1a. Storm Water Mgmt Plan I - r /-_--
CITY OF
i CHANHASSEN
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4,_ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
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1 • MEMORANDUM
TO: Don Ashworth, City Manager
IFROM: Paul Krauss, Planning Director Pk 1..,
DATE: July 18, 1991
1 SUBJ: Authorization to Enter into a Contract for Consultant
Services with Bonestroo Rosene Anderlik and Associates
PROPOSAL/SUMMARY
II As the City Council is aware, we are about to embark on the initial
planning phases outlined under the Chanhassen Surface Water
Management Program. After long months spent in the review process,
Pa consulting firm has been selected and staff was directed to work
out a final contract. A group comprised primarily of the City
Council, City staff and a member of the Planning Commission,
II selected the firm. of Bonestroo Rosene Anderlik and Associates out
of the five finalist firms to work with our community over the next
18 to 24 months. Over the last few weeks, staff has met with this
firm on several occasions to refine the final contract. The.
1 refining process included taking the best parts of proposals
submitted by other firms and asking Bonestroo to include them, as
well as making changes requested by staff. Staff requested that
II changes occur in two important areas; the first of which was to
clarify details concerning the digitized information that would be
provided so that it is usable in future computer systems to be
1 implemented by the city. The second were amendments to expand upon
the public input and hearing process for the products that would be
produced. The initial cost contained in the Bonestroo proposal was
$187,945.00. Due to revisions contained in the attached contract,
il the total project cost has risen slightly to $195,690.00. We
believe that these changes were modest and will result in an
improved product for the city. At the same time we note that the
il final budget amount continues to be reasonable in light of other
proposals submitted. Funding for this project continues to be set
aside under the city's utility program and thus no new funding
11 requests of the City Council will result from this action.
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Mr. Don Ashworth
July 18, 1991
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STAFF RECOMMENDATION
' Staff recommends that the City Council authorize staff to enter
into the attached contract for professional services for the
Chanhassen Surface Water Management Program with the firm of
Bonestroo Rosene Anderlik and Associates.
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Otto G.Bonestroo,P.E. Keith A.Gordon.P.E. Mark R.Rolls,P.E. Rene C.Plumart,A.I.A.
Bonestroo JoRobert W seph C.Anderlik,RE. Donald C.Burgardt,P.E. Thomas E.Angus,PE. Agnes
Jerry D.Pertzsch,RE.
P
Rosene Marvin E Turner, P.E. Jerry k A.Bourdon,P.E. Howard Egerton, P.E. Robert Olivier,o PE
Richard E.Turner,P.E. Mark A Hanson,P.E. Daniel J Edgerton,P.E. Robert R.Dreblow,P.E.
Glenn Anderlik & Thomas E.Noyes,P.E. Miicchael T.Rau mann,P.E. Philip J Caswell,P.E. Karen L.W ermeri,PP.E.
Robert G.Schunicht,P.E. Robert R.Pfefferie,RE. Ismael Martinez,P.E. Keith R.Yapp,P.E.
Associates Susan M.Eberlin,C.P.A. David O.Loskota,P.E. Mark D.Wallis,P.E. Charles A.Erickson
Thomas W Peterson,P.E. Thomas R.Anderson,A.I.A. Leo M.Pawelsky
Michael C.Lynch.PE. Gary F Rylander,PE Harlan M.Olson
Engineers & Architects James R.Maland,P.E. Miles B.Jensen,P.E.
Kenneth P Anderson,P.E. L.Phillip Gravel Ill,P.E.
July 17, 1991 '
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317 ,
Attention: Paul Krauss
Re: Chanhassen Water Resources '
Management Plan
Our File No. 39303 '
Dear Paul:
Enclosed are two copies of a Professional Services Agreement between the City of
P �
Chanhassen and Bonestroo, Rosene, Anderlik and Associates and two copies of the scope,
estimated hours, and costs for the Water Resources Management Plan. We are requesting
that the City of Chanhassen approve the enclosed contract and return one signed copy to
us.
This final scope of services for the Water Resources Management Plan includes the work
task described in our proposal dated June 14, 1991 and in our presentation on June 20,
1991. Based on our subsequent discussions with City Staff,we have added the two following
items to the plan scope:
1) Public Education - Add three public meetings and articles for six 1
quarterly newsletters (30 hrs. - Project Manager, 30 hrs. - Scientist).
2) Watershed Parameters - Provide digitized layer of subdistrict and 1
system data over digitized 2'contour maps (110 hrs.-CAD Drafter).
The "not to exceed amount" for the contract, including the above additional work, is
$195,690.
Our scope of services is based on the City of Chanhassen obtaining its 2' contour mapping
in digitized format. We would encourage the City to order this digitizing work immediately.
R . E r.
