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HomeMy WebLinkAboutCC RES 99-049 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104911 Box: 31 Folder: RES 1999 Document: CC RES 99-049 A RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT CITY OF ST. ANTHONY RESOLUTION 99-049 A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves a Professional Services Agreement for engineering services on various City improvement projects by and between the City and WSB & Associates, Inc. and authorizes the Mayor and City Manager to sign said Agreement on behalf of the City. • Adopted this ) 3 day of .J/.L) J , 1999. I.A. .,wlAl Mayor ATTEST: City Clerk Reviewed by Administration: ^li' City Manager • . ain thon illa e TRANSMITTAL TO WSB & Associates RE Professional Services Agreement DATE July 14, 1999 ENCLOSURES Two copies of the above Agreement signed by the Mayor and City Manager. • THESE ARE TRANSMITTED AS CHECKED BELOW: [ ] As requested U For signatures [_] For your use [X] Approved by Council [_] For your review and comment [_X_] Return . 1 fully signed copy(ies) [_] For approval REMARKS • By Connie Kroeplin, City Clerk 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Phone (612) 789-8881 FAX(612) 781-9323 r • WSB & ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the day of , 19___, by and between the City of St. Anthony, hereinafter referred to as City, and WSB & Associates, Inc., hereinafter referred to as Engineer, with offices located at 350 Westwood Lake Office, 8441 Wayzata Boulevard, Minneapolis, Minnesota 55426. Witnesseth,that the City and Engineer,for the consideration herein named,agree as follows: SECTION 1/GENERAL CONTRACT PROVISIONS SECTION 5/EXHIBITS These provisions shall be as set forth in Exhibit A. The following initialed Exhibits are attached to and made a part of this Agreement: SECTION 2/SCOPE OF WORK The scope of work to be performed by Engineer is set forth x Exhibit A-General Contract Provisions in Exhibit C. The work and services to be performed x Exhibit B-Definitions hereunder and described in Exhibit A shall be referred to x Exhibit C-Scope of Work herein and in the General Contract Provisions as the Project. x Exhibit D-Compensation x Exhibit E-Insurance Schedule SECTION 3/COMPENSATION x Exhibit F-Fee Schedule Compensation to Engineer for services described in this x Exhibit G-Percentage of Construction Curve agreement shall be as designated in the attached Exhibit D • and as hereinafter described. SECTION 6/ACCEPTANCE OF AGREEMENT All work and services described in this agreement SECTION 4/WORK SCHEDULE shall be performed by the Engineer only after The anticipated schedule is set forth in Exhibit C. receiving prior written approval by the City on a project-by-project basis. The undersigned hereby accept the terms and conditions of this agreement and Engineer is hereby authorized to perform the services described herein. CITY OF ST.ANTHONY WSB&ASSOCIATES,INC. 3301 SILVER LAKE ROAD 350 WESTWOOD LAKE OFFICE ST.ANTHONY,MINNESOTA 55418 8441 WAYZATA BOULEVARD II MINNEAPOLIS,MINNESOTA 55426 BY: e J [o BY: Peter R.Willenbrins SIGN A SIGNATURE: TITLE: Q�'J h h TITLE: Vice President BY: T BY: SIGNATURE:: ,1 SIGNATURE: • TLTLE: ✓1 LLA &—r TITLE: Vice President DATE: 7 • 13• DATE: Professional Services Agreement Page i of 1 F1 •'Fd EXHIBIT A • WSB & ASSOCIATES, INC. GENERAL CONTRACT PROVISIONS ARTICLE I -GENERAL ARTICLE 5-AGREEMENT These general contract provisions are incorporated in and become a As used herein Agreement means. part of the Agreement to which it is attached between WSB & (1) The agreement for engineenng, surveying and planning Associates, Inc,hereinafter referred to as Engineer,and the other services; party to the Agreement,City of St.Anthony,hereinafter referred to (2) These general contract provisions; as City,wherein the City engages the Engineer to provide certain (3) The attached exhibits,and services,more particularly described in Exhibit C,Scope of Work. (4) The supplemental agreement,where applicable Either party may be hereinafter referred to as party or,collectively, parties The starting date for a project will commence when As to superseding effect,the attached exhibits shall govem over these authorized by the City. general provisions, and the supplemental agreement, where applicable, shall govem over attached exhibits and these general ARTICLE 2-CHANGED CONDITIONS provisions. If the Engineer determines that any services it has been directed or requested to perform are beyond the scope as set forth in Exhibit B The Agreement constitutes the entire understanding between the or that, due to changed conditions or changes in the method or Engineer and City. The Agreement supersedes all prior written or manner of administration of the Project, the Engineer's effort oral understanding and may only be amended, supplemented, required to perform its services under this Agreement exceeds the modified or canceled