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CR 94-67 Oakridge S Street Reconstruction i Y ~ \ 0 .. (; ..c- . e March 28, 1994 1- e:. Council Report 94-67 o P K \ ~ OAKRIDGE SOUTH STREET RECONSTRUCTION CONSULTANT SERVICES AGREEMENT Proposed Aotion. Staff recommends adoption of the following motion: Move that Council authorize the Mavor and city Manaqer to enter into an aqreement with Bolton and Menk, Inc. for l,)lanning and construction engineering, Oakridqe South street reconstruction. Overview. Council at its November 2, 1993 meeting authorized the firm of Bolton and Menk to undertake a feasibility report in conjunction with street improvements in the Oakridge South neighborhood. I Bolton and Menk has carried the project now through a public hearing. Council has authorized plans and specifications to be drawn up by Bolton and Menk and the City needs to officially enter into an agreement with a consultant for the final phases of the project. . primary Issues to Consider. 0 What are the projected engineering costs? Bolton and Menk has submitted a not-to-exceed cost estimate of $51,500 for development of plans and specifications; for construction staking, observation and administration. This is roughly 11% of construction costs. 0 staff recommendation Bolton and Menk's proposal for final engineering services on the project is fair and reasonable and is completely in line with current market costs. This coupled with the firm's outstanding work on the first phase of the project prompts staff to recommend that the City approve the proposal from Bolton and Menk. su~~orting Information 0 Bolton and Menk Proposal . ~LL- ( ames Gessele Engineering Superintendent MRR 30 '94 16=10 1-612-890-8065 P .1/12 E30L.:rON & lV1 E: I'J I<. , I f'..J C. Consulting Engineers & Surveyors 201 W. Travelers Trail · Burnsville. MN 55337 Phone (612) 890-0509 · FAX (612) 890-8065 March 30, 1994 Via Fax 935-1834 Mr. Jim Gessele City of Hopkins 10 1 0-1st Street South Hopkins; :MN 55343-7573 Re: Oakridge South Improvements Hopkins, Minnesota Dear Mr. Gessele: . Enclosed are three copies of the engineering contract for the plans and specifications; construction staking; construction observation and construction administration. If the contracts meet with your approval, please secure the authorizing signatures and return two copies to this office. This agreement is based on your approval of our previous letter dated Mar(;h 10, 1994. Sincerely> ~/~ Ronald A Roetzel, P.E. RARldc Ene. cc: Lee Gustafson Jim Johnson Jon Rippke . MANKATO, MN FAIRMONT. MN S~ ~ MAR 30 '94 16:12 1-612-890-8065 P. 1/11 . AGREEMENT FOR PROFESSIONAL SERVICES STANDARD PROJECf CLIENT 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., 201 West Travelers Trall, Burnsville, MN 55337, hereinafter ret"erred to as CONSULTANT. WITNESS, whereas the CLIENT requires professional services in conjunction with reconstruction of streets in the Oakridge South Area including Robinwood Lane from Highway 7:to Hopkins Crossroad; Fifth Street North from Hoplcins Crossroad to Robinwood Lane; the Service Road around the west, north and east sides of Elmo Park and Elmo Road, in Elmo Park. And whereas the CONSULTANT agrees to fwnish the various professional services . required by the CLIENT. NOW, THEREFORE. in consideration of the mutua] covenants and promises between'the parties hereto, it is agreed: SECfION I ~ CONSULT ANT'S SERVICES A. The CONSULT ANT 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. C. Tht? CONSULTANT shall serve as the CLIENTS professional engineering and surveying representative as descnbed herein. . Page 1 of 11 MAR 30 '94 16:12 1-612-890-8065 P.2/11 . SECTION II ~ THE CLIENTS RESPONSmILITIES A. The CLIENT shaH 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 CONSULT ANT 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 CLIENT shall provide topographic information in a digital format for use by the CONSULTANT. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services. C. The CUENT 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 othenvise becomes aware of any defect in the proposed project. . E. The CUENT shan designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this A!,7feement. Said representative shall bave 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 descnoed in this agreement. G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution of the project. . Page 2 of 11 ... MRR 30 '94 16:13 1-612-890-8065 P.3/11 I . SECfION III ~ COMPENSATION FOR SERVICES ; .