CR 98-148 Approve Contract Phase II Sump Pump Inspection ProgramSept 10, 1998
Council Report 98 -148
Approve Contract for Phase II Sump Pump Inspection Program
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize
the Mayor and City Manager to enter into an agreement with Howard R. Green
Company for completion of Phase II of the sump pump inspection program.
Overview.
On November 4, 1997 City Council authorized Phase I of a city-wide sump pump
inspection program. Phase I covered two distinct areas of the city. Sump pump
inspections in these areas were completed in accordance with the City Council
resolution, passed in November, 1997, which outlined an action plan to alleviate
flooding problems in certain areas of the city. Staff presented the Phase I results
to Council on July 21 and is requesting approval for Phase II of the program,
which will complete the city -wide inspection program.
Primary Issues to Consider.
Overview of Phase I Inspection Results
Current status of Phase I area compliance
Phase II cost, funding and schedule.
Supporting Information.
Howard R. Green Agreement & work plan
CERTIFIED MAIL Resident Notification letters
Steven J. Stadler, Public Works Director
Council Report 98 -148
Page 2
Analysis of Issues.
Overview of Phase I inspection results
Number of locations inspected: 575
Number of locations not inspected: 12
Number of locations with sump pumps discharging to sanitary sewer: 9
Number of locations with reported water flowing over basement floor : 16
Estimated annual discharge into sanitary sewer based on known sump pump
discharge locations only: 3,300,000 gallons*
Estimated annual treatment cost savings: $4,400*
(9 locations x 10 gal /min avg. discharge rate x 62 "wet" days /year x 10 hrs /day
run time x 60.min /hr x $.0013 /gallon MCES charge)
*Amounts do not include clear water discharge into sanitary sewer from flow over
basement floors
Current status of Phase I area compliance
At the July 21 City Council meeting staff reported that 32 properties had not yet
been inspected or required a second inspection. Closer review of the data base
yielded a couple entry errors and several erroneous PID /address entries. This
reduced the number of properties requiring further action from 32 to 20.
A letter was sent to these 20 properties on July 28, 1998. As a result, an
additional 5 property owners came into compliance.
Staff then determined that there was sufficient cause (verification of prior notices
and letters) to send certified letters to 10 residents requiring a response by Sept
14 As of Sept 10 four of these property owners have responded. A copy of
these certified letters are attached.
Phase II cost, funding and schedule
The fee for contract completion of Phase II inspections. i.e., the remainer of the
city, is $81,854.
Metropolitan Council Environmental Services (MCES) has approved a $40,000
loan to the city of Hopkins. The loan will become a grant provided the city submit
annual documentation of random re- inspection for five years after completion of
the program.
The balance of the fee ($42,000) will be paid from the 1999 sanitary sewer utility
fund budget.
The Phase 11 inspection program will run from December, 1998 through April,
1999.
July 14, 1998
File: 802430J
Steve Stadler
Public Works Director
City of Hopkins
1010 — First Street
Hopkins, MN 55343
Howard R. Green Company
CONSULTING ENGINEERS
RE: SUMP PUMP PROGRAM — PHASE II
CITY OF HOPKINS, MINNESOTA
Dear Mr. Stadler,
Per your request, I have prepared three copies of the Agreement between the City of Hopkins
and Howard R. Green Company for Phase 1I of the City's Sump Pump Inspection Program.
This agreement is based on the December 22, 1997, letter outlining the work plan for Phase II.
I look forward to working with you on the next phase of the project. Please return all three
originals with your signatures. I will return a completed copy to you after Howard R. Green
Company executes them.
Please call me with any questions.
Sincerely,
Howard R. Green Company
Thomas J. K 1dunski, PE
Project Manager
TJK:mw
Enclosures
0:\proj\802430J\430-1404.jul
1326 Energy Park Drive • St. Paul, MN 55108 • 612/644 -4389 fax 612/644 -9446 toll free 888/368 -4389
CONSULTING ENGINEERS
Formerly MSA
Consulting Engineers
HOWARD R. GREEN COMPANY
PURCHASE ORDER
THIS AGREEMENT, made this 21 day of Jul y , 199 8 by and between, the City of Hopkins
(hereafter "CLIENT "), and HOWARD R. GREEN COMPANY (hereafter "HRG "), for professional services
concerning the City of Hopkins — Sump Pump Inspection Program — Phase II
HRG Project Number 802430J .
(Describe the Project).
The CLIENT agrees to employ HRG to perform the following services: Engineering Consulting
Services for the City's Sump Pump Inspection Program as outlined in the December 22, 1997, project work
plan for Phase II
(Describe Services).
In consideration for these services, the CLIENT AGREES to pay HRG on the following basis:
(Indicate Payment Method)
[ ] Lump sum in the amount of
[ ] Per current Rate Schedule with an estimated fee of
[X] Other as stated here: Estimated fee of $81,854.00 based on the budget as detailed in the project
work plan dated December 22, 1997, subject to actual number of inspections completed by Howard
R. Green Company.
The Schedule of Fees and Conditions of HOWARD R. GREEN COMPANY (attached hereto) are
incorporated into this AGREEMENT and made a part of it.
*CLIENT* *HRG*
HOWARD R. GREEN COMPANY
By: By:
Its: Its:
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A. FEES AND PAYMENT
1. • The fee for services will be based on Howard R. Green Company's (hereafter "HRG ") standard hourly rates current at the time the work is done. These
standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (1) living and
traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses;
(3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the
work is done.
SCHEDULE OF FEES AND CONDITIONS
HOWARD R. GREEN COMPANY
2. Payment shall be due within thirty (30) days after date of monthly invoice describing the work performed and expenses incurred during the preceding
month.
3. CLIENT agrees that timely payment is a material term of this Agreement and that failure to make timely payment as agreed constitutes a breach hereof.
In the event payment for services rendered has not been made within thirty (30) days from the date of invoice, HRG may, after giving seven (7) days
written notice to CLIENT and without penalty or liability of any nature, and without waiving any claim against CLIENT, suspend all work on all authorized
services as set forth herein. Upon receipt of payment in full for services rendered, plus interest charges, HRG will continue with all services not
inconsistent with Article C.4 herein. Payment of all compensation due HRG pursuant to this Agreement shall be a condition precedent to CLIENT using
any of HRG's professional services work products furnished under this Agreement.
4. In order to defray carrying charges resulting from delayed payments, simple interest at the rate of eighteen percent (18 %) per annum (but not
exceeding the maximum rate allowed by law) will be added to the unpaid balance of each invoice. The interest period shall commence thirty (30) days
after date of original invoice and shall terminate upon date of payment. Payments will be first credited to interest and then to
principal. No interest charge will be added during the initial thirty (30) day period following date of invoice.
B. COMMENCEMENT OF WORK. The work will be commenced immediately upon receipt of this signed purchase order. If after commencement
of work the project is delayed for any reason beyond the control of HRG for more than sixty (60) days, the terms and conditions contained herein are subject
to revision. Subsequent modifications shall be in writing and signed by the parties to this Agreement.
C. MISCELLANEOUS PROVISIONS
1. BOOKS OF ACCOUNT. HRG will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses. Said books and
accounts will be available at all reasonable times for examination by CLIENT at the corporate office of HRG.
2. INSURANCE/INDEMNIFICATION /RISK ALLOCATION
(a) HRG will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury,
death, or property damage arising from the negligent performance by HRG's employees of the functions and services required under this
Agreement.
(b) HRG is skilled in the professional calling necessary to the services and duties proposed to be performed, and that it shall perform such services
and duties in conformance to and consistent with the standards generally recognized as being employed by professionals of HRG's same locality,
and to that end HRG agrees to purchase insurance for HRG, its officers, and employees from and against any and all liability, claims, suits, loss,
damages, costs, and expenses arising out of or resulting from any negligent acts, errors, or omissions of HRG, its officers and employees, in the
performance of their services and duties hereunder, but not from the negligence or willful misconduct of CLIENT, its officers, and employees.
Notwithstanding the existence of professional liability insurance, the total aggregate of HRG's, its employees, officers, directors, agents, or
consultants, liability to all parties related to this Agreement shall not exceed $50,000.00, or the amount of HRG's fee, whichever is Tess.
(c) CLIENT hereby understands and agrees that HRG has not created nor contributed to the creation or existence of any or all types of hazardous or
toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at
CLIENT's premises, or in connection with or related to this project with respect to which HRG has been retained to provide professional
engineering services. The compensation to be paid HRG for said professional engineering services is in no way commensurate with, and has not
been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such
substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold HRG, its officers,
directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or
consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or
saturation of smoke, vapors, soot, fumes, acid, alkalies, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants
in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or
intangible matter, whether sudden or not.
(d) Nothing contained within this Agreement shall be construed or interpreted as requiring HRG to assume the status of a generator, storer,
transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., § 6901 et seq., as
amended, or within any State statute governing the generation, treatment, storage, and disposal of waste.
(e) Notwithstanding any provisions in this Agreement to the contrary, if this project involves construction, as that term is generally understood, and
HRG does not provide engineering services during construction, including, but not limited to, observation, site visits, shop drawing review, and
design clarifications, CLIENT agrees to defend, indemnify, and hold HRG, its consultants, agents, and employees harmless from any and all
liability arising out of this project or Agreement.
(f)
HRG shall not be liable for damages arising out of or resulting from the actions or inaction of governmental agencies, including, but not limited to,
permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or
consolidations, use or conditional use permits, and building permits. CLIENT agrees to defend, indemnify, and hold HRG, its consultants, agents,
and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of HRG, arising out of or
resulting from the same.