by a duly executed written instrument. estimate which formed the basis for the Engineers compensation, Engineer shall promptly notify the City of that fact. Additional work ARTICLE 6-RESPONSIBILITIES and additional compensation for such work,and the extension of A. In order to permit the Engineer to perform the services required time for completion thereof, shall be set forth in a supplemental under this Agreement,the City shall,in proper time and sequence agreement entered into by the parties prior to proceeding with any and where appropriate to the Project,at no expense to the Engineer: additional work or related expenditures. Such supplemental agreement shall be incorporated in and become a part of this 1. Provide available information as to its requirements for the Agreement.In absence of said supplemental agreement,amounts of Project. compensation and time for completion shall be equitably adjusted. 2 Provide access and make(if specified) all provisions for the Engineer to enter upon public and pnvate lands to enable the ARTICLE 3-TERMINATION Engineer to perform its work under this Agreement. • This Agreement may be terminated by either party upon thirty days' 3 Provide such legal, accounting and insurance counseling written notice without cause. In the event of termination,copies of services as may be required for this Project,(such as review of plans,reports,specifications,electronic drawing/data files(CARD), insurance certificates,bonding clarifications and legal questions field data,notes,and other documents whether written,printed or regarding property acquisition or assessment). recorded on any medium whatsoever, finished or unfinished, 4. Notify the Engineer whenever the City observes or otherwise prepared by the Engineer pursuant to this Agreement and pertaining becomes aware of any defect in the Project to the work or to the Project,(hereinafter"Instruments of Service"), 5. The City Manager or a person or persons designated,shall act as shall be made available to the City pursuant to Article 4. All City's representative with respect to the services to be rendered provisions of this Agreement allocating responsibility or liability under this Agreement. The City's representative shall have the between the City and Engineer shall survive the completion of the authority to transmit and receive instructions and information services hereunder and/or the termination of this Agreement. and to interpret and define the City's policies with respect to services rendered by the Engineer. ARTICLE 4-REUSE AND DISPOSITION OF INSTRUMENTS OF 6 Furnish data(and professional interpretations thereof)prepared SERVICE by or services performed by others,including where applicable, During the course of the work,the Engineer shall make available to but not limited to,previous reports,core borings,probings and the City copies of the Instruments of Service. At the time of sub-surface explorations, hydrographic and hydrogeologic completion or termination of the work, the Engineer shall make surveys,laboratory tests and inspection of samples,materials available to the City the Instruments of Service upon(i)payment of and equipment;appropriate professional interpretations of the amounts due and owing for work performed and expenses incurred foregoing data; environmental assessment and impact as allowed in this Agreement to the date and time of termination,and statements; property, boundary, easement, right-of--way, (ii)fulfillment of the City's obligation under this Agreement Upon topographic and utility surveys;property description;zoning, payment,the Engineer and City will jointly own said Lutruments of deed and other land use restrictions;and other special data not Service. Any use or re-use of such Instruments of Service by the itemized in Exhibit B. City or others without written verification or adaption by the 7. Review all reports,sketches,drawings,specifications and other Engineer except for the specific purpose intended will be at the documents prepared and presented by the Engineer, obtain City's risk and full legal responsibility. advice of legal,accounting and insurance counselors or others as City deems necessary for such examinations and render in The City agrees,to the fullest extent permitted by law,to indemnify writing decisions pertaining thereto within reasonable times so and hold the Engineer harmless from any claim, liability or cost as not to delay the performance by the Engineer of the services (including reasonable attorneys'fees,and defense costs)arising or to be rendered pursuant to this AgreemenL allegedly arising out of any unauthorized reuse or modification of 8 Where appropriate, endeavor to identify, remove and/or these Instruments of Service by the City or any person or entity that encapsulate asbestos products or materials or pollutants located • acquires or obtains the reports, plans and specifications from or in the project area prior to accomplishment