HomeMy WebLinkAbout4.C.2. Enter into Contract with Foth Inc, for Consulting Engineering Services ��� Consent Business 4. C. 2.
S�i:��c»,t.��:
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Mark McNei11, City Administrator
DATE: 08/07/2013
SUBJECT: Enter into Contract with Foth. Inc., for Consulting Engineering Services (A)
Action Sought
The Council should approve an engineering services agreement with Foth Engineering.
Background:
In October, 2012, the City Council entered into an agreement with Foth Engineering, to assist the
City with work related to developing and analyzing an RFP for garbage and recycling services.
In March, 2013, a second contract was entered into with Foth by and between the City, Scott
County and the SMSC for assistance with odar issues relating to the Organic Recycling Facility.
Both of those contracts had specific job scopes identified. The original contract for assistance
with garbage and recycling has been completed;however, an amendment may be forthcoming to
compensate for services in excess of what had been anticipated in analyzing the six RFPs, and
negotiating the franchise agreement. The odor contract is still in process.
I anticipate that there will be ongoing need consulting services from Foth, to address
environmental issues. First, it is the City's responsibility to specify and bid out 22,000 garbage
and recycling carts by May, 2014. This is to accommodate the City's ownership of those carts
under the new garbage/recycling contract with Allied. This is in an area with which the City has
had no experience, and utilizing the experience of a consultant who is knowledgeable about cart
acquisition will likely lead to a better bidding process and potentially lower prices.
In addition, the contract for odor is likely to be ongoing. The existing contract is primarily for
measurement and identification of potential problems. We have had good cooperation with the
SMSC, but I anticipate that there will be some occasions for which having an engineering
company which is experienced in environmental issues will be valuable.
I anticipate this would be similar to what is the series of consulting engineers which is available
to the engineering department. For larger projects, such as the garbage cart RFP, we would
obtain an estimate from Foth prior to beginning. For odor consulting, it would likely be on a "per
hour" basis.
Attached is an addendum which is being proposed by Foth. This would cover the types work
described in this memo, but would be in addition to the original October contract between Foth
and the City. It covers the normal things which are required of a consultant--insurance
provisions, indemnification, etc. Foth prefers the addendum versus negotiating a separate "new"
contract.
Budget Impact:
Future work for environmental issues will come either from the General Fund or from other
sources which may be identified in the future that are relevant to the type of work required.
Relationship to Visioning:
This supports Goal A, "Keep Shakopee a safe and healthy community, where residents can pursue
active and quality lifestyles."
Action Required:
If the Council concurs, it should, by motion, authorize execution of Amendment Number 3 by and
between the City of Shakopee, and Foth Engineering for future consulting engineering services.
Attachments: A�reement with Foth Revised 10-18-12
A�reement with Foth Garba�e/Recvcling
AGREEMENT FOR PROFESSIONAL SERVICES
(BETWEEN OWNER AND ENGINEER)
THIS IS AN AGREEMENT made as of October 3,2012 ,between:
City of Shakopee. 129 Holmes Street South, Shakopee,Minnesota 55379
hereinafter referred to as "OWNER" and Foth Infrastruct�tre&Environment, LLC
a Wisconsin corporation with its principal place of business in Green Bay ,Wisconsin,hereinafter referred to as
"ENGINEER."
WHEREAS the OWNER intends to contract with ENGINEER to provide professional consulting services
hereinafter referred to as "PROJECT," and
WHEREAS the ENGINEER has the necessary personnel and facilities to provide the professional services
described and,
WHEREAS the ENGINEER desires to contract with the OWNER for the purpose of rendering professional
services for the PROJECT.
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, subject to the
terms and conditions set forth below, on the reverse side, and/or attached hereof, the OWNER and the ENGINEER
do hereby covenant and agree as follows:
PART I-SERVICES
Services will be provided based on the attached"Project Understanding and Scope of Services"from the
proposal to the City of Shakopee,Minnesota dated September 5, 2012.
PART II-COMPENSATION
AN INITIAL PAYMENT OF Zero Dollars($0)shall be made upon execution of this Agreement and
credited to the OWNER's account at final payment.
ENGINEER estimates the cost to provide the services as described in the attached"Project
Understanding and Scope of Services"to be$28,750. This estimated cost includes,per the OWNER's request,one
additional EAC meeting at an additional cost of$1,000. Whereas the OWNER has elected to compensate the
ENGINEER for services on an hourly rate and expenses basis, such compensation shall include payment for labor,
direct expenses, and other compensation based on the attached 2012 Standard Labor Rate Schedule and 2012
Standard Resource Charges Schedule. The ENGINEER will maintain these rates for a period of one year from the
date of execution of this Agreement. If the ENGINEER'S services are required beyond one year, starting with
the 13`"month of service,the labor rates shall be increased by 2.5 percent.
Payments are due and payable thirty(30)days from the date of the ENGINEER's invoice. Undisputed
amounts unpaid thiriy(30)days after the invoice date shall bear interest at the rate of one percent(1%)per month
from invoice date.
PART III-TIMETABLE
The schedule will be determined at the project kick-off ineeting. ENGINEER will provide deliverables
on dates mutually agreed-upon between OWNER and ENGINEER.
GShakopee,MN A�eement for Professional Services,10-3-12.docx 1
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PART N- SPECIAL CONDITIONS
Subject to the attached Standard Conditions of Agreement(Form RSK001, Rev. 10/97).
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and date
first above written.
