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CR 95-107 Authorize Agreement For City Engineer Services 1 y \ 0 (, .<- June 14, 1995 Council Report: 95-107 o l"- e P K \ AUTHORIZE AGREEMENT FOR CITY ENGINEER PROFESSIONAL SERVICES Proposed Action. Staff recommends adoption of the following motion: "Move that Council authorize the Public Works Director to enter into an aqreement with MSA Consultinq Enqineers for the purpose of providinq city Engineerinq Services and Desiqn services for oarkinq lot construction at the Boston Garden/Super Valu site." Overview. The city requires a registered professional engineer for Municipal state Aid related project reviews and certification signatures. In addition to the Municipal state Aid requirement, at times it is helpful to have a pre-selected firm to expedite contract services for small projects - up to $5,000 in professional services (design) fees. These projects could be small design projects such as the parking lot at the Perkl-Mason property or engineering reviews of re-development projects, drainage issues, etc. The city would continue to solicit bids for larger projects. The agreement will be terminated when steve Stadler becomes registered - on or about June 1996. ~ An engineering services selection committee consisting of Steve Stadler, Jim Gessele, and Mike Lauseng reviewed proposals from RCM, Inc. (Minnetonka), Bolton & Menk, Inc. (Burnsville), MSA Consulting Engineers (Golden Valley) and OSM & Associates Inc. (Minneapolis). Each proposal was rated and scored based on qualifications - see attached rating sheet. The top two candidates, MSA and aSM, were interviewed at Public Works. Based on the proposal reviews and interviews, staff is confident that MSA Consulting Engineers are the most qualified to perform these services. Primary Issues to Consider o Is the use of this engineering firm, through the proposed agreement, an exception to city purchasing requirements? o What is the cost to the City? o Does this agreement restrict the city in any way in contracting for professional services? Supporting Information o Statement of Qualification Review/Rating Sheet o Proposed Professional services Agreement o Resumes & Information sheets on MSA Consulting Engineers proposed cit Engineer, nd ssistants . --.-- Council Report: 95-107 Page 2 . Analysis of Issues 0 Is the use of this engineering firm, through the proposed agreement, an exception to City purchasing requirements? No, this agreement will only be used for small designs, design reviews or other services when fees are negotiated within the city purchasing policy constraints, i.e., less than $5,000. 0 What is the cost to the city? There is no cost until the Public Works Director requests services in writing and negotiates a fee. Small tasks may be billed simply at the billing rate. Larger tasks, such as project designs will be negotiated and authorized through a separate supplemental contract. There is a flat fee of $50 for meeting attendance. 0 Does this agreement restrict the city in any way in contracting for professional services? No, the city can still solicit bids and contract with any qualified firm for any engineer services. . e STATEMENT OF QUALIFICATIONS REVIEW . CITY ENGINEER SERVICES NAME OF FIRM BEING RATED: Rate each category as 1 - 5 with 1 being the lowest score possible (not qualified in this area) and 5 the highest score (very well qualified in this area). AREA SCORE WGT TOTAL 1) Municipal state Aid experience - general X ---1. 2) Municipal Engineering & MSA experience - City of Hopkins X ----1 . 3) Designated city Engineer individual experience X ~ 4) References (names & phone no.) X ---1. 5) Narrative description of partnership concept and understanding of services being requested X ---1. TOTAL: AVERAGE SCORES: MSA - 31.3 . OSM - 30.7 RCM - 27 B & M - 25 CITY OF HOPKINS, MINNESOTA . AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Pursuant to our Agreement dated , 1995, you are hereby authorized to proceed with the professional services described as follows: GENERAL MlTNT(TPAL SF.RVTCES Provide general municipal engineering, architectural, or planning assistance on day-to-day matters as requested by the City Council or designated City representative. This does not include detailed project planning or design. Attend meetings of the City Council which are not otherwise chargeable to specific authorizations, as requested by the City Councilor designated City Staff. Compensation for the services described above shall be on an Hourly Rate basis as defined in . Section 5 of the Basic Agreement, subject to the following additional conditions: l. Compensation for J\!SA 1 S attendance at City Council meetings which are not otherwise chargeable to a specific project, study, plat review, or other authorization shall be limited to a lump sum charge of S~ per meeting. 50.00 ') Preparation for the above meetings and any necessary follow-up shall be on an ..... Hourly Rate basis as defined in Section 5 of the Basic Agreement, and shall be in addition to the $l.~ lump sum meeting charge. 5D.OO 3. Each item shall be listed separately on invoices. Approved at a regular meeting of the City Council on , 1995. By Attest Chairman City Clerk . Consultant acceptance by , , 1995. Authorized Represen tati ve Hopkins/PSAUTH . AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This Agreement is made this _ day of , 1995, between: The City of Hopkins, Hennepin County, Minnesota i hereinafter called "THE O\VNER" and I MSA, Consulting Engineers, a professional corporation with offices at: 1326 Energy Park Drive and 5075 Wayzata Parkway S1. Paul, Minnesota 55108 MinneaJXllis, Minnesota 55416 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 municipal engineering, architectural, or planning 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 ~"1d specitications, bidding documents, contract administration and construction inspection, and WHEREAS, in other instances the work may vary and not include the full project sequence, but may include attending meetings of the City Councilor Planning Commission which are not chargeable to specific projects, 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, TIIEREFORE, IN CONSIDERATION of the mutual covenants of this Agreement as set forth herein, IT IS AGREED BY and between the parties as follows: SRCTTON 1. 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. . PSA-900.250 -1- ~250-00 . SFrTION n. THE ENGINEER, upon direction of THE OWNER, agrees to perform when authorized in writing by THE OWNER the F:neinf'~rine Sf>.rvires as follows and as further described by Exhibit 1 attached to and made a part hereof. A. (If>.nf>.r-ll: THE ENGINEER shall serve as THE CITY's professional representative in the planning and general engineering issues in THE CITY, and shall give consideration and advice to THE CITY during the performance of his services. B. THE ENGINEER agrees to perform the following work as (If>.nf>r-ll Eneinf>.f>.rine Sf>rviC'f';s: 1. Gpner-ll: THE ENGINEER shall serve as THE CITY's professional representative in performing engineering functions as directed in writing by THE CITY for work including, but not limited to, the following: a. Retainer services. b. Plat review. c. Special engineering services. d. Research for and preparation of technical studies and e correspondence. e. Participating in meetings and conferences involving engineering questions not associated with work done under Section I1.C. f. Attendance at City Council meetings. C. Sp.rvir/"s of ThE'; Fn~inf'f'r on TmprnVemf'nT ProjpC'T<;: 1. Pl::ln ::Inn PI::!! Rf>;vif>w: 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. Ff'.::Isihility Rf>pnrt: THE ENGINEER shall meet with THE OWNER staff andlor developer(s) to discuss the proposed Project and the scope of the report. TIIE 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) PSA-900.250 -2- 900- 25Q.OO e scheduled by the City Council. Visual aid charts shall be included as part of the feasibility report. 3. ConfT::lrt J)orllmp.nto;;: 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 e shall present plans and specifications to the City Council for their approval. A ReC'f'ipt of Pmp()<;;:!l<;: 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 (half-size) and specifications, as directed by THE OWNER for the use of bidders in submitting proposals. 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. Dllrine ('onstmc:tion: 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 TIffi 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: e a. Additional instruction: THE ENGINEER shall issue such additional instructions to the Contractor as may be necessary to interpret the drawings and specifications or to PSA-900,250 -3- 900-250-00 ----- e 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 TIffi 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 e 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 determine the extent of work completed for checking of Contractor's requests for payment. e. Pro gress 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 e Construction Documents. PSA-900.250 -4- 900-250-00 --..- ---.- I e g. Final Acceptance: Upon completion of all construction, THE ENGINEER shall arrange for final inspection of the Proj ect. Inspection shall be made jointly by representa- tives of THE OWNER, THE ENGINEER, and the Contractor. UfK)n completion of inspection and correction of any noted deficiencies, THE ENGINEER shall certify his recommendation for acceptance to THE OWNER giving the date of fmal 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. C.omp]ptinn of Project a. Record Drawings: Record drawings shall be furnished to THE OWNER within ninety (90) 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 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. Revi"inn to Project Phms. "no T)ocllme:nts. 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. PSA-900.250 -5- 9(X}.2S0-00 . 8. SlIrveyine ~nrl r.nnstmc.tion St::lkine THE ENGINEER shall provide such preliminary surveying or construction staking as requested by THE OWNER. 9. Resirlpnt Tnspec.tion THE ENGINEER shall provide resident inspection services of projects. These projects may be designed by THE O\VNER, 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. Tf'st1ne Sf'rvlc.e<; 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. Conrrlination of Arrr;:!i'Vlls> F;Jsemf'nts, ;mrl Property nesc.ripriom 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 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. Prf'.Il::lr;:!tinn nfFnvimnm~nt::Jl Asses<;me:nt Work Shf'pts, Wf'tl::mcl nf'linf:~tinn M::lps, or Fnvironmf'nt~l Tmp~c.t St::ltemFnts . 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 P$A-9oo.250 -6- 900-250-00 --------..-- . Environmental Assessment Worksheets, Wetland DelineationJ or Environmental Impact Statements. 