ITEM 5.1 Design Contract West WWTF Liquid Treatment Phase 1 projecteI;zlio
0tsc e, o
MINNESOTA
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Utilities
Utility Manager Neidermeier
November 9, 2020
PRESENTER(s)
REVIEWED BY:
ITEM #:
AE2S, Scott Schaefer
Utility Manager Neidermeier
City Administrator/Finance Director Flaherty
City Attorney Kendall
5.1
STRATEGIC VISION
MEETS:
THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
X
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City Staff is recommending City Council approval of Design Contract for West WWTF Liquid Treatment
Phase 1 (Project).
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUND/JUSTIFICATION:
Residential development continues throughout Otsego and specifically within the West Wastewater
Treatment Facility service area. As of mid -October 2020, the West WWTF included 3,091 platted and 2,676
permitted RECs. The West WWTF expansion initiation trigger was 2,402 RECs with a goal of being
operational at or before 3,302 RECs considering the current treatment capacity of 3,428 RECs.
The project is anticipated to require over a year of design and two construction seasons with targeted
operational completion at the end of 2023. This target schedule for operational completion accommodates
an average of 209 RECs/year over the next three years. For context, the West WWTF service area added
245 platted RECs in 2020 through mid -October.
The project scope, associated design and bidding phase professional services scope/fee were discussed at
the September and October meetings of the Public Works Subcommittee.
The project scope generally includes the improvements of the "West Liquids Phase 1 (WL1)" project
described in the Otsego Wastewater Master Plan (February 2018). The master plan conceptual plan will be
further developed and refined through preliminary design and drawings and specifications will be prepared
as part of final design phase services. Additionally, the administration building previously identified in the
"West Liquids Phase 2 (WL2)" project is included in this current scope. The project is anticipated to include
the following components:
• Lift Station No. 3 Upgrade / Capacity Expansion:
• Existing Preliminary Treatment Building Capacity Expansion
• New Fine Screening Building
• Odor Control
• New Membrane Bio-Reactor Tanks and Building (core capacity expansion)
• UV Disinfection Capacity Expansion
• New Effluent Aeration System
• Reuse Water System
• Civil/Site/Stormwater improvements
• Related electrical, controls, structural, HVAC, and plumbing
• Administration Building, Shop, Garage Space
o Needs analysis and corresponding water/wastewater staffing plan through 2030
• Miscellaneous Related Tasks
o Wastewater flow/load/phasing confirmation
o Discharge permit negotiation
o Funding coordination
o West WWTF Biosolids Alternatives review for future construction impacts to site layout
(unloading pipeline / west driveway / independent option)
o TWAS hauling — contact vs self -perform analysis
• 30%/60%/90%/Final Design Milestones and Bidding
The City Attorney has reviewed and recommended the contract terms and conditions.
SUPPORTING DOCUMENTS ATTACHED:
• Presentation Slides
• Scope of Services
• Agreement for Professional Services
POi4GIRI F MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve Professional Services Agreement between the City of Otsego and Advanced Engineering
and Environmental Services, Inc. (AE2S) for West WWTF Liquid Treatment Phase 1 (Project) in the amount
of $2,291,000.
RIInr.FT INFORMATION
------ ---- ------ FUNDING: BUDGETED:
BUDGETED:
Fund 602 — Sanitary Sewer Utility Yes
• Project Elements
— Influent Lift Station
— Pretreatment Expansion
— Conversion to Membrane Bio-Reactor (MBR)
• Process tanks
• Process building
— Disinfection and Effluent Aeration
— Odor Control
— Reuse Water (on -site)
— Administration/Garage/Shop Space
— Supporting Electrical/Controls/Civil/Structural
• Evaluate Future Biosolids Hauling
— Contract vs Self -Perform Hauling
— West Entrance Road
— "Remote" fill station
— Independent West WWTF Biosolids option
• B3
• Needs assessment / W/WW staffing plan to 2030
OA
° Potential Schedule
— Scope Negotiations
—Coninact/NtP
— Preliminary Design
— M8RPn8-ProcurerneDt
— 6096 Design
— 40% Design
— Final O8SigD
— Bidding
— Construction Initiation
— Substantial Completion
— Final Completion
August/S8ot/O[i2OZO
November 3020
]3DU3rV-UDe 2021
April7O2I
]UlV-NOV800be[2O21
Nov'21-F8b'22
March-4p[iy22
May 2022
June 2022
NOV8Dlb8[2O23
Dec8rnber2O23
3
$1,402,000
$1,247,000
$300,000
$1,404,000
$348,000
$9,325,000
$271,631
$546,000
$1,650,000
$312,592
$2,311,000
$1,232,000
$1,078,000
$21,427,223
$2,678,000
$1,607,000
$25,712,223
$4,371,000
$30,080000
City of Otsego - West Liquids Phase I Project
Preliminary Design, Final Design, and Bidding Scope of Services
November 15, 2020
Introduction:
The project scope generally includes the improvements of the "West Liquids Phase 1 (WL1)" project
described in the Otsego Wastewater Master Plan (February 2018) with an average wet weather flow
capacity of 1.75 MGD (currently 0.66 MGD). The master plan conceptual plan will be further developed
and refined through preliminary design and drawings and specifications will be prepared as part of final
design phase services. Additionally, the administration building previously identified in the "West Liquids
Phase 2 (WL2)" project is included in this current scope. The project is anticipated to include the following
components:
• Lift Station No. 3 Upgrade / Capacity Expansion:
o New Submersible Pumps.
o New Electrical and Controls.
