3.9 East-West Watermain Connection and Well 10 Professional Service Agreements
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Utilities Utility Manager Neidermeier June 26, 2023
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Attorney Kendall
3.9 – Professional Service
Agreements
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
X Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City Staff is recommending the City Council approve professional service agreements for the East-West
Watermain Connection and Well 10 Projects.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
A new municipal well was successfully drilled and proceeding to fully connect into Wellhouse 4. The
attached professional services agreements provide electrical engineering and instrumentation services
necessary to support operations and monitoring of the new equipment including integration within the
City’s existing SCADA system.
A separate instrumentation services agreement is also attached to similarly support the East-West
Watermain Connection and control valves supporting operations and monitoring of the recently awarded
interconnect project.
Legal has provided review with recommendation to enter into agreement.
SUPPORTING DOCUMENTS ATTACHED:
• Wellhouse 4/Well 10 Electrical Engineering Professional Services Agreement
• Wellhouse 4/Well 10 I&C Professional Services Agreement
• East/West Interconnect PRV and Tower 2 PRV I&C Professional Services Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve professional services agreements attached including “Wellhouse 4/Well 10 Electrical
Engineering Professional Services” in the amount of $22,062; East/West Interconnect PRV and Tower 2 PRV
I&C Professional Services” totaling $93,265; and “Wellhouse 4/Well 10 I&C Professional Services” totaling
$41,655.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 601 – Water Utility
Yes
E-100
June 13, 2023
Kurt Neidermeier
Utility Manager
13400 90th Street NE
Otsego, MN 55330
RE: Letter Agreement between Client and AE2S
City of Otsego, MN – Wellhouse 4/Well 10 Electrical Engineering Professional Services
Dear Mr. Neidermeier:
Advanced Engineering and Environmental Services, LLC (AE2S) proposes to render professional services for
Electrical Engineering design, bidding, and construction administration phase services associated with Wellhouse
4 improvements for the addition of Well 10 to Wellhouse 4 (Assignment) to City of Otsego (CLIENT).
This Agreement, including Exhibit A, sets forth the terms and conditions under which the CLIENT and AE2S shall
be governed regarding the Assignment.
Scope of Basic Services
AE2S will perform the following tasks:
Design:
Assess existing wellhouse for feasibility to add well 10 VFD by visiting wellhouse and reviewing
existing plans and equipment installed within the wellhouse.
Perform preliminary engineering calculations to size associated electrical system(s).
Develop detailed design drawings and specifications for contractor bidding purposes.
Provide engineers estimate of estimated construction electrical cost.
Organize meetings to discuss design phase drawings progress with owner at milestones 60%, 90%, and
100% completion of the project design.
Review Preliminary Design documents with Owner, make changes and updates as required.
Coordination with Wright Hennepin Electric to facilitate addition of well 10.
Bidding:
1. Provide bidding assistance in the form of answering questions to contractors bidding the project
2. Providing addendums and clarifications to bidding documents, if required.
3. Attend a prebid walkthrough of the facility with contractors who would supply bids to complete
the work.
Construction:
1. Attend a construction kickoff meeting.
2. Review construction Requests for Information (RFI) submitted by contractor.
RE: Letter Agreement for City of Otsego
City of Otsego, MN – Wellhouse 4/Well 10 Electrical Engineering Professional Services
June 13, 2023
Page 2 of 4
3. Provide construction administration and oversight services including site visits and inspections.
4. Review contractor equipment shop drawing and O&M manuals.
5. Provide punchlist of equipment to be completed by contractor upon substantial completion.
6. Complete as installed record drawings of electrical series sheets and documentation.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the Assignment are not
included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide
services beyond the scope of this Agreement on an hourly basis in accordance with the Hourly Fee Schedule
attached as Exhibit B.
CLIENT’S Responsibilities
CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S:
1. Designate a person to act as CLIENT’s representative with respect to the services to be rendered under
this Agreement. Such person shall have authority to transmit instructions, receive information, and
interpret and define CLIENT’s policies and decisions with respect to services for the Assignment.
2. Provide relevant information regarding requirements for the Assignment. AE2S shall be entitled to
use and rely upon all information provided by CLIENT or others in performing AE2S’s services
under this Agreement.
3. Provide access to the relevant site sufficient for AE2S to performs its services under this Agreement.
4. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have been
performed satisfactorily hereunder in accordance with the fee terms set forth herein.
CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section.
Fees
AE2S shall render services under this Agreement on an hourly basis in accordance with the Hourly Fee Schedule
attached as Exhibit B not to exceed $22,062 without written authorization from CLIENT, plus reimbursement for
all project related expenses.
Wellhouse 4/Well 10 Electrical Engineering Professional Services Professional Fees
Design services $14,937
Bidding services $1,734
Construction administration services $5,241
Project expenses (vehicle milage for site visits and construction meetings) $150
Wellhouse 4/Well 10 Electrical Engineering Services Total $22,062
Performance Schedule
AE2S proposes completion of the proposed Scope of Services by December 1, 2023, anticipating authorization
by July 1st, 2023.
RE: Letter Agreement for City of Otsego
City of Otsego, MN – Wellhouse 4/Well 10 Electrical Engineering Professional Services
June 13, 2023
Page 3 of 4
Contract Documents
This Agreement includes the following documents, incorporated herein by reference:
1. Exhibit A - Terms and Conditions;
2. Exhibit B - Hourly Fee and Expense Schedule;
3. Any drawings or specifications provided by the CLIENT in writing; and
4. Any duly executed written amendments.
There are no contract documents other than this Agreement and those documents listed above.
If this Agreement sets forth your understanding of our agreement, including the scope of work desired, fees, terms,
and conditions, please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to
assist you. We look forward to working with you.
Sincerely,
Mark Ruda, PE
Senior Project Engineer
AE2S CLIENT
Accepted this _____ day of
__________________________, 2023
By: _______________________________ By: ________________________________
Justin Klabo, PE
Operations Manager Name (Print):________________________
Title: ______________________________
This is EXHIBIT A, consisting of 2 pages, referred to in and part of
the Agreement between CLIENT and AE2S dated June 13, 2023.
Standard Terms and Conditions
The Agreement is supplemented to include the following terms and conditions:
1. Standard of Care
a. The standard of care for all professional services performed or furnished
by AE2S under this Agreement will be the care and skill ordinarily used
by members of AE2S’s profession practicing under similar circumstances
at the same time and in the same locality. AE2S makes no warranties,
express or implied, under this Agreement or otherwise, in connection with
AE2S’s services.
b. CLIENT shall be responsible for, and AE2S may rely upon, the accuracy
and completeness of all requirements, programs, instructions, reports, data,
and other information furnished by CLIENT to AE2S pursuant to this
Agreement. AE2S may use such requirements, reports, data, and
information in performing or furnishing services under this Agreement.
2. Payments to AE2S
Invoices will be prepared in accordance with AE2S’s standard invoicing
practices and will be submitted to CLIENT by AE2S monthly, unless
otherwise agreed. Invoices are due and payable within 30 days. If
CLIENT fails to make any payment due AE2S for services and expenses
within 30 days, the amounts due AE2S will be increased at the rate of
1.75% per month (or the maximum rate of interest permitted by law, if less)
from said thirtieth day. In addition, AE2S may, after giving seven days
written notice to CLIENT, suspend services under this Agreement until
AE2S has been paid in full all amounts due for services, expenses, and
other related charges. All payments shall be made in United States Dollars.
3. Insurance
AE2S will maintain insurance coverage for Workers' Compensation,
Professional Liability, General Liability, and Automobile Liability and will
provide certificates of insurance to CLIENT upon request. See
ATTACHMENT 1.
4. Exclusion of Special, Incidental, Indirect, and Consequential Damages
To the fullest extent permitted by law, and notwithstanding any other
provision in the Agreement, AE2S and AE2S’s officers, directors, partners,
employees, agents, and Consultants, or any of them, shall not be liable to
CLIENT or anyone claiming by, through, or under CLIENT for any
special, incidental, indirect, or consequential damages whatsoever arising
out of, resulting from, or in any way related to the Assignment or this
Agreement, from any cause or causes, including but not limited to any such
damages caused by the negligence, professional errors or omissions, strict
liability, breach of contract or warranties, express or implied, of AE2S or
AE2S’s officers, directors, partners, employees, agents, or AE2S's
Consultants, or any of them.
5. Limit of Liability To the fullest extent permitted by law, notwithstanding any other provision
of this Agreement, the total liability, in the aggregate, of AE2S and AE2S’s
officers, directors, partners, employees, agents, and AE2S’s Consultants,
and any of them, to CLIENT and anyone claiming by, through, or under
CLIENT for any and all claims, losses, costs, or damages whatsoever
arising out of, resulting from or in any way related to the Project or the
Agreement from any cause or causes, including but not limited to the
negligence, professional errors or omissions, strict liability or breach of
contract, or warranty express or implied of AE2S or AE2S’s officers,
directors, partners, employees, agents, or AE2S’s Consultants, or any of
them, shall not exceed $1,000,000.
6. Termination of Contract
Either party may at any time, upon seven days prior written notice to the
other party, terminate this Agreement. Upon such termination, CLIENT
shall pay to AE2S all amounts owing to AE2S under this Agreement, for
all work performed up to the effective date of termination, plus reasonable
termination costs.
7. Access
CLIENT shall arrange for safe access to and make all provisions for AE2S
and AE2S’s Consultants to enter upon public and private property as
required for AE2S to perform services under this Agreement.
