Loading...
HomeMy WebLinkAboutItem 08Z Date: 11 March 2014 Item No. APPROVAL OF AN ENGINEERING SERVICES AGREEMENT WITH BLACK & VEATCH FOR IMPROVEMENTS TO THE LAKEVILLE WATER TREATMENT FACILITY Proposed Action Staff recommends adoption of the following motion: Move to approve an engineering services agreement with Black and Veatch for improvements to the Lakeville Water Treatment Facility. Approval of this agreement allows Black & Veatch to begin engineering and design work related to improvements proposed in the 2013 Water Treatment Facility (WTF) Expansion Study. Overview In 2013, Black & Veatch completed an expansion study for the WTF as well as a filter loading study to help determine the next steps for the expansion of the facility to meet the water needs of residents. The filter loading study showed that the facility as it is currently configured can increase its capacity to produce water and thus delay a major facility expansion for several years. The expansion study included data from the filter loading study to determine what short term improvements would be needed to support the increased water production capacity. Those improvements include additional chlorine feed system components, additional fluoride day tank storage, increased pumping capacity in the high service pump station, a 1 million gallon addition to the underground reservoir, and other improvements to the treatment process. Based on the expansion study and the filter loading study, improvements to the WTF will put the City in position to meet both resident and emergency water needs. Cost of engineering services is $285,000.00. Primary Issues to Consider • Are the improvements necessary? Yes, the facility is at the point where, at its current capacity, it will not be able to meet the needs of residents in the near -term. The improvements allow the City to take advantage of the increased filter loading and the subsequent increase in water production. Supporting Information . • A copy of the Black & Veatch agreement is attached. Cnristop J. Petree Public Works Director Financial Impact: $285,000 Budgeted: Yes Source: Water Trunk Funds Related Documents (CIP, ERP, etc.): 2014 -2017 Capital Improvement Plan Notes: Engineering services and design AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is made on the 17 day of March 2014, between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "CITY "), and BLACK & VEATCH CORPORATION, a Delaware corporation (`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. Scope of Services for Lakeville WTF Upgrade Project attached hereto as Attachment A. C. ENGINEER'S COMPENSATION attached hereto as Attachment B ( "Fee Schedule "). Ir 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 on an hourly basis in accordance with the Fee Schedule, but a total amount not to exceed $285,000.00 inclusive of reimbursable costs. These fees shall not be adjusted even if the estimated number of hours to perform a task, the estimated number of meetings, or any other matter is 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 Fee Schedule. 3. Method of Payment Payments due Engineer under this Agreement shall be electronically transferred either by ACH, specifically in CCD+ or CTX format, or wire transfer to the bank account and in accordance with the bank instructions identified in Engineer's most recent invoice. Invoice number and project name shall be referenced in the bank wire reference fields or the ACH addenda information. In the event that such electronic funds transfer methods are not available to Owner, then payments due Engineer under this Agreement shall be made by check and mailed to the PO Box identified in the remittance instructions on the Engineer's most recent invoice. The 175298.0 Remittance Advice document shall be mailed with the check to the PO Box ENGINEER shall request payment for services at the completion of a phase of the work. 4. Change Orders All change orders, regardless of amount, must be approved in advance and in writing by the Lakeville City Council. No payment will be due or made for work done in advance of such approval. 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 At all times and for all purposes herein, the ENGINEER is an independent contractor and not an employee of the CITY. No statement herein shall be construed so as to find the ENGINEER as an employee of the CITY. 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, nor any interest arising herein, without the written consent of the other party. 2 175298M 10. Indemnification The ENGINEER agrees, to the fullest extent permitted by law, to indemnify and hold CITY harmless from any damage, liability, or cost (including reasonable attorney's fees and costs of defense) to the extent caused by ENGINEER'S negligent acts, errors, or omissions in the performance of professional services under this Agreement and those of his or her subcontractors or anyone for whom the ENGINEER is liable. 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 on a primary and non- contributory basis for the services provided under this Agreement. 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 thirty (30) days 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. 175298M 13. Data Privacy The ENGINEER shall comply with the Minnesota Statutes Chapter 13, and the Minnesota Government Data Practice Act. The ENGINEER shall not disclose non - public information except as authorized by the Act. 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. 15. Governing Law This Agreement shall be controlled by the laws of the State of Minnesota. 16. Permits ENGINEER shall obtain all necessary permits required for completion of ENGINEER'S services 17. Communication Any communication required by this Agreement shall be made in writing to the address specified below: Owner: City of Lakeville Attention: Chris Petree 18400 Ipava Avenue Lakeville, MN 55044 Engineer: Black & Veatch Corporation Attention: Scott Fronek 7760 France Avenue South, Suite 1200 Minneapolis, MN 55435 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. Executed as of the day and year first written above. CITY OF LAKEVILLE BLACK & VEATCH CORPORATION iO." Matt Little, Mayor AND Charlene Friedges, City Clerk Its 4 175298M ATTACHMENT A — SCOPE OF SERVICES Owner: City of Lakeville Engineer: Black & Veatch Project: Lakeville WTF Upgrade Project PHASE 1000. PROJECT DESCRIPTION AND ADMINISTRATION 1. Project Description — A 2013 Water Treatment Facility Expansion Study recommended increasing the Lakeville WTF capacity from 20 mgd to 26.5 mgd through an increase in the filter loading rate. This project includes design services to incorporate changes needed to increase the WTF capacity. Upon completion of the design project to the Owner's satisfaction, the Owner may enter into negotiations with the Engineer to perform subsequent phases of the work, including engineering services during construction. A list of project elements is as follows: • Chlorine system improvements ■ Assess existing system capacity limitations Verify compliance with applicable codes Assess pipe sizes required at increased WTF capacity New chlorine feed equipment — two chlorine cylinder scales, vacuum regulators, tank manifolds and supporting equipment • Fluoride day tank and metering pump • High service pump (14 mgd) Assess existing structural conditions to determine if vibration and critical speed of new pump will be a concern Study impact of additional power requirement from the pump on the emergency generator capacity • Filter backwash pump • Backwash air scour blower • Auxiliary power assessment • Review existing power distribution system and plant operating scenarios upon loss of utility power • Compare power loads required after installation of new equipment to auxiliary power available and, if needed, recommend additional generator and/or start up and control options • Miscellaneous Structural Repairs 2/28/2014 Page 1 of 6 • Repair of exposed reinforcement in top slab of North reservoir • Replacement of existing coating in High Service Pump Wet Wells • Repair of structural crack in pipe gallery below Engine Generator Room ■ 1 MG Finished Water Reservoir ■ Review the facility hydraulics to identify improvements that may be required to convey water from the filters to the reservoirs, and from the reservoirs to the high service pump station. In addition, a brief evaluation will be conducted with Owner's consultant to verify that no modifications are required either for the raw water piping or for the finished water piping as a result of the proposed improvements. It is anticipated that any piping modifications would be made when the facility is eventually expanded to 40 mgd. 2. Scope of Services Description — The engineering services include preliminary investigations and reports, design and construction documents, and bid and preaward services. 3. Project Administration — Provide administration and management of project. Prepare project management documents including budget, schedule, and quality assurance and quality control plan. Review ongoing activities. Monitor schedule and budget. Review progress with Owner on a regular basis, and discuss issues with the Owner as they are noted. PHASE 2000 — DESIGN AND CONSTRUCTION CONTRACT DOCUMENTS Preliminary Design — Technical Design Summary Memorandum and Auxiliary Power Assessment Memorandum a. This phase will consist of preparation of a Technical Design Summary Memorandum. The memorandum will be a brief summary of the project elements providing the main design objects for each element. The intent of the memorandum is to ensure the Owner's objectives are met within each project element. The Basis of Design Memorandum from the 1996 and 2000 Lakeville WTF Projects will be reviewed and if any design concepts need to be revised, they will be noted in a Technical Design Summary Memorandum. This phase will also include an auxiliary power assessment to evaluate facility power supply needs, prioritize systems and determine the start-up order for equipment. The assessment will include the power supply needs after completion of the WTF upgrade project. If the existing generator will not be able to meet the system needs, the timing and size of a second auxiliary power generator will be recommended. The assessment and recommendations will be summarized in an Auxiliary Power Assessment Memorandum. 2/28/2014 Page 2 of 6 b. Construction Drawings from the 1996 and 2000 Lakeville WTF projects will be utilized in this project. Existing Drawings will be reviewed during Preliminary Design and will be included as part of the Technical Design Summary Memorandum to further clarify the intent of each design element. c. Submit an electronic copy of the Technical Design Summary Memorandum and the Auxiliary Power Assessment Memorandum to the Owner for review. d. Meet with the Owner to review the Technical Design Summary Memorandum and the Auxiliary Power Assessment Memorandum, and receive comments from the Owner. Resolve any questions and revise the memoranda, if necessary. Submit an electronic copy of the Technical Design Summary Memorandum and the Auxiliary Power Assessment Memorandum as a record of decisions made and completion of the preliminary design phase. 2. Detailed design — 50% Complete Construction Contract Documents a. Detailed design will start after preparation of the Technical Design Summary Memorandum. Detailed design will begin the development of construction contract documents. The construction contract documents shall be prepared for selection of private construction contractors on a competitive bid basis. A set of documents representing 50% Complete Construction Documents will be prepared and submitted to the City for review. 50% Complete Construction Documents will include the following: • Major facility plans and sections showing equipment and piping • Structural plans and sections • Site drawings including a grading plan, yard piping plan, and an electrical plan • P &ID drawings • Hydraulic Profile • Contract front -end documents • Process equipment specifications • Valve lists • Opinion of probable construction cost update • Project schedule update b. Provide five (5) hard copy sets and one (1) electronic copy of drawings and specifications to Owner for review. c. Attend one meeting with Owner to receive and discuss Owner's review comments. d. Revise documents as necessary to reflect decisions taken at this level. 