HomeMy WebLinkAbout9C - 2005 Public Imp. Project16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
SUBJECT:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
MAY 16, 2005
9C
LARRY POPPLER, ASSISTANT CITY ENGINEER
STEVE ALBRECHT, CITY ENGINEER
CONSIDER APPROVAL OF TWO RESOLUTIONS RELATING TO THE
2005 IMPROVEMENT PROJECT 1) AUTHORIZING MFRA, INC TO
PROVIDE CONSTRUCTION SURVEYING FOR PROJECT #05-11 AND
2) AUTHORIZING STORK TWIN CITY TESTING TO PROVIDE
CONSTRUCTION TESTING FOR PROJECT #05-01 AND #05-11.
HISTORY
City Project #05-01 & 05-11 includes proposed street and utility
reconstruction improvements to Fish Point Road, Fairlawn Shores Trail,
Frost Point Circle, Bluedorn Circle, 150th Street, Candy Cove Trail,
Centennial Street, Franklin Trail, Duluth Street, and Pleasant Street. The
City Council held a Public Hearing for these improvements on January
18, 2005. The project was in the approved 2005 Capital Improvements
Program and on April 4, 2005 the Council approved plans and
specifications and authorized the Advertisement for Bids for the project.
The purpose of this agenda item is to authorize the Mayor and City
Manager to enter into the City's standard Professional Services
Agreement for construction staking and construction testing for the 2005
Improvement Project.
CURRENT CIRCUMSTANCES
(1) Surveying / Professional Services
Although City staff will be providing construction observation, it will be
necessary to hire an engineering consulting firm to complete the
construction surveying as has been done in the past. These costs have
been incorporated into the total project amount. Staff requested ·
proposals for construction surveying from WSB and Associates and
MFRA Inc. The table below details the proposals received from the two
companies.
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~:~:~: ~:~:~. ~ ~::~ :::- , : :~: ~ ~:-.~ .~:
MF~ $31,8OO
WSB & Assoc. $60,000
MFRA has performed the construction surveying for past projects
including the 2002 and 2003 reconstruction projects. Based on the not-
to-exceed amount, staff recommends that MFRA provide construction
G:~gendaL4,genda05\05 award staking and testin~ff)'~2ci~y°fvlri°rlake'
COITI
Phone 952.447.4230 / Fax 952.447.4245
ALTERNATIVES:
RECOMMENDED
MOTION:
surveying services. The amount of $31,800.00 equates to approximately
1.5% of the construction cost which is very reasonable and consistent
with the price paid in previous years.
(2) Construction Testing
An engineering consulting firm is needed to perform soil, concrete, class
five, and bituminous testing for the 2005 Improvement Project. Staff
requested proposals for construction testing from Stork Twin City Testing,
McGhie and Betts, a nd Braun I ntertec. T he proposals were e valuated
based on unit prices and experience.
Based on the evaluation of staff it is recommended that Stork Twin City
Testing provide construction testing services. Stork Twin City Testing has
performed the soil boring for the 2004 and 2005 reconstruction projects
and is currently performing construction testing for Jeffer's Pond.
CONCLUSIONS
Staff recommends that the Council award the following contracts:
(1) 2005 Project Construction Surveying to MFRA, Inc.
(2) 2005 Project Construction Testing to Stork Twin City Testing.
There are three alternatives for the City Council to consider:
1. Approve two resolutions (1) authorizing the Mayor and City Manager
to execute the City's Standard Professional Services Agreement for
professional services with MFRA, Inc in the amount not to exceed
$31,800 and (2) authorizing the Mayor and City Manager to execute the
City's Standard contract for professional services with Stork Twin City
Testing for construction testing on the 2005 Improvement Project at a
cost estimated not to exceed $18,000.
2. Deny this item for a specific reason and provide staff with
direction.
3. Table this item until some date in the future.
A motion and second to adopt resolutions (1) executing the City's
Standard Contract for professional services with MFRA, Inc. and (2)
executing the City's Standard Contract for professional services with
Braun Intertec.
RENEWED BY
REVI
G:~Agenda~Agenda05\05 award staking and testing. DOC 2
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 05-xx
RESOLUTION AUTHORIZING MFRA, INC. TO PROVIDE
CONSTRUCTION STAKING SERVICES FOR
2005 STREET IMPROVEMENT PROJECT (CITY PROJECT 05-11)
MOTION BY: SECOND BY:
WHEREAS, the Council conducted a Public Hearing and approved Resolution 05-xx, ordering the
2005 Improvement Project, and
WHEREAS, construction staking services are required on the project, and
WHEREAS, the City cannot cost effectively provide these services at its current staffing level.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA,
1. The recitals set forth above are incorporated herein.
2. MFRA, Inc. is hereby authorized to provide Construction Staking Services for the 2005
improvement projects (Project #05-11 ) for a fee not to exceed the amount of $31,800.
3. Funding for these engineering services will be drawn from the Construction Fund.
4. The Mayor and City Manager are authorized to execute the City's Standard Professional
Services Agreement on behalf of the City.
Passed and adopted this 16th day of May, 2005.
YES NO
Haugen Haugen
Fleming Fleming
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
www. cityofpriorlake, com
G:\Resolution\Resol05\C0NSTKmfra. DOC Phone 952.447.4230 / Fax 952.447.4245
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
RESOLUTION 05-xx
RESOLUTION AUTHORIZING STORK TWIN CITY TESTING TO PROVIDE
CONSTRUCTION TESTING SERVICES FOR
2005 STREET IMPROVEMENT PROJECT (CITY PROJECT 05-01 & 05-11)
MOTION BY: SECOND BY:
WHEREAS, the Council conducted a Public Hearing and approved Resolution 05-xx, ordering the
2005 Improvement Project, and
WHEREAS, construction testing services are required on the project, and
WHEREAS, the City cannot cost effectively provide these services at its current staffing level.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA,
1. The recitals set forth above are incorporated herein.
2. Stork Twin City Testing is hereby authorized to provide Construction Testing Services for the
2005 improvement projects (Project #05-01 & #05-11 ) estimated not to exceed $18,000.
3. Funding for these engineering services will be drawn from the Construction Fund.
4. The Mayor and City Manager are authorized to execute the City's Standard Professional
Services Agreement on behalf of the City.
Passed and adopted this 16th day of May, 2005.
YES NO
Haugen Haugen
Fleming Fleming
LeMair LeMair
Petersen Petersen
Zieska Zieska
Frank Boyles, City Manager
www. cityofpriorlake, com
G:\Resolution\Resol05\CONST Testing. D([7~one 952.447.4230 / Fax 952.447.4245
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 16th day of May, 2005, 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 McCombs Frank Roos Associates, Inc. (MFRA), a Minnesota corporation
(hereinafter "Consultant") whose business address is 15050 23r~ Avenue North, Plymouth, MN 55447.
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 professional services by Consultant for Construction Surveying Services for
the 2005 Improvement Project, City Project #05-01 & #05-11, Fish Point Road, Frost Point Circle,
Fairlawn Shores Trail, Bluedorn Circle, 150~h Street, Candy Cove Trail, Centennial Street, Franklin Trail,
and Pleasant Street hereinafter referred to as the "Work".
The City and Consultant agree as follows:
.
Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A"
in connection with the Work.
,
Time for Performance of Services. The Consultant shall perform the services described in
Exhibit A within the following timeframe unless otherwise agreed upon in writing:
.
Compensation for Services. City agrees to pay the Consultant $ 31,800.00 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.
Bo
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.
Co
City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the City.
.
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
1
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.
.
.
private lands or property as required for the Consultant to perform such services
necessary to complete the Work.
a.
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.
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.
Pro.qress 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.
a.
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 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.
Project Manager and Staffing. The Consultant has designated Henry D. Nelson, PLS, to serve
on the Project. He or she 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 Henry D. Nelson from the Project without the approval of the City.
