CR 12-011 Approve Engineering Services Agreement - Hopkins Activity Center HVAC Upgrade•
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January 12, 2012 OPKINCouncil Report 2012-011
Approve Engineering Services Agreement — Hopkins Activity Center HVAC Upgrade
Proposed Action
Staff recommends adoption of the following motion: Move that Council approve the selection of
Bark.L Consulting Engineers for the Hopkins Activity Center HVAC Upgrade project and
authorize the Mayor and City Manager to execute the engineering services agreement in the
amount of $22,500.
Overview
The Hopkins Activity Center HVAC Upgrade is an approved 2012 CIP project with a project
budget of $355,000. This action allows City staff to hire an engineering firm to prepare bid
documents (final design plans and specifications) and assist with construction contract
administration and construction oversight. Following preparation of bid documents, the
construction project will be bid and City Council will approve the contract award.
Primary Issues to Consider
• Is Bark.L consultants qualified to provide these services?
• Project scope and schedule
Supporting Information
• Bid Tabulations
• *Engineering Services Contract — not attached (final contract document is being
prepared and will be provided to City Council at the meeting)*
• CIP project sheet
• Bark.L Consulting Engineers proposal
Steven J. Stadler, Public Works Director
Financial Impact: $ 22,500 Budgeted: Yes Source: Capital Improvement Fund
Related Documents (CIP, ERP, etc.): 2012 CIP project
Notes:
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Council Report 2012-011
Page 2
Primary Issues to Consider
• Is Bark.L Consultants qualified to perform these services?
Six (6) engineering firms attended a pre-bid site visit to the Activity Center and submitted
proposals in response to our request for design services proposals. BarkL. submitted the
lowest cost proposal and has extensive experience with building rehab HVAC improvements.
They have done many projects for Mankato State University and most recently worked with the
architectural firm of Brunton Architects on a new Pine City fire station. Reference checks with
MSU facility managers and Brunton resulted in positive feedback on their work.
• Project Scope
Replace the existing low pressure steam boiler system which provides baseboard and radiator
heating fixtures with a forced air system consisting of 2 small hot water boilers along with
rooftop gas-fired HVAC units to heat, cool and ventilate the building. New kitchen area make-
up air unit and reduced size exhaust hood. The existing window a/c unit for the Historical
Society area will be replaced with a rooftop HVAC unit. The existing boiler was installed in
1981 and the existing steam piping is 60 years old.
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BID TABULATIONS, RFP HOPKINS ACTIVITY CENTER ENGINEERING SERVICES:
Gausman & Moore
Engineering Design Initiative
MEP Associates, LLC
Wentz & Ass.
Bark.L Consulting Engineers
Dunham Consulting Engineers
Prepared by Norbert Kerber: Bldg/Equip Supt. 01/11/2012
$42,000
$23,900
$29,000
$28,100
$22,500
$33,500
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OQAPITAL IlVIPROVEMENT PLAN 2012 thru 2016
City of Hopkins, MN
Project # 08-CIP-ACO20
Project Name Activity Center HVAC Upgrade
Future
Department Activity Center
Contact PW Director
Type
Improvement
Useful Life
20-25 years
Category
Buildings: Activity Center
Priority
1 Urgent
Total Project Cost: $355,000
Lee existing low pressure steam Boiler with two low pressure Hot Water Boilers. Replace existing AC Rooftop AC
for Gymnasium with Gas Heat and AC. Replace existing AC fan oils with Heat and AC fan coils with new
enser Units. Replace existing AC unit in Historical Society with Rooftop HVAC unit. Replace existing Steam
up unit for Kitchen with Gas fired makeup unit.
;et includes a reduced size makeup unit)
cost includes 25,000 Engineering cost and 10% contingency.
?012: Engineering: 25,000
>012: Construction: 300,000
?012: Contingency: 30,000
Justification
3xisting Low presuujre Steam Boiler is 30 years old (198 1) the supply piping for this Boiler are 60 years old. The
;upply piping is located in tunnel around the perimiter of the Building. Life of existing steam pipe is a concern. Cost of
-eplacing pipe in a confined space would be costly. Existing Rooftop units for Gymnasium are 24 years old and need
-eplacement. Upgraded system will allow better control of HVAC systems and reduce Energy costs. Existing Kitchen
bould be modified to meet current regulations.
3_ngineering study completed early in 2011 and used to justify costs and needs.
Expenditures 2012 2013 2014 2015 2016 Total
Construction/Maintenance 355,000 355,000
Total 355,000 355,000
Funding Sources 2012 2013 2014 2015 2016 Total
CI - Capital Improvement Fund 355,000 355,000
Total 355,000 355,000
Budget Impact/Other
Risk of Major failure of 60 year od steam supply lines is a major concern. Repairs would only be temporary and costly
Steam Boiler is only source of Heart for Building. 'Existing Equipment has exceeded its expected life.
