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HomeMy WebLinkAbout2014-010 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-10 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL ENGINEERING SERVICES WITH WSB AND ASSOCIATES, INC. WHEREAS, the city council retained the services of WSB & Associates to serve as the City's Municipal Engineer in June of 2011, and WHEREAS, the city council finds that it is in the best interests of the city to extend the contract with WSB and Associates through 2014. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. That the professional service agreement between the City and WSB & Associates is hereby approved for 2014 and the Mayor and Clerk are authorized to execute the agreement on behalf of the City. "./ BE IT FURTHER RESOLVED that WSB is hereby appointed City Engineer effective January 1, 2014. Adopted by the Council of the City of Lino Lakes this 27th day of January, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member x» s t- P rma n and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Roeser, Rafferty, Stoesz, Reinert The following voted against same: none ATTEST: SAI Julia e Bartell, Ci Clerk AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala COUNCIL MEETING DATE: January 27, 2014 TOPIC: Resolution No. 14-10, Authorizing Execution of Professional Services Agreement with WSB and Associates. ACTION REQUIRED: Simple Majority INTRODUCTION Staff if requesting council authorization to enter into an agreement with WSB and Associates to provide general municipal engineering services for the City. BACKGROUND: In June of 2011, following completion of an RFP process, the City retained WSB & Associates to serve as the City Engineer. The original agreement was for 18 months through December of 2012. The contract was renewed in 2013. Staff has requested an extension of WSB's services contract for 2014. Under the terms of the agreement WSB will provide general engineering services, detailed within the agreement, to the city based on a fixed monthly retainer. The contract will incorporate a 24 hour work week. WSB will charge the City $79,722 for general services through December 2013. This is an increase of 3% ($2,322) over the 2013 contract. The proposed increase is provided for within the 2014 Budget. Services outside the scope of the general engineering are billed separately from the retainer at WSB standard hourly rates. RECOMMENDATION: Staff is recommending approval of Resolution No. 14-10 authorizing execution of a professional services agreement for Municipal Engineering Services with WSB and Associates. ATTACHMENTS 1. Resolution 14-10 2. 2014 WSB Professional Services Contract WSB & ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the l' day of January, 2014. by and between the City of Lino Lakes, Minnesota, hereinafter referred to as Client, and WSB & Associates, Inc., hereinafter referred to as Engineer, with offices located at 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416. Witnesseth, that the Client and Engineer, for the consideration herein named, agree as follows: SECTION 1 / GENERAL CONTRACT PROVISIONS These provisions shall be as set forth in Exhibit A. SECTION 2 / SCOPE OF WORK The scope of work to be performed by Engineer is set forth in Exhibit C. The work and services to be performed hereunder and described in Exhibit C shall be referred to herein and in the General Contract Provisions as the Project. SECTION 3 / COMPENSATION Compensation to Engineer for services described in this agreement shall be as designated in the attached Exhibit D and as hereinafter described. SECTION 4 / WORK SCHEDULE The anticipated schedule is set forth in Exhibit C. SECTION 5 / SPECIAL CONDITIONS Special conditions. if any, are as set forth in Exhibit G. CLIENT: CITY OF LINO LAKES ADDRESS: 600 TOWN CENTER PARKWAY LINO LAKES, MN 55014 BY: SIGNATURE: TITLE: BY: SIGNATURE: TITLE: SECTION 6 / EXHIBITS The following initialed Exhibits are attached to and made a part of this Agreement (check all that apply): X Exhibit A X Exhibit B X Exhibit C X Exhibit D X Exhibit E X Exhibit F Exhibit G General Contract Provisions Client Responsibilities Scope of Work Compensation Insurance Schedule Fee Schedule Special Conditions SECTION 7 / ACCEPTANCE OF AGREEMENT All work and services described in this agreement shall be performed by Engineer only after written acceptance of the Client. The undersigned hereby accept the terms and conditions of this agreement and Engineer is hereby authorized to perform the services described herein. ENGINEER: WSB & ASSOCIATES, INC. ADDRESS: 701 XENIA AVENUE SOUTH SUITE 300 MINNEAPOLIS, MN 55416 BY: Bret A. Weiss. PE SIGNATURE: TITLE: President BY: James W. Kennedy, PE SIGNATURE: TITLE: Principal Professional Services Agreement Page 1 of 1 SACommunny DeveloprnentE, , inari„g Rer3cono-ect zmawSA-Fm l-011314 ¢»m at,acn ts.a«. WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 — GENERAL These general contract provisions are incorporated in and become a part of the Agreement between WSB & Associates, Inc. (hereinafter referred to as Engineer) and the other party to the Agreement (Client) for the provision of engineering and related services. as set out in the Agreement to which this letter is attached. Either party may be hereinafter referred to as party or, collectively. parties. The starting date will commence when authorized by the Client. As used herein the term "Agreement" means: (1) The agreement for engineering, surveying and planning services; (2) These general contract provisions; (3) The attached exhibits; and (4) The supplemental agreement(s), where applicable. The attached exhibits shall govern over these General Contract Provisions and the Supplemental Agreement(s), where applicable, shall govern over attached exhibits and these general provisions. The Agreement constitutes the entire understanding between the Engineer and Client. The Agreement supersedes all prior written or oral understanding and may only be amended. supplemented, modified or cancelled by a duly executed written instrument. ARTICLE 2 — STANDARD OF CARE The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of Engineer's profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 3 — ADDITIONAL SERVICES If the Engineer determines that any services it has been directed or requested to perform are beyond the scope as set forth in the Agreement or that, due to changed conditions or changes in the method or manner of administration of the Project, the Engineer's effort required to perform its services under this Agreement exceeds the estimate which formed the basis for the Engineer's compensation, Engineer shall promptly notify the Client of that fact, including the amount of additional compensation and/or time to complete the work. Except in case of emergency, no additional work shall be undertaken without prior approval by the Client. ARTICLE 4 — LOCATION OF UNDERGROUND IMPROVEMENTS The Engineer and/or his or her authorized subconsultant will conduct the research that in his or her professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by the Engineer or his or her subconsultant will be performed in a manner consistent with the ordinary standard of care. The Client recognizes that the research may not identify all underground improvements and that the information upon which the Engineer relies may contain errors or may not be completed. The Client agrees, to the fullest extent permitted by law, to waive all claims and causes of action against the Engineer and anyone for whom the Engineer may be legally liable, for claims by Client or its contractors of delay or additional compensation relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Engineer, except where such claims and causes of action arise out of the negligence or willful misconduct of the Engineer or anyone for whom the Engineer may be legally liable. Exhibit A — General Contract Provisions Page 2 of 19S mmvE,eig,mo1\E E ngRFFCo1act2ma\PSA-FJ-OII3iarn n me ARTICLE 5 — CONSTRUCTION OBSERVATION Engineer shall visit the project during construction to become familiar with the progress and quality of the contractors' work and to determine if the work is proceeding. in general, in accordance with plans, specifications or other contract documents prepared by Engineer for the Client. The Client has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project review and observation services. Engineer does not guarantee the performance of, and shall have no responsibility for, the acts, errors or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. Client acknowledges Engineer will not direct, supervise or control the work of contractors or their subcontractors, nor shall Engineer have authority over or responsibility for the contractors means, methods, or procedures of construction. Engineer's services do not include review or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. For Client -observed projects, the Engineer shall be entitled to rely upon and accept representations of the Client's observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Engineer as an Additional Service. Engineer and Client shall then enter into a Supplemental Agreement detailing the terms and conditions of the requested project observation. ARTICLE 6 — OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis of the Engineer's experience and qualifications and represent the Engineer's best judgment as an experienced and qualified professional design firm. The parties acknowledge. however, that the Engineer does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work of necessity must be speculative until completion of construction or acquisition. Accordingly, the Engineer does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by the Engineer and assumes no responsibility for the accuracy of opinions of Probable Construction Costs. If Client wishes greater assurance as to probable Construction Cost, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 7 — REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Engineer pursuant to this Agreement are Engineer's Instruments of Service and Engineer retains all ownership interests in Instruments of Service, including copyrights. The Instruments of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Engineer. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. Engineer makes no representations as to long term compatibility, usability or readability of electronic files. At the time of completion or termination of the work, the Engineer shall provide the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client's obligations under this Agreement. Any use or re -use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Engineer except for the specific purpose intended will be at the Client's risk and full legal responsibility. The Client will, to the fullest extent permitted by law, indemnify and hold the Engineer harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Engineer. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Engineer, and Engineer makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Engineer shall be entitled to compensation for any consent. verification or adaptation of the Instruments of Service for extensions of the Project or any other project. Exhibit A — General Contract Provisions Page 3 of 19s:c,..m..NoeikE, a „g.,.;.gRfrxmvatzoiawsn-F .onnaaiwenmto..ea ARTICLE 8 — PAYMENTS Payment to Engineer shall be on a lump sum or hourly basis as set out in the Agreement. Engineer is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Engineer in writing of any disputed items within 15 days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course. and the Parties will endeavor to resolve all disputed items. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 5% per annum. Engineer shall be entitled to recover all reasonable costs and disbursements, including reasonable attorneys fees, incurred in connection with collecting amounts owed by Client. In addition, Engineer may, after giving seven days' written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges. ARTICLE 9 — HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Engineer is not a user, handler, generator, operator, treater, storer, transporter or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Engineer. The Client agrees to hold harmless, indemnify and defend Engineer and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Engineer's negligence in the performance of services under this Agreement. ARTICLE 10 — INSURANCE Engineer has procured general and professional liability insurance. On request, Engineer will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. ARTICLE 11— TERMINATION This Agreement may be terminated by either party upon thirty days' written notice without cause. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Engineer pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client pursuant to Article 7. All provisions of this Agreement allocating responsibility or liability between the Client and Engineer shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 12 — INDEMNIFICATION The Engineer agrees, to the fullest extent permitted by law, to indemnify and hold the Client harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the Engineer's negligent or intentional acts, errors or omissions in the performance of professional services under this Agreement and those of his or her subconsultants or anyone for whom the Engineer is legally liable. The Client agrees to the fullest extent permitted by law, to indemnify and hold the Engineer harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the Client's negligent or intentional acts, errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable, and arising from the project that is the subject of this Agreement. ARTICLE 13 — ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. ARTICLE 14 — CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. Exhibit A — General Contract Provisions Page 4 of 19sr. ,. n opmaaE g RFPContraa 2014 \ PSA-Fine1-011314 (2)withanachrentadoc ARTICLE 15 — CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Engineer agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 16 — CONFIDENTIALITY The Engineer agrees to keep confidential and not to disclose to any person or entity, other than the Engineer's employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Engineer and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Engineer from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Engineer to complete services under the Agreement or defend itself from any suit or claim. Exhibit A — General Contract Provisions Page 5 of 19 _S,Com .sits DevelepmertEngtneermgEopmeamgRFPContract 2014\PSA-Fmaw11314(21.1mama.,entaaoc WSB & ASSOCIATES, INC. EXHIBIT B CLIENT RESPONSIBILITIES The Client's responsibilities related to the services to be provided by Engineer are generally as set out below. These responsibilities can be modified through Supplemental Agreements. In order to permit the Engineer to perform the services required under this Agreement, the Client shall, in proper time and sequence and where appropriate to the Project, at no expense to the Engineer: 1. Provide available information as to its requirements for the Project, including copies of any design and construction standards and comprehensive plans which the Client desires Engineer to follow or incorporate into its work. This shall not include normally applicable building codes and other regulations and standards that are known, or should be known, by an engineer performing services consistent with the ordinary standard of care. 2. Guarantee access to and make all provisions for the Engineer to enter upon public and private lands to enable the Engineer to perform its work under this Agreement. 3. Provide such legal, accounting and insurance counseling services as may be required for this Project. 4. Notify the Engineer whenever the Client observes or otherwise becomes aware of any defect in the Project construction or design. The Client's failure to provide such notice shall not relieve Engineer of its obligations under this Agreement. 5. Designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client's policies with respect to services rendered by the Engineer, and authority to make decisions as required for Engineer to complete services required under this Agreement. 6. Act promptly to approve all pay requests, Supplemental Agreements, or request for information by Engineer as set out below. 7. Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub -surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other land use restrictions; and other special data. Exhibit A — General Contract Provisions Page 6 of 19s: meaty 0aEigEngineermgarrcontract2014\PSA-Final-011314(2)w;u,mac,nentsmc 8. Require all Utilities with facilities in the Client's Right of Way to Locate and mark said utilities upon request, Relocate and/or protect said utilities as determined necessary to accommodate work of the Project, submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. 9. Review all reports. sketches, drawings, specifications and other documents prepared and presented by the Engineer, obtain advice of legal, accounting and insurance counselors or others as Client deems necessary for such examinations and render in writing decisions pertaining thereto. 10. Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Engineer of any work on the Project. 11. Provide record drawings and specifications for all existing physical plants of facilities which are pertinent to the Project. 12. Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Engineer of the services in accordance with the Contract Documents. 13. Engineer shall be entitled to rely on the accuracy and completeness of information or services furnished by the Client or others employed by the Client. Engineer shall endeavor to verify the information provided and shall promptly notify the Client if the Engineer discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. 14. Client shall bear all costs incidental to compliance with the requirements of this article. Exhibit A — General Contract Provisions Page 7 of 19s:ucQg�.RFPc 2014 rsn-Fmal-011314 z nom. ertsas GENERAL SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS C.1 GENERAL SCOPE OF SERVICES AS CITY ENGINEER As Engineer for the City, the Engineer shall perform the following duties: C.1.1 General Services. Assists with the management of development escrow accounts. Reviews, evaluates, and develops policies, ordinances and standards as necessary. Identifies opportunities and assists with funding solutions for infrastructure projects such as grant and loan programs. C.1.2 State Aid System Updates. Perform all responsibilities related to maintain the City's Municipal State Aid Street system. Duties include but are not limited to performing annual mileage certification, mapping updates, and completing all Mn/DOT administrative requirements, and coordinating traffic counts. C.1.3 Constituent Requests. Responds to constituent generated complaints/requests including but not limited to infrastructure repair needs, traffic issues, and city policy questions. Performs field inspections as necessary. Responds personally and in writing. Coordinates corrective actions with Public Services Department. C.1.4 Pavement Management. Administers and implements City's pavement management system. Responsibilities include but are not limited to inspection and rating of municipal streets (25% of mileage annually), updating of management software data, and developing 5 year street improvement projections. C.1.5 Interagency Communication. Attends meetings with adjacent cities, state agencies, county, and watershed management organizations. Reviews policy changes, technical reports and improvement proposals. Attends agency meetings as necessary. Serves as City representative for state, county, watershed or adjacent jurisdiction improvement projects C.1.6 GIS/GPS. Prepares and assembles record plan information and coordinates mapping updates with City's GIS consultant (SEH). Prepares GIS maps as necessary. Develops data dictionaries for use with handheld Trimble GPS unit. Performs data downloads and processing of data collected. C.1.7 Infrastructure Maintenance Review. Responds to public service department requests associated with repair and maintenance of public infrastructure. Provides recommendations for corrective measures. C.1.8 NPDES/Surface Water Management. Assists with the preparation, administration and implementation of the City's Storm Water Pollution Prevention Plan (SWPPP), including annual report preparation, public meetings, and ordinance/policy development and annual inspections. Exhibit A — General Contract Provisions Page 8 of 19s:r tvI tE \ EnganeermgRFFC zma\PSA-F i -O 314 (21;maitachmerts.doc C.1.9 Capital Improvement Programming (CIP). Assists with the development of the City's five year CIP. Identifies and recommends infrastructure improvements for incorporation into City plan. Prepares planning level cost estimates as needed. C.1.10 City Meetings. Attends City meetings as follows: Regular City Council: 24 meetings (twice monthly) @ approximately 2 hrs per meeting Council Work Session: 12 meetings (monthly) @ approximately 2 hrs per meeting Planning & Zoning Board: 12 meetings (monthly) at approximately 2 hrs per meeting. Engineer may also attend special meetings of the council and or other advisory boards such as Environmental Board and Park Board. Attends weekly department meetings and preliminary meetings regarding development projects. C.1.11 Building Permit Reviews. Reviews