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HomeMy WebLinkAbout10 - C.R. 42 Landscape Plan AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 10 LARRY J. ANDERSON REVIEW LANDSCAPE IMPROVEMENTS APRIL 5, 1993 CSAH PLANS FOR 42 Scott County is completing plans for widening CSAH 42 from Boone Avenue to Ferndale Avenue. Toltz, King, Duvall, Anderson & Associates, Inc. (TKDA) has prepared preliminary plans for the landscaping for this project. The Landscape Plan also provides for a buffer between the roadway and the residents to the south. Staff would like to review the plantin9 plan with the City council prior to presentlng the plans to the residents. After meeting with the residents, final ~lans will be developed and presented to the Clty Council with the roadway plans. On February 16, 1993, the City Council approved having TKDA prepare a Landsca~e Plan for CSAH 42. The Landscape Plan WhlCh has been prepared deviates from the past improvements which were prepared for CSAH 21. The planting/screening plan is more of a natural, prairie theme. This utilizes native prairie grasses, wild flowers, shrubs and trees to tie the project together and provide a more immediate dense screening for the residents. Please refer to the attached memorandum from TKDA describing in detail the proposed Landscape Plan. The Landscape Plan provides economical screening for the residents in a shorter timeframe than using methods such as dense pine trees. The prairie grass, wild flower, shrubs and trees will provide color and tie the wooded, open and residential areas together with an economical, low maintenance design. Staff will present the plans to the Council at the meeting for their input. This natural, prairie theme varies from past improvements and Staff seeks Council direction. with council's concurrence, Staff 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: along with Scott County's personnel will conduct an Informational Meeting with the residents for the input prior to preparing the final plans. The final landscape plans will be presented to the City Council with the final CSAH 42 plans. The City Council alternatives: following has the 1. Plan and prairie Accept the proposed Landscape approve in concept the natural, landscape theme. 2. Request modifications to the Landscape Plan to reflect Council's direction. 3. Reject the Landscape Plan and provide direction to Staff for preparation of a new plan or deletion of a Landscape Plan. Staff would recommend Alternative Number 1. Motion by the City Council to approve the concept of the natural, prairie landscape theme for CSAH 42 improvements. CSAH 42 LANDSCAPE DESIGN CITY OF PRIOR LAKE, MN BASIS OF DESIGN MARCH 22, 1993 As one of the main thoroughfares in Prior Lake, design of CSAH 42 will have a major Impact on the City's image both to residents and to those who travel through the community. It will be Important to restore vegetation in a manner which provides design continuity along the 1.6 mile long stretch of highway reconstruction while providing a visual link to the surrounding landscape. In addition to aesthetic considerations, certain functional requirements will need to be satisfied such as screening for residential properties and addressing ongoing maintenance costs. Prior Lake is located on the edge of the Twin Cities Metropolitan area where the City meets the Country. Areas to the south and west are primarily rural in character and represent the edge of what was once a vast prairie which extended westward across the Great Plains. Reestablishing a prairie and woods edge plant community along reconstructed CSAH 42 will visually tie this landscape to the surrounding countryside while offering a technique to establish overall design continuity along a corridor that has such diverse land characteristics as woods, fields, old and new residential tract development, as well as small estates and hobby farms. Prairie grasses and flowers will be the constant unifying vegetation that can be used throughout including such restrictive areas as under power lines (large trees are not permitted), within 10 feet of the roadway (large trees are prohibited for safety reasons) or within required site lines at intersections (shrubs and trees can block site lines; short prairie grasses, up to 12", will be used In these areas and within 10' of the highway). The woods edge plant community, which includes such species as sumac, aspen, American plum and hawthorn, will be used In conjunction with the prairie plant community to provide additional color and interest while accomplishing functional requirements such as screening for adjacent residential properties. The growing season will start with a profusion of color from the flowering of small ornamental trees to a finale of prairie flower bloom in the fall. The prairie grasses, having taken on a reddish hue in the fall, will continue to provide color and texture into the winter months. Prairie flowers will be interspersed through the entire length of prairie reestablishment, however, certain highly visible areas will have a higher concentration of prairie flowers introduced. In particular, the City water tower site at the intersection with CSAH 18 will have an abundance of prairie flowers and small ornamental trees. This will create a pleasant "entrance" to the City for those arriving from the north on CSAH 18 or from the west along CSAH 42. At locations where Prior Lake is visible, plantings will be designed to frame and enhance views of the lake. The prairie and woods edge planting scheme has some very practical benefits beyond creating a high quality visual experience. It is an economical solution for landscaping this length of highway. Most of the prairie species will be established by seeding. The cost of this is just slightly higher than typical roadside seeding and significantly less than sodding. Many small plants will be planted for the Wood's edge plant community in lieu of fewer large ones. These will be located in "no mow" prairie grass areas which allows "volunteer" plants to sprout up amongst the planted ones, thus creating a thicket in a short amount of time. A diversity of plant species will be planted to provide both fast growing, quickly established screening and slower growing, longer lived trees. Once established, prairie grasses with their well-developed root systems, provide excellent soil stabilization. The diversity of species within this plant community supports a higher quantity and diversity of wildlife. The prairie grasses will help reduce storm water runoff and increase water quality by filtering the runoff. Ongoing maintenance costs will be greatly reduced with the prairie landscape. Instead of weekly or monthly mowings, the prairie can be burned or mown every 2 or 3 years. The proposed