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3.11 Ordering AE2S Storm Water Modeling Request for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Public Works City Engineer Wagner October 10, 2022 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Attorney Kendall 3.11 – Storm Water Modeling Agreement 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 recommends the City Council approve a professional services agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: In 2003, the City consulted with Hakanson Anderson to complete storm water modeling and preparation of a report to set up an Otsego Creek Storm Water Utility fee. The work was done using ACAD and based on potential development of the area draining to Otsego Creek. The area in the last 20 years has developed in accordance with the Comprehensive Plan and storm water modeling has advanced significantly. City Staff is recommending updating the model and report for the following reasons: • Existing report and derived fees are nearly 20 years old • Model will use XPSWM, which is accepted by FEMA and DNR • Existing development outfall locations and flows can be input • Input latest Comprehensive Plan land uses • New model can be used to compare to FEMA Flood Plain • Approximately 1/3 of the Otsego Creek watershed has been developed • Update Storm Water Impact Fee accordingly • Timing is right – expanded W-WWTF begins operations in 2024 • Currently, AE2S is completing the modeling for Otsego Creek rehab in Prairie Pointe which is required to show that the improvements do not affect any property up or downstream. That work dovetails nicely with the overall updated model design • Hakanson will provide all outfall information, as-built and design flows from existing developments and will complete the report and determine an updated Storm Water Impact fee AE2S has provided the City with a scope and estimated cost of $112,005. The Public Works Subcommittee was presented this information at their August and September meetings with recommendation for City Council consideration and approval. The City Attorney has reviewed the professional services agreement and provided a recommendation to proceed. SUPPORTING DOCUMENTS ATTACHED: • Map of Study Area • Professional Services Agreement POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to approve a Professional Services Agreement between the City of Otsego and Advanced Engineering and Environmental Services, LLC (AE2S) for the Otsego Creek Hydrologic and Hydraulic Model in the amount of $112,005. BUDGET INFORMATION FUNDING: BUDGETED: Fund 408 – Otsego Creek Watershed No; however, there are sufficient funds available within this specific fund for this modeling. E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 1 01/2021 AGREEMENT BETWEEN OWNER AND ENGINEER FOR STUDY AND REPORT PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of __October 11___, 2022 (“Effective Date”) between City of Otsego, Minnesota ("Owner") and Advanced Engineering and Environmental Services, LLC (AE2S) ("Engineer"). Owner retains Engineer to perform professional services, in connection with Otsego Creek Hydrologic and Hydraulic Model ("Assignment"). Owner and Engineer further agree as follows: ARTICLE 1 – 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 pay Engineer as set forth in Article 4. B. Owner shall provide Engineer with all criteria and full information as to Owner’s requirements for the Assignment, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any anticipated funding sources and budgetary limitations. C. Owner shall furnish to Engineer all existing studies, reports, and other available data pertinent to the Assignment, obtain or authorize Engineer to obtain or provide additional reports and data as required, and furnish to Engineer such services of others as may be necessary for the performance of Engineer’s services. D. Owner shall 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. E. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, instructions, reports, data, and other information Owner-furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, instructions, reports, data, and information in performing or furnishing services under this Agreement. E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 2 01/2021 ARTICLE 3 – SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 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. ARTICLE 4 – INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of this Article. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. B. Obligation to Pay: Owner’s obligation to pay for Engineer’s services under this Agreement is not contingent on Owner’s ability to obtain financing, third-party payments, 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. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay: If Owner fails to make payments due Engineer for services and expenses within 30 days after receipt of Engineer’s invoice, then: Engineer will be entitled to interest on all amounts due and payable at the rate of 1.75% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and 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. 4.03 Payment for Basic Services (Hourly Rates Plus Reimbursable Expenses) A. Using the procedures set forth in Paragraph 4.01, Owner shall pay Engineer for Basic Services as follows: E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 3 01/2021 An amount equal to the cumulative hours charged to the Assignment by each class of Engineer’s employees times standard hourly rates for each applicable billing class for all services performed on the Assignment, plus reimbursable expenses and Engineer’s Consultants’ charges, if any. Engineer’s standard hourly rates are set forth in Exhibit B. The total compensation for services and reimbursable expenses is estimated to be $112,005.00. 4.04 Payment for Additional Services A. For Additional Services, Owner shall pay Engineer an amount equal to the cumulative hours charged to providing the Additional Services under the Assignment by each class of Engineer’s employees, times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer’s Consultants’ charges, if any. Engineer's standard hourly rates and reimbursable expenses schedule are set forth in Exhibit B. 4.05 Disputed Invoices A. If Owner contests an invoice, Owner shall promptly advise Engineer of the specific basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion. 