HomeMy WebLinkAboutWenck 2016-11-30 proposal Lake Elmo *V
WENCK
OrT.M.T4
Responsive partner.
Exceptional outcomes.
November 30, 2016
Kristina Handt
City Administrator
City of Lake Elmo, MN
Via: email
RE: Proposal for Professional Services Related to Investigating Lake No-Wake Elevations
Dear Ms. Handt:
Thank you for this opportunity to present this proposal to provide professional services related
to investigating no-wake elevations (NWE) on Lake De Montreville, Lake Olson, Lake Jane, and
Lake Elmo. This proposal is based on our phone conversation yesterday. It is our
understanding that a third-party opinion of no-wake elevations on these lakes is desired. Wenck
has the range of expertise required to accomplish the work and past experience on Lake
Minnetonka and other lakes within the watershed districts we represent. Our proposed scope of
work, budget, and schedule are provided below.
Scope of Work
We propose the following tasks for the investigation:
• Initial field reconnaissance - site investigation of the lake shores and outlets, and
research background information (established NWEs and Ordinary High Water (OHW)
levels).
• Locate and identify known high water damage areas.
• Video the existing shoreline condition.
• Compile lake level records, precipitation data, watershed information, and outlet
characteristics.
• Perform a spreadsheet analysis of the lake level responses to a normal precipitation year
and actual responses for 2014, 2015, and 2016.
• Perform a wave analyses using public domain U.S. Army Corps of Engineers methods.
• Evaluate the benefits of: reducing the NWE on Lake De Montreville and Lake Olson;
maintaining the existing NWE on Lake Jane, and establishing a NWE on Lake Elmo.
• Prepare a report.
• Present the result to the City Council.
Schedule and Budget
Approximately six weeks are required to complete the above work. We anticipate that part of
the investigation will require open water conditions. To accommodate this, we propose to
complete a draft report by the end of next April.
We propose to complete the work on a time and expenses basis. Our estimated fees are
$19,500. Our standard terms and conditions are attached.
Wenck Associates, Inc. 1 7500 Olson Memorial Highway I Suite 300 1 Golden Valley, MN 55427
Toll Free 800-472-2232 Main 763-252-6800 Email wenckmp@wenck.com Web wenck.com
Kristina Handt
City Administrator WENCK
Novemeber 30, 2016
Page 2 of 2
Responsive partner.
Exceptional outcomes.
If this proposal is acceptable, please provide an authorized signature below. Let me know if
you have any questions, or need additional information. My direct dial number is 763-252-
6831.
Sincerely,
Wenck As ociates nc.
Joel Toso, PE
Senior Engineer
Authorization to Proceed:
Signature
Title
Date
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C:\Users\TosJW0409\Documents\For regular backup\aWenck\Templates\Proposal\2016-11-30 proposal Lake Elmo.docx
V 'W WENCK Responslvepartner.
Exceptional outcome;.
GENERAL TERMS AND CONDITIONS
Article 3 Your Responsibilities
Article 1 Our Agreement 3.1 You agree to provide us with all site information and
1.1 Our agreement with you consists of these General data to which you have access which may affect our services.We
Terms and Conditions and the accompanying written proposal or will not be responsible for locating buried objects at the site
authorization(Agreement). This Agreement is our entire unless we accept that duty in writing.You agree to hold us
Agreement and supersedes all prior agreements. This Agreement harmless from claims,damages,losses,and related expenses
may be modified only in a writing signed by us,making specific involving buried objects that were not properly marked or
reference to the provision modified. Directing us to start work identified or of which you had knowledge but did not timely call
prior to execution of this Agreement constitutes your acceptance to our attention or correctly show on the plans you or others on
of this Agreement. your behalf furnished to us.
1.2 The words"you,""we,""us,"and"our"include 3.2 You will provide access to the site.In the course of our
officers,employees,and subcontractors. work some damage is normal even when due care is exercised.
We will use reasonable care to minimize damage to the site but
1.3 Any conflicting or additional terms in a purchase order, we will not be responsible for reasonable or normal damage.We
work order,or other form used to authorize our services are not have not included the cost of restoration of such damage in the
part of our Agreement unless we specifically accept them in estimated charges.
writing. If we cannot agree on mutually acceptable terms,we
have the right to withdraw our proposal without liability to you or You agree t provide us with information in your
possession
others,and you will compensate us for services already rendered. possession or control relating
lating to contamination at the work site.
Article 2 Our Responsibilities 3.4 Neither this Agreement nor the providing of services
will operate to make us an owner,operator,generator,
2.1 We will provide the services specifically described in transporter,treater,storer,or a disposal facility within the
our Agreement. You agree that we are not responsible for meaning of the Resource Conservation Recovery Act,as amended,
services that are not fairly included in our specific undertaking. or within the meaning of any other law governing the handling,
Unless otherwise agreed in writing,our findings,opinions,and treatment,storage,or disposal of hazardous materials.You agree
recommendations will be provided to you in writing. You agree to hold us harmless and indemnify us from any such claim or loss.
not to rely on oral findings,opinions,or recommendations
without our written approval. 3.5 Monitoring wells are your property,and you are
responsible for their permitting,maintenance,and abandonment
2.2 In performing our services,we will use that degree of unless we accept that duty in writing.
care and skill ordinarily exercised by reputable members of our
event
You agree t make disclosures required by law.o the
profession practicing under similar circumstances in the same
locality at the same time. . event you do not own the site,you acknowledge that it is your
duty to inform the owner of the discovery or release of
2.3 Our duties do not include supervising your contractors contaminants at the site.You agree to hold us harmless and
or commenting on,overseeing,or providing the means and indemnify us from claims related to disclosures made by us that
methods of their work,unless we accept such duties in writing. are required by law and from claims related to the informing or
We will not be responsible for the failure of your contractors to failure to inform the site owner of the discovery of contaminants.
perform in accordance with their undertakings,and the providing Article 4 Reports and Records
of our services will not relieve others of their responsibilities to
you or to others. 4.1 Our reports,notes,calculations,and other documents
2.4 We will provide a health and safety program for our and our computer software and data are instruments of our
employees,but we will not be responsible for contractor,job,or service to you,and they remain our property but are subject to a
site health or safety unless we accept that duty in writing.You will license to you for your use in the related project for the purposes
provide,at no cost to us,appropriate site safety measures as to disclosed to us.You may not transfer our reports to others or use
work areas to be observed or inspected by us. them for a purpose for which they were not prepared without our
written approval.You agree to indemnify and hold us harmless
2.5 Our estimates of construction or remediation costs will from claims,damages,losses,and expenses,including attorney
be based on information available to us and on our experience fees,arising out of such a transfer or use.At your request,we will
and knowledge. Such estimates are an exercise of our provide endorsements of our reports or letters of reliance,but
professional judgment and are not guaranteed or warranted. only if the recipients agree to be bound by the terms of our
Actual costs may vary. You should allow a contingency in addition agreement with you and only if we are paid the administrative fee
to estimated costs. stated in our then current Schedule of Charges.
2.6 Locations of field observations or sampling described 4.2 Because electronic documents may be modified
in our report or shown on our sketches are based on information intentionally or inadvertently,you agree that we will not be liable
provided by others or estimates made by our personnel.You for damages resulting from change in an electronic document
agree that such dimensions,depths,or elevations are occurring after we transmit it to you.
approximations unless specifically stated otherwise in the report.
we
a
You accept the inherent risk that samples or observations may not m If you do not pay for our services in full as agreed,
be representative of things not sampled or seen and that site may retain work not yet delivered to you and you agree to return
conditions may change over time. to all of our work that is in your possession or under your
control.
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V 'W WENCK Responslvepartner.
Exceptional outcomes.
GENERAL TERMS AND CONDITIONS
those arising from delay,loss of use,loss of profits or revenue,
4.4 Samples and field data remaining after tests are loss of financing commitments or fees,or the cost of capital.
conducted and field and laboratory equipment that cannot be
adequately cleansed of contaminants are and continue to be your 6.3 For you to obtain the benefit of a fee which includes a
property.They may be discarded or returned to you,at our reasonable allowance for risks,you agree that our aggregate
discretion,unless within 15 days of the report date you give us liability for all claims will not exceed the proceeds from available
written direction to store or transfer the materials at your insurance.
expense.
6.4 You agree to indemnify and defend us from all liability
4.5 Electronic data,reports,photographs,samples and to others in excess of the risk allocation stated above and to
other materials provided by you or others may be discarded or insure this obligation.
returned to you,at our discretion,unless within 15 days of the
report date you give us written direction to store or transfer the 6.5 The prevailing party in any action relating to this
materials at your expense. agreement shall be entitled to recover its costs and expenses,
including reasonable attorney fees,staff time,and expert witness
Article 5 Compensation fees.
5.1 You will pay for services as agreed upon or according 6.6 The law of the state in which our servicing office is
to our then current Schedule of Charges if there is no other located will govern all disputes.Each of us waives trial by jury.
written agreement as to price.An estimated cost is not a firm
figure.You agree to pay all sales taxes and other taxes based on Article 7 General Indemnification
your payment of our compensation.Our performance is subject 7.1 We will indemnify and hold you harmless from and
to credit approval and payment of any specified retainer. against demands,damages,and expenses of others to the
5.2 You will notify us of billing disputes within 15 days.You comparative extent they are caused by our negligent acts or
will pay undisputed portions of invoices on receipt.You agree to omissions or those negligent acts or omissions of persons for
pay interest on unpaid balances beginning 30 days after invoice whom we are legally responsible.You will indemnify and hold
dates at the rate of 1.5%per month,or at the maximum rate harmless from and against demands,damages,and expenses of
allowed by law. others to the comparative extent they are caused by your
negligent acts or omissions or those negligent acts or omissions of
5.3 If you direct us to invoice another,we will do so,but persons for whom you are legally responsible.
you agree to be responsible for our compensation unless you
provide us with that person's written acceptance of all terms of 7.2 To the extent it may be necessary to indemnify either
our Agreement and we agree to extend credit to that person and of us under Section 7.1,you and we expressly waive,in favor of
to release you. the other only,any immunity or exemption from liability that
exists under any worker compensation law.
5.4 Your obligation to pay for our services under this
Agreement is not contingent on your ability to obtain financing, 7.3 You agree to indemnify us against losses and costs
governmental or regulatory agency approval,permits,final arising out of claims of patent or copyright infringement as to any
adjudication of lawsuit in which we are not involved,your process or system that is specified or selected by you or by others
successful completion of a project,receipt of payment from on your behalf.
another,or any other event.No retainage will be withheld. Article 8 Miscellaneous Provisions
5.5 You agree to compensate us in accordance with our 8.1 We will provide a certificate of insurance to you upon
fee schedule if we are asked or required to respond to legal request.
process arising out of a proceeding related to the project and as
to which we are not a party. 8.2 You and we,for ourselves and our insurers,waive all
claims and rights of subrogation for losses arising out of causes of
5.6 If we are delayed by factors beyond our control,or if loss covered by our respective insurance policies.
project conditions or the scope or amount of work change,or if
changed labor union conditions result in increased costs, 8.3 Neither of us will assign or transfer any interest,any
decreased efficiency,or delays,or if the standards or methods claim,any cause of action,or any right against the other.Neither
change,we will give you timely notice and we will receive an of us will assign or otherwise transfer or encumber any proceeds
equitable adjustment of our compensation. or expected proceeds or compensation from the project or
project claims to any third person,whether directly or as
5.7 In consideration of our providing insurance to cover collateral or otherwise.
claims made by you,you hereby waive any right of offset as to
fees otherwise due us. 8.4 Our Agreement may be terminated early only in
writing.We will receive an equitable adjustment of our
Article 6 Disputes,Damage,and Risk Allocation compensation in the event of early termination.
6.1 Each of us will exercise good faith efforts to resolve 8.5 If a provision of this Agreement is invalid or illegal,all
disputes without litigation.Such efforts will include,but not be other provisions shall remain in full force and effect.
limited to,a meeting(s)attended by each party's representative(s)
empowered to resolve the dispute.Before either of us
commences an action against the other,disputes(except
collections)will be submitted to mediation.
6.2 Neither of us will be liable for special,incidental,
consequential,or punitive damages,including but not limited to
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