HomeMy WebLinkAbout2.c. Consider proposal to renew WSB Engineering AgreementAGENDA ITEM: Consider proposal to renew WSB
Engineering Agreement
15grA71-01°1:
PREPARED BY: Dwight Johnson, City Administrator
AGENDA NO. 2 -C
ATTACHMENTS: Current contract; Draft Proposal
APPROVED BY:
0.6l
RECOMMENDED ACTION: Consider the draft proposal for continued engineering
services from WSB, Inc. for 2010 through 2012.
4 ROSEMOUNT
CITY COUNCIL
City Council Workshop Meeting May 13, 2009
EXECUTIVE SUMMARY
RECOMMENDATION: Pending any new information and discussion with the Council, staff plans to
recommend renewing the contract with WSB Engineering under the terms proposed with a six month
termination clause provided that there is an exception for termination of the contract for cause.
ISSUE: The current three year contract with WSB Associates, Inc. for engineering services expires on
December 31, 2009. The Council should consider either renewing the contract or choosing an alternative
method for delivery of engineering service.
BACKGROUND: The City has contracted with WSB since 2002. We are currently in the last year of a
three year contract. An essential aspect of the current agreement is that WSB provides a full-time engineer
on site at City Hall for the current sum of $30,000 annually with the consideration that WSB expects that it
will provide engineering services for City projects. The current three year contract, approved in 2006,
provided for an initial fee of $15,000 per year in 2007, $30,000 in 2008, and $45,000 in 2009. However,
the contract provided that the 2009 fee would be held to $30,000 if state mandated levy limits were
implemented. Since levy limits were imposed by the State for 2009, the current fee is still $30,000. Also,
while WSB bills the City at normal rates for reimbursable development reviews, Andy's time is billed at a
reduced rate for non reimbursable projects. Another WSB engineer, currently Morgan Dawley, is also
located in City Hall and primarily does project management and development review.
The proposed contract would keep the fee at $30,000 for 2010, and increase it to $35,000 in 2011 and
$40,000 in 2012. WSB also proposes to have at least a six month notice of termination of the contract and
preferably one year. The current contract has a 30 day termination notice.
Since the original contract in 2002, Andy's role has expanded in the organization so that in some respects,
he acts as a department director for both engineering and public works maintenance. This is seen
quantitatively in WSB's statement that Andy currently bills out only 25% of his time on various projects
and that the amount billed originally was 64 For example, Andy has helped public works maintenance
develop work and cost accounting standards and acquire software to assist with this. Staff is giving
consideration to designating Andy as Public Works Director /City Engineer if the contract is extended by
the City Council. No change in the contract would be required by this designation; it would be largely
formalizing the current situation.
DISCUSSION: The City has several alternatives that could be considered:
1. Approve a new contract with WSB and include any desired modifications. This option
generally continues the status quo.
PROS: We get an experienced, proven engineer for $30,000 $40,000 per year who
operates as an in -house engineer. We do not lose his institutional knowledge.
CONS: We might get a better proposal from another firm
STAFF COMMENT: While it is common for consulting engineers to be designated as the
City Engineer for a city, the current condition whereby we get a full -time City Engineer in
house for $30,000 annually ($12,000 from General Fund) is a unique arrangement not
duplicated by any other firm to our knowledge. This arrangement saves money in the
General Fund, where savings are most needed to meet the Council's budget and levy goals.
Fees related to projects would occur regardless of who we hire as out engineering
consultant.
2. Go out for proposals from other engineering companies for the same or similar services.
PROS: We would see if we can get a better proposal.
CONS: It would be time consuming to develop an RFP, interview other firms, etc. We
would also lose continuity with a new firm.
STAFF COMMENT: We might get a better overall proposal, but we rather doubt it.
3. Decide to budget for an in -house Public Works Director /City Engineer
PROS: We would have an Engineer completely accountable to the City.
CONS: This option could add more than $100,000 to our General Fund operating budget
in a year where money is unusually limited. Also, there is no certainty that we could attract
a well qualified candidate to Rosemount.
STAFF COMMENT: This might be a good option at some future date, but it would be
hard to find an extra $100,000 to $125,000 in the General Fund to implement this option.
