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1j Award 2004 SWMP Contract CITY OF CHANHASSEN 7700 Market Boulevard POBox 147 CI'lar:llass8Ii WI 55317 Administration PllOne 952.2271100 Fax 952227.1110 Building Inspections Phore 952.227.1180 Fax 9522271190 Engineering Pholle 952227 1160 Fax 952227 1170 Finance 952227.1140 Fax 952227.1110 Park & Recreation Phone 952227 1120 Fax 952.227.1110 Recrea!lorl Celller 2310 Coulter Boulevard Pholle 952 227 1400 Fax 9522271404 Planning & Natural Resources Phone 952227 1130 Fax. 952.227.1110 Public Works 1591 Park Roar! Phone 952.227.130(j Fax 9522271310 Senior Center Prlo'le 952.227.1125 Fax 952.227 1110 Web Site WViW',C i, chanhass811.ll i lì, us MEMORANDUM To: Todd Gerhardt, City Manager From: Lori Haak, Water Resources Coordinator ..¿,.¡ /., ð K':\\../. Date: November 8, 2004 ' 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 Council work sessions on September 27 and October 11, and at the October 25 City Council meeting. At its October 25 meeting, the Council requested staff work with the consultant to revise the contract to incorporate a payment schedule based on project phasing. DISCUSSION 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. This plan is outlined in the "Surface Water Management Plan Update Estimated Hours and Project Costs" as amended October 13, 2004 (Attachment 4). The Council also requested the contract be revised to establish a payment schedule based on the completion of each project phase. This is included in Section 3 of the contract (Attachment 2). The City of Chanhassen · A groWlIIg commullity with ciean lakes trails alld beaul!lul í:arks A work. and olay Todd Gerhardt November 8,2004 Page 2 of 2 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. Request for Proposals (RFP). 4. "Surface Water Management Plan Update Estimated Hours and Project Costs" as amended October 13, 2004. g:\eng\lori\swmp\2004 swmp update\consultant selection\110804 cc award memo. doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: November 8. 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 8th day of November, 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: . Payment for each task or subtask as described in the followinQ + paraqraphs shall be for the billable hours and reimbursable expenses charged to the task or subtask. Payment for the project in full is subject to the not-to-exceed contract limit of $300,300. If billinqs for a task or subtask exceed the estimated hours and project cost incurred by the ENGINEER for the completed portions of the project to date, the CITY may reduce payment to ensure that the not to exceed contract limit is met. 113878v11 RNK:r1 0/29/2004 (F~~;;;~t;d-;-¡~dent'L;ft;-(j;;:'--- Hanging: 0.5" Deleted: The ENGINEER shall submit to the CITY. on a monthly basis. itemized bills for professional services performed under this I Agreement. Bills submitted shall be I paid in the same manner as other l claims made to the CITY. ~':;;;;tt~d;ï~d~~t;L;ft:-o.5';---l .Task 1 - Project Initiation I Data Collection Payment for Task 1 shall be made fOllowinq ENGINEER deliverinq the data collection memorandum. as described in Subtask 1.4. to CITY staff. .Task 2 - Public Input and Involvement Process Payment for fees incurred under Task 2 shall be made on a per-meetinq basis. ENGINEER shall be paid for each of the 10 meetinqs prepared for and attended under this task. Task 3 - Update 1994 Surface Water Manaqement Plan Payment for Task 3 shall be based on the completion of each Subtask, except for Subtasks 3.4 and 3.88. Completion of each task is defined, for example, as the submittal of the electronic GIS file (Task 3.1) or the document describinq recommendations (Task 3.2) to CITY staff. Payment Subtask 3.4 shall be made upon completion of and delivery of the preliminary model to CITY staff. We anticipate that the preliminary model will be at the 80 percent complete staqe. Payment for the balance shall be made followinq revisions to and delivery of the final model. Payment for Subtask 3.88 shall be made followinq delivery of the recommendation memorandum for each to the ten (10) study areas. Task 4 - Coordinate Plan Update with NPDES MS4 Permit Payment for Task 4 shall be based on the completion of each Subtask, except for Subtasks 4.1 and 4.3. Completion of each task is defined, for example, as the submittal of the document describinq recommendations (Task 4.6) to CITY staff. Payment for Subtask 4.1 shall be made in equal amounts of the total subtask cost at the 25, 50 75 and 100 percent complete staÇJes. Completion