CR 97-216 Feasibility Report & Engineering Service Agreement 1998 Alley Reconstruction~ j V O
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November 24, 1997 ° v K~~ Council Report No. 97-216
FEAS28ILITY REPORT AND
ENGINEERING SERVICE AGREEMENT
1998 ALLEY RECONSTRUCTION
Proposed Action.
Staff recommends adoption of the following motion: Move that
Council adopt Resolution 97-115, Resolution Ordering Preparation
of Feasibility Report - 1998 Alley Reconstruction, and authorize
agreement with Bolton and Menk, Inc. for engineering services.
Overview.
The 1998 CIP identifies one alley for reconstruction. It is
located north of Mainstreet between the Hopkins Center for the
Arts and the US West Central Office. Staff proposes to have
Bolton and Menk, Inc. prepare a feasibility report and design of
this alley reconstruction. Bolton and Menk provided the site
survey work for the arts center and the alley design is an
extension of those past engineering efforts.
Primary Issues to Consider.
Existing, alley conditions
Need for feasibility report
Engineer's proposal
Suvportina Information.
Location map
Bolton and Menk proposal
Resolution 97-115
~'',''~_
Ja es Gessele
Engineering Superintendent
Council Report 97-216
November 24, 1997
Page 2
Analysis
~ Existing alley conditions
The current alley between the arts facility and US West is
deficient in design and condition. It is of bituminous
construction and has suffered under heavy construction traffic.
Temporary asphalt patches have been installed as a maintenance
measure until such time it is reconstructed. Storm drainage is
currently a problem because of minimal and critical grade.
~ Need for feasibility report
Where the City anticipates special assessments to fund all or
portions of public improvements, feasibility reports are a
mandatory procedure in the MS Chapter 429 process. Feasibility
reports provide detailed information as to costs and design
considerations. They also discuss potential assessment costs
and the City's share of the project cost.
Present policy calls for the City to assume a 20o share of the
reconstruction cost. Owners adjacent to the alley are US West
and the City of Hopkins.
~ Engineers proposal
Bolton and Menk has proposed consultant services from the
feasibility report stage through construction observation and
as-builts at a cost of about $6,900.00. This cost makes up
approximately 250 of a projected $26,000 construction project.
Bolton and Menk has a good record in various Hopkins'
improvement projects and comes well regarded. Alley projects
are usually designed and administered in-house. Staff feels it
needs to free up personnel time to facilitate GIS
implementation over the coming winter months. Staff recommends
approval of the BMI proposal.
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AGREEMENT FOR PROFESSIONAL SERVICES
1998 ALLEY RECONSTRUCTION IMPROVEMENTS
CITY OF I~OPKINS, MINNESOTA
This Agreement, made this - day of ,19", by and between the City of Hopkins,1010 First
Street South, Hopkins, Minnesota, 55343-7573, hereinafter referred to as CLIENT, and BOLTON
& MENK, INC., 1515 E. Hwy 13, Burnsville, MN, 55337, hereinafter referred to as
CON5ULTAI3T.
WITNESS, whereas the CLIENT requires professional engineering services in conjunction with
1998 Alley Improvements. The proposed improvements include alley reconstruction between 11th
Avenue and 12th Avenue, one-half block north of Main Street in the City of Hopkins.
And whereas the CONSULTANT agrees to furnish the various professional engineering services
required by the CLIENT.
NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties
hereto, it is agreed:
SECTION I -CONSULTANT'S SERVICES
A. The CONSULTANT agrees to perfonn the various Basic Services in connection with the
proposed project as described in Exhibit I.
B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as
described in Exhibit I or as described in Paragraph IV.B.
TC97.0210 Page 1 of 8 November10,1997
SECTION LI - THB CLIENT`S RESPONSIBILITIES
A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section
III of this Agreement.
B. The CLIENT shall place any and all previously acquired information in its custody at the
disposal of the CONSULTANT for its use. Such information shall include but shall not be
limited to boundary surveys, topographic surveys, preliminary sketch plan layouts, building
plans, soil surveys, abstracts, deed descriptions, file maps and layouts, aerial photos, utility
agreements, environmental reviews, zoning limitations. The CONSULTANT may rely upon
the accuracy and sufficiency of all such information in performing services.
C. The CLIENT will guarantee access to and make all provisions for entry upon both public and
private portions of the project and pertinent adjoining properties.
D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT
observes or otherwise becomes aware of any defect in the proposed project.
E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with
respect to services to be rendered under this Agreement. Said representative shall have the
authority to transmit instructions, receive instructions, receive information, interpret and
define the CLIENT'S policies with respect to the project and CONSULTANT'S services.
F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance
counseling services as may be required for completion of the consultant services described
in this agreement.
G. The CLIENT will obtain any and all regulatory permits required for the proper and legal
execution of the project.
H. The CLIENT will hire, when requested by the CONSULTANT, an independent test
company to perform laboratory and material testing services, and soil investigation that can
be justified for the proper design and construction of the project. The CONSULTANT shall
assist the CLIENT in selecting a testing company.
TC97.0210 Page 2 of 8 November 10,1997
SECTION III -COMPENSATION FOR SERVICES
A.
1.
FEES
The CLIENT will compensate the CONSULTANT in accordance with the following
schedule of fees for the time actually spent in performance of Agreement services.
SCHEDULE OF FEES
Principal Engineer/Land Surveyor .......................... $85-110/Hour
Associate Engineer/Land Surveyor ........ .................. $70-95/Ilour
Project/Design Engineer ................ .................. $45-75lllour
Licensed Land Surveyor ............ .................. $50-75/Hour
Senior Technician ..................... .................. $45-65/Ilour
Technician!Draftsperson ................ .................. $20-SSJHour
Clerical .............................. .................. $20-40/Hour
AutoCAD/Computer Time ............... .................... No Charge
Office Supplies ........................ .................... No Chazge
Photo Copying/Reproduction (In house) .... .................... No Chazge
Field Supplies/Survey Stakes and Equipment .................... No Chazge
Mileage ............................. .................... No Chazge
2. Total cost for the services itemized under Section I.A (Basic Fee) shall be completed at our
regular hourly rates for the time worked (A-G) and not-to-exceed the following costs for A
and C only:
A. Topographic Survey - $750.00
If existing monumentation is unavailable, additional work to establish right-of--way location
will be completed at a 2-person crew rate of $80/Hour (estimated at 4 hours, or $320).
B.
C.
D.
E.
F.
G.
Reseazch Design Alternatives-
Plans and Specifications -
Construction Staking -
Construction Observation -
Construction Administration -
As-Builts -
$ 80.00/Hr (Estimated @$320.00 for 4 hours)
$2800.00
$75-$85lHr.(Estimated @ $650.00 for 8 hours)
$45/Hr.(Estimated @ $900.00 for 20 hours)
$80/Hr. (Estimated @ $640.00.for 8 hours)
$ 500.00
TC97.0210 Page 3 of 8 Novem6ec10,1997
3. In addition to the foregoing, CONSULTANT shall be reimbursed at cost plus an overhead
fee (not-to-exceed 15%) for the following Duect Expenses when incurred in the performance
of the work.
a. Owner approved outside professional and technical services.
b. Special reproduction and reprographic charges.
c. Expendable field supplies and special field equipment rental.
d. Other acceptable costs for such additional items and services as may be required by
the CLIENT to fut&11 the terms of this Agreement.
4. Additional services as outlined in Section I.B will vary depending upon project conditions
and will be billed on an hourly basis at the rate described in Section III.A.1.
B. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals
not more often than monthly at the herein rates.
TC97.0210 Page 4 of 8 November 10,1997
SECTION IV -GENERAL
A. 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 of the Consultant's profession currently
practicing under similar conditions. No warranty, express or implied, is made.
B. CHANGE IN PROJECT SCOPE.
In the event the CLIENT changes or is required to change the scope of the project from that
described inSection Iand/or the applicable addendum, and such changes require Additional Services
by the CONSULTANT, the CONSULTANT shall be entitled to additional compensation at the
applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional
Services, prior to furnishing such additional services. The CLIENT may request an estimate of
additional cost from the CONSULTANT, and the CONSULTANT shall fiunish such, prior to
authorizing the changed scope of work.
C. LIIVIITATION OF LIABILITY.
To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement,
the total liability in the aggregate, of CONSULTANT and CONSULTANT'S officers, drrectors,
partners, employees, agents and subconsultants, and any of them, to CLIENT and anyone claiming
by, through or under CLIENT, for any and all claims, losses, costs or damages whatsoever arising
out of, resulting from or in any way related to the Project or the Agreement from any cause or
causes, including but not limited to the negligence, professional errors or omissions, strict liability
or breach of contract or warranty, express or implied, of CONSULTANT or CONSULTANT'S
officers, directors, partners, employees, agents or subconsultants or any of them, shall not exceed
the total compensation received by CONSULTANT under this Agreement or the total amount of
$6500.00, whichever is greater.
D. CONSTRUCTION SERVICES.
It is agreed that the CONSULTANT and its representatives shall not be responsible for the means,
methods, techniques, schedules or procedures of construction selected by the contractor or the safety
precautions or programs incident to the work of the contractor.
TC97.0210 Page 5 of 8 November 10,1997
E. INSURANCE.
The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's
compensation coverage.
The CONSULTANT also agrees to maintain such general liability insurance for claims arising for
bodily injury, death or property damage which may arise from the negligent performance by the
CONSULTANT or its employees of its day-to-day general business activities (such as automobile
use) and exclusive of the performance of the professional services described in this Agreement.
F. REUSE OF DOCUMENTS.
All documents including Drawings and Specifications prepared or famished by CONSULTANT
pursuant to this Agreement are instruments of service in respect ofthe Project and CONSULTANT
shall retain exclusive ownership and property interest therein whether or not the Project is
completed. The CONSULTANT shall be deemed the author of these documents and shall retain all
common law, statutory and other reserved rights including the copyright. CLIENT may make and
retain copies for information and reference in connection with the use and occupancy of the Project
by CLIENT and others; however, such documents are not intended or represented to be suitable for
reuse by CLIENT or others on extensions of the Projector on any other project. Any reuse without
written verification or adaptation by CONSULTANT for the specific purpose intended will be at
CLIENT'S sole risk and without liability or legal exposure to CONSULTANT and CLIENT shall
indemnify, defend andholdhamiless CONSULTANT from all claims, damages, losses and expenses
including attorney's fees azising out of or resulting therefrom. Any such verification or adaptation
will entitle CONSULTANT to further compensation at rates to be agreed upon by CLIENT and
CONSULTANT.
G. OPINIONS OR ESTIMATES OF CONSTRUCTION COST.
Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of
construction cost will generally be based upon public construction cost information. Since the
CONSULTANT 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 no warranty or guarantee as to the accuracy of
construction cost opinions or estimates is made. The CLIENT agrees that costs for project financing
shall be based upon actual, competitive bid prices with reasonable contingencies.
H. PAYMENTS.
If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty
days after date of the CONSULTANT'S invoice, a service charge of one and one-half percent
(1.5%) per month or the maximum rate permitted by law, whichever is less, will be charged on any
unpaid balance. In addition, CONSULTANT may, after giving seven days' written notice to
TC97.0210 Page 6 of 8 November10,1997
CLIENT, suspend services under this Agreement until CONSULTANT has been paid in full all
amounts due for services, expenses and charges.
I. TERMINATION.
This Agreement may be terminated by either party for any reason or for convenience by either party
upon seven (7) days written notice.
In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of
amounts due and owing including payment for services performed or fiunished to the date and time
of termination, computed in accordance with Section III of this Agreement.
J. CONTINGENT FEE.
The CONSULTANT warants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract,
and that it has not paid or agreed to pay any company or person, other than a bona fide employee,
any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from award or making of this Agreement.
K NON-DISCRIMINATION.
The provisions of any applicable law or ordinance relating to civil rights and discrimination shall
be considered part of this Agreement as if fully set forth herein.
L. CONTROLLING LAW.
This Agreement is to be governed by the law of the principal place of business of CONSULTANT.
M. SURVIVAL
All obligations, representations and provisions made in or given in Section IV of this Agreement will
survive the completion of all services of the CONSULTANT under this Agreement or the
termination of this Agreement for any reason.
N. SEVERABILITY
Any provision or part of the Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONSULTANT, who agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
TC97.0210 Page 7 of 8 November 10,1997
SECTION V -SIGNATURES
THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms,
conditions or obligation referring to the subject matter other than contained herein. This Agreement
may only be amended, supplemented, modified or canceled by a duly executed written instrument
signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their
behalf.
CLIENT: CITY OF HOPKII3S CONSULTANT: BOLTON & MENK, INC.
TC97.0210 Page 8 of 8 November 10,1997
CITY OF HOPRINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO 97-115
RESOLUTION ORDERING THE PREPARATION OF FEASIBILITY REPORT
1998 ALLEY RECONSTRUCTION PROJECT
WHEREAS, the alley bounded by City of Hopkins and US West
property between 11thf12th Avenues North is deemed to be in
deteriorated condition, and
WHEREAS, city staff is requesting that the alley be upgraded
under the current assessment policy even though no petition for
the upgrade has been submitted, and
WHEREAS, the first step in the assessment procedure is the
ordering of a feasibility report.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Hopkins, Minnesota, that the proposed improvements be
referred to the firm of Bolton and Menk, Tnc. for study and that
they be instructed to report to the Council with all convenient
speed advising the Council in a preliminary way as to whether the
proposed improvement is feasible and as to whether it should best
be made as proposed or in connection with some other improvement,
and the estimated cost of the improvement as recommended.
Adopted by the City Council of the City of Hopkins, Minnesota,
this 2nd day of December 1997.
Charles D. Redepenning, Mayor
Attest:
Terry Obermaier, City Clerk