HomeMy WebLinkAbout1999-151RESOLUTION 99 -151
APPROVING AGREEMENT WITH BONESTROO, ROSENE,
ANDERLIK AND ASSOCIATES FOR PROFESSIONAL SERVICES
WHEREAS, the City intends to retain Bonestroo, Rosene, Anderlik and Associates
from time to time to provide services to the City, and
WHEREAS, Bonestroo, Rosene, Anderlik and Associates will provide the "basic
services" as described in Appendix A of the agreement (attached), and
WHEREAS, other services may be provided as outlined in Appendix B of the
agreement.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Stillwater, Minnesota, that the Professional Services agreement with Bonestroo, Rosene,
Anderlik and Associates is hereby approved, and the appropriate city staff are authorized
to sign said contract.
Adopted by Council this 15th day of June, 1999.
Attest:
ay Ki le, Mayor
Morli eldon, City Clerk
PROFESSIONAL SERVICES AGREEMENT
Between
CITY OF STILLWATER, MN
And
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
;e~
This is an Agreement, effective on ~ ~~ ~~ 1999, between the City of
Stillwater, MN ("City"), and Bonestroo, Rosene, Anderlik & Associates, Inc., a Minnesota corporation,
("Engineer"), for professional engineering services as well as for professional services in the planning,
design and construction of public works and special projects. "'
SECTION 1. ENGINEER'S SERVICES
1.1. General
The City intends to retain the Engineer from time to time to provide services to the City. Each
engagement of the Engineer by the City or each construction project shall be referred to as a
"Project." The City reserves the right to retain others to perform engineering services for the City.
1.2. Basic Services for Construction Praiects
For construction projects, the Engineer will provide the "Basic Services" described in Appendix A.
Basic Services for construction projects consists of two phases:
1) Design Engineering Phase
a. Feasibility Study /Report
b. Final Design
2) Construction Engineering Phase
1.3. Supplemental Services
1.3.1. For construction projects, Engineer will provide "Pre-authorized Supplemental Services"
identified in Appendix B, Section 1.
1.3.2. If authorized in writing by the City, the Engineer will furnish "Other Potential Supplemental
Services" that are identified in Appendix B, Section 2.
1.4. Other Investiaations. Studies and Reports
The City may direct the Engineer to provide services not related to a construction project
("Special Studies"). Examples of Special Studies include: traffic studies; transportation studies;
feasibility investigations, studies and reports; sanitary sewer, water, and stormwater system
master plans; environmental assessments, worksheets or impact statements; and rate studies.
For Special Studies, the Engineer will provide the City with a written scope of services and an
estimate of the costs, and will not begin work until authorized by the City.
SECTION 2. THE CITY'S RESPONSIBILITIES
The City is responsible for all matters described in Appendix C.
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SECTION 3. COMPENSATION
3.1. Pavment for Basic Services
3.1.1. For Design Engineering Basic Services, the City will pay the Engineer as set forth in
Appendix D.
3.1.2. For Construction Engineering Basic Services, the City will pay the Engineer on an hourly
basis according to the rates in Appendix E.
3.2. Payment for Supplemental Services
3.2.1. For the preparation of reproducible "Record Plans," the City will pay the Engineer %2 percent
of the Construction Cost of the Project when such Cost is greater than $100,000. For the
preparation of reproducible Record Plans when the Construction Cost of the Project is less
than $100,000, the City will pay the Engineer on an hourly basis according to the rates in
Appendix E.
3.2.2. For all other Supplemental Services described in Appendix B and for other services not
provided for in this Agreement, the City will pay the Engineer on an hourly basis according to
the rates in Appendix E.
3.3. Payment for Special Studies
The City will pay the Engineer for these services as agreed upon by the parties, either on a lump
sum basis or on an hourly basis according to the rates in Appendix E.
3.4. Payment for Reimbursable Expenses
In addition to engineering fees, the City will pay the Engineer for Reimbursable Expenses on the
basis of the Engineer's cost. Although not a complete list, examples of Reimbursable Expenses
include: the costs of plotting .drawings and the reproduction of drawings and specifications;
project-specific printing, .duplicating, tabs and indexes; testing; mileage; travel and per diem
expenses of the Engineer for out-of-town trips required for a Project; long distance telephone
calls and faxes as required to expedite the work; the costs for cellular phone calls/service for
Engineer's field personnel on a Project; project photographs taken before and during
construction; construction stakes; postage and delivery charges; and out-of-pocket expenses
incurred directly for a Project.
3.5. Progress Payments
The City will make progress payments to the Engineer in. proportion to services performed, as
reasonably estimated by the Engineer. The Engineer will invoice the City monthly during the
progress of the work. The City shall pay each properly documented invoice of the Engineer
within 30 days after the City's receipt of such invoice. Owner may not reserve as retainage any
portion of a payment due under this Agreement.
3.6. Objections to Invoices/No Deductions
It is important for the Engineer to be promptly informed of problems. If the City objects to any
portion of an invoice, the City shall notify the Engineer in writing within twenty days of the
invoice's receipt. The City agrees to pay any undisputed portions of an invoice. No deductions
shall be made from the Engineer's compensation on account of penalty, liquidated damages, or
other sums withheld from payment to contractors, except as may be determined by mediation,
arbitration, litigation or other dispute resolution mechanism to which the Engineer is a party.
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3.7. Suspension of Work
If the City fails to make payments when due or otherwise breaches this Agreement, the Engineer
may suspend work after providing five days notice to the City. The Engineer will not be liable for
any costs or damages resulting from such a suspension of work.
3.8. Interest/Collection Costs
The City agrees to pay the Engineer 1 % per month interest on all invoices of the Engineer, with
interest beginning to accrue 30 days after the date of the invoice. If the Minnesota Prompt
Payment Act (M.S. §471.425) requires a higher rate of interest, that rate shall apply. If the City
fails to pay Engineer all amounts owing pursuant to the terms of this Agreement, the City agrees
to pay all costs of collection, including reasonable attorney's fees, in addition to all other amounts
due under this Agreement.
SECTION 4. GENERAL CONSIDERATIONS.
4.1. Standard of Care
The Engineer shall exercise the same degree of care, skill and diligence in the performance of its
services as is ordinarily exercised by a professional engineer under like circumstances. Nothing
in this Agreement, or otherwise prepared as a result of the Project, shall modify the foregoing
standard of care. '
4.2. Delavs
Both the Engineer and the City will put forth reasonable efforts to complete their respective duties
in a timely manner. Because the Engineer's performance must be governed by sound
professional practices, the Engineer is not responsible for delays occasioned by factors beyond
its control or that could not reasonably have been foreseen at the time of preparation of this
Agreement.
4.3. Opinions of Costs and Schedules
Since the Engineer has no control over the cost of labor and material or over competitive bidding
and market conditions, the Engineer's Opinion of Probable Construction Cost and of Project
schedules can only be made on the basis of experience or qualifications as a professional
engineer. The Engineer does not guarantee that proposals, bids, actual Project costs or
construction schedules will not vary from Engineer's opinions or estimates. If the City desires
greater assurance as to the anticipated Construction Cost of the Project, the City shall employ, or
instruct the Engineer to provide as a Supplemental Service, an independent cost estimator.
4.4. Insurance
4.4.1. The Engineer agrees to maintain a professional liability insurance policy for negligent acts,
errors or omissions in an amount of at least $2,000,000 annual aggregate, on a claims-made
basis, as long as such insurance is reasonably available under standard policies at rates
comparable to those currently in effect. The Engineer will not cancel the insurance until thirty
days after providing the City written notice.
4.4.2. The Engineer shall maintain:
1) Statutory workers compensation and employers' liability insurance coverage.
2) Comprehensive general liability and automobile liability insurance coverage in the sum of
not less than $1,000,000 each.
