CR 06-051 Approve Eng Svcs Agree-Sanitary Sewer Lift Station #7 Emergency Power Systems Upgrade
CiTY OF
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NaPKINS
April 27, 2006
Council Report 2006-051
Approve Engineering Services Agreement -
Sanitary Sewer Lift Station No.7 Emergency Power Systems Upgrade
Proposed Action.
Staff recommends adoption of the following motion: Move that Council authorize the
Public Works Director to enter into an aareement with SEH. Inc. for enaineerina
services related to the uparade of emeraencv power svstems at Lift Station NO.7.
Overview.
A recent Xcel Energy power outage has revealed vulnerability in the emergency power
systems at Lift Station NO.7. Although the emergency power engine-generator set is
not often used, the current equipment is 40+ years old and no longer supportable with
spare parts. It is paramount that we have a reliable, maintainable back-up power
system for this lift station. This engineering services agreement covers preparation of
construction documents and construction administration services necessary to replace
the current emergency power system. The cost of the engineering services is $7,500.
The estimated construction cost is $105,000. Following completion of the final design,
staff intends to request an amendment to the current CIP to allow this project to be done
later this year.
Supportina information.
. SEH Letter proposal
. Location map
Steven J. Stadler, Public Works Director
Financial Impact: $ 7.500 Budgeted: Y/N N
Notes:
Source: Sanitarv Sewer fund
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SEH
April 13, 2006
RE: Hopkins, MN
Proposal for Professional Services
Generator Replacements for Lift Stations
SEH No. P-HOPKN0605.00 10.00
Steven J. Stadler, PE
Public Works Director
City of Hopkins
11100 Excelsior Blvd.
Hopkins, Minnesota 55343
Dear Steve,
It was a pleasure to meet with you and Mike on March 24th, 2006, to discuss the requirements for
replacement of the emergency generators at two of the Hopkins' lift station sites. We appreciate the
opportunity to once again be of service to the City.
Your project involves due to age and service availability, the replacement of an existing 150-kilowatt
standby generator at lift station #7, along with replacement of the main electrical service, automatic
transfer equipment, and additional provisions for connection of an external portable generator. After site
visits of both lift stations, [would recommend only doing modifications at lift station #7. The second lift
station visited, already had recent improvements, of an automatic transfer Switch, fuel cell, and provisions
for a portable generator connection, that match either of the City's portable generator units. [fthe current
emergency generator, which now functions, fails, the City has the option to connect either of the portable
units. It was also, indicated that the critical time of operation is a matter of days, of non-operation for this
lift station. This generator is greatly oversized, and will not experience heavy loading, thus overheating or
mechanical wear. The John Deere engine still has parts and service available, and the generator controls
have been retrofitted with new electronic parts. The condition and quality of this unit should serve the
site, and if some unknown failure should occur. The portable units could be used. [ would suggest,
addressing this location's replacement in the future as necessary.
Scope of Services
I. Visit the site to establish removal of existing system equipment and space for new generator,
transfer switches and panel boards.
2. Assess any new code and permit requirements that may have been modified since the original
installation
3. Work with the integrator for SCADA modifications required.
4. Add provisions for portable generator connection and manual transfer
Short Elliott Hendrickson Inc., [0901 Red Circle Drive, Suite 200. Mmnetonka, MN 55343-9301
SEH IS an equal opportunity employer I www.sehinc.com I 952.912.2600 I 800.734.6757 I 952.912.2601 fax
Steven Stadler
Page]
April!3, 2006
5. Add provisions for possible XCEL energy load shedding rate credits, and remote start and
transfer
6. Review noise and ventilation requirements or necessary modifications to the building.
7. Make provisions to incorporate the existing electrical circuits to the new main service panel
boards.
8. Modify the fuel system to replace corroded external fuel cell.
9. Develop budgetary cost estimates for generator and service options
This proposal is for the preparation of Construction Bidding Documents, assistance during the bidding
phase, and construction administration services, per the listed scope of service items.
