ITEM 3.7 Solids processing Pilot testing0 tSTY
F O
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Utilities
Utility Manager Neidermeier
Aug 27, 2018
PRESENTER(s)
REVIEWED BY:
ITEM #:
Consent
City Administrator/Finance Director
Flaherty
3.7
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
future East Wastewater Treatment Facility Improvements.
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 Otsego Wastewater Master Plan adopted in February 2018 identifies the recommendation of
Is a social community with diverse housing, service options, and employment opportunities.
Wastewater Treatment Facility (Facility). Pilot testing helps identify the equipment that best treats the
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff is recommending Solids Processing Pilot testing be conducted this fall in preparation for design of
future East Wastewater Treatment Facility Improvements.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION
The Otsego Wastewater Master Plan adopted in February 2018 identifies the recommendation of
consolidated dewatering and chemical stabilization as means for future solids handling at the East
Wastewater Treatment Facility (Facility). Pilot testing helps identify the equipment that best treats the
characteristics of the solids material. Based on these results; engineering design can be established, capital
allocated and construction coordinated to meet growth of the community. Quotes, engineering
agreement and estimates have been assembled for reservation of two one week pilot tests; October 29th
and November 12th. The costs of the pilot testing equipment and coordination and support services from
AE2S total an amount not to exceed $26,000.
An informational letter will be sent to adjacent neighbors of the Facility providing notice of the pilot tests;
its scheduled dates, odor potential and the City's efforts to progress towards Wastewater Master Plan
goals with reduction of onsite solids storage and odor mitigation.
Additional expenses will be incurred to fully support testing; this will include temporary electrical service,
lab work, staff assistance and solids disposal. These costs have not been established however estimates
indicate costs of approximately $5,000.00.
SUPPORTING DOCUMENTS ATTACHED:
• Quote — Centrisys THK
• Quote — Schwing Bioset
• Agreement —AE2S Engineering
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve Pilot testing of two Solids Processing units including Centrisys and Schwing Bioset at the
East Wastewater Treatment Facility this fall.
Motion to approve AE2S Engineering agreement for pilot testing coordination and support.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund #602 - Wastewater No
350 SiVIC Drive
Somerset, WI 54025
Phone: (715) 247-3433
Fax: (715) 247-3438
July 27, 2018
AE2S
6901 E Fish Lake Rd, Suite 184
Maple Grove, MN 55369-5457
Attention: Scott Schaefer, P.E.
Subject: Demonstration — Dewatering Screw Press
Schwing Bioset, Inc. Quote 2018255
Dear Mr. Schaefer,
Schwing Bioset, Inc. is pleased to propose the following equipment sludge dewatering
demonstration at your facility.
Equipment Use: 1 $ 5,000.00
EQUIPMENT RENTAL
System includes equipment as follows:
• Schwing Bioset Dewatering Screw press, mounted on trailer, complete with polymer
system, sludge feed pump, flocculation tank, and necessary controls and instruments.
• Freight and return freight
• Schwing Bioset Service technician to operate equipment
• Report on dewatering, including Solids content of influent and discharge, polymer
dosing rate.
• Rental duration not to exceed 1 week.
Schedule is subject to unit availability. Demo will be week of November 12, 2018. Unit
would be delivered and set up on November 12, and will run demo on November 13, 14, 15
and conclude on November 16.
Schwing Bioset, Inc.
REQUIREMENTS
The Schwing Bioset Dewatering Screw Press requires the following for operation; these
utilities shall be the responsibility of the host facility.
• Trailer foot print is nominal 10' wide x 50' long
• Electrical service required is 460V/3 phase/60 Hz. Control panel has 30 A circuit
breaker main feed. SBI has 100 foot cord, service connection must be within this
radius of the SBI control panel.
• Sludge Feed: Municipal sludge, 0.5 — 5% solids. Stream must be free of debris such
as rags, etc. SBI has 2" hose, with female camlok fittings.
• Filtrate Return: Host to accept filtrate from 2" hose, possibly at nearby manhole.