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..
2
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,
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 January 21, 2004 through April 15, 2004 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.
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
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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 provisions of services to
be provided. The Consultant and City, together with their respective agents and employees, agree
to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as
amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided 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 a negligent 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 Liability. 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.
4
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a.
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.
Co
Professional Liability 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 the performance of the Agreement ("Information") shall become the property of
the City. The City may use the Information for its purposes and the Contractor also may use the
Information for its purposes. Reuse of the Information for the purposes of the project
contemplated by this Agreement ("Project") does not relieve any liability on the part of the
Contractor, but any reuse of the Information by the City or the Contractor beyond the scope of the
Project is without liability to the other, and the party reusing the Information agrees to defend and
indemnify the other from any claims or liability resulting therefrom.
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
City Engineer Mayor
City Manager
FIRM
McCombs Frank Roos Associates, Inc. (MFRA)
By:
Its:
5
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Engineering · Planning · Surveying
FRA
April 19, 2005
Mr. Larry Poppler
Assistant City Engineer
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372-1714
APR 1 9 2005
Phone: 952-447-4230
Phone Direct: 952-447-9832
Fax: 952-447-4263
Email: lpoppler @ cityofpriodake.com
SUBJECT:
Proposal for Construction Staking
City of Prior Lake
2005 Improvement Project No. 05-11
Fish Point Road, Fairlawn Shores Trail, Frost Point Circle, and 150th Street
Dear Larry:
Thank you for giving us the opportunity, and we are pleased to submit this proposal for construction
staking for Prior Lake's 2005 Improvement Project No. 05-11. We have enjoyed working with you
and other City staff on similar projects in the past and look forward to working with you this summer
on this project. Please know that we value this relationship with Prior Lake and look forward to
providing you with high quality services throughout this project.
Scope qf Basic Services
This proposal is based upon your Request for Proposal and Preliminary construction plans received
on March 30, 2005 prepared by your Engineering Department and is for the following:
Establish Horizontal and Vertical Control
Staking sanitary sewer (line and grade stakes as required, with cut sheets)
· Approximately 1,100 linear feet
Staking watermain (line and grade stakes as required, with cut sheets)
· Approximately 3,150 linear feet
15050 23rd Avenue North · Plymouth, Minnesota · 55447
phone 763/476-6010 · fax 763/476-8532
e-mai/: mfra@mfra, com
Mr. Larry Poppler
April 19, 2005
Page 2
Staking storm sewer (line and grade stakes as required, with cut sheets)
· Approximately 3,630 linear feet
Staking curb and gutter (line and grade stakes as required, with cut sheets)
· Approximately 12,000 linear feet
Staking sidewalks (line and grade stakes as required, with cut sheets)
· Approximately 1,400 linear feet
Replace irons at previously found lot comers shown on plan (as necessary)
As-built information for record drawings of new utilities including elevations of top nut of
hydrants, elevation and location of sanitary and storm sewer structures and invert elevations
(digital format delivered)
TOTAL LUMP SUM
$31,800
Services by City
This proposal is based on the assumption that McCombs Frank Roos Associates, Inc. (MFRA) will
be furnished by the City of Prior Lake, an electronic (.dwg) file of the final plans and control points.
It is also understood that it will be the responsibility of the City of Prior Lake to inform MFRA, in
writing, of any and all changes or revisions from the Approved for Construction plans. It will also
be the City of Prior Lake's responsibility to furnish to MFRA a complete hard copy set and a new
electronic (.dwg) file of current Approved for Construction plans.
This proposal is based on a one-time staking for each task listed above unless otherwise stated in this
proposal. It will be the City of Prior Lake's responsibility to protect all stakes. Any re-staking or
additional work not covered by this proposal, will be considered "additional services" and will
require a completed and signed "Change Order/Extra Work form (enclosed) by a representative of
the City stating the additional work needed. A purchase order number will be required and the work
will be invoiced at $175 per hour for the survey crew. We request that when ordering construction
staking, that we be given at least 48 hours notice so we can meet your schedule as well as ours.