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 estimate as an experienced and qualified professional generally familiar with the construction industry. However, because of the limited and preliminary nature of the Assignment, and because 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 requires greater assurance as to probable Construction Cost, Owner must employ an independent cost estimator. 5.02 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. Standard of Care: 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 other warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services. E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 4 01/2021 B. Consultants: 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. C. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.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. D. 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. E. Engineer shall not have any construction-related duties under this Agreement. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor’s furnishing and performing of its work. F. Indepenent Contractor: Owner hereby retains Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. Engineer is not an employee of Owner and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. Owner and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of Owner. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. G. Compliance with Laws and Regulations: In providing services hereunder, Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 6.02 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 Assignment or 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. Either party to this Agreement 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 E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 5 01/2021 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. If the parties agree to other electronic transmittal procedures, such procedures shall be set forth in an exhibit to this Agreement. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise during storage or transmittal, the party receiving electronic files agrees that it will perform acceptance tests or procedures within ten days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any data deficiencies detected within the ten-day acceptance period will be corrected, if possible, 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 such Documents are not intended or represented to be suitable for use by Owner unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project or on any other project without written verification or adaptation by Engineer; (2) the Documents are instruments of study and report services only, and are not final design or construction documents, (3) any such use, reuse, alteration, or 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 (4) 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, alteration, or modification without written verification, completion, or adaptation by Engineer. 6.03 Insurance F. Engineer shall secure and maintain such insurance as will protect Engineer from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence/aggregate Automobile Liability $1,000,000 combined single limit Owner shall be named as an additional insured on the general liability policy. G. Engineer shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the Owner, in the insured's capacity as Engineer, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. The policy shall provide minimum limits of $1,000,000 with a deductible maximum of $125,000 unless the Owner agrees to a higher deductible. H. Before commencing work the Engineer shall provide Owner a certificate of insurance evidencing the required insurance coverage in a form acceptable to Owner. The certificate shall provide that such insurance E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 6 01/2021 cannot be cancelled until thirty (30) days after the Owner has received written notice of the insurer’s intention of cancel this insurance. 6.04 Termination A. Termination for Cause: The obligation to continue performance under this Agreement may be terminated: By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. By Engineer: a. upon seven days written notice if Engineer believes that Engineer is being required by Owner to furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or b. upon seven days written notice if the Engineer’s services are delayed for more than 90 days for reasons beyond Engineer’s control. c. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 6.04.A.2 if said termination is undertaken in good faith. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 6.04.A.1. 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 of notice; 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. B. Termination for Convenience: Owner may terminate the Agreement for Owner's convenience effective upon the Engineer's receipt of written notice from Owner. C. The terminating party under Paragraphs 6.04.A or 6.04.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer 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. In the event of any termination under Paragraph 6.04, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 6.05 Controlling Law A. This Agreement is to be governed by the law of the State of Minnesota, without regard to its conflicts of laws principles. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Wright County. E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 7 01/2021 6.06 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.06.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the 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: Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Subcontractor, Supplier, or other individual or entity, or to any surety for or employee of any of them. 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. Any and all Documents prepared by Engineer, including but not limited to the Report to be prepared pursuant to Exhibit A, are prepared solely for the use and benefit of Owner, unless expressly agreed otherwise by Engineer. 6.07 Dispute Resolution A. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute, after which, if negotiations are unsuccessful, the parties may exercise their rights at law. 6.08 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. 