by the Engineer of through the City without the written authorization of the Engineer. any work on the Project Under no circumstances shall transfer of Instruments of Service be 9. Provide record drawings and specifications(if available)for all deemed a sale by Engineer,and Engineer makes no warranties,either existing physical plants of facilities which are pertinent to the expressed or implied, of merchantability and fitness for any Project. particular purpose. Exhibit A Page 1 of 3 F:% ..pd 10 Where available provide other services, materials,or data as ARTICLE 14-CONFIDENTIALITY • may be set forth in Exhibits B. The Engineer agrees to keep confidential and not to disclose to any 11. Bear all costs incidental to compliance with the requirements of person or entity,otherthan the Engineer's employees,subconsultants this article. and the general contractor And subcontractors, if appropriate,any 12. Provide the foregoing in a manner sufficiently timely so as not data and information not previously known to and generated by the to delay the performance by the Engineer of the services in Engineer or furnished to the Engineer and not a matter of public accordance with the Contract Documents record. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the B Engineer shall be entitled to rely on the accuracy and Engineer from giving notices required by law or complying with an completeness of information or services furnished by the City or order to provide information or data when such order is issued by a others employed by the City Engineer shall endeavor to verify the court, administrative agency or other authority with proper information provided and shall promptly notify the City if the jurisdiction, or if it is reasonably necessary for the Engineer to Engineer discovers that any information or services furnished by the defend himself or herself from any suit or claim. City is in error or is inadequate for its purpose. ARTICLE 15-LOCATION OF UNDERGROUND ARTICLE 7-OPINIONS OF COST IMPROVEMENTS Opinion, if any, of probable cost, construction cost, financial The Engineer and/or his or her authorized subconsultant will conduct evaluations, feasibility studies, economic analyses of alternate the research that in his or her professional opinion is necessary and solutions and utilitarian considerations of operations and will prepare a plan indicating the locations intended for subsurface maintenance costs provided for are made or to be made on the basis penetrations with respect to assumed locations of underground of the Engineer's experience and qualifications and represent the improvements. Such services by the Engineer or his or her Engineers best judgement as an experienced and qualified subconsultant will be performed in a manner consistent with the professional design firm.The parties acknowledge,however,that the ordinary standard of care The City recognizes that the research may Engineer does not have control over the cost of labor, material, not identify all underground improvements and that the information equipment or services furnished by others or over market conditions upon which the Engineer relies may contain errors or may not be or contractors methods of determining their prices, and any completed. evaluation of any facility to be constructed or acquired,or work of necessity must be speculative until completion of construction or The City agrees,to the fullest extent permitted by law,to waive all acquisition. Accordingly, the Engineer does not guarantee that claimer and causes of action against the Engineer and anyone for proposals, bids or actual costs will not vary from opinions, whom the Engineer may be legally liable, for damages to evaluations or studies submitted by the Engineer. underground improvements resulting from subsurface penetration locations established by the Engineer,except that the City does not ARTICLE 8-INSURANCE release the Engineer, its principals, employees, agents and Engineer has procured insurance in the types and amounts set forth consultants from negligence which causes damage to underground • in Exhibit D improvements resulting from subsurface penetration locations established by the Engineer. ARTICLE 9-ASSIGNMENT This Agreement, intended to secure the service of individuals ARTICLE 16-BETTERMENT employed by and through the Engineer, shall not be assigned or It;due to the Engineer's error,any required item or component of the transferred without written consent of the City. project is omitted from the Engineer's construction documents,the Engineer shall not be responsible for paying the cost to add such item ARTICLE 10-CONTROLLING LAW or component to the extent that such item or component would have This Agreement is to be governed by the laws of the State of been otherwise necessary to the project or otherwise adds value or Minnesota. betterment to the project In no event will the Engineer be responsible for any cost or