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CR 94-151 Authorization Of Professional Service .,. "'\ Y n v /" ~ '~ . August 10/ 1994 ' 0 ~ Councll Report: 94-151 . P K \ AUTHORIZATION OF PROFESSIONAL SERVICES FOR IMPROVEMENT TO T.H. 7 NORTH FRONTAGE ROAD AT 12TH AVENUE Proposed Action. Staff recommends adoption of the following motion: "Move to authorize the Mayor and City Manager to enter into an agreement with Bolton and Menk, Ine. for Desiqn and Construction services to upqrade the T. H. 7 North Frontage Road at 12th Avenue at a cost estimated at $30,500.00." Overview. For many years this project was listed in the city/s Capital Improvement Plan as an unscheduled project due to the impacts it would have on School District Property. Staff recently determined that this project should not be postponed any longer due to the hazardous traffic conditions existing at this intersection, and therefore began working with the school district officials to resolve the impact issues. Approximately two months ago MnDOT gave the city preliminary approval on a site plan for improvements to this intersection. This site plan was then given to the school district to determine if their activities and parking ~arrangements could be modified to coincide with the improvements. School district officials recently informed the city that they will be able to work around the improvements, and that they strongly support them. primary Issues to Consider o How do the improvements affect the school district property? o What modifications is the school district planning to make to address the impacts? o What is the timing of this project? o What is MnDOT/s role in this project? Q How could this project be funded? supporting Information. o Analysis of Issues o Bolten and Menk Proposal ~7~~J~~ Lee Gusta sonl uhlic Works Director . . Council Report: 94-151 Page 2 e Analvsis of Issues o How do the improvements affect the school district property? The improvements proposed of this area include moving the frontage road to the north to allow more stacking room for vehicles at the intersection. Moving the road will result in the school district losing some of their overflow parking area as well as some of their main parking area. Approximately 100 parking stalls will be lost by this frontage road realignment. o What modifications is the school district planning to make to address the impacts? To offset the loss of parking stalls the school district is proposing to build a new 60 car parking lot east of their complex. They are also planning to use their new bus loading area for activity parking, when it is not being used for bus loading. The addition of these two parking areas will offset the parking that is lost when the frontage road is realigned. o What is the timing of this project? The school district and city staff would both like to see this project ... begin immediately after the 94-95 school season, and be completed .. prior to the beginning of the 95-96 school season. To meet this construction schedule the process must begin fairly soon. The first order of business would be to complete any necessary survey work and then prepare the construction plans. The next step would be to go through the long MnDOT review process. with any luck the project would be bid out in March and ready to construct after school is out. o What is MnDOT's role in this project? MnDOT will have a number of roles in this project if it proceeds forward. Their first role will be to approve the construction plans that the city submits to them. MnDOT approval is necessary to receive state Aid funding and to do work within their right of way. MnDOT's second role will be to assist the city in coordinating this project with the contractor they have retained to upgrade a number of their signal systems along T.H. 7 in Minnetonka, Hopkins, and st. Louis Park. Close coordination of both projects will keep the projects on schedule, and also save the city money by performing work under the state contract that is necessary for both projects. o How could this project be funded? It is presently proposed that all roadway work will be funded by the ci ty using funds from our state Aid street account. The school district has indicated that if the city pays for the street e construction, the school district would pay for their parking lot construction. The school district has also indicated that they would be giving the necessary right of way to the city at no cost. . ,. Ii . AGREEMENT FOR PROFESSIONAL SERVICES NORTH SERVICE DRIVE IMPROVEMENTS CITY OF HOPKINS, 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, BurnsviIIe, MN, 55337, hereinafter referred to as CONSULTANT. WITNESS, whereas the CLIENT requires professional services in conjunction with reconstruction of the North Service Drive including the intersection with 12th Avenue. 