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 or learns of an undisclosed Constituent of Concern at the Site, 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 consultants or contractors to identify and, as appropriate, abate, remediate, or remove the E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 8 01/2021 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 "owner" “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. 6.09 Indemnification A. Indemnification by Engineer: To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner’s officers, directors, members, partners, agents, consultants, and employees from reasonable costs, losses, and damages arising out of or relating to the Assignment or 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, 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, members, partners, agents, 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 party’s patent rights relating to Engineer’s services on the Project. F. Copyright: Engineer shall defend actions or claims charging infringement of any copyright or software license by reason of the use or adoption of any software, designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom. 6.10 Limitation of Engineer’s Liability A. Intentionally omitted. E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 9 01/2021 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, which 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 party’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 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. 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, in the exhibits, or in the following provisions: Additional Services – The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Exhibit A of this Agreement. Agreement – This written contract for study and report professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. Asbestos – Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. Basic Services – The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 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 E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 10 01/2021 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. Construction Cost – The cost to Owner of the construction of a recommended solution presented in the Report furnished by Engineer under Exhibit A, or of a specific portion of the Project for which Engineer has agreed to provide opinions of cost. Construction Cost includes the cost of construction labor, services, materials, equipment, insurance, and bonding, but does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights- of-way, or compensation for damages to properties; Owner’s costs for legal, accounting, insurance counseling, or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project Costs. Consultants – Individuals or entities having a contract with Engineer to furnish services with respect to this Assignment as Engineer’s independent professional associates and consultants, subcontractors, or vendors. Documents – Data, studies, reports (including the Report referred to in Exhibit A), and other deliverables, whether in printed or electronic media format, provided or furnished by Engineer to Owner pursuant to this Agreement. Effective Date – The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. Engineer – The individual or entity named as such in this Agreement. Hazardous Waste – The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. Laws and Regulations; Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Owner – The individual or entity with which Engineer has entered into this Agreement and for which Engineer's services are to be performed. PCBs – Polychlorinated biphenyls. Petroleum – Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-hazardous waste and crude oils. E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 11 01/2021 Project – The total study, design, and construction to be carried out by Owner through its employees, agents, design professionals, consultants, contractors, and others, of which the Assignment is a preliminary part. Radioactive Material – Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. Site – Lands or areas where the subject matter of the Assignment or the Project is located. Total Project Costs – The total cost of study, design, and construction of the Project, including Construction Cost and all other Project construction labor, services, materials, equipment, insurance, and bonding costs, allowances for contingencies, and the total costs of services of Engineer and 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. ARTICLE 8 – EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included A. Exhibit A, Engineer’s Services. B. Exhibit B, Standard Hourly Rates and Reimbursable Expenses Schedule 8.02 Total Agreement A. This Agreement, (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. 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 Assignment and the responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to the Assignment on behalf of the respective party whom the individual represents. 8.04 Engineer's Certifications A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the Agreement execution; "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 12 01/2021 "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. 8.05 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. 8.06 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 (1½ %) 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. E-525 Agreement Between Owner and Engineer for Study and Report Professional Services Page 13 01/2021 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Engineer: By: By: Brian Bergantine Title: Title: Operations Director Date Signed: Date Signed: Address for giving notices: Address for giving notices: Advanced Engineering and Environmental Services, LLC 4050 Garden View Drive, Suite 200 Grand Forks, ND 58201 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Name: Name: Tony Miller Title: Title: Project Engineer Phone Number: Phone Number: 763-463-5036 Facsimile Number: Facsimile Number: NA E-Mail Address: E-Mail Address: Tony.Miller@ae2s.com 9/26/2022 Exhibit A – Engineer’s Services Agreement Between Owner and Engineer for Study and Report Professional Services Page 1 This is EXHIBIT A, Engineer's Services, referred to in and part of the Agreement between Owner and Engineer for Study and Report Professional Services dated October 11, 2022. Engineer’s Services Article 1 of the Agreement is supplemented to include the following agreement of the parties: Engineer shall provide Basic and Additional Services as set forth below. PART 1 – BASIC SERVICES A1.01 Study and Report Phase – See Exhibit A1, A2, and A3 for Scope of Services, Task Hour Budget, and Study Area Key Assumptions Map (respectively) A. Engineer shall: 1. Consult with Owner regarding fulfillment of Owner's responsibilities under Article 2. 