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ITEM 4.1 Amending East WWTF Design AgreementOtSTY F O MINNESOTA g DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Utilities Utility Manager Neidermeier August 12, 2019 PRESENTER(s) REVIEWED BY: ITEM #: Scott Schaefer, AE2S Engineering City Administrator/Finance Director Flaherty City Attorney MacArthur 4.1 STRATEGIC VISION MEETS: THE CITY OF OTSEGO: Design Agreement with AE2S Engineering. 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 February 2018 identified an East Wastewater Treatment Is a social community with diverse housing, service options, and employment opportunities. storage with land application to a short-term thickening and disposal process. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: Staff is recommending approval of an amendment to the Otsego East Wastewater Treatment Facility Solids Design Agreement with AE2S Engineering. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: The Otsego Wastewater Master Plan adopted February 2018 identified an East Wastewater Treatment Facility Solids Phase 1 project. This project upgrades solids management from a long term outside biosolids storage with land application to a short-term thickening and disposal process. Design is thirty percent complete fulfilling the preliminary design scope of services in the agreement with AE2S approved on January 14, 2019. The proposed final design and bidding scope is attached which provides engineering service to complete building design, bidding and regulatory communication for a cost of $1,018,200. These services are funded by and were included in the Sanitary Sewer Utility budget. SUPPORTING DOCUMENTS ATTACHED: • Scope of Services • Amendment No. 1 to Owner -Engineer Agreement Dated January 14, 2019 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve Amendment No. 1 to Owner -Engineer Agreement dated January 14, 2019 with Advanced Engineering and Environmental Services, Inc. (AE2S) in the amount of the $1,018,200. BUDGET INFORMATION FUNDING: BUDGETED: 602 —Sanitary Sewer Utility Fund Yes City of Otsego Biosolids Facility Final Design and Bidding Scope Draft, August 2, 2019 Introduction: The project scope generally includes the improvements of the "East Solids Phase 1" project described in the Otsego Wastewater Master Plan (February 2018). Preliminary design has been completed, and the project scope is better defined. The SRF Funding now requires "B3" compliance, which will dictate some design details and/or scope items. Principal components of the upgrade include: • New Biosolids Building including: ��� i:l o Footprint for anticipated buildout biosollds hadidling o Equipment for half of buildout biosolids total processing c'apacjty ■ Dewatering (centrifuge) I,_ and,poi,yrrier handling I ■ Lime Stabilization (proprietarV nclosed system by Schwil storage� Pumps and cake conveyance o Thickened WAS receivinflfr{&,Y1 West WWTF, interior garage bay) o Thickened WAS storage tar�l�i�aer atgd) +'1 o Solids Loadout (interior garage bays)' I I' '1 o Centrate equalization / treatment o Odor Con, tr9[ o Locker om / Shower facilities j o Breakro6m'°Yi,Training'R6om (Admin area) o Office / Records,/ Qry Sto,r6ge , a „ i`Proyisions for future'effluentl're�y',oled water use 0 i�' � i I 'i';i�.' �o Maini66aanGe and equipment space l • '' Site Improvements II, II 41 Civil site and roadways 4 r I''; ' J ■ Landscalg'Jmprovements (Bee Lawn) o Electrical o Automated ,;access gate • Additional Featurgsldb'6 considered during B3 evaluation: o Green activities (potential solar) o Other B3 requirements Preliminary Design (Previously Contracted) Final Design • 60 -percent and 90 -percent design review workshops o Design Review (can use 3D facility model) o Updated opinions of cost Otsego Biosolids Facility Design and Bidding ) and lime • MPCA Coordination • Documentation 0 60-percent Design Deliverables (drawings and specifications) 0 90-percent Design Deliverables (drawings and specifications) o Final Design Deliverables (drawings and specifications) o Subcommittee Presentations (two assumed) o Council Presentation Bidding • Distribution of Electronic Bid Documents 'V111 • Advertisement of Bidding on City Website and AE2S' QuestCDN • Issue Addenda Ill , • Schedule and Lead Pre-Bid Meeting • Attend Bid Opening • Prepare Award Recommendation • Council Presentation of Award Recommendation 47 B3 Coordination • B3 Coordination and Management 1,+�u i +� „I o