5 Award SWMP Contract
CITY OF
CHANHASSEN
7700 Market Boulevarj
PO Box 147
Chanhasserl MN 55317
Administration
Prlone 952227 1100
Fax 952227 1110
Building Inspections
Phoile 9522271180
Fax 9522271190
Engineering
952.227.1160
Fax. 9522271170
Finance
Phiooe 9522271140
Fax 9522271110
Park & Recreation
Pllorle 952.2271120
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RecreallO!1 Cellter
2310 Coullel Boulevard
Plloile 952.2271400
Fax 952.2271404
Planning &
Natural Resources
Phone 9522271130
Fax 9522271110
Public Works
1591 Park Road
Ph,ooe 9522271300
Fax 952.227.1310
Senior Center
PIIOIle 952.2271125
Fax 9522271110
Web Site
WWlvci.cnarlll3sSel'mn.us
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MEMORANDUM
To: Todd Gerhardt, City Manager
From: Lori Haak, Water Resources coordinator~
,¡
Date: October 15, 2004 ðW
Re:
Award Contract for 2004 Surface Water Management Plan Update
ACTION REQUESTED
City staff recommends the City Council adopt the attached resolution
awarding the contract for the 2004 Surface Water Management Plan Update to
Short Elliott Hendrickson, Inc. in the amount of $300,300.00 minus costs
incurred under the advance authorization.
VOTE
Adopting the resolution and awarding the project require a simple majority of
City Council members present.
BACKGROUND
The 2004 Update of the Surface Water Management Plan (SWMP) was
discussed at the City Counci I work sessions on September 27 and October 11.
A number of issues were discussed at these work sessions and addressed in
the memos included in those council packets. There were several outstanding
issues related to phasing the project and the alternates selected. A discussion
of those issues is included below.
DISCUSSION
Project Phasing
During the work sessions, Council requested staff devise a way the City could
track progress toward the completion of a plan that would meet the City's
expectations. To encourage completion of discrete portions of the plan and
minimize risk, City staff and the consultant have devised a three phase plan
for the SWMP update.
The City of Chanhassen · A growing commulllly with cieanlakes. quality schools a clÎa'lTllilg dowlltovm
Wlllljll',g Iralls. oml heautlful parks A (jleal place 10 live. work. oDd play
Todd Gerhardt
October 15, 2004
Page 2 of 5
Phase I ($120,600) will include the following:
1. Project Kickoff Meeting and Coordination/SEH Service Planner
2. Coordinate Data Collection/Verification Process with City Staff
3. Inventory (X, Y, Z) and Inspect Storm Water Infrastructure
4. Input Storm Water Infrastructure into ACCESS/ASIST Compatible Database
5. Compose ArcGIS Coverages
Phase II ($85,000) will include the following
1. Coordination with Relevant Agency/Municipal Contacts
2. Prepare Data Collection and Agency/Municipal Summary Memorandum
3. Three (3) Task Force Meetings - Preparation, Minutes and Follow-up
4. Develop Revised Subwatershed Boundaries/Hydrology from 1994 Plan
5. Update 1994 SWMP HydroCAD Model
6. Evaluate storm water system improvements in ten (10) neighborhoods for Street
Reconstruction Program
7. Develop Protocols for Inspection and Maintenance
8. Develop 5- Year Schedule for Infrastructure Inspection
9. Identify BMPs for Large and Small Construction Sites and Prepare Standard Plan
Details
10. Develop Framework for Public Education Activities
11. Conduct MnRAM 3.0 for Known Wetlands in City
12. Prepare MnRAM data in Electronic Format for GIS
13. Draft Revised Wetland Management Ordinance
14. Identify/Prioritize Wetland Basins for Restoration/Mitigation/Banking
Opportunities
15. Identify/Prioritize Rare and/or Ecologically Significant Natural Resource Areas
16. Preparation for Preliminary Planning Commission and Council Meetings
17. Attend Preliminary Planning Commission and Council Meetings
Phase III ($94,700) will include the following activities:
1. Three (3) Task Force Meetings - Preparation, Minutes and Follow-up
2. Develop Water Quality and Water Quantity Design Standards
3. Evaluate/Revise/Prioritize Storm Water Management Recommendations
4. Evaluate and Revise Lake Management Strategies / Prepare Monitoring
Recommendations
5. Revise Plan Elements as Needed (Flood Protection, Ground Water Recharge,
Recreation, Open Space, Wildlife, etc.)
6. Prepare Draft 20- Year CIP/Budget for the 2004 Plan Acti vities
7. Establish Procedures for Plan Amendments and Review of Other City Plans
Related to the SWMP
8. Evaluate and Make Recommendations on TMDLs Regulations for Listed City
Waters
9. Recommend Changes to Existing Ordinances
10. Prepare and Deliver the Review Draft to City
Todd Gerhardt
October 15, 2004
Page 3 of 5
11. Collect/Address City Comments on Review Draft
12. Prepare and Deliver Draft Plan to City
13. Collect Comments and Prepare Response to Review Agencies
14. Attend Watershed District Review Meetings
15. Prepare and Deliver Final Plan to City
16. Provide Training on HydroCAD, Water Quality and Database Management
Software
17. Project Summary Meeting
Based on the Council's comments, staff has asked SEH to remove Task 3.6 (Evaluate
Storm Water Connection Charges and Utility Fees and Make Recommendations) from
the work plan. This task will be completed by Ehlers and Associates. This decreases the
amount of this contract by $1,500.
Staff has also recognized that drafting of all necessary ordinances can be completed
internally. Task 4.6 has been modified from "Draft Ordinances or Recommend Changes
to Existing Ordinances" to "Recommend Changes to Existing Ordinances." This results
in a savings of $1,300.
This brings the total project cost to $300,300.00. The approved Surface Water
Management budget and CIP (Fund 720) for 2004 include $250,000 for the SWMP
update; the proposed Surface Water Management budget and CIP for 2005 include
$300,000.
Selection of Additional Services
The contract award, as recommended by staff, will add two items to the baseline services
included in the original Request for Proposals (RFP). These items are:
1. Alternate B: Prepare 10 Copies of Draft Agency Review ($6,000): This will
permit City staff to review a preliminary draft of the SWMP in its entirety before
the public review and comment process begins. This additional step will allow
potentially major issues to be identified and resolved before the formal review
timeline begins;
2. Alternate C1: Survey Grade Locate and Shoot Inverts of Structures
($55,200): This will allow the City to gather precise storm water infrastructure
data for its records for areas where this data does not already exist and quality
check existing as-built storm sewer drawings. Additionally, the vertical elevation
(Z coordinate) will allow the City to employ detailed storm sewer modeling
techniques to anticipate, assess and resolve surface water issues in problem areas;
and
3. Evaluate Storm Water System Improvements in Ten (10) Neighborhoods for
Street Reconstruction Program ($15,600): SEH will review and make
recommendations for storm water system improvements for up to ten
neighborhoods in areas scheduled for street reconstruction in approximately the
next five years. The feasibility and benefits of practices including curb and gutter
Todd Gerhardt
October 15, 2004
Page 4 of 5
versus rural sections, regional ponds, rain gardens/bioretention areas and
infiltration basins/systems will be evaluated. This will streamline the storm water
management portion of street reconstruction projects undertaken by the City in
the near future.
The addition of Alternate Cl is the most costly of the three additional services. It is also
the alternate for which ascertaining tangible benefits to Chanhassen residents is most
difficult. For this reason, an example is provided: During the October 11 City Council
meeting, the Council approved a drainage improvement project in the Country Oaks, Oak
Ridge and Stratford Ridge neighborhoods. While the project included grading in rear
yards, it was noted that the water problems for those residents may persist. Due to the
flat nature of the infrastructure in the Country Oaks neighborhood, any additional
resolution of surface water issues would be difficult. Employing Alternate Cl to obtain
highly accurate as-built elevations of all existing storm water infrastructure, City staff
would be able to model the existing situation and identify any problem areas. The
problem areas could then be assessed and solutions recommended within the framework
of the existing infrastructure. Situations like this exist in many of Chanhassen' s
neighborhoods, especially those that were built before detailed as-built information was
required. For this reason, staff recommends including Alternate C 1 in the SWMP Update
contract.
RA TIONALE
The City of Chanhassen's first generation Surface Water Management Plan was
completed and adopted in 1994. Since that time, City staff has used the plan as a tool to
direct the management of storm water throughout the City and as a guiding force in
development planning and review. However, Chanhassen has developed rapidly over the
past 10 years and many of the recommendations are inadequate or no longer feasible.
The projects listed below are the top ten projects completed since April 2000.
Project Number Project Name Year(s) Project Cost
SWMP 12-V Lower Bluff Creek Stabilization~ 2000- 2001 $ 76,531.13
SWMP 12-Z Lotus Lake Regional Pond (LL-P 10.17) *+ 2001 $ 44,465.29
SWMP 19-MMM Bluff Creek Drive Drainage * 2001-2002 $ 10,142.00
SWMP 14-F Lake Susan Lakescaping$ 2002-2003 $ 12,220.61
SWMP 19-KKK Pleasant View Road Pond (LL-P2.4) +* 2003 $ 29,111.16
SWMP 12-X Lake Susan Regional Pond (LS-P3.34) + 2003 $143,619.07
SWMP 12-AA Kings Road Pond* 2003 $ 67,091.00
SWMP 12-Y Bluff Creek Remeandering$ 2003-2004 $114,254.20
SWMP 12-BB Country Oaks Drainage Improvement * 2004 $ 18,450.00
Not Assigned Lake Susan Northern Shoreline*$ 2004-2005 $160,000.00
TOTAL $675,884.46
The above project costs inelude those costs related to construction, not consulting. The project names above with a plus sign are
those projects anticipated by the 1994 SWMP. Those with asterisks are the projects at least partially in response to resident requests.
Those with dollar signs are projects that involve(d) grams or other cost sharing.
Todd Gerhardt
October 15, 2004
Page 5 of 5
It should be noted that the above list of projects does not include surface water
management projects from the 1994 SWMP that have been implemented as a part of
private development or public improvements.
The number of projects that can be efficiently completed in the future will be determined
in part by the detail included in the 2004 SWMP update and the recommendations set
forth therein. The SWMP update will also allow the City to present preliminary plans for
surface water management projects to organizations with grant or other monies available.
This will improve the City's ability to obtain funds from other agencies or organizations
for projects within Chanhassen.
CURRENT STATUS
The City has authorized SEH to begin conducting MnRAM 3.0 for known wetlands in
the City (Task 5.1). The purpose of beginning this project in advance of the award of the
contract for the 2004 SWMP Update is to allow SEH to begin the field work during the
current field season. The fees associated with this portion of the project will not exceed
$10,000.00. Prior to awarding the contract for the 2004 SWMP Update, any hours billed
and fees charged under this authorization will be deducted from the "Surface Water
Management Plan Update Estimated Hours and Project Costs" as amended October 13,
2004.
RECOMMENDA TION
Staff recommends that the City Council adopt the following motion:
"The Chanhassen City Council adopts the attached resolution awarding the contract for
the 2004 Surface Water Management Plan Update to Short Elliott Hendrickson, Inc. in
the amount of $300,300.00 minus costs incurred under the advance authorization."