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4.5. Ownership of Instruments of Service
Documents (including Digital Data) prepared by the Engineer, such as drawings, specifications
and reports ("Engineering Documents") are instruments of the Engineer's professional services,
and not products. The Engineering Documents are prepared for a specific Project, and may not
be used for other Projects. For health. and safety. reasons, the City agrees it will not use the
Engineering Documents (except for computer hydraulic or hydrologic modeling data) for other
purposes or provide them to other persons. If the City violates this provision, it waives any
resulting claims against the Engineer, and agrees to defend and indemnify the Engineer from any
resulting claim or liability (including reasonable attorneys' fees).
4.6. Digital Data
4.6.1. If included in Basic or Supplemental Services and as a convenience to the City, the Engineer
will furnish the City with electronic data versions of certain drawings or other written
documents ("Digital Data") provided in hard copy form. In the event of any conflict between a
hard copy document and the Digital Data, the hard copy document governs. The Digital Data
-shall be prepared in the current software in use by the Engineer and is not warranted to be
compatible with other systems or software.
4.6.2. Any Digital Data submitted by the Engineer to the City is submitted for an acceptance period
of 60 days ("Acceptance Period"). Any defects that the City discovers during this period and
reports to the Engineer will be corrected by the Engineer at no extra charge.: For correction
of defects reported to the Engineer after the Acceptance Period, the City shall compensate
Engineer on an hourly basis at Engineer's billing rates set forth in Appendix E. The City
understands that the Digital Data is perishable and the City is responsible for maintaining it.
4.7. Termination. Suspension or Abandonment
4.7.1. The City or the Engineer may terminate or suspend this Agreement. The terminating or
suspending party shall notify the other party 14 calendar days prior to the effective date of the
termination or suspension.
4.7.2. The Engineer and the City will cooperate if the Engineer's work is terminated, suspended or
abandoned for any reason. In addition, the City shall timely pay the Engineer for services
rendered and costs incurred as required by this Agreement. Services and costs shall include
those rendered and incurred up to the time of termination, suspension or abandonment, as
well as those associated with the termination, suspension or abandonment itself, pursuant to
the rates in Appendix E. If a Project is reinstated, an equitable adjustment to the Engineer's
compensation may be necessary.
4.8. Dispute Resolution
4.8.1. In an effort to resolve any conflicts that arise out of the services under this Agreement, all
disputes between the City and the Engineer arising out of or relating to this Agreement shall
be submitted to nonbinding mediation prior to commencing arbitration or litigation.
4.8.2. Unless the City and the Engineer mutually agree otherwise, all claims, disputes, and other
matters in question arising out of or relating to this Agreement which are not resolved by
mediation and where the amount in controversy is less than $200,000, shall be decided by
binding arbitration in accordance with the then-most current Construction Industry Rules of
the American Arbitration Association.
4.8.3. In the event of litigation or arbitration arising from or related to the services provided under
this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred,
including staff time, court costs, attorney's fees and other related expenses.
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4.8.4. If the Engineer or the City intends to assert a claim against the other as a result of a dispute
with a third party, the claiming party shall notify the other party as soon as possible, and in
any event prior to resolving the dispute with the third party.
4.8.5. So that any claims of the City may be intelligently addressed by the Engineer, the City agrees
to make no claim. for professional negligence against the Engineer unless the City has first
provided the Engineer a written certification signed by an independent Engineer licensed in
Minnesota and currently practicing in the same discipline. The certification shall specify
every act or omission of the Engineer that is a violation of the applicable standard of care and
the basis for the certifier's opinion(s). This certificate shall be provided no fewer than 30 days
prior to instituting arbitration or suit.
4.8.6. Causes of action between the Engineer and the City relating to acts or failures to act shall be
deemed to have accrued and the applicable statute of limitations shall commence to run not
later than the date of substantial completion of a Project.
4.9. Hazardous Substance
The Engineer's scope of services does not include any services related to hazardous or toxic
materials, including asbestos and PCBs. If it becomes known that such materials may be present
at or near a Project that may affect the Engineer's services, the Engineer may suspend
performance of its services, without liability, and will assist the City to retain appropriate specialist
consultants to adequately identify and abate such materials so that Engineer's services may
resume.