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: SECTION I - CONSULTAt'l"T'S SERVICES A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed project as described in Exhibit 1. B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described in Exhibit I or as described in Paragraph IV.A. Page 1 of 13 . e 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. 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 counselling 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. Page 2 of 13 . SECTION III ~ COMPENSATION FOR SERVICES e A. FEES 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. Schedule of Fees Classifica tion Hourlv Rates Principal Engineer;Land Surveyor $75.00 to $100.00 Associate Engineer;Land Surveyor $60.00 to $75.00 Project;Design Engineer $40.00 to $60.00 Licensed Land Surveyor $50.00 to $60.00 Senior Technician $40.00 to $60.00 T e c hni cian;Drafts perso n $20.00 to $40.00 Clerical $20.00 to $40.00 Surveying/Staking Two Man Survey Crew $65.00 to $85.00 Three Man Survey Crew $80.00 to $105.00 2. Total cost for the services itemized under Section LA (Basic Fee) shall not exceed the following: e A. Plans and Specifications - $12,500.00 B. Construction Staking - $65-$85/Hr.(Estirnated @ $3-$4,000) C. Construction Observation - $45-$S5/Hr.(Estimated @ $11,000.00) D. Construction Administration - $701Hr. (Estimated @ $3,000.00) E. Easement & Acquisition Services - $1.000.00 .., In addition to the foregoing, CONSULT At'\JT shall be reimbursed at cost plus an .J. overhead fee (noHo-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 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 Page 3 of 13 . , . 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 IILA.I. 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. C. This Agreement is based on the condition that the proposed utility work will include the storm sewer indicated in the preliminary engineer's estimate, dated June 22, 1994. The CLIENT will contact City staff and determine whether any additional utility work, including water and sanitary sewer, is needed. In the event that additional utility work is needed, this will be incorporated into the project at our regular hourly. rates. . Page 4 of 13 . 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. E. CHANGE IN PROJECT SCOPE. 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 CONSULT A1'..J"T, 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 CONSUL T ANT shall furnish such. prior to authorizing the changed scope of work. C. LIMIT A TION OF LIABILITY. To the fullest extent permitted by law, and notwithstanding any other provision of this e Agreement, the total liability in the aggregate. of CONSULTANT and CONSULTANTS 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 CONSULT A1"\l"T under this Agreement or the total amount of $31,500, whichever is greater. D. CONSTRUCTION SERVICES. It is agreed that the CONSULT Pu'\IT 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. Page 5 of 13 e . 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. AIl 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 CONSUL T ANT 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. Page 6 of 13 . 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%) pt:r 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 CONSULT A1'-1T has been paid in full all amounts due for services, expenses and charges. 1. 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 e 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 CONSULT ANT under this Page 7 of 13 . - - .---- - ---- . 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. 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 HOPKINS CONSULTANT:BOLTON & MENK, INC. Page 8 of 13 . EXHIBIT I BASIC SERVICES BY CONSULTANT e NORTH SERVICE DRIVE IMPROVEMENTS CITY OF HOPKINS, MINNESOTA I.A. BASIC SERVICES For purposes of this Project Basic Services to be provided by the CONSULTANT will be accomplished in four parts amI are outlined as follows: l. Plans and Specifications 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 CONSULTAt'\fT has no control over the cost of labor, materials. competitive bidding process, weather e 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 assist the CLIENT in the preparation of permit applications for MnDOT. The CONSULT At'\fT'S responsibility on the permit application shall be limited to the provision of information relative to the project. The CLIENT shall assume responsibilities for submittal and delivery of permit applications, necessary bonds, permit application fees, negotiation for access or rights-of- way, and all other work and costs associated with such permits. D. The CONSULTANT shall provide copies of the plans for use by the CLIENT in negotiating and obtaining easements and rights-of-way. Page 9 of 13 . . E. 