1f. Approve and Award Contract for Chanhassen's Nondegradation Plan
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax 952.227.1110
Building Inspections
Phone 952.2271180
Fax: 952.2271190
Engineering
Phone: 952.2271160
Fax 952.227.1170
Finance
Phone 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.2271130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.2271300
Fax: 952.227.1310
Senior Center
Phone 952.2271125
Fax: 952.2271110
Web Site
www.ci.chanhassen.mn.us
~
MEMORANDUM
To:
Todd Gerhardt, City Manager
Lori Haak, Water Resources Coordinator ~
~~~.
November 13,2006 v
From:
Date:
Re:
Approve and Award Contract for Chanhassen's Nondegradation Plan
ACTION REQUESTED
Staff recommends that the City Council adopt the following motion:
"The Chanhassen City Council approves the contract for the Nondegradation Plan
and awards the contract to Wenck Associates, Inc. in the amount of $33,942.00."
VOTE
Approval and awarding of the contract require a simple majority of City Council
members present.
BACKGROUND
The City of Chanhassen has been designated a Municipal Separate Storm Sewer
System (MS4) by the Minnesota Pollution Control Agency (MPCA). As such, the
City is subject to the MPCA's National Pollutant Discharge Elimination System
(NPDES) Phase II MS4 permitting requirements. As required by the Clean Water
Act, the MS4 permit contains provisions regarding the nondegradation of waters.
As a result of a lawsuit brought against MPCA by the Minnesota Center for
Environmental Advocacy (MCEA) and as a first. step in implementing the
nondegradation requirements of the CleanW ater Act, thirty (30) cities have been
identified as "Selected MS4s" for the purposes of the MS4 permit.
Selected MS4s are required by the permit to develop loading assessments for their
MS4s that addresses changes in average annual flow volume, total suspended
solids and phosphorus for two time periods: 1. From 1988 to present; and 2.
From present to 2020. Upon the review of the loading assessments, Selected
MS4s must develop Nondegradation Reports that address any increases in
volume, total suspended solids and phosphorus that have occurred or are
anticipated during that time. Finally, each Selected MS4 must revise its Storm
Water Pollution Prevention Program (SWPPP) to address nondegradation by
implementing reasonable and practical Best Management Practices (BMPs) to
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Todd Gerhardt
November 13,2006
Page 2 of 3
decrease loading for parameters that have exceeded 1988 conditions. (The year 1988 is the
starting point for the nondegradation analysis because the Clean Water Act was adopted in
1987.)
Selected MS4s must submit all required materials consistent with a schedule outlined in
Appendix E of the MS4 permit. The schedule requires 5 Selected MS4s to submit their materials
each month, beginning in September 2007, for 6 months. Chanhassen is in the final group of 5
Selected MS4s. Consequently, all required materials must be submitted to the MPCA no later
than February 1, 2008.
The four components that must be submitted to the MPCA include:
1. Loading assessment;
2. Nondegradation report;
3. Modifications to the SWPPP; and
4. Results of the public review and comment process.
These four items together comprise the City's Nondegradation Plan.
DISCUSSION
The City developed a Request for Proposals (RFP) for the analyses and planning required under
the MS4 permit. The RFP was mailed to three consulting firms: Bonestroo, Wenck and WSB.
Proposals were due on September 22, 2006. The City received proposals from Bonestroo and
Wenck.
Because the nondegradation requirements of state rule have never before been applied to
stormwater, a protocol for conducting loading assessments, writing nondegradation reports or
revising SWPPPs does not exist. Selected MS4s and their consultants are free to interpret the
permit requirements using their best professional judgment and develop nondegradation
strategies accordingly.
Firm
Bonestroo
Wenck
WSB
Proposal Submitted?
Yes
Yes
No
Date
9/22/06
9/22/06
nla
Amount
$69,225.00
$33,942.00
nla
The primary reason for the difference in cost is due to differences in the approach to the loading
assessment. Bonestroo's approach is more labor-intensive and therefore the final cost would be
higher.
To ensure that each approach to the loading assessment would be acceptable, City staff contacted
references for Bonestroo and Wenck. References for both firms indicated that work is being
conducted in a manner consistent with the scope of work outlined by their clients.
