HomeMy WebLinkAbout5H Local Surface Water Management Plan Report
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 26, 2017
AGENDA #: 5H
PREPARED BY:
PRESENTED BY:
PETE YOUNG, WATER RESOURCES ENGINEER
PETE YOUNG
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE SELECTION
OF A CONSULTANT TO COMPLETE THE LOCAL SURFACE WATER MAN-
AGEMENT PLAN AS PART OF THE 2040 COMPREHENSIVE PLAN UPDATE
DISCUSSION: Introduction
The purpose of this agenda report is to consider approval of a resolution approv-
ing the selection of WSB & Associates to complete the Local Surface Water
Management Plan (LSWMP) chapter as part of the 2040 Comprehensive Plan
update and authorizing the Mayor and City Manager to enter the City’s Standard
Agreement for Professional Services with WSB & Associates.
History
All cities, counties, and townships within the seven-county metropolitan region
must prepare a comprehensive plan and update that plan as needed every 10
years. Included in that plan is a chapter covering surface water management.
The last time the City updated our LSWMP was in 2006.
Current Circumstances
The City has experienced significant growth since 2006, so in addition to meet-
ing the requirements of the Met Council 2040 Comprehensive Plan update re-
quirements, this is also a good time to evaluate our existing system and con-
firm our future needs.
The information generated from this LSWMP update will be a useful tool as the
City evaluates new developments being proposed and the resources that will be
necessary to protect water quality and manage surface water runoff.
Conclusion
Staff sent out Requests for Proposals to complete the Local Surface Water Man-
agement Plan to three firms on May 12, 2017. Three responses were received
and evaluated by staff. Proposal costs are as follows:
1. Barr Engineering Co. ($39,875)
2. Bolton & Menk ($39,451)
3. WSB & Associates ($29,800)
ISSUES:
The City of Prior Lake has worked with WSB & Associates on previous occasions
and staff is confident that WSB & Associates project personnel will be able to
complete the necessary tasks on deadline and on budget.
2
FINANCIAL
IMPACT:
Financial impacts include consulting costs and city staff time dedicated to sup-
porting the LSWMP components of the 2040 Comprehensive Plan Update. WSB
& Associates has provided a not to exceed cost of $29,800. The costs will be
paid with allocated funds from Professional Services that were included in the
2017 budget specifically for this task.
ALTERNATIVES: 1. Motion and a second, as part of the consent agenda, to approve a resolution
approving the selection of a consultant to complete the LSWMP chapter as
part of the 2040 Comprehensive Plan Update.
Motion and second to remove this item from the consent agenda for addi-
tional discussion.
RECOMMENDED
MOTION:
Alternative #1.
ATTACHMENTS: 1. Request for Proposals
2. WSB & Associates Proposal
3. Standard Agreement for Professional Services
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
A RESOLUTION APPROVING THE SELECTION OF A CONSULTANT TO COMPLETE THE
LOCAL SURFACE WATER MANAGEMENT PLAN AS PART OF THE 2040
COMPREHENSIVE PLAN UPDATE
Motion By: Second By:
WHEREAS, City staff sent a Request for Proposals that defined the major responsibilities,
scope of work and project schedule related to the completion of the Local Surface
Water Management Plan chapter as part of the 2040 Comprehensive Plan Update
to three firms; and
WHEREAS, Three proposals were received: Barr Enginering Co. ($39,875), Bolton & Menk
($39,451), and WSB & Associates ($29,800); and
WHEREAS, City staff is recommending that the City Council select WSB & Associates at a cost
of $29,800; and
WHEREAS, The Prior Lake City Council has considered the recommendations of City staff and
has selected WSB & Associates to complete the Local Surface Water Management
Plan chapter as part of the 2040 Comprehensive Plan Update.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. WSB & Associates is hereby selected to complete the Local Surface Water Management
Plan chapter as part of the 2040Comprehensive Plan Update.
3. The Mayor and City Manager are hereby authorized to execute a Standard Agreement for
Professional Services with WSB & Associates.
Passed and adopted by the Prior Lake City Council this 26th day of June, 2017
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
REQUEST FOR PROPOSAL
LOCAL SURFACE WATER MANAGEMENT PLAN UPDATE
Proposals are due
May 31, 2017
4:00 p.m.
REQUEST FOR PROPOSALS
PROFESSIONAL ENGINEERING SERVICES
LSWMP UPDATE
2
PROJECT BACKGROUND
Prior Lake is a City located in Scott County on the southwest edge of the Twin Cities metro area.
The City encompasses 19 square miles of land, and is home to approximately 25,000 residents.
The City is part of the Metropolitan Council Planning Area and will be updating its
Comprehensive Plan in the near future. In preparation of this effort the City is interested in
updating the City’s Local Surface Water Management Plan (LSWMP) that will ultimately inform
the work on this effort. The last LSWMP was completed in 2006 (Major Amendment was
approved in 2012) and is available upon request.
The City is seeking proposals from qualified firms to update the 2006 LSWMP. The LSWMP will
be done in coordination with the Comprehensive Plan update and the selected consultant will
be expected to coordinate and work with the City’s Comprehensive Plan consultant. The
selected consultant will produce a stand-alone plan that addresses deficiencies in existing
systems and capital needs for future system expansions. The plan shall include projected costs
and various options for funding the recommended improvements such as grant programs. A
projection of when the capital improvements will be needed should also be included. The plan
shall address the elements identified in the Metropolitan Council’s Local Planning Handbook for
surface water.
PROJECT SCOPE
A. OBJECTIVE
Provide the City of Prior Lake with a plan updating the City’s 2006 LSWMP. The plan
shall address all areas included in the City’s Comprehensive Plan and any additional
service areas identified by the City.
B. CONSULTANT PROJECT TASKS
1. Update the City’s 2006 LSWMP to meet the requirements listed in the Metropolitan
Council’s criteria for Comprehensive Plan updates and the requirements under
Minnesota Rules Chapter 8410 and Minnesota Statutes 103B.235.
2. Incorporate TMDL/WRAPS studies and the 2016 Stormwater Management and Flood
Mitigation Study.
3. Evaluate the Trunk Stormwater Acreage Charge for new development and make
recommendations on any updates to the City Fee Schedule.
MAY 31, 2017, 4:00 P.M., CITY OF PRIOR LAKE MAINTENANCE CENTER
REQUEST FOR PROPOSALS
PROFESSIONAL ENGINEERING SERVICES
LSWMP UPDATE
3
4. Produce a summary of the results to be used as the surface water chapter in the
City’s Comprehensive Plan and a full report that includes the following elements at a
minimum:
Text
• Executive Summary
• Introduction and Purpose
• Land and Water Resources
• Goals, Policies, and Guidelines
• Wetland Management Plan
• System Assessment and Design
• Implementation Plan
• Summary
• Appendices
Tables
• Prior Lake Population
• Prior Lake Climate Data
• Prior Lake 24-hour Rainfall Depths and Frequency
• Wetland Data (quality, buffers, protection, stormwater susceptibility)
• Impaired Waters List
• Water Monitoring Data
• Stormwater Data (rate/volume control, BMPs, pollutants)
• Drainage Districts
• Stormwater Utility Data
• CIP
Figures and Maps
• Location Map
• Land Use Plan
• Annexation Plan
• Public Waters
• Wetlands
• Impaired Waters
• Surface Water System
• Hydrologic Soils Groups
• Surficial Geology
REQUEST FOR PROPOSALS
PROFESSIONAL ENGINEERING SERVICES
LSWMP UPDATE
4
• Bedrock Geology
• Well Inventory and Wellhead Protection Areas
• Environmental Hazards
• Floodplain
5. Add Alternate: Review and update existing City XP-SWMM model for current
conditions. Model was created in 2006 with no subsequent updates.
C. MATERIALS TO BE PROVIDED BY THE CITY
Materials
• City population projections based on Metropolitan Council System Statements.
• Maps of City including overall stormwater system, current land use, proposed
land use, current zoning, and contour data
• As-builts of existing stormwater infrastructure
• Water pumping records
• Water Billing Records
• Water Quality Data
• Past Water Comprehensive Plans
• Past Emergency and Conservation Plans
• General information as available
• XP-SWMM model (add alternate only)
Services
• Access to facilities
• Access to available information
• Assistance in acquiring field data as necessary
Note: Operation of all City facilities will be by City staff only.
PLANNING AND COUNCIL MEETINGS
The consultant shall prepare for and attend the following project meetings with City staff
during completion of the LSWMP update:
• A kick-off meeting with the entire LSWMP team
• A council workshop
• A City Council meeting.
• A planning commission meeting
• A planning commission meeting public hearing
REQUEST FOR PROPOSALS
PROFESSIONAL ENGINEERING SERVICES
LSWMP UPDATE
5
• Three staff meetings to discuss progress and issues
The consultant shall prepare the necessary presentations for the meetings.
PROJECT SCHEDULE
The consultant shall begin the project as soon as an agreement has been approved by the City.
A preliminary schedule by the City for the initial draft of the LSWMP is set for March 31, 2018.
The LSWMP must be submitted to the Prior Lake-Spring Lake Watershed District, Scott Water
Management Organization, and the Metropolitan Council by December 31, 2018.
PROPOSALS
I. PROPOSAL CONTENTS
The following must be considered minimal contents of the proposal:
A. A restatement of the goals and objectives and the project tasks to demonstrate the
responder’s view of the project.