SUMMARY: Staff believes that option 1 is the best alternative. Option 2 would require substantial
time commitments from both the staff and the council to create an RFP, screen the responses,
interview firms, check references, etc. This is time we should be spending on the budget and CIP this
summer. And if we change firms, there would be a significant break in time for a new firm to get up
to speed with our engineering policies and projects such as UMore. Option 3 would add too much
cost to our General Fund at this time, and would make meeting the Council's budget and levy goals
significantly more difficult. Finally, it is hard to measure the real value that Andy adds to the
organization in helping the City with non engineering questions and problems at no extra cost.
2
Dg9FT
WSB
Infrastructure Engineering Planning Construction 701 Xenia Avenue South
Associates, Inc: Suite #300
Minneapolis, MN 55416
Tel: 763 541 -4800
Fax: 763 541 -1700
April 14, 2009
Mr. Dwight Johnson
City Administrator
City of Rosemount
2875 -145th Street West
Rosemount, MN 55068 -4997
Re: Contract for City Engineering Services
WSB Project #1005 -00
Dear Mr. Johnson:
Thank you for meeting with me last week to discuss WSB's upcoming contract for providing city engineer services to
the City of Rosemount. We are very proud of the relationship we have formed with the city, its residents and
businesses while serving as your city engineer since 2002.
While utilizing a consulting city engineer in this fashion is regularly done by other communities, the manner which our
agreement was originally structured is somewhat unique in the industry. WSB provides all design related services
and other engineering related activities to the city and in turn we provide experienced city staff in your office five days
a week for a cost substantially less than can be provided by an in house city engineer. Since we provide all of your
design services it is important that the rates for which we provide services to your community are extremely
competitive while providing strong expertise and outstanding customer service. Our firm was selected as the
American Council of Engineering Companies (ACEC) Minnesota firms of the year. We were selected for our
commitment to our clients, staff and industry. Our Mn /DOT audited overhead rate regularly ranks at or near the
lowest of firms providing service to Mn /DOT. This provides information related to the cost of doing business
according to federal accounting standards. Maintaining a low overhead rate is a good indicator of how we choose to
do business at WSB and the philosophy we carry through on our project work for our clients on a daily basis. The
work that we perform outside of our city engineering function allows us to maintain this relationship with you, but is
also work that you would need to have completed by a consultant in any situation. Our relationship allows you to use
those projects to leverage a lower cost of city engineering services for your residents. That combined with the
strength of an entire multi discipline firm at your service provides for a very positive, productive and effective
engineering department.
The developers that we have designed public improvement projects for as city engineer have also realized a
significant benefit associated with not only the cost of the improvements but the quality and long term maintenance
aspects of the designs we have provided. The consistent approach to quality design has shown to provide lower
construction costs while minimizing long term maintenance.
Letter to City of Rosemount
Page 2 of 2
In these challenging economic times, more cities are looking for ways to contract for services to reduce overall costs
or to improve the services that are being provided. It is our opinion that the arrangement we have with the City of
Rosemount to serve as your city engineer has proven to be a very successful example of reducing costs to the city
while still providing top quality engineering services that compare with any city in the state of Minnesota. Some ways
we provide cost reductions have to do with providing miscellaneous services such as traffic, storm water, and water
resource functions on an as needed basis, thereby reducing the need for additional in -house staff to provide similar
services. Because we are able to provide services for multiple clients with the same person, it leads to efficiency.
We regularly share ideas from all of our clients to come up with the best solution for the city. We are always working
on your behalf.
It is important to note that since we started providing services to the City of Rosemount, our retainer has been
lowered from $65,000 to an average of $30,000 per year. During that time the amount of billable hours outside of the
retainer that Andy Brotzler has been able to bill has reduced from 64% of his time to less than 25 Much of this is
due to Andy's increased assistance with public works and related to the development and implementation of new
programs such as asset management, GIS and public works quality standards. We have not billed any time to the
development of city planning documents as was originally intended, nor have we currently been billing any time to the
UMore project that would typically be billed for Andy's time.
A further testament to our commitment to you is that we held our billing rates for 2009 at the 2008 level in support of
the city's budget. When the contract was renewed in 2006 our contract called for fees of $15,000, $30,000 and
$45,000 unless levy limits were in place which would lower our final year fee to $30,000, which is where we are at
this year. In the current and past contracts, we have not requested any modifications to the contract,. even though
the terms and requirements of our role have changed over time. We have always felt that our arrangement has been
fair to both parties.