A TT ACHMENTS
1. Resolution Awarding the Contract for the 2004 Surface Water Management Plan
Update
2. Proposed contract between SEH and City
3. "Surface Water Management Plan Update Estimated Hours and Project Costs" as
amended October 13,2004
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE:
October 25, 2004
RESOLUTION NO:
2004-
MOTION BY:
SECONDED BY:
A RESOLUTION A WARDING THE CONTRACT FOR THE
2004 SURFACE WATER MANAGEMENT PLAN UPDATE
WHEREAS, proposals were received and opened on June 30, 2004; and
WHEREAS, a total of 4 proposals were submitted; and
WHEREAS, through a process of proposal review and consultant interviews, Short Elliott
Hendrickson, Inc. (SEH) was deemed to be the most qualified and cost-effective provider of
requested services; and
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
awards the 2004 Surface Water Management Plan Update Project to Short Elliott Hendrickson, Inc.
(SEH) in the amount of $300,300.00 minus costs incurred under the advance authorization.
Passed and adopted by the Chanhassen City Council this 25th day of October, 2004.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
YES
NO
ABSENT
AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made on the _ day of , 2004, between the CITY
OF CHANHASSEN, a Minnesota municipal corporation, hereinafter called the "CITY", and
SHORT ELLIOTT HENDRICKSON INC., a Minnesota corporation, hereinafter called the
"ENGINEER."
THE CITY and the ENGINEER agree as follows:
1. Contract Documents. The ENGINEER agrees to provide engineering services to the
CITY in accordance with the following contract documents which are incorporated
herein by reference:
A. Agreement for Professional Engineering Services.
B. City of Chanhassen Request for Proposed Surface Water Management
Planning Update May 2004 ("RFP").
C. ENGINEER'S Fee Schedule dated September 17, 2004 ("Fee Schedule").
D. ENGINEER'S response to RFP entitled Proposal for Surface Water
Management Plan Update, Chanhassen, Minnesota dated June 30, 2004,
amended proposal dated August 6, 2004, including alternates "B" and "C",
Scope of Services Amendment No. 2 dated September 17, 2004, and
Estimated Hours and Project Costs amended October 13, 2004.
In the event of conflict among the documents, the conflict shall be resolved in
descending order of priority.
2. Payment. ENGINEER shall be paid for the services described in paragraph 1 on an
hourly basis in accordance with the Fee Schedule, but an amount not to exceed
$300,300 inclusive of reimbursable costs.
3. Method of Payment: The ENGINEER shall submit to the CITY, on a monthly basis,
itemized bills for professional services performed under this Agreement. Bills
submitted shall be paid in the same manner as other claims made to the CITY.
4. Warranty. ENGINEER shall be responsible for the accuracy of the work and shall
promptly make necessary revisions or corrections resulting from errors and
omissions on the part of ENGINEER without additional compensation. ENGINEER
shall exercise the same degrees of care, skill, and diligence in the performance of
the services as is ordinarily possessed and exercised by a professional engineer
under similar circumstances. No other warranty, expressed or implied, is included in
113878v 10
RNK:rI0115/2004
1
this Agreement or in any drawing, specification, report, or opinion produced pursuant
to this Agreement.
5. Termination. This Agreement may be terminated by either party by two (2) days'
written notice delivered to the other party at the address written above. Upon
termination under this provision if there is no fault of the ENGINEER, the ENGINEER
shall be paid for services rendered and reimbursable expenses until the effective
date of termination. If however, the CITY terminates the Agreement because the
ENGINEER has failed to perform in accordance with this Agreement, no further
payment shall be made to the ENGINEER, and the CITY may retain another
engineer to undertake or complete the work identified in Paragraph 1.
6. Subcontractor. The ENGINEER shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the CITY. The
ENGINEER shall pay any subcontractor involved in the performance of this
Agreement within ten (10) days of the ENGINEER'S receipt of payment by the CITY
for undisputed services provided by the subcontractor. If the ENGINEER fails within
that time to pay the subcontractor any undisputed amount for which the ENGINEER
has received payment by the CITY, the ENGINEER shall pay interest to the
subcontractor on the unpaid amount at the rate of 1-1/2 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid
balance of $100 or more is $10. For an unpaid balance of less than $100, the
ENGINEER shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
ENGINEER shall be awarded its costs and disbursements, including attorney's fees,
incurred in bringing the action.
