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HomeMy WebLinkAbout9G - Boulevard Trees DATE: AGENDA #: PREPARED BY: AGENDA ITEM: CITY COUNCIL AGENDA REPORT JUNE 15, 1998 9G SUE MCDERMOTT, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF A REVISION TO SECTION 6.7.1 OF THE PRIOR LAKE SUBDIVISION ORDINANCE REGARDING RESIDENTIAL BOULEVARD TREES. DISCUSSION: HISTORY The City Council directed that the staff review boulevard and tree placement provisions in the ordinance and return to the City Council with a report on the subject. The City has a Subdivision Ordinance which in Section 6-7-1 addresses the location of trees in residential areas as follows: Street trees shall be planted inside the front property line at a distance of at least four feet (4') from the front property line and not more than ten feet (10') from the front property line. Front yard trees shall be planted in the front yard but at a distance of at least four feet (4') from the front property line. No required subdivision tree shall be planted inside of any drainage or utility easement or within a forty foot (40') clear view triangle on corner lots... In 1994, City staff researched the boulevard tree issue as it relates to right-of-way required to accommodate street, sidewalk, and utilities as well as trees. It was concluded that a minimum of a 66-foot right of way would be necessary. The current subdivision ordinance and Public Works Design Manual require 50 feet of right of way on local streets for the construction of a 32-foot roadway. CURRENT CIRCUMSTANCES Shamrock Development has requested to plant trees in the boulevard along Wilds Parkway. The current ordinance does not allow for this as the boulevard areas are in the drainage and utility easements for conventional plats. Ten-foot 162~~e Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER "~ ""'1:. utility easements are required along the lot lines in new subdivisions. This utility easement allows utilities such as natural gas, electric and .cable television to construct facilities used by Prior Lake customers. In the case of a PUD, boulevard planting is allowed if approved as part of the overall plan. Shamrock Development has been informed that they can apply for a PUD amendment for the Wilds in order to request that boulevard trees be allowed. ISSUES Maintenance costs: Tree growth can create problems not only for the utility companies who place their facilities in easements, but also cause problems for the City's infrastructure system. This is evidenced by recent storms. In the case of Minneapolis, trees were uprooted damaging sidewalks, curb and gutter, pavement and requiring city crews to clear the roadways of downed trees. In normal circumstances, a tree's root system can undermine sidewalks and concrete curbs requiring substantial city costs in maintenance and repair. In addition, maintenance including pruning, leaf removal and reduction of snow storage must be taken into consideration. Safety: The current ordinance requires a clear view triangle at intersections. Planting trees in boulevards could create sight obstruction for cars backing out of driveways. Staff time: Allowing boulevard tree planting would be require additional landscaping plans and review of allowable plantings. If boulevard trees were allowed, staff time would have to be allocated for this review as well as for maintenance already identified. Enforcement of allowable tree plantings would be necessary in existing subdivisions. The City is responsible for locating public utilities for any underground work including the planting of trees. Aesthetics: Boulevard trees can be an attractive addition to a neighborhood. Wilds Parkway has no utilities in the easements and could accommodate trees without conflicting with any utility. A majority of subdivisions in Prior Lake have utilities located in the easements. CONCLUSION The subdivision ordinance should remain as written since it does provide for the option of boulevard plantings in PUD's. This allows the City to minimize the types of concerns enumerated in the "Issues" portion of this report. lREES.DOC FISCAL IMPACT: The impact of allowing boulevard trees would affect most of the departments within the City by requiring additional staff time to (eview plans, maintain trees, or maintain City facilities affected by planting boulevard trees. ALTERNATIVES: There are three alternatives for the City Council to consider: 1. Maintain the ordinance as written. 2. Recommend a revision to Section 6-7-1 of the Subdivision Ordinance. 3. Table this item until some date in the future. RECOMMENDED MOTION: A~ and secon~ ap~ve alternative no. 1, REVIEWED BY: TREES.DOC "'. .__.111_ IIinlWi of., !".'