PSA for EWTP with WSB1
PROFESSIONAL SERVICES AGREEMENT-WSB_Chanhassen_EWTP Biological Treatment.docx
PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 11th day of December, 2023, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and WSB and Associates, Inc. dba
WSB, a Minnesota corporation ("Consultant").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The City retains Consultant for completion of a Biological
Water Treatment Study at the City of Chanhassen’s East Water Treatment Plant (EWTP)..
2. CONTRACT DOCUMENTS. The following documents shall be referred to as the
"Contract Documents," all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A. This Professional Services Agreement;
B. Insurance Certificate;
C. Consultant’s November 2, 2023 proposal (“Proposal”).
In the event of conflict among the provisions of the Contract Documents, the order in which they are
listed above shall control in resolving any such conflicts, with Contract Document “A” having the
first priority and Contract Document “C” having the last priority.
3. COMPENSATION. Consultant shall be paid by the City for the services described
in the Proposal a not to exceed fee of Thirty-Nine Thousand Dollars ($39,000.00), inclusive of
expenses. Services performed directly by Consultant shall be paid at an hourly rate in accordance with
the Proposal, subject to the not to exceed fee. The not to exceed fees and expenses shall not be
adjusted if the estimated hours to perform a task, the number of required meetings, or any other
estimate or assumption is exceeded. Consultant shall bill the City as the work progresses. Payment
shall be made by the City within thirty-five (35) days of receipt of an invoice.
4. DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and
information generated in connection with performance of this Agreement shall be the property of
the City. The City may use the information for its purposes. The City acknowledges that all
reports, plans, models, diagrams, analyses, and information generated in connection with
performance of this Agreement are created solely for the specific project covered by this
Agreement and may not be suitable for reuse on other projects. The City also acknowledges that
reuse of the reports, plans, models, diagrams, analyses, and information generated in connection
with performance of this Agreement without the written verification or adaptation by Consultant
will be done at the City's sole risk and without liability to Consultant.
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PROFESSIONAL SERVICES AGREEMENT-WSB_Chanhassen_EWTP Biological Treatment.docx
5. CHANGE ORDERS. All change orders, regardless of amount, must be approved
in advance and in writing by the City. No payment will be due or made for work done in advance
of such approval.
6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided.
7. STANDARD OF CARE. 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. City shall not be responsible for discovering deficiencies in the
accuracy of Consultant’s services.
8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its
officers, agents, and employees, of and from any and all claims, demands, actions, causes of action,
including costs and attorney's fees, to the extent caused by the Consultant’s negligent performance of
the services provided for herein.
9. INSURANCE. Consultant shall secure and maintain such insurance as will protect
Consultant 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 negligent performance of
services under this Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability $2,000,000 each occurrence/aggregate
Automobile Liability $2,000,000 combined single limit
Professional Liability $2,000,000 each claim/aggregate
The City shall be named as an additional insured on the general liability policy on a primary and non-
contributory basis. Before commencing work, the Consultant shall provide the City a certificate of
insurance evidencing the required insurance coverage in a form acceptable to City.
10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an
independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not
an employee of the City and is free to contract with other entities as provided herein. Consultant shall
be responsible for selecting the means and methods of performing the work. Consultant shall furnish
any and all supplies, equipment, and incidentals necessary for Consultant’s performance under this
Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent
that Consultant or any of Consultant's agents or employees are in any manner agents or employees of
the City. Consultant shall be exclusively responsible under this Agreement for Consultant’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.
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11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the City. Consultant shall
comply with Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed
services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from
City. Consultant must pay interest of one and five-tenths percent (1.5%) per month or any part of
a month to subcontractors on any undisputed amount not paid on time to subcontractors. The
minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars
($100.00) or more is Ten Dollars ($10.00).
12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Minnesota. In the event of litigation, the
exclusive venue shall be in the District Court of the State of Minnesota for Carver County
Minnesota.
13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must
comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it
applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created,
collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this
Agreement. Consultant 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 Consultant receives a request to release data, Consultant must
immediately notify City. City will give Consultant instructions concerning the release of the data to
the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold
City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from
Consultant’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or
subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall
survive the cancellation or termination of this Agreement.