JUL 1 7 1991
cm( Of- L;rit-kilritiN
2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 '
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' City of Chanhassen July 17, 1991
Mr. Paul Krauss
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On behalf of our project team, I would like to express our sincere appreciation for being
' selected to prepare Chanhassen's Water Resources Management Plan. We look forward to
working with the City Council and Staff on this exciting project.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
7? c // .t.,6
' Robert G. Schunicht
RGS:lk
Enclosures: 2
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CHANHASSAN WATER RESOURCES MANAGEMENT PLAN (WRMP)
SCOPE OF SERVICES SUMMARY
PHASE 1 - PROJECT INITIATION
TASK 1 Organization and Project Initiation
a. Project initiation meeting (review scope and schedule, provide list of needed
data).
b. Selection of WRMP Task Force.
c. Initial Task Force Meeting (review scope and schedule - 1 of 9)
Task 2 - Identify City, County, Regional, State and Federal Agency Requirements.
a. Minnehaha Cree k, Riley-Purgatory-Bluff,Rile -Pur -Bluff Lower Minnesota Watershed
ry
Management Organizations
b. Carver County SCS
c. Metropolitan Council
d. Minnesota Department of Natural Resources
e. Minnesota Pollution Control Agency (MPCA)
1. Minnesota Health Department
g. Minnesota Department of Transportation
h. Minnesota Environmental Quality Board
i. U.S. Army Corps of Engineers
j. Federal Emergency Management Agency
k. Board of Water and Soil Resources
1. U.S. Fish and Wild Life Service
Task 3 - Develop Stormwater Management Planning Objectives.
a. Water quantity design criteria
b. Water quality design criteria
c. Flood protection ,
d. Erosion and sediment control
e. Groundwater recharge
f. Recreation, open space and wildlife habitat
g. Wetlands protection
h. Lake management
i. Others '
Task 4 - Collect and Review Existing Data for Water Resources Inventory.
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' a. Record drawings for existing stormwater management system facilities
b. Aerial photography and contour mapping (City to supply digitized 2' contours)
c. Past studies and reports
d. City Comprehensive Plan (land use)
e. Population and population projections
f. WMO Management Plans
' g. Zoning maps
h. Storm sewer system maps
i. City street.maps
' j. Survey benchmarks
k. Water resources management ordinances
1. Fiscal information
' m. Interviews with City maintenance staff
n. Physical environment data
o. Non-point source data
' p. Studies (by others) of Chanhassan's water resources
' Task 5 - Develop Community Education Program.
4. Present proposal interview for taping and editing by City
b. Prepare water resources newsletters (2 each)
c. Supply underwater video and other video information for taping and editing by
City. Provide narrative for video.
' d. Provide educational pamphlets (1 each)
e. Initiate Secchi disk volunteer program
' f. Provide quarterly City newsletter article (6 each)
g. Conduct public meetings (3)
' PHASE II - MANAGEMENT PLAN DEVELOPMENT
Task 6 - Determine Watershed Hydrologic Parameters.
a. In coordination with the Task Force,identify the critical levels of flood protection
' for which to design, based upon chosen storm duration/return frequencies and in
conformance with Watershed Management Organizations Criteria.
' b. Delineate sub-district boundaries; (20-40 Ac. in size); identify basin inlet and
outlet points.
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c. Layout a preliminary network of stormwater collection, storage and conveyance
facilities for each sub-basin.
1) Utilize routes of existing storm sewers and ditches to the greatest extent
possible
2) Utilize lakes, water courses, wetlands and ponds as required to reduce
peak flows and improve water quality
d. Collect data necessary for storm hydrograph calculations and routing by computer
modeling
1) Runoff characteristics
2) Drainage area boundaries for individual conveyance segments
3) Lengths and slopes for drainage areas
4) Size, length, elevation and slope data on existing stormwater conveyance
facilities
5) Identification of low lands and overflow drainage routes
e. Prepare digitized map of subdistrict boundaries and drainage system over
digitized 2'contour maps
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Task 7 - Develop Wetlands Protection Element
a. Obtain U.S. Fish and Wildlife Service and Mn/DNR data and prepare composite f
on aerial photo/2' contour maps
b. Identify depressional areas and potential wetland basins not previously mapped
c. Complete helicopter flyover and preliminary field evaluation of typical wetlands
d. Develop training session materials
1) Wetlands functions and values
2) Preliminary wetlands evaluation criteria and ranking procedures
e. Conduct training session for WRMP Task Force and City Staff
f. Complete evaluation criteria for ranking procedures
g. Work with Task Force to develop preliminary classification of water bodies
wetlands by desirable use
h. Perform field evaluation of 150 wetlands
i. Adjust wetlands classifications
j. Make recommendations for additional field investigation of wetlands and
subsequent adjustment of classifications and assist City in establishing a strategy
for City Staff to inspect remaining wetlands
k. Prepare digitized wetlands map at 1" = 200' layer over digitized 2 contour maps
and base maps
1. Prepare wetlands protection ordinance with City Attorney assistance and meet
with Planning Commission (3 meetings)
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' Task 8 - Hydrologic and Hydraulic Modeling
a. Perform hydrologic modeling to develop storm hydrographs utilizing data from
Task 6
1) Impervious areas
2) Ultimate land use
3) Soil types, infiltration capacities, antecedent moisture conditions
• 4) Precipitation intensity, duration and frequency curves for one-year, five-
year, 100-year storms
b. Perform hydraulic modeling to size runoff conveyance and detention facilities
1) Subdistricts through system to district outlet
2) District through system to watershed outlets
3) Compute runoff volumes for routing and ponding
4) Utilize detention ponds, water courses and lakes wherever possible to
' minimize size of storm sewers and channels and improve water quality
5) Utilize existing storm sewers as efficiently as possible
•c. Summary design data in electronic spreadsheet form