FOR ENGINEER: FOR OWNER:
Foth Infrastructure&Environment,LLC City of Shakopee, Minnesota
By: B Y� — --------
Na1110 �Please print�: w1T'I'e11 A. S�lUT'OS N21118 �Pleasepnnt�:
Title : Client Director Title:
By: By� --------------------------------
Name (P�easeP����): Kathleen M. Osborne, P.E. Name(P�ea�ep��r):
Title : Se�zior Project Mana�er Title:
GShakopee,MN A�eement for Professional Scrvices,10-3-12.docx 2
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STANDARD CONDITIONS OF AGREEMENT
SrCT10N 1 UESCRIPTIONOFSERVICES entity at thc sitc or othciwi+c perlorming such b. SoiLs da�t laboratory tn-ts,rcports aru3 3.13 This Agreement may be terminated by
scrvices.This includcs thox p:utics fi�r whom[hc �P�'o���u of�a�ly ma4ai:ils or c�xr id�rty with cithcr party if thc o[her party fuils to fulfill its
l.l General FNGINEER is providing cewrdinadon. Neithcr ihe �PP�Priate prufessional intelprctativas. obligations undcr this Agrccment ttvough no fault of
ENGINEER'S authurity to ac;t under[he Contrac[ c. I.e}fnl, acttxuitu�g fi�,vri�il and �e temiina�ing purty.No such tennination may be
1.L1 [NGINFLR agroes to provide �����runderthisAgreemrntnoranydocvsicm �nsuraneecounselingscrvicesnecessaryforthe e(7ectedunlesstheotherpaAyisgivennotlessthan
profissi�nal sccviccs for Ihc PROJECC a� morc �i��hy ENGINEER in gcx�f i[h cithcr[u cxelcisc PRnIECT irx:ludir�g I�1 mvi�wofitx;Com�hu�,ticn ��calcncL2r days writtar noticc of in[cnt to tcmtina[c
completely described in [his Agreement ond in Conh-ect Da.wnen6.
Addrnda to tltis A rnt. or not excrcisc such authority shall givc rise to any and a�oppoitimiry for comceng thc defudt utd for
gmc[n d Pcrtnits and approvals from any
duty or rcs�msibility of F.NCiINF,F,R ki thc abiwe,or consul Wtion with the lemiinating party before
LL2 GNGIVGGR agrees to provide all �uthoriri5}w�ingjurisdictionovcT[hcPROJECT.
any of dicir agcnlc or employec+or any olhcr��um tennin:nion.In;xklition,()WNLR ma tennvWe ihu
profzssional services within a reaconable period of . . L32 Dcsignatc a pe[son authorizcd[o ac[as Y
perfurtnmg:iny xrnces}or the OWNER . Apcemenk in whole or in pM,for cause(such as fir
time following�hc dw:uf auUanr�aon to pmcced by UWNGR's representative. OWNLR or his
L2B ENGINEER has nut becn retained ur legal or financial rcasons,or mejor ehanges in the
OW'NER.If a spei.'cil bme se;l�Lile nnnt be me[for a . repccsenWti�e sh:ill teceive and e�eantire docwnent�
compensated to providc design and mnswchon work or pro�am requiremenv),and ENGINEER u
PROJECT, it shall be specifically set forth by . siilxttilRd lry INGINF.ER ard shall be er»p�wcied to .
AcklendatothisAgeement. review services relating to safety precaut�ons or to ��ret and define OWNER's policies:u�d render 8'Oen not less than ten(l0)exlendar cleys wntten
means, methods, techniques, sequrnces, or ��y�oru und authorirvtions in writing prompdy[o nobce and an opFwRwiity fi�r consultation Lx�forc
L2 Pertaining To The ENGI?IEER'S Services procedwes,all as nmy be reyuired fur any person or termination.If OWNI?R tecminates as a rzsult oC
prevent unreasonable delay in thc progress of
entity other than the ENGiNtiER to perform their ENC;INF�R'S default,any payment due E:ITIGIlVEGR
1.2.1 ENGINEER agrees to perform alt INGLVEER'sservices.
work, including but not limited to shoring, at the time of tennination may be adjusted to[he
setvices in a thomu�h and profzssional n�nner and to � 133 Securc full and free access for
hold OWNER hannles�fmm an�lie�u for ma[erial� ��0���' ������i��' ��nponuy re4linmen[ of extent of any adciiROnal cost[he OWNER incurs due
y excae�atioru and an erec[ion meth�cls or tem B"GINEQt tu cavT upon all pfop�ry ic�cluvcd for tl�e
a�dlaborfumishedb ENGINFERinconoectionwith Y PO� coENGINEF.R'Sdefiultln�iddi�ion,0���>]EKmny�
Y ��m�� performance of ENGL'VEER's senices uncier tivs �crtninate tlti Agcement,in whole or in pmt,for
�W�� 1?.9l7cicid. ���f°�t cumcnicncc upon [-n (10) calcn�3:�r duy5 wiitten
1?.2 ENGINEER agrees to maintain 1210 Origin:il documenU,notes,:vxi the like, 13.4 Give prompt written notice to nutice. If ENGINEER temti�ates as a result of
iruttrance for public liability, property damage, except thwe fumisl�cd to INGINLER by OWNER, ENGINEER whencver OWNER observes or OWNER defa�ilt or the OWNF.R temiinates for
wwkmu�s mmpe�uniat ard ertors ard onti�s-iom for represent the ENGINEER'S cumulalive knowledge o�herwise becomes awaze of any defecl in the convenirnce,ENGINEER shall be paid for services
services'perfuaned by ENGLYEER on PROJLCT. �d aze,arid st�all eeaiauy the propcety of ENGIlVEER PROJECT or other event which may substantially performed m the termination date including
'Ihe fomgoing intiurance st�all cover ENGINEER only. �d sh:ill not consti[u[e[he work roduc[of[his affect EI�GINEER's pe��rtnanee of services under � �
ENGINEER stmll pro�iiL. a aunnt C�titicate of p }his A menL remil�tns'��e expensc.s.Upoo cece�pt of the tecmuuting
$uur.ss�ce to �he OR'�ER, reFlecrino cocer.�ges in A���t � notieq ENGINEER shall prompdy diseontinue all
1.?.11 It is hereby acknowledged that the seevices wiless the no4ce difecls othmvise,and upon
almxmt accc}rtablc to OWNtiR pdor to conunencing . SLCTIOI`2 CO'.�IPENSATION FOR SLRVIC[S .
pcdDmwse oftltis A�ernant ENGINEER has procured a profess�onal liability receipt oC fiml compensatio� nuilce available [o
1.?.3 ENGINEER intends to render his "'S"rar'ce poliry to protect it Gom certain claims,a+ � �� OWIVER all appa�priate docwnents�e�ared�uder d�e
services w�der this Ageement in accordance with more Cully described ihaein. I�NGINI:I�.R chall Agtax�xntwhethercompletedorinpiucess.
