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VII.1. Approve Design Services Agreement – Burnes Park Improvements; Stadler (CR2017-018)Segal' gap— for January 12, 2017 N 0 P K I N S Council Report 2017-018 Approve Design Services Agreement — Burnes Park Improvements Proposed Action Staff recommends adoption of the following motion: Move that Council approve a design services agreement with Hart-Howerton, Ltd. for the final design and construction -related services regarding the 2017 Burnes Park improvements and authorize the Mayor and City Manager to execute the agreement in the amount of $191,600.00. Overview The preliminary design and the associated project scope/preliminary design public outreach components of this significant park improvement project have been completed. Through two public meetings we received valuable feedback and general concurrence with the scope of the proposed improvements. The project team is now ready to move the project forward from preliminary design to final construction documents. At its Dec 19 meeting, the Park Board reviewed and recommended approval of the proposed project design and a $1.6M Park Capital fund budget. Staff now seeks approval to enter into the final design/construction services with Hart-Howerton. The City Attorney has reviewed the proposed design services agreement. Primary Issues to Consider • Project scope • Project schedule Supporting Information • Hart-Howerton Design Services Proposal • Project Site Plan, building elevation views • Park I-provement Fund (301) report qnn! Steven J. Stadler, Public Works Director Financial Impact: $ 191,600. Budgeted: Yes Source: Park Improvement Fund Council -s• 2017-018 Page 2 Analysis of Issues Project Scope: • New Splash Pad Pavilion • New Picnic Shelter • Existing warming house renovation • New Splash Pad • Seating Plaza • New play court area • New 2-5 play equipment, swings and new play equipment container • Pedestrian trails • Park lighting • Site furnishings • Plantings & irrigation • Site utilities Project Schedule: I Design: Jan 12 — Mar 3, 2017 Bidding: Feb 22 — March 15 Award Contract: March 21, 2017 Construction: April — October 2017 HART HOWEATON January 5, 2017 13911 Ridgedale Drive Suite 220 Afinnetonka, MN 55305 Tel: 952 476 1574 Fax: 952 476 1573 www.harthowerton.com Steven J. Stadler, PE Public Works Director City of Hopkins Public Works 11100 Excelsior Blvd. Hopkins, Minnesota, 55343 RE: Proposed Work Authorization for Architectural, Landscape Architectural & Engineering Services for Construction Documents, Bid, Phase and Construction Administration Project: Burnes Park Pavilions and Landscape Renovation Hopkins, Minnesota Dear Steve: We are pleased to tender this Proposed Work Authorization for architectural, landscape architectural and engineering services for the above -referenced project. For brevity, hereinafter., City of Hopkins is -referred to as the Owner, Hart Howerton is referred to as Architect. Hart Howerton has recently presented the -revised project Master Plan to the Public and submitted a Schematic Design (SD)/Design Development (DD) drawing package with a Preliminary Cost Opinion package, each dated 12/19/16. You have received approval from the Hopkins City Council to proceed with Construction Documents and construction implementarion of the project based on those documents and a construction cost budget of $1.6 million. For this Proposed Work Authorization, we propose the following approach, terms and conditions: 1. Parties This Proposed Work Authorization will be between City of Hopkins (Owner) and Hart Howerton, Ltd. (Architect). 2.. Architectural, Landscape Architectural and Engineering Services Scope of Work This Proposed Work Authorization is for Construction Documents (CD), Bid and Construction Administration (CA) phase, services. Our intent is to further the level of design and engineering for the approved park program elements and deliver to you Architectural, Landscape Architectural and Engineering plans and specifications that are suitable for ,5 HARTHOWERTON) 9LTD. 001t, ''000 NEw YORK-- SAN FRANCISCO SHANGHAI LONDON 0 SAO PAULO - HONOLULU - BOSTON MINNEAPOLIS Burnes Park CD -Bid -CA Proposal City of Hopkins Public Works January 5, 2017 Page 2 of 7 bidding on a lump sum construction basis. We propose to begin the CD phase by meeting with you to review the SD/DD and Preliminary Cost Opinion packages that have been generated as part of out recent design and planning work with you, discuss and confirm any alterations to the scope of the project and proposed project schedule before going forward with the CD work effort. Finally, we are recommending that a cost opinion be prepared at the 90% complete CD phase to endeavor to ensure that the proposed park program is in line with your budget requirements before we proceed with the Bid phase. At the successful conclusion of the Bid phase, we will assist you during Project construction by providing construction observation and administration services as outlined herein. Architectural, Landscape Architectural and Engineering Services Scope of Work: a. Construction Documents Phase Services i. Landscape, Civil, Site Structural, Site Electrical Power and Site Lighting construction documents suitable for Bid and Permit I Architectural., Structural., HVAC., Plumbing, Electrical Power and Lighting construction documents for 3 structures suitable for Bid and Permit iii. Coordination with Site design -build contractors for both the Splash Pad and Play Area iv. Cost opinion update at the 90% CD Phase completion V. Periodic review sessions with you as necessary to coordinate detail design elements of the project. During the CD phase, we propose that we set up a meeting or conference call every two weeks during the CD phase to check in on progress and potential questions that have come up. This would be limited to a maximum of (6) meetings or call -ins. vi. Meetings and submittals as required for jurisdictional approval and building permits V11. (1) Owner/Architect progress meeting at beginning of work effort viii. (1) Owner/Architect progress meet -Ing at 90% completion of Construction Documents b. Bid and Negotiation Phase Services. The Architect shall assist the Owner, by: i. Assembly of Construction Document Package for distribution