Admin Section 1
1 ADMINISTRATIVE SECTION
1
Thank you from Boy Scout Troop 429.
I Letter to Dave Mitchell, Orr - Schelen - Mayeron & Associates, Inc.
1 Letter to Jim Andrews dated February 17, 1993.
I Letter from Sally Evert, Chair, Transportation Advisory Board of the Metropolitan
Council dated February 12, 1993.
1 Letter from Daniel N. Heimowitz, Moody's Investors Service dated February 16,
1993.
1 Letter from Donald G. Poss, City Manager, City of Blaine dated February 26,
1993.
I Letter from Metropolitan the olitan Waste Control Commission dated February 26, 1993.
1 Letter to Paul Schroeder, Minnesota Public Radio dated March 1, 1993.
1 Letter from Timothy L. Menning, Market Square Partnership dated March 1, 1993.
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CITYOF 1
0 _,, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I
(612) 937 -1900 • FAX (612) 937 -5739
February 16, 1993
1
Mr. Dave Mitchell
Orr - Schelen - Mayeron & Associates, Inc.
300 Park Place Center
5775 Wayzata Boulevard
1 Minneapolis, MN 55416 -1228
Re: Agreement for Professional Engineering Services
File No. PW -009J
1
Dear Mr. Mitchell:
Over the past decade a number of consulting engineering firms have provided municipal engineering services to I
the City of Chanhassen. In reviewing the contract files it is apparent that a variety of services agreements were
implemented which were individually tailored to each firm. In the recent past, this has become a problem for
City staff in determining which work tasks are provided by a consultant as a basic service and those tasks that
I
are provided as an additional service. It is also likely that some firms may be compensated more or less than
another firm providing comparable services.
Therefore, it is the City's goal to standardize a professional engineering services agreement which would be I
implemented for all consultants providing general municipal engineering services for the City. I have enclosed
a draft copy of this agreement for your review and comment. I would request a response by no later than Friday,
I
March, 12, 1993 so that adoption and execution of these agreements can be made by the end of March.
If you should have any comments or questions, please feel free to contact me at 937 -1900.
Sincerely, I
CITY OF CHANHASSEN
1
Charles D. Folch, P.E. 1
City Engineer
CDF :ktm 1
Enc.
c: Dave Hempel, Assistant City Engineer I
Ed DeLaforest, OSM
Brett Weiss, OSM
City Council Administrative Section ( 93)
I
,s 3/8/93
t4, PRINTED ON RECYCLED PAPER
1
1
1
CITYOF
1 s
CHANHASSEN
690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
February 16, 1993
' Mr. Jon Horn
BRW, Inc.
Thresher Square
700 Third Street South
Minneapolis, MN 55415
1 Re: Agreement for Professional Engineering Services
File No. PW -009C
Dear Mr. Horn:
' Over the past decade a number of consulting engineering firms have provided municipal engineering services to
the City of Chanhassen. In reviewing the contract files it is apparent that a variety of services agreements were
' implemented which were individually tailored to each firm. In the recent past, this has become a problem for
City staff in determining which work tasks are provided by a consultant as a basic service and those tasks that
are provided as an additional service. It is also likely that some firms may be compensated more or less than
another firm providing comparable services.
Therefore, it is the City's goal to standardize a professional engineering services agreement which would be
implemented for all consultants providing general municipal engineering services for the City. I have enclosed
a draft copy of this agreement for your review and comment. I would request a response by no later than Friday,
March, 12, 1993 so that adoption and execution of these agreements can be made by the end of March.
' If you should have any comments or questions, please feel free to contact me at 937 -1900.
Sincerely,
1 CITY OF CHANHASSEN
1 Charles D. Folch, P.E.
City Engineer
1 CDF:ktm
Enc.
c : Dave Hempel, Assistant City Engineer
Gary Ehret, BRW
' City Council Administrative Section (2/22/93)
is
t4: PRINTED ON RECYCLED PAPER
1
C ITYOF
•,,_,.._
1
ii-
CHANHASSEN i 1
-z '~ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
February 16, 1993 1
Mr. Len Olson 1
Hansen, Thorp, Pelinen, Olson, Inc.
7565 Office Ridge Circle
I
Eden Prairie, MN 55344
Re: Agreement for Professional Engineering Services III File No. PW -009U
Dear Mr. Olson:
Over the past decade a number of consulting engineering firms have provided municipal engineering services to 111
the City of Chanhassen. In reviewing the contract files it is apparent that a variety of services agreements were
implemented which were individually tailored to each firm. In the recent past, this has become a problem for I
City staff in determining which work tasks are provided by a consultant as a basic service and those tasks that
are provided as an additional service. It is also likely that some firms may be compensated more or less than
another firm providing comparable services.
Therefore, it is the City's goal to standardize a professional engineering services agreement which would be
implemented for all consultants providing general municipal engineering services for the City. I have enclosed
a draft copy of this agreement for your review and comment. I would request a response by no later than Friday,
I
March, 12, 1993 so that adoption and execution of these agreements can be made by the end of March.
If you should have any comments or questions, please feel free to contact me at 937 -1900. 1
Sincerely,
CITY OF CHANHASSEN 1
Charles D. Folch, P.E. I
City Engineer
CDF:ktm 1
Enc. 1
c: Dave Hempel, Assistant City Engineer
City Council Administrative Section (2/22/93)
1
OW I t a� � PRINTED ON RECYCLED PAPER
CITYOF
cHANBAs.sEN
e t': 690 COULTER DRIVE • P.O BOX 147 • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
1 February 16, 1993
' Mr. Bill Engelhardt
Engelhardt & Associates
1107 Hazeltine Boulevard
Chaska, MN 55318
Re: Agreement for Professional Engineering Services
File No. PW -009F
1 Dear Mr. Engelhardt:
' Over the past decade a number of consulting engineering firms have provided municipal engineering services to
the City of Chanhassen. In reviewing the contract files it is apparent that a variety of services agreements were
implemented which were individually tailored to each firm. In the recent past, this has become a problem for
' City staff in determining which work tasks are provided by a consultant as a basic service and those tasks that
are provided as an additional service. It is also likely that some firms may be compensated more or less than
another firm providing comparable services.
' Therefore, it is the City's goal to standardize a professional engineering services agreement which would be
implemented for all consultants providing general municipal engineering services for the City. I have enclosed
a draft copy of this agreement for your review and comment. I would request a response by no later than Friday,
' March, 12, 1993 so that adoption and execution of these agreements can be made by the end of March.
If you should have any comments or questions, please feel free to contact me at 937 -1900.
1 Sincerely,
CITY OF CHANHASSEN
1 Charles D. Folch, P.E.
City Engineer
' CDF :ktm
Enc.
c: Dave Hempel, Assistant City Engineer
City Council Administrative Section (2/22/93)
1
n
1 �«r� PRINTED ON RECYCLED PAPER
1
1
AGREEMENT
FOR I PROFESSIONAL ENGINEERING SERVICES
AGREEMENT make between the CITY OF CHANHASSEN, a Minnesota 1
municipal corporation ( "Owner "), and
("Engineer"). 1
Owner and Engineer in consideration of their mutual covenants agree as set forth
below. 1
SECTION 1. BASIC SERVICES OF ENGINEER
1.1 GENERAL I
1.1.1 Engineer shall provide Owner professional engineering services in all phases of the 1
Project to which this Agreement applies as hereinafter provided. These services will include
serving as Owner's professional engineering representative for the Project, providing
engineering consultation and advice and furnishing customary civil, structural, mechanical
I
and electrical engineering service and customary architectural service incidental thereto.
Engineer is an independent contractor, responsible for means and methods used in I
performing Engineer's services pursuant to this Agreement.
1.2 STUDY AND REPORT PHASE
I
After written authorization to proceed, Engineer shall:
1.2.1 Consult with Owner to clarify and define Owner's requirement for the Project, review 1
available data and attend necessary conferences and be available for general consultation.