generalty aceeptcd professional practices for thc Pmcidc a cwrcni Ccnifc:n:nf Insi¢unce tu th�• 3.1.4 Al]cla'vns,counterclauns,disputes and
intrnded use of the PROJECT and maka no wartanty n��NER, rc�lccting cu� �n an umuimt 2.L l OWNHR shall comperume ENGINBL•.R otlier mat[ees m quest�o�between die p�uties hereto
u eg.
eitherexpressor implied. accepl:ihle to <IN�NI-:R prior tu cornrnendn� for services rendered under this Agreement.The arising out ofihis Agreement shall be�enued in�hr
L2.4 ENGINEER reserves the right to enter F'�''f'm�ancc ol this Agrecment me4�od of compee�at�on for said serviees shall be as st:itc or fcdernl cowt in the State o1 Mi�wev�w.
inW ageemenLU w��h olher desigi pm(ea�ionals for No[wilhslanding lhe above, FNCiINFFR and �'�forthinAdck�nda[othisAgi.�e;ment
Fwrtioru of the wodc includal under thu'Aga.vnrt OWNER hereby acknowledge that F,NGINF,FR's z.�2 Psv*�enLZ Cor Smices are due when
imoiced b;vsed on actual en meerin services 3.1.5 Dele�ed.
Whcn:[his suba�Ca.Ymcnt wotild repnscnt a major profcssional liability intiur�ce policy d�xs not,nor g g 3.L6 This Agrcemcnt and any daim or
pation uf ihe dc�i�wofk,ENCiItJEER shill��t:eive dix�any othcr insur.ux:e�iliey re:L�onably obciinakile �ish d iuiless ano[her schedule of payments is el�,E�u��.:ui}in�th r�und�x sh:ill br,govecned hy th�
a�mva(of OWNtFi Yor Utis subagiccmrnt by FNGINI:h72,pn0.Yt FT1Ci1NF:FR frorti any c4tirriq agccd t¢xm,t+y Addcnda I:i«�ihr St:�ir ul Minnes�ta.
12.5 All documents includin�, but not damages and expenses,including attomey's fees, 2_�3 WhereOWNFRdisputessomepoRion 3.L7 In Ihe event any provisions oC this
limi[ed W,diawing+,sFxcificatiu�u,ela;Wnic malin, a�isin�wt uf or resulting tiom the ENCiINEER's acts of[he charges contained in EN(i1NEER'S bill for p���t or a�ry subsequrnt Ad<krnthun shall be heid
or o[her modia Cumished by LNGINFLR pursuanl to or omissionti rela�rtg W the investibm[ion,dc�ehxxioq services,ft shall m:ilce payment of tha[purtiun of the ro be invalid and unenforeeable, [he remaining
this Aga:menk�the instrwnents of his srnicv�c in �A.R���,m,�,���,5 q�p�necsscsconttininga2�estas. bill which is unclisputcd and shall norify EIrGINEER provisi�ns shall be vulid and binding upon Uie parties.
rcspect to the PR()JE.Ci.The FNGItiF F:R grants to in wri[ing of[he reason for[li�di.�irt�. (h�e or mae waivei�by eilher p��my of any pro�isio0.
the OWNLR a nonexclusive license for OWNLR'S 13 Penaining To The(Tvner 2.1.4 If OWT�tiR fails[o make any payment «TTb condition or covenant shall not be consWed by
tue oC Nx doamim6 on ihe PROJECL They are not uf tmdi,putrd amnunts due ENGINEER for �c othcr pnRy a�a waiver of a subseyuent breech of
intendecl or represrnted to be s2uWble for reuse by 13.1 OWNER shull provide at OWNER's services and experues aRer receipt of �es:imebytheoUierp:uty.
OWNER or othecs on extensiuns ofthc PROJEC'C or expenses (unless ENGINEER has specifically ENGINEER'S bill [herefore, the amounts duc
on a� o[her ro ec[M rtvse without the �ci5c �cluded Ihem in Addcnda to tliis Agreune�t)and m �GINEER shall beaz interest from invoice date a[
y p � y � such a tnanner that ENGINEER may rely upon them 32 Miscellaneous Provisions
writtrn veri5c;ation or adaptation by ENGIlVEER will ihe rate set fcxtli in ths a}�cemenl or in the absence
be ffi OWNf:R'S sole nsk and wifl�ait liabili or 1 in the performance of his services under this
ry � theceof at the leg�l rate prevaili�g fi-om time to tune 7,Z,� Da[a Practices Act
exposure to ENGL'VEER from all claims,damages, Ageement, all cri[eria, desikm, and construction a[the princi�il place of busittess of tlie INGIlVEER In
losses and expenses,including attomeys fees,arising s�az�dards including CuR mfom�abon as to OWNER's �jnon ENGP.VEPR may,after giving ten(10)days �'���s��ant to Mlnnesota Smwtes�13 0>,Subd I 1,all
ou[of or[esilti�g therefrom My such ved5catioq requirements for [he PROIFCT, including all ���re����.������ �� �f[he data crented,collcc[ed,received,stored,used,
tafion or eeuse will endde ENGL�EER to fiuther document specificatio�s. Such information may m�intained,or disseminated b the ENGINEER in
� agee�nart imh7 paici in fiill:ill wi�i.p.ital aa�wmts�e Y
compensation to be aa eed on by OW�ER and Nclude,if mn.wruibh�nec.ss:uy for the PROJECi,but iIIde�.dtis agreement.In the event OWIQER does not Pzrforming this convact is s'ubject to the requuemen[s
�Gp,�� no[bc limi[ed ta of the Minnes'ota Govemment Data Practices Act,
pay,or does not pay timely,ENGLVEER shall be hlinnesota Statutes Chapter 13,and the ENGINEER
1.2.6 When electronic data is'tu be fvmished a A complere survey of the PROJECT site �h���p�pllect from OWNER all arrxwnlc due plw
wMch shall include but not be lunited to easements, must comply with[huse requirements as if it were a
as a part of this agreement and/or addendum, expen�,including reasonable attomey fees,incwed 5�>��ernment entity.The remedies in Minnesota
righ[-oFway, encroackunen[s, zoning and deed
ENGINEER wi❑ not be held liable for the by thc ENGIh'EER in wcuiec;tiun with a>llectiun Smtutes§13.08 apply to ihe ENGINEER. The
comple[eness or coerectness of the elec�nic media �MCtioa�,e�sting biulclinp and improvemen[s. effons. E\'GINEER does not have a duty[o provide access to
aRer an accephance period of 30 days frc>m delivery public duta[o the public if the public duta are available
date.Hazd copies of documen6 conlrol over aoy SY:CTION 3 GET9ERALPROVISIONS from�lie City.exezpi�s required by the temu o(�his
varianees lxtween elechvnic media and hani wpy. comract.