planting scheme, utilizing native prairie and woods edge plant species, will provide the City of Prior Lake with a quality image while addressing a vast array of functional requirements. -1- 10375-01 ~-I AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This Agreement is made this _ day of , 1993, between: The City of Prior Lake, Scott County, Minnesota hereinafter called "THE OWNER" and Maier Stewart and Associates, Inc., a professional corporation with offices at: 1959 Sloan Place and St. Paul, Minnesota 55117 9300 Shelard Parkway Minneapolis, Minnesota 55441 hereinafter referred to as "THE ENGINEER". WHEREAS, THE OWNER is authorized and intends to employ the services of THE ENGINEER from time to time in the construction of public works and in providing general engineering services for THE OWNER, and WHEREAS, the services will include in some instances single construction projects comprised of a full project sequence to include the development of reports, plans and specifications, bidding documents, contract administration and construction inspection, and WHEREAS, in other instances the work may vary and not include the full project sequence, and WHEREAS, it is intended that this Contract shall govern the terms of employment of THE ENGINEER and all the conditions thereof, and THE OWNER desires to engage the services of THE ENGINEER in connection with said work: NOW, THEREFORE, IN CONSIDERATION of the mutual covenants of this Agreement as set forth herein, IT IS AGREED BY and between the parties as follows: SECTION I. THE OWNER hereby employs THE ENGINEER to furnish and perform the professional services hereinafter specified, subject to the conditions noted herein below; and THE ENGINEER agrees to render and perform any and all engineering services in connection with any of the above-mentioned work, in the manner and subject to the conditions noted herein. SECTION II. THE ENGINEER, upon direction of THE OWNER, agrees to perform when authorized in writing by THE OWNER the Engineering Services as follows and as further described by Exhibit 1 attached to and made a part hereof. PSA-900.138 -1- PSA-900.138 A. Services of the Engineer on Improvement Projects: 1. Plan and Plat Review: THE ENGINEER shall review submittals for land subdivision and municipal improvement projects for conformance with City requirements, guidelines, and policies for compliance with generally accepted engineering principles. THE ENGINEER shall prepare a report summarizing the findings and exceptions, and shall meet with THE OWNER as required to discuss these findings. 2. Feasibility RtaJQrt: THE ENGINEER shall meet with THE OWNER staff and/or developer(s) to discuss the proposed Project and the scope of the report. THE ENGINEER shall then perform the necessary research and analysis and write a draft report. Following completion of the draft report, it shall be reviewed by THE OWNER staff and developer(s) and modified as directed by THE OWNER Staff. The fmal report will be bound and up to 10 copies provided to THE OWNER. THE ENGINEER shall make a presentation to the City Council and at public hearing(s) scheduled by the City Council. Visual aid charts shall be included as part of the feasibility report. 3. Contract Documents: From the approved feasibility report THE ENGINEER shall prepare drawings, specifications, and other necessary documents completely describing the material and workmanship required and procedures to be followed for the construction of the Project. THE ENGINEER shall adjust the feasibility report construction cost estimate to include changes in the scope of the Project, THE OWNER's requirements, and market conditions. Contract documents shall include alternate proposals when requested by THE OWNER. Plans and specifications shall be reviewed by THE ENGINEER, City Staff, and developer(s) of the property(s) where applicable. THE ENGINEER shall present or send plans and specifications including required application forms to various agencies for approval as necessary, including Department of Natural Resources, Watershed Boards, Pollution Control Agency, Department of Health, County Highway Department, Minnesota Department of Transportation, and others. THE ENGINEER shall present plans and specifications to the City Council for their approval. 4. Receipt of Proposals: THE ENGINEER shall prepare advertisement for bids incorporating times and dates set forth by the City Council. THE ENGINEER shall furnish up to 15 sets of drawings (full- or half-size) and specifications, as directed by THE OWNER for the use of bidders in submitting proposals. -2- THE ENGINEER shall assist THE OWNER in securing proposals from bidders, in analyzing such proposals, in making recommendations to City Council, and in preparing the construction contract for execution by the Contractor. 5. Durine Construction: THE ENGINEER shall provide general review of construction to check the Contractor's work for general compliance with the drawings and specifications and shall endeavor to protect THE OWNER against defects and deficiencies in the work of the Contractor, but THE ENGINEER does not guarantee the Contractor's performance. THE ENGINEER's general review shall not include furnishing a full- time resident Engineer, but shall include the following services: a. PSA-900.138 Additional instruction: THE ENGINEER shall issue such additional instructions to the Contractor as may be necessary to interpret the drawings and specifications or to illustrate changes required in the Contractor's work. b. Contractor's Submittals: THE ENGINEER shall check shop drawings, samples, equipment, approval data, and other data submitted by the Contractor for compliance with the drawings and specifications. c. Contractor's Requests for Payment: THE ENGINEER shall review the Contractor's request for progressive payment, and based upon on-site observations, advise THE OWNER as to THE ENGINEER's opinion of the extent of the work completed in accordance with the terms of the Construction Contract and issue a Certificate for Payment in the amount owed the Contractor. The issuance of Certificates for Payment shall constitute a declaration by THE ENGINEER to THE OWNER, based upon on-site observations, review, and data accompanying the request for payment, that the Contractor's work has progressed to the point indicated; that to the best of THE ENGINEER's knowledge, information, and belief, the quality of the Contractor's work is in accordance with the Construction Contract Documents (subject to subsequent tests and review required by the Construction Contract Documents, to correction of minor deviations from the Construction Contract Documents, and to qualifications stated in the Certificate for Payment); and that the Contractor is entitled to the amount stated. d. Visits to