B. An outline of the responder’s background and experience with particular emphasis on
local government work. Identify personnel to conduct the project and detail their
training and work experience. No change in personnel assigned to the project will be
permitted without approval of the City.
C. A detailed work plan identifying the work tasks to be accomplished and the budget
hours to be expended on each task and subtask. Add Alternate shall be detailed as a
separate task.
D. A listing of the names, addresses and telephone numbers of at least three (3) references
for whom the respondent has completed a Local Surface Water Management Plan.
Reference Cities should have a population of over 10,000 people.
II. DEPARTMENT CONTACTS
Prospective responders who may have questions regarding this Request for Proposals may call,
email, or write:
Peter Young, P.E.
pyoung@cityofpriorlake.com
Water Resources Engineer
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
952-447-9831
REQUEST FOR PROPOSALS
PROFESSIONAL ENGINEERING SERVICES
LSWMP UPDATE
6
III. SUBMISSION OF PROPOSALS
All proposals must be sent to and received by:
Barb Thompson
City of Prior Lake
17073 Adelmann Street SE
Prior Lake, MN 55372
no later than Wednesday, May 31, 2017 at 4:00 p.m.
Late proposals will not be accepted. Submit three hard copies and one electronic copy of the
proposal. Proposals are to be sealed in mailing envelopes or packages with the responder’s
name and address clearly written on the outside. Each copy of the proposal must be signed by
an authorized member of the firm(s). Terms of the project as stated must be valid for the length
of the project.
The City is not responsible for any costs incurred by the responding Consultant in the
preparation of the Proposal or for any other cost to the Consultant associated with responding
to the RFP.
All Proposals submitted in response to the RFP will be considered the property of the City and
will not be returned.
This RFP does not obligate the City of Prior Lake to award a contract or complete any specific
project. The City reserves the right to cancel the RFP or to change its scope if it is considered to
be in the best interest of the City.
The City reserves the right to contact Consultants individually for the purpose of clarifying
Proposals.
Any and all exceptions to the requirements of this RFP must be identified and fully explained in
the submitted Proposal. Failure to do so could result in disqualification of the Proposal.
IV. EVALUATION
All proposals received by the deadline will be evaluated by representatives of the City. Factors
upon which proposals will be judged include the following:
A. Expressed understanding of proposal objectives
B. Work plan
C. Cost detail
REQUEST FOR PROPOSALS
PROFESSIONAL ENGINEERING SERVICES
LSWMP UPDATE
7
D. Qualifications/experience of company
E. Qualifications/experience of personnel working on the project
V. SELECTION
Selection of a consultant for this project will be based on the criteria noted above. Upon initial
selection of the consultant, the City will enter into negotiations with the selected consultant to
finalize the work plan including budget hours. Should the City and the selected consultant fail to
satisfactorily reach agreement as to the work plan including budget, the City may enter into
negotiations with the respondent judged second in the evaluation process.
A Proposal to Provide Professional Services for the
Local Surface Water
Management Plan Update
for the City of Prior Lake
May 31, 2017
701 Xenia Avenue South | Suite 300 | Minneapolis, MN 55416 | (763) 541-4800
Building a legacy – your legacy.
Equal Opportunity Employer | wsbeng.com
May 31, 2017
Ms. Barb Thompson
City of Prior Lake
17073 Adelmann Street SE
Prior Lake, MN 55372
Re: Proposal for Local Comprehensive Storm Water Management Plan
Dear Ms. Thompson:
On behalf of WSB and Associates, Inc. (WSB), we would like to thank the City of Prior Lake for the opportunity to
present this proposal to complete an update to your Local Comprehensive Storm Water Management Plan.
Within our proposal, we have provided a detailed work plan, schedule and fee, along with information on our firm
and project team experience that we feel demonstrates we are not just fully qualified, but uniquely qualified to
assist you with this important project.
We believe our proposal demonstrates this finding based, in part, for the following reasons:
1. Our team truly understands Prior Lakes Storm Water Management Plan update needs and objectives.
This understanding is based on our team’s direct knowledge, history working with the City, past technical
analyses, and input from many other sources.
• Jake Newhall, our proposed Project Manager, is familiar with the Cities objectives and enhanced by a
further understanding of your storm water asset management needs.
• Bob Barth, completed your last update in 2006 and has an extensive and broad-based historic
perspective of your needs and past approach toward storm water management.
• Earth Evans, has firsthand knowledge of your current SWMM model that she developed in 2006 and
understands what it will take to update the model to reflect updated rainfall probability curves.
• Alison Harwood, understands your wetland management planning needs, and currently serves as
your RGU official in the administration of the Wetland Conservation Act.
• Pete Willenbring, has over 35 years of history completing storm water plans in the area, including the
Cities of Shakopee and Savage, and has history working with the Prior Lake Outlet Channel TAC.
• Stephanie Hatten is familiar with watershed rules in the area, and with numerous plans she has
completed, fully understands the content requirements for these plans.
We have also received recent input on your needs from Pete Young and Larry Poppler from your staff, and
WSB has developed further knowledge of your needs as a result of assisting your staff on a variety of recent
projects. The above interactions allow our team to truly understand your needs and objectives and provides you
with the assurance that the plan we develop for you will address your planning needs and objectives.
Ms. Barb Thompson
May 31, 2017
Page 2
2. Our work plan incorporates a proven plan update process.
The work tasks we have outlined in our proposal reflect an approach we have refined over the years that allows
us to efficiently and effectively deliver to you a clear, concise plan that allows the City to;
• Easily access valuable background data that is developed;
• Understand and utilize the well thought out goals, policies, and management strategies that are
developed throughout the process, and;
• Provide you with a categorically prioritized implementation plan and capital improvement program
that will serve to guide the City through the water resource challenges it will be experiencing in the next
10 years.
3. We provide cost-effective plan update services that offer real value.
The project team we have assembled has extensive experience completing storm water plan updates and has
first-hand knowledge of the water resources within the City. This will allow our team to “hit the ground
running”, anticipate and quickly respond to many of the water resource issues that you have (because we have
addressed similar issues in the past), and spend more time addressing the more difficult and challenging issues
that arise. We will deliver a plan that provides true direction to the City, and a plan you will routinely want
to reference.
4. WSB, as a firm, is structured to provide unsurpassed water resource management services to
municipalities.
Since it was formed in 1995, WSB has focused on providing, as a core service, consulting engineering services to
cities. Since that time, it has not only expanded its expertise in typical water resource engineering
activities related to hydrology, hydraulics, and water quality, but has also expanded its service offerings
to include over a dozen additional related water resource, environmental engineering, and regulatory
compliance areas that cities now need to address today’s water resource management challenges. The
SWAMP asset management program is an example of one of these service offerings.
These capabilities and our focus in these related areas of expertise are further described within our proposal and
allow us to provide expertise and resources other firms do not have when completing and implementing water
resource management plans.
5. We have a project team uniquely qualified to provide these services to the City of Prior Lake.
As can be seen in our qualifications, the members of the project team we have assembled has over 75 years
combined experience in water resource management planning, and these staff members have a history of
completing water resource management projects in the City and surrounding areas over the past 35 years.
This history includes, but is not limited to, completion of your previous 2006 plan update, development of your
most recent XPSWMM model, development of the 2006 Prior Lake Outlet Channel agreement/revisions, providing
LGU services related to the projects covered by the MN Wetland Management Act, and working with your staff on
a work plan to provide SWAMP asset management services - a service that could be efficiently incorporated into
this plan update process.
Based on the above qualifications and experience, we believe we are the logical choice to assist you in the
preparation of your plan. Thank you for the opportunity to submit this information and we look forward to your
favorable consideration of our proposal.
Sincerely,
WSB & Associates, Inc.
Jake Newhall, PE Pete Willenbring, PE
Project Manager Principal
Table of Contents
Statement of Goals, Objectives, and Tasks ...........................................1
Firm Overview .......................................................................................2
Background & Experience ....................................................................3
Project Team ..........................................................................................7
Work Plan ............................................................................................21
References ..........................................................................................27
701 Xenia Avenue South, Suite 300 · Minneapolis, MN 55416
Tel: (763) 541-4800 · Fax: (763) 541-1700 · wsbeng.com
Contact:
Jake Newhall, PE
(763) 231-4861
jnewhall@wsbeng.com
A Proposal to Provide Professional Services for the
Local Surface Water
Management Plan Update
for the City of Prior Lake
May 31, 2017
Statement of Goals, Objectives, and Tasks / 1
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
We understand that the City of Prior Lake is looking for a consultant to assist them with completing an update to their
2006 Local Stormwater Management Plan to meet current local, regional, state and federal requirements. In addition to
the statutory requirements, we also understand the City is requesting the plan update include the following:
·Incorporating relevant TMDL/WRAPS studies and related activities into the plan
·Incorporating, as appropriate, information provided in the 2016 Stormwater Management and Flood Mitigation Study
along with other relevant reports or studies completed since the last plan update
·Complete an evaluation of the Trunk Stormwater Acreage Charge and determine the extent to which if any, an update
is needed for the City’s fee schedule
·Provide as an alternate task, an update to the City’s XPSWMM model
A further breakdown of the tasks we propose to complete as part of the plan update are outlined in the project work plan
section of our proposal.