Schedule
We propose to accomplish the scope outlined within 60 calendar days of receiving authorization to
proceed and required field information. You agree to fumish SEH the information outlined below, which
is needed to efficiently complete the project as scheduled. Ifthere are delays in the project beyond our
control, you agree to grant additional time to complete the services.
Information you agree to fumish to SEH includes:
Electrical drawings of the existing lift station #7 electrical system
A competent individual to support field investigations by SEH staff either by telephone
or on site
Proposed Fee
We propose to complete the tasks outlined in the Scope of Services for the estimated fee of $7,500, in
accordance with Exhibit C-l attached. This fee is based on our standard hourly billing rates, with
expenses billed at cost. We will not exceed this fee without your prior authorization.
We propose to accomplish any Additional Services that you may request as part of this project on an
hourly basis, with any expenses again billed at cost.
This letter is the Agreement for Professional Services between City of Hopkins, (Owner) and SEH. This
letter proposal, and Exhibits A, B, C-I attached represent the entire understanding between you and us in
respect to this project and may only be modified in writing, signed by both parties. Ifthese documents
satisfactorily set forth your understanding of our agreement, please sign the enclosed copies of this letter
and attached Agreement in the space provided and return one copy of each to us.
Thank you again for the opportunity to propose these services. Any questions you have would be
welcomed. I can be reached directly at 952.238.6566, or through emai] at ckadrmas@sehinc.com. We
look forward to working with you.
Steven Stadler
Page 3
April 13, 2006
Sincerely,
SHO~CKSONlNC
Clarence L. Kadrmas, PE
Sr. Electrical Engineer / Power Engineering
Accepted for City of Hopkins, this
By:
Title:
day of
,2006.
Exhibit A
to Agreement for Professional Services
Between City of Hopkins (Owner)
and
Short Elliott Hendrickson Inc. (SEH@)
Dated April 13, 2006
SEH's Services
The Owner intends to retain SEH to provide professional
engineering, architectural, environmental and/or planning
services as may be directed by the Owner, and the Owner
and SEH deem it mutually advantageous to set forth the
general details described herein.
A. General
1. Services performed by SEH may, at the option of
the Owner, be related to one or a combination of
the following as specifically agreed upon.
(a) Report
(b) Preliminary Design
(c) Final Design
(d) Construction
( e) Additional Services
B. Report Phase
During the report phase, SEH shall:
1. Consult with the Owner representatives to
determine the scope of the services to be
undertaken by SEH as a part of this phase.
2. Perform such field surveys, investigations and
other tasks determined by SEH to be necessary to
complete the Report.
3. Prepare a Report in sufficient detail to clearly
describe the project as stated in the Supplemental
Letter Agreement.
4. If requested, SEH will provide opinions of
estimated construction and project cost.
The Owner acknowledges that the scope of services is
limited and does not provide for exhaustive studies and
investigations. Therefore, SEH cannot guarantee the
accuracy of results or conclusions.
C. Preliminary Design Phase
During the preliminary design phase, SEH shall:
1. On the basis of the approved report or, in the
instance where a report has not been prepared, on
the basis of the Owner's instructions prepare
Preliminary Design Phase documents. These
documents may consist of final design criteria,
preliminary drawings, outline specifications and
written descriptions of the Project.
2. Advise Owner if additional reports, data,
information or services are necessary and assist
Owner in obtaining such reports, data,
information or services.
3. If requested, based on the information contained
in the Preliminary Design Phase documents,
submit an updated opinion of probable
Construction Cost and any adjustment to Total
Project Costs known to SEH. All cost estimates
will be provided subject to the terms of the
Agreement for Professional Services, Article
VAl.
4. Fumish the Preliminary Design Phase documents
to and review them with Owner.
D. Final Design Phase
During the final design phase, SEH shall:
1. On the basis of the approved Report and/or
Preliminary Design Phase documents, prepare
construction drawings (plans) and specifications
for the Project or such a portion thereof as
outlined in the Supplemental Letter Agreement
for the Final Design Phase.
SEH will provide technical criteria, written
descriptions and design data for Owner's use in
filing applications for permits from or approvals
of government authorities having jurisdiction to
review or approve the final design of the project,
and assist Owner in consultations with
appropriate authorities.
2. If requested, furnish an updated construction cost
estimate for the Project based on the completed
drawings and specifications. All cost estimates
are SEH's opinion of probable construction costs
whose accuracy cannot be guaranteed. The Owner
waives any claim against SEH relative to the
accuracy ofSEH's opinion of construction costs.
3. Furnish sets of plans and specifications for Owner
and agency review.
4. Prepare proposal forms and the notice to bidders.
5. Assist the Owner in obtaining and evaluating bids
and awarding Contracts for the construction of the
Project.
Short Elliott Hendrickson Inc.
(Form 07/20/04)
Exhibit A - 1
City of Hopkins
6. Assist in the preparation of the Contract
Agreement.
E. Construction Phase
During the construction phase, SEH professionals
shall:
1. Make visits to the site at intervals appropriate to
the various stages of construction to observe as an
experienced and qualified design professional the
progress and quality of the executed work of the
Contractor( s), and to determine in general, if such
work is proceeding in accordance with the
Contract Documents. The Owner has not retained
SEH to make exhaustive or continuous on-site
inspections to check the quality or quantity of
such work.
SEH shall not be responsible for the means,
methods, techniques, sequences or procedures of
construction selected by the Contractor(s) or the
safety precautions and programs incidental to the
work of the Contractor(s). SEH efforts will be
directed toward providing a greater degree of
confidence for the Owner that the completed
work of the Contractor will conform to the
Contract Documents, but SEH shall not be
responsible for the Contractor's failure to perform
the construction work in accordance with the
Contract Documents.
During such visits and on the basis of on-site
observations SEH will keep the Owner informed
of the progress of the work and will endeavor to
guard the Owner against defects and deficiencies
in the work of the Contractors. This obligation
does not include anything related to safety. It is
agreed that safety matters are Contractor's
responsibility.
2. Review samples, schedules, shop drawings. the
results of tests and inspections and other data
which the Contractor is required to submit, but
only for conformance with the design concept of
the project and compliance with the information
given in the Contract Documents. Such review
shall not extend to means, methods, sequences,
techniques or procedures of construction or to
safety precautions and programs incidental
thereto. SEH shall receive and review (for general
content as required by the specification),
maintenance and operating instructions,
schedules, guarantees, bonds and certificates of
inspection which are to be assembled by the
Contractor in accordance with the Contract
Documents.
3. Consult with and advise the Owner, act as the
Owner's representative at the Project site, issue
all instructions of the Owner to the Contractor
and prepare routine change orders as required.
4. Review the Contractor's Application for
Payment, determine the amount owing the
Contractor and make recommendations to the
Owner regarding the payment thereof.
SEH's recommendations constitute a
representation to the Owner that to the best of
SEH's knowledge, information and belief, the
work has progressed to the point indicated on said
application and the quality of work is in
accordance with the Contract Documents, subject
to the results of any subsequent test called for by
the Contract Documents and any qualifications
stated in their recommendations.
SEH's responsibilities under this paragraph are
subject to the limitations set out in paragraph E.l.
5. Conduct a site visit to determine if the project is
substantially complete. Such site visits may
include representatives from the Owner. If the
Contractor has fulfilled all of his obligations,
SEH may give written notice to the Owner that
the work is acceptable for final payment.
F. Additional Services
1. If authorized by the Owner, SEH shall furnish
additional services:
(a) Preparation of applications and supporting
documents for government grants, loans or
advances.
(b) Preparation or review of environmental
assessment worksheets and environmental
assessment impact statements.
(c) Review and evaluation of any statements or
documents prepared by others and their
effect on the requirements of the project.
(d) Additional services due to significant
changes in the general scope of the Project
or its design including but not limited to,
changes in size, complexity of character or
type of construction.
(e) Preparing Change Orders or other services
and supporting data or providing other
services in connection with changed project
conditions wbich are inconsistent with the
original design intent including, but not
limited to, changes in project size,
complexity, Owner's schedule, character of
construction or method of financing.
(I) Providing professional services made
necessary by the default of the Contractor or
by major defects in the Work of the
Contractor in the performance of the
Construction Contract.
Short Elliott Hendrickson Inc.
(Form 07/20/04)
Exhibit A - 2
City of Hopkins
(g) Providing assistance in the start-up, testing,
adjusting and balancing, preparation of
operating and maintenance manuals,
personnel training and consultation during
operation of equipment or systems.
(h) Providing services after issuance to the
Owner of the final Certificate for Payment.
(i) Providing services of professional
consultants for other than the normal
services stated in the Agreement.
Gl Preparation of descriptions for permanent
and/or temporary easements.
(k) Furnishing the Owner, on request, a set of
reproducible record prints of drawings and
addendum drawings showing those changes
made during the construction process, based
on the marked up prints, drawings and other
data furnished by the Contractor to SEH.
(I) Serving as an expert witness for the Owner
in any litigation or other proceedings.
(m) Providing services for preparation of
preliminary and final assessment rolls.
(n) Assistance in connection with Bid protests,
rebidding or renegotiating contracts for
construction, materials, equipment, or
services, except when such assistance is
required by the Agreement.
(0) Providing construction surveys and staking
to enable the construction contractor to
perform its work and any type of property
surveys or related engineering services
needed for the transfer of interests in real
property and providing other special field
surveys.
(P) Providing Resident Project Representation
as described in Exhibit D.
(q) Additional services not otherwise provided
for in this Agreement.
2. Required Additional Services: SEH shall perform
or furnish (without requesting or receiving
specific advance authorization from Owner)
include the types listed below. SEH shall advise
Owner in writing promptly after starting any such
Additional Services.
(a) Services in connection with Work Change
Directives and Change Orders to reflect
changes requested by Owner so as to make
the compensation commensurate with the
extent of the Additional Services rendered.
(b) Services in making revisions to Drawings
and Specifications required by reviewing
authorities or occasioned by the acceptance
of substitute materials or equipment other
than "or-equal" items; and services after the
award of the Construction Agreement in
evaluating and determining the acceptability
of a substitution which is found to be
inappropriate for the Project or an excessive
number of substitutions.
(c) Services resulting from significant delays,
changes, or price increases occurring as a
direct or indirect result of materials,
equipment, or energy shortages.
(d) Additional or extended services during
construction made necessary by
(1) emergencies or acts of God endangering
the Work, (2) an occurrence of a Hazardous
Environmental Condition, (3) Work
damaged by fire or other cause during
construction, (4) defective, neglected. or
delayed work by Contractor, (5) acceleration
of the progress schedule involving services
beyond normal working hours, or (6) default
by Contractor.
(e) Services in connection with any partial
utilization of any part of the Work by Owner
prior to Substantial Completion.
(1) Evaluating an unreasonable claim or an
excessive number of claims submitted by
Contractor or others in connection with the
Work.
Short Elliott Hendrickson Inc.
(Form 07/20/04)
Exhibit A - 3
City of Hopkins
~
Exhibit B
to Agreement for Professional Services
Between City of Hopkins (Owner)
and
Short Elliott Hendrickson Inc. (SEH@)
Dated April 13, 2006
Owner's Responsibilities
A. General
The Owner's responsibilities related to the services to
be provided by SEH are generally as listed in this
Exhibit B. Modifications to these responsibilities shall
be made through Supplemental Letter Agreements. The
Owner shall:
1. Provide full information as to its requirements for
the services to be provided by SEH and SEH shall
be entitled to rely on the accuracy and
completeness thereof.
2. Assist SEH by furnishing all available
information pertinent to the services to be
provided by SEH. All information available in
electronic formats shall be provided in such
formats suitable for use with current SEH systems
and technology.
3. Guarantee access to and make all provisions for
SEH to enter upon public and private lands as
required for SEH to perform its services under
this Agreement.
4. Provide such legal, accounting, financial and
insurance counseling and other special services as
may be required for the Project.
5. Give prompt written notice to SEH whenever the
Owner observes or otherwise becomes aware of
any changes in the Proj ect or any defect in the
services being provided by SEH or makes or
wishes to make changes in the Proj ect.
6. Furnish television inspection of sewers, land
surveys, soil borings, laboratory tests, material
tests, soil tests and other special items pertinent to
the Project and the services provided by SEH.
7. Be responsible for the accuracy of all data
consisting of, but not limited to, computations,
as-built drawings, electronic data bases and maps
furnished by the Owner. The costs associated
with correcting, creating or recreating any data
that is provided by the Owner that contains
inaccurate or unusable information or is found to
omit information necessary for SEH to perform
its services are the responsibility of the Owner.
8. Promptly examine all studies, reports, sketches,
opinions of construction costs, specifications,
drawings, proposals and other documents
presented by SEH and render the necessary
decisions and instructions so SEH may continue
in a timely manner to provide the services
necessary for completion of the Project.
9. Pay all costs incidental to advertising for bids and
acquiring regulatory or review agencies' pennits
and/or approvals.
10. Furnish or instruct SEH to provide, at the
Owner's expense, additional services that become
necessary to complete the work called for in this
Agreement or to complete work added to the
Project by the Owner or others and not related to
the agreed responsibilities of SEH.
] I. Furnish to SEH, prior to any performance of
services by SEH, a copy of any design and
construction standards and comprehensive plans
which the Owner shall require SEH to follow or
incorporate into its work.
]2. Act promptly to review and approve or reject all
proposed Change Orders and/or Supplemental
Agreements.
13. Employ and pay the costs for an independent cost
estimator as provided in Section IV.A. of the
Agreement.
14. Bear all costs incidental to compliance with the
requirements of this Exhibit B.
15. Notify SEH (prior to commencement of
construction of a project) of any notice or
certification that SEH will be requested to provide
to Owner or third parties in connection with the
project. Owner and SEH shall reach agreement on
the terms of any such requested notice or
certification, and Owner shall authorize such
Additional Services as are necessary to enable
SEH to provide the notices or certifications
requested.
16. Require all Private Utilities with facilities in the
Owner's Right of Way to:
(a) Locate and mark said utilities upon request.
Short Elliott Hendrickson Inc.
(Form 07/20/04)
Exhibit B-1
City of Hopkins
,
r
(b) Relocate and/or protect said utilities as
detennined necessary to accommodate the
proposed Work.
(c) Submit a schedule of the necessary
relocation/protection activities to the Owner
for review.
B. Assumption of Risks
The Owner and SEH agree that the risks of the Project
and the costs related to those risks remain with the
Owner or with others and that SEH does not assume
any risks that are not specifically called out in the
Agreement.
Short Elliott Hendrickson Inc.
(Form 07/20/04)
Exhibit B-2
City of Hopkins
Exhibit C-1
to Agreement for Professional Services
Between City of Hopkins (Owner)
and
Short Elliott Hendrickson Inc. (SEH@)
Dated April 13, 2006
Payments to SEH for Services and Expenses
Using the Hourly Basis Option
The Agreement for Professional Services is amended and
supplemented to include the following agreement of the
parties:
A. Hourly Basis Option
The Owner and SEH select the hourly basis for
payment for services provided by SEH. SEH shall be
compensated monthly. Monthly charges for services
shall be based on SEH's current billing rates for
applicable employees plus charges for expenses and
equipment. Current billing rates shall be Table Method
or Actual Billing Rates of Personnel Method as
indicated in tbe Supplemental Letter Agreement.
