HomeMy WebLinkAbout01.08.07 Work Session Packet
City of Farmington
325 Oak Street
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promising future.
AGENDA
CITY COUNCIL WORKSHOP
JANUARY 8, 2007
5:30 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVE AGENDA
3. REVIEW CONSULTANT CONTRACTS
4. TOPICS FOR FUTURE WORKSHOPS
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5. ADJOURN
PUBLIC INFORMATION STATEMENT
Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding. hypothetical and unofficial critical thinking exercises,
which do rwt reflect an official public position.
Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only
official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor and Councilmembers
FROM: Peter J. Herlofsky, Jr.
SUBJECT: Consultant Contracts
DATE: January 5,2007
The information to be discussed at the workshop schedule for January 8, 2007 is provided in this
packet. In the weekly mailing I reminded Councilmembers to bring the document that was presented
at the December 4,2006 Council meeting outlining the fees for November 2006 on the large
spreadsheet. Additional information that is provided is as follows:
1. The Bonestroo/Farmington Services Agreement which was effective January 3,2005
2. The Letter from Bonestroo noting the 2007 rates
3. The City of Rose mount's rates and agreements with WSB for engineering services
4. Apple Valley's rate schedule for 2007.
5. Bill summaries for the month of November and December from Bonestroo.
6. Evaluation for Bonestroo which they have used with other clients.
7. Two samples of evaluations for City Attorney services that have been provided by Joel
J amnik.
Please review the information provided and if there are any questions or additional information that is
needed, please give Cindy or I a call. Please remember to bring your spreadsheet information
that was distributed on December 4, 2006.
ReSLd:~
Peter J. Herl0~' Jr.
City Administrator
CMuller/Herlofsky/Council Memos/Consultant Contracts
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PROFESSION1L SERVICES AGREEMENT
Between
THE crrly OF FARMINGTON
I And
BONESTROO, ROSEN~, ANDERLlK & ASSOCIATES, INC.
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This is an Agreement, effective on ,J ,,-':; <C~ '- 3' 2005, between the City of
Farmington ("City"), and Bonestroo, RoSe ,Ande & Associates, Inc., a Minnesota corporation,
("Engineer"), for professional engineering s rvices as well as for professional services in the planning,
design and construction of public works and pecial projects.
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General I
The City intends to retain the Engine~r to provide services to the City as specified in this section.
The City reserves the right to retain of hers to perform engineering services for the City.
Basic Services for Construction P~
For construction projects, the Enginebr will provide the "Basic Services" described in Appendix A.
Each engagement of the Engineer by the City or each construction project shall be referred to as
a "Project." Basic Services for const~ction projects consists of two phases:
SECTION 1. ENGINEER'S SERVICES
1.1.
1.2.
1.3.
1) Design Engineering Phase ,
a. Feasibility Study / Report I
b. Final Design I
2) Construction Engineering Phase j
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Supplemental Services r
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For construction projects, Engi~eer will provide "Pre-authorized Supplemental Services"
identified in Appendix B, Section .~ .
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If authorized in writing by the city, the Engineer will furnish "Other Potential Supplemental
Services" that are identified in APFendiX B, Section 2.
If authorized by the City for pJvate development projects, the Engineer will furnish the
Supplemental Services identified ~n Appendix S, Section 3.
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1.3.1.
1.3.2.
1.3.3.
Other Investi ations. Studies and e orts
The City may direct the Engineer lto provide services not related to a construction project
("Special Studies"). Examples of SPtCial Studies include: traffic studies; transportation studies;
feasibility investigations, studies an reports; sanitary sewer, water, and stormwater system
master plans; environmental assess ents, worksheets or impact statements; and rate studies.
For Special Studies, the Engineer w II provide the City with a written scope of services and an
estimate of the costs, and will not be~in work until authorized by the City.
1.5 In-house EngineerinQ Personnel
1.4.
The Engineer shall provide the City with in-house engineering personnel as outlined in Appendix
E, "Special Service Provisions," as may be modified in writing by the parties from time.to-time.
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SECTION 2. THE CITY'S RESPONSIBILITIES
The City is responsible for all matters described in Appendix C.
SECTION 3. COMPENSATION
3.1. Payment for Basic Services
3.1.1. For Design Engineering Basic Services, the City will pay the Engineer as set forth in
Appendix D.
3.1.2. For Construction Engineering Basic Services, the City will pay the Engineer on an hourly
basis according to the rates in Appendix F.
3.2. Payment for Supplemental Services
3.2.1. For the preparation of reproducible "Record Plans," the City will pay the Engineer Yz percent
of the Construction Cost of the Project when such Cost is greater than $100,000. For the
preparation of reproducible Record Plans when the Construction Cost of the Project is less
than $100,000, the City will pay the Engineer on an hourly basis according to the rates in
Appendix F.
3.2.2. For all other Supplemental Services described in Appendix B, Sections 1 and 2, and for other
services not provided for in this Agreement, the City will pay the Engineer on an hourly basis
according to the rates in Appendix F,
3.2.3. For Supplemental Services for private development projects, the City will pay the Engineer on
an hourly basis according to the rates in Appendix G.
3.3. Payment for Special Studies
The City will pay the Engineer for these services as agreed upon by the parties, either on a lump
sum basis or on an hourly basis according to the rates in Appendix F.
3.4. Payment for In-house Personnel
The Engineer agrees to provide General Engineering to the City with two full-time personnel for a
monthly not-to-exceed retainer of $8,900. The retainer will be reviewed and revised on a yearly
basis as agreed upon by the City and the Engineer. The DPW/CE position (as defined in Exhibit
E) will provide approximately 75% of the General Engineering and 75% of the retainer will be
allocated to the DPW/CE. A civil engineer will provide approximately 25% of the General
Engineering and 25% of the retainer will be allocated to the civil engineer. The space and
materials for these positions are provided by the City. These two individuals may also perform
project work under paragraphs 1.1. - 1.4 pursuant to compensation under paragraphs 3.1 - 3.3.
3.5
Payment for Reimbursable Expenses
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In addition to engineering fees, the City will pay the Engineer for Reimbursable Expenses on the
basis of the Engineer's cost plus 5%. Although not a complete list, examples of Reimbursable
Expenses include: the costs of plotting drawings and the reproduction of drawings and
specifications; project-specific printing, duplicating, tabs and indexes; testing; mileage; travel and
per diem expenses of the Engineer for out-of-town trips required for a Project; long distance
telephone calls and faxes as required to expedite the work; the costs for cellular phone
calls/service for Engineer's field personnel on a Project; project photographs taken before and
during construction; construction stakes; postage and delivery charges; any new taxes, fees or
costs imposed on the Engineer's services (such as sales taxes) after the date of this Agreement;
and out-of-pocket expenses incurred directly for a Project.
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3.6. ProQress Payments
The City will make progress payments to the Engineer in proportion to services performed, as
reasonably estimated by the Engineer. The Engineer will invoice the City monthly during the
progress of the work. The City shall pay each properly documented invoice of the Engineer within
30 days after the City's receipt of such invoice. The City may not reserve as retainage any portion
of a payment due under this Agreement.
3.7. Obiections to Invoices/No Deductions
It is important for the Engineer to be promptly informed of problems. If the City objects to any
portion of an invoice, the City shall notify the Engineer in writing within twenty days of the
invoice's receipt. The City agrees to pay any undisputed portions of an invoice. No deductions
shall be made from the Engineer's compensation on account of penalty, liquidated damages. or
other sums withheld from payment to contractors, except as may be determined by mediation,
arbitration, litigation or other dispute resolution mechanism to which the Engineer is a party.
3.8. Suspension of Work
If the City fails to make payments when due or otherwise breaches this Agreement, the Engineer
may suspend work after providing five days notice to the City. The Engineer will not be liable for
any costs or damages resulting from such a suspension of work.
3.9. Interest/Collection Costs
The City agrees to pay the Engineer 1% per month interest on all invoices of the Engineer, with
interest beginning to accrue 30 days after the date of the invoice. If the Minnesota Prompt
Payment Act (Minn. Stat. S471.425) requires a higher rate of interest, that rate shall apply. If the
City fails to pay Engineer all amounts owing pursuant to the terms of this Agreement, the City
agrees to pay all costs of collection, including reasonable attorney's fees, in addition to all other
amounts due under this Agreement.
SECTION 4. GENERAL CONSIDERATIONS
4.1. Standard of Care
The Engineer shall exercise the same degree of care, skill and diligence in the performance of its
services as is ordinarily exercised by a members of the profession under like circumstances.
Nothing in this Agreement, or otherwise prepared as a result of the Project. shall modify the
foregoing standard of care. The Engineer shall not be required to sign any documents that would
result in it having to certify, guarantee or warrant the existence of conditions whose existence the
Engineer cannot ascertain.
4.2. Delays
Both the Engineer and the City will put forth reasonable efforts to complete their respective duties
in a timely manner. Because the Engineer's performance must be governed by sound
professional practices, the Engineer is not responsible for delays occasioned by factors beyond
its control or that could not reasonably have been foreseen at the time of preparation of this
Agreement.
4.3.
Opinions of Costs and Schedules
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Since the Engineer has no control over the cost of labor and material or over competitive bidding
and market conditions, the Engineer's Opinion of Probable Construction Cost and of Project
schedules can only be made on the basis of experience or qualifications as a professional
engineer. The Engineer does not guarantee that proposals, bids, actual Project costs or
construction schedules will not vary from Engineer's opinions or estimates. If the City desires
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greater assurance as to the anticipated Construction Cost of the Project, the City shall employ, or
instruct the Engineer to provide as a Supplemental Service, an independent cost estimator.
4.4. Insurance
4.4.1. The Engineer agrees to maintain a professional liability insurance policy for negligent acts,
errors or omissions in an amount of at least $3,000,000 per claim and $4,000,000 annual
aggregate, on a claims-made basis, as long as such insurance is reasonably available under
standard policies at rates comparable to those currently in effect. The Engineer will not
cancel the insurance until thirty days after providing the City written notice.
4.4.2. The Engineer shall maintain:
1) Statutory workers compensation and employers' liability insurance coverage.
2) Comprehensive general liability and automobile liability insurance coverage in the sum of
not less than $1,000,000 each.
4.4.3. The City shall require Contractor to purchase and maintain general liability and other
insurance as specified in the contract documents and to cause the Engineer and its
consultants to be listed as additional insureds with respect to such liability and other
insurance purchased and maintained by Contractor for the Project.
4.5. Use of Instruments of Service
Documents (including Digital Data) prepared by the Engineer, such as drawings, specifications
and reports ("Engineering Documents") are instruments of the Engineer's professional services,
and not products, The Engineering Documents are prepared for a specific Project, and may not
be used by the City for other Projects. For health and safety reasons, the City agrees it will not
use the Engineering Documents (except for computer hydraulic or hydrologic modeling data) for
other purposes or provide them to other persons. If the City violates this provision, it waives any
resulting claims against the Engineer, and agrees to defend and indemnify the Engineer from any
resulting claim or liability (including reasonable attorneys' fees).
4.6. DiQital Data
4.6.1. If included in Basic or Supplemental Services and as a convenience to the City, the Engineer
will furnish the City with electronic data versions of certain drawings or other written
documents ("Digital Data") provided in hard copy form. In the event of any conflict between a
hard copy document and the Digital Data, the hard copy document governs. The Digital Data
shall be prepared in the current software in use by the Engineer and is not warranted to be
compatible with other systems or software.
4.6.2. Any Digital Data submitted by the Engineer to the City is submitted for an acceptance period
of 60 days ("Acceptance Period"). Any defects that the City discovers during this period and
reports to the Engineer will be corrected by the Engineer at no extra charge. For correction of
defects reported to the Engineer after the Acceptance Period, the City shall compensate
Engineer on an hourly basis at Engineer's normal billing rates. The City understands that the
Digital Data is perishable and the City is responsible for maintaining it.
4.7. Termination. Suspension or Abandonment
4.7.1. The City or the Engineer may terminate or suspend this Agreement for substantial non-
performance by the other party, including without limitation the failure to make payments in
accordance with this Agreement. The party terminating or suspending this Agreement shall
give seven days written notice to the other party.
4.7.2. If the Project or the Engineer's services are suspended for more than 90 days, the Engineer
may terminate this Agreement upon seven days written notice to the City, The Engineer shall
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have no liability on account of a suspension by the City. If a Project is reinstated, an equitable
adjustment to the Engineer's compensation may be necessary.
4.7.3. In the event of termination or suspension permitted by this Agreement or abandonment of the
Project by the City, the City shall compensate the Engineer for services performed prior to
termination, suspension or abandonment and for services directly attributable to the
termination, suspension or abandonment itself, together with Reimbursable Expenses. If the
City properly terminates Engineer for cause, the City may withhold from Engineer's
compensation those damages directly attributable to the cause of the termination.
4.8. Dispute Resolution
4.8.1. In an effort to resolve any conflicts that arise out of the services under this Agreement, all
disputes between the City and the Engineer arising out of or relating to this Agreement shall
be submitted to nonbinding mediation prior to commencing arbitration or litigation. The
Mediator's fee shall be shared equally and mediation shall proceed only at a place where
arbitration or litigation is proper. Mediation shall not be a condition precedent to arbitration or
litigation if a party refuses to make reasonable arrangements for a mediation within 20 days
of demand by the other party. If a dispute relates to or is the subject of a lien arising out of the
Engineer's services, the Engineer may proceed in accordance with applicable law to comply
with the lien notice or filing deadlines prior to resolution of the matter by mediation or
arbitration.
4.8.2. Unless the City and the Engineer mutually agree otherwise, all claims, disputes, and other
matters in question arising out of or relating to this Agreement which are not resolved by
mediation and where the amount in controversy is less than $1,000,000, shall be decided by
binding arbitration in accordance with the then-most current Construction Industry Rules of
the American Arbitration Association. The arbitrators will not have jurisdiction, power or
authority to consider any claim or dispute: (a) where the amount in controversy is more than
$1,000,000 (exclusive of interest and costs); (b) when the demand for arbitration is made
after the date when a court action would be barred by any applicable statute or period of
repose or limitations; or (c) when the claim or dispute is a claim for contribution or indemnity
arising out of a claim by a third party who does not consent to joinder in arbitration.
4.8.3. In the event of litigation or arbitration arising from or related to the services provided under
this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred,
including staff time, court costs, attorney's fees and other related expenses.
4.8.4. If the Engineer or the City intends to assert a claim against the other as a result of a dispute
with a third party, the claiming party shall notify the other party as soon as possible, and in
any event prior to resolving the dispute with the third party.
4.8.5. So that any claims of the City may be intelligently addressed by the Engineer, the City agrees
to make no claim for professional negligence against the Engineer unless the City has first
provided the Engineer a written certification signed by an independent design professional
licensed in Minnesota and currently practicing in the same discipline. The certification shall
specify every act or omission of the Engineer that is a violation of the applicable standard of
care and the basis for the certifier's opinion(s). This certificate shall be provided no fewer than
30 days prior to instituting arbitration or suit.
4.8.6. Causes of action between the Engineer and the City relating to acts or failures to act shall be
deemed to have accrued and the applicable statute of limitations shall commence to run not
later than the date of substantial completion of a Project.
4.9. Hazardous Substances
The Engineer's scope of services does not include any services related to hazardous or toxic
materials, including asbestos and PCBs. If it becomes known that such materials may be present
at or near a Project that may affect the Engineer's services, the Engineer may suspend
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performance of its services, without liability, and will assist the City to retain appropriate
consultants to adequately identify and abate such materials so that Engineer's services may
resume. Nothing in this Agreement shall be construed to require the Engineer to: (a) assume the
status of a generator, storer, transporter, treater, or disposal facility as those terms appear within
the Resource Conservation and Recovery Act, 42 USC 6901 et seq, as amended, or within any
state statute governing the generation, treatment, storage and disposal of waste; or (b) arrange
for the transportation, treatment, or disposal of hazardous substances, as described in the
Comprehensive Environmental Response, Compensation and Liability Act, 42 USC 9601, et. seq,
as amended. The City agrees to defend, indemnify and hold harmless the Engineer, its
employees, subcontractors and agents from all claims, losses, damages liability and costs,
including attorneys' fees, relating to or arising out of hazardous or toxic materials at or near a
Project.
4.10. Governinq Law
This Agreement shall be governed by the laws of the State of Minnesota and any dispute or
dispute resolution process shall be venued in Dakota County, Minnesota.
4.11. Inteqration
This is an integrated Agreement and it supersedes all prior negotiations or agreements between
the parties. It shall be modified only by a written document signed by the party sought to be
bound. The provisions of this Agreement are severable, and if any provision is found to be
unenforceable, the remaining provisions continue to be valid, and the unenforceable provision
shall be reformed with a valid provision that comes as near as possible to expressing the
intention of the unenforceable provision.
4.12. Assiqnment and Waiver
Except for the Engineer's use of necessary consultants, the Engineer and the City shall not
assign or delegate their respective obligations under this Agreement without the written consent
of the other party, which consent shall not be unreasonably withheld. The waiver of any term or
condition or breach thereof by either party shall not constitute a waiver of any other term or
condition or breach thereof.
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4.13
Enqineer's Services
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In performing professional engineering and related services, the Engineer is not engaged in
rendering legal, insurance, or accounting services or advice. The City agrees that documents
prepared by the Engineer, including reports, bidding materials, and form contracts will be
reviewed by the appropriate representative of the City, such as the City's attorney, insurance
counselor or other consultants, to the extent that the City deems necessary to protect its
interests.
4.14
Government AQencies
The Engineer shall not be liable for damages resulting from the actions or inactions of
government agencies, including without limitation permit processing, environmental impact
reports, dedications, zoning matters, annexations or consolidations, use or conditional use
permits, and building permits.
4.15.
MonitorinQ Work
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If required by the scope of services, the Engineer will make visits to the Project site at intervals
appropriate to the various stages of construction as the Engineer deems necessary in order to
observe the progress and quality of construction. The Engineer will not be required to make
exhaustive or continuous inspections on the Project site. Based on such visits, the Engineer will
determine in general if the construction work is proceeding in accordance with the contract
requirements, keep the City informed of the progress of the construction work, and will endeavor
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to guard the City against defective work. The Engineer will not supervise, direct, control, or have
authority over or be responsible for the Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and programs incident thereto, or for any
failure of the Contractor to comply with laws and regulations applicable to the work.
4.16. Americans with Disabilities Act
The Engineer shall use reasonable professional effort and judgment in interpreting and advising
the City as to the necessary requirements for the Project to comply with the Americans with
Disabilities Act (ADA). The Engineer shall rely on the local building department for interpretations
of the ADA at the time the service is rendered. The Engineer does not warrant or guarantee that
the Project will fully comply with interpretations of ADA requirements by regulatory or judicial
bodies.
SECTION 5. LIABILITY
Having considered the potential liabilities that exist during the performance of the Engineer's services, the
benefits of a Project, the Engineer's fee for its services, and the promises contained in this Agreement,
the City and the Engineer agree that risks should be allocated in accordance with this section, to the
fullest extent permitted by law.
5.1. Indemnification
The Engineer and the City each agree to defend and indemnify each other from liability for
claims, losses, damages or expenses (including reasonable attorney's fees) to the extent they are
caused by their negligent acts, errors or omissions relating to this Agreement. In the event the
claims, losses, damages or expenses are caused by the joint or concurrent negligence of the
Engineer and the City, they shall be borne by each party in proportion to its own negligence.
5.2.
[Deleted}
5.3.
Consequential DamaQes
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Neither the City nor the Engineer shall be liable to the other for any consequential damages
incurred due to the fault of the other or their agents. Consequential damages include, but are not
limited to, loss of use and loss of profit.
5.4
DesiQn without Construction-phase Services
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If the Engineer's Basic Services under this Agreement do not include Project observation, or
review of the Contractor's performance, or any other construction phase services, and that such
services will be provided by the City, then the City assumes all responsibility for interpretation of
the plans and specifications and for construction observation or review and waives any claims
against the Engineer that may be in any way connected thereto.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and
year first above written.
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By I\, ii. ci ~l.-
/ Jerry A. Bourdon, President
Date /2. /2. (3/04
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ENGINEER:
BONESTROO, ROSENE, ANDERLlK &
ASSOCIATES, INC.
Date \.fit. <-L<.' ,.' '-<:" ? .' C'C c;
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Appendix A
Basic Services for Construction Projects
The Engineer's Basic Services for construction projects consist of the Design Engineering Phase and the
Construction Engineering Phase, which are described below.
Design Engineering Phase
1. Feasibilitv Study I Report
Upon receipt of the City's authorization to proceed with the Feasibility Study/Report, the Engineer will:
1.1. After consulting with the City, prepare an engineering feasibility report on the Project. The report
will indicate the scope of the Project and include the following elements:
1) Summary of preliminary design alternatives and recommendations;
2) Engineer's Preliminary Opinion of Probable Construction Cost;
3) Administrative, legal and engineering cost estimates based on a percentage of the
construction cost;
4) List of permits required from other governmental and administrative bodies;
5) Project sketches indicating the general nature of the proposed Project improvements;
6) Proposed funding sources.
1.2. Outline the anticipated permanent and temporary easements and rights-of-way needed for the
construction of the Project.
1.3. Submit a copy(s) of the Feasibility Report to the City one week before review by the City Council.
1.4. Using maps and diagrams which depict the nature and location of the Project, present the data
contained in the Report to the City Council at a City Council meeting and a public hearing.
2. Final DesiQn
Upon receipt of City authorization to proceed with the Final Design, the Engineer will:
2.1 . Design and prepare detailed plans and specifications for the Project. During the design and
preparation of the plans and specifications, the Engineer will periodically consult with the City's
appointed representative to obtain the City's comments. Upon completion, the Engineer will
submit a set of the plans and specifications for review by the City, one week prior to their review
and approval by the City Council at a public meeting.
2.2. Prepare the Contract Documents for review by the City and its attorneys, which include:
1) Construction agreement forms
2) Payment and performance bond forms
3) General conditions
4) Special provisions
5) Specifications
6) Detailed plans
7) Proposal forms
The Engineer will furnish Contract Document sets in sufficient quantity to satisfy the number of
anticipated bidders.
2.3. Advise the City as to necessary services in addition to those furnished by the Engineer, such as
land and easement surveys, soil borings, testing services and other information needed for a
Project. If authorized by the City, the Engineer will assist the City to procure these services. The
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providers of these services will contract directly with the City and issue invoices directly to the
City.
2.4. Prepare a statement of the Engineer's Opinion of Probable Construction Cost for the Project,
based upon designs established to this point.
2.5. Upon receipt of City Council authorization to proceed, the Engineer will assist the City in obtaining
and analyzing construction bids for the Project. Based on the bids, the Engineer will prepare a
recommendation for award.
Construction Phase
Upon receipt of City authorization to proceed with the Construction Phase of the Project, the Engineer
will:
1.1. Organize, attend and assist the City at the pre-construction conference with the successful
bidder, and any other parties, bodies, or agencies who have an interest in the Project.
1.2. Provide construction survey staking.
1 .3. Visit the Project site at appropriate intervals during construction to become generally familiar with
the progress and quality of the contractor's work and to determine if the work is proceeding in
general accordance with the Contract Documents. The City has not retained the Engineer to
make detailed inspections or to provide exhaustive or continuous project review and observation
services. Further, the Engineer does not supervise or have control over the Contractor's work, the
means or methods of construction, or safety precautions in connection with the work. As a result,
the Engineer does not guarantee the performance of a contractor, and has no responsibility for
the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing
materials or performing any work on a project. (More extensive site representation may be agreed
to as a Supplemental Service, as described in Appendix B.)
1.4. Review of shop drawings, samples and other submittals. Engineer shall review shop drawings,
samples and other submissions of the Contractor solely for their general compatibility with the
Engineer's design intent and conformance with information given in the Contract Documents. The
Engineer shall not be responsible for any aspects of a shop drawing submission relating to the
duties of the Contractor (such as the means, methods, techniques, sequences and operations of
construction, safety precautions and programs incidental thereto) all of which are the Contractor's
responsibility, and not the responsibility of the Engineer.
1.5. Review the Contractor's request for progress payments, advise the City in writing as to the
Engineer's opinion of the extent of the work completed in accordance with the terms of the
Construction Contract, and issue for processing by the City all requests for payment.
1.6. Make recommendations to the City as to all claims relating to the execution and progress of the
construction work.
1.7. Issue such additional instructions to the Contractor as may be necessary to interpret the drawings
and specifications or the illustrated changes required in the Contractor's work.
1.8. After consulting with the City, prepare Change Orders for work not covered by the Contract or for
substantial over-run of estimated "contract quantities" as defined in the Project's Contract
Documents, for the City's approval and execution. Change Orders shall be processed as soon as
practical after the City provides written approval to the Engineer. The City understands that
Change Orders may be required during a Project for many reasons, including because of
incompleteness, errors, or ambiguities in the Construction Documents. The Engineer shall not be
liable for any type or quantity of Change Orders that are within professional standards. In no
event shall the Engineer be responsible for paying the cost of a Change Order or other change to
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the extent that it would have been otherwise necessary to a Project or otherwise adds value or
betterment to a Project.
1.9. Conduct construction progress reviews with the Contractor and the City related to the
Contractor's date of completion.
1.10. Coordinate periodic field tests during the course of construction.
1.11. Conduct an inspection to determine if the work is substantially complete. On the basis of its on.
site observations, the Engineer shall prepare a .punch list" for the Contractor, listing work left to
be completed by the Contractor.
1.12. Conduct, in the presence of the City's Representative, a final inspection of the Project as
constructed to determine whether it:
1) Generally conforms with the Engineer's design concept of the Project as contained in the
Contract Documents, and
2) Appears to be constructed in accordance with the Contract Documents.
The Engineer shall certify a recommendation for acceptance of the work to the City and then shall
forward to the City a written approval of the Contractor's Request for Final Payment which shall
be signed by the Contractor.
1 .13. Arrange for the City to receive detailed instructions regarding the operation and maintenance of
any equipment, machinery or apparatus installed as part of the Project. Such instructions shall be
supplied by the Contractor and manufacturers' representatives.
1.14. Collection of field-measured quantities required to produce "Record Plans."
The Engineer's review of the Contractor's work (including reviewing the Contractor's shop drawings and
samples, work product and requests for payments) do not increase the responsibility or duties of the
Engineer beyond those explicitly described elsewhere in this Agreement. By making these review efforts,
the Engineer does not guarantee the performance of the Contractor or assume responsibility for any acts
or omissions of the Contractor, including any failure of the Contractor to properly perform its work or
comply with its obligations, and the City's sole remedy lor the Contractor's acts or omissions is from the
Contractor and not the Engineer.
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Appendix B
Supplemental Services
1. Pre-Authorized Supplemental Services
Engineer shall perform or furnish, without requesting or receiving specific advance authorization from City,
the Additional Services of the types listed below.
1.1.
1.2.
1.3.
1.3.1.
1.3.2.
1.3.3.
1.3.4.
1.4.
1.5.
1.6.
1.7.
1.8.
2.
Preliminary surveying.
Assist the City in preparing applications necessary for approvals, permits and licenses from other
entities, such as the Minnesota Department of Transportation, Minnesota Department of Health,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resourges, U.S. Army
Corps of Engineers, watershed districts, railroads, and private utilities, and making any
unanticipated changes resulting therefrom.
Making revisions in drawings, specifications or other documents when such revisions are:
Requested by the City and are inconsistent with approvals or instructions previously given by
the City;
Required by the enactment or revisions of codes, laws or regulations subsequent to the
preparation of such documents;
Due to changes required as a result of. the City's failure to render decisions in a timely
manner; or
Due to any other causes beyond the Engineer's control.
Providing consultation regarding the replacement of all such parts of the Project as may be
damaged by fire or other cause during construction and assisting the City in arranging for
continuation of the work should the Contractor default for any reason.
Providing services made necessary by the default of a Contractor, by major defects or
deficiencies in the work of a Contractor, or by failure of performance of either the City or a
Contractor under the Contract for construction.
Construction dispute resolution assistance.
Providing services in connection with warranty work to be done by the Contractor.
Prepare and furnish the City a set of reproducible "Record Plans" of the construction Project
showing those changes the Engineer considers significant which were made during the
construction process, based on marked-up prints, drawings, and other data furnished by the
Contractor, upon which the Engineer may rely in preparing the Record Plans.
If authorized by the City, the Engineer will provide the following services:
Other Potential Supplemental Services
2.1.
2.2.
2.2.1.
2.2.2.
2.2.3.
2.2.4.
2.2.5,
2.3.
; 2.4.
I
" 2.5.
2.6.
2.7.
2.8.
2.9.
Pre-project concept development. This work includes assisting the City with defining the scope of
a Project.
Transportation engineering and planning services, including:
Transportation analysis which encompasses and benefits an area greater than that of the
Project.
Traffic signing and pavement marking design.
Traffic analysis, signal justification reports, and development of signal timing associated with
preparing traffic signal plans and specifications.
Traffic analysis required for roadway and intersection geometric design.
Project development reports (project path and design study) required for Mn-DOT-funded
projects.
Attendance at neighborhood meetings.
Assistance with assessments.
Attendance at and assistance with assessment hearings.
Assistance with easements.
Operator training.
Preparation of detailed operation and maintenance manuals.
User rate studies.
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2.10.
2.11.
2.12.
2.12.1.
2.12.2.
2.13.
2.14.
2.15.
2.16.
2.17.
3.
.
~
.
.
Pilot testing.
Preparation of applications for funding assistance,
Hydraulic and hydrologic studies, such as:
Hydraulic analysis benefiting an area greater than that of the Project.
Stormwater, surface water and groundwater quality analyses.
Attendance at more than one public hearing per Project.
Assisting the City or its representative in connection with mediation, arbitration, litigation or other
proceedings involving the Project, including preparing to testify and testifying as an expert
witness.
Providing one or more full-time Resident Project Representatives (and assistant[s]) in order to
provide the City with continuous representation at the Project site during the Construction Phase,
but only if requested by the City or recommended by the Engineer and authorized by the City.
Providing any other service not otherwise included in Basic Services or not customarily furnished
in accordance with generally accepted engineering practice.
Assisting the City to acquire land, easements, and rights-of-way for the Project and provide for
land surveys and the preparation of legal descriptions and exhibits, certificates or plats (whether
performed by the DPW ICE (as defined in Appendix E) or other employees of the Engineer).
Private Development Review and Inspection
Time spent reviewing development plans, review and project meetings with developers,
coordinating and meeting with agencies for private development, construction inspection of
grading and infrastructure installation and any other tasks requested in relation to private
development, the City shall pay the Engineer on an hourly basis in accordance with Appendix G,
Billing Rate Schedule.
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Appendix C
The City's Responsibilities
The City shall:
1) Provide full information as to its requirements for a Project. The City will adequately define the
scope of a Project. Assistance by the Engineer during the scoping phase will be compensated as
a Supplemental Service.
2) Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy
of any planning, design and construction standards which the City shall require the Engineer to
follow in preparation of Contract Documents for a Project.
3) Place at Engineer's disposal all available written data pertinent to the Project, including existing
reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land-use, and
zoning maps, borings and other data affecting the design and/or construction of a Project.
4) Acquire all land, easements, and rights-ot-way tor the Project and provide for land surveys and
the preparation of legal descriptions and exhibits, certificates or plats, unless otherwise requested
by the City as a Supplemental Service.
5) Provide access to the Project site and make all provisions for the Engineer to enter upon public
and private lands as required by the Engineer to perform its services.
6) Examine all studies, reports, sketches, Opinions of Probable Construction Costs, specifications,
drawings, proposals and other documents presented by the Engineer and promptly render the
City's decisions pertaining to each of such documents.
7) Provide legal review of the Contract Documents and provide any required accounting and
insurance counseling services for the Project.
8) Designate a single person to act as the City's Representative with respect to the Engineer's
services, Such person shall have complete authority to transmit instructions, receive information,
and interpret and define the City's policies and decisions with respect to services covered by this
Agreement, subject to City Council approval when required by law.
9) Give prompt written notice to the Engineer whenever the City observes or otherwise becomes
aware of any defect in the Project or any development that affects the scope or timing of the
Engineer's services.
10) Furnish, or instruct the Engineer to provide at the City's expense, necessary "Other Potential
Supplemental Services" as provided in Appendix B as they may be needed for a Project.
11) Furnish to the Engineer, as required by the Engineer for performance of its services, information
or consultations not covered in the Engineer's Basic Services, such as core borings, probings and
subsurface explorations; hydrographic surveys, laboratory tests and inspections of samples,
materials and equipment; appropriate professional interpretations of all of the foregoing; property,
boundary, easement, and right-of-way surveys and property descriptions; zoning and deed
restrictions.
12) Furnish environmental assessments, audits, investigations and impact statements, and other
relevant environmental studies for the Project, the site and adjacent areas.
13) 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
work.
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14) Act promptly on all construction Change Orders and provide authorization before Change Orders
are issued to the Contractor on a Project.
15) If City desires, furnish inspection or monitoring services to verify that Contractor is complying with
all laws or regulations and to verify that Contractor is taking all necessary safety precautions to
protect persons and property, as the Engineer in this Agreement does not undertake to perform
these services.
In performing its services, the Engineer may rely upon the accuracy and completeness of all City provided
information.
.
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Appendix D
Compensation for Design Engineering Basic Services
1. Construction Cost of the Project. The Fee for Design Engineering Basic Services is a
percentage of the "Construction Cost of the Project," which is the total cost of all work designed or
specified by the Engineer for the Project, including change orders. It is determined as follows, with
precedence in the order listed:
1) For completed construction, the costs to the City of all construction work performed, including the
value of all alternates designed. whether awarded or not.
2) For construction work bid but not constructed, the lowest bona fide bid received from a qualified
bidder. including the value of all alternates designed, whether awarded or not.
3) For work for which bids have not been received. the Engineer's latest Opinion of Probable
Construction Cost.
"Construction Cost of the Project" does not include:
1) Any payments to the Engineer or its consultants.
2) The cost of the land or right-of-way.
3) Other costs which are the responsibility of the City described in Appendix C that were not
specified by the Engineer.
2. Determining the fee for Design Engineering Basic Services. For providing Design
Engineering Basic Services on construction projects. the City shall pay the Engineer as follows (the
"Fee"):
1) For projects that the Engineer believes the construction cost will be more than $100.000. the City
shall pay the Engineer a percentage of the Construction Cost of the Project. The applicable
percentage is found in Schedule 1 or Schedule 2 below.
;0
Construction Basic Services Fee for
Cost Desian Enaineerina Phase
Schedule 1 Schedule 2
$ 100,000 11.63% 9.01%
150,000 11.00% 8.61%
200,000 10.37% 8.21%
250,000 9.75% 7.81%
300,000 9.50% 7.65%
400.000 9.01% 7.32%
500.000 8.52% 7.00%
750,000 7.90% 6.63%
1,000,000 7.53% 6.22%
2.000.000 6.82% 5.75%
4,000.000 6.36% 5.30%
6,000.000 6.20% 5.10%
.
For a construction cost between listed amounts, the fee will be interpolated.
;
Schedule 1 establishes the Fee for the following types of construction projects:
a) Projects involving process engineering (e.g., pumping stations. wells, etc.);
b) Projects which require outside funding agency approval;
c) Structural facilities (e.g" pumphouses, bridges, retaining walls, etc.);
\\branas01\user\MKT\AGR\Farmington A 1 243 rev 12-22-04.doc
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d) Park work and landscape architecture;
e) Multi-agency projects;
f) Traffic signal projects
g) Street reconstruction projects.
Schedule 2 establishes the Fee for all other types of construction projects.
2) For projects that the Engineer believes the construction cost will be less than $100,000, the City
shall pay the Engineer for Basic Services on an hourly basis in accordance with Appendix F,
Billing Rate Schedule. As an alternative for a particular Project if agreed to by both parties, the
City shall pay the Engineer on a lump sum basis where, for each such Project, the amount is
negotiated between the two parties.
3. Payment for Feasibility Study I Report. For completion of the Feasibility Study / Report
portion of the Design Engineering Phase, City shall pay Engineer on an hourly basis according to the
rates in Appendix F. As an alternative for a particular Project if agreed to by both parties, the City
shall pay the Engineer on a lump sum basis where, for each such Project, the amount is negotiated
between the two parties. The amount paid for the Feasibility Study / Report shall be credited against
the Fee if and when the Project moves forward into Final Design, subject to the following:
3.1. The amount of the credit shall not exceed 20 percent of the Design Fee, and
3.2. A partial credit shall be issued for studies: 1) that exceed the normal scope of services for the
Feasibility Study/Report, and 2) in situations where only a part of the study recommendations
proceed to Final Design.
.
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-
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D -2
Appendix E
Special Service Provisions
General Engineering and Public Works Department Supervision
The Engineer agrees to fill the position of Director of Public Works/City Engineer ("DPW/CE") and provide
General Engineering. At the City's reasonable request, the Engineer shall replace the person provided to
fill the position of DPW/CE. The City Council shall formally appoint such person as a City official, and
shall provide such person with all defenses, indemnities and immunities provided a city official under the
law.
It is understood that the duties of the DPW/CE are defined in the City's position description. The DPW/CE
position reports directly to the City Administrator.
General Engineering is strategic in nature and involves working with City staff and the City Council to
manage the Public Works and Engineering operations and plan and maintain the City's infrastructure.
General Engineering is typically a General Fund expense. Services included under General Engineering
are:
. Oversight of Public Works and Engineering operations
. Capital Improvement Planning
. Municipal State Aid Account Administration
. Utility Administration
. City Council and Staff meetings
. Strategic Planning
. Participation on Internal City Committees
. Non-project Regulatory Agency Interaction
. Non-project Resident Relations
;
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E .1
Appendix F
City Billing Rate Schedule
The billing rate schedule submitted by the Engineer and approved by the City Council at its first meeting
in January every calendar year is hereto made part of this agreement.
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F .1
Appendix G
Standard Billing Rate Schedule
The billing rate schedule submitted by the Engineer for Private Development work and approved by the
City Council at its first meeting in January every calendar year is hereto made part of this agreement.
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G -1
~ Bonestroo
-=- Rosene
~.. .. . Anderlil.< &
1\] 1 Associates
Engineers & Architects
2335 West Highway 36 . St. Paul, MN 55113
Office: 651-636-4600 . Fax: 651-636-1311
IO~0t)
www.bonestroo.com
December 13,2006
Mr. Peter Herlofsky, Jr.
City Administrator
City of Fannington .
325 Oak Street
Fannington,~ 55024-1374
Re: 2007 Hourly Rates
Dear Mr. Herlofsky:
We've enjoyed working with you to accomplish your projects in 2006. To help you
prepare for next year's projects enclosed is our 2007 hourly rate schedule. Please note.
that the municipal rate schedule lists a range of billing rates for each category, as rates
vary for individuals based on experience and area of discipline. As previously agreed,
the retainer for 2007 would be increased by 3%.
Bonestroo recently merged withDSU, allowing us to make available to .you the best
regional talents in planning~ landscape architecture, and urban design. For your
convenience, DSU's hourly rates have been incorporated into the 2Q07 rate schedule.
Weare sensitive to. your desire to control costs and the impact of tax levy increases on
your residents. Please be aSsured that we are striving internally to minimize costincreases
to our clients.
We highly value our relationship withy-ou. We will continue to focus our efforts on
providing the City with quality service while being sensitive to your budget. Please do
not hesitate to contact us with any questions.
We look forward to continuing our service to you in 2007.
Sincerely;
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
~1/~~
J eRY Bourdon, P .E.
CEO
651-604-4830
~ lV\...~
Lee M. Mann, P .E.
Client Service Manager
651-463-1601
'---
St. Paul, St. Cloud, Rochester, MN- Milwaukee, WI - Chicago, IL.
Affirmative Action/Equal Opportunity Employer a.ndEinployee Owned
2007
STANDARD RATE SCHEDULE
Classification
GPS Survey Equipment
Total Station Equipment
GIS Workstation Equipment
GPS Submeter Unit (per use)
Flow Meter (per week)
Air Detection Equipment (per halfday)
2007
$ 133.00 - $ 188.00
$ 128.00 - $ 167.00
$ 122.00 - $ 156.00
$ 105.00 - $ 140.00
$105.00 $ 140.00
$ 88.00 - $ 129.00
$ 88.00 - $ 120.00
$ .84.00 - $ 108.00
$ 73.00 - $ 108.00
$ 49.00 - $ 72.00
$ 86.00 $ 150.00
$ 75.00 - $ 108.00
$ 70.00 - $ 98.00
$ 52.00 - $ 72.00
$ 38.00
$ 28.00
$ 22.00
$ 80.00
$ 200.00
$ 25.00
Senior Principal
Principal
Proj ect Manager
Senior Engineer I Senior Scientist I Architect
Architect I Landscape Architect
Engineer
Environmental Scientist
Architect Designer I GIS I Landscape Designer
Engineering Technician
Project Technician
Field Supervisor
Crew Chief.
Inspector
Survey Technician
~:.
Ratesfor market experts, such as Principal Planners, Urban Designers,
Market Analyst will be quoted ona per projectbasis.
These rates are adjusted annually in accordance with the normal review procedures of
Bonestroo, Rosene, Anderlik and Associates, Inc.
2007
CITY RATE SCHEDULE
Classification M!Q1
Senior Principal $ 117.00 - $ 150.00
Principal $ 112.00 - $ 140.00
Specialist* $ 103.00 - $ 215.00
. Proj ect Manager $ 108.00 - $ 135.00
. -
Senior Engineerl Senior Scientist I Architects I Planners $ 103.00 - $ 135.00
Architect I Landscape Architect $ 94.00 - $ 114.00
. EngineerlPlanners $ 78.00 - $ 112.00
Environmental Scientist $ 78.00 - $ 112.00
Architect D~signer I GIS I Landscape Designer $ 79.00 - $ 97.00
Engineering Technician $ 6LOO - $ 93.00
Project Technician $ 42.00 - $ 63.00
Field Supervisor $ 83.00 - $ 128.00
Crew Chief $ 64.00 - $ 100.00
Inspector $ 63.00 - $ 87.00
Survey Technician $ 44.00 - $ 63.00
GPS SurVey Equipment $ 38.00
Total Station Equipment $ 28.00
GISW orkstation Equipment $ 22.00
GPS Submeter Unit (per use) $ 80.00
Flow Meter (per week) $ 200.00
. Air Detection Equipment (per half day) $ 25.00
* Specialist: Experts in higlily technical disciplines including Registered Land Surveyors,
Principal Planners and Market Analysts.
These rates are adjusted annually in accordance with the normal review procedures of
Bonestroo, Rosene, Anderlikand Associates,. Inc.
'''---'
2007
INDIVIDUAL RATES
%
Individual Classification 2006 Increase 2007
Lee Mann Principal $120.00 4.17% $125.00
David Sanocki Project Manager 1 $104.00 3.85% $108.00
Cristina Mlejnek Engineer 2 $81.00 6.17% $86.00
Erik: Peters Project Manager 1 $104.00 3.85% $108.00
City of Farmington
4If,<;-.
.'-...
Jan, 3. 2007 1:34PM
No,4154 P,l/12
,. ROSEMOUNT
MINNESOTA
FACSIMILE COVER LETTER
Our FAX Number is 651-423-4424
DATE:~
Please deliver the following page(s) to:
TOTAL number of pages including this cover sheet:
NAM E: --ClYJd. y t-.A \A ([lev-
FAX NUMBER: (015 \, tLi~ 1 df)vt I
FROM NfY\ '{ WW~ {,r
RE: \~ ~ t~VtP-J &fXY'{UQ
I~
'l5YL1
If you do not receive the entil"e FAX, please call
lp51<,'}). ?1f1Y;
as soon as possible.
HARD COPY TO FOLLOW 0 YES ~ro
CONFIDENTIALITY NOTICE: The ma.terials enclosed 'With this fa.csimile transmission are private and confidential and
are the property of the sender. The information contained in the material is privileged and is intended only fOt the
use of the individual(s) OJ: encity(ies) named above. If you are not the intended ::ecipient. be advised that aJ.'1Y
unauthorized disclosure, copying, distribution, or the taking of any action in reliance on tho contents of this
telecopied infotmaoon is strictly prohibited, If you ha.ve received the facsimile ttansmission in eno!, please
immecliately notify us by telephone to arrange for return of the fotw..arded documents to us.
SPfRIT OF PRIDE AND PROGRESS
Rosemount City Hall. 2875 145rh Strt!E!t West. Rosemounr, MN SS068.4997
65"423.4411' TOD/TTY 651-423-6219' Fax 651-423-4424
www.ci.rosemounr.m/.J.us
Jan, 3. 2007 1: 34PM
No,4154 P. 2/12
Section 1. Scope of Work. Engineer will provide services as described on Exhibit 1,
attached hereto and hereby made a part hereof (hereinafter generally referred to as the "Project'l),
on a fixed retainer of$1,250 per month for 2007, $2,500 per month for 2008, and $3,750 per
month for 2008 (unless legislative levy limits are in place in which case it would be $2,500 per
month) payable in the month following the month in which services are rendered. These services
generally include administrative and staff duties as acting city engineer for the City. Work on
the Project will generally be performed by Andy Brotzler or another mutually agreeable
employee of the Engineer (the "Acting City Engineer"). In addition, the Engineer will provide a
staff engineer for duties as assigned by the Acting City Engineer on an as needed basis. The cost
of the work for development-related projects is to be passed through to a developer or other
private party at a billing rate which shall be as specified on Exhibit 2. Work requested by the
City and performed by other employees of Engineer that does not fall within the scope of
services described on Exhibit 1 will be compensated on a hourly basis on the fee schedule
attached hereto as Exhibit 2, or will be made the subject of a separate contract for services.
C~ tmd Sl/IiIItN4I..IUct:I kninU'T_lfV1/lljtf." Fi/dIDLKN'SA StCII/IIJ / -1aIpt /OO6(J6.lIf1()
Jan. 3. 2007 1: 34PM
No.4154 P,3/12
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made as of the I st day of January, 2002 by and between the City of
Rosemount, Minnesota, a Minnesota municipal corporation (hereinafter referred to as "City") and
WSB & Associates, Inc., a Minnesota corporation (hereinafter referred to as "Engineer") with
offices located at 4150 Olson Memorial Highway, Suite 300, Minneapolis, Minnesota 55422.
Witnesseth:
That the City and Engineer, for the consideration herein named, agree as follows:
Section 1. Scope of Work. Engineer will provide services as described on Exhibit 1,
attached hereto and hereby made a part hereof (hereinafter generally referred to as the "Project"), on
a fixed retainer of$5,416.67 per month payable in the month following the month in which services
are rendered. These services generally include administrative and staff duties as acting city
engineer for the City. Work on the Project will generally be performed by Andy Brotzler or another
mutually agreeable employee of Engineer (the "Acting City Engineer"). Whenever the Acting City
Engineer is perfonning services not included in the Project, his rate shall be $60.00 per hour unless
the cost of the work is to be passed through to a developer or other private party, in which case. his
rate shall be as specified on Exhibit 2. Work requested by the City and performed by other
employees of Engineer that does not fall within the scope of services described on Exhibit 1 will be
compensated on a hourly basis on the fee schedule attached hereto as Exhibit 2, or will be made the
subject of a separate contract for services.
Section 2. Changed Conditions. If the Engineer detennines that any services it has been
directed or requested to perform are beyond the scope of services as set forth in Exhibit I, Engineer
shall promptly notify the City of that fact. Additional work and additional compensation for such
work must have the prior approval of City.
Section 3. Termination. This Agreement may be tenninated by either party upon thirty
days' written notice without cause. In the event of tennination, copies of plans, reports,
specifications, electronic drawing/data fues (CADD), field data, notes, and other documents
whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared
by the Engineer purs"Llant to this Agreement and pertaining to the Project (hereinafter "Instruments
of Service"), shall be made available to the City subject to Section 4. All provisions of this
Agreement allocating responsibility or liability between the City and Engineer shall survive the
completion of the services hereunder and/or the tennination of this Agreement.
Section 4. Reuse and Disposition of Instruments of Service. During the course of the work,
the Engineer shall, if requested, make available to the City copies of the Instruments of Service. At
the'time of completion or tennination of the work, the Engineer may make available to the City
copies of Instrwnents of Service upon (i) payment of amounts due and owing for work perfonned
and expense incurred to the date and time of termination, and (ii) fulfillment of the City's obligation
under this Agreement. Any use or re-use of such Instruments of Service by the City or others
CLL-206471vl
RS215-3
Jan. 3. 2007 1: 34PM
No,4154 P,4/12
without written verification or adaptation by the Engineer except for the specific purpose intended
will be at the City's risk and full legal responsibility.
Section 5. Agreement. The Agreement constitutes the entire understanding between the
Engineer and City. The Agreement supersedes all prior written or oral understanding and may only
be amended, supplemented, modified or canceled by a duly executed written instrument.
Section 6. Responsibilities. In order to permit the Engineer to perform the services required
under this Agreement, the City shall, in proper time and sequence and where appropriate to the
Proj eet, at no expense to the Engineer:
1. Provide available information as to its requirements for the Proj ect.
2. Guarantee access to and make all provisions for the Engineer to enter upon
public and private lands to enable the Engineer to perfonn its work under this Agreement.
3. Provide such legal, accounting and insurance counseling services as may be
required for this Proj eet (such as review of insurance certificates, bonding clarifications and
legal questions regarding property acquisition or assessment).
4. Notify the Engineer whenever the City observes or othelWise becomes aware
of any defect in the Project.
5. Designate a person to act as City's representative with respect to the services
to be rendered under this Agreement. The City's representative shall have the authority to
transmit and receive instruction and information and to interpret and define the City's
policies with respect to services rendered by the Engineer.
6. Furnish data (and professional interpretations thereof) prepared by or
services performed by others, including where applicable, but not limited to, previous
reports, core borings, probings and sub-surface explorations, hydrographic and hydro
geologic surveys, laboratory tests and inspection of samples, materials and equipment;
appropriate professional interpretations of the foregoing data; environmental assessment and
impact statements; property, boundary, easement, right-of-way, topographic and utility
surveys; property description; zoning, deed and other land use restrictions; and other special
data.
7. Review all reports, sketches, drawings, specifications and other documents
prepared. and presented by the Engineer, obtain advice of legal, accounting and insurance
counselors or others as City deems necessary for such examinations and render in writing
decisions pertaining thereto within reasonable times so as not to delay the performance by
the Engineer of the services to be rendered pursuant to this Agreement.
8. Where appropriate, endeavor to identify, remove and/or encapsulate asbestos
products or materials or pollutants located in the project area prior to accomplishment by the
Engineer of any work on the Project.
CLL.206477vl
RS215-3
2
Jan, 3, 2007 1: 35PM
No.4154 P,5/12
9. Provide record drawings and specifications for all existing physical plants of
facilities that are pertinent to the Project.
10. Where available provide other services, materials, or data.
11. Bear all costs incidental to compliance with the requirements of this Section.
12. Provide the foregoing in a manner sufficiently timely so as not to delay the
performance by the Engineer of the services in accordance with this Agreement.
Engineer shall be entitled to rely on the accuracy and completeness of infonnation or services
furnished by the City or others employed by the City. Engineer shall endeavor to verify the
information provided and shall promptly notify the City if the Engineer discovers that any
information or services furnished by the City is in error or is inadequate for its purpose.
Section 7. Options of Cost. Opinion, if any, of probable cost, constnlction cost, [mancial
evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian
considerations of operations and maintenance costs are made or to be made on the basis of the
Engineer's experience and qualifications and represent the Engineer's best judgment as an
experienced and qualified professional design finn. The parties acknowledge, however, that the
Engineer does not have control over the cost of labor, material, equipment or services furnished by
others or over market conditions or contractor's methods of detennining their prices, and any
evaluation of any facility to be constructed or acquired, or work of necessity must be speculative
until completion of construction or acquisition. Accordingly, the Engineer does not guarantee that
proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by the
Engineer.
Section 8. Hold Harmless and Insurance. Engineer has procured insurance in the types and
amounts set forth in Exhibit 3.
The Contractor agrees to defend, indenullfy and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
attorney's fees, resulting directly or indirectly from an act of omission of the contractor, its
employees, agents or employees of subcontractors, in the performance of this contract of by reason
of the failure of the contractor to fully perfonn, in any respect, all of its obligations under this
contract.
The City acknowledges that professional liability (errors and omissions) insurance is
unavailable to cover claims arising out of the performance or failure to perfonn professional
services, including, but not limited to, the preparation of reports, designs, drawings and
specifications related to the investigation, detection, abatement, replacement, modification, removal
or disposal of:
l.
2.
Hazardous or toxic materials; or
Materials or processes containing asbestos.
CLL-206477vl
RS2l$-3
3
Jan. 3. 2007 1:35PM
No, 4154 P. 6/12
As used herein, hazardous or toxic materials shall include but not be limited to any solid, liquid,
gaseous or thermal irritant, contaminant, or hazardous waste as defined by Federal and State Law
and cases construing such definition. Waste includes materials to be recycled, reconditioned or
reclaimed. It is acknowledged by both parties that Engineer's scope of services does not include
any services related to asbestos or hazardous or toxic materials. In the event the Engineer or any
other party encounters asbestos or hazardous or toxic materials at the job site, or should it become
known in any way that such materials may be present at the job site or any adjacent areas that may
affect the perfonnance of the Engineer's services, the Engineer may, at its option and without
liability for consequential or any other damages, suspend perfonnance of services on the project
until the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate and/or
remove the asbestos or hazardous or toxic materials, and warrant the job site is in full compliance
with applicable laws and regulations.
Section 9, Assigmnent. This Agreement, intended to secure the service of individuals
employed by and through the Engineer, shall not be assigned or transferred without written consent
of the City,
Section 10, Controlling Law. This Agreement is to be governed by the laws of the State of
Minnesota.
Section 11. Non-Discrimination. Engineer will comply with the provisions of applicable
Federal, State and Local Statutes, Ordinances and Regulations pertaining to human rights and non-
discrimination.
Section 12. Conflict Resolution. In an effort to resolve any conflicts that arise during the
design or construction of the project or following the completion of the project, the City and
Engineer agree that all disputes between them arising out of or relating to this Agreement shall be
submitted to nonbinding mediation unless the parties mutually agree otherwise.
Section 13. Attorney's Fees. In the event of any litigation arising from or related to the
services provided under tins Agreement, the prevailing party will be entitled to recovery of all
reasonable costs incurred, including staff time, court costs, attorneys' fees and other related
expenses.
Section 14. Confidentiality. The Engineer agrees to keep confidential and not to disclose to
any person or entity, other than the Engineer's employees, subconsultants and the general contractor
and subcontractors, if appropriate, any data and information not previously known to and generated
by the Engineer or furnished to the Engineer and marked CONFIDENTIAL by the City and to
comply with the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 15.
Th~se provisions shall not apply to infonnation in whatever fonn that comes into the public domain,
nOr shall it restrict the Engineer from giving notices required by law or complying with an order to
provide information or data when such order is issued by a court, administrative agency or other
authority with proper jurisdiction, or if it is reasonably necessary for the Engineer to defend itself
from any suit or claim.
CLL-2064 77v I
RS21S-J
4
J an, 3. 2007 1: 36 PM
No.4154 P. 7/12
Section 15. Location of Underground Improvements. The Engineer will conduct the
research that in its professional opinion is necessary and will prepare a plan indicating the locations
intended for subsurface penetrations with respect to assumed locations of underground
improvements. Such services by the Engineer will be perfonned in a manner consistent with the
ordinary standard of care. The City recognizes that the research may not identify all underground
improvements and that the infonnation upon which the Engineer relies may contain errors or may
not be completed.
Section 16. Betterment. If, due to the Engineer's error, any required item or component of
the proj ect is omitted from the Engineer's construction docwnents, the Engineer shall not be
responsible for paying the cost to add such item or component to the extent that such item or
component would have been otherwise necessary to the project or otherwise adds value or
betterment to the project. The Engineer shall be responsible for the difference between the
construction cost arrived at through the bid process and the construction cost actually negotiated, if
there is a difference. This amount will be negotiated between the City and Engineer.
Section 17, Independent Contractor, In the performance of all services under this
Agreement, Engineer shall be an independent contractor and not an employee of the City and
neither the Acting City Engineer or any other officer, employee or agent of Engineer shall be an
employee of the City for any purpose whatsoever.
WSB & ASSOCIATES, lNe.
BY~~
Its rts.\~
CITY OF ROSEMOUNT
By
Its Mayor
AndBy~j~
Its Clerk
CLL-206471v 1
RS215-3
5
Jan. 3. 2007 1: 36PM
No, 4154 P. 8/12
EXHIBIT 1
RETAINER SERVICES
THE PROJECT
General City Engineering Including:
1. Acts in a department head capacity for the Engineering division of the Public Works
Department including planning, coordinating, supervising and evaluating programs,
plans, services, staffing. equipment and infrastructure.
2. Evaluates public works needs and formulates short and long range plans to meet needs in
all areas of responsibility. including streets. water. sewer, drainage. light, park
maintenance. building maintenance, vehicle and equipment for the City.
3. Meets with developer and members of the public on proposed development projects in
order to relate the processes and procedures involved with engineering and infrastructure
development;
4, Determines the need for preliminary studies; reviews all preliminary studies for compliance
with ordinances. comprehensive plans. engineering standards and financial guidelines.
5. Directs engineering activities on projects and assigns consulting engineers; oversees project
management for the construction of the municipal public works projects.
6. Reviews plans and specifications, makes presentations to the City Council and members of
the public on improvement projects, monitors the construction process for compliance with
codes, regulations, standards and with approved plans; assures financial accountability of
private projects as they relate to escrows and letters of credit. Regularly attends City
meetings including City Council and Planning Commission meetings, and on an as-needed
basis, Committee of the Whole meetings.
7. Directs the assessment process for recovery of municipal costs incurred on improvement
projects,
8. Develops systems to monitor sewer and water usage; compiles data designed to annually
update the sewer and water rate study; directs the preparation of reports for the Metropolitan
Waste Control Commission.
, 9. Ensures that costs and fees are charged back to development projects; works with the
Finance Department to monitor charges and revenues associated with development projects.
10. Attends meetings and acts as staff liaison to the Utilities Commission including preparing
reports and agendas, conducting research, answering questions, providing advice and
suggestions.
CLL-206477vl
RS21S-3
1-1
Jan. 3. 2007 1:36PM
No,4154 P,9/12
11. Prepares annual departmental budgets and monitors expenditures.
12. Acts as city liaison and city representative with other communities and cotmty, state and
federal agencies.
13. Provides advice and recommendations to the City Administrator and other city department
heads and staff; reviews proposals submitted by management staff and makes appropriate
comments and suggestions; and assists city staff with any engineering needs.
14, Works with consultants and other outside individuals/groups involved in studies affecting
city services and coordinates special projects and studies.
15. Develops and implements policies and procedures for effective operation of the department
consistent with city policies and relevant laws, rules and regulations and ensures cOWlcil
actions are implemented.
16. Oversees the preparation and updating of the city's plans such as the Storm Water
Management Plan, Water Supply & Distribution Plan, Wetland Management Plan, etc;
develops, updates and oversees the public works capital improvement plan; develops and
revises city policies for stonn water, assessments and other areas as required.
17. Maintains the city's Municipal State Aid Road System.
18. Makes public presentations and deals with the public on an individual basis.
19. Supervises staff either directly or through subordinate supervisors and oversees operations to
assure the desired level and quality of service is being provided. Supervision of staff
includes: assignments, direction, discipline, suspension, reward, adjust grievances, transfer
of employees and recommends the hiring, discharge or promotion of employees in the
Engineering Division of the Public Works Department.
CLL-206477vl
R.S215-3
1-2
Jan, 3. 2007 1: 37PM
No,4154 P. 12/12
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the
contractor. Any policy deductibles or retention shall be the responsibility of the contractor. The
contractor shall control any special or unusual hazards and be responsible for any damages that
result from those hazards. The City does not represent that the insurance requirements are
sufficient to protect the contractor'g interest or provide adequate coverage.
Evidence of coverage is to be provided on a City provided Certificate of Insurance. A thirty (30)
day written notice is required if the policy is canceled, not renewed or materially changed.
The contractor shall require any of its subcontractors, if allowable under this contract, to comply
with these provisions, Acceptance of the insurance by the City shall not relieve, limit or
decrease the liability of the Contractor. Any policy deductibles or retention shall be the
responsibility of the Contractor. The Contractor shall control any special or unusual hazards and
be responsible for any damages that result from those hazards. The City does not represent that
the insurance requirements are sufficient to protect the Contractor's interest or provide adequate
coverage.
Evidence of coverage is to be provided on a City provided Certificate of Insurance. A thirty (30)
day written notice is required ifthe policy is canceled, not renewed or materially changed.
CLL-2064 77v 1
RS215.J
3-2
Jan, 4. 2007 8:23AM CITY OF APPLE VALLEY
No. 7896 P. 1
...
....
.....
....
...
City of Apple Vallev
Fax
TO:
Cindy Muller
DATE:
January 4, 2007
FAX:
651-463~2591
FROM:
Joan Murphy
City of Apple Valley
Apple Valley, MN 55124
952-953-2504
Attached is the 2007 Rate Schedule from City Clerk Pam Gackstetter.
Number of pages including this page
.A
If you have trouble receiving this FAX or did not receive the specified number of pages, please
call liS ender" at (952) 953-2504.
Jan, 4, 2007 8:23AM
CITY OF APPLE VALLEY
. .' ~
.. No, 7896
p, 2
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Farmingt~n November 2, 2006 Billing Summary
Retainer:
000141-06000-1
I Phase 002
se 003
n lase 004
Phase z:zz.
Subtotal
ITotal Retainer Billed
City Projects:
000141-06000-0
Phase 001
Phase 005
Phase 013
Phase 014
Phase 016
Phase 995
Phase 996; Task 099
Phase 997; Task 099
Phase 998; Task 003
Phase 998;. Task 099
Phase 999; Task 099
I Subtotal City Projects. .
Invoice
No.
136847 ICouncil Meeting/Planning Commission MeetinglWater Board Meeting
Staff Meetings/Development Committee Meetings
General Engineering
Mileaae
Invoice
No.
13f?899 General
2006 Mill and Overlay Project
City Hall Project
1 st Street Building Project
Castle. Rock Orderly Annexation Agreement
Solid Waste
Stormwater - General
Traffic Issues - General
Sanitary Sewer - Surcharge Program
Sanitary SewElr - General
Water - General
- .vate General
141-06000-2
000141-06000-2
300.00 I
1,124.00
14,556.75
297.68
16,278.43
$> 9,107.00 I
675.00
10,788.83
360.00
759.82
144.00
300.00
1,874.15
1,174.50
60.00
664.00
599.86
17,400.161
240.00
351.00
I Subtotal Private General
591.00 I
Municipal Projects:
000141-98080-2
000141-02190-0
000141-03205-0
000141-03207-0
000141-04224-0
000141-05249-0
000141-05254-1
000141-05254-2 .
000141-05259-0
000141-05261-0
000141-05263-0
000141-06266-0
000141-06273.,0
000141-06274-0
000141-06275-0
000141-06282.,0
- - 0 141-06283-0
Subtotal Municipal Projects
Invoice
No.
136850 Main Street Area Reconstruction Phase 2
136852 208th Street West Extension
136853 Ash Street Reconstruction
136854 Spruce Street Extension
136855 Flagstaff Avenue Utility and Street Improvements
136856 Pumphouse No.8 & Control Systems
136857 Surface Water Management Plan Amendment for SE.Farmington
136858 Comprehensive Sewer Policy Plan Amendment
136859 Hill Dee Area Street & Utility ReconstruCtion
136860 Henderson Storm Sewer
136861 Infiltration & InfloW Reduction Plan
136862 Elm Street Utility & Street Reconstruction
136863 195th Street Extension to TH 3
136864 Trunk Highway 3 Improvement
136865 Farmington Monitoring Project
136866 2006 Water Emergency and Conservation Plan
136867 Hunter Lift Station Re lacement
17,216.80
1,775.92
1,233.48
34,392.87
65,202.33
987.50
60.00
2,540.18
16,148.32
49~.68
622.57
42,645.86
38,206.48
9,265.25
779.70
8,857.75
5,284.79
245,714.48 I
Farmington October 5, 2006 Billing Summary
,
Development Projects:
lon0141-01165-0
41-03194-0
~~~ 141-03206-0
000141-04215-0
000141-04217-0
000141-04219-0
000141-04220-0
000141-04221-0
000141-04222-0
000141-04225-0
000141-04226-0
000141-05236-0 .
Q00141-05237 -0
000141-05250-0
000141~06267-0
000141-06269-0
000141-06278-0
000141-06279-0
000141-06280-0.
000141-06281-0
Invoice
No.
136879 I Newland/Fairhill
136880
136881
136882
136883
136884
136885
136886
136887
136888
136889
136890
136891
136892
136893
136894
136895
136896
136897
136898
I Total Billed
I. Subtotal Development Projects
Meadow Creek 4th Addition
Giles East Farmington 8th Addition
Parkview Ponds
Mattson Farms
Executive Estates.
Hometown Development
Charleswood Crossing
ISD192 New High School
Mystic Meadows
Appro Development - Aerospace Fabrication
Farmington Industrial Park 3rd Addition
Tollefson - Fischer Property Development
Sunrise Ponds/Perkins
Swanson Acres
Family Health Medical Center
Vermillion Trail 1 st Addition
Charleswood Marketplace
Riverbend 2nd Addition
Dakota Coun CDA
1.030.53 I
978.99
117.00
3,726.42
58.50
3,815.70
879.16
.1,216.97
7,966.41
t,185.67
120.53
483.60
599.08
1,557.14
599.51
. 120.53
516.53
320.00
87.75
1,540.28
26,920.30 I
299,732.94 I
Farmington December 7,2006 Billing Summary
. I-
, R~~, ner:
000141-06000-1
Invoice
No.
I Pha~~ ~~~ 138172 Council Meeting/Planning Commission Meeting/Water Board Meeting 600.00
Staff Meetings/Development Committee Meetings -1. -tAn nn
:)~ UU.:> I, ..,.v.vv
se 004 General Engineering 18,114.25
Phase 006 Sanitary Sewer 104.00
Phase 010 Parks 104.00
Phase ZZZ Mileaae 693.4 7
Subtotal 20,755.72
. ITotal Retainer Billed
$ 9;107.00 I
City Projects:
000141-06000-0
Phase 001
Phase 005
Phase 018
Phase 996; Task 099
Phase 997; Task 099
Phase 999; Task 099
Invoice
No.
138222 General
2006 Mill and Overlay Project
Executive Estates Documentation Request
Stormwater - General
Traffic Issues - General
Water - General
987.62
27,443.85
704.00
673.50
360.00
535.00
Subtotal City Projects
30,703.971
Private General
000141-06000-2
000141 ~06000-2
Plan
320.00
358.04
btotal Private General
678.04 I
Municipal Projects:
000141-02190-0
000141-03204-0
000141-03205-0
000141-03207-0
000141-04224-0
000141-05248-0
000141-05249-0
000141-05254-2
000141-05255-0
000141-05259-0
000141-05261-0
000141-06266-:0
000141-06273-0
000141-06274-0
000141-06275-0
000141-06282-0
000141-06283-0
000141-06284-0
Invoice
No.
138175 208th Street West Extension
138176 Southeast Area Trunk Utility and Pond Improvements
138177 Ash Street Reconstruction and Utility Improvements
138178 Spruce Street Extension
138179 Flagstaff Avenue Utility and Street Improvements
138180 Farmington Well No.8
138181 PumphouseNo.8 & Control Systems
138182 Comprehensive Sewer Policy Plan Amendment
138183 Regional Pond F-P6.4 Study
138223 Hill Dee Area Street & Utility Reconstruction
138185 Henderson Storm Sewer
138186 Elm Street Utility & Street ReCOnstruction
138187 195th Street Extension toTH3
138188 Trunk Highway 3 Improvement
138189 Prairie Waterway Monitoring
138.190 Water Emergency and Conservation Plan 2006
138191 Hunter Lift Station Replacement
138192 2006/2007Annlial Brid e Ins ections
3,033.32
1,724.92
19,707.02
11,564.71
191,599.81
409.37
9,603.92
185.00
3,533.00
1,218.74
2,929.25
8,441.20
8,761.88
11,212.00
977 .50
2,322.00
418.00
215.50
277,857.14 I
I Subtotal Municipal Projects.
. Farmington October 5, 2006 Billing Summary
.
. Development Projects:
000141-97563-0
~ 41-00124-0
41-01160-0
000141-01165-0
000141-01167-0
000141-02171-0
000141-02182-0
000141-03194-0
000141-03206-0
000141-04215-0
000141-04216-0
000141-04218-0
000141-04219-0
000141-04220-0
000141-04221-0
000141-04222-0
000141-04225-0
000141-04226-0
000141-05232-0
000141-05234-0
000141-05236-0
000141-05239-0
000141-05242-0
000141-05244-0
000141-05250-0
000141-06267 -0
000141-06278-0
141-06280-0
141-06281-0
Invoice
No.
138193 Riverbend
138194 Giles Hiiiside Addition
138195 Middle Creek East
138196 Newland/Fairhill
138197 Vermillion Grove 2nd Addition
.138198 Meadow Creek 2nd Addition
138199 Meadow Creek 3rdAddition
138200 Meadow Creek 4th Addition
138201 Giles East Farmington 8th Addition
138202 parkview Ponds
138203 Middle Creek East 2nd Addition
138204 Farmington Business Park
138205 Executive Estates
138206 Hometown Development
138207 Charleswood Crossing
138208 ISO 192 New High School
138209 Mystic Meadows
138210 Appro Development - Aerospace Fabrication
138211 Tamarack Ridge Retail Center
138212 Middle Creek East 3rd Addition
138213 Farmington Industrial Park 3rd Addition
138214 Round Bank
138215 Winkler - Rother Property
138216 Xcel Substation
138217 Sunrise Ponds/Perkins
138218 Swanson Acres
138219 Vermillion Trail 1 st Addition
138220 Riverbend 2nd Addition
138221 Dakota Coun CDA
2,664.06
1:0 I:n
vV.vV
248.75
3,195.27
558.53
263.53
263.53
633.29
179.03
940.93
611.41
1;368.54
1 ;321.37
180,76
182.34
9,856.90
4,673.40
120.53
180.53
611.41
944.79
120.53
87.75
58.50
4,440.47
1,259.70
1,194.70
890.32
512.38
Subtotal Development Projects
37,621.751
355,967.90 I
I Total Billed
...,
Farmington December 7,2006 Bonestroo Employee Summary
~f:: yrr 'l;~ r~7~';-"~ ,~ ,~ 'Y._ ~ -.;-- ~- -.c;-...... ~.".;:-'''.:"'''''" ~...;:."'P7.~j,~ ~..,~~,
t.i.,,~,fJf' 1.;l''{;:;M'';,!.: _,..:.~.,.. : ,~,.;\;:hJ"h.'1_ _ . __'_"'~'H'.''::~; __,:
Amy Carolan
Andrea Fastenow
Barton Ahrens
Benjamin Meyer
Brandon Langerud
Candy Brevig
Carroll. Aasen
Catherine White
Chadwick Schwartz
. Charles Oehrlein
Christina Mlejnek
Colleen Insley
Corey Markfort
Daniel Edgerton
Daniel Murphy
Daniel T ersteeg
Daniel Thill
David Sanocki
Emily Resseger
Eric Eckman
Erik Peters
Gary Morien
Geoff Martin
Guy Davison
James Fruechtl
Joel Benton
. Joel Rausch
Jon Gilbertson
Joseph Norgaard
Environmental Scientist
Engineer
Project Manager
Environmental Scientist
Inspector
Project Technician
Engineering Technician
Project Technician
Engineer
Project Manager
Engineer
Project Technician
Engineer
Principal
Engineer
Environmental Scientist
Engineering Technician
Project Manager
Engineer
Engineer
Project Manager
Project Manager
Senior Landscape Architect
Survey Technician
Field Supervisor
Inspector
Crew Chief
Engineering Technician
Crew Chief
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Kevin Kielb
Lee Mann
Lisa Fay
Mark Janovec
Mark Rolfs
Mark Wallis
Matthew Jensen
Michael Loven
Michael Warner
Nancy Hanzlik
Nathaniel Stadler
Patrick McGraw
Paul Bockenstedt
Paul Chamberlin
Paul Hornby
Randall Wilson
Richard Brasch
Robert Keizer
Rozanne Nohre
Ryan Owen
Sheldon Johnson
Shirley Lovell
Thomas Fidler
Timothy Bruers
Timothy Grinstead
Todd Stevens
Viandra Dayaljee
Zachary Herrmann
Project Manager
Project Manager
Environmental Scientist
Environmental Scientist
Principal
Project Manager
Engineer
Engineering Technician
Engineer
Project Manager
Crew Chief
Project Manager
Project Manager
Crew Chief
Project Manager
Crew Chief
Project Manager
Environmental Scientist
GIS Specialist
Engineer
Principal
Project Technician
Project Manager
Engineer
Project Manager
Engineer
Inspector
Inspector
Bonestroo 2006 Performance Review
An Evaluation of Services Provided by Bonestroo
Comments received from:
Date:
Review performed by:
. What have you liked best about our services? In other words, what would
you like to see us continue?
. What have you not liked or least valued about our service?
. What ideas can you share with us to help us improve our service?
. Based on our recent project performance, what, if anything would you
recommend that we do differently?
. On a scale of 1-10, how would you rate our service in 2006? (A rating of 1 is
poor, 5 is average and 10 is excellent).
Benchmark Grades
Please provide a benchmark score for our performance in the following areas. (A
rating of 1 is poor, 5 is average and 10 is excellent). Additional comments may
be added on reverse side of page if desired).
Score Service Comments
Planning
(comprehensive plans)
General Engineering (feasibility
reports, plans and specifications,
public improvement projects)
Waste Water Treatment
Water Treatment
Water Tower
WellsILift Stations
Water Resources, Storm Water
Reviews and Wetland Assistance
Traffic{fransportation
Mapping/GIS
Construction Services Public
Construction Services Private
Billings
Overall Service Rating
Name:
EVALUATION OF CITY ATTORNEY SERVICES
2
(Circle an answer and provide any comments)
1. Please rate the overall quality of advice and work provided by the City Attorney:
Excellent Good Fair Needs Improvement Poor
Comments:
2. Please rate the timeliness of the advice or work:
Excellent
Good
Fair
Needs Improvement
Poor
Comments:
3. Please rate how well the City Attorney's office helps prevent law suits against the City:
Excellent Good Fair Needs Improvement Poor
Comments:
4. Please rate the performance of the City Attorney during official Council meetings:
Excellent Good Fair Needs Improvement Poor
Comments:
129203
H:\Administrator\docs-#129203-vl-EV ALUA TION_ OF_CITY _ATTORNEY _ SERVICES_-]ORM.DOC
5. Please rate your overall satisfaction with your communications with the City Attorney:
Excellent Good Fair Needs Improvement Poor
Comments:
6. Please rate your overall satisfaction with the cost for City Attorney services:
Excellent
Good
Fair
Needs Improvement
Poor
Comments:
7. Please rate your overall confidence in the integrity and ethics of the City Attorney:
Excellent Good Fair Needs Improvement Poor
Comments:
8. Please rate your general satisfaction with the City's prosecution services:
Excellent Good Fair Needs Improvement Poor
Comments:
129203
H:\Administrator\docs-#129203-vl-EV ALUA TION_ OF_CITY _ATTORNEY _SERVICES_-]ORM.DOC
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