CR 99-49 Approve Engineering Services Agreement 1999 St Improvements Project 98-09
CiTY OF
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February 25, 1999 HOPKINS Council Report No. 99-049
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APPROVE ENGINEERING SERVICES AGREEMENT
1999 STREET IMPROVEMENTS
PROJECT 98-09
Proposed Action
Staff recommends adoption of the following motion: Move that Council authorize the mayor
and city manaqer to enter into an aqreement with Bolton and Menk, Inc. for enqineerinq
services related to the 1999 street improvements proqram, Proiect 98-09,
Overview
By the time of Council consideration of this item, Council will have conducted a public hearing
concerning street improvements on 12th/13th Avenues South between Mainstreet and 2nd
Avenue South, on 1 st Street South between 11th/13th Avenues, and on an alley in the #10
block between 12/13th Avenues South. Assuming Council will have ordered a project, staff is
presenting Bolton and Menk's proposal for engineering services on such a project for Council
approval.
Primary Issues to Consider
o Selection process for consultant
. Staff solicited consultant proposals in the fall of 1998 from four engineering firms.
Staff organized a selection/review committee with the purpose of studying the
consultants' understanding of project requirements, firm and personnel qualifications
and past record with Hopkins. Bolton and Menk scored the highest with City staff at
that time and staff still stands by that assessment through the planning and
construction phase.
o Bolton and Menk's proposal
Bolton and Menk proposes to offer plan/specification preparation, construction
staking and inspection, project administration (including periodic construction
newsletters to residents), and record drawings all at a cost of $114,400.00. This
proposed fee is roughly 16% of a revised projected construction cost of $725,270.00.
In the event final design, plans and construction services are not needed for a
segment of 13th Avenue South from Mainstreet to 1 st Street South, then Bolton and
Menk will provide a deduct of $10,300 from their total estimated services cost
contract.
o Staff recommendations
Staff recommends approval of the Bolton and Menk proposal.
Supporting Information
o Consultant proposal and agreement
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James Gessele
Engineering Superintendent
AGREEMENT FOR PROFESSIONAL SERVICES
. 1999 STREET AND UTILITY IMPROVEMENTS
PLANS, SPECIFICATIONS AND CONSTRUCTION PHASE
CITY OF HOPKINS, MINNESOTA
This Agreement, made this _ day of _,19_, by and between the City of Hopkins, 1010 First
Street South, Hopkins, MitUlesota, 55343-7573, hereinafterreferred to as CLIENT, and BOLTON
& MENK, INC., 1515 E. Hwy 13, Bumsville, MN, 55337, hereinafter referred to as
CONSULTANT.
WITNESS, whereas the CLIENT requires professional engineering services in conjunction with
1999 Street and Utility hnprovcments. The proposed improvements are described as follows:
1. Street Reconstruction (either total or partial) and Utility Improvements including
watermain, sanitary sewer and storm sewer will be completed on the following
streets:
. 12th Ave South from Second Street South to Main Street
. 13th Ave South from Second Street South to Main Street
. First Street South from 11th Ave South to 13th Ave South
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And whereas the CONSULTANT agrees to furnish the various professional engineering services
required by the CLIENT.
NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties
hereto, it is agreed:
SECTION I - CONSULTANT'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.B.
. City of Hopkins Page 1 of 8 February 22, 1999
TC98.0279
. 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, prelirrllnary sketch plan layouts, building
plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility
agreements, environmental reviews, 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 otheIWise 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
e authority to transmit instructions, receive instructions, receive information, interpret and
defme 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 has hired an independent test company to perform laboratory and material
testing services, and soil investigation that can be used for the proper design and construction
afthe project. The CLIENT shall provide a complete copy ofthe testing results as well as
the report with pavement recorrunendations to the CONSULTANT.
. City of Hopkins Page 2 of 8 February 22, 1999
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. SECTION Ill- CUMPENSATION 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
Principal EngineerlLand Surveyor ,..... _ . . . . . . . . . . . , . ' , . , . _ . . . .. $85-110/Hour
Associate Engineer/Land Surveyor . . , . , . . . . , , _ , _ _ , ' . . . . . . . . . . . . . . . $70-95/Hour
ProjecuDesign Engineer .....,............,..,. _ _ _ . . . . . . . . . . . . .. $45-75/Hour
Licensed Land Surveyor . . . . . . . . . . . . . . . . . . _ , . _ . . , . . . . . . . .. $50-75/Hour
Senior Technician '" _ _ . . _ , ' _ . . . . . . . . . . . . . . . . . . . , . ' , , . _ _ , . , . . . . $45-65/Hour
Technician/Draftsperson ....., _ , , _ _ ' _ . _ _ . , , , . . . . . . . , . . . . . . . . . . . . $20-55/Hour
Clerical . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . _ _ , , , , . . . . . . . . . . . . $20-40/Hour
AutoCAD/Computer Time .................. _ _ . . , . . . , . . . . . . . , . . _ _ . No Charge
Office Supplies _ . . . . , . . . . . . . . . . . . . . . . . . . , . . ' , _ _ , . _ . . . . . . . . . . . . . . No Charge
Photo Copying/reproduction .................., _ _ , . , , . . . . . . . . . . . . . . No Charge
Field Supplies/Survey Stakes and Equipment. . . . . . . . . , ' , . . . . . . . . . . . . . . No Charge
Mileage ............... _ _ _ , _ , _ _ _ _ . . _ . . . . . . . . _ , _ , _ . . . . . . . . . . . . . . No Charge
Charges are based on hours spent at hourly rates in effect for the individuals performing the work. The
hourly rates for principals, associates and members of the staff vary according to skill and experience.