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3. DOCUMENTS
(a) The CLIENT acknowledges HRG's construction documents as instruments of professional service. Nevertheless, the plans and specifications
prepared under this Agreement shall become the property of the CLIENT upon completion of the work and payment in full of all monies due to
HRG. The CLIENT shall not reuse or make any modifications to the plans and specifications without the prior written authorization of HRG. The
CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold HRG harmless from any claim, liability or cost (including reasonable
attorneys' fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modifications of the construction documents by the
CLIENT or any person or entity that acquires or obtains the plans and specifications from or through the CLIENT without the written authorization
of HRG.
(b) All computer programs, work product, inventions, patents, copyrights, software, and other like data developed during the course of the project, are
and shall remain the sole property of HRG.
(c) HRG's liability to CLIENT for any computer programs, software products, or related data furnished hereunder is limited solely to the correction of
residual errors, minor maintenance, or update(s) as agreed. HRG makes no warranties of any kind, including any implied warranty of
merchantability or of fitness for any particular purpose, or against infringement, with respect to computer programs, software products, related
data, technical information, or technical assistance provided by HRG under this Agreement. In no event shall HRG, its officers, agents, or
employees be liable under or in connection with this Agreement under any theory of tort, contract, strict liability, negligence, or other legal or
equitable theory for incidental or consequential damage relating to any work performed or not performed, services, acts or omissions, computer
programs, software products, or related data furnished hereunder.
(d) Environmental Audit/Site Assessment report(s) are prepared for CLIENT's sole use. CLIENT agrees to defend, indemnify, and hold HRG, its
consultants, agents, and employees harmless against all damages, claims, expenses, and losses arising out of or resulting from any reuse of the
Environmental Audit/Site Assessment report(s) without the written authorization of HRG.
4. TERMINATION OR ABANDONMENT. If any portion of the work is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and
Conditions in regard to compensation and payment shall apply insofar as possible to that portion of -the work not terminated or abandoned. If said
termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on HRG's
reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse HRG for termination
costs.
5. ATTORNEY FEES. If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award
reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by
any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith.
6. WAIVER. HRG's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other
term, condition, or covenant, or the breach thereof.
7. ENTIRE AGREEMENT. This Agreement, and its attachments, constitutes the entire understanding between CLIENT and HRG relating to
professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein
are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the
CLIENT, its officers, agents, or employees request HRG to perform extra work or services pursuant to this Agreement, CLIENT will pay for the
additional services even though an additional written Agreement is not issued or signed.
8. SUCCESSORS AND ASSIGNS. All of the terms, conditions, and provisions hereof shall insure to the benefit of and be binding upon the parties hereto,
and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the
parties to this Agreement.
9. OPINION OF PROBABLE CONSTRUCTION COSTS. Opinion of probable construction costs for the facilities considered and designed under this
Agreement are prepared by HRG through exercise of its experience and judgment in applying presently available cost data, but it is recognized that
HRG has no control over costs of labor and materials, or over the construction contractor's methods of determining prices, or over competitive bidding
procedures, market conditions, and unknown field conditions so that HRG cannot and does not guarantee that proposals, bids, or the project
construction costs will not vary from HRG's opinion of probable construction costs.
10. INJURY TO WORKERS. It is understood and agreed that HRG's fee is based on HRG being named as an Additional Insured on construction
contractor's insurance policy for Comprehensive General Liability and Builders All Risk Liability, and CLIENT agrees to insert into all Contracts for
construction between CLIENT and construction contractor(s) arising out of this design a provision requiring the construction contractor(s) to defend,
indemnify, and hold harmless both CLIENT and HRG from any and all actions arising out of the construction project, including, but not limited to, injury
to or death of any worker on the job site, not caused by the sole negligence of CLIENT or HRG.
11. SITE VISITS. Visits to the construction site and observations made by HRG as part of services during construction under this Agreement shall not
make HRG responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to
ensure conformance with the intent of the Contract Documents, and shall not make HRG responsible for, nor relieve the construction contractor(s) of
the full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all
portions of the work under the construction contract(s), and for all safety precautions incidental thereto. Such visits by HRG are not to be construed as
part of the observation duties of the on -site observation personnel defined below.
12. ON -SITE OBSERVATION. When HRG provides on -site observation personnel as part of services during construction under this Agreement, the
on -site observation personnel will make reasonable efforts to guard CLIENT against defects and deficiencies in the work of the contractor(s), and to
help determine if the provisions of the Contract Documents are being fulfilled. Their day - to-day observation will not, however, cause HRG to be
responsible for those duties and responsibilities which belong to the construction contractor(s), including, but not limited to, full responsibility for the
means, methods, techniques, sequences, and progress of construction, and the safety precautions incidental thereto, and for performing the
construction work in accordance with the Contract Documents.
