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.
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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
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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.