_..fI'~'"I~''.,''''''' lIII' .. , " ". '\ . ,,;,WJi/II- ..... _,; -.... -I CONCLUSIONS Staff recommends that the Council award the contract for the construction of the 1998 Improvements to S. M. Hentges and Sons and authorize Bolton & Menk to perform construction staking services. It is the recommendation of the staff and the special assessment committee that the assessment hearing be held in September when the project is substantially complete. FINANCIAL IMPACT: Financing of the improvements are recommended as follows under the column labeled "Proposed": Funding Feasibility Proposed Assessments $661,379.00 $551,666.00 Tax Levy $774,224.00 $775,826.00 MSA Funds $100,000.00 $150,000.00 Trunk $264,323.00 $271,560.00 Reserve Project Total $1,799,926.00 $1,749,052.00 The numbers shown above include indirect costs for design, survey, inspection, administration, and financing. ALTERNATIVES: There are three alternatives for the City Council to consider: 1. Approve Resolution 98-XX accepting bids and awarding the contract for Projects 98-14, 98-15, and 98-16 to the lowest responsible bidder, S. M. Hentges & Sons, Inc. for the bid amounting to $1,345,425.33 and authorizing Bolton & Menk, Inc. to perform construction staking services for these projects at a total cost not to exceed $40,000.00. 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 98-XX accepting bids and awarding the contract for 1998 Improvement Projects to S.M. Hentges & Sons and authorizing Bolton & Menk to perform construction staking. r 11 '~;,,-~ REVIEWED U ' 9IAWARD.DOC 3 J RESOLUTION 98-XX ACCEPTING BIDS FOR PLEASANT, COLORADO, BIRCH AND WEST (PROJECT 98-14), PLEASANT AVENUE OVERLAY (PROJECT 98-15) AND DULUTH AVENUE (PROJECT 98-16), AND AUTHORIZING BOLTON & MENK, INC. TO PROVIDE CONSTRUCTION STAKING SERVICES MOTION BY: SECOND BY: WHEREAS, pursuant to an advertisement for bids for improvement projects on Pleasant, Colorado, Birch and West (Project 98-14), Pleasant Avenue Overlay (Project 98- 15), and Duluth Avenue (Project 98-16) described as follows: 1. Pleasant Street, Colorado Street, West Avenue and Birch Avenue by the construction of grading, watermain, sanitary sewer, storm sewer, aggregate base, concrete curb and gutter, sidewalk, bituminous surfacing, and appurtenant work; and 2. Pleasant Street from Duluth Avenue to Main Avenue by the milling and bituminous surfacing, sidewalks and appurtenant work; and 3. Duluth Avenue by the construction of watermain, sanitary sewer, storm sewer, aggregate base, concrete curb and gutter, bituminous trails, bituminous surfacing, and appurtenant work; and WHEREAS, The following bids were received, opened, and tabulated according to law and the following bids were received complying with the advertisement: CONTRACTORS BID S. M. Hentges & Sons, Inc. B.H. Heselton, Inc. Northdale Construction G.L. Contracting, Inc. $1,345,425.33 $1,403,028.99 $1,492,760.20 $1,549,849.38 WHEREAS, it appears that S. M. Hentges & Sons, Inc. of Jordan, Minnesota is the lowest responsible bidder, and WHEREAS, the City requires construction staking services for these projects. 162~~C~eek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER . \I ... :<J).;'':;T",,"Dap'J:II1-iAPI..,-:,-q''~~li~ i.. J. &:.. .Wi~ ,,-...~._. ~ .....Ii..;;.A. .~ ii.. ~,:~~~~~~.. A,-~ :'~;. '"''','''"- ~I NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA: 1. The Mayor and City Manager are hereby authorized to enter into a contract with S. M. Hentges & Sons, Inc. of Jordan, Minnesota in the name of the City of Prior Lake for the improvement projects on Pleasant, Colorado, Birch and West (Project 98-14), Pleasant Avenue Overlay (Project 98-15) and Duluth Avenue (Project 98-16). 2. The City Manager is hereby authorized and directed to return to all bidders the deposits made with their bids once a contract has been signed. 3. Bolton & Menk, Inc. is hereby authorized to provide construction staking observation services for Projects 98-14, 98-15, and 98-16 for a total fee not to exceed $40,000.00. Passed and adopted this 15th day of June, 1998. YES NO Mader Kedrowski Petersen Schenk Wuellner Mader Kedrowski Petersen Schenck Wuellner {Seal} Frank Boyles City Manager City of Prior Lake 98AWRES.DOC CITY OF PRIOR LAKE STANDARD CONTRACT BETWEEN CITY AND CONTRACTOR FOR 1998 STREET AND UTILITY IMPROVEMENT PROJECTS This Agreement made this 15th day of June. 1998, by and between the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter the "City") and S.M. Hentl!es & Sons. Inc. , (hereinafter the "Contractor"). Purpose: The City Council has determined that: The 1998 Street and Utility Projects (Project Nos. 98-14, 98-15, 98-16) are to be constructed and include sanitary sewer, watermain, storm sewer, aggregate base, bituminous pavement, concrete curb and gutter, pedestrian walkways, traffic signal revisions, mill and bituminous overlay and appurtenant work. THE CITY AND CONTRACfOR, FOR THE CONSIDERATION STATED BEWW, AGREE As FOLWWS: 1. The Contractor agrees to perform and complete all the provisions of the specifications and/or plans indicated below in Paragraph 2, as approved by the City for 1998 Street and Utility Im!>rovement Protects (98-14. 