Ihving the 30 day Acr,ept:use Pertod,any emns 3.1 General
detected or problems with the media used,will be
colrected by the ENGIVEHR a+part of the basic 3??Record Keeping nnd Audii
agreemenL Any changes requested after the 3.1.1 This Ageement is[he result of final
Accepmnc:r Periud or a reyuc�fi�r aclditiimzl roIlxed regoti:llioru belween OWNGR ard INGINLLR arcl PursuaN to Minnesota Stntutes§16C.05,SubA.5,
electronic files Crom archi�es will be cunsidered eepfesen�tlie ernire an1 irncy�',ne�]a�nent betweai F".NGINEER agrecs[hat the books,records,
uldieunal scrviccs W tw�rFuem�d on a[ime and OWNER and ENGINEER for the PROJECT and �O�°ments,und accoimhng procedures and practices of
m.1ic i:ils lzisis at�he F7YGINI:PR's st.�vd.�vd cost pluc sup���cics all prior ncy;uUaliocu, n,�msenr�tioro� or �hz[NGINECR,tha�are relevant to the eontract or
tertni and conditiorts. agreements,ei[her written or ornl.7}tis Agreemenl «snsaction,are subject[o examinanon by[he
cuotmchng agency xnd either the legislutive auditor or
The ENG W EF R makcs no w:vranty as to thc may be arneculed only by written vutrumern si�med by �����ta[e auditur,as appropriate,fur a minimum of six
oon�rhblay oCdata fila beyorci ihrt specified in Oiu bothOWNERandE7VGINEER s. CNGWHGRshailmaint�insuchrecocds(ora
Ageemem- 3.12 Neither parry sh�ll hold the other mu.imum of si.e ycars aftcr final payment
The ENGINEER will take masonable msponsibie fur damagcs or delay i�p�.�rfi>�tnance by
prccautivas[o prevent the transmission of any virus, acts of God,stnkes,lockouts,accidents,or othcr
or other cont3m¢4�tion with tlx exchange of electrunic events beyond Uie reasonable control of the other or
mecli:�but the INGIIQBE•R nukes no:s+w.uses that Ihe other s agents. However,when these delays
those precautions are adequa[e to assure a require additional work to be performed by
contaminationfinetruurnissiva ENGINEER, ENGINEER shall bc cntiticd to
12.7 Whenever Ihe OWNER elec[s to enter additiunal compen�a[ion at[he prevailing'Per Diem
into any contract or agreement with any persun or Rates"or as otherwise agrccd[o between OWNER
enrity other Uian ENGINEER for the perfortnance of andENGL*fEER
seevices on the PRO.IECT,ETIG[NEER�vill not be
mpoa�ble ti�r the acts or omissio�u of s-aid petsoru or
GShakopee,MNAgreementforProfessionalServices,10-3-12.docx --...•...-,•� ... ...•�-�
� • • • i � � • ' •
Our Understanding of
Your Project
Shakopee, MN
' The City of Shakopee(City)has a contract
for refuse,recycling and yard waste col-
lection services with Dick's Sanitation that
expires on May 31,2014. The existing con-
"; tract was originally signed in 2001 and has
been extended twice. The contract exten-
sions were the most cost-effective means at
the time to accommodate changes for the
needs of the City and for Dick's Sanitation.
The City is considering changing to a"single-stream recycling system
from the cunent"dual-stream"system. Such a change will use single-
stream rolling carts and may require new trucks.
Fro�n helping to develop a
long-range str•ategic plan to Dick's approached City staff about converting the City's system to sin-
reduce costs and improve your gle-stream and requested another five-year contract extension to imple-
ment the new program including purchase of carts and trucks. The City
overall solid wnste program, prefers to seek competitive proposals for a longer contract rather than
to assistance with bidding simply negotiate the extension.
and contract development,
Beyond consideration of a change to single-stream recycling,there are
to helping your organization additional services that the City may consider such as organic waste
switch from a manual to a (e.g., separated food waste)collection. Like automated garbage collec-
tion, single-stream recycling and source separate organic waste collec-
fully automated collection svs- tion services are typically provided using automated trucks and rolling
tem, Foth can skillficlly ga�ide storage carts. The City recognizes that the carts have value beyond the
you through the process. end of a typical five-year collection contract and the City is interested in
considering options for the City to own the carts.
The City has requested consulting assistance for the following:
• Review and comment on the City's curreut contract for improvement
opportunities,especially related to single-stream recycling and
potential separate organic waste collection,
• Identify and help decide the issues that may be specified in a new
contract,including single-stream recycling,separate organic waste
collection,ownership of carts,materials to be picked up,etc.
� Formatting the RFP
� Solicitation of RFP respondents
• Review of RFPs received,and recommendation for awarding
Refuse and Recycling Collection Services � �Oth
Shakopee,MN�eptember 2012 �
1-1
♦ Meetings with City's Environmental Advisory Committee(EAC),
staff,and City Council as needed.
The Foth Project Team is very experienced with this type of project and
we are joined in this proposal by Tracy Coenen-Schaefer,who previ-
ously worked for the City of Shakopee and was heavily involved in the
City's previous refuse contracting processes. We will capitalize on the
strengths of the Project Team members to best address the needs of the
City. Generally,we will use the Foth member expertise for the techni-
cal aspects of the collection services and contracting process and Schae-
fer Consulting for familiarity with the City and the previous contracting
process.
We anticipate some involvement with the City's EAC to collect input on
potential service changes.