1.2.2 Advice Owner as to the necessity of Owner's providing or obtaining from others data I
or services of the types described in paragraph 3.3, and assist Owner in obtaining such data
and services. 1
1.2.3 Identify and analyze requirements of governmental authorities having jurisdiction to
approve the design of the Project and participate in consultations with such authorities. 1
1.2.4 Provide analyses of Owner's needs, planning surveys, site evaluations and comparative
studies of prospective sites and solutions. 1
1.2.5 Provide a general economic analysis of Owner's requirements applicable to various
alternatives. 1
1.2.6 The Engineer shall conduct and prepare all preliminary studies, layouts, sketches, 1
preliminary field work, preliminary cost estimates, estimates of assessment rates, and shall
assist the Owner in obtaining all required subsurface investigations as required for the
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111 preparation of the Feasibility reports. The Feasibility Reports shall conform to the format
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presented in Appendix "A" of this Agreement. The report shall contain schematic layouts,
1 sketches and conceptual design criteria with appropriate exhibits to indicate clearly the
considerations involved (including applicable requirements of governmental authorities
having jurisdiction as aforesaid) and the alternative solutions available to Owner and setting
I forth Engineer's findings and recommendations. This Report will be accompanied by
Engineer's opinion of probable costs for the Project, including the following which will be
I separately itemized: construction cost and indirect cost consisting of engineering costs and
contingencies, and (on the basis of information furnished by Owner) allowances for such
other items as charges of all other professionals and consultants, for the cost of land and
I rights -of -way, for compensation for or damages to properties, for interest and financing
charges and for other services to be provided by others for Owner pursuant to paragraphs
3.7 through 3.11, inclusive. The total of all construction and indirect costs are hereinafter
1 called "Total Project Costs ".
1.2.7 Furnish fifteen (15) copies of the Study and Report documents and review them in
1 person with Owner.
1.2.8 The Engineer shall present the Feasibility Reports to the proper reviewing agencies
1 and to the City Council. The Engineer shall appear at the public hearing to present the
information.
1 1.3 PRELIMINARY DESIGN PHASE
After written authorization to proceed with the Preliminary Design Phase, Engineer shall:
I 1.3.1 In consultation with Owner and on the basis of the accepted Study and Report
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documents, determine the general scope, extent and character of the Project; attend
1 necessary conferences and be available for general consultation.
1.3.2 Prepare Preliminary Design documents consisting of final design criteria, preliminary
1 drawings, outline specifications and written descriptions of the Project.
I 1.3.3 Advise Owner if additional data or services of the types described in Paragraph
3.4 are necessary and assist Owner in obtaining such data and services.
I 1.3.4 Based on the information contained in the preliminary design documents, submit a
revised opinion of probable Total Project Costs.
I 1.3.5 Furnish preliminary legal descriptions and exhibits for all permanent and temporary
easements anticipated to construct the Project.
I 1.3.6 Furnish three (3) copies of the above Preliminary Design documents and present and
review them in person with owner.
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1.4 FINAL DESIGN PHASE
After authorization to proceed with the Final Design Phase, Engineer shall: '
1.4.1 On the basis of the accepted Preliminary Design documents and the revised opinion '
of probable Total Project Costs prepare for incorporation in the Contract Documents final
drawings to show the scope, extent and character of the work to be furnished and performed
by Contractor(s) (hereinafter called "Drawings ") and Specifications. ,
1.4.2 Provide legal description and exhibit for all easements, technical criteria, written
descriptions and design data for use in filing applications for permits with or obtaining
approvals of such governmental authorities as have jurisdiction to approve the design of the
Project, and assist Owner in consultations with appropriate authorities. The Engineer shall
submit all applications and easement descriptions to the appropriate agencies and submit
copies to the Owner.
1.4.3 Advise Owner of any adjustments to the latest opinion of probable Total Project '
Costs caused by changes in general scope, extent or character or design requirements of the
Project or Construction Costs. Furnish to Owner a reviewed opinion of probable Total
Project Costs based on the Drawings and Specifications.
1.4.4 Prepare for review and approval by Owner, its legal counsel and other advisors
contract agreement forms, general conditions and supplementary conditions, and (where
appropriate) bid forms, invitations and bid and instructions to bidders, and assist in the
preparation of other related documents. '
1.4.5 Attend necessary conferences and be available for general consultation.
1.4.6 Furnish three (3) copies of the above documents and of the Drawings and
Specifications and present and review them in person with Owner.
1.4.7 The Engineer shall furnish one copy of all design calculations as requested by Owner.
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1.5 BIDDING OR NEGOTIATING PHASE 1
1.5.1 The engineer shall prepare and forward the Advertisement for Bids to the designated
publications, official newspaper and the Owner. The Engineer shall supply up to thirty (30)
sets of full size final Plans and Specifications for use in obtaining proposals and submitting
for general review. The Engineer shall maintain a record of prospective bidders to whom
Bidding Documents have been issued, attend pre -bid conferences and receive and process
deposits for Bidding Documents.
1.5.2 Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 1
1.5.3 Consult with and advise Owner as to the acceptability of subcontractors, suppliers,
and other persons and organizations proposed by the prime contractor(s) (herein called
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"Contractor(s) ") when substitution prior to the award of contracts is allowed by the Bidding
Documents.
' 1.5.4 Consult with and advise Owner concerning and determining the acceptability of
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substitute materials and equipment proposed by Contractor(s) when substitution prior to the
1 award of contracts is allowed by the Bidding Documents.
1.5.5 Attend the bid opening, prepare bid tabulation sheets and assist Owner in evaluating
1 bids or proposals and in assembling and awarding contracts for construction, materials,
equipment and services.
1 1.5.6 If the lowest responsible bid exceeds the estimated construction cost, upon
authorization from owner, rework the plans and specifications in accordance with Section
' 1.4 of this Agreement and repeat the bidding phase in accordance with Section 1.5 of this
Agreement. This effort shall be considered Additional Services and compensated in
accordance with Section 5.1.2.
1 1.6 CONSTRUCTION PHASE
1 During the Construction Phase:
1.6.1 General Administration of Construction Contract. Engineer shall consult with and
advise Owner and act as Owner's representative. All of Owner's instructions to
Contractor(s) will be issued through Engineer who will have authority to act on behalf of
Owner to the extent provided in the general Conditions except as otherwise provided in
1 writing.
1.6.2 Visits to Site and inspection of Construction. In connection with inspection of the
1 work of Contractor(s) while it is in progress:
1.6.2.1 Engineer shall make visits to the site at internals appropriate to the various
1 states of construction as Engineer deems necessary in order to inspect as an
experienced and qualified design professional the progress and quality of the various
aspects of Contractor(s) work. In addition, Engineer shall provide the services of a
Resident Project Representative (as assistants as agreed) at the site to assist
Engineer and to provide more continuous inspection of such work. Based on
information obtained during such visits and on such inspection, Engineer shall
endeavor to determine if such is proceeding in accordance with the Contract
Documents and Engineer shall keep Owner informed of the progress of the work.
1 1.6.2.2 The Resident Project Representative (and any assistants) will be Engineer's
agent or employee and under Engineer's supervision. The duties and responsibilities
of the Resident Project Representative (and assistants) are set forth in Appendix B
"Duties, Responsibilities and Limitations of Authority of the Project Representative ".
' 1.6.2.3 The purpose of the Engineer's visits to and representation by the Resident
Project Representative (and assistants, if any) at the site will be enable Engineer to
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better carry out the duties and responsibilities assigned to and undertaken by
Engineer during the Construction Phase, and, in addition, by exercise of Engineer's ,
efforts as an experienced and qualified design professional, to provide for Owner a
greater degree of confidence that the completed work of Contractor(s) will conform
to the Contract Documents and that the integrity of the design concept as reflected
in the Contract Documents has been implemented and preserved by Contractor(s).
1.6.2.4 If Engineer becomes aware of defects or deficiencies in the work, or '
nonconformance to the Contract Documents, Engineer shall promptly give written
notice thereof to Owner.
1.6.3 Defective Work. During such visits and on the
g is a d o t o basis of such observation, Engineer
may disapprove of or reject Contractor(s) work while it is in progress if Engineer believes
that such work will not produce a completed Project that conforms generally to the Contract
Documents or that it will prejudice the integrity of the design concept of the Project as
reflected in the Contract Documents.
1.6.4 Interpretations and Clarifications. Engineer shall issue necessary interpretations and
clarifications of the Contract Documents and in connection therewith prepare work directive 111 changes and change orders as required for Owner's approval.
1.6.5 Shop Drawings. Engineer shall review and approve (or take other appropriate action
in respect of) Shop Drawings, samples and other data which Contractor(s) are required to
submit, but only for conformance with the design concept of the Project and compliance
with the information given in the Contract Documents. Such reviews and approvals or other
action shall not extend to means, methods, techniques, sequences or procedures of
construction or to safety precautions and programs incident thereto.
