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D-4. Lake Lucy Reservoir Reconditioning: Approval Consultant Contract0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us L,q MEMORANDUM TO: Todd Gerhardt, City Manager D FROM: Paul Oehme, Director of Public Works /City Engineer DATE: September 28, 2015 0� �- i SUBJ: Lake Lucy Reservoir Reconditioning: Approval of Consultant Contract - PW158C2 PROPOSED MOTION "Approve consultant contract with Kollmer Consultants, Inc. for the reconditioning of the Lake Lucy Reservoir in the amount of $81,200 ". City Council approval requires a simple majority vote of the City Council present. BACKGROUND The 3.5 million gallon Lake Lucy ground storage reservoir is located at 6581 Peaceful Lane and was constructed in 1987. The reservoir interior and exterior coatings are original with only minor exterior coating work completed in 2001. The coatings are now 28 years old and have served the City well having exceeded their expected design life of 25 years. A ROV (remotely operated underwater vehicle) inspection was completed in 2010 which showed only minor coating failure. The tank is beginning to show signs of flash rust. A minor recoating of the tank is not cost effective. Also, the interior of the tank coating needs to be replaced at this time. DISCUSSION The proposed project is to completely remove the old coating and repaint the interior and exterior of the tank. The tank is in a residential area so the tank will have to be fully covered while the old coating is being removed and the tank is being painted. Some small structural improvements are necessary at this time along with minor electrical improvements. Two cellular providers are located on the tank so the equipment will have to be temporarily relocated for the duration of the project. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Lake Lucy Reservoir Reconditioning: Approval of Consultant Contract September 28, 2015 Page 2 The City sent out request for proposals to select local consultant firms that specialize in reconditioning of water tanks. The scope of the consultant work in general includes: Reservoir Inspection (including a manned float down), Feasibility Report, Contract Documents, Bidding Services, Construction Administration, Construction Inspection and Project Closeout. The project is anticipated to take 14 weeks to recondition the tank. Each proposal received met the minimum requirements for the scope of services. The following are the proposed consultant fees: WSB /Badger Inspection $78,979 Kollmer Consultants, Inc. $81,200 KLM Engineering Inc. $89,132 Staff is concerned with the inspection team WSB/Badger State Inspection has proposed and therefor is requesting Kollmer Consultants, Inc. to complete the consultant work for this project. Kollmer Consultants have completed many similar recoating projects in the metro area. The most recent reconditioning projects have been in the Cities of Eden Prairie and Woodbury in 2014 and 2015. Staff has checked references with these cities. Kollmer's work has been acceptable. The consultant contract work will be contracted on a time and materials basis with a not -to- exceed amount. As with all City engineering contracts, the consultant must submit periodic invoices that staff will review before processing. The consultant will be required to submit timesheets verifying the hours worked on the project and expense sheets. Staff will review the invoices and expense sheets for accuracy and conformance to the contract. The City has the ability to stop the project at any time and is not obligated to pay for work not performed to the City's satisfaction. SCHEDULE Below is the proposed schedule: Inspection and Feasibility Report Complete Complete Contract Documents Bid Opening Construction Contract Award Construction Start Construction Substantial completion Attachments: Consultant Contract Resolution CIP No. W -041 c: Bob Kollmer, Kollmer Consultants, Inc. Kevin Crooks, Utility Superintendent October 16, 2015 October 29, 2015 November 19, 2015 December 14, 2015 April 2016 July 15, 2016 g: \eng \public\pw158c2 lake lucy reservior recoating \bkgd 92815 appv consultant contract.doc AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is made on the day of , 2015, between the CITY OF CHANHASSEN, a Minnesota municipal corporation, hereinafter called the "CITY ", and KOLLMER CONSULTANTS, INC., a Minnesota corporation, hereinafter called the "ENGINEER." The CITY and the ENGINEER agree as follows: 1. Contract Documents. The ENGINEER agrees to provide engineering services to the CITY in accordance with the following contract documents which are incorporated herein by reference: A. Agreement for Professional Engineering Services. B. Request for Proposal (RFP) Lake Lucy Reservoir Interior and Exterior Reconditioning ( "Request for Proposal "). C. ENGINEER'S September 10, 2015 Response to Request for Proposal including the attachments ( "Response "). In the event of conflict among the documents, the conflict shall be resolved in descending order of priority, with the document listed first having the highest priority and the document listed last having the lowest priority. 