CR 98-45 Approve Engineering Service Agreement Reconstruct Sanitary Sewer Lift Station 6March 12, 1998
Proposed Action.
P K X
Supporting Information.
• Engineering Services Agreement
• CIP Project sheep (S4 -1)
Steven J. Stadler, Public Works Director
Council Report 98 -045
Approve Engineering Services Agreement -
Reconstruct Sanitary Sewer Lift Station #6
Staff recommends adoption of the following motion: Move that Council authorize the
City Manager to enter into an agreement with RLK - Kuusisto Ltd. for engineering
services related to Lift Station #6 reconstruction.
Overview.
Lift Station #6 is located on the north side of Excelsior Boulevard just west of Blake
Road. The station is in need of reconstruction. It is a substandard wet well/dry well
confined space design in generally poor condition with obsolete equipment components.
The current CIP includes this project with 1998 engineering design and 1999
construction. The funding source is the sanitary sewer utility fund. Depending on the
location of the reconstructed lift station, the project will be done either prior to or during
Excelsior Blvd reconstruction.
Primary Issues to Consider.
• Consultant selection process
Staff solicited and received three consultant proposals. The proposals were reviewed for
project understanding, project team qualifications, and cost. Based on these criteria and
a competitive fee, staff selected RLK- Kuusisito.
• RLK - Kuusisto proposal
RLK- Kuusisito proposes to complete preliminary design, final design, and construction
services for a total fee of $16,940.00
• Staff recommendation
Staff recommends approval° of the RLK-Kuusisto proposal and engineering services
agreement
RLK
KUUSISTO LTD
. March 3, 1998
et ,off
Honorable City Council
City of Hopkins
1010 First Street South
Hopkins, MN 55343
Re: . Letter Agreement for Engineering Services
Excelsior Boulevard Utilities Improvement
RLK - Kuusisto Project No. 98169S
Dear Council Members:
CIVIL ENGINEERING • LANDSJRVEY • CONSTRUCTION MANAGEMENT
LANDSCAPE ARCHITECTURE • ENVIRONMENTAL• PLANNING &DESIGN • TRANSPORTATION
We propose to render professional engineering services in connection with the above noted project (hereinafter called Project
Nd. 981695): Our services as proposed will include a Feasibility Study and Preliminary Design, Final Design Phase,
Construction Phase, and Operational Phase Services, all as set forth in the General Provisions which are attached to, and made
. a part of, this agreement. -
This letter does not include any services for the watermain project as proposed. However, these services, if necessary, can be
added under Section 2 of the General Provisions, with an Exhibit for additional clarification.
•
The following schedule of fees for Engineering Services shall apply. The schedule is separated into four parts; Feasibility
Study and Preliminary Design, Final Design Phase Services, Construction Administration, Project Representative and Staking
Services, and Operational Phase Services.
PHASE 1— FEASIBILITY STUDY AND PRELIMINARY DESIGN
Upon authorisation from the OWNER, we would prepare and present a feasibility study setting forth. ENGINEER'S
• , findings and recommendations. The report shall provide for an analysis of the OWNER'S needs with conceptual
design criteria and alternative solutions together with an opinion of probable Total Project costs:
For this work we would be paid the lump sum fee of $2,260.00.
Compensation for Engineering Services provided for Feasibility Study and Preliminary Design Phase will be due in
full upon completion and submittal of the Report to the OWNER.
PHASE 2 — FINAL DESIGN PHASE SERVICES
Upon authorization from the OWNER, we would prepare working plans and specifications in sufficient detail to
enable contractors to make an informed bid and to carry out the construction work to complete the contact as
contemplated. We would also aid in the receiving of bids from Contractors and in awarding of construction contracts
for the project. This will include preparation of the Advertisement for Bids.
Compensation for Engineering Services provided for the Design Phase shall be lump sum fee of $7,220.00.