1.6.6 Substitutes. Engineer shall evaluate and determine the acceptability of substitute
materials and equipment proposed by Contractor(s), but subject to the provision of
Paragraph 2.2.2. 1
1.6.7 Inspections and Tests. engineer shall have authority, and Owner's representative, to
require special inspection or testing of the work, and shall receive and review all certificates
of inspections, testings and approvals required by laws, rules, regulations, ordinances, codes,
orders or the Contract Documents (but only to determine generally that their content
complies with the requirements of, and the results certified indicate compliance with, the
Contract Documents).
1.6.8 Disputes between Owners and Contractor. Engineer shall act as initial interpreter 1
of the requirements of the Contract Documents and judge of the acceptability of the work
thereunder and make decisions on all claims of Owner and Contractor(s) relating to the
acceptability of the work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the work. Engineer shall respond
to all written claims submitted by Contractor in a timely fashion. Engineer shall not be
liable for the results of any such interpretations or decisions rendered in good faith.
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1.6.9 Applications for Payment. Based on Engineer's on -site observations as an
experienced and qualified design professional, on information provided by the Resident
Project Representative and on review of applications for payment and the accompanying
data and schedules:
1.6.9.1 Engineer shall determine the amounts owing to Contractor(s) and
recommend in writing payments to Contractor(s) in such amounts. Such
recommendations of payment will constitute a representation to Owner, based on
such observations and review, that the work has progressed to the point indicated,
and that, to the best of Engineer's knowledge, information and belief, the quality of
' such work is generally in accordance with the Contract Documents (subject to an
evaluation of such work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract
Documents and to any other qualifications stated in the recommendation). In the
case of unit price work, Engineer's recommendations of payment will include final
determinations of quantities and classifications of such work (subject to any
' subsequent adjustments allowed by the Contract Documents).
1.6.9.2 By recommending any payment Engineer will not thereby be deemed to have
' represented that exhaustive, continuous or detailed reviews or examinations have
been made by Engineer to check the quality or quantity of Contractor(s)' work as it
is furnished and performed beyond the responsibilities specifically assigned to
Engineer ire this Agreement and the Contract Documents. Engineer's review of
Contractor(s)' work for the purposes of recommending payment will not impose on
Engineer's responsibility to supervise, direct or control such work or for the means,
methods, techniques, sequences or procedures of construction of safety precautions
or programs incident thereto or ordinances, codes or orders applicable to their
furnishing and performing the work. It will also not impose on responsibility of
Engineer to make any examination to ascertain how or for what purposes any
Contractor has used the money paid on account of the Contract Price, or to
determine that title to any of the work, materials or equipment has passed to owner
free and clear of any lien, claims, security interests or encumbrances, or that there
may not be other matters at issue between Owner and Contractor that might affect
the amount that should be paid.
1.6.10 Contractor(s)' Completion Documents. Engineer shall receive and review
maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection, tests and approvals which are to be assembled by Contractor(s) in accordance
with the Contract Documents (but such review will only be to determine that their content
complies with the Requirements of, and in the case of certificates in inspection, tests and
approvals the results certified indicate compliance with, the Contract Documents); and shall
transmit them to Owner with written comments.
1.6.11 Inspections. Engineer shall conduct an inspection to determine pest elf the work is
substantially complete and a final inspection to determine if the completed work is
acceptable so that Engineer may recommend, in writing, final payment to Contractor(s) and
any give written notice to Owner and the Contractor(s) that the work is acceptable (subject
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to any conditions therein expressed), but any such recommendations and notice will be
subject to the limitations expressed in Paragraph 1.6.9.2. 1
1.6.12 Limitation of Responsibilities. Engineer shall not be responsible for the acts or
omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)' 1
or subcontractor's or supplier's agents or employees of any other persons (except Engineer's
own employees and agents) at the site or otherwise furnishing or performing any of the
Contractor(s)' work; however, nothing contained in Paragraphs 1.6.1 through 1.6.11 inclusive, 1
shall be construed to release Engineer from liability for failure to properly perform duties
and responsibilities assumed by Engineer in the Contract Documents.
1.7 OPERATIONAL PHASE I
During Operational Phase, Engineer shall, when requested by Owner: 1
1.7.1 Provide assistance in the closing of any financial or related transaction for the
I Project.
1.7.2 Provide assistance in connection with the refining and adjusting or any equipment or I
system.
1.7.3 Assist owner in training Owner's staff to operate and maintain the Project.
1
1.7.4 Assist Owner in developing systems and procedures for control of the operation and
maintenance of an record keeping for the Project. 1
1.7.5 Within ninety (90) days after completion of a Project, prepare a set of reproducible
record prints of Drawings showing those changes make during the construction process,
I
based on the marked -up prints, drawings and other data famished by Contractor(s) to
Engineer and which engineer considered significant. Final payment will be made only after
record drawings are received by the Owner.
1
1.7.6 In company with Owner, visit the Project to observe any apparent defects in the
completed construction, assist Owner in consultations and discussions with Contractor(s)
1
concerning correction of such deficiencies, and make recommendations as to replacement
or correction of defective work.
1.7.7 Assist Owner in re aration of assessment roll for p r City improvement projects, and
attend assessment hearings.
SECTION 2. ADDITIONAL SERVICES OF C O ENGINEER
2.1 SERVICES REQUIRING AUTHORIZATION IN ADVANCE 1
If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional
Services of the types listed in paragraphs 2.1.1 through 2.1.14, inclusive. These services are
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not included as art of Basic services except to the extent provided otherwise by attached
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amendment and will be paid for by Owner as indicated in Section 5.
2.1.1 Preparation of a
applications and supporting documents (in addition to those furnished
1 under Basic Services) for private or governmental grants, loans or advances in connection
with the Project; preparation or review of environmental assessments and impact statements;
review and evaluation of the effect on the design requirements of the Project of any such
statements and documents prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental impact of the Project.
' 2.1.2 Review of developer's plats, concept plans and assistance to developer in preparing
a plat; contract administration and construction observation of developer installed
improvements; review and finalization of developer's construction record drawings, and work
1 performed in acquisition of easements.
2.1.3 Verifying the accuracy of drawings or other information furnished to Owner by
1 others.
2.1.4 Services resulting from significant changes in the general scope, extent or character
of the Project or its design including, but not limited to, changes in size, complexity, Owner's
schedule, character of construction or method of financing; and revising previously accepted
studies, reports, design documents or Contract Documents when such revisions are required
by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the
preparation of such studies, reports or documents, or are due to any other causes beyond
Engineer's control.
2.1.5 Providing rendering or models for Owner's use.
1 2.1.6 Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; providing value engineering during the
1 course of design; the preparation of cash flow and economic evaluations, rate schedules and
appraisals; assistance in obtaining financing for the Project; evaluating processes available
for licensing; assisting Owner in obtaining process licensing; detailed quantity surveys of
material, equipment and labor; and audits or inventories required in connection with
construction performed by Owner.
2.1.7 Furnishing services of independent professional associates and consultants for other
than Basic Services which include, but are not limited to, customary civil, structural,
mechanical and electrical engineering and customary architectural design incidental thereto);
and providing data or services of the types described in Paragraph 3.4 when Owner employs
engineer to provide such data or services in lieu of furnishing the same in accordance with
Paragraph 3.4.
2.1.8 Services during out -of -town travel required of Engineer other than visits to the site
or Owner's office as required by Section 1.
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2.1.9 Providing any type of property surveys or related engineering services needed for the
transfer of interests in real property and field surveys for design purposes and engineering
surveys and staking to enable Contractor(s) to proceed with their work; and providing other
special field surveys.
2.1.10 Preparation of operating, maintenance and staffing manuals to supplement basic
Services under Paragraph 1.7.3.
2.1.11 Preparing to service or serving as a consultant or witness at Owner's request in any
litigation, arbitration or other legal or administrative proceeded involving the Project (except
for assistance in consultations which is included as part of Basic Services under Paragraphs
1
1.2.3 and 1.4.2).
2.1.12 Additional services in connection with the Project, including services which are to be
1
furnished by Owner in accordance with Article 3, and services not otherwise provided for
in this Agreement.