Acceptance
We are submitting this proposal by email, as well as, mailing it in duplicate for acceptance. We ask
that one copy be signed by an authorized representative of the party responsible for payment for the
services, and that this copy be returned to us as our authorization to proceed.
Mr. Larry Poppler
April 19, 2005
Page 3
We have enclosed a copy of our "General Conditions for Professional Services." The terms
contained in the General Conditions are incorporated herein and are an integral part of this contract
for professional engineering/surveying services. ACCEPTANCE OF THIS PROPOSAL BY
AUTHORIZED SIGNATURE, OR ISSUANCE OF A PURCHASE ORDER, INDICATES THAT
YOU UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS
PROPOSAL, INCLUDING THE GENERAL CONDITIONS.
We appreciate this opportunity to provide our services and look forward to continuing a successful
relationship.
Very truly yours,
MFRA
Henry D. ~ee son, PLS
HDN:rth
Enclosure
s:~promo~:nelson~noppler4- 19
THE ABOVE TERMS AND CO~..~lqS ARE ACCEPTED
THIS DAY OF~ ,2005.
BY: ,~
TITLE: ~
McCOMBS FRANK ROOS ASSOCIATES, INC.
GENERAL CONDITIONS FOR PROFESSIONAL SERVICES
Section 1 - Scope of Work
McCombs Frank Roos Associates, Inc. (hereinafter called "MFRA"), shall perform the professional services
defined in this Agreement and shall invoice the Client for those services at MFRA's standard rates. The
estimate of cost, if provided to the Client and if stated as an estimate in this Agreement, shall not be considered
as a firm figure, but only as an estimate unless specifically stated otherwise in this Agreement.
b.
MFRA shall provide additional services under this Agreement as requested by the Client and shall invoice the
Client for these additional services at standard rates. It is understood that the Scope of Work defined in this
Agreement is based on information provided by the Client. If this information is incomplete or inaccurate, or if
unexpected conditions are discovered or required, the Scope of Work may change, even if work is in progress.
MFRA shall make reasonable efforts to contact the Client when a change in the Scope of Work appears
necessary, and the Client, by agreeing to the change, recognizes that the estimate of cost or contract figure may
also change.
c. All services that are to be provided shall be performed only once, except where noted. Revisions to previously
completed work shall be invoiced at the standard rates.
d.
All application fees, outside printing/reproduction fees and other costs incurred by MFRA shall be paid
directly by the Client, or be reimbursed to MFRA, if they are paid by MFRA.
The Client a~ply MFRA with a 2-foot topography, plans, and o~he project
w nsible
fo , as-built site conditions, or the accuracy of documents prepared by others.
f. The Client shall contract separately for soil testing services. MFRA shall not be responsible for conducting or
interpreting soil testing results.
Section 2 - Reports and Ownership of Documents
a. MFRA shall furnish three (3) copies of all reports and design plans to the Client. The Client agrees to pay for
additional copies at the hourly rates specified in the fee schedules.
b.
Reports, plans and other work prepared by MFRA shall remain the property of MFRA until all fees for
MFRA's services have been paid in full. The Client agrees that all reports and other work furnished to the
Client and its agents not paid in full will be returned upon demand and will not be used for licensing, permits,
design, and/or construction.
c. All original documents, reports, plans, specifications, calculations and estimates are and will remain in the
property of MFRA.
Section 3 - Invoices
a.
Invoices will be submitted once per month for services performed during the prior month. Payment is due upon
presentation and is past due thirty (30) days after receipt of the invoice, unless specifically arranged for
otherwise in writing. The Client shall provide MFRA with a clear written statement within fifteen (15) days
after the invoice date with any questions in respect to the invoice. Failure to provide MFRA with a clear
written statement within fifteen (15) days shall constitute acceptance of the invoice as submitted. The Client
agrees to pay a finance charge on past due amounts. The Client agrees to pay a finance charge on past due
CONTINUED ON REVERSE SIDE
accounts monthly of one percent (1%) of the balance dUe or the maximum legal rate if lesser. The billing rates,~
as described in this Agreement, may be increased on the anniversary of the effective date of this Agreement.
b.