98-15 and 98-16) at the following location: Project 98-14: Pleasant Street from Park Avenue to Main Avenue, Colorado Street from Lakeside to Duluth Avenue, Birch Avenue from Pleasant to Lakeside Avenue, and West Avenue from Pleasant Street to Eagle Creek Avenue. Project 98-15: Pleasant Street from Duluth Avenue to Main Avenue (mill and overlay) Project 98-16: Duluth Avenue from Trunk Highway 13 to Pleasant Avenue. 2. Contract and Contract Documents. The following documents attached hereto shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set out verbatim and in full herein: a. b. c. The City's Advertisement for Bid; Specifications; Plans and Drawings prepared by the City of Prior Lake and on fJ.J.e in the office of the City Manager of the City of Prior Lake; Performance Bond and Payment Bond; Insurance Certificate(s); and This document. d. e. f. 60104.0lA Construction Services ~..j~~.~J::_:.' c-r "-. :..,.... "JJi.. -"<>. .fiL ...~:::..:~,.::::::..; -~1.,: \ ~ 3. The Proiect ("Work"). The Contractor shall perfonn all of the Work required by the Contract Documents for the sum of onemillion-threehundred-fortvfivethousand-fourhundredtwentvfive and 33 /100 Dollars ($1.345.425.33). 4. Time of Commencement and Substantial ComDletion. The Work to be performed under this Contract shall be commenced immediately after execution of this Agreement. The Work shall be substantially completed by Julv 1 . 1999. A. Startin!! the Work. (1) The Contractor shall commence the Work in such a manner and at such a time as to expeditiously interface with the Work of other contractors, and shall pursue the Work diligently to completion. (2) The execution of this Agreement by both parties constitutes a Notice to Proceed with the Work, unless the City issues a separate Notice to Proceed designating a different starting time. The Contractor shall promptly provide timely performance according to the immediate progress requirements of the Work. (3) The Contractor shall commence the Work prior to the execution of this Agreement if a Letter of Intent containing a Notice to Proceed is issued by the City. (4) Upon receipt of a Notice to Proceed, the Contractor shall pursue and complete the Work without voluntary interruption for any reason, as long as the Work can be performed. The Contractor agrees that it shall continue the Work at all times the Work can be performed, at a pace consistent with good industry practice regardless of pending or current disputes in connection with the Contract Documents. B. Timelv Performance. It is the City's intent to complete the Project as soon as possible, and in this pursuit, the City will coordinate the scheduling function. The Contractor agrees to cooperate in scheduling and performing the Work to achieve completion of the Project as soon as possible. 5. Contract Sum. The City shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Orders as provided in the Contract Document. The City shall pay Contractor ~% of the contract amount as a down payment at the time this Agreement is executed. 6. Final Pavment. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. 7. Performance and Pavment Bonds. If this is a project for the doing of public work, the Contractor shall post a Performance and a Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of 60104.0lA Construction Services this Contract by Contractor and to insure prompt payment to the subcontractors and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and within ten (10) days after execution of this Contract. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. 8. Insurance and Indemnification. A. The Contractor shall purchase and maintain insurance to protect itself from claims under the Worker's Compensation Act. B. The Contractor shall purchase and maintain insurance to protect itself from claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of its employees or any person other than its employees; and from claims for damages because of injury to or destruction of tangible property including loss of use resulting therefrom and from claims arising out of the performance of this Contract by the Contractor. The base limits of this policy shall be $1,000,000.00 combined single limit. C. Before the City executes this Contract, the Contractor shall provide the City with evidence of insurance in a form of a Certificate from the insurer naming all policies. The City shall be an additional named insured on the Contractor's insurance policy. The insurance policies shall contain a provision that they may not be cancelled unless prior written notice thereof is given to the City not less than ten (10) business days prior to the cancellation date. D. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The City shall not be responsible for or have control of safety precautions and programs in connection with the Work. E. Contractor provides the financial protection of the required insurance to benefit both City and Contractor. Providing and paying for the insurance is part of the consideration which Contractor offers City. The City does not represent or warrant that the types of limits of insurance specified in this Article adequately protect Contractor's interest or sufficiently cover Contractor's liability. F. The Contractor shall defend, hold harmless and indemnify the City, its officers, agents, and '::"u.l}lloyees from and against any and all claims, demands, actions or causes of action (including court costs and reasonable attorneys' fees) of whatever nature of character arising from the Contractor's performance of the Work herein. 9. WlUTantv". The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract Documents and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract Documents, from the date of City's acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other . .l'::".l.l.ledies available under this Contract, at law or in equity. 60104.01A Construction Services .., ."i. '" ::BI' ~~:,,'''' ,. ~ .'!!' '!t.......'...- ..,.....,''''!'''. ..... , '.'~',~~,:.~~~r~ "!!' --r ,. -.. Should any defects develop in the materials, workmanship, or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within fourteen (14) calendar days after receiving written -notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABIUTY TO THOSE DEFECTS M.I:"bARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation so the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials from the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. 10. Riflhts and Remedies. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 11. Notice. Required notices to the Contractor shall be in writing, and shall be either hand delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: S.M. Hentges & Sons, Inc. P.O. Box 69 Jordan, MN 55352 Notices to the City shall be in writing and shall be either hand delivered to the City Manager or mailed to the City by certified mail in care of the City Manager at the following address: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372. 12. Condition and InsDection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with the Contract Documents. All goods and work not conforming to these requirements shall be considered defective. 60104.0lA Construction Services Goods shall be subject to inspection by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 13. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform to the Contract Documents whether observed before or after Substantial Completion of the Project and whether or not fabricated, installed or completed. The Contractor shall bear all costs 9f correcting such rejected Work. If, within one (1) year after the Date of Substantial Completion of the Project or designated portion thereof or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so unless the City has previously given the Contractor a written acceptance of such condition. This obligation shall survive both fInal payment for the Work or designated portion thereof and termination of the Contract. The City shall give such notice promptly after discovery of the condition. 14. CitY's Ri{!ht to Carrv Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the CuuL.act Documents or fails to perform any provision of the Contract, the City may, after seven (7) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such defIciencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such defIciencies. If the payments then or thereafter due the Contract are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 15. Chan{!e Orders. The Contract Sum may be changed only by written Change Order approved by the City Council. The cost or credit to the City resulting from a Change Order shall be determined in one of the following manners: (1) By mutual acceptance of a lump sum; or (2) by unit prices stated in the Contract Documents as subsequently agreed upon. 16. Unauthorized Work. Additional Wo~k performed without authorization of a Change Order will not entitle CuuL.Clctor to an increase in the CuuL.Clct Price or an extension of the Contract Time. 17. Termination. If the Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials, or fails to made prompt payment to subcontractors or for materials or labor or persistently disregards laws, ordinances, rules, regulations' or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, and fails within seven (7) days after receipt of written notice to commence and continue correction of such default, neglect or violation with diligence and promptness, the City may, without prejudice to any other remedy the City may have, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction 60104.0lA Construction Services hilt. '~4~ ,,!." ..~ .'