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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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