' 1) Pond storage volume, high water levels and outflows
2) Pipe capacities and sizes •
3) Channel sizes and locations
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Task 9 - Develop Water Quality Element
a. Review existing data on local water quality
' b. Evaluate agency and watershed requirements and design criteria
1) Lake rankings
2) NURP
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c. 3) Walker
WRMP Task Force ranking
d. Select water quality model(s)
1 e. Perform water quality modeling
f. Analyze results of model and review with WRMP Task Force
g. Recommend treatment systems
h. Develop and implement short term monitoring program
i. Recommend near term water quality improvements
j. Complete underwater video of selected lakes (4)
ik. Recommend long term monitoring program
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Task 10 - Prepare CADD Generated System Maps 1
a. City Base Map
1) Property lines,streets,railroads and lakes from plats (City to furnish plats)
2) Lot and block numbers, street names
3) Accuracy to ± 1' depending upon accuracy of available data
4) Compatible with future GIS 1
b. Storm Drainage Area Map
1) Watershed Boundaries 1
2) District Boundaries
3) Subdistrict Boundaries
4) Pond Locations 1
5) Conveyance Facility Locations
c. Storm Drainage System Map
1) Watershed Boundaries 1
2) District Boundaries
3) Conveyance Facility Location Designation and Size
4) Pond Location Designation and Size
5) Intercommunity Flows
d. Water Quality Map
1) Pond and Treatment Facility Location
2) Water Quality Classification
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Task 11 - Develop City Guidelines, Goals and Policies
a. Water quantity management 1
b. Water quality management
c. Planning and developer responsibilities
d. Water bodies, water courses and wetlands
e. Groundwater
f. Erosion and sediment control
g. Flooding
h. Recreation, open space and wildlife management
i. Drainageway maintenance 1
j., Intergovernmental relations and arrangements
k. Developer responsibilities and arrangements
1. Plan administration _ 1
m. Financing of plan implementation
n. Intercommunity flows and watershed requirements
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Task 12 - Prepare Cost Estimate and Capital Improvement Program
a. Estimate the costs of recommended facilities
' b. Duration/level of annual expenditures (1 year increments for 5 years, 5 year
increments for 15 years)
c. Sequencing of construction from outlet to upstream reaches
d. Establish priorities for construction
1) Flood protection
2) Existing system upgrading
' 3) New construction for anticipated new development
4) Major interceptors/outlets, detention ponds
5) Water quality protection, enhancement
6) Wetland acquisition
e. Evaluate funding sources
PHASE III - REPORT PREPARATION AND REVIEW
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Task 13 - Prepare Draft Report
a. Report Text
1) Existing physical conditions
1 2) Design Criteria
3) Rules and guidelines
4) Management system
1 5) Wetland identification and classification
6) Costs
7) CIP
' 8) Monitoring program
9) Implementation Program
b. Design appendices
1) Storm drainage areas
2) Pipe size, location and capacity
3) Pond design data
4) Water quality design data
5) Cost estimates
c. - Mapping
' Task 14 - Conduct a Public Hearing
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Task 15 - City Review of Draft Plan i
Task 16 - Review and Approval of SWMP I
Task 17 - Adoption of the Stormwater Management Plan
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Task 18 - Staff Training I
a. Complete 16 hour training program '
1) Hydro CAD
2) Water Quality Model
3) CADD mapping
4) Electronic spreadsheets
Task 19 - On-Going Involvement I
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CHANHASSEN WATER RESOURCES MANAGEMENT PLAN
DELIVERABLES
Task Deliverable
Task 1 Project Initiation List of Task Force, Meeting Minutes
' Task 2 Identify Agency Requirements Summary of Agency Requirements
Task 3 Develop Objectives Chanhassen's Objectives, Standards
and Criteria
Task 4 Collect and Review Data Index to program data
Task 5 Community Education Water Resources Newsletters (2)
Education Pamphlet (1)
Video tape (interview and underwater
video)
Quarterly newsletter articles (6)
Task 6 Watershed Hydrologic Parameters Subdistrict boundary layer over digitized
2' contours
Task 7 Wetlands Protection Element Digitized Wetlands layer over digitized
2' contour and base maps
Wetlands protection ordinance
Task 8 Hydrologic and Hydraulic Modeling Hydro CAD model of system
Task 9 Water Quality Element Water quality model of system
Short term monitoring program w/recom-
mendations
Underwater video (4 lakes)
Task 10 System Maps CADD Base Map
CADD Drainage Area Map
CADD System Map
CADD Water Quality Map
Task 11 City Guidelines, Goals Final Guidelines, Goals and Policies
' and Policies
Task 12 Cost Estimates and CIP Capital Improvement Program
' Task 13 Prepare draft report Cost Appendix 25 copies of draft report
Task 14 Adoption of WRMP 75 copies of final report
150 copies of Area, System and Water
Quality maps
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Water Resources Management Planning Updates 16-Jul-91
Labor Hours Estimate
Bonestroo Braun Intertec
Principal Project Scientist Senior Word Principal Project Senior Scientist Word
Task Manager /Engineer Drafter Processor Manager Scientist Processor Totals
I. Project Initiation
1. Establish WRMP Task Force 6 6
2. Identify Agency Requirements 2 4 20 26
3. Develop Objectives 4 4 20 28
4. Collect and Review Data 2 6 40 8 20 76
5. Public Education Program 2 50 50 102
II. Management Plan Development
6. Watershed Hydrologic Parameters 2 20 120 110 252
7. Wetlands Protection Element 4 40 12 60 40 360 12 528
8. Hydrologic and Hydraulic Modeling 2 115 290 407
9. Water Quality Model Element 4 75 190 80 20 - 80 449
10. System Maps 2 10 40 760 * 812
11. City Guidelines, Goals, Policies 4 20 10 3 20 57
12. Cost Estimates and CIP 2 10 20 32
III. Report Preparation and Review
13. Draft Report 15 80 80 40 40 20 60 BO 12 427
14. Public Meeting 4 10 5 19
15. City Review of Report 4 20 20 10 10 5 69
16. Review and Approval of WRMP 2 20 20 5 47
17. Adoption of WRMP 2 10 10 10 5 37
IV. Implementation
18. Staff Training 2 40 10 52
19. Ongoing Involvement
Total Estimated Hours 59 540 920 1020 80 15 128 200 440 24 3,426
* Includes 520 hours to develop a CAD/GIS base map.