residential building permit surveys for consistency with approved grading and drainage plans. Reviews residential as - built surveys prior to final inspection. (Note: Commercial, Industrial and Institutional review and inspection is covered under separate development specific escrow agreement.) C.1.12 Utilities. Responsible for determining annual fee adjustments to trunk utility fees based on ENR cost index. Responds to inquiries regarding connection to municipal services. Administers assessment determination process for connection to existing city utilities. Provides general preliminary estimates for minor extensions of infrastructure to service individual locations. Updates pending assessments and assists finance department with management of assessment roles. Exhibit A — General Contract Provisions Page 9 of 19s:Hca, .tet. iymertE nngEn ,,,IIgaFT'ct„ t,ouNsA-Fm31.0iizi4(21.tn hmentsax C.2 EXTRA SERVICES AS CITY ENGINEER If authorized by the City, the Engineer shall furnish additional services of the following type: C.2.1 Flood Plain Management. Responds to constituent's information requests related to flood plain location. Includes preparation of elevation certificates (if required), research and review of grading plans and site inspections. C.2.2 Building Permit Reviews. Performs foundation elevation survey to insure low floor elevations are consistent with approved plans. C.3 PRELIMINARY REPORT/STUDY PHASE Subject to further clarification and refinement on a project -by -project basis, the Engineer shall in proper time and sequence: C.3.1 Consult with the City representative to determine the requirements of the project, review available data, attend necessary conferences, and be available for general consultation. C.3.2 Advise the City as to the necessity of the City's providing or obtaining from others data or services and assist the City in obtaining such data and services. C.3.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project and participate in consultations with such authorities. C.3.4 Make such preliminary studies, layouts, or field surveys to verify and supplement existing elevation and topographic information and preliminary cost estimates to clearly identify potential construction or financing problems. C.3.5 Assist the City in obtaining all required subsurface investigations as required for the preparation of the feasibility report. Exhibit A — General Contract Provisions ai.aiments. as Page 10 of 19sACoramtenti, DevelopmeritErweenngEngmeering RflzhContract 2014\PSA-Fina1-011314 (2) with C.3.6 Prepare a feasibility report on the preliminary engineering study of the project in sufficient detail to indicate the problems involved. The report shall include the desired phased program, if required, and the appropriate alternate solutions. The report will also include schematic layouts, sketches, conceptual design criteria with appropriate exhibits to indicate the considerations involved (including applicable requirements of governmental authorities having jurisdiction over the project), preliminary estimate of project cost, typical examples of proposed assessments preliminary identification of right-of-way and easement requirements, and the Engineer's conclusions and recommendations. C.3.7 Providing services for preparation of preliminary and final assessment rolls. C.3.8 Furnish copies of the feasibility report documents and review the feasibility report with City staff. C.3.9 If required, the Engineer shall present the feasibility report to the proper reviewing agencies and to the City Council. The Engineer shall attend the public hearing for the project. C.4 FINAL DESIGN PHASE Subject to further clarification and refinement on a project -by -project basis, the Engineer shall, in proper time and sequence: C.4.1 On the basis of the accepted preliminary design documents and the current opinion of probable cost, prepare contract documents consisting of final drawings and specifications to show and describe the scope, extent, and character of the work to be furnished and performed by Contractor(s) including Advertisement for Bids, Instructions to Bidders, Bid Form, Form of Agreement, Performance and Payment Bond Form, General Conditions, Special Conditions, and Technical Specifications. C.4.2 Provide technical criteria, written descriptions and design data for use in filing applications for routine permits or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the project, and assist the City in consultations with appropriate authorities. The Engineer shall prepare and submit all permit applications to the appropriate agencies. The City shall be responsible for all permit fees. C.4.3 Advise the City of any adjustments to the latest opinion of probable cost caused by changes in extent or design requirements of the project and furnish a current opinion of probable cost based on the drawings and specifications. C.4.4 Prepare for review and approval by the City, its legal counsel and other advisors contract agreement forms, general conditions, supplementary conditions, bid forms, advertisement for bid and instructions to bidders, and assist in the preparation of other related documents. Exhibit A — General Contract Provisions atlachnents.doc Page 11 of 1 9S: \Cortmlunity Development \E . lzFnp--rt RF?)Con fact 2O14\PSA-Fsai-011314 (2) ..;w C.4.5 Attend necessary conferences and be available for general consultation. C.4.6 Furnish three (3) copies of the above documents and of the drawings and specifications and present and review them in person with the City, along with completing a plans -in -hand site inspection. Make minor revisions and adjustments as required following review by the City. C.5 BIDDING PHASE Subject to further clarification and refinement on a project -by -project basis, the Engineer shall in proper time and sequence: C.5.1 Furnish plans and specifications for agency review and furnish copies to the City for bidding and construction purposes as a part of this Contract. C.5.2 Issue addenda as appropriate to interpret, clarify, or expand the bidding documents. C.5.3 Assist the City in obtaining and evaluating bids and awarding contracts for the construction of the project. C.5.4 Consult with and advise the City as to the acceptability of subcontractors, suppliers, and other persons and organizations proposed by the prime contractor(s) (herein called "Contractor(s)") for the portions of the work as to which such acceptability is required by the bidding documents. C.5.5 Consult with and advise the City concerning and determining the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the bidding documents. C.5.6 Attend bid opening and prepare bid tabulation sheets. C.6 CONSTRUCTION PHASE Subject to further clarification and refinement on a project -by -project basis, the Engineer shall: C.6.1 Consult with and advise the City and act as the City's representative as provided in the contract documents, which may not be modified to affect Engineer's responsibilities except by written agreement signed by the City and the Engineer. C.6.2 Conduct pre -construction conference to be attended by the Contractor, City, and others as may be requested by the City. C.6.3 Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional the progress and Exhibit A — General Contract Provisions avachna„s.doc Page 12 of 1 9s \ Corm:many DevelopmeritEngtrwertngSagmeenng RF ntracl 2014\PSA-Final-011314 (2) with quality of the executed work of the Contractor(s), and to determine if such work is proceeding in accordance with the contract documents. During such visits and on the basis of the on-site observations, the Engineer will keep the City informed of the progress of the work and will endeavor to identify for the City defects and deficiencies in the work of the Contractor(s). This agreement does not require the Engineer to evaluate contractor's safety methods. It is agreed that safety matters are Contractor's responsibility and that the Engineer shall be responsible only for the acts or omissions of its own employees. The Engineer may disapprove work as failing to conform to the contract documents. The Engineer shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Engineer shall be obligated, however, to disclose known dangerous circumstances to the City. C.6.4 Review samples, schedules, shop drawings, the result of tests and inspections, and other data which the Contractor is required to submit, but only for the conformance with the design concept of the project and compliance with the information given in the contract documents, (but such review shall not extend to means, methods, sequences, techniques, or procedures of construction or to safety precautions and programs incidental thereto). The Engineer shall receive and review (for general content as required by the specification), maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection which are to be assembled by the Contractor in accordance with the contract documents. Exhibit A — General Contract Provisions anachnems.doc Page 13 of 19sACommtmay DevelopmentExprieenngEngincenng RFP \C or o 2OI4\rsA-Fmto11314 (n with C.6.5 Issue all instructions of the City to Contractor; issue necessary interpretations and clarifications of the contract documents and in connection therewith prepare change orders as required for the City's approval and have authority, as the City's representative, to require special inspection or testing of the work. C.6.6 Review the Contractor's application for payment, determine the amount owing the Contractor and make recommendations to the City regarding the payment thereof. The Engineer's recommendations are based on on-site observations as an experienced and qualified design professional. The recommendations by the Engineer constitute a representation to the City that to the best of their knowledge, information and belief, the work has progressed to the point indicated on said application and the quality of work is in accordance with the contract documents, subject to the results of any subsequent test called for by the contract documents and any qualifications stated in his recommendations. C.6.7 Conduct, in the presence of the designated representative, a site visit to determine if the project is substantially complete and conduct a final site visit to determine if the work has been completed in accordance with the contract documents. Such site visits may include representatives from the City and/or other involved governmental agencies. If the Contractor has fulfilled all of his obligations, the Engineer shall give written notice to the City and the Contractor that the work is acceptable for final payment. C.6.8 The Engineer shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Engineer shall be obligated, however, to disclose known dangerous circumstances to the City. C.6.9 The Engineer shall furnish the City with a list detailing final quantities and costs in a letter stating to the best knowledge of the Engineer that the work is in compliance with the plans, specifications and change orders. C.7 SCOPE OF SERVICES FOR DEDICATION PROJECTS Subject to further clarification and refinement on a project -by -project basis. the Engineer shall: C.7.1 Following written notice from the City Council, review the platting, concept, design, plans and specifications for each Dedication Project to determine that they comply with those written City Standards that have been approved by the City Council for such projects. Require the developer or his Engineer to submit the plans to appropriate utility companies and other concerned agencies for their review, concurrence and issuance of permits as required. Upon completion of the review, submit a written report to the City Council to assist the Engineer and the City Council in approving or disapproving the proposed Dedication Project. C.7.2 Submit a written progress report to the City Council for each Dedication Project Exhibit A — General Contract Provisions attachatents.doc Page 14 of I g SACornmunity DeveiopmentEngireeringEoguwenng RFP\Contract 2014\PSA-Roel-011314 (2) with under construction. The report should include budget, schedule and progress information. C.7.3 Submit a written report to assist the City Council in determining that the project has been satisfactorily completed. The Engineer shall acquire from the developer or the developer's engineer five (5) sets of plans of the work that have been revised to show "as constructed" conditions, said plans to be submitted to the City within 90 days following completion of the project. C.8 SCOPE OF ADDITIONAL SERVICES AS THE ENGINEER If authorized in writing by the City, the Engineer shall furnish additional services of the following type: C.8.1 Providing services of professional subconsultants as required for a particular project. C.8.2 Providing the type of surveying or related engineering services necessary for preparation of permanent and/or temporary easements, boundary surveys, or plat documents. C.8.3 Review of developer's plats and concept plans. Provide assistance to the developer in preparing a plat for improvement projects. C.8.4 Additional services in connection with the project not otherwise provided for in this Agreement. Exhibit A — General Contract Provisions anacltnants.doc Page 15 of 19s r rt.ot in DeveloprneutEnglivoiringEngmeenng RFp,Convs l 2014 PSA -Final -011314 (2) with D.1 WSB & ASSOCIATES, INC. EXHIBIT D COMPENSATION The City shall pay the Engineer for Basic Services rendered on the basis of a negotiated lump sum fee, on an hourly basis, or as a percentage of the construction cost, as mutually agreed to and deemed fair and reasonable for the particular work to be performed. The method of payment will be determined at the start of the project. Engineer's current fee schedule with hourly rates is attached to this contract as Exhibit F. The rate schedule is for 2014, and will remain in effect for services rendered through December 31, 2014. The fee schedule will be evaluated on an annual basis by the Engineer and adjusted to account for inflation and other factors. The Engineer will submit a revised fee schedule prior to December 31 on an annual basis. The following represents the compensation terms: D.1.1 City Council, Planning Commission, Environmental Board and Park Board Meetings Attendance at City Council, Planning Commission, Environmental Board and Park Board meetings is part of the general scope of services and will not be considered part of the 24-hour work week. D.1.2 General City Engineering Duties Engineer will be compensated for City Engineering services based on a fixed monthly retainer payable in the month following the month in which services are rendered. The contract will incorporate a 24-hour work week. The Engineer will charge the City $79,722 for January 1, 2014, to December 31, 2014. These services are specifically described in Section C.1 and generally include administrative and staff duties as acting City Engineer for the City and will generally be performed by Jason Wedel or another mutually agreeable employee of Engineer (the "Acting City Engineer") and Diane Hankey or another mutually agreeable employee of Engineer (the "Acting Assistant City Engineer"). The Engineer will be based at City Hall, and provide the City with a minimum of 16 hours per week. The Assistant City Engineer will be based at City Hall, and provide the City with a minimum of 8 hours per week. Exhibit A — General Contract Provisions anecmnrems as Page 16 of 19s: Development \Erymcenng\E m rz \contract 2014\PSA-Fm.1-011314 (2) with Whenever the Acting City Engineer is performing services not included in the Acting City Engineer duties, his rate shall be at his WSB rate which is currently $133.00 per hour. Work requested by the City and performed by other employees of Engineer that does not fall within the scope of services described on Exhibit C.1 will be compensated on a hourly basis on the fee schedule attached hereto as Exhibit F, or will be made the subject of a separate contract for services. D.1.3 Projects Compensation for specific studies or the design and construction of City improvements will be determined on a project -by -project basis. The proposed compensation will be detailed within a written letter proposal