5.h) Approve Agreement with Bolton & Menk for Uptown Sewer System Master Plan Meeting Date: 4/19/2011
Agenda Item: �; � �
City Council Agenda Report
City of Scandia
14727 209�' St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve Agreement for Professional Services with Bolton &Menk,
Inc. for the Uptown Wastewater System Master Plan project.
Deadline/Timeline: N/A
Background: • In January, 2011 the city issued a Request for Proposals (RFP.)
Nine responses to the RFP were received by the February 25
deadlines. At the March 8 work session the Council selected four
firms to interview.
• Interviews with Bolton & Menk, Wenck, WSB and TKDA were
conducted at a special meeting on Tuesday, March 22. The
Council directed staff to work with Bolton & Menk to prepare a
contract for approval at the April 19 regular meeting. T
• The attached agreement has been reviewed by the City Attorney.
It incorporates the work plan and project schedule as laid out in
Bolton &Menk's proposal.
• The not-to-exceed contract price is $14,989.00. The 2011 city
budget includes $15,000 for this project.
Recommendation: I recommend that the Council approve the agreement and authorize
the Mayor to sign on behalf of the City.
Attachments/ • Professional Services Agreement
Materials provided:
Contact(s): Mark Kasma, Bolton & Menk
(952) 890.0509 ext. 2222
Prepared by: Anne Hurlburt, Administrator
(Bolton and Menk Uptown Sewer Master Plan)
Page 1 of 1
04/12/11
1
AGREEMENT FOR PROFESSIONAL SERVICES
UPTOWN WASTEWATER SYSTEM MASTER PLAN
CITY OF SCANDIA
Ttus Agreement,made this 19t°day of April,201 l,by and between the CITY OF SCANDIA,a
Minnesota Municipal Corporation, 1427 209'h Street North, Scandia Minnesota, 55073,hereinafter
referred to as CLIENT,and BOLTON&MENK,INC.,2035 County Road D East, Suite B,Maplewood,
Minnesota, 55109-5314,hereinafter referred to as CONSULTANT.
WITNESS,whereas the CLIENT requires professional services in conjunction with the preparation of the
Uptown Wastewater System Master Plan and whereas the CONSULTANT agrees to fumish the various
professional services required by the CLIEN'T.
NOW,THEREFORE, in consideration of the mutual covenants and promises between the parties hereto,
it is agreed:
SECTION I- CONSULTANT'S SERVICES
A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed
project as described in Exhibit I.
B. Upon mutual agreement of the parties hereto,Additional Services may be authorized as described
in Exhibit I or as described in Paragraph N.B.
SECTION II-THE CLIENT'S RESPONSIBILITIES
A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section IlI of this
Agreement.
B. The CLIENT shall place any and all previously acquired information in its custody at the disposal
of the CONSULTANT for its use. Such information shall include but shall not be limited boundary
surveys,topographic surveys,preliminary sketch plan layouts,building plans,soil surveys,
abstracts,deed descriptions,tile maps and layouts, aerial photos,utility agreements,environmental
reviews, and zoning limitations. The CONSUL`1'AN"1'may rely upon the accuracy and sufficiency
of all such information in performing services unless otherwise instructed,in writing,by CLI�NT.
C. The CLIENT will guarantee access to and make all provisions for entry upon both public and
privatc portions of the project and pertinent adjoining properties.
D. The CLIENT will give prompt notice to the CONSLTLTANT whenevcr the CLIENT observes or
otherwise becomes aware of any defect in the proposed project.
E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to
services to be rendered under this Agreement. Said representative shall have the authority to
transmit instructions,receive instructions,receive information,interpret and define the CLIENT'S
policies with respect to the project and CONSULTANT'S services.
Public 5tanda�d Ayeement(2004 Form) VER.6I22/2006
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F. The CLIENT shall provide such legal,accounting,independent cost estimating and insurance
counseling services as may be required for completion of the consultant services descnibed in this
agreement.
G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution
of the project.
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**HOURLY-NOT-TO-EXCEED **
SECTION III-COMPENSATION 1�'OR SERVICES
A. FEES.
1. The CLIENT will compensate the CONSULTANT in accordance with the following schedule
of fees for the time spent in performance of Agreement seroices.