MI IIIII MIll MINI 1111= MI • MIll 1111111 MI . OM 11111 MI MO IIIII RI MI Ma NM
Water Resources Management Planning
Estimated Costs
Bonestroo, Rosene, Anderlik and Associates
Hourly
Labor Category Hours Rate Amount
' Principal 59 $75.00 $4,425
Project Manager 540 56.00 30,240
Scientist/Project Engineer 920 50.00 46,000
• Senior Drafter 1020' 41.50 42,330
Word Processor 80 27.50 2,200
Subtotal Bonestroo Labor 2,619 Hours $125,195
Braun Intertec
Principal 15 $85.00 $1,275
Project Manager 128 75.00 9,600
Senior Scientist 200 60.00 12,000
Scientist 440 49.00 21,560
Word Processor 24 40.00 960
Subtotal Braun Labor 807 Hours $45,395
Estimated Total Labor 3,426 Hours $170,590
Estimated Expenses
Printing and Reproductions $4,500
Underwater Video 800
Helicopter Survey 1,800
Short-Term Sampling and Testing 18,000
Subtotal Estimated Expenses $25,100
ESTIMATED TOTAL COST $195,690
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Bonestroo, Rosene, Anderlik & Associates, Inc.
2335 West Highway 36
St. Paul, MN 55113
Attn: Mr. Otto G. Bonestroo
Re: Chanhassen Water Resources Management Plan I
Dear Mr. Bonestroo: '
In accordance with Chanhassen City Council action on July 22, 1991, Bonestroo, Rosene,
Anderlik & Associates is authorized to proceed with the preparation of Chanhassen's Water
Resource Management Plan.
The Water Resource Management Plan shall be prepared under the conditions of Bonestroo, ,
Rosene, Anderlik's standard contract with the City of Chanhassen and shall conform to the
attached scope of services. The Plan shall be prepared on a per diem basis with labor costs and
expenses not to exceed $195,690.
Yours very truly,
CITY OF CHANHASSEN
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PROFESSIONAL SERVICES AGREEMENT
Between
CITY OF .CHANHASSEN, MINNESOTA
And
BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC.
THIS AGREEMENT, made and entered into on ,
19 , by and between the City of Chanhassen, Minnesota,
hereinafter called the City, and Bonestroo, Rosene, Anderlik and
Associates, Inc. , hereinafter called the Engineer;
WITNESSETH:
WHEREAS, it is the goal of the City to obtain engineering services
in a cost effective and timely manner; and
WHEREAS, the City desires the Engineer to provide services in
connection with the planning, design and construction of public
works projects; and
' WHEREAS, the City and Engineer deem it mutually advantageous to
set forth the details of their relationship in writing;
NOW, THEREFORE, the parties hereto agree that the following shall
constitute a joint Agreement for engineering services.
' SECTION 1. ENGINEER'S SERVICES
1.1. General
1. 1.1. The City herewith employs the Engineer to perform and the
Engineer herewith agrees to perform the services hereinafter
' described. Nothing in this Agreement shall constitute an
exclusive right of the Engineer to perform engineering services
for the City.
1.1.2. The Engineer will conduct its contact with the City
through the City Administrator in accordance with the adopted
Administrative Code of the City of Chanhassen, Minnesota.
1.1.3. The City may direct the Engineer to provide feasibility
investigations or such other special planning studies as master
plans for City- or area-wide water resources management, storm and
sanitary sewer, water, transportation or traffic control. For any
requested Special Project, the Engineer will provide the City with
a scope of services and a written "not-to-exceed" estimate of the
costs and will not begin work until so authorized by the City.
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1.2. Basic Services for Construction Projects . I
1.2.1. The City may request the Engineer to provide planning,
design, and construction-related services for public improvement 11 projects. A single construction contract shall be deemed a
"Project. "
1.2.2. The Engineer's Basic Services for construction projects 11
shall consist of the Feasibility Report Phase, the Design Phase,
and the Construction Phase. Engineer services during these phases
are described below. I
1.3. Feasibility Report Phase
Upon receipt of the City's authorization to proceed with the
Feasibility Report Phase, the Engineer shall:
1.3.1. Consult with the City to ascertain the City's requirements I
for the Project.