the Site: THE ENGINEER shall make periodic visits to the site to check the Contractor's work for general compliance with the contract documents and to -3- determine the extent of work completed for checking of Contractor's requests for payment. e. Progress Meetings: THE ENGINEER shall meet periodically with the City Engineer during the construction of the Project to discuss progress on the Project, change orders, or problems which may have developed. f. Special Performance Tests: THE ENGINEER or his agent shall witness and fully report the results of all performance tests required during the normal course of the Project. Special performance tests shall be included in the Construction Documents. g. Final Acceptance: Upon completion of all construction, THE ENGINEER shall arrange for final inspection of the Project. Inspection shall be made jointly by representatives of THE OWNER, THE ENGINEER, and the Contractor. Upon completion of inspection and correction of any noted deficiencies, THE ENGINEER shall certify his recommendation for acceptance to THE OWNER giving the date of final completion, date of substantial completion, and contract completion date, liquidated damages where applicable, and his approval of the Contractor's final request for payment. h. Instruction to the City: THE ENGINEER shall arrange for detailed instruction by the Contractor and manufacturer's representatives of THE OWNER or his delegated representative in the proper operation and maintenance of the equipment furnished and installed for the Project. THE ENGINEER shall certify and transmit to THE OWNER two (2) copies of all necessary drawings and operation manuals for all equipment, as required by the Project construction plans and specifications. 6. Completion of Project a. Record Drawings: Record drawings shall be furnished to THE OWNER within sixty (60) days after THE ENGINEER submits the Contractor's final payment to THE OWNER for processing. All field information gathering shall be construed as Extra Services of THE ENGINEER. b. Assessment Roll Preparation: THE ENGINEER shall provide THE OWNER with such construction and PSA-900.138 -4- engineering costs necessary for preparation of assessment rolls. He shall attend assessment hearings and answer questions of the public if requested by THE OWNER. 7. Revision to Project Plans and Documents When necessitated by a change in project concept or scope, THE ENGINEER shall make those revisions to project plans and documents as may be required to describe said changes in project scope or concept. 8. Surveyin~ and Construction Staking THE ENGINEER shall provide such preliminary surveying or construction staking as requested by THE OWNER. 9. Resident Inspection THE ENGINEER shall provide resident inspection services of projects. These projects may be designed by THE OWNER, THE ENGINEER, or others. THE ENGINEER shall document activities and shall be limited in duties and responsibilities as described by Exhibit 2. As noted by this exhibit, the resident construction inspector shall provide certain on-site testing. In recognition of the cost and time savings provided by such services, THE OWNER shall include language as shown by Exhibit 3 as a special provision on any work to be covered by this contract task. 10. Testing Services THE ENGINEER shall coordinate such materials and equipment testing as may be required to provide THE OWNER with a degree of assurance that the Contractor is providing materials, equipment, or services as are required by the construction contract documents. In the event that THE ENGINEER is not qualified to perform such tests, a Subcontractor to THE ENGINEER shall be retained to fulfill such requirements of the construction contract. 11. Coordination of Appraisals. Easements. and Property Descriptions THE ENGINEER shall provide such legal descriptions and exhibits as may be required to accommodate THE OWNER's need for right-of-way, easements, or property acquisition. THE ENGINEER shall work with the City Attorney to provide assistance and input in the preparation of such recordable property instruments. THE ENGINEER shall obtain quotations PSA-900.138 -5- from qualified real estate appraisers and shall provide such field staking as may be required to obtain appraisals on the worth of such takings or property acquisition. 12. Preparation of Environmental Assessment Work Sheets. Wetland Delineation Maps. or Environmental Impact Statements THE ENGINEER shall prepare or review such environmental review of projects as may be required by state, county, or other regulatory agencies. Included as part of this task shall be Environmental Assessment Worksheets, Wetland Delineation, or Environmental Impact Statements. 13. PreJ>aration of Assessment Roll and Assessment Hearing Notices THE ENGINEER shall assist City staff in the preparation of assessment roll, mailing lists, and public notices as may be required by MS 429. 14. Expert Testimony THE ENGINEER shall provide such technical input and testimony as may be required by THE OWNER in proceedings involving condemnation, arbitration, and litigation, or other procedures involving the project in instances when THE ENGINEER is not a party to such actions. SECTION ID. OWNER'S RESPONSIBILITIES THE OWNER shall: A. Provide all criteria and full information as to THE OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which THE OWNER will require to be included in the Drawings and Specifications. B. Assist THE ENGINEER by placing at its disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. C. Furnish to THE ENGINEER, as required for performance of THE ENGINEER's Basic Services, data prepared by or services of others, including without limitation core borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; PSA-900.138 -6- zoning, deed, and other land use restrictions; and other special data or consultations not covered in Section II, of which THE ENGINEER may rely upon in performing his serviceS. D. Arrange for access to and make all provisions for THE ENGINEER to enter upon public and private property as required for THE ENGINEER to perform its services. E. Examine all studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by THE ENGINEER, obtain advice of an attorney, insurance counselor, and other consultants as THE OWNER deems appropriate for such examinations, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of THE ENGINEER. F. 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 Project. G. Provide such accounting, property appraisal, independent cost estimating, and insurance counseling services as may be required by THE OWNER for the Project, such legal services as THE OWNER may require or THE ENGINEER with the consent of THE OWNER may deem reasonable with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing services as THE OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid to it under the Construction Contract, and such additional inspection services as THE OWNER may deem necessary to ascertain that Contractor(s) are complying with any law, rule, or regulation applicable to their performance of the work. H. The City Engineer shall be THE OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define THE OWNER's policies and decisions with respect to materials, equipment, elements, and systems pertinent to THE ENGINEER's services. 1. Give prompt written notice to THE ENGINEER whenever THE OWNER observes or otherwise becomes aware of any development that affects the scope or timing of THE ENGINEER's services, or any defect in the work of Contractor(s). J. Furnish, or direct THE ENGINEER to provide necessary Additional Services as stipulated in Section II of this Agreement, or other services as required. Such services shall include investigations by a competent soil exploration and testing firm to determine the appropriate sub grade soil support values. K. Bear all costs incident to compliance with the requirements of this Section III. PSA-900.138 -7- SECTION IV. PERIOD OF SERVICE A. The provisions of this Section IV and the various rates of compensation for THE ENGINEER's services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. THE ENGINEER's obligation to render services hereunder will extend for a period of months as described by Exhibit 1 attached. THE ENGINEER's period of service shall commence from issuance of notice to THE ENGINEER to proceed with the basic services outlined in Section IT. The general schedule shall be as shown in Exhibit 1 attached hereto by reference. B. If THE OWNER has requested significant modifications or changes in the extent of the Project, the time of performance of THE ENGINEER's services and its various rates of compensation may be adjusted appropriately by agreement of the parties. C. If THE ENGINEER's services during construction of the Project are delayed or suspended in whole, or if THE ENGINEER for any reason is required to render services more than one year after Substantial Completion, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. SECTION V. COMPENSA TION THE OWNER shall compensate THE ENGINEER for its servIces performed under this Agreement. A. ~ Compensation to THE ENGINEER shall be based on monthly progress invoices detailing services rendered and expenses incurred. Invoices shall separately state THE ENGINEER's costs as outlined below. 1. Labor charges for the time of employees directly chargeable to the Project will be based on the hours worked and their respective hourly billing rate. Hourly billing rates include direct salary, fringe benefits, overhead, transportation, traveling expenses, identifiable supplies, AutoCAD, identifiable reproduction costs and profit. Hourly billing rates are listed in Exhibit 1 appended hereto. 2. Direct non-salary expense including: Professional fees of outside associates, architects, or other engineers for special services outside the technical expertise of THE ENGINEER with THE OWNER's prior approval, and any out-of-state travel expenses. Direct non-salary expenses shall be specific to this contract scope only. PSA-900.138 -8- B. Maximum Comoensation Except to the extent that any supplemental agreement increases the scope, character, or complexity of the work or as otherwise provided herein, the maximum compensation to THE ENGINEER for work performed under this Agreement shall not exceed the sum as described by Exhibit 1. C. Additional Services For furnishing additional services as may be authorized by THE OWNER such as those described by Section II, THE ENGINEER shall be compensated in accordance with a supplemental agreement negotiated and executed prior to furnishing such services. D. Pavment Scbedule 1. THE ENGINEER will fully document any billings questioned or disputed by THE OWNER and will not expect payment until 30 days after providing such documentation. 2. THE ENGINEER will expect interest charges to be accrued against payment delays which are received beyond due dates. 3. In the event of a claim being disputed, no interest will be accrued against amounts finally determined not to be due THE ENGINEER. 4. The interest rate which will be used to calculate such amounts due as a result from payment delays shall be such as necessary to cover THE ENGINEER's actual cost of borrowing, from the 30th day following the issuance of invoices but shall not exceed the statutory rate as per MS 471.425. SECTION VI. OPINIONS OF COST A. Opinions of Cost 1. Since THE ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, its opinions of probable Project Cost and Construction Cost provided for herein are to be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but THE ENGINEER cannot and does not guarantee that proposals, bids, or actual Project or Construction Cost will not vary from opinions of probable cost prepared by him. If prior to the Bidding or Negotiating Phase THE OWNER wishes greater assurance as to Project or Construction Cost, it shall employ an independent cost estimator as provided in Paragraph G of Section ill. PSA-900.138 -9- SECTION VIT. GENERAL CONSIDERATIONS A. Termination Either party has the right with or without cause to terminate or to reduce the scope of any work authorized under this Agreement. Any such action shall be provided in a written form between the parties. In the event of such termination, THE ENGINEER shall make available to THE OWNER all plans, reports, and working documents prepared pursuant to this Agreement. THE OWNER shall in turn make payment for all amounts due THE ENGINEER incurred to the time of termination plus any expenses associated with delivery of said materials. B. Reuse of Documents All documents including Drawings and Specifications prepared by THE ENGINEER pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by THE OWNER or others on extensions of the Project or on any other project. c. Controlline Law This Agreement is to be governed by the law of the State of Minnesota. D. Successors and Assims 1. 2. 3. PSA-900.138 THE OWNER and THE ENGINEER each binds itself and successors, executors, administrators, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. Neither THE OWNER nor THE ENGINEER shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except as stated in Paragraph vn A. and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent THE ENGINEER from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of services hereunder. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than THE OWNER and THE ENGINEER. -10- E. Arbitration 1. All claims, counterclaims, disputes, and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof may be decided upon consent of THE OWNER and THE ENGINEER by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect, subject to the limitations and restrictions stated in Paragraphs vn E.3. below. This Agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Paragraph vn E. will be specifically enforceable under the prevailing arbitration law of any court having jurisdiction. 2. Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the American Arbitration Association. The demand must be made within a reasonable time after the claim, dispute, or other matter in question has arisen. In no event may the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations. 3. No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder, or in any other manner, any person or entity who is not a party to this Agreement. 4. The award rendered by the arbitrators will be final, not subject to appeal and judgment may be entered upon it in any court having jurisdiction thereof. SECTION vm. SPECIAL PROVISIONS A. THE OWNER and THE ENGINEER agree that this Agreement is subject to the following special provisions which together with the provisions hereof and the exhibits and schedules attached hereto represent the entire Agreement between THE OWNER and THE ENGINEER. They may only be altered, amended, or repealed by a duly executed written instrument. 1. THE ENGINEER assures THE OWNER that he has the necessary staff, expertise, and technical facilities to completely undertake the work herein described . 2. THE ENGINEER agrees to hold harmless, defend, and indemnify THE OWNER for legal liability arising out of the negligence of THE ENGINEER, its employees or its agents. PSA-900.138 -11- 3. THE ENGINEER agrees to carry the insurance coverages listed below in the amounts shown: INSURANCE TYPE AMOUNT OF COVERAGE Business Auto Comprehensive General Liability Professional Liability and E & 0 Valuable Papers $ 600,000 CSL or Equivalent $1,000,000 CSL or Equivalent $1,000,000 CSL or Equivalent $ 100,000 CSL or Equivalent 4. THE ENGINEER agrees to name THE OWNER as additional insured on the Business Auto and General Liability Policies and provide THE OWNER with certificates of insurance for all policies listed above with irrevocable notice to THE OWNER from the carrier or the carrier's representative 10 days prior to any changes, modification, cancellation, non-renewal, or lapse of the policies herein described. 5. THE ENGINEER agrees to provide THE OWNER with proof of Worker's Compensation coverage as required by Minnesota Statute. 6. The following Exhibits are attached to and make a part of this Agreement: Exhibit 1 Exhibit 2 Exhibit 3 April 1993 Work Scope Duties of Resident Project Inspector Special Provisions Testing PSA-900.138 -12- B. THE ENGINEER shall provide THE OWNER one set of reproducible record plans and specifications describing the project and one set of working notes and calculations describing design methods. c. This Agreement (consisting of pages 1 to 8, inclusive), together with the Exhibits identified above, constitutes the entire agreement between THE OWNER and THE ENGINEER for the services described herein and supersedes all prior written and oral understandings. This Agreement and said Exhibits may only be amended, supplemented, modified, or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties have executed the Agreement as of the day and year first above written. CITY COUNCIL, CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA MAIER STEWART & ASSOCIATES, INC. Mayor BY:~ P~~ By: And: City Manager And: ~tUlA.eJ Vice PI .tlent APPROVED AS TO FORM By: ~\ s ffi~ Date l City Attorney PSA-900.138 -13- ""'rilriJ PRIOR LAKE April 1993 Workscope 93.1 EXHIBIT 1. ENGINEERING SERVICES CITY OF PRIOR LAKE This supplement dated this to be provided to the day of April, 1993, describes engineering services City of Prior Lake hereinafter called "THE OWNER", and Maier Stewart & Associates, Inc. a professional corporation with offices at 1959 Sloan Place and St. Paul, Minnesota 55117 9300 Shelard Parkway Minneapolis, Minnesota 55441 WHEREAS, this Supplement is attached to and shall be considered a part thereof an Agreement for Engineering Services between THE OWNER and THE ENGINEER dated April, 1993. WHEREAS, this Supplement describes THE ENGINEER's scope of work to provide professional services on various municipal projects, IT IS AGREED BY and between the parties as follows: SECTION ll. THE ENGINEER, upon written direction of THE OWNER, agrees to perform the following Engineering Services: A. General: THE ENGINEER shall serve as THE OWNER's professional representative in the planning, design, and general review of construction of the project, and shall give consideration and advice to THE OWNER during the performance of its services. B. Basic Services of THE ENGINEER: THE ENGINEER shall provide services as noted herein on the following projects: PSA-900.138 -14- Bl. Business Office Park Storm Sewer and Ponding The City of Prior Lake intends to construct a storm water system (650 LF) intercepting drainage from properties along Industrial Circle, eliminating hillside drainage. Storm water treatment will be accomplished in a regional detention pond prior to its discharge into Markley Lake. The pond may also serve to treat storm water discharged from the CSAH 21 upgrade project, and as such will require coordination with Scott County. It will accommodate runoff from the Business Office Park on the south side of CSAH 21. The major project elements are defined by the City's RFP. The CSAH 21 storm sewer design is not included in this level of service estimate. The major contract work elements are: II.A.3. II.A.4. II.A.5. II.A.6. II.A.8. II.A.9. II.A.I0. II.A.II. II.A.12. Construction Documents Receipt of Proposals During Construction Completion of Project Construction Staking Resident Inspection Testing Services Coordination of Appraisals, Easements, and Property Descriptions Wetland Delineation B2. Forest Oaks Subdivision The Forest Oaks Subdivision, an 8-10t plat, is being platted by a developer. The project was petitioned under MS 429 to include the three properties on the west side of Forest Circle. The proposed improvements consist of approximately 660 LF of sewer, water, and streets. The project, a new plat abutting an existing gravel street, should not require property acquisition. We presume that preliminary cul-de-sac street grades and lot pads will be provided by the developer. The major contract work elements are: II.A.3. II.A.4. II.A.5. II.A.6. II.A.8. II.A.9. PSA-900.138 Construction Documents Receipt of Proposals During Construction Completion of Project Construction Staking Resident Inspection -15- II.A.10. II.A.!1. ll.A.12. B3. Carria2e Hill Parkway Testing Services Easements Wetland Delineation Carriage Hill Parkway is proposed as a 2,650 LF 2-lane divided street and will serve as the entrance to the Carriage Hills 2nd Addition (private development). The roadway design is to include turn lanes, walks, landscaped boulevards, and median. The project will be funded, in part, by Municipal State-Aid funds. Property and easement acquisition will be required to develop a lOS-foot wide right-of-way to contain two 18-foot wide driving lanes and an 18-foot wide median which will accommodate brick sidewalk crossings, trees, and shrubs, and turning lanes. Easements will also be required to accommodate storm drainage north from Carriage Hill Parkway to a privately owned pond. THE ENGINEER will coordinate utility installation with the developer and will provide wetland delineation along the proposed roadway alignment. THE ENGINEER will provide an MSAS right-of-way plan and EA W as part of this task. The major contract work elements are: IT.A.3. IT.A.4. IT.A.5. IT.A.6. IT.A.8. IT.A.9. IT.A.lO. IT.A.11. IT.A.12. Construction Documents Receipt of Proposals During Construction Completion of Project Survey and Construction Staking Resident Inspection Testing Services Coordination of Appraisals, Easements, and Property Descriptions Preparation of EA W B4. TH 13 Drainage to Mitchell Pond This project is proposed to correct a drainage/erosion problem caused by runoff from TH 13 and crossroad drainage from a 36" culvert falling 60 feet in a distance of 800 LF. The work is intended to be financed, in part, through a cooperative agreement with MnDOT. Implementation of the project is anticipated to be dependent upon the cooperation of abutting property owners during easement negotiation and cost participation by MnDOT. The major contract work elements are: IT.A.3. IT.A.4. IT.A.5. PSA-900.138 Construction Documents Receipt of Proposals During Construction -16- IT.A.6. IT.A.8. II.A.9. II.A.lO. II.A.!1. IT.A.12. B5. Civil Defense Sirens Completion of Project Construction Staking Construction Inspection Testing Services Coordination of Appraisals, Easements, and Property Descriptions Wetland Delineation The City proposes to install five Civil Defense sirens, two of which will be on the SMSC lands if the Sioux community chooses to fund these installations. The project includes locating the sirens, checking noise contours, coordinating with Scott County Emergency Services, and dealing with three different power companies. Paul Kaeding & Associates will provide assistance with electrical components of the project. Estimates of their services are included in the task total. The major contract work elements are: IT.A.3. II.AA. II.A.5. II.A.6. II.A.8. IT.A.9. II.A.lO II.A.I1. Construction Documents Receipt of Proposals During Construction Completion of Project Construction Staking Resident Inspection Testing Services Easements B6. Pike Lake Trail Sanitary Extension The City proposes to extend a gravity sewer for 250 LF south of CR 42. The extension of this collector connects to the MWCC interceptor on the north side of CR 42. The sanitary sewer service area map suggests that this extension be 12" in diameter or larger. We understand that the service area for this extension may be expanded, depending upon timing of developments south of this project. The major contract work elements are: II.A.3. IT.AA. II.A.5. II.A.6. IT.A.8. II.A.9. PSA-900.138 Construction Documents Receipt of Proposals During Construction Completion of Project Construction Staking Resident Inspection -17- B7. Utility Crossings CSAH 42 In conjunction with the planned widening of CSAH 42 by Scott County, the City of Prior Lake plans the installation of sanitary sewer and 12" watermains to extend service across the County Road. It appears that extension of these may be by open cut methods coordinated with the roadway construction or by cased jackings. THE ENGINEER will provide value engineering of the jacking of these extensions to compare construction costs. Included are three water crossings (12") and two sanitary extensions. Plans call for 950 LF of watermain east of Femdale Avenue on the south side of CR 42. THE ENGINEER will utilize Mylar plans from Scott County and expects to provide project plans to THE OWNER for incorporation in the County project by Apri115, 1993. The major contract work elements are: IT.A.3. IT.A.5. IT.A.6. IT.A.8. IT.A.10. Construction Documents During Construction Completion of Project Construction Staking Testing Services B8. Construction Surveying to Assist City Staff City staff are proposing to provide construction administration, staking, and inspection for various projects: Business Office Park, Lime Road, and Center Road, and the Pond Athletic Complex parking lots and road paving. The City estimates that the bid cost of these improvements will be $1.2 million. Due to possible time conflicts, the City may need construction staking assistance. THE ENGINEER is prepared to provide this assistance based upon a 48-hour notice period. Staking and surveying will be provided in 4-hour increments. The major contract work element is: IT.A.8. Construction Staking B9. Cardinal Heights THE OWNER has been approached to permit the development known as Cardinal Heights PUD (private development). This project includes development of multiple units and lots served by municipal utilities and streets. Engrance to the development is proposed via 1,000 LF of MSAS roadway known as Fish Point Road. PSA-900.138 -18- THE ENGINEER will provide plan and plat review of the development, prepare an environmental assessment, and design a MSAS roadway for 1,000 LF of Fish Point Road. The major contract work elements for the Cardinal Heights PUD are: IT.A.l. IT.A.12. Plan and Plat Review Preparation of Environmental Assessment Work Sheet The major contract work elements for 1,000 LF, Fish Point Road, are: II.A.3. IT.AA. IT.A.5. IT.A.6. IT.A.8. II.A.9. IT.A.lO. Construction Documents Receipt of Proposals During Construction Completion of Project Construction Staking Resident Inspection Testing Services BI0. Construction Ins,pection of Developer Projects THE OWNER anticipates that there will be a number of private development projects being constructed during 1993. To provide a reasonable level of assurance that the construction of these projects is being accomplished in accordance with the City approved project plans and construction documents, THE OWNER may require THE ENGINEER to provide resident construction inspection on the following plats: Development BlO(a) B 1O(b) B 1 O( c) B 1 O( d) B 1O( e) BlO(f) Est. Lots Carriage Hills 2nd Wood Ridge Estates 2nd Raspberry Ridge 2nd Westbury Ponds 1st Hidden View Cardinal Heights 54 67 27 42 13 The major contract work elements are: II.A.9. IT.A.lO. PSA-900.138 Resident Inspection Testing Services -19- SECTION IV. PERIOD OF SERVICE D. THE ENGINEER shall endeavor to meet THE OWNER's schedule for delivery of design documents from the Notice to Proceed as follows: Completion Completion of Field Tasks of Field Tasks II.AA., II.A.5., IT.A.!., IT.A.3., IT.A.6., IT.A.S., Proj eet II.A.II.. II.A.12. II.A.9.. II.A.lO. BI. Business Park Storm Sewer and Ponding 1-1/2 Months 12 Months B2. Forest Oaks Subdivision 2-1/2 Months 12 Months B3. Carriage Hill Parkway 2-1/2 Months 12 Months B4. Drainage to Mitchell Pond 2 Months 12 Months B5. Civil Defense Sirens 2-1/2 Months 12 Months B6. Pike Lake Trail 2-1/2 Months 12 Months B7. Utility Crossings CSAH 42 1/2 Month 12 Months B8. Construction Surveying 8 Months B9. Cardinal Heights 4 Months 12 Months BlO. Construction Inspection -0- 18 Months PSA-900.138 -20- SECTION V. COMPENSATION E. Schedule of Fees Compensation for THE ENGINEER's services shall be considered to be either based on hourly billings to a maximum not-to-exceed budget for tasks II.A.1., II.A.2., II.A.3., II.A.4., II.A.5., II.A.6., II.A.l1., and II.A.12., or based upon the hourly rate times the level of service provided for tasks II.A.7., II.A.8., II.A.9., II.A.I0., II.A.13., and II.A.14. Based upon the negotiated tasks and level of service negotiated between THE OWNER and THE ENGINEER, the not-ta-exceed budget amounts are agreed to be as follows. Hourly billings are provided only as estimates. Not-To- Hourly Exceed Task proj ect Budget Budget B1. Business Park Storm Sewer $ 9,100 $ 6,660 B2. Forest Oaks Subdivision 8,800 4,880 B3. Carriage Hills Parkway 44,600 33,700 B4. Drainage to Mitchell Pond 7,535 6,282 B5. Civil Defense Sirens 3,200 1,000 B6. Pike Lake Trail 3,040 4,200 B7. Utility Crossings CSAH 42 3,200 1,570 B8. Construction Staking -0- 14 Hr $75.60/Hr 2-Man Crew/4 Hr Period $117.60/Hr 3- Man Crew 1 4 Hr Period B9. Cardinal Heights 20,600 14,750 BlO. Inspection of Developer Projects -0- $47. 25/Hr PSA-900.138 -21- F. Hourly Rates The hourly rates and charges to be paid for services rendered by THE ENGINEER shall be as described by the following schedule of rates and fees, which is effective February 1, 1993, through January 31, 1994. Salary Staff Classification Principal Engineer Project/Design Engineer Registered Land Surveyor Senior Engineering Technician Design Technician Field Technician Survey Crew Typist Project Identifiable Costs Hourly Charges $77.70 - 99.75 55.65 - 77.70 47.25 - 69.30 31.50 - 63.00 31.50 - 47.25 31.50 - 48.30 75.60 -117.60 26.25 - 43.05 The following schedule establishes a listing of Identifiable Project Costs that would be charged on projects. Expense Code Description 98 99 Out-of-State Travel Subcontractor Expense PSA-900.138 Rate At Cost At Cost -22- IN WITNESS WHEREOF, the parties hereto have executed this Supplement the day and year frrst above written. CITY COUNCIL, CITY OF PRIOR LAKE SCOTI COUNTY, MINNESOTA MAIER STEWART & ASSOCIATES, INC. By: By: ~ PresiOent Mayor City Manager And: ~~J"'-1'-'~ Vice P. ident And: APPROVED AS TO FORM By: ~\~ ffi~ Date City Attorney PSA-900.138 -23- ~wl"" PRIOR LAKE April 1993 Workscope 93.1 EXHIBIT 2. DUTIES, RESPONsmILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT INSPECTOR A. GENERAL Resident Project Inspector is THE ENGINEER's Agent, will act as directed by and under the supervision of THE ENGINEER, and will confer with THE ENGINEER regarding his actions. Resident Project Inspector's dealings in matters pertaining to the on-site Work shall in general be only with THE ENGINEER and THE CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of THE CONTRACTOR. Written communication with THE OWNER will be only through or as directed by THE ENGINEER. B. DUTIES AND RESPONSffiILITIES Resident Project Inspector will perform the duties below: Exlubit 2 1. Knowledge - The Resident Construction Inspector must be familiar with and understand the plans and specifications, and all other applicable documents as they apply to the project he/she is assigned to inspect. In addition, the Resident Construction Inspector must have a working knowledge of current construction means, practices, methods, and techniques that apply to the project being inspected. 2. Authority - The Resident Construction Inspector must be delegated the necessary authority to perform the duties and responsibilities described herein. 3. Inspection Frequency - The Resident Construction Inspector must have sufficient time allocated to adequately inspect the construction project. Rules and regulations concerning the construction grants program require inspectors to be on-site full-time during the hours of significant construction activity and/or installation. If full-time inspection is not possible, the situation must be documented, and the Project Engineer informed in writing. 4. Review Schedules - During the first 30 days after the contract has been awarded, the Resident Construction Inspector shall assist the Project Engineer with review of the proposed progress schedules, shop drawing schedule, lists of suppliers, and subcontractors submitted by the General Contractor. 5. Conferences - The Resident Construction Inspector shall attend, and in some situations may conduct, the preconstruction conference, arrange progress meetings, and maintain and circulate copies of minutes of all meetings. -1- Exlubit 2 6. Shop Drawings and Samples - The Resident Construction Inspector shall receive, review, and record date of receipt of shop drawings and samples. Comments on shop drawings should be discussed with Project Engineer before fmal acceptance. 7. Liaison - The Resident Construction Inspector serves as the Project Engineer's liaison with Contractor. Generally, the Resident Construction Inspector works with the Contractor's superintendent and assists him/her in understanding the intent of the Contract Documents. Also, the Resident Construction Inspector serves as the Owner's liaison with the contractor when the Contractor's operations affect the Owner's on-site operation. In addition, the Resident Construction Inspector accompanies visiting inspectors or others representing the public or other agencies having jurisdiction over the project, record outcome of these inspections, and advise the Project Engineer. He/she also assists the Project Engineer in obtaining from the Owner additional details or information when required at the project site for proper execution of work. 8. Inspection, Testing, Rejection of Work - The Resident Construction Inspector shall conduct full-time inspection of the project work so that he/she may assist the Project Engineer in determining if the project is proceeding in accordance wit approved plans and specifications, change orders, addenda, and other contract documents. This includes: a. Verifying that testing, equipment, and system start-up and operation and maintenance instructions are conducted in accordance with approved plans and specifications and contract documents. Verifying that the contractor maintains adequate records. Observing, documenting, and advising Project Engineer of the details relative to the test procedures and start-up. b. Immediately documenting and advising the Project Engineer whenever he/she believes work should be rejected, corrected, uncovered for observation, or requires special testing, or testing based upon his/her determination that the work is faulty, unsatisfactory, defective, does not meet the requirements of any inspection, tests, approvals, or does not conform with the contract documents. 