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 Qassification Hourly Rates Principal Engineer/Land Surveyor . $75.00 to $100_00 , , Associate Engineer/Land Surveyor $60.00 to $75.00 ProjectJDesign Engineer $40.00 to $60.00 : Ucensed Land Surveyor $50.00 to $60.00 ! Senior Technician $40.00 to $60.00 ,. TecbnicianJDraftsperson $20.00 to $40.00 Clerical $20.00 to $40.00 I Surveying/Staking i Two Man Survey Crew $65.00 to $85.00 ! Three Man SUlVey Crew $80.00 to $105,00 , . I I 2. Total cost for the services itemized under Section l.A (Basic Fee) shall not exceed the following: A. Plans and Specifications' - $15,000.00 , '1 B. Construction Staking - $ 6,500.00 I C. Construction ObselVation - $45-$55jHr. (Estimated$22~OOO.OO) D_ Construction Administration - $ 8,000.00 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:. , I Owner approved outside professional and technical services. j a. I b. Special reproduction ~d reprographic charges. Expendable field supplies and special field equipment rental. I c. I i d. Other acceptable costs for such additional items and services as may: be required by the CLIENT to fulfill the terms of this Agreement. . Page 3 of 11 I , , ----- -- -- -~ . --- ! MRR 30 '94 16:13 1-612-890-8065 P. 4/11 . Additional services as outlined in Section I.B will vary depending upon project 4. conditions and will be billed on an hourly basis at the rate described in Section InA 1. B. The payment to the CONSULT ANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates. I . . Page 4 of 11 .. MRR 30 '94 16:14 1-612-890-8065 P.5/11 . SECTION IV - GENERAL A. CHANGE IN PROJECf SCOPE. In the event the CLIENT changes or is required to change the scope of the project from that described in Section r and/or the applicable addendum, and such changes require Additional Services by the CONSULTANT, the CONSULTANT sball be entitled to additional compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Se1Vices~ prior to furnishing such additional services. The CLIENT may request an estimate of additional cost t'roID the CONSULTANT, and the CONSULTANT shall furnish such, prior to authorizing the changed scope of work. B. RESPONSIBITJTY AND UMIT ATION OF LIABILITY. 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 proft:ssion currently practicing under similar conditions. No warranty, express or implied. is made. CLIENT agrees, however, to the fullest extent permitted by law, to limit and hold harmless . CONSULTANT from any liability to any person, firm or corporation includIng but not limited to; CLIENT, its agents, principals or employees and construction contractors on the project from any all loss, damage or personal injury arising from CONSULTANT'S alleged negligence, breach of warranty, breach of contract, or claim based upon any other theory or law, such that the total aggregate liability of CONSULTANT to aU those named shall not exceed the larger of fees earned or $50;000.00. C. INSURANCE. The CONSULTANT agrees to maintain, at the CONSUL.TANT'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 descnbed in this Agreement. . Page 5 of 11 . - ..-- --~ - ---- - -~. --- -- ---- - -- -- ---- ~,- -- --- ~ -- MRR 30 '94 16:14 1-612-890-8065 P.6/11 . D- 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 an 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 Jaw, statutoI)' 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 CUENT 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 and hold harmless CONSULT ANT from all claims, damagest 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. E. OPINIONS OR ESTIMATES OF CONSTRUCfION COST. . If included as a service by exhibit, the CONSULTANT will 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 laborl materials, competitive bidding process, weather conditions and other factors affecting the cost of construction~ all cost estimates are opinions fOI general information of the CLIENT and no .......arranty or guarantee as to the accuracy of construction cost estimates is made. The CLIENT agrees that costs for project financing shall be based upon actual, competitive bid prices with reasonable contingencies_ F. PAYMENTS. CONSULTANT shall submit monthly requests for payment based on work accomplished to date. Rt:quests for payment will be submitted no later than 10:00 A.M. on the Tuesday prior to the first or third Tuesday of the month. Authorized payments by CLIENT are due within thirty (30) days from date of billing_ 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' . Page 6 of 11 - ~ . M8R 30 '94 16:15 1-612-890-8065 P. 7/11 . written notice to CLIENT, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services~ expenses and charges. G. TERMINATION. This Agreement may be terminated by either party upon seven (7) days written notice. In the event of termjnation~ the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing for work performed to the date and time of termination, computed in accordance 'With Section III of this Agreement. H. CONTINGENT FEE. The CONSULT J\NT 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. . 1. NON-DISCRIM:INATION. The pro'Visions 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. J. CON1ROLLING LAW. This Agreement is to be governed by the law of the principal place of business of CONSULTANT. . Page 7 of 11 - '---- - - -~~ - -~. ~ MRR 30 '94 16:15 1-612-890-8065 P.8/11 . SECfrON V ~ SIGNATURES THIS INSlRUMENT embodies the 'whole .agreement of the parties, there being no promises. terms, conditiQns or obligatio~refe~g to the subject matter other than con~ained herein. . IN WITNESS\VHEREOF. the parties hereto: have caused this Agreement to be executed in their behalf. CLIENT: CITY OF HOPKINS CONSULTANT: BOLTON & MEN}{, INC. I .. ! . Page g :of 11 . -......-..-..-_~._-~ '---~.--- ~ - ---~_.~~~-- ----~- - - --- MAR 30 '94 16:16 1-612-890-8065 P.9/11 . EXHIBIT I BASIC SERVICES BY CONSULTANT OAKRIDGE SOUTH AREA IMPROVEMENTS CITY OF HOPKINS, MINNESOTA l.A BASIC SERVICES For purposes of this Project Basic Services to be provided by the CONSULTANT will be accomplished in four parts and ate outlined as follows: 1. 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 CONSULTANT has no control over the cost of labor, materials, competitive bidding process~ weather conditions and other factors affecting the cost of construction, all cos.t estimates shall be for generalinformarion 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 CONSlIT.., T ANT shall assist the CLIENT in the preparation of permit applications for MPCA The CONSULTANT'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, pennit 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-ai-way. . Page 9 of 11 ~,---- - ~-"----~ - - -~ - -- .. MRR 30 '94 16:16 1-512-890-8065 P.10/11 . 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 reprodul..'tion expenses and clerical time can be made by the CONSULTANT to plan holders. F. The CONSULTANT shall attend the public 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 CONSULTANT will provide curb staking, utility staking and structure locations on a one time only basis. Any additional staking required due to destroyed or lost stakes will be charged to the Contractor. 3. Resident Inspection . Provide resident project inspection services during construction of the project. Inspection services consist of observation of the work of the contractor, coordination of testing services and documentation of the work progress. Inspection services do not constitute acceptance or approval of the contractor's work nor do they relieve any part of the contractor's responsibility under the construction documents. Estimate is for full time observation for a construction period of eight (8) weeks, 50 hours per week and at an hourly rate range of $45 to $55 per hour. 4. ~nstruction Administration A The CONSULT ANT shall attend and assist with the preconstruction conference to be attended by the CLIENT, contractors and any affected utility companies. B. The CONSULTANT shall review, for confonnance with design concept only, any shop drawings required to be furnished by the contractor. C. The CONSULTANT shall consult with and advise the CUENT and act as the CLIENTS construction representative as provided in the contract documents. D. The CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, sequences, schedules or procedures of . Page 10 of 11 --- - . - - -- -- _.~. ~- MRR 30 '94 16:17 1-612-890-8065 P.11/11 . construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. E. The CONSULTANT shall re\liew the contractor's request for partial payments. Such review shall be based upon the CONSULTANTS on-site obsetvations and such written documentation as may be avaHable to the CONSULTANT at the time of review. Such review may not include verification of unit price contract quantities by physical measurement of individual work items. F. CONSULTANT will provide plan interpretation, resolve constru(.-tion related issues and conduct a weekly progress meeting with City staff, local residents and contra.ctor. I.B. ADDITIONAL SERVICES Consulting services performed other than those authorized under Section I.A shan be considered not part of the Basic Services and may be authorized by the CLIENT as Additional Services. Additional Services consist at those services which are not generally considered to be Basic Services~ or exceed the requirements of the Basic 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 rons and assessment computations for individual parcels. aU from ownership information to be provided by the CLIENT. B. Preparation of periodic grant reimbursement requests and documentation related thereto. 2. Easement & Acquisition Services. Boundary and easement surveys for the purpose of describing project sites and easements) preparation of property descriptions, site maps, assistance with eminent domain proceedings, court preparation and testimony. 3. All other services not specifically identified in Section LA. or IE. . 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