1.3.2. Prepare an engineering feasibility report on the Project.
The report shall indicate the scope of the Project and shall
include the following elements:
1) Summary of preliminary design alternatives and recommendations 1
2) Construction cost estimates
3) Engineering cost estimates based on a percentage of the
construction cost (from the Fee Schedules Al and A2 appended to
this Agreement)
4) List of permits required from other governmental and
administrative bodies
5) Project sketches indicating the general nature of the proposed
Project improvements
6) Proposed funding sources
1.3.3. In sufficient detail to enable the City to make reasonable
judgments thereon, outline the anticipated permanent and temporary
easements and rights-of-way needed for the construction of the
Project.
1.3.4. Submit 15 copies of the Feasibility Report to the City
Administrator five days before review by the City Council.
1.3.5. Using maps and diagrams which depict the nature and
location of the Project, present the data contained in the Report
to the City Council at a public hearing.
1.4. Design Phase ,
Upon receipt of City authorization . to proceed with the Design
Phase, the Engineer shall:
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11 1.4.1. Design and prepare detailed plans and specifications for
the Project. During the consideration and preparation of said
designs, plans and specifications, the Engineer shall periodically
consult with the City to insure that the City's desires with
respect to the Project are being satisfied. Upon completion, the
Engineer shall submit three sets of plans and specifications for
review by the City, five days prior to their review and approval
by the City Council at a public meeting.
1.4.2. Prepare the Contract Documents, which shall include:
' 1) Construction agreement forms
2) Payment and performance bond forms
' 3) General conditions
4) Special provisions
5) Specifications
6) Detailed plans
7) Proposal forms
The Engineer shall furnish Contract Document sets in sufficient
quantity to satisfy the number of anticipated bidders.
1.4.3. Assist the City in preparing applications necessary for
all approvals, permits and licenses from the Minnesota Department
of Transportation, Minnesota Department of Health, Minnesota
Department of Natural Resources, Minnesota Pollution Control
Agency, Watershed Districts, and railroads.
' 1.4.4. Advise the City as to the necessity of obtaining services
in addition to those furnished by the Engineer such as land and
easement surveys, soil borings, testing services and other
information needed for the implementation of the Project. If and
when concurred with and authorized by the City, the Engineer shall
assist the City in procuring these services. Payment will be made
in accordance with Section 2, "Additional Services. "
1.4.5. Prepare a statement of the Engineer's Opinion of the
' Probable Construction Cost for the Project, based upon designs
established to this point.
' 1.4.6. Upon receipt of City Council authorization to proceed, the
Engineer shall assist the City in obtaining and analyzing bids and
shall prepare a recommendation for award of the Construction
Contract.
1.5. Construction Phase
' Upon receipt of City authorization to proceed with the
Construction Phase of the Engineer-designed projects, the Engineer
shall:
1.5.1. Organize, attend and assist the City at the pre-
construction conference with the successful bidder, and any other
parties, bodies, or agencies who have an interest in the Project.
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1.5.2. The Engineer shall make sufficient visits to the Project I
site to observe the progress and quality of the construction work
to determine if the work is proceeding in accordance with the
Contract Documents as required by the City. ,
During visits to the Project location and on the basis of on-site
observation as an experienced and qualified Professional Engineer,
the Engineer shall:
1) Keep the City informed of the progress of the work.
2) Advise the City in writing regarding necessary change orders,
apparent defects, or deficiencies in the work of the
Contractor.
3) Inform the City of Engineer's disapproval of any work which
does not conform to the Contract Documents.
1.5.3. Review the Contractor's request for progress payments,
advise the City in writing as to the Engineer's opinion of the
extent of the work completed in accordance with the terms of the
Construction Contract, and issue for processing by the City, all
Requests for Payment. '
1.5.4. Make recommendations to the City as to all claims relating
to the execution and progress of the construction work.
1.5.5. Notify the City in writing of all permanent work which
does not conform to the standards and specifications of the
construction contract, prepare a written notice to the Contractor
describing any apparent non-conforming work, and monitor the
performance of corrective work.
1.5.6. Issue such additional instructions to the Contractor as
may be necessary to interpret the drawings and specifications or
the illustrated changes required in the Contractor's work.
1.5.7. After discussion with the City, prepare Change Orders for
work not covered by the Contract or for substantial over-run of
estimated "contract quantities" for the City's approval. Change
Orders shall be processed as soon as practical after written
approval thereof has been received by the Engineer from the City.
1.5.8. Conduct construction progress reviews with the Contractor ,
and the City related to the Contractor's date of completion.
1.5.9. Coordinate periodic field tests during the course of
construction.
1.5.10. Conduct in the presence of the City Engineer a final
inspection of the Project as constructed to determine whether it:
1) Conforms with the Engineer's design concept of the Project as
contained in the Contract Documents, and
2) Is constructed in accordance with the Contract Documents.
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11 The Engineer shall prepare a "punch list" for the Contractor,
listing work left to be completed by the Contractor. The Engineer
shall certify a recommendation for acceptance of the work to the
' City and then shall forward to the City a written approval of the
Contractor's Request for Final Payment which shall be signed by
the Contractor.
' 1.5.11. Arrange for the City to receive detailed instructions
regarding the operation and maintenance of any equipment,
machinery or apparatus installed as a part of the Project. Such
' instruction shall be supplied by the Contractor and manufacturers '
representatives, including two certified copies of operational and
maintenance manuals.
' SECTION 2. ADDITIONAL SERVICES
2.1. If authorized in writing by the City, the Engineer shall
' furnish or obtain from others those services which are not covered
under Section 1, "Engineer's Services . " Payment for such services
shall be as provided in Section 4, "Payment to the Engineer. "
"Additional Services" include those services identified in the
following Paragraphs.