expense that provides betterment,upgrade ARTICLE 1 I -NON-DISCRIMINATION or enhancement of the project. Engineer will comply with the provisions of applicable Federal,State and Local Statutes,Ordinances,and Regulations pertaining to human ARTICLE 17-CONSTRUCTION OBSERVATION rights and non-discrimination. The Engineer shall visit the project at appropriate intervals during construction to become familiar with the progress and quality of the ARTICLE 12-CONFLICT RESOLUTION contractors' work and to determine if the work is proceeding in In an effort to resolve any conflicts that arise during the design or general accordance with the Contract Documents. The City has not construction of the project or following the completion ofthe project, retained the Engineer to make detailed inspections or to provide the City and Engineer agree that all disputes between them arising exhaustive or continuous project review and observation services. out of or relating to this Agreement shall be submitted to non-binding For City-observed projects,the Engineer shall accept the construction mediation unless the parties mutually agree otherwise. of the project as being completed according to the construction documents upon a similar justification by the City observer. The The City and Engineer further agree to include a similar mediation Engineer does not guarantee the performance of,and shall have no provision in all agreements with independent contractors and responsibility for, the acts or omissions of any contractor, consultants retained for the project and to require all independent subcontractor,supplier or any other entity furnishing materials or contractors and consultants also to include a similar mediation performing any work on the project. provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained,thereby providing for mediation If the City desires more extensive project observation or full-time as the primary method for dispute resolution between the parties to project representation, the City shall request such services be those agreements. provided by the Engineer as Additional Services in accordance with the terns of this Agreement. In this instance, the Engineer shall • ARTICLE 13-ATTORNEYS'FEES accept the construction of the project as being completed according In the event of any litigation arising from or related to the services to the construction documents. However,the Engineer does not provided under this Agreement,the prevailing party will be entitled guarantee the performance of,and shall have no responsibility for, to recovery of all reasonable costs incurred,including court costs, the acts oromissionsofany contractor,subcontractor,supplierorany reasonable attorneys'fees and other related out-of-pocket expenses. other entity furnishing materials or performing any work on the project- Exhibit rojectExhibit A Page 2 of 3 F%WPW[N1CL.1[Mbtaathoaylaih-Lwpd ARTICLE 18-INDEMNIFICATION • The Engineer agrees, to the fullest extent permitted by law, to indemnify and hold the City harmless from any damage,liability or cost(including reasonable attomeys'fees and costs of defense)to the extent caused by the Engineer's negligent acts,errors or omissions in the performance of professional services trader this Agreement and those of his or her subconsultants or anyone for whom the Engineer is legally liable. The City 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 City's negligent acts,errors or omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the City is legally liable, and arising from the project that is the subject of this Agreement. The Engineer is not obligated to indemnify the City in any manner whatsoever for the City's own negligence. • Exhibit A Page 3 of 3 F:twPWDACLtEM M=&oayk:h.&-vrpd EXHIBIT B • WSB & ASSOCIATES, INC. DEFINITIONS B.1 "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the personnel cost for the appropriate labor classification shown on the fee schedule. B.2 "CONSTRUCTION COST" means the amount of the construction contract awarded for the improvement project,plus the value of any equipment,materials or supplies furnished by the City for installation or use by the construction contractor, plus or minus any increases or decreases in the contract amount implemented by change order, supplemental agreement or other instrument subsequent to award of the contract. Reductions in the contract amount subsequent to award will not be a basis for reducing the fee unless it can be demonstrated that as a result of this reduction in the contract amount, the work effort associated with completing this project is reduced. If a construction contract is not awarded,the construction cost shall be considered to be the engineer's estimated cost for the construction of the improvement project,as prepared for the bid opening,unless the City believes the engineer's estimate is unreasonable, in which case, the Engineer and the City shall agree upon an alternate basis for determining the construction cost. Such alternate basis may include negotiation, development of an independent estimate by a third party, or other means. • B.3 "EXPENSES" means out-of-pocket costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testing costs, outside reproduction and printing costs, equipment rental costs and similar costs. BA "LUMP SUM PRICE" means an amount negotiated between the City and Engineer for performance of the services specified in the Design Agreement which is subject to adjustment only if the Scope of Services changes or if circumstances beyond the control of the Engineer causes an increase in the cost of performance of the services. B.5 "DESIGN AGREEMENT"means a written order executed by an authorized representative of the City describing the scope of services and engineering fee arrangement for an improvement project. B.6 "IMPROVEMENT PROJECT" means public improvement projects authorized by the City and paid for with public funds. B.7 "DEDICATION PROJECT"means those proposed improvement projects to be constructed by private funding for eventual dedication to the public. B.8 "INSTRUMENTS OF SERVICE"any plan,specification,or report prepared by the Engineer. • Exhibit Page I of 1 F:wvrWTN\CLUNT\ctwh-bwpa EXHIBIT C • WSB & ASSOCIATES, INC SCOPE OF WORK GENERAL SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS C.1 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.1.1 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.1.2 Advise City as to the necessity of City's providing or obtaining from others data or services and assist City in obtaining such data and services. C.1.3 Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project and participate in consultations with such authorities. • C.1.4 Make such preliminary studies,layouts,andrelimin opinions of cost to identify P �Y P potential construction or financing problems. C.1.5 Assist the City in obtaining all required subsurface investigations as required for the preparation of the feasibility report. C.1.6 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 opinion 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.1.7 Furnish six (6) copies of the feasibility report documents and review the feasibility report with City staff. C.1.8 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. Exhibit C Page 1 of 7 F:%WPWIMCL1 N\stanthonykxh-c C.2 FINAL DESIGN PHASE Subject to further clarification and refinement on a project-by-project basis, the Engineer shall in proper time and sequence: C.2.1 On the basis of the accepted preliminary design documents and the current opinion of project 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.2.2 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 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.2.3 Advise City of any adjustments to the latest opinion of project cost caused by changes in extent or design requirements of the project. • C.2.4 Prepare for review and approval by 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. C.2.5 Attend necessary conferences and be available for general consultation. C.2.6 Furnish three (3) copies of the above documents and of the drawings and specifications and present and review them in person with City, along with completing a plans-in-hand site inspection. Make minor revisions and adjustments as required following review by City. C.3 BIDDING PHASE Subject to further clarification and refinement on a project-by-project basis, the Engineer shall in proper time and sequence: C.3.1 Furnish plans and specifications for agency review and furnish three(3)copies to the City for bidding and construction purposes as a part of this Contract. C.3.2 Issue addenda as appropriate to interpret, clarify or expand the bidding documents. • C.3.3 Assist the City in obtaining and evaluating bids and awarding contracts for the construction of the project. Exhibit C Page 2 of 7 F\WPWINCL1E NTV=dmyNcA-c C.3.4 Consult with and advise 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.3.5 Consult with and advise 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.3.6 Attend bid opening and prepare bid tabulation sheets. CA CONSTRUCTION PHASE Subject to further clarification and refinement on a project-by-project basis, the Engineer shall: C.4.1 Consult with and advise City and act as 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.4.2 Conduct preconstruction conference to be attended by the Contractor, City, and others as may be requested by the City. • C.4.3 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 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 obligation does not include anything related to safety. 