14. COPYRIGHT. Consultant 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.
15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract
requires, or the Consultant desires, the use of any design, devise, material or process covered by
letters, patent or copyright, trademark or trade name, the Consultant shall provide for such use by
suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed
with the City. If no such agreement is made or filed as noted, the Consultant shall indemnify and
hold harmless the City from any and all claims for infringement by reason of the use of any such
patented designed, device, material or process, or any trademark or trade name or copyright in
connection with the services agreed to be performed under the Contract, and shall indemnify and
defend the City for any costs, liability, expenses and attorney's fees that result from any such
infringement.
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PROFESSIONAL SERVICES AGREEMENT-WSB_Chanhassen_EWTP Biological Treatment.docx
16. RECORDS. Consultant shall maintain complete and accurate records of hours
worked and expenses involved in the performance of services.
17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising
herein, without the written consent of the other party.
18. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein.
This Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof, as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the
provisions of this Agreement shall be valid only when expressed in writing and duly signed by the
parties, unless otherwise provided herein.
20. TERMINATION. This Agreement may be terminated by the City for any reason
or for convenience upon written notice to the Consultant. In the event of termination, the City shall
be obligated to the Consultant for payment of amounts due and owing including payment for
services performed or furnished to the date and time of termination.
21. WAIVER OF CONSEQUENTIAL DAMAGES. Neither party shall be liable
to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of
substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect,
punitive, or exemplary damages.
Dated: _______________, 2023. CITY OF CHANHASSEN
BY: _____________________________________________
Elise Ryan, Mayor
BY: _____________________________________________
Laurie Hokkanen, City Manager
Dated: _______________, 2023. WSB and ASSOCIATES, Inc. dba WSB
BY: _____________________________________________
_____________________________________________
Its _____________________________________________
December 4
Steve Nelson, Director of Water / Water
DocuSign Envelope ID: 9803A0A1-1054-4EAC-8832-7EC06F6BF3B3
12/22/2023
178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM November 2, 2023
Mr. Charles Howley,
Director of Public Works/City Engineer
City of Chanhassen
7700 Market Boulevard P.O. Box 147
Chanhassen, MN 55317
Re: Proposal for Biological Water Treatment Pilot Study – East WTP
City of Chanhassen, MN
Dear Mr. Howley,
WSB is pleased to present this proposal to provide professional engineering services for the
completion of a Biological Water Treatment Pilot Study (pilot study) at the East Water Treatment
Plant for the City of Chanhassen (City). A pilot study is a prerequisite required by the Minnesota
Department of Health to verify the efficacy of full-scale biological treatment operation aimed at
reducing ammonia, manganese, and iron in a City’s raw water. The pilot study will follow a
sequence of tasks to ensure compliance with the Minnesota Department of Health’s policies for
biological filtration pilot studies.
Task 1: Project Management and Coordination
The proposed work plan will include two (2) meetings with City staff and a presentation of the pilot
study’s findings to the City Council. Additional meetings, if requested, can be provided, and charged
on an hourly basis.
- Pilot Study Meeting: WSB will meet with City staff to identify the types of media used for
the biological study and to confirm the location of the pilot skid that was previously identified
during the October 25th meeting.
- Draft Report Meeting: WSB will meet with City staff to review the draft technical report
summarizing the results of the pilot study. This meeting will be done remotely.
- City Council Presentation: WSB will prepare a presentation with the data collected during
the pilot study and present the findings to the City Council.
Task 2: Pilot Study Work
This phase will be completed based on the following sequence of sub-tasks (work required by
City is in blue-italics-font to help highlight the required coordination of efforts):
- Minnesota Department of Health Pilot Protocol Approval: Prior to starting the pilot
study, WSB will prepare a pilot protocol based on the scope of services of this proposal
and submit it to the Minnesota Department of Health for their review and approval.
- Setup and Calibration: The pilot plant equipment set-up and calibrated by WSB. WSB’s
pilot plant consists of the following equipment: a break tank, two (2) filter columns
containing filter media, an oil-less air compressor for aerating the water and for
backwashes, a chemical feed system (if needed to provide nutrients), booster pumps,
testing equipment, and appurtenances as necessary for operation of the pilot equipment.
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Mr. Howley
November 1, 2023
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- Start-up: Upon initial setup and calibration, WSB will be on site for one (1) to two (2) days
to finalize set-up and train City staff to assist in the operation of the pilot plant. WSB will be
available for operational assistance throughout the duration of the pilot study.