Todd Gerhardt
November 13, 2006
Page 3 of 3
Representatives from both firms and their clients have met with the MPCA to discuss their
approaches to the loading assessments. While the MPCA has not endorsed one approach over
another, it appears that both approaches are consistent with permit requirements and MPCA
expectations.
Both proposals are available upon request for review at City Hall during regular business hours.
RECOMMENDA TION
Staff recommends that the City Council adopt the following motion:
"The Chanhassen City Council approves the contract for the Nondegradation Plan and awards
the contract to Wenck Associates, Inc. in the amount of $33,942.00."
A TT ACHMENTS
1. Proposed contract between Wenck and City of Chanhassen.
2. Request for Proposals (RFP).
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AGREEMENT
FOR
PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made on the _ day of , 2006, between the CITY
OF CHANHASSEN, a Minnesota municipal corporation, hereinafter called the "CITY", and
WENCK ASSOCIATES, INC., a Minnesota corporation, hereinafter called the
"CONSULTANT."
THE CITY and the CONSULTANT agree as follows:
1. Contract Documents. The CONSULTANT agrees to provide Consulting services to
the CITY in accordance with the following contract documents which are
incorporated herein by reference:
A. Agreement for Professional Consulting Services.
B. City of Chanhassen Request for Proposals nondegradation plan preparation
September 2006 ("RFP").
C.
CONSULTANT'S Fee Schedule dated
, 2006 ("Fee Schedule").
D. CONSULTANT'S response to RFP entitled Non-degradation Assessment
Proposal September 2006.
In the event of conflict among the documents, the conflict shall be resolved in
descending order of priority.
2. Payment. CONSULTANT 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
$33,942 inclusive of reimbursable costs.
3. Method of Payment: Payment for each task as described in the CONSULTANT'S
response to RFP shall be for the billable hours and reimbursable expenses charged
to the task. Payment for the project in full is subject to the not-to-exceed contract
limit of $33,942. If billings for a task exceed the estimated hours and project cost
incurred by the CONSULTANT for the completed portions of the project to date, the
CITY shall reduce payment to ensure that the not to exceed contract limit is met.
Progress payments shall be made at the completion of each of the six tasks
specified in the CONSULTANT'S response to RFP.
4. Chanqe Orders. If the CITY orders a change in the scope of the work, the change
order must be in writing and must be approved in advance by the City Council. No
payment will be made for a change in the scope of the work unless the City Council
has approved a change order prior to the work being performed.
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5. Warranty. CONSULTANT 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 CONSULTANT without additional compensation.
CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the services as is ordinarily possessed and exercised by a
professional Consultant 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.
6. Termination. This Agreement may be terminated by CITY by two (2) days' written
notice delivered to CONSULTANT. Upon termination under this provision if there is
no fault of the CONSULTANT, the CONSULTANT shall be paid for services
rendered and reimbursable expenses until the effective date of termination, except
that CONSULTANT will not be paid for incomplete tasks. If the CITY terminates the
Agreement because the CONSULTANT has failed to perform in accordance with this
Agreement, no further payment shall be made to the CONSULTANT, and the CITY
may retain another Consultant to undertake or complete the work identified in
Paragraph 1.
7. Subcontractor. The CONSULTANT shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the CITY. The
CONSULTANT shall pay any subcontractor involved in the performance of this
Agreement within ten (10) days of the CONSULTANT'S receipt of payment by the
CITY for undisputed services provided by the subcontractor. If the CONSULTANT
fails within that time to pay the subcontractor any undisputed amount for which the
CONSULTANT has received payment by the CITY, the CONSULTANT 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 CONSULTANT shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
CONSULTANT shall be awarded its costs and disbursements, including attorney's
fees, incurred in bringing the action.
8. Independent Contractor. At all times and for all purposes herein, the CONSULTANT
is an independent contractor and not an employee of the CITY. No statement herein
shall be construed so as to find the CONSULTANT an employee of the CITY.
9. Non-Discrimination. During the performance of this Agreement, the CONSULTANT
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 CONSULTANT 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 CONSULTANT shall
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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.
10. Assiqnment. Neither party shall assign this Agreement, nor any interest arising
herein, without the written consent of the other party.
11. Indemnification. The CONSULTANT 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
CONSULTANT'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 CONSULTANT is liable.
12. Insurance.
A. General Liabilitv. During the term of this Agreement, CONSULTANT 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
CONSULTANT'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. 11.
B. Worker's Compensation. The CONSULTANT shall secure and maintain such
insurance as will protect CONSULTANT 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 CONSULTANT'S services
under this Agreement.
C. Professional Liabilitv Insurance. The CONSULTANT 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
CONSULTANT, 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.
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13. Records Access. The CONSULTANT 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.
14. Data Privacy. The CONSULTANT shall comply with the Minnesota Statutes Chapter
13, The Minnesota Government Data Practice Act. The CONSULTANT shall not
disclose non-public information except as authorized by the Act.
15. 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. All documents shall be
provided to the CITY in an electronic format acceptable to the CITY prior to the CITY
approving final payment under this Agreement.
16 Governinq Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
17. Permits. CONSULTANT shall obtain all necessary permits required for completion of
CONSULTANT'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.
WENCK ASSOCIATES, INC.
By
Its
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CITY OF CHANHASSEN
REQUEST FOR PROPOSALS
NONDEGRADATION PLAN PREPARATION
SEPTEMBER 2006
The City of Chanhassen is soliciting proposals for the preparation of its nondegradation
plan ("Plan"). The plan shall be in compliance with the requirements of the "Minnesota
Pollution Control Agency's General Permit Authorization to Discharge Storm Water
Associated with Municipal Separate Storm Sewer systems under the National Pollutant
Discharge Elimination System/State Disposal System Permit Program." The plan shall
particularly be designed to address those portions of Part IX, Appendix C; Part X,
Appendix D; and Part XI, Appendix E that are applicable to Chanhassen (see Attachment
1).
The plan is due to the Minnesota Pollution Control Agency (MPCA) on or before
February 1,2008.
Chanhassen has three waters with restricted discharges that have coverage limitations
under the MS4 permit: wetlands, a trout stream and a calcareous fen. (Currently,
Chanhassen's MS4 does not discharge to either the trout stream or the fen.) According to
the permit "Whenever two or more requirements, restrictions, or prohibitions apply, both
or all must be met. Whenever two or more requirements, restrictions or prohibitions
conflict, the more restrictive conditions must be met."
The Consultant will utilize their storm water management expertise and their
Chanhassen-specific experience and knowledge to prepare all submittals required by the
General Permit. A foundation of their efforts will be the stormwater modeling and
management data already developed for the City of Chanhassen, which includes, but is
not limited to:
1. 2006 Surface Water Management Plan (SWMP), including updated HydroCAD
model;
2. 1996 Bluff Creek Watershed Natural Resources Management Plan;
3. Various lake management plans completed by the City; and
4. Use Attainability Analyses (UAAs) completed by the Riley-Purgatory-Bluff
Creek Watershed District.
The Consultant is expected to collaborate with Selected MS4s and their consultants to
help ensure consistency in approach between the cities. The Consultant is also expected
to follow the terms of the permit and to utilize any written guidance provided by the
Minnesota Pollution Control Agency.
The Consultant should prepare a proposal to complete the work as required by the Permit.
The proposal should include a description of the approach, a comprehensive list of the
analyses and services to be provided, a statement of qualifications, and a cost for
services. The cost should be inclusive of all time and materials necessary to complete the
plan.
The proposal should highlight interim completion dates for 25,50, 75 and 95% complete.
The nondegradation plan must be substantially (95%) complete on or before October 19,
2007. (The remaining 5% to final completion will consist of minor modifications as
recommended by the Planning Commission, City Council and staff.)
Item
Effective Date of the General Permit
Proposals Due to Chanhassen
Nondegradation Plan 95% Complete
Planning Commission Review and Recommendation
City Council Review and Approval
Deadline for Nondegradation Plan Submittal to
MPCA
Date
June 1,2006
September 22, 2006
October 19, 2007
November 12, 2007
December 10, 2007
20 months after Effecti ve Date
of the General Permit
(February 1,2008)
All proposals should be received by Lori Haak, Water Resources Coordinator, at the
address below no later than Friday, September 22,2006.
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
Any questions regarding this Request for Proposals may be directed to Lori Haak by
phone at 952.227.1135 or by email atlhaak@ci.chanhassen.mn.us.
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