I. Rate Table Method - Current billing rates for
employees shall be those listed on a standard rate
table submitted and approved as part of this
Agreement. The employee rates in the approved
rate tables shall include the cost of computers and
cellular phones. The cost of other expenses and
equipment shall be paid for as reimbursable
expenses as identified in Paragraphs B and C of
this Exhibit C-1.
2. Actual Billable Rates of Personnel Method -
Applicable billing rates of employees shall be
based on the actual payroll rates of personnel
times a multiplier plus the cost of expenses and
equipment outlined in Paragraphs Band C of this
Exhibit C-1.
SEH will provide an estimate of the costs for services
in this Agreement. It is agreed that after 90% of the
estimated compensation has been earned and if it
appears that completion of the services cannot be
accomplished within the remaining 10% of the
estimated compensation, SEH will notify the Owner
and confer with representatives of the Owner to
determine the basis for completing the work.
Compensation to SEH based on the Rate Table Method
is conditioned on completion of the work within the
effective period of the rate table. Should the time
required to complete the work be extended beyond this
period, the rates in the Rate Table shall be
appropriately adjusted.
B. Other Provisions Concerning Payments
I. Invoices will be prepared in accordance with
SEH's standard invoicing practices and will be
submitted monthly to Owner by SEH, unless
otherwise agreed.
2. Invoices are due and payable within 30 days of
receipt. If Owner fails to make any payment due
SEH for services and expenses within 30 days
after receipt of SEH's invoice therefor, the
amounts due SEH will be increased at the rate of
1.0% per month (or the maximum rate of interest
permitted by law, if less) from said thirtieth day.
SEH may, after giving seven days written notice
to Owner, suspend services under this Agreement
until SEH has been paid in full all amounts due
for services, expenses and other related charges.
Payments will be credited first to interest and then
to principal. Further, SEH reserves the right to
retain products of service until all invoices are
paid in full. SEH will not be liable for any claims
of loss, delay, or damage by Owner for reason of
withholding services or products of service until
all invoices are paid in full.
3. In the event of a disputed or contested invoice,
only that portion so contested may be withheld
from payment, and the undisputed portion will be
paid.
4. Should taxes, fees or costs be imposed, they shall
be in addition to SEH's estimated total
compensation.
C. Expenses
The following items involve expenditures made by
SEH employees or professional consultants on behalf
of the Owner. Their costs are not included in the hourly
charges made for services and shall be paid for as
described in this Agreement.
I. Transportation and travel expenses.
2. Lodging and meal expense connected with the
Project.
3. Fees paid, in the name of the Owner, for securing
approval of authorities having jurisdiction over
the Project.
Short Elliott Hendrickson Inc.
(Form 12/13/04)
City of Hopkins
Exhibit C-1 - 1
4. Report, plan and specification reproduction
expenses.
5. Other special expenses required in connection
with the Project.
6. The cost of special consultants or technical
services as required. The cost of subconsultant
services shall include actual expenditure plus
10% markup for the cost of administration and
insurance.
The Owner shall pay SEH monthly for expenses.
D. Equipment Utilization
The utilization of specialized equipment. including
automation equipment, is recognized as benefiting the
Owner. The Owner, therefore, agrees to pay the cost
for the use of such specialized equipment on the
project. SEH invoices to the Owner will contain
detailed information regarding the use of specialized
equipment on the project and charges will be based on
the standard rates for the equipment published by SEH.
The Owner shall pay SEH monthly for equipment
utilization.
Short Elliott Hendrickson Inc.
(Form 12/13/04)
Exhibit C-1 - 2
City of Hopkins