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. CAA 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, Exhibit C Page 3 of 7 FAWP { schedules, guarantees, bonds, and certificates of inspection which are to be • assembled by the Contractor in accordance with the contract documents. C.4.5 Issue all instructions of City to Contractor; issue necessary interpretations and clarifications of the contract documents and in connection therewith prepare change orders as required for City's approval and have authority,as City's representative,to require special inspection or testing of the work. C.4.6 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 his 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 his 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.4.7 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 his obligations, the Engineer shall give written notice to the City and the Contractor that the work is acceptable for final payment. C.4.8 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. C.4.9 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.5 SCOPE OF SERVICES FOR DEDICATION PROTECTS Subject to further clarification and refinement on a project-by-project basis, the Engineer shall: C.5.1 Following written notice from the City Manager,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 his review, Exhibit C Page 4 of 7 FAWPWINICL 1ENT4taothony%cxh{ submit a written report to the City Manager to assist him/her and the City Council • in approving or disapproving the proposed Dedication Project. C.5.2 Submit a written progress report to the City Manager for each Dedication Project under construction on the Thursday preceding the second regularly scheduled Council meeting of each month. The report should include budget, schedule and progress information. C.5.3 Submit a written report to assist the City Manager 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.6 RESIDENT PROJECT REPRESENTATIVE SERVICES C.6.1 If required by the City and approved in writing,one or more full-time resident project representatives,experienced in the type of construction proposed,will be furnished and directed by the Engineer in order to provide more extensive representation at the project site during construction phase. However, the furnishing of such resident project representation shall not make the Engineer responsible for the construction means, methods, techniques, sequences or procedures, or for safety precautions or programs. The Engineer shall be obligated,however, to disclose known dangerous • circumstances to the City. C.7 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.7.1 Preparation of applications and supporting documents for government grants,loans, complex permits,or advances in connection with the project. Preparation or review of environmental assessment worksheets and environmental impact statements. Review and evaluation of the effect on the design requirements of the project of any statements or documents prepared by others. C.7.2 Additional services due to significant changes in general scope of the project or its design including but not limited to, change of size, complexity of character or of construction. C.7.3 Preparing supporting data and other services in connection with change orders if the change is due to causes beyond the control of the Engineer and is inconsistent with the original design intent. C.7.4 Providing professional services made necessary by the default of the Contractor or • by major defects in the work ofthe Contractor in the performance of the construction contract. Exhibit C Page 5 of 7 FAWPWIMCUEN standmy\L h • C.7.5 Providing extensive assistance in the utilization of any equipment or system such as initial startup or testing, adjusting and balancing, preparation of operating and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. C.7.6 Providing contract administration after the construction contract time has been extended from the completion date by more than 30 working days through no fault of the Engineer. C.7.7 Providing services of professional subconsultants as required for the project. C.7.8 Providing the type of surveying or related engineering services necessary for preparation and/or temporary easements. C.7.9 Serving as an expert witness for the City in any litigation or other proceedings involved in the project. C.7.10 Providing services for preparation of preliminary and final assessment rolls. C.7.11 Review of developer's plats,concept plans, and provide assistance to the developer in preparing a plat for improvement projects. • C.7.12 Prepare legal descriptions and exhibits for all permanent and temporary easements required for the project. C.7.13 Provide preliminary surveying prior to plan preparation and construction surveying necessary for construction of the project. C.7.14 Additional services in connection with the project not otherwise provided for in this Agreement. C.7.15 Within 90 days after receipt of all necessary data, prepare for City on request a set of reproducible record prints of drawings showing those changes made during the construction process,based on marked up prints,drawings,and other data furnished by the resident project representative,if one is supplied by the Engineer,or furnished in conjunction with the Contractor to the Engineer or by the City's representative and which the Engineer considers significant. C.8 SCOPE OF SERVICES FOR STUDIES Subject to further clarification on a project-by-project basis, the Engineer shall: C.8.1 NEEDS PHASE • C.8.1.1 Identify the goals of the study with City staff. Exhibit C Page 6 of 7 F:%WPW1?AMFN WAndmy%.