1h. Professional Agreement with BRW for Lake Drive West k
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4 CITY OF
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1 690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX(612) 937-5739
IMEMORANDUM
TO: Don Ashworth, City Manager
IIFROM: Gary Warren, City Engineer )4
IDATE: March 5 , 1990
SUBJ: Approve Professional Services Agreement with BRW for
Lake Drive West Improvements Project No. 90-1
II
Consistent with consent agenda item lg, the attached professional
II services agreement has been prepared for the firm of Bennet,
Ringrose, Wolsfeld, et al. (BRW) . The attachments to the
agreement tailor the contract to reflect the specifics of the
II Lake Drive West project which the firm was selected for on
February 12, 1990 . Similarly, the fees for service are as
negotiated.
It is therefore recommended that theiattached professional
services agreement for BRW be approved for execution.
II ktm ^dk.
Attachment: Agreement
c: Gary Ehret, BRW - . `
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AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
AGREEMENT made between the CITY OF CHANHASSEN, a Minnesota
municipal corporation ("Owner") , and BRW, INC. ("Engineer") .
Owner and Engineer in consideration of their mutual
covenants agree as set forth below.
SECTION 1. BASIC SERVICES OF ENGINEER
1.1 GENERAL
1.1. 1 Engineer shall provide Owner professional engineering
services in all phases of the 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 and electrical
engineering service and customary architectural service
incidental thereto. Engineer is an independent contractor,
' responsible for means and methods used in performing Engineer's
services pursuant to this Agreement.
1.2 STUDY AND REPORT PHASE
After written authorization to proceed, Engineer shall:
11.2.1 Consult with Owner to clarify and define Owner's require-
ment for the Project, review available data and attend necessary
conferences and be available for general consultation.
1.2.2 Advise Owner as to the necessity of Owner's providing or
obtaining from others data or services of the types described in
paragraph 3.3, and assist Owner in obtaining such data and
services.
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.
1.2.4 Provide analyses of Owner's needs, planning surveys, site
evaluations and comparative studies of prospective sites and
solutions.
1.2.5 Provide a general economic analysis of Owner's require-
ments applicable to various alternatives.
I/ 1.2 .6 The Engineer shall conduct and prepare all preliminary
studies, layouts, sketches, preliminary field work, preliminary
cost estimates, estimates of assessment rates, and shall assist
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the Owner in obtaining all required subsurface investigations as
required for the preparation of the Feasibility Reports. The
Feasibility Reports shall conform to the format presented in
Appendix "A" of this Agreement. The report shall contain
schematic layouts, 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 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 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 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 called "Total Project Costs".
1.2.7 Furnish fifteen (15) copies of the Study and Report 1
documents and review them in person with Owner.
1.2.8 The Engineer shall present the Feasibility Reports to the
proper reviewing agencies and to the City Council. The Engineer
shall appear at the public hearing to present the information.
1.3 PRELIMINARY DESIGN PHASE I
After written authorization to proceed with the Preliminary
Design Phase, Engineer shall:
1.3.1 In consultation with Owner and on the basis of the
accepted Study and Report documents, determine the general scope,
extent and character of the Project; attend necessary conferences
and be available for general consultation.
1.3.2 Prepare Preliminary Design documents consisting of final 11
design criteria, preliminary drawings, outline specifications and
written descriptions of the Project.
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.
1.3.5 Furnish preliminary legal descriptions and exhibits for
all permanent and temporary easements anticipated to construct
the Project.
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1.3.6 Furnish three (3) copies of the above Preliminary Design
1 documents and present and review them in person with Owner.
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
1 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
1 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 revised opinion of
probable Total Project Costs based on the Drawings and Specifi-
cations.
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 to 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
1 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.
1.5 BIDDING OR NEGOTIATING PHASE
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
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maintain a record of prospective bidders to whom Bidding
Documents have been issued, attend pre-bid conferences and I
receive and process deposits for Bidding Documents.
1.5.2 Issue addenda as appropriate to interpret, clarify or 11 expand the Bidding Documents.
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
"Contractor(s) ") for the portions of the work as to which such
acceptability is required by the Bidding Documents.
1.5.4 Consult with and advise Owner concerning and determining
the acceptability of substitute materials and equipment proposed
by Contractor(s) when substitution prior to the award of
contracts is allowed by the Bidding Documents.
1.5.5 Attend the bid opening, prepare bid tabulation sheets and
assist Owner in evaluating bids or proposals and in assembling
and awarding contracts for construction, materials, equipment and
services. i
1.5.6 If the lowest responsible bid exceeds the estimated
construction cost, 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.
1.6 CONSTRUCTION PHASE I
During the Construction Phase:
1.6.1 General Administration of Construction Contract. Engineer I
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 I
behalf of Owner to the extent provided in the General Conditions
except as otherwise provided in writing.
1.6.2 Visits to Site and Inspection of Construction. In 1
connection with inspection of the work of Contractor(s) while it
is in progress:
1.6.2.1 Engineer shall make visits to the site at intervals
appropriate to the various stages 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
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if such is proceeding in accordance with the Contract
Documents and Engineer shall keep Owner informed of the
progress of the work.
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 to enable Engineer to
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.
11 1.6.3 Defective Work. During such visits and on the basis of
such observation, Engineer may disapprove of or reject
Contractor(s) work while it is in progress if Engineer believes
11 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
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
11 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.
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1.6.7 Inspections and Tests. Engineer shall have authority, as
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 Owner and Contractor. Engineer shall act
as initial interpreter 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
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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.
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 1
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 11
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 in
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,
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methods, techniques, sequences or procedures of construction
or safety precautions or programs incident thereto or
Contractor(s) ' compliance with laws, rules, regulations,
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 on 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 if 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 to any
conditions therein expressed) , but any such recommendation and
notice will be subject to the limitations expressed in paragraph
1.6.9.2.
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) ' 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, shall be construed to release Engineer from
liability for failure to properly perform duties and responsi-
bilities assumed by Engineer in the Contract Documents.
1.7 OPERATIONAL PHASE
During Operational Phase, Engineer shall, when requested by
Owner:
1.7.1 Provide assistance in the closing of any financial or
related transaction for the Project.
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1.7.2 Provide assistance in connection with the refining and
adjusting of any equipment or system. I
1.7.3 Assist Owner in training Owner's staff to operate and
maintain the Project.
1.7.4 Assist Owner in developing systems and procedures for
control of the operation and maintenance of and record keeping
for the Project.
1.7.5 Within ninety (90) days after completion of a Project,
prepare a set of reproducible record prints of Drawings showing
those changes made during the construction process, based on the
marked-up prints, drawings and other data furnished by
Contractor(s) to Engineer and which Engineer considered
significant. Final payment will be made only after record
drawings are received by the Owner.
1.7.6 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) concerning
correction of such deficiencies, and make recommendations as to
replacement or correction of defective work.
1.7.7 Assist Owner in preparation of assessment roll for City
improvement projects, and attend assessment hearings. I
SECTION 2. ADDITIONAL SERVICES OF ENGINEER
2.1 SERVICES REQUIRING AUTHORIZATION IN ADVANCE I
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
not included as part of Basic Services except to the extent
provided otherwise by attached amendment and will be paid for by
Owner as indicated in Section 5.
2.1.1 Preparation of applications and supporting documents (in
addition to those furnished 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 performed in acquisition of easements. I
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2.1.3 Verifying the accuracy of drawings or other information
furnished to Owner by others.
2.1.4 Services resulting from significant changes in the general
11 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 renderings or models for Owner's use.
2.1.6 Investigations and studies involving, but not limited to,
detailed consideration of operations, maintenance and overhead
expenses; providing value engineering during the 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.
11 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
11 Section 1.
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.
11 2.1.10 Preparation of operating, maintenance and staffing
manuals to supplement Basic Services under paragraph 1.7.3.
2.1.11 Preparing to serve or serving as a consultant or witness
at Owner's request in any litigation, arbitration or other legal
or administrative proceeding involving the Project (except for
assistance in consultations which is included as part of Basic
Services under paragraphs 1.2.3 and 1.4.2) .
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2.1.12 Additional services in connection with the Project,
including services which are to be furnished by Owner in
accordance with Article 3, and services not otherwise provided
for in this Agreement.
2.2 REQUIRED ADDITIONAL SERVICES I
When required by the Contract Documents in circumstances beyond
Engineer's control, Engineer shall furnish or obtain from others, 11
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 additional 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. i
2.2.3 Services resulting from significant delays, changes or
price increases occurring as a direct or indirect result of
material, equipment or energy shortages.
2.2.4 Additional or extended services during construction made
necessary by (1) work 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 an Contractor.
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.
SECTION 3. OWNER'S RESPONSIBILITIES I
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 representa-
tive with respect to the services to be rendered under this
Agreement, such person shall have complete authority to transmit I
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instructions, 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
I/ without limitation, 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;
3.4.3 Environmental assessment and impact statements;
3.4.4 Property, right-of-way, topographic and utility
surveys;
3.4.5 Property descriptions;
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.
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 decisions pertaining thereto within a
reasonable time so as not to delay the services of Engineer.
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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 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 or order applicable to
their furnishing and performing the work. I
3.9 If Owner designates a person to represent Owner at the site
who is not Engineer or Engineer's agent or employee, the duties,
responsibilities and limitations of authority of such other
person and the affect 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 I
construction, materials, 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, pre-
construction 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 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.
3.14 Furnish, or direct Engineer to provide, Additional Services
as stipulated in paragraph 2.1 of this Agreement or other
services as required.
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3.15 Bear all costs incident to compliance with the requirements
of this Section 3.
SECTION 4. PERIODS OF SERVICE
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
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
11 documents and revised opinion of probable Total Project Costs,
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 Final
Design Phase; and shall deliver Contract Documents and a revised
opinion of probable Total Project Costs for all work of
Contractor(s) on the Project within the agreed period.
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
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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 separate prime
contracts if the Project involves more than one prime contract.
4.8 The Operational Phase will commence during the Construction I
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, extent or character of the Project, 11 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 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 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
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 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 are applicable
to the work under such separate contracts. I
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SECTION 5. PAYMENTS TO ENGINEER
5.1 METHODS OF PAYMENT FOR SERVICES AND EXPENSES OF ENGINEER
5. 1.1 For Basic Services. Owner shall pay Engineer for Basic
Services rendered under Section 1 as follows:
5.1.1.1 The fee for all Basic Services (except services of
Engineer's Resident Project Representative and assistants
furnished under paragraph 1.6.2. 1) shall mean fee equal to a
percentage of the Construction Cost in accordance to the
attached Schedule A. Credits shall be given to the overall
fee for any study and reports prepared by Owner.
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 the project proceeds, the amount
paid for this phase will be deducted from the overall fee
charged.
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.
' 5. 1.2.2 Professional Associates and Consultants. For
services and Reimbursable Expenses of independent profes-
sional associates and consultants employed by Engineer to
render Additional Services pursuant to paragraph 2.1 or 2.2,
the amount billed to Engineer therefor times a factor of 1.0.
5.1.3 For Reimbursable Expenses. In addition to payments
provided for in paragraphs 5.1.1 and 5.1.2, Owner shall pay
Engineer the actual costs of all Reimbursable Expenses incurred
in connection with all Basic and Additional Services.
5.1.4 As used in this paragraph 5.1, the terms "Hourly Costs"
and "Reimbursable Expenses" have the meanings assigned to them in
paragraph 5.4, and the term "Construction Cost" has the meaning
assigned to it in paragraph 6.1. When Construction Cost is used
as a basis for payment it will be based on one of the following
sources with precedence in the order listed for work designed or
tspecified by Engineer:
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5.1.4.1 For completed construction work, the total
construction cost of all work performed as designed or
specified by Engineer.
5.1.4.2 For work designed or specified but not constructed,
the lowest bona fide bid received from a qualified bidder for
such work; or, if the work is not bid, the lowest bona fide
negotiated proposal for such work.
5.1.4.3 For work designed or specified but not constructed I
upon which no such bid or proposal is received, the most
recent estimate of Construction Cost, or if none is
available, Engineer's most recent opinion of probable
Construction Cost.
No deduction is to be made from Construction Costs on account of
any penalty, liquidated damages, or other amounts withheld from
payments to Contractor(s) .
5.2 TIMES OF PAYMENTS I
5.2.1 Engineer shall submit monthly statements for Basic and
Additional Services rendered and for Reimbursable Expenses
incurred. The statements will be based upon Engineer's estimate
of the proportion of the total services actually completed at the
time of billing. Owner shall make prompt monthly payments in
response to Engineer's monthly statements.
/I
5.2.2 Upon conclusion of each phase of Basic Services, Owner
shall pay such additional amount, if any, as may be necessary to
bring total compensation paid on account of such phase to the
following percentages of total compensation payable for all
phases of Basic Services: 1
Phase Percentage
Study and Report 10% 1
Preliminary Design 25%
Final Design 25%
Bidding or Negotiating 5%
Construction 33%
Operational 2%
100%
5.3 OTHER PROVISIONS CONCERNING PAYMENTS
5.3.1 If Owner fails to make any payment due Engineer for
services and expenses within thirty (30) days after receipt of
Engineer's statement therefor, the amounts due Engineer will be
increased at the rate of one percent (1%) per month from said
thirtieth day, and in addition, Engineer may, after giving seven
(7) days' written notice to Owner, suspend services under this
Agreement until Engineer has been paid in full all amounts due
for services, expenses and charges.
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5.3.2 In the event of termination by Owner under paragraph 7. 1
11 upon the completion of any phase of the Basic Services, progress
payments due Engineer for services rendered through such phase
shall constitute total payment for such services. In the event of
such termination by Owner during any phase of the Basic Services,
Engineer will be paid for services actually and necessarily
rendered during that phase by Engineer's principals and employees
engaged directly on the Project, on the basis of Engineer's
hourly costs on Schedule B to date of termination.
In the event of any such termination, Engineer also will be
reimbursed for the reasonable charges of independent professional
associates and consultants employed by Engineer to render Basic
Services, and paid for all unpaid Additional Services and unpaid
Reimbursable Expenses, plus all reasonable termination expenses.
Termination expenses mean additional expenses directly
attributable to termination.
5.3.3 Records of Engineer's Hourly Costs pertinent to Engineer's
compensation under this Agreement will be kept in accordance with
generally accepted accounting principles. Copies will be made
available to Owner at cost on request prior to final payment for
Engineer's services.
5.4 DEFINITIONS
5.4.1 The Hourly Costs used as a basis for payment mean salaries
and wages (basic and incentive) paid to all Engineer's personnel
engaged directly on the Project, including, but not limited to,
engineers, architects, surveyors, designers, draftsmen,
specification writers, estimators, other technical and business
personnel; plus the cost of customary and statutory benefits
' including, but not limited to, social security contributions,
unemployment, workers' compensation, health and retirement
benefits, sick leave, vacation and holiday and other group
benefits. For the purposes of this Agreement, the principals of
Engineer and their Hourly Costs are as shown on Schedule B.
5.4.2 Reimbursable Expenses means the actual reasonable expenses
incurred by Engineer or Engineer's independent professional
associates or consultants, directly or indirectly in connection
with the Project, such as expenses for: transportation and
subsistence incidental thereto; obtaining bids or proposals from
Contractor(s) ; providing and maintaining field office facilities
including furnishings and utilities; subsistence and
transportation of Resident Project Representatives and their
assistants; toll telephone calls and telegrams; reproduction of
reports, Drawings, Specifications, Bidding Documents, and similar
Project-related items in addition to those required under Section
1; and, if authorized in advance by Owner, overtime work
requiring higher than regular rates.
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SECTION 6. CONSTRUCTION COST AND OPINIONS OP COST
6.1 CONSTRUCTION COST I
The construction cost of the entire Project (herein referred to
as "Construction Cost") means the total cost to Owner of those
portions of the entire Project designed and specified by
Engineer, but it will not include indirect costs such as
Engineer's compensation and expenses, the cost of land, rights-
of-way, or compensation for or damages to, properties unless this
Agreement so specifies, nor will it include Owner's legal,
accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the
Project or the cost of other services to be provided by others to
Owner pursuant to paragraphs 3.7 through 3.11, inclusive.
(Construction Cost is one of the items comprising Total Project
Cost which is defined in paragraph 1.2.6) .
6.2 OPINIONS OF COST
6.2.1 Since Engineer has no control over the cost of labor, I
materials, equipment or services furnished by others, or over the
Contractor(s) methods of determining prices, or over competitive
bidding or market conditions, Engineer's opinions of probable
Total Project Costs and Construction Cost provided for herein are
to be made on the basis of Engineer's experience and
qualifications and represent Engineer's best judgment as an
experienced and qualified professional engineer, familiar with
the construction industry; but Engineer cannot and does not
guarantee that proposals, bids or actual Total Project or
Construction Costs will not vary from opinions of probable cost
prepared by Engineer.
6.2.2 If a Construction Cost limit is established by a written 1
agreement between Owner and Engineer and specifically set forth
in this Agreement as a condition thereto, the following will
apply: I
6.2.2.1 The acceptance by Owner at any time during the Basic
Services/Additional Services of a revised opinion of probable
Total Project or Construction Costs in excess of the then
established cost limit will constitute a corresponding
revision in the Construction Cost limit to the extent
indicated in such revised opinion.
6.2.2.2 Any Construction Cost so established will include a
contingency of ten percent (10%) unless another amount is
agreed upon in writing.
6.2.2.3 Engineer will be permitted to determine what types
of materials, equipment and component systems are to be
included in the Drawings and Specifications and to make
reasonable adjustments in the general scope, extent and
character of the Project to bring it within the cost limit.
-18- 1
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6.2.2.4 If the Bidding or Negotiating Phase has not
commenced within six (6) months after completion of the Final
Design Phase, the established Construction Cost limit will
not be binding on Engineer, and Owner shall consent to an
adjustment in such cost limit commensurate with an applicable
change in the general level of prices in the construction
industry between the date of completion of the Final Design
Phase and the date on which proposals or bids are sought.
6.2.2.5 If the lowest bona fide proposal or bid exceeds the
established Construction Cost limit, Owner shall (1) give
written approval to increase cost limit, (2) authorize
negotiating or rebidding the Project within a reasonable
time, or (3) cooperate in revising the Project's general
_ scope, extent or character to the extent consistent with the
11 Project's requirements and with sound engineering practices.
In the case of (3) , Engineer shall modify the Contract
Documents as necessary to bring the Construction Cost within
' the cost limits. In lieu of other compensation for services
in making such modifications, Owner shall pay Engineer,
Engineer's cost of such services, all overhead expenses
reasonably related thereto and Reimbursable Expenses, but
without profit to Engineer on account of such services. The
providing of such service will be the limit of Engineer's
responsibility in this regard and, having done so, Engineer
shall be entitled to payment for services in accordance with
this Agreement and will not otherwise be liable for damages
attributable to the lowest bona fide proposal or bid
' exceeding the established Construction Cost.
SECTION 7. GENERAL CONSIDERATION
7.1 TERMINATION
The obligation to provide further services under this Agreement
may be terminated by either party upon thirty (30) days' written
notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of
the terminating party.
7.2 REUSE OF DOCUMENTS
All documents including Drawings and Specifications prepared or
furnished by Engineer (and Engineer's independent professional
associates and consultants) pursuant to this Agreement are
instruments of service in respect of the Project and the Owner
will be provided with original record drawing copies for
information and reference in connection with the use and
occupancy of the Project by Owner and others; however, such
documents are not intended or represented to be suitable for
reuse by Owner or others on extensions of the Project or on any
other project. Any reuse without written verification or
adaptation by Engineer for the specific purpose intended will be
at Owner's sole risk and without liability or legal exposure to
I/ -19-
Engineer, or to Engineer's independent professional associates or
consultants, and Owner shall indemnify and hold harmless Engineer
and Engineer's independent professional associates and
consultants from all claims, damages, losses and expenses
including attorney's fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle Engineer to
further compensation at rates to be agreed upon by Owner and
Engineer.
7.3 INSURANCE i
7.3.1 Engineer shall secure and maintain such insurance as will
protect Engineer from claims under the Worker's Compensation Acts
and from claims for bodily injury, death, or property damage
which may arise from the performance of services under this
Agreement. I
7.3.2 Professional Liability Insurance. The Engineer agrees to
provide to the Owner a certificate evidencing that they have in
effect, with an insurance company in good standing and authorized
to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damages for legal
liability arising out of the performance of professional services 11 for the Owner, in the insured's capacity as Engineer, if such
legal liability is caused by an error, omission, or negligent act
of the insured or any person or organization for whom the insured
is legally liable. Said policy shall provide minimum limits of
$1,000,000 with a deductible maximum of $250,000; and shall state
that such insurance cannot be cancelled until thirty (30) days
after the Owner has received written notice (upon request) of the
insurer's intention to cancel this insurance.
7.4 INDEMNIFICATION I
Engineer shall indemnify, defend and hold harmless Owner and its
officials, agents and employees from any loss, claim, liability
and expense (including reasonable attorney's fees and expenses of
litigation) arising from, or based in the whole, or in any part,
on any negligent act or omission by Engineer's employees, agents
or consultants. I
7.5 CONTROLLING LAW
This Agreement is to be governed by the laws of the State of '
Minnesota.
7.6 SUCCESSORS AND ASSIGNS I
7.6.1 Owner and Engineer each is hereby bound and the partners,
successors, executors, administrators and legal representatives
of Owner and Engineer (and to the extent permitted by paragraph
7.6.2, the assigns of Owner and Engineer) are hereby bound to the
other party, to this Agreement and to the partners, successors,
-20- 1
executors, administrators and legal representatives (and said
11 assigns) of such other party, in respect of all covenants,
agreements, and obligations of this Agreement.
7. 6.2 Neither Owner nor Engineer shall assign, sublet or
transfer any rights under or interest in (including, but without
limitation, monies that may become due or monies that are due)
' this Agreement without the written consent of the other, except
to the extent that any assignment, subletting or transfer is
mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under
this Agreement. Nothing contained in this paragraph shall prevent
Engineer from employing such independent professional associates
and consultants as Engineer may deem appropriate to assist in the
performance of services hereunder.
7.6.3 Nothing under this Agreement shall be construed to give
any rights or benefits in this Agreement to anyone other than
Owner and Engineer, and all duties and responsibilities
, undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of the Owner and Engineer and not for the
benefit of any other party.
7.7 COPYRIGHT
7.7.1 Copyright or Patent Infringement. Engineer shall defend
actions or claims charging infringement of any copyright or
patent by reason of the use or adoption of any designs, Drawings
or Specifications supplied by him, and he shall hold harmless the
Owner from loss or damage resulting therefrom.
7.8 ARBITRATION
L 7.8.1 All claims, counterclaims, disputes and other matters in
question between the parties hereto arising out of or relating to
this Agreement or the breach thereof will be decided by
arbitration in accordance with Construction Industry Arbitration
Rules of the American Arbitration Association then obtaining,
subject to the limitations and restrictions stated in paragraphs
7.8.3 and 7.8.4 below. This Agreement so to arbitrate and any
other agreement or consent to arbitrate entered into in
accordance herewith as provided in this paragraph 7.8 will be
specifically enforceable under the laws of the State of
' Minnesota.
7.8.2 Notice of demand for arbitration must be filed in writing
' with the other parties to this Agreement and with the American
Arbitration Association. The demand must be made within a
reasonable time after the claim, dispute or other matter in
question has arisen. In no event may the demand for arbitration
be made after the date when institution of legal or equitable
-21-
U
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of 11 limitations.
7.8.3 All demands for arbitration and all answering statements
thereto which include any monetary claim must contain a statement
that the total sum or value in controversy is alleged by the
party making such demand or answering statement is not more than
$50,000 (exclusive of interest and costs) and the arbitrators
will not have jurisdiction, power or authority to render a
monetary award in response thereto against any party which totals
more than $50,000 (exclusive of interest and costs) . The
arbitrators will not have jurisdiction, power or authority to
consider, or make findings (except in denial or their own
jurisdiction) concerning any claim, counterclaim, dispute or
other matter in question where the amount in controversy of any
such claim, counterclaim, dispute or matter is more than $50,000
(exclusive of interest and costs) .
7.8.4 No arbitration arising out of, or relating to, this 11
Agreement may include, by consolidation, joinder or in any other
manner, any person or entity who is not a party to this
Agreement.
7.8.5 By written consent signed by all the parties to this
Agreement and containing a specific reference hereto, the
limitations and restrictions contained in paragraphs 7.8.3 and
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 1
8.1 The following exhibits are attached to and made a part of
this Agreement:
8.1.1 Schedule A "Fee Schedule for Basic Services".
8.1.2 Schedule B "Per Diem Hourly Rate Schedule for I
Additional Services"
I
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I
8.1.3 Schedule C "Additional Information BRW Prepared for
Lake Drive Services"
8.1.4 Appendix A - Feasibility Report Outline
I 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 cancelled 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.
OWNER: ENGINEER:
ICITY OF CHANHASSEN BRW, INC.
' BY: BY:
Donald J. Chmiel, Mayor Its
AND
Don Ashworth, City Manager
' ADDRESS FOR GIVING NOTICES: ADDRESS FOR GIVING NOTICES:
' 690 Coulter Drive, Box 147
Chanhassen, MN 55317 700 Third Street South
Minneapolis, MN 55415
11
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II •
Project: Lake Drive West
r CP 90-1
SCHEDULE B
The Engineer shall bekpaid ana hourly rate multiplier.based on the salary cost of
each person performing the
For the performance of engineering services the City of Chanhassen
' agrees to pay the Engineer, and the Engineer agrees to accept in full payment involved
in
therefor, a sum equal the lcost
laborfadditivesomultipliedlby a factor of
the work plus the current applicable
2.00.
The salary cost for each employee shall be determined based upon the actual
labor cost of the employee plus direct labor additives as determined by the
' latest audit of BRW by the State of Minnesota. Direct labor additives will
include payroll taxes, payroll insurance costs, vacation pay, sick leave, holi-
days and retirement plans. (1990 rates shall be based upon the 1988 audited
rate of 1.45.) The multiplier shall be 2.0 times the salary cost of the
employee. This multiplier applied to the salary cost is considered to cover the
Engineer's cost for rent, utilities, office goverhead, equipment overhead, legal
and accounting costs, plus a
I
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I
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M
CURRENT RATE SCHEDULE II
CLASSIFICATION HOURLY RATE II
Principal $120.00 II 67.50
Senior Professional 62.50
II
Professional II 50.00
Professional I 40.00 ,
Senior Managing Technician • 58.00
Senior Technician 37.50 II
Technician III 32.50 ,
Technician II 30.00
Technician I 22.50 II
Administration 21.00
3-Person Survey Crew
90.00 ,
2-Person Survey Crew 70.00
II
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April 1, 1989 to April 1, 1990
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PLANNING
TRANSPORTATION•
ENGINEERING
'4'`f � r::.t ;' URBAN DESIGN
'.!_ di,c:. %+'!'. - PHONE 612 3;00;00 FAX 6+2 370.13'E
I ;1 INC THRESHER SQUARE
700 THIRD STREET SOUTH • IANNEAPQUS.s,INI.�ESOTA 55:15
. _ . - - SCRECULE C
I MEMORANDUM
IIDATE: February 5, 1990
I 7O: Gary Warren, PE
FROM: Gary A. Ehret, PE,4--
II RE: Additional
Proposalnform
BRW Services
Lake Drive
I
Additional clarification of our proposal for services is warranted.
II Specifically, I would like to elaborate on the project schedule, and our esti-
mate of fees.
#1 Project Schedule
I _ We understand that it is the desire of
to meet this
constructed in 1990. While BRW will II i nd
to the east schedule, past experience on tesethatDrive
this schedule m _ay be overaambi-
other similar projects indicates
The schedule we identified in our Wroposaltprojected ahe issues
construction start of about August 15th.
relevant to the project, and in particular, the normal statutory trution
I • requirements of the 429 process, on early
start realistic.
11 - - Of particular concern to us t11ttheffinal hplat eisonearly complete. We
proceed with final design until
proceeded on other projectbasedrionopreliminary plate approval ;
I however, it potentially increases
- cost significantly should the final plat change from the preliminary
plat.
With this concern in mind, we have assumed
public hearingjphasecimne1e pro-
ceeding with the feasibility study and
diately, assuming that the developer will be proceeding throughetheas
' City process with the plat at the same time.
not started this process yet, allowing canpstartafinaledesig�eeks
IIbefore a final plat will be av ailable
MINNEAPOLIS DENVER
PHOENIX TUCSON St PETERSBURG
Gary Warren
February 5, 1990
Page 2
II
concern relative to the schedule nis based viupon antassumed dway
Oat other fall start. While our i ,
late men summer/early
it does appear that a significant
ent indicates few soil problems of the magnitude we experienced-
on the (CP 88-22) , i I
on the Lake Drive project ( Given the wet
over optimum of earthwork soils ypicallyrfound inithisoarea�of Chanhassen,n a
wet fall dlay eoils top
wet fall could offer significant complications to completion
pro-Sect in the fall. made to complete as I
we feel that every effort should/can be ma
In summary, however, we also feel that
guarantees
that II
it of the project an eon the this year; the final
if a fall not pl prudent on the pwetrecommendi hat ataminim m for 19ina
of a fail completion. Further,
project completion including wear course should be scheduled
prof II
#2 BR_s
definition of our project fees are warranted. The factors.
Further ht forward, with minimal
appears to be straight
Therefore, two fee structures can be used. II
A. Fe
asibilit Stud /Plans and S ecifications
II
The feasibility study and plans and specifications can be
the project. We propose the '
completed on a fixed fee basis.t We propose a fee curve be used
based upon the construction cost ro pct.
attached curve as the basis of our fixed fees fixed r this project.
be
Using a Thus, our cost fee will .00 x such as design-
6X. Thus, our estimated fee elude be direct expenses x 6% s II
$54�OOp•-pp. This does not in
related soil borings or permit fees.
#3 Surve in !Construction Man- eg_ment and construction contract admi-
Survey needs, construction hourtycbasisan We would estimate a budget for
this on an
This II
_ his roject based upon a construction cost It doestt►ot.includt P
assumes a full-time inspection during Thus, our estimated fee will ch
ssociated with any necessary construction-related testing which
would a another Consultant
would be provided by
be: $900,000.00 x 8% a 72 000.00. I
Unless t consulting services would be necessary, such as right-of-
wayacuisi specialty y
acquisition or Corps of Engineers permits, our project fees would be sum-
marized acqui ,
marized by these two items.
II
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Gary Warren
February 5, 1990
IIPage 3
Fee
Summary
1. Feasibility Study/Plans and Specifications 54,000.00
72,000.00
2. Construction/Surveying
Total Fee: $126,000.00
I 900
(These are based upon a 00 construction cost.)� ,
For hourly work (#2) we attached our Aprilp1�y1990.
category. This rate sch edule
I hope this information clarifies look forward to discussing proposal.
' part of your team on this project and oo
you.
' GAE/sk
Attachments
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APPENDIX "A"
FEASIBILITY REPORT OUTLINE I
I. COVER ,
A. Project Number
B. Brief Project Description and Location ,
C. Date
D. Engineering Firm Preparing Report
E. Professional Engineer's Certification 1
II. REPORT
A. Project History
1. Feasibility Report Initiation '
a. Petitions Received
b. Dates of City Council Action
2. Previous Reports with Estimated Costs
3. Previous Action ,
B. Description of Construction Elements
1. Sanitary Sewer I
2. Watermain ,
3. Storm Sewer
4. Streets 1
5. Etc.
a. Alternates for Each Element I
b. Details Unique to the Project
1) Constraints ,
2) Effects on Overall Systems
3) Alternatives
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C. Maintenance Impact
1. Unusual Maintenance Requirements
' 2. Operations and Maintenance Cost of Alternates
D. General Estimated Costs
1. Breakdown of Each Element (project to time of
construction)
' a. Sanitary
b. Watermain
c. Etc.
' E. Right-of-Way and Easements
' 1. General Description and Possible Easements
2. Cost Estimates for Easements
' F. Financing
1. Special Assessments
2. State Aid
3. County Aid
' 4. Effects on City Accounts
' a. Sanitary Sewer Trunk Account
b. Water Trunk, Source and Storage Accounts
' G. Projected Timetable
1. Public Hearing
' 2. Plans and Specifications
3. Advertising Requirements
' 4. Bid Receipt Date
5. Anticipated Construction Schedule
6. Anticipated Assessment Date
' H. Non-Petitioning Properties Affected
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I. Estimated Assessments
1. Rates I
2. Maps and Drawings Showing Benefited Areas
3. Legal Descriptions of Benefited Area as Required by
State Statute for Public Hearing Notice
4. Preparation of "Preliminary Assessment Roll"
5. Assessment Analysis for Typical Property I
J. Controversial Aspects
1. Unusually High Assessment Rates 1
2. Buildable/Non-buildable Property Involved
3. Percentage Petitioned/Non-petitioned '
K. Conclusion
1. Statement
L. Recommendations I
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APPENDIX HEM
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) .
' 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 Engineer's agreement with the Owner and in
the construction Contract Documents, and are further limited and
described as follows:
' A. GENERAL
RPR is Engineer's agent at the site, will act as directed by
' and under the supervision 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
1 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. Schedules. Review the progress schedule, schedule of
Shop Drawing submittals and schedule of values prepared
by Contractor(s) and consult with 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.
ra. Serve as Engineer's liaison with Contractor(s) ,
working principally through Contractor(s) '
superintendent and assist in understanding the intent
of the Contract Documents; and assist Engineer in
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serving as Owner's liaison with Contractor(s) when
Contractor(s) ' operations affect Owner's on-site
operations.
b. Assist in obtaining from Owner additional details or
information, when required for proper execution of
the work.
4. Shop Drawings and Samples. '
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by '
Contractor(s) , and notify Engineer of availability of
samples for examination.
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. '
5. Review of Work, Rejection of Defective Work, Inspections
and Tests. ,
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.
b. Report to Engineer whenever RPR believes that any
work is unsatisfactory, faulty or defective or does
not conform to the Contract Documents, or has been
damaged, or does not meet the requirements of any
inspection, test or approval required to be made; and
advise Engineer of work that RPR believes should be
corrected or rejected or should be uncovered for
observation, or requires special testing, inspection
or approval. '
c. Verify that tests, equipment and systems start-ups
and operating and maintenance training are conducted
in the presence of appropriate 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.
d. Accompanying visiting inspectors representing public
or other agencies having jurisdiction over the
Project, record the results of these inspections and
report to Engineer.
6. Interpretation of Contract Documents. Report to Engineer
when clarifications and interpretations of the Contract
Documents are needed and transmit to Contractor(s)
clarifications and interpretations as issued by Engineer.
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7. Modifications. Consider and evaluate Contractor(s) '
suggestions for modifications in Drawings or
Specifications and report with RPR's recommendations to
Engineer. Transmit to Contractor(s) decisions as issued
by Engineer.
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, Change Orders, Field Orders,
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 site, weather conditions, data
' relative to questions of Work Directive Changes,
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.
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.
b. Consult with Engineer in advance of scheduled major
tests, inspections or start of important phases of
' the work.
c. Draft proposed Change Orders and Work Directive
Changes, obtaining backup material from Contractor(s)
and recommend to Engineer 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
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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 work, verify that certificates,
maintenance and operation manuals and other data required
to be assembled and furnished by Contractor(s) are
applicable to the items actually installed and in
accordance with the Contract Documents, and have this
material delivered to Engineer for review and forwarding
to Owner prior to final payment for the work. '
12. Completion.
a. Before Engineer issues a Certificate of Substantial ,
Completion, submit 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. ,
c. Observe that all items on final list have been
completed or corrected and make recommendations to
Engineer concerning acceptance.
C. LIMITATIONS OP 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.
5. Shall not advise on, issue directions regarding or assume
control over safety precautions and programs in
connection with the work.
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6. Shall not accept Show Drawing or sample submittals from
anyone other than Contractor(s) .
7. Shall not authorize Owner to occupy J 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.
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