13. PrP.p;:tTrltinn nf A\;'\;'f'\;.\;.ment Rnll ;:tnrl A\;'~f'~~mf'nt Hf"-Rrine Notice\;. 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. Fxpf'rt Tf'~timnny 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. SRf:TTON ill. OWNRR'S RR"lPONSTRTLITTF.1;j THE OWNER shall: . A. Provide all criteria and full infonnation 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 Proj eeL 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 I topographic and utility surveys; property descriptions; 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. e 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. PSA-900.250 -7- 900-250-00 . E. Examine all studies, reports, sketches, DrawingsJ 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 Administrator 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 I 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 TIffi 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 subgrade soil support values. K. Bear all costs incident to compliance with the requirements of this Section III. SECTION TV. 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 e anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. THE ENGINEER I s obligation to render services hereunder will extend for an undefined period at the pleasure of THE OWNER. THE ENGINEER's PSA.900.2S0 -8- 9(1).250-00 e period of service shall commence from issuance of notice to THE ENGINEER to proceed with the basic services outlined in Section II. B. If THE OWNER has requested significant modifications or changes in the extent of the Project, the time of perfonnance of THE ENGINEER's services and its various rates of compensation may be adjusted appropriately by agreement of the parties. SF.f:TTON V rOl\.1VFNSATTON THE OWNER shall compensate THE ENGINEER for its services performed under this Agreement. A. Cnsts 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. l. 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. ..., Direct non-salary expense including: Professional fees of outside associates, architects, or other engineers for special services outside the technical expertise of TI!E 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. B. M~ximllm ('nmppn"~tinn 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 negotiated between THE OWNER and THE ENGINEER or, in the event of no negotiated fee, the maximum compensation shall be described by the 1975 edition of "A Guide for the Engagement of Engineering Services" as published by ASCE. c. Arlrlitinn~1 Sprvirp" e 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. PSA-900.250 -9- 900-250.00 --.. ..--- - --.. e D. P~ympnt S('hedllle 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. OPTNTONS 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 III. SEC:TION VTT GENERAL C:ONSIDERATIONS A. Tf'rminMion Ether 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, TIIE ENGINEER shall make available to THE OWNER all plans, reports, and working documents prepared pursuant to this Agreement. THE PSA-900.250 -10- 900-250-00 . OWNER shall in turn make payment for all amounts due THE ENGlNEER incurred to the time of termination plus any expenses associated with delivery of said materials. B. RplIl;'p of Dornrnpnts 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. Controlling T .3W This Agreement is to be governed by the law of the State of Minnesota. D. Sllf'f'Pl;'';;ors :mrl A l;'"igns 1. 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. . 2. Neither TI-IE 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 VII 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 perfonnance of services hereunder. 3. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than THE OWNER and THE ENGINEER. E. ArhitrMion l. 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 VII E.3. below. This Agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance PSA-900.250 -11- 900-250-00 __0._- . 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 claimJ 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. SFCTTON VID. SPF.CTAL PROVTSTONS A_ THE OWNER and THE ENGINEER agree that this Agreement is subject to the following e 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. 'Nhereas TIffi ENGINEER is an agent of THE OWNER in the preparation and progress of his professional services, THE ENGINEER agrees to defend, indemnify, and hold THE OWNER, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any negligent acts or omissions (including without limitation professional errors or omissions) or other negligence by TIm ENGINEER, its agents, employees, or subconsultants in performance of the services provided by this Agreement incurred by reason of the failure of said ENGINEER to fully perform, in any respect, all obligations under this Agreement. In a like manner, THE OWNER agrees to defend, indemnify, and hold THE . ENGINEER, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorneysl fees, resulting directly or indirectly from any negligent acts or omissions (including without limitation professional errors or omissions) or other negligence by THE PSA-900.2S0 -12- 9OQ. 2S 0-00 - - --- --.- - . - -.. . O\VNER, its agents, or employees in performance of the services provided by this Agreement incurred by reason of the failure of said OWNER to fully perform, in any respect, all obligations under this Agreement. 3. In recognition of the relative risks and benefits of this Project to both OWNER and ENGINEER, the risks have been allocated such that THE O\VNER agrees, to the fullest extent permitted by law, to limit THE ENGINEER and its consultants' total liability to THE O\VNER for any and all claims, losses, costs, damages of any nature whatsoever, or claims expenses from any cause or causes, so that the total aggregate liability of THE ENGINEER and its consultants shall not exceed the total amount of their compensation. 4. THE ENGINEER agrees to carry the insurance coverages listed below in the amounts shown: TNSTTR A NrE TYPE AMOTTNT OF rnVERAGE Business Auto $ 600,000 CSL or Equivalent Comprehensive General Liability $1,000,000 CSL or Equivalent Professional Liability and E & 0 $1,000,000 CSL or Equivalent Valuable Papers $ 100,000 CSL or Equivalent . 5. THE ENGINEER agrees to name THE OWNER as additional insured on the Business Auto and General Liability Policies and provide THE OVYNER 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. 6. THE ENGINEER agrees to provide THE OWNER with proof of Worker's Compensation coverage as required by Minnesota Statute. 7. The following Exhibits are attached to and make a part of this Agreement: Exhibit 1 Fees and Charges Exhibit 2 Duties of Resident Project Inspector B. This Agreement (consisting of pages 1 to 14, 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, e modified, or canceled by a duly executed written instrument. l'SA.900.250 -13- 900-250.00 . -.. .. -----.-.------ e IN WITNESS WHEREOF, the parties have executed the Agreement as of the day and year fust above written. CITY COUNCIL, CITY OF HOPKINS MSA, CONSULTING ENGINEERS HENNEPIN COUNTY, MINNESOTA By: By: President And: And: Vice President e e PSA-900.250 -14- 90(). 250..00 ~ EXHIBIT l. - Fee Schedule/Billing Practices C I T Y o F ~OPKINS m\'\I~,mG K\"NfDL~ MSA would be pleased to structure an engineering services agreement with the City of Hopkins which embodies any cost containment concerns the City may have, and reflects the policy endorsement issues as required by our insurance carrier. In general, MSA structures its fee schedule based upon negotiated project specific "not to exceed" budget amounts. Services are provided according to the schedule of hourly rates, and progress billings are submitted monthly. The engineering fees and charges established by MSA are as follows: GENERAL ENGINEERING SERVICES MSA provides general engineering services to client rommunities on an hourly not-to-exceed basis. Items typically considered in this category are: . Plat and plan review of new development. . Sewer and water rate studies. . Plans and specifications for maintenance projects such as seal coating or sewer cleaning. . . Master planning. . Amendments to comprehensive plaI1s. . Inspection of private development projects. . Capital improvement plans. Basic Services Our typical Professional Services Agreement (copy attached) provides for negotiations with our client to establish a "not to exceed" cost for basic services. This figure can represent the application of a standard fee curve to the project's construction cost, or can result from a. project specific analysis of work tasks and nonstandard design issues. The fee curve that would be utilized in Hopkins would be mutually negotiated. Once the "not to exceed" figure has been established, MSA will invoice only for staff time and expenses coded to the project, up to the mutually agreed upon ma;(1mum. Attendance at City CounciliCommission Meetings MSA typically charges a flat rate for attending Planning Commission and City Council meetings. We have included a draft contract for this service with a lump sum per meeting of $125.00. e . ~ Fee Schedule/Billing Practices C I T Y o F HOPKlr./S lll'i.~I!l.1m R\Gt~mt~ ENGINEERING FEES AND BILLING RATES The Engineer's fees shall be based upon an overhead multiplication factor of 2.45 times annualized hourly rates. The hourly rates are calculated based upon an individual's annualized salary rate during the performance period. Rates are established by employee classification from February 1st, 1995, through January 31st, 1996, as follows: CLASSIF1CA TION RANGE OF BILLING RA TES Principal Engineer 81.00 Registered Land Surveyor 55.97 - 71.40 Department Manager 55.97 - 71.40 Project Engineer/Registered Engineer 53.56 - 71.40 . Structural Engineer 53.56 - 71.40 I I . Environmental Engineer [ 53.56 - 71.40 I Traffic Engineer 53.56 - 81.00 Design Engineer/Civil Engineer 37.44 - 46.58 Surveyor 41.17 - 61.29 Senior Engineering Technician 40.90 - 65.02 Technician 16.17 - 53.67 Resident Project Representative 16. 17 - 51. 70 Three-Person Survey Crew 88.85 - 116.94 Two-Person Survey Crew 70.00 - 75.39 Word Processor/Computer Technician 31.10 - 46.04 TypisUClerk 22.23 - 39.60 . ----- .-... -- . . ~ Fee Schedule/Billing Practices C I T Y o F HOPi'>INS ItIt'1IUI\G K\"Nmt~ Project Identifiable Costs The following schedule establishes a listing of identifiable costs that would be provided by the Engineer and billed to the Owner on projects: Expense Code Description Rate 03 Field Supplies At Cost 04 Office Supplies At Cost 05 Postage and UPS At Cost 06 Equipment Rental At Cost 07 Miscellaneous Expense At Cost 10 Photo Reproduction At Cost . 11 Private Auto Use $.30/Mile 1 12 Company Auto Use $.3D/Mile t 13 Private Truck Use $.35/Mile 14 Company Truck use $.35/Mile 27 CADD System $15.00/Hr. 99 Subcontractor Expense At Cost . . ~ II PROJECT INSPECTION II co~srL'rm &\fJ~ms EXHIBIT 2. DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUlRORITY 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 CONTRA.CTOR. Written communication with THE OWNER will be only through or as directed by THE ENGINEER. . B. DUTIES AND RESPONSIBILITIES Resident Project Inspector will perform the duties below: l. 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 Exhibit I -1- e ~ II PROJECT INSPECTION II mmLmmmms 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. 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 final 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 Exhibit! -2- . ~ II PROJECT INSPECTION II rD~snm~ E\mtERS 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 Engineer1s clarifications and interpretations of the contract documents, progress reports, and other project- related documents. This includes: 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. Exhibit! -3- . lMm II PROJECT INSPECTION II rOXSILmG I.\rJ\1TB.S 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 final 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. . Exhibit] -4- -. -- . rMm Summary C I T Y o f HOPKINS m~lQ,mr. mlNIDL~ Key Project Personnel Steven D. Gatlin, P.E. Mark A. Winson, P .E. Role City Engineer Assistant City Engineer Experience 22 Years 21 Years Specialization Municipal engineering, General municipal, MSAS street improvement collector roadway/State design and construction, Aid/highway design and park improvements, construction) trafficl utility systems, transportation, parks development reviews, planning, traffic/transpor- tation, environmental. Staff Civil Engineers 28 Environmental Engineers 7 Wetland Specialists/Biologists 2 AutoCADD Design Technicians 11 Survey Crews 6 . Construction Inspectors 12 Registered Land Surveyors 4 Total Staff 89 . . ~ II STEVEN D. GATLIN II [~N1LmC Kmlllill Project Role CITY ENGINEER Registration Professional Engineer) Minnesota Education University of Minnesota, BSCE, Civil Engineering Experience Project Management: General Municipal Improvements) Ro seville , MN) and White Bear Lake) Minnesota; 300 projects over 20 years, with a construction value of over $40 million. City Engineering/Public Works Administration: Developed capital improvement plans) maintenance plans, administrative plans, technical manuals, and fmancing plans for development induced infrastructure improvements for Roseville and White Bear Lake, Minnesota. Municipal State Aid: Managed an annual budget of nearly one million dollars of annual allotment in the cities of Roseville and White Bear Lake, Minnesota. . Wastewater Collection and Treatment Facilities Design: Wastewater Collection and Pumping Facilities for Roseville and White Bear Lake, 11innesota. Water Source, Storage, and Distribution: Roseville and White Bear Lake, Minnesota; design and construction of mains, booster pumping station, and storage facilities, utilizing computer modeling of the distribution system. Water Treatment and Municipal Treatment Plant Modification: Upgrade of municipal softening plant for White Bear Lake, Minnesota. Storm Drainage Facilities: Roseville and White Bear Lake, Minnesota; utilizing computer modeling of the drainage basin. Projects included ditches, wetlands) lakes, and starmwater ponds. Starmwater management plan prepared and implemented far both Cities. Park Design: Municipal park improvements, White Bear Lake and Raseville, Minnesota, including athletic fields, trails, tennis courts, passive nature areas, shelters, and a multi-use skating facility. Associations Former Municipal State Aid Screening Committee Representative, District IX Member, American Public Works Association . Past President) Minnesota Public Works Association Past Member, Technical Advisory Committee, Metropolitan Council Transportation Advisory Board Member, City Engineers Association of Minnesota . lMm Proposed Assistant City Engineer C I T Y o F HOPKINS m\Sl~.m& KmNln"s MSA proposes to assign an Assistant City Engineer, Mark A. Winson, P.E. His responsibilities would include assisting Steve Gatlin when necessary with day-to-day matters. Mark has over 22 years experience in municipal engineering, both as a private consultant and as Director of Public Works/City Engineer for the Cities of Fridley and Columbia Heights. Mark would provide qualified backup support to Steve so that Hopkins would always have a consistent contact person. Qualifications: . Bachelor of Civil Engineering Degree . Professional Engineer - Minnesota . Twenty-two years experience in municipal engineering, 10 as project manager. Engineering Experience: . Worked for the City of Fridley as assistant Director of Public Works and for the City of Columbia Heights as Director of Public Works/City Engineer. . Project manager on street, sewer, water, storm sewer projects, MSA roads, and park . projects. . Completed several collector road projects, including MSA projects. . e lMm II MARK A. WINSON II nJ.~l1LmG K\G1NIDtS Project Role ASSISTANT CITY ENGINEER Registration Professional Engineer, Minnesota, Wisconsin, Colorado Education B.S., Civil Engineering, University of Minnesota Experience Project Management: General municipal improvements as public works director/city engineer for Columbia HeightsJ Minnesota, and as assistant public works director for Fridley, Minnesota. Road improvements for Larimer County, Colorado. City Engineering/Public Works Administration: Developed master rehabilitation program for Columbia Heights. Prepared and monitored annual public works budget in excess of $2.5 million annually for maintenance of streets, utilities, parks, and government buildings. Extensive council and citizen contact. e Municipal State Aid: Coordinated and supervised annual and project related reporting for Columbia Heights and Fridley, Minnesota. Stormwater Drainage: Designed large and small scale stormwater systems. Resolved numerous neighborhood drainage issues. Commercial/Residential Developments: Designed site and utility improvements for numerous small commercial and residential developments in Minnesota and Colorado. Associations Member, American Public Works Association Member, City Engineers Association of Minnesota . e ~ Proposed City Engineer C IT.,. o F HOPKINS m~l~.mr. K\G1Nfn'.s MSA proposes that Steven D. Gatlin, P.E., be our principal contact with Hopkins. Steve will be supported by a team of specialists, based in our Golden Valley office, who are fully qualified to meet Hopkins' needs. Steve will be responsible for all day-to-day matters as requested by the City of Hopkins. Steve would attend Council meetings, review plans and specifications as requested, and assist City staff/Council with all municipal engineering, architecture, and planning matters. Qualifications: . Bachelor of Civil Engineering Degree, University of Minnesota. . Registration as Professional Engineer in Minnesota. . Twenty years municipal engineering and public works experience in the metropolitan area for the Cities of Roseville and White Bear Lake. Engineering Experience: . Familiarity with Hopkins. Steve has lived in the suburban east metro Twin Cities area for over 22 years. As a result of his experience in working in municipal engineering, he knows e Hopkins and understands its local needs and unique problems. These include: - Reconstruction of urban infrastructure to meet redevelopment needs; - Municipal surveying and platting/development issues; - The need to begin more intensive maintenance practices for municipal improvements; - The need to develop additional municipal facilities including parks, trails, and other similar "amenities" during times of increasing economic difficulties for cities; - Transportation problems ranging from neighborhood traffic issues to solving congestion problems near major shopping centers; - Stormwater management issues including solving neighborhood drainage problems, preserving wetlands, and improving the quality of stormwater ponds; - Planning and construction for Municipal State Aid street construction; - Financing for municipal improvements; - Growing need for redevelopment activities. Experience gives Steve the unique insight into how suburban communities must balance all of these issues. He has been involved in working with communities facing redevelopment needs. . Transportation and Roadway Design Experience. At both the Cities of Roseville and . White Bear Lake, Steve's experience includes dealing with complex transportation and traffic issues, ranging from neighborhood traffic concerns such as speed regulation, parking restrictions, and traffic control, to solving regional shopping mall traffic congestion issues and dealing with access issues for interstate systems, including 1-35E, 1-35W, and 1-694. . e lMm Proposed City Engineer C I T Y o F HOPKINS I1ltl;lUm K\Gm[lK~ At Roseville, Steve administered a Traffic Safety CommitteeJ which included representatives from the Public Works Department, City Manager's office, and Police Department. This committee met on a regular basis to deal with neighborhood traffic issues such as parking, stop sign installation, warning sign installation, and speed limit regulations. His work in this area included public relations and working with traffic consultants on more complex issues to satisfy resident concerns and implement solutions. Also while at Roseville, Steve worked with the City Council, the Planning Commission, and other groups to implement a traffic congestion plan for the Rosedale shopping area. Working with the shopping center owners, road improvements were made to the interior ring-road circulation system. On both the interstate and trunk highway systems, changeable message signs were implemented to manage traffic congestion and direct shoppers to more accessible routes. This project was funded using an ISTEA grant, and Steve has offered several presentations to other groups, including transportation planners and city officials in the Metro area, as to how this technology might be applied to similar problems in other suburban areas. e Steve has extensive experience working with complex interstate access issues from the local perspective. While at both Roseville and Vv'hite Bear Lake, Steve worked with MnDOT and Ci ty officials to discuss those cities I concerns. The City of Roseville wished to consider additional access and controlled access to 1-35W to enhance industrial development. Similarly, in White Bear Lake, the City was interested in working with MnDOT to explore access changes to 1- 35E. In the transportation and traffic area, Steve has considerable experience designing collector roadways, including Municipal State Aid construction, reconstruction of County State Aid roadways, and improvements to the MnDOT roadway system involving trunk highways and interstate improvements. Many of these projects involved complex cooperative funding agreements with various