8. RESERVED
9. Ownership and Reuse of Documents
All documents prepared or furnished by AE2S pursuant to this Agreement
are instruments of service, and AE2S shall retain an ownership and
property interest therein. Reuse of any such documents by CLIENT shall
be at CLIENT's sole risk; and CLIENT agrees to indemnify, and hold
AE2S harmless from all claims, damages, and expenses including
attorney's fees arising out of such reuse of documents by CLIENT or by
others acting through CLIENT.
10. Limited Equipment Warranty
AE2S MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO ANY PRODUCTS MANUFACTURED BY A
THIRD PARTY, INCLUDING ANY (a) WARRANTY OF
MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d)
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY; WHETHER
EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE OR
OTHERWISE. AE2S'S SOLE RESPONSIBILITY TO CLIENT
WITH RESPECT TO ANY EQUIPMENT OR COMPONENTS
AND PARTS MANUFACTURED BY A THIRD PARTY AND
INCORPORATED INTO THE EQUIPMENT SHALL BE TO PASS
THROUGH TO CLIENT SUCH ORIGINAL EQUIPMENT
MANUFACTURER'S AVAILABLE PRODUCT WARRANTY.
THE REMEDIES SET FORTH IN THE MANUFACTURER’S
TERMS SHALL BE THE CLIENT’S SOLE AND EXCLUSIVE
REMEDY AND AE2S’S ENTIRE LIABILITY FOR ANY BREACH
OF THIS LIMITED WARRANTY.
11. Contractors
AE2S shall not at any time supervise, direct, control, or have authority over
any contractor's work, nor shall AE2S have authority over or be
responsible for the means, methods, techniques, sequences, or procedures
of construction selected or used by any contractor, or the safety precautions
and programs incident thereto, for security or safety at a project site, nor
for any failure of a contractor to comply with laws and regulations
applicable to such contractor's furnishing and performing of its work.
AE2S neither guarantees the performance of any contractor nor assumes
responsibility for any contractor’s failure to furnish and perform its work
in accordance with the contract between CLIENT and such contractor.
AE2S shall not be responsible for the acts or omissions of any contractor,
subcontractor, or supplier, or of any of their agents or employees or of any
other persons (except AE2S’s own employees) at a project site or otherwise
furnishing or performing any construction work; or for any decision made
regarding the construction contract requirements, or any application,
interpretation, or clarification of the construction contract other than those
made by AE2S.
12. Force Majeure
AE2S shall not be liable for any loss or damage due to failure or delay in
rendering any service called for under this Agreement resulting from any
cause beyond AE2S’s reasonable control.
13. No Third Party Beneficiaries
All duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of CLIENT and AE2S and not for the
benefit of any other party. Nothing contained in this Agreement shall create
a contractual relationship with or a cause of action in favor of a third party
against either CLIENT or AE2S. AE2S’s services under this Agreement
are being performed solely for CLIENT’s benefit, and no other entity shall
Exhibit A - Standard Terms and Conditions
Page 2 of 2
have any claim against AE2S because of this Agreement or the
performance or nonperformance of services hereunder.
14. Assignment
Neither party shall assign its rights, interests or obligations under this
Agreement without the express written consent of the other party.
15. Binding Effect
This Agreement shall bind, and the benefits thereof shall inure to the
respective parties hereto, their legal representatives, executors,
administrators, successors, and assigns.
16. Severability and Waiver of Provisions
Any provision or part of the Agreement held to be void or unenforceable
under any laws or regulations shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon CLIENT and AE2S,
who agree that the Agreement shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing the intention of the stricken provision.
Non-enforcement of any provision by either party shall not constitute a
waiver of that provision, nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
17. Survival
All express representations, indemnifications, or limitations of liability
included in this Agreement will survive its completion or termination for
any reason.
18. Headings
The headings used in this Agreement are for general reference only and do
not have special significance.
19. Controlling Law
This Agreement is to be governed by the law of the State of Minnesota
without regard to its conflicts of laws principles.
20. Notices
Any notice required under this Agreement will be in writing, addressed to
the appropriate party at its address on the signature page, or if to AE2S at
4050 Garden View Drive, Grand Forks, ND 58201, and given personally,
or by registered or certified mail postage prepaid, or by a commercial
courier service. All notices shall be effective upon the date of receipt.
21. Executed in Counterparts
This Agreement may be executed in counterparts, each of which together
will constitute one and the same instrument. Delivery of an executed
counterpart of this Agreement shall constitute effective delivery of this
Agreement. Each party agrees that the delivery of the Agreement by
facsimile or electronic mail shall have the same force and effect as delivery
of original signature and that each party may use such facsimile or
electronic mail signatures as evidence of the execution and delivery of the
Agreement by the parties to the same extent that an original signature could
be used.
22. Indemnification and Allocation of Risk
a. To the fullest extent permitted by law, AE2S shall indemnify and hold
harmless CLIENT and CLIENT’s officers, directors, members, and
employees from any and all costs, losses, and damages (including but not
limited to all reasonable fees and charges of engineers, architects,
attorneys, and other professionals, and all court, arbitration, or other
dispute resolution costs) arising out of or relating to the Project, provided
that any such cost, loss, or damage is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property (other
than the Work itself), including the loss of use resulting therefrom, but only
to the extent caused by any negligent act or omission of AE2S or AE2S’s
officers, directors, members, partners, employees, or Consultants. The
parties expressly agree that AE2S or AE2S’s officers, directors, members,
partners, or employees have no duty to defend CLIENT and CLIENT’s
officers, directors, members, and employees against any claims, causes of
action, demands, lawsuits, or proceedings of any kind. AE2S will
reimburse CLIENT for reasonable defense costs for claims resulting from
AE2S’ professional negligence based on the percentage of AE2S’ liability.
b. To the fullest extent permitted by law, CLIENT shall indemnify and hold
harmless AE2S, AE2S’s officers, directors, partners, employees, and
consultants from and against costs, losses, and damages (including but not
limited to reasonable fees and charges of engineers, architects, attorneys,
and other professionals, and reasonable court or arbitration or other dispute
resolution costs) to the extent caused by the negligent acts or omissions of
CLIENT or CLIENT's officers, directors, partners, employees, and
consultants with respect to this Agreement.
c. In addition to the indemnity provided under paragraph 4.b. of this
Exhibit, and to the fullest extent permitted by law, CLIENT shall
indemnify and hold harmless AE2S and AE2S’s officers, directors,
partners, employees, and consultants from and against injuries, losses,
damages and expenses (including but not limited to all reasonable fees and
charges of engineers, architects, attorneys, and other professionals, and all
court or arbitration or other disputes resolution costs) caused by, arising
out of, or resulting from Hazardous Environmental Condition, provided
that (i) any such injuries, losses, damages and expenses are attributable to
bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property, including the loss of use resulting therefrom, and (ii)
nothing in this paragraph 4.c. shall obligate CLIENT to indemnify any
individual or entity to the extent of that individual or entity's own
negligence or willful misconduct.
d. To the fullest extent permitted by law, AE2S’s total liability to CLIENT
and anyone claiming by, through, or under CLIENT for any injuries,
losses, damages and expenses caused in part by the negligence of AE2S
and in part by the negligence of CLIENT or any other negligent entity or
individual, shall not exceed the percentage share that AE2S’s negligence
bears to the total negligence of CLIENT, AE2S, and all other negligent
entities and individuals.
Exhibit B – Hourly Fee and Expense Schedule
Page 1 of 2
This is EXHIBIT B, consisting of 2 pages, referred to in
and part of the Agreement between CLIENT and AE2S
dated June 13, 2023.
Hourly Fee and Expense Schedule
Reimbursable Expenses and Standard Hourly rates in effect on the date of the Agreement are set forth below. Rates are subject
to annual adjustment effective January 1.
Labor Rates*
Administrative 1 $65.00
Administrative 2 $79.00
Administrative 3 $95.00
Communications Specialist 1 $105.00
Communications Specialist 2 $122.00
Communications Specialist 3 $141.00
Communications Specialist 4 $170.00
Communications Specialist 5 $187.00
Construction Services 1 $125.00
Construction Services 2 $153.00
Construction Services 3 $170.00
Construction Services 4 $188.00
Construction Services 5 $208.00
Engineering Assistant 1 $85.00
Engineering Assistant 2 $99.00
Engineering Assistant 3 $125.00
Engineer 1 $135.00
Engineer 2 $162.00
Engineer 3 $190.00
Engineer 4 $220.00
Engineer 5 $235.00
Engineering Technician 1 $84.00
Engineering Technician 2 $105.00
Engineering Technician 3 $126.00
Engineering Technician 4 $141.00
Engineering Technician 5 $161.00
Financial Analyst 1 $112.00
Financial Analyst 2 $127.00
Financial Analyst 3 $153.00
Financial Analyst 4 $167.00
Financial Analyst 5 $186.00
GIS Specialist 1 $105.00
GIS Specialist 2 $127.00
GIS Specialist 3 $150.00
GIS Specialist 4 $168.00
GIS Specialist 5 $187.00
I&C Assistant $100.00
I&C 1 $148.00
I&C 2 $175.00
I&C 3 $198.00
I&C 4 $210.00
I&C 5 $220.00
IT 1 $130.00
IT 2 $175.00
IT 3 $215.00
Land Surveyor Assistant $95.00
Land Surveyor 1 $115.00
Land Surveyor 2 $139.00
Land Surveyor 3 $157.00
Land Surveyor 4 $173.00
Land Surveyor 5 $190.00
Operations Specialist 1 $100.00
Operations Specialist 2 $125.00
Operations Specialist 3 $155.00
Operations Specialist 4 $177.00
Operations Specialist 5 $199.00
Project Coordinator 1 $116.00
Project Coordinator 2 $130.00
Project Coordinator 3 $145.00
Project Coordinator 4 $160.00
Project Coordinator 5 $180.00
Project Manager 1 $205.00
Project Manager 2 $225.00
Project Manager 3 $240.00
Project Manager 4 $254.00
Project Manager 5 $272.00
Project Manager 6 $284.00
Sr. Designer 1 $178.00
Sr. Designer 2 $198.00
Sr. Designer 3 $212.00
Sr. Financial Analyst 1 $210.00
Sr. Financial Analyst 2 $230.00
Sr. Financial Analyst 3 $250.00
Technical Expert 1 $325.00
Technical Expert 2 Negotiable
Exhibit B – Hourly Fee and Expense Schedule
Page 2 of 2
Reimbursable Expense Rates
Transportation $0.75/mile
Survey Vehicle $0.95/mile
Laser Printouts/Photocopies $0.30/copy
Plotter Printouts $1.00/s.f.
UAS - Photo/Video Grade $100.00/day
UAS – Survey $50.00/day
Total Station – Robotic $35.00/hour
Mapping GPS $25.00/hour
Fast Static/RTK GPS $50.00/hour
All-Terrain Vehicle/Boat $100.00/day
Cellular Modem $75.00/month
Web Hosting $26.00/month
Legal Services Reimbursement $250.00/hour
Outside Services cost *1.15
Geotechnical Services cost *1.30
Out of Pocket Expenses cost*1.15
Rental Car cost*1.20
Project Specific Equipment Negotiable
*Position titles are for labor rate grade purposes only.
These rates are subject to adjustment each year on January 1.
ATTACHMENT 1
Insurance Requirements. The Contractor, at its expense, shall procure and
maintain in force for the duration of this Agreement the following
minimum insurance coverages:
A. General Liability. The Contractor agrees to maintain
commercial general liability insurance in a minimum
amount of $1,000,000 per occurrence; $2,000,000
annual aggregate. The policy shall cover liability arising
from premises, operations, products completed
operations, personal injury, advertising injury, and
contractually assumed liability. The City shall be
endorsed as additional insured.
B. Automobile Liability. If the Contractor operates a motor
vehicle in performing the Services under this Agreement,
the Contractor shall maintain commercial automobile
liability insurance, including owned, hired, and non-
owned automobiles, with a minimum liability limit of
$1,000,000 combined single limit.
C. Workers’ Compensation. The Contractor agrees to provide
workers’ compensation insurance for all its employees in
accordance with the statutory requirements of the State of
Minnesota. The Contractor shall also carry employers
liability coverage with minimum limits are as follows:
$500,000 – Bodily Injury by Disease per
employee
$500,000 – Bodily Injury by Disease
aggregate
$500,000 – Bodily Injury by Accident
D. Professional (Errors and Omissions) Liability Insurance. The
Contractor will maintain professional liability insurance
for all claims the Contractor may become legally obligated
to pay resulting from any actual or alleged negligent act,
error, or omission related to Contractor’s professional
services required under this Agreement. The Contractor is
required to carry the following minimum limits:
$1,000,000 per occurrence; $2,000,000 annual aggregate.
The retroactive or prior acts date of such coverage shall not
be after the effective date of this Agreement, and the
Contractor shall maintain such insurance for a period of at
least three (3) years following completion of the Services.
If such insurance is discontinued, extended reporting
period coverage must be obtained by the Contractor to
fulfill this requirement.
The Contractor shall, prior to commencing the Services,
deliver to the City a Certificate of Insurance as evidence
that the above coverages are in full force and effect.
The insurance requirements may be met through any
combination of primary and umbrella/excess insurance.
The Contractor’s policies shall be the primary insurance to
any other valid and collectible insurance available to the
City with respect to any claim arising out of Contractor’s
performance under this Agreement.
The Contractor’s policies and Certificate of Insurance
shall contain a provision that coverage afforded under the
policies shall not be cancelled without at least thirty (30)
days advanced written notice to the City.
E-100
June 13, 2023
Kurt Neidermeier
Utility Manager
13400 90th Street NE
Otsego, MN 55330
RE: Letter Agreement between City of Otsego and AE2S
City of Otsego, MN – Wellhouse 4/Well 10 I&C Professional Services
Dear Mr. Neidermeier,
Advanced Engineering and Environmental Services, LLC. (AE2S) proposes to render professional services for
programmable logic controller (PLC) and Supervisory Control and Data Acquisition (SCADA) programming
services associated with Wellhouse 4 improvements to the City of Otsego (OWNER).
This Agreement, including Exhibit A, sets forth the terms and conditions under which the OWNER and AE2S
shall be governed regarding the Assignment.
Scope of Basic Services
AE2S will perform the following tasks:
Project coordination and planning.
Perform modifications of existing Wellhouse 4 control panel associated with Well 10 including the
following:
1. Procure and install new hand-off-auto switch.
2. Procure and install new 24vdc control relay.
3. Procure and install new Allen-Bradley 1734-IE4C PLC analog input module.
4. Add wiring and terminals.
5. Provide control panel schematic redlines.
Perform PLC programming within Wellhouse 4 PLC to achieve the following:
1. Pump speed control option based upon variable frequency drive (VFD) speed setpoint.
2. Well 10 flow monitoring and trending.
3. Well 10 flow totalization (today, yesterday, cumulative)
4. Well 10 drawdown level monitoring and trending.
5. Pump runtime with start counts (today, yesterday, cumulative).
6. Alarming to include enable/disable control and consist of the following alarms:
1. Well 10 VFD Fault.
2. Well 10 Required and Not Running.
3. Well 10 Low Flow.
4. Well 10 Low Drawdown Level.
5. Chemical Feed Pacing
6. Well 10 Running and Low Chemical Feed
Perform programming within Wellhouse 4 operator interface to include Well 10 flow rate, flow totals,
associated alarming, and local data monitoring and controls adjustment.
Create data mapping and messaging within master Tower 2 PLC for SCADA and alarming purposes.
RE: Letter Agreement for City of Otsego
City of Otsego, MN – Wellhouse 4/Well 10 I&C Professional Services
June 13, 2023
Page 2 of 4
Create data mapping within West Wastewater Treatment Facility (WWTF) PLC for SCADA and alarming
purposes.
Create data mapping within East WWTF PLC for SCADA and alarming purposes.
Create SCADA graphics within West WWTF including data monitoring and controls adjustments.
Create SCADA graphics within East WWTF including data monitoring and controls adjustments.
Configure alarming within Win-911 alarm notification software.
System testing and commissioning.
Perform cellular upgrades to existing radio telemetry system to improve tower and well controls
dependability. The existing telemetry system radios are limiting the water and wastewater systems controls
capabilities due to slow data transfer speeds. Incorporating cellular modems into the telemetry system will
allow for increased telemetry system dependability and expanded controls functions. This task includes the
following:
1. Coordination and planning.
2. Procure, install, and configure new 4RF Aprisa cellular modem, antenna, and associated equipment
within the following control panels:
1. Wellhouse 4
2. Tower 2
3. Tower 3
3. Perform PLC programming to modify existing telemetry messaging.
Provide OWNER with PLC programs and documentation.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the Assignment are not
included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide
services beyond the scope of this Agreement on an hourly basis in accordance with the Hourly Fee Schedule
attached as Exhibit B.
CLIENT’S Responsibilities
CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S:
1. Designate a person to act as CLIENT’s representative with respect to the services to be rendered under
this Agreement. Such person shall have authority to transmit instructions, receive information, and
interpret and define CLIENT’s policies and decisions with respect to services for the Assignment.
2. Provide relevant information regarding requirements for the Assignment. AE2S shall be entitled to
use and rely upon all information provided by CLIENT or others in performing AE2S’s services
under this Agreement.
3. Provide access to the relevant site sufficient for AE2S to performs its services under this Agreement.
4. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have been
performed satisfactorily hereunder in accordance with the fee terms set forth herein.
CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section.
RE: Letter Agreement for City of Otsego
City of Otsego, MN – Wellhouse 4/Well 10 I&C Professional Services
June 13, 2023
Page 3 of 4
Fees
AE2S shall render services under this Agreement on an hourly basis not to exceed $41,655 in accordance with the
Fee Schedule attached as Exhibit B, as adjusted annually on January 1, plus reimbursement for all project related
expenses.