We are very interested and excited for the opportunity to continue to serve this role, but feel that we need to adjust
the contract slightly to address the additional administrative workload. We would like to propose a new three year
contract starting at $30,000 per year, increasing to $35,000 in 2011 and $40,000 in 2012 to help us account for salary
increases and additional responsibilities. We would also like to modify the termination clause to provide us a
minimum of six months notice and preferably one year to allow for the planning of staff changes in the event the
contract is terminated.
We would like to sincerely thank you, your staff, the city council and all the residents of Rosemount for embracing
WSB in this role and realizing that we can work together to create a great partnership. Please call me at any time at
763 287 -7190 to discuss the contents of this letter in greater detail. Thank you for your consideration.
Sincerely,
Bret A. Weiss, PE
President
BAW /ad
cc: Andy Brotzler
WSB
Associates, Inc.
November 16, 2006
Infrastructure 1 Engineering 1 Planning 1 Construction
Mr. Jamie Verbrugge
City Administrator
City' of Rosemount
2875 145th Street West
Rosemount, MN 55068 -4997
Re: Contract for City Engineering Services
WSB Project #1005 -00
Minneapolis 1 St Cloud
Equal Opportunity Employer
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Dear Mr. Verbrugge:
WSB Associates, Inc. is pleased to provide this letter regarding renewing our contract to provide city
engineering services to the City of Rosemount. We have very much appreciated the partnership that has been
created between our two organizations and believe that this public private partnership has been beneficial to
both of our organizations.
As per our discussion, we will propose to renew our contract in the same manner as we did previously, which
consists of a three year contract with annual retainers of $15,000, $30,000 and $45,000 for 2007, 2008 and
2009. Our staff will remain as currently assigned, however, it is likely that Andy Brotzler will continue to
expand his role to assist the city with public works issues as necessary in that area.
For your information, WSB Associates, Inc. continues to maintain cost effective services in this era of rising
expenses. I have attached a copy of the Mn/DOT audited overhead rates for companies doing business with
Mn/DOT. While Mn/DOT would not disclose any of the names of the firms with the audited overhead rates,
I'd like to point out that WSB's rate is currently 121.74 but on Mn/DOT's attached list we are at 117.71. This
is the cost per dollar of salary for all other expenses it takes to operate each company. Therefore, for each
dollar of salary, we have $1.21 in expenses or overhead. These audited overhead rates are from very small
companies to very large companies, all doing business with Mn/DOT. I hope this information provides you
some background as to our efforts to keep costs in line and our fees low. It should be noted that many of these
firms mark up'subconsultants services, charge mileage to their clients and have other miscellaneous charges
that WSB continues to avoid. All of those items are included in our overhead at this time which, if we would
charge for those, it would lower our overhead even further in comparison to our competitors.
I have included the signature block below to acknowledge the modifications made to the contract. Please sign
both copies, keep one for your files and return the other copy to me.
We would like to sincerely thank you, your staff, the city council and all of the residents of Rosemount for
embracing WSB in this role and realizing that we can work together to create a great partnership. Please call
me anytime at 763 287 -7190 if I can be of any assistance.
Rosemount Contact Letter
Page 2 of 2
Sincerely,
frd-AtiL
Bret A. Weiss, PE
President
cc: Andy Brotzler
ACCEPTED BY:
City of Rosemo
Name: /_0 4l it:
Title: Ma\ibr
Date: bwrnxr 1 w
Section 1. Scope of Work. Engineer will provide services as described on Exhibit 1,
attached hereto and hereby made a part hereof (hereinafter generally referred to as the "Project
on a fixed retainer of $1,250 per month for 2007, $2,500 per month for 2008, and $3,750 per
month for 2008 (unless legislative levy limits are in place in which case it would be $2,500 per
month) payable in the month following the month in which services are rendered. These services
generally include administrative and staff duties as acting city engineer for the City. Work on
the Project will generally be performed by Andy Brotzler or another mutually agreeable
employee of the Engineer (the "Acting City Engineer In addition, the Engineer will provide a
staff engineer for duties as assigned by the Acting City Engineer on an as needed basis. The cost
of the work for development related projects is to be passed through to a developer or other
private party at a billing rate which shall be as specified on Exhibit 2. Work requested by the
City and performed by other employees of Engineer that does not fall within the scope of
services described on Exhibit 1 will be compensated on a hourly basis on the fee schedule
attached hereto as Exhibit 2, or will be made the subject of a separate contract for services.