• Existing Preliminary Treatment Building (PTB):
o New Coarse Screening Equipment
o New Vortex Grit Unit, Pump, and Classifier (i.e. improve dewatering of screenings)
o Note that there is potential for the PTB function/processes to be consolidated in Phase 1
instead of Phase 2 as previously planned
• New Fine Screening Building:
o 2 mm Fine Screens and Conveyance equipment
o Odor Control
o Evaluate the potential for a Jet -Vac off-loading area (internal city use only, not intended
for external septic / hauled waste)
• New Secondary Biological Treatment:
o Anaerobic Zone
o Anoxic Zone
o Aeration Zone
o Post Anoxic Zone
o MBR Tanks
o Enhanced Nutrient Removal Recycle
• New MBR Equipment Building:
o Mixed Liquor Recycle and Waste Sludge Pumping
o Permeate Pumping
o MBR Blowers
o MBR Backpulse System
o Secondary Treatment Aeration Blowers
Otsego West Liquids Phase I Design and Bidding Phase Services
o Chemical Addition Systems
o Membrane Cleaning Systems
o Air Compressor System
• UV Disinfection:
o New UV Equipment in Existing Building
• New Effluent Aeration Tank and Building:
o Effluent Aeration Tank and Diffusers
o Effluent Aeration Blowers
o Note that existing oxidation ditch tank(s) will be evaluated for use as effluent aeration
tanks and effluent aeration blowers may be located in the MBR building
• Reuse Water System
o Booster pumping system
o Disinfectant residual feed
o Piping systems
• Electrical Improvements
o Power Feed Capacity
o Emergency Power
o Solar (evaluation only, incorporate provisions for future/separate solar installation)
• Controls
o System architecture for new and existing controls
• Site improvements
o Civil
■ Landscape Improvements (Bee Lawn or Native Grass Mix)
■ West driveway (Evaluation only; site layout considerations; driveway evaluation
by others)
• Intent is to make the decision regarding the driveway vs pipeline;
neither would be constructed with this project, but the site layout will
be configured based upon the decision
• Determine timing/trigger for initiating west driveway/pipeline (assumes
REC-based trigger)
■ Access Control (Automated Gate)
■ Yard Piping
o Stormwater Improvements
■ Goal of obtaining/ maintaining "no exposure" designation
o Electrical
o Gas
• Related electrical, controls, structural, HVAC, and plumbing
• WL2, non -process portion
o Administration Building
■ Offices, workstations, computers
■ Lunchroom area
Otsego West Liquids Phase I Design and Bidding Phase Services
■ Training room
■ Lockers
o Shop
■ Evaluate location / co -location within other buildings (i.e. within MBR Process
Building)
■ Size/need
o Garage Space
■ Vehicle parking for a tanker truck plus additional trucks and equipment
(assumed to be the same or larger than the East WWTF general purpose garage)
o Needs analysis and corresponding staffing phasing (20-year level vs buildout)
■ Scope currently assumes build -out
■ Annualized combined Water and Wastewater Utilities Staffing Plan through
2030
o Note: existing Control Building open space will be further "filled" with additional
controls and electrical gear
Scope of Services:
Preliminary Design
• NPDES Permitting (assumes salty discharge / chloride variance submittal and associated
environmental assessment worksheet for WL1 expansion)
• Funding Coordination (State Revolving Fund)
• Review Influent Flows and Loads (2020 Lift Station Master Plan Coordination) to
confirm/coordinate design target capacity
• Lift Station No. 3 Capacity Analysis
• Biosolids Handling Approach (future site consideration)
o West WWTF Independent biosolids option
■ Master Plan level alternative for independent dewatering and lime
stabilization
■ Compare to current infrastructure basis with Biosolids Building
o Entrance Road Alternatives Evaluation (New Road vs Remote TWAS Pumping/Fill
Station)
o Evaluate and recommend approach for hauling of TWAS (contract vs self -
performed) as well as tanker size and phasing
o Evaluate near term TWAS loadout approach (i.e. indoor TWAS tanker loading
• Administration, Shop and Garage Phasing and Needs Analysis, Planning, and Preliminary
Design
o Water/Wastewater Staffing Plan through 2030
• Preliminary Treatment Phasing/Redundancy Considerations
• Odor Control Evaluation (Biofilter vs GAC)
• Secondary Biological Treatment Train Sizing Evaluation
• MBR Equipment Pre -Procurement
o Two site visits to MBR facilities
• Preliminary Design Review Workshop
Otsego West Liquids Phase I Design and Bidding Phase Services
o Design Review
o Preliminary Opinion of Probable Cost
• Documentation
o 30-percent Design Deliverables
■ Basis of Design
■ Unit Process and Equipment Sizing
■ Process and Instrumentation Diagrams
■ Conceptual Site and Building Layouts
o Subcommittee Presentation
■ Biosolids Option
■ Preliminary Design
Final Design
• 60-percent and 90-percent design review workshops
o Design Review (can use 3D facility models)
o Updated Opinions of Probable Cost
• MPCA Coordination
• B3 Requirements
• 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
• Advertisement of Bidding on City Website and AE2S' QuestCDN
• Issue Addenda
• Schedule and Lead Pre -Bid Meeting
• Attend Bid Opening
• Prepare Award Recommendation
• Council Presentation of Award Recommendation
Construction and Post -Construction Phases
• Reserved for future use
Project Basis and Assumptions:
• Geotechnical investigation will be coordinated by AE2S but conducted by others.
• Updated site survey will be coordinated by AE2S but conducted by others (City Engineer).
• Project delivery method will be traditional design -bid -build.
• Project will require NPDES permit modification and environmental assessment worksheet (EAW)
for liquid treatment capacity increase. Salty discharge / chloride permit variance application is
assumed. EAW "inside the fence" is assumed, i.e. entrance road not part of the current
construction phase.
Otsego West Liquids Phase I Design and Bidding Phase Services
• New buildings will be designed in Revit (3D). Retrofit buildings will be in either 2D CAD or Revit
depending on the extent of modifications.
• Project will trigger B3 requirements (aggregate building square footage over 10,000 sf)
• No expansion of laboratory facilities
Project Schedule:
The following is a projected project schedule:
•
Scope Negotiations
August/Sept/Oct 2020
•
Contract/Notice to Proceed
November 2020
•
Preliminary Design
January -June 2021
•
MBR Pre -Procurement
April 2021
•
60% Design
July -November 2021
•
90% Design
November 2021— February 2022
•
Final Design
March -April 2022
•
Bidding
May 2022
•
Construction Initiation
June 2022
•
Substantial Completion
November 2023
•
Final Completion
December 2023
Note: Schedule assumes that meetings/workshops will be virtual, as needed, due to ongoing COVID-19
guidance and requirements but that COVID-19 has minimal impact on the overall design schedule.
Professional Services Fees:
Preliminary Design
$584,000
Final Design
$1,507,000
B3
$91,000
Bidding
$109,000
CA/RPR, Post -Construction
Reserved for Future
Total
$2,291,000
Otsego West Liquids Phase I Design and Bidding Phase Services
AGREEMENT
BETWEEN OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of
November 9
2020
("Effective Date") between
City of Otsego, Minnesota ("Owner") and
Advanced Engineering and Environmental Services, INC (AE2S) (`Engineer").
Owner intends to implement the West Wastewater Treatment Facility Liquid Phase I and portions of Phase II as
described in the 2018 Wastewater Master Plan and further described in Exhibit A.
Owner and Engineer agree as follows:
ARTICLE i - SERVICES OF ENGINEER
1.01 Scope
A. Engineer shall provide, or cause to be provided,
the services set forth herein and in Exhibit A.
ARTICLE 2 - OWNER'S RESPONSIBILITIES
2.01 General
A. Owner shall have the responsibilities set forth
herein and in Exhibit B.
B. Owner shall pay Engineer as set forth in
Exhibit C.
C. Owner shall be responsible for, and Engineer
may rely upon, the accuracy and completeness of all
requirements, programs, instructions, reports, data, and
other information fiirnished by Owner to Engineer
pursuant to this Agreement. Engineer may use such
requirements, programs, instructions, reports, data, and
information in performing or furnishing services under this
Agreement.
ARTICLE 3 - SCHEDULE FOR RENDERING
SERVICES
3.01 Commencement
("Project").
3.02 Time for Completion
A. Engineer shall complete its obligations within
a reasonable time. Specific periods of time for rendering
services are set forth or specific dates by which services
are to be completed are provided in Exhibit A, and are
hereby agreed to be reasonable.
B. If, through no fault of Engineer, such periods of
time or dates are changed, or the orderly and continuous
progress of Engineer's services is impaired, or Engineer's
services are delayed or suspended, then the time for
completion of Engineer's services, and the rates and
amounts of Engineer's compensation, shall be adjusted
equitably.
C. If Owner authorizes changes in the scope,
extent, or character of the Project, then the time for
completion of Engineer's services, and the rates and
amounts of Engineer's compensation, shall be adjusted
equitably.
D. Owner shall make decisions and carry out its
other responsibilities in a timely manner so as not to delay
the Engineer's performance of its services.
E. If Engineer fails, through its own fault, to
complete the performance required in this Agreement
within the time set forth, as duly adjusted, then Owner
shall be entitled to the recovery of direct damages resulting
from such failure.
ARTICLE 4 - INVOICES AND PAYMENTS
A. Engineer shall begin rendering services as of the
Effective Date of the Agreement. 4.01 Invoices
Pagel of 9
Agreement Between Owner and Engineer for Professional Services
A. Preparation and Submittal of Invoices.
Engineer shall prepare invoices in accordance with its
standard invoicing practices and the terms of Exhibit C.
Engineer shall submit its invoices to Owner on a monthly
basis. Invoices are due and payable within 30 days of
receipt.
4.02 Payments
A. Obligation to Pay. Except as noted in paragraph
D., Owner's obligation to pay for our services under this
Agreement is not contingent on Owner's ability to obtain
financing, governmental or regulatory agency approval,
permits, final adjudication of lawsuit in which Engineer is
not involved, Owner's successful completion of a project,
or any other event. No retainage will be withheld.
B. Application to Interest and Principal. Payment
will be credited first to any interest owed to Engineer and
then to principal.
C. Failure to Pay. If Owner fails to make any
payment due Engineer for services and expenses within 30
days after receipt of Engineer's invoice, then:
1. Amounts due Engineer will be increased at
the rate of 1.0% per month (or the maximum rate of
interest permitted by law, if less) from said thirtieth
day; and
2. Engineer may, after giving seven days'
written notice to Owner, suspend services under this
Agreement until Owner has paid in full all amounts
due for services, expenses, and other related charges.
Owner waives any and all claims against Engineer for
any such suspension provided that the Engineer's
basis for providing the notice has a good -faith basis.
D. Disputed Invoices. If Owner contests an
invoice, Owner may withhold only that portion so
contested, and must pay the undisputed portion.
E. Legislative Actions. If after the Effective Date
of the Agreement any governmental entity takes a
legislative action that imposes taxes, fees, or charges on
Engineer's services or compensation under this
Agreement, then the Engineer may invoice such new taxes,
fees, or charges as a Reimbursable Expense to which a
factor of 1.0 shall be applied. Owner shall pay such
invoiced new taxes, fees, and charges; such payment shall
be in addition to the compensation to which Engineer is
entitled under the terms of Exhibit C.
F. Legal Actions. Owner agrees to compensate
Engineer as set forthin Exhibit C, if Engineer is asked or
required to respond to legal process arising out of a
proceeding related to the Project and as to which Engineer
is not a party.
ARTICLE 5 - OPINIONS OF COST
5.01 Opinions of Probable Construction Cost
A. Engineer's opinions of probable Construction
Cost are to be made on the basis of Engineer's experience
and qualifications and represent Engineer's best judgment
as an experienced and qualified professional generally
familiar with the construction industry. However, since
Engineer has no control over the cost of labor, materials,
equipment, or services furnished by others, or over
contractors' methods of determining prices, or over
competitive bidding or market conditions, Engineer cannot
and does not guarantee that proposals, bids, or actual
Construction Cost will not vary from opinions of probable
Construction Cost prepared by Engineer. If Owner wishes
greater assurance as to probable Construction Cost, Owner
shall employ an independent cost estimator as provided in
Exhibit B.
5.02 Designing to Construction Cost Limit
A. Not Used.
5.03 Opinions of Total Project Costs
A. The services, if any, of Engineer with respect to
Total Project Costs shall be limited to assisting the Owner
in collating the various cost categories which comprise
Total Project Costs. Engineer assumes no responsibility
for the accuracy of any opinions of Total Project Costs.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.01 Standards of Performance
A. The standard of care for all professional
engineering and related services performed or furnished by
Engineer under this Agreement will be the care and skill
ordinarily used by members of the subject profession
practicing under similar circumstances at the same time
and in the same locality. Engineer makes no warranties,
express or implied, under this Agreement or otherwise, in
connection with Engineer's services.
B. Owner shall not be responsible for discovering
deficiencies in the technical accuracy of Engineer's
services. Engineer shall correct any such deficiencies in
technical accuracy without additional compensation except
to the extent such corrective action is directly attributable
to deficiencies in Owner -furnished information.
C. Engineer may employ such Consultants as
Engineer deems necessary to assist in the performance or
furnishing of the services, subject to reasonable, timely,
and substantive objections by Owner.
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Agreement Between Owner and Engineer for Professional Services
D. Subject to the standard of care set forth in
paragraph 6.0l.A, Engineer and its Consultants may use or
rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited
to, specialty contractors, manufacturers, suppliers, and the
publishers of technical standards.
E. Engineer and Owner shall comply with
applicable Laws and Regulations and Owner -mandated
standards that Owner has provided to Engineer in writing.
This Agreement is based on these requirements as of its
Effective Date. Changes to these requirements after the
Effective Date of this Agreement may be the basis for
modifications to Owner's responsibilities or to Engineer's
scope of services, times of performance, and
compensation.
G. Engineer shall not be required to sign any
documents, no matter by whom requested, that would
result in the Engineer having to certify, guarantee, or
warrant the existence of conditions whose existence the
Engineer cannot ascertain. Owner agrees not to make
resolution of any dispute with the Engineer or payment of
any amount due to the Engineer in any way contingent
upon the Engineer signing any such documents.
H. The General Conditions for any construction
contract documents prepared hereunder are to be the
"Standard General Conditions of the Construction
Contract" as prepared by the Engineers Joint Contract
Documents Committee (No. C-700, 2002 Edition) unless
both parties mutually agree to use other General
Conditions by specific reference in Exhibit J.
I. Engineer shall not at any time supervise, direct,
or have control over Contractor's work, nor shall Engineer
have authority over or responsibility for the means,
methods, techniques, sequences, or procedures of
construction selected or used by Contractor, for security or
safety at the Site, for safety precautions and programs
incident to the Contractor's work in progress, nor for any
failure of Contractor to comply with Laws and Regulations
applicable to Contractor's furnishing and performing the
Work.
J. Engineer neither guarantees the performance of
any contractor nor assumes responsibility for any
contractor's failure to furnish and perform the Work in
accordance with the Contract Documents.
K. Engineer 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 Engineer's own employees and its Consultants) at
the Site or otherwise furnishing or performing any Work;
or for any decision made on interpretations or clarifications
of the Contract Documents given by Owner without
consultation and advice of Engineer.
6.02 Design without Construction Phase Services
A. If Engineer's Basic Services under this
Agreement do not include Project observation, or review of
the Contractor's performance, or any other Construction
Phase services, then (1) Engineer's services under this
Agreement shall be deemed complete no later than the end
of the Bidding or Negotiating Phase; (2) Engineer shall
have no design or shop drawing review obligations during
construction; (3) Owner assumes all responsibility for the
application and interpretation of the Contract Documents,
contract administration, construction observation and
review, and all other necessary Construction Phase
engineering and professional services; and (4) Owner
waives any claims against the Engineer that may be
connected in any way thereto.
6.03 Use of Documents
A. All completed Documents are the property of
the Owner. Owner grants Engineer a royalty -free, non-
exclusive, irrevocable, and perpetual license regarding
such Documents, whether or not the Project is completed.
Owner shall not rely in any way on any Document unless it
is in printed form, signed or sealed by the Engineer or one
of its Consultants.
B. A party may rely that data or information set
forth on paper (also known as hard copies) that the party
receives from the other party by mail, hand delivery, or
facsimile, are the items that the other party intended to
send. Files in electronic media format of text, data,
graphics, or other types that are furnished by one party to
the other are furnished only for convenience, not reliance
by the receiving party. Any conclusion or information
obtained or derived from such electronic files will be at the
user's sole risk. If there is a discrepancy between the
electronic files and the hard copies, the hard copies govern.
C. 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 transmittal errors detected
within the 60-day acceptance period will be corrected by
the party delivering the electronic files.
D. When transferring documents in electronic
media format, the transferring party makes no
representations as to long term compatibility, usability, or
readability of such documents resulting from the use of
software application packages, operating systems, or
computer hardware differing from those used by the
documents' creator.
E. Owner acknowledges: (1) that Documents are
not intended or represented to be suitable for use on the
Project unless completed by Engineer, or for use or reuse
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Agreement Between Owner and Engineer for Professional Services
by Owner or others on extensions of the Project or on any
other project without written verification or adaptation by
Engineer; (2) any such use or reuse, or any modification of
the Documents, without written verification, completion,
or adaptation by Engineer, as appropriate for the specific
purpose intended, will be at Owner's sole risk and without
liability or legal exposure to Engineer or to Engineer's
Consultants; and (3) Owner shall indemnify and hold
harmless Engineer and Engineer's Consultants from all
claims, damages, losses, and expenses, including attorneys'
fees, arising out of or resulting from any use, reuse, or
modification without written verification, completion, or
adaptation by Engineer.
F. If Engineer at Owner's request verifies or adapts
the Documents for extensions of the Project or for any
other project, then Owner shall compensate Engineer at
rates or in an amount to be agreed upon by Owner and
Engineer.
6.04 Insurance
A. Engineer shall procure and maintain insurance
as set forth in Exhibit G, "Insurance." Engineer shall cause
Owner to be listed as an additional insured on any
applicable general liability insurance policy carried by
Engineer.
B. Owner shall cause Engineer and Engineer's
Consultants to be listed as additional insureds on any
general liability or property insurance policies carried by
Owner which are applicable to the Project.
C. Owner shall require Contractor to purchase and
maintain general liability and other insurance in
accordance with the requirements of paragraph 5.04 of the
"Standard General Conditions of the Construction
Contract," (No. C-700, 2002 Edition) as prepared by the
Engineers Joint Contract Documents Committee and to
cause Engineer and Engineer's Consultants to be listed as
additional insureds with respect to such liability and other
insurance purchased and maintained by Contractor for the
Project.
D. Owner and Engineer shall each deliver to the
other certificates of insurance evidencing the coverages
indicated in Exhibit G. Such certificates shall be furnished
prior to commencement of Engineer's services and at
renewals thereafter during the life of the Agreement.
E. Not used.
F. At any time, Owner may request that Engineer
or its Consultants, at Owner's sole expense, provide
additional insurance coverage, increased limits, or revised
deductibles that are more protective than those specified in
Exhibit G. If so requested by Owner, and if commercially
available, Engineer shall obtain and shall require its
Consultants to obtain such additional insurance coverage,
different limits, or revised deductibles for such periods of
time as requested by Owner, and Exhibit G will be
supplemented to incorporate these requirements.
6.05 Suspension and Termination
A. Suspension.
By Owner: Owner may suspend the Project upon
seven days' written notice to Engineer.
By Engineer: If Engineer's set -vices are substantially
delayed through no fault of Engineer, Engineer may, after
giving seven days written notice to Owner, suspend
services under this Agreement.
B. Termination. The obligation to provide further
services under this Agreement may be terminated:
For cause,
a. By either party upon 30 days' written
notice in the event of substantial failure by the
other party to perform in accordance with the
terms hereof through no fault of the terminating
party.
By Engineer:
1) upon seven days' written notice
if Owner demands that Engineer furnish or
perform set -vices contrary to Engineer's
responsibilities as a licensed professional;
or
2) upon seven days' written notice
if the Engineer's services for the Project
are delayed or suspended for more than 90
days for reasons beyond Engineer's
control.
3) Engineer shall have no liability
to Owner on account of such termination if
said termination is undertaken in good
faith.
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Agreement Between Owner and Engineer for Professional Services
C. Notwithstanding the foregoing, this
Agreement will not terminate under
paragraph 6.05.B.1.a if the party receiving such
notice begins, within seven days of receipt of
such notice, to correct its substantial failure to
perform and proceeds diligently to cure such
failure within no more than 30 days of receipt
thereof; provided, however, that if and to the
extent such substantial failure cannot be
reasonably cured within such 30 day period, and
if such party has diligently attempted to cure the
same and thereafter continues diligently to cure
the same, then the cure period provided for
herein shall extend up to, but in no case more
than, 60 days after the date of receipt of the
notice.
For convenience,
a. By Owner effective upon Engineer's
receipt of notice from Owner.
C. Effective Date of Termination. The terminating
party under paragraph 6.05.13 may set the effective date of
termination at a time up to 30 days later than otherwise
provided to allow Engineer to demobilize personnel and
equipment from the Site, to complete tasks whose value
would otherwise be lost, to prepare notes as to the status of
completed and uncompleted tasks, and to assemble Project
materials in orderly files.
D. Payments Upon Termination.
1. In the event of any termination under
paragraph 6.05, Engineer will be entitled to invoice
Owner and to receive full payment for all services
performed or furnished and all Reimbursable
Expenses incurred through the effective date of
termination. Upon making such payment, ownership
of the Documents shall transfer to the Owner, subject
to the provisions of paragraph 6.03.E.
2. In the event of termination by Owner for
convenience or by Engineer for cause, Engineer shall
be entitled, in addition to invoicing for those items
identified in paragraph 6.05.D.1, to invoice Owner
and to payment of a reasonable amount for services
and expenses directly attributable to termination, both
before and after the effective date of termination,
such as reassignment of personnel, costs of
terminating contracts with Engineer's Consultants,
and other related close-out costs, using methods and
rates for Additional Services as set forth in Exhibit C.
6.06 Controlling Law
A. This Agreement is to be governed by the law of
the State of Minnesota without regard to conflict of law
principles.
6.07 Successors, Assigns, and Beneficiaries
A. Owner and Engineer each is hereby bound and
the partners, successors, executors, administrators and
legal representatives of Owner and Engineer (and to the
extent permitted by paragraph 6.07.13 the assigns of Owner
and Engineer) are hereby bound to the other party to this
Agreement and to the partners, successors, executors,
administrators and legal representatives (and said assigns)
of such other party, in respect of all covenants, agreements,
and obligations of this Agreement.
B. Neither Owner nor Engineer may assign, sublet,
or transfer any rights under or interest (including, but
without limitation, moneys that are due or may become
due) in this Agreement without the written consent of the
other, except to the extent that any assignment, subletting,
or transfer is mandated or restricted by law. Unless
specifically stated to the contrary in any written consent to
an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this
Agreement.
C. Unless expressly provided otherwise in this
Agreement:
1. Nothing in this Agreement shall be
construed to create, impose, or give rise to any duty
owed by Owner or Engineer to any Contractor,
Contractor's subcontractor, supplier, other individual
or entity, or to any surety for or employee of any of
them.
2. All duties and responsibilities undertaken
pursuant to this Agreement will be for the sole and
exclusive benefit of Owner and Engineer and not for
the benefit of any other party.
3. Owner agrees that the substance of the
provisions of this paragraph 6.07.0 shall appear in the
Contract Documents.
6.08 Dispute Resolution
A. Owner and Engineer agree to negotiate all
disputes between them in good faith for a period of 30 days
from the date of notice prior to exercising their rights under
law.
6.09 Environmental Condition of Site
A. Owner has disclosed to Engineer in writing the
existence of all known and suspected Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material,
hazardous substances, and other Constituents of Concern
located at or near the Site, including type, quantity, and
location.
Page 5 of 9
Agreement Between Owner and Engineer for Professional Services
B. Owner represents to Engineer that to the best of
its knowledge no Constituents of Concern, other than those
disclosed in writing to Engineer, exist at the Site.
C. If Engineer encounters an undisclosed
Constituent of Concern, then Engineer shall notify
(1) Owner and (2) appropriate governmental officials if
Engineer reasonably concludes that doing so is required by
applicable Laws or Regulations.
D. It is acknowledged by both parties that
Engineer's scope of services does not include any services
related to Constituents of Concern. If Engineer or any
other party encounters an undisclosed Constituent of
Concern, or if investigative or remedial action, or other
professional services, are necessary with respect to
disclosed or undisclosed Constituents of Concern, then
Engineer may, at its option, suspend performance of
services on the portion of the Project affected thereby until
Owner: (1) retains appropriate specialist consultant(s) or
contractor(s) to identify and, as appropriate, abate,
remediate, or remove the Constituents of Concern; and (2)
warrants that the Site is in full compliance with applicable
Laws and Regulations.