2.2 REQUIRED ADDITIONAL SERVICES
When required by the Contract Documents in circumstances beyond Engineer's control, 1
Engineer shall furnish or obtain from others, as circumstances require during construction
and without waiting for specific authorization from Owner, Additional Services of the types
listed in Paragraphs 2.2.1 through 2.2.6, inclusive. These services are not included as part
of Basic Services except to the extent provided otherwise by attached amendment.
Engineering shall advise Owner promptly after starting any such additional services which
will be paid for by Owner as indicated in Section 5.
2.2.1 Services in connection with work directive changes and change orders to reflect
changes requested by Owner if the resulting change in compensation for Basic Services is
not commensurate with the addition services rendered.
2.2.2 Services in making revisions to Drawings and Specifications occasioned by the
acceptance of substitutions proposed by Contractor(s); and services after the award to each
contract in evaluating and determining the acceptability of an unreasonable or excessive
number of substitutions proposed by Contractor.
2.2.3 Services resulting from significant delays, changes or price increases occurring as a 1
director or indirect result of material, equipment or energy shortages.
2.2.4 Additional or extended services during construction made necessary by (1) work
1
damaged by fire or other cause during construction, (2) a significant amount of defective or
neglected work of any Contractor, (3) acceleration of the progress schedule involving
services beyond normal working hours, and (4) default by a Contractor.
1
2.2.5 Services (other than Basic Services during the Operational Phase) in connection with
any partial use of any part of the Project by Owner prior to Substantial Completion.
02/12/93 -9- 1
1
SECTION 3. OWNER'S RESPONSIBILITIES
1 Owner shall do the following in a timely manner so as not to delay the services of Engineer:
3.1 Designate in writing a person to act as Owner's representative with respect to the
services to be rendered under this Agreement, such person shall have complete authority
to transmit instruction, receive information, interpret and define Owner's policies and
decisions with respect to Engineer's services for the Project.
3.2 Provide all criteria and full information as to Owner's requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design
and construction standards Owner will require to be included in the Drawings and
' Specifications.
3.3 Assist Engineer by placing at Engineer's disposal all available information pertinent
' to the Project including previous reports and any other data relative to design or
construction of the Project.
3.4 Furnish to Engineer as required for performance of Engineer's Basic Services except
to the extent provided otherwise by attached amendment, the following:
3.4.1 Data prepared by or services of others, including without limitations, borings,
probings and subsurface explorations, hydrographic surveys, laboratory tests and
inspections of samples, materials and equipment;
3.4.2 Appropriate professional interpretations of all the foregoing;
1 3.4.3 Environmental assessment and impact statements;
3.4.4 Property, right -of -way, topographic and utility surveys;
3.4.5 Property descriptions;
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1 3.4.6 Zoning, deed and other land use restrictions; and
3.4.7 Other special data or consultations not covered in Section 2;
All of which Engineer may use and rely upon in performing services under this Agreement.
1 3.5 Arrange for access to and make all provisions for Engineer to enter upon public and
private property as required for Engineer to perform services under this Agreement.
3.6 Examine all studies, reports, sketches, Drawings, Specifications, proposals and other
documents presented by Engineer. Obtain advice of an attorney, insurance counselor and
other consultants as Owner deems appropriate for such examination and render in writing
02/12/93 -10-
1
1
decisions pertaining thereto within a reasonable time so as not to delay the services of
Engineer. 1
3.7 Furnish approvals and permits from all governmental authorities having jurisdiction
over the Project and such approvals and consents from others as may be necessary for
completion of the Project.
3.8 Provide such accounting, independent cost estimating and insurance counseling
services as may be required for the Project, such legal services as Owner may require or
Engineer may reasonably request with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s), such auditing service as Owner may 1
require to ascertain how or for what purpose any Contractor has used the monies paid
under the construction contract, and such inspection services as Owner may require to
ascertain that Contractor(s) are complying with any law, rule, regulations, ordinance, code
1
or order applicable to their furnishing and performing the work.
3.9 If owner designates a person to represent Owner at the site who is not Engineer or
1
Engineer's agent or employee, the duties, responsibilities and limitations or authority or such
other person and the effect thereof on the duties and responsibilities of Engineer and the
Resident Project Representative (and any assistants) will be set forth in an exhibit that is
to be identified, attached to and made a part of this Agreement before such services begin.
3.10 If more than one prime contract is to be awarded for construction, materials, 1
equipment and services for the entire Project, designate a person or organization to have
authority and responsibility for coordinating the activities among the various prime
contractors.
3.11 Furnish to Engineer data or estimated figures as to owner's anticipated costs for
services to be provided by others for Owner (such as services pursuant to Paragraphs 3.7
through 3.11, inclusive, and other costs of the types referred to in Paragraph 1.2.6) so that
Engineer may make the necessary findings to support opinions of probable Total Project
Costs.
3.12 Attend the pre -bid conference, bid opening, preconstruction conferences, construction
progress and other job - related meetings and substantial completion inspections and final
payment inspections.
3.13 Give prompt written notice to Engineer whenever Owner observes or otherwise I
becomes aware of any development that affects the scope of timing of Engineer's services,
or any defect or nonconformance in the work of any Contractor. 1
3.14 Furnish, or direct Engineer to provide, Additional Services as stipulated in Paragraph
2.1 of this Agreement or other services as required. 1
3.15 Bear all costs incidental to compliance with the requirements of this Section 3.
II
02/12/93 -11- 1
1
SECTION 4. PERIODS OF SERVICE
1 4.1 Engineer's obligation to render services hereunder will extend for a period which is
required for the design, award of contracts, construction and initial operation of the Project
1 including extra work and required extensions thereto.
4.2 The services called for in the Study and Report Phase will be completed and the
' Report submitted within the agreed period after written authorization to proceed with that
phase of services which will be given by Owner.
4.3 After acceptance by Owner of the Study and Report Phase documents indicating any
specific modifications or changes in the general scope, extent or character of the Project
desired by Owner, and upon written authorization from Owner, Engineer shall proceed with
the performance of the services called for in the Preliminary Design Phase, and shall submit
preliminary design documents and a revised opinion of probable Total Project Costs within
the agreed period.
' 4.4 After acceptance by owner of the Preliminary Design Phase documents and revised
opinion of probable Total Project costs, indicating any specific modifications or changes in
1 the general scope, extent or character of the Project desired by Owner, and upon written
authorization from Owner, Engineer shall proceed with the performance of the services
called for in the Final Design Phase; and shall deliver Contract Documents and a revised
1 opinion of probable Total Project Costs for all work of Contractor(s) on the Project within
the agreed period.
1 4.5 Engineer's services under the Study and Report Phase, Preliminary Design Phase, and
Final Design Phase, shall each be considered complete at the earlier of (1) the date when
the submissions for that phase have been accepted by Owner, or (2) thirty (30) days after
the date when such submissions are delivered to Owner for final acceptance, plus in each
case such additional time as may be considered reasonable for obtaining approval of
governmental authorities having jurisdiction to approve the design of the Project.
4.6 After acceptance by owner of the Engineer's Drawings, Specifications and other Final
Design Phase documentation including the most recent opinion of probable Total Project
Costs and upon written authorization to proceed, Engineer shall proceed with performance
of the services called for in the Bidding or Negotiating phase. This Phase shall terminate
and the services to be rendered thereunder shall be considered complete upon
commencement of the Construction Phase or upon cessation of negotiations with prospective
Contractor(s) (except as may otherwise be required to complete the services called for in
Paragraph 6.2.2.5).
4.7 The Construction Phase will commence with the execution of the first prime contract
to be executed for the work of the Project or any part thereof, and will terminate upon
written recommendation by Engineer of final payment on the last prime contract to be
completed. Construction Phase services may be rendered at different times in respect of
1 separate prime contracts if the Project involves more than one prime contract.
1 02/12/93 -12-
1
4.8 The Operation Phase will commence during the Construction Phase and will
terminate one year after the date of Substantial Completion if the last prime contract for
construction, materials and equipment on which substantial completion is achieved.
4.9 If Owner has request for significant modifications or changes in the general scope, 1
extent or character of the project, the time of performance of Engineer's services shall be
adjusted equitably.
4.10 Owner shall give prompt authorization to proceed or not proceed with any phase of
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services after completion of the immediately preceding phase.