CADocamenâ–şr and SedngtlodehtMoca /SerNngffenporaryInterne Rief1O1XMSASection 1- Scope 100606.doe
Company Name
All companies with Companies we audit 9/15/2005
2002 and newer rates
Current Mn/DOT Current Mn/DOT Year
Overhead Rate Overhead Rate
84.25 Proposed for CY 2003
112.24 112.24 CY 2004
117.71 117.71 Draft audited rate for CY 2004
121.40 Mn/DOT rate for CY 2004
122.67 122.67 Proposed for CY 2002
125.53 FYE 10 -31 -04 provisional rate
127.54 Mn/DOT rate for FYE 9 -30-02
127.94 FYE 9 -30 -03
130.25 Proposed rate for CY 2004
132.88 Mn/DOT rate for FYE 4 -30 -03
134.01 Mn/DOT rate for CY 2003
135.66 135.66 Proposed rate for CY 2004
135.72 Mn/DOT rate for CY 2004
136.15 Proposed for CY 2003
136.44 Mn/DOT rate for FYE 6 -30 -04
137.62 137.62 CY 2004
139.58 139.58 FYE 9 -30-04
141.70 CY 2003
145.25 CY 2003
148.14 146.14 Proposed rate for FYE 4 -30-04
146.17 146.17 CY 2003
148.00 FYE 3/31/04 provisional rate
148.50 Mn/DOT rate for FYE 2 -28 -03
148.79 CY 2004
149.30 Mn/DOT rate for CY 2003
151.15 Mn/DOT rate for FYE 05 -01 -04
152.54 Mn/DOT rate for CY 2003
154.00 154.00 CY 2004
155.31 Mn/DOT rate for FYE 9 -17-04
155.76 155.76 Proposed rate for FYE 11 -30-04
156.57 Proposed for FYE 10 -29 -04
158.43 Proposed rate for CY 2004
158.89 158.89 Proposed for FYE 6 -30-04
159.55 CY 2003
160.3 Proposed rate for CY 2002
160.76 Proposed for FYE 4-2 -05
161.11 161.11 CY 2003
162.59 162.59 CY 2003
163.75 Mn/DOT rate for FYE 3 -31 -04
164.34 Mn/DOT rate for FYE 11 -30 -03
164.38 Proposed rate for CY 2004
164.90 Mn/DOT rate for CY 2002
165.28 165.28 Proposed rate for CY 2003
166.99 CY 2003
167.04 Proposed rate for CY 2004
167.06 Mn/DOT rate for FYE 3 -31 -04
169.20 Mn/DOT rate for CY 2004
169.56 169.56 Proposed rate for CY 2004
171.29 CY 2003
171.97 Proposed for CY 2003
172.59 CY 2002
173.03 Mn/DOT rate for CY 2004
173.18 Mn/DOT rate for FYE 10 -31 -04
175.22 175.22 Proposed rate for CY 2004
179.59 179.59 CY 2003
180.19 Mn/DOT rate for FYE 9 -30-03
186.75 186.75 Proposed for CY 2003
189.63 Proposed for CY 2002
195.08 Proposed rate for CY 2004
199.70 Proposed rate for CY 2003
9,124.87 2,726.54
Avg 153.49 Avg 151.47%
Witnesseth:
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made as of the 1st day of January, 2002 by and between the City of
Rosemount, Minnesota, a Minnesota municipal corporation (hereinafter referred to as "City") and
WSB Associates, Inc., a Minnesota corporation (hereinafter referred to as "Engineer") with
offices located at 4150 Olson Memorial Highway, Suite 300, Minneapolis, Minnesota 55422.
That the City and Engineer, for the consideration herein named, agree as follows:
Section 1. Scope of Work. Engineer will provide services as described on Exhibit 1,
attached hereto and hereby made a part hereof (hereinafter generally referred to as the "Project on
a fixed retainer of $5,416.67 per month payable in the month following the month in which services
are rendered. These services generally include administrative and staff duties as acting city
engineer for the City. Work on the Project will generally be performed by Andy Brotzler or another
mutually agreeable employee of Engineer (the "Acting City Engineer"). Whenever the Acting City
Engineer is performing services not included in the Project, his rate shall be $60.00 per hour unless
the cost of the work is to be passed through to a developer or other private party, in which case his
rate shall be as specified on Exhibit 2. Work requested by the City and performed by other
employees of Engineer that does not fall within the scope of services described on Exhibit 1 will be
compensated on a hourly basis on the fee schedule attached hereto as Exhibit 2, or will be made the
subject of a separate contract for services.