Offices: Hibbing • Minnetonka • St. Paul • TWin Ports
(612) 454 -4554 • 2060 Centre Point Boulevard • Suite 1 • Mendota Heights, MN 55120 • FAX (612) 454 -4608
Payment for Final Design Phase Services will be due in full upon completion and submittal of the Plans and
Specifications to the OWNER -
PHASE 3 - CONSTRUCTION ADMINISTRATION, PROJECT REPRESENTATIVE AND STAKING SERVICES
Upon successful award of construction contracts, we would provide, according to your authorization and instructions,
construction administration services, construction staking, and periodic construction observation.
For this work we would be paid on a hourly rate in accordance with the attached Professional Services Rate Sheet.
The estimated costs for this work are $7,460.00.
The ENGINEER will render to OWNER for such services an itemized bill, once each month, for services performed
hereunder during such period, the same due and payable by the OWNER to the ENGINEER within 30 days of
submittal.
PRASE 4 - OPERATIONAL PHASE SERVICES
During the one year warranty period for the project we will provide engineering services and consultations as
requested by OWNER -
For this work we would be paid on the hourly rate basis in accordance with the attached Professional Services Rate
Sheet.
The ENGINEER will render to OWNER for such services an itemized bill, once each month, for services performed
hereunder during such period, the same due and payable by the OWNER to the ENGINEER within 30 days of
submittal. _
Services are to be rendered in the customary which are set forth in the General Provisions, Exhibit A, and Exhibit B
attached to and made a part of this agreement. We' would expect to start our services promptly after receipt of your acceptance
of this proposal. The time periods for the performance of our services are set forth in Exhibit A to the General Provisions.
We are pleased to present this proposal to the City of Hopkins, upon its being accepted by the Owner and signatures of the duly
authorized officials affixed hereto.
Respectfully submitted,
RLK - K9U SISTO, LTD.
eth J Reber, P.E.
jw /mh
Accepted this __ day of , 19
By
Title:
For: The City of Hopkins
Professional Engineering Services Agreement
Attached to and made a part of LETTER AGREEMENT, dated March 3, 1998 between the City of Hopkins (OWNER.) and
RLK - Kuusisto, Ltd. (ENGINEER) in respect of the Project described therein.
SECTION 1- BASIC SERVICES OF ENGINEER
1.1. General.
GENERAL PROVISIONS
ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which
this Agreement applies as hereinafter provided. These services will include serving as OWNER's
professional engineering representative for the Project, providing professional engineering consultation and
advice and furnishing customary civil engineering services incidental thereto.
1.2. Feasibility Study and Preliminary Design Phase.
After written authorization to proceed, ENGINEER shall:
1.2.1. Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data.
1.2.2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others data or services
necessary for the study, and assist OWNER in obtaining such data and services.
1.2.3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of
the Project and participate in consultations with such authorities.
1.2.4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of
prospective solutions.
1.23. Provide a general economic analysis of OWNER's requirements applicable to various alternatives.
1.2.6. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate
exhibits to indicate clearly the considerations involved and the alternative solutions available to OWNER and
setting forth ENGINEER'S findings and recommendations. This study will be accompanied by ENGINEER'S
opinion of probable costs for the Project.
1.2.7. Furnish five copies of the Study and Preliminary Design documents and review them in person with OWNER.
The duties and responsibilities of ENGINEER during the Feasibility Study and preliminary Design Phase are amended and
supplemented as indicated in Exhibit A "Further Descriptions of Basic Engineering Services and Related Matters ".
1.3. Design Phase.
After written authorization to proceed with the Design Phase, ENGINEER shall:
1.3.1. In consultation with OWNER and on the basis of the accepted Study and Report documents, determine the
general scope, extent and character of the Project.
General Provisions - 1
1.3.2. Perform necessary design surveys, accomplish detailed design of the project, prepare construction drawings,
specifications, and contract documents to show the general scope, extent, and character of the work to be
furnished and performed by Contractor(s).
1.3.3. Work closely with OWNER and necessary regulatory agencies in securing all permits and approvals required
for the project.
1.3.4. Assist OWNER in advertising for and obtaining bids, prepare the bid tabulation, and assist OWNER in
evaluating and awarding contracts for construction services.
1.3.5. Furnish five copies of the above documents and present and review them in person with OWNER.
The duties and responsibilities of ENGINEER during the Design Phase are amended and supplemented as indicated in Exhibit
A "Further Description of Basic Engineering Services and Related Matters ".
1.4. Construction Phase.
During the Construction Phase:
1.4.1. CONSTRUCTION ADMINISTRATION - The ENGINEER shall provide General Administration of the
Construction Contract as OWNER'S representative, including;
a. Provision of necessary interpretations and clarifications of the Contract Documents.
b. Make recommendations for, and preparation of partial pay requests and change orders as required.
c. Review and approve of any necessary shop drawings furnished by Contractor for conformance with
the design concept and compliance with the information given in the Contract Documents.
d. ENGINEER shall make periodic visits to the project site at intervals appropriate to the various stages
of construction to observe the progress and general conformance of the Contractor(s) work.
e. ENGINEER shall make review of Contractor(s) work to determine if the work is substantially
complete and make final review to determine if the work is acceptable. ENGINEER shall submit
a statement of completion of all construction, give written notice to OWNER and Contractor(s) that
the work is acceptable, and recommend final payment(s) to Contractor(s).
1.4.2. CONSTRUCTION STAKING SERVICES - The ENGINEER shall provide construction staking services to
establish baselines for locating the work together with a suitable number of benchmarks adjacent to the work.
1.4.3. PROJECT REPRESENTATIVE - The ENGINEER shall provide the services of a Resident Project
Representative (RPR), assistants and other field staff at the site to assist ENGINEER and to provide more
continuous observation of the Contractor(s) work. The RPR(S) will be ENGINEER'S agent(s) or
employee(s) at the site and will act as directed by and under the supervision of ENGINEER.
1.4.4. RECORD DRAWINGS - The ENGINEER will provide OWNER with one set of reproducible record (as-
built) drawings. Such drawings will be based upon construction records provided by the Contractor during
construction.
General Provisions - 2
The duties and responsibilities of ENGINEER during the Construction Phase are amended and supplemented as indicated in
Exhibit A. " Further Descriptions of Basic Engineering Services and Related Matters."
1.5 Operational Phase.
During Operational Phase:
1.5.1. ENGINEER shall be available to furnish engineering services and consultations as requested by OWNER
to correct unforeseen project operational difficulties for a period of one year after the date of statement of
substantial completion of the Project. This service will include instructions of the OWNER in initial project
operation and maintenance but will not include supervision of normal operation of the system. The
ENGINEER will assist the OWNER in performing a review of the project during the eleventh month after
the date of the certificate of substantial completion.
The duties and responsibilities of ENGINEER during the Operational Phase are amended and supplemented as indicated in
Exhibit A "Further Description of Basic Engineering Services and Related Matters."
SECTION 2 - ADDITIONAL SERVICES OF ENGINEER
2.1. Normal and customary engineering services do not include service in respect of the following categories of work which
are usually referred to as Additional Services.
2.1.1. If authorized by OWNER, ENGINEER shall furnish Additional Services which are in addition to Basic
Services. As further Additional Services are requested and authorized by OWNER, this agreement will be
supplemented to describe them and to indicate method of compensation thereof, or, such services shall be
provided by separate agreement.
Preparation of applications and supporting documents for governmental financial support of the
Project in addition to those required under Basic Services; preparation or review of environmental
studies and related services; and assistance in obtaining environmental approvals.
Laboratory tests, well tests, borings, specialized geological, archeological, soils, hydraulics, or other
studies as recommended by the ENGINEER
Services resulting from significant changes in the general scope, extent or character of the Project
or major changes in documentation previously accepted by OWNER where changes are due to
causes beyond ENGINEER's control.
Property surveys, detailed description of sites, maps, drawing, or estimates related thereto; assistance
in negotiating for land and easement rights.
Detailed consideration of operations, maintenance and overhead expenses; value engineering and
the preparation of rate schedules, earnings and expense statements, cash flow and economic
evaluations, feasibility studies, appraisals and valuations.
Furnishing the services of independent professional associates or consultants for other than Basic
Services.