4.11 If Engineer's services for design or during construction of the Project are delayed or
g g g Project Y
suspended in whole or in part by Owner for more than three (3) months for reasons beyond
Engineer's control, Engineer shall on written demand to owner (but without control,
Engineer shall on written demand to owner (but without termination of this Agreement) be
paid as provided in Paragraph 5.3.2. If such delay or suspension extends for more than one
year for reasons beyond Engineer's control, or if Engineer for any reason is required to
render Construction Phase services in respect of any prime contract for construction,
materials or equipment more than one year after Substantial Completion is achieved under
that contract, the various rates of compensation provided for elsewhere in this Agreement
shall be subject to equitable adjustment.
4.12 In the event that the work designed or specified by Engineer is to be furnished or 1
performed under more than one prime contract, or if Engineer's services are to be
separately sequenced with the work of one or more prime contractors (such as in the case
of fast - tracking), Owner and Engineer shall, prior to commencement of the Final Design
Phase, develop a schedule for performance of Engineer's services during the Final Design,
Bidding or Negotiating and Construction Phases in order to sequence and coordinate
properly such services as area applicable to the work under such separate contracts.
SECTION 5. PAYMENTS TO ENGINEER
1
5.1 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF ENGINEER
5.1.1 For Basis Services. Owner shall P a Y Engineer for Basic Services rendered under
Section 1 as follows:
5.1.1.1 The fee for all Basic Services ect '
exce t services of Engineer's Resident project
P 1� P J
Representative and assistants furnished under Paragraph 1.6.2.1) shall mean feel
equal to a percentage of the "Construction cost of the Project ". This fee shall be
calculated in accordance with Schedule "Al" or "A2" attached to this Agreement.
Credits shall be given to the overall fee for any study or report prepared by the
Owner.
Schedule "Al" shall be used to calculate the fee for the following types of
construction Projects:
02/12/93 -13-
1) Projects involving process engineering (e.g. pumping stations, wells, water
treatment, etc.)
2) Projects which require outside funding agency approval (e.g. MSA funded
projects)
3) Buildings and structural facilities (e.g. pumphouses, bridges, retaining walls,
etc.)
4) Park work and landscape architecture
5) Multi- agency projects
6) Traffic signal projects
7) Arterial streets
Schedule "A2" shall be used to calculate the fee for all other types of construction
Projects.
Projects whose construction costs are less than $100,000 are not covered by Schedule
"Al" or "A2 ". For Basic Services performed by the Engineer for these Projects, the
Owner will pay the Engineer on an hourly basis in accordance with the attached
Schedule "B", Hourly Billing Rates. These rates are adjusted annually at the
beginning of the year in accordance with the Engineer's normal salary review
procedures.
5.1.1.2 Upon request of the Owner, the Engineer shall submit a written cost
estimate, either lump sum or hourly, with or without a cost not to exceed, for the
Study and Report Phase, in lieu of a percentage of Construction Cost as outlined
under Paragraph 5.2.2. If any part or all of the project proceeds, the amount paid
for this phase will be deducted from the overall fee charged, in proportion to that
part of the project which proceeds beyond the Study and Report Phase.
5.1.1.3 Resident Project Services. For services of Engineer's Resident Project
Representative (and assistants) furnished under Paragraph 1.6.2.1 on the basis of
Schedule B for services rendered by principals and employees assigned to resident
Project representation.
5.1.2 For Additional Services. Owner shall pay Engineer for Additional Services rendered
under Section 2 as follows:
5.1.2.1 General. For Additional Services of Engineer's principals and employees
engaged directly on the Project and rendered pursuant to Paragraph 2.1 or 2.2 on the
basis of Schedule B.
02/12/93 -14-
7.8.4 may be waived in whole or in part as to any claim, counterclaim, dispute or other
matter specifically described in such consent.
No consent to arbitration in respect to a specifically described claim, counterclaim, dispute
or other matter in question will constitute consent to arbitrate any other claim,
counterclaim, dispute or other matter in question which is not specifically described in such
consent or in which the sum or value in controversy exceeds $50,000 (exclusive of interest
and costs) or which is with any party not specifically described therein.
7.8.6 The award rendered by the arbitrators will be final, judgment may be entered upon
it in any court having jurisdiction thereof.
SECTION 8. SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
8.1 The following exhibits are attached to and made a part of this Agreement.
8.1.1 Schedule Al "Fee Schedule for Basic Services" for above - average complexity
projects.
8.2.1 Schedule A2 "Fee Schedule for Basic Services" for average complexity projects.
8.1.3 Schedule B "Per Diem Hourly Rate Schedule for Additional Services ".
8.1.4 Appendix A - Feasibility Report Outline.
8.1.5 Appendix B - Duties, Responsibilities and Limitations of Authority of the
Resident Project Representative.
8.2 This Agreement, together with the Appendix and Schedules identified above
constitute the entire agreement between Owner and Engineer and supersede all prior
written or oral understandings. This Agreement, Appendix and Schedules may only be
amended, supplemented, modified or canceled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as
of the day and year first above written.
•
02/12/93 -21-
1
I OWNER: ENGINEER:
CITY OF CHANHASSEN
1 BY: BY:
Donald J. Chmiel, Mayor Its
1
AND
1 Don Ashworth, City Manager
1
1
ADDRESS FOR GIVING NOTICES: ADDRESS FOR GIVING NOTICES:
1 690 Coulter Drive, Box 147
Chanhassen, MN 55317
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02/12/93 -22-
1
14 1 11111 111111111 1111111 1
Net Construction % From -
Cost Curve A _ I
13 -
50,000 13.22
100,000 11.63 1
250,000 9.75
12 500,000 8.52 -
750,000 7.90 - '
1 ,000 ,000 7.53
2 ,000 ,000 6.82
11 4 ,000 ,000 6.36 y I
6 ,000 ,000 6.20
8,000,000 6.10
10 ,000 ,000 6.03 -
20,000,000 5.80
1
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1
5 . 1
1
I
4 - 1
0.01 0.05 0.1 0.5 1 5 10 50 100 I
Net construction cost, in millions of dollars
I FIG. 1 — CURVE A, MEDIAN COMPENSATION FOR BASIC SERVICES, _
EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR _
PROJECTS OF ABOVE- AVERAGE COMPLEXITY.
1
ASCE Manual No. 45
I
SnhAfil IIP "A 1 "
I 14 "
l trim 1 1 1 lulu 4 1 i l i r
I Net Construction % From -
1111 Cost 50 Curve B
1 13 � - -
100,000 9.01 -
250,000 7.81
II 12 10.05
500,000 7.00
111 750,000 6.63 -
1,000,000 6.22
II
I I 2,000,000 5.75 -
4,000,000 5.30
II 6,000,000 5.10 -
8,000,000 5.05
I 10,000,000 4.97 -
20,000,000 4.88
1 'c' ■ 1 1
1 I ,..., _
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0.01 0.05 0.1 0.5 I 5 10 50 100
Net const cost, in millions of dollars
1 FIG. 2 — CURVE B, MEDIAN COMPENSATION FOR BASIC ER
S VICES,
EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR
I PROJECTS OF AVERAGE COMPLEXITY.
ASCE Manual No. 45
1 Schedule "A2"
•
51
Schedule "B"
199 Billing Rate Schedule 1
Labor Classification = - Hourly Rate 1
Senior Principal
Principal / Project Manace -- '
Registered Engineer /Arch Lect -
Project Engineer /Architect
Graduate Engineer /Architect /Field Supervisor
Senior Draftsperson
Senior Technician /Draftsperson /Inspector
Technician
Word Processor
Clerical / Printing -
Attendance at Regular Council Meeting $ /Meeting
These rates are adjusted annually at the first of the year in
accordance with the normal review procedures
1
For review of private developers' plans and for inspection of
projects designed by others, the above rates will be multiplied by
to cover professional liability insurance costs and legal
expense.
Reimbursable Expenses - 1
* Reproduction, printing, duplicating
* Out -of- pocket expenses such as
field supplies, telephone calls, etc.
* Mileage
1
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r
6. Anticipated Assessment Date
I H. Non - Petitioning Properties Affected
I I. Estimated Assessments
1. Rates
1 2. Maps and Drawings Showing Benefitted Areas
I 3. Legal Descriptions of Benefitted Area as Required by State Statute for
Public Hearing Notice
1 4. Preparation of "Preliminary Assessment Roll"
5. Assessment Analysis for Typical Property
I J. Controversial Aspects
1 1. Unusually High Assessment Rates
2. Buildable /Non - buildable Property Involved
I 3. etitioned Percentage Petitioned Non -
g Petitioned/Non-petitioned
1 K. Conclusion
I 1. Statement
L. Recommendations
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1 02/12/93
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APPENDIX "B"
DUTIES, RESPONSIBILITIES AND LIMITATIONS OF
AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
Engineer shall furnish a Resident Project representative ( "RPR "), assistants and other
field staff to assist Engineer in monitoring performance of the work of Contractor(s). 1
Through more extensive on -site observations of the work in progress and field checks
of materials and equipment by the RPR and assistants, Engineer shall provide further
protection for Owner against defects and deficiencies in the work of Contractor(s).
