4.5. SR 09-08-2020
Request for Action
To Item Number
Mayor and City Council 4.5
Agenda Section Meeting Date Prepared by
Consent September 8, 2020 Brandon Wisner, Stormwater Coordinator
Item Description Reviewed by
Accept Bid for the Lake Orono Restoration and Amanda Erickson, Environmental Coordinator
Enhancement Project and professional service
Reviewed by
order addition
Cal Portner, City Administrator
Action Requested
Approve, by motion, the low bid and authorize the execution of a contract with New Look Contracting, Inc. for
the Lake Orono Restoration and Enhancement (LORE) project and two professional service order additions with
WSB and Associates, Inc. (WSB) for LORE services.
Background/Discussion
Staff began working with a small group of Lake Orono property owners five and half years ago. The goal was to
identify future lake management projects and goals. Since then, many meetings have occurred and has now
brought the project to this point.
Staff has worked with WSB for design, engineering and contract specifications documents for the LORE project
over the past year. This involved stakeholder input, construction surveying, design, cost estimates and permitting.
The city has received all required regulatory permits for the project. The contractor will be responsible for
additional permits. WSB has also assisted with the administration of the MS 429 assessment process to direct
lakeshore property owners in the project area.
Eight bids were received which ranged from $2,117,140 to $3,690,069. The low bid was submitted by New Look
Contracting, Inc. The engineers estimate for construction was $3,089,860. The project schedule is as follows:
Open Bids August 18, 2020
Award Contract September 8, 2020
Construction October 2020 – April 2021
Construction additions may be recommended for consideration at a future date once the project is underway.
WSB has provided two professional service order additions for the LORE project:
Installation of two staff gages to monitor lake water levels prior to, during and after lake dewatering
• Total cost $4,850.00
LORE Blanding’s turtle management plan to maintain compliance with the Minnesota Department of
Natural Resource (MNDNR) Public Water permit
• Total cost $52,450.00 (If Blanding’s Turtles are not encountered during dewatering and
construction of the project, WSB will actively work with the MNDNR to reduce the scope of
work and associated fees necessary to implement the Turtle Avoidance Plan)
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
Financial Impact
The overall project budget is $3.25 million which includes $1.5 million in grant funding from the state and $1
million from the Active Elk River project fund. The remaining portion will be paid for by adjacent lakeshore
property owners and the City of Elk River. The city intends to fund $100,000 and the remaining $650,000 would
be paid via special assessments.
Mission/Policy/Goal
Work with citizens to achieve goals
Attachments
Bid Tabulation
WSB installation of staff gages and monitoring services
WSB turtle management plan services
Advertisement for bids LORE July 11, 2020
N:\\Public Bodies\\Agenda Packets\\09-08-2020\\Final\\x4.5 sr LORE.docx
\\wsbgvfiles01\Projects\015125-000\Admin\Construction Admin\015125-000 CST LOR_20200821.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM August 21, 2020
Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: Lake Orono Restoration and Enhancement Project
City of Elk River
WSB Project No. 015125-000
Dear Mayor and Council Members:
Bids were received for the above-referenced project on August 18, 2020 and were opened and
read aloud. A total of 8 bids were received. The bids were checked for mathematical accuracy
and tabulated and errors are marked in orange on the Proposal Form. The Engineer’s Estimate
was $3,089,860.00. The bid tabulation indicates the low bidder as New Look Contracting Inc.,
Rogers, MN, in the amount of $2,117,140.00.
We recommend that the City consider these bids and award a contract to New Look Contracting,
Inc., based on the results of the bids received.
Sincerely,
WSB
Pete Willenbring, PE
Project Manager
Enclosure
cc: Wyatt Gulzke, New Look Contracting, Inc.
