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CR 01-70 Approve Construction Oberservation Agreement C\IY OF - May 29,2001 HOPKINS Council Report 2001-70 Approve Construction Observation Agreement - 10th Ave. S./sth St. S. & 6th St. S. Intersection / Supervalu Perishable Warehouse Offsite Improvements - City Project 01-02 Proposed Action. Staff recommends adoption of the following motion: Move that Council authorize the Public Works Director to enter into an aoreement with Bolton & Menk. Inc.. for construction observation services pertainino to City Proiect 01-02. 10th Ave. S. /5th St. S. & 6th St. S. Intersection / SuperValu Perishable Warehouse Offsite Improvements. Overview. On August 2, 2000 the Hopkins City Council approved a Conditional Use Permit (CUPOO-2) for SuperValu. As a part of the CUP agreement, SuperValu is to design and construct offsite improvements along various streets bordering their perishable warehouse development site. In addition, the CUP stipulates that SuperValu is to construct all offsite improvements to City construction standards which will be inspected by an approved City consultant. All out of pocket costs incurred by the City for construction observation/inspection services is to be reimbursed to the City by the Developer per the CUP agreement. After both the City and Supervalu considered approved consultant proposals, Bolton & Menk, Inc. was chosen to provide construction observation services for this project. Staff is now requesting and recommending formal City approval of the construction observation services agreement with Bolton & Menk, Inc. Primary Issues to Consider. . Construction Observation Services . Recommendation Supportino Information. . Consultant Proposal . Conditional Use Permit (Not Attached) ~f!Jr Steven G. Bot, Assistant City Engineer Financial Impact: $ N/A Budgeted: Y/N N/A Source: N/A Related Documents (CIP, ERP, etc.): CUP Aqreement Notes: As a part of the CUP Aqreement. the Developer has aqreed to reimburse the City for all construction observation/inspection expenses. Council Report 2001-70 Page 2 Analysis: . Construction Observation Services Bolton & Menk has consistently performed quality construction observation with the best interest of the City in mind. City staff is confident that this high level of performance will continue throughout this project. . Recommendation Staff has reviewed the Bolton & Menk construction observation services proposal and finds that they meet the needs of the City. They II are fair and reasonable in cost and perform a high quality s~rvice to the City. Staff recommends approval of the agreement. SOLTON &IVIENK, INC. Consulting Engineers & Surveyors 1515 East Highway 13 · Burnsville, MN 55337-6857 Phone (952) 890-0509 FAX (952) 890-8065 April 16, 2001 Mr. Steve Stadler, P.E. Public Works Director 1010 First Street South Hopkins, MN 55343 Re: Agreement for Construction Observation Services Supervalu~ Offsite Improvements City of Hopkins, MN BMI Project No. T15.20565 Dear Mr. Stadler: In conjunction with our 4/3/01 proposal to Design Services Group for Supervalu~, we offer this Agreement for professional construction observation services for the SupervaluF offsite public infrastructure improvements. Included in this Agreement are the scope of work and the proposed fees for these construction observation services. Scope of Work Bolton & Menk, Inc. (BMI) will provide full time construction observation services for theoffsite public infrastructure improvements associated with the Supervalul site improvements. These improvements include the construction of a left-turn lane along Excelsior Boulevard at 5th Avenue, the construction of trails along 3rd Street South and 11 thA venue South, and the realignments of 5th Street South and 6th Street South. Our understanding of these improvements is based on preliminary plans furnished to us by Design Services Group. The allotted construction time frame for these improvements is between late May. and December 31, 2001. Estimate of Fees We propose to provide full-time professional construction observation services for this project at an hourly rate of $55.00. If requested, construction. administration services including newsletters, council reports, pay estimates, etc. can be provided at an hourly rateof$85.00. . Page 1 of 2 MANKA TO · FAIRMONT · SLEEPY EYE · BURNSVILLE · WILLMAR AMES, IA · UBERTY, MO An Equal Opportunity Employer Attached as a part of this Agreement are our Tenns of Proposal. . If you find this Agreement acceptable, please sign both copies and return one to our office. Thank you for allowing Bolton & Menk, Inc. to be of service to you and the City of Hopkins. Sincerely, BOLTON & MENK, INC. ~aAUvI- II !ttVfM~ Marcus A. Thomas, P .E. Associate Engineer Accepted By: City of Hopkins Printed Name: Page 2 of 2 .--" "' ~ Version 11-30-98 . Terms of Proposal Bolton & Menk, Inc. The accompanying Proposal (hereinafter referred to as "Proposal") is subject to the following terms and conditions. These Terms of Proposal (hereinafter referred to as "Terms") are an integral part of the Proposal as if stated directly therein. No change or deviation from these Terms will be binding without the written approval of Bolton & Menk, Inc. (BMI). Such changes may require an adjustment in the proposed fee, schedule or scope of the Proposal. " A. Services: BMI proposes to perform the services outlined in the Proposal for the stated fee arrangement. Changes required by the Client or other controlling entities (regulatory agencies, contractors, courts, etc.) from the scope or schedule of services described in the Proposal shall be considered "Additional Services" and will be invoiced on an hourly basis in addition to the. stated fee arrangement. B. Information from Client: Unless otherwise stated, Client agrees to provide BMI with all site infonnation necessary to complete the proposed services. This information should include current site property descriptions (from abstract, title opinion or title commitment); other legal documents affecting the site; copies of previous surveys, maps, engineering studies and plans; existing or required soils and geotechnical reports; governmental, regulatory and utility reviews and determinations; and 'all other pertinent information. Client shall promptly inform BMI of any alleged defects in services provided or the project. C. Access to Site: Unless otherwise stated, Client agrees to provide BMI with access to the site, including adjoining properties, for activities necessary for the performance of services. It is understood that in the nonnal course of work, property damage may occur due to excavations, tree and brush trimming, marking lines, etc. The cost to correct resulting damages has not been inchided in the fee. BMI will take precautions to minimize damage due to these activities and the Client agrees to reimburse BMI for any costs associated with required restoration work. D. Standard of Care: Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members ofBMI's profession currently practicing under similar conditions. BMI makes no expressed or implied warranty with respect to its undertakings described herein. E. Certifications: Any certification provided by BMI is a professional opinion based upon lmowledge, information and beliefs available to BMI at the time of certification. Such certifications are not intended as and shall not be construed as a guarantee or warranty. BMI shall not be required to certify the existence of conditions whose existence BMI cannot reasonably ascertain. F Project Approvals: Due to site limitations, code interpretations, regulatory reviews, political considerations and Client directed design and improvements, BMI makes no representations as to acceptability or approvability of the project; or, zoning requests, permit applications, site and development plans, plats and similar documents. . Payment of fees to BMI is not contingent upon project approval. G. Opinions or Estimates of Project Costs: Where included as part of project scope or otherwise, opinions or estimates of project cost will generally be based upon public construction costinfonnation. Since BMI has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the Client and BMI does not warrant or guarantee the accuracy of construction cost opinions or estimates. Project financing should be based upon actual, contracted construction costs with appropriate contingencies . Page 1 of2 - Terms of Proposal :...,. Version 11-30-98 . Terms of Proposal Bolton & Menk,Inc. (Continued) H. Construction Phase Services: If construction phase engineeriIig or staking services are included in this Proposal or subsequntly authorized, Client is notified that BMI is not be responsible for means, methods, techniques or procedures of construction selected by any contractor employed on the project nor for the safety precautions or programs incident to the work of any contractor. L Ownership and Alteration of Documents: All documents, including reports, specifications, drawings, field data, notes and documents or electronic media prepared or furnished by BMI under this agreement shall remain the property ofBMI. The Client may make and retain copies for its use in connection' with this project However, such documents are not intended for reuse by the Client on any other project or alteration of the pr9jeet by others without the written consent of BMI. Electronic media may be furnished for convenience of Client; however, only signed and certified hard copies of submittals may be relied upon as documentation of professional services provided. J. Billings and Payments: Invoices for BMI's services shall be submitted, at BMI's option, either monthly or upon completion of services. Invoices are due and payable within 30 days after the invoice date. If the invoice is not paid within 30 days, BMI may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance .of its services. K. Late Payments: Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of I... 5 % on the unpaid balance. If any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. L. Termination of Services: ThiS agreement may be terminated, upon written notice, by the Client or BMI should the other fail to perform. its obligations hereunder. In the event of termination, the Client sball pay BMI for services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. M. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and BMI, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, BMI's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claimed expenses arising out of the performance of this agreement from any cause or causes, shall not exceed S J5t DOC . Such claims include, b~t are not limited to, Bl\fi's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty, if any. . N. Dispute Resolution: Any claims or disputes made during or after the performance of services betv{een BMI and the Client, with the exception of claims by BMI for non-payment of services rendered, shall.be submitted to mediation and/or arbitration. This Proposal anticipates that BMI and the Client will include a similar requirement in all agreements with contractors, sub-contractors, suppliers, consultants and fabricators concenied with this project. o. Withdrawal of Proposal: This Proposal constitutes a non-binding offer to perform. services and BMI reserves the right to withdraw or modify this Proposal, without liability to the Client, at any time prior to receipt of written . acceptance from the Client and execution of a signed agreement in accordance with Paragraph P. P. Agreement: If the Proposal is accepted, the Client and BMI may enter into .and execute an Agreement incorporating the Proposal, these Terms and such additional terms and conditions as may be mutually acceptable to BMI and Client. Upon request by the Client, BMI may, at its sole discretion and for the benefit of the Client, proceed with any proposed services prior to execution of a written agreement In the absence of a executed written agreement, the accompanying Proposal and these Terms of Proposal shall constitute the whole and coniplete agreement between BMI and the Client. . Page 2 of2 - Terms of Proposal