Scope of Services - Steps for Success
Task 1 — Project Management and Kick-Off
Meeting
The Project Team will meet with the City staffto start the project.
This meeting will cover the typical project management content and
schedule,but also be used to have a preliminary discussion on issues
or potential service changes the City may want to consider ar have
addressed by the EAC. Potential topics include:
� Review of the existing RFP and contract to identify and discuss
issues
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Refuse and Recycling Collection Services � FOth
Shakopee,MN�eptember 2012 �
1-2
` ,,� ,,g. �,*�r� ..� , Single-stream recycling(e.g.,current
�,r- �� � � � �� a ,�„'� � landscape of potential service
, �
� � �a
�,* �,�,�{ .�:� r :� � '�� ,,.� k� t' providers to Shakopee)
� ,-�:� -n�. �.T, _ � . . .�� �
`���' �` �;� �.� � ' '���'� . , .��� � Recyclables revenue sharing
� ,�:y,„ ,�. �s �
�-' �� � ;� : � �'.� � � �- ��, . �� � approaches
,.� • a � .,.�
: "
`s„ �
� ' � ' '� ��� ' �* a chase s
_ � � ion
,_
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�' � C rt pur opt
� .� �'�'"` "'' .--' � ° '�
,�
��� ��."::�" � � ��� � � � Separate organic waste collection
'� �• � �' �� �"`.
M��y �.': '�'�� �` �.� options
iy. �:��
A � ti 4'- �
F
�',�� � '�� �;��� `�"` ���F ` �` � � � Unit-based pricing(also known
, ,
��w ° p`�� �' as variable rate pricing or"pay as
����������, ;
, .
_ �. �_. _. .
� �,�
�� d � ��'"� � you throw")
Continued waste processing over
landfilling
• Separating disposal tipping fee charges from the cost of collection
service
• Equitable fuel escalator contract provisions
� � � ♦ RFP management/communications with prospective proposers
_ ♦ Review and make suggested changes to the City's refuse ordinance
'��� �q • Expand public education opportunities
t� � � The potential to add City park refuse and recycling pick-up to be
`*� �. � �, completed by the hauler but billed to residents
� r� ��
- ��� • Increases in residential participation incentives
, � � �;,, fi � ,�,
�. «��~��'''� � � Potential pros/cons of different billing options(City, SPUC or the
�'`*_�'����� �` hauler as well as electronic payment options to include credit cards,
� �� tablets and mobile device formats)
PVC
• Explore adding more recyclable materials to the contract(i.e. milk
cartons,juice boxes,pop and beer boxes)
• Pros and cons of different contract terms(five-years versus seven-
years considering amortization of capital costs associated with carts
and new trucks)
• Improving hauler reporting
requirements � --- .
• Consider radio-frequency Y � �1�' °� 4 �-��
identification(RFID)tags on �� � �{` �. � � � `
containers � i
� Evaluate the number of clean up '�'��� ���' ; ��� ���
days ������ ���
• Request a hauler implementation
action plan outlining the prospective haulers transition plan
Refuse and Recyciing Collection Services '� FOth
Shakopee,MN--September 2012 �
1-3
�: �,; '� Tbe Project Team will describe each of the potential topics and
� --'� � �.-�`T;°M�, suggest potential pros and cons or the benefits of a particular
� � ` ;:���i���it i t approach. It is anticipated that the City staff will provide guid-
'�; ,�* ,g. , , �,��� � � • ance on the potential issues,whether the change is desired,
1�IFl21 �fl�`�
��'�� .Y.�. ;% should be addressed with the EAC,or should not be considered
1,.���?�;'�(, fiirther.
A1AIN FN?RANCE i
��:;��' �����`'.��, � The typical project management needs will be addressed in this
- _ *� �_�"�e _ �� task(progress reports,meeting notes,budget status, etc.).
� ..
lleliverables
♦ Kick-Off Meeting agenda, background materials,and notes
• Kick-Off Meeting attendance
• Project management activities throughout the project.
Task 2 — Facilitation of the
EAC Meetings
The City may desire the Project Team
�.,� �,, . , .��.. .. �� �.,. � ,. ..��,, �_ , .,..�, .-�. . .�.. ,�._ r� ,.w ,. ����� to work with the EAC on select top-
ics that are of particular interest. The
expectation is that the EAC will pro-
vide input and/or direction for how
the select topics are best approached
� '� in Shakopee. The EAC may be able
• °� i� to provide meaningfiil Ciry resident
,. , - • a..
ro�,
� � �� � .��+ � � � �� � �`� �`� � perspectives on discussions about
� -�*-i ' � "' � , � new services such as single-stream
"�'� � recycling and separate organic waste
,,._,_,�
- _ _ collection,automated equipment,
w ...,_.
��� ""��"'�" �-� � �-��.;� �,� � �� � � public education and communication
with residents,residential participation
incentives,addition of recycling in the
parks, and billing options.
The Project Team will prepare background materials on the selected
issues,present and explain the issues,facilitate the discussion, and seek
direction as appropriate from the EAC. There may be advance direction
provided by City staff as to the extent of"leeway"the EAC has on the
selected topics.
For purposes of the project cost estimate,we assumed there will be two
(2)meetings for the Project Team with the EAC.
Refuae and Recycling Collection Services � �Oth
Shakopee,MN—September 2012 �
t-4
-°- -r--"` � ����� � Deliverables
� ♦ Facilitation of two(2)EAC meetings
�
�`,���s'�` �� ♦ Background materials and handouts pertinent to the selected topics
��� ���
� ,;. ,,;'� e
'� Task 3 — Preparation of the RFP and Service
� ' �� Agreement
'��` e�:�
"' The Project Team will prepare the RFP and accompanying service
agreement to be issued by the City. The base documents for the RFP
and agreement are anticipated to be a combination of the City's previ-
ous RFP and agreement and documents prepared by the Project Team
for other projects in different cities. The documents will be provided to
the City for review and comment prior to being finalized. The Project
Team will follow the City's protocol for issuance of the RFP.
Deliverables
� Draft and final RFP and Service Agreement documents
Task 4 — Solicitation of RFP Respondents
After the RFP is issued by the City,the Project Team will lead a Pre-
proposal Meeting that will be held by the City for interested haulers.
