Pioneering Engineering Proposal for Surveying Services 12-26-2013PI NEERengineering
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
December 26, 2013
EXHIBIT A
Ms. Alyson Fauske
Assistant City Engineer
City of Chanhassen
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
RE: GALPIN BOULEVARD CEMETERY EXPANSION
Chanhassen, Minnesota
P.E. Job #113355
Dear Ms. Fauske:
MENDOTA HEIGHTS
CORPORATE OFFICE
2422 Enterprise Drive
Mendota Heights. MN 55120
phone (651)681-1914
fax (651) 681-9488
CITY OF C4 :Pd 1Aa8EN
RECENED
ENGINEERING DEPT,
In response to your request, Pioneer Engineering, P.A. (hereinafter called PIONEER) has prepared this
proposal for surveying services for your project located in Chanhassen, Minnesota for the City of
Chanhassen (hereinafter called CLIENT).
A. Surveying Services
1. Prepare Certificate of Survey
Show parcel boundary dimensions and area (only easements provided by CLIENT shall be
shown)
TOTAL COST FOR SECTION A-1 $ $1,800.00
2. Prepare Topographic Survey
a. Use above Certificate of Survey as a base.
b. Collect and show topographic information on the easterly 75 +- feet of the proposed
Cemetery expansion.
c. Collect and show topographic information along existing driveway from center of Galpin
Boulevard and extending to the easterly 75+- feet of property.
d. Locate significant trees within topo area.
e. Locate existing markers at the northeast corners of the most easterly grave groupings.
TOTAL COST FOR SECTION A-2 $ 2,000.00
3. Install monuments (a total of 40)
a. Place monuments at the northeast comer of each proposed grave grouping.
b. Monuments shall be installed when there is no frost in the ground.
c. CLIENT shall provide the monuments.
d. PIONEER assumes these monuments will be similar to monuments typically set at
property corners and that they are a type which can be driven into the ground with a mall.
TOTAL COST FOR SECTION A-3 $ 1,900.00
ASSUMPTIONS:
1. The CLIENT shall provide copies of the deeds to the properties to be surveyed.
2. The CLIENT shall provide copies of any easements that will be shown on the survey.
Ms. Alyson Fauske
Assistant City Engineer
City of Chanhassen
P.E. Job #113355
Page 2 of 2
EXHIBIT A
3. PIONEER shall have the right to rely on information contained in documents provided by the
CLIENT.
4. Any additional work will be billed hourly at our enclosed rates.
COMPENSATION
The above services for Section A will be provided at for an estimated price of $5,700.00. All work will be
billed monthly, and is due and payable upon receipt. All invoices outstanding thirty (30) days or more
from date of billing will be assessed a finance charge (interest) at the rate of 1.50% per month. Any work
on this project in 2014 or later will be subject to an increase of 5% per year.
EXTENT OF AGREEMENT
This Agreement, the attached General Conditions to Contract/Agreement for Professional Services,
the attached Fee Schedule and Contract represent the entire and integrated agreement between the Owner
and the Engineer. This Agreement can only be amended by written instrument, signed by both the Owner
and Engineer.
We greatly appreciate the opportunity of being considered for this proposal and look forward to being able
to assist you with your project. We are able to commence work immediately upon written notice. If the
above prices and conditions are satisfactory, please indicate acceptance by signing the enclosed Contract.
Please call me at (651) 251-0621 if you have any questions.
Sincerely,
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Blaine J. Marion
PIONEER ENGINEERING, P.A.
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Enclosures
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GENERAL CONDITIONS TO CONTRACT/AGREEMENT
FOR
PROFESSIONAL SERVICES
SECTION 1. SCOPE OF WORK
1.1 PIONEER ENGINEERING, P.A. (Hereinafter called PIONEER) shall perform the services defined in the contract/agreement, and shall invoice the CLIENT for those
services at the rates shown on the attached FEE SCHEDULE. For extended projects, the billing rates may increase on January 1st or each year at an annual rate not to
exceed 10%. Any estimate of cost to the CLIENT as stated in the contractlagreement shall not be considered as a firm figure, but only as an estimate, unless otherwise
specifically stated in the comma/agreement PIONEER will provide additional services under the contract/agreement as authorized by the CLIENT and requested by th
CLIENT with charges for those additional son!= invoiced at the stated rates. PIONEER shall, upon written request, provide estimates for construction costs.
Conshmetion cost estimates shall not be considered as a firm figure, but only as an estimate.
SECTION 2. RESPONSIBILITIES
2.1 PIONEER will not be responsible for the failure of others to perform in accordance with the specifications of contract/agreement documents, and PIONEER services sh
in no way relieve others of their responsibilities.