2011 Schedule of Fees
Classification Hourly Rates
Sr. Project Manager-Sr.Principal Engineer/Surveyor $120-150/Hour
Sr.Project Manager-Principal Engineer/Surveyor $100-150
Project Manager $100-145
Senior Planner $100-150
Yroject/llesign Engineer/Planner $60-135
Licensed Surveyor $70-135
Project Surveyor $60-100
Specialist(Nat.Resources;GIS;Traffic; Other) $70-120
Senior Technician(Tnc. Surveyl) $70-120
Technician(Inc. Survey) $50-90
Administrative Support&Clerical $35-80
GPS/Robotic Survey Equipment NO CHARGE
CAD/Computer Usage NO CHARGE
Routine Office Supplies NO CHARGE
Routine Photo Copying/Reproduction NO CHARG�
Field Supplies/Survey Stakes&Equipment NO CHARGE
Mileage NO CHARGE
�No separate charges will be made for GPS or robotic total stations on Bolton&Menk,Inc.survey
assignments;the cost of this equipment is included in the rates for Survey Technicians.
2. Total cost for the services itemized under Section I.A(Basic Fee)shall not exceed$14,989.00.
R. The payment to the CONSULT�NT will be made by the CLIENT upon billing at intervals not
more often than monihly at the herein rates.
Public Standacd Agreement(2004 Form) VER.6/22/2006
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SECTION IV- GENERAL
A. STANDARD OF CARE
Professional services provided under this Agreement will be conducted in a manner consistent with
that level of care and skill ordinarily cxcrciscd by members of the Consultant's profession currently
practicing under similar conditions. No warranty,express or implied,is made.
B. CHANGE IN PROJECT SCOPE
In the event the CLIENT changes or is required to change the scope of the project from that
described in Section I and/or the applicable addendum,and such changes require Additional
Services by the CONSULTANT,the CONSULTANT shall be entitled to additional compensation
at the applicable hourly rates. The CONSULTANT shall give notice to the CI,IF,NT of any
Additional Services,prior to fumishing such additional services. The CLIENT may request an
estimate of additional cost from the CONSUL"TANT,and upon receipt of the request,the
CONSULTANT shall furnish such,prior to authorization of the changed scope of work.
C. LIMITATION OF LIABILITY
CONSULTANT shall indemnify, defend,and hold harmless CLIENT and its officials,agents and
employces from any loss,claim, liability,and expense(including reasonable attorneys' fees and
expenses of litigation)arising from, or based in the whole, or in any part,on any negligent act or
omission by CONSULTANT'S employees, agents,or subconsultants. In no event shall CLIEN'T
be liable to CONSULTANT for consequential,incidental, indirect, special,or punitive damages.
CLIENT shall indemnify, defend,and hold harmless CONSULTANT and its employees from any
loss,claim, liability, and expense(including reasonable attomeys' fees and expenses of litigation)
arising from, or based in the whole,or in any part,on any negligent act or omission by CLIENT'S
employees,agents,or consultants. In no event shall CONSULTANT be liable to CLIENT for
consequential,incidental,indirect, special,or punitive damages.
D. 1NSURANCE
The CONSULTANT agrees to maintain,at the CONSULTANT'S expense,statutory worker's
compensation coverage.
The CONSULTANT also agrees to maintain,at CONSULTANT'S expense, general liability
inswance covcragc insuring CONSULTANT against claims for bodily injury,death or property
damage arising out of CONSULTANT'S general business activitics(including automobile use).
The liability insurance policy shall provide coverage for each occurrence in the minimum amount
of$1,000,000.
During the period of design and construction of the project,the CONSULTANT also agrees to
maintain,at CONSULTANT'S expense,Professional Liability Insurance coverage insuring
CONSULTANT against damages for legal liability arising from an error,omission or negligent act
in the performance of professional services required by this agreement,providing that such
coverage is reasonably available at commercially affordable premiums. For purposes of this
agreement,"reasonably available"and"commercially affordable"shall mean that more than half of
the design professionals practicing in this state in CONSULTANT'S discipline are able to obtain
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coverage. 'I`he professional liability insurance policy shall provide coverage for each occurrence in
the amount of$1,000,000 and annual aggregate of$1,000,000 on a claims-made basis.
Upon request of CLIENT,CONSULTANT shall provide CLIENT with certificates of insurance,
showing evidence of required coverages.
E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST
Where provided by the CONSULTANT as part of Exhibit I or otherwise,opinions or estimates of
construction cost will generally be based upon public construction cost information. Since the
CONSULTANT has no control over the cost of labor,materials,competitive bidding process,
weather conditions and other factors affecting the cost of construction,all cost estimates are
opinions for general information of the CLIENT and the CONSULTANT does not warrant or
guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that
costs for project financing should be based upon contracted construction costs with appropriate
contingencies.
F. CONSTRUCTION SERVICES
It is agreed that the CONSULTANT and its representatives shall not be responsible for the means,
methods,techniques, schedules or procedures of construction selected by the contractor or the
safety precautions or programs incident to the work of the contractor.