federal, state, and county agencies. Steve's background also includes broad experience in redevelopment, including residential, and major expansions to regional shopping malls in terms of the impact of these facilities on community traffic patterns. He has extensive experience in roadway design, including local streets, collector roads, and regional trunk highways. . Stonnwater Facilities. Steve has had considerable experience in stonnwater management. In Roseville, his work included public relations for and implementation of a stonnwater utility for the City. Roseville used the utility funds to finance improvements, including . regrading of ditches, water quality improvements to ponds, and major wetland renovation and mitigation projects. . rmJ Proposed City Engineer C I T Y o F HOPKINS 11l\'\1~,n\t I{\r,rNf11'.~ Steve has worked with stormwater utility funding and other park financing sources to develop a nature center in conjunction with a major wetland renovation and rehabilitation project. He has had extensive experience in design and construction of other major wetland projects, including construction and restoration work. In both Roseville and White Bear Lake, Steve was responsible for preparing and implementing stormwater management plans. He has dealt with watershed districts to implement ditch construction projects, wetland mitigation and restoration work, and supervised projects involving work within lakes in both Cities. In each of these communities, Steve implemented solutions to backyard and neighborhood drainage problems (also called the lateral drain program in the City of Roseville). Steve has implemented these programs using a variety of funding sources, including special property assessments, stormwater utility funds, street maintenance funds, and general property taxes. He has a unique perspective in terms of neighborhood sensitivity issues and how best to correct these kinds of problems. . Steve will put his many years of experience to work to assist Hopkins in solving its storm water management problems. He will implement improvements to the stormwater system to avoid drainage problems in the future and enhance the quality of existing facilities. Steve also has extensive experience in working with watersheds and water management organizations. He has been a board member of the Grass Lake and Central Ramsey WMOs. . Surveying. As a municipal engineer working for cities for over 20 years, Steve understands the need for surveying services of the type cities require. Not only are skilled survey services needed in the area of construction surveying and staking, but also in the areas of preparation of grading plans, developing legal descriptions, and in providing location surveys for lot lines and structures. Steve has seen the problems that can develop when these items are not done properly. Again, his perspective is that of a consumer of survey services rather than that of a provider. . Municipal Utilities. Steve was responsible for design, construction, and maintenance for sanitary sewer, water, and storm sewer utility systems for both Roseville and White Bear Lake. He is extremely well versed in design of these facilities, including lateral and trunk distribution mains, storage and pumping facilities, and treatment processes. His experience has induded design and construction of approximately 20 miles each of sanitary sewer and watermain, approximately 10 miles of storm sewer, and 25 pond or wetland projects. He . also managed major utility system projects involving upgrading the water treatment plantJ water tank repair and repainting, construction of new water towers, and major water well repairs and rehabilitation work. -- --.-... . [II Proposed City Engineer C I T Y o F HOPKINS 11l1'\IUnr. KlWllDt'\ In addition to design and construction experience, Steve has had extensive experience in operation and maintenance of municipal utilities. He developed new maintenance plans for the Cities of Roseville and White Bear Lake to implement modern maintenance procedures for sanitary sewers, storm sewers, and watermains. These policies and procedures have allowed the Cities to maintain their utility systems consistent with current standards to avoid legal liabilities for claims of damage due to system deficiencies. . Design and Construction Experience. During his 20+ years of municipal engineering experience, Steve has had extensive design and construction experience. \Vhile public works director and city engineer for RosevilIe and White Bear Lake, he was personally responsible for design and construction supervision for over 300 projects with a total construction value of over $40 million. These projects included the following: - 60 miles of reconstruction or new construction of residential streets. - 20 miles of construction or reconstruction of Municipal State Aid streets. - Construction and repair of sanitary sewer, watermain, and storm sewer collection and distribution systems. . - Construction of two water towers and major modifications to a water treatment plant. - New construction or replacement of 6 sanitary sewer or storm sewer lift stations. - Storm sewer facilities including design and construction including major trunk systems and lateral backyard drainage systems. - I\1itigation of 20-30 wetlands. - Construction and repair of 10 miles of ditches. - Stormwater ponding area improvements, including quality enhancements and capacity