2021-16CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: April 26, 2021 RESOLUTION NO: 2021-16
MOTION BY: Campion SECONDED BY: McDonald
A RESOLUTION AWARDING A CONSULTANT AGREEMENT FOR MATERIALS
TESTING ON THE 2021 CITY PAVEMENT REHABILITATION PROJECT NO.20-05
WHEREAS, pursuant to a request for proposals for Project No. 20-05 (2021 City Pavement
Rehabilitation Project), three proposals were received and evaluated that complied with the request
for proposal:
Bidder
Qp9lLe Amount
WSB & Associates
$52,443.50
Braun Intertec
$66,510.00
American Engineering and Testing
$72,467.00
WHEREAS, it was evaluated by Staff that WSB & Associates had the lowest responsible
quote and best met the scope of the request for proposals. A consultant contract amount of
$55,000.00 is recommended to be awarded to allow for minor revisions to unit price testing
quantities during construction to facilitate not needing to approve a contract revision;
NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council:
1. The mayor and clerk are hereby authorized and directed to enter into a consulting
agreement with WSB & Associates in the name of the City of Chanhassen for the materials
testing services for the 2021 City Pavement Rehabilitation Project No. 20-05 according to
the proposal and the plans and specifications on file in the office of the City Engineer.
Passed and adopted by the Chanhassen City Council this 26�h day of April, 2021.
ATTEST:
Laurie Hokkanen, City Manager
YES
Ryan
McDonald
Campion
Rehm
Schubert
Elise Ryan, Mayor
NO ABSENT
PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 25th day of March, 2021, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City") and WSB & ASSOCIATES, INC. DBA WSB
"Consultant").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS
FOLLOWS:
1. SCOPE OF SERVICES. The City retains Consultant for Construction Materials Testing
Services.
2. CONTRACT DOCUMENTS. The following documents shall be referred to as the
"Contract Documents," all of which shall be taken together as a whole as the contract between the parties as if
they were set verbatim and in full herein:
A. This Professional Services Agreement;
B. Request for quote — Construction Materials Testing Services dated 7/7, 2020;
C. Insurance Certificate;
D. Consultant's MARCH 26, 2021 proposal for Construction Materials Testing
Services ("Proposal").
In the event of conflict among the provisions of the Contract Documents, the order in which they are listed
above shall control in resolving any such conflicts, with Contract Document "_A" having the first priority and
Contract Document "D" having the last priority.
3. COMPENSATION. Consultant shall be paid by the City for the services described in the
Proposal a not to exceed fee of Fifty -Five Thousand Dollars (Dollars $ 55,000, inclusive of expenses. Services
performed directly by Consultant shall be paid at an hourly rate in accordance with the Proposal, subject to the
not to exceed fee. The not to exceed fees and expenses shall not be adjusted if the estimated hours to perform
a task, the number of required meetings, or any other estimate or assumption is exceeded. Consultant shall
bill the City as the work progresses. Payment shall be made by the City within thirty-five (35) days of
receipt of an invoice.
4. DOCUMENT OWNERSHIP. All reports, plans, models, diagrams, analyses, and
information generated in connection with performance of this Agreement shall be the property of the City.
The City may use the information for its purposes. The City acknowledges that all reports, plans, models,
diagrams, analyses, and information generated in connection with performance of this Agreement are
created solely for the specific project covered by this Agreement and may not be suitable for reuse on other
projects. The City also acknowledges that reuse of the reports, plans, models, diagrams, analyses, and
information generated in connection with performance of this Agreement without the written verification
or adaptation by Consultant will be done at the City's sole risk and without liability to Consultant.
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5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in
advance and in writing by the City. No payment will be due or made for work done in advance of such
approval.
6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder,
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services
to be provided.
7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and
diligence in the performance of the services as is ordinarily possessed and exercised by a professional
consultant under similar circumstances. No other warranty, expressed or implied, is included in this
Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant's
services.
8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers,
agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and
attorney's fees, arising out of or by reason of the execution or performance of the services provided for herein
and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose
of asserting any claim of whatsoever character arising hereunder.
9. INSURANCE. Consultant shall secure and maintain such insurance as will protect
Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for
bodily injury, death, or property damage which may arise from the performance of services under this
Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability $2,000,000 each occurrence/aggregate
Automobile Liability $2,000,000 combined single limit
Professional Liability $2,000,000 each claim/aggregate
The City shall be named as an additional insured on the general liability policy on a primary and non-
contributory basis. Before commencing work, the Consultant shall provide the City a certificate of insurance
evidencing the required insurance coverage in a form acceptable to City.
10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent
contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City
and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the
means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and
incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that
Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or
employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible
under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment
compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts,
or taxes are required to be paid by law or regulation.
11. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided
under this Agreement without the express written consent of the City. Consultant shall comply with
Minnesota Statutes § 471.425. Consultant must pay subcontractors for all undisputed services provided by
subcontractors within ten (10) days of Consultant's receipt of payment from City. Consultant must pay
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interest of one and five -tenths percent (1.5%) per month or any part of a month to subcontractors on any
undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment
for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00).
12. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed
in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall
be in the District Court of the State of Minnesota for Carver County Minnesota.
13. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply
with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data
provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used,
maintained, or disseminated by Consultant pursuant to this Agreement. Consultant is subject to all the
provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of
Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request
to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the
release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify,
and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from
Consultant's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors'
unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or
termination of this Agreement.
14. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any
copyright or software license by reason of the use or adoption of any software, designs, drawings or
specifications supplied by it, and it shall hold harmless the City from loss or damage resulting therefrom.
15. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires,
or the Consultant desires, the use of any design, devise, material or process covered by letters, patent or
copyright, trademark or trade name, the Consultant shall provide for such use by suitable legal agreement
with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement
is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all claims
for infringement by reason of the use of any such patented designed, device, material or process, or any
trademark or trade name or copyright in connection with the services agreed to be performed under the
Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that
result from any such infringement.
16. RECORDS. Consultant shall maintain complete and accurate records of hours worked and
expenses involved in the performance of services.
17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein,
without the written consent of the other party.
18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter
hereof, as well as any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid
only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
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20. TERMINATION. This Agreement may be terminated by the City for any reason or for
convenience upon written notice to the Consultant. In the event of termination, the City shall be obligated
to the Consultant for payment of amounts due and owing including payment for services performed or
furnished to the date and time of termination.
Dated: , 20_. CITY OF CHANHASSEN
BY:
Elise Ryan} Mayor
BY:
Laurie Hokkanen, City Manager
Dated: April 7th 12021
BY:
Its Director of Construction Services- Metro, Principal
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