CR 96-197 Consultant Services Agreement - 1st St N•
November 26, 1996
Suwportina Information.
O Bolton and
James Menk proposal
assarai Gessele
Engineering Superintendent
APPROVE CONSULTANT SERVICES AGREEMENT
1ST STREET NORTH IMPROVEMENT PROJECT
Council Report No. 96 -197
Proposed Action
Staff recommends adoption of the following motion: Move that
Council authorize the Mayor and City Manager to enter into an
agreement with Bolton and Menk, Inc. on behalf of the City for
engineering services related to First Street North improvements.
Overview
Council conducted a public hearing at its November 19 meeting
concerning an improvement project for First Street North.
Council ordered in the project subsequent to certain conditions
that affected the project scope. Staff had recommended delay in
final action concerning a consultant services agreement until
after the hearing and had indicated a return to Council with an
engineer's proposal for the December 3 meeting. This report
concerns approval of that proposal.
Primary Issues to consider
O How was Bolton and Menk selected?
At the project's inception, the City received three
consultant proposals, including that of Bolton and Menk.
Staff reviewed the proposals, conducted interviews and
subsequently recommended BMI to be designated project
engineer. The City has had good experience with this firm
on two other street projects.
O BMI's proposal
Bolton and Menk proposes to offer plan /specification
preparation, construction staking and inspection, project
administration and preparation of record drawings at a
not -to- exceed cost of $39,500. This amount, in addition
to $7,900.00 for preliminary feasibility work and a staff
authorized field survey and soil borings at $5,000.00
brings the total engineering cost to $52,400. With an
estimated project construction cost at $256,235.000, BMI's
total fee is roughly 20% of the total.
O Staff recommendation
This is in part a state aid project and as such will
require a substantially higher level of project
administration. Bolton and Menk's proposal at 20% is fair
and in keeping with standard costs established in other
state aid projects. Council is advised that state aid
policy allows for a maximum 25% for state aid funding for
engineering services. Staff recommends approval of the
Bolton and Menk proposal.
1.
AGREEMENT FOR PROFESSIONAL SERVICES
FIRST STREET NORTH IMPROVEMENTS - 1997
PLANS, SPECIFICATIONS AND CONSTRUCTION ADMINSTRATION
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, Burnsville, MN, 55337, hereinafter referred to as
CONSULTANT.
WITNESS, whereas the CLIENT requires professional services in conjunction with reconstruction
of the First Street North Improvements (City Project No. ST -8), including construction plans,
staking, observation and adminstration,. The proposed improvements are described as follows:
Mill and overlay the following street sections:
• 5th Ave. to 6th Ave;
• 7th Ave. to 10th Ave;
• 12th Ave. to 14th Ave; and
• 15th Ave. to 17th Ave.
2. Reconstruct the following street sections, (maintaining the existing width):
• 10th Ave. to 11th Ave;
• llth Ave to 12th Ave; and
• 14th Ave. to 15 Ave.
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:
Page 1 of 13
SECTION I — CONSULTANT'S SERVICES
The CONSULTANT agrees to perform the various Basic Services in connection with the
proposed project as described in Exhibit I.
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 2 of 13
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.
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 3 of 13
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.
Classification
Principal Engineer /Land.Surveyor
Associate Engineer /Land Surveyor
Project/Design Engineer
Licensed Land Surveyor
Senior Technician
Technician/Draftsperson
Clerical
Surveying /Staking
Two Man Survey Crew
Computer
Mileage
A.
B.
C.
D.
E.
F.
a.
b.
SECTION III - COMPENSATION FOR SERVICES
Plans and Specifications -
Construction Staking -
Construction Observation -
Construction Administration -
As-Builts -
Assessments
Schedule of. Fees
Hourly Rates
$75.00 to $100.00
$60.00 to $75.00
$40.00 to $60.00
$50.00 to $60.00
$40.00 to $60.00
$20.00 to $40.00
$20.00 to $40.00
$65.00 to $85.00
No Charge
No Charge
2. Total cost for the services itemized under Section I.A (Basic Fee) shall not exceed the
following:
$14,000.00
$75- $85 /Hr.(Estimated @ $6,000.00)
$45/Hr.(Estimated @ $13,500.00)
$75/Hr. (Estimated @ $3,000.00)
$2,000.00
$1,000.00
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.
Owner approved outside professional and technical services.
Special reproduction and reprographic charges.
Page 4 of 13
c. Expendable field supplies and special field equipment rental.
Other acceptable costs for such additional items and services as may be required
by the CLIENT to fulfill the terms of this Agreement.
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 I1!.A.1.
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.
This Agreement is based on the condition that no utility work will be included except for
the storm sewer indicated in the preliminary engineer's estimate, dated October 11, 1996.
In the event that additional utility work is needed, this will be incorporated into the project
at our regular hourly rates.
Page 5 of 13
A. STANDARD OF CARE
Professional services provided under this Agreement will be conducted m 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. LIMITATION OF LIABILITY.
D. CONSTRUCTION SERVICES.
SECTION IV - GENERAL
To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement,
the total liability in the aggregate, of CONSULTANT and CONSULTANT'S 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 omis-
sions, 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 CONSULTANT under this
Agreement or the total amount of $39,500, whichever is greater.
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.
Page 6 of 13
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.
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 occu-
pancy 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
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 7 of 13
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 furnis hed 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 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 CONSULTANT under this Agreement or the
termination of this Agreement for any reason.
Page 8 of 13
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.
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
SECTION V - SIGNATURES
CONSULTANT:BOLTON & MENK, INC.
,1
Page Q of 13
I.A. BASIC SERVICES
EXHIBIT I
BASIC SERVICES BY CONSULTANT
FIRST STREET NORTH IMPROVEMENTS - 1997
CITY OF HOPKINS, MINNESOTA
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 a Speci fications
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 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.
The CONSULTANT shall attend the public bid letting, tabulate unit price bid
items and furnish tabulations to the CLIENT.
Page 10 of 13
F. 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.
13. 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 - pipe
alignment and grades at 100' stationing;
3) Concrete curb and gutter - 50' stationing and radii;
4) Starting and stopping points for pavement striping; and
5) Locations for new, permanent signing.
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:
d 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
d Survey Notes
• Inspect all gravity flow utility lines, manholes and catchbasins to check for dirt and
debris.
Page 11 of 13
• Lamp all gravity flow utility lines to check for deflection 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:
d Station all manholes and catchbasins, as well as their rim and invert elevations.
1 Pipe sizes and grades
d Vertical and horizontal roadway curve data.
d Stationing and elevations at ends of curb and gutter.
• 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 CONSULTANT shall prepare, with the assistance of the CLIENT'S attorney
and staff, the contract documents 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 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.
Page 12 of 13
5. As- Guilts
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 I.A. 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 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 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. All other services not specifically identified in Section I.A. or I.B.
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