Wednesday, June 19, 1011
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BARKt
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December 30, 2011
Mr. Norbert Kerber
Superintendent Building and Equipment Services
City of Hopkins
11100 Excelsior Blvd.
Hopkins, MN 55343
RE: Hopkins Activity Center HVAC Renovation
Dear Mr. Kerber,
Thank you for granting us the opportunity to submit a proposal for the above referenced project. I
also thank you for taking the time to provide a pre -proposal walk through in order to go over the
scope of the project. Mark Prange from our office attended the walk through.
Company Overview:
We are a mechanical and electrical consulting engineering company located in Mankato, MN.
Although the size of the company is small, we have approximately 70 years of field and design
experiences combined. We are involved in a variety of projects, including universities,
government buildings, offices, fire stations, churches, assisted living buildings, restaurants,
industrial/manufacturing buildings, and many more.
Relevant Past Proiect Experience:
Please refer to the attached past project experience sheet. Many projects under the categories of
"Educational", "State/County/City", and "Offices", have relevant mechanical and electrical
components similar to this project.
Staff:
Our staff has a variety of unique experiences that we can provide to you in order to meet your
comfort and functionality requirements.
1. Kaeko Leitch, PE, LEED AP (Licensed mechanical and electrical engineer in MN, WI, IA, SD,
ND, and KS)
Kaeko has approximately 12 years of experience in mechanical and electrical engineering and
project management. Design experience includes designing plumbing, HVAC, and electrical
systems and their controls for all types of commercial buildings. HVAC design experience
includes air side, hot water heating, steam heating, chilled water cooling, and direct expansion
- cooling, as well as geothermal systems.
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BARK.L Consulting Engineers = Civic Center Plaza, Suite ooz Mankato, MN 5600i 507.995.4078
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BARKI
2. Mark Prange (Project Manager)
Mark has approximately 30 years of experience in mechanical installation, project
management, and design. Because of his extensive field experience, Mark provides us with
valuable insight on how mechanical systems should be designed with practicality and
functionality in mind.
3. Mike Fox (Electrical Designer)
Mike has approximately 20 years of experience in commercial building electrical design.
Mike's experience extends from a simple lighting layout to intricate system wiring layouts, as
well as emergency and fire alarm systems. His knowledge in advanced technology helps us
provide customers with the most efficient and cost effective electrical system package to
accommodate the building needs and available budget.
4. Taylor Weness (Mechanical Technician)
Taylor has approximately 7 years of experience in AutoCAD drafting and several years of Revit
modeling. Taylor also brings field experience as a carpenter. He understands the structural
aspects of buildings and how the mechanical components should fit into the buildings. He is
in charge of creating construction documents for bidding purposes.
5. Anthony Dargay (Electrical Technician)
Anthony has several years of AutoCAD drafting and Revit modeling experiences. Anthony
studied drafting and design as well as project management. Anthony's drafting skills add a
valuable efficiency to our construction document creation to meet our busy schedule.
Existing System Understanding:
1. The current heat source is a low pressure steam boiler system. The boiler system was
installed in 1981 when the original Junior High School building was separated into the
Community Center and apartments. However, the original 1952 steam pipes were reused
with the new boiler.
2. Spaces are heated by steam radiation and baseboard heaters.
3. There are some hot water heating units in the building. The heating water is produced by a
converter.
4. Some of the fan coil units have electric heating elements.
5. The current cooling source is a direct expansion system. The cooling system was installed in
1988 and several additional split units were installed in 1990.
6. The current kitchen exhaust system does not include a make-up air unit.
Proiect Goal:
1. Replace existing low pressure steam boiler with new high efficient hot water boiler (existing
boiler and ,radiators will be removed by owner).
2. Replace steam cabinet heaters with hot water type units.
3. Replace existing rooftop units with new high efficiency units (gym).
BARK. L Consulting Engineers = Civic Center Plaza, Suite 002 Mankato, MN 5600i 507.995.4078
4. Replace existing fan coil units with new units with hot water and dx coils. Modify existing
ductwork to accommodate new units.
5. Install new rooftop unit for the Historical Society space.
6. Install new gas fired make-up air unit and ductwork for the kitchen exhaust system.
7. Downsize existing kitchen hood in half and modify existing exhaust to accommodate the hood
change.
8. Abandon piping in tunnel and soff - c ;
9. Install new hot water pipes i tunnel -16 accommodate new equipment.
10. Disconnect and abandon exist)_g pneumatic controls and install new building automation
system with BACNET.
Proiect Schedule:
1. Anticipated Contract Award January 18th, 2012
2. Site visits, design, coordination Last week of January to mid February
3. 50% Construction Document Submittal February 211h, 2012 (or within 25 working days
from contract award)
4. Coordination and finalizing CD End of February to mid March
5. 100% Final Construction Document Submittal March 20'h, 2012 (or within 45 working days
from contract award)
6. Bid Award and Start of Construction April, 2012
7. Construction assistance as necessary April, 2012 to October, 2012
8. Project completion October 15, 2012
Project Phasing:
1. Our team and the owner will come up with a project phasing schedule that will be best fit for the
building usage and occupancy.