improvements. - Major bridge repair and replacement for two facilities. - Park facilities, including baseball fields, soccer fields, wetland nature interpretative areas including nature center building, stormwater ponding system, shelters, 25 miles of trails, and a world-class, multi-use skating facility. . Development Review. Steve has extensive experience over his 22 year career providing development review services for the two major suburban communities. These activities included subdivision review and conducting engineering inspections of development to ensure compliance with plans and specifications and City standards. Steve has also had experience in preparation and enforcement of ordinances regulating mining and excavation, and has been involved with code enforcement issues relating to environmental management. Steve is experienced in environmental issues relating to cleanup of contaminated sites. . . Municipal Financing. As a city engineer for over 15 years, Steve has vast experience in fInancing municipal improvements. He has served as the District IX representative to the Municipal State Aid Screening Committee (District IX included Dakota, Ramsey, and Washington Counties). He is very knowledgeable on Municipal State Aid issues and has --- ... ..- . ~ Proposed City Engineer C I T Y o F HOPKINS flI't\I~,mr. mlNmL~ extensive experience in Chapter 429 special assessment applications. Steve has provided expert witness testimony for special assessment appeals cases and has worked with attorneys in developing amendments to the State Statutes. He is also experienced in other transportation funding issues and has served a term on the Metropolitan Council's Technical Advisory Committee of the Transportation Advisory Board. This group allocates funds for all federally fmanced transportation improvements done in the State of Minnesota, including the new ISTEA program. He also has extensive grant experience and has written successful grants under several programs, including ISTEA, LCMR, HUD (CDBG), and others, and has coordinated and administered over 20 cooperative agreements with MnDOT, various counties, and other funding agencies for major roadway projects. Steve has also worked extensively with other financing techniques for municipal improvements, including Tax Increment Financing (TIF), Special Service Districts, Utility Funds (user fees), truck utility charges, bonding, and impact fees. These funding sources were used in combination to finance such things as storm water maintenance, downtown renovation, street lighting, street maintenance, public improvements, recreational facilities, parking structures, and operational costs. . . Community Development. Steve has provided technical advice during review and development of all City planning documents, including two major updates of the Comprehensive Plans far Roseville and White Bear Lake. He also rewrote the City's subdivision ordinance for White Bear Lake and assisted in modification of Raseville's subdivision ordinance. Steve developed extensive infrastructure maintenance and capital improvement programs to provide upgrades to the sanitary sewer, water, stann sewer, and public building inventories for both the City of Roseville and White Bear Lake. While at Roseville, Steve completed a public works maintenance policy manual that provided a variety of written policies governing maintenance, construction, and operation of public facilities. Also, he was responsible for annual preparation of the capital improvement program and public works budget for both the City of Roseville and White Bear Lake. Acting as city engineer, he reviewed capital improvement programs for Ramsey County and MnDOT. He participated in review of capital improvement programs for major transportation funding for the entire State of Minnesota as a committee member on the Metropolitan Council Transportation Advisory Board, Technical Advisory Committee, which allocates annual federal project funding and, while at White Bear Lake, also worked with Washington County personnel on several joint projects. . Management Assistance. Steve has provided technical advice and support to City Managers, Planning Commissions, and City Councils during his more than 20 year . municipal career. This technical advice included engineering issues, policy studies, preparation of maintenance programs and reports, and analysis of project development. Working with public works superintendents in Roseville and White Bear Lake, Steve updated and rewrote maintenance manuals for street systems, sanitary sewer systems, water systems, storm sewer systems, and park facilities. These documents were used in 1 . ~ Proposed City Engineer C IT., o F HOPKINS (t1~I~,mr, K\~NmL~ developing annual capital improvement programs and maintenance plans for city infrastructure. In summary, Steve's experience is unique. He not only has extensive design and construction experience over his 22 year engineering career, but he also has hands-on administrative experience not generally available in the consulting engineer industry. This allows Steve to understand operation and maintenance of municipal public works facilities. His experience as a public works director and city engineer for two major suburban communities has given Steve a unique perspective on how cities operate. He has a proven track record of getting the job done while working with a wide variety of elected officials. . .