Section 2. Changed Conditions. If the Engineer determines that any services it has been
directed or requested to perform are beyond the scope of services as set forth in Exhibit 1, Engineer
shall promptly notify the City of that fact. Additional work and additional compensation for such
work must have the prior approval of City.
Section 3. 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, fmished or unfinished, prepared
by the Engineer pursuant to this Agreement and pertaining to the Project (hereinafter "Instruments
of Service shall be made available to the City subject to Section 4. All provisions of this
Agreement allocating responsibility or liability between the City and Engineer shall survive the
completion of the services hereunder and/or the termination of this Agreement.
Section 4. Reuse and Disposition of Instruments of Service. During the course of the work,
the Engineer shall, if requested, make available to the City copies of the Instruments of Service. At
the time of completion or termination of the work, the Engineer may make available to the City
copies of Instruments of Service upon (i) payment of amounts due and owing for work performed
and expense incurred to the date and time of termination, and (ii) fulfillment of the City's obligation
under this Agreement. Any use or re -use of such Instruments of Service by the City or others
CLL-206477v1
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without written verification or adaptation by the Engineer except for the specific purpose intended
will be at the City's risk and full legal responsibility.
Section 5. Agreement. The Agreement constitutes the entire understanding between the
Engineer and City. The Agreement supersedes all prior written or oral understanding and may only
be amended, supplemented, modified or canceled by a duly executed written instrument.
Section 6. Responsibilities. In order to permit the Engineer to perform the services required
under this Agreement, the City shall, in proper time and sequence and where appropriate to the
Project, at no expense to the Engineer:
CLL-206477v1
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1. Provide available information as to its requirements for the Project.
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 (such as review of insurance certificates, bonding clarifications and
legal questions regarding property acquisition or assessment).
4. Notify the Engineer whenever the City observes or otherwise becomes aware
of any defect in the Project.
5. Designate a person to act as City's representative with respect to the services
to be rendered under this Agreement. The City's representative shall have the authority to
transmit and receive instruction and information and to interpret and define the City's
policies with respect to services rendered by the Engineer.
6. Furnish data (and professional interpretations thereof) prepared by or
services performed by others, including where applicable, but not limited to, previous
reports, core borings, probings and sub surface explorations, hydrographic and hydro
geologic 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.
7. 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 City deems necessary for such examinations and render in writing
decisions pertaining thereto within reasonable times so as not to delay the performance by
the Engineer of the services to be rendered pursuant to this Agreement.
8. 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.
2
9. Provide record drawings and specifications for all existing physical plants of
facilities that are pertinent to the Project.
10. Where available provide other services, materials, or data.
11. Bear all costs incidental to compliance with the requirements of this Section.
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 this Agreement.
Engineer shall be entitled to rely on the accuracy and completeness of information or services
furnished by the City or others employed by the City. Engineer shall endeavor to verify the
information provided and shall promptly notify the City if the Engineer discovers that any
information or services furnished by the City is in error or is inadequate for its purpose.
Section 7. Options of Cost. Opinion, if any, of probable cost, construction cost, financial
evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian
considerations of operations and maintenance costs 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.
Section 8. Hold Harmless and Insurance. Engineer has procured insurance in the types and
amounts set forth in Exhibit 3.
The Contractor agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
attorney's fees, resulting directly or indirectly from an act of omission of the contractor, its
employees, agents or employees of subcontractors, in the performance of this contract of by reason
of the failure of the contractor to fully perform, in any respect, all of its obligations under this
contract.
The City acknowledges that professional liability (errors and omissions) insurance is
unavailable to cover claims arising out of the performance or failure to perform professional
services, including, but not limited to, the preparation of reports, designs, drawings and
specifications related to the investigation, detection, abatement, replacement, modification, removal
or disposal of:
CLL-206477v1
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1. Hazardous or toxic materials; or
2. Materials or processes containing asbestos.
3
As used herein, hazardous or toxic materials shall include but not be limited to any solid, liquid,
gaseous or thermal irritant, contaminant, or hazardous waste as defined by Federal and State Law
and cases construing such definition. Waste includes materials to be recycled, reconditioned or
reclaimed. It is acknowledged by both parties that Engineer's scope of services does not include
any services related to asbestos or hazardous or toxic materials. In the event the Engineer or any
other party encounters asbestos or hazardous or toxic materials at the job site, or should it become
known in any way that such materials may be present at the job site or any adjacent areas that may
affect the performance of the Engineer's services, the Engineer may, at its option and without
liability for consequential or any other damages, suspend performance of services on the project
until the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or
remove the asbestos or hazardous or toxic materials, and warrant the job site is in full compliance
with applicable laws and regulations.
