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
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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
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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