The duties and responsibilities of the RPR are limited to those of Engineer in 1
Engineer's agreement with the Owner and in the construction Contract Documents, and are
further limited and described as follows:
111
A. GENERAL
RPR is Engineer's agent at the site, will act as directed by and under the supervision 1
of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings
in matters pertaining to the on -site work shall in general be with Engineer and
Contractor(s) keeping Owner advised as necessary. RPR's dealings with
subcontractors shall only be through or with the full knowledge and approval of
Contractor(s). RPR shall generally communicate with Owner with the knowledge of
and under the direction of Engineer.
B. DUTIES AND RESPONSIBILITIES OF RPR 1
1. Schedules. Review the progress schedule, schedule of Shop Drawing
submittals and schedule of values prepared by Contractor(s) and consult with 1
Engineer concerning acceptability.
2. Conferences and Meetings. Attend meetings with Contractor(s), such as pre-
construction conferences, progress meetings, job conferences and other
Project- related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison.
a. Serve a Engineer's liaison with Contractor(s), working principally 1
through Contractor(s)' superintendent and assist in understanding the
intent of the Contract Documents; and assist Engineer in serving as
Owner's liaison with Contractor(s) when Contractor(s)' operations
affect Owner's on -site operations.
b. Assist in obtaining from Owner addition details or information, when 1
required for proper execution of the work.
02/12/93 1
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4. Shop Drawings and Samples.
1 a. Record date of receipt of Shop Drawings and samples.
I b. Receive samples which are furnished at the site by Contractor(s), and
notify Engineer of availability of samples for examination.
I c. Advise Engineer and Contractor(s) of the commencement of any work
requiring a Shop Drawing or sample if the submittal has not been
approved by Engineer.
I 5. Review of Work, Rejection of Defective Work, Inspections and Tests.
1 a. Conduct on -site inspections of the work in progress to determine if the
work is in general proceeding in accordance with the Contract
Documents.
I b. Report to Engineer whenever RPR believes that any work is
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unsatisfactory, faulty or defective or does not conform to the Contract
I Documents, or has been damaged, or does not meet the requirements
of any inspection, test or approval required to be made; and advise
I Engineer of work that RPR believes should be corrected or rejected
or should be uncovered for observation, or requires special testing,
inspection or approval.
1 c. Verify that tests, equipment and systems start -ups and operating and
maintenance trailing are conducted in the presence of appropriate
I personnel, and that Contractor(s) maintain adequate records thereof;
and observe, record and report to Engineer appropriate details relative
to the test procedures and start-ups.
1 d. Accompanying visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these
1 inspections and report to Engineer.
6. Interpretation of Contract Documents. Report to Engineer when
I clarifications and interpretations of the Contract Documents are needed and
transmit to Contractor(s) clarifications and interpretations as issued by
Engineer.
I 7. Modifications. Consider and evaluate Contractor(s)' suggestions for
modifications in Drawings or Specifications and report with RPR's
I recommendations to Engineer. Transmit to Contractor(s) decisions as issued
by Engineer.
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8. Records.
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and samples, reproductions of original
Contract Documents including all Work Directive changes, Addenda, 1
Change Orders, Field Order, additional Drawings issued subsequent to
the execution of the Contract, Engineer's clarifications and
interpretations of the Contract Documents, progress reports, and other
Project- related documents.
b. Keep a diary or log book, recording Contractor(s)' hours on the job 1
site, weather conditions, data relative to questions of Work Directive
Change, Change Orders or changed conditions, list of job site visitors,
daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures;
and send copies to Engineer.
c. Record names, addresses and telephone numbers of all Contractor(s),
subcontractors and major suppliers of materials and equipment.
1
9. Reports.
a. Furnish Engineer periodic reports as required of progress of the work
and of Contractor(s)' compliance with the progress schedule and
schedule of Shop Drawing and sample submittals.
1
b. Consult with Engineer in advance of scheduled major tests, inspections
or start of important phases of the work. 1
c. Draft proposed Change Orders and Work Directive Changes, obtaining
backup material from Contractor(s) and recommend to Engineer 1
Change Orders, Work Directive Changes, and Field Orders.
d. Report immediately to Engineer and Owner upon the occurrence of
any accident.
10. Payment Requests. Review applications for payment with Contractor(s) for
compliance with the established procedure for their submission and forward
with recommendations to Engineer, noting particularly the relationship of the
payment requested to the schedule of values, work completed and materials
and equipment delivered at the site but not incorporated in the work.
11. Certificates, Maintenance and Operation Manuals. During the course of the 1
work, verify that certificates, maintenance and operation manuals and other
data required to be assembled and furnished by Contractor(s) are applicable 1
02/12/93 1
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to the items actually installed and in accordance with the Contract
Documents, and have this material delivered to Engineer for review and
1 forwarding to Owner prior to final payment for the work.
12. Completion.
' a. Before Engineer issues a Certificate of Substantial Completion, submit
g
to Contractor(s) a list of items requiring completion or correction.
b. Conduct final inspection in the company of Engineer, Owner and
Contractor(s) and prepare a final list of items to be completed or
corrected.
1 c. Observe that all items on final list have been completed or corrected
and make recommendations to Engineer concerning acceptance.
' C. LIMITATIONS OF AUTHORITY
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or
substitution of materials or equipment unless authorized by Engineer.
2. Shall not exceed limitations of Engineer's authority as set forth in the
Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor(s), subcontractors
or Contractor(s)' superintendent.
' 4. Shall not advise on, issue directions relative to or assume control over any
aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically required by the
Contract Documents.
1 5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the work.
6. Shall not accept Show Drawing or sample submittals from anyone other than
Contractor(s).
7. Shall not authorize Owner to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections
conducted by others except as specifically authorized by Engineer.
1
02/12/93
C ITYOF
1
, CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN,
;, - MINNESOTA 55317 1
' (612) 937 -1900 • FAX (612) 937 -5739
February 17, 1993 1
1
Mr. Jim Andrews
Co- Chair, Highway 5 Task Force
131 Fox Hollow Drive
Chanhassen, MN 55317
Dear Jim: 1' 1
I appreciate the concerns you voiced in your February 8, 1993, letter regarding the progress or
lack of progress of the Task Force. After attending the last meeting, receiving your letter and
discussing the matter with staff, I can agree with many of the things you outlined.
Taking the road issue first, it is important that the Highway 5 upgrading program stay on
schedule and it is equally important that the Environmental Assessment (EA) for the frontage
road tracks with it. Any delays could jeopardize its status with MnDOT and have a major impact
on the availability of State and Federal funds. This last factor is extremely important since
MnDOT's agreement to fund a majority of the frontage road represents a major change in their
policies. Additionally, they have recently agreed to consider not only construction costs but also
right -of -way acquisition as well.
We have been informed that the City Council must approve the frontage road alternatives being 1
studied in the EA by no later then mid -March at the latest if we are to keep on schedule. As a
result, I am having staff place the alternatives on the March 3, 1993, Planning Commission
agenda for public comment and planning on having it referred to the City Council for their
March 8, 1993, meeting. Input developed by the Task Force on this issue to date will be made
part of the record and the attendance of these meetings by any of your members is welcomed.
I realize that you are also concerned with staff's action to have the consultants revise the
alternatives being studied after the last meeting. I think that if you look closely at the situation
you will find that staff has only acted to keep the door open on alternatives that were discussed
by your group and not to change any directives that were received. By keeping this matter
moving forward, I believe that options are being preserved and more effective decisions can be
made later this spring as the study progresses.
1
T PRINTED ON RECYCLED PAPER 1
1
Mr. Jim Andrews
February 17, 1993
1 Page 2
As for the other concerns you outlined, I can agree that the Task Force needs to become more
focused. In part, this may reflect back on a lack of direction received from the City Council.
However I am sure that several past and present members of the Council believed that their
direction was contained in the study that was completed by Bill Moorish and his staff last year.
' I think that staff's approach of developing goals and policies is a good one and urge you to keep
working to move your group forward. The discussions that you undertake on these important
issues are vital if the City Council is to make educated decisions later on. I would also be happy
1 to discuss ways of improving the function of the Task Force with you in person.
Si re ,
- -4 114111 ..Sr r ■,_
onald J. C •-, el
1 Mayor
pc: Don Ashworth, City Manager
1 Paul Krauss, Planning Director
Gene Borg, Chair, Hwy. 5 Task Force
City Council
Planning Commission
Highway 5 Task Force
1
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February 8, 1993
1
Mayor Don Chmiel
City Of Chanhassen
690 Coulter Dr.
Chanhassen, MN 55317
1
From: Jim Andrews
Co- Chairman Highway 5 Task Force 1
Dear Mr. Mayor, 1
I am writing this letter because of personal concern about the lack of direction and progress
the Highway 5 Task force has been able to make. At our January meeting we were able to
make several motions which were passed. I received a letter form Paul Krause stating that
staff has decided that the Task Force decision were expanded to now again include all
various north route options. I have no personal preference as to what options we choose.
111
My concern is that the Task Force is being directed by staff in the direction staff deems as
proper and correct. If staff needs to modify a Task Force motion then present these
modifications prior to passage of a motion or present their recommendations in the form of
reconsideration of a motion. If the intent of the City is to use staff planning and
recommendations than why not disband the Task Force and save the City money and the
members a lot of personal time. I would be the first to agree that the City planning staff
and the various consultants contracted by the City have far more expertise about this
complicated project. 1
Secondly, Paul's letter stated that as a Task Force, we need to create a overall mission
statement. We have been meeting since last Fall with very little progress. If there is a need 1
for a mission statement, that mission statement should come from City Council. We are not
an independent entity with freedom to choose our own direction. We are a Task Force
appointed by City Council. We have an assigned task to do. If we are unable to perform
our task, as its seems we are at this moment, then we should request the City Council to
either provide a more specific request for task completion or have the City Council disband
the Task Force. I am constantly frustrated by those among the group that feel we can not
make any even small decision without some grand unified consideration of all aspects of the
project at once. Perhaps the Council should prioritize specific areas, such as road design,
land use, building designs, landscaping, etc., and assign due dates. It is not possible to make
timely progress if we can not make small decisions and then begin to build. There is nothing
to say that as a group that we may not go back and reconsider a previous decision if we �1
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discover a better, more acceptable on a however solution later. We are h er a Task Force with a
' deadline to meet and many businesses and residents waiting for the City to move forward.
I would appreciate your reaction to my concerns. I also do not wish to put any blamed or‘
' anyone regarding my concerns. I believe we are are all struggling in our own way to reach
our goals. I think the problem is that we need a stricter task master( The Council), a more
specific task, and a better understanding of the roles we are all to play.
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1 Sincerely,
' Jim Andrews
7014 Sandy Hook Circle
Chanhassen, MN 55317
937 -0516
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IA S��
V A ee P.K - rE�
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METROPOLITAN COUNCIL
AlliAli mew, Par/ Centre, 230 East Fifth Street, Si Paul, MN 55101 -1634 612 291 -6359 FAX 612 291 -6550 TTY 612 291 -0904 1
ar
TRANSPORTATION ADVISORY BOARD
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February 12, 1993
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Don Ashworth
City Manager
City of Chanhassen
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690 Coulter Drive
Chanhassen, MN 55317
Dear M Ashworth: L:
Dcar Mr. Aa11W Vrl 1
The Transportation Advisory Board has completed its review of the project applications submitted for
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inclusion in the 1993 Interim Federal Surface Transportation Program (STP) funding of Bikeway and
Walkways. The bikeway /walkway project(s) you solicited was not approved for funding in calendar year 1993.
Attached is a summary of the Board's analysis of all projects solicited. A total of 72 projects were submitted.
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Traditional bikeway/walkway projects were initially reviewed to determine if qualifying criteria were met.
Based upon this initial review, some projects were eliminated for one of the following reasons: (1) Failing to
address the qualifying and /or priority criteria directly, (2) the project failed to serve a significant transportation I
purpose (3) the project failed to meet minimum funding requirements or (4) the project was already under
construction. The remaining projects were evaluated based upon the priority criteria. The spreadsheet lists
the projects that were rated in a prioritized order. Due to funding constraints the Board decided to only fund
I the highest five rated projects. Innovative projects did not receive a priority rating. Each project was
evaluated for funding by group consensus. Criteria considered included innovativeness, transferability,
population served, and how well the project serves a transportation purpose. Three projects were funded.
Due to the wide variation in contents of proposals submitted, the Board has decided to conduct a proposer's
forum in order to assist in the preparation of future proposals for STP /CMAQ funding. A new solicitation
is planned for sometime in April, 1993. The exact date and location of the forum will be announced at a later
date.
If you have any questions please contact Mr. Emil Brandt, Transportation Coordinator, Transportation
Advisory Board or Mr. David FngCtrom, Principal Engineer, Metropolitan Council, a: a nd 291.6370
respectively.
Sincerely,
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A 1 / i L LeAC t7
Sally Evert 1
Chair, Transportation Advisory Board
Attachment
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cc: Todd Hoffman
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R ECOMMENDED PROJECTS FOR FEDERAL FUNDING
1 1993 BIKEWAY AND WALKWAY
STANDARD BIKEWAY AND WALKWAY
1 1. NAME: Bloomington Bike and Ride Facility
FEDERAL COST: $174,000
1 AGENCY: City of Bloomington
DESCRIPTION: The project consists of on- street bikeways, off - street bituminous
bike paths, signage, bike lockers, racks and promotional material
I designed to create a bike and ride system to and at the Mall of
America Transit Hub. 5.5 miles of striped /signed bikeway lanes will
be developed along 84th, 88th, and Old Cedar Avenue. 2.3 miles
I of bituminous bike path will be constructed on 86th and Old
Shakopee Road linking to the Mall of America.
I 2. NAME: Cedar Lake Park Transportation Corridor
FEDERAL COST: $500,000
AGENCY: City of Minneapolis
1 DESCRIPTION: The City will onstruct a 3.1 mile long alternative transportation
system adjacent to the Burlington Northern right of way. The
system will consist of 2 directional bikeways and a separate
1 pedestrian way linking the St Louis Park/Golden Valley area with
Downtown Minneapolis.
3. NAME: BN Regional Trail Corridor
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FEDERAL COST: $240,000
AGENCY: Ramsey County
DESCRIPTION: This project consists of construction of a 2 mile off -road facility on
I an abandoned stretch of railroad. The facility will proceed along
the abandoned Burlington Northern (BN) railroad line from Beam
avenue in Maplewood to the east -west Willard Munger State Trail.
1 This facility will connect a regional shopping center on the north
with the Willard Munger State Trail on the south.
I 4. NAME: y of Roseville Non - Motorized Pathway Proposal
FEDERAL COST: $
AGENCY: City of Roseville
I DESCRIPTION: Construction of a continuous 4.8 mile, barrier free,
bikeway/walkway through Roseville which interconnects with
existing and proposed local and regional off -road corridors.
I Construction will occur along County Road C from Fairview to
Rice Streets and from County Road C south along Fairview,
Snelling and Rice streets providing connections to regional business
1 and retail facilities.
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5. NAME: Bridge across Burlington Northern Railroad
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FEDERAL COST: $200,000 I
AGENCY: City of Minnetonka
DESCRIPTION: The City will construct a 305 foot bridge across the Burlington
Northern Railroad at I -494. The bridge will provide an integral
I connection directly linking three quadrants of the City by the Loop
Trail System. The Bridge provides linkages to the north and a
major regional retail center.
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INNOVATIVE BIKEWAY AND WALKWAY
1. NAME: Bus and Bicycle Shelters 1
FEDERAL COST: $35,782
AGENCY: City of Shoreview
DESCRIPTION: 4 Bus shelters and bicycle storage units will be positioned at 4
locations along T.H. 49. The shelters will be metal and plexiglass
structures. The storage locker installation will consist of 2 units per I
location (2 bicycles per unit).
