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HomeMy WebLinkAbout6.h. Authorization of Agreements with WSB for ProjectAssistant Engineer ServicesG:\ENGPROJ\WSB PAYMENTS\WSB Contracts\2015 to 2016\WSB Submittals\20151006 City Council\20151006 CC Authorize WSB Professional Services.docx EXECUTIVE SUMMARY City Council Meeting: October 6, 2015 AGENDA ITEM: Authorization of Agreements with WSB for Project/Assistant Engineer Services AGENDA SECTION: Consent PREPARED BY: Patrick Wrase, PE, Director of Public Works/City Engineer AGENDA NO. 6.h. ATTACHMENTS: Proposal and Professional Services Agreement from WSB and Associates, Inc. APPROVED BY: ddj RECOMMENDED ACTION: Motion to Authorize the Execution of the WSB and Associates, Inc. Proposal and Professional Services Agreement for Project/Assistant Engineer Services ISSUE Consider authorizing the execution of a proposal for continued Project/Assistant City Engineer services and a standard Professional Services Agreement with WSB and Associates, Inc. (WSB). BACKGROUND WSB & Associates, Inc. has provided a variety of engineering support to the city of Rosemount for a period of several decades. The services provided by WSB have allowed the city of Rosemount to prepare for continued development in a well-organized manner, maximizing efficiency of roadway and utility systems. Among the services provided by WSB was the staffing of both the Director of Public Works/City Engineer and the Assistant/Project Engineer positions at the Rosemount city hall. While the consultant position for the Director of Public Works/City Engineer has been replaced with a full time position, the Assistant/Project Engineer has remained in place. This position provides vital engineering support related to developer inquiry coordination, developer project public right of way street and utility project design, bidding and construction management, site development site plan review, administration of the city pavement management system, administration of Rosemount’s Municipal State Aid System and many additional engineering support functions. The continuation of this position in some form will be necessary in order to provide timely and knowledgeable support to the Public Work Director/City Engineer for these important city functions. With the recent resignation of the current consultant Assistant/Project Engineer, it is necessary to review the current contract and make necessary adjustments. The revised contract provides for a new consultant Assistant/Project Engineer out to July 1, 2016. This time period will enable the engineering department to meet existing workplace demands and to analyze our internal operations to determine whether to continue with this position on a consultant basis or whether a permanent staff person should be considered to serve in this role. SUMMARY Staff is requesting City Council authorization execution of a proposal for continued Project/Assistant City Engineer services and a standard Professional Services Agreement with WSB and Associates, Inc. (WSB). engineering planning environmental construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Equal Opportunity Employer wsbeng.com F:\WPWIN\CLIENT\Rosemount\September 2015\20150925 City of Rosemount Proposal for Engineer Services.docx September 25, 2015 Mr. Patrick Wrase, PE Director of Public Works/City Engineer City of Rosemount 2875 145th Street West Rosemount, MN 55068 Re: Professional Services Agreement and Proposal to Provide Professional Services for Project/Assistant City Engineer Services Dear Mr. Wrase: We are pleased to provide the attached Professional Services Agreement and this scope of services for WSB & Associates, Inc. to provide Project/Assistant City Engineer services for the City of Rosemount. Based on our recent discussions, we are proposing that Mitch Hatcher will serve as the Project/Assistant City Engineer for the City of Rosemount. As you know, Mitch has spent the majority of his career with WSB working on projects and activities in the City of Rosemount. His familiarity with current and future projects and activities, along with my support, will allow for a positive transition from Phil Olson to Mitch Hatcher. Following is a proposed scope of services and activities: A.1 GENERAL SCOPE OF SERVICES AS PROJECT/ASSISTANT CITY ENGINEER The City intends to retain WSB & Associates, Inc. (Engineer) as the Project/Assistant City Engineer and to provide general engineering and other related professional services. Typical general services (not all-inclusive) are listed below. A.1.1 Office Hours. The Engineer will generally maintain office hours at City Hall 5 days per week, Monday through Friday. The Engineer and Director of Public Works/City Engineer will evaluate the office hours required to provide service as needed and make adjustments agreeable to both parties. A.1.2 Meeting Attendance. The Engineer or other WSB staff members as approved will attend the following meetings as requested: 1. City Council Meetings. 2. Planning Commission Meetings. 3. Utility Commission Meetings. 4. Municipal State Aid Pre-Screening Board Meetings. 5. CONDAC Meetings. Mr. Patrick Wrase, PE September 25, 2015 Page 2 F:\WPWIN\CLIENT\Rosemount\September 2015\20150925 City of Rosemount Proposal for Engineer Services.docx A.1.3 Pre-project Inquiries. The Engineer will be available as needed for meetings with potential developers to discuss platting and project requirements. A.1.4 Municipal State Aid System Administration. The Engineer will perform all responsibilities related to maintaining the City’s Municipal State Aid Street System. Duties include but are not limited to performing annual mileage certification, mapping updates, and completing all current MnDOT administrative requirements, and coordinating traffic counts. A.1.5 Building and Site Plan Reviews. The Engineer will administer and coordinate the plan review process for non-development projects. These projects would include projects that are administered by a site plan approval and/or building permit issuance that do not