2.2. Additional Services include, but are not limited to:
1) Construction inspection by persons other than the Project
Manager
' 2) Construction staking
3) Review and approval of shop drawings and samples
4) Full-time contract administration
5) Construction dispute resolution assistance
6) Preparation of reproducible "Record Plans"
7) Preparation of assessment rolls for projects completed and/or
ready for certification to the County Auditor
8) Attendance at the scheduled assessment hearings to explain the
Project, its cost, and the proposed assessment based on adopted
City policies relating to assessments
' 9) Services required due to significant changes in the design of
the Project or changes in the size, complexity or character of
construction, which occur after approval of the Construction
Documents or after approval of the detailed working plans or
specifications .
2.3. As an Additional Service, the Engineer shall monitor the
' replacement of all such parts of the Project as may be damaged by
fire or other cause during construction and assist the City in
arranging for continuation of the work should the Contractor
' default for any reason.
2.4. As an Additional Service, the Engineer shall review shop
drawings, samples and other submissions of the Contractor solely
for their conformance with the Engineer's design intent and for
conformance with information given in the Contract Documents.
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The Engineer shall not be responsible for any aspects of a shop
drawing submission that affect or are affected by the means,
methods, techniques, sequences and operations of construction,
safety precautions and programs incidental thereto, all of which
are the Contractor's responsibility.
2.5. Reimbursable costs of the Engineer above and beyond those
agreed to herein elsewhere shall include the following items:
1) Transportation and subsistence of principals and employees on
out-of-town trips required for the Project to other locations,
when authorized in advance by the City
2) Long distance telephone calls and telegrams as required to
expedite work of the Contractor
3) Construction stakes
4) Reproduction of drawings and specifications called for in
Section 1 of this Agreement
2.6. As an Additional Service, the Engineer shall prepare to
testify and shall testify as an expert witness for the City in any
litigation or other proceedings involving this Project and shall
otherwise assist the City or its representative in connection with
litigation or other proceedings involving the Project.
2.7. If requested by the City or recommended by the Engineer and
authorized by the City, one or more full-time resident Project
Representatives shall be furnished by the Engineer and directed by
the Engineer in order to provide the City with continuous
representation at the Project site during the Construction Phase.
Such project-resident representation is an Additional Service.
SECTION 3. THE CITY'S RESPONSIBILITIES ,
The City will:
3.1. Provide full information as to its requirements for a
Project.
3.2. Place at Engineer's disposal all available written data '
pertinent to the Project, including existing reports, plats,
surveys, contour mapping, city utility mapping and other data
affecting the design and/or construction of the Project.
3.3. Acquire all land, land surveys, easements and rights-of-way
for the Project. '
3.4. Guarantee access to the Project site and make all provisions
for the Engineer to enter upon public and private lands as
required by the Engineer to perform its services under •this
Agreement.
3.5. Examine all studies, reports, sketches, opinions of probable '
construction costs, specifications, drawings, proposals and other
documents presented by the Engineer and promptly render its
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decisions pertaining thereto. -
3.6. Provide legal review of the Construction Contract Documents
and provide such accounting and insurance counseling services as
are required for a Project.
3.7. Designate a single person to act as the City's
Representative with respect to the Engineer's service to be
performed under this Agreement. Such person shall have complete
authority to transmit instructions, receive information, and
' interpret and define the City's policies and decisions with
respect to service covered by this Agreement, subject to Council
approval when required by law, ordinance, regulation, or policy.
' 3.8. Give prompt written notice to the Engineer whenever the City
observes or otherwise becomes aware of any defect in the Project.
3.9. Furnish, or instruct the Engineer to provide at the City's
expense, necessary Additional Services as provided in Section 2 of
this Agreement or other services as they may be required.
3.10. Furnish to the Engineer, prior to any performance by the
Engineer under this Agreement, a copy of any planning, design and
construction standards which the City shall require the Engineer
to follow in the preparation of Construction Contract Documents
for a Project.
3.11. Act promptly on all construction Change Orders and provide
authorization before Change Orders are issued to the Contractor on
a Project.
SECTION 4. CITY'S PAYMENT TO ENGINEER
' 4.1. Payment for Basic Services
4.1.1. For the Basic Services performed under Section 1,
"Engineer's Services, " City will pay Engineer a percentage of the
' "Construction Cost of the Project, " a fee to be calculated in
accordance with Schedule "Al" or "A2" attached to this Agreement.
Schedule "Al" shall be used to calculate the fee for the following
' types of construction Projects:
1) Buildings
2) Process engineering (eg. , water and wastewater treatment)
3) Projects which require outside funding agency. approval (eg. ,
Mn/DOT Municipal State Aid [MSA] projects)
Schedule "A2" shall be used to calculate the fee for all other
types of construction Projects.
' 4.1.2. "Construction Cost of the Project" is defined as the total
cost of all work designed or specified by the Engineer for the
Project, including change orders, but does NOT include:
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1) Any payments to the Engineer or other Consultants I
2) The cost of the land or right-of-way
3) Other costs which are the responsibility of the City as
provided in Section 3. I
4.1.3. Progress payments to the Engineer shall be made in
proportion to services performed. The compensation for Basic
Services shall amount to the following percentage of the total fee
at the completion of each phase of the work.
