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HomeMy WebLinkAbout8B - Bolton & Menk Services I, .:;, CITY COUNCIL AGENDA REPORT DISCUSSION: MARCH 20, 2000 88 SUE MCDERMOTT, ASSISTANT CITY ENGINEER BUD OSMUNDSON, DIRECTOR OF PUBLlCWORKS/CITY 2 x ENGINEER _ _/ v CONSIDER APPROVAL OF RESOLUTION OO~. AUTHORIZING BOLTON & MENK, INC. TO PROVIDE CONSTRUCTION STAKING SERVICES FOR CANDY COVE/LAKESIDE MANOR IMPROVEMENTS (CITY PROJECT #99-11) AND 2000 CITY IMPROVEMENT PROJECTS (CITY PROJECTS #12-00 AND #14-00) HISTORY DATE: AGENDA #: PREPARED BY: REVIEWED BY: SUBJECT: The construction contract for the Candy Covellakeside Manor Addition streets was awarded to Northwest Asphalt, Inc. by the City Council on July 19, 1999 (Resolution 99-71). Due to litigation involving the contract award and a late season start date, the contractor was unable to begin the street and storm sewer reconstruction during the 1999 construction season. Northwest Asphalt is proposing to begin construction at the end of April, 2000. At the September 20, 1999 Council meeting a Public Hearing was held and the Council approved Resolution 99-95, ordering the 2000 improvements and authorizing preparation of plans and specifications for Project #12-00 Oakridge/Shangri-La/Maves 2nd/Prior Hills Reconstruction and Project #14-00, Linden Circle Construction. Staff is currently completing plans and specifications for these projects and is planning to request Council approval and authorization to advertise for bids in April with a May bid opening. CURRENT CIRCUMSTANCES Based on the success of utilizing staff for construction observation on the 1998 improvement projects, we propose to do in-house construction observation on both the 1999 and 2000 projects. Due to the potential for the 1999 and 2000 projects to be under construction simultaneously, staff will be unable to accomplish both construction observation and construction staking making it necessary to hire a consulting firm to complete the construction staking. 16200~~reek Ave. S.E., Prior Lake, Minnesota 55312-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Staff requested proposals since construction staking is a professional service from six consulting firms. The firms are Bolton & Menk, Inc., Bonestroo Rosene Anderlik & Associates (BRA), WSB & Associates, Inc., Hansen Thorp Pellinen Olson, Inc.(HTPO), Schoell & Madson, Inc., and SEH-RCM, Inc. Staff recommends hiring Bolton & Menk, Inc. to perform construction staking. All six firms proposed to bill the City at an hourly rate and specified a not-to-exceed amou.nt. The quotes below are based on each firm's interpretation of the project scope of work (total hours required). SEH-RCM Bolton & Menk BRA & Assoc. WSB & Assoc. Schoell&M adsen HTPO CNSTRSTK.DOC 188 416 314 551 536 532 ......U&Qrhp~M$~tjQn:p~r:erQj~~t y~Qqyygy~i .:..~~~.:.~t~g~!~in~~fj,: $154.00 $16,780 $14,930 $31,710* $90.00 $18,000 $19,500 $37,500 $138.00 $19,750 $22,950 $42,700 $101.50 $27,000 $29,000 $56,000 $105.00 $28,925 $27,385 $56,310 $110.00 $27,900 $30,700 $56,310 *Includes 30 hours of supervision/office work @ $92.00/hour. Although SEH-RCM provided the lowest estimated quote, their hourly rate is substantially higher than Bolton & Menk and the contract will be paid based on hours of service provided. SEH- RCM has estimated hours which are almost half the next total hourly estimate which staff feels is unrealistic for the two projects. Based on the hourly rates, staff recommends that Bolton & Menk provide construction staking services. The amount of $37,500 equates to approximately 2.5% of the construction cost which!s very reasonable for a project of this size. ISSUES Although the not-to-exceed fee provided by SEH-RCM is lower than that provided by Bolton & Menk, Bolton & Menk has a lower hourly rate than the other firms that submitted quotes. In addition, the City uses the same survey software as Bolton & Menk which would decrease the amount of time staff would spend on assisting with the survey information. CONCLUSIONS Staff recommends that the Council authorize Bolton & Menk to perform construction staking services for Candy Cove/Lakeside Manor Improvements and 2000 Improvements because their estimated hours are reasonable, their hourly fate is the lowest, 2 their computer software is consistent with the City's and our reference check confirms that they do satisfactory work. FINANCIAL IMPACT: Construction staking is included in the 30% indirect costs that are applied to each project and collected with assessments. The construction staking fees for each project will be paid from the construction fund. ALTERNATIVES: There are three alternatives for the City Council to consider: 1. Approve Resolution OO-XX authorizing Bolton & Menk, Inc. to perform construction staking services for these projects at a total cost not to exceed $37,500.00. 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: A motion and second to adopt Resolution OO-XX authorizing Bolton & Menk to perform construction staking. CNSTRSTK.DOC 3 - --.--- ..-..... RESOLUTION OO-XX RESOLUTION AUTHORIZING BOLTON & MENK, INC. TO PROVIDE CONSTRUCTION STAKING SERVICES FOR CANDY COVE/LAKESIDE MANOR IMPROVEMENTS (CITY PROJECT #99-11) AND 2000 STREET IMPROVEMENT PROJECTS (CITY PROJECTS #12-00 AND #14-00) MOTION BY: SECOND BY: WHEREAS, the Council approved Resolution 99-71 awarding the contract for the Candy Cove/Lakeside Manor Addition construction on July 19, 1999, and WHEREAS, the Council conducted a Public Hearing and approved Resolution 99-95, ordering the 2000 Improvement Projects, and WHEREAS, construction staking services are required on both projects, and WHEREAS, the City can not cost effectively provide these services at its current staffing level. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA, Bolton & Menk, Inc. is hereby authorized to provide Construction Staking Services for the two City-initiated improvement projects for a fee not to exceed the amount of $37,500. BE IT FURTHER RESOLVED, that funding for these engineering services will be drawn from the Construction Fund and the Mayor and City Manager are authorized to execute said agreement on behalf of the City. Passed and adopted this 20th day of March, 2000. YES NO Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Schenck Schenck {Seal} Frank Boyles City Manager City of Prior lake 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 G:\RESOLOO\CONSTK.DOC AN EQUAL OPPORTUNITY EMPLOYER I .-..-......-r---. STANDARD AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made on the 20th day of March, 2000, 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 Bolton & Menk. Inc. (hereinafter "Engineer") whose business address is 1515 E. Highway 13. Burnsville. MN 55337-6857. 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 contracts with the City. The purpose of this contract is to set forth the terms and conditions for _Construction Staking services for 2000 Improvement Projects (City Project #12-00 and 14-00) . The City and Engineer agree as follows: 1. Engineer's Services. The Engineer agrees to provide professional services as described in Exhibit A, attached and made a part of this Agreement. 2. Time for Performance of Services. The Engineer shall perform the services as required according to the Developer's schedule. 3. Compensation for Services/Maximum Agreement Amount. City agrees to pay the Engineer $19.500.00 (referred to herein as the "Maximum Agreement Amount") for the services described in Exhibit A. Compensation shall be in accordance with Exhibit A, attached and made a part of this Agreement. 4. Engineering Service for Project. The Engineer, upon direction of the City, agrees to perform the following construction staking services: A. See Exhibit A (Work Scope and Budget). B. Special Engineers may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Engineer for extra services by the Engineer or Special Engineers when authorized in writing by the City. 5. The City agrees to provide the Engineer with the complete information concerning the scope of the Project and to perform the following services: A. Access to the Area. The City shall obtain access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform such work as surveys and inspections in the development of the Project. 60104.02 Engineer ing/ Archi tectural B. Consideration of the Engineer's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Engineer or, and shall inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. C. Standards. The City shall furnish the Engineer with a copy of any design and construction standards they may.require in performing construction observation 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 defme the City's policy and decisions with respect to the materials, equipment, elements and systems pertinent to the work covered by this Agreement. 6. Method of Payment. The Engineer shall submit to the City, on a monthly basis, itemized bills for 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. Progress Payment. For work reimbursed on an hourly basis, the Engineer shall indicate for each employee, his or her ilame, job title, tlie number of hours worked, raie of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Engineer 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 Engineer shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work. If any work performed by the Engineer-is abandoned or suspended in whole or in part by the City, the Engineer shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto- and incorporated herein by reference. C. Compensation for Services of the Engineer. The City shall pay the Engineer for the services described in Exhibit A of this Agreement. The fee that the City will pay under this Agreement shall not exceed the amount shown on Exhibit A for this project. D. Payments for the Engineer's Reimbursable Costs. The Engineer shall be reimbursed for the work of special consultants. as described in Section 4B. and for other items when authorized in writing by the City. Such items shall include: materials and supplies. and AutoCAD as required to expedite the work. and reproduction of reports. 7. Accuracy of Work. Engineer shall be responsible for the accuracy of the work and the utilization of all determinant data, and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of Engineer without additional compensation. 60104.02 Engineeri ng/ Archl tectural ----.-.--.--.----r-----.-.