HomeMy WebLinkAbout5H Wellhead Protection Plan Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 13, 2017
AGENDA #: 5H
PREPARED BY: BRIAN WELCH, INFORMATION SYSTEMS COORDINATOR
PRESENTED BY: BRIAN WELCH
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AWARDING A
CONTRACT TO BARR ENGINEERING TO COMPLETE PART 2 OF
WELLHEAD PROTECTION PLAN UPDATE
DISCUSSION: Introduction
The purpose of the agenda item is to seek City Council authorization to
enter into the City’s Standardized Contract with Barr Engineering to
complete Part 2 of the required updated to the City’s Wellhead Protection
Plan.
History
The State of Minnesota Department of Health (MDH) oversees and
enforces Minnesota Rules applying to public water supplies. The rules
require cities that use groundwater to develop a Wellhead Protection Plans
(WHPP) and to update it every 10 years. The WHPP uses well pumping
data and groundwater modeling to identify areas around the City’s drinking
water wells that may be vulnerable to infiltration of contaminants into the
city water supply. It catalogs land use and practices that may lead to
contamination. Completion of the Update makes the City eligible for MDH
grants to facilitate the removal or phase-out of potential contaminants in
the Wellhead Protection Zone. The City contracted with Barr Engineering
to complete the City’s original WHPP ten years ago.
The completed update to the WHPP is due to MDH Dec. 12, 2017. Part 1
of the Update is a technical report that summarized groundwater conditions
and possible future impacts on the aquifer via water level logs from existing
wells and computer modeling of the aquifer. Part 1 of the update was
completed by Barr Engineering and submitted to and approved by MDH in
late 2016. Part 2 of the Update is the implementation plan to identify
potential contamination risks within the Wellhead Protection Zone that was
defined during Part 1. Familiarity with the modeling results and
groundwater conditions facilitates the development of the implementation
plan.
Current Circumstances
In line with the City’s purchasing policy two quotes were obtained for the
consulting work to complete Part 1 of the update. Since that contract was
less than $20,000, by the City’s purchasing policy it did not require City
Council approval. Because Barr Engineering developed the regional
2
hydrologic model used by the Met. Council and because they did the
localized modeling for Part 1, they are in the best position to complete the
work for Part 2 of the Update. Moving to a different consultant could cause
delays and further expense as the new company has to get up to speed on
the results of Part 1.
In December 2016 City staff met with Karen Voz of MDH in a scoping
meeting where she laid out the requirements that the City must meet in
Part 2 of the Update. The City asked Barr Engineering to submit a quote on
the work to complete Part 2 and meet the requirements provided by MDH
at the scoping meeting. The bid from Barr to complete this work is
$23,190.00. City Council approval of the contract is required as it exceeds
$20,000.
Conclusion
The City has worked with Barr Engineering extensively in the past and the
company for its water planning and WHPP compliance. The company won
the contract to update the Met. Council’s regional hydrologic model that is
the basis for the localized modeling done for the WHPP. They are also
working with the City of Savage on their WHPP update. City Staff
recommends that Barr Engineering be awarded the contract to complete
Part 2 of the WHPP.
ISSUES: The City does not have the resources or the equipment to complete Part 2
of the WHPP Update with current staffing. The Update is required to be
submitted to MDH by December 12, 2017.
FINANCIAL
IMPACT:
The WHPP Update will be funded through the Water Enterprise Fund.
ALTERNATIVES: 1. Approval of a resolution as part of the consent agenda authorizing the
Mayor and City Manager to execute an a contract with Barr Engineering
to complete Part 2 of the Wellhead Protection Plan Update.
2. Remove this item from the consent agenda for additional discussion.
RECOMMENDED
MOTION:
Alternative #1
C:\Users\aschroeder\Desktop\17-XXX Wellhead Protection Plan.docx
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
A RESOLUTION AUTHORIZING THE EXECUTION OF THE CITY’S STANDARD
PROFESSIONAL SERVICES CONTRACT FOR PART 2 WELLHEAD PROTECTION
SERVICES FROM BARR ENGINEERING
Motion By: Second By:
WHEREAS, The City of Prior Lake owns and operates a public water supply; and
WHEREAS, Public water supplies are required by Minnesota Rules 4720.5130 to develop
a Wellhead Protection Plan (WHPP); and
WHEREAS, The City developed and adopted a WHPP in 2007 and is required to complete
a 10-year update in 2017; and
WHEREAS, The City is received a bid of $23,190.00 from Barr Engineering (which
completed Part 1 of the Update) to complete Part 2 of the WHPP Update; and
WHEREAS,
City Staff recommends award of the City’s Standardized Contract to Barr
Engineering for the City’s Wellhead Protection Plan Update.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and the City Manager are authorized to execute the City’s Standardized
Professional Services Agreement with Barr Engineering for an amount of $ 23,190.00.
3. Funding for these services will be drawn from Account # 601-49400.00-53100.80
Passed and adopted by the Prior Lake City Council this 13TH day of February, 2017
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
Standard Agreement for Professional Services
This Agreement (“Agreement”) is made on the ____day of February, 2017, between the City of
Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646 Dakota Street SE,
Prior Lake, MN 55372, and Barr Engineering Company, a Minnesota engineering firm (hereinafter
"Consultant") whose business address is 4300 MarketPointe Drive, Suite 200, Minneapolis, MN
55435.
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 agreements with the City. The purpose of this
Agreement is to set forth the terms and conditions for the provision of professional services by
Consultant for Wellhead Protection Plan Update Part 2 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 (Proposal for Wellhead Protection Activities) in connection with the Work. The
terms of this Agreement shall take precedence over any provisions of the Consultants
proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit
A Scope of Work, City reserves the right to reject any general conditions in such proposal.
2. Term. The term of this Agreement shall be from December 1, 2016 through December
31, 2017, 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.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $23,190.00 for the services as described in
Exhibit A.
A. Any changes in the scope of the work which may result in an increase to 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. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
Standard Agreement for Professional Services 2014.04 Page 2 of 8
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
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 or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
D. City'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, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
A. Progress Payment. 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
statements submitted for payment in compliance with Minnesota Statutes Sections
471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the
Consultant shall provide an itemized listing and such documentation as reasonably
required by the City. Each invoice shall contain the City’s project number and a
progress summary showing the original (or amended) amount of the contract,
current billing, past payments and unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include
the paid-to-date balance on the contract the following signed and dated statement:
“I declare under penalty of perjury that this account, claim, or demand is just and
correct and that no part of it has been paid.”
Standard Agreement for Professional Services 2014.04 Page 3 of 8
6. Project Manager and Staffing. The Consultant has designated Brian LeMon, P.E. and
John Greer, P.G. to serve on the Project. They shall be assisted by other staff members
as necessary to facilitate the completion of the Work in accordance with the terms
established herein. Consultant may not remove or replace the designated staff from the
Project without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Scott County, Minnesota. Consultant shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not
be reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Audit Disclosure and Data Practices. 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. 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 it were a government entity. All
subcontracts entered into by Consultant in relation to this Agreement shall contain similar
Data Practices Act compliance language.
9. 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 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 consultant to undertake or complete the W ork identified herein.
10. 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 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
Standard Agreement for Professional Services 2014.04 Page 4 of 8
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For 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.
11. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
12. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this
Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
Standard Agreement for Professional Services 2014.04 Page 5 of 8
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work
performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Prior Lake” as an additional
insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG
20 37 04 13, or their equivalent.
g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
h. All polices shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker’s Compensation Policy and the Professional Liability
Policy, shall be primary and non-contributory.
j. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement.
k. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
l. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non-
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
o. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
Standard Agreement for Professional Services 2014.04 Page 6 of 8
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and receipt
thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to
enforce the terms of Consultant’s obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney’s fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents, contractors
and employees, relative to this Agreement. City will indemnify and hold Consultant
harmless from and against any loss for injuries or damages arising out of the negligent
acts of the City, its officers, agents or employees.
14. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
Standard Agreement for Professional Services 2014.04 Page 7 of 8
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement (“Project”) does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
15. 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, sexual orientation 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. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement
17. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Prior Lake unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
19. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
20. 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.
Standard Agreement for Professional Services 2014.04 Page 8 of 8
21. 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.
22. 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.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
Executed as of the day and year first written above.
CITY OF PRIOR LAKE
__________________________ ___ _____
Mayor
______________________________ _____
City Manager
BARR ENGINEERING COMPANY
_______________________________________
By:
Its:
Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com
January 30, 2017
Ms. Katy Gehler, PE
Public Works & Natural Resources Director
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372-1714
Re: Revised Proposal for Part 2 Wellhead Protection Plan Amendment Assistance
Dear Ms. Gehler:
Per your request, this letter presents Barr Engineering’s updated proposal for preparing the Part 2
Wellhead Protection Plan amendment for the City of Prior Lake. The update to our January 3, 2017
proposal consists of adding a presentation on the wellhead protection plan amendment at a City Council
work session sometime prior to the required public hearing on the Part 2 Wellhead Protection Plan
amendment.
Our project understanding, proposed scope of professional consulting services, and the assumptions
upon which our cost estimate are based are presented below.
Project Understanding
Per the Minnesota Department of Health (MDH), the City of Prior Lake (City) must complete the process of
amending their Wellhead Protection Plan (WHPP) by December 12, 2017. Barr Engineering’s
understanding of the project and the scope of professional consulting services for preparing the
amendment of Part 2 of the City’s Wellhead Protection Plan (WHPP) are described in the following
paragraphs.
The development of Part 2 of a WHPP must be done according to the Wellhead Protection Rules. Per the
rules, Part 2 of the WHPP must include 1) an assessment of data elements relevant to the Plan, 2) an
inventory and mapping of potential contaminant sources within the Drinking Water Supply Management
Areas (DWSMAs) that were identified during development of Part 1 of the Plan, 3) a discussion of issues,
problems, and opportunities associated with the DWSMAs and the source water aquifers, 4) an
assessment of the impact on the public water supply wells of potential future changes in the DWSMAs,
5) identification of goals for the Wellhead Protection Program, and 6) development of management
strategies for addressing the identified potential contaminant sources.
Our scope of work presented below is based on our experience with developing Part 2 WHPPs and the
discussion at Scoping Meeting No. 2 held on December 14, 2016 at which John Greer of Barr was present
at your request. The MDH will provide the City with Scoping Decision Notice No. 2 within 30 days of the
scoping meeting. The Scoping Decision Notice will outline the requirements of Part 2 of the WHPP
amendment. If any of the requirements in the Scoping Decision Notice contradict one or more of our
assumptions in this proposal we reserve the right to modify our proposed scope of work and cost
EXHIBIT A
Ms. Katy Gehler, PE
January 30, 2017
Page 2
W:\Business Units\AR\Proposals\2016\P250.16 City of Prior Lake Part 2 WHPP Amndmnt\Barr_Pt2_WHPP_Amend_proposal_rev1_20170130.docx
estimate. The MDH Planner that will be responsible for reviewing the Part 2 of the Prior Lake WHPP is
Karen Voz.
Scope of Work Tasks and Assumptions
Barr Engineering’s scope of work is presented below.
Task 1: Attend Scoping Meeting No. 2
As noted above, Scoping Meeting No. 2 with the MDH was held on December 14. At your request, John
Greer of Barr attended the meeting
Task 1 Cost: $360 (completed)
Task 2: Potential Contaminant Source Inventory
The Wellhead Protection Rules require that potential contaminant sources within DWSMAs be inventoried.
Types of potential contaminant sources that must be inventoried depend upon the aquifer vulnerability
classifications within the DWSMAs. The aquifer vulnerability classification within the Prior Lake DWSMAs
range from Low to High. The aquifer vulnerability within the West DWSMA around Well 6 is classified as
Low. The aquifer vulnerability in the East DWSMA ranges from Low to High with the vulnerability in the
majority of the area classified as Moderate. The MDH will require that the potential contaminant sources
that must be inventoried include wells, storage tanks, chemical storage sites, dump a nd spill sites, septic
systems, hazardous waste generators, and Class V wells. Identification and verification of these locations is
known as a potential contaminant source inventory (PCSI). It is possible that not all potential contaminant
source types are present in the DWSMAs.
We have assumed that Barr will be responsible for compiling information on potential
contaminant source types in the DWSMAs from publicly available databases.
For WHPP amendments, the MDH requires that all potential contaminant source locations within
the boundaries of old DWSMAs be verified.
In addition, locations of a minimum of 25 of each type of potential contaminant source present
within portions of the new DWSMAs that are outside of the old DWSMA boundaries be verified
during development of the Part 2 Plan. If there are less than 25 of a particular type of potential
contaminant source, the MDH requires that all of the locations for that type of potential
contaminant be verified. For our cost estimate, we have assumed that Barr Engineering staff will
be responsible for completing the location verifications for each type of potential contaminant
source using GIS mapping techniques and, if necessary, local knowledge of City staff. We have
further assumed that field verification activities such as windshield surveys, door to door surveys,
or mail/telephone requests for information from property owners will not be necessary. We
propose to verify as many locations during preparation of the PCSI as can be done under our
proposed budget. If you prefer that City staff complete the location verification during
development of the Plan amendment Barr staff will provide guidance to City staff on how to
complete the location verifications. As discussed at Scoping Meeting No. 2, the City could pursue
a Source Water Implementation Grant from the MDH to cover updating the PCSI within the old
Ms. Katy Gehler, PE
January 30, 2017
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DWSMA boundaries since this activity is identified as a part of WHPP implementation in the City’s
existing Part 2 WHPP. (Please note that our cost estimate in this proposal assumes that no PCSI
work is performed under a grant from the MDH.)
We have assumed that the City will provide us with a copy of their existing Part 2 Wellhead
Protection Plan.
Task 2 Cost: $5,540
Task 3: Wellhead Protection Plan Part 2 Preparation
Barr Engineering will prepare, in consultation with the City, an initial draft of the Part 2 WHPP amendment
for City review. After addressing any City comments on the initial draft, Barr will provide a copy of the
draft Part 2 WHPP amendment via electronic means (i.e., email or ftp site) to the MDH for preliminary
review.
Barr Engineering will review MDH comments that come from the Department’s preliminary review of the
draft Part 2 WHPP amendment. Typically, any comments we receive on a draft Part 2 WHPP can be
addressed in less than five hours. We will discuss the MDH comments with City staff, make necessary
changes to the draft that result from MDH comments, and provide the City with CDs containing the draft
Part 2 Plan that the City will distribute to local governmental units (LGUs) whose jurisdictions overlaps the
DWSMAs. If requested, Barr will also provide the City with a template for a transmittal letter that could be
used by the City to send the draft Part 2 Plan to the LGUs. Please note that the Wellhead Protection Rules
require that the LGUs be given 60 days to review the draft Part 2 Plan.
Barr Engineering will address, in consultation with the City, any comments received from the LGUs and
prepare a final Part 2 WHPP amendment. Copi es of the final Part 2 Plan will be provided to the City on CD
for submittal to the MDH (note: the MDH requires submittal of six copies of the Part 2 Plan on CD; paper
copies will not be accepted). If you desire, Barr can submit the Part 2 WHPP amendment t o the MDH for
approval on behalf of the City. Paper copies of the final Part 2 Plan amendment can be provided for City
use at an additional cost.
We have assumed that the City will provide copies of documents such as the City’s Water Supply
Plan, Comprehensive Plan, etc. that may be of use in preparing the Part 2 WHPP amendment.
We have assumed that a meeting with MDH staff to discuss any comments arising from the
preliminary review will not be necessary. If such a meeting is necessary we will attend on a time
and expenses basis over and above our budget for this scope.
Task 3 Cost: $15,110
Task 4: Council Work Session Presentation and Public Hearing
The Wellhead Protection Rules require that the WHPP be presented at a Public Hearing. The MDH
requires that the Public Hearing be held prior to submittal of the Part 2 Plan to the MDH for approval. It is
our understanding that the City would like Barr to present the WHPP at a City Council work session.
Ms. Katy Gehler, PE
January 30, 2017
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Furthermore, we understand that the work session would be held in the weeks leading up to the public
hearing on the WHPP.
We have assumed that John Greer of Barr Engineering will present the Plan at the City Council
work session and at Public Hearing.
The City Council work session will last one hour.
Task 4 Cost: $1,080
Task 5: Project Administration
This task includes completion of necessary project administrative tasks.
Task 5 Cost: $1,100
Project Schedule
We have assumed that the plan amendment development and submittal tasks identified above will be
completed prior to the December 12, 2017 deadline for the City of complete amendment of Part 2 of the
WHPP. This schedule assumes the following: 1) City review of the draft Part 2 WHPP amendment will be
completed within 30 days of the date the City receives the draft, 2) preliminary MDH review of the draft
Part 2 WHPP amendment will be completed within 30 days of the date the draft is provided to the
Department, and 3) the public hearing will be held within 30 days after the 60 day local unit of
government review period.
Project Cost
As shown in Table 1 our estimated total for completed the Part 2 WHPP amendment is $22,650. As
discussed above, this estimated cost assumes that no portion of the costs for PCSI work would be
reimbursed to the City under grant from the MDH.
Contract Terms
The scope of professional consulting services we will provide for preparing the amendment of Part 2 of
the Prior Lake WHPP is described above. It is our understanding that the work will be performed under
the terms of the City’s Standard Agreement for Professional Services.
We understand that you and Brian Welch would have the authority to direct us. We would direct
communications to the City at the address on this letter. City direction to Barr would be provided to John
Greer at the letterhead address, via phone, or via email.
Thank you for the opportunity to provide you this proposal. If you have any questions regarding our
proposal, please feel free contact me (952-832-2774 or blemon@barr.com) or John Greer (952-832-2691
or jgreer@barr.com), the project manager who will work with you on this project.
Sincerely yours,
Ms. Katy Gehler, PE
January 30, 2017
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Barr Engineering Co.
By
Its Vice President
Brian LeMon
Principal
John Greer
Sr. Hydro-
geologist/
Project
Manager
Scientist/
Engineer GIS Admin
$175 $180 $125 $95 $90
Task Description
1 Attend Scoping Meeting No. 2
1a Attend Scoping Meeting No. 2 2 $360 $0 $360
$360 $0 $360
2 Potential Contaminant Source Inventory
2a Collect potential contaminant source data from public databases 1 8 $1,180 $0 $1,180
2b Potential contaminant source mapping and location verification 1 44 $4,360 $0 $4,360
$5,540 $0 $5,540
3 Wellhead Protection Plan Part 2 Preparation
3a Draft Plan development 72 15 $14,385 $0 $14,385
3b Final Plan development 1 2 2 $725 $0 $725
$15,110 $0 $15,110
4 City Council Work Session Presentation and Public Hearing
4a Present Wellhead Protection Plan at Public Hearing 6 $1,080 $0 $1,080
$1,080 $0 $1,080
5 Project Administration
5a Administration 1 4 2 $1,075 $25 $25 $1,100
$1,075 $25 $1,100
2 86 8 61 2 $23,165 $25 $23,190
Note: Estimated costs are based on Barr Engneering Co.'s 2017 billing rates.
Task 1 Subtotal
Task 5 Subtotal
Project Total
Task Total ($)
Personnel & 2017 Rates ($/hr)
Task 2 Subtotal
Task 3 Subtotal
Task 4 Subtotal
Table 1
Wellhead Protection Plan Part 2 Amendment Cost Estimate
City of Prior Lake
Barr Labor
Barr Labor
Subtotal
Barr Expenses
Estimated Labor (Hours)
Mileage &
Misc
Expenses Materials
Expense
Subtotal
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