.. _Iilflllll it 1- &., 2t;' . '" l't~....f,' .t equipment and machinery thereon owned by the Contractor and my fInish the Work by whatever methods the City may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is fInished. - 18. PromDt Pavment to Subcontractors. The Contractor shall pay any subcontractor within ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the Subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of one and one-half percent (1.5 %) per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney I s fees, incurred in bringing the action. The Contractor shall, by an appropriate agreement with each subcontractor, require each subcontractor to make payments to his subcontractors in a similar manner. 19. IndeDendent Contractor. At all times and for all purposes hereunder, the Contractor is. an independent contractor, and not an employee of the City. 20. Affinnative Action Policv. All Contractors and subcontractors employed shall comply with all applicable provisions of all federal, state and municipal laws which prohibit discrimination in >:.mJ!loyment on the basis of race, color, religion, sex, marital status, national origin, ancestry, age, and physical or mental handicap and all rules and regulations, promulgated and adopted pursuant thereto. The Contractor will include a similar provisions in all subcontracts entered into for the performance of this contract. 21. Miscellaneous. A. This Contract shall become effective only upon its execution by both the City and the Contractor. This Contract shall not be modified, amended, rescinded, waived or terminated without the approval in writing of the City Council. B. The City shall be allowed to audit Contractor's books and records during regular business hours upon five (5) days written notice. C. This Agreement shall be governed by the laws of the State of Minnesota. D. That with respect to any and all businesses conducted or acts performed pursuant to this Agreement, the Contractor shall be deemed an employer. E. 01' nON. That the Contractor agrees to pay prevailing wages as required by law. 60104.0lA Construction Services IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year hereinabove fIrst written. CITY OF PRIOR LAKE CONTRACTOR By: Wesley M. Mader, Mayor By: By: Its: Frank Boyles, City Manager STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by Wesley M. Mader and Frank Boyles, respectively the Mayor and City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 19_, by, the of corporation, on its behalf, Contractor. day of .' a Notary Public This Instrument Drafted By: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve Suite 317 Eagan, Minnesota 55121 60104.0lA Construction Services .'t..; ::~Sl!l!! _m!mIIPII!~~f:~j~~, '. .;:~ .a .K7.t.:.~~~,~........,lL,;':~,~.::Ii, t-tlJ (l,- ~",_ '.,1NIi.....i~!it ,. ..X 11" ::D:I. . STANDARD AGREEMENT FOR ENGINEERING OR ARCHITECTURAL SERVICES THIS AGREEMENT is made on the .li!h _day of June . 1998, 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 and Menle Inc. (hereinafter "Engineer or Architect") whose business address is 1515 East Highwav 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 Stakin2 for 1998 Imorovement Proiects (Citv Proiect Nos. 98-14. 98-15. 98-16), The City and Engineer or Architect agree as follows: 1. Engineer or Architect's Services. The Engineer or Architect 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 or Architect shall perform the services outlined in Exhibit A according to the schedule set forth in Exhibit C. 3. Compensation for Services. City agrees to pay the Engineer or Architect for services as described in Exhibit A. Compensation shall be in accordance with Exhibit B, attached and made a part of this Agreement. 4. Enf!ineerinf! Service for Project. The Engineer or Architect, upon direction of the City, agrees to perform the following engineering services: A. See Exhibits A (Work Scope), B (Budget) and C (Schedule). B. Special Engineer or Architects may be utilized by the Engineer or Architect 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 or Architect for extra services by the Engineer or Architect or Special Engineer or Architects when authorized in writing by the City. 5. The City agrees to provide the Engineer or Architect with the complete information concerning the scope of the Project and to perform the following services: G:\FORMS\AGREE.DOC A. Access to the Area. The City shall obtain access to and make all provisiops for the Engineer or Architect to enter upon public and private lands as required for the Engineer or Architect to perform such work as surveys and inspections in the development of the Project. B. Consideration of the Eneineer or Architect's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Engineer or Architect, and shall inform the Engineer or Architect of all decisions within a reasonable time so as not to delay the work of the Engineer or Architect. C. Standards. The City shall furnish the Engineer or Architect with a copy of any design and construction standards they may require in the preparation of the report for the Project. D. Owner's Reoresentative. 