The RFP will be highlighted,key services noted, and the proposal
submission requirements will be explained. Questions raised by attend-
ees will be addressed to the extent possible at the meeting. The ques-
tions will be noted and written answers be made available to potential
proposers. Based on the questions received,there may be a need for
addenda to be provided during this time period of the RFP process.
Deliverables
• Attendance at the Pre-proposal meeting.
• Addenda as required.
, �,. .. .
,, «. ,.
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x� . _ � �, .
f
ta
Refuse and Recycling Collection Services � �Oth
Shakopee,MN�eptember 2012 �
1-5
. Task 5 — Review and Evaluation of Proposals
� ,, � a,�
° ���.t ' � '� t .� �� � "'�� The Foth Project Team will work with the City's proposal review team
� � �� " � � to review each proposal received based on the Evaluation Process
��,'�''� " �
described in the RFP evaluation criteria. It is antici pated that cost will
� ° v � not be the only criterion,but rather the criteria will include experience,
ryt-�'"� technical approach,management capabilities, and perhaps environ-
mental considerations that all taken together represent the`Best Value"
,,,,�-': � to the City. Depending on the number of proposals received and their
,..� � � , relative compehhveness,the City many or may not choose to el�mmate
� ' ; some proposals from the detailed evaluation process due to high cost or
�`-' some other criteria.
Each member of the proposal review team will review each of the pro-
K.,�' , r+ posals and identify questions or clarifications that are required in each
" �' �" proposal. These questions will be compiled by the Foth Project Team
°�`� r � - "�� i and submitted to each proposer to prepare a written response. lnter-
�"' views of the companies can be very helpful in deternuning how well
; �� .�'� �-' they will perform during the contract. These are typically held with the
f� ����
�;,��..a City's evaluation team and the Foth Project Team with the companies
� r��"` ' explaining their proposal and management capabilities. They will also
'��� �,
� x? respond to the written questions as well as any that arise during the
..�,� . f�' �. �`
• � �� � ��""���'��" � interview.
`� ,`
+� � .,��,f'
`` �''*', .�� , The Foth Project Team will complete the financial evaluation of each
�` of the proposals and summarize the results for the City's evaluation
team. Based on all the information received in the proposals,questions/
answers,and interviews,the City's evaluation team will score each of
x= _::.�►��-. '"' the proposals independently,being consistent in their scoring method-
-��-�•�_---�..�:.:� - ology. The Foth Project Team will compile the individual evaluation
,�--�'-- -�`'' fi ; team member rankings,prepare a written report of the procurement
, --�'=���_�=� �` �` process and recommendation for consideration by the City Council. If
�,s,°a
�.+�'�" ' desired,a Foth Project Team member will attend the City Council meet-
��,... k ing to present the recommendation and answer any questions.
- �- Deliverables
`-=---`��..�----�`_�,
�`''�"� � Questions/requests for clarifications on each proposal and a
..�..-�� :�;� ,��
�.... compiled list of questions for each proposer(budget assumption of
four proposals requiring detailed review).
� Attendance at the interviews(budget assumption no more than 4
interviews all held on the same day).
• Financial evaluation of the proposals including the numerical
ranking of each proposal and a summary of the results.
• Compiled evaluation rankings from City evaluation team.
Refuse and Recycling Collection Ssrvicea � �Oth
Shakopee,MN--September 2012 �
1-6
- • Written summary and recommendation for City Council
� consideration.
��,.
� ��°'�� • Council meeting attendance(if desired).
� --
� - Owner Responsibilities
�.�
_ ,�, _ �
�"r��''� � � - The City is responsible for the following information and activities:
,�g° : - Provide a single contact source for review,comment,and decision
.�� �_: , � �.� making on all issues related to the project,
�(� � Participation in the Project Kick-Off ineeting,
j ;� �° Electrc�nic copy of the previous RFP and contract document,
^ Arrangements for EAC meetings,including setting EAC meeting
:� . agenda
• Provision of necessary updated data for the RFP such as number
and type of household counts,recyclables characterization(e.g.,
tonnages,composition)and input to the service requirements to be
included in the RFP,
• Necessary legal review of the RFP and Service Agreement,
♦ Issuance of the RFP and Service Agreement via the City's standard
process,
♦ Arrangements for the Pre-proposal meeting,
• Issuance of addenda prepared by Foth(as necessary),
� �� � � ,w� �' �
�" � �" *� � � � Ciry Evaluation team participation in the review and ranking
,r�' r�, � �, � , �. ��,
�,�� ,�{. � process,and
.r� �,�b.
�� $"�, ��.�� � � Review of the summary report and recommendation.
�r; :,�, �,�.
>
.
�Y;� `�l ,�ii� �<
�o�
+,� r ..
_ �3;� �� ,
� t.
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�"uu�°-` '-•�y�+��"" � � "`x
a�� ��l� � .'.
��l
Refuae and Recycling Collection Servicea ��/'� ��th
Shakopee,MN�eptember 2012 '"
1-7
Houriy Rates of Key Team Members
. I
Warren Shuros, Client Team Leader, Strategic Consultant $157
Dan Krivit, Project Manager $135
Susan Young, Technical Consultant �125
Tracy Coenen Schaefer, Technical Consultant (subconsultant) $95
Debra Casmer, Project Administrative Specialist $77
Roni Oman,Administrative Assistant $69
Refuse and Recycling Collection Services � FOth
Shakopee,MN�eptember 2012 �
Foth Environment Division
2012 Standard Labor Rate Schedule*
Classification Hourly Rate
Director/Principal $150.00 - $235.00
Senior Project Manager $135.00 - $200.00
Senior Consultant $135.00 - $180.00
Project Manager S 110.00 - $175.00
Lead Engineer $115.00 - $175.00
Project Engineer �95.00 - $130.00
Engineer $90.00 - $110.00
Lead Scientist $115.00 - $175.00
Project Scientist $85.00 - $120.00
Scientist $75.00 - $100.00
Project Designer/Technician $80.00 - $110.00
Technician/CADD �60.00 - $95.00
GIS Specialist $100.00 - $145.00
Lead Admin. Assist./Work Plan Coordinator $65.00 - $85.00
Administrative Assistant $55.00 - $75.00
Clerical �50.00 - $70.00
INVOICING PROCEDURES
1) All personnel are billed portal-to-portal for required travel.