submitted by the Engineer to the City prior to beginning work. If the scope of the project changes after it is authorized, the Engineer will discuss it with the City and determine an appropriate fee modification. Typically, project fees are billed either as lump sum, hourly not -to -exceed, or a percentage of the construction cost. D.1.4 Development/Application Review Services related to development review or review of other applications, will be completed by the Engineer on an hourly basis as needed. For items such as traffic studies, environmental reviews, and other more -defined items related to development review, the Engineer will establish a scope and fees for ease of tracking against escrow account balances. D.1.5 Independent Consultants The cost of services performed by independent consultants or agencies for environmental evaluation, soil testing, laboratory services, or other services will be billed to the City at the Engineer's cost with no markup. D.1.6 Payment for Revisions or Other Work If the City directs that revisions be made to the plans and specifications following approval of the plans and specifications by the City or if the City Council directs Engineer to perform other work, the Engineer shall be compensated for the cost of such revisions at the hourly fee. The Engineer shall be given additional compensation when additions consist of enlargement or extension of the project. Additional compensation will be on the same basis as agreed to for the original plans and specifications. Exhibit A — General Contract Provisions attaoknmts.doc Page 17 of 19s\CoRmullip- neveiopment nginte+ae\Engioaanng RF.r\coavact 2014\PSA-roav-011314 (2) with D.1.7 Receipt of Payment In order to receive payment for services, the Engineer shall submit monthly invoices describing in detail the services performed in accordance with this contract. Separate statements shall be submitted for each project or a detailed breakdown shall be furnished showing the distribution of charges to each project. The City shall pay Engineer upon receipt of each monthly invoice. For hourly and percentage of construction cost contracts, the personnel who worked on the project shall be included. Construction services shall include daily reports detailing the time for each day that the individual was working on the project. All invoices will include the City representative who authorized the work. D.1.8 Expenses Engineer shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Engineer shall be reimbursed for the actual cost of the expenses, without markup. Typical expenses include, but are not limited to, the following: • Permit fees • Plan and specification reproduction fees • Costs related to the development of project photos The following shall not be considered reimbursable expenses: • Mileage • Mobile phone usage • Computer equipment time • Preparation and reproduction of common correspondence • Mailing Exhibit A — General Contract Provisions atlaclanencs.doc Page 18 of 19sAcommainn veloplrentE.gine... r\Er o ri 4 RFFSContracl 2014 TSA -Final -011314 (n with WSB & ASSOCIATES, INC. EXHIBIT E INSURANCE SCHEDULE GENERAL LIABILITY Carrier: The Travelers Indemnity Company Type of Insurance: Commercial General Liability Coverage: General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 AUTOMOBILE LIABILITY Carrier: The Travelers Indemnity Company Type of Insurance: Hired Autos Non -Owned Autos Coverage: Combined Single Limit $1,000,000 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Carrier: Travelers Coverage Statutory Each Accident Disease -Policy Limit Disease -Each Employee PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) Carrier: Coverage: XL Specialty Insurance Company $5,000,000 each claim/$10,000,000 annual aggregate Certificates of Insurance will be provided upon request. $ 1,000,000 $ 1,000,000 $ 1,000,000 Exhibit A — General Contract Provisions euacMmns.aoc Page 19 of 19s u,,;n Development \Entan ermpEnglnerulg RFPContract 2014\PSA-Fwl-011314 (2) Wath WSB 2014 Rate Schedule - Exhibit F Principal Associate Senior Project Manager Project Manager Project Engineer Graduate Engineer Sr Landscape Architect / Sr Planner / Sr GIS Specialist Landscape Architect / Planner / GIS Specialist Engineering Specialist / Senior Environmental Scientist Engineering Technician / Environmental Scientist Construction Observer Coring Crew One -Person Crew Two -Person Crew Survey Crew One -Person Crew Two -Person Crew Three -Person Crew Underwater Inspection Dive Team Office Technician $147 $138 $1281$1381$147 $1131$1191$128 $961$1041$1131$1191$128 $761$82 $871$92 $1041$1121$1181$1271$136 $631$701$781$831$931$98 $861$931$981$1041$1131$122 $501$571$641$711$771$82 $851$901$951$100l$106 $155 $230 $125 $155 $175 $450 $401$621$721$81 Costs associated with word processing, cell phones, reproduction of common correspondence and mailing are included in the above hourly rates. Vehicle mileage is normally included in our billing rates, but can be charged separately if specifically outlined by contract. Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee, delivery cost, etc. Rate Schedule is adjusted annually. Each staff person is assigned one billing rate that is commensurate with their experience and expertise. Multiple rates illustrate the varying levels of experience within each category. Engineering • Planning • Environmental • Construction wsbeng.com 3111031 -IDS 31v/I VTOZ ;;