- Chemical Requirements: If nutrients are needed during the study, the City will be
responsible for ordering and purchasing nutrients (such as orthophosphate). WSB will
provide the necessary storage and containment for these chemicals and the chemical feed
pumps.
- Monitoring Requirements: City staff will monitor the pilot equipment on a daily basis for
the duration of the pilot study and daily readings will be taken by City staff. Daily readings
will consist of the following: read and record the pilot plant flow rates (gpm), pressures (psi),
and air flow rate (SCFM). City staff will also need to monitor the operation of the chemical
feed systems daily if these are being used. We estimate that these tasks will re quire on
average five (5) to ten (10) minutes per day by staff. WSB will visit the pilot plant on a
weekly or by-weekly basis to provide monitoring assistance.
- Backwash Requirements: Both filter columns will need to be backwashed during the pilot
study. WSB will train City staff and provide written step-by-step instructions to conduct
backwashes. City staff is responsible to conduct the backwashes. Based on a preliminary
analysis of the City’s raw water data, it is expected that backwashes will be needed every
4 to 7 days. WSB will be available for the duration of the pilot study to provide additional
training and assistance to conduct backwashes.
- Water Quality Testing Equipment: WSB will provide a DR-900 HACH Colorimeter to
conduct water quality testing on site and an In-Situ Multimeter sensor to measure DO, pH
and water temperature. City staff can use their testing equipment if preferred.
- Water Quality Testing Reagents: City staff is responsible for purchasing testing reagents
to complete the water quality testing for the pilot study. WSB will provide a detailed list of
reagents for purchasing prior to mobilizing the pilot plant.
- Water Quality Testing Frequency: Weekly on-site field sampling and analysis will be
provided by City staff for the assumed water quality parameters identified in the table
below. Testing requirements may vary upon review of the Minnesota Department of Health.
Parameter Raw Water Post Detention Basin Filter 1 & 2 Effluent
Ammonia Bi-Monthly Bi-Weekly Bi-Weekly
Nitrite Bi-Monthly N/A Bi-Weekly
Nitrate Bi-Monthly N/A Bi-Weekly
Iron Bi-Monthly Bi-Weekly Bi-Weekly
Manganese Bi-Monthly Bi-Weekly Bi-Weekly
Dissolved Oxygen Bi-Monthly Bi-Weekly Bi-Weekly
Alkalinity Bi-Monthly N/A Bi-Monthly
Orthophosphate Bi-Monthly N/A Bi-Weekly
Temperature Bi-Monthly N/A Bi-Weekly
TOC(1) Monthly N/A Monthly
Total Coliform(1) Monthly N/A Monthly
pH Bi-Monthly Bi-Weekly Bi-Weekly
Monthly: Once per Month; Bi-Monthly: Twice per month; Bi-Weekly: Twice per week
(1) To be completed by an independent certified laboratory.
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Mr. Howley
November 1, 2023
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We estimate that the above analyses will require approximately one (1) to one and a half
(1.5) hours per sampling event by City staff. Sampling and analysis by an independent
certified laboratory will be coordinated and provided by the City once per month to provide
QAQC for the samples tested in the field. The City will pay for the shipping costs for the
water sample bottles and all water quality analysis to be provided by the independent
laboratory. QAQC samples will only be required for ammonia, iron, and manganese.
Backwash wastewater will be diverted to a basin that will act as a backwash reclaim basin.
Solids in the backwash wastewater will be allowed to settle for a predetermined time. A
grab sample will be collected from the upper portion of the reclaim basin after the settling
time is met. The grab sample will be tested for the following parameters: iron, manganese,
ammonia, nitrite, nitrate, orthophosphate, DO, pH, and temperature. This procedure will be
repeated four (4) times during the pilot study. Two (2) backwash reclaim tests will be
conducted during the acclimation period and the remaining two (2) will be conducted when
the filters are fully acclimated. Testing results will be compared, and an evaluation will be
made to determine if backwash recirculation could have an impact in the performance of
the biological filters. Settled backwash wastewater will not be recirculated through the pilot
plant. Instead, backwash wastewater will be discharged to waste.