Wellhouse 4/Well 10 I&C Professional Services Professional Fees
Coordination and Planning – 4 hours $840
Wellhouse 4 Control Panel Modifications – 8 hours $1,680
PLC Programming – Wellhouse 4 – 12 hours $2,520
PLC Programming – Tower 2 – 12 hours $2,520
PLC Programming – East WWTF – 8 hours $1,680
PLC Programming – West WWTF – 8 hours $1,680
Operator Interface Programming – 10 hours $2,100
SCADA Programming – East WWTF – 20 hours $4,200
SCADA Programming – West WWTF– 20 hours $4,200
Win911 Configuration – 4 hours $840
Testing and Commissioning – 10 hours $2,100
Wellhouse 4/Well 10 Professional Services Total $24,360
Wellhouse 4/Well 10 Equipment Equipment Cost
Qty. 1 Allen-Bradley HOA Switch $250
Qty. 1 Allen-Bradley 24VDC Control Relay $100
Qty. 1 Allen-Bradley 1734-IE4C Analog Input Module $1,000
Wire, Terminals, Supplies $500
Mileage, Etc. $250
Wellhouse 4/Well 10 Equipment Total $2,100
Telemetry System Cellular Upgrades Professional Services – Phase 1 Professional Fees
Coordination and Planning – 4 hours $840
Cellular Modem Installation/Configuration/Testing – Wellhouse 4 – 3 hours $630
Cellular Modem Installation/Configuration/Testing – Tower 2 – 5 hours $1,050
Cellular Modem Installation/Configuration/Testing – Tower 3 – 5 hours $1,050
PLC Programming – 20 hours $4,200
Telemetry System Cellular Upgrades Professional Services Total – Phase 1 $7,770
Telemetry System Cellular Upgrades Equipment – Phase 1 Equipment Cost
Cellular Equipment (Qty. 3 Cellular Modems, Antennas, Cabling, Mounts, Config) $6,675
Wire, Terminals, Supplies $500
Mileage, Etc. $250
Telemetry System Cellular Upgrades Equipment Total – Phase 1 $7,425
Project Totals Professional Fees
Wellhouse 4/Well 10 Total $26,460
Telemetry System Cellular Upgrades Total – Phase 1 $15,195
Grand Total (Cellular modems not included) $41,655
RE: Letter Agreement for City of Otsego
City of Otsego, MN – Wellhouse 4/Well 10 I&C Professional Services
June 13, 2023
Page 4 of 4
Performance Schedule
AE2S proposes completion of the proposed Scope of Services by December 1, 2023, anticipating authorization
by July 1st, 2023.
Contract Documents
This Agreement includes the following documents, incorporated herein by reference:
1. Exhibit A - Terms and Conditions;
2. Exhibit B - Hourly Fee and Expense Schedule;
3. Any drawings or specifications provided by the CLIENT in writing; and
4. Any duly executed written amendments.
There are no contract documents other than this Agreement and those documents listed above.
If this Agreement sets forth your understanding of our agreement, including the scope of work desired, fees, terms,
and conditions, please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to
assist you. We look forward to working with you.
Sincerely,
Allen Dostall
Instrumentation and Controls Senior Specialist
AE2S CLIENT
Accepted this _____ day of
__________________________, 2023
By: _______________________________ By: ________________________________
Justin Klabo, PE
Operations Manager Name (Print):________________________
Title: ______________________________
This is EXHIBIT A, consisting of 2 pages, referred to in and part of
the Agreement between CLIENT and AE2S dated June 13, 2023.
Standard Terms and Conditions
The Agreement is supplemented to include the following terms and conditions:
1. Standard of Care
a. The standard of care for all professional services performed or furnished
by AE2S under this Agreement will be the care and skill ordinarily used
by members of AE2S’s profession practicing under similar circumstances
at the same time and in the same locality. AE2S makes no warranties,
express or implied, under this Agreement or otherwise, in connection with
AE2S’s services.
b. CLIENT shall be responsible for, and AE2S may rely upon, the accuracy
and completeness of all requirements, programs, instructions, reports, data,
and other information furnished by CLIENT to AE2S pursuant to this
Agreement. AE2S may use such requirements, reports, data, and
information in performing or furnishing services under this Agreement.
2. Payments to AE2S
Invoices will be prepared in accordance with AE2S’s standard invoicing
practices and will be submitted to CLIENT by AE2S monthly, unless
otherwise agreed. Invoices are due and payable within 30 days. If
CLIENT fails to make any payment due AE2S for services and expenses
within 30 days, the amounts due AE2S will be increased at the rate of
1.75% per month (or the maximum rate of interest permitted by law, if less)
from said thirtieth day. In addition, AE2S may, after giving seven days
written notice to CLIENT, suspend services under this Agreement until
AE2S has been paid in full all amounts due for services, expenses, and
other related charges. All payments shall be made in United States Dollars.
3. Insurance
AE2S will maintain insurance coverage for Workers' Compensation,
Professional Liability, General Liability, and Automobile Liability and will
provide certificates of insurance to CLIENT upon request. See
ATTACHMENT 1.
4. Exclusion of Special, Incidental, Indirect, and Consequential Damages
To the fullest extent permitted by law, and notwithstanding any other
provision in the Agreement, AE2S and AE2S’s officers, directors, partners,
employees, agents, and Consultants, or any of them, shall not be liable to
CLIENT or anyone claiming by, through, or under CLIENT for any
special, incidental, indirect, or consequential damages whatsoever arising
out of, resulting from, or in any way related to the Assignment or this
Agreement, from any cause or causes, including but not limited to any such
damages caused by the negligence, professional errors or omissions, strict
liability, breach of contract or warranties, express or implied, of AE2S or
AE2S’s officers, directors, partners, employees, agents, or AE2S's
Consultants, or any of them.
5. Limit of Liability To the fullest extent permitted by law, notwithstanding any other provision
of this Agreement, the total liability, in the aggregate, of AE2S and AE2S’s
officers, directors, partners, employees, agents, and AE2S’s Consultants,
and any of them, to CLIENT and anyone claiming by, through, or under
CLIENT for any and all claims, losses, costs, or damages whatsoever
arising out of, resulting from or in any way related to the Project or the
Agreement from any cause or causes, including but not limited to the
negligence, professional errors or omissions, strict liability or breach of
contract, or warranty express or implied of AE2S or AE2S’s officers,
directors, partners, employees, agents, or AE2S’s Consultants, or any of
them, shall not exceed $1,000,000.
6. Termination of Contract
Either party may at any time, upon seven days prior written notice to the
other party, terminate this Agreement. Upon such termination, CLIENT
shall pay to AE2S all amounts owing to AE2S under this Agreement, for
all work performed up to the effective date of termination, plus reasonable
termination costs.
7. Access
CLIENT shall arrange for safe access to and make all provisions for AE2S
and AE2S’s Consultants to enter upon public and private property as
required for AE2S to perform services under this Agreement.
8. RESERVED
9. Ownership and Reuse of Documents
All documents prepared or furnished by AE2S pursuant to this Agreement
are instruments of service, and AE2S shall retain an ownership and
property interest therein. Reuse of any such documents by CLIENT shall
be at CLIENT's sole risk; and CLIENT agrees to indemnify, and hold
AE2S harmless from all claims, damages, and expenses including
attorney's fees arising out of such reuse of documents by CLIENT or by
others acting through CLIENT.
10. Limited Equipment Warranty
AE2S MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO ANY PRODUCTS MANUFACTURED BY A
THIRD PARTY, INCLUDING ANY (a) WARRANTY OF
MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d)
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY; WHETHER
EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE OR
OTHERWISE. AE2S'S SOLE RESPONSIBILITY TO CLIENT
WITH RESPECT TO ANY EQUIPMENT OR COMPONENTS
AND PARTS MANUFACTURED BY A THIRD PARTY AND
INCORPORATED INTO THE EQUIPMENT SHALL BE TO PASS
THROUGH TO CLIENT SUCH ORIGINAL EQUIPMENT
MANUFACTURER'S AVAILABLE PRODUCT WARRANTY.
THE REMEDIES SET FORTH IN THE MANUFACTURER’S
TERMS SHALL BE THE CLIENT’S SOLE AND EXCLUSIVE
REMEDY AND AE2S’S ENTIRE LIABILITY FOR ANY BREACH
OF THIS LIMITED WARRANTY.
11. Contractors
AE2S shall not at any time supervise, direct, control, or have authority over
any contractor's work, nor shall AE2S have authority over or be
responsible for the means, methods, techniques, sequences, or procedures
of construction selected or used by any contractor, or the safety precautions
and programs incident thereto, for security or safety at a project site, nor
for any failure of a contractor to comply with laws and regulations
applicable to such contractor's furnishing and performing of its work.
AE2S neither guarantees the performance of any contractor nor assumes
responsibility for any contractor’s failure to furnish and perform its work
in accordance with the contract between CLIENT and such contractor.
AE2S shall not be responsible for the acts or omissions of any contractor,
subcontractor, or supplier, or of any of their agents or employees or of any
other persons (except AE2S’s own employees) at a project site or otherwise
furnishing or performing any construction work; or for any decision made
regarding the construction contract requirements, or any application,
interpretation, or clarification of the construction contract other than those
made by AE2S.
12. Force Majeure
AE2S shall not be liable for any loss or damage due to failure or delay in
rendering any service called for under this Agreement resulting from any
cause beyond AE2S’s reasonable control.
13. No Third Party Beneficiaries
All duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of CLIENT and AE2S and not for the
benefit of any other party. Nothing contained in this Agreement shall create
a contractual relationship with or a cause of action in favor of a third party
against either CLIENT or AE2S. AE2S’s services under this Agreement
are being performed solely for CLIENT’s benefit, and no other entity shall
Exhibit A - Standard Terms and Conditions
Page 2 of 2
have any claim against AE2S because of this Agreement or the
performance or nonperformance of services hereunder.
14. Assignment
Neither party shall assign its rights, interests or obligations under this
Agreement without the express written consent of the other party.
15. Binding Effect
This Agreement shall bind, and the benefits thereof shall inure to the
respective parties hereto, their legal representatives, executors,
administrators, successors, and assigns.
16. Severability and Waiver of Provisions
Any provision or part of the Agreement held to be void or unenforceable
under any laws or regulations shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon CLIENT and AE2S,
who agree that the Agreement shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing the intention of the stricken provision.
Non-enforcement of any provision by either party shall not constitute a
waiver of that provision, nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
17. Survival
All express representations, indemnifications, or limitations of liability
included in this Agreement will survive its completion or termination for
any reason.
18. Headings
The headings used in this Agreement are for general reference only and do
not have special significance.
19. Controlling Law
This Agreement is to be governed by the law of the State of Minnesota
without regard to its conflicts of laws principles.