---- If the data or materials furnished by the City, and used in the conduct of this work are found to be in error, incorrect, or inappropriate, the City shall direct Engineer to modify, update, and/or correct the affected work product. All such corrective work performed by Engineer shall be considered to be additional services for which additional compensation shall be paid to Engineer on the basis of Engineer's standard fees or actual costs incurred. 8. Project Manager and Staffing. The Engineer has designated Harold Schmidt and .W. Michael Smith 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. Engineer may not remove or replace Harold Schmidt or W. Michael Smith, from the Project without the approval of the City. 9. Audit Disclosure. The Engineer shall allow the City or its duly authorized agents reasonable access to such of the Engineer'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 Engineer under this Agreement which the client requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All ftnished orunfmished documents, data, studies, surveys, drawings, maps, models, photographs, anq reports prepared by the Engineer shall become the property of the City upon termination of this Agreement, but Engineer may retain copies of such documents as records of the services ____..=...1_....2 1'1 UVIUC;U. 10. Term. The term of this Agreement shall be from April!. 2000 through December 31 , 2000, 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 tenninated 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 Engineer, the Engineer 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 Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer or architect to undertake or complete the work identifted in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present engineer or architect and a future engineer or architect) which exceed a maXimum Agreement amount, if any, specifted under Paragraph 3, then the Engineer shall be responsible for the difference between the cost actually incurred and the Agreement amount. If the City incurs total costs for the work less than the maximum agreement amount, then the Engineer shall be paid for the reasonable value of its services rendered prior to the termination. 12. Subcontractor. The Engineer shall not enter into subcontracts for services provided under this Agreement except as noted in the scope of services, without the express written consent of the City. The Engineer shall pay any subcontractor involved in the performance of this Agreement within the (10) days of the Engineer's receipt of payment by the City for undisputed services 60104.02 Engineering/ Arelli tectural provided by the subcontractor. If the Engineer fails within that time to pay the subcontractor any undisputed amount for which the Engineer has received payment by the City, the Engineer 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 Engineer shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Engineer shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Engineer. At all times and for all purposes herein, the Engineer is an independent contractor and not an employee of the City. No statement herein shall be construed so as to fmd the Engineer an employee of the City. 14. Non-Discrimination. During the performance of this contract, the Engineer 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 Engineer 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 Engineer 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 ror 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 Engineer 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 Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to the 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. 60104.02 Eng1 need ng/ Arr:h1 tectural .---~-~..--.....-----r-~-.- --------.------- 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. Engineer or Architect agrees to 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 negligent acts, errors or omissions (including without limitation professional errors or omissions) of the Engineer or Architect, 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 Engineer or Architect fully to perform, in any respect, all obligations under this Agreement. The Engineer is not responsible for indemnifying the City for any negligent acts of its officers or employees. 22. Insurance. A. General Liability. During the term of this Agreement, Engineer shall maintain a general liability insurance policy with limits of at least $600,000 for each person, and each occurrence, for both personal ~ury 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 Engineer's coverage shall be the primary coverage in the event of a loss: 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 Engineer shall secure and maintain such insurance as will protect Engineer 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 Engineer's services under this Agreement. C.Professional Liability Insurance. The Engineer 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 <;>f damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Engineer, if such legal liability is caused by a negligent error, omission, or 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. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. 