2. Payment. ENGINEER shall be paid for the services described in Paragraph 1 above, on an hourly basis in accordance with the hourly rates in the Response but not to exceed $81,200.00 inclusive of reimbursable costs and taxes, if any, and at a cost per Work Task not to exceed the amount set forth in the Response. These fees and costs shall not be adjusted even if the estimated number of hours to perform a task, the estimated number of meetings, or any other estimate, assumption or matter is wrong or exceeded. Subject to the limitations set forth above, if there is a proposed change in the scope of services, ENGINEER may request a change order pursuant to Paragraph 4 below and the services shall be provided on an hourly basis at the hourly rates set forth on the Proposal. 3. Method of Payment. ENGINEER shall request payment for services following completion of a Work Task as set forth in the Proposal. The CITY will normally make payment within thirty five (35) days of receipt of a properly itemized bill. 4. Change Orders. All change orders, regardless of amount, must be approved in advance and in writing by the Chanhassen City Council. No payment will be due or made for work done in advance of such approval. 183631v1 5. Warranty. ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of ENGINEER without additional compensation. ENGINEER shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No other warranty, expressed or implied, is included in this Agreement or in any drawing, specification, report, or opinion produced pursuant to this Agreement. 6. Subcontractor. The ENGINEER shall not enter into subcontracts for services provided under this Agreement without the express written consent of the CITY. The ENGINEER shall pay any subcontractor involved in the performance of this Agreement within ten (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 -1/2 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 ENGINEER shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 7. Independent Contractor. The CITY hereby retains the ENGINEER as an independent contractor upon the terms and conditions set forth in this Agreement. The ENGINEER is not an employee of the CITY and is free to contract with other entities as provided herein. ENGINEER shall be responsible for selecting the means and methods of performing the work. ENGINEER shall furnish any and all supplies, equipment, and incidentals necessary for ENGINEER'S performance under this Agreement. CITY and ENGINEER agree that ENGINEER shall not at any time or in any manner represent that ENGINEER or any of ENGINEER'S agents or employees are in any manner agents or employees of the CITY. ENGINEER shall be exclusively responsible under this Agreement for ENGINEER'S own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 8. Non- Discrimination. During the performance of this Agreement, the ENGINEER shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, sexual orientation, 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 provisions 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. 9. Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 2 1836310 10. Indemnification. The ENGINEER shall indemnify and hold harmless the CITY, MnDOT, Carver County, their officials, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder, to the extent caused by the negligent acts, errors or omissions, willful misconduct, or breach of any substantive provision of this Agreement by the ENGINEER, its officials, agents or employees in the execution, performance, or failure to adequately perform the ENGINEER'S obligations pursuant to this Agreement. 11. Insurance. A. General Liability. During the term of this Agreement, ENGINEER shall maintain a general liability insurance policy with limits of at least $2,000,000 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. The policy shall also insure the indemnification obligation contained in Paragraph 11 above. B. Worker's Compensation. The ENGINEER shall secure and maintain such insurance as will protect ENGINEER from claims under the Worker's Compensation Act 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 shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the CITY, in the insured's capacity as ENGINEER, 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 minimum limits of $2,000,000 with a deductible maximum of $125,000. D. Certificate of Insurance. A certificate of insurance on a form acceptable to the CITY which verifies the existence of this insurance coverage must be provided to the CITY before work under this Agreement is begun. The certificate shall provide that such insurance cannot be cancelled until after the CITY has received written notice of the insurer's intention to cancel the insurance. 