6.2. SR 08-11-2008City of
Elk -..-~
River
REQUEST FOR ACTION
To Item Number
Ci Council 6.2.
Agenda Section Meeting Date Prepared by
Worksession Au st 11, 2008 Lori ohnson, Ci Administrator
Item Description Reviewed by
Consider HKGi Landfill Expansion Study
Reviewed by
Action Requested
Consider a proposal from Hoisington Koegler Group Inc. for a Landfill Expansion Study.
Back~round/Discussion
At the August 4, 2008, Council meeting, the Council briefly discussed the possibility of undertaking a
study to determine the impact of a possible landfill expansion on surrounding land uses. The request to
do a study is in anticipation of an application for expansion; therefore, the study would not address any
specific issues related to the application itself.
Attached is Hoisington Koegler Group Inc.'s proposal to complete a landfill expansion study. Rusty
Fifield would lead the project with assistance from other professional staff at HKGi versed in this area of
planning. Because the landfill area is directly north of the gravel mining area, which is one of the
prominent future development areas in the City, it is important to analyze how the expansion of an
existing landfill may affect future development of that area. Obviously, there are many different factors
involved in granting an expansion to the landfill. This study will provide information on only a piece of
the many items that need to be considered.
Financial Impact
A cost of not to exceed $9,800 from the Development fund.
Attachments
^ Landfill Expansion Study Proposal from Hoisington Koegler Group Inc.
Action Motion by Second by Vote
Follow Up
S:\Council\Lori\2008\Landfill expansion study 08 11 2008.doc
August 7, 2008
LoriJohnson
City Administrator
City of Elk River
Elk River City Hall
13065 Orono Parkway
Elk River, MN 55330
Re: Landfill Expansion Study
Dear Lori:
This letter outlines a Scope of Services, Fee Schedule and other elements which together
constitute an agreement between the Ciry of Elk River, hereinafter referred to as the CLIENT,
and Hoisington Koegler Group Inc., hereinafter referred to as the CONSULTANT for Landfill
Expansion Study, hereinafter referred to as the PROJECT.
The CLIENT and CONSULTANT agree as set forth below:
A. BASIC SERVICES
The CONSULTANTS basic services for the PROJECT are as provided in this paragraph.
The objective of project is to provide information to assist the Elk River Planning
Commission and City Council to evaluate the land use implications of the expansion of the
Elk River Landfill. The study will focus on the following questions:
• How might landfill expansion create opportunities and constraints for future land use in
the gravel mining area?
• What strategies can be used to buffer adjacent land uses from the landfill?
• How could the proposed expansion be used to correct existing land use issues related to
the land fill?
The CLIENT and the CONSULTANT acknowledge that the ability to undertake the
PROJECT is constrained by the following considerations:
• No formal expansion proposal has been submitted to the City.
• If a proposal is submitted in August, the Planning Commission would hold a public
hearing in October.
• This schedule would require a decision by the City Council in November.
• These questions would be best answered through a more detailed planning study for the
gravel mining area.
• The PROJECT is not intended to provide a comprehensive evaluation of landfill
expansion.
Subject to these constraints, the CONSULTANT will undertake the following tasks.
Landfill Expansion Study
August 7, 2008
Page 2
1. Base Mapping
The CONSULTANT will create a series of base maps to use as a tool for illustrating concepts
and recommendations. The CLIENT will provide the CONSULTANT with parcel data,
shape files, aerial photography and other data needed to complete this mapping.
2. Data Review
The CONSULTANT will review existing plans that influence future land use, including
landfill expansion proposal, information and agreements related to termination of gravel
mining operations, expansion of municipal utility systems to serve the gravel mining area,
street improvements and future alignments, stormwater management, and parks/open space.
Information will be provided by City Staff.
3. Initial Organizational Meeting
The CONSULTANT will meet with City staff in Elk River. The purpose of the meeting will
be to review the details of the expansion proposal, discuss questions stemming from the data
review in Task 2, and set the calendar for meetings and the distribution of documents. In
conjunction with this meeting the CONSULTANT will visit the site to observe and record
existing conditions.
4. Future Land Use Scenarios
The CONSULTANT will create a series of not more than five broad future land use scenarios
for the gravel mining area. The scenarios will depict land use patterns with combinations of
industrial, office, commercial and residential uses. The scenarios will not be detailed
development plans, but broad concepts that depict the type, amount and inter-relationships
of future land uses.
S. Utilities Analysis
If information exists, the CONSULTANT will conduct preliminary analysis of financing
sanitary sewer and water system improvements needed to undertake the development
scenarios. The CONSULTANT will use this information to comment on the land use
implications of the capacity and cost of municipal utility improvements.
6. Scenario Assessment
The CONSULTANT will conduct an assessment of each of the future land use scenarios.
The assessment will be based on our understanding of Elk River and past experience with
community planning and land development. The assessment will include:
• Opportunities and constraints for achieving the development depicted by the land use
scenarios.
• Estimated timing of future development.
• Implications of the landfill expansion on future development.
• Options for establishing and maintaining meaningful buffers between the landfill and
future development.
• Deficiencies in the relationship between the landfill and existing land use and options for
correcting these deficiencies.
7. Reporting
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August 7, 2008
Page 3
The CONSULTANT will prepare a written report that presents the findings and addresses
the key questions listed earlier in this paragraph. This task also includes participation in the
Planning Commission hearing and the City Council meeting
B. ADDITIONAL SERVICES
The CONSULTANT and the CLIENT may agree in writing to amend this Contract for
additional services related to the PROJECT and compensation for such services. The
following services have not been requested by the CLIENT but are available upon written
authorization.
1. Meetings in addition to those specified in Paragraph A above.
2. Services or Deliverables not specifically identified in Paragraph A above.
C. FEES FOR PROFESSIONAL SERVICES
The CONSULTANT agrees to complete the scope of work contained in Paragraph A in
exchange for professional fee compensation as noted below. The CLIENT agrees to pay the
CONSULTANT for services rendered as follows:
1. For the CONSULTANT'S Basic Services described in Paragraph A above, a fee based on
the CONSULTANT'S current hourly rate schedule (see Attachment B) not to exceed Nine
Thousand and Eight Hundred Dollars ($9,800.00).
2. For the CONSULTANTS Additional Services described in Paragraph B, a fee based on
the CONSULTANT'S current hourly rate schedule plus incidental expenses or a negotiated
fee.
3. Statements will be submitted to the CLIENT on a monthly basis as work is completed
and shall be payable within 30 days in accordance with this Agreement.
4. The CONSULTANT reserves the right to suspend services if the CLIENT is delinquent
in making payments in accordance with this Agreement.
D. CLIENT'S RESPONSIBILITY
The CLIENT shall be responsible for the following:
1. Assembly of background information described in Task 2.
2. Assembly of electronic mapping and GIS data described in Task 1.
3. Reproduction and distribution of all PROJECT reports.
E. INSURANCE
CONSULTANT shall maintain insurance of the kind and in the amounts shown below for the
life of the contract. Certificates for General Liability Insurance should state that the CLIENT, its
officials, employees, agents and representatives are Additional Insureds. The CLIENT reserves
the right to review CONSULTANTs insurance policies at any time to verify that contractual
requirements have been met.
1. Commercial General Liability Insurance
$1,000,000 per occurrence
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August 7, 2008
Page 4
$1,000,000 general aggregate
$50,000 damage to rented premises
$5,000 medical expenses
2. Umbrella Liability
$1,000,000 per occurrence
$1,000,000 general aggregate
$10,000 self-insured retention
3. Worker's Compensation and Employer's Liability
a. Worker's Compensation per Minnesota Statutes
b. Employer's Liability
$500,000 per accident;
$500,000 per employee;
$500,000 per disease policy limit.
4. Professional Liability Insurance
$1,000,000 per claim
$2,000,000 annual aggregate
F. COMPLETION SCHEDULE
The services of the CONSULTANT will begin upon CLIENT approval and will, absent of
causes beyond the control of the CONSULTANT, be completed December 31, 2008.
At the beginning of the PROJECT, the CONSULTANT will prepare an overall PROJECT
schedule identifying meetings, task completion dates, etc. The CONSULTANT will
continually update the PROJECT schedule throughout the course of the work
G. NONDISCRIMINATION
The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex,
national origin, or handicap unrelated to the duties of a position, of applicants for
employment or employees as to terms of employment, promotion, demotion or transfer,
recruitment, layoff or termination, compensation, selection for training, or participation in
recreational and educational activities.
H. EQUAL OPPORTUNITY
During the performance of this Contract, the CONSULTANT, in compliance with Executive
Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41
CFR Part 60, shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. The CONSULTANT shall take
affirmative action to insure that applicants for employment are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination,
rates of pay or other forms of compensation; and selection for training, including
Landfill Expansion Study
August 7, 2008
Page 5
apprenticeship. The CONSULTANT shall post in conspicuous places available to employees
and applicants for employment notices to be provided by the Government setting forth the
provisions of this nondiscrimination clause. The CONSULTANT shall state that all qualified
applicants will receive consideration for employment without regard to race, color, religion,
sex, or national origin. 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.
I. INDEMNIFICATION
CLIENT agrees to indemnify, defend and hold CONSULTANT harmless from and against
any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not
limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal,
and all interest thereon, accruing or resulting to any and all persons, firms or any other legal
entities on account of any damages or losses to property or persons, including injuries or
death, or economic losses, arising out of the PROJECT and/or this Agreement, except that
the CONSULTANT shall not be entitled to indemnification to the extent such damages or
losses are found by a court or forum of competent jurisdiction to be caused by
CONSULTANT's negligent errors or omissions.
J. TERM TERMINATION, SUCCESSORS AND/OR ASSIGNS
1. The Term of this Agreement shall be concurrent with the work authorized and shall be
in accordance with the schedule to be established between the CLIENT and the
CONSULTANT.
2. Either party may terminate this Agreement by written notice to the other party at its
address by certified mail at least ten (10) days prior to the date of termination.
3. Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer its interest
in this Agreement without the written consent of the other.
4. The time schedule shall not apply and/or time extensions will be allowed for any
circumstances beyond the control of the CONSULTANT.
5. This Agreement shall be governed by all applicable laws.
6. Upon termination, Consultant shall be entitled to fees earned through the effective date
of termination.
K. DISPUTES
In the event the CLIENT and CONSULTANT are unable to reach agreement under the terms
of this contract, disputes shall be resolved using alternative dispute resolution (ADR).
L. REVOCATION
If this agreement is not signed and accepted by both parties within 90 days of the contract
date, it shall become null and void.
M. AUTHORIZATION
IN WITNESS WHEREOF, The CLIENT and the CONSULTANT have made and executed
this Agreement for Professional Services,
Landfill Expansion Study
August 7, 2008
Page 6
This day of August, 2008
CLIENT
City of Elk River
Name
Witnessed by:
Name
CONSULTANT
Hoisington Koegler Group Inc.
J. Russell Fifield, Jr.
Witnessed by:
Name: R. Mark Koegler
Title
Title
Associate/Strategic Planner
Title: President