Statement of Goals, Objectives, and Tasks
Firm Overview / 2
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
When WSB was formed in 1995, its founders focused on creating a multidiscipline engineering fi rm that provides
technically-advanced, thoughtful, and creative engineering and design solutions and with over-the-top customer service
to meet the needs of clients such as the City of Prior Lake.
Since that time, WSB has grown to nearly 400 staff members and added many new service areas that allow our staff to not
only provide expertise to you in the typical municipal engineering service areas, but also in other related areas that can be
helpful in providing these core services. This broad base of expertise allows us to provide you with better service, more
creative and multi-faceted design solutions, and enhance our value to you in new, innovative, and collaborative ways.
Firm Overview
·Asset management systems
·Community planning
·Construction administration
·Design-build
·Economic development
·Energy
·Environmental compliance
·Environmental planning and
natural resources
·Geographic Information Systems
(GIS)
·Geotechnical engineering
·Landscape architecture
·Management analysis and
development
·Municipal engineering
·Pavement management/
forensics
·Right of way
·Structural engineering
·Surveying
·Transportation/traffi c engineering
·Water resources engineering
·Water/wastewater engineering
In regard to this storm water management plan update project, a wide range of expertise is needed to develop solutions
for many water resource issues that can come up during the plan update process. Outlined below is a listing of some
of the service areas for which we have specifi c expertise, that we may either formally or informally enlist to provide
additional value to you on this project:
Background & Experience / 3
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Within the State of Minnesota, the staff at WSB has unparalleled experience and expertise in preparing stormwater
management plans and completing plan updates for municipalities. We have completed plans and plan updates
similar to that requested by the City of Prior Lake for over 100 municipalities, as well as many Watershed Districts and
Watershed Management Organizations over the past 35 years. The cities for which we have provided this service are
further shown on the map provided below.
Background & Experience
Long Lake
Dickey's Lake
OronoLong Lake
Wayzata
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Circle
Pines
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Heights
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Excelsior
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Grove
Heights
Lino
Lakes
Long Lake
Mahtomedi
Maple
Grove
Medina
Mendota
Heights
Minnetrista
New
Brighton
North
St. Paul
Richfield
Rosemount
St.
Anthony
St.
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Park St. Paul
St.
Paul
Park
Savage
Shakopee
Shorewood South
St.
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Sunfish
Lake
West
St.
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Elk
River
Saint
Michael
Wyoming
1 inch = 7 miles
Legend
Previously Completed In Progress WSB SWMP Cities within Metro Area 07
Miles¯
Background & Experience / 4
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Storm Water Asset Management Plan (SWAMP)
Burnsville, MN
WSB developed a Storm Water Asset Management Program (SWAMP) for the City of Burnsville to help complete BMP
inspection and maintenance activities. This program is used by the City to meet MS4 requirements for storm water
basins, prioritize and budget for inspection and maintenance activities, track BMP total phosphorus and total suspended
solids treatment effi ciencies, respond to the public regarding pond maintenance, and design annual BMP cleanout/
maintenance projects. In addition, WSB has performed numerous pond inspections and SWAMP updates to keep the
program customized, accurate, and up-to-date.
Our project team also has extensive and directly applicable
local knowledge and experience working with the watershed
districts and WMO’s in the Prior Lake area on similar plan
update projects. This includes, but is not limited to, plan
development and updates for the Cities of Shakopee,
Burnsville, and Savage. Our team is familiar with the water
resource issues and concerns currently faced by the City of
Prior Lake, in part by having completed the last update to the
City’s local storm water plan in 2006, and developed the most
recent SWMM hydrologic model for the City. This experience
allows us to anticipate and address issues that will come up
during the plan update process, and allow us to develop well-
thought out solutions that take into consideration outcomes
experienced in other communities and watersheds.
Background & Experience / 5
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Shakopee Surface Water Management Plan
Shakopee, MN
WSB staff assisted the City of Shakopee with the preparation of their 1st and 2nd generation stormwater plan. This
eff ort included the undertaking all of the elements required to be completed as part of the Metropolitan Surface Water
Management Act, and has been noted to be the fi rst plan within the Twin Cities metropolitan area to incorporate the now
common policy to limit allowable developed discharge rates to a peak rate (cfs) per acre instead of limiting rates to an
undeveloped condition. This policy was further utilized to facilitate the development of the Prior Lake Outlet Channel
agreement and funding formula.
As part of the development of this and other plans for the City of Shakopee, WSB staff have worked extensively with
the watershed management organizations having jurisdiction over the areas in and around Shakopee. This experience
will allow our staff to better serve the City of Prior Lake in the Development of your update to your current storm water
management plan.
Comprehensive Surface Water
Management Plan
Savage, MN
WSB assisted the City in updating its Surface Water
Management Plan. With recent requirements of the
local Watershed Management Organization, NPDES
nondegradation requirements, and the need to update a
10 year old plan, WSB worked with City Staff to evaluate
storm water management in the City. Coordination with
the City and WMO was an important aspect of this
Plan. The Plan included an update of the City’s model,
revisions to their existing policies, and development of a
new implementation plan.
Background & Experience / 6
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Woodbury Atlas 14 Model Updates
Woodbury, MN
WSB staff built the original XP-SWMM model for the City of Woodbury in 2004 and has continued to update the model
as development occurs. The model encompasses over 23,000 acres, representing the entire City, plus areas within
other jurisdictions. This detailed model incorporates manhole-to-manhole detail on storm sewer, multi-stage regional
pond outlets, a major pumping station and hundreds of minor storage areas, ponds, wetlands, and lakes. In 2015, WSB
expanded on the existing XP-SWMM model to determine the impacts of Atlas 14 precipitation frequency estimates.
The fi nal report included a comparison of high water levels for all the waterbodies in the City for previous 100-year
rainfall depths and Atlas 14. The modeling eff ort also included a peer review of the portion of the model within South
Washington Watershed District (SWWD), approximately 75% of the City. WSB staff continue to work with the City to
determining approaches for addressing the impacts of Atlas 14 moving forward.
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Project Team / 7
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Project Team
Hydraulic Modeling Specialist
Earth Evans, PE
Project Manager
Jacob Newhall, PE
Principal
Pete Willenbring, PE
Deputy Project Manager
Bob Barth
Project Engineer/Planner
Stephanie Hatten, EIT
Wetland Specialist
Alison Harwood
Proposed Organizational Chart
Project Team / 8
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Jake has extensive experience as Project Manager/Engineer responsible for developing and
updating comprehensive local surface water management plans and watershed
management plans. Many of these communities and much of this work is similar to that
requested by the City of Prior Lake.
A listing of communities and WMO’s for which Jake has developed plans or plan updates
that we believe are similar to the update requested by the City of Prior lake is shown below in
the General experience section.
Jacob has been with WSB’s Water Resource Group since graduating from the University of
Minnesota in 2006. He has managed and designed many types of water resource projects,
including modeling, construction, planning, design, and maintenance programs that in many
cases are components of implementation plans that were prepared during a plan update
process. In this capacity Jake has worked with numerous Minnesota municipalities,
Counties, and state agencies. He is also experienced in construction management.
Jake is also intimately involved with the development, and implementation of WSB’s
SWAMP stormwater asset management program for many of the communities served by
WSB in this capacity. The City of Prior Lake, with it’s numerous ponds, lakes and wetlands,
appears to be an ideal candidate for use of this program.
Jakes expertise and experience in all of the above areas makes him an ideal manager to
lead this project for the City of Prior Lake.
General Experience
Local Surface Water & Watershed Management Plans
An abbreviated listing ofcommunities and WMO’s for which Jake has developed ;local
or watershed plans includes:
Elk River
Wyoming
Shakopee
New Brighton
South St. Paul
Lower Mississippi River WMO
Gun Club Lake WMO
Alexandria
Brooklyn Center
Mahtomedi
Inver Grove Heights
Storm Water Asset Management Program (SWAMP)
Project Manager responsible for developing and implementing the Storm Water Asset
Management Program (SWAMP). The SWAMP is utilized communities to address MS4
Permit requirements, trigger recommended stormwater facility inspections, and allocate the
Jake Newhall - Project Manager
Project Team / 9
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
necessary resources to schedule and perform inspection and maintenance activities.
Inspections are performed to calibrate the SWAMP and to help cities determine the degree
of maintenance required. Jake has assisted multiple communities in developing and
implementing SWAMP.
Stormwater Treatment Systems
Jake is experienced with the planning and design of innovative stormwater management
practices to help solve challenging situations where standard stormwater techniques would
not achieve the desired project goals. Some of these innovative practices include: filtration,
enhanced filtration, underground detention systems, underground treatment trains,
biofiltration systems, and reuse systems.
Stormwater Conveyance Systems
Jake has designed and managed numerous drainage improvements related to roadway
improvements or other construction related to development and/or redevelopment. He is
experienced in effectively completing the feasibility, design, and permitting process to ensure
project schedules and expectations are achieved.
Hydrologic and Hydraulic Modeling
Jacob is an expert using HydroCAD, P8, XPSWMM and other modeling software to help
complete stormwater analysis, water resource planning, and design of improvements.
Construction Inspection on Multiple Projects
Jake has been the Construction Inspector responsible for daily observation, reports,
quantities, payments, and testing coordination for the Golden Valley Reconstruction Projects
2007 to 2009 and many other construction projects. Projects have consisted of storm sewer,
sanitary sewer, watermain, road reconstruction with subcut, piling work, culvert construction,
pond construction, pond maintenance, dewatering, restoration, and other construction
activities.
