1i. Approve consultant Sercies for Storm Water Managment Porject on Holly Lanei
CITY OF Jk -'
AHANBASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
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MEMORANDUM
TO: Charles Folch, Director of Public Works
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7 O
FROM: Diane Desotelle Water Resources Coordinator
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DATE: November 8, 1995
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SUBJ: Holly Lane Surface Water Management Project - Consultant Services
File No. SWMP -12I
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BACKGROUND
[7
The City has identified Holly Lane as a high priority water quality project site. Stormwater
from Chanhassen and Shorewood runs down Holly Lane and enters a stormwater pipe on
Miles Lord's property and discharges into Christmas Lake without pretreatment. Staff has met
with the neighbors on Holly Lane and they are open to the idea of designing a pretreatment
pond and a means to provide for some of the water quantity problems in the area. Staff
proposed to design a couple different scenarios for the neighbors to review and approve. This
project will only be successful if we have complete cooperation from the property owners and
Shorewood. After design approval, the consultant will complete the construction plans and
manage construction of the project.
ANALYSIS
BRW consultants joined staff for one of the neighborhood meetings to obtain some
background on the project and have submitted the attached scope of work for the project. At
this time, staff would like to take the opportunity to contract the water quality /quantity project
to BRW. We have worked successfully with them on the Lake Susan wetland restoration
project and would like to work with them again on this project.
RECOMMENDATION
Staff recommends that BRW be awarded the Surface Water Management Project on Holly
Lane starting immediately and terminating in mid -1996 after completion of the project.
Attachment Note: Monies have been included in both the 1995
and 1996 Budgets to fund this project.
Pam Snell, Finance Director
c: Greg Brown, BRW November 8, 1995
g:1- gklia - \sw M1ho1lyln\btw.-
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BETWEEN
THE CITY OF CHANHASSEN ( "CITY ") AND BRW INC. ( "CONSULTANT ")
FOR SERVICES
WHEREAS:
A. The Consultant desires to perform certain duties for the City in accordance with
the terms of this Agreement.
B. The City desires to employ the Consultant to perform certain duties in accordance
with the terms of this Agreement.
NOW, THEREFORE, the parties agree as follows:
Indeoendent Contractor. The City hereby retains the Consultant as an independent
contractor upon the terms and conditions set forth in this Agreement. The Consultant
is not an employee of the City and is free to contract with other entities. The
Consultant shall be responsible for selecting the means and methods of performing the
work.
2. Term. The Consultant shall commence services on November 14. 1995 and shall
pursue services diligently. This Agreement shall terminate upon completion of
Consultant's services provided under this Agreement, except that if Consultant's
services have not been completed by Julv 31. 1996. the Agreement shall terminate no
later than August 15. 1996. unless otherwise provided by the parties in writing. The
City reserves the right, however, to cancel this Agreement at any time it deems to be in
the best interest of the City upon giving written notice to the Consultant. If this
Agreement is cancelled under this provision, the City shall pay the Consultant for the
time spent and reasonable expenses actually incurred under this Agreement prior to the
date of notification of cancellation. The Consultant shall have no other recourse
against the City for cancellation under this provision.
Duties. The City engages Consultant to perform services set forth on the attached
Exhibit "A ".
4. Citv Documents. Consultant may not remove original City documents from City Hall.
However, Consultant may copy original documents and may then remove the copies
from City Hall if necessary to perform the Duties specified under Paragraph 3 of this
Agreement.
5. Pavment. The City shall pay Consultant a not to exceed total of $21,590 for services
rendered pursuant to this Agreement. Application for payment shall be made monthly
on the basis of percent of completion of services and the City shall pay Consultant's
bill within 30 days of receipt of Consultant's bill and report of services rendered
6. Indemnification and Insurance.
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11. Extra Services. No claim will be honored for compensation for extra services or
beyond the scope of this Agreement without written submittal by the Consultant, and
Indemnification. The Consultant shall defend, hold harmless, and indemnify the
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City, its officers, agents, and employees, for and against any and all claims,
demands, actions, or causes of action , of whatever nature or character, to the
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extent caused by Consultant's performance of work or services provided for
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herein.
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Insurance. The Consultant shall purchase and maintain insurance to protect
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Consultant from claims under the Worker's Compensation Acts.
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The Consultant shall provide the City with evidence of insurance in the form of a
certificate from the insurer naming all policies no later than fifteen (15) days after
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the execution of this Agreement.
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7. Fairness in Emalovment. The Consultant is not an employee of the City, but a
contractor who may contract with others for specific services.
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8. Interest By City Officials. No elected official, officer, or employee of the City shall,
during his tenure of employment and for one year thereafter, have any interest, direct
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or indirect, in this Agreement or proceeds thereof.
9. Covenant Against Contingent Fees. The Consultant warrants that Consultant has not
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employed any person to solicit or secure this Agreement for a commission, percentage,
brokerage, or contingent fee.
1 10. Covenant Against Vendor Interest. The Consultant warrants that Consultant is not
employed by any vendor of equipment or service provider that could result in a
commission, percentage, brokerage, or contingent fee as a result of the Consultant's
1 association with the City.
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11. Extra Services. No claim will be honored for compensation for extra services or
beyond the scope of this Agreement without written submittal by the Consultant, and
approval of an amendment by the City, with specific estimates of type, time, and
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maximum costs prior to commencement of the work.
12. Records. The Consultant shall maintain complete and accurate records of time and
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expense involved in the performance of services.
13. Work Product. All materials, including but not limited to reports, exhibits, models,
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maps, charts, computer data, and supporting documentation produced under work
authorized by this Agreement shall become the property of the City upon completion
of the work or termination of this Agreement.
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14. Notices. Pursuant to this Agreement, notices shall be hand delivered or mailed as
follows:
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AS TO CITY: City of Chanhassen
Coulter Drive, Box 147
Chanhassen, Minnesota 55317
Telephone: (612) 937 -1900
AS TO CONSULTANT: BRW Inc.
Attn: Greg Brown, Project Manager
Thresher Square
700 Third Street So.
Minneapolis, Minnesota 55415
Telephone: 370-0700
15. Governing Law. This Agreement shall be governed by the laws of the State of
Minnesota.
16. Assignment. The Consultant may not assign or subcontract any of the services to be
performed hereunder without the written consent of the City, which consent shall not
be unreasonably withheld.
17. Modification. This Agreement shall not be modified, amended, rescinded, waived, or
terminated without the approval in writing of the City.
18. Cost Estimates. Consultant's cost estimates are to be made on the basis of
Consultant's experience and qualifications and represent Consultant's best judgment as
an experienced and qualified professional engineer generally familiar with the
construction industry. However, since Consultant has no control over the cost of
labor, materials, equipment or services furnished by others, or over the Contractor's
methods of determining prices, or over competitive bidding or market conditions,
Consutlatnt cannot and does not guarantee that proposals, bids, or actual Construction
Cost will not vary from cost estimates prepared by Consultant.
19. Disoutes. The parties agree that all disputes between them will be submitted to a
mutually agreeable neutral mediator, as a condition precedent to litigation or other
remedies provided by law. The fee and costs of the mediator shall be approtioned
equally between the parties.
20. Visits to Site and Observation of Construction.
Visits to Site. In connection with observations of the work of Contractor while it is in
progress:
1. Consultant shall make visits to the site at intervals appropriate to the various
stages of construction as Consultant deems necessary in order to observe as an
experienced and qualified design professional the progress and quality of the various
aspects of Contractor's work. Such visits and observations by Consultant are not
intended to be exhaustive or to extend to every aspect of the work in progress, or to
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n
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involve detailed inspections of the work beyond the responsibilities specifically
assigned to Consultant in this Agreement and the Contract Documents, but rather are
to be limited to spot checking, selective sampling and similar methods of general
observation of the work based on Consultant's exercise of professional judgment.
Based on information obtained during such visits and such observations, Consultant
shall endeavor to determine in general if such work is proceeding in accordance with
the Contract Documents and Consultant shall keep OWNER informed of the progress
of the work. The Responsibilities of Consultant contained in this paragraph are
expressly subject to the limitations in this Agreement and elsewhere.
2. The purpose of Consultant's visits to the site will be to enable Consultant to better
carry out the duties and responsibilities assigned to and undertaken by Consultant
during the Construction Phase, and, in addition, by the exercise of Consultant's efforts
as an experienced and qualified design professional, to provide OWNER a greater
degree of confidence that the completed work of Contractor will conform in general to
the Contract Documents and that the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents has been
implemented and preserved by Contractor. On the other hand, Consultant shall not,
during such visits or as a result of such observations of Contractor's work in progress,
supervise, direct or have control over Contractor's work nor shall Consultant have
authority over or responsibility for the means, methods, techniques, sequences or
procedures of construction selected by Contractor, for safety precautions and
programs incident to the work of Contractor or for any failure of Contractor to
comply with laws, rules, regulations, ordinances, codes or orders applicable to
Contractor's furnishing and performing the work. Accordingly, Consultant neither
guarantees the performance of any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform its work in accordance with the Contract
Documents.
21. 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 Consultant's profession practicing under similar conditions at the same
time and in the same locality. Consultant makes no warranties, express or implied,
under this Agreement or otherwise, in connection with Consultant's services.
IN WITNESS WHEREOF, the City and the Consultant have executed this
Agreement this day of
' CITY:
CITY OF CHANHASSEN
' BY:
Donald J. Chmiel, Mayor
, 1995.
CONSULTANT:
m
Don Ashworth, Manager /Clerk
g: \eng \d iane\swmp\ho l l yln \brw. ctr
' EXHIBIT A
' BRW will provide the City of Chanhassen with all engineering and surveying
services required by the preliminary design, final design and construction phases
of the project as follows:
' Preliminary Design Phase
' BRW will gather existing site information as available from City staff. Additional
information may be gathered through a site survey as needed. A hydrologic
study of the drainage area and flow characteristics during multiple rainfall events
' will be made for at least two alternative designs. Schematic plans of the design
alternates and the corresponding hydrologic study results will be presented to
City staff and neighborhood residents for review and comments. It is assumed
' that one neighborhood meeting will be required in this phase.
CITY @F (� N A
Si ,
October 31, 1995 ut uCff ' W E P
ENGINEERING DEPT:,
B R w INC.
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Ms. Diane Desotelle
Water Resources Coordinator
City of Chanhassen
690 Coulter Drive
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Planning
Chanhassen, MN 55317
Transportation
t Engineering
Urban Design
Re: Proposal for Engineering Services
Holly Lane /Christmas Lake Water Quality Improvements
Thresher Square
City Project SWMP 121
' 700 Third Street So.
Minneapolis,
Dear Diane:
MN 55415
' 612/370 -0700
The following proposal is provided for your consideration for engineering services
Fax 612/370 -1378
for water quality pond and flow routing improvements associ with the Holly
Lane neighborhood drainage area.
' Denver
Milwaukee
Based on our previous discussions and the project site visit on October 24, 1995
Minneapolis
the following is our understanding of the project Scope of Work, estimated costs
Orlando
Phoenix
and schedule for the improvement project.
Portland
Diego
SCOPE OF WORK
' San
Seattle
It is anticipated that the Scope of Work will include preliminary design, final
design and construction services. It is assumed that a feasibility study will not be
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required.
' BRW will provide the City of Chanhassen with all engineering and surveying
services required by the preliminary design, final design and construction phases
of the project as follows:
' Preliminary Design Phase
' BRW will gather existing site information as available from City staff. Additional
information may be gathered through a site survey as needed. A hydrologic
study of the drainage area and flow characteristics during multiple rainfall events
' will be made for at least two alternative designs. Schematic plans of the design
alternates and the corresponding hydrologic study results will be presented to
City staff and neighborhood residents for review and comments. It is assumed
' that one neighborhood meeting will be required in this phase.
Ms. Diane Desotelle
October 31, 1995
Page 2
Final Design Phase
BRW will prepare plans and specifications for the ponding improvements based
upon the design alternates and comments from City staff and neighborhood
residents. Additional field surveying may be performed as required to prepare the
construction plans. As a part of the final design phase, we will also assist staff
with the advertising and receiving of bids and recommendation of award.
As a part of the final design phase, we will prepare and submit all necessary
permits required for the project construction. It is assumed that this will include
permits from the Minnehaha Creek Watershed District, the U. S. Army Corps
of Engineers and the Minnesota Department of Natural Resources. A
determination of which permits are actually required will be made during the
preliminary design phase and will depend on the design alternate chosen.
Construction Phase
BRW will provide construction related services for the project including:
Contract Administration - preconstruction meeting, partial
payments, change orders, etc.
Field Inspection - part time inspection services for the duration of
the construction.
Construction Staking - all construction staking necessary for the
completion of the work.
Construction testing will be coordinated by BRW but will be provided by others,
as necessary, and will be billed directly to the City.
ESTIMATED COSTS
We propose that all work for this project be completed on an hourly basis. Our
estimate of the fees required for each phase of the project is as follows:
Preliminary Design Phase
Personnel
Hourlv Rate
Hours
Amount
Project Manager
$85.00
6
$510.00
Project Engineer
$65.00
44
$2,860.00
Ms. Diane Desotelle
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October 31, 1995
Page 3
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Wetland Specialist
$80.00
4
$320.00
Technician
$45.00
30
$1,350.00
Survey Crew(3- person)
$110.00
8
$880.00
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Clerical
$30.00
4
$120.00
Total Cost
$6,040.00
Final Desien Phase
Personnel
Hourlv Rate
Hours
Amount
Project Manager
$85.00
4
$340.00
Project Engineer
$65.00
30
$1,950.00
Wetland Specialist
$80.00
40
$3,200.00
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Technician
$45.00
40
$1,800.00
Survey Crew(3- person)
$110.00
8
$880.00
Clerical
$30.00
8
$240.00
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Total Cost
$8,410.00
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Construction Phase
Personnel
Hourlv Rate
Hours
Amount
Pro Manager
J g
$ 85.00
4
$ 340.00
Project Engineer
$65.00
16
$1,040.00
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Technician
$45.00
8
$360.00
Survey Crew(3- person)
$110.00
16
$1,760.00
Field Inspector
$60.00
40
$2,400.00
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Clerical
$30.00
8
$240.00
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Total Cost
$6,140.00
Expenses
Expenses incurred during
the preliminary design, final design and construction
phases will be billed directly to the City with
no BRW markup. Expenses
may
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include items such as reproduction costs, mileage, etc. We estimate that expenses
will be approximately $1,000.00.
Ms. Diane Desotelle
October 31, 1995
Page 4
Summary
Preliminary Design Phase(Hourly Not -to- Exceed)
Final Design Phase(Hourly Not -to- Exceed)
Construction Phase(Hourly Not -to- Exceed)
Expenses (Estimated)
Total Cost
N
All work will, therefore, be completed for the total not -to- exceed amount of
$20,590.00 with total expenses not -to- exceed $1,000.00.
SCHEDULE
The following is a preliminary schedule for the project. The schedule assumes
that a notice to proceed will be given by November 13, 1995.
Complete Preliminary Design/
Hold Neighborhood Meeting /Select
Final Design Alternate
Approve Plans and Specifications
Advertise for Bids
Bid Opening
Award Contract
Start Construction
Complete Construction
November 28, 1995
January 8,1996
January 11, 1996
February 6, 1996
February 12, 1996
February 26, 1996
May 31,1996
Thank you for the opportunity to provide this proposal. Please call me at 373-
6479 if you have any questions or need additional information.
Sincerely,
BRW, Inc.
Grego 7Brown, PE
Project Engineer
GSB
cc: Jon Horn /BRW
Beth Kunkel /BRW
File 3353A00