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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, &2::::A C-� Blaine J. Marion PIONEER ENGINEERING, P.A. BJM:bmd Enclosures K\projects MeinTmjmts Mein -1 South OIBce@013\113355 Gelpin Boulevard Cemdm [City of Che�ssm]]Chmhessmj\113355 Gelpin Boulevard Cemnery Exhibit A B3M 2 Daembm 2013.doc 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 J uccoumww.nst mrmacrrowasct>arxco�mous to comrucnncamffiar 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 iuccov,+rwmwnucomswcrroausco+rxai.corromoasromuraraincrsmmn PIl'ZL E...x ttuvnc[ NEERengineering NNBP I �azz Enr[rPn:. o.rva MN SSIlO CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS Iaa lPhanfi t51161-9081fi5181-1091a 8 wwPlonee.en9_�om 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 I WH SECREEARY1m( NRI ComiumB Cm"m wok and Slurry CPtlu PI NEE 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