23. Records Access. The Engineer 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 the City. The City 60104.02 Engi neerl ng/ Archi tectural may use the information for its purposes. Such use by the City shall not relieve any liability on the part of the Engineer or Architect. 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. CITY OF PRIOR LAKE City Manager Mayor Reviewed for Engineering: By: Its: Director of Public Works By: Its: 60104.02 Engineerl ng/ Archi tec:tur.l . T ... . . . '" . . . I II .. -. --- - I I I I. I I: I. I I: EXHIBIT II A II SCOPE OF SERVICES Bohon & Menk, Inc. (BMI) proposes to provide construction staking services to the City of Prior Lake to facilitate the construction of the City's 1999 Improvement Project No. 99-11 and for the 2000 Impr~)Vement Project No. 12-00. 1 ... CANDY COVE TRAIL, MANOR ROAD, WOODLAWN CIRCLE,HILL CIRCLE AND LEMLEY CIRCLE (iMPROv"EM.tNT YROJECi NO. 99-10); AND 2. OAK RIDGE CIRCLE, FLANDRAN C~CLE, FULBRIGHT CIRCLE, INDIAN RIDGE CIRCLE, EUCLID AVENUE, MAVES TRAIL, FORSYTH ROAD, SHANNON TRAIL, SHANNON CIRCLE, PRIOR CIRCLE AND LINDENT CIRCLE (IMPROVEMENT PROJECT NO. 12-00). "t. In providing the construction staking services, Bolton & Mente, Inc. proposes to: 1. Provide line and grade stakes as required for utility improvements (water, sanitary, storm); 2. Provide "cut sheet" for these utility improvements; .. 3. Provide line and grade stakes as required for. all street improvements including curb stakes, sidewalks, trails, etc.; 4. Provide "cut sheets" for the street improvements; and 5. Acquire "as builf' survey information and provide it to the City Engineering Department for incorporation into the "Record Drawings;" . BMI proposes to provide construction observation, if needed, for the above listed' projeqs and for any developer's projects to which we are assigned. The construction observations services provided by Bolton & Menk, Inc. to the City of Prior Lake shall include: 1. Pre-oonstruction meeting attendance; 2. Site grading, observation; 3. Sanitary sewer and water main construction observation; 4. Street construction, curb/gutter, storm sewer and roll tests, observation; Statement of Qualifications for Construction Staking/Observation Services . City of Prior Lake Submitted by Bolton &Menk. Inc. Section 1 - Page 1 II ~. , , , iI , , . ~ , I I I. I I I, .1. I- I, j . . COMPENSATION The following Maximum Cost Not-ta-Exceed fees are proposed to the City of Prior Lake for each of the two (2) projects included in the City's 1999 and 2000 Street Improvement Projects. Constructiori Stakin2 The fees for providing professional surveying services typically range from 2.0% to 4.0% of the construction cost of the proposed improvements. All surveying services, excluding restaking services, reqUiring a full two- person crew, are proposed to be billed at an hourly rate of $90.00 per hour. Provided in the table below are the Maximum COst-Not-to-Exceed figures for each of the two (2) projects. ~ tll~~.illll.ltillll~11 99-11 12-00 $696,740 $766,500 $1,463,240 S90.00/br S90.00/br $90.00Jhr $18,000 $19,500 $37,500 200 216 416 Total: Statement a/Qualifications for Construction Staking/Observation Services City of Prior Lake Submitted by Bo/ton & Menk, Inc. Section 2 - Page 1 . --"I-'-.-----..~..._--- STANDARD AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made on the _20th day of March, 2000, 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 Bolton & Menk:. Inc. (hereinafter "Engineer") whose business address is _1515 E. Highway 13. Burnsville. MN 55337-6~57. 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 contracts with the City. The purpose of this contract is to set forth the terms and conditions for Construction Staking services for Candy Cove/Lakeside Manor hnprovements (City Proiect #99-11) . The City and Engineer agree as follows: 1. Engineer's Services. The Engineer agrees to provide professional services as described in Exhibit A, attached and made a part of this Agreement. 2. Time for Performance of Services. The Engineer shall perform the services as required according to the Developer's schedule. 3. Compensation for Services/Maximum Agreement Amount. City agrees to pay the Engineer $18.000.00 (referred to herein as the "Maximum Agreement Amount") for the services described in Exhibit A. Compensation shall be in accordance with Exhibit A, attached and made . a part of this Agreement. 4. Engineering Service for Project. The Engineer, upon direction of the City, agrees to perform the following construction staking services: A. See Exhibit A (Work Scope and Budget). B. Special Engineers may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Engineer for extra services by the Engineer or Special Engineers when authorized in writing by the City. 5. The City agrees to provide the Engineer with the complete information concerning the scope of the Project and to perform the following services: A. Access to the Area. The City shall obtain access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perfonn such work as surveys and inspections in the development of the Project. 60104.02 Engi neer ing/ Archl tectural B. Consideration of the Engineer's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Engineer or, and shall inform the Engineer of all decisions within a reasonable time so as not to delay the work of the Engineer. C. Standards. The City shall furnish the Engineer with a copy of any design and construction standards they may -require in performing construction observation 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 defme the City's policy and decisions with respect to the materials, equipment, elements and systems pertinent to the work covered by this Agreement. 6. Method of Payment. The Engineer shall submit to the City, on a monthly basis, itemized bills for 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. Progress Payment. For work reimbursed on an hourly basis, the Engineer shall indicate for each employee, his or her name, job titie, iht: number or 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. Engineer 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 Engineer shall provide such documentation as reasonably required by the City. B. Abandoned or Suspended Work. If any work performed by the Engineer is abandoned or suspended in whole or in part by the City, the Engineer shall be paid for any services performed on account of it prior to receipt of written notice from the City of such abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated herein by reference. C. Compensation for Services of the Engineer. The City shall pay the Engineer for the services described in Exhibit A of this Agreement. The fee that the City will pay under this Agreement shall not exceed the amount shown on Exhibit A for this project. D. Payments for the Engineer's Reimbursable Costs. The Engineer shall be reimbursed for the work of special consultants, as described in Section 4B, and for other items when authorized in writing by the City. Such items shall include: materials and supplies, and AutoCAD as required to expedite the work, and reproduction of reports. 7. Accuracy of Work. Engineer shall be responsible for the accuracy of the work and the utilization of all determinant data, and shall promptly make necessary revisions or corrections resulting from errors and omissions on the part of Engineer without additional compensation. 60104.02 Engl (Jeer jng/ Archl tectural . .----.--......-----r--..---- If the data or materials furnished by the City, and used in the conduct of this work are found to be in error, incorrect, or inappropriate, the City shall direct Engineer to modify, update, and/or correct the affected work product. All such corrective work performed by Engineer shall be considered to be additional services for which additional compensation shall be paid to Engineer on the basis of Engineer's standard fees or actual costs incurred. 8. Project Manager and Staffing. The Engineer has designated Harold Schmidt and W. Michael Smith 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. Engineer may not remove or replace Harold Schmidt or W. Michael Smith, from the Project without the approval of the City. 9. Audit Disclosure. The Engineer shall allow the City or its duly authorized agents reasonable access to such of the Engineer'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 Engineer under this Agreement which the client 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 Engineer shall become the property of the City upon termination of this Agreement, but Engineer may retain copies of such documents. as records of the services provided. 10. Tenn. The term of this Agreement shall be from April 1. 2000 through December 31_, 2000, 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. TenninatWn. 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 Engineer, the Engineer 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 Engineer has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer, and the City may retain another engineer or architect 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 engineer or architect and a future engineer or architect) which exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Engineer shall be responsible for the difference between the cost actually incurred and the Agreement amount. If the City incurs total costs for the work less than the maximum agreement amount, then the Engineer shall be paid for the reasonable value of its services rendered prior to the termination. 12. Subcontractor. The Engineer shall not enter into subcontracts for services provided under this Agreement except as noted in the scope of services, without the express written consent of the City. The Engineer shall pay any subcontractor involved in the performance of this Agreement within the (10) days of the Engineer's receipt of payment by the City for undisputed services 60104.02 EnglneerlnglArchl tectural provided by the subcontractor. If the Engineer fails within that time to pay the subcontractor any undisputed amount for which the Engineer has received payment by the City, the Engineer 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 Engineer shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Engineer shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Engineer. At all times and for all purposes herein, the Engineer is an independent contractor and not an employee of the City. No statement herein shall be construed so as to fmd the Engineer an employee of the City. 14. Non-Discrimination. During the performance of this contract, the Engineer 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 Engineer 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 receiv~ consideration for employment. The Engineer 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 prograrii 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 Engineer 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 Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to the 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. 