HomeMy WebLinkAbout8A - CSAH 42 / CSAH 83 Improv
CITY COUNCil AGENDA REPORT
DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
SUBJECT:
DISCUSSION:
SEPTEMBER 3, 2002
8A
LARRY POPPlER, ASSISTANT CITY ENGINEER
SUE MCDERMOTT, CITY ENGINEER
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING
EXECUTION OF STANDARD PROFESSIONAL AGREEMENT
WITH BONESTROO ROSENE ANDERLlK AND ASSOCIATES,
INC. (BRAA) TO PROVIDE CONSTRUCTION INSPECTION AND
CONSTRUCTION STAKING FOR CSAH 42 AND CSAH 83
UTILITY IMPROVEMENTS (CITY PROJECT #02-07)
HISTORY
The City of Prior lake has been working with SMSC (Shakopee
Mdewakanton Sioux Community) and Scott County Highway
Department on roadway and utility improvements for CSAH 42
from McKenna to 1707 feet west of CSAH 83, CSAH 83 from
CSAH 42 to 2916 feet south, and CSAH 83 from CSAH 42 to
1854 feet north. Improvements planned for CSAH 83 and CSAH
42 are included in the approved Capital Improvement Program.
The City Council adopted Resolutions 02-36 and 02-37 on March
18, 2002, approving plans and specifications for the CSAH 42 and
CSAH 83 improvements. The City Council adopted Resolution
02-103 on June 24, 2002 approving the cooperative agreement
with Scott County relating to the construction of the CSAH 42 and
CSAH 83 improvement project. The bid documents were
completed and the project was bid on August 20, 2002.
CURRENT CIRCUMSTANCES
Due to staffing and work load issues, it will be necessary to hire a
consulting firm to complete both the construction staking and
construction inspection for this project.
BRAA prepared the plans and specifications and are familiar with
the project. Staff requested a proposal from BRAA for
construction staking and construction inspection.
Because of their familiarity with the project, Staff recommends
hiring BRAA to perform construction surveying and inspection.
They proposed to bill the City in an amount not to exceed
$107,000 ($62,000 for inspection and $45,000 for staking).
162~1ia~g@mIa~{J2 ~i.s3Pa3f1StW~tanMila~FJOO 553112-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The amount of $107,000 equates to approximately 10% of the
construction cost which is reasonable for a project of this size.
CONCLUSIONS
Staff recommends that the Council execute a contract for
construction inspection and construction staking with BRAA, Inc.
FINANCIAL IMPACT:
The cost for construction inspection and staking in the amount of
$107,000 will be funded through the Trunk Reserve Fund.
ALTERNATIVES:
There are three alternatives for the City Council to consider:
1. Approve a resolution executing a contract for construction
inspection and construction staking with BRAA, Inc.
2. Deny this item for a specific reason and provide staff with
direction.
3. Table this item until some date in the future.
RECOMMENDED
MOTION:
Alternate 1 - A motion and second to adopt a resolution executing
a contract for construction staking and construction inspection
with BRAA, Inc.
REVIE
REVIEWED BY
G:\Agenda\Agenda02\02 42&83 canst insp and stake.DOC 2
J15
RESOLUTION 02,
RESOLUTION AUTHORIZING EXECUTION OF STANDARD PROFESSIONAL SERVICES
AGREEMENT WITH BONESTROO ROSENE ANDERLlK AND ASSOCIATES, INC. (BRAA)
TO PROVIDE CONSTRUCTION INSPECTION AND CONSTRUCTION STAKING FOR CSAH
42 AND CSAH 83 UTILITY IMPROVEMENTS (CITY PROJECT #02-07)
MOTION BY: LL SECOND BY: J P
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
The City of Prior Lake and Scott County desire to complete improvements
to County State Aid Highway No. 42 from 1,707 feet west of CSAH 83 to
McKenna Road and County State Aid Highway No. 83 from 2,916 feet
south of CSAH 42 and 1,854 feet north of CSAH 42; and
Due to staffing work load issues, it will be necessary to hire a consulting
firm to complete both the construction inspection and construction
surveying for this project; and
The City Council adopted Resolution 02-103 entering into a Cooperative
Agreement with Scott County for the construction of CSAH 42 and CSAH
83; and
Pursuant to Minnesota Statute and City Purchasing Policy the project was
bid following preparation of plans and specifications and public notice and
the project has been awarded to the lowest responsible bidder; and
It is therefore appropriate to select a firm to complete construction
inspection and construction staking.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA, that
1. The recitals set forth above are incorporated herein.
2. The Mayor and City are hereby authorized to execute a contract between the City of
Prior Lake and Bonestroo, Rosene, Anderlik, and Associates, Inc. for construction
inspection and construction staking for CSAH 42 and CSAH 83 utility improvements in
the amount not to exceed $107,000.
3. Funds for this expedition are hereby authorized from the Trunk Reserve Fund.
Passed this 3rd day of September 2002.
162~\1oW&~~p&st~(lS~.~e, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
..,_ ._ _.._.__~___.,._,._.___<.".,._~_.._.,____,...~.,,,."_,,..,_.._.__~_."~_ ~_,,_,,_,'__"_""__'._____~'_"__"~'W'~'__'_"_'_""~'.",.,_"._..".____~__,._.____.".....
YES
NO
Hauqen Hauqen
Gundlach Gundlach
LeMair LeMair
Petersen Petersen
Zieska Zieska
{ Seal }
City Manager
G:\Resolution \ResoI02\insp&stake 42&83.DOC
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the September 3, 2002, between the City of Prior Lake,
Minnesota (hereinafter "City"), whose business address is 16200 Eagle Creek Avenue S.E.,
Prior Lake, MN 55372-1714, and Bonestroo Rosene Anderlik & Associates (BRAA), a
Minnesota corporation (hereinafter "Consultant") whose business address is 2335 W. Highway
36, St. Paul, MN 55113.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms or
corporations providing such services enter into written agreements with the City. The purpose of
this agreement is to set forth the terms and conditions for the provision of construction staking
and inspection professional services by Consultant for CSAH 42 and CSAH 83 Utility
Improvements (City Project #02-07) hereinafter referred to as the "Work".
The City and Consultant agree as follows:
1 . Scope of Work. The Consultant agrees to provide the professional services shown in
Exhibit "A" in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services
described in Exhibit A between September 3, 2002 and October 30, 2003 unless
otherwise agreed upon in writing.
3. Compensation for Services. City agrees to pay the Consultant $107,00.00 for the
services as described in Paragraph 1 (and Exhibit A).
A. Any changes in the scope of the work which may result in the compensation due
the Consultant shall require prior written approval by an authorized representative
of the City or by the City Council. The City will not pay additional compensation for
services that do not have prior written authorization.
last revised Oct. 2000
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AN EQUAL OPPOR1UNITY EMPLOYER
B. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
C. City agrees to pay Consultant for extra services by the Consultant or Special
Consultants when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the
Scope of the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be
necessary the City shall obtain access to and make all provisions for the
Consultant to enter upon public and private lands or property as required for the
Consultant to perform such services necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and shall inform the Consultant of all decisions
required of City within a reasonable time so as not to delay the work of the
Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard of
criteria, including but not limited to, design and construction standards they may
require in the preparation of the report for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's
representative with respect to the work to be performed under this Agreement. He
or she shall have complete authority to transmit instructions, receive information,
interpret, and define the City's policy and decisions with respect to the services
provided or materials, equipment, elements and systems pertinent to the work
covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis,
itemized bills for professional services performed under Section 4 of this Agreement. Bills
submitted shall be paid in the same manner as other claims made to the City.
A. Proqress Payment. For work reimbursed on an hourly basis, the Consultant shall
indicate for each employee, his or her name, job title, the number of hours worked,
rate of pay for each employee, a computation of amounts due for each employee,
and the total amount due for each project task. Consultant shall verify all
statement submitted for payment in compliance with Minnesota Statutes Sections
471.38 and 471.391. For reimbursable expenses, if permitted in Exhibit A, the
Consultant shall provide such documentation as reasonably required by the City.
B. Abandoned or Suspended Work. If any work performed by the Consultant is
abandoned or suspended in whole or in part by the City, the Consultant shall be
paid for any services performed on account of it prior to receipt of written notice
last revised Oct. 2000
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from the City of such abandonment or suspension, all as shown on Exhibit A
attached hereto and incorporated herein by reference.
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be
reimbursed for the work of special consultants, as described in Section 3B, and for
other items when authorized in writing by the City. Such items shall include:
transportation of principals and employees on special trips to the Project or to
other locations, materials and supplies, and AutoCAD as required to expedite the
work, and reproduction of reports.
7. Project Manager and Staffing. The Consultant has designated Mike Hirsch, Bruce
Murray, and David Eickman to serve on the Project. They shall be assisted by other staff
members as necessary to facilitate the completion of the Project in accordance with the
terms established herein. Consultant may not remove or replace Mike Hirsch, Bruce
Murray, or David Eickman from the Project without the approval of the City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in
accordance with the standard of care in Scott County, Minnesota for professional services
of the like kind..
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents
reasonable access to such of the Consultant's books and records as are pertinent to all
services provided under this Agreement. Any reports, information, data, etc. given to, or
prepared or assembled by, the Consultant under this Agreement which the City requests
to be kept confidential shall not be made available to any individual or organization
without the City's prior written approval. All finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs, and reports prepared by the
Consultant shall become the property of the City upon termination of this Agreement, but
Consultant may retain copies of such documents as records of the services provided.
10. Term. The term of this Agreement shall be from September 3, 2002 through, October 30,
2003 the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period as they
deem appropriate, and upon the terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days'
written notice delivered to the other party at the address written above. Upon termination
under this provision if there is no fault of the Consultant, the Consultant shall be paid for
services rendered and reimbursable expenses until the effective date of termination. If
however, the City terminates the Agreement because of the Consultant has failed to
perform in accordance with this Agreement, no further payment shall be made to the
Consultant, and the City may retain another contractor to undertake or complete the work
identified in Paragraph 1. If as a result, the City incurs total costs for the work (including
payments to both the present contractor and a future contractor) which exceed a
maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant
shall be responsible for the difference between the cost actually incurred and the
Agreement amount.
last revised Oct. 2000
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12. Subcontractor. The Consultant shall not enter into subcontracts for services provided
under this Agreement except as noted in the Scope of Work, without the express written
consent of the City. The Consultant shall pay any subcontractor involved in the
performance of this Agreement within the ten (10) days of the Consultant's receipt of
payment by the City for undisputed services provided by the subcontractor. If the
Consultant fails within that time to pay the subcontractor any undisputed amount for
which the Consultant has received payment by the City, the Consultant shall pay interest
to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay
the actual interest penalty due to the subcontractor. A subcontractor who prevails in a
civil action to collect interest penalties from the Consultant shall be awarded its costs and
disbursements, including attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be
construed so as to find the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, or age. The Consultant shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination
clause and stating that all qualified applicants will receive consideration for employment.
The Consultant shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work, and will require all of its subcontractors for such work to
incorporate such requirements in all subcontracts for program work.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating
to the subject matter hereof as well as any previous agreements presently in effect
between the parties relating to the subject matter hereof. Any alterations, amendments,
deletions, or waivers of the provisions of this Agreement shall be valid only when
expressed in writing and duly signed by the parties, unless otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the
last revised Oct. 2000
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provisions of services to be provided. Any violation shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall
not affect, in any respect, the validity of the remainder of this Agreement.
21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers,
and employees harmless from any liability, claims, damages, costs, judgments, or
expenses, including reasonable attorney's fees, resulting directly or indirectly from an act
or omission (including without limitation professional errors or omissions) of the
Consultant, its agents, employees, or subcontractors in the performance of the services
provided by this Agreement and against all losses by reason of the failure of said
Consultant fully to perform, in any respect, all obligations under this Agreement.
22. Insurance.
A. General Liabilitv. During the term of this Agreement, Consultant shall maintain a
general liability insurance policy with limits of at least $600,000 for each person,
and each occurrence, for both personal injury and property damage. This policy
shall name the City as an additional insured for the services provided under this
Agreement and shall provide that the Consultant's coverage shall be the primary
coverage in the event of a loss. The policy shall also insure the indemnification
obligation contained in Paragraph No. 21. A certificate of insurance on the City's
approved form which verifies the existence of this insurance coverage must be
provided to the City before work under this Agreement is begun.
B. Worker's Compensation. The Consultant shall secure and maintain such
insurance as will protect Consultant from claims under the Worker's Compensation
Acts and from claims for bodily injury, death, or property damage which may arise
from the performance of Consultant's services under this Agreement.
C. Professional Liabilitv Insurance. The Consultant agrees to provide to the City a
certificate evidencing that they have in effect, with an insurance company in good
standing and authorized to do business in Minnesota, a professional liability
insurance policy. Said policy shall insure payment of damage for legal liability
arising out of the performance of professional services for the City, in the insured's
capacity as the Consultant, if such legal liability is caused by an error, omission, or
negligent act of the insured or any person or organization for whom the insured is
legally liable. Said policy shall provide an aggregate limit of $1,000,000.