• We have a total of 100' of hose to split between sludge feed and filtrate
return lines. Wash Water: Plant effluent water quality, Standard garden hose. We
need a good water supply: 60psi and 15gpm minimum, and we have about 100'
of supply hose.
• Solids Discharge: Host is responsible for recycling/disposing the generated dewatered
sludge calve. A number of locations have provided a small bobcat or front end loader
to accept the material and dispose of it periodically as required.
• SBI to provide emulsion polymer sufficient for demonstration.
• Disposal means for washdown at conclusion of demonstration.
• Lab Data: Host to provide lab analysis of subject sludge, including volatile solids
content, ash content, fiber content, and pH.
CLARIFICATIONS
• Permits, licenses, and approvals, if needed, are the responsibility of the Customer.
If you have any questions, please don't hesitate to contact me by Cellular phone (715-243-
4597), or E-mail (KBauer@schwingbioset.com).
Yours very truly,
Schwing Bioset, Inc.
Kevin Bauer
Central Regional Sales Manager
cc: Steve Roberts — Vessco
Chuck Wanstrom — Schwing Bioset
Page 2 of 3
Schwing Bioset, Inc.
ORDER ACCEPTANCE
Offer for demonstration, including all terms and conditions referenced within is accepted by:
Name
Title
Company
Company Address
Date
Page 3 of 3
Thickening Centrifuge Pilot Test
Proposal for the City of Otsego
Centrisys Regional Manager
Josh Gable
Regional Sales Manager
9586 58th place
Kenosha, WI 53144
Ph: (262) 654 6006
Direct: (262) 705 3064
Email: josh.gable@centrisys.us
Centrisys Sales Representative
Matt Fritze
Great Northern Environmental
1300 Helmo Ave N
Oakdale, MN 55128
Ph: (651) 289 9100
Direct: 952 239 2264
Email: mfritze@anenv.com
CORPORATE HEADQUARTERS 9586 58TH PLACE ® KENOSHA, 53144 ® PH: (262) 654 6006 in
INFO@CENTRISYS.US ® WWW.CENTRISYS.US
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Centrisys is pleased to provide this quotation for the following:
ITEM 1 EQUIPMENT
1.A Centrisys Skid Mounted CS THK 200 Unit — Scope of Supply
1. One (1) THK 200 Decanter Centrifuge
(a) 40 HP Main Drive
(b) 15 HP Scroll Drive
(c) Air Injection System for Cake Solids Control
(d) Internal Polymer Injection System
2. One (1) Sludge feed system
(a) 1 Sludge feed pump, Netzsch type NM076
(b) Endress Hauser magnetic flow meter
3. One (1) Polymer Feed System (Velodyne)
(a) Raw polymer pump, Seepex type MD0005-24
(b) Mixing Reservoir
4. One (1) Thickened cake discharge pump with hopper, Netzsch type NM053
(a) Includes hopper level control via pressure transducer.
(b) 4" hopper overflow line
5. One (1) 6" centrate gravity discharge
6. One (1) Air Compressor Unit Quincy type QT7.5 for Cake Solids Air Control System
7. One (1) Combined Control Cabinet
(a) HMI by Allen Bradley type Panelview Plus 1000
(b) Refrigeration System by Ice Cube type IQ6000VS
(c) Compact Logix PLC by Allen Bradley
ITEM 2 PILOT TESTING CONNECTIONS AND SETUP REQUIREMENTS
2.A Thickening Centrifuge — THK200
1. Feed Hose Connection: 4" Male Camlock
2. Thickened Sludge Discharge Connection: 4" Male Camlock
3. Centrate Discharge: 4" Male Camlock
4. Process Water Connection: 1.5" Male NST
(a) Require 40 GPM of 50 PSI water
(b) Quality: minimum of filtered effluent water
(c) Centrisys to provide 100ft of 1.5" fire hose
5. Electrical Requirements:
(a) 480V 3Ph Power
(b) Centrisys Main Panel Disconnect: 175 Amps
(c) Minimum Service Requirement from Plant: 125 Amps
(d) Centrisys to provide 100ft of 2 Gauge SO cable.
6. Additional Hoses: Centrisys shall supply 180 ft of 4" camlock hose (-20 ft segments)
for items 1.-3. above.
CORPORATE HEADQUARTERS 9586 58TH PLACE ® KENOSHA, 53144 ® PH: (262) 654-6006
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ITEM 3 PILOT TESTING SCOPE
1. Two week pilot test using the Centrisys THK 200 pilot unit.
2. Centrisys process engineer on-site at all times during the pilot testing. 8 hours per day.
3. Transportation of pilot unit.
4. Assistance with connection and setup of equipment and hoses (excluding electrical tie-
in to plant power supply).
5. Pilot testing to include various flow conditions, polymer dosing settings, mechanical,
and operational settings.
6. Testing will demonstrate impact of changing mechanical settings including nozzle
setting, airflow, and bowl speed for the thickening centrifuge.
7. A minimum of 10 sets of samples per day to be collected during testing excluding
setup and pack -up days.
8. Samples will be submitted to the plant laboratory for analysis.
9. Disconnection and pack -up of unit upon the conclusion of the one week test period.
10. Upon the completion of the pilot test, Centrisys shall provide the customer a
comprehensive report including power use, polymer use, flow rates, and settings used.
ITEM 4 PILOT TEST PRICE:
Total cost for one (1) week THK Pilot Test .............................................. $5,000.00 USD
F.O.B. Kenosha -WI, freight included, taxes excluded.
VALIDITY:
Purchase Price is valid for sixty (60) calendar days from quotation date, for shipment of
Equipment within the timetable stated below in ITEM 6.
PAYMENT TERMS:
A purchase order is required to secure the equipment and dates for the pilot test. Centrisys
standard payments terms are NET 30.
ITEM 5 CLARIFICATIONS
THK Skid System will be mounted and operated from a 48ft drop deck trailer.
Customer shall provide staff to connect and disconnect the pilot unit SO power cable
to/from the plant power source.
A 1 -week pilot test shall include at minimum, 3 full (-8hour) days of operating the
equipment. A total of 2 days shall be allowed for travel and setup of the unit, and
pack -up of the units at the conclusion of test.
ITEM 6 TIMETABLE
Pilot Unit Availability: The Centrisys THK 200 pilot unit will be reserved for the requested
date upon receipt of PO for the above amount.
Requested date: 10/29- 11/2 2018
CORPORATE HEADQUARTERS 9586 58TH PLACE ® KENOSHA, 53144 ® PH: (262) 654-6006
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ITEM 7 ADDITIONAL INFO
Please find the additional documents enclosed detailing the setup and typical operation for
the two centrifuge systems.
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THICKENING CENTRIFUGE
SITE PILOT TESTING
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Centrisys Model: CS 18-3, Skid -Mounted THK
Unit Number: 8137
W I .S C O N S I N
MANUFACTURER
OF ' T HE Y E A R
An ISO 9001;2008 Company
9586 58th Place
Kenosha, WI 53144
Phone: (877) 339-5496
Fax: (262) 764-8705
www.centrisys.us
info @cen trisys, us
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INTRODUCTION
Thank you for giving Centrisys the privilege to demonstrate the performance capabilities of our
sludge thickening equipment at your facility. This is always an exciting opportunity to visit with
potential clients and address their ever changing thickening needs. We hope to make the most of
our time on site and collect an extensive range of data in order to optimize equipment
performance for you.
Subsequently, we ask that you read through this manual closely and ensure you are willing and
capable of handling the required setup for our site visit. This packet notes some issues that have
come up in previous pilot testing. However, we are continually finding new challenges present
themselves as we expand the scope of our site testing. Please feel free to contact Centrisys if you
have any questions or concerns regarding our upcoming visit. We look forward to a productive
and enjoyable thickening presentation!
SITE PREPARATION INFORMATION
Location
1. Installation should be on as level a location as possible.
2. Our driver must be able to park the trailer at your facility. This is not an easy task. Please
consider obstructions such as trees, power lines, tight/narrow drives, low clearances, and
buildings.
3. Electrical and hose lengths must be able to reach all hookup points from the trailer. DO
NOT place the trailer too far from any particular point i.e., electrical, drain, water,
or sludge feed as this may adversely impact the machine performance.
