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CR 98-07 Approve Engineering Services Agreement - Interlachen Park St ImprovementsDecember 31, 1997 Proposed Action. Overview. Primary Issues to Consider. Janis Gessele Engineering Superintendent Supporting Information. Consultant services agreement APPROVE ENGINEERING SERVICES AGREEMENT INTERLACHEN PARK STREET IMPROVEMENTS Council Report No, 98 -007 Staff recommends adoption of the following motion: Move that Council authorize the Mayor and City Manager to enter into an agreement with Bolton and Menk, Inc. on behalf of the City for engineering services related to Interlachen Park street improvements. Council conducted a public hearing at its December 16 meeting concerning street improvements in the Interlachen Park neighborhood and subsequently ordered a project. Staff delayed in taking action on a consultant services agreement until after that hearing and until a final project scope was identified. The consultant has drafted a proposal since that hearing and it is attached for Council approval. • Consultant selection process At the outset of this project four consultant proposals were received by staff with a view for understanding project requirements, company and individual qualifications, past record with City. Bolton and Menk scored the highest overall rating. Staff stands by that assessment through this planning and construction phase. • BMI's proposal Bolton and Menk proposes to offer plan /specification preparation, construction staking and inspection, project administration (including a construction newsletter), and record drawing preparation at a cost of $66,200.00. This proposed fee is approximately 16.6% of the estimated construction cost. • Staff recommendation Staff recommends approval of the BMI proposal and authorization of consultant services agreement 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 CONSULTANT. WITNESS, whereas the CLIENT requires professional services in conjunction with reconstruction of the 1998 Street and Utility Improvements (Interlachen Neighborhood, City Project No. 97 -12), including final design, and construction plans, staking, observation and administration,. The proposed improvements are described as follows: And whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: City of Hopkins TC97.0168 AGREEMENT FOR PROFESSIONAL SERVICES 1998 STREET AND UTILITY IMPROVEMENTS (INTERLACHEN NEIGHBORHOOD) PLANS, SPECIFICATIONS AND CONSTRUCTION PHASE CITY OF HOPKINS, MINNESOTA 1. Mill and overlay the following street sections: • Ashley Road, from Boyce Street to Excelsior Blvd; • Preston Lane, from Interlachen Road to Homedale Road; and 2. Reconstruct the following street sections, (including utility improvements): • Holly Road, from Spruce Street to Goodrich Street; and • Preston Lane, from Ashley Road to Interlachen Road. Page 1 of 13 December 18, 1997 A. The CONSULTANT agrees to perform 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 W.A. City of Hopkins TC97.0168 SECTION I - CONSULTANT'S SERVICES Page 2 of 13 c December 18, 1997 SECTION II - THE 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, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and 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. 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. Payment for testing services shall be made directly to the testing company by the CLIENT and is not part of this Agreement. City of Hopkins TC97.0168 Page 3 01 13 December 18, 1997 A. FEES City of Hopkins TC97.0168 SECTION III - COMPENSATION FOR SERVICES 1. The CLIENT will compensate the CONSULTANT in accordance with the following schedule of fees for the time actually spent in performance of Agreement services. A. Final Design - Plans and Specifications Bidding B. Construction Staking C. Construction Observation D. Construction Administration E. Close Out and As- Builts - Total Estimated Contract Costs - Schedule of Fees Classification Hourly Rates Principal Engineer/Land Surveyor $85- 110/Hour Associate Engineer/Land Surveyor $70- 95/Hour Project/Design Engineer $40- 75/Hour Licensed Land Surveyor $50- 75/Hour Senior Technician $45- 65/Hour Technician/Draftsperson $20- 55/Hour Clerical $20- 40/Hour 2. Total cost for the services itemized under Section I.A (Basic Fee) are indicated below. Items A, B and E are not -to- exceed costs. Items B, C and D are estimated costs. The final costs for items B, C and D will be determined by the needs of the Contractor estimated for a three month construction period. $ 8,000.00 $12,800 00 $ 1,000.00 $75 - $85 Hr.(Estimated @ $8,500.00) $50/Hr.(Estimated @ $25,900.00) $80/Hr. (Estimated @ $8,000.00) $2,000.00 $66,200.00 Charges will be based on actual hours spent at hourly rates in effect for the individuals performing the work. 3. In addition to the foregoing, CONSULTANT shall be reimbursed at cost plus an overhead fee (not -to- exceed 15 %) for the following Direct Expenses when incurred in the performance of the work. a. Owner approved outside professional and technical services. b. Special out -of -house reproduction and reprographic charges. Page 4 of 13 December 18, 1997 c. Expendable field supplies and special field equipment rental. d. Testing for construction materials. e. Other acceptable costs for such additional items and services as may be required by the CLIENT to fulfill 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. City of Hopkins TC97.o 168 Page 5 of 13 December 18, 1997 A. STANDARD OF CARE B. CHANGE IN PROJECT SCOPE. C. LIMITATION OF LIABILITY. D. CONSTRUCTION SERVICES. E. INSURANCE. City of Hopkins TC97.0168 SECTION IV - GENERAL 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. In the event the CLIENT changes or is required to change the scope of the project from that described in Section I and/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 furnish such, prior to authorizing the changed scope of work. 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, directors, 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 $66,200, whichever is greater. 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. The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage. Page 6 of 13 December 18, 1997 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 furnished by CONSULTANT pursuant to this Agreement are instruments of service in respect of the 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 Project or 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 and hold harmless CONSULTANT from all claims, damages, losses and expenses including attorney's fees arising 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 CLIENT, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. City of Hopkins TC97.o168 Page 7 of 13 December 18, 1997 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 furnished to the date and time of termination, computed in accordance with Section III of this Agreement. J. CONTINGENT FEE. The CONSULTANT warrants 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. City of Hopkins TC97.o168 Page 8 of 13 December 18, 1997 CLIENT: CITY OF HOPKINS City of Hopkins TC97.0168 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. CONSULTANT:BOLTON & MENK, INC. Page 9 of 13 December 18, 1997 I.A. BASIC SERVICES For purposes of this Project Basic Services to be provided by the CONSULTANT will be accomplished in four parts and are outlined as follows: 1. Plans and Specifications City of Hopkins TC97.0168 EXHIBIT I BASIC SERVICES BY CONSULTANT 1998 STREET AND UTILITY IMPROVEMENTS (INTERLACHEN NEIGHBORHOOD) CITY OF HOPKINS, MINNESOTA A. CONSULTANT will complete final plans, specifications and bidding documents and submit copies to the CLIENT for review and comment. B. As part of reports and other documents, CONSULTANT may furnish construction cost estimates as stated herein. Cost estimates will 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 shall be for general information of the CLIENT and no warranty or guarantee as to the accuracy of construction estimates is made. The CLIENT agrees that costs for project financing shall be based upon actual, competitive bid prices with reasonable contingencies. C. The CONSULTANT shall provide copies of the plans for use by the CLIENT in negotiating and obtaining easements and rights -of -way. D. The CONSULTANT shall prepare plans, specifications and proposal forms for use by bidders; assist in the preparation of advertisement for bids; and supply sufficient numbers of plan sets for distribution to bidders for which a charge to cover reproduction expenses and clerical time can be made by the CONSULTANT to plan holders. E. The CONSULTANT shall attend the public bid letting, tabulate unit price bid items and furnish tabulations to the CLIENT. Page 10 of 13 December 18, 1997 2. Construction Staking A. The CONSULTANT will perform construction staking, furnish necessary equipment and supplies to establish grades and line for the contractor's guidance in construction of this project and in accordance with the contract documents. City of Hopkins TC97.0168 B. Specifically, the CONSULTANT will provide the following staking services: 1) Centerline blue tops for subgrade and aggregate base - 100' stationing; 2) Storm sewer - manhole and catchbasin offsets with rim and inverts - pipe alignment and grades at 100' stationing; 3) Sanitary sewer and watermain - manhole offsets with rim and inverts - pipe alignment and grades at 100' stationing; 4) Limits of milling for overlay portion; and 5) Locations for new, permanent signing. All staking will be furnished on a one time basis. Any restaking and/or additional staking will be considered extra work. 3. Project Construction Observation CONSULTANT will provide construction observation services as required by the CLIENT. These duties are outlined as follows: • Attend preconstruction conference and other meetings required by CLIENT. • Actively confer with and update the CLIENT on construction activities and progress. • Act as a liaison between the Contractor and the CLIENT. • Verify that construction is proceeding in accordance with the plans and specifications. • Keep proper project documentation and furnish copies of such to the CLIENT, including: d A daily observation report recording hours on the job site, weather conditions, daily activities, construction progress, and general and specific observations concerning construction activities. d Cut Sheets d Survey Notes • Inspect all manholes and catchbasins to check for dirt and debris. • Order density testing at the frequency required by the specifications and meeting with the testing personnel to determine the on -site testing locations. • Take bituminous samples and deliver to testing firm for analysis. • Record as -built information in red ink on field plans, including: d Station all manholes and catchbasins, as well as their rim and invert elevations. d Pipe sizes and grades Page 11 of 13 December 18, 1997 I Vertical and horizontal roadway curve data. d Stationing and elevations at ends of curb and gutter. • Prepare a punch list of construction items needed to be completed or corrected by the Contractor. • Prepare quantity documentation and coordinate this information with the CLIENT for the preparation of monthly pay requests for construction work performed. • Complete documentation for construction and certify in writing that to the best of our knowledge, the improvements have been constructed in accordance with the plans and specifications. 4. Construction Administration City of Hopkins TC97.0168 The CONSULTANT will complete construction administration for the duration of the construction activities. This work is outlined as follows: • The CONSULTANT shall prepare, with the assistance of the CLIENT'S attorney and staff, the contract documents after award of contract. • The CONSULTANT shall attend and assist with the preconstruction conference to be attended by the CLIENT, contractors and any affected utility companies. • The CONSULTANT shall review, for conformance with design concept only, any • The CONSULTANT shall consult with and advise the CLIENT and act as the • shop drawings required to be furnished by the contractor. CLIENT'S construction representative as provided in the contract documents. The CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, sequences, schedules or procedures of construction selected by the contractor or the safety precautions or programs incidental to the work of the contractor. Page 12 of 13 December 18, 1997 5. As- Builts City of Hopkins TC97.0168 CONSULTANT will complete drafting of as -built plans based on redlines completed through the construction observation. CONSULTANT will furnish to the client a hard copy as well as a digital copy in MicroStation (dgn) format. I.B. ADDITIONAL SERVICES Consulting services performed other than those authorized under Section I A. shall be considered not part of the Contract Services and may be authorized by the CLIENT as additional services. Additional Services consist of those services which are not generally considered to be Contract Services; or exceed the requirements of the Contract Services; or are not definable prior to the commencement of the project; or vary depending on the technique, procedures or schedule of the project contractor. Additional services may consist of the following 1. COORDINATION OF FUNDING DOCUMENTATION, INCLUDING: a. Preparation of final assessment rolls and assessment computations for individual parcels, all from ownership information to be provided by the CLIENT. b. Preparation of periodic grant reimbursement requests and documentation related thereto. 2. ADDITIONAL EASEMENT & ACQUISITION SERVICES. Boundary and easement surveys for the purpose of describing project sites and easements (other than the new right - of -way), preparation of property descriptions (other than those described herein), site maps, assistance with eminent domain proceedings, court preparation and testimony. 3. CONSTRUCTION MATERIALS TESTING. Testing of construction materials for conformance to the construction contract documents. 4. All other services not specifically identified in Section I.A. or I.B. Page 13 of 13 December 18, 1997