12. 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 audits, examinations, excerpts, and transcriptions, for three (3) years after final payments and all other pending matters related to this Agreement are closed. 3 183631v1 13. Minnesota Government Data Practices Act. ENGINEER must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the CITY pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the ENGINEER pursuant to this Agreement. ENGINEER is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event ENGINEER receives a request to release data, ENGINEER must immediately notify CITY. CITY will give ENGINEER instructions concerning the release of the data to the requesting parry before the data is released. ENGINEER agrees to defend, indemnify, and hold CITY, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from ENGINEER'S officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 14. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with the performance of the agreement shall become the property of the CITY. The CITY may use the information for its purposes. Any modifications made by the CITY to any of the ENGINEER'S documents without written authorization or adaptation by the ENGINEER will be at the CITY'S sole risk and without liability to the ENGINEER. 15. Copyright/Patten. ENGINEER shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the CITY from loss or damage resulting there from. 16. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this contract shall be venued in the Carver County District Court. 17. Permits. ENGINEER shall obtain all necessary permits required for completion of ENGINEER'S services. 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. Termination. CITY may terminate this Agreement without cause by written notice delivered to the ENGINEER. . 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 the ENGINEER has failed to perform in accordance with this Agreement, no further payment shall be made to the ENGINEER, and the CITY may 4 183631v1 retain another contractor to undertake or complete the work identified in the Contract Documents. 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 the not to exceed amount specified in paragraph 3 above, then the ENGINEER shall be responsible for the difference between the cost actually incurred and the Agreement amount. CITY OF CHANHASSEN . :1, 1 Denny Laufenburger, Mayor Todd Gerhardt, City Manager KOLLMER CONSULTANTS, INC. 5 1836310 Its CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: September 28, 2015 RESOLUTION NO: MOTION BY: SECONDED BY: 2015 -XX A RESOLUTION APPROVING CONSULTANT CONTRACT WITH KOLLMER CONSULTANTS, INC. FOR THE RECONDITION OF THE LAKE LUCY RESERVOIR PW158C2 BE IT RESOLVED that the City of Chanhassen enter into a consultant agreement with Kollmer Consultants, Inc. for the following scope of work: The consultant work in generally includes: Reservoir Inspection (including a manned float down), Feasibility Report, Contract Documents, Bidding Services, Construction Administration, Construction Inspection and Project Closeout. NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council: 1. Enter into a consultant contract with Kollmer Consultants, Inc. to provide the general services necessary for reconditioning the Lake Lucy Reservoir. Passed and adopted by the Chanhassen City Council this 28th day of September, 2015. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT Projects By Funding Source City of Chanhassen, MN F oject # W -041 oject Name Repaint Lake Lucy Water Stand Pipe Account #1 700 - 7025.4751 Account #2 Account #3 Account #4 2015 thru 2019 Department Water System Improvements Contact Paul Oehme Type Improvement Useful Life 1,100,000 2016 2017 Category Utilities Priority n/a cription I Total Project Cost: $1,100,000 project will remove the existing exterior paint and repaint the interior and exterior surfaces of the Lake Lucy stand pipe. The exterior paint les of the tank show the prime coat is too weathered to repaint and the existing paint has heavy metals and needs to be removed. Also, a tural analysis of the tank has shown supports in the interior of the tank need to be replaced. The tank was constructed in 1987 with an exterior ng placed in 2001. The base coat is now 27 years old and has served the City well, having exceeded the service life of 20 years. Justification An inspection report will be drafted prior to construction justifying the work. The tank was last painted in 2001. Expenditures 2015 2016 2017 2018 2019 Total Construction 1,100,000 1,100,000 Total Funding Sources 2015 1,100,000 2016 2017 1,100,000 2018 2019 Total Water Utility Fund 1,100,000 1,100,000 Total 1,100,000 1,100,000 Budget Impact/Other I I 114