2) All testimony or direct mediation work,including depositions;trial testimony;
mediation meetings or presentations;public meetings;public hearings; standby
time,deposition,pre-trial preparation;and other litigation/mediation services will
be billed with a separate Litigation/Mediation Fee Schedule.
3) Expedited deliverables requested by the client that require overtime work will be
billed at one and one-half times the hourly billing rate for the overtime hours
warked.Prior notice of this surcharge will be given.
4) Foth Infrastnicture and Environment,LLC.reserves the right to periodically
modify this schedule,as appropriate.
* Do not provide this fee schedule or copies of the fee schedule to other parties withoirt
priar approval of Foth Infrastructure and Environment,LLC.
K:\Contracts\Client ID\Shakopee,MN�2012 Standard Labor Rates and Resource Charges(including meals).doc
Foth Environment Division
2012 Standard Resource Charges*
Item Cost basis Std charge
Computer Usage"�
AutoCAD/Intergraph Cost/Usage $15.00/hr
High End Software Cost/LJsage $15.00- 30.00/hr
Standard Office/Communication Expenses«'
Photocopies, Fax, Phone, Scans,Postage Equipment/Material 1-2%of labor
Travel
Automobile Travel Mileage Federal Rate�3�
Public Transportation Cost+ 15%
Subsistence and Lodging Actual cost Cost+ 15%
Meals Actual cost Cost+ 15% (OR)
Meals Per diem $52/day
Survey/Sampling Vehicles Mileage $0.92/mi �4�
Off Road Vehicle Usage Day $5.00
CADD Plotting/Drawing Reproduction
Bond(black&white) Equipment/Labor/Material $0.35/sq ft
Bond(color) Equipment/Labor/Material $1.25/sq ft
Equipment
Special equipment rates quoted on an individual basis, if requested.
Subconsultants (drilling, laboratory, etc.) Cost�s�
Outside Printing Costs Cost+ 15%
Specialty Mailing Services Cost+ 15%
Miscellaneous Cost+ 15°/o
Notes: The cost of specific technical equipment and employee travel expenses needed on projects is in addition to the above
hourly rates. This list is not all inclusive but represents the most common resource charges applied to Foth projects.
(1) Computer Usage fee is designed to cover the following: 1)maintaining computer systems and software and other
technology.
(2) Commtimication fee is designed to cover Foth's costs for the following: 1)all telephone and long distance
charges,except for extended long distance calls or conference calls;2)all charges associated with facsimile
sending and receiving;3)all standard postal and shipping charges,except express mail;and 4)all normal
copying and other reproduction costs,except for major or outside reproduction costs.
(3) Mileage rates are subject to change based on Federal Govemment Standards.
(4) Mileage rates are subject to change based on economic conditions.
(5) If requested,Foth shall procLire and coordinate the services of independent laboratories,subconsultants,drilling
contractor,etc. The cost of the independent services shall be passed on directly to the owner with no surcharge.
*Do not provide this fee schedule or copies of the fee schedule to other parties without prior approval of Foth Infrastructure and
Environment,LLC.
K:\Contracts\Client ID\Shakopee,MN�2012 Standard Labor Rates and Resource Charges(including meals).doc
8/2/13 Cityof Shal�pee Mail-password change
����
�H.�"-�.KC�I'E E
password change
Karen Macklin <kmacklin@ci.shakopee.mn.us> Fri, Aug 2, 2013 at 10:17 AM
To: mrucke@logis.org, Melissa Schlingman <MSchlingman@ci.shakopee.mn.us>, Julie Linnihan
<JLinnihan@ci.shakopee.mn.us>
FYI, Today when login into Paypal's to get the monthly credit card charges I was notified that our password has
not been changed for 92 days. New password is August2013
Karen Macklin
City of Shakopee
Finance Dept
952-233-9328
kmacklin@ci.shakopee.mn.us
https://mai I.g oog le.corr�mai I/?ui=2&i Ir bbb149ce20&�ie�pt&search=inbox&th=1403f9b4387cacc9 1/1
Foth Project ID 125052
Foth Release Date June 1, 2013
Addendum No. 3
Page 1 of 2
STANDARD FORM OF ADDENDUM
(Agreement for Professional Services)
This Agreement shall be an addition to, and subject to the conditions contained in that Agreement for
Services dated October 3,2012 between Foth Infrastruchtre&Environment,LLC(ENGINEER), and
City of Shakopee, Minnesota(OWNER).
WHEREAS the OWNER wishes to engage the ENGINEER to provide various services as described
below, in accordance with ENGINEER procedures, standards, and normal billing practices, and
WHEREAS the project to which such services apply is referred to as the PROJECT and described
generally as follows:professional consultin�services and
WHEREAS the ENGINEER has agreed to perform such work.
NOW, THEREFORE, and in consideration of the above,the ENGINEER and the OWNER do hereby
agree and covenant as follows:
SECTION 1 —SERVICES
ENGINEER will provide general consulting services,related to the OWNER's solid waste and recycling
activities in accordance with the terms and conditions of our Agreement for Professional Services dated
October 3, 2012. Such general consulting services may consist of tasks such as:
• Technical assistance with the City's planning and implementation of purchase of refuse and
recycling carts.
♦ Technical assistance with odor management planning and coordination.
♦ Technical assistance with other issues as directed by the City Administrator from time to time.
OWNER will provide verbal or written authorization of tasks to be performed by ENGINEER
prior to services being rendered.
SECTION 2 -COMPENSATION
AN INITIAL PAYMENT OF Zero Dollars($0) shall be made upon execution of this Agreement and
credited to the OWNER's account at final payment.
2.1 HOURLY RATE AND EXPENSES
Whereas the OWNER has elected to compensate the ENGINEER for services on an hourly rate and
expenses basis, such compensation shall include payment for labor, direct expenses, and other
compensation as follows:
Hourly Rate and Direct Expenses Schedules:
The hourly rates and direct expenses to be used for ENGINEER's services shall be determined by the rate
schedules incorporated into this agreement as shown on the attached schedule. The ENGINEER reserves
the right to adjust the rate schedules on a yearly basis.