Geographic Information Systems (GIS) Mapping
Jake has done work on numerous GIS figures and base maps for multiple types of projects.
Some of these include stormwater management plans and non-degradation plans displaying
items such as soil types, lakes and wetlands, and land use. He has also worked on utility,
parcel and floodplain mapping.
Jake Newhall - Project Manager (continued)
Project Team / 10
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Pete Willenbring with serve as a Principal in charge on the project. He will provide QA/QC
support to the project team and use the background knowledge he has developed for the
area over the past 35 years and his involvement in the preparation of over 50 stormwater
plans to provide this service. He will also assist in working with stakeholders in the area as
needed to assist in the development of the plan, and make certain that the resources of the
firm are made available as needed to assure the timely and successful completion of the
project.
Pete is a principal and co-founder of WSB & Associates. Since starting the firm in 1995, he
has developed and managed the Water Resources and Environmental Engineering Groups
and selected day to day operations of the firm. From 1987 to 1995, he served as Manager of
the Water Resources Department at OSM and Associates, and from 1980 to 1987 as a
Project Manager and then Associate at E.A. Hickok and Associates. Prior to that time, he
worked for the U.S. Environmental Protection Agency as an Environmental Engineer in the
Surveillance and Analysis Division.
Pete is a registered professional engineer, with over 30 years of experience providing
consulting services to over 100 city, county, state, and federal clients. Pete has expertise in
most fields of civil engineering, but is widely recognized to have developed special expertise
in the fields of water resource and environmental engineering, project management, design,
and planning.
Over the course of his career, he has managed water resource related projects or regulatory
programs for over 50 cities or watershed districts within the Twin Cities Metropolitan area.
He has reviewed, analyzed, designed, or managed the construction of over 1,000 projects
that were built to manage stormwater runoff rates, volumes, or quality in lakes, streams, or
drainage systems throughout the State of Minnesota.
Pete is a part time instructor at the University of Minnesota, teaching a master’s degree
course entitled “Water Resource and Environmental Engineering” to graduate students
enrolled in the U of M’s Master of Infrastructure Engineering Program. He periodically
provides expert witness testimony on matters related to storm sewer system design,
flooding, and construction management and is a trained civil mediator.
Pete received national recognition in 2010 being selected as the “Water Resource Manager
of the Year” by the American Public Works Association.
Project Experience
Stormwater Management/Planning/Design
Pete prepared and assisted clients with the implementation of city-wide stormwater
management plans for over 40 communities in the State of Minnesota, including the Cities of
Hugo, Richfield, St. Anthony, Circle Pines, Coon Rapids, Rosemount, Shakopee, Monticello,
and many others. Plans required the development of complex hydrologic and water quality
models to define peak discharge rates, flood elevations, and predict the quality of stormwater
that would be present within the lakes and streams of the city.
He developed management policies and programs for dozens of communities and watershed
districts that were used to fund improvements and regulate new development, and created a
capital improvement plans that listed projects that would be needed to meet plan objectives.
Plan implementation generally involved designing and constructing storm sewer or open
Pete Willenbring - Principal
Project Team / 11
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
channel drainage systems, dams/impoundments/levees, stormwater treatment facilities, or
lake restoration improvements.
He completed hydrologic feasibility studies of over 100 areas that were experiencing flooding
problems, developed plans and specifications for improvements, and provided bidding and
construction management services to correct these problems.
Water Quality Management, Planning and Lake Restoration
Pete developed Water Quality Management Plan and/or Non-degradation plans for the Cities
of Hugo, Circle Pines, Coon Rapids, Maple Grove, Rosemount, Richfield, Shakopee, and
others. These documents quantified existing and anticipated future pollutant loadings and
outlined a plan to mitigate the water quality impacts that had or would be created by any past
or future development.
He designed, constructed, and operated in multiple locations a portable flocculation
treatment system capable of removing in excess of 90% of the phosphorus and other
pollutants from stormwater treated by the system. This removal efficiency is significantly
higher than the maximum removal efficiency of 50-60 percent commonly anticipated for
conventional treatment devices.
He implemented Golden Lake Water Quality Improvement Demonstration Project in the City
of Circle Pines. The project demonstrated the viability and cost effectiveness of using
flocculation treatment to reduce phosphorus levels in stormwater runoff.
Pete prepared hundreds of permit applications and supportive technical information to
agencies such as the Minnesota Department of Natural Resources, the US Army Corps of
Engineers, and the Minnesota Pollution Control Agency for work in public waters, wetlands
and navigable waters.
He also prepared dozens of environmental assessments for larger scale projects that have
the potential for environmental impact. These assessments were completed consistent with
the requirements of the Minnesota Environmental Quality Board rules.
Flood Control
Pete completed detailed hydrologic analyses, reports, and other supportive documentation
needed to correct/update FEMA floodplain maps for dozens of communities in the state of
Minnesota.
Wetland Management
He completed wetland delineation training program administered by the State of Minnesota
Board of Water and Soil Resources.
Pete also prepared dozens of wetland mitigation, wetland replacement and/or wetland
banking plans in conformance with regional, state and federal regulations.
Pete Willenbring - Principal (continued)
Project Team / 12
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Bob is a Senior Project Manager with more than 20 years of experience in water resource
management. Bob will serve in the role of co-project manager on this project, and utilize his
past experience updating Prior Lakes stormwater plan in 2006, along with other more recent
and related experience to provide assurances this plan will fully meet the needs of the City.
During his career, Bob has managed technically diverse projects in flood control and water
quality for public clients in North Dakota and Minnesota and is particularly effective when
projects require public input and communication. Bob has served his clients in a number of
roles including technical expert, project manager, and client liaison. Bob’s work experience
and expertise includes flood damage reduction, hydrologic and hydraulic modeling,
infrastructure planning, stormwater compliance, and water quality.
Prior Lake knowledge and experience.
Bob began working in Prior Lake as a consultant in the 1990’s. In the 1990’s, he developed a
stormwater area charge justification study for the City in response to complaints by
developers that the City fees were arbitrary. He developed a CIP for stormwater (prior to the
2006 Stormwater Plan) which was then used to determine impact fees for future
development.
Bob reviewed a number of developments in the 90’s and 00’s for the City including Jeffers
Pond developments. He came to understand unique stormwater routing and management
constraints through this work. Bob worked collaboratively with developers engineers to
achieve planned rate control targets for the City.
He also assisted the City in negotiations with PLSLWD related to the channel JPA.
Specifically, worked in developing the yield calculations (cfs/ac) for areas directly tributary to
the channel.
Bob developed a comprehensive XP-SWMM model for the City in support of the 2006
Stormwater Management Plan. This XP-SWMM model encompassed areas well beyond
current urban development. He also prepared the City’s Comprehensive Sanitary Sewer
Plan during that same era, developing trunks and lift station locations to serve future growth
areas.
In the 2000’s, Bob created a stormwater management plan for the redevelopment and
expansion of Prior Lake’s downtown that focused on small scale best management practice
implementation. The management strategy focused on existing and potential regulation of
stormwater discharges from downtown to Upper and Lower Prior Lake and then evaluated
specific best management practices for applicability to the highly impervious downtown area.
Developed a cost-sharing framework based on public/private partnerships and analyzed the
applicability of various funding mechanisms, including stormwater utility, special
assessments, and special taxing districts.
Bob Barth - Deputy Project Manager
Project Team / 13
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Selected Project Experience
Prior Lake Downtown Stormwater Planning | Prior Lake, MN
Client: City of Prior Lake
Bob created stormwater management plan for the redevelopment and expansion of Prior
Lake’s downtown that focused on small scale best management practice implementation.
The management strategy focused on existing and potential regulation of stormwater
discharges from downtown to Upper and Lower Prior Lake and then evaluated specific best
management practices for applicability to the highly impervious downtown area. Bob
developed a cost-sharing framework based on public/private partnerships and analyzed the
applicability of various funding mechanisms, including stormwater utility, special
assessments, and special taxing districts.
Stormwater Compliance | Various communities in MN
Client: Various Communities in Minnesota
Bob has assisted Minnesota communities in managing the more complicated portions of their
MS4 programs. Examples include the Nondegradation submittals he prepared for the Cities
of Elk River, Inver Grove Heights, and Woodbury as required by their MS4 Permits. He has
also prepared submittals for Stillwater, Medina, Woodbury, and Dayton for their discharges
to specially designated waters of Minnesota such as the Mississippi River upstream of the
Highway 169 bridge and the St. Croix River.
Stormwater Management Planning | Various communities in MN
Client: Various communities in Minnesota
Bob has assisted numerous communities in preparing comprehensive stormwater
management plans. He has served as project manager and senior technical advisor on
plans that integrate MS4 responsibilities with local values and goals. To establish LID
concepts early in development projects, Barth originated and wrote design and performance
standards based on his experience in implementing stormwater practices through the
development process. Bob has prepared stormwater plans for Twin Cities Metropolitan Area
communities that are subject to the “Metropolitan Area Local Water Management” provisions
in statute as well as outstate communities. Plans completed within the last five years
include: Woodbury, Maple Plain, Bemidji, Mendota Heights, West St. Paul, New Prague,
Lauderdale, Oak Park Heights, Blaine, Medina and St. Cloud, Minnesota and Bismarck and
Fargo, ND.