Scope of Work:
1. HVAC System Design (Air and Hot Water):
a. Review the existing HVAC plans and specifications.
b. Site visits to confirm the existing system, and space availabilities for the new HVAC
components.
c. Determine mechanical demolition plan.
d. Size HVAC equipment and design layout. Refer to the load calculations, performed by
Wentz Associates and verify numbers.
e. Size and design ductwork to accommodate new equipment.
f. Size hot water piping and design layout.
g. Design sequence of controls for the building automation system.
2. Electrical System Design:
a. Review the existing electrical plans and specifications to understand the electrical
availabilities in the area.
• BARK.L Consulting Engineers ii Civic Center Plaza, Suite ooz Mankato, MN 5600i 507.995.4078
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b. Site visits to confirm the existing system, including surveying the panelboards and circuit
breakers in the area.
c. Determine electrical demolition plan.
d. Design electrical system to accommodate the renovated HVAC system.
3. Architectural and Structural Design (licensed architect and structural engineer will be
contracted as part of the design team):
a. Site visits to verify existing architectural and structural components.
b. Determine necessary architectural and structural design modification to accommodate the
mechanical renovations.
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4. Construction Documents:
a. HVAC and electrical demolition and new plans, details and schedules.
b. HVAC and electrical specifications.
c.. Architectural demolition and new plans, details and schedules.
d. Structural demolition and new plans, details and schedules.
e. Architectural and structural specifications.
5. Product Recommendation:
a. Recommendation of mechanical and electrical products. We will coordinate with you and
recommend products that will provide you with the system that is most efficient, cost
effective and practical.
b. We will also recommend products and systems that are maintenance friendly. We believe
that no system is a good system if it cannot be serviced and maintained easily.
6. Bidding Assistance:
a. Answering questions during bidding.
b. Shop drawing reviews.
Fees:
1. Mechanical, Electrical, Structural Engineering and Architectural Design, including five (5) sets
of complete CD and Bidding Assistance (including up to #6 above).
$18,500.00
2. Additional construction administration as required.
Time and Material Not to Exceed $4,000.00
Construction Administration includes:
a. Necessary site visits and meetings.
b. All phone and e-mail coordination with the contractor and owner.
BARK.L Consulting Engineers ii Civic Center Plaza, Suite 002 Mankato, MN 5600i 507.995.4078
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BARK LN
c. Writing up any PRs, Sis, Change Orders, etc.
d. Final Walk through.
Should you have any questions, please feel free to contact us. Thank you again for the
opportunity to present this proposal.
Sincerely,
Kaeko Leitch, PE, LEED AP
Mechanical and Electrical Engineer
Attachment — Selected Past Project List
BARK.L Consulting Engineers ii Civic Center Plaza, Suite 002 Mankato, MN 56003. 507.995.4078
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BARK.L Consulting Engineers. LLC.
Selected Past Prgiect List
As of December 29, 2011
* Performed under previous employment
Healthcare:
Lake Crystal Clinic, Lake Crystal, MN
New Ulm Medical Center, New Ulm, MN
Mercy Hospital RTU Addition, Coon Rapids, MN
APM, Mankato, MN*
Murray County Medical Center, Slayton, MN*
Paynesville Area Health Care System, Paynesville, MN*
Minnesota Valley Health Care Center, Le Sueur, MN*
Cross Road Medical Center, Faribault, MN*
Wornson-Polzin Dental Lab, North Mankato, MN*
District One Hospital, Faribault, MN*
ISJ Mayo Hospital, Mankato, MN*
ISJ East Ridge Clinic, Mankato, MN*
Trail Creek Dental Office, Mankato, MN*
St. Peter Regional Treatment Center, St, Peter, MN*
VetRx, St. Peter, MN*
Assisted Living/Nursing Home/Apartment/Dormitories:
Welcome to Our Home, Superior, WI (current)
Belgrade Business Center, North Mankato, MN (current)
Gus Johnson and Colonial Square Renovations, Mankato, MN
• Marigold Phase 11, North Mankato, MN
