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ITEM 3.7 Lift Station #70tsTeF(r/'/�7o MINNESOTA ! p DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Utilities Utility Manager Neidermeier August 26, 2019 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.7 STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Lift Station No. 7. Is a strong organization that is committed to leading the community through innovative communication. X Has proactively expanded infrastructure to responsibly provide core services. No Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. The contract for the construction of Lift Station No. 7 was approved at the July 22, 2019, City Council Is a social community with diverse housing, service options, and employment opportunities. development. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: Staff recommends approval of quote from Design Electric, Inc. and acceptance of contract from AE2S for Lift Station No. 7. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/J USTI FICATION: The contract for the construction of Lift Station No. 7 was approved at the July 22, 2019, City Council meeting to support wastewater conveyance of Magnolia Landing, Otsego Preserve and future neighboring development. Quotes were received on August 6, 2019, which included electrical work, control panel build and installation. Three electrical contractors supplied quotes ranging from $56,417.00 to $64,910.00; near the Engineer's estimate of $64,000.00. Staff has reviewed the quotes with recommendation of low quote from Design Electric, Inc. at $56,417.00. An instrumentation contract was provided by AE2S, the City's instrumentation integrator to complete integration of the site to the City's SCADA system for $18,700.00. The contract is within Engineers estimate of $25,000.00. The contract has been reviewed by staff and agreeable to commence. The Public Works Subcommittee was presented this information at the August 21, 2019 meeting, where additional clarification was requested regarding the comparison to the budget. The following table outlines the currently quoted costs compared to the budget: Construction Engi neeri ng El ectri ca I & SCADA Total i Over / (Under It should be noted that the budget figure is an estimate prior to actual design being completed. SUPPORTING DOCUMENTS ATTACHED: • Bid Tabulation • Quote - Design Electric, Inc. • Contract - AE2S POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve the quote from Design Electric, Inc. in the amount of $56,417.00 and the contract from AE2S in the amount of $18,700.00 for Lift Station No. 7. ��iIhilI& 7ITilevi9Cs]ki1 FUNDING: Engineer Fund 602 — Sanitary Sewer Utility Budget Estimate { Current 209,933.00 187,006.00 264,396.00 i 32,036.00 28,050.90 39,659.40 25,000.00 89,000.00 75,117.00 266,969.00 1 304,056.90 379,172.40 j 37,087.90 112,203.40. It should be noted that the budget figure is an estimate prior to actual design being completed. SUPPORTING DOCUMENTS ATTACHED: • Bid Tabulation • Quote - Design Electric, Inc. • Contract - AE2S POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve the quote from Design Electric, Inc. in the amount of $56,417.00 and the contract from AE2S in the amount of $18,700.00 for Lift Station No. 7. ��iIhilI& 7ITilevi9Cs]ki1 FUNDING: BUDGETED: Fund 602 — Sanitary Sewer Utility Yes 602-49450-302 602-49450-530 0 0 r � z N p c N o O � O7 L N p n =' Ocm U Q Q n O ao Q n-ri = N w Q w -oo a) a o Q. c � � o.� co L S T N a) H C CLU aa) L C a) E C .�. O C a) cU w Q � a m ro5 )(D O7 > c m a LO LO Z O C Y �- L�LOo CE01 J > M (D o1' a 3 a) LL U c a)rr mw (U OC x Q � c(0 � l— LLL DOCUMENT 00300 BID FORM Contractor's Name DESIGN ELECTRIC, INC PROJECT IDENTIFICATION: Hackanson Anderson Otsego Lift Station No. 7 Otsego, Minnesota AE2S No, P12515-2019-001 THIS BID IS SUBMITTED TO: AE2S 6901 East Fish Lake Rd, Ste 184 Maple Grove, MN 55369 BASE BID LUMP SUM PRICE BID Item by the End of 2019 Unit of Unit No. Item Description Measure Price Lump Sum Bid Price 1 Otsego Lift Station No. 7 Electrical Construction complying with drawings LUMP N/A E1 -E10 and div. 26 and 40 SUM $56,417.00 Specifications _Const Est Start Date/ Estimated % Complete Selected Systems Integrator for LS Panel Construction by the End of 2019 10/15/2019 100% INTEGRATED PROCESS CONTROLS BIDDER acknowledges that quantities are not guaranteed, and final payment will be based on actual quantities determined as provided in the Contract Documents. Bid Form Otsego — Lift Station No. 7 1 DATE SUBMITTED: $/6/2019 If BIDDER is: An Individual By_ (Individual's Name) Doing Business As Business Addi Phone & FAX: A Partnership By_ (Firm Name) (General Partner's Name & Signature) Business Address Phone & FAX: A Corporation DESIGN ELECTRIC INC (Corporation Name) M (Corporate Seal) Attest MINNESOTA 3tWof Incorporation) Name & Signature of Person Authorized to Sign) (Secretary) Business Address PO BOX 1252 ST CLOUD MN 56302 Phone & FAX: 320-252-1.658/ 320-252-4276 END OF SECTION Bid Form Otsego — Lift Station No, 7 2 41ill n www.ae2s.com August 13, 2019 Kurt Neidermeier Utility Manager 13400 90`h Street NE Otsego, MN 55330 RE: Letter Agreement between City of Otsego and AE2S City of Otsego, MN — New Lift Station #7 Programming Services Dear Mr. Neidermeier: Advanced Engineering and Environmental Services, Inc. (AE2S) proposes to render professional services for programmable logic controller (PLC) and Supervisory Control and Data Acquisition (SCADA) programming services associated with the new Lift Station #7 to the City of Otsego (CLIENT). This Agreement, including Exhibit A, sets forth the terms and conditions under which the CLIENT and AE2S shall be governed regarding the Assignment. Scope of Basic Services ENGINEER will perform the following professional services as authorized by OWNER. 1. Project coordination with Contractor. 2. Perform PLC programming for Lift Station #7 PLC as more fully described by the Sequence of Operation. 3. Perform operator interface terminal (OIT) programming within Lift Station #7 operator interface. 4. Perform PLC programming within master polling Tower 2, East Wastewater Treatment Facility (WWTF), and West WWTF. 5. Perform SCADA programming within East WWTF and West WWTF. 6. Configure, test, and commission new lift station telemetry radio. 7. Add associated lift station alarms to existing WIN -911 alarming software. 8. Startup and cornnissioning. 9. Operator training. Sequence of Operation 1. New Lift Station #7 a. SCADA Monitoring i. Monitoring shall include pump running signals, pump runtimes, daily pump start cycles, wetwell level, VFD speed feedback, VFD motor current feedback, pump control setpoints, alarm setpoints, and all alarms associated with the lift station. 1. All associated alarning will be configured within the alarm paging system (Win911 software). i. Alarms will include the following: a. Communication Fail, Utility Power Fail, UPS Fail, TVSS Fail, Pump 1 Overload, Pump 1 Overtemp, Pump 1 Seal Fail, Pump 1 Call to Run Fail, Pump 1 High/Low Current, E-100 03/2016 Advanced Engineering and Environmental Services, Inc, 6901 East Fish Lake Road, Suite 184 - Water Tower Place Business Center • Maple Grove, MN 55369 • 763-463-5036 RE: Letter Agreement for City of Otsego City of Otsego, MN — New Lift Station #7 Programming Services August 13, 2019 Page 2 of 4 Pump 2 Overload, Pump 2 Overtemp, Pump 2 Seal Fail, Pump 2 Call to Run Fail, Pump 2 High/Low Current, Wetwell High Level, and Wetwell Low Level. b. Control i. The operation of the lift station is to be based upon a two (2) pump Lead/Lag system with an alternation control scheme. ii. The operator will have the ability of selecting automatic or manual Lead/Lag alternation. iii. In the event of Lead pump failure in automatic alternation mode, the pump in Lag status will be designated as the Lead pump. iv. Pump control and alarm setpoints may be modified both locally (OIT) and remotely (SCADA). Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide services beyond the scope of this Agreement on an hourly basis. CLIENT's Responsibilities CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S: 1. Designate a person to act as CLIENT's representative with respect to the set -vices to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, and interpret and define CLIENT's policies and decisions with respect to services for the Assignment. 2. Provide access to the relevant sites sufficient for AE2S to perform its services under this Agreement. 3. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such set vices as have been performed satisfactorily hereunder in accordance with the fee terms set forth herein. 4. Procure and install the New Lift Station #7 control panel, including Allen-Bradley CompactLogix PLC, Allen-Bradley Panelview Plus 7 series 6" operator interface, Ethernet switch, MDS Orbit radio, yagi antenna, antenna surge arrestor, antenna cable, and uninterruptible power supply with relay bypass circuitry. CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section. Fees AE2S shall render services under this Agreement on an hourly basis not to exceed $18,700 without written authorization from CLIENT, including reimbursement for all project related expenses. Task Professional Fees Project Coordination — 6 hours $1,050 PLC Programming Setyices LitStation—14hours $2,450 Operator Interface Pro rarrnrrin Services —10 hours $1,750 PLC Programming Services est Tower Master—8hours $1,400 RE: Letter Agreement for City of Otsego City of Otsego, MN — New Lift Station #7 Programming Services August 13, 2019 Page 3 of 4 PLC Programming Services est WYVTF — 8 hours $1,400 PLC Programming Set-Wces East WWTF — 8 hours $1,400 SCADA Pro ranunin Services est WWTF —12 hours $2,100 SCADA Programming Services EastWWTF —12 hours $2,100 Radio S �stenu Configuration and Commissioning— 4 hours $700 WIN -911 Configuration — 2 hours $350 System Testing and Commissioning —16 hours $2,800 Operator Training — 4 hours $700 Total Professional Services $18,200 Reimbursables Fees Mileage, Etc. $500 Total Reimbursables $500 Anticipated Proiect Schedule Completion date of the Scope of Services outlined in this Letter Proposal is dependent upon receiving Notice to Proceed and new Lift Station #7 construction timeline. RE: Letter Agreement for City of Otsego City of Otsego, MN — New Lift Station #7 Programming Services August 13, 2019 Page 4 of 4 Contract Documents This Agreement includes the following documents, incorporated herein by reference: 1. Exhibit A - Terms and Conditions; 2. All other attached Exhibits referenced in this Agreement; 3. Any drawings or specifications provided by the CLIENT in writing; and 4. Any duly executed written amendments. There are no contract documents other than this Agreement and those documents listed above. If this Agreement sets forth your understanding of our agreement, including the scope of work desired, fees, terms, and conditions, please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to assist in this project and we look forward to working with you. Sincerely, AE2S Allen Dostall Instrumentation and Controls Specialist Aaron Vollmer, P.E. Operation Manager CLIENT Accepted this day of 2019 By: Name (Print): Title: Standard Terms and Conditions The agreement is supplemented to include the following Agreement of the parties: Standard of Care a. The standard of care for all professional services performed or furnished by AE2S under this Agreement will be the care and skill ordinarily used by members of AMS's profession practicing under similar circumstances at the same time and in the same locality. AE2S makes no warranties, express or implied, under this Agreement or otherwise, in connection with AE2S's services. b. CLIENT shall be responsible for, and AE2S may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to AE2S pursuant to this Agreement. AE2S may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. 2. Independent Contractor All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and AE2S and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor ofa third party against either CLIENT or AE2S. AE2S's services under this Agreement are being performed solely for CLIENT's benefit, and no other entity shall have any claim against AE2S because of this Agreement or the performance or nonperformance of services hereunder. 3. Payments to AE2S Invoices will be prepared in accordance with AE2S's standard invoicing practices and will be submitted to CLIENT by AE2S monthly, unless otherwise agreed. Invoices are due and payable within 30 days of receipt. If CLIENT fails to make any payment due AMS for set -vices and expenses within 30 days after receipt of AE2S's invoice therefore, the amounts due AE2S will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, AE2S may, after giving seven days written notice to CLIENT, suspend services under this Agreement until AE2S has been paid in full all amounts due for services, expenses, and other related charges. 4. Insurance AE2S will maintain insurance coverage for Workers' Compensation, General Liability, and Automobile Liability and will provide certificates of insurance to CLIENT. Indemnification and Allocation of Risk a. To the fullest extent permitted by law, AE2S shall indemnify and hold harnnless CLIENT, CLIENT's officers, directors, partners, and employees from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of AE2S or AE2S's officers, directors, partners, employees, and consultants in the performance of AE2S's services under this Agreement. It. To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless AMS, AE2S's officers, directors, partners, employees, and consultants from and against costs, losses, and damages (including This is EXHIBIT A, consisting of 2 pages, referred to in and part of the Agreement between CLIENT and AE2S dated August 13, 2019. but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of CLIENT or CLIENT's officers, directors, partners, employees, and consultants with respect to this Agreement. c. In addition to the indemnity provided under paragraph 5.b. of this Exhibit, and to the fullest extent permitted by law, CLIENT shall indemnify and hold harmless AE2S and AE2S's officers, directors, partners, employees, and consultants from and against injuries, losses, damages and expenses (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other disputes resolution costs) caused by, arising out of, or resulting from Hazardous Environmental Condition, provided that (i) any such injuries, losses, damages and expenses are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and (ii) nothing in this paragraph 5.c. shall