23. Records Access. The Consultant shall provide the City access to any books,
documents, papers, and records which are directly pertinent to the specific contract, for
the purpose of making audit, examination, excerpts, and transcriptions, for three years
after final payments and all other pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports, and information
generated in connection with performance of the Agreement shall become the property of
last revised Oct. 2000
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5
the City. The City may use the information for its purposes. Such use by the City shall
not relieve any liability on the part of the Consultant.
25. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
Executed as of the day and year first written above.
Reviewed for form:
CITY OF PRIOR LAKE
Jack Haugen, Mayor
Sue McDermott, City Engineer
Frank Boyles, City Manager
BONESTROO, ROSENE, ANDERLlK & ASSOC.
By:
Its:
By:
Its:
last revised Oct. 2000
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1\11
Bonestroo
Rosene
Anderlik &
Associates
Bonestroo, Rosene, Anderllk and Associates. Inc. is an Affirmative Action/Equal
Opportunity Employer and Employee Owned
Principals: Otto G. Bonestroo. P.E. Marvin L. Sorvala, P.E. Glenn R. Cook, P.E. Robert G.
SChunicht, P .E. Jerry A. Bourdon. P .E.
Senior Consultants: RobertW. Rosene, P.E. Joseph C. Anderlik, P.E. Richard E. Turner,
P.E. Susan M. Eberlin. C.PA
Associate Principals: Keith A. Gordon, P.E. Robert R. Pfefferle. P.E. Richard W. Foster,
P.E. David O. Loskota, P.E. Mark A. Hanson. P.E. Michael T. Rautmann. P.E. Ted K.
Field. P.E. Kenneth P. Anderson, P.E. Mark R. Rolfs. P.E. David A. Bonestroo, M.B.A.
Sidney P. Williamson, P.E., L.S. Agnes M. Ring, M.BA Allan Rick Schmidt, P.E. Thomas
W. Peterson, P.E. James R. Maland, P.E. Miles B. Jensen, P.E. L. Phillip Gravel III, P.E.
Daniel J. Edgerton, P.E. Ismael Martinez. P.E. Thomas A. Sylko. P.E. Sheldon J. Johnson
Dale A. Grove. P.E. Thomas A. Roushar, P.E. Robert J. Devery, P.E.
Offices: St. Paul. St. Cloud, Rochester and Will mar. MN Milwaukee, WI Chicago, IL
Webslte: www.bonestroo.com
Engineers & Architects
August 6, 2002
Mr. Bud Osmundson
City of Prior Lake
16200 Eagle Creek Ave. SE
Prior Lake, MN 55372
Re: CSAH 42 and CSAH 83 Utility Improvements
City of Prior Lake
City Project No. 02-01
Our File No. 566-00-104
Dear Mr. Osmundson,
We are pleased to submit our estimate of Construction Engineering Costs for Project 02-0 I, the CSAH
42 and CSAH 83 Utility Improvements. The team we propose for the project is Mike Hirsch, Bruce
Murray and David Eickman. This team worked with the City on the CSAH 42 Trunk Water Main
project east of CSAH 21.
Mike will provide the overall project inspection and David will assist him. Bruce Murray will provide the
construction staking. We have enclosed a copy of the Engineering Services rate schedule for the
project. The following is a cost estimate for the Construction Services Work.
Total
$62,000
45.000
$107,000
Construction Inspection
Construction Staking
Mike will be available to assist Scott County and the City in setting up the preconstruction conference
as soon as the contract is awarded. We did not include a cost in the proposal for material or
compaction testing as we expect that Scott County will take care of this item. The Construction
Services effort is difficult to estimate as the work is so contractor dependent. The estimate is based on
the contractor completing the utility work within a six-month time frame.
We look forward to working with you on this project. If you have any questions please call Glenn Cook
at 651-604-4843 or Mike Hirsch at 612-865-9957.
Sincerely,
BONESTROO, ROSENE, ANDERUK & ASSOCIATES, INC.
Gl.en.vv'R. C~
Glenn R. Cook
GRC:crw
2335 West Hiahwav 36. St. Paul, MN 55113. 651-636-4600. Fax: 651-636-1311