2/28/2014 Page 3 of 6 3. Detailed design — 90% Complete Construction Documents a. After the Owner has accepted the 50% Complete Construction Document deliverables, a set of documents representing 90% Complete Construction Documents will be prepared and submitted to the City for review. The 90% Complete Construction Documents will include the following, and is based on preparing up to 45 drawings: • Final review set of CAD drawings • Final review set of specifications and construction contract documents • Opinion of probable construction cost update • Constructability review • Internal quality control review and refinement before delivery to Owner • Project schedule update b. Provide five (5) hard copy sets and one (1) electronic copy of documents for Owner review. c. Attend one meeting with Owner to receive and discuss Owner's final review comments. d. Refine documents according to mutual agreement. 4. Regulatory Agency Submittal a. Provide one (1) set of final documents for Owner to submit to regulatory agencies for approval. b. Meet with Owner and regulatory agencies to discuss review comments 5. Public Hearing — Attend one public meeting to assist Owner in presenting the project to the public, to answer questions, and to advise Owner as necessary.. 6. Permits Acquisition a. Provide in the specifications a list of the permits that must be obtained by the construction contractor(s). It is understood that the construction Contractors must obtain the following permits for this project: • Building permits • Storm water protection plan 2/28/2014 Page 4 of 6 PHASE 3000 - BID AND PREAWARD SERVICES A. Bid Services Front End Documents — Assist and discuss with Owner to finalize front end documents and identify: • Project advertisement date • Date to receive bids • Concerns about sensitivity of documents and methods of distribution • Method of advertisement 2. Invitations to Bid — Assist and advise Owner in placing the Invitation to Bid. Identify potential contractors and suppliers, review with Owner, and distribute copies of Invitation to Bid. Maintain a record of prospective bidders to whom invitations have been sent. 3. Reproduction — Support Owner's procedures for advertising the bid documents. Engineer will produce a PDF of the final documents for advertising via Quest CDN. Five (5) printed copies of the final documents will be provided to Owner for use during construction. 4. Prebid Conference — Conduct, at a date and time .selected and a place provided by Owner, a prebid conference to: • Confirm the types of information required by the contract documents and the format in which bids should be presented. • Review special project requirements and contract documents in general. • Receive requests for interpretations that will be issued to plan holders. • Prepare minutes of conference and issue to plan holders. Interpretation of bidding documents — Interpret bidding documents. Prepare and issue addenda to the construction contract documents when required. 6. Bid Opening — Conduct bid opening or assist Owner during bid opening. Answer questions, make preliminary tabulation of bids, and review questionnaires and bids for completeness. B. Preaward Services — Provide the following services following the Bid Opening: 1. Questionnaire — Examine the questionnaire to identify any supplier whose equipment or materials may not conform to the construction contract documents. This examination will be based on the knowledge and experience of the Engineer. 2/28/2014 Page 5 of 6 2. Qualifications of Apparent Successful Bidder — Review and evaluate the qualifications of the apparent successful bidder and the proposed major or specialty subcontractors. The review and evaluation will include financial resources, and a reference check on previous experience. C. Bid Tabulations — Prepare and distribute formal bid tabulation sheets, evaluate bids, and make written recommendations to Owner concerning contract award. PHASE 4000. SUPPLEMENTAL SERVICES Supplemental services are not in the scope of work for this contract. These services will be performed at Owner's request with compensation adjustments. Supplemental services that Owner might choose to add to the scope of services include, but are not limited to, the following items. 1. General a. Safety or Security Assessments b. Prequalification of contractors or vendors c. Assistance with bid protests and rebidding. d. Preparation for litigation, arbitration, or other legal or administrative proceedings; and appearances in court or at arbitration sessions in connection with bid protests, change orders, or construction incidents. 2. Rights of way, property acquisition, and land surveys 3. Geotechnical Services a. Geotechnical engineering services including exploratory work, laboratory and field testing, and professional guidance on tests to be made and an initial geotechnical report by a geotechnical firm. 4. Environmental Assessments 2/28/2014 Page 6 of 6 ATTACHMENT B — COMPENSATION Owner: City of Lakeville Engineer: Black & Veatch Project: Lakeville WTF Upgrade Project For the services covered by this Agreement, Owner agrees to pay Engineer on an hourly basis plus expenses in a total amount not to exceed $285,000 for the services as described in Attachment A. The hourly billing rates for the classifications of individuals performing services on the project are as follows: Job Classification Hourly Billing Rates Project Manager $195 Project Secretary $80 Engineering Manager $155 Lead Civil Engineer $110 Civil Drafter $90 Structural Engineer $145 Structural Drafter $115 Mechanical Engineer $115 Pump Specialist $195 Senior Chemical Feed Engineer $165 Chemical Feed Engineer $110 Electrical Engineer $150 Electrical Drafting $120 I &C Engineer $150 I &C Drafting $120 Estimator $120 Resident Engineer $120 Such billing rates shall be adjusted March 1 of each successive year during the term of this Agreement to reflect equitable changes in the compensation payable to Engineer. Reimbursable expenses will be billed at cost with no markup, and will include postage and shipping, travel costs, mileage, and document reproduction. 2/28/2014 Page 1 of 1