- Biological Filtration Performance Testing: WSB will evaluate the efficiency of biological
filters following a backwash and following a seven (7) day shutdown period. It is expected
that some microorganisms will be lost during the backwashing process. To assess the
filter’s efficiency post-backwash, effluent ammonia, iron, and manganese concentrations
will be taken at 15-minute intervals following a backwash for 30 to 45 minutes. Once the
filters are fully acclimated, a seven (7) day shutdown test will b e performed. To assess the
filter’s efficiency post-shutdown, effluent ammonia, iron, and manganese concentrations
will be taken at five (5) to ten (10) hour intervals following the period of shutdown for 20 to
24 hours. WSB staff will conduct all performance tests.
- Pilot Duration: The estimated time frame for the study is 16 to 20 weeks depending on
the time it requires the filters to become fully acclimated for biological treatment of
ammonia, manganese, and iron. Initially, the pilot plant may be operated without being
aerated or with limited air to match the existing DO concentrations of the East WTP. The
aeration rates can be increased to achieve higher DO concentrations as needed.
- Pilot Study Miscellaneous Items: 115V power from the East WTP will be needed for the
pilot plant.
Task 3: Pilot Report
Upon completion of the pilot study and receipt of the water quality data, WSB will provide a
comprehensive pilot study report with a summary of the test results and recommendations that will
satisfy all Minnesota Department of Health current policies for biological filtration pilot studies. WSB
will submit the final report to the Minnesota Department of Health for their final review and approval.
EXTRA-COST Adder – Life Cycle Costs Assessment:
A life cycle costs assessment and work group meeting can also be completed as an EXTRA-
COST Adder for an additional fee.
This effort would summarize and evaluate the likely capital, operational, maintenance, and life
cycle costs (in current 2024 dollars) associated with converting the East Water Treatment plant
from Conventional Filtration to Biological Filtration.
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Mr. Howley
November 1, 2023
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Tasks would include:
1. Evaluate all pilot data and current treatment facilities to approximate cost changes
associated with converting from conventional filtration to biological filtration, including:
a. Required Capital Costs
b. Chemical Cost Changes
i. Chlorine
ii. Permanganate
iii. Orthophosphate
iv. Sodium Bisulfite
2. Facilitate input from staff regarding other potential changes in cost for items such as:
a. Annual Sewer Charges
i. WSB would help coordinate sampling and lab testing of backwash waste
sludge discharged from the pilot plant.
ii. City would help summarize current annual sewer charges and backwash
waste sludge (quality and quantity) discharged from the East Water Plant
b. Annual Distribution System Flushing
3. Prepare a base “Life Cycle Cost Analysis Table” that will be used to help Chanhassen
evaluate the potential cost savings and conduct some cost sensitivity analyses.
4. Hold a Work Group Meeting with staff to review all the Life Cycle Cost Analysis Table
assumptions and conduct some sensitivity analyses, as a group.
a. Provide final (2-3) Life Cycle Cost Analysis Tables to summarizing the range of
expected costs and life cycle costs for the conversion. Staff can use this when
presenting the potential benefits of Biological Filtration the council and
stakeholders.
Fee
All work under this letter proposal will be for an hourly, not-to-exceed fee as outlined below:
Item Fee
Biological Pilot Study and Report $34,800
Life Cycle Assessment Adder $4,200
Total $39,000
The proposed fees are based on our 2024 hourly rate schedule. Additional services requested
beyond the scope of this proposal will be charged per the attached 2024 hourly rate schedule.
Schedule
The overall schedule will depend on the duration of the pilot study. We estimate that the biological
pilot study will begin in mid-April 2024. WSB will complete the pilot report within six (6) weeks of
completing the pilot study.
This proposal reflects our complete understanding of the project and the proposed scope of
services in alignment with the Minnesota Department of Health’s biological filtration pilot study
policies. If you are in agreement with the scope of services, please sign the bottom of this letter
and return a copy to WSB. Our receipt of an executed copy will be WSB’s authorization to proceed.
If the City of Chanhassen requests additional services beyond the scope of services outlined above,
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Mr. Howley
November 1, 2023
Page 5
we will work with you to establish a revised scope and fee. We value the opportunity to assist you
and your staff in completing this study.
If you have any questions about this proposal, please feel free to contact me at 612.258.8152.
Sincerely,
WSB
Steve Nelson, PE
Director of Water/Wastewater
612-258-8152
Ray Theiler, PE
Water/Wastewater Project Manager
612-360-3163
ACCEPTED BY:
City of Chanhassen
Name ______________________________
Title ______________________________
Date ______________________________
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