4.10. Governing Law
This Agreement shall be governed by the taws of the State of Minnesota and any dispute shall be
venued in the state or federal courts in Minnesota.
4.11. Integration
This is an integrated Agreement and it supersedes all prior negotiations or agreements between
the parties. It shall be modified only by a written document signed by the party sought to be
bound. The provisions of this Agreement are severable, and if any provision is found to be
unenforceable, the remaining provisions continue to be valid, and the unenforceable provision
shall be reformed with a valid provision that comes as near as possible to expressing the
intention of the unenforceable provision.
4.12. Assignment
Except for the Engineer's use of necessary consultants, the Engineer and the City shall not
assign or delegate their respective obligations under this Agreement without the written consent
of the other party, which consent shall not be unreasonably withheld.
SECTION 5. LIABILITY
Having considered the potential liabilities that exist during the performance of the Engineer's services, the
benefits of a Project, the Engineer's fee for its services, and the promises contained in this Agreement,
the City and the Engineer agree that risks should be allocated in accordance with this section, to the
fullest extent permitted by law.
5.1. Indemnification
The Engineer and the City each agree to defend and indemnify each other from liability for
claims, losses, damages or expenses (including reasonable attorney's fees) to the extent they are
caused by their negligent acts, errors or omissions relating to this Agreement. In the event the
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claims, losses, damages or expenses are caused by the joint or concurrent negligence of the
Engineer and the City, they shall be borne by each party in proportion to its own negligence.
5.2. Limitation of Liability
The Engineer's and its employees' aggregate liability to the City for any and att claims, losses or
damages arising out of any Project or this Agreement for any cause shall not exceed the
insurance proceeds available at the time of settlement or judgment. This limitation shall apply
regardless of the cause of action or legal theory pled or asserted.
5.3. Consequential Damages
Neither the City nor the Engineer shall be liable to the other for any consequential damages
incurred due to the fault of the other or their agents. Consequential damages include, but are not
limited to, loss of use and loss of profit.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and
year first above written.
ENGINEER:
BONESTROO, ROSENE; ANDERLIK 8~
ASSOCIATES, INC.
CITY:
CITY OF STILLWATER, MN
By
Otto G. es roo, CEO
Date
c
By
i e, Mayo
Date ~// .S/. g ~_-.
And By,/~
ile ne I, Coordinator
Date ~ /~CI 9
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Appendix A
Basic Services for Construction Projects
The Engineer's Basic Services for construction projects consist of the Design Engineering Phase and the
Construction Engineering Phase, which are described below.
Design Engineering Phase
Feasibility Study /Report
Upon receipt of the City's authorization to proceed with the Feasibility Study/Report, the Engineer will:
1.1. After consulting with the City, prepare an engineering feasibility report on the Project. The report
will indicate the scope of the Project and include the following elements:
1) Summary of preliminary design alternatives and recommendations; _
2) Engineer's Preliminary Opinion of Probable Construction. Cost;
3) Administrative, legal, bonding and engineering cost estimates based on a percentage of the
construction cost;
4) List of permits required from other governmental and administrative bodies;.
5) Project sketches indicating the general nature of the proposed Project improvements;
6) Proposed funding sources.
1.2. Outline the anticipated permanent and temporary easements and rights-of--way needed for the
construction of the Project.
1.3. Submit 15 copies of the Feasibility Report to the City five calendar days before review by the City
Council
1.4. Using maps and diagrams which depict the nature and location of the Project, present the data
contained in the Report to the City Council at a public hearing.
2. Final Desian
Upon receipt of City authorization to proceed with the Final Design, the Engineer will:
2.1. Design and prepare detailed plans and specifications for the Project. During the design and
preparation of the plans and specifications, the Engineer will periodically consult with the City's
appointed representative to obtain the City's comments. Upon completion, the Engineer will
submit five sets of the plans and specifications for review by the City, five calendar days prior to
their review and approval by the City Council at a public meeting.