Section 9. Assignment. This Agreement, intended to secure the service of individuals
employed by and through the Engineer, shall not be assigned or transferred without written consent
of the City.
Section 10. Controlling Law. This Agreement is to be governed by the laws of the State of
Minnesota.
Section 11. Non Discrimination. Engineer will comply with the provisions of applicable
Federal, State and Local Statutes, Ordinances and Regulations pertaining to human rights and non-
discrimination.
Section 12. 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 City and
Engineer agree that all disputes between them arising out of or relating to this Agreement shall be
submitted to nonbinding mediation unless the parties mutually agree otherwise.
Section 13. Attorney's Fees. In the event of any litigation arising from or related to the
services provided under this Agreement, the prevailing party will be entitled to recovery of all
reasonable costs incurred, including staff time, court costs, attorneys' fees and other related
expenses.
Section 14. 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 not previously known to and generated
by the Engineer or furnished to the Engineer and marked CONFIDENTIAL by the City and to
comply with the provisions of the Minnesota Government Data Practices Act, Minn Stat. Ch. 15.
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 defend itself
from any suit or claim.
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General City Engineering Including:
2. Evaluates public works needs and formulates short and long range plans to meet needs in
all areas of responsibility, including streets, water, sewer, drainage, light, park
maintenance, building maintenance, vehicle and equipment for the City.
3. Meets with developer and members of the public on proposed development projects in
order to relate the processes and procedures involved with engineering and infrastructure
development;
4. Determines the need for preliminary studies; reviews all preliminary studies for compliance
with ordinances, comprehensive plans, engineering standards and financial guidelines.
5. Directs engineering activities on projects and assigns consulting engineers; oversees project
management for the construction of the municipal public works projects.
6. Reviews plans and specifications, makes presentations to the City Council and members of
the public on improvement projects, monitors the construction process for compliance with
codes, regulations, standards and with approved plans; assures financial accountability of
private projects as they relate to escrows and letters of credit. Regularly attends City
meetings including City Council and Planning Commission meetings, and on an as- needed
basis, Committee of the Whole meetings.
7. Directs the assessment process for recovery of municipal costs incurred on improvement
projects.
8. Develops systems to monitor sewer and water usage; compiles data designed to annually
update the sewer and water rate study; directs the preparation of reports for the Metropolitan
Waste Control Commission.
9. Ensures that costs and fees are charged back to development projects; works with the
Finance Department to monitor charges and revenues associated with development projects.
10. Attends meetings and acts as staff liaison to the Utilities Commission including preparing
reports and agendas, conducting research, answering questions, providing advice and
suggestions.
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EXHIBIT 1
RETAINER SERVICES
THE PROJECT
1. Acts in a department head capacity for the Engineering division of the Public Works
Department including planning, coordinating, supervising and evaluating programs,
plans, services, staffing, equipment and infrastructure.
1 -1
Section 15. Location of Underground Improvements. The Engineer will conduct the
research that in its 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 will be performed in a manner consistent with the
ordinary standard of care. The City 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.
Section 16. Betterment. If, due to the Engineer's error, any required item or component of
the project is omitted from the Engineer's construction documents, the Engineer shall not be
responsible for paying the cost to add such item or component to the extent that such item or
component would have been otherwise necessary to the project or otherwise adds value or
betterment to the project. The Engineer shall be responsible for the difference between the
construction cost arrived at through the bid process and the construction cost actually negotiated, if
there is a difference. This amount will be negotiated between the City and Engineer.
Section 17. Independent Contractor. In the performance of all services under this
Agreement, Engineer shall be an independent contractor and not an employee of the City and
neither the Acting City Engineer or any other officer, employee or agent of Engineer shall be an
employee of the City for any purpose whatsoever.
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WSB ASSOCIATES, INC.
By
CITY OF ROSEMOUNT
By
Its Clerk
//..01L4, LA ..i
Its Mayor/
11. Prepares annual departmental budgets and monitors expenditures.
12. Acts as city liaison and city representative with other communities and county, state and
federal agencies.
13. Provides advice and recommendations to the City Administrator and other city department
heads and staff; reviews proposals submitted by management staff and makes appropriate
comments and suggestions; and assists city staff with any engineering needs.
14. Works with consultants and other outside individuals/groups involved in studies affecting
city services and coordinates special projects and studies.
15. Develops and implements policies and procedures for effective operation of the department
consistent with city policies and relevant laws, rules and regulations and ensures council
actions are implemented.
16. Oversees the preparation and updating of the city's plans such as the Storm Water
Management Plan, Water Supply Distribution Plan, Wetland Management Plan, etc;
develops, updates and oversees the public works capital improvement plan; develops and
revises city policies for storm water, assessments and other areas as required.
17. Maintains the city's Municipal State Aid Road System.
18. Makes public presentations and deals with the public on an individual basis.
19. Supervises staff either directly or through subordinate supervisors and oversees operations to
assure the desired level and quality of service is being provided. Supervision of staff
includes: assignments, direction, discipline, suspension, reward, adjust grievances, transfer
of employees and recommends the hiring, discharge or promotion of employees in the
Engineering Division of the Public Works Department.
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EXHIBIT 3
INSURANCE
This contract shall be effective only upon the approval by the City of acceptable evidence of the
insurance detailed below. Such insurance secured by the Contractor shall be issued by insurance
companies acceptable to the City and admitted in Minnesota. The insurance specified may be in
a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date
of execution of the contract and shall remain continuously in force for the duration of the
contract.
The Contractor and its contractors shall secure and maintain the following insurance:
a. Worker's Compensation insurance that meets the statutory obligations with Coverage B
Employer's Liability limits of at least $100,000 each accident, $500,000 disease policy limit
and $100,000 disease each employee.
b. Commercial General Liability insurance with limits of at least $1,000,000 general aggregate,
$1,000,000 products completed operations $1,000,000 personal and advertising injury,
$1,000,000 each occurrence $50,000 fire damage, and $5,000 medical expense any one
person. The policy shall be on an "occurrence" basis, shall include contractual liability
coverage and the City shall be named an additional insured.
c. Commercial Automobile Liability insurance covering all owned, non -owned and hired
automobiles with limits of at least $1,000,000 per accident.
d. Professional Liability. Professional (or "errors Omissions Liability Insurance in the
amount of at least $1,000,000 Each Occurrence (or "wrongful Act" or equivalent) and, if
applicable, aggregate, covering contractor's liability for negligent acts, errors or omissions in
the performance of professional services in connection with the work. Contractor's
Professional Liability Insurance may afford coverage on an occurrence basis or on a claims
made basis. It is, however, acknowledged and agreed to by the contractor that claims -made
coverage changes in insurers or the liability insurance protection intended for the City.
Therefore, contractor agrees that it will not seek or voluntarily accept any such change in its
Professional Liability Insurance coverage if such impairment of the protection for the City
could result; and further, that it will exercise its rights under any "extended Reporting
Period" "tail coverage or similar claims -made policy option if necessary or appropriate to
avoiding impairment of such protection. Contractor further agrees that it will, throughout the
entire period of required coverage and for an additional period of two (2) years following
final acceptance of the work, immediately: (a) advise the City of any intended or pending
change in Professional Liability insurers or in policy forms, and provide the City with all
pertinent information that the City may responsibly request to determine compliance with
this subsection, and (b) advise the City of any claims or threats of claims that might
reasonably be expected to reduce the amount of such insurance remaining available for the
protection of the City.
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Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the
contractor. Any policy deductibles or retention shall be the responsibility of the contractor. The
contractor shall control any special or unusual hazards and be responsible for any damages that
result from those hazards. The City does not represent that the insurance requirements are
sufficient to protect the contractor's interest or provide adequate coverage.
Evidence of coverage is to be provided on a City provided Certificate of Insurance. A thirty (30)
day written notice is required if the policy is canceled, not renewed or materially changed.
The contractor shall require any of its subcontractors, if allowable under this contract, to comply
with these provisions. Acceptance of the insurance by the City shall not relieve, limit or
decrease the liability of the Contractor. Any policy deductibles or retention shall be the
responsibility of the Contractor. The Contractor shall control any special or unusual hazards and
be responsible for any damages that result from those hazards. The City does not represent that
the insurance requirements are sufficient to protect the Contractor's interest or provide adequate
coverage.
Evidence of coverage is to be provided on a City provided Certificate of Insurance. A thirty (30)
day written notice is required if the policy is canceled, not renewed or materially changed.
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