CR 92-20 Construction Clock Tower
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December 31, 1991 0 PK .\ .~ Council Report 92-20
CONSTRUCTION MANAGEMENT SERVICES
CLOCK TOWER
Proposed Action.
staff recommends adoption of the following motion: Move to authorize
the Mayor and city Manager to enter into a contract with RLK
Associates and Westwood Professional Services. as necessary. for
construction manaqement services for the Mainstreet Plaza Clock
Tower.
overview.
On December 3, 1991, the City Council awarded the bid for the
Mainstreet Clock Tower to Michaelson and Associates. Michaelson and
Associates is now in the process of preparing shop drawings for City
approval, thereby allowing for the eventual fabrication and
installation of the clock tower.
To allow for the proper review of the shop drawings and oversight of
the proj ect, staff is recommending that the City retain RLK and
Associates as the project's construction manager, with assistance
from Westwood Professional Services. Al though RLK Associates will
serve as the primary contact on the clock tower, Tim Erkkila of
Westwood Professional Services will be involved in the overview of
the clock tower project and will work in conjunction with RLK
Associates.
. As RLK and Associates is providing construction management services
for the Mainstreet project, staff did not solicit proposals from any
other firms.
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The total .estimated cost for the construction management services for
the clock tower, including the services provided by Westwood
Professional Services, is estimated to pe $8,750. To date, the City
has expended approximately $25,650 for the clock tower's foundation
and consultant services for the design and bidding phase . It is
estimated the total cost for the construction of the clock tower,
including construction and consultant fees, will be approximately
$87,500.
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Alternatives
The City Council
matter:
o
o
has
the
following
alternatives
regarding
this
o
Approve staff's recommendation
Deny staff's recommendation and request staff renegotiate
the contract
Deny staff's recommendation and determine that construction
management services should not be utilized as a part of the
construction of the clock tower
continue matter for further information
o
Information.
Construction Management Services contract
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RLK ASSOCIATES, LTD.
3. Responsible for communication and public relations with property owners
adjacent to the project site. Specifically the Marcus Corporation and the
installation of the master controller to be located in the basement of their
building.
4. Shall review all shop drawings, equipment drawing, and be responsible for
obtaining staff and other consultants input to insure a thorough review of the
shop drawings.
5. Tracks the progress of the shop drawings, fabrication of the tower, clock
works, bells, etc. and ensures that proper construction methods, equipment and
resources are being utilized in the clock tower construction.
6. Coordinates and communicates with City Public works employees, building
inspection personnel and others to ensure that they are available when the
contractor needs their services.
7. Reviews the installation of the sound and speaker system to verify all
installations are per plan and specifications.
8. Schedule 3 separate visits to Alexandria, Minnesota to oversee the
ornamentation detail, fabrication and welding joints, verify discussion, acid
etching/sand blasting of structure, base coat preparation and final
assemble/detail of structure, in association with Westwood Professional
Services.
9. Reviews and understands all phases of the construction project and is familiar
with the plans and specifications. Assist the contractor in interpreting the
plans, specifications and the design intent.
10. Review final shop drawings, red line drawings as necessary, in association
with Westwood Professional Services.
11. Oversee the contractor instructions to City staff in the operation of the
clock works, bell system and master controller. Instructions to staff will be
videotaped.
12. Prior to final payment, verify contractor has provided a full list of service
manuals, names, addresses and phone numbers of the service personnel and a
spread sheet indicating length of warranties for each respective part of the
clock tower.
13. Prepare updates; attend meetings as necessary to fulfill the expectations of
the City Council and staff.
14. Provide direction and recommendations to City staff on maintenance contracts
for protecting the long term life and investment of the clock tower, clock
work and bell system.
CONSTRUCTION MANAGEMENT CONTRACT
CLOCK TOWER CONSTRUCTION
PAGE 2
RLK ASSOCIATES, LTD.
COMPENSATION
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Oui proposal identifies the construction management fee for the clock tower tasks to
be completed on an hourlybasi~ for a fee not to exceed $6/250 for the services
identified in the previous section. For purposes of, this project, Mr. Dietrich's
time will be billed at $60.00/hour and staff, time will .be billed ,at an average of
$35: DO/hour..
Mr. Erkkila's'involvement in the' review process will include shop drawing review/'
inspection of.fabricationl ornamentation, material selection and color approval,
installation of the system components, andassistartce to Mr. Dietrich in
clarification of di::!signand clock works components.. It is estimated a fee of $2/500
will be sufficient to allow Mr. Erkkila to commit the necessary time to the. review
of the clock towe~. It is proposed Mr. Erkkila invoices will be processed. directly
. to the City of Hopkins for payment without being reviewed by RLK Associates. It
will be RLK's responsibility to schedule and delegate the necessary review t~sks to'
Westwood Professional Services, Inc.
Total Billinq.
It is anticipated the total bill for inspection of the cloCk tower will be $8,750
when combiningRLK's time and Westwood Professional Services.
.REIKBURSABLES
Reimbursable expenses include
Alexandria, Minnesota. There
90-04K. Direct project costs
be invoiced at a .15% increase.
fee.
mileage, only in relation to the observation trips to
will not be any.other mileage charged to Project No.
incurred in the construction management position will
All reimbursables are over and above the contract
COMMITMENT
We look forwa~d to continuing our as~ociation with the City of Hopkins and we very
much appreciate your consideration of this proposa1.RLK Associates will demand
nothing short of top. quality and the highest level of craftsmanship for the
construction of the clock tower for the 9th street Plaza.
CONSTRUCTION MANAGEMENT CONTRACT
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CLOCK TOWER CONSTRUCTION
PAGE 3
RLK ASSOCIATES, ,LTD.
.' GENERAL CONDITIONS
Section 1. Scope of Work
RLK Associates, Ltd. will provide a~4itionalservices under this contract, as
authorized by. the Client and requested by the Client with charges for those
additional services invoiced at the stated rates, in.the compensation section.
Section' 2 . Responsibili ties
2.1 RLK Associates will not be responsible for the failure of the
contractors/vendors to perform in accordance' with the specifications or
contract documents, and RLK'S services shall in no way relieve others of their
responsibilities.
section 3. Insurance
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RLK Associates will furnish certificates of insurance upon request. .If the Client
requests increased insurance coverage, RLK will take out additional insurance, if
obtainable, at the CLient's expense,but shall have no.liabil'ity beyond, the limits
and conditions of the insurance coverage.
Section 4. Standard of Care
In performing its services, RLK will use. that degree of care and ,skill ordinarily
exercised undersim,ilar circumstances by reputable members oifts profession
practicing in the same locality, No other warranty is made or intended.
Section 5. Consequential Damages
Neither RLK Associates nor the City of Hopkins will be liable to the other for any
indirect, incidental, special ,or consequential damages (including loss of
anticipated profits~ business interruption, goodwill or other economic or
commercial loss) relating to the services rendered.
Section 6. Termination
Either RLK Associates or Client may terminate this agreement by giving fourteen (14)
days'written notice to the other party. In the event of such" termination, for
whatever cause, the Client shall pay RLK the costs that RLKhas incurred to the
effective date of termination, including any obligations, commitments and unsettled
claims plus any-charges, due and owing by the Client as'of the date of termination to
include reasonable termination expenses. Upon payment, any and all obligations and
liabilities of theparties'hereto'shall terminate.
Section 7. Ownership of Documents
Drawings and Specifications as instruments, of service are and shall remain the
property of the City of Hopkins.
CONSTRUCTION MAl\lAGEMENT CONTRACT
CLOCK TOWER CONSTRUCTION
PAGE 4
RLK ASSOCIATES, LTD.
Section 8. Relationship of Parties
RLK Assoc::iates will act solely as an independentcbntrac'tor of the Client and not as
the 'Client's agent for any purpose. Neither RLK nor the Client may enter into any
agreement or assume any obligation for the Other, and nothing herein may be .
construed to. establish any partnership, .joint venture or principal-agent
relationship between RLK and the Client. .
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Sect.ion 9. Successors and Assigns
The City and RLK Associates each binds itself, its successors, aSEfigns and legal
representatives to the other party of. this agreement and to the successors, assigns
and legal representatives of such other party 'with respect to all provisiorisof the
agreement. Neither the Client nor RLK shall assign, set over or transfer his .
interest in this agreement, in whole, orin part, without the prior writ.ten consent
'. of the other, and any act in derogation hereof, shall, at the option of the non-
assigning party, render the written agreement terminated..
Section 1,0. Arbitration
All claims, disputes and other matters in question ar~s~ng out of, or relating to,
this Agreement or the breach thereof shall be decided by arbitration inacc::ordance
with the Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise. .' This
agreement to arbitrate shall be specificaLly enforceable under the prevailing
arbitration law 'in the State of Minnesota: Notice of the demand for arbitration
shall be filed in writing with the other party to this agreement and with the
American Arbitration Association. The demand shall be made within a reasonable time
after ,the claim, dispute or other matter in question has arisen. In no event, shall
the demand for arbitration be made after the date when institution of legal or
equitable proceedings based on such claim, dispute or Clther matter in question would
be barred by the applicable statute of limitation. Allarbitrations.willbe
conducted in Hennepin County, . .Minnesota'.
The award rendered by. the arbitrators shall be final and judgment may be entered
upon it in accordance with applicable law in any court having jurisdiction thereof.
Arbitrations of claiins arising from this agreement shall not be consolidated with
any other arbitration proceedings except by written consent of the parties.
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ENTIRE AGREEMENT
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The Client's engagement of RLK Associates to perform work represents the Cli'ent' s
acceptance of the terms and conditions contained herein, which constitute the entire
understanding between RLK and the Client and supersede and previous communications,
representations or agr~ement by either party, whether oral .or written, The terms
and conditions contained herein take precedence over the .Client's additional or
different terms and conditions that may be contained in any purchase order, work
order, invoice, gate pass, acknowledgement form, manifest or other document.
CONSTRUCTION MANAGEMENT CONTRACT
CLOCK TOWER CONSTRUCTION
PAGE 5'
RLK ASSOCIATES, LTD.
forwarded by the Client to RLKto which notice of 'objection is hereby given. RLK's
commencement of performance will not be deemed or construed as acceptEmce of the
Client',s additional or different te,rms and conditions.
No change ofatly of the terms or conditions herein will be valip. or binding on
either party unless in writing and signed by the owner and by an officer of RLK
Associates.' If any of the provisions here.of are invalid under any applicable
statute or rule of law, such provisions are, to that extent, deemed omitted, but the
remaining terms and conditions of this agreement will remain otherwise in effect.
There are ,no understandings, agreements, representations or warranties, express or
implied, that are not specified herein respecting the subject hereof.
'APPLICABLE LAW,
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'rhis agreement shall be governed by the laws of the state of Minnesota.
THE CITY AND CONSULTANT' AGREE AS SET FORTH ABOVE
"For the Ci ty of Hopkins:
For thetons,ul tant
City of Hopkins
101,0 1st Street South
Hopkins,. MN 553,43
RLKAssociates, Ltd.
922 Mainstreet
Hopkins, MN ,55343
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'Signature
President, Construction Manaqer
Title
&1~41 /q11
Date J
Title
Date
Signature
#'-~~~
John E.R. Dietrich
Title
Vice President, Landscape Architect
Ti tle
Date
,'-!~.. 2-'7' i""
Date I '
CONSTRUCTION MANAGEMENT CONTRACT
CLOCK TOWER CONSTRUCTION
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