K:\Contracts\Client ID\Shakopee,MN�Refuse&Recycling October 2012\GCity of Shakopee,MN Refuse&Recyclin�Ad#3,E7-I-13.CIOCXFORM RSK014-A(12/06)
Foth Project ID 125052
Foth Release Date June 1, 2013
Addendum No. 3
Page 2 of 2
Other Compensation:
It is �mderstood that when requested by the OWNER, the ENGINEER shall procure the services of
independent inspection bureaus, laboratories, soil exploration firms, etc. However,this is for the
convenience of the OWNER and the ENGINEER shall provide coordination only of these services at the
labor rates determined above. The ENGINEER shall pass the costs of the independent services directly to
the OWNER for payment with a surcharge of 15% (Note 4) to cover the processing expenses of the
ENGINEER.
Payments are due and payable thirty (30)days from the date of the ENGINEER's invoice. Amounts
unpaid thirty(30) days after the invoice date shall bear interest at the rate of one percent(1%)per month
from invoice date.
SECTION 3 -TIMETABLE
Services will be provided on a schedule muhially agreed-upon between OWNER and ENGINEER.
SECTION 4 -SPECIAL CONDITIONS
All other provisions of that Agreement referred to above shall remain in force unless otherwise modified
or deleted above.
IN WITNESS WHEREOF the parties hereto set their hands and seals dated this lst day of June, 2013.
For ENGINEER: For OWNER:
Foth Infrastructure & Environment,LLC City of Shakopee,Minnesota
By: By:
Name(Please print): Warren A. Shuros Name(Please print):
Title: Client Director Title:
_ j , � JD
�` ZL�%�'..�:Ci��� %�ZL 2�'Zr�.
By: � By:
Name(Please print): Kathleen M. Osborne,P.E. Name(Please print):
Title: Senior Proiect Manager Title:
K:\Contracts\Client ID\Shakopee,MN�Refuse&Recycling October 2012\GCity of Shakopee,MN Refuse&Recycling Ad#3,6-1-13.docxFOaM asxota-n�i zio6�
Foth Environment Division
2013 Standard Labor Rate Schedule*
Classification Hourly Rate
Director/Principal $150.00 - $235.00
Senior Project Manager $135.00 - $200.00
Senior Consultant $135.00 - $180.00
Project Manager S 110.00 - $175.00
Lead Engineer $115.00 - $175.00
Project Engineer $95.00 - $130.00
Engineer $90.00 - $110.00
Lead Scientist $115.00 - $175.00
Project Scientist $85.00 - $120.00
Scientist $75.00 - $100.00
Project Designer/Technician $80.00 - $110.00
Technician/CADD $60.00 - $95.00
GIS Specialist �100.00 - $145.00
Lead Admin. Assist./Work Plan Coordinator $65.00 - $85.00
Administrative Assistant $55.00 - $75.00
Clerical $50.00 - $70.00
1NVOICING PROCEDURES
1) All personnel are billed portal-to-portal for required travel.
2) All testimony or direct mediation work,including depositions;trial testimony;
mediation meetings or presentations;public meetings;public hearings; standby
time,deposition,pre-trial preparation;and other litigation/mediation services will
be billed with a separate Litigation/Mediation Fee Schedule.
3) Expedited deliverables requested by the client that require overtime wark will be
billed at one and one-half times the hourly billing rate for the overtime hours
worked.Prior notice of this surcharge will be given.
4) Foth Infrastructure&Environment,LLC.reserves the right to periodically modify
this schedule,as appropriate.
*Do not provide this fee schedule ar copies of the fee schedule to other parties without
prior approval of Foth Infrastructure&Environment,LLC.
K:\Contracts�?Ol3 Standard Labor Rates and Resource Charges.doc
Foth Environment Division
2013 Standard Resource Charges*
Item Cost basis Std char�e
Computer Usage�'�
AutoCAD/Intergraph Cost/Usage $15.00/hr
High End Software Cost/LTsage $15.00-30.00/hr
Standard Office/Communication Expenses�''
Photocopies, Fax,Phone, Scans, Postage Equipment/Niaterial 1-2%of labor
Travel
Automobile Travel Mileage $0.65/mi �3�
Public Transportation Cost+ 15%
Subsistence and Lodging Actual cost Cost+ 15%
Meals Actual cost Cost+ 15% (OR)
Meals Per diem $46/day
Survey/Sampling Vehicles Mileage $0.92/mi �4�
Off Road Vehicle Usage Day $5.00
CADD Plotting/Drawing Reproduction
Bond(black&white) Equipment/Labor/Material �035/sq ft
Bond(color) Equipment/Labor/Material $1.25/sq ft
Equipment
Special equipment rates quoted on an individual basis,if requested.
Subconsultants (drilling, laboratory, etc.) Cost+ 15%�s�
Outside Printing Costs Cost+ 15%
Specialty Mailing Services Cost+ 15%
Miscellaneous Cost+ 15%
Notes: The cost of specific technical equipment and employee travel expenses needed on projects is in addition to the above
hourly rates. This list is not all inclusive but represents the most common resource charges applied to Foth projects.
(1) Computer Usage fee is designed to cover the following: 1)maintaining computer systems and sofrware and other
technology.
(2) Communication fee is designed to cover Foth's costs for the following: 1)all telephone and long distance
charges,except for extended long distance calls or conference calls;2)all charges associated with facsimile
sending and receiving;3)all standard postal and shipping charges,except express mail;and 4)all normal
copying and other reproduction costs,except for major or outside reproduction costs.
(3) Mileage rates are subject to change based on Federal Government Standards.
(4) Mileage rates are subject to change based on economic conditions.
(5) If requested,Foth shall procure and coordinate the services of independent laboratories,subconsultants,drilling
contractor,etc. The cost of the independent services shall be passed on directly to the owner with a surcharge of
15 percent to cover the processing of expenses.
*Do not provide this fee schedule or copies of the fee schedule to other parties without prior approval of Foth Infrastructure&
Environment,LLC.
K:\Contracts\2013 Standard Labor Rates and Resource Charges.doc