2.2. Prepare the Contract Documents for review by the City and its attorneys, which include:
1) Construction agreement forms
2) Payment and performance bond forms
3) General conditions
4) Special provisions
5) Specifications
6) Detailed plans
7) Proposal forms
The Engineer will furnish Contract Document sets in sufficient quantity to satisfy the number of
anticipated bidders.
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2.3. Advise the City as to necessary services in addition to those furnished by the Engineer, such as
land and easement surveys, soil borings, testing services and other information needed for a
Project. If authorized by the City, the Engineer will assist the City to procure these services. The
providers of these services will contract directly with the City and issue invoices directly to the
City.
2.4. Prepare a statement of the Engineer's Opinion of Probable Construction Cost for the Project,
based upon designs established to this point.
2.5. Upon receipt of City Council authorization to proceed, the Engineer will assist the City in obtaining
and analyzing construction bids for the Project. Based on the bids, the Engineer will prepare a
recommendation for award.
Construction Phase
Upon receipt of City authorization to proceed, with the Construction Phase of the Project, the Engineer
will'
1.1. Organize, attend and assist the City at the pre-construction conference -with the successful
bidder, and any other parties, bodies, or agencies who have an interest in the Project....
1.2. Provide construction survey staking.
1.3. Visit the Project site at appropriate intervals during construction to become generally familiar with
the progress and quality of the contractor's work and to determine if the work is proceeding in
general accordance with the Contract Documents. The .City has not retained the .Engineer to
make detailed inspections or to provide exhaustive or continuous project review and observation
services. Further, the Engineer does not supervise or have control over the Contractor's work,
the means or methods of construction, or safety precautions in connection with the work... As a
result, the .Engineer. does not guarantee the performance of a contractor, and has no
responsibility for the acts or .omissions of .any contractor, subcontractor, supplier or any other
entity furnishing materials or performing any work on a project. (More extensive site
representation may be agreed to as a Supplemental Service, as described in Appendix B.)
1.4. Review of shop drawings, samples and other submittals. Engineer shall review shop drawings,
samples and other submissions of the Contractor solely for their general compatibility with the
Engineer's design intent and conformance with information given in the Contract Documents.
The Engineer shalt not be responsible for any aspects of a shop drawing submission relating to
the duties of the Contractor (such as the means, methods, techniques, sequences and operations
of construction, safety precautions and programs incidental thereto) all of which are the
Contractor's responsibility, and not the responsibility of the Engineer.
1.5. Review the Contractor's request for progress payments, advise. the City in writing as to the
Engineer's opinion of the extent of the work completed in accordance with the terms of the
Construction Contract, and issue for processing by the City all requests for payment.
1.6. Make recommendations to the City as to all claims relating to the execution and progress of the
construction work.
1.7. Issue such additional instructions to the Contractor as may be necessary to interpret the drawings
and specifications or the illustrated changes required in the Contractor's work.
1.8. After consulting with the City, prepare Change Orders for work not covered by the Contract or for
substantial over-run of estimated "contract quantities" as defined in the Project's Contract
Documents, for the City's approval and execution. Change Orders shall be processed as soon as
practical after the City provides written approval to the Engineer. The City understands that
Change Orders may be required during a Project for many" reasons, including because of
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incompleteness, errors, or ambiguities in the Construction Documents. The Engineer shall not be
liable for any type or quantity of Change Orders that are within professional standards. In no
event shall the Engineer be responsible for paying the cost of a Change Order or other change to
the extent that it would have been otherwise necessary to a Project or otherwise adds value or
betterment to a Project.
1.9. Conduct construction progress reviews with the Contractor and the City related to the
Contractor's date of completion.
1.10. Coordinate periodic field tests during the course of construction.
1.11. Conduct an inspection to determine if the work is substantially complete. On the basis of its on-
site observations, the Engineer shall prepare a "punch list" for the Contractor, listing work left to
be completed by the Contractor.
