WSB requesting
www.cilj)ofpriorlake.com
H. 8:....~..hv..:;.bl... l3J~L.......pb.... Ht'.;h.t%. :883 8L\6~'.d1. ~w._~ ',1;SB a g..~d I>... Ern: 11 81 81.B8G
Phone 952.440.9675 / Fax 952.440.9678
to be released from their contract and a copy of Engineering Resources'
proposal, plus a signed contract from Engineering Resources.
FINANCIAL
IMPACT:
The original contract with WSB to complete the Comprehensive Water Plan
update was for $59,500. There is an unused balance of $23,800 remaining.
Engineering Resources has agreed to complete the Plan for this remaining
amount. The funding for the project is coming from the Trunk Reserve fund,
since the plan addresses the installation of new trunk water facilities.
ALTERNATIVES:
There are two alternatives for the City Council to consider:
1. Approve a resolution which authorizes the City to cancel the contract
with WSB & Associates, and execute a new contract with Engineering
Resources, Inc. to provide engineering services for the update of the City
Comprehensive Potable Water System Plan for a fee not to exceed
$23,800.00.
2. Deny this item for a specific reason and provide staff with direction.
RECOMMENDED
MOTION:
Staff recommends adoption of Alternative No. 1.
ACTION REQUIRED:
Frank
REVIEWED BY:
2
U:\OstllWldson\Water System\Plan Update 2003-04\Agenda cance WSB & award to ERI 1I-OI-04.DOC
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 04-XX
A RESOLUTION CANCELING THE CONTRACT WITH WSB & ASSOCIATES
AND EXECUTING A CONTRACT WITH ENGINEERING RESOURCES, INC.
TO PROVIDE ENGINEERING SERVICES FOR THE UPDATE OF THE
COMPREHENSIVE POTABLE WATER SYSTEM PLAN
MOTION BY:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
SECOND BY:
City staff has identified the need for updating the Comprehensive Potable Water
System Plan and;
The adopted Capital Improvement Plan for 2004-2008 has identified this project
as a priority for the City, and;
Engineering services including water system modeling and extensive knowledge
of potable water systems are required for this project, and;
In December 2003, the City contracted with WSB & Associates to complete the
Comprehensive Potable Water System Plan update, and;
In October 2004, WSB & Associates has requested to be released from their
contract due to staffing and timing concerns, and;
City Staff has solicited Engineering Resources, Incorporated to complete the
plan for the remaining amount in the original contract, to which they have
responded positively.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA that:
I. The recitals set forth above are incorporated herein.
2. The contract with WSB & Associates to complete the Comprehensive Potable Water
System Plan update is hereby canceled.
3. The Mayor and City Manager are authorized to execute the City's standard
professional services contract with Engineering Resources, Inc. to provide engineering
services for the Comprehensive Potable Water System Plan for a total fee not to exceed
$23,800.00.
4. The funding for the contract is to be drawn from the Trunk Reserve Fund.
Passed and adopted this 1st day of November 2004.
YES NO
{Seal}
Blomberg Blomberg
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
City Manager
www.ciiYofpriorlake.com
1:J.,8~...~.<b.u.;':.rgt.... s,~t......'.Plg.. BI'd1.t...~88~ 8L'.~~..<b. .__. '.\'SB &. j~! :ERIII gl 91.g9~
Phone 952.440.9675 / Fax 952.440.9678
..
WSB
& Associates. Inc.
",...,
XXf
:t
,
~
L
l'
iti-:;:^'
.',.;,i
4150 "Ol,on
......',.
MemJ;i'a(;:f1'rghway
SUite 300;
~inneapolis
!
tf{tinri'~sbta
, \~
'1.
5~422
\
763,541":4800
763.541.1700 FAX
"f(:\'-
~;;\0
October 18, 2004
Mr. Bud Osmundson, P.E.
Public Works Director
City of Prior Lake
17073 Adelmann St.
Prior Lake, MN 55372
Re: Comprehensive Water Plan
City of Prior Lake, MN
WSB Project No. 1578-00
Dear Mr. Osmundson:
Please be advised that WSB & Associates regretfully requests to be released from our
contractual obligations to complete your Comprehensive Water System Plan.
Recently, project personnel that have worked exclusively on your comprehensive water
plan have left WSB & Associates and currently we do not have the available personnel or
resources to complete the study. We are attempting to add additional employees in our
Water Group, but that takes time and therefore, we do not feel we can complete your
project within your desired timeframes.
WSB has also attempted to add a sub-consultant familiar with the project to our team to
finish this project, but have not met with any success. At this point, we have exhausted all
our available options short of hiring a sub-consultant with limited knowledge of the project
and therefore cannot complete this study within your desired timeframe. Attached is a
copy of the final invoice for this project showing a budget balance of $23,876.85 to
complete this study. Please let us know if you need WSB to participate in the cost of
getting a new consultant up to speed. We do not want the City to be liable for additional
costs due to this unavoidable situation. WSB will cooperate fully in providing all project
files to you in order to finish the study. Please furnish us a request for the specific
information you need from our files.
We sincerely appreciate the good working relationship WSB & Associates has developed
with the City of Prior Lake. While we are very disappointed that we can not finish the
project for the City, we have worked hard to rectify the situation but did not receive
cooperation from our former staff. We will be fully staffed in the future and will be
available for other water related projects if you desire. Please do not hesitate to keep us in
mind for all your future engineering needs.
Minneapolis. St. Cloud. Equal Opportunity EmPfolf~fVlMJ578-00\LTR~BOsmulldsol1-IO]804.doc
~--,-,-----'-'--'---'-'--'-'-~~----~--"---'-'-"--'--'-,._--~-_._._---_._.,-_.,._---_.__.__..~-"-
Mr. Bud Osmundson, P.E.
October 18, 2004
Page 2
Please contact me at 763-287-7195 if you have any questions, comments, or concerns.
Thanks for your understanding.
Sincerely,
~
David E. Hutton, P.E.
Vice President/Municipal Manager
Attachment
cc: Bret Weiss, WSB & Associates, Inc.
tsh
F:IWPWlMJ578_00\LTR _ BOsmundson - J01804.doc
---~._--- ----------~--- --- ------
Engineering Resources, Inc.
October 26, 2004
Mr. Bud Osmundson, P.E.
Public Works Director
City of Prior Lake
17073 Adelmann Street SE
PriorLake,MN 55372-1714
RE: Comprehensive Water System Plan Update
Dear Mr. Osmundson:
Engineering Resources, Inc. is pleased to submit this proposal/agreement to the City of
Prior Lake, Minnesota, to provide professional engineering services as they relate to the
completion of the update to the Comprehensive Water System Plan and associated water
system rate structure.
Engineering Resources, Inc. will complete the Comprehensive Water System Plan
Update in accordance to the original signed agreement between the City of Prior Lake
and WSB & Associates, Inc. dated December 2003. A copy of this agreement is attached
for completeness.
Engineering Resources, Inc. will complete the Comprehensive Water System Plan on an
hourly basis for an estimated fee of $23,800, assuming the City of Prior Lake is able to
provide us with the following information (Engineering Resources, Inc. hourly rates are
attached for your review):
I) Existing system watercadd in digital form, including all iterations, and all
associated files (located within WSB project number electronic files).
2) Word and Excel electronic files with population, land use and water demand
forecasts (located within WSB project number electronic files).
3) All large rolls of maps and drawings from Costa's old WSB office related to Prior
Lake. These were located against the hallway wall, and directly in front of
Costa's desk. Many of these drawings have important hand written notes and
colored highlighting on them.
4) All Prior Lake files and notebooks on top of Costa's old bookcase in his old WSB
office. These were all related to the comp water plan.
5) All Prior Lake files related to the comp water plan located in Costa's old WSB
metal filing cabinets, filed under Prior Lake.
Engineering Resources, Inc. will complete their work within two months ofyoar
authorization to proceed.
P.O. Box 41158 . Plymouth, MN 55441
www.erieng.com
Mr. Bud Osmundson, P.E.
October 26, 2004
Page 2
Monthly project invoices for services and reimbursables are due within 30 days after
receipt of Engineering Resources, Inc.'s invoice.
Thank you for the opportunity to be of service to you. If you have any comments or
question please don't hesitate to call Costa Dimitracopoulos at (612)280-2155.
Sincerely,
Engineering Resources, Inc.
~cflM~
Costa Dimitracopoulos, P.E.
President
Attachments
Engineering Resources, Inc.
Rate
Schedule
2004 Rate Schedule
Name
Hourly Rate
Costa Dimitracopoulos, P.E.
Jason Benson, P.E.
$120
Jayme Klecker, P.E.
$105
$95
* Rates shall be adjusted on January 1 't, 2005.
Rate Schedule
Page 1 of 1
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 1st day of November, 2004, 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 Engineering Resources, Incorporated, Minnesota corporation (hereinafter
" Consultant") whose business address is PO Box 41158, Plymouth, MN 55441.
PRELThfiNARVSTATEMENT
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 agreements with the City. The purpose of this agreement is to
set forth the terms and conditions for the provision of engineering professional services by Consultant for
the update of the Comprehensive Potable Water System Plan hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit
" A" in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described in
Exhibit A and complete them by December 31, 2004.
3. Compensation for Services. City agrees to pay the Consultant a fee not to exceed $23,800.00 for
the services as described in Paragraph I (and Exhibit A).
A. Any changes in the scope of the work which may result in the compensation due the
Consultant shall require prior written approval by an authorized representative of the City
or by the City Council. The City will not pay additional compensation for services that
do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the Scope of
the Work and to perform the following services:
last revised Oct. 2000
I
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary the City
shall obtain access to and make all provisions for the Consultant to enter upon public and
private lands or property as required for the Consultant to perform such services
necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to
all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria,
including but not limited to, design and construction standards they may require in the
preparation of the report 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 performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant 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 Pavment. For work reimbursed on an hourly basis, the Consultant 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. Consultant 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 Consultant shall provide such documentation as
reasonably required by the City.
B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned
or suspended in whole or in part by the City, the Consultant 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. Pavments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed
for the work of special consultants, as described in Section 3B, and for other items when
authorized in writing by the City. Such items shall include: transportation of principals
and employees on special trips to the Project or to other locations, materials and supplies,
and AutoCAD as required to expedite the work, and reproduction of reports.
last revised Oct. 2000
2
7. Project Manager and Staffing. The Consultant has designated Costa Dimitracopoulos, P.E.and
Jayme Klecker, P.E. to serve on the Project. They shall be assisted by other staff members as
necessary to facilitate the completion of the Project in accordance with the terms established
herein. Consultant may not remove or replace Costa Dimitracopoulos from the Project without
the approval of the City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Minnesota for professional services of the like kind.
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such of the Consultant'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 Consultant under this Agreement which the City 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 Consultant shall become the property of the City upon termination of
this Agreement, but Consultant may retain copies of such documents as records of the services
provided.
10. Term. The term of this Agreement shall be from November 1, 2004 through December 31,
2004, 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.
II. 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 Consultant, the Consultant 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 Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain another
contractor 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 contractor and a future
contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3,
then the Consultant shall be responsible for the difference between the cost actually incurred and
the Agreement amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this
Agreement except as noted in the Scope of Work, without the express written consent of the
City. The Consultant shall pay any subcontractor involved in the performance of this Agreement
within the ten (10) days of the Consultant's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Consultant fails within that time to pay the
subcontractor any undisputed amount for which the Consultant has received payment by the City,
the Consultant 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
last revised Oct. 2000
3
an unpaid balance of $100 or more is $10. F or an unpaid balance of less than $100, the
Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs
and disbursements, including attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be construed
so as to fmd the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant 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 Consultant 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 Consultant 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 of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant 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 remaining provisions of this Agreement.
18. Entire 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 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.
19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant 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.
last revised Oct. 2000
4
21. Indemnification. Consultant 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 an act or omission
(including without limitation professional errors or omissions) of the Consultant, its agents,
employees, or subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any respect, all
obligations under this Agreement.
22. Insurance.
A. General Liabilitv. During the term of this Agreement, Consultant 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 Consultant's coverage shall be the primary coverage in the event of a
loss. The policy shall also insure the indemnification obligation contained in Paragraph
No.2!. 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 Consultant shall secure and maintain such insurance as will
protect Consultant 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
Consultant's services under this Agreement.
C. Professional Liabilitv Insurance. The Consultant 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
Consultant, if such legal liability is caused by an error, omission, or negligent 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.
23. Records Access. The Consultant shall provide the City access to any books, docwnents, 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 of the Consultant.
25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
last revised Oct. 2000
5
Executed as of the day and year first written above.
Reviewed for form:
/1J! {)~tI#~
Bud Osmundson, P.E.
Director of Public Works
last revised Oct. 2000
CITY OF PRIOR LAKE
Frank Boyles
City Manager
Jack Haugen
Mayor
Engineering Resources, Inc.
By: ~~ fl-d'-'r-.4. ID/z'/z-.t
Its: ;;1.
By:
Its:
6