General Provisions - 3
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Preparing to serve or serving as a consultant or witness in any litigation, arbitration or other legal
1 or administrative proceeding except where required as part of Basic Services.
2.1.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall
perform or obtain from others any of the following Additional Services as circumstances require during
1 construction and without waiting for specific instruction from OWNER, and ENGINEER will be paid
therefore as provided in the Letter Agreement:
1 Services in connection with work directive changes and change orders to reflect to the changes
requested by OWNER.
Services in making revisions to Drawings and Specifications occasioned by the acceptance of
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substitutions proposed by Contractor(s); services after the award of each contract in evaluating and
determining the acceptability of an unreasonable or excessive number of substitutions proposed by
Contractor; and evaluating an unreasonable or extensive number of claims submitted by
1 Contractor(s) or others in connection with the work.
Services resulting from significant delays, changes or price increases occurring as a direct or indirect
1 result of material, equipment or energy shortages.
Additional or extended services during construction made necessary by (1) work damage by fire
or other causes during construction, (2) a significant amount of defective or neglected work of any
1 Contractor, (3) acceleration of the progress schedule involving services beyond normal working
hours, (4) default by any Contractor.
1 SECTION 3 - OWNER'S RESPONSIBILITIES
3d OWNER shall provide all criteria and full information as to OWNER's requirements for the Project designate a person
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to act with authority on OWNER's behalf in respect of all aspects of the Project; examine and respond promptly to
ENGINEER's submissions; and give prompt written notice to ENGINEER whenever OWNER observes or otherwise
becomes aware of any defect in the work.
1 3.2 OWNER shall also do the following and pay all costs incident thereto:
Furnish to ENGINEER borings, probings and subsurface explorations, hydrologic surveys, laboratory tests
and inspections of samples, materials and equipment; appropriate professional interpretations of all of the
foregoing; environmental assessment and impact statements; property, boundary, easement, right -of -way,
topographic and utility surveys; property descriptions; zoning and deed restrictions; all of which ENGINEER
' may rely upon in performing services hereunder.
Guarantee access to and make all provisions for ENGINEER and ENGINEER=S representatives to enter
1 upon public and private property.
Provide such legal, accounting, independent cost estimating and insurance counseling services as may be
required for the Project, and any auditing service required in respect of Contractor(s)' applications for
payment.
Provide engineering surveys to establish referenced points for construction.
1
General Provisions - 4
1
Furnish approvals and permits from all governmental authorities having jurisdiction over Project.
3.3 OWNER shall pay all costs incident to obtaining bids or proposals for Contractor(s).
SECTION 4 - GENERAL CONSIDERATIONS
4.1. Reuse of Documents.
All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGINEER's independent
professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the project and
ENGINEER shall retain an ownership and property interest therein whether or not the Project is completed. OWNER may
make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and
others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions
of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific
purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's
independent professional associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and
ENGINEER's independent professional associates and consultants from all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting therefrom.
4.2. Opinions of Costs.
Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the
Contractor(s) methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of
probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER's experience
and qualifications and represent ENGINEER's best judgement as an experienced and qualified professional ENGINEER,
familiar with the construction industry; but ENGINEER cannot and does not guarantee that proposals, bids or actual Total
Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER.
4.3. Other Provisions Concerning Payments.
If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of
ENGINEER's statement therefor, the amounts due ENGINEER will be increased at the rate of 1% per month from said thirtieth
day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this
Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges.
4.4. Termination.
The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written
notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of
the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered to the date of
termination, all reimbursable expenses and termination expenses.
4.5. Controlling Law.
This Agreement is to be governed by the law of the principal place of business of ENGINEER.
General Provisions - 5
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4.6. Successors and Assigns.
4.6.1. OWNER and ENGINEER each is hereby bound, and the partners, successors, executors, administrators,
assigns, and legal representatives of OWNER and ENGINEER are hereby bound to the other party to this
Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of
such other party, in respect of all covenants, agreements and obligations of this Agreement.
4.6.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in this
Agreement or any portion thereof, or obligations thereunder without the written consent of the other party.
Nothing contained in this paragraph shall prevent ENGINEER from employing such independent
professional associates and consultants as ENGINEER may deem appropriate to assist in the performance
of services hereunder.
4.6.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone
other than OWNER and ENGINEER..
4.7. Dispute Resolution.
4.7.1. The ENGINEER and the OWNER agree that all disputes between them arising out of or relating to this
Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise, thereby
providing for mediation as the primary method for dispute resolution between the parties to this Agreement.
4.7.2. In the event the parties to the Agreement are unable to reach a settlement of any dispute arising
out of the services under this Agreement, through nonbinding mediation, then such disputes shall be decided
by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association then obtaining.
4.7.3. Notice of demand for arbitration must be filed in writing with the other parties to this Agreement and with the
American Arbitration Association. The demand must be made within a reasonable time after the claim,
dispute or other matter in question has arisen. In no event may the demand for arbitration be made after
institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would
be barred by the applicable statute of limitations.
4.7.4. No arbitration arising out of, or relating to, this Agreement may include, by consolidation, joinder or in any
other manner, any person or entity who is not a party to this Agreement.
4.7.5. The award rendered by the arbitration will be final, judgement may be entered upon it in any court having
jurisdiction thereof.
4.8. Limitation of Liability.
In recognition of the relative risks and benefits of the project to both the OWNER and the ENGINEER, the risks have been
allocated such that the OWNER agrees, to the fullest extent permitted by law, to limit the liability of the ENGINEER and his
or her subconsultants to the ENGINEER and OWNER for any and all injuries, claims, losses, costs, and damages of any nature
whatsoever arising out of or in any way related to the project or this agreement from claims or expenses from any cause or
causes, so that the total aggregate liability of the ENGINEER and his or her subconsultant(s) shall not exceed the total sum paid
on behalf of or to the ENGINEER by ENGINEER'S insurer in settlement of or satisfaction of OWNER'S claims under the
terms and conditions of ENGINEER's professional insurance policies applicable thereto. ENGINEER'S claims and causes
include, but are not limited to, negligence, professional errors or omissions, strict liability, breach of contract or warranty.
General Provisions - 6
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SECTION 5 - SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
5.1. Special Provisions.
This Agreement is subject to the following special provisions.
5.1.1. None.
5.2. Exhibits and Schedules.
The following Exhibits are attached to and made a part of this Agreement:
5.2.1. Exhibit "A" to General Provisions consisting of 2 pages.
X 5.2.2. Exhibit `B" to General Provisions consisting of 3 pages.
5.3. This Agreement (consisting of General Provisions pages one (1) to seven (7), inclusive and Letter Agreement
consisting of pages one (1) to two (2), inclusive) together with the Exhibits identified above constitute the entire
agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. The Agreement
and said Exhibits and schedules may only be amended, supplemented, modified or canceled by a duly executed written
instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above
written.
ENGINEER
RLK - Kuusisto, Ltd.
By
Title
Date
P,?aer /%€
84444/ /PPS
City of Hopkins
By
Title
Date
General Provisions - 7
Location:
Lift Station 6 - 8456 Excelsior Boulevard
CATEGORY
Utilities
FUNDING
SOURCE
Sewer Fund SF
DESCRIPTION:
•
JUSTIFICATION:
1998
20,000
Lift Station 6:
Plans and Specifications
Bid & Construction
PROJECT TITLE
Lift Station Reconstruction
SCHEDULED PROJECT ACTIVITY
1999
110,000
Reconstruction and repair of Lift Station #6 ($130,000) - 1999
Work is scheduled to coincide with the proposed Excelsior Boulevard improvements.
Certain lift stations have been identified in need of reconstruction or repair. Various
reasons such as safety concerns, pumping capacity, condition and obsolete parts
contributed to this need.
CURRENT STATUS /PROJECTED SCHEDULE:
1998
1999
RELATIONSHIP TO EXISTING PLANS AND OTHER PROGRAMS:
2000
Consistent with Water and Sewer Master Plan approved in 1990.
2001
NUMBER
SA -1
2002
5 YEAR COST
$130,000
FUTURE.
41