1.12. Conduct, in the presence of the City's Representative, afinal inspection of the Project as
constructed to determine whether it:
1) Generally conforms with the Engineer's design concept of the Project as contained in the
Contract Documents, and
2) Appears to be constructed in accordance with the Contract Documents.
The Engineer shalt certify a recommendation for acceptance of the work to the City and then shall
forward to the City a written approval of the Contractor's Request for Final Payment which shall
be signed by the Contractor.
1.13. Arrange for-the City to receive detailed instructions regarding the operation and maintenance of
any equipment, machinery or apparatus installed as part of the Project. Such instructions shall
be supplied by the Contractor and manufacturers' representatives.
1.14. Collection of field-measured quantities required to produce "Record Plans"
The Engineer's review of the Contractor's work (including reviewing the Contractor's shop drawings and
samples, work product and requests for payments) do not increase the responsibility or duties of the
Engineer beyond those explicitly described elsewhere in this Agreement. By making these review efforts,
the Engineer does not guarantee the performance of the Contractor or assume responsibility for any acts
or omissions of the Contractor, including any failure of the Contractor to properly perform its work or
comply with its obligations, and the City's sole remedy for the Contractor's acts or omissions is from the
Contractor and not the Engineer.
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Appendix B
Supplemental Services
1. Pre-Authorized Supplemental Services
By this Agreement, the City pre-authorizes the Engineer to provide the following Supplemental Services:
1.1. Preliminary surveying.
1.2. Assist the City in preparing applications necessary for approvals, permits and licenses from other
entities, such as the Minnesota Department of Transportation, Minnesota Department of Health,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, U.S. A_ rmy
Corps of Engineers, watershed districts, railroads, and private utilities, and making any
unanticipated changes resulting therefrom.
1.3. Making revisions in drawings, specifications or other documents when such revisions are:
1.3.1. Requested by the City and are inconsistent with approvals or instructions previously given by
the City;
1.3.2. Required by the enactment or revisions of codes, laws or regulations subsequent to the
preparation of such documents,
1.3.3. Due to changes required as a result of the City's failure to render decisions in a timely
manner; or
1.3.4. -Due to any other causes beyond the Engineer's control
1.4. Providing consultation regarding. the .replacement of all such parts of the Project as may be
damaged by fire or other cause during construction and assisting. the City in arranging for
continuation of the work should the Contractor. default for any reason.
1.5. Providing services made necessary .by the default of a Contractor, by major defects or
deficiencies in the work of a Contractor, or by failure of performance of either the City or a
Contractor under the Contract for construction.
1.6. Construction dispute resolution assistance.
1.7. Providing services in connection with warranty work to be done by the Contractor.
1.8. Prepare and furnish the City a set of reproducible °Record Plans" of the construction Project
showing those changes _the Engineer considers .significant. which were made during the
construction process, based on marked-up prints, drawings, and other data furnished by the
Contractor, upon which the Engineer may rely in preparing the Record Plans.
2. Other Potential Supplemental Services
If authorized by the City, the Engineer will provide the following services:
2.1. Pre-project concept development. This work includes assisting the City with defining the scope of
a Project.
2.2. Transportation and bridge engineering and planning services,. including:
2.2.1. Transportation analysis which encompasses and benefits an area greater than that of the
Project.
2.2.2. Traffic signing and pavement marking design.
2.2.3. Traffic analysis, signal justification reports, and development of signal timing associated with
preparing traffic signal plans and specifications.
2.2.4. Traffic analysis required for roadway and intersection geometric design.
2.2.5. Project development reports (project path, and project memorandum, and design study)
required for Mn-DOT-funded projects.
2.3. Attendance at neighborhood meetings.
2.4. Assistance with assessments.
2.5. Attendance at and assistance with assessment hearings.
2.6. Assistance with easements.
2.7. Operator training.
2.8. Preparation of detailed operation and maintenance manuals. .
2.9. User rate studies.
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2.10. Pilot testing.