Brandon Wisner, City of Elk River
Amanda Erickson, City of Elk River
Luke Lunde, WSB
alp
PROJECT: Lake Orono Restoration and Enhancement Project
OWNER: City of Elk River, MN
WSB PROJECT NO.: 015125-000
Bids Opened: August 18, 2020 10:00 a.m
Contractor Addendum No. 1 Bid Security (5%)Grand Total Bid
1 New Look Contracting, Inc.X X $2,117,140.00
2 S.M. Hentges & Sons, Inc.X X $2,213,575.00
3 Park Construction Company X X $2,376,029.50
4 Rachel Contracting, Inc.X X $2,378,419.00
5 Landwehr Construction, Inc.X X $2,559,975.00
6 Veit & Company, Inc.X X $2,574,351.00
7 Fehn Companies, Inc.X X $2,579,963.00
8 U.S. Sitework, Inc.X X $3,690,069.00
Engineer's Opinion of Cost $3,089,850.00
Denotes corrected figure
Pete Willenbring, PE Project Manager
BID TABULATION SUMMARY
I hereby certify that this is a true and correct tabulation of the bids as received on August 18, 2020.
\\wsbgvfiles01\Projects\015125-000\Admin\Construction Admin\015125-000 CST Bid Tab Summary_20200818.xlsx
Professional Services Order
Agreement to Perform Environmental Services to City of Elk River for Lake Orono Enhancement
and Restoration project located in the City of Elk River, Sherburne County MN.
Consultant Client
Date
August 28, 2020 WSB & Associates, Inc. City of Elk River
th
3701 40 Avenue NW Brandon Wisner
Rochester, MN 55901 Stormwater Coordinator
507.218.3380 13605 Orono Parkway
Elk River, MN 55330
763.635.1054
Schedule
The Services shall commence on 9/3/2020 and shall continue through 9/18/2020 or until project
completion.
Scope of Work
Consultant shall provide the Service(s) and/or Deliverable(s) as follows:
1) Installation of Two Staff Gauges on Lake Orono:
WSB staff will install two staff gauges at location specified on figure 1 per the request of
the City of Elk River.
2) Water Level Monitoring at Staff Gauge Locations:
WSB staff will perform daily water level monitoring prior to, during, and after lake
dewatering is completed at installed staff gauges from September 4, 2020 thru
September 18, 2020 (10 working days). The locations of the staff gauges have been
previously selected by the City of Elk River (See Figure 1). Water level monitoring data
will be compiled in a summary table and submitted to the City of Elk River on September
18, 2020.
Fee
This engagement will be conducted on a not-to-exceed Basis. The total value for the Service(s)
pursuant to the Professional Services Order (PSO) is $4,850.00. Hourly rates are to be billed per
the attached rate schedule, or if no rate schedule is attached, at the current rate schedule.
Item Description Amount
This proposal of services includes the following:
1. Installation of two staff Gauges (5 Hours) $450.00
2. Water Level Monitoring at Staff Gauge Locations (50 Hours) $4,250.00
$150.00
3. Materials (Two Staff Gauges)
TOTAL COST OF SERVICES $4,850.00
Billing Information
Bill to Address Phone Number
Client Project
(if different from above) Manager/Contact Email Address (if different from above)
Assumptions or Details
Actual hours will be used for billing purposes. Services requested by the client outside of the
scope will be considered additional services and an estimate for these services will be completed
by WSB with approval by the client prior to completion of services.
Terms and Conditions
The undersigned hereby requests that WSB & Associates, Inc. perform the services outlined
herein. I further agree that I have reviewed and agree to the attached Professional Services
Agreement (PSA) dated 11-13-2019 (Exhibit A) and that payment for services outlined shall be
made at thirty (30) day intervals as charges are incurred and billed unless other arrangements
are made and so stated herein. I understand that a finance charge at the rate of one and one-half
percent (1½%) per month on the unpaid balance shall be charged on all accounts over thirty (30)
days past the statement date, which is an annual percentage rate of eighteen percent (18%), and
that the minimum finance charge will be one dollar ($1.00) per month. I certify that if I am not an
agent for the owners of the project, that I am personally liable for the cost of the services ordered
and if I am an agent for the owner, that I have secured proper authority to insure the cost of the
services ordered on their behalf.
IN WITNESS WHEREOF, the parties hereto have caused this PSO to be effective as of the day,
month and year first written above.
