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1h. Approve Consultant Servies for Surface Water Management Project on Curry Farms and the Christmas Lake CreekCITY OF I k � HANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 ' MEMORANDUM ' TO: Charles Folch, Public Works Director FROM: Diane Desotelle, Water Resources Coordinator�� DATE: October 30, 1995 ' SUBJ: Curry Farms Pond and Christmas Creek Surface Water Management Project Consultant Services ' File No. SWMP -12J ' BACKGROUND The City has agreed to analyze the Curry Farms' stormwater pond and the Christmas Lake creek erosion just east of Powers Boulevard near Pleasant View Cove as part of the City's priority water ' quality projects. The Christmas Lake Association recently petitioned the City to assess the functional capabilities of the Curry Farms' stormwater pond and address the sink hole on the east side of Powers Boulevard at the Christmas Lake creek. The association also asked the City to ' analyze the erosion along the entire creek before entering Christmas Lake. However, the creek is not under a drainage and utility easement and it does not seem to be a high priority at this time. ' ANALYSIS Staff met with Montgomery Watson and they have submitted the attached scope of work for the project. At this time, staff would like to take the opportunity to contract the water quality /quantity ' project to a new in order to spread the work around and get different methods for performing these tasks. ' RECOMMENDATION Staff recommends that Montgomery Watson be awarded the Surface Water Management Project on the Curry Farms' stormwater pond and Christmas Creek starting immediately and terminating in mid -1996 after completion of the project. Cog= TiCAi. ENCINEE,9l; e 0,; ' DD:ktm Received Attachment: Agreement for Professional Consulting Services Revision No. Approved 4y Ot w�^r� no g:\ eng \diane\swmp\cunyfms\montgmry.cc Date U= y ! s - Approved by Ci ty C cnci Des AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN THE CITY OF CHANHASSEN ( "CITY ") AND MONTGOMERY WATSON AMERICAS, INC. ( "CONSULTANT") FOR SERVICES WHEREAS: A. The Consultant desires to perform certain duties for the City in accordance with the terms of this Agreement. B. The City desires to employ the Consultant to perform certain duties in accordance with the terms of this Agreement. NOW, THEREFORE, the parties agree as follows: Independent Contractor. The City hereby retains the Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the City and is free to contract with other entities as provided herein. The Consultant shall be responsible for selecting the means and methods of performing the work. 2. Term. The Consultant shall commence services on November 14. 1995 and shall pursue services diligently. This Agreement shall terminate upon completion of Consultant's services provided under this Agreement, except that if Consultant's services have not been completed by Julv 31. 1996, the Agreement shall terminate no later than Aug_ ust 15. 1996, unless otherwise provided by the parties in writing. The City reserves the right, however, to cancel this Agreement at any time it deems to be in the best interest of the City,upon giving written notice to the Consultant. If this Agreement is canceled under this provision, the City shall pay the Consultant for the time spent and reasonable expenses actually incurred under this Agreement prior to the date of notification of cancellation. The Consultant shall have no other recourse against the City for cancellation under this provision. 3. Duties. The City engages Consultant to perform services in accordance with the attached Exhibits "A" (scope of work) and `B" (fee schedule) which are made a part of this agreement. 4. Citv Documents. Consultant may not remove original City documents from City Hall. However, Consultant may copy original documents and may then remove the copies from City Hall if necessary to perform the Duties specified under Paragraph 3 of this Agreement. 5. Pavment. The City shall pay Consultant a not -to- exceed total of $19,540 for Tasks 1 through 4 on Exhibit "A ", and an estimated budget of $1,800 for Task 5 on Exhibit "A" (Task 5 will follow the hourly rate schedule on Exhibit `B ") for services rendered pursuant to this Agreement. Application for payment shall be made monthly on the basis of percent of completion of services and the City shall pay Consultant's bill within 30 days of receipt of Consultant's bill and report of services rendered. 6. Indemnification and Insurance. ' Indemnification. The Consultant shall defend, hold harmless, and indemnify the City, its officers, agents, and employees, for and against any and all claims, demands, actions, or causes of action, of whatever nature or character, caused by ' the negligent acts, errors or omissions in the Consultant's performance of work or services provided for herein. Insurance. The Consultant shall purchase and maintain insurance to protect Consultant from claims under the Worker's Compensation Acts. The Consultant shall provide the City with evidence of insurance in the form of a certificate from the insurer naming all policies no later than fifteen (15) days after the execution of this Agreement. 