2.11. Preparation f applications for funding assistance.
2.12. Hydraulic an hydrologic studies, such as:
2.12.1. Hydrauli analysis benefiting an area greater than that of the Project.
2.12.2. Stormwa er, surface water and groundwater quality analyses.
2.13. Attendance at more than one public hearing per Project.
2.14. Assisting the City or its representative in connection with mediation, arbitration, litigation or other
proceedings involving the Project, including preparing to testify and testifying as an expert
witness.
2.15. Providing one or more full-time Resident Project Representatives (and assistant[s]) in order to
provide the City with continuous representation at the Project site during the Construction Phase,
but only if requested by the City or recommended by the Engineer and authorized by the City.
2.16. Providing any other service not otherwise included in Basic Services or not customarily furnished
in accordance with generally accepted engineering practice.
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Appendix C
The City's Responsibilities
The City shall:
1) Provide full information as to its requirements for a Project. The City will adequately define the
scope of a Project. Assistance by the Engineer during the scoping phase will be compensated as
a Supplemental Service.
2) Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy
of any planning, design and construction standards which the City shall require the Engineer to
follow in preparation of Contract Documents for a Project.
3) Place at Engineer's disposal all available written data pertinent to the Project, including existing
reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land-use, and
zoning maps, borings and other data affecting the design and/or construction of a Project.
4) Acquire all land, easements, and rights-of--way for the Project and provide for land surveys and
the preparation of legal descriptions and exhibits, certificates or plats.
5) Provide access to the Project site and make all provisions for the Engineer to enter, upon public
and private lands'as required by the Engineer to perform its services.
6) Examine all studies, reports, sketches, Opinions of Probable Construction Costs, specifications,
drawings, proposals and other documents presented by the Engineer and promptly render the
City's decisions pertaining to each of such documents.
7) Provide legal review of the Contract Documents and provide any required accounting and
insurance counseling services for the Project.
8) Designate a single person to act as the City's Representative with respect to the Engineer's
services. Such person shall have complete authority to transmit instructions, receive information,
and interpret and define the City's policies and decisions with respect to services covered by this
Agreement, subject to City Council approval when required by law.
9) Give prompt written notice to the Engineer whenever the City observes or otherwise becomes
aware of any defect in the Project or any development that affects the scope or timing of the
Engineer's services.
10) Furnish, or instruct the Engineer to provide at the City's expense, necessary "Other Potential
Supplemental Services" as provided in Appendix B as they may be needed for a Project.
11) Furnish to the Engineer, as. required by the Engineer for performance of its services, information
or consultations not covered in the Engineer's Basic Services, such as core borings, probings and
subsurface explorations; hydrographic surveys, laboratory tests and inspections of samples,
materials and equipment; appropriate professional interpretations of all of the foregoing; property,
boundary, easement, and right-of-way surveys and property descriptions; zoning and deed
restrictions.
12) Furnish environmental assessments, audits, investigations and impact statements, and other
relevant environmental studies for the Project, the site and adjacent areas.
13) Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
work.
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14) Act promptly on all construction Change Orders and provide authorization before Change Orders
are issued to the Contractor on a Project.
15) Furnish inspection or monitoring services as the City desires to verify that Contractor is complying
with all laws or regulations and to verify that Contractor is taking all necessary safety precautions
to protect persons and property, as the Engineer in this Agreement does not undertake to perform
these services.
In performing its services, the Engineer may rely upon-the accuracy and completeness of all City provided
information.
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Appendix D
Compensation for Design Engineering Basic Services
1. Construction Cost of the Project. The Fee for Design Engineering. Basic Services. is a
percentage of the °Construction Cost of the Project," which is the total cost of-all work .designed or
specified by the Engineer for the Project, including change orders. It is determined as follows, with
precedence in the order listed:
1) For completed construction, the costs to the City of all construction work performed, including the
value of all alternates designed, whether awarded or nat.
2) For construction work bid but not constructed, the lowest bona fide bid received from a qualified
bidder, including the value of all alternates designed, whether awarded or not.
3) For work for which bids have not been received, the Engineer's latest Opinion of Probable
Construction Cost.