2. Advise Owner of any need for Owner to provide other data or services. 3. Perform all tasks outlined in Exhibit A1. A1.02 Times for Rendering Services A. Engineer's Assignment will be considered complete when all deliverables set forth in Exhibit A are submitted to Owner. PART 2 – ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner’s Written Authorization 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 Assignment or Project; preparation of environmental assessments and impact statements; 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 of the Assignment including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies and reports when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control. 4. Services resulting from Owner’s request to evaluate additional potential solutions beyond those identified in Paragraph A1.01.A.5. Exhibit A – Engineer’s Services Agreement Between Owner and Engineer for Study and Report Professional Services Page 2 5. Services required as a result of Owner providing incomplete or incorrect 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 financial feasibility and cash flow studies, 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. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 9. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Assignment. 10. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. Page 1 of 8 City of Otsego Otsego Creek Hydrologic & Hydraulic Model Exhibit A1 – Scope of Services This project will develop a hydrologic and hydraulic (H&H) model for the Otsego Creek watershed. The model will be developed for two primary reasons: (1) establish accurate peak flow rate and high water levels throughout the system and (2) for undeveloped areas, identify future regional stormwater needs (e.g. ponds, trunk storm sewer, etc.) to understand future stormwater impact fees. The findings of the H&H model will be used to aide in the review of proposed development plans to inform critical building and roadway crossing elevations as well as used to size any creek culvert crossings. FEMA, in collaboration with the Minnesota DNR (DNR), is in the process of establishing a regulatory FEMA Zone AE floodplain for a portion of the creek. Based on an initial review of the preliminary model, it is not utilizing accurate hydrologic or hydraulic information. Therefore, if the FEMA preliminary mapping is adopted, areas could be mapped incorrectly throughout the City. The H&H model developed as part of this project is a FEMA approved modeling software (XPSWMM) and can be used to re-map the floodplain using more accurate modeling procedures and data. Significant areas of the community have been developed in the last 15-years. This model will be able to accurately identify regional stormwater needs of the remaining development areas within the Otsego Creek watershed. These findings will then be used to determine an accurate stormwater impact fee needed for the undeveloped parcels. The scope of services have been detailed in this Exhibit A1 - Scope of Services, supplemented by the Task Hour Budget (attached as Exhibit A2) and as shown in the Study Area Key Assumptions Map (attached as Exhibit A3). 1. Project Management & Coordination a. Background: Project management and coordination is a key component of every project to monitor project budget, scope, schedule, and coordinate with the City’s Project Manager. Page 2 of 8 b. AE2S Services: i. Project Management – AE2S’s project manager will provide general project communication, schedule and budget management, internal and external team management, deliverables management, integration of the AE2S team with the City, and QA/QC of deliverable. Three Milestone Meetings will be held throughout the project. AE2S’s project manager will lead these meetings and provide all meeting documentation and post meeting minutes. c. Deliverables: i. Provide quick and responsive direct line on communication to AE2S’s leadership team and staff as well as a single source of communication transfer to reduce miscommunication. ii. Meeting agendas & minutes from all meetings. d. Assumptions [Additional specific assumptions are located in the “Description” column of Exhibit A2]: i. AE2S will communicate on an as needed basis by phone, email, or virtual meeting in between scheduled milestone meetings. Page 3 of 8 2. Data Collection a. Background: Data collection is a key component to constructing an accurate and reliable model. The output results reflect the quality of the input data in addition to the amount of detail that is included in the model. AE2S will work with the City to obtain the necessary data (e.g. landuse, storm sewer, creek crossings, creek cross sections, and ponds) within the study area. b. AE2S Services: i. Review and log all record data received from City. Log gaps in the data (if any), ii. Compare the historic data to the most resent aerials to verify accuracy of the data (this is only applicable for existing landuse, pond, and creek section data), iii. Review the survey data provided by the City for all creek crossing and creek cross sections. Verify the data is complete and adequate for constructing a 1D XPSWMM model. Log any data gaps. iv. Create an Existing Impervious Surfaces File for the study area, v. Create a Full Build Impervious Surfaces File for the study area, and vi. Milestone Meeting 1 – Kickoff/Data Review. This meeting will provide the City and AE2S the opportunity to discuss the quality of the input data, any gaps there may be, and the best assumptions to make for data that may be unavailable. It will also provide for the opportunity to discuss and finalize modeling mythologies and procedures. c. Deliverables: i. One (1) data log used throughout the data collection phase identifying all data collected, any missing data or data that is still needed to be collected. This will be integrated into the final report provided at the end of Task 4. ii. Milestone Meeting 1 - Kickoff/Data Review d. Assumptions: i. The study area will include the watershed for the Otsego Creek from 70th Street Northeast to Mason Avenue Northeast. ii. The City will share with AE2S record drawings (organized by development with a development index) for all of the developments that have been constructed in the model area (including creek crossings and creek cross section). iii. The City will survey all existing creek crossings and creek cross sections that do not have record drawings. iv. The City will share with AE2S existing digital storm sewer files for the model area. v. The City will share with AE2S existing and full build digital landuse files for the model area. vi. The City will share with AE2S digital drainage area data available for the study area. Page 4 of 8 vii. AE2S will use LIDAR surface elevation data, except in areas where grading or creek cross sections record drawings are provided. viii. AE2S will download soils data from the NRCS Web Soil Survey to create the Soils File. ix. AE2S will create the Existing Impervious Surfaces File for the study area using the vegetation infrared LIDAR data and the landuse data. 1. No more than four hours will be spent to post-processing the existing impervious vs pervious surface GIS file. 2. Water will be treated as impervious surface area. x. AE2S will create the Full Build Impervious Surfaces File for the study area using the future landuse provided by the City. xi. The City will provide a map (or digital file) of the Future Development Parcels (minimum of 40 acres per parcel). This information will be used by AE2S to create future drainage areas and storage nodes in Task 4. Page 5 of 8 3. Existing Conditions Model Development a. Background: This task involves modeling the existing conditions of the creek, upstream of Mason Ave. NE, including the Prairie Pointe development improvements which are proposed to be completed in 2023. A one-dimensional model will be created using XPSWMM software. XPSWMM is a dynamic software capable of modeling urban and rural drainage in one platform and is readily used throughout the region. Also, this area is anticipated to have approved FEMA flood mapping as soon as 2024. XPSWMM is an approved FEMA flood mapping software; therefore, the results of the model can be use in future CLOMRs and LOMRs. b. AE2S Services: i. Develop existing hydrologic parameters for the XPSWMM model for the Otsego Creek watershed. Hydrologic parameters will be developed using TR-55 methodology (CN values, Time of Concentration, etcetera). 1. Delineate watersheds to create the Existing Drainage Area File. Watersheds will be delineated based on a one-to-one ratio with existing ponds, storage areas, or other features, 2. Intersect the Existing Drainage Area File with the Soils File and the Existing Impervious Surfaces File to create the Existing CN file, 3. Import the hydrology data from the Existing CN file into XPSWMM. This will eventually become the Existing XPSWMM Model, and 4. Calculate time of concentrations for each existing drainage area. ii. Develop one (1) Existing XPSWMM H&H Model (Existing Model) (using the hydrologic parameters referenced above) 1. Model the existing creek crossings (culverts, roadway overtopping, etcetera), 2. Model the existing creek cross sections between the crossings using LIDAR and any supplemental survey information provided by the City, 3. Create an Existing Ponds File based on survey, record drawings, aerials, and LIDAR data, 4. Model the existing pond’s flood storage volume, 5. Model the existing pond outlets and discharge pipes for the trunk storm sewer system from the pond to the creek. 6. Run the Existing Model and trouble shoot errors. Develop results for the 2, 10, and 100-year, 24-hour, rainfall events. iii. Evaluate the Prairie Pointe creek crossing to compare the water surface levels from the XPSWMM model to the HEC-RAS model used to size the culvert. If the flows to the creek crossing are dramatically different in the two models (greater or less than 20%), AE2S will evaluate a change order alternative design for the Prairie Pointe creek crossing. Page 6 of 8 iv. Develop a draft Creek Crossing Comparison Memorandum for the creek crossing at the Prairie Pointe development. The memorandum will summarize the methodology and results of Tasks 1-3 and include the recommended change order creek crossing (if needed). v. Milestone Meeting 2 – One (1) Progress Meeting. This meeting will provide the City and AE2S the opportunity to discuss the results of the model upstream of the Prairie Pointe development, the draft Creek Crossing Comparison Memorandum, and any other project related concerns prior to Task 4. vi. Develop a final Creek Crossing Comparison Memorandum for the creek crossing at the Prairie Pointe development. The final memorandum will summarize the methodology and results of Tasks 1-3 and include the recommended change order creek crossing (if needed). vii. Develop one (1) existing, 100-year, Atlas 14, rainfall event digital flood inundation polygon and PDF figures. The PDF figures will include one (1) Overall Sturdy Area figure (1-inch = 1000-feet) and tiled maps for the Creek Details. The Creek Details figures will depict key points along the creek that are included in the mode (crossings, creek section changes, junctions, ponding areas, etcetera). AE2S will use the LIDAR data and the results at each water surface elevation node in the model to develop the flood inundation polygon. These items will be delivered as part of the draft and final report created in Task 4. c. Deliverables: i. A Creek Crossing Comparison Memorandum (in the form of a PDF) for the creek crossing at the Prairie Pointe development. d. Assumptions: i. The time of concentration for each drainage area will be calculated using the TR-55 method, with a minimum value of 7-miunutes when applicable. ii. The SCS curve number method will be used to calculate peak flows for each drainage area. Composite curve numbers will be calculated by intersecting the Drainage Areas Files with the Impervious Surface Files and Soils File in GIS. iii. The peak flow for each drainage area will be routed directly into the corresponding pond storage node. iv. Surface elevations and pond volumes will be taken from LIDAR, unless the data is provided as part of a survey or record drawing. v. AE2S will assume the pond volumes will start at the normal water levels. The normal water levels will be determined based on the outlet elevation or approximated based on aerial imagery and LIDAR data (unless provided by record drawing or survey data). Page 7 of 8 4. Full Build Model Development a. Background: This task involves modeling the full build condition of the creek (approximately 2045 condition). The goal is to complete this model to identify future reginal stormwater infrastructure (ponds and trunk storm sewer) and to gain an understanding of the stormwater impact fees required for future developments. Like the Existing Model created in Task 3, the full build model will be created using XPSWMM software. b. AE2S Services: i. Develop Full Build Hydrologic Parameters 1. Delineate watersheds to create the Full Build Drainage Area File, 2. Intersect the Full Build Drainage Area File with the Soils File and the Full Build Impervious Surfaces File to create the Full Build CN File, 3. Copy the existing model and update the hydrology areas and CN values based on the Full Build CN File. This will create the beginning of the Full Build Model. 4. Calculate and update the time of concentrations for each drainage area based on the full build landuse. ii. Develop Full Build Regional Ponds & Trunk Storm Systems 1. Each undeveloped parcels within the watershed will be evaluated to determine two regional pond and trunkline improvements (parcel size - minimum 40-acres). HydroCAD will be used to optimize the regional pond sizes, verify discharge rates from each parcel, and meet the pre- and post-condition requirements for the City. The recommended regional pond and trunkline option will be integrated into the Full Build Ponds File and Full Build Model. iii. Develop one (1) Full Build XPSWMM H&H Model (Full Build Model) 1. Model the full build creek crossings (culverts, roadway overtopping, etcetera), 2. Model the full build pond flood storage volumes, 3. Model the full build pond outlets and discharge pipes for the trunk storm sewer system from the pond to the creek. 4. Run the Full Build Model and trouble shoot errors. Develop results for the 2, 10, and 100-year, 24- hour, rainfall events. iv. Develop a draft report, summarizing the methodology and results of Tasks 1-4. The draft report will include a table of Proposed Reginal Stormwater Infrastructure. This table will show the future development parcels, the future pond designs (area, volume, outlet size), and truck storm sewer lengths. The City will be able to use this data to develop a stormwater impact fee for the future developments. v. Milestone Meeting 3 – One (1) Progress Meeting. This meeting will provide the City and AE2S the opportunity to discuss the results of the “complete” models, the draft table of Proposed Reginal Stormwater Infrastructure, and any other project related concerns. Page 8 of 8 vi. Develop a final report summarizing the methodology and results of Tasks 1-4. The final report will include all figures and a final table of Proposed Regional Stormwater Infrastructure. c. Deliverables: i. A digital copy of the Existing Model along with digital results of for the 2, 10, and 100-year, 24-hour, rainfall events, ii. A digital copy of the Full Build Model along with digital results of for the 2, 10, and 100-year, 24-hour, rainfall events, iii. A final report (digital PDF) summarizing the methodology and results of Tasks 1-4 including, 1. The Existing 100-year Floodplain figure 2. The Overall Sturdy Area figure 3. The Creek Details figures 4. A table of Proposed Reginal Stormwater Infrastructure iv. A digital copy of the GIS files that accompany the Existing Model and the Full Build Model 1. The existing 100-year, 24-hour, rainfall event flood inundation polygon 2. The Soils File 3. The Existing Impervious Surfaces File 4. The Existing Ponds File 5. The Existing Drainage Area File 6. The Existing CN File 7. The Existing Tc File 8. The Full Build Ponds File 9. The Full Build Drainage Area File 10. The Full Build CN File 11. The Full Build Tc File d. Assumptions: i. All assumptions from Task 2 and Task 3 apply including: 1. Future reginal ponds will be located at existing low points and be designed to not increase discharge rates offsite from pre- to post- development landuse conditions for the 2, 10, and 100-year, 24- hour, rainfall events. 2. Future truck storm sewers will be located based on both natural ground elevations and major road corridors. 3. Regional ponds will be developed based on a one to one ratio of drainage area per regional pond developed for undeveloped parcels. Rate 215$ 203$ 177$ 125$ 148$ TASKS SUB-TASK DESCRIPTION 1.0 Project Management and Coordination 1.10 Project Management General project communication, schedule and budget management, deliverables management, integration fo the AE2S team with the City, and QA/QC of deliverables. (10% of the project budget) 40 Task Total Hours 40 40 0 0 0 0 Labor Totals 8,600$ -$ -$ -$ -$ -$ 8,600$ 2.0 Data Collection 2.10 Review and log all record data received from City Review and log all record data received from City. Log gaps in the data (if any),12 24 2.20 Record data accuracy analysis Compare the historic data to the most resent aerials to verify accuracy of the data (this is only applicable for existing landuse, pond, and creek section data)1 4 8 2.30 Review the data provided by the City for all creek crossing and creek cross sections Verify the data is complete and adequate for constructing a 1D XPSWMM model. Log any data gaps 1 8 16 2.40 Create an Existing Impervious Surfaces file for the study area Create an Existing Impervious Surfaces File for the study area 1 2 2 16 2.50 Create a Full Build Impervious Surfaces File for the study area Create a Full Build Impervious Surfaces File for the study area 1 4 8 8 2.60 Milestone Meeting 1 - One (1) Kickoff/ Data Review This meeting will provide the City and AE2S the opportunity to discuss the quality of the input data, any gaps there may be, and the best assumptions to make for data that may be unavailable. It will also provide for the opportunity to discuss and finalize modeling mythologies and procedures 3 3 50$ Task Total Hours 122 3 4 33 58 24 Labor Totals 645$ 812$ 5,841$ 7,250$ 3,552$ 50$ 18,150$ Subtotal Project Manager Technical QA/QC Project