7. Independent Contractor. At all times and for all purposes herein, the ENGINEER is
an independent contractor and not an employee of the CITY. No statement herein
shall be construed so as to find the ENGINEER an employee of the CITY.
8. Non-Discrimination. During the performance of this Agreement, the ENGINEER
shall not discriminate against any employee or applicants for employment because of
race, color, creed, religion, national origin, sex, sexual orientation, marital status,
status with regard to public assistance, disability, or age. The ENGINEER shall post
in places available to employees and applicants for employment, notices setting forth
the provisions of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The ENGINEER shall
incorporate the foregoing requirements of this paragraph in all of its subcontracts for
program work, and will require all of its subcontractors for such work to incorporate
such requirements in all subcontracts for program work.
9. Assiqnment. Neither party shall assign this Agreement, nor any interest arising
herein, without the written consent of the other party.
113878vl0
RNK:rI0115/2004
2
10. Indemnification. The ENGINEER agrees, to the fullest extent permitted by law, to
indemnify and hold CITY harmless from any damage, liability, or cost (including
reasonable attorney's fees and costs of defense) to the extent caused by
ENGINEER'S negligent acts, errors, or omissions in the performance of professional
services under this Agreement and those of his or her subcontractors or anyone for
whom the ENGINEER is liable.
11. Insurance.
A. General Liability. During the term of this Agreement, ENGINEER shall
maintain a general liability insurance policy with limits of at least $2,000,000
for each person, and each occurrence, for both personal injury and property
damage. This policy shall name the CITY as an additional insured for the
services provided under this Agreement and shall provide that the
ENGINEER'S coverage shall be the primary coverage in the event of a loss.
The policy shall also insure the indemnification obligation contained in
Paragraph NO.1 O.
B. Worker's Compensation. The ENGINEER shall secure and maintain such
insurance as will protect ENGINEER from claims under the Worker's
Compensation Acts and from claims for bodily injury, death, or property
damage which may arise from the performance of ENGINEER'S services
under this Agreement.
C. Professional Liability Insurance. The 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 CITY, in the insured's capacity as ENGINEER, if such legal
liability is caused by an error, omission, or negligent act of the insured or any
person or organization for whom the insured is legally liable. Said policy shall
provide minimum limits of $2,000,000 with a deductible maximum of
$125,000.
D. Certificate of Insurance. A certificate of insurance on a form acceptable to the
CITY which verifies the existence of this insurance coverage must be provided
to the CITY before work under this Agreement is begun. The certificate shall
provide that such insurance cannot be cancelled until 30 days after the CITY
has received written notice of the insurer's intention to cancel the insurance.
12. Records Access. The ENGINEER shall provide the CITY access to any books,
documents, papers, and record which are directly pertinent to the specific contract,
for the purpose of making audit, examination, excerpts, and transcriptions, for three
years after final payments and all other pending matters related to this Agreement
are closed.
113878vlO
RNK:rl0I15/2004
3
13. Data Privacy. The ENGINEER shall comply with the Minnesota Statutes Chapter 13,
The Minnesota Government Data Practice Act. The ENGINEER shall not disclose
non-public information except as authorized by the Act.
14. Ownership of Documents. All plans, diagrams, analyses, reports, and information
generated in connection with performance of the agreement shall become the
property of the CITY. The CITY may use the information for its purposes.
15. Governinq Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
16. Permits. ENGINEER shall obtain all necessary permits required for completion of
ENGINEER'S services.
Executed as of the day and year first written above.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager.
SHORT-ELLlOTT-HENDRICKSON INC.
By
Its
113878v 10
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