4. The front trailer legs may sink into soft or wet ground. Be prepared to lay material e.g.,
wood, bricks, etc. to prevent this from happening.
5. Confirm the location of the trailer before it arrives and discuss with any staff that may aid
in receiving the trailer. Our drivers seldom know where to unload the trailer at your
facility and they depend on your assistance.
Electrical Connection
1. 100 feet of power cable extends from the trailer.
2. The plant must provide a power supply and breaker for 480 volt, 3-phase, 60 Hz
and 175 amp service.
3. The plant needs to supply a licensed electrician to tie into your service. Centrisys takes no
liability in plant electrical malfunctions.
Water Connections
1. The water supply can be potable water or plant effluent provided the chlorine levels are
low. High a chlorine levels will adversely affect polymer performance.
2. The total water feed necessary is approximately 50 gpm.
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C E N T R IF U G E S Y S T E M S
3. Water is connected to the trailer with 100 feet of fire hose with 1.5" NST (NH) fittings or
2" Camlock Fittings. Please inform Centrisys of any specialty fittings we may have to
make in order to tie into your facility.
4. A standard garden hose is unacceptable and will not meet flow requirements for the
trailer.
5. The plant is responsible for providing a back flow preventer if deemed necessary.
Sludge Feed
1. Feed sludge is delivered to the trailer via a Camlock connection on the trailer positive
displacement pump using sections of 6" or 4" flexible hose.
2. Pumping the feed with a plant pump from a pit, storage tank, etc. is acceptable. However,
pumping with a positive displacement pump at the plant to the positive displacement
pump on the trailer has created issues in the past. Pressure can and will build in the lines
and create a potential for line breakage. In this scenario we ask, if possible, to bypass
your pump to prevent this issue.
3. A total of approximately 100 feet of 4" D flexible hose is available on the trailer for the
feed and centrate lines.
4. The plant supply needs to be able to connect to a 6" or 4" Camlock fitting.
5. Feed should be consistently mixed and representative of the sludge that will be thickened
upon final installation of a centrifuge.
Centrate Discharge
1. Centrate is discharged into a tank directly below the centrifuge pictured in Figure 2 below
2. Centrate can be pump discharged or gravity drained.
3. See Figures 1 and 2 below for gravity and pump discharge connections.
4. Approximately 20 feet of 6" D hose are typically used for gravity discharge.
5. The trailer supply also includes a 6" x 4" Camlock reducer for extending the discharge
length of the centrate using 4" hose.
6. Approximately 100 feet of 3" D hose can be used for alternate pump discharge.
Cake Discharge
1. Review options for centrate discharge above for cake discharge.
2. Please consider that cake will be very viscous and gravity discharge over long
distances is not recommended.
Polymer
1. Pending results of sludge testing in our Kenosha laboratory, Centrisys may chose and
supply polymer for testing.
2. Polymer will most likely be shipped directly to your facility. Please be prepared to
receive this shipment.
3. Centrisys will test other polymers at the wish of our clients. However, we cannot supply
polymers outside of our recommendations.
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CENTRIFUGE CY STy
Laboratory Analysis
1. Centrisys cannot analyze feed, cake, or centrate samples while testing on site.
2. You must be able to handle performing Total Solids (TS) analysis on cake and sludge
feed samples and Total Suspended Solids (TSS) on centrate samples. A minimum of (5)
five cake samples will be tested each day of operation with a maximum of (20)
samples, depending on your lab resources.
3. We also request an analysis of Volatile Solids (VS) for sludge feed and cake. However,
this is not required if you do not have the resources.
4. Please inform Centrisys if you are unable to conduct lab testing so we can make
necessary arrangements for independent testing.
Miscellaneous
1. Please advise of any security clearances, gates, etc. we may encounter when arriving on
site.
2. Please advise us to any construction concerns our driver and/or technicians may need to
address before arriving on site.
3. Please advise of any safety concerns or plant safety policies e.g., hardhats, protective
eyewear, etc.
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Key Skid Components
Figure 1: Right Side of Trailer Setup
Figure 2: Left Side of Trailer Setup
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Trailer and Skid Dimensions
Figure 3: Trailer & Skid Dimmensions (L x W x H: 48 ft x 8 ft x 12 ft)
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August 22, 2018
City of Otsego
Kurt Neidermeier, Utilities Manager
13400 900' Street NE
Otsego, MN 55330
RE: Letter Agreement between City of Otsego and AE2S
Biosolids Dewatering Pilot Coordination and Support
Dear Kurt:
Advanced Engineering and Environmental Services, Inc. (AE2S) proposes to render professional engineering
services (Assignment) to the City of Otsego (CLIENT) to support piloting of dewatering equipment (centrifuge
and screw press systems) during Fall 2018. The dewatering pilot tests will assist in determining equipment selection
for the upcoming biosolids improvements project at the East Wastewater Treatment Facility (WWTF).
This Agreement, including Exhibit A, sets forth the terms and conditions under which the CLIENT and AE2S shall
be governed regarding the Assignment.
Proiect Summary and UnderstandinLY:
This dewatering pilot testing effort is an initial step in the project that was identified in the 2018 Wastewater Master
Plan as "East Solids Phase 1" (ESI). The ESI project generally consists of a new Biosolids processing facility,
which will include dewatering and chemical (lime) stabilization as well as ancillary systems and improvements to
support the new facilities. The pilot testing will include dewatering of undigested, thickened waste activated sludge
(TWAS) at the East WWTF. A centrifuge and a screw press will be tested for a duration of approximately one
week each. The week-long tests include equipment set up, testing, and tear -down. Performance data will be
gathered to assist in recommending the type of equipment to be utilized for the ESI project. Operations staff
experience and familiarity with the equipment will also be enhanced. Pilot testing is anticipated in late October and
early November 2018.
Scope of Basic Services
AE2S will perform the following tasks:
• Pilot equipment coordination and scheduling
• Pilot Plan and Protocol development
1. Guidelines for manufacturers
2. Sampling and data gathering plan
3. Cake disposal planning
• Pre -Pilot meeting: discuss Pilot Plan, gather input, and incorporate revisions
• Piloting support — three half-day visits per pilot (six half-day visits during pilot runs)
• Pilot results analysis and documentation
1. Tech memo summarizing results of the two pilots and recommendations for next steps
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
Kurt Neidermeier, City of Otsego Utilities Manager
RE: Letter Agreement for Biosolids Dewatering Pilot
August 22, 2018
Page 2 of 3
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 in accordance with the Hourly Fee Schedule
attached as Exhibit B.
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 services 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 relevant information regarding requirements for the Assignment. AE2S shall be entitled to
use and rely upon all information provided by CLIENT or others in performing AE2S's services
under this Agreement.
3. Provide access to the relevant site sufficient for AE2S to performs its services under this Agreement.
4. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have been
performed satisfactorily hereunder in accordance with the fee terms set forth herein.
5. Provide operational staff to produce TWAS for pilot testing.
6. Provide local power, facilities, sampling (as needed), and ancillary requirements for the pilot testing
as necessary beyond the scope of the pilot testing services.
7. Enter agreements with equipment manufacturers to procure the pilot testing services.
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 in accordance with the Hourly Fee Schedule
attached as Exhibit B not to exceed $16,000 without written authorization from CLIENT, plus reimbursement for
all project related expenses.
Performance Schedule
AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable time period.
Contract Documents
This Agreement includes the following documents, incorporated herein by reference:
1. Exhibit A - Terms and Conditions;
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
Kurt Neidermeier, City of Otsego Utilities Manager
RE: Letter Agreement for Biosolids Dewatering Pilot
August 22, 2018
Page 3 of 3
2. Exhibit B - Hourly Fee and Expense Schedule;
3. All other attached Exhibits referenced in this Agreement;
4. Any drawings or specifications provided by the CLIENT in writing; and
5. 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,
Scott Schaefar, PE
AE2S
Wastewater Practice Leader
AE2S
CLIENT
Accepted this day of
20
By: By:
Scott Schaefer, E
Name (Print):
Title:
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
Standard Terms and Conditions
The Agreement is supplemented to include the following terms and conditions:
1. 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 AE2S's profession practicing under similar circumstances
at the same time and in the sante 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.
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. If
CLIENT fails to make any payment due AE2S for services and expenses
within 30 days, the amounts due AE2S will be increased at the rate of
1.75% 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. All payments shall be made in United States Dollars.
3. Insurance
AE2S will maintain insurance coverage for Workers' Compensation,
Professional Liability, General Liability, and Automobile Liability and will
provide certificates of insurance to CLIENT upon request.
4. Indemnification and Allocation of Risk
a. To the fullest extent permitted by law, AE2S shall indemnify and hold
hanmless CLIENT and CLIENT's officers, directors, members, and
employees from any and all costs, losses, and damages (including but not
limited to all reasonable fees and charges of engineers, architects,
attorneys, and other professionals, and all court, arbitration, or other
dispute resolution costs) arising out of or relating to the Project, provided
that any such cost, loss, or damage is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property (other
than the Work itself), including the loss of use resulting therefrom, but only
to the extent caused by any negligent act or omission of AE2S or AE2S's
officers, directors, members, partners, employees, or Consultants. The
parties expressly agree that AE2S or AE2S's officers, directors, members,
partners, or employees have no duty to defend CLIENT and CLIENT's
officers, directors, members, and employees against any claims, causes of
action, demands, lawsuits, or proceedings of any kind.
b. To the fullest extent permitted by law, CLIENT shall indemnify and hold
harmless AE2S, AE2S's officers, directors, partners, employees, and
consultants 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) to the extent caused by the negligent acts or omissions of
CLIENT or CLIENTS officers, directors, partners, employees, and
consultants with respect to this Agreement.
c. In addition to the indemnity provided under paragraph 4.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 reasonable fees and
charges of engineers, architects, attorneys, and other professionals, and all
court or arbitration or other disputes resolution costs) caused by, arising
This is EXIIIHIT A, consisting of 2 pages, referred to in andt of
;-
the Agreement between CLIENT and AE2S dated August 22, 2018.
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 4.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, AE2S's total liability to CLIENT
and anyone claiming by, through, or under CLIENT for any injuries,
losses, damages and expenses caused in part by die negligence of AE2S
and in part by the negligence of CLIENT or any other negligent entity or
individual, shall not exceed the percentage share that AE2S's negligence
bears to the total negligence of CLIENT, AE2S, and all other negligent
entities and individuals.
Exclusion of Special, Incidental, Indirect, and Consequential Damages
To the fullest extent permitted by law, and notwithstanding any other
provision in the Agreement, AE2S and AE2S's officers, directors, partners,
employees, agents, and Consultants, or any of them, shall not be liable to
CLIENT or anyone claiming by, through, or under CLIENT for any
special, incidental, indirect, or consequential damages whatsoever arising
out of, resulting from, or in any way related to the Assignment or this
Agreement, from any cause or causes, including but not limited to any such
damages caused by the negligence, professional errors or omissions, strict
liability, breach of contract or warranties, express or implied, of AE2S or
AE2S's officers, directors, partners, employees, agents, or AE2S's
Consultants, or any of them.
Limit of Liability
To the fullest extent permitted by law, notwithstanding any other provision
ofthis Agreement, the total liability, in the aggregate, ofAE2S and AE2S's
officers, directors, partners, employees, agents, and AE2S's Consultants,
and any of them, to CLIENT and anyone claiming by, through, or under
CLIENT for any and all claims, losses, costs, or damages whatsoever
arising out of, resulting from or in any way related to the Project or the
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 AMS or AE2S's officers,
directors, partners, employees, agents, or AE2S's Consultants, or any of
them, shall not exceed total compensation received by AE2S as part of this
agreement.
7. Termination of Contract
Either party may at any time, upon seven days prior written notice to the
other party, terminate this Agreement. Upon such termination, CLIENT
shall pay to AE2S all amounts owing to AMS under this Agreement, for
all work performed up to the effective date of termination, plus reasonable
termination costs.
8. 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.
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 AE2S or any other party
encounters a Hazardous Environmental Condition, AE2S may, at its option
and without liability for consequential or any other damages, suspend
performance of services 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
Exhibit A - Standard Terms and Conditions
Page 1 oft
the Hazardous 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.
14, Force Majeure
AE2S shall not be liable for any loss or damage due to failure or delay in
rendering any service called for wider this Agreement resulting from any
cause beyond AE2S's reasonable control.
15.
10. 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 of the services performed under this Agreement will be
free from infringement of patents or copyrights. 16.
Ownership and Reuse of Documents
All documents prepared or furnished by AE2S pursuant to this Agreement 1
7.
are instruments of service, and AE2S shall retain an ownership and
property interest therein. Reuse of any such documents by CLIENT shall
be at CLIENTS 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 lg
others acting through CLIENT.
12. 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 from 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. ff 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.
Contractors
AE2S shall not at any time supervise, direct, control, or have authority over
any contractor's work, nor shall AE2S have authority over or be
responsible for the means, methods, techniques, sequences, or procedures
of construction selected or used by any contractor, or the safety precautions
and programs incident thereto, for security or safety at a project site, nor
for any failure of a contractor to comply with laws and regulations
applicable to such contractor's furnishing and performing of its work.
AE2S neither guarantees the performance of any contractor nor assumes
responsibility for any contractor's failure to famish and perform its work
in accordance with the contract between CLIENT and such contractor.
AE2S shall not be responsible for the acts or omissions of any contractor,
subcontractor, or supplier, or of any of their agents or employees or of any
other persons (except AE2S's own employees) at a project site or otherwise
furnishing or perfonning any construction work; or for any decision made
regarding the construction contract requirements, or any application,
interpretation, or clarification of the construction contract other than those
made by AE2S.
No Third Party Beneficiaries
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 patty. Nothing contained in this Agreement shall create
a contractual relationship with or a cause of action in favor of a 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.
Assignment
Neither party shall assign its rights, interests or obligations under this
Agreement without the express written consent of the other party.
Binding Effect
This Agreement shall bind, and the benefits thereof shall inure to the
respective parties hereto, their legal representatives, executors,
administrators, successors, and assigns.
Severability and Waiver of Provisions
Any provision or part of the Agreement held to be void or unenforceable
under 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.
19. Survival
All express representations, indemnifications, or limitations of liability
included in this Agreement will survive its completion or termination for
any reason.
20. Headings
The headings used in this Agreement are for general reference only and do
not have special significance.
21. Controlling Law
This Agreement is to be governed by the law of the State of Minnesota
without regard to its conflicts of laws principles.
22. Notices
Any notice required under this Agreement will be in writing, addressed to
time 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.
23. Executed in Counterparts
This Agreement may be executed in counterparts, each of which together
will constitute one and the same instrument. Delivery of arm executed
counterpart of this Agreement shall constitute effective delivery of this
Agreement. Each party agrees that the delivery of the Agreement by
facsimile or electronic mail shall have the same force and effect as delivery
of original signature and that each Party may use such facsimile or
electronic mail signatures as evidence of the execution and delivery of the
Agreement by the parties to the same extent that an original signature could
be used.
Exhibit A - Standard Terms and Conditions
Page 2 of 2
ry
This is EXIIIBIT B, consisting of 2 pages, referred to in and part of
the Agreement between CLIENT and AE 2S dated August 22, 2018.
Hourly Fee and Expense Schedule
Reimbursable Expenses and Standard Hourly rates in effect on the date of the Agreement are set forth below. Rates are subject to
annual adjustment effective January 1.
Labor Rates*
Administrative I
$58.00
I&C Assistant
$80.00
Administrative II
$71.00
I&C Technician I
$97.00
Administrative 111
$84.00
I&C Technician II
$109.00
I&C Technician III
$124.00
Communications Specialist I
$87.00
I&C Technician IV
$136.00
Communications SpecialistII
$100.00
I&C Technician V
$149.00
Communications Specialist III
$114.00
I&C Specialist
$161.00
Conus nications Specialist IV
$138.00
I&C Senior Specialist
$170.00
Communications Specialist V
$152.00
IT 1
$97.00
Construction Services Manager I
$132.00
IT II
$119.00
Construction Services Manager 11
$143.00
IT 111
$135.00
Construction Services Manager III
$161.00
IT IV
$152.00
Construction Services Manager IV
$178.00
IT V
$168.00
Construction Services Manager V
$195.00
IT VI
$178.00
IT Manager
$197.00
Construction Services Rep I
$81.00
Construction Services Rep II
$97.00
Land Surveyor Assistant
$80.00
Construction Set -vices Rep III
$113.00
Land Surveyor I
$95.00
Land Surveyor II
$115.00
Engineering Assistant 1
$67.00
Land Surveyor III
$128.00
Engineering Assistant 2
$85.00
Land Surveyor IV
$142.00
Engineer I
$100.00
Engineer II
$128.00
Marketing Consultant I
$81.00
Engineer III
$152.00
Marketing Consultant II
$102.00
Engineer IV
$173.00
Marketing Consultant 111
$125.00
Engineer V
$188.00
Marketing Consultant IV
$143.00
Engineer VI
$212.00
Marketing Consultant V
$161.00
Engineer VII
$226.00
Engineer VIII
$236.00
Operations Specialist I
$81.00
Operations Specialist II
$97.00
Engineering Technician I
$66.00
Operations Specialist III
$122.00
Engineering Technician R
$84.00
Operations Specialist IV
$138.00
Engineering Technician III
$100.00
Operations Specialist V
$160.00
Engineering Technician IV
$116.00
Engineering Technician V
$132.00
Program Coordinator I
$173.00
Engineering Technician VI
$147.00
Program Coordinator II
$184.00
Program Coordinator III
$196.00
Financial Analyst I
$87.00
Financial Analyst II
$102.00
Project Coordinator I
$95.00
Financial Analyst III
$119.00
Project Coordinator II
$103.00
Financial Analyst IV
$135.00
Project Coordinator lII
$116.00
Financial Analyst V
$152.00
Financial Analyst VI
$173.00
Project Manager I
$163.00
Financial Analyst VII
$188.00
Project Manager II
$178.00
Financial Analyst VIII
$206.00
Project Manager III
$196.00
Project Manager IV
$211.00
GIS Specialist 1
$85.00
GIS Specialist 11
$102.00
Senior Designer
$184.00
GIS Specialist III
$122.00
Senior Consultant I
$206.00
GIS Specialist IV
$137.00
Senior Consultant H
$227.00
Exhibit B - Hourly Fee and Expense Schedule
Page 1 of 2
Technical Expert 1 $243.00
Technical Expert H $264.00
Technical Expert III Negotiable
Reimbursable Expense Rates
Transportation
$0.65/mile
Survey Vehicle
$0.70/mile
B&W Photocopies 8'/z" x11"
$0.10/copy
B&W Laser Printouts 8'/Z" x11"
$0.20/page
Color Laser Printouts/Copies 8'/z" x11"
$0.68/page
Plots — Color Bond
$1,25/s.f.
Plots — Monochrome Bond/Vellum
$0.75/s.f.
Plots—Film/Photo High Gloss
$2.00/s.f.
UAS — Photo/Video Grade
$100.00/day
Video Equipment
$100.00/each
Total Station—Robotic
$35.00/hour
Geo 7 PR GPS
$25.00/hour
Fast Static/RTK GPS
$50.00/hour
RI GNSS GPS
$30.00/day
Sonar Mite
$50.00/day
All-Terrahi Vehicle/Boat
$100.00/day
In-house Lodging
$150.00/day
Legal Services Reimbursement
$211.00/hour
Outside Services**
cost *1.15
Geotechnical Services
cost *130
Out of Pocket Expenses***
cost* 1.15
Rental Car
cost*1.20
* Position titles are for labor rate grade purposes only.
** Includes laboratory testing, architectural and engineering
consultants, surveying, etc.
*** Includes toll telephone, shipping, postage, subsistence,
technical literature, equipment rental, etc.
Exhibit B — Hourly Fee and Expense Schedule
Page 2 of 2