Engineer EIT Justin Klabo Linda Severson Tony Miller Luke LaMoore Drew Stock City of Otsego Otsego Creek Hydrologic & Hydraulic Model Exhibit A2 - Task Hour Budget Expenses AE2SGIS Page 1 of 3 Rate 215$ 203$ 177$ 125$ 148$ TASKS SUB-TASK DESCRIPTION Subtotal Project Manager Technical QA/QC Project Engineer EIT Justin Klabo Linda Severson Tony Miller Luke LaMoore Drew Stock City of Otsego Otsego Creek Hydrologic & Hydraulic Model Exhibit A2 - Task Hour Budget Expenses AE2SGIS 3.0 Existing Conditions Model Development 3.11 Delineate watersheds to create the Existing Drainage Area File 1 8 32 3.12 Intersect Existing Drainage Area File with the Soils File and the Existing Impervious Surfaces File to create the Existing CN file 1 2 3.13 Import the hydrology data from the Existing CN file into XPSWMM. This will eventually become the Existing XPSWMM Model 1 2 3.14 Calculate time of concentrations for each existing drainage area 1 8 16 3.21 Model the existing creek crossings (culverts, roadway overtopping, etcetera)1 8 32 3.22 Model the existing creek cross sections between the crossings using LIDAR and any supplemental survey information provided by the City 1 6 34 3.23 Create an Existing Ponds File based on survey, record drawings, aerials, and LIDAR data for the ponds 2 6 3.24 Model the existing pond’s flood storage volumes 6 16 3.25 Model the existing pond outlets and discharge pipes, for the trunk storm sewer system from the pond to the creek 1 8 32 3.26 Run the Existing Model and trouble shoot errors. Develop results for the 2, 10, and 100- year, Atlas 14 rainfall events 2 6 12 3.30 Evaluate the Prairie Point creek crossing Evaluate the Prairie Point creek crossing to compare the water surface levels from XPSWMM model to the HEC-RAS model used to size the culvert. If the to the creek crossing are dramatically different (greater or less than 20%), we will evaluate a change order alternative design 6 16 3.40 Develop a draft Creek Crossing Comparison Memorandum for the creek crossing at the Prairie Point development The memorandum will summarize the methodology and results of Tasks 1-3 and include the recommended change order creek crossing (if needed)2 10 24 3.50 Milestone Meeting 2 – One (1) Progress Meeting This meeting will provide the City and AE2S the opportunity to discuss the results of the model upstream of the Prairie Point development, the draft Creek Crossing Comparison Memorandum , and any other project related concerns prior to Task 4. 3 3 50$ 3.60 Develop a final Creek Crossing Comparison Memorandum for the creek crossing at the Prairie Point development The final memorandum will summarize the methodology and results of Tasks 1-3 and include the recommended change order creek crossing (if needed)6 12 3.70 Develop one (1) existing, 100-year, Atlas 14, rainfall event digital flood inundation polygon and PDF figures The PDF figures will include one (1) Overall Sturdy Area figure (1-inch = 1000-feet) and tiled maps for the Creek Details . The Creek Details figures will depict key points along the creek that are included in the mode (crossings, creek section changes, junctions, ponding areas, etcetera). AE2S will use the LIDAR data and the results at each water surface elevation node in the model to develop the flood inundation polygon. These items will be delivered as part of the draft and final report created in Task 4 4 8 16 Task Total Hours 355 5 13 85 252 0 Labor Totals 1,075$ 2,639$ 15,045$ 31,500$ -$ 50$ 50,309$ Develop one (1) Existing Model Develop existing hydrologic parameters for the XPSWMM model for the Otsego Creek watershed. Page 2 of 3 Rate 215$ 203$ 177$ 125$ 148$ TASKS SUB-TASK DESCRIPTION Subtotal Project Manager Technical QA/QC Project Engineer EIT Justin Klabo Linda Severson Tony Miller Luke LaMoore Drew Stock City of Otsego Otsego Creek Hydrologic & Hydraulic Model Exhibit A2 - Task Hour Budget Expenses AE2SGIS 4.0 Full Build Model Development 4.11 Delineate watersheds to create the Full Build Drainage Area File 6 12 4.12 Intersect the Full Build Drainage Area File with the Soils File and the Full Build Impervious Surfaces File to create the Full Build CN File 2 8 4.13 Copy the existing model and update the hydrology areas and CN values based on the Full Build CN File. This will create the beginning of the Full Build Model 2 6 4.14 Calculate and update the time of concentrations for each drainage area based on the full build landuse 4 8 4.2 Develop Full Build Regional Ponds & Trunk Storm Systems Each undeveloped parcels within the watershed will be evaluated to determine two regional pond and trunkline improvements (parcel size - minimum 40-acres). HydroCAD will be used to optimize the regional pond sizes and verify discharge rates from each parcel meet the pre- and post-condition requirements for the City. The recommended regional pond and trunkline option will be integrated into the Full Build Ponds File and Full Build Model 4 2 10 60 4.31 Model the full build creek crossings (culverts, roadway overtopping, etcetera)4 12 4.32 Model the full build pond’s flood storage volumes 4 16 4.33 Model the full build pond outlets and discharge pipes for the trunk storm sewer system from the pond to the creek 4 16 4.34 Run the Full Build Model and trouble shoot errors. Develop results for the 2, 10, and 100- year, Atlas 14 rainfall events 2 4 4.4 Develop a draft report, summarizing the methodology and results of Tasks 1-4 The report will include a table of Proposed Reginal Stormwater Infrastructure. This table will show the future development parcels, the future pond designs (area, volume, outlet size), and truck storm sewer lengths. The City will be able to use this data to develop a stormwater impact fee for future developments 10 32 4.5 Milestone Meeting 3 – One (1) Progress Meeting This meeting will provide the City and AE2S the opportunity to discuss the results of the “complete” models, the draft table of Proposed Reginal Stormwater Infrastructure, and any other project related concerns 3 3 50$ 4.6 Develop a final report summarizing the methodology and results of Tasks 1-4, including a final table of Proposed Reginal Stormwater Infrastructure . The report will include all figures and a final table of Proposed Reginal Stormwater Infrastructure 4 12 Task Total Hours 250 7 2 55 186 0 Labor Totals 1,505$ 406$ 9,735$ 23,250$ -$ 50$ 34,946$ Project Total Hours 767 55 19 173 496 24 11,825$ 