20. Notices
Any notice required under this Agreement will be in writing, addressed to
the appropriate party at its address on the signature page, or if to AE2S at
4050 Garden View Drive, Grand Forks, ND 58201, and given personally,
or by registered or certified mail postage prepaid, or by a commercial
courier service. All notices shall be effective upon the date of receipt.
21. Executed in Counterparts
This Agreement may be executed in counterparts, each of which together
will constitute one and the same instrument. Delivery of an executed
counterpart of this Agreement shall constitute effective delivery of this
Agreement. Each party agrees that the delivery of the Agreement by
facsimile or electronic mail shall have the same force and effect as delivery
of original signature and that each party may use such facsimile or
electronic mail signatures as evidence of the execution and delivery of the
Agreement by the parties to the same extent that an original signature could
be used.
22. Indemnification and Allocation of Risk
a. To the fullest extent permitted by law, AE2S shall indemnify and hold
harmless CLIENT and CLIENT’s officers, directors, members, and
employees from any and all costs, losses, and damages (including but not
limited to all reasonable fees and charges of engineers, architects,
attorneys, and other professionals, and all court, arbitration, or other
dispute resolution costs) arising out of or relating to the Project, provided
that any such cost, loss, or damage is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property (other
than the Work itself), including the loss of use resulting therefrom, but only
to the extent caused by any negligent act or omission of AE2S or AE2S’s
officers, directors, members, partners, employees, or Consultants. The
parties expressly agree that AE2S or AE2S’s officers, directors, members,
partners, or employees have no duty to defend CLIENT and CLIENT’s
officers, directors, members, and employees against any claims, causes of
action, demands, lawsuits, or proceedings of any kind. AE2S will
reimburse CLIENT for reasonable defense costs for claims resulting from
AE2S’ professional negligence based on the percentage of AE2S’ liability.
b. To the fullest extent permitted by law, CLIENT shall indemnify and hold
harmless AE2S, AE2S’s officers, directors, partners, employees, and
consultants from and against costs, losses, and damages (including but not
limited to reasonable fees and charges of engineers, architects, attorneys,
and other professionals, and reasonable court or arbitration or other dispute
resolution costs) to the extent caused by the negligent acts or omissions of
CLIENT or CLIENT's officers, directors, partners, employees, and
consultants with respect to this Agreement.
c. In addition to the indemnity provided under paragraph 4.b. of this
Exhibit, and to the fullest extent permitted by law, CLIENT shall
indemnify and hold harmless AE2S and AE2S’s officers, directors,
partners, employees, and consultants from and against injuries, losses,
damages and expenses (including but not limited to all reasonable fees and
charges of engineers, architects, attorneys, and other professionals, and all
court or arbitration or other disputes resolution costs) caused by, arising
out of, or resulting from Hazardous Environmental Condition, provided
that (i) any such injuries, losses, damages and expenses are attributable to
bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property, including the loss of use resulting therefrom, and (ii)
nothing in this paragraph 4.c. shall obligate CLIENT to indemnify any
individual or entity to the extent of that individual or entity's own
negligence or willful misconduct.
d. To the fullest extent permitted by law, AE2S’s total liability to CLIENT
and anyone claiming by, through, or under CLIENT for any injuries,
losses, damages and expenses caused in part by the negligence of AE2S
and in part by the negligence of CLIENT or any other negligent entity or
individual, shall not exceed the percentage share that AE2S’s negligence
bears to the total negligence of CLIENT, AE2S, and all other negligent
entities and individuals.
Exhibit B – Hourly Fee and Expense Schedule
Page 1 of 2
This is EXHIBIT B, consisting of 2 pages, referred to in
and part of the Agreement between CLIENT and AE2S
dated June 13, 2023.
Hourly Fee and Expense Schedule
Reimbursable Expenses and Standard Hourly rates in effect on the date of the Agreement are set forth below. Rates are subject
to annual adjustment effective January 1.
Labor Rates*
Administrative 1 $65.00
Administrative 2 $79.00
Administrative 3 $95.00
Communications Specialist 1 $105.00
Communications Specialist 2 $122.00
Communications Specialist 3 $141.00
Communications Specialist 4 $170.00
Communications Specialist 5 $187.00
Construction Services 1 $125.00
Construction Services 2 $153.00
Construction Services 3 $170.00
Construction Services 4 $188.00
Construction Services 5 $208.00
Engineering Assistant 1 $85.00
Engineering Assistant 2 $99.00
Engineering Assistant 3 $125.00
Engineer 1 $135.00
Engineer 2 $162.00
Engineer 3 $190.00
Engineer 4 $220.00
Engineer 5 $235.00
Engineering Technician 1 $84.00
Engineering Technician 2 $105.00
Engineering Technician 3 $126.00
Engineering Technician 4 $141.00
Engineering Technician 5 $161.00
Financial Analyst 1 $112.00
Financial Analyst 2 $127.00
Financial Analyst 3 $153.00
Financial Analyst 4 $167.00
Financial Analyst 5 $186.00
GIS Specialist 1 $105.00
GIS Specialist 2 $127.00
GIS Specialist 3 $150.00
GIS Specialist 4 $168.00
GIS Specialist 5 $187.00
I&C Assistant $100.00
I&C 1 $148.00
I&C 2 $175.00
I&C 3 $198.00
I&C 4 $210.00
I&C 5 $220.00
IT 1 $130.00
IT 2 $175.00
IT 3 $215.00
Land Surveyor Assistant $95.00
Land Surveyor 1 $115.00
Land Surveyor 2 $139.00
Land Surveyor 3 $157.00
Land Surveyor 4 $173.00
Land Surveyor 5 $190.00
Operations Specialist 1 $100.00
Operations Specialist 2 $125.00
Operations Specialist 3 $155.00
Operations Specialist 4 $177.00
Operations Specialist 5 $199.00
Project Coordinator 1 $116.00
Project Coordinator 2 $130.00
Project Coordinator 3 $145.00
Project Coordinator 4 $160.00
Project Coordinator 5 $180.00
Project Manager 1 $205.00
Project Manager 2 $225.00
Project Manager 3 $240.00
Project Manager 4 $254.00
Project Manager 5 $272.00
Project Manager 6 $284.00
Sr. Designer 1 $178.00
Sr. Designer 2 $198.00
Sr. Designer 3 $212.00
Sr. Financial Analyst 1 $210.00
Sr. Financial Analyst 2 $230.00
Sr. Financial Analyst 3 $250.00
Technical Expert 1 $325.00
Technical Expert 2 Negotiable
Exhibit B – Hourly Fee and Expense Schedule
Page 2 of 2
Reimbursable Expense Rates
Transportation $0.75/mile
Survey Vehicle $0.95/mile
Laser Printouts/Photocopies $0.30/copy
Plotter Printouts $1.00/s.f.
UAS - Photo/Video Grade $100.00/day
UAS – Survey $50.00/day
Total Station – Robotic $35.00/hour
Mapping GPS $25.00/hour
Fast Static/RTK GPS $50.00/hour
All-Terrain Vehicle/Boat $100.00/day
Cellular Modem $75.00/month
Web Hosting $26.00/month
Legal Services Reimbursement $250.00/hour
Outside Services cost *1.15
Geotechnical Services cost *1.30
Out of Pocket Expenses cost*1.15
Rental Car cost*1.20
Project Specific Equipment Negotiable
*Position titles are for labor rate grade purposes only.
These rates are subject to adjustment each year on January 1.
ATTACHMENT 1
Insurance Requirements. The Contractor, at its expense, shall procure and
maintain in force for the duration of this Agreement the following
minimum insurance coverages:
A. General Liability. The Contractor agrees to maintain
commercial general liability insurance in a minimum
amount of $1,000,000 per occurrence; $2,000,000
annual aggregate. The policy shall cover liability arising
from premises, operations, products completed
operations, personal injury, advertising injury, and
contractually assumed liability. The City shall be
endorsed as additional insured.
B. Automobile Liability. If the Contractor operates a motor
vehicle in performing the Services under this Agreement,
the Contractor shall maintain commercial automobile
liability insurance, including owned, hired, and non-
owned automobiles, with a minimum liability limit of
$1,000,000 combined single limit.
C. Workers’ Compensation. The Contractor agrees to provide
workers’ compensation insurance for all its employees in
accordance with the statutory requirements of the State of
Minnesota. The Contractor shall also carry employers
liability coverage with minimum limits are as follows:
$500,000 – Bodily Injury by Disease per
employee
$500,000 – Bodily Injury by Disease
aggregate
$500,000 – Bodily Injury by Accident
D. Professional (Errors and Omissions) Liability Insurance. The
Contractor will maintain professional liability insurance
for all claims the Contractor may become legally obligated
to pay resulting from any actual or alleged negligent act,
error, or omission related to Contractor’s professional
services required under this Agreement. The Contractor is
required to carry the following minimum limits:
$1,000,000 per occurrence; $2,000,000 annual aggregate.
The retroactive or prior acts date of such coverage shall not
be after the effective date of this Agreement, and the
Contractor shall maintain such insurance for a period of at
least three (3) years following completion of the Services.
If such insurance is discontinued, extended reporting
period coverage must be obtained by the Contractor to
fulfill this requirement.
The Contractor shall, prior to commencing the Services,
deliver to the City a Certificate of Insurance as evidence
that the above coverages are in full force and effect.
The insurance requirements may be met through any
combination of primary and umbrella/excess insurance.
The Contractor’s policies shall be the primary insurance to
any other valid and collectible insurance available to the
City with respect to any claim arising out of Contractor’s
performance under this Agreement.
The Contractor’s policies and Certificate of Insurance
shall contain a provision that coverage afforded under the
policies shall not be cancelled without at least thirty (30)
days advanced written notice to the City.
E-100
June 13, 2023
Kurt Neidermeier
Utility Manager
13400 90th Street NE
Otsego, MN 55330
RE: Letter Agreement between City of Otsego and AE2S
City of Otsego, MN – East/West Interconnect PRV and Tower 2 PRV I&C Professional Services
Dear Mr. Neidermeier,
Advanced Engineering and Environmental Services, LLC. (AE2S) proposes to render professional services for
programmable logic controller (PLC) and Supervisory Control and Data Acquisition (SCADA) programming
services associated with the new East/West Interconnect and Tower 2 pressure reducing valves (PRV’s) to the City
of Otsego (OWNER).
This Agreement, including Exhibit A, sets forth the terms and conditions under which the OWNER and AE2S
shall be governed regarding the Assignment.
Scope of Basic Services
AE2S will perform the following tasks:
East/West Interconnect PRV
Project coordination and planning.
Perform PLC programming within East/West Interconnect PRV PLC to include the following:
1. East and West zones pressure monitoring and trending including adjustable alarm setpoints.
2. Interconnect PRV flow monitoring and trending including adjustable alarm setpoints.
3. Interconnect PRV flow totalization (today, yesterday, cumulative).
4. Control panel temperature monitoring and trending including adjustable alarm setpoints.
5. Alarming to include enable/disable control and consist of the following alarms:
1. Site Communication Failure.
2. Utility Power Failure.
3. UPS Failure.
4. UPS Power Available.
5. TVSS Failure.
6. Control Panel High/Low Temperature.
7. Control Panel Intrusion.
8. East Zone High/Low Pressure.
9. West Zone High/Low Pressure.
10. High/Low Flow.
Perform operator interface programming.
Create data mapping and messaging within master Tower 2 PLC for SCADA and alarming purposes.
Create data mapping within West Wastewater Treatment Facility (WWTF) PLC for SCADA and alarming
purposes.
Create data mapping within East WWTF PLC for SCADA and alarming purposes.
RE: Letter Agreement for City of Otsego
City of Otsego, MN – East/West Interconnect PRV and Tower 2 PRV I&C Professional Services
June 13, 2023
Page 2 of 6
Create SCADA graphics within West WWTF including data monitoring and controls adjustments.
Create SCADA graphics within East WWTF including data monitoring and controls adjustments.
Configure alarming within Win-911 alarm notification software.
System testing and commissioning.
Tower 2 PRV
Project coordination and planning.
Perform control panel modifications as follows:
Provide and install new Allen-Bradley 5069-L320ER CompactLogix PLC and input/output (I/O) modules to
replace existing PLC within Tower 2 control panel. The existing Tower 2 PLC is no longer supported and is
discontinued by the manufacturer. Upgrading this PLC with a 5069-L320ER model results in increased
controls system reliability and incorporates a second PLC Ethernet port for more efficient telemetry
communications.
Provide and install wire terminals and wiring associated with new Tower 2 PRV controls and monitoring.
Provide and install Allen-Bradley Panelview Plus 7 6” operator interface and 24vdc power supply.
1. Operator interface shall include the following:
1. Tower 2 Level.
2. Valve Position Command.
3. Valve Position Feedback.
4. System Pressure.
5. System Flow.
6. Associated PRV controls, monitoring and alarms.
Perform PLC programming within Tower 2 PLC to modify all existing telemetry logic for use within new
Allen-Bradley 5069-L320ER PLC.
Perform PLC programming within Tower 2 PLC associated with addition of new PRV to include the
following:
1. System pressure monitoring and trending including adjustable alarm setpoints.
2. System Flow monitoring and trending including adjustable alarm setpoints.
3. System Flow totalization (today, yesterday, cumulative).
4. Valve auto/manual position controls including valve position feedback.
5. Valve “in remote” status.
6. Alarming to include enable/disable control and consist of the following alarms:
1. High/Low System Pressure.
2. High/Low System Flow.
3. Valve Faulted/Common Alarm.
4. Valve Fail to Close.
5. Valve Fail to Open.
6. Valve Not in Remote.
7. Data mapping and messaging for SCADA and alarming purposes.
Perform operator interface programming.
Create data mapping within West Wastewater Treatment Facility (WWTF) PLC for SCADA and alarming
purposes.
Create data mapping within East WWTF PLC for SCADA and alarming purposes.
Create SCADA graphics within West WWTF including data monitoring and controls adjustments.
Create SCADA graphics within East WWTF including data monitoring and controls adjustments.
Configure alarming within Win-911 alarm notification software.
RE: Letter Agreement for City of Otsego
City of Otsego, MN – East/West Interconnect PRV and Tower 2 PRV I&C Professional Services
June 13, 2023
Page 3 of 6
System testing and commissioning.
Telemetry System Cellular Upgrades – Phase 2
Perform speed and dependability cellular upgrades to existing telemetry system including the following:
1. Coordination and planning.
2. Procure, install, and configure new 4RF Aprisa cellular modem, antenna, and associated equipment
within the following control panels:
1. PRV
2. Tower 4
3. Wellhouse 1
4. Wellhouse 2
5. Wellhouse 3
6. Well 8
7. Well 9
8. Booster Station
3. Perform PLC programming associated with cellular modems communication to modify existing
telemetry messaging.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the Assignment are not
included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide
services beyond the scope of this Agreement on an hourly basis in accordance with the Hourly Fee Schedule
attached as Exhibit B.
CLIENT’S Responsibilities
CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S:
1. Designate a person to act as CLIENT’s representative with respect to the services to be rendered under
this Agreement. Such person shall have authority to transmit instructions, receive information, and
interpret and define CLIENT’s policies and decisions with respect to services for the Assignment.
2. Provide relevant information regarding requirements for the Assignment. AE2S shall be entitled to
use and rely upon all information provided by CLIENT or others in performing AE2S’s services
under this Agreement.
3. Provide access to the relevant site sufficient for AE2S to performs its services under this Agreement.
4. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have been
performed satisfactorily hereunder in accordance with the fee terms set forth herein.
CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section.
RE: Letter Agreement for City of Otsego
City of Otsego, MN – East/West Interconnect PRV and Tower 2 PRV I&C Professional Services
June 13, 2023
Page 4 of 6
Fees
AE2S shall render services under this Agreement on an hourly basis not to exceed $93,265 in accordance with the
Fee Schedule attached as Exhibit B, as adjusted annually on January 1, plus reimbursement for all project related
expenses.
East/West Interconnect PRV I&C Professional Services Professional Fees
Coordination and Planning – 4 hours $840
PLC Programming – PRV – 12 hours $2,520
PLC Programming – Tower 2 – 12 hours $2,520
PLC Programming – East WWTF – 8 hours $1,680
PLC Programming – West WWTF – 8 hours $1,680
Operator Interface Programming – 10 hours $2,100
SCADA Programming – East WWTF – 16 hours $3,360
SCADA Programming – West WWTF– 16 hours $3,360
Win911 Configuration – 2 hours $420
Testing and Commissioning – 10 hours $2,100
Mileage, Etc. $500
East/West Interconnect PRV Professional Services Total $21,080
Tower 2 PRV I&C Professional Services Professional Fees
Coordination and Planning – 4 hours $840
Control Panel Modifications/Equipment Installation – 10 hours $2,100
PLC Programming – Tower 2 PRV Controls and Data Mapping – 30 hours $6,300
PLC Programming – East WWTF – 8 hours $1,680
PLC Programming – West WWTF – 8 hours $1,680
Operator Interface Programming – 10 hours $2,100
SCADA Programming – East WWTF – 20 hours $4,200
SCADA Programming – West WWTF– 20 hours $4,200
Win911 Configuration – 2 hours $420
Testing and Commissioning – 10 hours $2,100
Mileage, Etc. $500
Tower 2 PRV Professional Services Total $26,120
Tower 2 PRV Equipment Equipment Cost
Qty. 1 Allen-Bradley 5069-L320ER PLC $4,450
Qty. 1 Allen-Bradley 5069-IA16 Digital Input Module $565
Qty. 1 Allen-Bradley 5069-OW4I Digital Output Module $465
Qty. 1 Allen-Bradley 5069-IF8 Analog Input Module $1,215
Qty. 1 Allen-Bradley 5069-OF4 Analog Output Module $1,095
Qty. 1 Allen-Bradley 5069-FPD Power Module $175
Qty. 1 Allen-Bradley Panelview Plus 7 6” Operator Interface $2,200
Qty. 1 Phoenix Contact 24vdc Power Supply $400
Wire, Terminals, Supplies $1,000
Mileage, Etc. $500
Tower 2 PRV Equipment Total $12,065
RE: Letter Agreement for City of Otsego
City of Otsego, MN – East/West Interconnect PRV and Tower 2 PRV I&C Professional Services
June 13, 2023
Page 5 of 6
Telemetry System Cellular Upgrades Professional Services – Phase 2 Professional Fees
Coordination and Planning – 4 hours $840
Cellular Modem Installation/Testing – PRV – 3 hours $630
Cellular Modem Installation/Testing – Tower 4 – 5 hours $1,050
Cellular Modem Installation/Testing – Wellhouse 1 – 3 hours $630
Cellular Modem Installation/Testing – Wellhouse 2 – 3 hours $630
Cellular Modem Installation/Testing – Wellhouse 3 – 3 hours $630
Cellular Modem Installation/Testing – Well 8 – 3 hours $630
Cellular Modem Installation/Testing – Well 9 – 3 hours $630
Cellular Modem Installation/Testing – Booster Station – 3 hours $630
PLC Programming – 40 hours $8,400
Telemetry System Cellular Upgrades Professional Services Total – Phase 2 $14,700
Telemetry System Cellular Upgrades Equipment – Phase 2 Equipment Cost
Cellular Equipment (Qty. 8 Cellular Modems, Antennas, Cabling, Mounts, Config) $17,800
Wire, Terminals, Supplies $1,000
Mileage, Etc. $500
Telemetry System Cellular Upgrades Equipment Total – Phase 2 $19,300
Project Totals Professional Fees
East/West Interconnect PRV Total $21,080
Tower 2 PRV Total $38,185
Telemetry System Cellular Upgrades Total – Phase 2 $34,000
Grand Total $93,265
Performance Schedule
AE2S proposes completion of the proposed Scope of Services within 120 days of receiving Notice to Proceed.
RE: Letter Agreement for City of Otsego
City of Otsego, MN – East/West Interconnect PRV and Tower 2 PRV I&C Professional Services
June 13, 2023
Page 6 of 6
Contract Documents
This Agreement includes the following documents, incorporated herein by reference:
1. Exhibit A - Terms and Conditions;
2. Exhibit B - Hourly Fee and Expense Schedule;
3. Any drawings or specifications provided by the CLIENT in writing; and
4. Any duly executed written amendments.
There are no contract documents other than this Agreement and those documents listed above.
If this Agreement sets forth your understanding of our agreement, including the scope of work desired, fees, terms,
and conditions, please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to
assist you. We look forward to working with you.
Sincerely,
Allen Dostall
Instrumentation and Controls Senior Specialist
AE2S CLIENT
Accepted this _____ day of
__________________________, 2023
By: _______________________________ By: ________________________________
Justin Klabo, PE
Operations Manager Name (Print):________________________
Title: ______________________________
This is EXHIBIT A, consisting of 2 pages, referred to in and part of
the Agreement between CLIENT and AE2S dated June 13, 2023.
Standard Terms and Conditions
The Agreement is supplemented to include the following terms and conditions:
1. Standard of Care
a. The standard of care for all professional services performed or furnished
by AE2S under this Agreement will be the care and skill ordinarily used
by members of AE2S’s profession practicing under similar circumstances
at the same time and in the same locality. AE2S makes no warranties,
express or implied, under this Agreement or otherwise, in connection with
AE2S’s services.
b. CLIENT shall be responsible for, and AE2S may rely upon, the accuracy
and completeness of all requirements, programs, instructions, reports, data,
and other information furnished by CLIENT to AE2S pursuant to this
Agreement. AE2S may use such requirements, reports, data, and
information in performing or furnishing services under this Agreement.
2. Payments to AE2S
Invoices will be prepared in accordance with AE2S’s standard invoicing
practices and will be submitted to CLIENT by AE2S monthly, unless
otherwise agreed. Invoices are due and payable within 30 days. If
CLIENT fails to make any payment due AE2S for services and expenses
within 30 days, the amounts due AE2S will be increased at the rate of
1.75% per month (or the maximum rate of interest permitted by law, if less)
from said thirtieth day. In addition, AE2S may, after giving seven days
written notice to CLIENT, suspend services under this Agreement until
AE2S has been paid in full all amounts due for services, expenses, and
other related charges. All payments shall be made in United States Dollars.
3. Insurance
AE2S will maintain insurance coverage for Workers' Compensation,
Professional Liability, General Liability, and Automobile Liability and will
provide certificates of insurance to CLIENT upon request. See
ATTACHMENT 1.
4. Exclusion of Special, Incidental, Indirect, and Consequential Damages
To the fullest extent permitted by law, and notwithstanding any other
provision in the Agreement, AE2S and AE2S’s officers, directors, partners,
employees, agents, and Consultants, or any of them, shall not be liable to
CLIENT or anyone claiming by, through, or under CLIENT for any
special, incidental, indirect, or consequential damages whatsoever arising
out of, resulting from, or in any way related to the Assignment or this
Agreement, from any cause or causes, including but not limited to any such
damages caused by the negligence, professional errors or omissions, strict
liability, breach of contract or warranties, express or implied, of AE2S or
AE2S’s officers, directors, partners, employees, agents, or AE2S's
Consultants, or any of them.
5. Limit of Liability To the fullest extent permitted by law, notwithstanding any other provision
of this Agreement, the total liability, in the aggregate, of AE2S and AE2S’s
officers, directors, partners, employees, agents, and AE2S’s Consultants,
and any of them, to CLIENT and anyone claiming by, through, or under
CLIENT for any and all claims, losses, costs, or damages whatsoever
arising out of, resulting from or in any way related to the Project or the
Agreement from any cause or causes, including but not limited to the
negligence, professional errors or omissions, strict liability or breach of
contract, or warranty express or implied of AE2S or AE2S’s officers,
directors, partners, employees, agents, or AE2S’s Consultants, or any of
them, shall not exceed $1,000,000.
6. Termination of Contract
Either party may at any time, upon seven days prior written notice to the
other party, terminate this Agreement. Upon such termination, CLIENT
shall pay to AE2S all amounts owing to AE2S under this Agreement, for
all work performed up to the effective date of termination, plus reasonable
termination costs.
7. Access
CLIENT shall arrange for safe access to and make all provisions for AE2S
and AE2S’s Consultants to enter upon public and private property as
required for AE2S to perform services under this Agreement.
8. RESERVED
9. Ownership and Reuse of Documents
All documents prepared or furnished by AE2S pursuant to this Agreement
are instruments of service, and AE2S shall retain an ownership and
property interest therein. Reuse of any such documents by CLIENT shall
be at CLIENT's sole risk; and CLIENT agrees to indemnify, and hold
AE2S harmless from all claims, damages, and expenses including
attorney's fees arising out of such reuse of documents by CLIENT or by
others acting through CLIENT.
10. Limited Equipment Warranty
AE2S MAKES NO REPRESENTATIONS OR WARRANTIES
WITH RESPECT TO ANY PRODUCTS MANUFACTURED BY A
THIRD PARTY, INCLUDING ANY (a) WARRANTY OF
MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d)
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY; WHETHER
EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE OR
OTHERWISE. AE2S'S SOLE RESPONSIBILITY TO CLIENT
WITH RESPECT TO ANY EQUIPMENT OR COMPONENTS
AND PARTS MANUFACTURED BY A THIRD PARTY AND
INCORPORATED INTO THE EQUIPMENT SHALL BE TO PASS
THROUGH TO CLIENT SUCH ORIGINAL EQUIPMENT
MANUFACTURER'S AVAILABLE PRODUCT WARRANTY.
THE REMEDIES SET FORTH IN THE MANUFACTURER’S
TERMS SHALL BE THE CLIENT’S SOLE AND EXCLUSIVE
REMEDY AND AE2S’S ENTIRE LIABILITY FOR ANY BREACH
OF THIS LIMITED WARRANTY.
11. Contractors
AE2S shall not at any time supervise, direct, control, or have authority over
any contractor's work, nor shall AE2S have authority over or be
responsible for the means, methods, techniques, sequences, or procedures
of construction selected or used by any contractor, or the safety precautions
and programs incident thereto, for security or safety at a project site, nor
for any failure of a contractor to comply with laws and regulations
applicable to such contractor's furnishing and performing of its work.
AE2S neither guarantees the performance of any contractor nor assumes
responsibility for any contractor’s failure to furnish and perform its work
in accordance with the contract between CLIENT and such contractor.
AE2S shall not be responsible for the acts or omissions of any contractor,
subcontractor, or supplier, or of any of their agents or employees or of any
other persons (except AE2S’s own employees) at a project site or otherwise
furnishing or performing any construction work; or for any decision made
regarding the construction contract requirements, or any application,
interpretation, or clarification of the construction contract other than those
made by AE2S.
12. Force Majeure
AE2S shall not be liable for any loss or damage due to failure or delay in
rendering any service called for under this Agreement resulting from any
cause beyond AE2S’s reasonable control.
13. No Third Party Beneficiaries
All duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of CLIENT and AE2S and not for the
benefit of any other party. Nothing contained in this Agreement shall create
a contractual relationship with or a cause of action in favor of a third party
against either CLIENT or AE2S. AE2S’s services under this Agreement
are being performed solely for CLIENT’s benefit, and no other entity shall
Exhibit A - Standard Terms and Conditions
Page 2 of 2
have any claim against AE2S because of this Agreement or the
performance or nonperformance of services hereunder.
14. Assignment
Neither party shall assign its rights, interests or obligations under this
Agreement without the express written consent of the other party.
15. Binding Effect
This Agreement shall bind, and the benefits thereof shall inure to the
respective parties hereto, their legal representatives, executors,
administrators, successors, and assigns.
16. Severability and Waiver of Provisions
Any provision or part of the Agreement held to be void or unenforceable
under any laws or regulations shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon CLIENT and AE2S,
who agree that the Agreement shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing the intention of the stricken provision.
Non-enforcement of any provision by either party shall not constitute a
waiver of that provision, nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
17. Survival
All express representations, indemnifications, or limitations of liability
included in this Agreement will survive its completion or termination for
any reason.
18. Headings
The headings used in this Agreement are for general reference only and do
not have special significance.
19. Controlling Law
This Agreement is to be governed by the law of the State of Minnesota
without regard to its conflicts of laws principles.
20. Notices
Any notice required under this Agreement will be in writing, addressed to
the appropriate party at its address on the signature page, or if to AE2S at
4050 Garden View Drive, Grand Forks, ND 58201, and given personally,
or by registered or certified mail postage prepaid, or by a commercial
courier service. All notices shall be effective upon the date of receipt.
21. Executed in Counterparts
This Agreement may be executed in counterparts, each of which together
will constitute one and the same instrument. Delivery of an executed
counterpart of this Agreement shall constitute effective delivery of this
Agreement. Each party agrees that the delivery of the Agreement by
facsimile or electronic mail shall have the same force and effect as delivery
of original signature and that each party may use such facsimile or
electronic mail signatures as evidence of the execution and delivery of the
Agreement by the parties to the same extent that an original signature could
be used.
22. Indemnification and Allocation of Risk
a. To the fullest extent permitted by law, AE2S shall indemnify and hold
harmless CLIENT and CLIENT’s officers, directors, members, and
employees from any and all costs, losses, and damages (including but not
limited to all reasonable fees and charges of engineers, architects,
attorneys, and other professionals, and all court, arbitration, or other
dispute resolution costs) arising out of or relating to the Project, provided
that any such cost, loss, or damage is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property (other
than the Work itself), including the loss of use resulting therefrom, but only
to the extent caused by any negligent act or omission of AE2S or AE2S’s
officers, directors, members, partners, employees, or Consultants. The
parties expressly agree that AE2S or AE2S’s officers, directors, members,
partners, or employees have no duty to defend CLIENT and CLIENT’s
officers, directors, members, and employees against any claims, causes of
action, demands, lawsuits, or proceedings of any kind. AE2S will
reimburse CLIENT for reasonable defense costs for claims resulting from
AE2S’ professional negligence based on the percentage of AE2S’ liability.
b. To the fullest extent permitted by law, CLIENT shall indemnify and hold
harmless AE2S, AE2S’s officers, directors, partners, employees, and
consultants from and against costs, losses, and damages (including but not
limited to reasonable fees and charges of engineers, architects, attorneys,
and other professionals, and reasonable court or arbitration or other dispute
resolution costs) to the extent caused by the negligent acts or omissions of
CLIENT or CLIENT's officers, directors, partners, employees, and
consultants with respect to this Agreement.
c. In addition to the indemnity provided under paragraph 4.b. of this
Exhibit, and to the fullest extent permitted by law, CLIENT shall
indemnify and hold harmless AE2S and AE2S’s officers, directors,
partners, employees, and consultants from and against injuries, losses,
damages and expenses (including but not limited to all reasonable fees and
charges of engineers, architects, attorneys, and other professionals, and all
court or arbitration or other disputes resolution costs) caused by, arising
out of, or resulting from Hazardous Environmental Condition, provided
that (i) any such injuries, losses, damages and expenses are attributable to
bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property, including the loss of use resulting therefrom, and (ii)
nothing in this paragraph 4.c. shall obligate CLIENT to indemnify any
individual or entity to the extent of that individual or entity's own
negligence or willful misconduct.
d. To the fullest extent permitted by law, AE2S’s total liability to CLIENT
and anyone claiming by, through, or under CLIENT for any injuries,
losses, damages and expenses caused in part by the negligence of AE2S
and in part by the negligence of CLIENT or any other negligent entity or
individual, shall not exceed the percentage share that AE2S’s negligence
bears to the total negligence of CLIENT, AE2S, and all other negligent
entities and individuals.
Exhibit B – Hourly Fee and Expense Schedule
Page 1 of 2
This is EXHIBIT B, consisting of 2 pages, referred to in
and part of the Agreement between CLIENT and AE2S
dated June 13, 2023.
Hourly Fee and Expense Schedule
Reimbursable Expenses and Standard Hourly rates in effect on the date of the Agreement are set forth below. Rates are subject
to annual adjustment effective January 1.
Labor Rates*
Administrative 1 $65.00
Administrative 2 $79.00
Administrative 3 $95.00
Communications Specialist 1 $105.00
Communications Specialist 2 $122.00
Communications Specialist 3 $141.00
Communications Specialist 4 $170.00
Communications Specialist 5 $187.00
Construction Services 1 $125.00
Construction Services 2 $153.00
Construction Services 3 $170.00
Construction Services 4 $188.00
Construction Services 5 $208.00
Engineering Assistant 1 $85.00
Engineering Assistant 2 $99.00
Engineering Assistant 3 $125.00
Engineer 1 $135.00
Engineer 2 $162.00
Engineer 3 $190.00
Engineer 4 $220.00
Engineer 5 $235.00
Engineering Technician 1 $84.00
Engineering Technician 2 $105.00
Engineering Technician 3 $126.00
Engineering Technician 4 $141.00
Engineering Technician 5 $161.00
Financial Analyst 1 $112.00
Financial Analyst 2 $127.00
Financial Analyst 3 $153.00
Financial Analyst 4 $167.00
Financial Analyst 5 $186.00
GIS Specialist 1 $105.00
GIS Specialist 2 $127.00
GIS Specialist 3 $150.00
GIS Specialist 4 $168.00
GIS Specialist 5 $187.00
I&C Assistant $100.00
I&C 1 $148.00
I&C 2 $175.00
I&C 3 $198.00
I&C 4 $210.00
I&C 5 $220.00
IT 1 $130.00
IT 2 $175.00
IT 3 $215.00
Land Surveyor Assistant $95.00
Land Surveyor 1 $115.00
Land Surveyor 2 $139.00
Land Surveyor 3 $157.00
Land Surveyor 4 $173.00
Land Surveyor 5 $190.00
Operations Specialist 1 $100.00
Operations Specialist 2 $125.00
Operations Specialist 3 $155.00
Operations Specialist 4 $177.00
Operations Specialist 5 $199.00
Project Coordinator 1 $116.00
Project Coordinator 2 $130.00
Project Coordinator 3 $145.00
Project Coordinator 4 $160.00
Project Coordinator 5 $180.00
Project Manager 1 $205.00
Project Manager 2 $225.00
Project Manager 3 $240.00
Project Manager 4 $254.00
Project Manager 5 $272.00
Project Manager 6 $284.00
Sr. Designer 1 $178.00
Sr. Designer 2 $198.00
Sr. Designer 3 $212.00
Sr. Financial Analyst 1 $210.00
Sr. Financial Analyst 2 $230.00
Sr. Financial Analyst 3 $250.00
Technical Expert 1 $325.00
Technical Expert 2 Negotiable
Exhibit B – Hourly Fee and Expense Schedule
Page 2 of 2
Reimbursable Expense Rates
Transportation $0.75/mile
Survey Vehicle $0.95/mile
Laser Printouts/Photocopies $0.30/copy
Plotter Printouts $1.00/s.f.
UAS - Photo/Video Grade $100.00/day
UAS – Survey $50.00/day
Total Station – Robotic $35.00/hour
Mapping GPS $25.00/hour
Fast Static/RTK GPS $50.00/hour
All-Terrain Vehicle/Boat $100.00/day
Cellular Modem $75.00/month
Web Hosting $26.00/month
Legal Services Reimbursement $250.00/hour
Outside Services cost *1.15
Geotechnical Services cost *1.30
Out of Pocket Expenses cost*1.15
Rental Car cost*1.20
Project Specific Equipment Negotiable
*Position titles are for labor rate grade purposes only.
These rates are subject to adjustment each year on January 1.
ATTACHMENT 1
Insurance Requirements. The Contractor, at its expense, shall procure and
maintain in force for the duration of this Agreement the following
minimum insurance coverages:
A. General Liability. The Contractor agrees to maintain
commercial general liability insurance in a minimum
amount of $1,000,000 per occurrence; $2,000,000
annual aggregate. The policy shall cover liability arising
from premises, operations, products completed
operations, personal injury, advertising injury, and
contractually assumed liability. The City shall be
endorsed as additional insured.
B. Automobile Liability. If the Contractor operates a motor
vehicle in performing the Services under this Agreement,
the Contractor shall maintain commercial automobile
liability insurance, including owned, hired, and non-
owned automobiles, with a minimum liability limit of
$1,000,000 combined single limit.
C. Workers’ Compensation. The Contractor agrees to provide
workers’ compensation insurance for all its employees in
accordance with the statutory requirements of the State of
Minnesota. The Contractor shall also carry employers
liability coverage with minimum limits are as follows:
$500,000 – Bodily Injury by Disease per
employee
$500,000 – Bodily Injury by Disease
aggregate
$500,000 – Bodily Injury by Accident
D. Professional (Errors and Omissions) Liability Insurance. The
Contractor will maintain professional liability insurance
for all claims the Contractor may become legally obligated
to pay resulting from any actual or alleged negligent act,
error, or omission related to Contractor’s professional
services required under this Agreement. The Contractor is
required to carry the following minimum limits:
$1,000,000 per occurrence; $2,000,000 annual aggregate.
The retroactive or prior acts date of such coverage shall not
be after the effective date of this Agreement, and the
Contractor shall maintain such insurance for a period of at
least three (3) years following completion of the Services.
If such insurance is discontinued, extended reporting
period coverage must be obtained by the Contractor to
fulfill this requirement.
The Contractor shall, prior to commencing the Services,
deliver to the City a Certificate of Insurance as evidence
that the above coverages are in full force and effect.
The insurance requirements may be met through any
combination of primary and umbrella/excess insurance.
The Contractor’s policies shall be the primary insurance to
any other valid and collectible insurance available to the
City with respect to any claim arising out of Contractor’s
performance under this Agreement.
The Contractor’s policies and Certificate of Insurance
shall contain a provision that coverage afforded under the
policies shall not be cancelled without at least thirty (30)
days advanced written notice to the City.