7. Fairness in Emnlovment. The Consultant is not an employee of the City, but a contractor who may contract with others for specific services. It is agreed that the Consultant shall, to the best of her knowledge, contract with only parties who: Pay their employees the prevailing salaries or wages of the area; Withhold taxes as provided by law; and Do not discriminate against any employee or applicant because of race, sex, color, religion, age, or national origin. 8. Interest By City Officials. No elected official, officer, or employee of the City shall, during his tenure of employment and for one year thereafter, have any interest, direct or indirect, in this Agreement or proceeds thereof. 9. Covenant Against Contineent Fees. The Consultant warrants that Consultant has not employed any person to solicit or secure this Agreement for a commission, percentage, brokerage, or contingent fee. 10. Covenant Against Vendor Interest. The Consultant warrants that Consultant is not employed by any vendor of equipment or service provider that could result in a commission, percentage, brokerage, or contingent fee as a result of the Consultant's association with the City. 11. Extra Services. No claim will be honored for compensation for extra services or beyond the scope of this Agreement without written submittal by the Consultant, and approval of an amendment by the City, with specific estimates of type, time, and maximum costs prior to commencement of the work. 12. Records. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. -2- 13. Work Product. All materials, including but not limited to reports, exhibits, models, maps, charts, computer data, and supporting documentation produced under work authorized by this Agreement shall become the property of the City upon completion of the work or termination of this Agreement. 14. Notices. Pursuant to this Agreement, notices shall be hand delivered or mailed as follows: AS TO CITY: City of Chanhassen Coulter Drive, Box 147 Chanhassen, Minnesota 55317 Telephone: (612) 937 -1900 AS TO CONSULTANT: Montgomery Watson Attn: Ed Matthiesen, Project Manager Waterford Park 505 U.S. Highway 169 Minneapolis, Minnesota 55441 Telephone: 593 -9000 15. Governiniz Law. This Agreement shall be governed by the laws of the State of Minnesota. 16. Assignment. The Consultant may not assign or subcontract any of the services to be performed hereunder without the written consent of the City, which consent shall not be unreasonably withheld. 17. Modification. This Agreement shall not be modified, amended, rescinded, waived, or terminated without the approval in writing of the City. IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement this day of CITY: CITY OF CHANHASSEN , 1995. CONSULTANT: Donald J. Chmiel, Mayor AND Don Ashworth, Manager /Clerk g:\ eng \diane \swmp \curryfms \montgmry.ctr -3- I EXHIBIT A ' SCOPE OF WORK CURRY FARMS DRAINAGE TO CHRISTMAS LAKE ' INTRODUCTION ' The purpose of this project is to reduce erosion occurring in the ravine paralleling Pleasant View Cove and repair the outlet to the pond on the west side of Powers Boulevard and east of Bretton Way. The continued bank erosion is resulting in sediment accumulation in ' Christmas Lake and potential slope stability problems for Pleasant View Road and Powers Boulevard in the future. The unrepaired outlet results in not treating the stormwater to the full design potential. Additionally, the subwatershed and pond design win be analyzed to ' maximize runoff treatment in this area. This project will do the following: ' 1. 2, 3, 4. ' Task 1 - Water R Obtain detailed information necessary to analyze the problem Conduct a feasibility analysis of up to four alternatives Prepare a draft feasibility report, meet with city staff and citizens if appropriate to review alternatives, and produce a final report Prepare design drawings and specifications for use with the standard Chanhassen specifications Survey Main Channel Bottom and Pleasant View Road Surface unoff Ravine ' Objective. The objective of this task is to prepare detailed surveys of the channel and pond bottoms so an accurate analysis can be conducted. Approach. Montgomery Watson will subcontract a local surveying fire to prepare a survey of the channel bottom and cross sections. It is anticipated that cross sections will be taken at five locations, three in the channel and two in the pond. The surveying firm will prepare a scale drawing of the cross sections and profiles of the two channel bottoms. ' Work Products. ' Main channel and Pleasant View Road ravine profiles cross sections • Two pond cross sections Task 2 - Conduct Feasibility Analysis Objective. The objective of this task is to analyze selected alternatives and prepare a prelin - dnary cost estimate. ' Approach. Montgomery Watson will analyze the following alternatives based on such considerations as hydrologic/hydraulic effect, capital costs, operation and maintenance costs, and aesthetics, Based on our discussions of Tuesday, October 17, 1995 and a site ' visit, the following are the alternatives to be examined: L I I, , ' d 5- 66S 2T9 HOSiHM J,J3l Wd b : GAT SE i �- t i, ik] M . 1. Reduce the flow rate into the main channel by storing more water on the west side of Powers Boulevard. 2. Bioengineering for channel and bank protection within 30 feet downstream of Powers Boulevard and the outlet area within Christmas Lake. 3. Install physical protection to the banks and channel such as riprap, concrete, extended pipe lengths, rock check darns, low flow pipes, etc., for an area within 34 feet of the downstream side of Powers Boulevard. 4. Reroute surface flow on Pleasant View Road to some other basin or add a flow restriction. 5. Collect the surface water runoff from Pleasant View Road and discharge by a pipe or lined channel to the bottom of the maim channel, 6. Repair the outlet to the pond west of Powers Boulevard and east of Bretton Wa The HydroCad model will be used to determine design flow rates and existing ponds capable of storing more water. It is anticipated the only modifications to the existing model will be to include the new field survey information. A table will be prepared showing alternative, initial construction cost, annual operating and maintenance costs, and comments on the advantages and disadvantages, Work Products. • HydroCad analysis for increasing storage on existing ponding areas within existing easements • Predesign sketches for reviewed alternatives • Preliminary cost estimates for reviewed alternatives • Table comparing various alternatives Task 3 - Prepare Draft Feasibility Report and beet with City Staff and Citizens Objective. The objective of this task is to prepare a draft memorandum and meet with city staff and citizens to select an alternative for design and construction. Approach. It is apparent that there is considerable property owner interest in this project. It is therefore recommended that citizen meetings be scheduled to present the draft feasibility report. Progress meetings would be held with city staff as needed until final plans are completed. It is estimated three meetings with city staff would be held. Work Products. • Agenda and meeting summaries for citizen and staff meetings • Draft feasibility report • Final feasibility report d S,2,66 -6S c T 9 HOSiU �1 J,c13110 -9iHO J 4JH= 7 :OT S6 : 2.0 r5aOhJ 1 ' Task 4 - Prepare Draft and Final Design Drawings 1 Objective. The objective of this task is to produce drawings and specifications that are easy to bid and construct. Approach. Montgomery Watson will prepare bid package sets at the 30% and 75% ' stages for review by city staff to ensure the constructability of the project. Work Products. ' • Draft drawing and specification sets at 30% and 90% • Final drawing set and specifications Task 5 - On -Site Observation Objective. The objective of this task is to ensure that the selected contractor is providing materials and workmanship in accordance with the construction documents. Approach. Montgomery Watson will provide part-time, on -site construction ' management services. We are estimating the contractor will take seven working days. Work Products. ' • Photographs and log of work in progress • Daily observation reports • Correspondence with the contractor ' • As -built drawings Estimated Cost Task 1 $ 2,650 Task 2 4,265 ' Task 3 7,515 Task 4 5 1 0 Lump Sum for Tasks 1 -4 819,540 ' Estimated Task. 5 1,800 C L' S!r' SLF.6 IcES 2T9 hJOSJIdM ,�, 36Jn:�1NClJ WHr't7:0T S5. :?0 ,,,,, f..� MONTGOMERY WATSON EXHIBIT B * The hourly rates include salary, salary overhead and profit. * *Rates are reviewed and adjusted on an annual basis. * * *To be determined on an individual basis. I I SWR95 Waterford Park Tel: 612 593 9000 505 U.S. HIgway'169, Suite 555 Fax: 612 yy3 ya /5 Minneapolis, Minnesota 55441 Serving the World's Environmenrof Needs S'L66 EGG GT9 NOL1lzlP'1 AJ3 405iNOW 6WUN7 : i0T / %; **1 MONTGOMERY WATSON MUNICIPAL 1995 WATER RESOURCES DIVISION SCHEDULE OF HOURLY RATES FOR ENGINEERING FEES* Effective 01/95 BILLING CLASSIFICATION RATE ** Oil Senior Company Officer * ** Oil Principal Professional 11 180.00 012 Principal Professional 1 130.00 013 Supervising Professional 105.00 014 Senior Professional 88.00 015 Professional 73.00 016 Associate Professional 59.00 017 Assistant Professional 44.00 021 Senior Designer 82.00 022 Designer 63.00 023 Drafter 52.00 031 Senior Resident Engineer 99.00 032 Resident Inspector 50.00 151 Principal Administrator 130.00 152 Senior Administrator 74.00 153 Administrator 58.00 154 Secretary 48,00 155 Word Processing Operator 59,00 156 Data processor 47.00 157 Reproduction Typist 47.00 1513 Clerk 37.00 * The hourly rates include salary, salary overhead and profit. * *Rates are reviewed and adjusted on an annual basis. * * *To be determined on an individual basis. I I SWR95 Waterford Park Tel: 612 593 9000 505 U.S. HIgway'169, Suite 555 Fax: 612 yy3 ya /5 Minneapolis, Minnesota 55441 Serving the World's Environmenrof Needs S'L66 EGG GT9 NOL1lzlP'1 AJ3 405iNOW 6WUN7 : i0T / %; **1