HomeMy WebLinkAbout#06 - MnDOT Bridge Inspection Program STAFF REPORT
DATE: July 17, 2018
CONSENT
ITEM # 6
AGENDA ITEM: MnDOT Bridge Inspection & Enrollment Program – Approve Engineering Task
Order
SUBMITTED BY: Jack Griffin, City Engineer
REVIEWED BY: Kristina Handt, City Administrator Rob Weldon, Public Works Director
Chad Isakson, Assistant City Engineer
ISSUE BEFORE COUNCIL: Should the City Council authorize engineering services to perform initial
inspections and complete professional services necessary to enroll the City’s three bridge structures into
the Minnesota Department of Transportation’s Bridge Management Program?
BACKGROUND: In accordance with Minnesota State Statute 165.03, all public structures classified as
bridges must be enrolled in the Minnesota Department of Transportation’s Bridge Management Program.
The City of Lake Elmo has three structures, one along 57th Street North located in the Discover Crossing
development, and two along Eagle Point Blvd in the Eagle Point Business Park. Following initial
enrollment, annual inspections are required.
PROPOSAL DETAILS/ANALYSIS: Work for this project would include initial bridge inventory and
inspections, summary report of the bridge inspection findings, and completion of load ratings of all three
bridge structures located within the City of Lake Elmo. The Consultant would fill the role of Program
Administrator for the City and would review and certify the completed reports. A Request for Proposal was
solicited from three (3) MnDOT Certified Bridge inspection engineers including Collins Engineers,
Erickson Engineering, and TKDA. Based on a review of the submitted proposals, staff is recommending
selection of Erickson Engineering to complete the work based on project team qualifications, experience,
and overall fees (see attached Proposal Fee Summary worksheet).
FISCAL IMPACT: The services will be funded through Street Maintenance Fund 3100.
RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent
Agenda, engineering services to inspect, rate, and summarize bridge inspection findings of the City’s three
bridges. If removed from the consent agenda, the recommended motion for the action is as follows:
“Move to authorize Erickson Engineering to complete engineering services to inspect, rate, and
summarize bridge inspection findings of the City’s three bridges in an amount not to exceed
$4,910.00.”
ATTACHMENTS:
1. Proposal Fee Summary Worksheet.
2. Erickson Engineering Task Order #1 – Bridge Management Program.
3. Professional Services Agreement – Erickson Engineering.
CITY OF LAKE ELMO, MINNESOTA
BRIDGE MANAGEMENT PROGRAM
DATE RECEIVED: JUNE 29, 2018
Consulting Firm Total Engineering PM/PA BRIDGE INSPECTIONS/REPORTS LOAD RATING EXPENSES
COLLINS ENGINEERS $9,613 $1,824 $5,596 $1,664 $529
ERICKSON ENGINEERS $4,910 $330 $3,820 $760 Included
TKDA, Inc.$8,500 $1,742 $5,808 $746 $204
PROPOSAL FEE SUMMARY
TASK ORDER No. 1 – BRIDGE MANAGEMENT PROGRAM Page 1 of 2
TASK ORDER No. 1
CITY OF LAKE ELMO, MINNESOTA – ERICKSON ENGINEERING CO., LLC
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
In accordance with ARTICLE 1 of the Master AGREEMENT between the City of Lake Elmo (“CITY”) and
Erickson Engineering Co., LLC (“ENGINEER”), dated JULY 17, 2018 (“AGREEMENT”), the ENGINEER
agrees to provide Professional Engineering Support Services as follows:
BRIDGE MANAGEMENT PROGRAM
PROJECT OVERVIEW: According to State Law, all public structures classified as bridges must be
enrolled in the Minnesota Department of Transportation’s Bridge Management Program. The City of
Lake Elmo has three structures, one along 57th Street North and two along Eagle Point Blvd, that fall
under this classification that are not currently enrolled. Any and all necessary data should be collected
and processed as part of this Task Order so the City’s bridges are formally enrolled in MnDOT’s
Program. Work includes initial inspections, summary reports of the bridge inspection findings, and
complete load ratings of all three bridge structures located within the City of Lake Elmo.
SERVICES TO BE PROVIDED BY ENGINEER: Erickson Engineering Co., LLC shall provide the following
Professional Engineering Services:
1. Project Management throughout the course of the work.
2. Program Administrator (PA) – The Consultant shall provide a qualified individual to serve as the
City’s PA for bridge inspections.
3. Bridge Inspection Services
Perform initial inspections on the three bridge structures located within the City of Lake
Elmo. Inspections shall be completed by a MnDOT Certified Team Leader for Bridge
Inspections. All required information shall be collected to complete the initial MnDOT
Bridge Inspection Report and MnDOT Structure Inventory Reports. Initial inspection
data shall be entered into MnDOT Structure Inventory Management Software (SIMS).
Prepare a summary report of the bridge inspection findings and submit to the City. The
summary report shall contain unique maintenance recommendations for each structure
evaluated.
Complete load ratings for each structure. It is assumed that each bridge will be classified
as a culvert and ratings may be completed using MnDOT Form 90. Each rating shall be
signed by an Engineer licensed in the State of Minnesota.
DELIVERABLES:
Completed Bridge Inspection Reports and Structure Inventory Reports.
Certified load rating reports.
TASK ORDER No. 1 – BRIDGE MANAGEMENT PROGRAM Page 2 of 2
Development and approval of the SIMS reports for each of the bridges.
CITY’S REPRESENTATIVE AND CONTRACT ADMINISTRATION: The CITY’s representative with respect
to services rendered by ENGINEER under this TASK ORDER shall be the City Engineer. Project
correspondence must be addressed to:
Jack Griffin, P.E., City Engineer
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
651.300.4264
Email: Jack.griffin@focusengineeringinc.com
COMPENSATION: Compensation to ENGINEER shall be on an hourly rate basis using the hourly billing
rates and assigned personnel in a not to exceed amount of $4,910.00.
Payment for Services shall be in accordance with ARTICLE 3.2 of the Master AGREEMENT. Invoices
should be sent to the attention of the City Engineer.
ATTACHMENTS: The following documents are incorporated by reference: None.
APPROVAL AND ACCEPTANCE: Approval and Acceptance of this Task Order, including the
attachment(s) listed above, shall incorporate this document as part of the AGREEMENT. ENGINEER is
authorized to begin performance of services upon receipt of a copy of this Task Order signed by CITY.
The Effective Date of this Task Order is JULY 17, 2018.
ERICKSON ENGINEERING CO., LLC CITY OF LAKE ELMO, MINNESOTA
By _________________________________ By _________________________________
(Authorized Principal of the Firm) City Administrator
CITY OF LAKE ELMO – Erickson Engineering‐Professional Services Agreement Page 1 of 6
CITY OF LAKE ELMO, MINNESOTA
CLIENT‐PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is made effective on July 17, 2018, (“Effective Date”) between the CITY OF LAKE ELMO,
MINNESOTA, a Minnesota Municipal corporation (hereinafter referred to as the “CITY”), and Erickson
Engineering Co., LLC, a corporation (hereinafter referred to as “CONSULTANT”).
From time to time the CITY intends to engage CONSULTANT to provide Professional Services. This AGREEMENT
sets forth the general terms and conditions which shall govern the relationship and performance of the CITY and
CONSULTANT.
In consideration of the foregoing recitals and following terms and conditions contained herein, the CITY and
CONSULTANT agree as follows:
ARTICLE 1: SERVICES OF THE CONSULTANT
1.1 Scope of Services:
A. The services to be provided by CONSULTANT shall be set forth in a written communication or “Task
Order” that is authorized by the City prior to the start of work.
B. Professional Services will, in general, include studies and reports, design, preparation of working
drawings and specifications; construction administration and construction observations; mapping,
preparation of cost estimates; and other related tasks of a type normally associated with
infrastructure improvements.
C. This AGREEMENT is not a commitment by the CITY to CONSULTANT to request services or to issue
any Task Orders.
1.2 Task Order Procedure
A. CONSULTANT shall provide the CITY with a “Task Order” for specific services or projects when
requested by the CITY. Each Task Order will indicate the specific task, scope of services, time for
performance, deliverables to be provided, and the basis of compensation.
B. Individual “Task Orders” or written communications authorizing services by the CONSULTANT shall
be mutually approved by the CITY and CONSULTANT. Each duly executed Task Order shall be
incorporated and made a part of this AGREEMENT and the General Considerations thereof.
ARTICLE 2: PERIOD OF SERVICE AND TIMES FOR RENDERING SERVICES
2.1 Term: This AGREEMENT shall be effective and applicable to each “Task Order” issued hereunder and
shall apply to any service provided by CONSULTANT whether retained under a formal ““Task Order” or
other written action or approval by the CITY, subject, however, to termination by either party in
accordance with ARTICLE 5.9.
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2.2 The times for performing services or providing deliverables shall be as stated in each Task Order or
written communication authorizing the service or deliverable.
2.3 The term of the AGREEMENT may be extended by written instrument executed by both parties.
ARTICLE 3: COMPENSATION
3.1 Basis for Compensation: Compensation to CONSULTANT shall be as set forth in each Task Order. When
services are requested by the CITY and a Task Order is not executed, the services shall be provided on
an hourly rate basis in accordance with the hourly rate sheet on file at the CITY, or as mutually agreed
to in written form.
3.2 Payments for Services
A. Preparation and Submittal of Invoices: CONSULTANT shall prepare and submit invoices to the CITY on
a monthly basis, unless otherwise mutually agreed. Invoices are due and payable within 45 days of
receipt.
B. Unpaid Invoices: All accounts unpaid after 45 days from the date of original invoice shall be subject to
a service charge of 1.0% per month, with interest beginning to accrue 45 days after the date of receipt
of the invoice. Payment will be credited first to any interest and then to principal.
C. Disputed Invoices: If the CITY contests an invoice, the CITY shall advise CONSULTANT of the specific
basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion.
ARTICLE 4: CITY’S RESPONSIBILITIES
4.1 The CITY shall designate a person to act as the CITY’s representative with respect to services to be
rendered under this AGREEMENT. Unless otherwise designated in writing, the CITY’s representative shall
be the CITY ENGINEER. Such persons shall have authority to transmit instructions, receive instructions,
receive information, interpret and define CITY’s policies with respect to CONSULTANT’s services, and
render decisions relative to a specific project.
4.2 Provide Access: The CITY shall provide access to, and make provisions for, CONSULTANT to enter upon
public or private property as required to perform their work.
4.3 Provide supporting documentation and Services: The CITY shall provide all necessary information
regarding its requirements as necessary for orderly progress of the work, including records, data,
instructions, and requirements for completeness. The CITY shall also provide services in regards to
accounting, fiscal and bond counseling services, insurance, and legal services as may be required for the
project.
4.4 The CITY shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of
all requirements, programs, instructions, reports, data, and other information furnished by the CITY to
CONSULTANT pursuant to this AGREEMENT. CONSULTANT may use such requirements, programs,
instructions, reports, data, and information in performing or furnishing services under this AGREEMENT.
CITY OF LAKE ELMO – Erickson Engineering‐Professional Services Agreement Page 3 of 6
4.5 Provide prompt Notice and Review: The CITY shall promptly review and examine all correspondence,
reports, sketches, drawings, specifications and other documents and communications prepared and
presented by CONSULTANT and render decisions pertaining thereto within a reasonable time so as not
to delay the services of CONSULTANT. The CITY shall also give prompt notice to CONSULTANT whenever
CITY observes or otherwise becomes aware of any development that affects the scope or timing of
CONSULTANT’s services or any defect in the work.
4.6 The CITY shall act as liaison with other agencies or involved parties to carry out necessary coordination
and negotiations; obtain permits; and to obtain approvals and consents from others as may be necessary
for completion of the project.
ARTICLE 5: GENERAL CONSIDERATIONS
5.1 Standards and Parameters of Performance
A. Standard of Care: The standard of care for all professional services performed or furnished by
CONSULTANT under this AGREEMENT will be the care and skill ordinarily used by members of the
subject profession practicing under like circumstances.
B. Technical Accuracy: CONSULTANT shall be responsible for the technical accuracy of its services and
documents resulting therefrom, and CITY shall not be responsible for discovering deficiencies
therein. CONSULTANT shall correct such deficiencies without additional compensation except to the
extent such action is directly attributable to deficiencies in CITY‐furnished information.
C. Subconsultants: CONSULTANT may employ such Subconsultants as CONSULTANT deems necessary
to assist in the performance or furnishing of the services, subject to reasonable, timely, and
substantive objections by Owner.
D. Compliance with Laws and Regulations, and Policies and Procedures: CONSULTANT and CITY shall
comply with applicable Laws and Regulations and CITY mandated standards.
E. CONSULTANT shall not at any time supervise, direct, control, or have authority over any contractor
work, nor shall CONSULTANT have authority over the means, methods, techniques, sequences, or
procedures of construction selected or used by any contractor, or the safety precautions and
programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to
comply with Laws and Regulations applicable to such contractor’s furnishing and performing its
work.
F. CONSULTANT neither guarantees the performance of any Contractor nor assumes responsibility for
any Contractor’s failure to furnish and perform the Work in accordance with the Contract
Documents, or for the acts or omissions of any Contractor, Subcontractor, or Supplier.
5.2 Independent Contractor: CONSULTANT is an independent contractor. The manner in which the services
are performed shall be controlled by CONSULTANT; however, the nature of the services and the results
to be achieved shall be specified by the CITY. All services provided by the CONSULTANT pursuant to this
AGREEMENT shall be provided by the CONSULTANT as an independent contractor and not as an
employee of the CITY for any purpose, including but not limited to: income tax withholding, workers’
compensation, unemployment compensation, FICA taxes, and eligibility for employee benefits.
CITY OF LAKE ELMO – Erickson Engineering‐Professional Services Agreement Page 4 of 6
5.3 Insurance
A. CONSULTANT shall procure and maintain insurance for protection from claims against it under
worker’s compensation acts (statutory limits), claims for damages because of bodily injury including
personal injury, and from claims against it for damages because of injury to or destruction of
property including loss of use resulting therefrom.
B. CONSULTANT shall also procure and maintain professional and commercial general liability
insurance, and auto and excess insurance, for all damages arising out of the performance of services
caused by an error, omission or negligent act for which CONSULTANT is legally liable.
C. For any specific Task Order, the CITY may request that CONSULTANT provide additional insurance
coverage, increased limits, or revised deductibles.
Certificates of insurance will be provided to the CITY upon execution of the contract and thereafter
upon request by the CITY. The CITY shall be listed as an additional insured.
5.4 Data Practices Act Compliance: Data provided by CONSULTANT or created under this AGREEMENT
shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13.
5.5 Use of Documents
A. All Documents prepared and submitted by CONSULTANT are instruments of service, except for CITY‐
furnished data. CONSULTANT shall retain an ownership and property interest therein (including the
right of reuse at the discretion of the CONSULTANT) whether or not the Project or Service is completed.
B. At the time of completion or termination of this AGREEMENT or for each “Task Order,” CONSULTANT
shall make available to the CITY, upon request, copies of all deliverables, maps, reports, and
correspondence, pertaining to the work or Project. All such documents are not intended or
represented to be suitable for reuse by the CITY for any other project. Any reuse without written
verification or adaptation by CONSULTANT for the specific purpose intended will be at the CITY’s sole
risk.
C. In the event electronic copies of documents are made available to the CITY, the CONSULTANT makes
no representations as to long‐term compatibility of such documents resulting from the use of software
application packages, operating systems, or computer hardware differing from those used by the
documents’ creator.
5.6 Conflict of Interest: The CONSULTANT shall use best efforts in the performance of its services and
professional obligations to avoid conflicts of interest and appearances of impropriety in representation
of the CITY. In the event of a conflict, the CONSULTANT, with the consent of the CITY, shall arrange for
suitable alternative engineering representation. It is the intent of the CONSULTANT to refrain from
handling engineering matters for any other person or entity that may pose a conflict of interest or may
not be in the best interests of the CITY.
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5.7 Termination
A. Either party may terminate this AGREEMENT upon thirty (30) days written notice.
B. Either party has the right to terminate any “Task Order” upon ten (10) days’ written notice unless
otherwise stated in the Task Oder. In addition, the CITY may at any time, reduce the scope of a “Task
Order”. Such reduction in scope of a Task Order shall be set forth in a written notice from the CITY
to the CONSULTANT.
C. In the event of a reduction in scope of a “Task Order,” CONSULTANT shall be paid for the work
performed and expenses incurred on the Task Order thus reduced and for any completed and
abandoned work for which payment has not been made.
D. In the event of termination of an “Task Order,” copies of all documents prepared by CONSULTANT
under the Task Order shall be made available by CONSULTANT to the CITY, pursuant to ARTICLE 5.6,
and there shall be no further obligation of the CITY to CONSULTANT under the Task Order, except
for payment of amounts due and owing for work performed and expenses incurred to the date and
time of termination.
E. In like manner, if the entire AGREEMENT is terminated, copies of all remaining documents on file
with the CONSULTANT shall also, upon request, be made available to the CITY pursuant to ARTICLE
5.6 upon receipt of payment of amounts due and owing CONSULTANT for any authorized work.
5.8 Controlling Law: This AGREEMENT is to be governed by the laws of the State of Minnesota.
5.9 Successors, Assigns, and Beneficiaries
A. The CITY and CONSULTANT are hereby bound and the successors, executors, administrators, assigns,
and legal representatives of the CITY and CONSULTANT are hereby bound to the other party to this
AGREEMENT and to the successors, executors, administrators, assigns and legal representatives of
such other party, in respect of all covenants, agreements, and obligations of this AGREEMENT.
B. Neither the CITY nor CONSULTANT may assign, sublet, or transfer any rights under or interest in this
AGREEMENT, or any portion thereof, without the written consent of the other party. Nothing
contained in this paragraph shall prevent CONSULTANT from employing such independent
professional associates and consultants as CONSULTANT may deem appropriate to assist in the
performance of services hereunder.
C. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT
to anyone other than the CITY and CONSULTANT.
5.10 Dispute Resolution
A. The CITY and CONSULTANT agree to negotiate all disputes between them in good faith for a period of
thirty (30) days from the date of notice prior to invoking other provisions of this AGREEMENT, or
exercising their rights under law.
CITY OF LAKE ELMO – Erickson Engineering‐Professional Services Agreement Page 6 of 6
5.11 Notices: Any notice required under this AGREEMENT will be in writing, addressed to the appropriate party
at its address on the signature page and given personally, by registered or certified mail postage prepaid,
or by a commercial courier service. All notices shall be effective upon the date of receipt.
5.12 Survival, Severability, Waiver
A. Survival: All express representations, waivers, indemnifications, and limitations of liability included in
this AGREEMENT will survive its completion or termination for any reason.
B. Severability: Any provision or part of the AGREEMENT held to be void or unenforceable under any
Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon the CITY and CONSULTANT.
C. Waiver: A party’s non‐enforcement of any provision shall not constitute a waiver of that provision,
nor shall it affect the enforceability of that provision or of the remainder of this AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first above written.
Erickson Engineering Co., LLC CITY OF LAKE ELMO, MINNESOTA
By _____________________________________ By ___________________________________ __
Mayor
By ___________________________________
City Clerk