The Client's obligation to pay for the work contracted is in no way dependent upon the Client's ability to
obtain financing, zoning, approval of governmental or regulatory agencies, final adjudication of a lawsuit in
which MFRA is not involved, or upon the Client's successful completion of the project. To pres, erve lien rights
in accordance with the Mechanics Lien Laws in Minnesota, MFRA may file liens in the County where the
project site is located, within 120 days after the last item of service labor has been furnished. It is agreed that
all expenses incurred by MFRA in liening or collecting any delinquent amount, including but not limited to,
reasonable attorney's fees, financial charges, witness personnel, document duplication, organization and
storage costs, court costs, travel and subsistences, shall be paid to MFRA by the Client in addition to
delinquent amount.
Section 4 - Warranty and Limitation of Professional Liability
a.
The only warranty or guarantee made by MFRA in connection with services performed under this Agreement
is that such services are performed with the care and skill ordinarily exercised by reputable members of the
profession practicing under similar conditions in the State of Minnesota. No other warranty, expressed or
implied is made or intended by rendition of consulting services.
b. All MFRA's work shall be performed for the Client's sole use to fulfill the purpose of this Agreement and
MFRA is not responsible for interpretation by others of the information developed.
C.
The Client agrees that it will limit any and all liability, claim for damages, cost of defense or expenses to be
levied against MFRA on account of design defects, breach of contract, errors, omissions or professional
negligence to a sum not-to-exceed $50,000.00 or the amount of MFRA' s fee, whichever is less.
Section 5 - Public Liability Insurance
MFRA represents and warrants that it and its agents, staff and consultants employed by it, and are protected by
Workmen's Compensation Insurance and that MFRA has such coverage under Public Liability and Property
Damage insurance policies which MFRA deems to be adequate. MFRA shall furnish Certificate of Insurance
upon request. MFRA shall not be responsible for bodily injury and property damage arising from negligent
acts by the Client, its employees, agents, staff, consultants or subcontractors employed by it. It is understood
that the Client has the responsibility to make a determination as to the adequacy of insurance contracts and
coverages for any person or entity that it employs, be it contractors, subcontractors, or others performing
services for the Client. In addition, the Client shall be responsible for requesting specific inclusions in
coverage that are not adequately covered by MFRA's insurance.
Section 6 - Termination
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This agreement may be terminated by either party upon at least seven (7) days written notice in the event of
substantial failure by the other to perform in accordance with the terms hereof through no fault of the
terminating party. Such termination shall not be effective if that substantial failure has been remedied before
expiration of the period specified in the written notice. If this Agreement is terminated, MFRA shall be paid
for services performed to the termination notice.
s:Xmain:Xmfra:\conditions\profsev
Rev. 3/95
Rev. 6/92
*This form constitutes an Additional Services Request and will be invoiced to
client's project at MFRA's standard hourly rates.
CHANGE ORDER / EXTRA WORK
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North
Plymouth, Minnesota 55447
Telephone
(763) 476-6010
Fax
(763) 476-8532
MFRA WORK ORDER
CLIENT:
JOB NO.:
PH. CODE:
JOB NAME:
DATE ORDERED:
PROJECT LOCATION:
PROJECT MANAGER:
REQUESTED BY (print full name):
TELEPHONE NUMBER:
COMPANY NAME OF REQUESTER:
TITLE OF PERSON ORDERING WORK:
P.O. #:
SIGNATURE:
DATE WORK NEEDED:
MFRA PERSONNEL:
DATE ON JOB:
TOTAL HOURS:
DESCRIPTION OF WORK ORDERED: