HomeMy WebLinkAbout9B - Storm Water Trunk Report
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CITY COUNCIL AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
JANUARY 3, 2000
9B
SUE MCDERMOTT, ASSISTANT CITY ENGINEER
CONSIDER APPROVAL OF RESOLUTION OO-XX AUTHORIZING
BONESTROO ROSENE ANDERLlK & ASSOCIATES, INC. TO PREPARE
A STORM WATER TRUNK FEE JUSTIFICATION REPORT.
DISCUSSION:
HISTORY
As part of the subdivision (land development) process the City previously
collected a storm water fee of 16.8 cents per square foot for R-1, R-2, and
R-4 developments; 19.5 cents per square foot for R-3 developments; and
20.3 cents for B-1, B-2, B-3, 1-1 and 1-2 developments. Proceeds from
these fees were deposited in the City's Trunk Reserve Fund. The costs for
storm water facilities for the property were reimbursed to the Developer
from this fund.
In 1998, the City changed its policy to provide for a Storm Water Trunk Fee
and established the fee at $3,180 per acre. Under the trunk fee policy, the
City only participates in the cost of the storm sewer in any given
development on an oversizing (trunk) basis. If we require larger pipes or
ponds, to accommodate the trunk system, than the development itself
would require under current regulations, the oversizing cost will be funded
by the Storm Water Trunk Fee. The development pays all costs associated
with its own storm drainage needs.
At the City Council's June 7, 1999 meeting the staff recommended that the
City Council authorize WSB & Associates to complete a Storm Water Trunk
Fee Justification Report in an amount not to exceed $18,560 by adoption of
Resolution 99-58. A contract was never executed as it became apparent
that the process which was proposed was unacceptable both to the
Builder's Association and City staff. A new Request for Proposal (RFP)
was prepared and distributed to five companies, four of whom responded.
Copies of the RFP and the proposals are available for review in my office.
The City Manager, City Attorney and I have reviewed the four proposals as
have representatives of the Builder's Association. This report contains our
recommendation for completion of this work.
CURRENT CIRCUMSTANCES
The current policy seems to have addressed issues surrounding the
reimbursement of the Developer for storm water improvements and has
streamlined staff review of this aspect of proposed developments. It would
be appropriate at this time to conduct a fee justification report for the Storm
l~~le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Water Trunk Fee to provide a rational basis for collection of the fee and to
assure that the funds are commensurate with the stormwater system
required to serve the community at build-out.
As part of the stUdy, a City trunk storm sewer system will be identified in the
context of the local surface water management plan that is a part of the
2020 Comprehensive Plan. Issues that Staff feels require additional policy
debate will be brought to the Council for direction.
ISSUES
As Council is aware, the City is in the process of evaluating the fees the
City currently charges for development. In order to evaluate the Storm
Water Trunk Fee the City needs to do an engineering study that will identify'
a trunk storm sewer system and develop an estimate of cost associated
with constructing the system. As a professional service, this stUdy is not
subject to competitive bidding requirements. Staff requested proposals from
Bonestroo, Rosene, Anderlik & Associates (BRA), WSB & Associates, Inc.,
Howard R. Green Company and Barr Engineering ,Inc., all of which are
consulting engineering firms, to prepare a Storm Water Trunk Fee
Justification Report for the City. Evaluation criteria for the proposal
included: Similar projects; Understanding of the scope of work; Staff
expertise, Schedule, and price. The quotes provided were at hourly rates
with not to exceed amounts as shown in the table below:
2-.0(&13
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,-_. ,..- ,.,..-----
Consulting Firm
BRA, Inc.
WSB & Associates
Howard R. Green Co.
Barr Engineering
Amount
$20,673
$19,760
$26,420
$37,000
..---""
After evaluating each proposal, Staff recommends BRA (See attached
Exhibit A) due to their experience and project understanding. Although their
fee of $20,673 is $913 higher than WSB & Associates fee of $19,760, staff
feels that their approach to the project is superior. BRA & Associates has
verified that the $20,673 is a not to exceed fee.
We have discussed the study with the Twin City Builders Association who is
in the process of evaluating fees imposed in four specific cities. We believe
the purpose of the Association's evaluation may be to challenge those fees
similar to the collector street fee challenges. We have agreed that while the
City is the client for the study, that a small committee consisting of City staff
and Association members should oversee the study. Oversight does not
mean setting or influencing the fee but instead providing input to the
consultant with respect to StudY methodology. In June of 1999, the
Association agreed to pay up to $9,000 in study costs but indicated that
they would prefer OSM do the stUdy. Staff is pursuing this offer in light of
the new proposals. The study is likely to become the template for those
used in other communities to justify their fees.
FINANCIAL IMPACT: The City's funding for the proposed study would be from the Trunk Reserve
Fund which had a balance of $1,693,723 as of December 1, 1999. The
TRKFEE2,DQC
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
TRKFEE2,DOC
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cost of the study will be included as part of the cost to construct the City
trunk storm water system, and therefore will be recovered through the
Trunk Fee over time.
The alternatives are as follows:
1. Approve Resolution OO-XX authorizing BRA & Associates, Inc. to prepare
a Storm Water Trunk Fee Justification Report and rescinding Resolution 99-
58.
2. Table this Agenda item for a specific reason.
3. Deny this Agenda item for a specific reason.
Motion and second to adopt Resolution OO-XX authorizing BRA &
Associates, Inc. to prepare a Storm Water Trunk Fee Justification Report
for a fee not to exceed $20,673.00 to be paid from the Trunk Reserve Fund.
A copy of the City's tandardized agreement is attached.
. I
RESOLUTION DO-XX
AUTHORIZING BRA & ASSOCIATES, INC. TO PREPARE A
STORM WATER TRUNK FEE JUSTIFICATION REPORT
MOTION BY:
SECOND BY:
WHEREAS, the City Council of Prior Lake has adopted an interim Storm Water Trunk Fee to be
collected from developers within the City limits, and
WHEREAS, the Storm Water Trunk Fees collected will be used to construct the storm water trunk
facilities required to be built in the course of development of the City, and
WHEREAS, it is the City Council's desire to have a rational basis on which to justify established
development fees.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA,
BRA & Associates, Inc., is hereby authorized to prepare a Storm Water Fee Justification Report for a
fee not to exceed $20,673.00,
BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorized to execute the City's
Standard Professional Services Contract to complete this project.
BE IT FURTHER RESOLVED, funding for this justification report will be from the Trunk Reserve Fund.
BE IT FURTHER RESOLVED, that Resolution 99-58 is hereby rescinded in its entirety.
Passed and adopted this 3rd day of January, 2000.
YES
NO
Mader Mader
Ericson Ericson
Gundlach Gundlach
Peterson Peterson
Schenck Schenck
{Seal}
Frank Boyles
City Manager
City of Prior Lake
!~gle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
I I ,
J{]j Bonestroo
_ Rosene
~ Anderlik &
'1 \J 1 Associates
EXHIBIT IIAII
Bonestroo. Rosene. Anderlik and Associates. Inc, is an Affirmative Action/Equal Opportunity Employer
Principals: Otto G, S<;mestroo. PE. . Joseph C. Anderlik. PE. . Marvin lo Sorvala. PE, .
Glenn R, Cook. PE, . Robert G, Schunicht. PE, . Jerry A. Bourdon. PE, .
Robert W. Rosene. P.E.. Richard E. Turner. P.E. and Susan M. Eberlin. C.P.A., Senior Consultants
Associate Principals: Howard A. Sanfo'rd. P,E, . Keith A. Gordon. PE, . Robert R, Pfefferle. PE, .
Richard W, Foster. PE, . David 0, loskota, PE. . Robert C. Russek. A.I.A. . Mark A. Hanson. PE. .
MIChael T. Rautmann. P.E, . Ted K,Field. P.E, . Kenneth P Anderson. PE. . Mark R. Rolfs. PE. .
Sidney P Williamson. PE.. loS, . Robert F. Kotsmith . Agnes M. Ring. Allan Rick Schmidt. PE.
Offices: St, Paul. Rochester. Willmar and .,St, Cloud. MN . Milwaukee. WI
Website: www.bonestroo.com
Engineers & Architects
December 13, 1999
Sue McDennott, P.E.
Assistant City Engineer
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372-1714
Dear Ms. McDermott:
This letter proposal outlines our understanding of, approach to, and compensation for preparing a stonn
water trunk fee justification report for the City of Prior Lake.
Firm Introduction
Bonestroo is a multi-disciplined professional consulting finn with a 43-year history of offering
engineering and architectural services throughout the Midwest from its Minnesota offices in St. Paul,
Rochester, S1. Cloud and Willmar, and its Milwaukee, WI, office. The finn employs more than 300
people, including environmental, civil, Structural and electrical engineers; natural resources scientists;
architects and landscape architects; and GIS and construction services specialists.
Because Bonestroo detennines trunk fee estimates almost routinely as part of a storm water management
plan, sanitary sewer plan and/or water distribution plan, our finn has been involved in more than 30
projects similar to yours. Bob Barth was chosen to lead this effort because of its similarity to a project he
recently completed for the City of Woodbury.
Project Understanding
The City of Prior Lake seeks to update its method of applying stonn water trunk fees. To date, the City
has not done an in-depth analysis of the costs associated with future trunk facility construction. For this
reason, current trunk fees may not accurately represent the true costs associated with trunk facility
construction. The Stonn Water Trunk Fee Justification Report will establish a defensible method to
calculate the per-acre cost of future trunk stonn water infrastructure, and thus, limit the City's liability
regarding application oftrunk fees to developing parcels.
The primary challenge faced by the City is developing a rate schedule that is equitable and defensible, and
yet one that helps ensure the solvency of the City's stonn water trunk fund. Land use is one of the
primary determinants of trunk facility sizing. For instance, highly impervious commercial areas require
larger ponds and pipes than do residential developments. To more equitably apply the costs of trunk storm
water infrastructure, a sliding scale for trunk fees needs to be investigated.
The 1996 Prior Lake Local Stonn Water Management Plan (SWMP) splits the City into 12 major
drainage districts. These districts range in size from 2.8 square miles (Lower Prior Lake District) to 0.7
square miles (West Central Reservation District). The SWMP does not include information on pipes,
outlets or future ponds, so this information must be developed within the hydrologic analysis associated
2335 West Highway 36 · St. Paul, MN 55113 · 651-636-4600 . Fax: 651-636-1311
City of Prior Lake
December 13, J 999
Page 2
with the fee justification report. Based on this hydrologic analysis, a successful fee justification report
must develop a method to estimate facility needs, apply costs to these facilities, and then develop trunk
fees based on these costs.
Coordination with City Staff will be required to identify vacant land and estimate the most likely
development-phasing scenario. This operation will determine the cash flow implications of a given trunk
fee schedule. Additionally, the benefits of one single trunk fee must be weighed against the benefits of
more than one fee district. Different fee districts' mig~t be justified if the initial hydrologic analyses show
substantial variety in facility requirements, depending on the drainage district.
Project Approach
Bonestroo is to look at a 20-year development time frame. The area that might develop within this time
frame defines the study area.
Ltc project incorporates the following tasks:
Task 1:
Determine data needs. Define the most probable 20-year development scenario, and thus define the study
area.
Task 2:
Conduct a hydrologic analysis of those major drainage districts (from the SWMP) within the study area.
Task 3:
Determine the trunk costs, developable acres and corresponding trunk fees for the major drainage districts
within the study area
Task 4:
Determine whether the trunk fee should be applied on a citywide basis or on a Fee District basis.
Task 5:
Based on a best estimate of potential development phasing, conduct a cost recovery analysis.
Task 6:
Submit draft and final reports. Present results to Staff and City Council.
A discussion of the specific work tasks within each major task category follows:
Task 1: Determine data needs. Define the most probably 20-year development scenario, and thus, define
the study area. Subtasks include:
· Review the Prior Lake Local Storm Water Management Plan
· Collect and review other available data sources, including the Prior Lake Comprehensive Plan, USGS
topography and current trunk fee rates.
· Using recent development trends and the City's comprehensive plan, determine the specific areas
most likely to develop within a 20-year time frame.
Task 2: Conduct a hydrologic analysis of those major drainage districts (from the SWMP) within the
study area. Subtasks include:
I I .
City of Prior Lake
December J 3, J 999
Page 3
· Using the existing SWMP, determine the trunk facilities required to meet the SWMP goals in the
major drainage districts that include land within the 20-year development area. These facilities
include:
~ Ponding areas for water quality and quantity purposes. Excavation volumes will also be
determined. Contour maps with two-foot contour intervals are preferred for this subtask.
Where these are not available, 10-foot USGS contours will be used.
~ Trunk pipes
~ Outlet structures
Generally, analysis for the first five-year increment will be done to a greater level of detail than the
analysis for the subsequent 15 years. This approach concentrates effort on the more immediate trunk
facility and trunk financing needs of the City. This proposal assumes that the study area will include
sufficient land to absorb 150 housing units per year over 20 years. This is a rate similar to current
development trends. Additionally, it is assumed that the study area will include sufficient land to absorb
commercial development at a rate similar to what is currently observed.
Potential additional services include extending the analysis time frame beyond 20 years, or looking at
special problem areas or districts outside the study area (as directed by City Staff. Potential additional
services also include looking at more rapid development than that currently evident.
Task 3: Determine the trunk costs, developable acres, and corresponding trunk fees for the major
drainage districts within the study area. Subtasks include:
. In each of the districts, determine the costs for the facilities described above. These costs will include
construction and land and easement acquisition. Factors will be included for contingencies,
engineering, administration and fiscal impacts (carrying cost of money).
. Determine the area, and future land use, for undeveloped parcels within each ofthe major drainage
districts analyzed.
· Develop and compare potential trunk fees for all districts analyzed.
Task 4: Determine whether the trunk fee should be applied on a citywide basis or on a Fee District basis.
Subtasks include:
· Quantify the cost implications of each trunk fee strategy.
. In consultation with City Staff, determine whether the results of Task 3 warrant a Fee District
approach or a uniform City trunk stonn water fee.
Task 5: Based on a best estimate of potential development phasing, conduct a cost recovery analysis.
Subtasks include:
. Determine the most probable annual development phasing within the 20-year study area based on
discussions with City Staff and the City's Comprehensive Plan.
. Determine the phasing of trunk facilities within this 20-year time frame.
. Analyze cost recovery based on the proposed trunk fee schedule and the 20-year City trunk needs.
The cost recovery analysis helps ensure that adequate cash flow is available for trunk facility
construction. It also details the City's annual costs versus its potential revenue and, thus, serves as the
primary exhibit in justifying the trunk stonn water fees.
City of Prior Lake
December 13, 1999
Page 4
Task 6: Submit draft and final reports. Present results to Staff and City Council. Subtasks include:
· Prepare the draft report and submit five copies to City Staff for review.
· Revise the draft report according to staff comments.
· Submit 25 copies of the final report to the City, and present the final report to the City Council.
This proposal assumes that the project will require three meetings with City Staff and one City Council
presentation.
Schedule and Compensation
A proposed schedule and an estimate of our labor hours and costs are provided on separate pages.
Review of Prior Lake Standard Contract Language
There are some differences between Bonestroo's standard contract language and the City's standard
contract language. Our comments on some of the City's clauses follow. It is not unusual for an owner
and an engineer to have different perspectives as each has particular interests. In discussions ofthe issues
with our clients and their attorneys, we have always been able to work out terms acceptable to both
parties.
1. Regarding insurance and indemnification, a few minor changes are necessary so that our
obligations are covered by insurance currently available in the market. The following
changes are requested:
· In paragraph 21 (Indemnification), please insert the word "negligent" before the words "act or
omission" in the third line of the paragraph. Only negligent acts or omissions are insurable under
standard professional liability insurance.
· In paragraph 22(A) (General Liability Insurance), please insert the clause "to the extent possible."
after the words "No. 21" in the seventh line of the paragraph. General Liability insurance does
not cover professional liability claims, and thus it cannot cover the indemnification obligation of
paragraph 21 to the extent it is aimed at professional liability.
· In paragraph 22(C) (Professional Liability Insurance), please insert the word "negligent" before
the word "error" in the sixth line of the paragraph. As discussed above, Professional Liability
Insurance only covers acts and omissions that are negligent.
2. The proposed contract also states that the City owns the documents prepared by the
Consultant. To allow Bonestroo to reuse standard details and other parts that are vital to its
business, Bonestroo typically retains ownership of its documents but gives its clients the right
to use the documents for the project. Nevertheless, Bonestroo is willing to grant the City
ownership ifBonestroo can retain the rights it needs to continue its business. Further, if the
City owns the documents and plans on reusing them without Bonestroo's involvement,
Bonestroo should not be responsible if someone else misinterprets or misuses the documents.
Accordingly, we ask that paragraph 24 be reworded as follows:
All plans, diagrams, analysis, reports and information generated in connection with performance
of the Agreement ("Design Documents") shall become the property of the City, but the
Consultant retains an unrestricted right to use the Design Documents in the course of its business
and retains its rights in its standard drawing details and specifications, and in all field data, notes,
databases, computer files, software, proprietary property and intellectual property developed or
modified in the performance of its services. The City may use the Design Documents for
r 1
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City of Prior Lake
December 13,1999
Page 5
purposes related to the project which is the subject of this Agreement. If the City changes or
reuses the Design Documents without Consultant's involvement or review, the City waives claims
against the Consultant resulting from any such changes or reuse and, to the fullest extent
permitted by law, the City will defend and indemnify the Consultant from any such claims,
liability or costs (including reasonableattomey's fees and defense costs) arising or allegedly
arising from such changes or reuse.
Any questions you have regarding this submittal would be welcomed. I can be reached at (651) 604-4740.
I look forward to working with you on this important project.
Sincerely,
BOa' ROSENE, ANDERLIK
RO~::
Project Engineer
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Schedule
Stormwater Trunk Fee Justification Report
City of Prior Lake
2000
Task
January February
Project Authorization
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Submit Final Report
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 20th day of December, 1999, between the City of Prior Lake,
Minnesota (hereinafter "City"), whose business address is 16200 Eagle Creek Avenue S.E., Prior Lake,
MN 55372-1714, and Bonestroo. Rosene. Anderlik & Associates. a Minnesota corporation (hereinafter
"Consultant") whose business address is 2335 West Highwav 36. St. Paul. MN 55113.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, fIrms or corporations
providing such services enter into written agreements with the City. The purpose of this agreement is to
set forth the terms and conditions for the provision of engineering professional services by Consultant
for preparation of a Storm Water Trunk Fee Justification RetJort hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit
"A" in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described in
Exhibit A within the timeframe provided in Exhibit A unless otherwise agreed upon in writing.
3. Compensation for Services. City agrees to pay the Consultant $20.673.00 for the services as
described in Paragraph 1 (and Exhibit A).
A. Any changes in the scope of the work which may result in the compensation due the
Consultant shall require prior written approval by an authorized representative of the City
or by the City Council. The City will not pay additional compensation for services that
do not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the Scope of
the Work and to perform the following services:
A.
Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary the City
60104.03
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II" ~
shall obtain access to and make all provisions for the Consultant to enter upon public and
private lands or property as required for the Consultant to perform such services
necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to
all reports, sketches, estimates, drawings, and other documents presented by the
Consultant, and shall inform the Consultant of all decisions required of City within a
reasonable time so as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria,
including but not limited to, design and construction standards they may require in the
preparation of the report for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and defme the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills
for professional services performed under Section 4 of this Agreement. Bills submitted shall be
paid in the same manner as other claims made to the City.
A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate
for each employee, his or her name, job title, the number of hours worked, rate of pay for
each employee, a computation of amounts due for each employee, and the total amount
due for each project task. Consultant shall verify all statement submitted for payment in
compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable
expenses, if permitted in Exhibit A, the Consultant shall provide such documentation as
reasonably required by the City.
B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned
or suspended in whole or in part by the City, the Consultant shall be paid for any services
performed on account of it prior to receipt of written notice from the City of such
abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated
herein by reference.
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed
for the work of special consultants, as described in Section 3B, and for other items when
authorized in writing by the City. Such items shall include: transportation of principals
and employees on special trips to the Project or to other locations, materials and supplies,
and AutoCAD as required to expedite the work, and reproduction of reports.
7. Project Manager and Staffing. The Consultant has designated Dan Edgerton and Bob Barth to
serve on the Project. They shall be assisted by other staff members as necessary to facilitate the
completion of the Project in accordance with the terms established herein. Consultant may not
60104.03
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2
remove or replace Dan Edgerton and Bob Barth, from the Project without the approval of the
City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Scott County, Minnesota for professional services of the like kind..
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such of the Consultant's books and records as are pertinent to all services provided
under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled
by, the Consultant under this Agreement which the City requests to be kept confidential shall not
be made available to any individual or organization without the City's prior written approval. All
fInished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs,
and reports prepared by the Consultant shall become the property of the City upon termination of
this Agreement, but Consultant may retain copies of such documents as records of the services
provided.
10. Term. The term of this Agreement shall be from December 20. 1999 through April 30. 2000,
the date of signature by the parties notwithstanding. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and
upon the terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days' written
notice delivered to the other party at the address written above. Upon termination under this
provision if there is no fault of the Consultant, the Consultant shall be paid for services rendered
and reimbursable expenses until the effective date of termination. If however, the City terminates
the Agreement because of the Consultant has failed to perform in accordance with this
Agreement, no further payment shall be made to the Consultant, and the City may retain another
contractor to undertake or complete the work identified in Paragraph 1. If as a result, the City
incurs total costs for the work (including payments to both the present contractor and a future
contractor) which exceed a maximum Agreement amount, if any, specified under Paragraph 3,
then the Consultant shall be responsible for the difference between the cost actually incurred and
the Agreement amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this
Agreement except as noted in the Scope of Work, without the express written consent of the
City. The Consultant shall pay any subcontractor involved in the performance of this Agreement
within the ten (10) days of the Consultant's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Consultant fails within that time to pay the
subcontractor any undisputed amount for which the Consultant has received payment by the City,
the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5
percent per month or any part of a month. The minimum monthly interest penalty payment for
an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the
Consultant shall pay the actual interest penalty due to' the subcontractor. A subcontractor who
prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs
and disbursements, including attorney's fees, incurred in bringing the action.
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13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be construed
so as to fmd the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability, or
age. The Consultant shall post in places available to employees and applicants for employment,
notices setting forth the provision of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The Consultant shall incorporate the
foregoing requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject matter
hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall
abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to
be provided. Any violation shall constitute a material breach of this Agreement and entitle the
City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
21. Indemnification. Consultant agrees to indemnify and hold the City, its officers, and employees
harmless from any liability, claims, damages, costs, judgments, or expenses, including
reasonable attorney's fees, resulting directly or indirectly from negligent acts, or omissions
including without limitation professional errors or omissions) of the Consultant, its agents,
employees, or subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any respect, all
60104.03
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obligations under this Agreement. The Consultant is not responsible for indemnifying the City
for any negligent acts of its officers or employees.
22. Insurance.
A. General Liability. During the term of this Agreement, Consultant shall maintain a
general liability insurance policy with limits of at least $600,000 for each person, and
each occurrence, for both personal injury and property damage. This policy shall name
the City as an additional insured for the services provided under this Agreement and shall
provide that the Consultant's coverage shall be the primary coverage in the event of a
loss. The policy shall also insure the indemnification obligation contained in Paragraph
No. 21 to the extent possible. A certificate of insurance on the City's approved form
which verifies the existence of this insurance coverage must be provided to the City
before work under this Agreement is begun.
B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will
protect Consultant from claims under the Worker's Compensation Acts and from claims
for bodily injury, death, or property damage which may arise from the performance of
Consultant's services under this Agreement.
C. Professional Liability Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability insurance
policy. Said policy shall insure payment of damage for legal liability arising out of the
performance of professional services for the City, in the insured's capacity as the
Consultant, if such legal liability is caused by a negligent error, omission, or negligent act
of the insured or any person or organization for whom the insured is legally liable. Said
policy shall provide an aggregate limit of $1,000,000.
23. Records Access. The Consultant shall provide the City access to any books, documents, papers,
and records which are directly pertinent to the specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions, for three years after [mal payments and all other
pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in
connection with performance of the Agreement ("Design Documents") shall become the property
of the City, but the Consultant retains an unrestricted right to use the Design Documents in the
course of its business and retains its rights in its standard drawing details and specifications, and
in all field data, notes, databases, computer files, software, proprietary property and intellectual
property developed or modified in the performance of its services. The City may use the Design
Documents for purposes related to the project which is the subject of this Agreement. If the City
changes or reuses the Design Documents without Consultant's involvement or review, the City
waives claims against the Consultant resulting from any such changes or reuse and, to the fullest
extent permitted by law, the City will defend and indemnify the Consultant from any such claims,
liability or costs (including reasonable attorney's fees and defense costs) arising or allegedly
arising from such changes or reuse.
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25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
Executed as of the day and year first written above.
Reviewed for form:
CITY OF PRIOR LAKE
City Engineer
City Manager
BRA & ASSOCIATES, INC.
By:
Its:
By:
Its:
60104.03
General Prof. Services
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Page 1 of 1
From: Gundlach, Michael D <mgundlach@Carlson.com>
To: Frank Boyles <fboyles@cityofpriorlake.com>
Date: Monday, 03 January, 2000 8:37 AM
Subject: RE: Computer Network Upgrade
Frank, got your email this morning as I was out Friday.
After our discussion Saturday, it sounds Iike'we should get together rather
quickly and discuss results of any computer glitches that your staff
experienced. We can then (with Larry) discuss or examine causes and discuss
remedies (Le.: upgrades) needed and begin moving forward with the fix
before we begin loosing data also due to non compliant software if any.
New topic: Tonight's agenda includes a rate increase for water. Wes tells G) ~ n,1,;o0= '/~ ,,-<-
POS'"'r\'IJ("'oo
me that this was covered last summer or fall in a workshop and that he
doesn't have a problem with it. I was going to ask the question and request@ 2.5:000 l:........, ~.....'...r
an explanation of this increase, why its needed or where the increase in
costs were as I wasn't at the previous workshop. I don't want to blindside
anyone on this or put them (Ralph) or anyone on the spot, but feel I should
know the answer before voting on it, so that I can explain it if questioned ~l\...Ollt<'.O P...'.;'.....
why. Therefore I will ask the question, in order to cover the issue, and IN~n.h.~" GI,.. <t'3,OCL>
now I can be sure of a good explanation that will sit well with everyone.
.....~"'~,l;>.,..,~
f"v.... p
--
tt.~"........"" ,:"\0 ''''<co.''o;~
Thanks,
Mike Gundlach
> -----Original Message-----
> From: Frank Boyles [SMTP:fboyles@cityofpriorlake.com]
> Sent: Friday, December 31,19998:36 AM
> To: Gundlach, Michael D
> Subject: Computer Network Upgrade
>
> Mike, thanks for the E-Mail regarding network upgrade! wireless building
> connections. I appreciate you willingness to take a lead role, especially
> given your expertise and information network in this area. You I and Jim
> agreed we would meet again on this subject. Would you let me know when
> things settle down for you so I can schedule the meeting? Happy New Year!
> Frank
>
>
01103/2000
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