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 materials, equipment, elements and systems pertinent to the work covered by this Agreement. 6. Method of Payment. The Engineer or Architect 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. Proeress Pavment. For work reimbursed on an hourly basis, the Engineer or Architect 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. Engineer or Architect 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 or Architect shall provide such documentation as reasonably required by the City. B. Abandoned or Susoended Work. If any work performed by the Engineer or Architect is abandoned or suspended in whole or in part by the City, the Engineer or Architect 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. Comoensation for Services of the Eneineer or Architect. The City shall pay the Engineer or Architect for the services described in Exhibit A of this Agreement. G:\FORMS\AGREE.DOC 2 "'._~:' ,tIII!!!I!I"~ ilI~ '.... ~,.;,,;,~,.,'''''''''''',,~'IIlI~~'~'~. _'~'. (.-'f];<<"~!~ · - '. '!~';> The fee that the City will pay under this Agreement shall not exceed the amount shown on Exhibit B for this project. D. Pavments for the Em!ineer or Architect's Reimbursable Costs., The Engineer or Architect 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: transportation of principals and employees on special trips to the Project or to other locations, materials and supplies, and AutoCADD as required to expedite the work, and reproduction of reports. 7. Accuracy of Work. Engineer or Architect 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 or Architect without additional compensation. If the date 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 or Architect to modify, update, and/or correct the affected work product. All such corrective work performed by Engineer or Architect shall be considered to be additional services for which additional compensation shall be paid to Engineer or Architect on the basis of Engineer or Architect's standard fees or actual costs incurred. 8. Project Manager and Staffing. The Engineer or Architect has designated James E. Johnson. P.E. and Dennis Honsa. R.L.S. 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 or Architect may not remove or replace James E. Johnson. P.E. . or Dennis Honsa. R.L.S. from the Project without the approval of the City. 9. Audit Disclosure. The Engineer or Architect shall allow the City or its duly authorized agents reasonable access to such of the Engineer or Architect'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 or Architect 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 or Architect shall become the property of the City upon termination of this Agreement, but Engineer or Architect may retain copies of such documents as records of the services provided. 10. Term. The term of this Agreement shall be from June 16. 1998 through Ammst 1. 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. G:\FORMSlAGREE,DOC 3 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 termmation under this provision if there is no fault of the Engineer or Architect, the Engineer or Architect 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 or Architect has failed to perform in accordance with this Agreement, no further payment shall be made to the Engineer or Architect, 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 Engineer or Architect shall be responsible for the difference between the cost actually incurred and the Agreement amount. 12. Subcontractor. The Engineer or Architect 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 or Architect shall pay any subcontractor involved in the performance of this Agreement within the (10) days of the . Engineer or Architect's receipt of payment by the City for undisputed services provided by the subcontractor. If the Engineer or Architect fails within that time to pay the subcontractor any undisputed amount for which the Engineer or Architect has received payment by the City, the Engineer or Architect 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 or Architect 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 or Architect shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 13. Independent Engineer or Architect. At all times and for all purposes herein, the Engineer or Architect is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Engineer or Architect an employee of the City. 14. Non-Discrimination. During the performance of this contract, the Engineer or Architect 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 or Architect 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 or Architect 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. G:\FORMSIAGREB.DOC 4 a.~ 1- ...J,.,..... ' ,;;1,. .~IIi'~"'... ,...'Ili",I'IIUIl. i, . lrk~flila'~Il.'i ,il, Ii; 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 or Architect 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 or Architect shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. Any violations 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. Engineer or Architect 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 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. 22. Insurance. A. General Liabilitv. During the term of this Agreement, Engineer or Architect 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 or Architect'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 G:\FORMS\AGREE.DOC 5 insurance coverage must be provided to the City before work under this Agreement is begun. B. Worker's Comoensation. The Engineer or Architect shall secure and maintain such insurance as will protect Engineer or Architect 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 or Architect's services under this Agreement. C. Professional Liabilitv Insurance. The Engineer or Architect 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 Engineer or Architect, 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 Engineer or Architect 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 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. G:\FORMSIAGREE.DOC 6 _ -:--,. , ""0,,)'.''- -~IW,.'rf_, &J. .:li.i.ill.a..;.,iil.:,.;............~......:i.li.;,_lJ..,~ JI: oi..,..," "" ~ "",, . .::i:.;:-:'::~"iIOl,:ILj~.:....I~'L;i!LF;;1.r-' a~. a '...< ft'.... ~...,,; !_. Executed as of the day and year first written above. Reviewed for Administration: City Manager Approved as to Form and Execution: City Attorney Reviewed for Engineering: Director of Public Works Accounting Records Posted: Director of Finance Resolution Authorizing No. 98- G:\FORMS\AGREE.DOC CITY OF PRIOR LAKE Mayor City Manager By: Its: By: Its: 7 I I I I I I I I I I I I I I I I I I I ..~ EXHIBIT A SCOPE OF SERVICES Bolton & Menk:, Inc. (EM!) }'wpOses to provide construction observation and construction staking services to the City of Prior Lake to facilitate the construction of the City's "1998 Street Improvements Projects" consisting of the following three (3) projects: 1. PLEASANT STREET, COLORADO STREET, WEST AVENUE, & BIRCH AVENUE RECONSTRUCTION - PROJECT 98-14; 2. PLEASANT STREET OVERLAY - PROJECT 98-15; A;ND 3. DULUTII AVENUE RECONSTRUCTION - PROJECT 98-16. In providing the construction staking services, Bolto & Menk., Inc. proposes to: 1. Provide line and grade stakes as required for all utility improvements; 2. Provide "cut sheet" for all utility 4.vlements; 3. Provide line and grade stakes as required for all street 4~v"eri1ents including curb stakes, sidewalks, trails, etc.; 4. Provide "cut sheets" for all street 4~I."'ments;and . 5. Acquire "as built" swvey information and provide it to the City Engineering Department for incorporation into the "Record Drawings." Statement of Qualifications for Construction Staking/Observation Services City of Prior Lake Submitted by Bolton & Menk, Inc. Section I - Page 1 ;i: '.,.~.t~J;~~-'&--:~...ar.~;.... '1:) 'ill. . .........._,.., "...&,.......1 ;;6 .:ll .- ".if~dil:_~ .a JI ..' .~ . . . - - I I I I I I I I I I I I I " EXHIBIT B COMPENSATION The following <<Anticipated Budget" and Maximum Cost Not-to-Exceed" fees are proposed to the City of Prior Lake for each of the three (3) projects included in the City's <<1998 Street 1up.vvement Projects." Construction Staking The fees for providing professional surveying services typically range from 2.0% to 4.0% of the construction cost of the proposed improvements. Bolton & Menk, Inc (BMI), as shown in the table below, feels that the realistic budget for these projects is about 2.35% of the estimated construction cost if a quality contractor secures the projects and the weather conditions are favorable. However, we feel that the maximum cost-not-to-ex:ceed amount needs to be established at about 3.15% of the estimated construction cost for the basic surveying services. All surveying services, ex:cluding restaking services requiring full crew, are proposed to be billed at an hourly rate of $75.00 per hour. Provided in the table below are the "Realistic Budget" and the Maximum Cost-Not-to-Exceed" figures for each of the three (3) projects. 98..;14 $700,000 $75.00/hr 220 $16,500 293 $22,000 98-15 $70,000 $75.00/hr 23 $1,700.00 30 $2,200 98-16 $500,000 $75.00/hr 157 $11,800 210 $15,800 $1,270,000 $75.00/hr 400 $30,000 I 533 $40,000 1 Statement of Qualifications for Construction Staking/Observation Services City of Prior Lake Submitted by Bolton &: Menk, Inc. Section 2 - Page J ... EXHIBIT C Project Schedule: The schedule for Bolton & Menk to complete the construction staking will be dependent on the contractor's schedule and any delays due to weather. The scheduled construction completion date could be July 1,2000. The terms of this contract shall be through August 1,2000. G:\FORMS\AGREE.DOC 9 . _~. :1.. jb ....'..~l'~.~>>~--.;-a:~"' {~, At, aa .I....".-...~_h ;ud.~:~:Itt.~ 'call:';'" _ ';:';IJ:"'''~~" a 0& ..i. :, ~: .......