E. If the presence at the Site of undisclosed
Constituents of Concern adversely affects the performance
of Engineer's services under this Agreement, then the
Engineer shall have the option of (1) accepting an
equitable adjustment in its compensation or in the time of
completion, or both; or (2) terminating this Agreement for
cause on 30 days notice.
F. Owner acknowledges that Engineer is
performing professional services for Owner and that
Engineer 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
(CERCLA), as amended, which are or may be encountered
at or near the Site in connection with Engineer's activities
under this Agreement.
6.10 Indemnification
A. Indemnification by Engineer. To the fullest
extent permitted by law, Engineer shall indemnify and hold
harmless Owner, and Owner's officers, directors, partners,
agents, consultants, and employees from and against any
and all costs, losses, and damages (including but not
limited to all 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 Engineer or Engineer's
officers, directors, partners, employees, or Consultants.
B. Intentionally omitted.
C. Intentionally omitted.
D. Percentage Share of Negligence. To the fullest
extent permitted by law, a party's total liability to the
other party and anyone claiming by, through, or under the
other party for any cost, loss, or damages caused in part by
the negligence of the party and in part by the negligence of
the other party or any other negligent entity or individual,
shall not exceed the percentage share that the party's
negligence bears to the total negligence of Owner,
Engineer, and all other negligent entities and individuals.
E. Patent Infringement. Engineer shall indemnify
and hold harmless Owner, and Owner's officers, directors,
partners, agents, consultants, and employees from and
against any and all costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals, and all court,
arbitration, or other dispute resolution costs) arising out of
to Engineer's infringement of any third patty's patent
rights relating to Engineer's services on the Project.
6.11 Miscellaneous Provisions
A. Notices. Any notice required under this
Agreement will be in writing, addressed to the appropriate
party at its address on the signature page and given
personally, by facsimile, by registered or certified mail
postage prepaid, or by a commercial courier service. All
notices shall be effective upon the date of receipt.
B. Survival. All express representations, waivers,
indemnifications, and limitations of liability included in
this Agreement will survive its completion or termination
for any reason.
C. Severability. 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 Owner and Engineer, 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.
D. Waiver. A patty's non -enforcement of any
provision shall not constitute a waiver of that provision,
nor shall it affect the enforceability of that provision or of
the remainder of this Agreement.
E. Not used.
F. Executed in Counterparts. This Agreement
may be executed in counterparts, each of which together
will constitute one and the same instrument. Delivery of
an executed counterpart of this Agreement shall constitute
Page 6 of 9
Agreement Between Owner and Engineer for Professional Services
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.
G. Architect of Record. Architect of Record. JLG
Architects will be the Architect of Record and retains the
rights to photographic and rendered images of the Otsego
Biosolids Facility developed by JLG through the project.
Public presentation of said images can only be used by
express written consent of JLG Architects and with credit
provided on the image to JLG Architects. The images may
be utilized for Project purposes (including meetings and
public presentation) by Owner and Engineers without
express written consent. Neither Owner nor Engineer shall
have any liability for inadvertent or accidental release of
the images or for release if it is required by Minnesota
Chapter 13 governing data practices or any applicable law
or judicial order.
ARTICLE 7 - DEFINITIONS
7.01 Defined Terms
A. Wherever used in this Agreement (including the
Exhibits hereto) terms (including the singular and plural
forms) printed with initial capital letters have the meanings
indicated in the text above or in the exhibits; in the
following provisions; or in the "Standard General
Conditions of the Construction Contract," prepared by the
Engineers Joint Contract Documents Committee
(No. C-700, 2002 Edition):
1. Additional Services --The set -vices to be
performed for or furnished to Owner by Engineer in
accordance with Exhibit A, Part 2, of this Agreement.
2. Basic Services --The services to be
performed for or furnished to Owner by Engineer in
accordance with Exhibit A, Part 1, of this Agreement.
3. Construction Cost --The cost to Owner of
those portions of the entire Project designed or
specified by Engineer. Construction Cost does not
include costs of services of Engineer or other design
professionals and consultants, cost of land, rights -of -
way, or compensation for damages to properties, or
Owner's costs for legal, accounting, insurance
counseling or auditing set -vices, or interest and
financing charges incurred in connection with the
Project, or the cost of other services to be provided by
others to Owner pursuant to Exhibit B of this
Agreement. Construction Cost is one of the items
comprising Total Project Costs.
4. Constituent of Concern --Any substance,
product, waste, or other material of any nature
whatsoever (including, but not limited to, Asbestos,
Petroleum, Radioactive Material, and PCBs) which is
or becomes listed, regulated, or addressed pursuant to
[a] the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. §§9601 et
seq. ("CERCLA"); [b] the Hazardous Materials
Transportation Act, 49 U.S.C. §§1801 et seq.; [c] the
Resource Conservation and Recovery Act, 42 U.S.C.
§§6901 et seq. ("RCRA"); [d] the Toxic Substances
Control Act, 15 U.S.C. §§2601 et seq.; [e] the Clean
Water Act, 33 U.S.C. §§1251 et seq.; [f] the Clean
Air Act, 42 U.S.C. §§7401 et seq.; and [g] any other
federal, state, or local statute, law, rule, regulation,
ordinance, resolution, code, order, or decree
regulating, relating to, or imposing liability or
standards of conduct concerning, any hazardous,
toxic, or dangerous waste, substance, or material.
5. Consultants --Individuals or entities having
a contract with Engineer to furnish services with
respect to this Project as Engineer's independent
professional associates, consultants, subcontractors,
or vendors.
6. Docznnents--Data, reports, Drawings,
Specifications, Record Drawings, and other
deliverables, whether in printed or electronic media
format, provided or furnished in appropriate phases
by Engineer to Owner pursuant to this Agreement.
7. Drawings --That part of the Contract
Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of
the Work to be performed by Contractor. Shop
Drawings are not Drawings as so defined.
8. Laivs and Regulations; Latvs or Regulat-
ions --Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all govern-
mental bodies, agencies, authorities, and courts
having jurisdiction.
9. Reimbursable Expenses --The expenses
incurred directly by Engineer in connection with the
performing or furnishing of Basic and Additional
Set -vices for the Project.
10. Resident Project Representative --The
authorized representative of Engineer, if any,
assigned to assist Engineer at the Site during the
Construction Phase. The Resident Project
Representative will be Engineer's agent or employee
and under Engineer's supervision. As used herein,
the term Resident Project Representative includes any
assistants of Resident Project Representative agreed
to by Owner. The duties and responsibilities of the
Resident Project Representative, if any, are as set
forth in Exhibit D.
Page 7 of 9
Agreement Between Owner and Engineer for Professional Services
11. Specifications --That part of the Contract
Documents consisting of written technical
descriptions of materials, equipment, systems,
standards, and workmanship as applied to the Work
and certain administrative details applicable thereto.
12. Total Project Costs --The sum of the
Construction Cost, allowances for contingencies, and
the total costs of services of Engineer or other design
professionals and consultants, together with such
other Project -related costs that Owner furnishes for
inclusion, including but not limited to cost of land,
rights -of -way, compensation for damages to
properties, Owner's costs for legal, accounting,
insurance counseling and auditing services, interest
and financing charges incurred in connection with the
Project, and the cost of other services to be provided
by others to Owner pursuant to Exhibit B of this
Agreement.
ARTICLE 8 - EXHIBITS AND SPECIAL
PROVISIONS
8.01 Exhibits Included
A. Exhibit A, "Engineer's Services," consisting of
6 pages.
B. Exhibit B, "Owner's Responsibilities,"
consisting of 2 pages.
C. Exhibit C, "Payments to Engineer for Services
and Reimbursable Expenses," consisting of 1 page.
D. Exhibit G, "Insurance," consisting of 1 page.
8.02 Total Agreement
A. This Agreement (consisting of pages 1 to 9
inclusive, together with the exhibits identified above)
constitutes the entire agreement between Owner and
Engineer and supersedes all prior written or oral
understandings. This Agreement may only be amended,
supplemented, modified, or canceled by a duly executed
written instrument based on the format of Exhibit K to this
Agreement.
8.03 Designated Representatives
A. With the execution of this Agreement, Engineer
and Owner shall designate specific individuals to act as
Engineer's and Owner's representatives with respect to the
services to be performed or furnished by Engineer and
responsibilities of Owner under this Agreement. Such
individuals shall have authority to transmit instructions,
receive information, and render decisions relative to the
Project on behalf of each respective party.
8.04 Data Practices.
The Engineer must comply with the Minnesota
Government Data Practices Act, Minnesota Statutes
Chapter 13, as it applies to (1) all data provided by the
Owner pursuant to this Agreement, and (2) all data,
created, collected, received, stored, used, maintained, or
disseminated by the Engineer pursuant to this Agreement.
The Engineer is subject to all the provisions of the
Minnesota Government Data Practices Act, including but
not limited to the civil remedies of Minnesota Statutes
Section 13.08, as if it were a government entity. In the
event the Engineer receives a formal request to release data
pursuant to the Minnesota Government Data Practices Act,
the Engineer must immediately notify the Owner. The
Owner will give the Engineer instructions concerning the
release of the data to the requesting party before the data is
released. Engineer agrees to defend, indemnify, and hold
the Owner, its officials, officers, agents, employees, and
volunteers harmless from any claims resulting from
Engineer's officers', agents', owners', partners'
employees', volunteers', assignees' or subcontractors'
unlawful disclosure and/or use of protected data. The
terms of this section shall survive the cancellation or
termination of this Agreement.
8.05 Pursuant to Minnesota Statute § 471.25, Subdivision
4a, the Engineer must pay any subcontractor within ten
(10) days of the Engineer's receipt of payment from the
Owner for undisputed services provided by the
subcontractor. The Engineer must pay interest of one and
one-half percent (1'/2 %) per month or any part of a month
to subcontractor on any undisputed amount not paid on
time to the subcontractor. The minimum monthly interest
penalty payment for an unpaid balance of $100.00 or more
is $10.00. For an unpaid balance of less than $100.00, the
Engineer shall pay the actual penalty due to the
subcontractor. A subcontractor who prevails in a civil
action to collect interest penalties from the Architect shall
be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
Page 8 of 9
Agreement Between Owner and Engineer for Professional Services
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is
indicated on page 1.
Owner:
By: Jessica Stockamp
Title: Mayor
Date Signed:
ATTEST:
By: Acting City Clerk Bethany Benting
Date signed:
Address for giving notices:
Otsego City Hall
13400 90t" Street NE
Otsego, MN 55330
Designated Representative (see paragraph 8.03.A):
Title:
Phone Number:
Facsimile Number:
E-Mail Address:
Engineer:
By: Grant L. Meyer, P.E.
Title: Chief Executive Officer
Date Signed:
Engineer License or Certificate No.
State of: MN
Address for giving notices:
6901 E Fish Lake Rd, Ste 184
Maple Grove, MN 55369
Designated Representative (see paragraph 8.03.A):
Scott Schaefer, P.E.
Title: Wastewater Practice Leader
Phone Number: 763-248-2929
Facsimile Number: 763-463-5037
E-Mail Address: Scott.Schaeferpa ae2s.com
Page 9 of 9
Agreement Between Owner and Engineer for Professional Sewices
This is EXHIBIT A, consisting of 8 pages, referred to in and part of
the Agreement between Owner and Engineer for Professional
Services dated November 9, 2020.
Eneineer's Set -vices
Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties. Engineer shall
provide Basic and Additional Services as set forth below.
Project Summary
The project scope generally includes the improvements of the "West Liquids Phase 1 (WL1)" project described in the Otsego
Wastewater Master Plan (February 2018) with an average wet weather flow capacity of 1.75 MGD (currently 0.66 MGD).
The master plan conceptual plan will be further developed and refined through preliminary design and drawings and
specifications will be prepared as part of final design phase services. Additionally, the administration building previously
identified in the "West Liquids Phase 2 (WL2)" project is included in this current scope. The project is anticipated to include
the following components:
• Lift Station No. 3 Upgrade / Capacity Expansion:
o New Submersible Pumps.
o New Electrical and Controls.
• Existing Preliminary Treatment Building (PTB):
o New Coarse Screening Equipment
o New Vortex Grit Unit, Pump, and Classifier (i.e. improve dewatering of screenings)
o Note that there is potential for the PTB function/processes to be consolidated in Phase 1 instead of Phase 2
as previously planned
• New Fine Screening Building:
0 2 mm Fine Screens and Conveyance equipment
o Odor Control
o Evaluate the potential for a Jet -Vac off-loading area (internal city use only, not intended for external septic
/ hauled waste)
• New Secondary Biological Treatment:
o Anaerobic Zone
o Anoxic Zone
o Aeration Zone
o Post Anoxic Zone
o MBR Tanks
o Enhanced Nutrient Removal Recycle
• New MBR Equipment Building:
o Mixed Liquor Recycle and Waste Sludge Pumping
o Permeate Pumping
o MBR Blowers
o MBR Backpulse System
o Secondary Treatment Aeration Blowers
o Chernical Addition Systems
o Membrane Cleaning Systems
o Air Compressor System
• UV Disinfection:
o New UV Equipment in Existing Building
• New Effluent Aeration Tank and Building:
o Effluent Aeration Tank and Diffitsers
o Effluent Aeration Blowers
o Note that existing oxidation ditch tank(s) will be evaluated for use as effluent aeration tanks and effluent
aeration blowers may be located in the MBR building
Page 1 of 8 Pages
(Exhibit A — Engineer's Services)
Agreement Between Owner and Engineer for Professional Services
• Reuse Water System
o Booster pumping system
o Disinfectant residual feed
o Piping systems
• Electrical Improvements
0 Power Feed Capacity
o Emergency Power
o Solar (evaluation only, incorporate provisions for future/separate solar installation)
• Controls
0 System architecture for new and existing controls
• Site improvements
o Civil
■ Landscape Improvements (Bee Lawn or Native Grass Mix)
■ West driveway (Evaluation only; site layout considerations; driveway evaluation by others)
• Intent is to make the decision regarding the driveway vs pipeline; neither would be
constructed with this project, but the site layout will be configured based upon the
decision
• Determine timing/trigger for initiating west driveway/pipeline (assumes REC-based
trigger)
■ Access Control (Automated Gate)
■ Yard Piping
o Stormwater Improvements
■ Goal of obtaining/ maintaining "no exposure" designation
o Electrical
0 Gas
• Related electrical, controls, structural, HVAC, and plumbing
• WL2, non -process portion
o Administration Building
■ Offices, workstations, computers
■ Lunchroom area
■ Training room
■ Lockers
o Shop
■ Evaluate location / co -location within other buildings (i.e. within MBR Process Building)
■ Size/need
o Garage Space
■ Vehicle parking for a tanker truck plus additional trucks and equipment (assumed to be the same
or larger than the East WWTF general purpose garage)
o Needs analysis and corresponding staffing phasing (20-year level vs buildout)
■ Scope currently assumes build -out
■ Annualized combined Water and Wastewater Utilities Staffing Plan through 2030
• The following is a projected project schedule:
0 Scope Negotiations August/Sept/Oct 2020
0 Contract/Notice to Proceed November 2020
o Preliminary Design January -June 2021
o MBR Pre -Procurement April 2021
0 60% Design July -November 2021
0 90% Design November 2021— February 2022
o Final Design March -April 2022
o Bidding May 2022
Page 2 of 8 Pages
(Exhibit A — Engineer's Services)
Agreement Behveen Owner and Engineer for Professional Services
o Construction Initiation June 2022
o Substantial Completion November 2023
o Final Completion December 2023
Proiect Basis and Assumptions
• Geotechnical investigation will be coordinated by AE2S but conducted by others.
• Updated site survey will be coordinated by AE2S but conducted by others (City Engineer).
• Project delivery method will be traditional design -bid -build.
• Project will require NPDES permit modification and environmental assessment worksheet (EAW) for liquid
treatment capacity increase. Salty discharge / chloride permit variance application is assumed. EAW "inside the
fence" is assumed, i.e. entrance road not part of the current construction phase.
• New buildings will be designed in Revit (313). Retrofit buildings will be in either 2D CAD or Revit depending on
the extent of modifications.
• Project will trigger B3 requirements (aggregate building square footage over 10,000 sf)
• No expansion of laboratory facilities
PART 1 —BASIC SERVICES
A 1.01 Study and Report Phase
A. Not Used.
A1.02 Preliminary Design Phase
A. Engineer shall:
1. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, and
outline specifications of the Project.
2. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are
necessary and assist Owner in obtaining such reports, data, information, or services.
3. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of
probable Construction Cost.
Perform or provide the following additional Preliminary Design Phase tasks or deliverables:
• Site Visits: MBR Site Visits (two locations)
• NPDES permit renewal
o Chloride variance documentation
o Environmental Assessment Worksheet
• Biosolids Handling Approach (future site consideration)
o West WWTF Independent biosolids option
■ Master Plan level alternative for independent dewatering and lime stabilization
■ Compare to current infrastructure basis with Biosolids Building
o Entrance Road Alternatives Evaluation (New Road vs Remote TWAS Pumping/Fill Station)
o Evaluate and recommend approach for hauling of TWAS (contract vs self -performed) as well as
tanker size and phasing
o Evaluate near term TWAS loadout approach (i.e. indoor TWAS tanker loading)
• Kick-off meeting (process and amenities)
• Geotechnical coordination (geotechnical investigation by others)
• Survey coordination (survey by others)
• Preliminary process design — sizing of units and phasing plan
o Coordinate buildout and phasing capacities with City Engineer and Staff
o Determine 2mm screening location
o Determine existing oxidation ditch repurposing (anaerobic vs post -aeration)
o MBR equipment pre -selection process
Page 3 of 8 Pages
(Exhibit A — Engineer's Services)
Agreement Between Owner and Engineer for Professional Services
• Preliminary odor control analysis (alternatives evaluation/recommendation)
• Preliminary building systems and amenities design basis (structural, occupancy, electrical, safety code
documentation, included amenities, etc)
o Includes Administration, Shop and Garage Phasing and Needs Analysis
o Water/Wastewater annual staffing plan through 2030
• Preliminary site civil design basis, including stormwater criteria and landscaping criteria
• Two process design workshops (operational logistics, staffing, sizing)
• Architectural design and amenities workshop
• Conceptual facility layouts and site layouts
• Funding documentation (SRF scoring submittal)
• MPCA Coordination
• Opinion of cost update (core project and optional items)
o Assist Owner with determining items or coinibinations of items to include in the project for Final
Design
• Documentation
o Preliminary Design Report Development
0 30-percent drawings
0 30-percent Process and Instrumentation Diagrams (primarily process)
o Preliminary B3 Documentation (online portal)
o Public Works Subcommittee Presentation
■ Biosolids Handling Approach
■ Preliminary Design
6. Furnish electronic PDF review copies of the Preliminary Design Phase documents and any other deliverables
to Owner. Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any
other deliverables.
7. Revise the Preliminary Design Phase documents and any other deliverables in response to Owner's
comments, as appropriate, and furnish to Owner electronic PDF copies of the revised Preliminary Design Phase
documents, revised opinion of probable Construction Cost, and any other deliverables.
B. Engineer's services under the Preliminary Design Phase will be considered complete on the date when the revised
Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables have been
delivered to Owner.
A1.03 Final Design Phase
A. After acceptance by Owner of the Preliminary Design Phase documents, 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, extent, character, or 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.
2. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for
permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the
Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to
directives from such authorities.
3. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer.
Perform or provide the following additional Final Design Phase tasks or deliverables:
• Incorporate comments from Design review meetings
• Final Design Components
Page 4 of 8 Pages
(Exhibit A — Engineer's Services)
Agreement Between Owner and Engineer for Professional Services
o Drawings: General, Civil/Site, Process, Structural, Electrical, P&ID(s)/Controls, Architectural,
Mechanical, Landscape Architectural
o Project specifications
• Submit drawings/specifications to MPCA for review/approval and incorporate MPCA required revisions.
• Coordinate with MPCA and/or PFA for requirements of the State Revolving Fund (SRF) loan program
• Meetings
o Intermediate design coordination meetings (two assumed)
0 60-percent review meeting
0 90-percent review meeting
o Subcommittee or Work Session presentations (two assumed)
o Final design presentation to City Council
• Deliverables/Review Milestones
0 60-percent Design drawings/specifications
0 90-percent Design drawings/specifications
o Final/Bid Documents
o Final Opinion of Probable Construction Cost
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.
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 set -vices 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 specified by Engineer upon which the Engineer's
compensation has been established under this Agreement is one. If more prime contracts are awarded, Engineer shall be
entitled to an equitable increase in its compensation under this Agreement.
E. Perform or provide the additional scope items related to the State of Minnesota's Buildings, Benchmarks, and
Beyond (133) Program, which has been determined by MPCA/PFA to be a requirement of this project to secure an SRF loan:
• B3 Coordination and Management
o SB2030 Energy Criteria (WWTF Track)
o General B3 Guideline Project Requirements
• B3 Documentation via B3 Online Tracking Tool
• B3 Building Energy Model
• B3 Renewable Energy Coordination
• B3 "Design Commissioning" Requirement
• B3 clarifications and exemptions: B3 related services will be tracked as a separate task to the extent
practical for overall accounting of the incremental additional effort due to this requirement. There is no
guarantee that the project will achieve B3 certification, which is dependent on the overall building
design decisions and ongoing reporting. There is also no guarantee that the energy costs indicated in the
energy model will match the actual energy costs. Building performance is contingent on Owner
operation, weather conditions, building construction, and other external factors outside of the
prediction of the energy model. Services under this task will be considered complete when the project
Page 5 of 8 Pages
(Exhibit A — Engineer's Services)
Agreement Between Owner and Engineer for Professional Services
has qualified for the anticipated SRF loan. Acoustic consulting is also excluded as a "variance" from the
83 acoustic standards is anticipated.
A 1.04 Bidding or Negotiating Phase
A. After acceptance by Owner of the Bidding Documents and the most recent opinion of probable Construction Cost as
determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall:
I . Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain
a record of prospective bidders to whom Bidding Documents have been issued and receive and process contractor
deposits or charges for the Bidding Documents.
2. Issue Addenda as appropriate 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.
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).
A 1.05 Construction Phase
A. Reserved for future use.
A1.06 Post -Construction Phase
A. Reserved for future use.
A1.07 I&C Programming Services
B. Reserved for future use.
Additional Services not included in this Scope
• Geotechnical investigation or survey.
• Design beyond the scope listed in the Project Summary.
• Environmental assessment beyond EAW.
• Additional meetings beyond those included in the scope.
• Operational assistance.
PART 2 -- ADDITIONAL SERVICES
A2.01 Additional Services Requiring Owner's Written Authorization
Page 6 of 8 Pages
(Exhibit A — Engineer's Services)
Agreement Between Owner and Engineer for Professional Services
A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types
listed below.
1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services)
for private or governmental grants, loans, or advances in connection with the Project; preparation or review of
environmental assessments and impact statements; review and evaluation of the effects on the design requirements for
the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental impact of the Project.
2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the
accuracy of drawings or other information furnished by Owner or others.
3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project
designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity,
Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports,
Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations
enacted subsequent to the Effective Date of this Agreement or are due to any other causes beyond Engineer's control.
4. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions
beyond those identified in paragraph A1.01.A.4.
5. Services required as a result of Owner's providing incomplete or incorrect Project information to Engineer.
6. Providing renderings or models for Owner's use.
7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations,
maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate
schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing,
and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and
audits or inventories required in connection with construction performed by Owner.
8. Furnishing services of Engineer's Consultants for other than Basic Services.
9. Services attributable to more prime construction contracts than specified in paragraph A1.03.C.
10. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner's office.
11. Preparing for, coordinating with, participating in and responding to structured independent review processes,
including, but not limited to, construction management, cost estimating, project peer review, value engineering, and
constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports,
Drawings, Specifications, or other Bidding Documents as a result of such review processes.
12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by
Owner for the Work or a portion thereof.
13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or
Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents.
14. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials,
equipment, or services, except when such assistance is required by Exhibit F.
15. Providing construction surveys and staking to enable Contractor to perform its work other than as required
under paragraph A1.05.A.5, and any type of property surveys or related engineering services needed for the transfer of
interests in real property; and providing other special field surveys.
16. Providing Construction Phase services beyond the original date for final completion of the Work.
Page 7 of 8 Pages
(Exhibit A — Engineer's Services)
Agreement Between Owner and Engineer for Professional Services
17. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance
with current Laws and Regulations.
18. Preparing and furnishing to Owner Record Drawings showing appropriate record information based on
Project annotated record documents received from Contractor.
19. Preparation of operation and maintenance manuals.
20. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other
dispute resolution process related to the Project.
21. Providing more extensive services required to enable Engineer to issue notices or certifications requested by
Owner.
22. Other services performed or furnished by Engineer not otherwise provided for in this Agreement.
A2.02 Additional Services Not Requiring Owner's Written Authorization
A. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional Services of the types
listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from
Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner.
Services in connection with Work Change Directives and Change Orders to reflect changes requested by
Owner.
2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute
materials or equipment other than "or -equal" items; and services after the award of the Construction Contract in
evaluating and determining the acceptability of a substitution which is found to be inappropriate for the Project or an
excessive number of substitutions.
3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result
of materials, equipment, or energy shortages.
4. Additional or extended services during construction made necessary by (1) emergencies or acts of God
endangering the Work, (2) the presence at the Site of any Constituent of Concern, (3) Work damaged by fire or other
cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5)
acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor.
5. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial
utilization of any part of the Work by Owner prior to Substantial Completion.
6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in
connection with the Work.
Services during the Construction Phase rendered after the date stated in A 1.05.B.
Page 8 of 8 Pages
(Exhibit A — Engineer's Services)
Agreement Between Owner and Engineer for Professional Services
This is EXHIBIT B, consisting of 2 pages, referred to in and part of
the Agreement between Owner and Engineer for Professional
Services dated November 9, 2020.
Owner's Responsibilities
Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties.
B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense:
A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design
objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary
limitations; and furnish copies of all design and construction standards which Owner will require to be included in the
Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer
to include in the Bidding Documents, when applicable.
B. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to
previous designs, or investigation at or adjacent to the Site.
C. Following Engineer's assessment of initially -available Project information and data and upon Engineer's request,
furnish or otherwise make available such additional Project related information and data as is reasonably required to enable
Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the
following:
1. Property descriptions.
2. Zoning, deed, and other land use restrictions.
3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant
reference points.
4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic surveys, with
appropriate professional interpretation thereof.
S. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental
or cultural studies as to the Project, the Site, and adjacent areas.
6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the
Exhibits thereto.
7. Geotechnical report as identified in Exhibit A.
8. Site survey as identified in Exhibit A.
D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at
the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of
Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any
Contractor.
E. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required.
F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required
for Engineer to perform services under the Agreement.
G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents
presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as
Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto.
H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases
of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary
for completion of each phase of the Project.
I. Provide, as required for the Project:
1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services.
2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or
Engineer reasonably requests.
3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the
moneys paid.
4. Placement and payment for advertisement for Bids in appropriate publications.
J. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to
perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value
engineering, and constructibility review.
K. Furnish to Engineer data as to Owner's anticipated costs for set -vices to be provided by others (including, but not
limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so
that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs.
L. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to
represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations
of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer.
M. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person
or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define
and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the
duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and
made a part of this Agreement before such set -vices begin.
N. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job
related meetings, and Substantial Completion and final payment inspections.
O. Provide the set -vices of an independent testing laboratory to perform all inspections, tests, and approvals of Samples,
materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and
facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof.
P. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this
paragraph.
Page 2 of 2 Pages
(Exhibit B - Owner's Responsibilities)
Agreement Behveen Owner and Engineer for Professional Services.
This is EXHIBIT C, consisting of 1 page, referred to in and part
of the Agreement between Owner and Engineer for Professional
Services dated November 9, 2020.
Payments to Engineer for Services and Reimbursable Expenses
Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties:
ARTICLE 2--Owner's Responsibilities
C2.01 Compensation For Basic Services (other than Resident Project Representative and Post -Construction) -- Lump Sum
Method of Payment
A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident
Project Representative and Post -Construction Phase services, if any, as follows:
A Lump Sum amount of $2,291,000 based on the following assumed distribution of compensation:
a. Preliminary Design Phase
b. Final Design Phase
c. B3 Requirements
d. Bidding and Negotiating Phase
e. Construction Phase
f. Post -Construction Phase
g. I&C Programming
$ 584,000
$ 1,507,000
$ 91,000
$ 109,000
Reserved for Future Use
Reserved for Future Use
Reserved for Future Use
2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent
with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the
Owner.
3. The Lump Sum includes compensation for Engineer's services and services of Engineer's Consultants, if
any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and
Reimbursable Expenses.
4. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate
of the proportion of the total services actually completed during the billing period to the Lump Sum.
C2.02 [Not used]
C2.03 [Not used]
Page 1 of 1 Page
Exhibit C — Basic Services (other than RPR and Post -Construction) — Lump Sum Metbod of Payment
Agreement Between Owner and Engineer for Professional Services.
This is EXHIBIT G, consisting of 1 page, referred to in and part of the
Agreement between Owner and Engineer for Professional Services
dated November 9, 2020.
Insurance
Paragraph 6.04 of the Agreement is amended and supplemented to include the following agreement of the parties.
G6.04 Insurance
A. The limits of liability for the insurance required by paragraph 6.04.A of the Agreement are as follows:
1. By Engineer:
a. Workers' Compensation:
Statutory
b. Employer's Liability --
1) Each Accident:
$1,000,000
2) Disease, Policy Limit:
$1,000,000
3) Disease, Each Employee:
$1,000,000
C. General Liability --
1) Each Occurrence (Bodily Injury and
Property Damage):
$1,000,000
2) General Aggregate:
$2,000,000
d. Automobile Liability --
1) Combined Single Limit
(Bodily Injury and Property Damage):
Each Accident
$1,000,000
f. Professional Liability —
1) Each Claim Made
2) Annual Aggregate
B. Additional Insureds
$2,000,000
$2,000,000
1. The Owner shall be listed on Engineer's general liability policy as provided in paragraph 6.04.A.
Page I of I Page
(Exhibit G - Insurance)
Agreement Between Owner and Engineer for Professional Services.