Welcome Manor, Garden City, MN
225 Belgrade Avenue, North Mankato, MN
Lakeside Manor, Redwood Falls, MN
Mountain Lake 4-Plex, Mountain Lake, MN
Marigold Commercial/Condominium, North Mankato, MN*
Bunting Lane Retail/ Apartment, Mankato, MN*
Parkview Manor Apartment Remodel, St Peter, MN*
Garnett Garden Catered Living Community Addition, Redwood Falls, MN*
Ross Park Apartment Renovation, Sleepy Eye, MN*
Maple Terrace Apartment Renovation, Waseca, MN*
Three Links Care Center, Northfield, MN*
Benedictine Living Community, St. Peter, MN*
Harry Meyering Center, Mankato, MN*
Del Sand Assisted Living, Le Sueur, MN*
Prairie Manor Care Center, Blooming Prairie, MN*
University Square Apartments, Mankato, MN*
Bethany Lutheran College Student Housing, Mankato, MN*
Viking Terrace Apartments, Worthington, MN*
St. Peter Regional Treatment Center, St. Peter, MN*
Retail/Restaurant/Bar &Grill/Auto Dealership/Golf Club/Misc.:
KFC/Taco Bell, New Ulm, MN (current)
Lava Java Renovation, Mankato, MN (current)
Body Beautiful Spa, Mankato, MN
Jake's Stadium Pizza, St. Peter, MN (current)
Pho Sigon Restaurant, Mankato, MN
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Mankato Quick Lube, Mankato, MN
Luther Honda Renovations, Mankato, MN
St. Peter Food Co-op, St. Peter, MN
Ron's Repair, Worthington, MN
Hostess Building Renovations (New Nail Salon), Mankato, MN
Buzz Hair Salon Renovations, Mankato, MN
Sweet Sounds, Mankato, MN
Plaza Morena Mexican Restaurant, Owatonna, MN (current)*
CJ's Bar and Grill Remodel, Minneota, MN*
Jake's Stadium Pizza, Mankato, MN*
Bunting Lane Tenant/ Apartment, Mankato, MN*
Campus Cottage Community Building, Mankato, MN*
Hunan Lion, Marshall, MN*
Pizza Ranch, Rapid City, SD*
Pizza Ranch, Dickinson, ND*
Pizza Ranch, Mankato, MN*
Pizza Ranch, Waite Park, MN*
Pizza Ranch, Orange City, IA*
Eagles Club Kitchen Remodel, Mankato, MN*
Subway Restaurant, Montgomery, MN*
Subway Restaurant, Lonsdale, MN*
Toppers Pizza, Mankato, MN*
Cactus Tattoo, Mankato, MN*
Chevy's Bar and Grill, Mankato, MN*
The Crossing Ice Cream Parlor, Northfield, MN*
Heintz Toyota, Mankato, MN*
DJ's Restaurant, New Ulm, MN*
Channel Inn Bar and Grill, Warsaw, MN*
Farmington Strip Mall, Farmington, MN*
The Links at Northfork, Ramsey, MN*
Chanhassen Club House, Chanhassen, MN*
Hickory Tech, Mankato, MN*
Fairmont Work Force Center, Fairmont, MN*
University Square Mall, Mankato, MN*
Financial Institution:
Larson Allen, Mankato, MN*
Eide Bailly, Mankato, MN*
Sweet Financial, Fairmont, MN*
Profinium Financial, Owatonna, MN*
Round Bank, Farmington, MN*
Wells Federal, Albert Lea, MN*
Liturgical:
Elevate Church, Mankato, MN (current)
St. John the Baptist Catholic Church, Mankato, MN (current)
Hosanna Lutheran Church, Mankato, MN
New Creation Church Remodel, North Mankato, MN*
St. Mary's Church Remodel, New Ulm, MN*
St. Joseph the Worker, Mankato, MN*
St Paul's Lutheran, Waseca, MN*
St Peter and Paul, Mankato, MN*
La Puerta Abierta, St. Paul, MN*
Living Word Church, MN*
Mankato Quick Lube, Mankato, MN
Luther Honda Renovations, Mankato, MN
St. Peter Food Co-op, St. Peter, MN
Ron's Repair, Worthington, MN
Hostess Building Renovations (New Nail Salon), Mankato, MN
Buzz Hair Salon Renovations, Mankato, MN
Sweet Sounds, Mankato, MN
Plaza Morena Mexican Restaurant, Owatonna, MN (current)*
CJ's Bar and Grill Remodel, Minneota, MN*
Jake's Stadium Pizza, Mankato, MN*
Bunting Lane Tenant/ Apartment, Mankato, MN*
Campus Cottage Community Building, Mankato, MN*
Hunan Lion, Marshall, MN*
Pizza Ranch, Rapid City, SD*
Pizza Ranch, Dickinson, ND*
Pizza Ranch, Mankato, MN*
Pizza Ranch, Waite Park, MN*
Pizza Ranch, Orange City, IA*
Eagles Club Kitchen Remodel, Mankato, MN*
Subway Restaurant, Montgomery, MN*
Subway Restaurant, Lonsdale, MN*
Topper's Pizza, Mankato, MN*
Cactus Tattoo, Mankato, MN*
Chevy's Bar and Grill, Mankato, MN*
The Crossing Ice Cream Parlor, Northfield, MN*
Heintz Toyota, Mankato, MN*
DJ's Restaurant New Ulm, MN*
. Channel Inn Bar and Grill, Warsaw, MN*
Farmington Strip Mall, Farmington, MN*
The Links at Northfork, Ramsey, MN*
Chanhassen Club House, Chanhassen, MN*
Hickory Tech, Mankato, MN*
Fairmont Work Force Center, Fairmont, MN*
University Square Mall, Mankato, MN*