G. USE OF ELECTRONIClDIGITAL DATA
Because of the potential instability of electronic/digital data and susceptibility to unauthorized
changes, copies of documents that may be relied upon by CI;IENT are limited to the printed copies
(also known as hard copies)that are signed or sealed by CONSULTANT. Except for
electronic/digital data which is specifically identified as a project deliverable by this
AGREEMENT or except as otherwise explicitly provided in this AGREEMENT,all
electronic/digital data developed by the CONSULTANT as part of the PROJECT is acl�owledged
to be an internal working document for the CONSULTANT'S purposes solely and any such
information provided to the CLIENT shall be on an"AS IS"basis strictly for the convenience of
the CLIEN"1'without any warranties of any kind. As such,the CLIENT is advised and
aclmowledges that use of such information may require substantial modification and independent
verification by the CLIENT(or its designees). Provision of electronic/digital data,whether
required by this Agreement or provided as a convenience to the Client,does not include any license
of software or other systems necessary to read,use or reproduce the information. It is the
responsibility of the CLIENT to verify compatibility with its system and long-term stability of
media. CLIENT shall indemnify and hold harniless CONSULTANT and its Subconsultants from
all claims, damages,losses,and expenses,including attorneys'fees arising out of or resulting from
third party use or any adaptation or distribution of electronic/digital data provided under this
AGREEMENT,unless such third party use and adaptation or distribution is explicitly authorized by
this AGREEMENT.
H. REUSE OF DOCUMENTS
Drawings and Specifications and all other documents(including electronic and digital versions of
any documents)prepared or furnished by CONSULTANT pursuant to this AGR�:EMEN'I'are
instruments of service in respect to the Project and CONSiJLTANT shall retain an ownership
Public Standard Agreeroent(2004 Fo�m) V ER.622/2006
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interest therein. Upon payment of all fees owed to the CONSULTANT,the CLIENT shall acquire
an ownership interest in all identified deliverables,including Plans and Specifications, for any
reasonable use relative to the Project and the general operations of the CLIENT. CLIENT may
make and disseminate copies for information and reference in connection with the use and
maintenance of the Project by the CLIENT. However, such documents are not intended or
represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any
other project and any reuse other than that specifically intended by this AGREEMENT will be at
CLIENT'S sole risk and without liability or legal exposure to CONSULTANT.
I. CONFIDENTIALITY
CONSULTANT agrees to keep confidential and not to disclose to any person or entity,other than
CONSULTANT'S employees and subconsultants any information obtained from CLIENT not
previously in the public domain or not otherwise previously known to or generated by
CONSULTANT. These provisions shall not apply to information in whatever fonn that comes into
the public domain through no fault of CONSiJLTANT; or is furnished to CONSULTANT by a
third party who is under no obligation to keep such information confidential; or is information for
which the CONSULTANT is required to provide by law or authority with proper jurisdiction;or is
information upon which the CONSULTANT must rely for defense of any claim or legal action.
J. PERIOD OF AGREEMENT
This Agrccment will remain in effect for the longer of a period of two years or such other explicitly
identified completion period,after which time the Agreement may be extended upon mutual
ageement of both parties.
K. PAYMENTS
If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty
days after date of the CONSULTANT'S invoice,a service charge of one and one-half percent
(1.5%)per month or the maximum rate permitted by law,whichever is less,will be charged on any
unpaid balance. In addition after giving seven days'written notice to CLIENT,CONSULTANT
may,without waiving any claim or right against the CLIENT and without incurring liability
whatsoever to the CLIENT,suspend services and withhold project deliverables due under this
Agreement until CONSULTANT has been paid in full all amounts due for services,expenses and
charges.
L. TERIvIINATION
This Agrecmcnt may be terminated by CLIENT upon(7)days written notice.
In the event of tertnination,the CLIENT shall be obligated to thc CONSULTANT for payment of
amounts due and owing including payment for services performed or furnished to the date and time
of ternunation,computed in accordance with Section III of this Agreement.
M. CONTINGENT FEE
The CONSULTANT warrants that it has not employed or retained any connpany or person,other
than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract,
and that it has not paid or agreed to pay any company or person,other than a bona fide employee,
Public Sk�nda�d Agreement(2004 Foim) VER.6/22l2006
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any fee, commission,percentage,brokerage fee,gift or any other consideration, contingent upon or
resulting from award or making of this Agreement.
N. NON-DISCRIMINATION
The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be
considered part of this Agrcement as if fully set forth herein.
The CONSULTANT is an Equal Opportunity Employer and it is the policy of the
CONSULTAN'T that all employees,persons seeking employment,subcontractors,subconsultants
and vendors are treated without regard to their race,religion, sex, color,national origin,disability,
age, sexual orientation,marital status,public assistance status or any other characteristic protected
by federal, state or local law.
O. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Minnesota.
P. DISPUTE RESOLUTION
CLIENT and CONSIJLTANT agree to negotiate all disputes between them in good faith for a
period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution
or exercising their rights under law. Any claims or disputes unresolved after good faith
negotiations shall first be submittcd to mediation utilizing the Minnesota District Court Rule 114
Roster. Disputes not resolved by mediation shall then be submitted to arbitration in accordance
with provisions of the Construction Industry Arbitration Rules of the American Arbitration
Association. CONSULTANT and the CLIENT agree to require an equivalent dispute resolution
process governing all contractors,sub-contractors,suppliers,consultants,and fabricators concerned
with this project.
Q. SURVNAL
All obligations,representations and provisions made in or given in Section IV of this Agreement
will survive the completion of al]services of the CONSULTANT under this Agreement or the
terminatiou of this Agreement for any reason.
R. SEVERABILITY
Any provision or part of the Agreement held to be void or unenforceable under any law or
regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and
binding upon CLIENT and CONSULTANI',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.
SECTION V-SIGNATURES
THIS INSTRLTMENT embodies the whole agreement of the parties,there being no promises,terms,
conditions or obligation referring to the subject matter other than contained herein. This Agreement may
only be amended, supptemented,modified or canceled by a duly executed written instrument signed by
both parties.
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IN WTTNESS WHEREOF,the parties hereto have caused this Agreement to be executed in their behalf.
CLIENT�City of Scandia CONSULTANT:Bolton&Menk Inc.
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Public Standa�d Agreement(2004 Form) VER.6l22/2006
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EXHIBIT I
DETAILED WORK PLAN AND PROJECT SCHEDULE
The primary objective of the Uptown Wastewater System Master Plan is to evaluate the current system
and to recommend a course of action to maintain the current system's condition,capacity and
performance while planning for future repair,replacement and possible expansion of the system. Specific
plan objectives include the following:
Assess the cunent condition,performance,and capacity of the system, including:
• Identify current users of the system,their wastewater characteristics, impact on the system,and
potential for expansion or upgrade among current users
• Estimate the impact of inflow and infiltration(I&I)on the system
• Make recommendations for operation and maintenance to improve and preserve the system's
condition and to extend the life ofthe current system
. Review the wastewater budget and make recommendations regarding the development of a
wastewater enterprise fund and appropriate user rates
Forecast future costs of maintenance and repairs to properly manage the system,including:
• Make recommendations for controlling or prohibiting undesirable discharges to the system and
recommend implementation strategies including ordinance language
• Prepare a description,cost estimate,and time table for future replacement of the system,
including evaluation of the City-owned drainfield expansion site
• Estimate the potential for growth and new service connections,including evaluating the
feasibility of expanding system capacity
• Assess the impact of likely regulatory changes on the system,with cost impacts
PROJECT WORK PLAN
The Wastewater System Master Plan work plan is comprised of several tasks.We have included a graphic
presentation of the Uptown Wastewater System Master Plan project schedule,which demonstrates how
the various tasks will be implemented.This project schedule,presented at the end of this section,can be
adjusted to meet the City's specific schedule needs.
A listing of the work tasks are as fo(lows:
Task 1 —Project Workshop
Task 2—Data Collection
Task 3—Inflow 8c Infiltration Evaluation
Task 4—Existing System Evaluation
Task 5—Evaluation of Future Regulatory Requirements on System
Task 6—Future System Replacement and Expansion Evaluation
Task 7—O&M Recommendations
Task 8—Cost Estimates
Task 9—Wastewater Budget Review,Enterprise Fund and User Rate Recommendations
Task 10—Discharge Ordinance Recommendations
Task 11 —Draft Plan Preparation
Task 12—Community Meeting
Task 13—Final Plan Preparation �
Uptown Wastewater System Master Plan `
City of Scandia,Minnesota Page 1 of 4
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DETAILED WORK PLAN AND PROJECT SCHEDULE
Brief descriptions of the above work plan tasks are provided in the following paragaphs of this section.
TASK 1- PROJECT WORKSHOP
A workshop meeting with City representatives as well as key project team members will be held after the
Notice to Proceed is issued.The purpose of this workshop is to facilitate the following:
• Receive input from the staff
• Review eausting information that is available
• Identification of project information needs
• Review and discuss project procedure details
• Review and discuss project schedules
• Adjustment of the work plan to meet the needs of the City of Scandia
This workshop sets the stage for the coordination and cammunication that will take place with the various
staff members throughout the project.
TASKS 2—DATA COLLECTION
This task includes reviewing all available peninent background information and meeting with City staff to
develop an understanding of the entire sys#em. The existing wastewater flow and loading data will be
reviewed to determine the current average and peak flows for the system. Information on the location of
existing water supply wells will also be collected for use. GIS,aerial photo,and parcel data from
Washington County will be used to develop base mapping for plan figures.
TASK 3-INFLOW AND INFILTRATION EVALUATION
This task includes reviewing available water meter flow data,as well as lift station run time data,to
evaluate the amount of inflow and infiltration(I&I)in the system. If significant 18tI is discovered,
recommend$tions will be included in the plan regarding minimizing IBtI.
TASK 4-EXISTING SYSTEM EVALUATION
1n this task,a paper and field review of the existing system will be completed. Field inspections will be
completed and eicisting permit and plan data will be reviewed to determine the configuration of the
eacisting collection and treatment system. Soil borings and other field inspections will be completed to
determine whether the exisring system is compliant with current Subsurface Treatment System(SSTS)
requirements. An evaluation of the capacity of the existing system to accept the cwrent flows and
wastewater loadings will also be completed. The goal of this task is to determine the ability of the current
system to accept the cwrent wastewater flows and loadings in compliance with current SSTS regulations.
TASK 5—EVALUATION OF FUTURE REGULATORY REQUIREMENTS ON SYSTEM
Washington County has recently adopted the Minnesota Pollution Control Agency's(MPCA)new
Subsurface Sewage Treatrnent System(SSTS)rules and updated their own SSTS ordinance. In this task,
an evaluation of the impact of these new regulatory requirements on the Uptown Wastewater System will
be completed. New regulations and requirements that may have a significant effect on the system include
operating permits,and nitrogen and phosphorus mitigation.
Uptown Wastewater System Master Pian m
City of Scandia,Minnesota Page 2 of 4
11
.
DETAILED WORK PLAN AND PROJECT SCHEDULE
TASK 6- FUTURE SYSTEM REPLACEMENT AND EXPANSION EVALUATION
Based on the information collected in Tasks 2-5,an evaluation of the feasibility of future replacement and
expansion ofthe system will be completed.Expansion may involve increased flows from existing users or
expansion of the system to include new users. The plan will include recommended"trigger points"for
system replacement and/or expansion. These"trigger points"may include increased flows,additional
users,or system operation and performance issues that will reyuire replacement or expansion of the
system. Preliminary,schematic design of a proposed replacement system will also be completed as a part
of this task. "
TASK 7—O&M RECOMMENDATIONS
This task will involve developing a recommended schedule of operation and maintenance procedures for
the system. The recommendations will be based on industry standard O&M procedures for systems of
this type as well as any issues discovered in Task 4.
TASK 8—COST ESTIMATES
This task will include the preparation of cost estimates for the proposed replacement system. In addition,
estimated costs for the recommended O&M procedures will be compiled. These cost estimates will be
used in developing the proposed enterprise fund budget and user rate structure.
TASK 9—WASTEWATER BUDGET REVIEW, ENTERPRISE FUND AND USER RATE
RECOMMENDATION5
The City's e�cisting wastewater budget will be raviewed in conjunction with the O&M and system
replacement costs developed in Task 8. A recommended annual budget will be developed and
cornesponding user rates will be developed to support the annual budget.
TASK 10—DISCHARGE ORDINANCE R�COMMENDATIONS
For this task,Bolton&Menk will provide a draft discharge ordinance based on examples from
communities with similar systems. The ordinance will address control of and prohibition of undesirable
discharges to the system.
TASK 11—DRAFT PLAN PREPARATION
Based on the information collected and prepared in Tasks 1-10,a Draft Master Plan will be prepared and
delivered to City staff for review and comment.
TASK 12—COMMUNITY MEETING
After review by City staff and Council,a community meeting will be held to present the Draft Master
Plan to the public. This ta�sk could be moved after completion of the Final Master Plan,at the City's
discretion.
TASK 13—FINAL PLAN PREPARATION
The Draft Master Plan will be revised to incorporate any comments received during City review and the
community meeting.
•
Uptown Wastewater System Master Plan '
Gty of Scandia,Minnesota P�ge 3 of 4
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DETAILED WORK PLAN AND PROJECT SCHEDULE
PROJECT SCHEDULE
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Uptown Wastewater System Master Plan '
City of Scandfa,Minnesota Page 4 of 4
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