Bob Barth - Client Representative (continued)
Project Team / 14
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Earth will provide hydrologic and hydraulic modeling along with other related technical support as
needed on this project. She will be directly involved in the completion of any Hydrologic modeling
updates for the City and is ideally suited for this activity as she created the current SWMM model
for the City while working with another consultant in the past, and is the only individual we are
aware of that is intimately familiar with the model, it’s level of detail, format and understanding of
the extent to which updates to the model may be required. She will serve an indispensable role
should the modeling update task be incorporated into this project.
Earth has a Master of Civil Engineering from the University of Minnesota j, 13 years of experience
as a water resource engineer and 15 years of civil engineering experience. She has served clients
as a project engineer and project manager on technically diverse projects in water resources and
other disciplines, including municipal and site design. Earth is a technical resource in areas such
as hydrologic and hydraulic modeling, flood damage reduction and floodplain modeling, water
quality modeling, comprehensive planning, stormwater management plans, development review,
and water resources design.
Selected Project Experience
County Road 19 Drainage Study | Woodbury, MN
Earth served as project manager responsible for developing detailed XP-SWMM model to
determine capacity constraints, coordinated with the County and their consultants, and reviewed
the proposed water quality BMPs. The two mile road project extended through numerous
wetlands, including an upstream watershed of 1,800 acres, two FEMA mapped basis, and the
majority of the water bodies on the corridor are affected by tailwater from a downstream lake.
Analysis of capacity constraints included review of changes to the 100 year high water level due
to roadway expansion and increased impervious and analysis of culvert crossings for capacity.
Prior Lake Downtown Stormwater Planning | Prior Lake, MN
Earth was involved in the watershed analysis and research of best management practice options
including their design constraints, maintenance requirements, and long-term viability for a low
impact development master plan for the redevelopment and expansion of Prior Lake’s existing
downtown. The master plan developed a management framework based on existing and potential
watershed, MPCA, and TMDL regulation of runoff from downtown to Upper and Lower Prior Lake.
The plan then evaluated specific best management practices for applicability to the highly
impervious downtown area. BMPs included water reuse, pervious pavement, infiltration basins,
expansion of existing regional ponds, and tree boxes.
Surface Water Management Plan | Woodbury, MN*
Earth served as project engineer and developed an XP-SWMM model that encompasses over
23,000 acres, representing the entire City plus some areas within other jurisdictions. This detailed
model incorporates manhole to manhole detail on storm sewer, multi-stage regional pond outlets,
and hundreds of minor storage areas, ponds, wetlands, and lakes.
Ongoing Water Quality and Quantity Modeling Updates | Woodbury, MN*
Earth developed the initial hydraulic/hydrologic model and PondNET water quality models for the
City as a part of their SWMP and Nondegradation reporting, respectively. Both models include
hundreds of regional ponds, wetlands, and BMPs. Earth has been involved in annual updates to
the models, including software upgrades and incorporating recent development.
Earth Evans – Hydraulic Modeling Specialist
Project Team / 15
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Stormwater Management Plan | St. Cloud, MN*
Earth served as project engineer assisting the City in developing a Stormwater Management Plan
that recognizes and protects their water resources including the Mississippi River (MPCA
designated special water and Source Water Protection Area), Neenah Creek (DNR Trout Water)
and numerous wetlands.
Markley Lake Feasibility Study | Prior Lake, MN*
Served as project manager and developed a watershed XP-SWMM model. The continuous
simulation modeling effort required extensive calibration with historical gauge data and analysis of
the effects of proposed development and implementation of rate and volume control best
management practices to determine the effects on a landlocked basin.
South Bismarck Stormwater Management Plan Update | Bismarck, ND
Serves as project engineer responsible for developing detailed XP-SWMM model for 3,000 acre
watershed that discharges to an open channel that outfalls to the Missouri River. Ongoing
analysis includes evaluation of structural and non-structural alternatives for alleviating flooding at
different Missouri River stages. Analysis also includes recommendations for water quality
improvements on a subwatershed scale.
Water Reuse Projects | City of Woodbury, MN
Earth has evaluated and completed preliminary design of three stormwater reuse systems for the
city of Woodbury. The City will use the recycled stormwater for irrigation. The projects originated
as a means to meet Watershed requirements for new impervious surfaces associated with nearby
roadway or development projects. Recycling stormwater also serves the purpose of reducing
Woodbury’s discharge of sediment and runoff volume from existing areas and thus follows
through on Woodbury’s stormwater permit responsibilities. Two water reuse systems are being
constructed in existing ponds and connected to the irrigation systems for golf courses in the
project subwatershed. The other reuse system is being constructed as part of a street
reconstruction project and will irrigate an adjacent park. The water reuse systems were the most
cost effective option of the numerous BMPs evaluated due to the high total phosphorus and
volume reduction achieved.
The water reuse systems are being designed to utilize the runoff from impervious surfaces for
between 0.5-inch and 1.2-inch rainfall event. The projects are located within the watershed of two
imparired waterbodies. The watershed district has developed goals for reducing the total
phosphorus loan to the waterbodies to attain their designated use.
Southwest Light Rail Transit (SWLRT) | Hopkins, Minnetonka and Eden Prairie, MN
Client: Metro Transit | Role: West Segment Water Resources Lead | Project Duration: October
2012 – Present
This project consists of construction of 14.5 miles of light rail, paved trails, road reconstruction,
park-and-rides and stations. Earth is managing the team that is completing the erosion and
sediment control design, storm sewer design, permitting, bridge and wall drainage to meet
MnDOT requirements, BMP design and track drainage for the west segment of the SWLRT.
Earth’s team is responsible for identifying and designing BMPs to meet permitting requirements,
designing storm sewer infrastructure to connect to the existing municipal and MnDOT systems,
preparing water resources related permitting documents, preparing 30%, 60%, 90% and 100%
plans and specifications, quantifying wetland and floodplain impacts, completing hydraulic
analysis for risk assessments, and water quality analysis of proposed BMPs.
Earth Evans – Hydraulic Modeling Specialist (continued)
Project Team / 16
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Alison will serve as the Wetland Planner on this project. She is ideally and uniquely qualified
to serve in this role as she has and is currently serving the City of Prior lake as their LGU
representative for activities related to the implementation of the Wetland Conservation Act.
In this capacity, she has extensive general and local knowledge of the wetlands within the
community, as well as an understanding of the Cities needs as they relate to the future
management of Wetlands. Her experience and background make her a perfect fit to provide
these services as part of the completion of this plan update. Other general and project
related experience is provided below that further demonstrates her suitability for this project.
,
Alison is an Environmental Scientist in WSB's Environmental Planning and Natural
Resources Group. She brings over seven years of field and research experience to our
team. Alison's experience includes wetland delineation, monitoring, permitting, and
environmental and avian assessments. She has been involved in preparing environmental
assessments (EAs, EAWs, PMs, AUARs) for several projects and has performed avian
surveys across the Midwest. She is also very knowledgeable in stream monitoring and
assessment, vegetation management, habitat conservation, habitat restoration, and GIS.
General Experience
Permit Applications & Environmental Review for Wind Energy Projects
Alison's experience in permit application preparation has included completing environmental
and site permit applications in Minnesota, Iowa, and South Dakota. She is also certified in the
Design of Construction SWPPP and has designed and reviewed SWPPPs and completed
NPDES permits. Alison understands the importance of coordination with the permitting
agencies throughout the application process. She works effectively with client and agency
staff to provide environmental impact data in a timely manner. Selected permitting experience
includes:
x Odell Wind Farm, Minnesota
x Prairie Rose Transmission Line, South Dakota and Minnesota
x Community Wind South, Minnesota
x Unnamed Wind Farm, Iowa
Avian and Bat Surveys
Alison's experience includes assessing potential impacts from the installation of large-scale
wind energy conversion systems to birds and bats. This involved performing data searches
and developing and conducting surveys for both birds and bats across proposed wind project
sites, as well as evaluating potential impacts to wetlands and other natural resources.
Selected experience includes:
x Confidential Wind Farm, Minnesota
x Lundgren Wind Farm, Iowa
x Big Blue Wind Farm, Minnesota
x Community Wind South, Minnesota
x Confidential Wind Farm, Nebraska
Water and Wetland Permitting/NPDES Construction Permitting
Alison Harwood- Wetland Specialist
Project Team / 17
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Alison's experience in water/wetland permitting has included roadways, trails, and regional
ponding. She is also certified in the Design of Construction SWPPP and has designed and
reviewed SWPPPs and completed NPDES permits. Selected permitting experience includes:
x Hennepin County: CSAH 101 Reconstruction
x Scott County: CSAH 8 Reconstruction
x juwi Wind: Community Wind South Wind Farm
x City of Coon Rapids: Wilderness Trail Construction
x City of Burnsville: Black Dog Trail Construction
Wetland Delineations
Alison has conducted wetland delineations for various city, county, state, and private clients.
