3.6 West WWTF Contract Amendment
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Utilities Utility Manager Neidermeier November 22, 2021
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Attorney Kendall
AE2S Engineer Schaefer
3.6 – West WWTF Contract
Amendment
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 an amendment to the West WWTF design contract.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
During discussions with the Minnesota Pollution Control Agency (MPCA) regarding the new National
Pollutant Discharge Elimination System (NPDES aka discharge) permit for the West WWTF as a result of the
West WWTF Liquid Phase 1 project, MPCA determined an Antidegradation study would be required as a
condition of obtaining the NPDES permit, which is necessary both for facility operation as well as moving
forward with construction of the expansion.
This study was not included in the original scope, and as a result Amendment 1 was proposed. This scope is
based upon the MPCA’s “Antidegradation Guidance: Guidance for New Antidegradation Rule Promulgated
2016” issued December 2019 as well as conversations with MPCA staff.
The Public Works Subcommittee discussed the proposed contract amendment at their meeting on October
20, recommending approval.
SUPPORTING DOCUMENTS ATTACHED:
• Exhibit K – Contract Amendment 1
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve Exhibit K – Amendment 1 to the West WWTF Professional Services Agreement dated
November 9, 2020 with AE2S in the amount of $38,500.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 602 – Sanitary Sewer Utility
Yes
Exhibit K – Amendment to Owner-Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 1
This is EXHIBIT K, consisting of 3 pages, referred to in and
part of the Agreement between Owner and Engineer for
Professional Services dated November 9, 2020.
AMENDMENT TO OWNER-ENGINEER AGREEMENT
Amendment No. __1__
The Effective Date of this Amendment is: November 22, 2021.
Background Data
Effective Date of Owner-Engineer Agreement: November 9, 2020.
Owner: City of Otsego
Engineer: Advanced Engineering and Environmental Services (AE2S), LLC
Project: West WWTF Liquid Phase 1 (WL1)
Nature of Amendment:
_X__ Additional Services to be performed by Engineer
____ Modifications to services of Engineer
____ Modifications to responsibilities of Owner
_X__ Modifications of payment to Engineer
____ Modifications to time(s) for rendering services
____ Modifications to other terms and conditions of the Agreement
Description of Modifications:
Background: During discussions with the Minnesota Pollution Control Agency (MPCA) regarding the
new National Pollutant Discharge Elimination System (NPDES aka discharge) permit for the West
WWTF as a result of the West WWTF Liquid Phase 1 project, it was determined an Antidegradation
study would be required. This study was not included in the original scope, and as a result Amendment
1 was proposed as described below. This scope is based upon the MPCA’s “Antidegradation Guidance:
Guidance for New Antidegradation Rule Promulgated 2016” issued December 2019 as well as
conversations with MPCA staff. The Antidegradation Study is anticipated to include the following
components, which comprise the scope of the additional effort:
· Determine which pollutants may be of concern:
o Chloride review will be required
o Open discussion with MPCA for other parameters including:
Carbonaceous Biochemical Oxygen Demand (CBOD5)
Ammonia
Nitrate
Mercury
Exhibit K – Amendment to Owner-Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 2
Parameters excluded from the analysis due to downstream Total Maximum
Daily Load (TMDL) limits or due to exclusions to Antidegradation review
requirements:
· Total Suspended Solids (TSS)
· Total Phosphorus (TP)
· Heavy Metals (Cu, Cd, Co, Pb, Cr, Ni, Zn, Ag, etc)
· Sulfate
· Temperature
· Fecal coliform
· Determine and document current pollutant limits:
o State/federal limits
o Permitted load/concentration limits
o Any granted variances
· Document information on current and future flows:
o Design flows for West WWTF
o 7Q10 for receiving water body (Otsego Creek)
· Analysis of current water quality in Otsego Creek
o Macroinvertebrate and fish community bio-impairments (downstream segment)
The scope assumes that a desktop analysis of the bio-impairments (index of
biological integrity / IBI) is sufficient per discussion with MPCA
· Determine if degradation will occur. If so:
o Create list of potential alternatives
A chloride-based alternative is anticipated to include a pipeline to the
Mississippi river
Other potential alternatives (i.e. expansions) are anticipate to be based upon
the 2018 Wastewater Master Plan with adjustments as necessary
o Eliminate any non-viable alternatives
o Rank remaining options
· Economic feasibility study
o Eliminate any non-economically feasible alternatives
· Determine and describe top remaining alternative
· Summarize results
o Prepare and presentation Summary Technical Memorandum
o Discuss and confirm results with MPCA
REMAINDER OF PAGE INTENTIONALLY BLANK
Agreement Summary:
Original agreement amount: $2,291,000
Net change for prior amendments: $N/A
This amendment amount: $38,500
Adjusted Agreement amount: $2,329,500
Exhibit K – Amendment to Owner-Engineer Agreement
Agreement Between Owner and Engineer for Professional Services
Page 3
Change in time for services (days or date, as applicable): __N/A____
The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including
those set forth in Exhibit C.
Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All
provisions of the Agreement not modified by this or previous Amendments remain in effect.
OWNER: ENGINEER:
By:
By:
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name:
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name:
Title:
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Date Signed:
Date Signed: