Loading...
HomeMy WebLinkAboutRES 82-062 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BONESTROO AND ASSOCIATES FOR ENGINEERING SERVICES Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102558 Box: 23 Folder: RES 1982 Document: RES 82-062 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO ENTER INTO AN AGREEMENT WITH BONESTROO AND ASSOCIATES FOR ENGINEERING SERVICES • RESOLUTION 82-062 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A14 AGREE- MENT WITH BONESTROO' AND ASSOCIATES FOR ENGINEERING SERVICES WHEREAS, an investigation of City Water Well #3 is necessary to determine levels and sources of water contamination; and WHEREAS , proposals from three firms were received to act as consulting engineers to the City for this work; and WHEREAS, these proposals. were . reviewed and .an engineer selected on the basis of. experience, expertise,, cost, and numerous related factors , that firm being Bonestroo and Associates , St. Paul, I-IN. NOW, THEREFORE, BE IT RESOLVED .that the Mayor and City Manager are authorized to enter into an agreement for services with Bonestroo and Associates in conjunction with their proposal, dated November 29 , 1982 . Adopted this )L44h day of �p.�mn�w— 19 82 . • Mayor ATTEST: City Clerk Reviewed for administration : City Manager l~ F y" J AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF ST. ANTHONY AND BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. THIS AGREEMENT, made and entered into on /O , 19 83 , by and ; 01 between the City of St. Anthony , hereinafter called the Owner and Bonestroo, Rosene, Anderlik & Associates, Inc. , hereinafter called the Engineer: ' WITNESSETH: WHEREAS, the Owner intends to use the Engineer from time to time to perform professional services for general engineering and the construction of public works projects as may be assigned by the Owner in writing; and WHEREAS, the Owner and Engineer deem it mutually advantageous to set forth i the details of their relationship in writing; NOW, THEREFORE, the parties hereto agree that the following shall constitute a joint agreement for engineering services; it being understood that a single construction contract shall be deemed a project. SECTION 1. ENGINEER'S SERVICES 1.1. Basic Services 1.1.1. The Owner herewith employs the Engineer to perform and the Engineer here- with agrees to perform the services hereinafter described. 1.1.2. The Engineer's Basic Services shall consist of the Preliminary Report i Phase, the Design Phase, the Bidding Phase, and the Construction Phase. 1.2. Preliminary Report Phase Upon receipt of the Owner's written authorization to proceed with the Pre- liminary Report Phase the Engineer shall: - 1 - 1.2.1. Consult with the Owner to ascertain the Owner's requirements for the Project. 1.2.2. ' Prepare and submit to the Owner a Comprehensive Engineering and Feasibil- ity Report on the Project. This Report shall indicate the scope of the Project and shall specifically cover at least the following subjects: Preliminary de- sign; cost estimates; list of permits required from other governmental and ad- ministrative bodies; project sketches; and such other information and data as are required to fully inform the Owner as to the proposed project. The Report shall be compiled in appropriate form and fifteen (15) copies thereof shall be sub- mitted to the Owner. 1.2.3. Outline, in sufficient detail to enable the Owner to make reasonable judgments thereon, the anticipated permanent and temporary easements and rights- of-way needed for the construction of the Project. 1.2.4. Present the data contained in the Report to the Council at public hear- ings with the use of maps and diagrams which depict the nature and location of the Project. 1.3. ' Design Phase Upon receipt of the Owner's written authorization to implement the Prelim- . ,•� inary Report, and to proceed with the Design Phase the Engineer shall: 1.3.1. Design and prepare detailed working plans and specifications for the Project. During the consideration and preparation of said designs, plans and specifications, the Engineer shall periodically consult with the Owner to insure the Owner's desires with respect to the Project are being satisfied. 1.3.2. Prepare the Contract Documents, which shall include construction agree- ment forms, payment and performance bond forms, general conditions, special provisions, detailed construction drawings, specifications and proposal forms; - 2 - J the Engineer shall furnish the Owner with enough of said Contract Documents suf- ficient to cover the number of anticipated bidders. 1.3.3. Obtain all necessary approvals, permits and licenses from the Minnesota Highway Department, railroads, Minnesota Pollution Control Agency, watershed districts and all other parties and bodies having jurisdiction of any phase of the Project. 1.3.4. Advise the Owner as to the necessity of his obtaining services in addi- tion to -those furnished by the Engineer such as land and easement surveys, soil borings, testing services and other information needed for the implementation of the project. When concurred with and authorized by the Owner, the Engineer shall assist the Owner in procuring these services. Payment will be made in accordance with Section 2 "ADDITIONAL SERVICES". 1.3.5. Prepare a statement of the Engineer's Opinion of the Construction Cost for the Project based upon designs established to this point. 1.4. Bidding Phase Upon receipt of the Owner's written authorization to proceed with the Bid- ding Phase, the Engineer shall: 1.4.1. Assist the Owner in obtaining and analyzing bids and proposals and in awarding the Construction Contract. 1.5. Construction Phase Upon receipt of the Owner's authorization to proceed with the Construction Phase, the Engineer shall: 1.5.1. Organize, attend and assist the Owner at the Pre-construction conference with the successful bidder, and any other parties, bodies, or agencies who have • an interest in the Project. 3 - • 1.5.2. Make sufficient visits to the site to observe the progress and quality of the construction work to determine if the work is proceeding in accordance with the Contract Documents. During such visits and on the basis of his on- site observation as an experienced and qualified Professional Engineer, the Engineer shall keep the Owner informed of the progress of the work, advise the Owner regarding necessary change orders, apparent defects or deficiencies in the work of the Contractor and inform the Owner of his disapproval of any work which does not conform to the Contract Documents. 1.5.3. Review the Contractor's request for progress payments, advise the Owner as to the Engineer's opinion of the extent of the .work completed in ac- cordance with the terms of the Construction Contract, and issue for processing by the Owner, Requests for Payment. The Engineer shall submit to the Owner estimated cash-flow requirements when requested. • 1.5.4. Make recommendations to the Owner as to all claims relating to the ex- ecution and progress of the construction work. 1.5.5. Notify the Owner in writing of all permanent work which does not con- form to the standards and specifications of the construction contract, prepare a written notice describing any apparent non-conforming work, and supervise the performance of corrective work. 1. 5.6. Issue such additional instructions to the Contractor as may be neces- sary to interpret the drawings and specifications or the illustrated changes required in the Contractor's work. 1.5.7. Prepare Change Orders for work not covered by the Contract or substan- tial over-run of "contract quantities" per 1.5.3. for the Owner's approval - 4 - 3274b after discussion of the same with Owner. Change Orders shall be processed as soon as practical after written approval thereof has been received by the En- gineer from the Owner. 1.5.8. Conduct construction progress reviews with the Contractor and the Owner related to the Contractor's date of completion. 1.5.9. Conduct in the presence of the Owner's Public Works Director periodic tests during the course of construction. 1..5.10.. Conduct in the presence of the Owner's Public Works Director a final inspection of the project as constructed to determine whether it conforms with the design concept of the project as contained in the Contract Documents, and determine whether it is constructed in accordance with the Contract Docu- ments. The Engineer shall prepare a punch list for the Contractor, listing thereon work left to be completed by the Contractor.. The Engineer shall cert- ify his recommendation for acceptance of the work to the Owner and then shall forward to the Owner his written approval of the Contractor's Request for Final Payment which shall be signed by the Contractor. 