of the each 25 percent interval is based on the delivery of electronic raw survey and field data to CITY staff collected for approximately 25 percent of the estimated structures (e.q., 1125 of 4500). Payment for Subtask 4.3 shall be made in equal amounts of the total subtask cost at the 25, 50 75 and 100 percent complete staqes. Completion of the each 25 percent interval is based on the delivery of GIS coveraqe data to CITY staff for approximately 25 percent of the estimated structures. .Task 5 - Develop Comprehensive Wetland Management Plan Payment for Task 5 shall be based on the completion of each Subtask, except for Subtasks 5.1 and 5.2. Completion of each task is defined, for example, as the submittal of the document describinq recommendations (e.q.. Task 5.3 - delivery of draft wetland manaqement ordinance) to CITY staff. 113878vll RNK:rlO/29/2004 2 ~~----'-~-'~-~ lF~r':f1~t:t:~~:.~.?."t:JEefau-'.t)f\n~_ l!.~~':f1~t:t:~~~?_~~:SE-,,!ault)~t~J l~orm'!t:t:~~~?"!J~~~l.f\:~-,--_J f Formatted: Font: (Default) Arial ì '---------.---..--.-..-.--..........-/ ~matted: Font: (Default) Arial J' --~-_._.._---- Payment for Subtask 5.1 and 5.2 shall be made on a monthly basis followinq delivery of the MnRAM data collected and prepared in GIS format in the precedinQ month. Task 6 - Surface Water Management Plan Completion Payment for Task 6 shall be based on the completion of each Subtask, except for Subtask 6.4. Payment for fees incurred under Subtask 6.4 shall be made on a per- meetinq basis. ENGINIEER shall be paid for each of the three (3) meetinqs prepared for and attended under this task. 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 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, except that ENGINEER will not be paid for incomplete tasks or subtasks set forth in paraqraph 3 above. I~ 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. 113878vll RNK:rlO/29/2004 3 L~()r:.~~~E!~:_~~,~:_(,~~f~~'t)~~~~___,.j { Deleted: however: 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. 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. 8. 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 ] 13878vll 4 RNK:rlO/29/2004 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. 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. 113878vll RNK:rlO/29/2004 5 113878vll RNK:rlO/29/2004 6 By Its CITY OF CHANHASSEN REQUEST FOR PROPOSALS SURFACE WATER MANAGEMENT PLAN UPDATE MA Y 2004 SECTION 1: GENERAL INFORMATION Contract Administration All correspondence regarding this RFP and the proposed project must be addressed to: Lori Haak Water Resources Coordinator City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Acceptance of Proposal Contents The contents of this RFP and proposal will become contractual obligations if a contract ensues. Failure of the Consultant to meet these obligations may result in cancellation of the award. All information in the proposal is subject to disclosure under the provisions of Minnesota Statutes Chapter 13 - Minnesota Government Data Practices Act. SECTION 2: WORK STATEMENT Introduction The Consultant will be responsible for the preparation of an updated Surface Water Management Plan (SWMP). The SWMP shall be a single, comprehensive plan for the City of Chanhassen that will address the City's water resources needs now and in the future. The SWMP shall be succinct and user-friendly. The City shall retain ownership of the completed report and all associated maps and data. The SWMP shall be developed in close collaboration with City staff including, but not limited to, the Water Resources Coordinator. This RFP is outcome-based. It does not outline the precise methods to be used in the course of the SWMP update. Proposals should provide details as to how the Consultant intends to address each of the ten (10) work items below, as well as a cost for each. Request for Proposals Surface Water Management Plan Update Ma y 2004 Page 2 of 8 Work Items The Consultant completing the Surface Water Management Plan update will: 1) Revise 1994 Surface Water Management Plan a) Evaluate and revise major and minor subwatershed boundaries as needed i) Compose ArcGIS coverages for: (1) Major subwatersheds (2) Minor subwatersheds b) Evaluate water quality and water quantity design standards c) Evaluate, revise and prioritize storm water management ponding (water quality and water quantity) and infrastructure recommendations as needed i) Update HydroCAD model from 1994 SWMP d) Evaluate and revise lake management strategies as needed i) Develop lake monitoring recommendations e) Evaluate