City of Elk River WSB
Signature: Signature:
Printed Printed
Name: Name: Earth Evans
Title: Title: Director of Water Resources
Document Path: K:\\015125-000\\GIS\\Maps\\Water Level Monitoring.mxd Date Saved: 8/27/2020 11:54:59 AM
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Change Order
No. 2
PROJECT: Lake Orono Restoration and Enhancement
(consulting engineer)
OWNER: City of Elk River
13065 Orono Parkway
Elk River, MN 55330
CONTRACTOR: WSB
701 Xenia Avenue South, Ste 300
Minneapolis, MN 55416
CONTRACT FOR: Lake Orono Restoration and
Enhancement Project (consulting engineer)
DATE OF ISSUANCE: August 28, 2020
You are directed to make the following changes in the Contract Documents.
Description:
City of Elk River has requested Blanding’s Turtle training, meander surveys, monitoring, relocation and reporting to the
MNDNR and NHIS staff during dewatering and construction for the Lake Orono Enhancement and Restoration project.
Purpose of Change Order:
The requested services are required as conditions of approval of the MNDNR Public Waters permit and are outside of
the current contract scope of services.
Attachments (List documents supporting change):
WSB Professional Service Order
CHANGE IN CONTRACT PRICE:
Original Contract Price
$164,574.00
CHANGE IN CONTRACT TIME:
Original Contract Time
Substantial Completion: _________________
Final Completion:
Previous Change Orders No. 1
$5,000.00
Net change from previous Change Orders
Days
Contract Price prior to this Change Order
$169,424.00
Contract Time prior to this Change Order
Substantial Completion:
Final Completion:
Net Increase of this Change Order
$52,450.00
Net Increase (Decrease) of this Change Order
____ days for Substantial Completion
____ days for Final Completion
Contract Price with all approved Change Orders
$221,874.00
Contract Time with all approved Change Orders
Substantial Completion: __________________
Final Completion: _______________________
RECOMMENDED:
By _____________________
City Representative
EJCDC No. 1910-8-B (1996 Edition)
APPROVED:
By _____________________
City of Elk River
APPROVED:
By _______________________
Professional Services Order
Agreement to Perform Environmental Services to City of Elk River for Lake Orono Enhancement
and Restoration project located in the City of Elk River, Sherburne County MN.
Date Consultant Client
August 28, 2020 WSB & Associates, Inc.
3701 40th Avenue NW
Rochester, MN 55901
507.218.3380
City of Elk River
Brandon Wisner
Stormwater Coordinator
13605 Orono Parkway
Elk River, MN 55330
763.635.1054
Schedule
The Services shall commence on 9/11/2020 and shall continue through 3/15/2021 or until project
completion.
Scope of Work
Consultant shall provide the Service(s) and/or Deliverable(s) as follows:
In accordance to the MNDNR approved Lake Orono Enhancement and Restoration project turtle
management plan the following scope of work must be completed to maintain compliance with
the MNDNR Public Waters permit.
The proposal includes the following services:
1) Turtle Training:
WSB staff will complete one training session for the contractor and City of Elk River Staff
to identify and locate Blanding’s Turtles in accordance to the MNDNR Blanding’s Turtle
fact sheet and supporting information. In addition, address notification procedures and
WSB staff member contacts if turtles are encountered within the construction limits of the
project.
2) Turtle Meander Surveys, Monitoring and Relocation:
WSB staff will perform meanders surveys and monitoring as required by the MNDNR
public waters permit and the Blanding’s Turtle Avoidance Plan. This includes the
following:
• Two meander surveys once dewatering has been completed.
• Seventy meander surveys and monitoring in construction areas for adult or juvenile
Blanding’s turtles during construction based on a 70-day construction schedule.
• WSB will log the daily survey and monitoring information such as date, time, location
of active work, number of turtles encountered, and outcome of turtles encountered.
• All observations of live or dead individual turtles will be photographed and recorded
using NHIS rare species data spreadsheet templates.
If a Blanding’s turtle, or other species, is encountered during meander surveys,
monitoring and inspections or if encountered by the construction contractor the following
steps will be followed as required by the MNDNR public waters permit and Blanding’s
Turtle Avoidance Plan for turtle relocation:
• WSB staff will be notified Blanding’s Turtles were encountered within the project
limits by contractor and City of Elk River staff.
• WSB staff will obtain a Permit for the Use of Endangered or Threatened Species in a
Scientific Study prior to capturing and moving Blanding’s turtles.
• WSB staff will move the turtle by hand into a temporary storage container. On the
same day that the turtles are collected, they will be transported to the relocation site
(Appendix B) and released to resume overwintering behaviors.
• If a Blanding's turtle is injured or killed as a result of project activities the Minnesota
Endangered Species Coordinator will be notified immediately.
• All dead individual Blanding’s Turtles found onsite will be transferred to the University
of Minnesota's Bell Museum of Natural History for curation to the collection or
disposal.
3) Correspondence with MNDNR, NHIS and City of Elk River:
WSB staff will correspond with MNDNR wildlife specialists, NHIS endangered species
coordinator and City of Elk River staff on all collected turtle survey data, turtle relocation
and final summary report regarding Blanding’s Turtles during dewatering and
construction of the Lake Orono Enhancement and Restoration project as required by the
MNDNR public waters permit and the Blanding’s Turtle Avoidance plan.
4) Final Summary Report:
WSB will summarize the results of the daily logs, meander surveys and turtle relocation in
a final documentation report. The report will be completed in accordance with the
Blanding’s Turtle Avoidance Plan and MNDNR Public Waters Permit requirements and
shall include the following:
• Supporting documentation from the MNDNR Public Waters Permit, MNDNR
Blanding’s Turtle fact sheet and Blanding’s Turtle Avoidance plan upon which the
findings and opinions are based.
• Scope of services performed.
• A “findings” section which will detail any encountered turtles during surveys and
monitoring by WSB, contractor and City of Elk River prior to and during construction.
• Any conclusions drawn from the surveys, monitoring and relocation.
• The final report will be submitted to the City of Elk River, MNDNR and NHIS staff.
Assumptions
• The actions outlined in this work plan are consistent with the DNR Blanding’s turtle
fact sheet and flyer to protect Blanding’s turtles during the construction of the Lake
Orono Restoration and Enhancement (LORE) Project.
• The project is anticipated to take place from September 2020 (lake draw-down) to
April 2021 (work complete, lake rebound). No surveys are anticipated for spring
2021, as the work will conclude prior to melt conditions, and the lake will re-fill
naturally eventually to the normal pool elevation above the dam.
• City of Elk River staff will perform monitoring for Blanding’s Turtles September 15 of
in post dewatering monitoring for Blanding’s Turtles until project construction begins.
• Permit fees for turtle relocation if needed is not included in this proposal of services.
Fee
This engagement will be conducted on a not-to-exceed Basis. The total value for the Service(s)
pursuant to the Professional Services Order (PSO) is $52,450.00. Hourly rates are to be billed
per the attached rate schedule, or if no rate schedule is attached, at the current rate schedule.
Item Description Amount
This proposal of services includes the following:
1. Turtle Training: (12 Hours) $1,600.00
2. Turtle Meander Surveys, Monitoring and Relocation (382 Hours) $37,500.00
3. Correspondence with MNDNR, NHIS and Elk River (50 Hours) $6,800.00
4. Final Summary Report (64 Hours) $6,550.00
*TOTAL COST OF SERVICES $52,450.00
*- If Blanding’s Turtles are not encountered during dewatering and construction of the project, we
will actively work with the MNDNR to reduce the scope of work and associated fees necessary to
implement the Turtle Avoidance Plan.
Billing Information
Bill to Address
(if different from above)
Client Project
Manager/Contact Email Address
Phone Number
(if different from above)
Assumptions or Details
Actual hours will be used for billing purposes. Services requested by the client outside of the
scope will be considered additional services and an estimate for these services will be completed
by WSB with approval by the client prior to completion of services.
Terms and Conditions
The undersigned hereby requests that WSB & Associates, Inc. perform the services outlined
herein. I further agree that I have reviewed and agree to the attached Professional Services
Agreement (PSA) dated 11-13-2019 (Exhibit A) and that payment for services outlined shall be
made at thirty (30) day intervals as charges are incurred and billed unless other arrangements
are made and so stated herein. I understand that a finance charge at the rate of one and one -half
percent (1½%) per month on the unpaid balance shall be charged on all accounts over thirty (30)
days past the statement date, which is an annual percentage rate of eighteen percent (18%), and
that the minimum finance charge will be one dollar ($1.00) per month. I certify that if I am not an
agent for the owners of the project, that I am personally liable for the cost of the services ordered
and if I am an agent for the owner, that I have secured proper authority to insure the cost of the
services ordered on their behalf.
IN WITNESS WHEREOF, the parties hereto have caused this PSO to be effective as of the day,
month and year first written above.
City of Elk River WSB
Signature: Signature:
Printed
Name:
Printed
Name: Earth Evans
Title: Title: Director of Water Resources
Lake Orono Blanding's Turtle Project Schedule
Task Schedule
1. - Turtle Plan Training
2.1 Onsite Training with City and Contractor September 15, 2020
2. - Turtle Meander Surveys, Monitoring and Relocation
2.1 Onsite Meander Surveys September 11 and 15, 2020, November 1, 2020 - February 15, 2020
2.2 Daily Survey Summaries September 11 and 15, 2020, November 1, 2020 - February 15, 2021
2.3 Turtle Relocation September 11 and 15, 2020, November 1, 2020 - February 15, 2022
3. - Turtle Plan Correspondence
3.1. Correspondence with City/Contractor/MNDNR September 8, 2020 - March 15, 2021
4. - Final Summary Report
4.1 Final Summary Report February 15, 2020 - March 15, 2021
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
ss
COUNTY OF SHERBURNE
Diane Erickson being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 3 successive week(s); the first
insertion being on 07/11/2020 and the last
insertion being on 07/25/2020.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 07/25/2020 by Diane Erickson.
a TE MARLENE M MITCHELL
Ax`_
Notary Public
Minnesota
My Commission Expires
Jan 31, 2025
Rate Information:
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for comparable space:
23.00 per column inch
Ad ID 1059224
ADVERTISEMENT FOR BIDS
LAKE ORONO RESTORATION AND
ENHANCEMENT PROJECT
FOR THE CITY OF ELK RIVER
SHERBURNE COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that bids for the construction of the Lake
Orono Restoration and Enhancement Project will be received by the City
of Elk River, at the Elk River City Hall, located at 13065 Orono Parkway
Elk River, MN 55330, until Tuesday, August 18, 2020, at 10:00a.m. local
time. At that time, the Bids received will be publicly opened and read.
The Project includes the furnishing of all labor and materials for the
construction complete in -place, of the following approximate quantities:
125,000 CY Lake Excavation, Grading, Hauling,
Disposal of Dredged Materials
60 LF Toe Rock
1,800 TON Riprap Class II (Fieldstone)
100 TON Riprap Class IV (Fieldstone)
The provisions of MINN. STAT. 16C.285 Responsible Contractor are
imposed as a requirement of this contract. All bidders and persons or
companies providing a response/submission to the Advertisement for
Bids of the City of Elk River shall comply with the provisions of the
statute.
Information and Bidding Documents for the Project can be found
at www.auestodn.com. Bidding Documents may be downloaded from
the website for a nonrefundable fee of $30 by inputting Quest project
number #7104912 on the website's Project Search page.
The website will be updated periodically with addenda, lists of
registered plan holders, reports, and other information relevant to
submitting a Bid for the Project. All official notifications, addenda,
and other Bidding Documents will be offered only through the website
www.cuestedn.com. Neither Owner nor Engineer will be responsible
for Bidding Documents, including addenda, if any, obtained from other
sources.
A pre -bid conference for the Project will be held on August 3, 2020,
at 10:00 a.m. local time, at Orono Park, located at 18599 Gary St, Elk
River, MN 55330. Attendance at the pre -bid conference is encouraged
but not required.
The City Council reserves the right to reject any and all bids and to
waive any bids received without explanation. No bid may be withdrawn
for a period of 75 days.
For all further requirements regarding bid submittal, qualifications,
procedures, and contract award, refer to the Instructions to Bidders that
are included in the Bidding Documents.
DATED: July 8, 2020
BY THE ORDER OF THE CITY COUNCIL
s/s Brandon Wisner
Stormwater Coordinator
City of Elk River
Published in the
Star News
July 11, 18, 25, 2020
1059224