Selected project experience includes:
x City of Burnsville: Black Dog Trail Construction
x Hennepin County: CSAH 101 Reconstruction
x Anoka County: CSAH 51 (University Avenue) Improvements
x Waseca County: CSAH 12 Reconstruction
x Hennepin County: CSAH 61 Improvements
x Prairie Rose Transmission Line, South Dakota
Environmental Assessment and Review
Alison's environmental assessment experience includes preparing and submitting EAWs,
EAs, PMs, and AUARs for various clients through MEPA and NEPA regulations. Selected
experience includes:
x Anoka County: CSAH 51 (University Avenue) Improvements: Environmental
Assessment and Section 4(f) Programmatic Evaluation
x Anoka County: US 10 & CSAH 83 Environmental Assessment
x City of Albert Lea: Lakeview Boulevard Project Memorandum
x Stearns County: Wobegon Trail Project Memorandum
x Hennepin County: CSAH 101 Improvements Environmental Assessment Worksheet
x Fillmore County: Fillmore County Airport FAA Categorical Exclusion
x City of Prior Lake: 6(f) Environmental Assessment for Main/Ridgemont Avenue
Reconstruction
Threatened and Endangered Species Review
Alison has worked with clients to address state and federal threatened and endangered
species review and protection on numerous projects, including a number of plant and animal
species. In addition, she has worked with agencies to obtain take permits pursuant to the
federal Migratory Bird Act.
Habitat Assessments
Alison has performed sensitive habitat assessments for various renewable energy clients, the
results of which were used during project siting activities. She has also conducted wetland
functions and values assessments using the Minnesota Routine Assessment Method
(MnRAM) on over 150 wetlands within the cities of Bloomington, Minnetonka, Minnetrista,
and Burnsville. These assessments were then utilized in evaluating project specific wetland
functions and values, as well as updating comprehensive wetland inventories. Alison also
served as the biological field crew leader for the EPA’s National Rivers and Streams
Alison Harwood- Wetland Specialist (continued)
Project Team / 18
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Assessment in South Dakota, performing assessments on 64 rivers and streams throughout
the State of South Dakota which included collecting water, sediment, macroinvertebrate and
fish samples.
Vegetation Management and Habitat Restoration/Enhancement
Prior to joining WSB, Alison conducted various habitat restoration and site management
activities throughout southern Minnesota. These activities included prairie seeding, lakeshore
restoration, exotic species management, and noxious weed removal. Alison also participated
in over 80 hours of prescribed burning activities, and was involved in collaborating with Tribal
governments to prepare habitat restoration grants.
Minnesota Routine Assessment Method
Alison has conducted wetland functions and values assessments using the Minnesota Routine
Assessment Method (MnRAM) on over 130 wetlands within the Cities of Bloomington and
Minnetonka. Assessments were then utilized in evaluating project specific wetland functions
and values, as well as updating comprehensive wetland inventories.
River and Stream Assessments
Alison served as the biological field crew leader for the EPA’s National Rivers and Streams
Assessment in South Dakota. As part of this effort, she conducted monitoring on 64 rivers and
streams throughout the State of South Dakota which included collecting water and sediment
samples, macroinvertebrate and fish samples, and coordinating with landowners. She also
compiled the results of the surveys into a database using ArcMap GIS.
Alison Harwood- Wetland Specialist (continued)
Project Team / 19
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
For this project, Stephanie will be the lead project engineer and planner responsible for key
deliverables and coordination with the team on this project.
Stephanie is a Graduate Engineer in WSB’s Water Resources Group. She has 3 years of
experience in water resources engineering and planning with most of this time spent in roles
similar to her proposed role on your project; completing surface water management plan
updates for numerous cities throughout the metro area A few examples of Cities for which
she has provided this service include Minnetrista, Medina, St. Paul, and Maple Grove all of
which have many issues and concerns similar to that of Prior Lake.
She is also currently completing development reviews for the City of Shakopee and in that
capacity she is familiar with not only their stormwater management goals and policies, but
those of the watershed and WMO in the area. Stephanie has drafted and updated the codes
and ordinances in many counties and communities as part of the implementation of these
plans. Cities/counties that she worked for included, but were not limited to:
• Crow Wing County
• Menomonie, WI
• Afton, MN
• Oak Park Heights, MN
• St. Croix Beach, MN
• Bayport, MN
• Lakeland, MN
Stephanie’s education and training as both a water resources engineer and planner, ability to
communicate effectively, and locally applicable experience makes her a perfect fit for this
role in the project, and will allow her to understand, anticipate and efficiently respond to
many of the challenges inherent in updating these plans. She will be a valuable asset to
both WSB and the City of Prior Lake in the completion of your plan update.
Selected Project Experience
Local Surface Water Management Plans
Engineer responsible for the coordination and development of the following local surface
water management plans. Each plan update included prioritization of implementation
projects and programs and establishing goals and policies.
x Medina
x Minnetrista
x St. Paul
x Arden Hills
x Mahtomedi
x Hugo
x Maple Grove
x Blaine
x Coon Rapids
x Excelsior
x North St. Paul
x St. Paul Park
Stormwater Management Coordinator for the City of Hugo
The City of Hugo attained LGU authority from Rice Creek Watershed District and is
responsible for administering various permits for development. Stephanie is responsible for
reviewing and permitting development for stormwater management, floodplain management,
and erosion control.
Stephanie Hatten- Project Engineer/Planner
Project Team / 20
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Development Reviews
Experienced in performing development reviews for the following cities. This includes
reviewing for stormwater management, floodplain management, erosion control, storm sewer
design, and site grading.
x Medina
x Rosemount
x Shakopee
x Lino Lakes
x Monticello
Subwatershed Assessment
Client: Sherburne County, MN
This project was focused on reviewing major subwatersheds within Sherburne County and
identifying feasible BMP options and potential retrofit locations. Stephanie performed
watershed loading analysis using P8 and identified several
Legacy at Woods Edge Comprehensive Stormwater Management Plan
Client: City of Lino Lakes
The Legacy at Woods Edge Development is a mixed use land development that was
designed to be treated using a regional stormwater treatment system. Stephanie lead the
development of a comprehensive stormwater management plan for the site to meet new
stormwater treatment standards and watershed regulations.
Non-Degradation Analysis
Stephanie is experienced in performing non-degradation analyses for development projects
within the City of Rochester. These projects include modeling site conditions in P8.
BMPs and their associated costs for comparison.
Keegan Lake Drainage Study
Client: City of Rosemount
The Keegan Lake Drainage Study was completed to look at the feasibility of constructing an
outlet from several upstream landlocked basins to prevent flooding. The study identified key
water elevations through modeling, presented cost estimates for construction, and proposed
the most viable option for drainage improvements. Stephanie assisted in the HydroCAD
modeling, cost estimating for each option, and report creation.
Southwest Light Rail Transit Extension Project | Twin Cities, MN
Client: Metropolitan Council
This project is a 15.8 mile extension of the METRO Green Line that will travel through the
rapidly growing southwestern Twin Cities metro. This project will consist of 17 new train
stations, numerous bridges and tunnels, and right of way acquisition. Stephanie worked in
collaboration with the water resource team to create P8 water quality models needed to
determine BMP treatment efficiency.
Hydrologic and Hydraulic Modeling | Various locations
Stephanie is experienced using HydroCAD, P8, Hec-RAS, and XPSWMM in water resource
planning and design.
Stephanie Hatten- Project Engineer/Planner (continued)
Work Plan / 21
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Task 1
Coordination with City Staff and Reviewing Agencies
Work Plan
This section provides a description of the tasks we propose to undertake as part of the completion of the Surface
Water Management Plan update. It is our intention to provide the City with a plan that is consistent with watershed,
Metropolitan Council, local, and state rules, as well as one that addresses Prior Lake’s storm water concerns and
identifies future storm water management activities to be implemented in the community.
This task includes all communication and coordination
activities related to the project with the City and other
stakeholders. This also includes the preparation for,
attendance at, and follow up as needed for the following
eight meetings that will be held throughout the course of
the project:
·Kickoff meeting with City Staff
·Council workshop
·City council meeting
·Planning commission meeting
·Planning commission public hearing
·Three staff update meetings at 30%, 60% and 90%
completion of the plan
Work Plan / 22
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Information will also be collected from the following
agencies: Minnesota Pollution Control Agency,
Minnesota Department of Natural Resources, U.S.
Army Corps of Engineers, U.S. Fish and Wildlife
Service, appropriate County departments, and other
organizations that may be applicable. The information
collected will be used to update the City’s Plan, as well
as a water resource library for the City’s future use and
reference.
The water resource data collected as part of the previous
tasks will be analyzed, interpreted, and summarized in
the plan to provide an indication of the present status
and possible trends concerning stormwater resources
within the City and to assist in the development of
stormwater management policies and ordinances.
Task 2
Collect Available Background Information and Interpret Water Resource Data
This task consists of gathering relevant water resources-
related information for the City. WSB will prepare and
attend a kickoff meeting with City staff and initiate
communication with agencies to facilitate collection
of background information. As part of this eff ort, at a
minimum we anticipate collecting the following plans,
information, or data:
·City of Prior Lake 2006 Local Surface Water
Management Plan
·Prior Lake-Spring Lake Watershed District and Scott
County WMO Plans and Rules
·Existing City-wide model from City if available,
otherwise can obtain thru other sources
·Relevant TMDL and WRAPS studies
·Previously developed SWPPP information, plans, and
annual reports, including the SWPPP Application for
Reauthorization
·Floodplain, bluff , shoreland, wetland, erosion control,
and other City ordinances related to storm water
management, as available
·Water resource-related agreements with specifi c
focus on Prior Lake outlet channel agreement
·Climate and precipitation data (Atlas 14)
·Soils information
·Groundwater and well information – specifi cally
wellhead protection ordinance updates List and
description of known water resource problem areas
·City parks, trails, open space, and redevelopment
plans FEMA’s floodplain maps and Letters of Map
Amendments
·City’s Comprehensive Land Use Plan and land use
mapping County Water Plan
·National Wetland Inventory mapping
·Previous reports or studies related to storm water
management, water quality issues, lake and stream
levels, or other issues
·Available monitoring and modeling data
Work Plan / 23
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Task 3
Develop Goals and Policies
Based on the results of the previous tasks and
associated analysis, goals and policies for the
management of water resources in the City will be
developed. These goals, policies, and controls will be
developed to make sure the City will be in compliance
with applicable regulatory agencies and their associated
requirements.