and make recommendations regarding storm water connection charges and storm water utility fees f) Incorporate and revise (if necessary) other elements of the 1994 Surface Water Management Plan including, but not limited to: i) Flood protection ii) Groundwater recharge iii) Recreation, open space and wildlife habitat 2) Ensure compliance with NPDES Phase II MS4 permit a) Inventory and inspect all storm water infrastructure i) Input storm water infrastructure data into existing database (AS 1ST) ii) Compose ArcGIS coverages (using GPS) for surface water management infrastructure including, but not limited to: (1) Outfalls (as defined in the permit) (2) Storm water ponds (3) Wetlands (approximate boundaries) (4) Storm sewer pipes (5) Storm sewer manholes (6) Sump catchbasins b) Develop protocols for storm water infrastructure inspection and maintenance c) Develop a 5-year schedule for infrastructure inspection d) Draft ordinances as required by permit or recommend changes to existing ordinances as needed e) Identify recommended Best Management Practices (BMPs) for large and small construction sites and provide standard details f) Develop a framework for public education 3) Achieve compliance with applicable plans and controls, including: a) Carver County b) City of Chanhassen Comprehensive Plan c) Federal Emergency Management Agency d) Hennepin County e) Lower Minnesota River Watershed District Request for Proposals Surface Water Management Plan Update May 2004 Page 3 of 8 f) Metropolitan Council g) Minnehaha Creek Watershed District h) Minnesota Board of Water and Soil Resources i) Minnesota Department of Health j) Minnesota Department of Natural Resources k) Minnesota Department of Transportation I) Minnesota Environmental Quality Board m) Minnesota Pollution Control Agency n) Riley-Purgatory-Bluff Creek Watershed District 0) United States Army Corps of Engineers p) United States Environmental Protection Agency q) United States Fish and Wildlife Service r) Minnesota Rule 8410 s) Minnesota Rule 8420 t) Minnesota Statute 103B.231, Subd. 6 u) Adjacent communities 4) Develop a Comprehensive Wetland Management Plan a) Conduct MinRAM 3.0 for all wetlands i) Provide data in an electronic format that can be integrated into GIS b) Draft revised wetland management ordinance c) Identify and prioritize wetland basins for restoration/mitigation/banking opportunities 5) Identify and prioritize rare and/or ecologically significant natural resource areas based on forestry, habitat and water resource issues 6) Prepare a draft 20-year Capital Improvement Plan (CIP) and budget that will accomplish the recommendations set forth in the 2004 Surface Water Management Plan and provide for maintenance of infrastructure as needed a) Establish a policy for addressing project requests that are not included in the CIP 7) Provide opportunity for public input and involvement a) Coordinate no more than 6 meetings of a 7 to 10 member task force (to be identified by City staff) b) Attend one (1) meeting each of the Planning Commission and the City Council to review and provide general information on the updated Surface Water Management Plan c) Attend one (1) meeting each of the Planning Commission and the City Council for final approval of the updated Surface Water Management Plan 8) Establish procedures for Surface Water Management Plan-related activities a) Surface Water Management Plan amendment b) Review of other plans for compliance with Surface Water Management Plan 9) Anticipate the impact of Total Maximum Daily Load (TMDL) regulations on City operations and include recommendations in the Surface Water Management Plan 10) Provide training for City staff on any models or other software used in the updated Surface Water Management Plan Request for Proposals Surface Water Management Plan Update May 2004 Page 4 of 8 Documentation All maps or diagrams prepared for the Surface Water Management Plan shall be prepared in ArcGIS. All documents and data sheets must be prepared using Microsoft Windows products (Year 2000 or later). All input and output data files for hydrologic, hydraulic and water quality models shall be provided in an electronic format as well as hard copy, where appropriate. The Consultant shall work with City staff to choose suitable modeling software. SECTION 3: PROPOSALS The proposal shall contain the type of information summarized below. Additional information is allowable as long as it is directly relevant to the proposed subject. Proposal Format The proposal should follow the Table of Contents listed below. The