include a plat and subdivision agreement. A.1.6 Pavement Management Program Administration. The Engineer will administer and implement the City’s pavement management system. Responsibilities include but are not limited to the coordination of annual inspection and rating of municipal streets (1/3 of mileage annually) by City personnel, updating of management software data, and developing five-year street improvement projections. A.1.7 General Engineering Support. The Engineer will provide general engineering support as requested by the Director of Public Works/City Engineer and other departments. B.1 FEE FOR ENGINEER SERVICES B.1.1 For activities associated with general Project/Assistant City Engineer duties as identified in A.1.2 to A.1.7, the Engineer will be compensated at a 2015 hourly rate of $60.00/hour. This rate will be reviewed and adjusted annually. For all other project activities of the Project/Assistant City Engineer, the Engineer shall be compensated based on our current fee schedule. For 2015, the hourly rate is $89.00/hour. B.1.2 Transitional Activities For transitional activities performed by Andy Brotzler to assist with providing institutional knowledge and information on historical decisions, the Engineer will be compensated on an hourly basis at a rate of $90.00/hour. For all other activities and project work performed by Andy Brotzler, the Engineer shall be compensated based on our current fee schedule. For 2015, the hourly rate is $153.00/hour. C.1 TERM OF CONTRACT FOR ENGINEERING SERVICES The term of services under this contract shall terminate on July 1, 2016, unless extended by an amendment to this agreement. Mr. Patrick Wrase, PE September 25, 2015 Page 3 F:\WPWIN\CLIENT\Rosemount\September 2015\20150925 City of Rosemount Proposal for Engineer Services.docx We appreciate the opportunity to share this proposal with you, and look forward to continuing to work with you and the City of Rosemount. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to us. Should you have any questions about this proposal, please contact me at 763-287-7191 or abrotzler@wsbeng.com. Sincerely, WSB & Associates, Inc. Andy Brotzler, PE Principal/Senior Project Manager Attachments srb ACCEPTED BY: CITY OF ROSEMOUNT I hereby authorize WSB & Associates, Inc. to complete the services identified above for the hourly rates identified. Name Signature Date WSB & ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the day of , 2015, by and between the City of Rosemount, 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. SECTION 6 / EXHIBITS The following initialed Exhibits are attached to and made a part of this Agreement (check all that apply): X Exhibit A General Contract Provisions X Exhibit B Client Responsibilities X Exhibit C Scope of Work X Exhibit D Compensation X Exhibit E Insurance Schedule X Exhibit F Fee Schedule Exhibit G 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. CLIENT: CITY OF ROSEMOUNT ADDRESS: 2875 145TH STREET WEST ROSEMOUNT, MN 55068 BY: SIGNATURE: TITLE: BY: SIGNATURE: TITLE: ENGINEER: WSB & ASSOCIATES, INC. ADDRESS: 701 XENIA AVENUE SOUTH SUITE 300 MINNEAPOLIS, MN 55416 BY: Bret A. Weiss, PE SIGNATURE: TITLE: President/CEO BY: Andrew J. Brotzler, PE SIGNATURE: TITLE: Principal Professional Services Agreement Page 1 of 1 F:\WPWIN\CLIENT\Rosemount\September 2015\PSA.doc 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. 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. Exhibit A – General Contract Provisions Page 1 of 4 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh A.doc 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. 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. Exhibit A – General Contract Provisions Page 2 of 4 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh A.doc 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. ARTICLE 15 – CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Engineer agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 16 – CONFIDENTIALITY The Engineer agrees to keep confidential and not to disclose to any person or entity, other than the Engineer’s employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Engineer and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Engineer from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Engineer to complete services under the Agreement or defend itself from any suit or claim. Exhibit A – General Contract Provisions Page 3 of 4 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh A.doc ARTICLE 17 – DATA PRACTICES COMPLIANCE Engineer will have access to data collected or maintained by the Client to the extent necessary to perform Engineer’s obligation under this contract. Engineer acknowledges that, pursuant to Minn. Stat. § 13.05, subdivision 11, all of the data created, collected, received, stored, used, maintained or disseminated by Contract in performing the contract are subject to the requirements of the Minnesota Government Data Practices Act (the Act), Minnesota Statutes chapter 13. Engineer is required to comply with the requirements of the Act as if it were a government entity. Engineer acknowledges that the remedies provided in Minn. Stat. § 13.08 apply to Engineer with respect to such data. Engineer will notify the Client of all requests for data that Engineer receives. Engineer agrees to defend and indemnify the Client from any claim, liability, or damage that result from Engineer’s violation of the Act or this section of the contract. Upon termination of this contract, Engineer agrees to return data to the Client as requested by the Client. The obligations of this section of the contract, including the obligation to defend and indemnify the Client, shall survive the termination of this Contract and shall continue so long as the data exists. Exhibit A – General Contract Provisions Page 4 of 4 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh A.doc 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 B – Client Responsibilities Page 1 of 2 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh B.doc 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 B – Client Responsibilities Page 2 of 2 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh B.doc WSB & ASSOCIATES, INC. EXHIBIT C 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 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.