60104.02 Engineering/AIchi tectural - .,--,-_. . 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. Engineer or Architect agrees to 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 negligent acts, errors or omissions (including without limitation professional errors or omissions) of the Engineer or Architect, 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 Engineer or Architect fully to perform, in any respect, all obligations under this Agreement. The Engineer is not responsible for indemnifying the City for any negligent acts of its officers or employees. 22. Insurance. A. General Liability. During the term of this Agreement, Engineer 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 Engineer's coverage shall be the primary coverage in the event of a loss: 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 Engineer shall secure and maintain such insurance as will protect Engineer 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 Engineer's services under this Agreement. C. Professional Liability Insurance. The Engineer 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 I s capacity as the Engineer, if such legal liability is caused by a negligent error, omission, or 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. The policy shall also insure the indemnification obligation contained in Paragraph No. 21. 23. Records Access. The Engineer 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 fmal 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 the City. The City 60104.02 Engineer ing/Archi teet ural may use the information for its purposes. Such use by the City shall not relieve any liability on the part of the Engineer or Architect. 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. . CITY OF PRIOR LAKE City Manager Mayor Reviewed for Engineering: By: Its: Director of Public Works By: Its: 60104.02 Engln.,er lng/ Archl tectural I .-----------..-....-...-.---.1---.--.-..--. .' . ... . . . . . II. -... . . I I I - II I II I: EXHIBIT "A" SCOPE OF SERVICES Bolton & Menk, Inc. (BMI) proposes to provide construction staking services to the City of Prior Lake to facilitate the construction of the City's 1999 Improvement Project No. 99-11 and for the 2000 Improvement Project No. 12-00. 1. CANDY COVE TRAIL, MANOR ROAD, WOODLAWN CIRCLE, HILL CIRCLE AND LEMLEY CIRCLE (iMPROVEMhN"T PROJECT NO. 99-10); AND 2. OAK RIDGE CIRCLE, FLANDRAN CIRCLE, FULBRIGHT CIRCLE, INDIAN RIDGE CIRCLE, EUCLID AVENUE, MAYES TRAIL, FORSYfH ROAD, SHANNON TRAIL, SHANNON CIRCLE, PRIOR CIRCLE AND LINDENT CIRCLE (IMPROVEMENT PROJECT NO. 12-00). "" In providing the construction staking services, Bolton & Menk, Inc. proposes to: 1. Provide line and grade stakes as required for utility improvements (water, sanitary, storm); 2. Provide "cut sheet" for these utility improvements; 3. Provide line and grade stakes as required Cor all street improvements including curb stakes, sidewalks, trails, etc.; . 4. Provide "cut sheets" for the street improvements; and 5. Acquire "as built" survey information and provide it to the City Engineering Department for incorporation into the "Record Drawings." BM! proposes to provide construction observation, if needed, for the above listed. projec.ts and for any developer's projects to which we are assigned The construction observations services provided by Bolton & Menk, Inc. to the City of Prior Lake shall include: 1. Pre-construction meeting attendance; 2. Site grading, observation; 3. Sanitary sewer and water main construction observation; 4. Street construction, curb/gutter, storm sewer and roll tests, observation; Statement of Qualifications for Construction Staking/Observation Services City of Prior Lake Submitted by Bolton & Menk, Inc. Section 1 - Page 1 fI' II II II II , , , - - , , , ,- , ~ I:. I,' I. I COMPENSATION The following Maximum Cost Not-to-Exceed fees are proposed to the City of Prior Lake for each of the two (2) projects included in the City's 1999 and 2000 Street Improvement Projects. Constructi()tl StakinQ" . The fees for providing professional surveying services typically range from 2.0% to 4.0% of the construction cost of the proposed improvements. All surveying services, excluding restaking services, requiring a full two- person crew, are proposed to be billed at an hourly rate of $90.00 per hour. . Provided in the table below are the Maximum Cost-Not-to-Exceed figures for each of the two (2) projects. ... .-. :.:...:..... .,.., < ."... 99-11 $696,740 $90.001br 200 $18,000 . 12-00 $766,500 S90.001br 216 $19,500 Total: $1,463,240 $90.001hr 416 . $37,500 Statement of Qualifications for Construction Staking/Observation Services City of Prior Lake Submitted by Bolton &Menlc, Inc. Section 2 - Page 1 ...-..-...- ..-..-.......,----..-.--...---.----.-..