eight (8) sections of the proposal should be separated using tabs. I. General Information II. Project Understanding III. Project Approach IV. Proposed Project Team and Experience V. Schedule VI. Fee Quotation VII. Proposed Modifications to Scope VIII. Additional Information A brief description of each section is included below. I. General Information General information and a brief history of the consultant's firm. Include similar information on key subconsultants, if any, proposed for the project. I/. Project Understanding A summary of the consultant's understanding of the project. II/. Project Approach Provide specific approaches, methods and assumptions that will be utilized to accomplish each work item. Include a statement about the consultant's approach to quality assurance and document management. The project approach should include a systematic collaboration of the Water Resources Coordinator or her designee and the Consultant's project team. Request for Proposals Surface Water Management Plan Update May 2004 Page 5 of 8 The project approach should include a systematic collaboration of the Water Resources Coordinator or her designee and the Consultant's project team. IV. Proposed Project Team and Experience · Identify the key project team members and describe their specific roles on the project. Include key team members from subconsultant firms. · Describe relevant experience and provide information on at least three (3) reference projects completed in the last five (5) years. · Include one-page resumes for key members of the project team, including field personnel. · Include specific descriptions of proposed team members' roles on reference projects. Provide a contact name and information for each of the work items. V. Schedule A proposed schedule for the SWMP update from commencement to completion, including breakdowns for the completion of each of the ten (10) work items. VI. Fee Quotation Proposals shall include a cost estimate for completion of the project described that is based on an hourly fee not to exceed the contract amount. The estimate should include detailed estimates of the number of hours to be worked by specific project team members on each major work item. A cost estimate summary for each of the ten (10) work items outlined in this RFP shall also be included. The fee quote will be used to estimate overall project costs and as a basis to commence contract negotiations. Include the name and phone number of the person(s) in the organization who is authorized to negotiate the proposed contract with the City. A single firm shall administer the contract. All billings will be routed through this firm. VII. Proposed Modifications to Scope The proposal shall discuss any proposed modifications to the scope outlined herein that the Consultant may feel are necessary to ensure that the Surface Water Management Plan is in compliance with statutes, rules and other requirements. These modifications and the cost estimates associated with them shall be clearly identified within the proposal. The outline of work items provided by the City is for general guidance only and may be modified as appropriate with City approval. VIII. Additional Infomzation Include any other information that is believed to be pertinent, but not specifically requested elsewhere in this RFP. Submission of Proposal Please provide 5 copies of the proposal for the evaluation process. One copy shall be unbound. .~ Request for Proposals Surface Water Management Plan Update Ma y 2004 Page 6 of 8 Proposals should be addressed to: Lori Haak Water Resources Coordinator City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Proposals will be accepted until 12:00 p.m. on June 30, 2004. SECTION 4: CONSULT ANT SELECTION Proposals will be reviewed and evaluated by City staff on the basis of the following criteria: · Consulting firm and key project staff experience with surface water management planning, applicable regulations, wetland classification and management, and public participation · Proposed approach to completing the project · Proposed project schedule · Proposed fee Following the review of written proposals, consultants may be asked to make oral presentations of their proposals to City representatives. SECTION 5: TERMS AND CONDITIONS 1) The City reserves the right to contract only for portions of the plan update. Deletions of specific components, such as individual project meetings, will be at the discretion of the City. 2) If, for any reason, a firm is not able to commence the services in that firm's proposal within 30 days of the award, the City reserves the right to contract with another qualified firm. 3) The City will pay the Consultant for services based on the not-to-exceed fee quotation approved in the proposal or agreed in negotiation. 