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, 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.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 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.1.7 Providing services for preparation of preliminary and final assessment rolls. C.1.8 Furnish copies of the feasibility report documents and review the feasibility report with City staff. C.1.9 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. Exhibit C – Scope of Work Page 1 of 5 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh C -General Svcs Scope v2.doc WSB & ASSOCIATES, INC. EXHIBIT C SCOPE OF WORK 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 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.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 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.2.3 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.2.4 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. 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 the City, along with completing a plans-in-hand site inspection. Make minor revisions and adjustments as required following review by the City. Exhibit C – Scope of Work Page 2 of 5 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh C -General Svcs Scope v2.doc WSB & ASSOCIATES, INC. EXHIBIT C SCOPE OF WORK 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 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. C.3.4 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.3.5 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.3.6 Attend bid opening and prepare bid tabulation sheets. C.4 CONSTRUCTION PHASE Subject to further clarification and refinement on a project-by-project basis, the Engineer shall: C.4.1 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.4.2 Conduct pre-construction conference to be attended by the Contractor, City, and others as may be requested by the City. Exhibit C – Scope of Work Page 3 of 5 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh C -General Svcs Scope v2.doc WSB & ASSOCIATES, INC. EXHIBIT C SCOPE OF WORK 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 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.4.4 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. C.4.5 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.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 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. Exhibit C – Scope of Work Page 4 of 5 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh C -General Svcs Scope v2.doc WSB & ASSOCIATES, INC. EXHIBIT C SCOPE OF WORK 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 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.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. The Engineer shall be obligated, however, to disclose known dangerous circumstances to the City. 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 ADDITIONAL SERVICES AS THE ENGINEER If authorized in writing by the City, the Engineer shall furnish additional services of the following type: C.5.1 Providing services of professional subconsultants as required for a particular project. C.5.2 Providing the type of surveying or related engineering services necessary for preparation of permanent and/or temporary easements, boundary surveys, or plat documents. C.5.3 Review of developer’s plats and concept plans. Provide assistance to the developer in preparing a plat for improvement projects. C.5.4 Additional services in connection with the project not otherwise provided for in this Agreement. Exhibit C – Scope of Work Page 5 of 5 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh C -General Svcs Scope v2.doc WSB & ASSOCIATES, INC. EXHIBIT D COMPENSATION D.1 The following represents the compensation terms: D.1.1 Basic Services 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 2015, and will remain in effect for services rendered through December 31, 2015. 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. D.1.2 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 hourly. D.1.2.1 Payment for Construction Project Basic Services For Engineering Basic Services including final design, survey, and construction services, WSB will provide a scope discuss with the City the actual costs for each project prior to authorization. D.1.3 Development/Application Review Services related to development review applications will be billed on an hourly basis. D.1.4 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. Exhibit D - Compensation Page 1 of 2 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh D -General Svcs Fee v2.doc D.1.5 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. D.1.6 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. D.1.7 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 D - Compensation Page 2 of 2 F:\WPWIN\CLIENT\Rosemount\September 2015\Exh D -General Svcs Fee v2.doc 22001155 RRaattee SScchheedduullee 2 0 1 5 R A T E S C H E D U L E Engineering Planning Environmental Construction wsbeng.com Billing Rate/Hour Principal $153 Associate / Senior Project Manager $133$143$153 Project Manager $117$123$129 Project Engineer $99$107$117$123$129 Graduate Engineer $78$83$89$94 Sr Landscape Architect / Sr Planner / Sr GIS Specialist $106$114$122$130$138 Landscape Architect / Planner / GIS Specialist $65$72$79$86$96$102 Engineering Specialist / Senior Environmental Scientist $88$95$101$108$117$126 Engineering Technician / Environmental Scientist $51$58$65$72$77$83 Construction Observer $87$93$98$104$110 Coring Crew One-Person Crew $160 Two-Person Crew $235 Survey Crew One-Person Crew $130 Two-Person Crew $160 Three-Person Crew $180 Underwater Inspection Dive Team $460 Office Technician $41$63$73$83 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.