SB2030 Energy Criteria6Wk`WTF Track) o General B3 Guideline Project-Requirements 111 • B3 Documentation via B3 Online Tracking Tool • B3 Building Energy Model • B3 Renewable En ergy�iCoordination I; �i 'li it, n ��i LTi, • B3 "Design Corihilssioning1i Requirement • Other: There' iS rao guarantee,that the projec will achieve B3 certification, which is dependent on the overall bfl uilding desig�r ,1decisions anis=ongoing reporting. There is also no guarantee that the energy costs i+ndicotecl (h4he,energyrrlodel will match the actual energy costs. Building;' performance is�con'tingent on Owner operation, weather conditions, building x; r�;;., cohstruction, end other external factors outside of the prediction of the energy model. . !. , "'Acoustic consulting Is also excluded as a "variance" from the B3 acoustic standards is anticipated. r, !0t ruction and Post-Constrlf�uction Phase's Reser�i�ed for future us', Preliminary Design $ 272,100 Previous Final Design $ 812,700 $ 1,018,200 Bidding $ 56,100 B3 $ 149,400 CA/RPR $ 1,000,000* Future / External B3 During Construction $ 150,000* Geotech/Survey $ 30,000* Materials Testing $ 40,000* Total $ 2,510,300 Otsego Biosolids Facility Design and Bidding This is EXHIBIT K, consisting of 4 pages, referred to in and pant of the Agreement between Owner and Engineer for Professional Services dated January 14, 2019. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 1 The Effective Date of this Amendment is: August 12, 2019 Background Data, Effective Date of Owner -Engineer Agreement: ,14, 2019 Owner: City of Otsego, Minnesota i Engineer: Advanced Engineering and Environmental Services, Inc. (AE2S) Project: Otsego East Wastewater Treatmeht'iFacility Brtisolids Building Nature of Amendment: [Check those Mdt,,al e applicabte�ltnd delete those that are inappZicable.J X Additional Services to be performed by Engineer f i ii X Modifications of payment to Engineer � t � i, X Modifict�ons to time(s) for rendering services Description of Modifications 1'� l� JT • goibrtA:-rTasks Al, 0311 '.and'A11,04 were previously reserved for future use. Amendment 1 adds �. 'these tasks,as descrrbect below.n� u.9� ' i�'6 . l� ''Exhibit C: PartjC2,Ol,A.1'in9difications� 01 A1.03 Final Design Phase A. After acceptance !by Owner of the''relirninary Design Phase docu vents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner -directed modifications or changes in the scope, extenrti, pbaracter�' oil design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare final Drawings' and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. If appropriate, Specifications shall conform to the 50 -division format of the Construction Specifications Institute. The updated project summary includes: o New Biosolids Building including: ■ Footprint for anticipated buildout biosolids handling • Equipment for half of buildout biosolids total processing capacity • Dewatering (centrifuge) and polymer handling • Lime Stabilization (proprietary enclosed system by Schwing-Bioset) and lime storage Exhibit K — Amendment to Owner -Engineer Agreement Agreement Between Owner and Engineer for Professional Services Page 1 ■ Pumps and calve conveyance ■ Thickened WAS receiving (fi•om West WWTF, interior garage bay) ■ Thickened WAS storage tank (aerated) ■ Solids Loadout (interior garage bays) ■ Centrate equalization / treatment ■ Odor Control ■ Locker Room / Shower Facilities ■ Breakroom / Training Room (Admin area) ■ Office / Records / Dry Storage ■ Provisions for future effluent recycled water use ■ Maintenance and equipment space 2. Provide technical criteria, written descriptions, ,aod design data for Owner"s!,u'se, in filing applications for permits from or approvals of governmental authorities having jtirisdictI6'n,t6 review or app�111'ov�e.,the final design of the Project; assist Owner in consultations with such authorities; ah&r6vtse� the Drawings and Speclfjcations in response to directives from such authorities. j neer. Final Opinion of Probable Construction Cost -hitectural, -d revisions. I program 5. Prepare and furnish Bidding Documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Owner shall submit to Engineer any comments and, subject to the provisions of paragraph 6.0 LG, instructions for revisions. 