3,857$ 30,621$ 62,000$ 3,552$ 150$ 112,005$ Develop Full Build Hydrologic Parameters Develop one (1) Full Build XPSWMM H&H Model (Full Build Model) Page 3 of 3 Exhibit A3 Study Area Key Assumptions MapOtsego Creek WatershedCity of OtsegoThe City will provide a rating curve for the off siteflows into the study area or AE2S will assume theflows from the crossing are contently at peek flow.Prairie PointDevelopmentApproximate Future Development Area- The City will provide a map (or digital file) ofthe Future Development Parcels (minimum of40 acres per parcel). This information will beused by AE2S to create future drainage areasand storage nodes in Task 4. - AE2S will evaluate two different regional ponddesigns for each future development parcels(provided by the City) in HydroCAD. Update theFull Build Pond File to include the best of thetwo evaluated optionsLegendApproximate Study AreaApproximate Prairie PointDevelopment AreaApproximate Developed AreaApproximate FutureDevelopment AreaApproximate Development AreaThe City will share with AE2S record drawings(organized by development with a developmentindex) for all of the development areas thathave been constructed in the model area(including creek crossings and creek crosssections). 70th Street NE CrossingMason Ave NE CrossingGeneral Key AssumptionsFrom Task 2- The study area will include the watershed for the Otsego Creek from 70th Street Northeast to Mason Avenue Northeast.- The City will share with AE2S record drawings (organized by development with a development index) for all of the developments thathave been constructed in the model area (including creek crossings and creek cross section).- The City will survey all existing creek crossings and creek cross sections that do not have record drawings- The City will share with AE2S existing digital storm sewer files for the model area.- The City will share with AE2S existing and full build digital landuse files for the model area - The City will share with AE2S digital drainage area data available for the study area.From Task 3- There will be a one-to-one pond to drainage area ratio, except for the creek which will have one drainage area for every culvertcrossing.-The SCS curve number method will be used to calculate peak flows for each drainage area. Composite curve numbers will becalculated by intersecting the Drainage Areas Files with the Impervious Surface Files and Soils File in GIS. - Pipes between ponds (and between the creek and adjacent ponds) will be modeled as one pipe section. The pipe size will be the sizeof the upstream outlet and the slope will be the average slope of the total pipe length. The City will provide a rating curve forthe off site flows into the study areaor AE2S will assume the flows fromthe crossing are contently at peekflow.The City will provide a rating curve forthe off site flows into the study areaor AE2S will assume the flows fromthe crossing are contently at peekflow. Exhibit B – Standard Hourly Rates and Reimbursable Expenses Agreement Between Owner and Engineer for Study and Report Professional Services Page 1 This is EXHIBIT B, Standard Hourly Rates and Reimbursable Expenses Schedule, referred to in and part of the Agreement Between Owner and Engineer for Study and Report Professional Services dated October 11, 2022. Engineer’s Standard Hourly Rates and Reimbursable Expenses Schedule Reimbursable Expenses and Standard Hourly Rates in effect on the date of the Agreement are set forth below. Rates are subject to annual adjustment effective January 1. Labor Rates* Administrative 1 $61.00 Administrative 2 $74.00 Administrative 3 $89.00 Communications Specialist 1 $98.00 Communications Specialist 2 $113.00 Communications Specialist 3 $131.00 Communications Specialist 4 $158.00 Communications Specialist 5 $173.00 Construction Services 1 $118.00 Construction Services 2 $145.00 Construction Services 3 $160.00 Construction Services 4 $180.00 Construction Services 5 $198.00 Engineering Assistant 1 $77.00 Engineering Assistant 2 $92.00 Engineering Assistant 3 $116.00 Engineer 1 $125.00 Engineer 2 $148.00 Engineer 3 $177.00 Engineer 4 $203.00 Engineer 5 $215.00 Engineering Technician 1 $75.00 Engineering Technician 2 $96.00 Engineering Technician 3 $117.00 Engineering Technician 4 $131.00 Engineering Technician 5 $149.00 Financial Analyst 1 $104.00 Financial Analyst 2 $118.00 Financial Analyst 3 $142.00 Financial Analyst 4 $155.00 Financial Analyst 5 $172.00 GIS Specialist 1 $98.00 GIS Specialist 2 $118.00 GIS Specialist 3 $139.00 GIS Specialist 4 $155.00 GIS Specialist 5 $173.00 I&C Assistant $98.00 I&C 1 $138.00 I&C 2 $160.00 I&C 3 $183.00 I&C 4 $194.00 I&C 5 $203.00 IT 1 $117.00 IT 2 $159.00 IT 3 $190.00 Land Surveyor Assistant $90.00 Land Surveyor 1 $108.00 Land Surveyor 2 $129.00 Land Surveyor 3 $145.00 Land Surveyor 4 $160.00 Land Surveyor 5 $177.00 Operations Specialist 1 $93.00 Operations Specialist 2 $113.00 Operations Specialist 3 $140.00 Operations Specialist 4 $158.00 Operations Specialist 5 $184.00 Project Coordinator 1 $109.00 Project Coordinator 2 $121.00 Project Coordinator 3 $132.00 Project Coordinator 4 $148.00 Project Coordinator 5 $167.00 Project Manager 1 $188.00 Project Manager 2 $206.00 Project Manager 3 $223.00 Sr. Designer 1 $165.00 Sr. Designer 2 $183.00 Sr. Designer 3 $194.00 Sr. Financial Analyst 1 $194.00 Sr. Financial Analyst 2 $212.00 Sr. Financial Analyst 3 $231.00 Sr. Project Manager 1 $235.00 Sr. Project Manager 2 $254.00 Sr. Project Manager 3 $265.00 Technical Expert 1 $320.00 Technical Expert 2 Negotiable Exhibit B – Standard Hourly Rates and Reimbursable Expenses Agreement Between Owner and Engineer for Study and Report Professional Services Page 2 Reimbursable Expense Rates Transportation $0.65/mile Survey Vehicle $0.85/mile Laser Printouts/Photocopies $0.30/copy Plotter Printouts $1.00/s.f. UAS - Photo/Video Grade $100.00/day UAS – Survey $50.00/day Total Station – Robotic $35.00/hour Mapping GPS $25.00/hour Fast Static/RTK GPS $50.00/hour All-Terrain Vehicle/Boat $100.00/day Cellular Modem $75.00/month Web Hosting $26.00/month Legal Services Reimbursement $250.00/hour Outside Services cost *1.15 Geotechnical Services cost *1.30 Out of Pocket Expenses cost*1.15 Rental Car cost*1.20 Project Specific Equipment Negotiable * Position titles are for labor rate grade purposes only. These rates are subject to adjustment each year on January 1.