. These rates include the salary rate times an overhead factor which accounts for federal and state taxes and
required benefits, as well as insurance, office expenses and profit. In addition, the overhead factor includes
vehicle and personal expenses, stakes and supplies.
2_ Total cost for the services itemized tmder Section LA (Basic Fee) are indicated below_ Items A 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 oftlle Contractor estimated for a four month construction period,
A. Final Design,
Plans, Specifications and
Bidding $ 32,800.00
B. Construction Staking - $75-$85/Hr.(Estimated @ $12,900.00)
C. Construction Observation - $50/Hr.(Estimated @ $52,300.00)
D. Construction Administration ~ $80/Hr. (Estimated @ $13,400.00)
E. Close Out and As-Builts - $3.000.00
Total Estimated Contract Costs - $114,400.00
Charges will be based on actual hours spent at hourly rates in effect for the individuals performing
the work. In the event that the final design, plans and construction services are not needed for
13th A venue,from 1 st Street South to Main Street, then a deduct of $10,300 from the total
estimated engineering contract costs would apply.
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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 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 required by
the CLIENT to fulfill the tem1S 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.l.
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.
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. City of Hopkins Page 4 of 8 February 22, 1999
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. 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.
B. 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 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.
C. INDEMNIFICATION
CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents, and
e employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and
expenses of litigation) arising from, or based in the whole, or in any part, on any negligent act or
omission by CONSULTANT's employees, agents, or consultants. In no event shall CLIENT be
liable to CONSULTANT for consequential, incidental, indirect, special, or punitive damages.
CLIENT shall indemnify, defend, and hold harmless CONSULTANT from any loss, claim, liability,
and expense (including reasonable attorneys' fees and expenses oflitigation) arising from, or based
in whole, or in any part, on any negligent act or omission by CLIENT's employees, agents, or
consultants. In no event shall CONSULTANT be liable to CLIENT for consequential, incidental,
indirect, special, or punitive damages.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action
in favor of a third party against either the CLIENT or the CONSULTANT.
D. CONSTRUCTION SERVICES.
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.
. City of Hopkins Page 5 of 8 February 22, 1999
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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.
The CONSULTANT also agrees to maintain, at the CONSULTANT's expense, Professional
Liability Insurance in the amount of $1,000,000.00. CONSULTANT shall forward the CLIENT
Certificates of Insurance upon request.
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
CONSUL T ANT 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.
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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.
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
oftermination, computed in accordance with Section ill 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 ofthis Agreement will
survive the completion of all services of the CONSULTANT under this Agreement or the
termination of this Agreement for any reason.
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N, SEVERABILITY
. Any provision or part ofthe 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
TillS INSTRUMENT embodies the whole agreement ofthe 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.
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CLIENT: CITY OF HOPKINS CONSULTANT: BOLTON & MENK, INC.
Mayor
City Manager
. City of Hopkins Page 8 of 8 February 22, 1999
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EXHIBIT I
. BASIC SERVICES BY CONSULTANT
1999 STREET AND UTILITY IMPROVEMENTS
PLANS, SPECIFICATIONS, AND CONSTRUCTION PHASE
CITY OF HOPKINS, MINNESOTA
LA. 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
A. CONSULTANT will complete final plans, specifications and bidding documents and
submit copies to the CLIENT for review and cormnent.
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
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2. Construction Staking
. A. The CONSULTANT will perfonn 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) Control line staking, offset from the back of curb, on both sides of the street
at 50' maximum spacing;
2) Storm sewer - manhole and catchbasin offsets with rim and inverts - pipe
alignment and grades at 100' maximum spacing; and
3) Sanitary sewer and watermain - manhole offsets with rim and inverts - pip e
alignment and grades at 100 I maximum spacing.
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:
..[ 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 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:
-r Station 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.
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. 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
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 docmnents 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
shop drawings required to be furnished by the contractoL
. . The CONSULTANT shall assist the CLIENT in composing and distributing the
monthly construction newsletter for the residents affected by the construction.
. 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.
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5. As- B uilts
. 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 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 ofthe following:
1. COORDINATION OF FUNDING DOCUMENTATION, INCLUDING:
a, Preparation of [mal 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 LA. or LB.
.
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