"Construction Cost of the Project" does not include:
1) Any payments to the Engineer or its consultants.
2) The cost of the land or right-of-way.
3) Other costs which are the responsibility of the City described in Appendix C that were not
specified by the Engineer.
2. Determining the fee for Design Engineering Basic Services. For providing Design
Engineering Basic Services on construction projects, the City shall pay the Engineer as follows (the
"Fee°):
1) For projects that the Engineer believes the construction cost will be more than $100,000, the City
shall pay the Engineer a percentage of the Construction Cost of the Project. The applicable
percentage is found in Schedule 1 or Schedule 2 below.
Construction
C
t Basic Services Fee far
Desi n En ineerin Phase
os Schedule 1 Schedule 2
$ 100,000 11.05% 8.56%
150,000 10.45% 818%
200,000 9.85% 7.80%
250,000 9.26% 7.42%
...300,000 9.03% 7.27%
400,000 8.56% 6.95%0
500,000 8.09% 6.65%
750,000 7.51 % 6.30%
1,000,000 7.15% 5.91
2,000,000 6.48% 5.46%
4,000,000 6.04% 5.04%
6,000,000 5.89% 4.85%
For a construction cost between listed amounts, the fee will be interpolated.
Schedule 1 establishes the Fee for the following types of construction projects:
a) Projects involving process engineering (e.g., pumping stations, wells, etc.);
b) Projects which require outside funding agency approval;
c) Structural facilities (e.g., pumphouses, bridges, retaining walls, etc.);
J:\MKT\AGR\Stillwater Al 243.doc D -1
d) Park work and landscape architecture;
e) Multi-agency projects;
f) Traffic signal projects
g) Street reconstruction projects.
Schedule 2 establishes the Fee for al! other types of construction projects.
2) For projects that the Engineer believes the construction cost will be less than $100,000, the City
shall pay the Engineer for Basic Services on an hourly basis in accordance with Appendix E,
Billing Rate Schedule. As an alternative for a particular Project if agreed to by both parties, the
City shall pay the Engineer on a lump sum basis where, for each such Project, the amount is
negotiated between the two parties.
3. Payment fOr FeaSibllity Study /Report. For completion of the Feasibility Study /Report
portion of the Design Engineering Phase, City shall pay Engineer on an hourly basis according to the
rates in Appendix E. As an alternative for a particular Project if agreed to by both parties, the City
shall pay the Engineer on a lump sum basis where, for each such Project, the amount is negotiated
between the two parties. The amount paid for the Feasibility Study /Report shall be credited against
the Fee if and when the Project moves forward into Final Design, subject to the following:
3.1. The amount of the credit shall not exceed 20 percent of the Design Fee, and
3.2. A partial credit shall be issued for studies: 1) that exceed the normal scope of services for the
Feasibility Study/Report, and 2) in situations where only a part of the study recommendations
proceed to Final Design.
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Appendix E
1999 Billing Rate Schedule
Classification Hourl Rate
Senior Princi al ~ $94.50
Princi al/Project Mana er; Senior Scientist 84.50
Registered Engineer/Architect/Landscape Architect; Natural
Resource S ecialist
73.50
Project Engineer/Architect/Landscape Architect/Scientist; Sr.
Field Su ervisor ~
~ 64.50
GIS S ecialist; Senior Desi ner 63.50
Graduate En ineer/Architect/Scientist; Field Su ervisor 57.50
Senior Drafter/Ins ector 52.00
Ins ector; Drafter; Senior Technician 48.50
Technician 34.50
Word Processor 34.00
Total Station E ui ment 20.00
GIS Workstation E ui ment 20.00
GPS E ui ment 50.00 / half da
Attendance at C Council Meetin s 50.00 ! meetin
These rates are multiplied by a factor of 1.3 for review of private developers'
plans and for inspection of construction projects designed by others, to
cover professional liability insurance costs and legal expenses:
These rates are adjusted annually at the first of the year, in accordance
with the normal review procedures of Bonestroo, Rosene, Anderlik and
Associates, Inc.
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