4) The City shall not be liable for any expenses incurred by the Consultant prior to the signing of a contract including, but not limited to, proposal preparation, attendance at interviews or final contract negotiations. 5) The proposal must be signed in ink by an official authorized to bind the Consultant to its provisions. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least 90 days from the date of the proposal. 6) The Consultant shall supply 40 copies (20 printed, 20 on compact disc) of the first draft report and associated maps and 75 copies (25 printed, 50 on compact disc) of the Request for Proposals Surface Water Management Plan Update May 2004 Page 7 of 8 final report and associated maps as part of the contract. A cost per additional copy shall be furnished in the proposal. 7) The City shall retain ownership of all plans, maps, reports and data prepared under this proposal. The City may reproduce any or all portions of the SWMP at its discretion. 8) If, for any reason, the Consultant is unable to fulfill the obligations under the contract in a timely and proper manner, the City shall reserve the right to terminate the contract by specifying the date of termination in a written notice to the firm a minimum of 30 calendar days prior to the termination date. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. 9) The City reserves the right to reject any and all proposals or to request additional information from any or all consultants. 10) The Consultant shall not assign or transfer any interest in the contract without prior written consent of the City. 11) The Consultant shall maintain comprehensive general liability insurance in accordance with Section 466.04 of the Minnesota Statutes. 12) The Consultant shall defend, indemnify and hold harmless the City of Chanhassen, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the Consultant's (including its officials, agents, subconsultants or employees) performance of the duties required under this Agreement, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Consultant. 13) The Consultant shall enter into a contract with the City regarding the Surface Water Management Plan update. The terms of the contract shall be agreed upon and the contract shall be executed prior to the Consultant commencing work on the update. 14) The consultant contract shall be governed by the laws of the State of Minnesota. 15) Project summaries shall be submitted with each invoice during the course of the project. Each summary shall detail the amount billed to date, work items that need to be completed, the estimated costs to complete these tasks and the projected timeline for the completion of the project. Invoices submitted to the City shall include a detailed breakdown of times, personnel, mileage, etc. chargeable for that period. 16) If the Consultant has prepared similar documentation for other clients and those documents are used in preparing this Surface Water Management Plan update, the City shall not be responsible for costs related to the preparation of the initial document. The City shall only reimburse for costs related to the updating of the document for incorporation into the City's updated Surface Water Management Plan. SECTION 6: ATTACHMENTS The Consultant should contact Lori Haak to arrange to obtain the following printed documents to assist in the preparation of the proposal. Request for Proposals Surface Water Management Plan Update May 2004 Page 8 of 8 · 1994 City of Chanhassen Surface Water Management Plan · 1993 City of Chanhassen Best Management Practice Handbook: Erosion and Sediment Control Consulting firms may request multiple copies, if necessary. SEH estimated WOf'kltom Coo' t144 2,,,", 1]ê3" 1,100 Wi Project PI",;" e.tlmlled Tuk CO)lt S7L400 ~s 284,300~ $~i $300.300 Total swr """" " ..- 14 IT $11000 55000 $WOO Sr. _ Intern Word Tachnl/;lan Proceuor I = _.1 . f $76.00 SUrlley C"W CIlIe1 $7200 CAD T,cnnlçle 57500 Sdlmi,tl Blologl'l , .. .. City of Chanhassen, Minnesota Surface Water Management Plan Update Estimated Hours and Project Coats· Amended October 13, 2004 $13000 $120,00 $10400 :'::1 5rw~::m Sr,Wlhiir Mgin!. RE:1=, Speçlalllt - - i ~ ,- = 2" 2""[ ¡ 2 2 "'2 "f., $1MOO Prilla/pa/I ".... Advllor $150.00 PrlnclpllJ Client ,.,.,.~ M.n.~r f Conuac¡hau,lyRaI . fino: H\NHASSii ~ $120,600 $85.000 ~ $300,300 c nses