Financial Institution:
Larson Allen, Mankato, MN*
Eide Bailly, Mankato, MN*
Sweet Financial, Fairmont MN*
Profinium Financial, Owatonna, MN*
Round Bank, Farmington, MN*
Wells Federal, Albert Lea, MN*
Liturgical:
Elevate Church, Mankato, MN (current)
St John the Baptist Catholic Church, Mankato, MN (current)
Hosanna Lutheran Church, Mankato, MN
New Creation Church Remodel, North Mankato, MN*
St. Mary's Church Remodel, New Ulm, MN*
St Joseph the Worker, Mankato, MN*
St Paul's Lutheran, Waseca, MN*
St. Peter and Paul, Mankato, MN*
La Puerta Abierta, St. Paul, MN*
Living Word Church, MN*
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Department of Health, Mankato, MN*
Mankato Housing Garage Addition, Mankato, MN*
Department of Labor and Industry, Mankato, MN*
Wells Depot Historical Society, Wells, MN*
City of New Ulm Park Shelter Remodel, New Ulm, MN*
City of Hampton Fire Station, Hampton, MN*
Minnesota Lake City Building Feasibility Study, MN Lake, MN*
Prior Lake Fire Station, Prior Lake, MN*
Annandale Fire Station, Annandale, MN*
Frost Fire Station, Frost, MN*
Blue Earth County Hazardous Material Storage, Mankato, MN*
Martin County Historical Society, Fairmont, MN*
Minnesota Department of Transportation, Windom, MN*
Cottonwood County Court House, Windom, MN*
Waseca Depot, Waseca, MN*
Watonwan County Jail, St. lames, MN*
Offices:
FPX Office Remodel, Bloomington, MN
Hugo Bduiling, Mankato, MN
Zachett Office Building, Mankato, MN
Belgrade Business Center, North Mankato, MN (current)
225 Belgrade Avenue, North Mankato, MN
MRCI Renovations, Mankato, MN
Hoffman Center, St. Peter, MN*
Crossroads Center Tenant Build -Out, Mankato, MN*
Department of Health, Mankato, MN*
Turning Point, Mankato, MN*
MRCI HVAC Renovation, New Ulm, MN*
Larson Allen, Mankato, MN*
Eide Bailly, Mankato, MN*
The Crossing Office, Northfield, MN*
Cottonwood County Court House, Windom, MN*
The State Bank of Faribault Emporium Office Building, Faribault, MN*
Katolight, Mankato, MN*
MRCI, Rosemont, MN*
Sweet Financial, Fairmont, MN*
MSU Wigley Administration Building, Mankato, MN*
Profinium Bank, Owatonna, MN*
Wells Federal Bank, Albert Lea, MN*
Industrial/Manufacuring/Garages:
MRCI Office Area Renovation, Mankato MN (current)
Kato Engineering, Mankato, MN
Mayo Hangar, Mankato, MN
Accraply Steam Extraction, Plymouth MN
MRCI Cafeteria Renovation, Mankato, MN*
Frito Lay, Mankato, MN*
Creation Technologies, St Peter, MN*
Lower Sioux Maintenance Building, Morton, MN*
Heintz Toyota, Mankato, MN*
Niles -Wiese Shop, Northfield, MN*
All Flex Acquisitions, Northfield, MN*
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BARK.L Consulting Engineers, LLC
Agreement
AGREEMENT made as of the seventeenth day of January in the year 2012.
BETWEEN the Owner:
CITY OF HOPKINS
11100 Excelsior Blvd
Hopkins, MN 55317
Telephone (952) 548-6378
and the Prime Engineer:
BARK.L CONSULTING ENGINEERS
11 Civic Center Plaza, Suite 002
Mankato, MN 56001
Telephone (507) 995-4078
In this Agreement, the party who is contracting to receive services shall be referred to as
• "OWNER", and the party who will be providing the services shall be referred to as "BARK.L".
Consultant's Discipline: HVAC, Plumbing, and Electrical Engineering
Licensed Structural Engineer and Architect will be contracted under
BARK.L as necessary.
This agreement is known as the PRIME AGREEMENT.
For the following project: CIYT OF HOPKINS ACTIVITY CENTER HVAC RENOVATIONS
Therefore, the parties agree as follows:
ARTICLE 1 GENERAL PROVISIONS
1. BARK.L shall provide the following engineering/architectural services.
A. HVAC, Electrical, Structural Engineering and Architectural Construction
Document Phase
HVAC System Design (Air and Hot Water):
a. Review the existing HVAC plans and specifications.
b. Site visits to confirm the existing system, and space availabilities for the new
HVAC components.
Engineer — Owner Agreement Page 1
c. Determine mechanical demolition plan.
d. Size HVAC equipment and design layout. Refer to the load calculations
performed by Wentz Associates and verify numbers.
e. Size and design ductwork to accommodate new equipment.
f. Size hot water piping and design layout.
g. Design sequence of controls for the building automation system.