4.1.3.1. Upon completion of the Feasibility Report Phase, the
City will pay to the Engineer a sum equal to 20 percent of the
Engineer's fee, based on the Engineer's opinion of probable
construction cost.
4.1.3.2. Upon completion of the Design Phase, the City will pay
to the Engineer a sum equal to 85 percent of the Engineer's fee,
based upon the total amount of the Project (plus any alternates)
designed by the Engineer, whether awarded by the City or not, less
any portion of the fee previously paid.
4.1.3.3. For services rendered in the Construction Phase, the
City will pay to the Engineer a sum equal to 100 percent of the
Engineer's fee, based upon the actual total construction cost of
the Project, less any portion of the fee previously paid.
Payments shall be made monthly, invoiced in direct proportion to
the amount of construction work completed.
4.1.4. Each properly documented and authorized payment due the '
Engineer from the City shall be made within 30 days after City
receipt of the Engineer's invoice.
4.2. Payment for Additional Services
4.2.1. For the preparation of reproducible "Record Plans, " the
City shall pay the Engineer 1/2 percent of the construction cost
of the Project. For all other services performed by the Engineer
under Section 2, "Additional Services, " the City will pay the
Engineer on an hourly basis in accordance with the attached
Schedule "B, " Hourly Billing Rates. These rates are adjusted
annually in accordance with the Engineer's normal salary review
procedures. '
4.2.2. The City will pay the Engineer for the costs of
Reimbursable Expenses as defined in Section 2 on the basis of the
Engineer's cost.
4.2.3. For other extra services not herein provided for, the City
shall pay the Engineer in accordance with the attached Schedule
B
4.2.4. If any work performed by the Engineer is abandoned by the
Contractor or suspended in whole or in part by the City, the
Engineer shall be paid for costs and services performed prior to
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receipt of written notice from the City of such abandonment or
suspension. The Engineer shall also be paid for any terminal
expenses resulting therefrom in accordance with the attached
' Schedule "B. "
4.2.5. Sums due under this Paragraph will be invoiced monthly
during the progress of the work. Each properly documented and
authorized payment due the Engineer from the City shall be made
within 30 days after City receipt of the Engineer's invoice.
4.3. Payment for Special Projects
4.3.1 "Special Projects" are the types of studies and planning
' activities generally described in Paragraph 1. 1.3 and which do not
require detailed design plans and specifications nor construction-
related services . Payment for the Engineer's services shall be
made on an hourly basis in accordance with Schedule "B" plus
reimbursable expenses.
4.3.2. Payment for a Special Project will not exceed the written
' estimate upon which the City based the Special Project's
authorization, provided that no changes are made to the scope of
services upon which the estimate was based.
' 4.3.3. Sums due under this Paragraph will be invoiced monthly
during the progress of the work. Each properly documented and
authorized payment due the Engineer from the City shall be made
' within 30 days after City receipt of the Engineer's invoice.
SECTION 5. GENERAL CONSIDERATIONS
5.1. The Engineer shall act as the City's agent only as provided
' for within this Agreement.
5.2. The Engineer will prepare plans and specifications in a
timely manner, but it is hereby agreed that the Engineer cannot be
' held responsible for delays occasioned by factors which are beyond
his control, or by factors which could not reasonably have been
foreseen at the time this Agreement was prepared and executed.
' If the Engineer discerns that the schedule for a Project shall not
be met for any reason, Engineer shall so notify the City as soon
as practically possible.
5.3. The Engineer's Opinion of Probable Construction Costs is an
opinion only and is supplied as a guide only. Since the Engineer
' has no control over the cost of labor and material or over
competitive bidding and market conditions, the Engineer does not
guarantee the accuracy of such opinion.
' 5.4. During the performance of the services contemplated by this
Agreement, the scope of the Engineer's services as provided in
Section 1 and Section 2, and compensation therefor as provided in
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Section 4, may be adjusted by mutually agreed-upon amendments to
this Agreement.
5.5. No deductions shall be made from the Engineer's compensation
on account of penalty, liquidated damages, or other sums withheld
from payment to Contractors, except as may be determined by
mediation, arbitration, litigation or other dispute resolution
mechanism.
5.6. The Engineer shall not delegate his duties under this
Agreement without the written consent of the City.
5.7. The Engineer agrees to provide to the City, if requested, a
certificate evidencing that the Engineer has in effect with an
insurance company in good standing a professional liability
insurance policy, insuring payment of damages for legal liability
arising out of the performance of professional services for the
City, in the insured's capacity as Engineer, if such legal
liability is caused by error, omission, or negligent act of the
insured or of any person of organization for whom the insured is
legally liable and responsible, to an amount of at least
$1,000,000; and stating that such insurance cannot be cancelled
until thirty days after the City has received written notice of
the insured's intention to cancel the insurance. ,
5.8. The Engineer agrees to provide the City, if requested, a
certificate evidencing that Engineer has in effect a workers
compensation insurance policy.
5.9. Ownership of Instruments of Service
5.9.1. All reports, plans, specifications, field data, field I
notes, laboratory test data, calculations, estimates and other
documents prepared by the Engineer as instruments of service shall
remain the property of the Engineer. Upon completion or
termination of the Project, reproducible copies or microfiche of
the plans and specifications shall be transmitted to the City.