2.2 CLIENT will make available to PIONEER all known information regarding existing and proposed conditions of the site and project to be undertaken. CLIENT will
immediately provide PIONEER with any new information which becomes available to it or its contractors which differs materially from information previously provide
including all changes in plans. PIONEER has the right to rely on the information contained in documents provided by the CLIENT.
SECTION 3. ESTIMATED COST
3.1 PIONEER will endeavor to perform the work and accomplish the objectives defined in the scope of work within the estimated costs for services provided and schedule
proposed. The estimated costs for services provided and schedule proposed are based on our judgment of the requirements known at the time of the proposal. Success;
completion within cost and schedule limits can be influenced - favorably or adversely - by changes in work scope and schedule as dictated by CLIENT needs and
unforeseen circumstances. PIONEER will notify the CLIENT in advance if schedule or costs for services provided are expected to exceed the estimate. In such event, t
CLIENT may wish to (1) authorize additional funds to complete the work as originally defined, (2) redefine the scope of work in order to fit the remaining funds, or (3)
request that work be stopped at a specific expenditure level. If option 3 is chosen, PIONEER will share materials completed at the authorized level without further
obligation or liability to either party except for payment for work performed.
SECTION 4. PAYMENT, INTEREST AND BREACH
4.1 CLIENT agrees to pay invoice(s) on rcccipt, and to pay interest on unpaid balances beginning thirty days after invoice date at the rate of 1.5% per month, but not to exc
the maximum rate established by law.
4.2 In the event CLIENT fails to pay PIONEER within 60 days following the invoice date, PIONEER may consider the default a total breach of the contract/agreement and
may, at its discretion, terminate all of its duties without liability to PIONEER or others.
4.3 CLIENT agrees to pay all costs incurred in collecting the debt, including all attorney fees.
SECTION 5. INSURANCE
5.1 PIONEER will fumish certificates of insurance upon request If the CLIENT requests increased insurance coverage, PIONEER will take out additional insurance, if
obtainable, at the CLIENT'S expense, but shall have no liability beyond the limits and conditions of the insurance coverage.
SECTION 6. LIMITATION OF LIABILITY
6.1 In the event PIONEER is held liable for damages, the total cumulative liability of PIONEER, its affiliates, and their respective directors, officers, employees, agents and
subcontractors shall not exceed IDDO/ of the gross compensation received by PIONEER, as its The under the contact/agreement to a maximum of $20,000.00.
6.2 CLIENT agrees to notify all contractors and others who may perform work in connection with the project of the limitation of liability contained in Section 6. 1, and to
require as a condition precedent to performing work, the acceptance of a like limitation of liability in favor of PIONEER In the event CLIENT fails to obtain a like
limitation of liability, CLIENT agrees to indemnify PIONEER from and against all liability to contractors and others in excess of the limitation amount
6.3 In the event CLIENT does not wish to limit PIONEER'S liability, PIONEER agrees to waive the limitation provided for in section 6.1 upon written notice from CLIEW
received within five (5) days after the date the contract/agreement is executed, and CLIENT agrees to pay additional. consideration equivalent to ten (10) percent of
PIONEERS gross compensation for the project, such consideration to be called a Waiver of Limitation of Liability Charge. This charge will in no way be construed as
being a charge for insurance of any type but will be increased consideration for the greater risk involved in performing work for which there is no limitation of liability.
SECTION 7. STANDARD OF CARE
7.1 In performing it's services, PIONEER will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of it's profession
practicing in the same locality. No other warranty is trade or intended.
SECTION 8. LIEN RIGHTS
8.1 PIONEER hereby gives notice that, pursuant to Minnesota Statute Chapter 514, and as stated in the contract, it retains the right to file a lien against real property in the
event of rum -payment of invoices for engineering, landscape architecture, surveying, planning or environmental services performed with respect to the subject property.
The lien will be prepared and filed in accordance with pertinent laws of the State of Minnesota
SECTION 9. CONSEQUENTIAL DAMAGES
9.1 Neither PIONEER nor CLIENT will be liable to the other for any indirect, incidental, special or consequential damages (including loss of anticipated profits, business
intcruption or good will of other economic or commercial loss) relating to the services rendered.
General Conditions to Contract/Agreement for Professional Services Page 1 of 2 Revised April 2013
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SECTION 10. TERMINATION
10.1 Either PIONEER or CLIENT may terminate the cont act/agmement by giving fourteen (14) days written notice to the other party. In the event of such termination, for
whatever cause, the CLIENT shall pay PIONEER the costs that PIONEER has incurred to the effective date of termination, including any obligation, commitments, pr(
rata overhead, profit and unsettled claims plus any charges due and owing by the CLIENT as of the date of termination to include reasonable termination expenses. Up
payment, any and all obligations and liabilities of the parties hereto shall terminate.
SECTION 11. OWNERSHIP OF DOCUMENTS
11.1 The original Drawings and Specifications as instruments of the service are, and shall remain, the property of PIONEER, whether the project for which they are made is
executed or not PIONEER is not to reuse these drawings, or any part thereof for any other client that PIONEER may have, without the written approval of the CLIEN
These drawings are not to be used by the CLIENT on other projects or extensions to this project except by agreement in writing and with appropriate compensation m
PIONEER.
11.2 The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless PIONEER from any claim, liability, or cost resulting from unauthorized use
of the drawings or documents by the client or my persons or entities that acquires or obtains the drawings or documents from or through the client without written
authorization from PIONEER
SECTION 12. RELATIONSHIP OF PARTIES
12.1 PIONEER will act solely as an independent contractor of the CLIENT and not as the CLIENT agent for any purpose. Neither PIONEER nor the CLIENT may enter int
any agreement or assume any obligation for the other, and nothing herein may be construed to establish any partnership, joint venture or principal -agent relationship
between PIONEER and the CLIENT.
SECTION 13, FORCE MAJEURE
13.1 PIONEER will have no liability for any failure to perform or delay in performance due to any circumstances beyond reasonable control, including but not limited to,
strdces, riots, wars, fire, flood, explosion, acts of nature, acts of government, labor disputes, delays in transportation or inability to obtain material or equipment In the
event of any delay in performance due many such circumstances, the time for performance will be extended by a period of time necessary to overcome the effect of suc
delay, and the CLIENT will not be entitled to refuse performance or otherwise be relieved of any obligations.
SECTION 14. SUCCESSORS AND ASSIGNS
14.1 The CLIENT and PIONEER each binds itself its successors, assigns and legal representatives to the other party of the contractlagreement and to the successors, assigns
and legal representatives of such other party with respect to all provisions of the contract/agreement Neither the CLIENT nor PIONEER shall assign, set over or transfe
his interest in the contract/agreement, in whole, or in part, without the prior written consent of the other, and any act in derogation hereof shall, at the option of the non -
assigning party, render the written contractlagreement terminated.
SECTION 15. ARBITRATION
15.1 All claims, disputes and other matters in question arising out of or relating to, the contracUagmcment or the breach thereof shall be decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise in writing. This
agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law in the State of Minnesota Notice of the demand for arbitration shall be filed
in writing with the other party to the contractlagreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the
claim, dispute or other matter in question has arisen. In no event, shall the demand for arbitration be made atter the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitation. Arbitration will not limit PIONEER'S
mechanic's lien rights.
15.2 The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Arbitration of claims arising from the contract/agreement shall not be consolidated with any other arbitration proceedings except by written consent of the parties.
SECTION 16. ENTIRE AGREEMENT
16.1 The CLIENT'S engagement of PIONEER to perform work represents the CLIENT'S acceptance of the terms and conditions contained herein, which constitute the entire
understanding between PIONEER and the CLIENT and supersede any previous communication, representations or agreements by either parry, whether oral or written.
The terms and conditions contained herein take precedence over the CLIENT'S additional or different terns and conditions that may be contained in any purchase order,
work order, invoice, gate pass, acknowledgment form, manifest or other document forwarded by the CLIENT to PIONEER to which notice of objection is hereby given.
Unless otherwise agreed to in writing by an officer of PIONEER, the CLIENT'S engagement of PIONEER is limited to these terms and conditions. PIONEER'S
commencement of performance will not be deemed or construed as acceptance of the CLIENT'S additional or different terms and conditions.
16.2 No change of any of the term or conditions herein will be valid or binding on either party unless in writing and signed by the owner or an officer of the CLIENT and by
an officer of PIONEER If any of the provisions hereof are invalid under any applicable statute or sale of law, such provisions are, to that extent, deemed omitted, but the
remaining terms and conditions of the contmcl/agreement will remain otherwise in effect There are no understandings, agreements, representations or warranties,
express or implied, that aro not specified herein respecting the subject hereof.
SECTION 17. APPLICABLE LAW
17.1 The contractlagreement shall be governed by the laws of the State of Minnesota
SECTION 18. EEO/AA
18.1 PIONEER is an Equal Employment Opportunity/Affirmative Action Employer.
General Conditions to CommWAgreement for Professional Services Page 2 of 2 Revised April 2013
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FEESCHEDULE
Revised 1-01-2013
STAFF TYPE HOURLY RATE
200 CLERICAL STENO $50.00
300
PRINCIPAL ENGINEER
$130.00
310
SENIOR ENGINEER
$125.00
320
PROJECT ENGINEER II
$115.00
330
PROJECT ENGINEER I
$100.00
340
ENGINEER TECHNICIAN V
$95.00
350
ENGINEER TECHNICIAN IV
$90.00
360
ENGINEER TECHNICIAN 111
$85.00
370
ENGINEER TECHNICIAN II
$80.00
380
INSPECTOR IV
$95.00
390
INSPECTOR III
$90.00
391
INSPECTOR/GPS
$105.00
400
PRINCIPAL PLANNER
$130.00
405
SENIOR PLANNER
$115.00
410
PLANNER 111
$105.00
420
PLANNER H
$95.00
430
PLANNER I
$90.00
440
PLANNER TECHNICIAN 11
$85.00
450
PLANNER TECHNICIAN I
$80.00
460
LANDSCAPE ARCHITECT HI
$115.00
470
LANDSCAPE ARCHITECT II
$90.00
480
WETLAND SPECIALIST IH
$115.00
481
WETLAND SPECIALIST II
$90.00
482
WETLAND SPECIALIST I
$80.00
490
ENVIRONMENTAL TECHNICIAN 11
$90.00
491
ENVIRONMENTAL TECHNICIAN I
$80.00
495
ARBORIST 1
$90.00
500
PRINCIPAL SURVEYOR
$130.00
510
SENIOR SURVEYOR
$125.00
520
SURVEYORII
$115.00
530
SURVEYORI
$110.00
539
1 MAN SURVEY CREW
$110.00
540
2 MAN SURVEY CREW
$140.00
550
3 MAN SURVEY CREW
$186.00
560
GPS/SURVEY CREW
$180.00
571
SURVEYOR COMPUTER TECHNICIAN V
$95.00
572-
SURVEYOR COMPUTER TECHNICIAN IV
$90.00
573
SURVEYOR COMPUTER TECHNICIAN III
$85.00
574
SURVEYOR COMPUTER TECHNICIAN H
$80.00
580
PREVAILING WAGE - 1 MAN SURVEY CRE
$130.00
581
PREVAILING WAGE -2 MAN SURVEY CRE
$185.00
582
PREVAILING WAGE - 3 MAN SURVEY CRE
$256.00
EXPERT WITNESS - COURT/DEPOSITION
2 x HOURLY RATE
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CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CONTRACT
MENDOTA HEIGHTS
CORPORATE OFFICE
2422 Enterprise Drive
Mendota Heights, MN 55120
phone (651) 681-1914
fax (651) 681-9488
www.pioneereng.oam
PHONE:
CITY:
•
WORK TO BE PERFORMED AND SPECIAL INSTRUCTIONS
BASIS FOR FEE CHARGED: ( ) PERCENTAGE OF CONSTRUCTION ( ) HOURLY RATES
(X) AS PER EXHIBITS/ATTACHMENTS ( ) AS PER INSTRUCTIONS
Unless agreed in writing, payment for all invoices shall be due net 30 days, after which interest shall be added at a rate of 1.5%
per month to the unpaid balance. Pioneer Engineering, P.A. may stop work progress, file a lien to protect debt, bring suit, or take
any other action available to collect the debt if invoices are not paid. Client agrees to pay all costs incurred in collecting the debt.
FIRM NAME (If a business):
SIGNED BY (Signature):
TITLE OR POSITION:
DISTRIBUTION: IST COPY —RETURN TO PIONEER ENGINEERING;
DATE SIGNED
PY — CLIENT C
PI $NEERengineering
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CONTRACT
PROJECT NO.: 113355 EX A
MENDOTA HEIGHTS
CORPORATE OFFICE
2422 Enterprise Drive
Mendota Heights, MN 55120
phone (651) 681-1914
faz(651)681-9488
www.pioneereng.com
Chanhassen
ORDERED BY:
WORK TO BE PERFORMED AND SPECIAL INSTRUCTIONS
FOR PROFESSIONAL
MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
BASIS FOR FEE CHARGED: ( ) PERCENTAGE OF CONSTRUCTION ( ) HOURLY RATES
(X) AS PER EXHIBITS/ATTACHMENTS ( ) AS PER INSTRUCTIONS
Unless agreed in writing, payment for all invoices shall be due net 30 days, after which interest shall be added at a rate of 1.5%
per month to the unpaid balance. Pioneer Engineering, P.A. may stop work progress, file a lien to protect debt, bring suit, or take
any other action available to collect the debt if invoices are not paid. Client agrees to pay all costs incurred in collecting the debt.
FIRM NAME (If a business):
SIGNED BY (Signature):
TITLE OR POSITION: DATE SIGNED _
DISTRIBUTION: 1sT COPY —RETURN TO PIONEER ENGINEERING; 2 COPY —CLIENT COPY