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11TH AVE BRIBGE ~-f-' ~ '<c CITY OF HOPKINS 1010 FIRST STREET SOUTH · HOPKINS, MINNESOTA 55343 . 612/935-8474 MEMO Date: January 30, 1985 To: John StroJan From: Jerre M111er Re: Proposed Contract Between C1ty and Bakke etc. I have rev1ewed the changes recommended by the Counc11 and they appear to be 1n conformance w1th th1s concerns. .. . ~. .::!'. ':_~~:=::~ ' ~- lr1- II I , .. .' - I Ii,,' I " I r -~:J.";;,'.'~' ~~~-:Vll~lL.;.:, ~-- -.. - 7---. . --~- ---:-~~~ CITY OF HOPKINS INTER-OFFICE MEMO TO FROM SUBJECT Jerre Miller, City Attorney John Strojan, City Engineer DATE January 22 1985 Proposed Contract between City and Bakke, Kopp, Ballou & McFarlin, Inc. The above contract for consultlng services was on the Council Agenda January 15th, 1985. Certain changes were requested by motion (see attached minutes) and the mattec will come up for approval at the next meeting February 5, 1985. The changes hcve been made on the attached sheets and underlined in red on pages 2, 22, & 23. Pages 24 thru 28 are included because of changes in page numbering but with no change in wording. We WDuldappreciate your review to make sure that the changes reflect the Council action. Thank you. ARTICLE I: SCOPE OF AGREEMENT This AGREEMENT shall cover professional engineermg services during the design and construction of a new br Idge and approaches on Eleventh Avenue, under the MIlwaukee Railroad. The scope of this AGREEMENT Includes, but IS not lImited to, the followmg: A. PrelIminary Services, includmg soil, survey and mappmg operations; and studies of bridge types, track alIgnment, construction methods, foundations, ground water, publIc involvement. B. Design services for the bridge, mcludmg final plans, specIficatIOns, and estimate (P, S & E). C. Design services for the bridge-related Items of constructIOn such as bridge lIghtmg, if any, landscaping, bridge approaches and bridge rallings. D. Design of related retaining structures adjacent to Eleventh Avenue, to serve as abutment wingwalls. E. Coordmation of all the design activities with the various agencies involved. F. Preparing and supplying all constructIOn contract documents for blddmg the Project. G. Professional evaluation of construction materials, stakmg, resIdent inspectIon, and professional counselIng during the construction of the bridge, if the City chooses to have consultant perform such services. H. In general, the scope is as set forth in letter of July 27, 1984, attached as Appendix "A". -2- Such determinatIOn shall not effect any legal right of the CIty against the Consultant for breach of this Agreement. B. NON-DISCRIMINATION The provisIOns of MInnesota Statutes 18l.59 which relate to CIvIl Rights and discrimmatlOn shall be considered a part of thIS Agreement as If fully set forth herein. C. CITY EMPLOYEES The Consultants shall not engage on a full or part-time or other basIs durmg the period of thiS Agreement, any professional or technIcal personnel who are, or have been at any time during the period of the Agreement, in the employ of the City, except regularly retired employees, wIthout the wrItten consent of the publIc employer of such persons. D. SUBLETTING The services of the Consultant to be performed hereunder are personal and shall not be assigned, sublet, or transferred unless written authority to do so IS granted by the City, except as provided herem. E. SUCCESSORS AND ASSIGNS The City and the Consultant each bmds hImself, his partners, successors, executors, admmistrators, and assigns to the other party of this Agreement and to the partners, successors, executors, administrators, and assIgns of such other party, in respect to all covenants of thiS Agreement; except as above, the Consultant shall not assIgn, sublet, or transfer his mterest in this Agreement without the written consent of the CIty. If the Consultant -22- should change ownership or change Its management structure, this agreement will continue only with the specIfIc approval of the City through action by its City CouncIl. Nothmg herem shall be construed as creatmg any personal lIabilIty on the part of any officer or agent of any publIc body which may be a party hereto. F. CITY INSPECTION Duly authorIzed representatives of the City shall have the right to inspect the work of the Consultant whenever they deem It necessary. G. QUALIFICATIONS AND REGISTRATION OF THE PERSONNEL OF THE CONSULTANT All personnel of the Consultant assigned to provIde the services covered m this Agreement shall be qualIfIed accordmgly to perform all such services. Designs, plans, and technical reports prepared in accordance herewith shall be prepared by or under the dIrect supervIsion of a ProfessIonal Engmeer, registered in the State of Minnesota, and said designs, plans and reports shall be certIfied by him as required by law. The mtent of this agreement IS that the Consultant's prmcIpal-m-<:harge will be Robert J. McFarlin, P.E. (Mmnesota RegistratIOn No. 6452) who will be the Clty's contact for all contractual matters; and that the Consultant's project engmeer wIll be Ronald L. Dokken, P.E. (Minnesota Registration No. 13931) who will work directly with the City and who will be the CIty'S contact for all technical matters relating to the project. If, through unforseen conditIOns, it becomes necessary to change either of these -23- I assignments, such change will require l.:hrough action by Its City CouncIl. the specific approval of the City H. INTEREST OF CONSULTANT The Consultant covenants that he has had no mterest and shall not acquire any mterest dIrect or mdIrect whIch would conflIct in any manner or degree with the performance of hIS services hereunder. The Consultant further convenants that m the performance of this Agreement no person having any such interest shall be employed by him. I. INDEMINIFICA nON, INDEPENDENT CONTRACTOR, AND INSURANCE 1. indemnifIcatIon The Consultant shall defend, mdemnIfy and save harmless the CIty and all of Its offIcers, agents, and employees from all SUits, actions or claims of any character brought for or on account of any injuries or damages received by any person or property arismg out of, of by reason of, performances of any work by the Consultant or any persons employed by him, in carrying out the terms of this Agreement. The Consultant shall obtain professIOnal liabilIty msurance coverage WhICh shall cover the obligation of the Consultant and any of ItS subcontractors to defend, mdemnIfy and save harmless the CIty, ItS engineers, officers, and employees as provided by thIS Agreement. 2. Independent Contractor For the purpose of this Agreement, the Consultant shall be deemed to be an independent contractor and not an employee or agent of the City. Any and all employees of the consultant while engaged in the performance of any work or services reqUIred by the Consultant -24-