6. Revise the Bidding Documents in accordance with comments and instructions from the Owner, as appropriate, and submit final electronic PDF copies of the Bidding Documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner. Exhibit K — Amendment to Owner -Engineer Agreement Agreement Between Owner and Engineer for Professional Services Page 2 B. Engineer's services under the Final Design Phase will be considered complete on the date when the submittals required by paragraph A1.03.A.6 and A1.03.E have been delivered to Owner. C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast -tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer's services during the Final Design, Bidding or Negotiating, Construction, and Post - Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime contracts for Work designed or compensation has been established under this Agreement is one. If entitled to an equitable increase in its compensation under this Agreem E. Perform or provide the additional scope items related to Beyond (133) Program, which has been determined by MPCA • B3 Coordination and Management o SB2030 Energy Criteria (WWTf o General B3 Guideline Project Req • B3 Documentation via B3 Online Tracking • B3 Building Energy Model • B3 Renewable Energy Coordination • B3 "Design Commissioning" Req'111 E6 gent • B3 clarifications and exemptions B,3 r'elate practical for overall accounting of the iuc guarantee that the project will achieVe,B3 decisions and ongoffig re�poi ing. Thelei; s model wilfitiateh the albl ial energy coir;` weather conditions, buildit � construction energy moaer cervices anticipated SRF1loan. A rs'dtraipated. A1.04 A. After acodptance by Owner determined in theitiat Design Phase, 1. Assist bwiier in adve: a record of prospective',';bid'ers deposits or charges for the B,iddi Issue Addenda as also this task willl',be c consulting is,a Engineer upon which the Engineer's contracts are awarded, Engineer shall be U, Minnesota's Buildings, Benchmarks, and rementi.gf this project to secure an SRF loan: vices wiftlbe4racked as a separate task to the extent atgl additions l+dffort due to this requirement. There is no fication, which list dependent on the overall building design no,� g},ar'gntee that Jl $4'lenergy costs indicated in the energy *9 perfirm ncc is contingent on Owner operation, other external 11 factors outside of the prediction of the considered complete when the project has qualified for the lso excluded as a "variance" fi-om the B3 acoustic standards All Bidding Documents and the most recent opinion of probable Construction Cost as zpon written authorization by Owner to proceed, Engineer shall: rising for and obtaining bids or proposals for the Work and, where applicable, maintain to whoin Bidding Documents have been issued and receive and process contractor to clarify, correct, or change the Bidding Documents. 3. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. 4. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the Bidding Documents. 5. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: host electronic bidding documents on Engineer's Quest CDN webpage. Exhibit K — Amendment to Owner -Engineer Agreement Agreement Between Owner and Engineer for Professional Services Page 3 6. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. Additional bid advertisement is anticipated to be via the Owner's webpage. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). Article 2 of Exhibit C of the Agreement is amended and supplemented to include the following agreement of the parties: i Delete Parts C2.0 IA. I c through d and replace with the following: c. Final Design Phase Final Design B3 Coordination d. Bidding/Negotiation Phase Agreement Summary I � J i ;1, �. (,� Original agreement amount: I� i! X272; 00 Net change for prior amendments': `l' '1 "i This amendment amount: �i;r', �, $1 08,200 �I Adjusted Agreement amount: $1,296,j6o Change in time fdr�§efvices (days or date, asa�p�cab e): ConClust'on of the Bidding and Recommendation of Award l w'mch is anticap'ated to be Feb'r Lary 29, 2020. it The foregoing; grecnle t; $-ummary is Flo#' reference only: ands does not alter the terms of the Agreement, including those set fott� 1n Exl 'bit C. i,,, ,� it , , j,, Owner and Engineer hereby agree to modify the ,above -referenced Agreement as set forth in this Amendment. All provisions of the Ag'�dement not modMed by this'o iprevious Amendments remain in effect. . OWNER: ', ;, ENGINEER: ,i I ; By: By: Print Print name: name: Title: Title: Date Signed: Date Signed: Exhibit K — Amendment to Owner -Engineer Agreement Agreement Between Owner and Engineer for Professional Services Page 4