Electrical System Design.
a. Review the existing electrical plans and specifications to understand the
electrical availabilities in the area.
b. Site visits to confirm the existing system, including surveying the panelboards
and circuit breakers in the area.
c. Determine electrical demolition plan.
d. Design electrical system to accommodate the renovated HVAC system.
Architectural and Structural Design (licensed architect and structural engineer will
be contracted as part of the design team):
a. Site visits to verify existing architectural and structural components.
b. Determine necessary architectural and structural design modification to
accommodate the mechanical renovations.
Construction Documents: •
a. HVAC and electrical demolition and new plans, details and schedules.
b. HVAC and electrical specifications.
c. Architectural demolition and new plans, details and schedules.
d. Structural demolition and new plans, details and schedules.
e. Architectural and structural specifications.
Product Recommendation:
a. Recommendation of mechanical and electrical products. We will coordinate
with you and recommend products that will provide you with the system that is
most efficient, cost effective and practical.
b. We will also recommend products and systems that are maintenance friendly.
We believe that no system is a good system if it cannot be serviced and
maintained easily.
Bidding Assistance:
a. Answering questions during bidding.
b. Shop drawing reviews.
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Engineer - Owner Agreement Page 2
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B. Construction Administration Phase
All Disciplines.
a. Necessary site visits and meetings.
b. All phone and e-mail coordination with the contractor and owner.
c. Writing up any PRs, SIs, Change Orders, etc.
d. Final Walk through.
ARTICLE 2 PRIME ENGINEER'S SERVICES
1. BARK.L shall perform its services consistent with the professional skill and care
ordinarily provided by professionals practicing in the same or similar locality under the
same or similar circumstances. BARK.L shall perform its services as expeditiously as is
consistent with such professional skill and care and the orderly progress of the Project.
2. BARK.L shall throughout all Phases of the work coordinate closely with Owner's
designated representatives. Owner's project representative (the "Project Manager") shall
be BARK.L's prime contact and will designate other appropriate representatives of
Owner. All correspondence or other documents or materials shall be directed to the
• Project Manager except as he or she may authorize in writing.
3. BARK.L shall recommend to the Owner the appropriate investigations, surveys, tests,
analyses, reports, and services of other consultants, if necessary, that should be obtained
for the proper execution of BARK.L's services.
4. BARK.L shall coordinate its services with those of the other subconsultants in order to
avoid unreasonable delay in the orderly and sequential progress of the subconsultants'
services. BARK.L shall coordinate all aspects of its design with the Work designed by
the subconsultants, as necessary for the proper coordination of the Project.
5. BARK.L shall provide copies of drawings, reports, specifications and other necessary
information to the sub -consultants.
6. BARK.L shall not be responsible for the acts or omissions of the subconsultants,
Contractor, Subcontractors, Their agents or employees, or other persons performing any
of the Work. BARK.L shall provide prompt written notice to the other Consultants,
Contractor, Subcontractors, Their agents or employees if the BARK.L becomes aware of
any errors, omissions or inconsistencies in the services.
ARTICLE 3 PRIME ENGINEER'S RESPONSIBILITIES
1. BARK.L shall provide the Owner with the same professional services for the Project as
• described in General Provisions.
Engineer — Owner Agreement Page 3
2. BARK.L is and will continue to be properly qualified, licensed, financed, organized and •
equipped to perform the Services and its other obligations under this Agreement.
BARK.L shall have the status of and act as an independent contractor maintaining
complete control over its employees, agents and representatives.
3. The Services and BARK.L's performance under this Agreement shall be in accordance
with the professional practices, standards and codes and with the skill and diligence of a
recognized professional engineer or architect, of a good and workmanlike character, and
in compliance with all applicable federal, state, and local laws, ordinances and
regulations in force at the time services are performed and the rules and regulations of all
applicable governmental authorities having jurisdiction over all or part of the Services or
the Project. BARK.L acknowledges that the Owner is relying upon the accuracy,
competence, and completeness of Engineer/Architect in performing the Services.
BARK.L represents and warrants that all engineering and architectural services required
by Minnesota law to be performed by engineers and architects licensed to practice in
Minnesota State will be so performed, and that all Drawings and Specifications prepared
by engineers and architects will be stamped and sealed by Minnesota -licensed
professionals as required by Minnesota law.
4. Upon request of the Owner, BARK.L shall furnish to the Owner, with reasonable
promptness, interpretations to the Contract Documents prepared by the subconsultant.
5. BARK.L within time limits agreed upon or otherwise with reasonable promptness, render •
written recommendations on claims, disputes and other matters in question between the
Owner and Contractor relating to the execution or progress of the Project as provided by
the Contract Documents.
6. BARK.L shall assist the Owner in determining whether the Owner shall reject Work for
the Project which does not conform to the Contract Documents or whether additional
inspection or testing is required.
7. BARK.L shall maintain the following insurance for the duration of this Agreement: Refer
to the attached Insurance Certificate.
a. General Liability
a. GENERAL CASUALTY Policy 4CCS086985110
b. Worker's Compensation
a. GENERAL CASUALTY Policy #CWC091783310
c. Professional Liability
a. NEW HAMPSHIRE Policy #64201937
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ARTICLE 4 ADDITIONAL SERVICES
1. If additional services is necessary during and/or after the project and the service was not
described in the Article 1 or /and project proposal, a separate contract shall be written and
signed by the Owner before BARK.L proceed to work the additional service.
ARTICLE 5 COPYRIGHTS AND LICENSES
1. Upon execution of this agreement, BARK.L grants to the Owner a license to use
BARK.L Instruments of Services.
2. BARK.L shall maintain on file and make available to the Owner design calculations for
the Project.
3. BARK.L shall maintain on file and make available to the Owner all Construction
Documents, including plans and specifications, in pdf and/or AutoCAD format.
ARTICLE 6 THE OWNER'S RESPONSIBILITIES
1. The Owner shall provide full information regarding requirements for the Project and will
• cooperate with BARK.L during the project to set forth the Owner's design objectives,
constraints and criteria, including special equipment and systems and site requirements.
2. If the Owner provides a budget for the Project it shall include contingencies for bidding,
changes in the Work during construction, and other costs which are the responsibility of
the Owner.
3. The Owner shall designate, when necessary, a representative authorized to act in the
Owner's behalf with respect to the Project. The Owner or such authorized representative
shall examine the documents submitted by the BARK.L and shall render decisions
pertaining thereto promptly, to avoid unreasonable delay in the progress of the BARK.L's
services.
4. The Owner shall furnish structural, mechanical, chemical and other laboratory tests,
inspections and reports as required by law or the contract documents.
5. The Owner shall furnish all legal, accounting and insurance counseling services as may
be necessary at any time for the Project, including such auditing services as the Owner
may require to verify the contractor's Applications for Payment or to ascertain how or for
what purposes the contractor uses the moneys paid by or on behalf of the Owner.
6. The services, information, and reports required by Paragraphs 4 through 5 inclusive shall
be furnished at the Owner's expense, and the BARK.L shall be entitled to rely upon the
• accuracy and completeness thereof.
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7. If the Owner observes or otherwise becomes aware of any fault or defect in the Project or
nonconformance with the Contract Documents, prompt written notice thereof shall be
given by the Owner to BARK.L.
8. The Owner shall furnish required information and services and shall render approvals and
decisions as expeditiously as necessary for the orderly progress of the BARK.L's services
and of the Work.
ARTICLE 7 CLAIMS AND DISPUTES
1. The Owner and BARK.L shall commence all claims and causes of action, whether in
contract, tort, or otherwise, against the other arising out of or related to this Agreement in
accordance with the requirements of the method of binding dispute resolution selected in
this Agreement within the period specified by applicable law.
2. To the extent damages are covered by property insurance, the Owner and BAK.L waive
all rights against each other and against the contractors, subconsultants, agents and
employees of the other for damages, except such rights as they may have to the proceeds
of such insurance as set forth in the General Construction Contract Conditions. The
Owner or the BANK.L, as appropriate, shall require of the contractors, subconsultants,
agents and employees of any of them similar waivers in favor of the other parties
enumerated herein. BARK.L's obligations under this Article 7 shall survive completion •
of BARK.L's services under this Agreement or the termination of this Agreement.
ARTICLE 8 MEDIATION
Any claim, dispute or other matter in question arising out of or related to this Agreement
may, with the written consent of the Owner and BARK.L be subject to mediation as a
condition precedent to further dispute resolution. If such matter relates to or is the
subject of a lien arising out of BARK.L's services, BARK.L may proceed in accordance
with applicable law to comply with the lien notice or filing deadlines prior to resolution
of the matter by mediation or by binding dispute resolution.
2. The Owner and BARK.L shall, upon mutual agreement, endeavor to resolve claims and
other matters in question between them by mediation which, unless the parties mutually
agree otherwise, shall be conducted in accordance with the American Arbitration
Association Construction Industry Mediation Procedures in effect on the date of the
Agreement. A request for mediation shall be made in writing, delivered to the other party
to the Agreement, and filed with the person or entity administering the mediation. The
request may be made concurrently with any other appropriate demand for binding dispute
resolution or litigation but, in such event, mediation for a period of 60 days from the date
of filing, unless stayed for a longer period by agreement of the parties or court order. If
an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless
proceed to the selection of the arbitrator(s) and agree upon a schedule for later
proceedings. •
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3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in the place where the Project is located, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof if the parties to the mediation agree to
such enforcement and such agreement is documented in the mediators report.
ARTICLE 9 ARBITRATION
Upon mutual agreement the Owner and BARK.L may select non-binding arbitration as
the method for dispute resolution in this Agreement, which, unless the parties mutually
agree otherwise, shall be conducted in accordance with the American Arbitration
Association Construction Industry Arbitration Rules in effect on the date of this
Agreement. A demand for arbitration shall be made in writing, delivered to the other
party to this Agreement, and filed with the person or entity administering the arbitration.
2. A demand for arbitration shall be made no earlier than concurrently with the filing of a
request for mediation, but in no event shall it be made after the date when the institution
of legal or equitable proceedings based on the claim, dispute or other matter in question
would be barred by the applicable statute of limitations. For statute of limitations
purposes, receipt of a written demand of arbitration by the person or entity administering
the arbitration shall constitute the institution of legal or equitable proceedings based on
• the claim, dispute or other matter in question. The party filing a notice of demand for
arbitration must assert in the demand all claims, disputes, or other matters then known to
that party on which arbitration is permitted to be demanded.
3. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional
person or entity duly consented to by parties to this Agreement shall only be enforceable
in accordance with applicable law in any court having jurisdiction thereof if the parties to
the arbitration agree to such and such agreement is documented in the arbitrator's
decision.
4. The award rendered by arbitrator(s) shall only be final, and binding if the parties to the
arbitration agree to such and such agreement is documented in the arbitrator's decision.
ARTICLE 10 TERMINATION OR SUSPENSION
1. This Agreement may be terminated by either party upon seven days' written notice
should the other party fail substantially to perform in accordance with its terms through
no fault of the party initiating the termination.
2. This Agreement may be terminated by the Owner upon at least seven days' written notice
to BARK.L in the event that the Project is permanently abandoned.
3. This Agreement maybe terminated at anytime by the Owner upon thirty (30) days prior
written notice.
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4. In the event of termination or suspension not the fault of BARK.L, BARK.L shall be
compensated for services performed prior to such termination or suspension. BARK.L
shall not be entitled to any anticipated profits or consequential damages.
ARTICLE 11 MISCELLANEUS PROVISIONS
BARK.L binds itself, its agents, successors, assigns and legal representatives to this
Agreement. BARK.L shall not assign this Agreement without the written consent of the
Owner.
2. 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 Owner or BARK.L.
3. Unless otherwise required in this Agreement, the Architect and BARK.L shall have no
responsibility for the discovery, presence, handling, removal or disposal of, or exposure
of persons to, hazardous materials or toxic substances in any form at the Project site.
4. If BARK.L receives information specifically designated by the other party as
"confidential" or "business proprietary', the receiving party shall keep such information
strictly confidential and shall not disclose it to any other person except to (1) its
employees, (2) those who need to know the content of such information in order to
perform services or construction solely and exclusively for the Project, or (3) its •
consultants and contractors whose contractors include similar restrictions on the use of
confidential information.
ARTICLE 12 CONPENSASION
1. Consideration for all services performed and goods or materials supplied by BARK.L
pursuant to this contract shall be paid by the Owner as follows:
2. Compensation of eighteen thousand five hundred dollars and zero cents ($18,500.00) for
the HVAC, Electrical, Structural Engineering and Architectural Construction Document
Phase as indicated in the Article 1.
3. Compensation of a Time and Material not to exceed four thousand dollars and zero cents
($4,000) for the Construction Administration Phase indicated in Article 1.
4. Reimbursement for travel and subsistence expenses actually and necessarily incurred by
BARK.L in performance of this contract in an amount not to exceed $0.00.
5. The total obligation of the Owner for all compensation and reimbursement to BARK.L
shall not exceed $0.00 .
6. Payment shall be made promptly after BARK.L's presentation of invoices for services
performed. Invoices shall be presented by BARK.L according to the following schedule: •
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Monthly, as a percentage of said service being completed, and when contracted services
are complete to both parties' satisfaction.
ARTICLE 13 PAYMENTS TO THE SONCULTANT
1. BARK.L shall submit invoices for services in accordance with the provisions of this
Agreement. The Owner shall review such invoices and, if they are considered incorrect
or untimely, the Owner shall, within ten days from receipt of BARK.L's billing, review
the matter with BARK.L and confirm in writing to BARK.L the Owner's understanding
of the disposition of the issue.
2. Payments to BARK.L shall be made promptly according to the date and times set forth on
the invoices.
ARTICLE 14 SCOPE OF THE AGREEMENT
1. This agreement represents the entire and integrated agreement between the Owner and
BARK.L and supersedes all prior negotiations, representations or agreements, either
written or oral. This agreement may be amended only by written instrument signed by
both Owner and BARK.L. If any changes are made in regards to said, BARK.L has the
right to renegotiate said compensation and said Agreement.
2. If any provision of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court
finds that any provision of this Agreement is invalid or unenforceable, but that by
limiting such provision it would become valid and enforceable, then such provision shall
be deemed to be written, construed, and enforced as so limited.
3. The failure of either party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
4. This Agreement shall be governed by the laws of the State of Minnesota.
This Agreement entered into as of the day and year first written above.
OWNER (Signature)
0 (Printed name and title)
Engineer - Owner Agreement
BARK.L (Signature)
(Printed name and title)
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