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. F. The CONSULTANT shall attend the public bid letting, tabulate unit price bid items and furnish tabulations to the CLIENT. G. The CONSULTANT shall prepare, with the assistance of the CLIENT'S attorney and staff, and contracts after award of contract. 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. 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 - e pipe alignment and grades at 100' stationing; 3) Centerline of Elmo Service Drive and radii; 4). Centerline of 12th Avenue and radii; 5) New right-of-way line - 100' stationing; 6) Concrete curb and gutter - 50' stationing and radii; 7) Starting and stopping points for pavement striping; and 8) Locations for new, permanent signing. All staking will be furnished on a one time basis. Any res taking 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 Page 10 of 13 . 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: . A daily observation report recording hours on the job site, weather conditions, daily activities, construction progress, and general and specific observations concerning construction activities. . Cut Sheets . Survey Notes . Inspect all gravity t10w utility lines, manholes and catchbasins to check for dirt and debris. . Lamp all gmvity t10w utility lines to check for deilection of the sewer alignment. . Order density testing at the frequency required by the specifications and meeting with the testing personnel to determine the on-site testing locations. . Record as-built information in red ink on field plans, including: . Statiun all manholes and catchbasins, as well as their rim and invert elevations. . Pipe sizes and grades. . Vertical and horizontal roadway curve data. . Stationing and elevations at ends of curb and gutter. e . 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 all documentation for construction and certify in writing that the improvements have been constructed in accordance with the plans and specifications. 4. Construction Administration The CONSULTANT will complete construction administration for the duration of the construction activities. This work is outlined as follows: . The CONSULT At'lT shall prepare, with the assistance of the CLIENT'S attorney and staff, the contract documents after award of contract. Page 11 of 13 . ---...._-- . 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 shop drawings required to be furnished by the contractor. . The CONSULTANT shall consult with and advise the CLIENT and act as the 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. 5. Right-of-Wav Acquisition Service CONSULTANT shall prepare a description of the property acquisition area as well as a property sketch for purposes of right-of-way acquisition by the CLIENT. Upon completion of the construction, CONSULTANT shall complete a boundary survey along the new right-of-way locating all deflection points through the construction area. - LB. ADDITIONAL SERVICES Consulting services performed other than those authorized under Section LA. 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 preliminary and 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 Page 12 of 13 . related thereto. . 7 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. .., All other services not specifically identified in Section LA. or LB. j. 4. ASBUIL TS. Complete drafting of as-built plans based on redIines completed through the construction observation. e Page 13 of 13 . ---- - ' PRELIMINARY ENGINEER'S ESTIMATE < NORTH SERVICE DRIVE IMPROVEMENTS HOPKINS, MN JUNE 22, 1994 SPEC OR ITEM DESCRIPTION APPROX. UNIT ITEM NO. AND UNIT OF MEASURE UNI QTY. PRICE AMOUNT T 1 Mobilization LS 1 $7500 $7,500.00 2 Traffic Control LS 1 $5000 $5,000.00 " Remove Concrete Curb & Gutter LF 2810 $2.50 $7.025.00 .) 4 Remove MH or CB EA 5 $300 $1.500.00 5 Remove Concrete Sidewalk SF 3440 $1.50 $5.160.00 6 Common Excavation CY 4630 $5.50 $25A65.00 I 7 Subgrade Excavation CY 50 $4.00 . $200.00 8 Topsoil Borrow CY 400 $12.00 $4.800.00 I 9 Bit. Pavement w/Aggregate Base SY 8400 $10.00 $8..!-.000.00 10 15" RC Pipe Sewer LF 210 $23.00 $4.830.00 I 11 18" RC Pipe Sewer LF 160 $27.00 $4.320.00 I 12 CB Design H EA 4 $550 $2.200.00 I 13 CB MH Design G EA 2 $800 $1.600.00 I 14 MH Design F EA 1 $1000 $1.000.00 15 Connect to Ex. MH EA 2 $500 $1.000.00 16 Casting Assembly EA 7 $225 $1,575.00 17 4" Concrete Walk SF 3700 $2.00 $7,400.00 18 Concrete Curb & Gutter Des. D61B LF 3120 $6.50 $20,280.00 I 19 Sod - Lawn Type SY 6100 $2.50 $15.250.00 20 Signing, Painting & Striping LS 1 $1500 $1,500.00 I SUBTOTAL $201.605.00 CONTINGENCY (15%) $30,240.75 TOTAL ESTIMATED CONSTRUCTION COST $231,845.75 I . . - - -- .----- -.--- - .-.- .., -..