We will provide guidance on suggested goals, policies,
and controls. Input from City staff , Council, and other
stakeholders will be solicited to formulate policies that
make sound engineering and planning sense, but are
also customized to address the unique needs of the City
of Prior Lake. The stormwater management goals and
policies will address regulatory requirements covering
the need for communication and coordination with
regulatory agencies, approach to undertaking internal
operation and maintenance practices, regulation of
new development and redevelopment, monitoring and
reporting, and other issues.
More specifically, at a minimum, it is anticipated goals
and policies will be developed, or updated as needed
for the following:
·Stormwater runoff rate control
·Flood control and protection needed to address for
Atlas 14 rainfall data
·Water quality
·Volume control
·Wetland protection and management, Wildlife habitat,
and recreation
·Public education
·Pond and creek systems management
·Groundwater protection
·Erosion and sediment control
·Other areas as necessary to protect Prior Lake’s
water resources, residents, and businesses
This task will also include a review of the current Trunk
Stormwater Acreage Charge for new development
and an analysis of the charge to the extent needed
to develop information and recommendations related
to appropriateness of the currently proposed level of
funding.
This review will be completed by Bob Barth, an engineer
on our project team, who, in the 1990’s completed a
storm water area charge justifi cation study and report
for the City of Prior Lake in response to complaints by
developers claiming that the City fees were arbitrary.
Bob’s history with the City and extensive experience
doing this type of work will be particularly valuable to the
City as part of the completion of this task.
These policies will provide the City with tools to address
and manage its water resources in an eff ective, effi cient,
environmentally, and financially responsible manner.
WSB will clearly provide direction to the City on the
regulatory requirements of the goals and policies
developed. We will also be specific on what policies
agencies are requiring to be included in the City’s plan.
Work Plan / 24
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
As part of this task, any water resource management
issues or problems identified during the data collection
process will be specifi cally and uniquely identifi ed,
described, and mapped. For each of these issues or
problems, a corrective action will be developed that
in most but not necessarily all cases, will refl ect the
need for a capital improvement, program or study. It is
anticipated that problems/concerns will be identified,
but not be limited to issues in these areas:
·Localized fl ood concerns
·Backyard drainage issues
·Lake, stream, and wetland water quality problems
·Flooding or rate control concerns in the City or
between adjoining communities
·Impacts of stormwater management on recreational
opportunities
·Impacts of stormwater management on fish and
wildlife resources
Task 4
Identify Problems and Corrective Actions
·Erosion and sediment control problem areas
·Impacts of land use practices on stormwater
management
·Adequacy of the existing regulations to address
stormwater management
·Adequacy of capital improvement programs to
address stormwater management issues
·Adequacy of in-place systems to generate revenue to
pay for necessary improvements
·Stormwater Infrastructure maintenance
The problems identified on the Prior Lake issues map
will be addressed in this plan. Concept level corrective
actions for each problem item will be developed, which
in some cases may include detailed recommendations,
and for more complex issues that may require further
study. These corrective actions will be prioritized and
incorporated into the implementation plan.
Task 5
Develop Implementation Plan
Through this plan development process, storm water
management activities that need to be completed will be
outlined in an implementation plan and include but are
not limited to:
·City ordinance revisions
·Completing capital improvements
·Inspection and maintenance programs
·Preparation of reports
·Need for annual meetings
·Educating or communicating with the public
·Staff training
·Need to complete additional water resource studies
For each activity, the implementation plan will be
prioritized and a schedule, the cost to complete the
work, and other pertinent information will be provided so
the City can budget and track progress in these areas
and staff appropriately. This plan will provide direction to
the City over a ten-year planning horizon.
Work Plan / 25
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Task 6
Prepare Final WRMP
This task focuses on the direct preparation of the plan
documents. The plan will be formatted as follows:
Executive Summary
The plan will have a section entitled “Executive
Summary,” which generally summarizes the content of
the local plan.
Introduction/Purpose
The local plan will have a section entitled “Introduction/
Purpose,” which outlines why the plan was developed
and how it can be used.
Land and Water Resource Inventory
The plan will contain a land and water resource inventory
information that is relevant to the development of this
document. Maps will be included in this section related
to land use, drainage patterns, updated watershed
boundaries, and related areas.
Goals, Policies and Guidelines
The plan will state specific goals and corresponding
policies related to the purpose of the plan and will be
consistent with the policies and goals of the regional,
state, and federal goals and programs that are currently
in place.
Wetland Management Plan
The plan will include an update of the Wetland
Management Plan to bring it into conformance with
the Public Works Design Manual. This will include a
review and update of the wetland buff er data, identifying
wetland restoration/enhancement opportunities, outline
of procedure for applying for wetland boundary or permit
review, establishment of goals, and reviewing the need
to establish fees for related wetland application reviews.
Specifi c studies/projects identifi ed will be outlined in the
implementation plan and identifi ed for grant funding.
System Assessment and Design
As part of this task, the background information that
was gathered related to the drainage system design
will be reviewed and analyzed for the purpose of
identifying system design defi ciencies. For areas where
defi ciencies are identifi ed, concept level corrective
actions will be developed. This assessment will review
and assess fl ooding and water quality related concerns
as well as focus on identifying other more far reaching
storm water management concerns that the City may
need to anticipate/ address in the next 10 years.
Assessment of Problems and Corrective Actions
The plan will contain a concept level summary
assessment of existing and/or potential water resource
related problems that aff ect the community along with
non-structural, programmatic, and/or structural solutions
to the problems.
Implementation Plan
The plan will include an implementation spreadsheet
and supportive documentation that outlines the
implementation activities/components developed as part
of Task 5.
Financial Considerations
The plan will contain an analysis and discussion of the
financial impact of implementation of the proposed
regulatory controls and programs identified in the
previous section. This analysis may also result in
revisions to the implementation plan.
Amendment Procedures
The plan will contain a section entitled “Amendments
to Plan,” which contains the year the plan shall extend
to and establish the process by which amendments
may be made. It is anticipated the implementation plan
may need to be amended as the water resource issues
are identified, changes are made to State and federal
regulations, and TMDL plans are completed.
Appendices/ References
The plan will include a section listing all references
used in the update. Appendices will also be included
for documents immediately relevant to the plan content
such as figures, modeling results, capital improvement
project information, and water resource-related
agreements.
Work Plan / 26
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Alternate Task 7
Model Update
Proposed Schedule
This alternate task will include an update to the City’s
XPSWMM model to refl ect the new Atlas 14 rainfall
events. This will include necessary updates to storm
water storage areas previously incorporated into the
model throughout the City to the extent needed to
allow the model to reasonably simulate updated runoff
volumes, peak fl ow rates, and fl ood levels for the larger
rainfall events.
The updated model output including peak pond infl ow
and outfl ow rates, storage volume used, peak elevations,
and other pertinent data will be presented on an easily
referenced table and watershed map of the City.
2017/2018
June July August September October November December January February March April
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6 Submit to agencies and address comments Final Plan Approval
Alternate Task 7, if authorized, will be completed by October 2016.
