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HomeMy WebLinkAbout10B - Wild Oaks Construction Observation Services CITY COUNCIL AGENDA REPORT AGENDA ITEM: DECEMBER 20, 1999 108 SUE MCDERMOTT, ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER / L/ I CONSIDER APPROVAL OF RESOLUTION 99-d . I AUTHORIZING BRA & ASSOCIATES, INC. TO PROVI6E CONSTRUCTION OBSERVATION SERVICES FOR DEVELOPER INSTALLED IMPROVEMENTS AT THE WILD OAKS SUBDIVISION. MEETING DATE: AGENDA #: PREPARED BY: DISCUSSION: HISTORY With each development agreement, the City of Prior Lake collects a construction observation fee equal to 6% of the developer installed improvements. This fee pays for the cost of construction observation. On September 7, 1999, the City Council passed Resolution 99-84 authorizing the consulting firm of OSM & Associates, Inc. to provide these services for 1999. Since that time, OSM & Associates has gone out of business and while they are completing existing obligations with the City (construction observation services for Fountain Hills, Glynwater 2nd and Knob Hill 4th), they are no longer accepting additional work. Until a new firm is selected, an interim consultant is required to complete the inspections for developer installed improvements. CURRENT CIRCUMSTANCES With this years extended construction season, the developer of Wild Oaks would like to begin installation of utilities for the subdivision. At such a short notice, staff has relied on proposals received and interviews conducted in August of 1999 when OSM was selected. Based on the outcome of the proposals as well as the interviews, staff recommends awarding the contract for construction observation for Wild Oaks to Bonestroo Rosene Anderlik & Associates, Inc. (BRA). BRA currently provides similar services for Apple Valley as well as other communities in the metropolitan area. In addition, BRA are familiar with City design and 162QfJo~Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: WILDOAK.DOC construction standards and provided construction staking services on the 1998 Improvement Projects. ISSUES Construction observation services will be necessary for future developments beyond the 1999 construction season. The Engineering staff will send requests for proposals in early 2000 to begin the selection process for a consulting firm or firms to provide construction observation services as for developer improvements installed in 2000. The contract before the Council with this item is for construction observation for the Wild Oaks development only. CONCLUSION Staff recommends award of the construction observation contract for Wild Oaks to BRA & Associates. A fee for construction observation is required with each Development Contract. These services would be paid from the 6% fee, which for Wild Oaks is $22,587.00. Staff will monitor the construction observation budget for the Wild Oaks development to ensure the budget is not exceeded. There are three alternatives for the City Council to consider: 1. Approve Resolution 99-XX authorizing the Mayor and City Manager to enter into a Standard Professional Services Contract with BRA & Associates, Inc. to provide construction observation services for developer installed improvements. 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 approve Resolution 99-XX authorizing the Mayor and City Manager to enter into a Standard Professional Services Contract with BRA & Associates, Inc. to provide construction observation services for developer installed improvements. 1fgj,{~ /Lfl RESOLUTION 991f1 RESOLUTION AUTHORIZING BRA & ASSOCIATES, INC. TO PROVIDE CONSTRUCTION OBSERVATION SERVICES FOR DEVELOPER INSTALLED IMPROVEMENTS AT THE WILD OAKS DEVELOPMENT p5 SECOND BY: JP MOTION BY: WHEREAS, Wild Oaks is a development occurring in the City of Prior Lake and this development requires construction observation, 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, BRA & Associates, Inc. is hereby authorized to provide Construction Observation Services for developer installed improvements at the Wild Oaks development. in the amount not to exceed $22,000. BE IT FURTHER RESOLVED, that funding for these engineering services will be drawn from the fee collected by the City in conjunction with Development Contracts and the Mayor and City Manager are authorized to execute said agreement on behalf of the City. Passed and adopted this 20th day of December, 1999. YES NO Mader Mader Kedrowski Kedrowski Petersen Petersen Schenck Schenck Wuellner Wuellner {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:\RESOL99\WILDOAK.DOC AN EQUAL OPPORTUNITY EMPLOYER STANDARD AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is made on the _20th_day of December , 19 _99 _, between the City of Prior Lake, Minnesota (hereinafter "City"), whose business address is 16200 Eagle Creek Avenue S.E., Prior Lake, MN 55372-1714, and Bonestroo. Rosene. Anderlik & Associates. Inc. (hereinafter "Engineer") whose business address is 2335 W. Highway 36. St. Paul. MN 55113. PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written contracts with the City. The purpose of this contract is to set forth the terms and conditions for Construction Observation services for Wild Oaks (City Protect #98- ~-' The City and Engineer agree as follows: 1. Engineer's Services. The Engineer agrees to provide construction observation services 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 an amount not to exceed $22.000.00 (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 engineering 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 Engineeringl Arch! 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 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 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 Engineer i ng/ Archi tectural 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 James Fruechtl and Mike Hirsch 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 James Fruechtl or Mike Hirsch , 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. Term. The term of this Agreement shall be from December 20. 1999 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 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 Engineering/ Archi 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 find 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 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 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 Engineer i ng/ Archl 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'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 Engineering/ Archi teet ural ----------T--- Wit may use the infonnation 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 BRA & Associates, Inc. By: Mayor Its: City Manager Reviewed for Engineering: Director of Public Works 60104.02 Engineering/ Archi teet ural