1.5.11. Attend assessment hearings relating to the Project and answer ques- tions of the Public and City Council. SECTION 2. ADDITIONAL SERVICES 2.1. General If authorized in writing by the Owner, the Engineer shall furnish or ob- tain from others those services which are not covered herein by SECTION 1. "ENGINEER'S SERVICES." Payment for such services shall be as provided herein in SECTION 4. "PAYMENT TO THE ENGINEER." Said Additional Services include - 5 - 3274b but are not limited to construction staking, services required due to signifi- cant changes in the design of the Project, changes in size, complexity or character of construction which occur after approval of the Construction Docu- ments or of the detailed working plans or specifications. 2.1.1. The Engineer shall. supervise the replacement of all such parts of the Project as may be damaged by fire or other cause during construction and as= sist the Owner in arranging for continuation of the work should the Contractor default for any reason. 2.1.2. Reimbursable costs of the Engineer above and beyond those agreed to herein elsewhere shall include the following items when authorized in writing by the Owner: Transportation and subsistence of principals and employees on special trips required for the Project to other locations; long distance tele- phone calla and telegrams as required to expedite work of the Contractor; re- production of drawings and specifications in addition to those specified in SECTION 1 of this Agreement; and sub-surface explorations and materials test- ing. 2.1.3. Review shop drawings, samples and other submissions of the Contractor only for general conformance to the design concept of the Project and for com- pliance with the result required by the Construction Contract. 2.1.4. Arrange for the Owner's Public Works Director to receive detailed in- structions regarding the operation and maintenance of any equipment, machinery or apparatus installed as a part of the Project. Such instruction shall be supplied by the Contractor and manufacturer's representative; two (2) certi- fied copies of operational and maintenance manuals shall be supplied with such instruction. • - 6 - 3274b 2.1.5. The Engineer shall be available to testify as an expert witness for • the Owner in any litigation or other proceedings involving this Project and shall otherwise assist the Owner or his representative in connection with lit- igation or other proceedings involving the Project. 2.1.6. If requested by the Owner or recommended by the Engineer and approved by the Owner, one or more full-time resident Project Representatives shall be furnished by the Engineer and directed by the Engineer in order to provide the Owner with cont-inuous representation at the Project site during the Construc- tion Phase. Such Resident Project Representative will be paid for by the Owner as indicated in SECTION 4. "PAYMENT TO THE ENGINEER: " paragraph 4.2.4. 2.1.7. Prepare and furnish the Owner as an Additional Service, a set of re- producible mylar "Record Plans" of the Project. • SECTION 3. THE OWNER'S RESPONSIBILITIES The Owner will: 3.1. Provide full information as to his requirements for the Project. 3.2. Assist the Engineer by placing at his disposal all available written data pertinent to the project site, including existing reports and other data affecting the design and/or construction of the Project. 3.3. Acquire all land, easements and rights-of-way for the Project. 3.4. Guarantee access to the Project site and make all provisions for the En- gineer to enter upon public and private lands as required by the Engineer to perform his services under this agreement. 3.5. Examine all studies, reports, sketches, opinions of construction costs, specifications, drawings, proposals and other documents presented by the Engi- neer and the Owner shall promptly render in its decisions pertaining thereto. • 7 - 3274b 3.6. Pay all costs incident to advertising for bids. • 3.7. Provide legal review of the Construction Contract Documents and provide such accounting and insurance counseling services as are required for the Project. 3.8 Designate a person to act as Owner's' Representative with respect to the Engineer's service to be performed under this Agreement; such person shall have complete authority to transmit instructions, receive information, inter- pret and define the Owner's policies and decisions with respect to service covered by this Agreement. 3.9. Give prompt written notice to the Engineer whenever the Owner observes or otherwise becomes aware of any defect in the Project. 3.10. Furnish or instruct the Engineer to provide at the Owner's expense nec- essary Additional Services as provided herein in SECTION 2 of this Agreement • or other services as they may be required. 3.11. Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy of any design and construction standards which the Owner shall require the Engineer to follow in the preparation of the Construc- tion Contract Documents for the Project. 3.12. Act promptly on all "Change Orders" and provide authorization before they are issued to the Contractor. SECTION 4. OWNER'S PAYMENT TO ENGINEER 4.1. Payment for Basic Services Under SECTION 1. 4.1.1. The Owner will pay the Engineer for the Basic Services performed under SECTION 1 "ENGINEER'S SERVICES," a percent of the "construction cost of the Project," said fee to be calculated In accordance with Appendix "A" attached • - 8 - 3274b r • to this document; except, under the Preliminary Report Phase, the Owner shall pay for the Phase I report on a per diem basis based upon Schedule B but not to exceed $3,600.00. 4.1.2. "Construction cost of the Project" as herein refer.red. to means the total cost of all the work designed or specified by the Engineer for the Proj- ect, including Change Orders, but does not include any payments to the Engi- neer or other Consultants, the cost of the land rights-of-way or other costs which are the responsibility of the Owner as provided herein in SECTION 3. 4.1.3. Progress payments to the Engineer shall be made in proportion to ser- vices performed. The compensation for Engineer's Services shall amount to the following percentage of the total fee at completion at each phase of the work: a. Upon completion of the Preliminary Report Phase, the Owner will pay to the Engineer based upon the actual time spent at the rates • shown on Schedule "B" attached, but not to exceed $3,600.00. b. Upon completion of the Design Phase the Owner will pay to the En- gineer a sum equal to 65X of the -Engineer's fee, based upon the total amount of the contract for the Project let by the Owner. c. For services rendered in the Construction Phase the Owner will pay to the Engineer a sum equal to 20X of the Engineer's fee, based upon the actual total construction cost of the project, payable in direct proportion to the construction work completed. Payments to be made monthly. 4.2. Payment for Additional Services 4.2.1. The Owner shall pay the Engineer for Additional Services of the Engi- neer performed under SECTION 2, "ADDITIONAL SERVICES." - 9 - 3274b i r 4.2.2. For all services described under SECTION 2 of this Agreement relating to additional services, the Owner shall pay the Engineer in accordance with the attached Schedule "B". Sums due under this paragraph shall be payable monthly during the progress of the work. 4.2.3. The Owner will pay the Engineer for the costs of Reimbursable Expense as defined in SECTION 2, on the basis of the Engineer's cost. Payments for said Reimbursable Expenses shall -be made within 30 days of the receipt of the Engineer's monthly statement to the Owner covering said expenses. 4.2.4. For other extra services not herein provided for, the Owner shall pay _ the Engineer in accordance with the attached Schedule "B". 4.2.5.' The Owner will pay the Engineer for preparing to serve and serving as an expert witness in accordance with the attached Schedule "B" for preparation and court appearances per day or any portion thereof and for the actual costs of reimbursable expenses as defined in SECTION 2. 4.3.1. No deductions shall be made from the Engineer's compensation on ac— count of penalty, liquidated damages, or other sums withheld from payment to Contractors. 4.3.2. If any work performed by the Lngineer is abandoned by the Contractor or suspended in whole or in part by the Owner, the Engineer shall be paid for costs and services performed prior to receipt of written notice from the Owner of such abandonment or suspension. The Engineer shall also be paid for any terminal expenses resulting therefrom in accordance with the attached Schedule nBn� 4.3.3. All properly documented and authorized payments due from the Owner to the Engineer shall be made within 30 days of the receipt of the Owner of the Engineer's statement therefore. - 10 - 3274b i W SECTION 5. GENERAL CONSIDERATIONS • 5.1. The Engineer shall act as the Owner's agent only as provided for within this Agreement. 5.2. The Engineer will prepare his Drawings and Specifications in a timely manner, but it is hereby agreed that the Engineer cannot be held responsible for delays occasioned by factors which are beyond his control, nor by factors which could not reasonably have been foreseen at the time this Agreement was prepared and executed.. 5.3. The Engineer's estimate of Construction Costs is an opinion only and is supplied as a guide only. Since the Engineer has no control over the cost of labor and material or over competitive bidding and market conditions, the En- gineer does not guarantee the accuracy of such opinion. 5.4. During the performance of the services contemplated by this Agreement, • the scope of the ENGINEER'S SERVICES (SECTION 1. ), the ADDITIONAL SERVICES OF THE ENGINEER (SECTION 2. ), the ENGINEER'S REIMBURSABLE EXPENSE (SECTION 4.) and compensation therefore, may be adjusted by mutually agreed to amendments to this Agreement. 5.5. This Agreement may be terminated by either party on thirty days written notice, by mutual agreement, or by substantial failure to perform in accor- dance with the terms hereof by the other party through no fault of the termi- nating party. If this Agreement is terminated, the Engineer shall be paid to the extent of services performed by him in accordance with the terms of this Agreement to the termination notice date, including Reimbursable Expenses, then due. 5.6. Neither the Owner nor the Engineer shall delegate his duties under this Agreement without the written consent of the other party. - 11 - 3274b 0 • 5.7. The Engineer agrees to provide to the Owner, if requested, a certificate evidencing that he has in effect with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy, insuring payment of damage for legal liability arising out of the per- formance of professional services for the Owner, in the insured's capacity as Engineer, if such legal liability is caused by an error, omission, or negli- gent act of the insured or. of any person of organization for whom the insured is legally liable and responsible, to an amount of $500,000; and stating that such insurance cannot be cancelled until thirty (30) days after the Owner has received written notice of the insured's intention to cancel the insurance. 5.8. Ownership of Documents All Drawings, Specifications and other work products for projects under- taken in the City are instruments of service for that Project only and legible originals or micro-film photographs thereof shall be transmitted to the City upon completion or termination of the Project. The City shall retain sole ownership of instruments relating to said Projects. Any reuse or adaptation of these instruments of service occurring after termination of the Project shall entitle the Engineer to further compensation in amounts to agreed upon by the City and the Engineer and the Owner agrees to defend, indemnify and hold harmless the Engineer from all claims, damages, and expenses including attorney's fees arising out of unauthroized reuse of the Engineer's instru- ments of service by the Owner or by others acting through the Owner. IN WITNESS WHEREOF, the parties hereto have made and executed this Agree- ment as of the day and year first above written. CITYR ST. ANTHYNY BONESTROO, • OSNE E K & ASSOCS. , INC. • BY-4'/ /O"WO BY C 4akkJ (n (C i ty_1(ana ger). 12 Its - - 3274b SCHEDULE B CLASSIFICATION HOURLY RATE Principal Engineer $40.00 Registered Engineer $36.00 Assistant Engineer and Field Supervisor $29.50 Senior Technician $24.00 Junior Technician $.18.00 Word Processor $18.50 Clerical $13.50 Attendance at Regular Council Meetings $40.00/mtg. .Reimbursable Expenses Reproduction, Printing, Duplicating At Invoice Cost Out-of-Pocket Expenses such as meals, lodging, stakes, telephone calls, etc. At Actual Cost Mileage $ 0.20/mile - 13 - 3274b . . 50j000 10.05500,000 7.00750'.000 6.63uCOST CURVE ��IIIINI�� 000 6.22 Ol � ■�IIIIIIII■t 80001000 � ' I ■�Il�lln��lll nl■11 IIIII■�IIIIIII ■NIIli1■�INIIII■�IIIIIN■�I���IIII ■�Illlln��l�lllll■�IIIIIh■t II ��IIIIIII\11 IIIN��Illllll��lllnll ��IIIIIIIIII�011�1111■�IINIII■�Il�l�lInl ��IIIINI��II���II��I�I�O�IIIIN .97 20 000,000 4.88 ■�Illltll■�I�I�q'��IIINII■ 1111111 0111111110111111110i 11011111111 ■ 111111 X1111111■�IIIIIII■ 1111111