References / 27
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
References
City of Burnsville
Ryan Peterson, City Engineer
100 Civic Center Parkway
Burnsville, MN 55337
(952) 895-4459
ryan.peterson@ci.burnsville.mn.us
City of Savage
Jesse Carlson, Water Resources Engineer
6000 McColl Drive
Savage, MN 55378
(952) 882-2660
jcarlson@ci.savage.mn.us
City of St. Anthony
Jay Hartman, Director of Public Works
3301 Silver Lake Road
St. Anthony, MN 55418
(612) 782-3314
jay.hartman@savmn.com
City of Woodbury
Sharon Doucette, Environmental Services Specialist
8301 Valley Creek Road
Woodbury, MN 55125
(651) 714-3500
jdoucette@ci.woodbury.mn.us
CITY OF
References / 28
A Proposal to Provide Professional Services for the Local Surface Water Management Plan Update for the City of Prior Lake
Cost
Task
No.Description
Estimated Hours
Total Labor
CostPrincipal
Deputy Project
Engineer/
Planner
Project
Manager
Wetland
Specialist
Project
Planner/
Engineer
Total
Hours
1
Coordination with City Staff and Reviewing Agencies
Staff Coordination 2 6 8 $1,198.00
City Meetings 2 4 28 4 28 66 $8,152.00
SUBTOTAL 4 4 34 4 28 74 $9,350.00
2
Collect Background Data and Review
Collect Available Background
Information 2 8 10 $1,046.00
Address Surface Water
Requirements 2 4 6 $666.00
SUBTOTAL 00401216 $1,712.00
3
Goal Setting, Policies, and Priorities
Identify goals and policies, including
Trunk Stormwater Acreage Charge 2 8 8 12 30 $3,984.00
SUBTOTAL 28801230 $3,984.00
4
Identify Problems and Corrective Actions
Identify problems based on public
input and data collection 6 6 12 $1,428.00
Develop corrective actions for each
problem 8 20 28 $3,044.00
SUBTOTAL 0 0 14 0 26 40 $4,472.00
5
Implementation Plan
Develop Implementation Plan 2 8 15 25 $2,909.00
SUBTOTAL 20801525 $2,909.00
6
Prepare Final WRMP
Update Wetland Management Plan 2 18 $2,392.00
Prepare draft report & submit to
reviewing agencies 4 25 29 $2,947.00
Prepare fi nal report 4 15 19 $1,997.00
SUBTOTAL 0 0 10 18 40 48 $7,336.00
Total Hours 8 12 78 22 133 233 486
Hourly Billing Rate $170.00 $170.00 $143.00 $117.00 $95.00
Total Direct Labor Costs $1,360.00 $2,040.00 $11,154.00 $2,574.00 $12,635.00 $29,800.00
**Alternate Task 7 will include updates to the City’s XPSWMM model. Activities include updating existing model to extent needed to reasonably
simulate rainfall and runoff from Atlas 14 rainfall event, and update stage- storage-discharge relationships to extent needed to predict updated
fl ood elevations and discharge rates into and out of currently modeled storm water storage areas. Information developed will be presented in
tables and also referenced in the report. Approximate cost for this task is $8,900.
Standard Agreement for Professional Services
This Agreement (“Agreement”) is made on the _________ day of_____ _______, 2017,
between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646
Dakota Street SE, Prior Lake, MN 55372, and WSB & Associates, a Minnesota Engineering
Firm (hereinafter "Consultant") whose business address is 701 Xenia Avenue South, Suite 300,
Minneapolis, MN 55416.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose
of this Agreement is to set forth the terms and conditions for the provision of professional
services by Consultant for completion of the City of Prior Lake’s Local Surface Water Plan
Update, hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit A (WSB & Associates Proposal dated May 31, 2017) in connection with the
Work. The terms of this Agreement shall take precedence over any provisions of the
Consultants proposal and/or general conditions. If the Consultants proposal is attached
as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in
such proposal.
2. Term. The term of this Agreement shall be from June 26, 2017 through June 30, 2018,
the date of signature by the parties notwithstanding. This Agreement may be extended
upon the written mutual consent of the parties for such additional period as they deem
appropriate, and upon the terms and conditions as herein stated.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $29,800.00 for the services as described in
Exhibit A.
A. Any changes in the scope of the work which may result in an increase to the
compensation due the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
Standard Agreement for Professional Services 2014.04 Page 2 of 8
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if
any, due to the delay.
4. City Information. The City agrees to provide the Consultant with the complete
information concerning the Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary, the City shall obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard or
criteria, including but not limited to, design and construction standards that may
be required in the preparation of the Work for the Project.
D. City's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement.
He or she shall have complete authority to transmit instructions, receive
information, interpret, and define the City's policy and decisions with respect to
the services provided or materials, equipment, elements and systems pertinent to
the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours
worked, rate of pay for each employee, a computation of amounts due for each
employee, and the total amount due for each project task. Consultant shall verify
all statements submitted for payment in compliance with Minnesota Statutes
Sections 471.38 and 471.391. For reimbursable expenses, if provided for in
Exhibit A, the Consultant shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain
the City’s project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments and
unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in
whole or in part by the City, the Consultant shall be paid for any services set forth
on Exhibit A performed prior to receipt of written notice from the City of such
suspension.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
Standard Agreement for Professional Services 2014.04 Page 3 of 8
D. Claims. To receive any payment on this Agreement, the invoice or bill must
include the following signed and dated statement: “I declare under penalty of
perjury that this account, claim, or demand is just and correct and that no part of
it has been paid.”
6. Project Manager and Staffing. The Consultant has designated Jake Newhall to serve
on the Project. They shall be assisted by other staff members as necessary to facilitate
the completion of the Work in accordance with the terms established herein. Consultant
may not remove or replace the designated staff from the Project without the approval of
the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and
diligence in the performance of its services as is ordinarily exercised by members of the
profession under similar circumstances in Scott County, Minnesota. Consultant shall be
liable to the fullest extent permitted under applicable law, without limitation, for any
injuries, loss, or damages proximately caused by Consultant's breach of this standard of
care. Consultant shall put forth reasonable efforts to complete its duties in a timely
manner. Consultant shall not be responsible for delays caused by factors beyond its
control or that could not be reasonably foreseen at the time of execution of this
Agreement. Consultant shall be responsible for costs, delays or damages arising from
unreasonable delays in the performance of its duties.
8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Consultant under this Agreement which the City requests
to be kept confidential, shall not be made available to any individual or organization
without the City's prior written approval. The books, records, documents and accounting
procedures and practices of the Consultant or other parties relevant to this Agreement
are subject to examination by the City and either the Legislative Auditor or the State
Auditor for a period of six (6) years after the effective date of this Agreement. This
Agreement is subject to the Minnesota Government Data Practice Act, Minnesota
Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data
Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used,
maintained, or disseminated by Consultant in performing any of the functions of the City
during performance of this Agreement is subject to the requirements of the Data Practice
Act and Consultant shall comply with those requirements as if it were a government
entity. All subcontracts entered into by Consultant in relation to this Agreement shall
contain similar Data Practices Act compliance language.
9. Termination. This Agreement may be terminated by either party by seven (7) 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 Consultant, the Consultant shall
be paid for services rendered and reimbursable expenses until the effective date of
termination. If however, 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 herein.
10. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
Standard Agreement for Professional Services 2014.04 Page 4 of 8
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 1.5 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 pre vails 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.
11. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it
shall deem necessary and appropriate for the performance of its obligations pursuant to
this Agreement, who shall be employees, and under the direction, of Consultant and in
no respect employees of City, and (ii) shall have no authority to employ persons, or
make purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein shall be construed so as to find the Consultant an employee of the
City.
12. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
Standard Agreement for Professional Services 2014.04 Page 5 of 8
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
shall cover liability arising from premises, operations, independent contractors,
products-completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in
a business contract). There shall be no endorsement or modification of the
Commercial General Liability form arising from pollution, explosion, collapse,
underground property damage or work performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above,
Consultant shall maintain a professional liability insurance policy in the amount of
$2,000,000. Said policy need not name the City as an additional insured. It shall be
Consultant’s responsibility to pay any retention or deductible for the professional
liability insurance. Consultant agrees to maintain the professional liability insurance
for a minimum of two (2) years following termination of this Agreement.
e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Prior Lake” as an additional
insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or
CG 20 37 04 13, or their equivalent.
g. All policies, except the Professional Liability Policy, shall apply on a “per project”
basis.
h. All polices shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker’s Compensation Policy and the Professional
Liability Policy, shall be primary and non-contributory.
j. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement.
k. Consultant agrees to maintain all coverage required herein throughout the term of
the Agreement and for a minimum of two (2) years following City’s written
acceptance of the Work.
l. It shall be Consultant’s responsibility to pay any retention or deductible for the
coveraeges required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non -
renewal is due to non-payment, the coverages may not be terminated or non-
renewed without ten (10) days’ prior notice to the City.
Standard Agreement for Professional Services 2014.04 Page 6 of 8
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to
do business in the state in Minnesota and having a current A.M. Best rating of no
less than A-, unless specifically accepted by City in writing.
o. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and receipt
thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to
enforce the terms of Consultant’s obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide
the specified insurance, then Consultant will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise
to a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees
that this indemnity shall be construed and applied in favor of indemnification.
Consultant also agrees that if applicable law limits or precludes any aspect of this
indemnity, then the indemnity will be considered limited only to the extent necessary to
comply with that applicable law. The stated indemnity continues until all applicable
statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Consultant to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney’s fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
Standard Agreement for Professional Services 2014.04 Page 7 of 8
omission performed, taken or not performed or taken by Consultant, its agents,
contractors and employees, relative to this Agreement. City will indemnify and hold
Consultant harmless from and against any loss for injuries or damages arising out of the
negligent acts of the City, its officers, agents or employees.
14. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement (“Project”) does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or
the Consultant beyond the scope of the Project is without liability to the other, and the
party using the Information agrees to defend and indemnify the other from any claims or
liability resulting therefrom.
15. 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, marital status, status with regard to public
assistance, disability, sexual orientation or age. The Consultant shall post in places
available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant 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. The Consultant further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and
regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement
17. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost
of mediation shall be shared equally between the parties. Mediation shall be held in the
City of Prior Lake unless another location is mutually agreed upon by the parties. The
parties shall memorialize any agreement resulting from the mediation in a mediated
settlement agreement, which agreement shall be enforceable as a settlement in any
court having jurisdiction thereof.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
Standard Agreement for Professional Services 2014.04 Page 8 of 8
19. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
20. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
21. 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.
22. 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.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
Executed as of the day and year first written above.
CITY OF PRIOR LAKE
__________________________ ___ _____
Mayor
______________________________ _____
City Manager
WSB & Associates
_______________________________________
By:
Its: