2.5. ERMUSR 03-15-2016 Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO: FROM:
Elk River Municipal Utilities Commission Eric Volk-Water Superintendent
John Dietz—Chair
Al Nadeau—Vice Chair
Daryl Thompson—Trustee
MEETING DATE: AGENDA ITEM NUMBER:
March 15, 2016 2.5
SUBJECT:
Professional Services Agreement with Short Elliott Hendrickson(SEH) for the Construction
Phase of the Water Treatment Plant(WTP) #7 Expansion.
BACKGROUND:
The Water Treatment Plant#7 Expansion construction bid was awarded to Municipal Builders
Inc. at the February 9, 2016 commission meeting. The attached agreement for professional
services authorizes and describes the scope, schedule, and payment conditions for SEH to
oversee the construction phase of the WTP#7 Expansion.
DISCUSSION:
SEH will perform inspections and oversee the construction of the treatment plant expansion.
SEH completed the design and facilitated the bidding of the expansion project.
ACTION REQUESTED:
Staff recommends the Commission receive the Agreement for Professional Services with SEH.
ATTACHMENTS:
• Agreement for Professional Services with Short Elliott Hendrickson
POIEOEO BY
EIR Page 1 of 1 NATURE
Reliable Public
Power Provider P OWERED T O S ERV E
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Agreement for Professional Services
This Agreement is effective as of February 9, 2016, between Elk River Municipal Utilities(Client)and Short Elliott
Hendrickson Inc. (Consultant).
This Agreement authorizes and describes the scope, schedule,and payment conditions for Consultant's work on
the Project described as:Water Treatment Plant No.7 Expansion.
Client's Authorized Representative: Eric Volk
Address: 13069 Orono Parkway, P.O. Box 430
Elk River, MN 55330
Telephone: (763)635-1361 email: evolk@elkriverutilities.com
Project Manager: Miles B. Jensen,P.E.
Address: 3535 Vadnais Center Drive
St. Paul, MN 55110
Telephone: (651)490-2020 email: mjensen@sehinc.com
Scope:The Basic Services to be provided by Consultant as set forth herein is provided subject to the attached
General Conditions of the Agreement for Professional Services(General Conditions of the Agreement for
Professional Services for the Elk River Water Treatment Plant No.7 Expansion),which is incorporated by
reference herein and subject to Exhibits attached to this Agreement.
Refer to Attachment 1 for description of project scope to be performed by SEH. The project scope is limited to the
basic services only.
Schedule: Refer to Attachment 1 for description of project schedule.
Payment:A retainer in the amount of$0 will be paid in advance of Consultant starting work and will be applied to
the final invoice(s).
The fee is hourly estimated to be 145,953.00 including expenses and equipment.
The payment method, basis,frequency and other special conditions are set forth in attached Exhibit A-1.
This Agreement for Professional Services,attached General Conditions, Exhibits and any Attachments
(collectively referred to as the"Agreement")supersedes all prior contemporaneous oral or written agreements and
represents the entire understanding between Client and Consultant with respect to the services to be provided by
Consultant hereunder. In the event of a conflict between the documents,this document and the attached General
Conditions shall take precedence over all other Exhibits unless noted below under"Other Terms and Conditions".
The Agreement for Professional Services and the General Conditions(including scope,schedule, fee and
signatures) shall take precedence over attached Exhibits. This Agreement may not be amended except by written
agreement signed by the authorized representatives of each party.
Short Elliott Hendrickson Inc. Letter Agreement-1 Elk River Municipal Utilities
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Other Terms and Conditions: Other or additional terms contrary to the General Conditions that apply solely to
this project as specifically agreed to by signature of the Parties and set forth herein:
None.
closerstmjansentdocumentsvnbtlelk rivertfinal conlracttletter agreement.docx
Short Elliott Hendrickson Inc, Elk River Municipal Utilities
By: By:
Miles B. Jensen, P.E. �/�
Title: Regional Practice Center Leader Title: i�e�-�.( f tete p�
Short Elliott Hendrickson Inc. Letter Agreement-2 Elk River Municipal Utilities
(Rev.02.06.15)
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General Conditions of the Agreement for Professional Services
for the Elk River Water Treatment Plant No.1 Expansion
SECTION I—SERVICES OF CONSULTANT construction costs,specifications,drawings,proposals,change
orders,supplemental agreements and other documents presented
A. General
I. Consultant agrees to perform professional services as set forth in by Consultant and render the necessary decisions and instructions
so that Consultant may provide services in a timely manner.
the Agreement for Professional Services or Supplemental Letter
Agreement("Basic Services").Nothing contained in this 4. Client shall require all utilities with facilities within the Client's
Agreement shall create a contractual relationship with or a cause of Project site to locate and mark said utilities upon request,relocate
action in favor of a third party against either the Client or the and/or protect said utilities as determined necessary to
Consultant.The Consultant's services under this Agreement are accommodate work of the Project,submit a schedule of the
being performed solely for the Client's benefit,and no other party necessary relocation/protection activities to the Client for review
or entity shall have any claim against the Consultant because of and comply with agreed upon schedule.Consultant shall not be
this Agreement or the performance or nonperformance of services liable for damages which arise out of Consultant's reasonable
hereunder. reliance on the information or services furnished by utilities to
Client or others hired by Client.
B. Schedule 5. Consultant shall be entitled to rely on the accuracy and
I. The Basic Services shall be completed as provided on completeness of information or services furnished by the Client or
Attachment 1. others employed by the Client and shall not be liable for damages
2. If Client has requested changes in the scope,extent,or character of arising from reasonable reliance on such materials.Consultant
the Project or the services to be provided by Consultant,the time shall promptly notify the Client if Consultant discovers that any
of performance and compensation for Consultant's services shall information or services furnished by the Client is in error or is
be adjusted equitably.The Client agrees that Consultant is not inadequate for its purpose.
responsible for damages arising directly or indirectly from delays
beyond Consultant's control.If the delays resulting from such SECTION Ill—PAYMENTS
causes increase the cost or the time required by Consultant to A. Invoices
perform its services in accordance with professional skill and care, 1. The Consultant shall submit itemized bills for professional services
then Consultant shall be entitled to an equitable adjustment in performed under this Agreement on a monthly basis. Bills
schedule and compensation. submitted shall be paid in the same manner as other claims made to
C. Additional Services the Client.
I. None will berovided.
p SECTION IV—GENERAL CONSIDERATIONS
D. Termination
I. This Agreement may be terminated by the Consultant effective A. Standards of Performa nee
upon sixty(60)days'written notice delivered to the Client at the 1. Consultant shall exercise the same degree of care,skill and
address written above. The Client may terminate this Agreement diligence in the performance of the services as is ordinarily
effective immediately,upon written notice to the Consultant. exercised by members of the profession under similar
Upon termination under this provision,the Consultant shall be paid circumstances in Minnesota. Consultant shall be liable to the
for services rendered and reimbursable expenses until the effective fullest extent permitted under applicable law,without limitation,
date of termination, for any injuries,loss,or damages proximately caused by
2. If however the Client terminates this Agreement because the Consultant's breach of this standard of care. Consultant shall put
Consultant has failed to perform in accordance with this forth reasonable efforts to complete its duties in a timely manner.
Agreement,no further payment shall be made to Consultant,and Consultant shall not be responsible for delays caused by factors
beyond its control or that could not be reasonably foreseen at the
Work.
the Client may retain another consultant to undertake or complete time of the execution of this Agreement. Consultant shall be
the responsible for costs or damages arising from unreasonable delays
SECTION II—CLIENT RESPONSIBILITIES in the completion of the services.
A. General B. Indemnity for Environmental Issues
1. The Client shall,in proper time and sequence and where L Consultant is not a user,generator,handler,operator,arranger,
appropriate to the Project,at no expense to Consultant,provide tUll storer,transporter or disposer of hazardous or toxic substances,
information as to Client's requirements for the services provided therefore the Client agrees to hold harmless,indemnify and defend
by Consultant and access to all public and private lands required Consultant and Consultant's officers,directors,subconsultant(s),
for Consultant to perform its services. employees and agents from and against any and all claims,losses,
including but not limited to costs of and
liability y costs,
2. The Consultant is not a municipal advisor and therefore Client d
shall provide its own legal,accounting,financial and insurance defense,arising out of or in any way connected with,the presence,
counseling and other special services as maybe required for the discharge,release,or escape of hazardous or toxic substances,
Project.Client shall provide to Consultant all data(and pollutants or contaminants of any kind at the site.
professional interpretations thereof)prepared by or services C. Indemnification
performed by others pertinent to Consultant's services,including I. Consultant agrees to indemnify and hold harmless the City and its
but not limited to,previous reports;sub-surface explorations; officials,employees and agents from any liability,claims,
laboratory tests and inspection of samples;environmental damages,costs,losses,judgements,or expenses,including
assessment and impact statements,surveys,property descriptions; reasonable attorney's fees,resulting directly or indirectly from a
zoning,deed and other land use restrictions;as-built drawings, negligent act or omission(including without limitation
electronic data base and maps.The costs associated with professional errors or omissions)of the Consultant,its agents,
correcting,creating or recreating any data that is provided by the employees,or subeonsultants in performance of the services
Client that contains inaccurate or unusable information shall be the provided by this Agreement.
responsibility of the Client. D. Assignment
3. Client shalt provide prompt written notice to Consultant whenever 1 Neither party to this Agreement shall transfer,sublet or assign any
the Client observes or otherwise becomes aware of any changes in
the Project or any defect in Consultant's services,Client shall rights under,or interests in,this Agreement or claims based on this
Agreement without the prior written consent of the other party.
promptly examine all studies,reports,sketches,opinions of
Short Elliott Hendrickson Inc. General Conditions-'I Elk River Municipal Utilities
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Any assignment in violation of this subsection shall be null and Client. Said policy shall provide an aggregate limit of$2,000,000.
void. Said policy shall not name the Client as an insured.
E. insurance 5. Consultant shall maintain in effect all insurance coverages required
I. General Liability. Prior to starting the Work,Consultant shall under this Agreement at Consultant's sole expense and with
procure,maintain and pay for such insurance as will protect insurance companies licensed to do business in the state in
against claims for bodily injury or death,or for damage to Minnesota and having a current A.M.Best rating of no less than
property,including loss of use,which may arise out of operations A-,unless specifically accepted by Client in writing. In addition to
by Consultant or by any subcontractor or by anyone employed by the requirements stated above,the following applies to the
any of them or by anyone for whose acts any of them may be insurance policies required under this Paragraph:
(a) Alt policies,except the Professional Liability Insurance
liable. Such insurancees shall include,a but not be limited to, policy,shall be written on an"occurrence"form("claims
minimume ,or required abyd limits Theof inability specifiedshall in this made"and"modified occurrence"forms are not
Paragraph,or law. policy(ies) name the
Client as an additional insured for the services provided under this acceptable);
Agreement and shall provide that the Consultant's coverage shall (b) All policies,except the Professional Liability Insurance
be primary and noncontributory in the event of a loss. policy,shall be applied on a per projectbasis;
2. Consultant shall procure and maintain the following minimum (c) All policies,except the Professional Liability Insurance
insurance coverages and limits of liability on this Project: and Worker's Compensation Policies,shall contain a
waiver of subrogation naming"the Client of Elk River";
Workers Compensation Statutory Limits (d) All policies,except the Professional Liability Insurance
Employer's Liability $500,000 each accident and Worker's Compensation Policies,shall name"the
$500,000 disease policy limit Client of Elk River"as an additional insured;
$500,000 disease each employee (e) All policies,except the Professional Liability Insurance
Comprehensive General $1,500,000 property damage and and Worker's Compensation Policies,shall insure the
Liability bodily injury per defense and indemnity obligations assumed by Consultant
occurrence under this Agreement;and
$2,000,000 general aggregate (f) All policies shall contain a provision that coverages
afforded thereunder shall not be canceled or non-renewed,
$2,000,000 Products—Complete nor shall coverage limits be reduced by endorsement,
Operations Aggregate without thirty(30)days prior written notice to the Client.
$100,000 fire legal liability each A copy of the Consultant's Certificate of Insurance which
occurrence evidences the compliance with this Paragraph 20,must be filed
$5,000 medical expense with Client prior to the start of Consultant's Work. Upon
Comprehensive Automobile $1,000,000 combined single limit request,a copy of the Consultant's insurance declaration page,
Liability each accident(shall Rider and/or Endorsement,as applicable shall be provided. Such
include coverage for all documents evidencing Insurance shall be in a form acceptable to
owned,hired and non• Client and shall provide satisfactory evidence that Consultant has
owned vehicles. complied with all insurance requirements. Renewal certificates
Umbrella or Excess Liability $1,000,000 shall be provided to Client prior to the expiration date of any of the
required policies. Client will not be obligated,however,to review
3. The Comprehensive General/Commercial General Liability such Certificate of Insurance,declaration page,Rider,
policy(ies)shall be equivalent in coverage to ISO form CO 0001, Endorsement or certificates or other evidence of insurance,or to
and shall include the following: advise Consultant of any deficiencies in such documents and
(a) Premises and Operations coverage with no explosions, receipt thereof shall not relieve Consultant from,nor be deemed a
collapse,or underground damage exclusion()CCU). waiver of,Client's right to enforce the terms of Consultant's
(b) Products and Compteted Operations coverage. Consultant obligations hereunder. Client reserves the right to examine any
agrees to maintain this coverage for a minimum of two(2) policy provided for under this paragraph.
years following completion of its work. Said coverage 6. Effect of Consultant's Failure to Provide Insurance. If Consultant
shall apply to bodily injury and property damage arising fails to provide the specified insurance,then Consultant will
out of the products-completed operations hazard. defend,indemnify and hold harmless the Client,the Client's
(c) Personal injury with Employment Exclusion(if any) officials,agents and employees from any loss,claim,liability and
deleted. expense(including reasonable attorney's fees and expenses of
(d) Broad Form CO 0001 0196 Contractual Liability coverage, litigation)to the extent necessary to afford the same protection as
or its equivalent. would have been provided by the specified insurance. Except to
(e) Broad Form Property Damage coverage,including the extent prohibited by law,this indemnity applies regardless of
completed operations,or its equivalent. any strict liability or negligence attributable to the Client
(f) Additional Insured Endorsement(s),naming the"Elk River (including sole negligence)and regardless of the extent to which
Municipal Utilities"as an Additional Insured,on ISO form the underlying occurrence(i.e.,the event giving rise to a claim
CO 20 10 07 04 or such other endorsement form as is which would have been covered by the specified insurance)is
approved by the Client. attributable to the negligent or otherwise wrongful act or omission
(including breach of contract)of Consultant,its subcontractors,
(g) If the Work to be performed is on an attached community, agents,employees,or delegates. Consultant agrees that this
there shall be no exclusion for attached or condominium indemnity shall be construed and applied in favor of
projects. indemnification. Consultant also agrees that if applicable law
(h) "Stop gap"coverage for work in those states where limits or precludes any aspect of this indemnity,then the indemnity
Workers'Compensation Insurance is provided through a will be considered limited only to the extent necessary to comply
state fund if Employer's liability coverage is not available. with that applicable law. The stated indemnity continues until all
(i) Severability of Insureds provision. applicable statutes of limitation have run.
4. Professional Liability Insurance. The Consultant agrees to provide If a claim arises within the scope of the stated indemnity,the
to the Client a certificate evidencing that they have in effect,with Client may require Consultant to:
an insurance company in good standing and authorized to do (a) Furnish and pay for a surety bond,satisfactory to the
business in Minnesota,a professional liability insurance policy. Client,guaranteeing performance of the indemnity
Said policy shall insure payment of damage for legal liability obligation;or
arising out of the performance of professional services for the
Short Elliott Hendrickson inc. General Conditions-2 Elk River Municipal Utilities
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(b) Furnish a written acceptance of tender of defense and M. waiver.
indemnity from Consultant's insurance company. 1. Any waiver by either party of a breach of any provision of this
Consultant wilt take the action required by the Client within fifteen Agreement shall not affect,in any respect,the validity of the
(15)days of receiving notice from the Client. remainder of this Agreement.
F. Records Access N. Conflicts.
1. The Consultant shall provide the Client access to any books, 1. No salaried officer or employee of the Client and no member of
documents,papers,and records which are directly pertinent to the the Client's Board shall have a financial interest,direct or indirect,
specific contract,for the purpose of making audit,examination, in this Agreement. The violation of this provision renders the
excerpts,and transcriptions,for three years after final payments Agreement void. Any federal regulations and applicable state
and all other pending matters related to this contract are closed. statutes shall not be violated.
G. Audit Disclosure
I. The Consultant shall allow the Client or its duly authorized agents SECTION V—DISPUTE RESOLUTION
reasonable access to such of the Consultant's books and records as
are pertinent to the work performed under this Agreement. Any A. Mediation
reports,information,data,etc.given to,or prepared or assembled I. I.Each dispute,claim or controversy arising from or related to this
by,the Consultant under this Agreement which the Client requests Agreement or the relationships which result from this Agreement
to be kept confidential shall not be made available to any shall be subject to mediation as a condition precedent to initiating
individual or organization without the Client's prior written arbitration or legal or equitable actions by either party. Unless the
approval. All finished or unfinished documents,data,studies, parties agree otherwise,the mediation shall be in accordance with
surveys,drawings,maps,models,photographs,and reports the Commercial Mediation Procedures of the American Arbitration
prepared by the Consultant shall become the property of the Client Association then currently in effect. A request for mediation shall
upon termination of this Agreement,but Consultant may retain be filed in writing with the American Arbitration Association and
copies of such documents as records of the services provided. the other party. No arbitration or legal or equitable action may be
H. Independent Consultant instituted for a period of ninety(90)days from the filing of the
I. independent Consultant. At all times and for all purposes herein, request for mediation unless a longer period of time is provided by
the Consultant is an independent contractor and not an employee of agreement of the parties. Cost of mediation shall be shared equally
the Client. No statement herein shall be construed so as to find the between the parties. Mediation shall be held in the City of Elk
Consultant an employee of the Client. River unless another location is mutually agreed upon by the
parties. The parties shall memorialize any agreement resulting
I. Non-Discrimination. from the mediation in a Mediated Settlement Agreement,which
1. During the performance of this Agreement,the Consultant shall Agreement shall be enforceable as a settlement in any court having
not discriminate against any employee or applicant for jurisdiction thereof.
employment because of race,color,creed,religion,national origin,
B. Litigation—Choice of Venue and Jurlsdietton
sex,marital status,status with regard to public assistance, 1. Any litigation arising under this Agreement shall be venued in
disability,or age. The Consultant shall post in places available to1.
County District Court,Minnesota.
employees and applicants for employment,notices setting forth the
provision of this non-discrimination clause and stating that all SECTION VI—INTELLECTUAL PROPERTY
qualified applicants wilt receive consideration for employment.
The Consultant shall incorporate the foregoing requirements of this A. Ownership of Documents
paragraph in all of its subcontracts for program work,and wilt I. All plans,diagrams,analyses,reports and information generated in
require all of its subcontractors for such work to incorporate such connection with the performance of the Agreement
requirements in all subcontracts for program work. ("Information")shall become the property of the Client. The
J. Severability. Client may use the Information for its purposes and the Consultant
1. The provisions of this Agreement are severable. If any portion also may use the Information for its purposes. Reuse of the
Information for the purposes of the project contemplated by this
hereof is,for any reason,held by a court of competent jurisdiction
to be contrary to law,such decision shall not affect the remaining Agreement(Project")does not relieve any liability on the part of
of this Agreement. the Consultant,but any reuse of the Information by the Client or
provisionsthe Consultant beyond the scope of the Project is without liability
K. Entire Agreement. to the other,and the party reusing the Information agrees to defend
1. The entire agreement of the parties is contained herein. This and indemnify the other from any claims or liability resulting
Agreement supersedes all oral agreements and negotiations therefrom.
between the parties relating to the subject matter hereof as well as
any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations,amendments,
deletions,or waivers of the provisions of this Agreement shall be
valid only when expressed in writing and duly signed by the
parties,unless otherwise provided herein.
L. Compliance with Laws and Regulations.
1. In providing services hereunder,the Consultant shall abide by all
statutes,ordinances,rules and regulations pertaining to the
provisions of services to be provided. The Consultant and Client,
together with their respective agents and employees,agree to abide
by the provisions of the Minnesota Data Practices Act,Minnesota
Statutes Section 13,as amended,and Minnesota Rules
promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances,rules and regulations pertaining to the services to be
provided shall constitute a material breach of this Agreement and
entitle the Client to immediately terminate this Agreement.
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i
SEH
February 13, 2016 RE: Professional Construction Phase
Engineering Services for:
WTP No. 7 Expansion
Elk River Municipal Utilities
Elk River, Minnesota
SEH No. ELKMU P-132543
Mr. Eric Volk, Water Superintendent
Elk River Municipal Utilities
13069 Orono Parkway, P.O. Box 430
Elk River, MN 55330
Dear Eric:
Elk River Municipal Utilities is proposing to expand Water Treatment Plant No. 7 to increase the volume
of treated drinking water produced for its public water system. On August 24, 2105, Elk River Municipal
Utilities retained the services of SEH to design and prepare construction plans and specifications for the
expansion project. At this point, the Utility has bid and awarded a contract to Municipal Builders, Inc for
construction of the proposed facility expansion.
This letter outlines SEH's proposal to provide professional construction phase engineering services
involving contract administration and field observation efforts associated with construction of the Water
Treatment Plant No. 7 expansion.
SEH's proposed scope of services includes the following tasks:
A. PROSECT DESCRIPTION
This project involves the expansion of Water Treatment Plant No. 7 for the treatment of Well No. 9. The
expansion includes the construction of an additional filter room, installation of a new pressure filter,as
well as the necessary building addition and modifications,chemical feed, HVAC, plumbing and utility
modifications and electrical upgrades.
R. SCOPE OF SERVICES®BASIC CONSTRUCTION PHASE SERVICES
The scope of work for this Project has been broken down into four(4) primary phases, identified as
follows:
Phase Description
1 Construction Administration
2 Construction Observation
3 Operator Training and Plant Start-Up
4 Contract Close Out
SEH agrees to provide the following Services under this Agreement:
Task 1 Construction Administration Feb 1, 2016 to Sul 7, 2017
During this phase of the Project, the following services will be performed:
1.1 Prepare and distribute construction contract documents for execution by Municipal Builders, Inc
and Elk River Municipal Utilities following project award by the Utility Commission.
1.2 Hold pre-construction conference on, or about, February 19, 2016.
1.3 Begin contract administration, act as Utility's Liaison with Contractor.
Short Elliott Hendrickson Inc.13536 Madams Center Drive I Saint Paul MN 55110-5196
SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 1 800.325.2055 I 651.490.2150 fax
68
Mr. Eric yolk
SEH Proposal for Construction Phase Professional Engineering Services WTI'No.7 Expansion
February 13,2016
Page 2
1.4 Assist Elk River Municipal Utilities with solicitation of construction phase geotechnical services for
the testing of soil compaction.
1.5 Review shop drawings.
1.6 Respond to Contractor questions in the interpretation of contract documents.
1.7 Provide construction staking of utility pipeline structures.
1.8 Review Contractor's payroll reports and recommend approval of contractor's partial payment
requests.
1.9 Attend twice-monthly meetings with contractor and Utility Staff.
Task 2—Construction Observation Mar 7, 2016 to May 19, 2017
2.1 Perform periodic on-site construction observation to become generally familiar with the progress
and quality of the contractor's work and to determine if the work is proceeding in general
accordance with the Contract Documents.
2.2 Coordinate construction activities with Utility staff.
2.3 Review and advise Utility staff on Contractor submitted construction progress schedule. Respond
to Contractor on appropriateness of the submitted construction progress schedule as it relates to
the specified schedule.
2.4 Attend periodic job site progress meetings and maintain field observation notes when present
on-site:
2.4.1 Work activities and work force for all contractors and subcontractors
2.4.2 Meetings, discussions, observations and decisions
2.4.3 Photograph Project progress
2.5 Special Inspections: Coordinate and perform special inspections as may be required by the City's
Building Official.
2.6 Coordinate with the City's contracted materials testing company for geotechnical soils testing
services in concert with current construction activities.
2.7 Coordinate with the contractor's contracted materials testing company for concrete plasticity and
strength testing.
2.8 Prepare reports as may be required by the City's Building Official.
2.9 Observe that record plans are maintained by all contracting forces
2.10 Observe that all plant tankage and piping be cleaned and disinfected per AWWA and State
Plumbing Code guidelines prior to start-up.
Task 3—Operator Training and Plant Start-Up Jan 2, 2017 to Apr 28, 2017
3.1 Throughout the construction period, provide discussions and instruction to Utility staff on the
progress of construction.
3.2 Attend equipment start-up training provided to Utility staff by the contractors'equipment
suppliers.
3.3 Coordinate Contractor's process and plant start up activities with Utility staff.
3.4 Assist and instruct Utility staff on changes, start-up and operation of the upgraded SCADA
program and controls.
3.5 Observe and assist Utility staff with plant start-up and operations through the Contractor's
demonstration period.
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Mr. Eric Volk
SEH Proposal for Construction Phase Professional Engineering Services WTP No. 7 Expansion
February 13,2016
Page 3
Task 4—Contract Close Out May 1, 2017 to Jul 7, 2017
4.1 Request and obtain final Operation and Maintenance manuals for contractor provided equipment.
4.2 Request and obtain final copies of as-built drawings and sketches from contractor.
4.3 Prepare construction punch lists to expedite project completion.
4.4 Prepare"record"electronic as-built drawings, plus copies of all site observation notes and.field
plans from all contracting forces and project field personnel.
4.5 Request and obtain final payroll reports, lien waivers and State Tax withholding forms from
Contractor and subs
4.6 Recommend final payment to contractor upon project completion. Recommendation letter will
be signed by Project Manager, Miles Jensen, who is a Principal of SEH.
4.7 Notify surety of final payment and commencement of warranty period.
D. SEH PROJECT TEAM
For this project, the complete SEH team that worked on the design phase, will continue working on the
project through the construction phase. Key members of the team will continue to be:
Miles Jensen,PE,who is a principal at SEH and the Water Practice Center Leader,will serve as project
manager and lead engineer for this project and will be responsible for coordinating the work and the
work schedule with all team members.
John Thom, Operation Specialist, During construction, John will provide training to the Utility's
operators so there is a common understanding of how the new facilities will be incorporated with the
existing. Once the facility construction achieves Substantial Completion,John will oversee facility start-
up with the Utility's operators.
Chris Larson, PE and Colin Fitzgerald, EIT will serve as the Lead Process Designer and Project
Engineer. In these roles, Chris and Colin will provide day to day engineering efforts associated with the
construction phase activities.
Mike Hemstad, PE will continue to lead the structural design of the facility, and coordinate
observation efforts and special inspections with structural engineer, Jason Burns.
Scott Blank,AIA will lead and direct the architectural development and design of the facility.
Chris Wolfgram, NACE III Certified Coating Expert,will coordinate shop and field blast and
coating inspections for the new pressure filter, as well as the new and existing structures and piping
systems.
Tom Honer,PE, leader of SEH's Electrical Group, will continue to lead the electrical design and
plant control/SCADA system improvements with electrical engineer, Peter Christensen.
Nick Brula, PE will continue to lead the mechanical plumbing and HVAC designs and will perform
observation efforts and start-up operations.
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Mr. Eric Volk
SEH Proposal for Construction Phase Professional Engineering Services WTP No.7 Expansion
February 13, 2016
Page 4
E, SCHEDULE
We will begin work promptly after receipt of your authorization. Our expected schedule is identified in
the Scope of Services section presented above. Our schedule is developed based upon the scope and
schedule set forth in the construction contract documents and is restated below:
Phase Description Activity Dates
1 Construction Administration Feb 1, 2016 to Jul 7, 2017
2 Construction Observation Mar 7, 2016 to May 19, 2017
3 Operator Training and Plant Start-Up Jan 2, 2017 to Apr 28, 2017
4 Contract Close Out May 1, 2017 to Jul 7, 2017
F. COMPENSATION
Costs for professional construction phase engineering services are dependent on significant factors
outside our control, including, but not limited to:
1. Extent of on-site presence desired by the City
2. The contractor's responsiveness, competency, and profit level
3. Weather conditions and schedule adherence
We propose to complete the above outlined Basic Construction Phase Services on an hourly basis as
laid out on the attached Task, Hour and Fee schedule in accordance with our standard billing rate
schedule. We view these efforts and fees to be reasonable based upon our understanding for the
level of on-site observation and administrative efforts that are likely to be necessary for this project.
Elk River Municipal Utilities may adjust the hours and tasks if need be to meet your interests and
project expectations.
Assuming a 15-month construction period, and a 2-month project closeout, we estimate labor costs at
$131,000 for contract administration, construction engineering and periodic construction observation,
plus Reimbursable Expenses. Reimbursable expenses are estimated at no more than $14,953 for the
entire construction phase. We understand the total amount of$145,953.00 cannot increase without
further authorization from you.
O.ASSUMPTIONS AND CLARIFICATIONS
The following is a list of Additional Engineering Services that will be required for the project along with
estimates of cost.
1. Elk River Municipal Utilities will contract with a materials testing company for soil and backfill
compaction testing and select special inspections. These services are expected to cost in the
range of$10,000 to$15,000. SEH will assist with solicitation of the required testing efforts.
2. The construction contractor will provide plasticity and strength testing of the cast-in-place
concrete as part of the construction phase contract.
71
Mr. Eric Volk
SEH Proposal for Construction Phase Professional Engineering Services WTP No.7 Expansion
February 13,2016
Page 5
SUMMARY
This letter represents the entire understanding between the Owner and SEH in respect of the Project.
This agreement may only be modified in writing and if signed by both parties. If this letter
satisfactorily sets forth your understanding of our agreement, please sign the enclosed copy of this
letter in the space provided below and return one copy to us.
If you have any questions or would like to discuss this proposal in greater detail, please contact me at
your convenience at 651.775.5031.We look forward to working with you.
Sincerely,
Miles B.Jensen, PE
Principal/Regional Water Practice Center Leader
Basic Construction Phase Services Accepted by:
Elk River Municipal Utilities
V L--- B
By: :Y
Date: Zi f aft Date: fth 16d0/6
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