5.9.2. The City shall retain sole ownership of instruments
relating to said Project after six years. Any reuse or adaptation
of these instruments of service occurring after termination of the
Project shall entitle the Engineer to further compensation in
amounts to be agreed upon by the City and the Engineer.
5.9.3. In the event of any use or adaptation by the City after
termination of the Project whereby the drawings and specifications
are revised, altered or otherwise modified by anyone other than
the Engineer, City agrees to defend and indemnify the Engineer
from any claims, damages, costs or expenses (including reasonable
attorney's fees) arising out of any defect or deficiency in the
modified drawings or specifications or in a Project constructed
pursuant to them.
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5.10. Termination
5.10.1. The City or the Engineer may terminate this Agreement for
reasons identified elsewhere in this Agreement or for other
reasons which may arise. In the event that such termination
becomes necessary, the party effecting termination shall so notify
the other party, and termination will become effective 14 calendar
days after receipt of the termination notice.
5.10.2. Irrespective of which party shall effect termination or
the cause therefor, the City shall, within 30 calendar days of
termination, remunerate the Engineer for services rendered and
costs incurred, in accordance with Schedules "Al" and "A2" and
where these schedules are not applicable, in accordance with
Schedule "B. "
5.10.3. Services shall include those rendered up to the time of
termination, as well as those associated with termination itself,
such as demobilizing, modifying schedules, reassigning personnel,
etc. Costs shall include those incurred up to the time of
' termination, as well as those associated with termination and
post-termination activities.
5.11. Dispute Resolution
' 5.11.1 Unless the City and the Engineer mutually agree otherwise,
all claims, disputes, and other matters in question between the
parties to this Agreement, arising out of or relating to this
Agreement or the breach thereof, shall be decided by arbitration
in accordance with the then-most current rules of the American
' Arbitration Association.
5.11.2. The arbitration decision shall be final and binding on
the parties . Pending final decision of a dispute hereunder, the
' Engineer shall proceed diligently with performance of its
responsibilities under this Agreement.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the day and year first above written.
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
sf; '��
By iWIKV: .//
Otto G. .s . - '`roo, Chief Executive Officer I
CITY OF CHANHASSEN, MINNESOTA 1
By I
Donald J. Chmiel, Mayor
And By
(printed name and title)
1
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14 I 111111 I I 1 I VIII I I 1 1 111
Net Construction % From
1111111 Cost Curve A
I13
IIuh1II■I 50,000 13.22
,000
IlIlIU_I 2050,000 19.75
.63
12 500,000 8.52
IIIIIIIIg.I 1 ,000,000
7.53
I ■1111111111011 2,000,000 6.82
4,000,000 6.36
I II1H1II1UI 6,000,000 6,20
8,000,000 6,10
10,000,000 6.03
11111101 20,000,000 5.80
I10
111111111 h!IIIIII1_I I III III
I Q
"III","_11111111_11111111
I i 9 11111 IIIIII 11 1 1 111111111
1, 8 IIIHIIII III ,
I P 111111111 iiuih ' iiiino__. 11111111
■1111110 1111 11 I
111111111 IlIlIIIIiIIIIII 11111111
I 6 hlhlhulll 11111111 1I "IIR11I1lIll
I
11111110 111111110 111 11111E111 1111
: 11111111■I1 VIII 1111 110111 di I III 1111111111111111111 11111 11 1111111
I0.01 0.05 0.1 0.5 I 5 10 50 100
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.
IASCE Manual No.45
IAppendix "A1"
14
I
-' ____- `---`- Net Construction %From -
Cost Curve B
•
-
50,000 10.05 -
_____.__--._-,__..____ -._-, 100,000 9.01 -
250,000 7.81
1
II
2 -- - - -- 500,000 7.00
750,000 6.63
_.__.._- ._._—_.___ 1 ,000,000 6.22
2,000,000 5.75 - II
4,000,000 5.30
I I ----- - ---- 6,000,000 5. 10
8,000,000 5.05
II
---._- ,----------_ 10,000,000 4.97 -
20,000,000 4.88
c 10 I - I - - - - —
d
a.
c
0
C
I
o
co
0.01 0.05 0.1 0.5 1 5 10 50 100
00
Net construction cost, in millions of dollars I
FIG. 2 - CURVE B, MEDIAN COMPENSATION FOR BASIC SERVICES,
I
EXPRESSED AS A PERCENTAGE OF CONSTRUCTION COST FOR
PROJECTS OF AVERAGE COMPLEXITY.
ASCE Manual No.45
I
Appendix "A2" I
I
11 Schedule "B"
1991 Billing Rate Schedule
Labor Classification Hourly Rate
Senior Principal $75 .00
Principal / Project Manager 65.00
Registered Engineer/Architect 56 . 00
' Project Engineer/Architect 50.00
Graduate Engineer/Architect/Field Supervisor 45.00
Senior Draftsperson 41.25
' Senior Technician 38.00
Technician 26 .75
Word Processor 27.25
Clerical / Printing 21.00
Attendance at Regular Council Meeting $50.00/Meeting
' For review of private developers ' plans and inspection of private
work, the above rates will be multiplied by 1.3 to cover
professional liability insurance costs and legal expense.
' These rates are adjusted annually in accordance with the normal
salary review procedures of Bonestroo, Rosene, Anderlik and
Associates, Inc.
Reimbursable Expenses
' * Reproduction, printing, duplicating
* Out-of-pocket expenses such as
field supplies, telephone calls, etc.
* Mileage
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