HomeMy WebLinkAboutItem 06.kr j
July 14, 2015 Item No.
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
BARR ENGINEERING CO. AND SUMMERGATE COMPANIES L.L.C.
July 20, 2015 City Council Meeting
Proposed Action
Staff recommends adoption of the following motion: Move to approve First Amendment to
Professional Services Agreement with Barr Engineering and Summergate Companies.
Passage of this motion will result in modifying the terms of the current agreement.
Overview
Summergate Companies (Summergate) is coordinating with the City to revise the Flood
Insurance Rate Map (FIRM) along South Creek between Dodd Boulevard and 202nd Street. The
FIRM is the Federal Emergency Management Agency (FEMA) official map showing floodplain
and floodway boundaries. FEMA indicated that the Letter of Map Revision (LOMR) application
must extend beyond 202nd Street to fulfill FEMA requirements. The amended agreement
establishes a revised scope of work and associated cost estimate to address FEMA's
requirements.
Primary Issues to Consider
What is the project funding? The FIRM request is associated with the Donnelly Farm
subdivision; project funding is provided by Summergate. Barr Engineering provided a
cost estimate of $12,000 to complete the revised scope of work and address FEMA's
requirements.
Supporting Information (see attached)
• First Amendment to the Professional Services Agreement with Barr Engineering Co.
and Summergate Companies L.L.C.
• Barr Engineering contract amendment proposal dated July 7, 2015
Financial Impact: $0 Budgeted: N/A Source:
Related Documents (CIP, ERP, etc.):
Community Values: Safety Throughout the Community; Design that Connects the Community
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this I day of '2015, by, between and
among the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), BARR
ENGINEERING CO., a Minnesota corporation ("Engineer") and SUMMERGATE
COMPANIES L.L.C., a Minnesota limited liability company ("Summergate").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES
AGREE AS FOLLOWS:
1. AMENDMENT. The parties previously entered into a Professional Services
Agreement dated January 21, 2014 concerning Summergate's proposal to develop certain land in
the City of Lakeville which is in the floodplain ("Agreement"). The Agreement shall remain in full
force and effect except as amended by this First Amendment.
2. SCOPE OF SERVICES. Paragraph 2 of the Agreement is amended to provide:
The City retains Engineer to furnish the services set forth in the Contract Documents, Barr Proposal
Alternate "A" as supplemented by Barr's proposed contract amendment dated July 7, 2015. The
Engineer agrees to perform the services.
3. CONTRACT DOCUMENTS. Paragraph 3 of the Agreement is amended to
provide:
The following documents shall be referred to as the "Contract Documents," all of which shall be
taken together as a whole as the contract between the parties as if they were set verbatim and in full
herein:
A. This Professional Services Agreement;
B. Barr Proposal for Professional Services — Donnelly Farm Development LOMR
Application dated November 22, 2013;
C. Barr contract amendment — Donnelly Farm Development LOMR Application (South
Creek LOMR) contract amendment letter dated July 7, 2015; and
D. Insurance certificate.
In the event of conflict among the provisions of the Contract Documents, the order in which they
are listed above shall control in resolving any such conflicts, with Contract Document "A" having
the first priority and Contract Document "D" having the last priority.
4. COMPENSATION. Paragraph 4 of the Agreement is amended to provide:
Engineer shall be paid by the City for the services described in the Contract Documents as Alternate
"A" Thirty-seven Thousand Five Hundred Dollars ($37,500.00), inclusive of taxes and
reimbursable costs, and Twelve Thousand Dollars ($12,000.00) for the work described in the Barr
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Contract Amendment, inclusive of taxes and reimbursable costs, These not to exceed fees shall not
be adjusted if the estimated hours to perform a task, the number of estimated required meetings
or any other estimate or assumption is exceeded. Engineer shall invoice the City as the work
progresses and the City shall make progress payments to the Engineer.
5. REIMBURSEMENT, Paragraph 5 of the Agreement is amended to provide:
Summergate shall reimburse the City for all compensation the City pays to the Engineer for
services rendered by the Engineer pursuant to this Agreement. Summergate shall escrow with
the City Forty -Nine Thousand Five Hundred Dollars ($49,500.00) upon execution of this
Agreement. The City shall draw on the escrowed funds to pay the Engineer. If the Escrowed
funds are insufficient to pay the Engineer, the City will invoice Summergate for the balance
owed and Sumrnergate shall pay the invoice within thirty (30) days of receipt.
CITY OF LAKEN ILLS
Matt Little Mayor
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Charlene Friedges, City Clerk
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BARR ENGINEERING CO.
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SUMMERGATE COMPANIES L.L.C.
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resourceful. naturally. _BAR
engineering and environmental consultants
July 7, 2015
Mr. Zach Johnson
City of Lakeville, MN
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Donnelly Farm Development LOMB Application (South Creek LOMR) contract amendment
Dear Mr. Johnson:
As you are aware, the FEMA reviewer for the South Creek LOMR has informed us that FEMA Region 5 is
supporting the reviewer's requirement to tie-in within a 0.5 foot for all flood profiles (10 -year, 50 -year,
100 -year, and 500 -year) and for the channel bottom, which will require us to extend the South Creek
LOMR modeling further downstream. While we have not yet received an official written response from
FEMA about this, we need to move forward with extending the model so that we can provide all of the
necessary data to the FEMA reviewer within our 90 -day comment period.
Updating the LOMR SWMM model (post -project conditions) and associated models for the duplicate
effective and pre -project conditions, as well as updating the MT -2 forms to reflect the extension of the
model for up to two road crossings downstream of 202nd (including updates to flood inundation mapping,
topographic workmaps, annotated FIRM, flood profiles, floodway data tables, etc.) will require an
estimated level of effort of $12,000. This cost assumes up to 8 additional hours (after resubmittal to
FEMA) for responding to additional FEMA review comments. The City will also have to provide another
notification to homeowners for some homes just downstream of 202nd Street, therefore, this cost
estimate includes developing the letter (we will use the previous letter as a template) and associated
figure.
There are several unknowns that are not included in the above cost estimate, including whether or not
FEMA will require us to resubmit the updated/extended hydrologic modeling to the Interagency
Hydrology Review Committee and whether or not they will require that we resubmit the entire LOMR
package to the MN DNR for review and approval. If these, or other unforeseen items, are required by
FEMA, we would like to perform that additional work on a time and materials basis, with prior approval
from the City. In addition, if detailed modeling shows we cannot tie-in by 205th street, we'll need to
extend the model even further which will increase the cost beyond the estimate listed above - we will
communicate with you as soon as possible if this is the case and we will not move forward without
approval.
We do not anticipate any additional FEMA fees associated with the additional work we will be performing,
but we wanted to point out that the cost estimate does not include any additional FEMA fees.
In accordance to our Agreement with the City and the scope of work provided below, we request an
additional budget of up to $12,000 to address FEMA review comments for the South Creek LOMR.
Barr Engineering Co. 4700 West 77th Street, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com
Mr, Zach Johnson
July 7, 2015
Pane 2
Scope of Work:
+ Review the as-builts we have for the road crossings downstream of 202"0 Street
• Request and review easement information from the City
• Send the effective floodway map to the City of Lakeville for review and comment regarding using
the existing floodway downstream of 202nd Street as a first try. (Note that there may be some
revisions required to the floodway to prevent increases to the 100 -year water surface elevation
exceeding 0.5 feet)
+ Determine the location of the downstream boundary condition of the hydraulic model to verify
that flood elevations being impacted by the downstream boundary condition
Update the summary table of the multi -profile events and thalwag elevations to evaluate tie-in
locations. if tie-in at a crossing is not possible, we will look for locations between roadway
crossings.
• Complete a floodway simulation
o We assume that there will be a few iterations to develop a floodway that meets FEMA's
0.5 -feet rise requirement and also attempts to be consistent with the existing floodway
o Provide results of the floodway simulation to the City for review and comment.
• Update floodplain map
• Provide updated topographic work map to the City of Lakeville and Summergate Companies for
review/approval
• Update FEMA MT -2 forms and associated attachments
o includes the notification to homeowners for the area we will be adding downstream of
202nd Street
+ Provide LOMR submittal package to for the City of Lakeville and Summergate Companies for
review and signature
+ Submit the complete revised LOMR package to FEMA. The FEMA reviewer has confirmed that we
can use a Barr FTP site to submit the revised LOMR package
Please contact me if you need additional information or have questions. I can be reached by phone at
(952) 832-2755 or by email at ssobiech0barr.com.
Sincerely yours,
EngineeringBarr Co.
By
Its Vice President
Accepted this _ day of 2015
City of Lakeville
By
Its