-A c C.8.1.2 Establish the completion date in response to the needs of the City. • C.8.1.3 Establish the budget for the study or report. P C.8.2 SCOPE OF WORK PHASE C.8.2.1 A work plan will be developed and submitted to the City for review and approval. Members of the Engineer's team will meet with City staff to review the work plan. C.8.2.2 A meeting will be held with City staff to collect all pertinent information. C.8.2.3 Other metropolitan,county,state or federal agencies will be contacted to obtain any other resource information. C.8.2.4 An outline of the deliverables shall be given to the City staff for their approval. C.8.2.5 Deliver the draft and final document within completion dates as determined in C.9.1.2. • • Exhibit C Page 7 of 7 F:%WPWIN\Ct.IFN\a&nthonykxht • EXHIBIT D WSB & ASSOCIATES, INC COMPENSATION The City shall pay the Engineer for Basic Services rendered on the basis of a percentage of the construction cost of the project,a negotiated lump sum fee,or on an hourly basis,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. Reimbursable expenses shall be paid in addition to said fees. D.l PERCENTAGE OF THE CONSTRUCTION COST The percentage of the construction cost of the project shall be calculated in accordance with Exhibit F attached to this document. This method shall be used for improvement projects that exceed$100,000 in construction cost when authorized under this method of payment. The construction cost shall be as defined in Exhibit B, Section B.2 "Construction Cost". Phase Percentage Preliminary Report/Study 15% Preliminary Design 25% • Final Design 45% Bidding Process 5% Contract Administration 7% Paid proportional to percentage of construction complete. Record Drawings 3% D.1.1 The Engineer shall be paid a percentage of the fee according to the above-noted schedule upon completion of the appropriate phase based on the construction cost determined in the feasibility report. Adjustment in the fee will be completed upon receipt of bids or as described in the Definition section for"construction cost". D.1.2 In any case where the final design is complete and the project is delayed to the extent that the contract documents must be modified prior to the project proceeding, the Engineer shall be paid on an hourly basis to return the project to current standards and modify the bidding documents as necessary. The bidding and contract administration would then be paid according to the above-noted percentages. D.2 LUMP SUM • The lump sum amount will be determined on a project-by-project basis and is subject to negotiation with the City. The authorization and lump sum fee will be stated in a supplemental agreement for each project. It is agreed that if the scope for the lump sum Exhibit D Page 1 of 2 FAWPWTN CL1EN stacd=Y%eah4 • project is exceeded, the Engineer will notify the City and negotiate additional fees for the added work. The payment schedule for projects shall be defined on a project-by-project basis. D.3 HOURLY BASIS The Engineer shall be compensated monthly for any work assigned at an hourly rate basis in conformance with the Engineer's current fee schedule, Exhibit F. This method will be used for all general city engineering services, dedication projects and construction activities outside of the standard fee. DA MISCELLANEOUS D.4.1 Independent Consultants-The cost of services performed by independent consultants or agencies for property surveys,environmental evaluations,soil testing,test drilling field tests, laboratory work and similar services required for the preliminary report, final design or construction phase shall be paid independently by the City if they have been approved in advance by the City. D.4.2 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 Manager directs Engineer to perform other work, the Engineer shall be compensated for the cost of such revisions at the hourly fee. If the revisions consist of extension or enlargement of the project, payment for plans and specifications for such extension shall be included in the basic fee based upon the increased project. D.4.3 Receipt of Payment - In order to receive payment for services, the Engineer shall submit monthly invoices describing in detail that the services have been 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 lump sum 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. D.4.3.1 Travel time and mileage costs are not billed to the City and are part of WSB's fee schedule. • Exhibit D Page 2 of 2 F:NWPw1N\CL1 N%snmhooyNenh-0