to prospective contractors n Preparation and forwarding of ad to contractor "Request for Bid" placement to the posting posting services (Note that any cost of ad placen services would be paid by the Owner). iii. Preparation and issuance of Bid Addenda iv. Organizing and participating in pre-bid conference with interested contractors V. Review of bids and participation with the Owner in negotiations with prospective- contractors vi. (1) Owner/Architect meeting for review of bids, selection and award of contractor Burnes Park CD -Bid -CA Proposal City of Hopkins Public Works January 5, 2017 Page 3 of 7 C. Construction Phase Services We would ad -vise and consult with you during Construction Stage services. HH would provide Construction Stage Services to the extent expressly described and on the terms set forth herein. The descriptions below are limited to HH Architecture and Landscape Architecture and do not articulate the -respective Consultant scopes of work. i. Meetings and Site Visits a. The General Contractor (GC) would lead weekly Owner/ Architect/ Cont.tact6r (OAC) meetings including preparation of agendas and meeting minutes; HH would participate in up to five (5) monthly OAC meetings. b. As part of its Basic Services, HH would visit the site at intervals appropriate to observe the progress of the work and/or for site meetings. We would work with you to determine the most effective schedule for these visits and related services to meet Your Project timeline and ensure the best results. At this time we are assuming a process and schedule organized as follows: i. Our fee for Basic Services reflects up to thirty-two (32) site visits; 11. One (1) site visit to help you determine whether the Work appears to be substantially complete in accordance with the -requirements of the Construction Documents; 111. One (1) site visit to help you determine whether final completion appears to have been achieved. c. Such visits would be timed to coincide with GC4ed OAC Meetings, such meetings being minited by said GC. Additional site visits would constitute Additional Services. d. HH would provide written observations to the Owner within five (5) business days of any one (1) site visit. Such observations would collate site photos and our written observations on the progress and quality of the work, including any dear and visible deviations from the CDs as seen at the time of the site visit. ii. RFIs, ASIs, Cos. CORs and SKs a. During construction it is customary for there to be questions about drawings and specifications in the form of Requests for Information (RFI) to the Architect. The preparation of those clarification sketches, question responses, coordination and other correspondence are a typical and customary part of Construction Stage services and would be provided as part of the scope and fee structure outlined herein. b. HH would maintain internal logs of submittals,, RFIs., ASIs., Change Orders (CO/ COR), and SKs. Owner and General Contractor (GC), in the Owner -GC Agreement., would establish an RFI/.Change, Burnes Park CD -Bid -CA Proposal City of Hopkins Public Works January 5, 2017 Page 4 of 7 Order protocol reliant on GC coordination in advance of any request being made of HH. i. Two (2) reviews of each Shop Drawing, Product Data item, Sample and similar submittal from the GC. This assumes one review has the submittal returned with comments followed by one review for confirmation. ii. Additional submittal reviews, including allreviews of GC - proposed Product Substitutions, would be Additional Services. As the Project's Owner, you would separately and independently contract with a General Contractor to provide the services described in the Construction Documents; accordingly, HH would have no power or responsibility to reject work or to direct the performance of your General Contractor or any other party or to decide any dispute. If HH gives any opinion with regard to rejection of Work or with regard to a dispute, its sole obligation would be to render its advice and opinion in good faith. 3. Project Description The project consists of new park features that will be added or upgraded in a substantial renovation of Burnes Park in Hopkins.. Based on the approved $D/DD documents and cost opinion, we anticipate the following features will be included in the park: a. NEW PAVILION b. NEW PICNIC SHELTER c. EXISTING WARMING HOUSE RENOVATION d. TRASH ENCLOSURE e. NEW SPLASH PAD (by Commercial Recreation Specialists) f. SEATING PLAZA g. BASKETBALL COURT h. PLAY AREA (by Flagship Recreation) 1. PEDESTRIAN TRAILS j. PEDESTRIAN LEVEL SITE LIGHTING k. GRAND STAIR WITH RAILINGS 1. SITE FURNISHINGS m. PLANTINGS & IRRIGATION n. STORM WATER MANAGEMENT o. SITE UTILITIES 4. Owner Provided Information, Responsibilities, and Optional / Additional Services provided by the Architect. a. Site Survey i. A topo survey describing the existing conditions within the proposed project area and immediate surroundings, including existing utilities, right(s) of way and easements, inverts, sizes and line materials of existing utilities, originally dated 10/20/15 and revised by the Owner's surveyor on 11/15/16 has been provided by the Owner to the Architect. The Burnes Park CD -Bid -CA Proposal City of Hopkins Public Works January 5, 2017 Page 5 of 7 Architect is entitled to utilize and rely on the accuracy of this survey in preparing the project documents. b. Soil Investigation i. A Geotechnical investigation and report including a total of 7 soil borings will be provided by the Owner to the Architect. The Architect is entitled to utilize and rely on the accuracy of this .report in preparing the project documents. c. Cost Estimating Services are optional and highly recommended by Architect prior to beginning the Bid phase i.' The Owner should budget $2,000 for an independent cost estimator to perform cost estimating services for the building structures during the CD phase. ii. The Owner should budget $2,000 for Architect's cost opinion for landscape features during the CD phase. d. Rendering Services (optional service as part of City Council, public review or fund raising processes) i. An estimated fee budget for preparation of color tendered plans and or elevations for City Council presentations, community fund raising or other presentation purposes is in the range of $3,000. e. Independent Testing i. The City of Hopkins Building Department requires independent special testing services for concrete and special inspections to be performed. It is recommended the Owner secure the services of an independent testing agency with a budget, fee of $5,000. 5. Schedule Based on out understanding of City of Hopkins intent, we propose the following schedule: a. Consteuction Documents Phase Services January 4 through March 03 (2 Months) b. Bid and Negotiation Phase Services March 06 through April 07 (1 Month) c. Construction Administration Phase Services April 10 through September 30 (6 Months) The dates for each of the phases represents the best of out knowledge for startup and completion of the respective phases. Related to Construction Administration, should the actual construction startup date begin later than those shown, the Architect is flexible to adapt to that change. However, the fees stipulated in this agreement are limited to a 6 month Construction Administration (CA) Phase time period from the beginning of the construction phase. Should the CA phase go beyond 6 months, those subsequent services will be considered as Additional Services and billed on an hourly time and material basis. 6. Architect Proposed Consultants The Architect will provide architectural and landscape architectural services and will hire the following consultants for the following disciplines: architectural support, structural, mechanical, plumbing, electrical power and lighting. The Architect reserves the right to change consultants and will inform the Owner accordingly. Civil engineering will be retained directly by Owner. Burnes Park CD -Bid -CA Proposal City of Hopkins Public Works January 5, 2017 Page 6 of 7 a. Civil Engineering BKBM Engineering b. Splash Pad Specialist (Design/Build) Commercial Recreation Specialists c. Structural Engineering Herzog Engineering d. Mechanical., Electrical (incl. Lighting) and Plumbing Engineering EDI Limited e. Playground Equipment and Upgrade (Design/Build) Flagship Recreation k-1 A- 7. Compensation a. All mileage to and from the project site or City of Hopkins Public Works, materials, messenger service, printing and other reproduction and related project costs are additional and will be billed on a monthly basis. These are reimbursable expenses. i. The Owner shall budget $3000 for Reimbursable expenses. b. Estimate of hourly (time & materials) fees for architectural, landscape architectural and engineering services for work noted herein is as follows: PHASE Civil Landscape Architectural Structural AMP Total CD $11.1000 $47,000 $571,000 $1.0,000 $8,300 $133,300 BID $1.1600 $3.1000 $4,000 $81600 CA $1)600 $221000 $18.1000 $41500 $31600 $495700 Total Fee for Base Services $191)600 8. Mutually Agreed Amendment to Agreed Terms & Conditions, Clause 1.14, Limitation of Liability a. To the maximum extent permitted by law, the Owner agrees to limit the Architect's liability to the Owner to a maximum of 25% of the received design fee. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 9. . Payments to the . Architect and Terms and Conditions a. The Architect will invoice Owner on a monthly basis. Payments are due upon -receipt of the Architect's invoice. b. Additional work required beyond the scope of this Agreement will be done under separate Addendums for Additional Services. Changes to previously accepted work will be billed on the hourly rates noted in this Agreement. c. The Attachment A: Standard Terms and Conditions and Attachment B: Supplemental Terms and Conditions attached to this Work Authorization are made an additional part of this Agreement by way of this reference. Client signature on one or all part of this Work Authorization denotes acceptance of the full Agreement. Burnes Park CD -Bid -CA Proposal City of Hopkins Public Works January 5, 2017 Page 7 of 7 Respectfully yours, A. James Tinson, Chief Executive Officet for and on behalf of Hart Howetton., Ltd. NIN Architectu t*al Licens e # 44814 Owner: Mayor Date City of Hopkins City Manager Date City of Hopkins Enclosures: ® Attachment A: Standard Terms & Conditions 0 Attachment B: Supplemental Terms & Conditions ATTACHMENT A: STANDARD TERMS AND CONDITIONS 1.1 Contracting Parties.: The Hart Hower -ton firm identified in the Acknowledgment below ("Hart Howerton" or "HH") shall perform the scope of work ("Sef-vices") described in the attached proposal ("Proposal") in accordance with the following terms and conditions. The "Client" is the person or entity identified as such in the Acknowledgment below. The "Project" is the project identified in the Proposal. The "Agreement" consists of the Proposal (including any schedules or exhibits referred to therein); this Attachment A and its Acknowledgment and Schedule of Reimbursable Expenses; Attachment B if applicable; and other documents which may be expressly acknowledged by the parties. 1.2 Client Responsibilities: The Client shall provide a representative authorized to act on the Client's behalf, provide full information regarding the Project, and shallrender decisions on submissions by HH in a timely manner relative to the schedule and comply with any obligations on its part identified in the Proposal. Client shall engage the consultants specified as Client's consultants in the Proposal. HH shall be entitled to rely without further investigation on the accuracy and completeness of allreports and other information supplied by any consultant engaged by Client. Unless otherwise agreed to in writing, HH shall have no responsibility to coordinate the services of Client's consultants. 1.3 Rates and Estimates: The hourly rates on which the Proposal has been prepared and which shall apply to Additional Services (defined below) are: Title $US Dollars Principal $195-450 Sr. Associate/ Associate $145-225 Project Manager/ 'Job Capt $125-195 Design, Production and Admin. staff $75-165 These rates apply to the current period and are subject to increase by HH each January 1 and July 1 or when foreign exchange rates cause the hourly rates to decrease in relation to the USD by more than 5% from the rate at the date of this Proposal. Travel time shall be charged at 50% of these rates. Unless the Proposal establishes a fixed fee or fee cap, any estimate, budget or not to exceed price in the Proposal is an estimate only. If it appears that the fee will exceed the estimate, HH shall advise the Client and obtain the Client's approval before proceeding with work. If the Proposal establishes a fixed fee or fee cap, the fixed fee or cap applies only to the basic services specified in the Proposal. Additional Services are services described as Additional Services in the Proposal or which are beyond the basic services specifically described in the Proposal, and may result from a variety of changing conditions including (1) changes that increase the size, quality or complexity of the Project; (2) directives that are inconsistent with approvals previously given by the Client; (3) Value Engineering (4) revisions to documents caused by a change in the construction budget and/or the schedule; (5) Site visits and meetings, to the extent they exceed the amount specified in the Proposal; (6) Serving as a witness or providing documents in any matter in which HH is not a party; (7) time resulting from suspension of work on the Project for sixty (60) days or more, in which case HH shall also be entitled to receive remobilization fees. Delays and schedule changes not the fault of HH shall entitle HH to an equitable adjustment of any fixed fee or fee cap. 1.4 Invoices: Fees for professional services and reimbursable expenses shall be billed monthly. Invoices will generally be for work and expenses performed or incurred during the fiscal month prior to the date of invoice for the defined scope of work. Fees quoted in the Proposal and rates specified herein do not include any form of tax, which must be added and paid by the Client, if applicable (including but not limited to foreign withholding tax, value added tax, Hawaii GET, etc.). Initial retainers will be credited to the final invoice. 1.5 PPUment: All invoices are due and payable upon receipt regardless of the Client's project funding mechanism., non- performance of business partners, the approval of any agency of government, or the initiation of construction or sales. HH reserves the right to suspend the Services and/or terminate this Agreement should any invoice remain unpaid forty-five (45) days past the invoice date, in which event HH shall have no liability to Client for delay or damage caused to Client because of such suspension or termination. A febilling fee of one and one-half percent (1.5%) per month will be added to,, and be payable with, all amounts not paid within forty-five (45) days of the invoice date. 1.6 Schedules: Any schedules referred to in the Proposal or established by Client shall be equitably adjusted in the case of any delay in approval of HH's submissions, time required to perforin Additional Services or delay caused by any event beyond HH's reasonable control. HH's sole obligation with regard to any schedule shall be to use its commercially reasonable best efforts to meet the schedule, as adjusted. 1.7 Termination: If Services are provided on a time and materials basis, either party may terminate this Agreement for any reason or for no reason after giving twenty (20) working days written notice to the other party. In such case HH shall be paid in full for all time and materials (at standard hourly rates above) through the effective date of termination and for reimbursable expenses incurred or which cannot reasonably be avoided. Save for the Client's obligation to make these payments neither party shall have any liability to the other. I£ Services are provided on a fixed fee or lump sum basis, HH shall be paid in full for the percentage of Services completed, for reimbursable expenses incurred to the date of termination or which cannot reasonably be avoided and for its anticipated profit on the terminated portion of the Services, as reasonablyy determined by HH. If Client decides to terminate HH and thus not allow it to complete the Services, the Client acknowledges and agrees that HH, being divested of all control over the outcome of the Project, shall have no potential liability of any kind in connection with the Project and the Client covenants not to bring any claim against HH of any sort in connection with the Project. No termination of this agreement shall terminate the obligations of Client under 1.9, 1.10 and 1.11 below. 1.8 Standard of Care: HH and its consultants shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. This standard shall govern and limit all of HH's Services and obligations under this Agreement and no greater duty shall be imposed on HH or its consultants. HH's obligation shall be only to perform the Services specified in the Proposal. 1.9 Instruments of Service: Plans, specifications, concepts, designs, drawings, calculations and other documents, including those in electronic form, prepared by HH and/or its consultants are Instruments of Service useful with respect to this Project. HH and its consultants shall be deemed the authors and owners of the Instruments of Service prepared by them and shallretain all common law, statutory and other reserved rights, including copyrights. HH grants to the Client a non-exclusive, non -assignable license to use, and to sublicense contractors to use, HH's Instruments of Service solely to construct, use and maintain the Project, provided that the Client complies with all of its obligations, including prompt payment of all sums when due, under this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license, and Client shallrefrain from making reproductions of Instruments of Service and shall return to HH all originals and reproductions. Except as expressly authorized by this Agreement, the Client shall not delegate, sublicense, pledge or otherwise transfer any license granted herein to another party. Submission or distribution of Instruments of Service to meet regulatory requirements or for similar purposes is not publication in derogation of the reserved rights of HH. The Client shall not use or modify the Instruments of Service for future additions or alterations to this Project or for other projects. Any unauthorized use or modification of the Instruments of Service shall be at the Client's sole risk and without liability to HH and HH's sub consultants. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless HH, its officers, directors, employees and sub consultants against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, actually or allegedly arising from or in any way connected with the unauthorized reuse or modification of the Instruments of Service by the Client or any person or entity that acquires or obtains them from or through the Client without the written authorization of HH. If the Services involve the provision of any prototypical design, the license granted hereunder shall extend only to such number of each prototype as is specified in the Proposal. Any other use of the Instruments of Service not expressly permitted by this Agreement shallrequire an additional license fee to be agreed between HH and the Client. Nothing in this Agreement shall preclude HH from utilizing concepts and designs similar to those utilized for the Project on other projects for other clients not associated with Client, provided such other projects are not substantially identical to the Project. All HH documentation and all Instruments of Service shall be provided to the Client in the English (USA) language and in either imperial units of measure or metric units unless specifically agreed otherwise between the Client and HH. 1.10 Electronic Data: HH's hard copy stamped and signed drawings and any other hard -copy documents provided by HH for the Project take precedence over any CAD drawings and other files in electronic form issued by HH (collectively "Electronic Data") regarding the Project. HH makes no representation or warranty that Electronic Data conforms to the hard copy documents or that it is current or complete and has no obligation to provide updated versions of Electronic Data. HH retains .all copyrights associated with Electronic Data and disclaims all warranties, express or implied, of merchantability and fitness for specified purpose in connection with it. HH and its owners, employees and agents shall have no liability to Client or any other party for any defect or deficiency in Electronic Data. Client assumes all risks associated with its use and shall indemnify and hold harmless HH and its owners, employees and agents against and from every claim, demand, damage, fine, loss, liability (real or alleged) and expense arising from, or in any way connected with, any use of Electronic Data to the fullest extent of the law. In no event may Electronic Data be used by or transmitted to any other person or entity by Client without HH's prior written consent. 1.11 Use of Hart Howerton Name and Depictions of Project: Notwithstanding the provisions in Section 1.9 the Client may use renderings, conceptual and schematic drawings, models and photographs of models, computer-generated depictions, and photographs of the Project ("Depictions") for marketing and promotional use. In using Depictions and in otherwise describing and promoting the Project, the Client shall give appropriate credit to HH and indicate its role in the Project. Before using Depictions, the Client shall consult with HH about the nature of the Client's intended use. HH may revoke permission to use Depictions and HH's name at any time, and such permission is personal to the Client and may not be assigned. 1.12 Choice of Law. This Agreement shall be governed by the substantive law of the state or other jurisdiction in which the principal place of business of the HH firm entering into this Agreement is located, as designated in the Acknowledgement below, excluding its conflict of law rules. The parties further submit and agree to the exclusive jurisdiction of the courts sitting in that state or other jurisdiction. 1.13 Time Limitations: HH reserves the fight to renegotiate or withdraw the Proposal in the event that the Client does not execute within two (2) months of the date of Proposal. Any action or proceedings arising out of or in connection with this Agreement or the Services, whether in contract, tort, for breach of statutory duty or otherwise, must be commenced before the expiration of two (2) years from the earliest of (i) the date of completion by HH of the Services under this Agreement, (ii) termination of this Agreement, or (iii) substantial completion of the Project. 1.14 Limitation of Liability: The Client and HH mutually waive consequential damages for claims and other matters in question arising out of or relating to this Agreement and the Services. In addition, in recognition of the relative risks and benefits of the Project to both the Client and HH, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of HH and its consultants to the Client for any and all claims, losses, costs, damages of any nature whatsoever, and claims expenses from any cause or causes (including attorneys' fees and costs and expert witness fees and costs), including but not limited to those resulting from negligence, breach of contract, breach of statutory duty or otherwise (collectively "Claims") so that their total aggregate liability for and in connection with the entire Project, regardless of how limited in scope the services under this Agreement may be, shall not exceed the amount of HH's available insurance limits at the time of judgment, attempted collection or settlement (currently $5,000,000). The Client further agrees that the officers, principals, directors and employees of HH and its consultants and affiliates shall not be individually liable in respect of any Claims, that it holds such individuals harmless from all Claims and that it covenants not to bring any Claims against such individuals. The parties expressly agree that HH has no duty to defend the :Client or any related person or entity from and against any claims, causes of action or proceedings of any kind. If these limits of liability are not acceptable to the Client, HFI will negotiate a different limit in consideration of an alternative fee. 1.15 Budgets and Cost: Any participation by HH and/or its consultants in any budget process and any value engineering is provided only for determining general scope and quality parameters and to provide general assistance to the Client in developing budgets and estimates of construction cost. In no event shall HH or its consultants be deemed responsible for, or have any liability with respect to, the accuracy of any budget or cost estimate or the certification or verification of any payments to contractors. The Client shall have the sole responsibility to assure cost compliance and limitations in the Client's contracts with its contractors. 1 16 Priority, Assi=ent, No Third Party Rights: This Agreement supersedes all prior negotiations, representations, or agreements whether written or oral. This Agreement can be modified only by a written document signed by both parties. All work carried out and services performed by HH and its consultants in connection with the Project prior to execution of this Agreement shall be deemed to have been carried out subject to the terms and conditions of this Agreement. The Client may not assign the benefit of this Agreement or any rights arising under it without the prior written consent of HH. The Services and Instruments of Service are intended for the sole use of the Client in connection with the Project and the parties agree that there are no third party beneficiaries to this Agreement and no third parties to this Agreement shall be permitted to rely on the terms of this Agreement for any purpose. Acknowledgement 1.17 International Assistance: If the Project is located in a place other than the United States the Client shall use all reasonable efforts to assist HH, its personnel and their dependents in obtaining: visas, work permits, customs and currency clearances for business and personal property and funds, emergency assistance, and the like, and access to organizations and information useful for the performance of HH's services. The respective obligations of the parties are set forth in the Agreement, as defined above. If both the Client and Owner have signed this Acknowledgement, both shall be responsible jointly and severally to pay amounts invoiced and due to Hart Howerton. Proposal: Letter dated 1/5/2017 for the Burnes Park Pavilions and Landscape Renovation, Hopkins, MN Project. Billing: Preferred Billing Method: ❑ US Mail ❑ Email Billing contact name: Billing contact email: Client: Full Legal Name Attention: Address Federal Tax ID Owner Full Legal Name Attention: Address Federal Tax ID X x Agreed Title Date Agreed Title Date Hart Howerton: This Agreement, where referring to HH or Hart Howerton, refers only to the following identified entity which is solely responsible to provide the Services: [ Hart Howerton, Ltd. - One Union Street, San Francisco, CA 94111, USA - Projects in USA: AZ, CA, FL, GA, HI, ID,. MN, SC, TN, UT [L7 Hart Howerton Partners, Ltd. - 39thFloor, 10 East 40' Street, New York, NY 10016, USA - Projects in USA: CA, CO, CT (land), FL, ME, MA, NC, SC, TX, UT, VT, VA, "�W, "VW [� Hart Howerton, Inc. - (Projects in USA: NJ, NV, OR, PA, CT -Arch) L� Hart Howerton Planning, Architecture and Landscape Architecture, P.C. - (Projects in USA: NY, MT) [� Hart Howerton Planning, Architecture and Landscape Architecture, PR PC - (Projects in Puerto Rico) n HH Furnishings, Inc. SCHEDULE OF REIMBURSABLE EXPENSES Pass-through sub -consultant fees and other expenses such as travel, printing, CAD plotting, reproduction, copying, postage, shipping, fax, telephone, special renderings, mock-ups, etc. shall be billed by HH at cost plus fifteen percent (15%). Interoffice travel by HH staff between HH offices required to perform these services will be billed at cost without markup. PRINCIPAL - OTHER Interior Design Related Air Travel SCHEDULE OF LICENSE NUMBERS Samples, Mock ups Reimb Commercial -Domestic Business Economy Materials testing, fire retarding Landscape Architect Reimb Commercial -International First Class Business Anne Howerton Scotchguard and other chemical treatments Reimb Lodging Deluxe Standard Arizona Other 15004 - Delivery/Shipping/Fedex Reimb Reimb - Revit Hosting (A360, C4R) California $500/mo Ground Travel 1856 New Mexico Models 321 Reimb Miles IRS Rates IRS Rates 856 Video animation New York Reimb Car Rental Full Size Mid Size Connecticut Maps, Satellite imagery LAR0000999 Reimb Limo Reimb No - Reference books Florida Reimb Taxi, Car Service, Parking, Tolls Reimb Reimb Ohio Reproduction Unit US$ Late work (past 9PM+weekend) Reimb Reimb - B&W Punt/Copy 8.5 x 11 Per sheet $0.10 Meals - Hawaii Color Print/Copy 8.5 x 11 Per sheet $1.00 Travel Reimb Reimb LA002581 B&W Print/Copy 11 x 17 Per sheet $0.20 Late work (past 9PM+weekend) Reimb, Reimb South Carolina Color Print/Copy 11 x 17 Per sheet $2.00 Client Meeting/review Reimb Reimb 157-001284 B&W Plot -Bond Per foot $0.25 Office meeting/review Reimb No Indiana B&W Plot -Vellum Per foot $1.00 Telephone 20125 2017 Color Plot -Bond Per foot $6.00 Travel/Hotel/Air/Access Reimb Reimb Utah Color Plot -Vellum Per foot $7.00 Cell/Smartphone /Data/Roam Reimb Reimb - Color Plot -Glossy Photo Per foot $10.00 Consultants/Sub-Consultants Reimb Scans, plot to file No Charge - Notes Virginia 0401013336 406001217 - - Upon request, HH will provide additional backup documentation for reimbursable expenses (such as itemized receipts) but will charge Client six percent (6%) of the invoiced reimbursable expenses. 3901001628 Washington D.C. - All in-house printing will be billed (presentation plots, check plots, etc.). - - - Typically in-house reproduction is used on a daily, low volume basis. Out of house printers will be used as volume and deadlines dictate. External rush charges will be billed if due to the Client's request. 3811 - - SCHEDULE OF LICENSE NUMBERS Architect Landscape Architect .Architect Landscape Architect Tim Tinson Dave Howerton Anne Howerton Jim Tinson Dave Howerton Anne Howerton Arizona 44092 15004 - New Jersey 21AI01709600 - 21AS00101400 California C32136 1722 1856 New Mexico 4287 321 - Colorado 400652 856 - New York 028131-1 LA001709 - Connecticut ARI.0010985 LAR0000999 LAR0001043 North Carolina 10043 - 1805 Florida AR92974 - LA6666852 Ohio 0714521 - - Georgia RA011252 - LA001446 Oregon 6556 555 - Hawaii 11995 - LA10253 Pennsylvania RA -016451-B LA002581 - Idaho AR -984778 LA -16624 - South Carolina 7056 809 - Illinois 001-019784 157-001284 - Tennessee 103738 876 - Indiana - LA20600099 - Texas 20125 2017 - Maine ARC3218 LAR3294 - Utah 5907240-0301 5571556-5301 - Massachusetts AR30415 - - Vermont 003-0002966 - - Maryland 14395 - - Virginia 0401013336 406001217 - Michigan 1301063087 3901001628 Washington D.C. ARC6144 - - Minnesota 44814 - - West Virginia 3811 - - Montana 2650 192 - Wisconsin 10538-005 - - Nevada 5486 - 691 Wyoming C-2234 LA -0058C - New Hampshire 03499 Puerto Rico 21722 105 107 ATTACHMENT B: SUPPLEMENTAL TERMS AND CONDITIONS FOR CONS'T`RUCTION ADMINISTRATION SERVICES The Hart Howerton firm identified in the previously executed Attachment A ("Original Agreement") ("Hart Howerton" or "HH") shall perform the scope of work ("Services") described in the attached proposal for schematic design, design development, construction document preparation and/or construction administration services ("Proposal") in accordance with these Supplemental Terms ,and Conditions as well as those in the Original Agreement. The "Client" is the person or entity identified as such in the Acknowledgment below. The "Project" is the project identified in the Proposal. The "Agreement" consists of the Proposal (including any schedules or exhibits referred to therein); this Attachment B; the Original Agreement; any related future Work Authorizations; and other documents which may be expressly acknowledged by the parties to be a part of it. 1.18 Insurance. HH shall maintain throughout the term of this Agreement general liability, automobile liability, workers' compensation and professional liability insutance in amounts and with such coverages as are customary in the industry. To the extent any loss is covered by any property insurance held by either party the other party and its insurers waive all rights of subrogation. 1.19 Construction Phase Services. Unless otherwise agreed in writing, if HH (including its consultants, if applicable) has agreed in the Proposal to provide construction period services, its obligations shall only be as follows: HH shall visit the site at intervals appropriate to the progress of the work. HH shall have no obligation to make exhaustive or continuous inspections to determine the quality or quantity of the work. Any site visit or review of the progress of the work shall be only for the purpose of deter -mining general conformity of the work to the design intent and the apparent progress of the work. HH shall report to Client any deficiencies or deviations from the contract documents observed by HH. The responsibility to conform to the contract documents and construction drawings is solely that of Client's builder. HH shall have no responsibility for others' acts or omissions or the manner, methods, techniques, or means of construction or for safety procedures and requirements. Unless otherwise agreed in writing HH shall not issue formal certificates for payment but if asked, will advise the Client of what HH considers to be the stage of the progress of the work and the builder's consequent entitlement to payment. HH will have no power or responsibility to reject work or to direct the performance of the contractors or any other party or to decide any dispute. If HH gives any opinion with regard to rejection of Work or with regard to a dispute, its sole obligation will be to render its advice and opinion in good faith. When defined in the Proposal, HH shall respond to properly documented requests for information (RFI) posed by Client or Client's builder as to HH's interpretation of contract requirements and shall review shop drawings, samples and other submittals solely to determine conformity with the design intent. Client shall require RFIs to include a detailed written statement that indicates specific drawings or specifications the author believes to be in need of clarification and the nature of the clarification requested. HM's responses will be made within any time limits agreed upon or otherwise with reasonable promptness. HH will not review RFIs where (i) replies would entail a straightforward provision of drawing references or specification section citations for information already published; or (ii) the RFI author has not pre -coordinated a relevant enquiry across trades. As an Additional Service HH will: (a) review and advise the Client with respect to builder's requests for change orders, and prepare change orders approved by Client (b) prepare and issue supplemental. Sketches, Drawings and Specifications in response to changes to the Project design resulting from field conditions, conflicts, scope changes, or other unavoidable situations during the construction period;, and/or (c) provide additional site visits, reviews of shop drawings, samples and other submittals and/or participate in value engineering, to the extent they exceed the amount specified in the Proposal or that would be normal for a project such as the Project. HH shall advise the Client when HH believes that substantial completion and final completion have been achieved and shall assist with the identification of "punch list" items and determination of their completion. 1.20 No Agency. Except to the extent specifically provided otherwise in any written agreement between HH and the Client, HH is not an agent of Client and has no power or responsibility to reject work or to direct the performance of Client's builder or any other party engaged by Client or to decide any dispute. If HH gives any opinion with regard to rejection of work or with regard to a dispute, its sole obligation shall be to render its advice and opinion in good faith. HH shall have no liability for any advice or opinion given in good faith. 1.21 Bidding and Negotiation. Unless otherwise agreed in writing, any agreement by HH to provide services with regard to bidding and negotiation of contracts shall be limited to the following: HH shall assist Client in identifying and interviewing builders and consultants and shall advise the Client about the responsiveness of bids or proposals. HH shall assist the Client in procuring and reproducing descriptive documents for prospective contractors. HH shall advise Client about prospective contractors' requests for substitutions. The respective obligations of the parties are set forth in the Agreement, as defined above. Client: Full Legal Name Attention: Addres s X Agreed Title Date L4 Z C4 bo 0 0 W .2 M 0 z 0 t4 D It A W I N q.Lc m ' SITE LAYOUT j u 0- g 11, x ca • ■ Z 0 M ---1 0 Co z M --i M > X 0 < M (n Al 0 61 M ;0 00 0 r M Cn CD ;0 r 0 -00 ZO Z __j -0 X L-MVEME-19 z > C: M > < M 0— 0 > x z X - F;■ .4� M z i 70 > > M CQ 0 >< •c) Z 20y, C1) 0 M • M 0 a M r ; Cl) M ■11 z > > z CO M -0 x 0— CO I+ > G)> r- :! 0 M --1 Co Cf) M r- 1 ;0■ > M Z z 0 < x M M 717, C: > > ;io G) 0■ 0 r- Co M 0 z . 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C 0 -, _r -i M 22 0 z _U --i X i f41 M Co > M Cl) Cl) z C: G) CO z C G) C/) - C z z > z M M __q M C1) 0 C 0 M Z > > M 0 G) z coo G) z CO G) G) 0 OX Co C/) 00 C: z M Cl) ;Q > b M > C2 0 x z Orn b X M Z > M M 01 M Cil z 10 M M z�■ 0 ■ - m 0 < M 0 z > M M 0 I;' III M • ■ M th L4 Z C4 bo 0 0 W .2 M 0 z 0 t4 D It A W I N q.Lc m ' SITE LAYOUT j u 0- g BURNES PARK Hopkins, Minnesota City of Hopkins z 0 i M C/) z M M z 0 "reby CeMp4iff1his acirroffim or"'Q%— -a— report was prepared by me or under my direct supervision and I am a duly licensed Landscape Architect under the laws of the state of Minnesota. 1-1 A RT 110 W E RTO.V City or ITOPkin ROLAND S. ABERG License No. 47454 Pale: #*## 11, x ca 0 > Z 0 M ---1 0 Co z M --i M > X 0 < M (n Al 0 M x (n M ;0 00 0 r M Cn CD ;0 r 0 -00 ZO Z __j -0 z C: M > < M 0— 0 > x z X - .4� X t > i 70 M M M z z v-� z x 0 > M Z z 0 C: � � �( a O QOOOOQOOOO • •• � 0 M -V -n 00-0 0 G) 0 E q U3 Cq m w M M X Co -0 C 0 0 ;0 -a 0 nm -a ;0 Co C2 M> 00 4N. > 00 CA) C0 M 0 —y<-0 —1 A M, >_ 1 Z DO 0 —6 CO 4 ;U C C) 'P 0 ;z CO C/) > M C1) M M 0 0 0 cf) M 0 M g: G) 0 M M r =O MCS M M P Z ;U > c) :z C) --q M G) > Z 00 > Z 00 > Z CO 0— i . zo C/) > < C z __1 Z* 750 0 X X G) M ri b M Z;0 C 0 > C) z M C) 0 z 00 0 C: 09:M M Z;U Amo M0 zC.'2 M0 MZF C/) �0n; 0��:�qEZ0> 0 -.M -0M M0C/)0 2: 0 Z __j ;Q > 0 00 > Z > 0 0 0M Z z > M z r- > --i Cao ---q 0 Cf) ---I M ..00 > M C) C) M 0 > G Cl) 0 0 0 M p< _r M > M _10 w! 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M LL BU R ES PARK Hopkins, MN PRELIMINARY CONSTRUCTION COST OPINION -SCHEMATIC DESIGN -REDUCED HART HOWERTON REVISED 1/12/2017 ITEM N0. COST ITEM I TOTAL ($) 1 2 3 4 5, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 REMOVALS AND SITE PREP SITE UTILITIES A. STORMWATER MANAGEMENT B. STORM SEWER C. SANITARY SEWER D. WATER SERVICE EXCAVATION, GRADING AND TOPSOIL WARMING HOUSE RENOVATION A. REMODEL B. SUMMER ACCESS/OUTFITTING SPLASH PAD PAVILION/RESTROOMS PAVING BASKETBALL COURT PLAY AREA IMPROVEMENTS SPLASH COURT SITE FURNISHINGS SITE LIGHTING A. PEDESTRIAN HEIGHT LIGHT FIXTURES B. UPGRADE TRANSFORMER/POWER SUPPLY PLANTING, TURF AND IRRIGATION GRAND STAIR (W/RAILINGS) MOBILIZATION (3%) SUBTOTAL CONTINGENCY (10%) TOTAL COST BUDGET BUDGET EXTRAS A. DEMOLITION OF EXISTING PICNIC SHELTER B. REPLACE EXISTING PICNIC SHELTER C. PLAY AREA RESILIENT SURFACING D. TRASH ENCLOSURE E. UNIT PAVERS AT CENTER ISLAND F. DRINKING FOUNTAINS (2 EA.) G. PAINT EXISTING LIGHT POLES TOTAL COST BUDGET WITH EXTRAS EXCLUDES DESIGN, TESTING AND CITY STAFF COSTS 50,000 10,000 343,000 113,000 35,000 40,000 87,000 45,000 60,000 151,000 21,000 33,000 1,179,000 130,000 1,309,000 6,000 116,000 18,000 4,000 12,000 13,000 6,000 1,484,000 38,000 69,000 9,000 24,000 16,000 20,000 49,000 95,000 77,000 18,000 50,000 10,000 343,000 113,000 35,000 40,000 87,000 45,000 60,000 151,000 21,000 33,000 1,179,000 130,000 1,309,000 6,000 116,000 18,000 4,000 12,000 13,000 6,000 1,484,000 . PARK CAPITAL IMPROVEMENTS FUND (301) 12119/2016 Actual Projected Projected Projected Projected Projected Projected Projected F 2015 2016 2017 2018 2019 202_0, 2021 2022 Working Capital Beginning Year 141,306 2581547 117103722 1,325,544 6391610 3611598 123,746 188,759 Revenues: Taxes (from matured Park Bonds) Interest 8,743 41266 51,322 39,766 19,188 10,848 3,712 5,663 Dedication fees 0 0 0 0 Oxford Village 401700 Moline Apts 1801000 Village Apts 1201000 Cold Storage Site Redevelopment 300,000 Joint Rec refunds. 61000 61000 6,000 61000 61000 61000 61000 Franchise Fees (gas/elec) 2014 incr 87,148 853300 851300 851300 85,300 851300 851300 851300 Franchise Fees (gas/elec) 2012 incr 2063227 .2101000 2101000 2103000 2101000 2101000 2101000 210,000 Transfer in Franchise Fees 3161970 Bond Proceeds (1) 1,504,382 1,150,000 112001000 . Hennepin County Grant Cottageville Park Donations 1341689 BWSR Grant 4251250 CDBG Funds 1801000 PIR Funding (Transfer In) 2251000 Water Funding (Transfer In) 371500 Sewer Funding. (Transfer In) 37,500 Storm Sewer Funding (Transfer In) 2651000 Met Council - easement/grant Grants - Private Foundations Donations - general 989 Donations - benches T -in - Storm Sewer for Cottageville Park Total Revenues 2,372,489 216921475 1,593,322 461,066 620,488, 312,148 3051012 3061963 Expenditures: C.I.P. Projects 843,300 1,866,500 4903000 6913500 3503000 40,000 1005000 Cottageville Property Acquisition Cottageville Park Playground Cottageville Park House Demo � Cottageville Park Improvements 450,000 Cottageville Park Pavilion 3805000 Bond Payment Contribution (2015 Bonds) 101000 101000 101000 101000 101000 101000 101000 Bond Payment Contribution (2016 Bonds) 951000 901000 903000 901000 901000 901000 Bond Payment Contribution (2017 Bonds) 1003000 1001000 1001000 1001000 1001000 Skate Park commitment 7,000 7,000 7,000 - 7,000 7,000 Total Expenditures 212551248 112401300 1,978,500 1,147,000 8981500 550,000 2401000 3001000 Working Capital Year End 258,547 11710,722 113251544 6391610 361,598 123,746 188,759 195,722 2016 Projects 2019 Projects 20. PARK DEDICATION FUND PROJECTS 3801000 Cottageville Park - Pavilion 6001000 Pav Addition/Warming House 1051000 Valley Park - play equipment 301000 H Hopkins Park - Wrmg Hs 3201000 Valley Park - warming house 501000 H Hopkins Park - Lighting 201000 Valley Park - Lighting 11,500 Shady Oak Beach Improv 300000 Various Parks - drinking fountains 691,500 20, 3551000 Oakes Park - picnic shelter & warming house . 13,300 Shady Oak Beach Improvements 2020 Proiects 1,223,300 501000 Interlachen Park Lighting 201000 Central Park Tennis Courts 2017 Projects 2001000 Valley Park Picnic Shelters 116001000 Burnes Park Improvements 801000 Maetzold Field Pavilion 20 1001000 Hilltop Park - play equipment 3501000 163500 Shady Oak Beach Improvements 2021 Proiects 20, 1001000 Maetzold Field Play Equipment _ 40,000 Hilltop Picnic Shelter 501000 Interlachen PK - Portable Hockey Boards 401000 1,866,500 20 2018 Proiects 501000 Elmo Park 2-5 Play Equipment 100,000 Park Valley Play Equipment 401000 , Oakes Park and Cottageville Park court rehab 300,000 Central Park Pickleball Courts 450,000 Cottageville Park - Phase III 9401000