obligate CLIENT to indemnify any individual or entity to the extent of that individual or entity's own negligence or willful misconduct. d. To the fullest extent permitted by law, notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, partners, employees, agents, and Engineer's Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to a Specific Project or Task Order, or this Agreement, from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, or breach of contract or warranty, express or implied, of Engineer or Engineer's officers, directors, partners, employees, agents, or Engineer's Consultants, or any of them (hereafter "Owner's Claims"), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer's insurers in settlement or satisfaction of Owner's Claims under the terms and conditions of Engineer's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). 6. Termination of Contract Either patty may at any time, upon seven days prior written notice to the other patty, terminate this Agreement. Upon such termination, CLIENT shall pay to AE2S all amounts owing to AE2S under this Agreement, for all work performed up to the effective date of termination, plus reasonable termination costs. 7. Access CLIENT shall arrange for safe access to and make all provisions for AE2S and AE2S's Consultants to enter upon public and private property as required for AE2S to perform services under this Agreement. 8. Hazardous Environmental Conditions It is acknowledged by both parties that AE2S's scope of services does not include any services related to a "Hazardous Environmental Condition," i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Assignment. In the event AMS or any other patty encounters a Hazardous Environmental Condition, AE2S may, at its option and without liability for consequential or any other damages, suspend performance of set -vices on the portion of the Assignment affected thereby until CLIENT: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Exhibit A - Standard Terms and Conditions Page 1 of 2 Environmental Condition; and (ii) warrants that the site is in full compliance with applicable laws and regulations. CLIENT acknowledges that AE2S is performing professional services for CLIENT and that AE2S is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the site in connection with AE2S's activities under this Agreement. 9. Patents AE2S shall not conduct patent searches in connection with its services under this Agreement and assumes no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement shall be construed as a warranty or representation that anything made, used, or sold arising out ofthe services performed under this Agreement will be free from infiingement of patents or copyrights. 10. Ownership and Reuse of Documents All documents prepared or furnished by AE2S pursuant to this Agreement are the property of die CLIENT. Reuse of any such documents by CLIENT shall be at CLIENT's sole risk; and CLIENT agrees to indemnify, and hold AE2S harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by CLIENT or by others acting through CLIENT. 11. Use of Electronic Media a. Copies of Documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by the AE2S. Files in electronic media format of text, data, graphics, or of other types that are furnished by AE2S to CLIENT are only for convenience of CLIENT. Any conclusion or information obtained or derived fiom such electronic files will be at the user's sole risk. b. When transferring documents in electronic media format, AE2S makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by AE2S at the beginning of this Assignment. C. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the party delivering the electronic files. AE2S shall not be responsible to maintain documents stored in electronic media format after acceptance by CLIENT. 12. Force Majeure AE2S shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond AE2S's reasonable control. 13. Assignment Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 14. Binding Effect T1is Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 15. Severability and Waiver of Provisions Any provision or part of the Agreement held to be void or unenforceable corder any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and AE2S, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non -enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 16. Survival All express representations, indemnifications, or limitations of liability included in this Agreement wilt survive its completion or termination for any reason. 17. Headings The headings used in this Agreement are for general reference only and do not have special significance. 18. Controlling Law This Agreement is to be governed by the law of the State of Minnesota. 19, Notices Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. Exhibit A - Standard Terms and Conditions Page 2 of 2