13. SEVERABILITY. If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent
jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed
dependent upon any other provision unless so expressed herein.
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}
Proposed Fee
O:\PROJ\000400 \400- 1604.dec.Hopkins.doc
Howard R. Green Company
CONSULTING ENGINEERS
Anticipated 1997 -1998 Budget for Entire Program
1. Initial Residential Inspections
(Single family to 4 -plex) 2,781 x $27.50 = $76,477.50
2. Initial Non - Residential Inspections
29 Commercial 140 x $37.50
26 Multiple Residential 55 x $37.50 = 7,312.50
3. Reinspections 278 x $49.50 = 13,701
4. Video 4,200
5. Handouts 1,600
6. Training 800
TOTAL BUDGET $104,151
Anticipated 1997 -1998 Budget for Phase I Program
1. Authorized Contract Amount $22,297
Net Additional Fee to Complete Entire Program $81,854
NOTE: If the City considers completing remaining inspections with City
personnel, Howard R. Green estimates that approximately 2,000 person
hours will be required. That could be a full -time person for one year or a
part-time person over an extended period of time. Also, our fees for the
program are based on estimated numbers of inspections. Actual final
program costs will be based on a number of units actually inspected and
reinspected.
September 1, 1998
«FirstName» «LastName»
«Addressl»
«City» «State» «PostalCode»
�opkins Public Works Department
11100 Excelsior 'Blvd. • - -Iopkins, cVIN 55343 -3435 • Phone: 612 - 939 -1382 • , fax: 612 - 939 -1381
Dear Hopkins Property Owner:
Our records indicate your property is not yet in compliance with the City of Hopkins Code
regarding sump pump systems. We also have no record of a response to our July 28, 1998 letter
attached. The sump pump ordinance prohibits discharge of storm water into the sanitary sewer
system, and requires that all sump pump systems have rigid discharge lines (PVC -pipe is most
common). A copy of the City code is available at Hopkins City Hall for your review.
Please have your system corrected, and call the sump pump inspection appointment line at (651)
644 -2072 no later than September 14, 1998, to arrange for an inspection by the city's consultant,
Howard R. Green Company. It has been almost six (6) months since our initial inspections of
your sump pump system. If there are unique circumstances or hardship preventing compliance
with the sump pump ordinance, please call the above phone number and let us know of your
situation. We will then work out a mutually agreeable course of action to bring you into
compliance and avoid a $100 per month utility surcharge. However, if we have not heard from
you by September 14 we will add a $100 surcharge to your utility bill each month, beginning
in September of 1998, until your sump pump system passes inspection.
If our records are in error, and you have your copy of the form indicating your system already
passed inspection, it will be a simple matter to correct, but you must call before 4:30 p.m. by
September 14, 1998 or the surcharge will appear on your next bill.
Thank you for your prompt attention to this matter.
Sincerely,
Steven J. Stadler
Public Works Director
Enclosure: 1
can Equal Opportunity Employer
September 1, 1998
«FirstName» «LastName»
Addressl»
«City» «State» «PostalCode»
Dear Hopkins Property Owner:
Our records indicate your property is not yet in compliance with the City of Hopkins Code
related to sump pump and other clear water discharges to the sanitary sewer. This ordinance
prohibits discharge of storm water into the sanitary sewer system, and requires that all sump
pumps systems have rigid discharge lines (PVC -pipe is most common). A copy of the City code
is available at Hopkins City Hall for your review. All properties must be inspected whether you
have a sump pump or not.
The City has left door hangers and sent two letters previously requesting an appointment. Our
records indicate that no inspection has occurred at this property. Please call the sump pump
inspection appointment line at (651) 644 -2072 no later than September 14, 1998, to arrange for
an inspection by the city's consultant Howard R. Green Company. If there are unique
circumstance or hardship preventing compliance with the sump pump ordinance, please call the
above phone number and let us know or your situation. We will then work out a mutually
agreeable course of action to bring you into compliance and avoid a $100 per month utility
surcharge. However, if we have not heard from you by that date we will add a $100 surcharge to
your utility bill each month, beginning in September of 1998, until your property passes
inspection.
If our records are in error, and you have your copy of the form indicating your system already
passed inspection, it will be a simple matter to correct, but you must call before 4:30 p.m. by
September 14, 1998 or the surcharge will appear on your next bill.
Thank you for your attention to this matter.
Sincerely,
Steven J. Stadler
Public Works Director
�opkins Public Works Department
11100 Excelsior'Blvd. •'l-fopkins, c9VMN55343 -3435 • 'Phone: 612 - 939 -1382 • ax: 612 - 939 -1381
c rn Equal Opportunity Employer