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2. NAME: Downtown Bicycle Lockers
FEDERAL COST: $80,000
AGENCY: City of St. Paul
DESCRIPTION: The City of St. Paul will purchase and place 100 bicycle storage
lockers throughout the downtown area for public use. The lockers
will be used by downtown employees who wish to commute to work
by bicycle but were previously deterred by inadequate parking
facilities. In addition the City plans to use each locker as an
I information center for people wishing to receive free materials
regarding bicycle use.
3. NAME: Bike Safe
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FEDERAL COST: $52,080
AGENCY: Dakota County
DESCRIPTION: The County will install and maintain directional and informational
signage throughout the Dakota County Bikeway System along with
a pilot project for informational kiosks in four locations. The
County will solicit citizen input on signage improvements and
maintenance through a post card system at the kiosk locations.
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1 RATINGS AND RECOMMENDATIONS
BIKEWAY AND WALKWAY PROJECTS - 1993
NO. JURISDICTION FEDERAL TOTAL LOCAL TOTAL
I - SHARE - PROJECT S1-IARE(%) - POIN
STANDARD BIKEWAY AND WALKWAY
• 29 - 20 . >:.:::.;< *
• $3 - MtsutupUs $0OO�O 1OOo,�QO $0
I 36 - .'Co : Z*000 300,D00 20 785
35 . -:: ; ; ::Roseillle 45I114 S7ZS1I 20 765
MIneoflk 2.W.. 2*4,300 6*0 •
1 18 St. Paul 166,310 207,888 20 615
61 Blaine 177,600 222,000 20 615
13 Plymouth 36,000 45,000 20 600
19 St. Paul 61,901 77,376 20 590
I 56 Hennepin - Parks 13,000 26,000 50 590
- 20 Shakopee 88,000 110,000 20 580
I 12 Eden Prairie 125,000 170,000 26 570
57 White Bear Lake 73,740 92,175 20 570
55 Hennepin • Parks 75,000 150,000 50 545
68 Robbinsdale 320,000 400,000 20 520
51 Shoreview 280,000 350,000 20 505
1 47 Maple Grove 320,000 400,000 20 480
23 Cottage Grove 28,736 35,920 20 470
I 5 Brooklyn Park 400,000 500,000 20 465
52 Shoreview 328,000 410,000 20 450
I 63 Oakdale 142,500 240,300 41 450
25 Washington County 112,187 146,135 23 435
14 Eagan 373,360 478,700 22 425
22 Chanhassen 72,000 90,000 20 425
27 Washington County 234,516 293,146 20 425
1 54 Hennepin - Parks 87,500 175,000 50 425
64 Oakdale 46,816 79,002 41 425
I 48 Shoreview 347,760 434,700 20 420
69 Coon Rapids 44,000 55,000 20 405
I 10 Farmington 80,000 105,000 24 400
60 Anoka/Ramsey (City) 129,770 187,212 31 400
- 46 West St Paul 38,400 48,000 20 390
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58 St. Paul - DNR 100,000 125,000 20 390
21 Falcon Heights 20,080 25,100 20 380 1
24 Cottage Grove 125,440 156,800 20 380
50 Shoreview 287,040 358,800 20 380
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65 Oakdale 21,780 36,755 41 375
28 Washington County 44,507 55,634 - 20 370 1
26 Washington County 37,963 47,454 20 355
16 Dakota County 198,960 248,700 20 345
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70 Lino Lakes 37,120 46,400 20 335
3 So. St. Paul - Parks 32,800 41,000 20 295
. I 66 Maple Grove 104,000 130,000 - 20 280
7 Afton 69,600 87,000 20 275
9 Arden Hills 91,440 114,300 • 20 245 1
6 Afton 21,400 33,000 35 205
67 Shorewood 69,920 87,400 20 200 1
4 Corcoran 36,000 45,000 20 160
?ii IDEDT;?TAl.. > :: > :::::::: 4 ::.: 4 7b7: [........... .. ... • , .. .. .._ .
...
TOTAL 7,072,160 9,512,664 1
INNOVATIVE BIKEWAY AND WALKWAY 1
'40 > : <Sho0r#err s3,0$2 :: <40E :
y_ :S i'atil :10000 . 400;000: ;: ..:.......
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:7.2 >l afa au ty . 'S2,000' <:.. ...._. ' fi `. :30.. ....
41 Minneapolis 70,000 285,400 75 1
44 St. Paul 72,000 90,000 20
1 4 1 . 0 O ' I T Q T A * * a '
TOTAL 309,862 585,228 1
PROJECTS FAILING TO MEET QUALIFYING CRITERIA* 1
1 Forest Lake 80,640 100,800 20
2 St Francis 22,000 27,500 20 1
8 Lake St. Croix Beach 30,000 30,000 50
11 Burnsville 135,000 162,000 17
15 Chaska 120,000 150,000 20 1
17 Hastings 195,000 234,000 17
30 Fridley 95,840 119,800 20 1
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31 Fridley 140,240 175,300 20
32 Fridley 44,440 55,550 20
33 Fridley 41,600 52,000 20
I 34 Fridley 70,080 87,600 20
37 Mn/DOT
I 38 Mn/DOT
39 Mn/DOT
I 43 Rockford 99,412 104,412 5
45 Apple Valley 52,000 65,000 20
49 Shoreview 60,000 75,000 20
62 Vadnais Heights 44,500 89,000 50
71 Mn/DOT
TOTAL 1,230,752 1,527,962
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FUNDED TGIAAL .1310,87:6 :; 2555,593: ; .
I GRAND TOTAL 8,612,774 11,625,854
• Projects were first screened for meeting qualifying criteria. The group of projects listed above
I failed to meet one or more of the following criteria:
1. Failure to address the qualifying criteria directly.
2. Failure to address the priority criteria directly.
I 3. The project fails to serve a significant transportation purpose.
4. The proposal failed to meet the minimum local funding match.
5. The project was already under construction.
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MARKET SQUARE ASSOCIATES LIMITED PARTNERSHIP
200 WEST HIGHWAY 13
BURNSVILLE, MINNESOTA 55337
(612) 890.1217
FAX (612) 890.0064
March 1, 1993 tvi
• 1Te. `l� L : , ,
The Housing & Redevelopment Authority
In & For The City of Chanhassen
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Attention: Mr. Don Ashworth, Executive Director
Reference: Market Square
Dear Mr. Ashworth:
Our contract for private redevelopment calls for payment of interest
on March 1 or adding the interest due then to the amount due from the rede-
veloper upon final payment of the repayment amount. This letter is our for-
mal request to ask that the interest due be added to the amount due. The
financial reports are being finalized at this time for presentation at our
partner's meeting next week. Upon acceptance and approval of the financial
reports by the partners, we will provide the appropriate financial informa-
tion to the City to back up this request.
MARKET SQUkRE ASSOCIATES LIMITED PARTNERSHIP
BY: 78TH SQUARE PARTNERS -A GENERAL PARTNER
BY: TIMOTN ? L ; NNING- A QENER AT. PARTNER
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1 APPENDIX "A"
1 FEASIBILITY REPORT OUTLINE
1 I. COVER
I A. Project Number
B. Brief Project Description and Location
1 C. Date
1 D. engineering Firm Preparing Report
E. Professional Engineer's Certification
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II. REPORT
1 A. Project History
1 1. Feasibility Report Initiation
a. Petitions Received
1 b. Dates of City Council Action
2. Previous Reports with Estimated Costs
I 3. Previous Action
1 B. Description of Construction Elements
I 1. Sanitary Sewer
2. Watermain
1 3. Storm Sewer
I 4. Streets
5. Etc.
I a. Alternates for Each Element
b. Details Unique to the Project
1 1) Constraints
1 02/12/93
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2) Effects on Overall Systems
3) Alternatives
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C. Maintenance Impact
1. Unusual Maintenance Requirements I
2. Operations and Maintenance Cost of Alternates
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D. General Estimated Costs
1. Breakdown of Each Element (project to time of construction I
�P J )
a. Sanitary 1
b. Watermain
c. Etc.
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E. Right -of -Way and Easements
1. General Description and Possible Easements 1
2. Cost Estimates for Easements
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F. Financing
1. Special Assessments
2. State Aid
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3. County Aid
4. Effects on City Accounts I
a. Sanitary Sewer Trunk Account
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b. Water Trunk, Source and Storage Accounts
G. Projected Timetable
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1. Public Hearing
2. Plans and Specifications
3. Advertising Requirements 1
4. Bid Receipt Date 1
5. Anticipated Construction Schedule
02/12/93 1