9. Contract Documents and Plan and Specification Interpretation - The Resident Construction Inspector shall provide field construction information and suggested modifications to the Project Engineer for interpretation and clarification, and transmit the Project Engineer's final decision to the Contractor. 10. Record/Documentation - The Resident Construction Inspector shall: maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and samples submissions, reproductions of original contract documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the contract, Project Engineer's clarifications and interpretations of the contract documents, progress reports, and other project-related documents. This includes: -2- Exhibit 2 a. Keeping a daily diary or log book recording hours on the job site; weather conditions; data relative to questions of extras or deductions; lists of visiting officials and representatives of manufacturers, fabricators, suppliers, and distributors; daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. Copies are forwarded to the Project Engineer as appropriate. b. Recording names, addresses, and telephone numbers of all contractors, subcontractors, and major suppliers of material and equipment. 11. Reports - The Resident Construction Inspector shall furnish the Project Engineer with periodic reports of construction progress, and of the Contractor's compliance with progress schedule and shop drawing submittals. This includes: a. Preparing monthly project progress reports for submittal to the Owner, which at a minimum includes problems encountered/resolved, and acceptable work completed during the previous month. b. Discussing in advance with the Project Engineer major tests, inspections, start-up, or significant phases of construction. c. Reporting and documenting any accident to the Engineer. 12. Pay Requests - The Resident Construction Inspector shall review pay requests with the Contractor for accuracy, and forward them to the Project Engineer with recommendations noting work completed, materials and equipment on-site. 13. Projection Completion - The Resident Construction Inspector and the Project Engineer shall conduct an initial inspection of the project and develop a preliminary punch list prior to the Project Engineer's issuance of a Certificate of Substantial Completion. The preliminary punch list is forwarded to the Contractor by the Project Engineer. The Resident Construction Inspector shall also conduct a final inspection with the Project Engineer, Owner, Contractor, and applicable governmental agencies and prepare and distribute a fmal punch list. The Resident Construction Inspector is responsible for verifying that all items on the punch list have been completed or corrected, and when appropriate, making recommendations to the Project Engineer regarding final acceptance of the project. 14. Testing Services - The Resident Construction Inspector, under the supervision of the Project Engineer, shall conduct the following field tests: 15. Safety Issues: The Resident Construction Inspector, when and if aware of any safety hazards, shall immediately advise the Contractor of his finding and provide notice to the Project Engineer. -3- Exlubit 2 Test Standard Method . Sand Cone Densities Concrete Slump Air Content by Pressure Method Concrete Air Entrainment Bituminous Temperature ASTM D 1556 ASTM C 143 . . . ASTM C 231 MnDOT Bituminous Technology IA Street Inspection Limitations of Authority of the Resident Construction Inspector - Except upon written instruction or direction from the Project Engineer, the Resident Construction Inspector shall not: 1. Authorize any deviation from the contract documents or approve any substitute materials or equipment. 2. Exceed limitations on Engineer's/Inspector's authority as set forth In the contract documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, or Contractor's superintendent, or expedite the work. 4. Advise on or issue directions relative to any aspect of the means, methods, techniques, sequences, or procedure of construction unless such is specifically called for in the contract documents. 5. Advise on issue direction as to safety precautions and programs in connection with work. 6. Authorize owner to occupy the project in whole or in part except as required by paragraph 15, page 3, Exhibit 2. 7. Participate in specialized field or laboratory tests. 8. Issue stop work orders. The Resident Construction Inspector will advise the Project Engineer who may recommend to the Owner that a stop work order be issued. -4- rfJIrilriJ TESTING SERVICES EXHIBIT 3. SPECIAL PROVISION ENGINEERS TESTING SERVICES The construction contractor is advised that the following testing services may be performed by the City of Prior Lake or its field representatives: ~ ASTM Standard Method . . Sand Cone Densities Concrete Slump Air Content by Pressure Method Concrete Air Entrainment Bituminous Temperature ASTM D 1556 ASTM C 143 . . ASTM C 231 MnDOT Bituminous Technology IA Street Inspection These tests are conducted to provide the City with an enhanced understanding of how the Contractor's means and methods of construction may be accomplishing the requirements and the project specifications. Said testing is intended to facilitate the Contractor's performance by reducing delays and expenses which would be incurred in engaging an independent testing laboratory. In the event that said testing by the City or its agents indicates that the Contractor is failing to meet the requirements of the project specifications, the Contractor shall arrange for such correction to his work and such retesting as may be required to demonstrate compliance with the project specifications. No payments to the Contractor nor allowance for work suspension will be permitted for such retesting or work correction. The Contractor in recognition of the benefits accrued to it by the City's provision of said testing shall hold harmless the City and its agents for any suits or litigation brought by the Contractor, its employees, subcontractors, or suppliers, which are based in whole or in part on the means, methods, or results of testing provided by the City. Exhibit 3 -1-