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4.10. SR 12-05-2011REQUEST FOR ACTION TO ITEM NUMBER Ma or and Ci Council 4.10. AGENDA SECTION MEETING DATE PREPARED BY Consent December 5, 2011 ustin Femrite, P.E. ITEM DESCRIPTION REVIEWED By Consider Proposal for Inspection of Orono Dam Cal Portner, Ci Administrator REVIEWED BY ACTION REQUESTED Approval of the proposal in the amount of $11,900 as submitted by Ayres Associates for the completion of a comprehensive inspection of the Orono Dam. BACKGROUND/DISCUSSION The last structural renovation to the Orono Dam was completed in 1982. Since that time, periodic visual inspections and ongoing maintenance have been completed annually by city and Elk River Municipal Utilities staff. A comprehensive analysis is recommended to be completed at this time consistent with recommendations itemized in the Orono Dam Operation and Maintenance Manual. The work would include a visual inspection of the dam gates, spillways, abutments, embankments, and operating mechanisms. In addition, an underwater inspection will be completed on the upstream and downstream sides of the spillway. This underwater inspection work will include the concrete structures, gates, and other accessible sections of the dam components. The entire inspection would be summarized in a formal report identifying any deficiencies observed and recommended maintenance efforts required to correct said conditions. Proposals were solicited for the inspection from two firms who specialize in this type of work. The costs associated with the two proposals are summarized as follows: Ayres Associates - $11,900 Barr Engineering Company - $12,500 Staff reviewed the proposals and recommends approving the proposal from Ayres Associates. FINANCIAL IMPACT The $11,900 cost fox the project will come from the Street Improvement Reserve Fund. This project was included in the 2011 Capital Improvement Plan at an estimated cost of $30,000 from the Street Improvement Reserve Fund. ATTACHMENTS ^ Ayres Associates Proposal ^ 2011 CIP -Page 62, Orono Dam Inspection fulrE~Ee tY ~A~"U Action Motion by Second by Vote Follow Up P®MfE~f~ BY ~~ A S ASSCt+~ 1ATE October 24, 2011 Mr. Troy Adams Elk River Municipal Utilities 13069 Orono Parkway Elk River MN 55330-0430 Re: Orono Lake Dam Inspection Dear Mr. Adams: Thank you for the opportunity to submit this proposal for professional services for conducting an inspection at the Orono Lake Dam. This letter presents our proposed scope of services, time schedule, fee, and contract terms and conditions. Project Description The Orono Lake Dam has not been inspected by a Professional Engineer with experience in dam inspection for. many years. The Municipal Utility Department is requesting an inspection of the dam. Scope of Services 1. Provide a Professional Engineer registered in the State of Minnesota to complete an inspection of the Orono Lake Dam. This inspection will consist of visually inspecting the dam gates, spillways, abutments, embankments and operating mechanisms. The inspection will be limited to what can be seen from the surface of the structure. The inspection does not include entry into any confined spaces or aerial climbing inspection (these services can be provided if needed). 2. The US Army Corp of Engineers completed an inspection of this dam in 1978. We will review this report and compare findings of that inspection to the dam's current condition. Typically these reports include a summary of the dam's hydrology and hydraulics. We will use this information and other stream flow information which may be available to assess the dam's spillway capacity. 3. If any structural computations have been completed and are available, we will review these. Otherwise we will evaluate the structural configuration of the dam and provide recommendations for additional analysis if warranted. 4. Complete an itemized opinion of probable cost to replace the dam. This estimate will assume that the entire dam needs to be replaced, but will include itemization as requested by the City's insurance carrier. File: k:\water resource eng\administrative files\marketing\elk river mn\111128.docx Project: 00-0008.26 3433 Oakwood Hills Parkway « Eau Claire, WI 54701-7698 » 800.666.3103 • www.AyresAssociates.com Elk River Municipal Utilities October 24, 2011 Page 2 5. Complete an underwater inspection of the upstream and downstream sides of the spillway. This inspection will include the concrete structures, gates and other accessible sections of the dam components. The dive will be completed using surface supplied air and underwater communications. We do not plan to video tape the inspection; however if we find significant deficiencies, we will video tape the condition. We will have a backup diver available and ready to enter the water in the event of an emergency. 6. Prepare and submit to the City a summary report of the findings, cost estimates and underwater inspection. 7. Review the existing Inspection, Operation and Maintenance Plan (IOMP) for the dam. We will provide comments pertaining to required updates and recommendations for adequacy of plan and/or additional recommendations for inspection and operation activities. Responsibilities of Owner and Others Owner will provide access to available files for the dam and access to the site. Additional Services Additional services may include structural computations, dam hazard rating and inundation mapping or detailed structural inspection of gates. If additional services are needed we will provide a scope and fee estimate to the Owner for this work. Time Schedule We will complete this work within 90 days of receipt of notice to proceed. Fee We will perform the above services for a lump sum amount of $11,900. The fee breakdown is as follows: Inspection and Report $3,500 Underwater Inspection and Report $8,200 Review of IOMP $200 Contract Terms and Conditions Attached are "Contract Terms and Conditions" which will apply to the services and which are incorporated into this proposal by reference. Acceptance If this proposal and terms and conditions are acceptable to you, a signature on the enclosed copy of this letter will serve as our authorization to proceed. We can also proceed on this work with a purchase order issued by the City. This proposal is valid until December 15, 2011 unless extended by us in writing. Elk River Municipal Utilities October 24, 2011 Page 3 Proposed by Consultant: Ayres Associa/~tes Inc i/t/t Christopher T. Goodwin, PE Manager -Water Resources Accepted by Owner: Owner's Name Signature Name Title Date Attachments: Contract Terms and Conditions AYRES ASSOCIATES CONTRACT TERMS AND CONDITIONS 1. Performance of Services: Consultant shall perform the services outlined in its proposal to Owner in consideration of the stated fee and payment terms. 2. Billing and Payment: Invoices for Consultant's services shall be submitted to Owner on a monthly basis. Invoices shall be due and payable within 30 days from date of invoice. If any invoice is not paid within 30 days, Consultant may, without waiving any claim or right against Owner, and without liability whatsoever to Owner, suspended or terminate the performance of services. Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 1.5% on the unpaid balance, or the maximum rate of interest permitted by law, if less. The amount of any excise, value-added, gross receipts, or sales taxes that may be imposed on payments shall be added to Consultant's compensation. No deductions or offsets shall be made from Consultant's compensation or expenses on account of any setoffs or back charges. 3. Access to Site: Owner shall furnish right-of--entry on the project site for Consultant and, if the site is not owned by Owner, warrants that permission has been granted to make planned explorations pursuant to the scope of services. Consultant will take reasonable precautions to minimize damage to the site from use of equipment, but has not included costs for restoration of damage that may result and shall not be responsible for such costs. 4. Location of Utilities: Consultant shall use reasonable means to identify the location of buried utilities in the areas of subsurface exploration and shall take reasonable precautions to avoid any damage to the utilities noted. However, Owner agrees to indemnify and defend Consultant in the event of damage or injury arising from damage to or interference with subsurface structures or utilities which result from inaccuracies in information or instructions which have been furnished to Consultant by others. 5. Hazardous Materials: In the event that unanticipated potentially hazardous materials are encountered during the course of the project, Owner agrees to negotiate a revision to the scope of services, time schedule, fee, and contract terms and conditions. If a mutually satisfactory agreement cannot be reached between both parties, the contract shall be terminated and Owner agrees to pay Consultant for all services rendered, including reasonable termination expenses. 6. Insurance: Consultant shall maintain Workers' Compensation, General Liability, and Automobile Liability Insurance during its services for Owner. Consultant shall furnish a Certificate of Insurance to Owner upon written request. Owner agrees that Consultant shall not be liable or responsible to Owner for any loss, damage, or liability beyond the amounts, limits, exclusions, and conditions of such insurance. 7. Limitation of Professional Liability: Owner agrees to limit Consultant's professional liability to an amount of $50,000 or Consultant's fee, whichever is greater. In the event that Owner does not wish to limit Consultant's professional liability to this sum, Consultant agrees to raise the limitation of liability to a sum not to exceed $1,000,000 for increased consideration of ten percent (10%) of the total fee or $500, whichever is greater, upon receiving Owner's written request prior to the start of Consultant's services. 8.Opinions of Probable Costs: Consultant's opinions of probable project costs are made on the basis of Consultant's experience, qualifications and judgment; but Consultant cannot and does not guarantee that actual project costs will not vary from opinions of probable cost. 9. Construction Review: Consultant does not accept responsibility for the design of a construction project unless the Consultant's contract includes review of the contractor's shop drawings, product data, and other documents, and includes site visits during construction in order to ascertain that, in general, the work is being performed in accordance with the construction contract documents. 10. Construction Observation: On request, Consultant shall provide personnel to observe construction in order to ascertain that, in general, the work is being performed in accordance with the construction contract documents. This construction observation shall not make Consultant a guarantor of the contractor's work. The contractor shall continue to be responsible for the accuracy and adequacy of all construction performed. In accordance with generally accepted practice, the contractor will be solely responsible for the methods of construction, direction of personnel, control of machinery, and falsework, scaffolding, and other temporary construction aids. In addition, all matters related to safety in, on, or about the construction site shall be under the direction and control of the contractor and Consultant shall have no responsibility in that regard. Consultant shall not be required to verify any part of the work performed unless measurements, readings, and observations of that part of the construction are made by Consultant's personnel. 11. Standard of Performance: The standard of care for all professional services performed or furnished by Consultant under this contract will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant does not make any warranty or guarantee, expressed or implied, nor is this contract subject to the provisions of any uniform commercial code. Similarly, Consultant will not accept those terms and conditions offered by Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in writing. Written acknowledgement of receipt or the actual performance of services subsequent to receipt Contract Terms and Conditions Page 1 of 2 of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 12. Ownership of Documents: All documents produced by Consultant under this contract are instruments of Consultant's professional service and shall remain the property of Consultant and may not be used by Owner for any other purpose without the prior written consent of Consultant. 13. Electronic Files: Owner and Consultant agree that any electronic files furnished by either party shall conform to the specifications agreed to at the time this contract is executed. Electronic files furnished by either party shall be subject to an acceptance period of 60 days during which the receiving party agrees to perform appropriate acceptance tests. The party furnishing the electronic file shall correct any discrepancies or errors detected and reported within the acceptance period. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. Owner is aware that differences may exist between the electronic files delivered and the printed hard-copy documents. In the event of a conflict between the hard-copy documents prepared by Consultant and electronic files, the hard-copy documents shall govern. 14. Termination of Services: This contract may be terminated at any time by either party should the other party fail to perform its obligations hereunder. In the event of termination for any reason whatsoever, Owner shall pay Consultant for all services rendered to the date of termination, all reimbursable expenses incurred prior to termination, and reasonable termination expenses incurred as the result of termination. 15. Controlling Law: This contract is to be governed by the law of the place of business of Consultant at the address in its proposal to Owner. 16. Assignment of Rights: Neither Owner nor Consultant shall assign, sublet or transfer any rights under or interest in this contract (including, but without limitation, moneys that may become due or moneys that are due) without the written consent of the other, except to the extent mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this contract. Nothing contained in this paragraph shall prevent Consultant from employing such independent subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 17. Third Party Benefits: This contract does not create any benefits for any third party. 18. Dispute Resolution: Owner and Consultant agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to exercising their rights under the following dispute resolution provision. If direct negotiations fail, Owner and Consultant agree that they shall submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this contract or the breach thereof to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association effective on the date of this contract prior to exercising other rights under law. 19. Exclusion of Special, Indirect, Consequential, and Liquidated Damages: Consultant shall not be liable, in contract or tort or otherwise, for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill, claim of third parties, or similar damages arising out of or connected in any way to the project or this contract. 20. Betterment: If, due to Consultant's negligence, a required item or component of the project is omitted from the construction documents, Consultant's liability shall be limited to the reasonable cost of correction of the construction, less what Owner's cost of including the omitted item or component in the original construction would have been had the item or component not been omitted. It is intended by this provision that Consultant will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project. 21. Amendments: This contract may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Contract Terms and Conditions Page 2 of 2 2011 thru 2015 Capital Improvement Plan City of Elk River, Minnesota Project # ST-15 Project Name Orono Dam Type Study Useful Life 15 years Category Unassigned ~ Description Department Sheets Contact Stmt Supt. Priority n/a 1 exanunation of Orono Dam stllzcture and a written report summarizing the findings and reconunending for the future. Justification ~ I'he Orono Daln is approximately 30 years old, therefore it is time for a complete physical examination of its ;ondition, including a written report - recomrnending any maintenance action's for the future. Expenditures 2011 2012 2013 2014 2015 Total Planning/Design 30,000 30,000 Total Funding Sources 30,000 2011 2012 2013 30,000 2014 2015 Total Street Improvement Reserve 30,000 30,000 Total 30,000 30,000 Page 62