Loading...
1h. Agreement for Lake Susan Park impovements CITYOF ._................ II , I Noiiii ,. CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 I (612) 937-1900 • FAX (612) 937-5739 En,c-, .. ✓ : k)+ - MEMORANDUM TO: Don Ashworth, City Manager Data :: I FROM: Gary Warren, City Engineer ='� UYte St : Goof,31 DATE: May 30, 1990 _k.- 4, a ISUBJ: Approve Consultant Agreement for Lake Susan Park Improvement Project 89-3 I As you are aware, the consulting firm of Van Doren-Hazard-Stallings Y g g (VHS) has been working with the City in the past on procuring the II LAWCON grant for completing the improvements to the Lake Susan Park area. As a part of the Lake Drive pond grading and roadway work, a significant amount of grading work has been completed for the I proposed Babe Ruth ballfield area. A revised topographic map has been prepared for the current site which will be utilized by VHS in their design. IThe final improvements which are to be incorporated into the plans and specifications include the design of the Babe Ruth baseball field including fencing, irrigation and player benches; tennis II courts; basketball court; driving and parking areas; boat ramp and boat launching facilities; fishing pier; bike path and walkways; and security lighting and signage. The project is being funded I through a combination of LAWCON grant monies, tax increment dollars and park development funds. The desire is to have the improvements completed this season such that turf can be established and the I field can be ready for play in the spring of 1991. It is therefore recommended that the attached Consulting Services Agreement for Lake Susan Park improvements be approved and Iauthorized for execution. Attachment: Consulting Services Agreement II I II II II AGREEMENT FOR ' CONSULTING SERVICES II THIS AGREEMENT , made this 16th day of May , 1990 by and between the City of Chanhassen , Minnesota , hereinafter referred to as the City and Van Doren-Hazard-Stallings , Inc . hereinafter referred to as the ' Consultant . The City and Consultant in consideration of their mutual covenants herein agree in respect of the performance of professional engineering and landscape architecture services by Consultant and the payment for those services by the City as set IIforth below. 1 .0 SCOPE OF BASIC SERVICES I1 . 1 General Description 1 . 1 . 1 American Legion baseball field including fencing , irrigation and player benches , tennis courts , basketball court , drives and parking , boat ramp and boat launching facilities , fishing ' pier , bike path and walkways , security lighting and signage and related appurtenances . 1 1 . 2 Study and Report ( not applicable) 1 . 3 Preliminary Design ( not applicable ) II1 . 4 Final Design - Plans and Specifications 1 . 4 . 1 Visit the Project location , meet with City staff , ' Governmental agencies and others to determine expectations , desires and concerns in development of the Project . ' 1 . 4 . 2 Advise the City as to the necessary data or services the City is to provide and assist the City in ' obtaining such data and services . 1 . 4 . 3 Assist the City in coordination of design with other consultants . ' 1 . 4 . 4 Submit plans for review and approval at the 90% complete status . 1 . 4 . 5 On the basis of the approved 90% complete plans , prepare final plans , specifications and estimate probable cost . r I 1 1 .4 .7 Prepare necessary data and application forms for 1 approval permits from affected regulatory agencies . 1 .4 . 8 Prepare for review and approval by City , its legal II counsel and other advisors contract agreement forms , general conditions , supplementary conditions , bid forms , invitation to bidders , instruction to bidders II and assist in the preparation of other related documents . 1 .5 Bidding and Negotiating 1 1 .5 .1 Assist the City in advertising for and obtaining II bids or negotiated proposals , maintain records of prospective Bidders who received Bidding Documents , attend pre-bid conferences and receive and deposit II deposits of Bidding Documents . 1 . 5 . 2 Issue Addenda as appropriate to interpret , clarify or expand the Bidding Documents . 1 1 .5 .3 Consult with the City concerning and determine the acceptability of substitute materials and equipment II proposed by a contractor ( s ) when substitution prior to award of contracts is allowed . 1 .5 . 4 Attend bid opening , prepare bid tabulation sheets 1 and assist the City in evaluating bids or proposals and in assembling and awarding contracts for construction , materials , equipment and/or services . I 1 . 5 . 5 Attend one ( 1 ) council meeting . 1 .6 Construction 1 1 .6 . 1 Consultant shall make visits to the site at intervals appropriate to the various stages of II construction as Consultant deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various II aspects of Contractor ( s ) ' work . In addition , Consultant shall provide the services of a Resident Project Representative ( and assistants as agreed ) II at the site to assist Consultant and to provide more continuous observation of such work . Based on information obtained during such visits and on such observations , Consultant shall endeavor to determine 1 in general if such work is proceeding in accordance with the Contract Documents and Consultant shall keep City informed of the progress of the work . 1 r 1 11 1 . 6 . 2 The Resident Project Representative ( and any assistants ) will be Consultant ' s agent or employee II and under Consultant ' s supervision . The duties and responsibilities of the Resident Project Representative ( and assistants ) are set forth in Exhibit C "Duties , Responsibilities and Limitation 1 of Authority of Resident Project Representative . " 1 .6 .3 During such visits and on the basis of such I observations , Consultant may disapprove of or reject Contractor ( s ) ' work while it is in progress if Consultant believes that such work will not produce 1 a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents . I1 .6 . 4 Consultant shall issue necessary interpretations and clarifications of the Contract Documents and in II connection therewith prepare work directive changes and change orders as required . I 1 . 6 . 5 Consultant shall review and approve (or take other appropriate action in respect of) Shop Drawings ( as that term is defined in the aforesaid Standard General Conditions ) , samples and other data which II Contractor ( s ) are required to submit , but only for conformance with the design concept of the Project and compliance with the information given in the I Contract Documents . Such reviews and approvals or other action shall not extend to means , methods , techniques , sequences or procedures of construction I or to safety precautions and programs incident thereto . 1 . 6 . 6 Consultant shall evaluate and determine the II acceptability of substitute materials and equipment proposed by Contractor ( s ) , but subject to the provision of paragraph . I1 . 6 . 7 Consultant shall have authority , as City ' s representative , to require special inspection or testing of the work , and shall receive and review Iall certificates of inspections , testings and approvals required by laws , rules , regulations , ordinances , codes , orders of the Contract Documents 1 ( but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with , the Contract IDocuments ) . I I II 1 .6 .8 Based on Consultant ' s on-site observations on I/ information provided by the Resident Project Representative and on review of applications for payment shall process and forward to the City all II partial and final payment requests for the work performed . Such recommendations of payment will constitute a representation to City , based on such II observations and review, that the work has progressed to the point indicated , and that , to the best of Consultant ' s knowledge , information and II belief , the quality of such work is generally in accordance with the Contract Documents . 1 .6 .9 Consultant shall receive and review maintenance and II operating instructions , shop drawings , schedules , guarantees , bonds and certificates of inspection , tests and approvals which are to be assembled by II Contractor ( s) in accordance with the Contract Documents ( but such review will only be to determine that their content complies with the requirements II of, and in the case of certificates of inspection , tests and approvals the results certified indicate compliance with , the Contract Documents ) ; and shall 11 transmit them to City with written comments . 1 .6 . 10 Consultant shall conduct an inspection to determine if the work is substantially complete when notified by the Contractor and a final inspection to determine if the completed work is acceptable so that Consultant may recommend , in writing , final II payment to Contractor( s ) and may give written notice to City and the Contractor ( s ) that the work is acceptable . All required statutory documents will II be assembled by the Contractor and reviewed by the Consultant . 1 .6 .11 Consultant shall prepare such "As-Constructed " II drawings and provide field measured locations , tie sheets , service records , valve ties and tie cards as necessary and required . I 2 .0 PROVISIONS BY THE CITY 2 . 1 Provide all criteria and full information as to City ' s I requirements for the Project , including design objectives and constraints , space , capacity and performance requirements , flexibility and expandability , and any budgetary limitations ; II and furnish copies of all design and construction standards which owner will require to be included in the Drawings and Specifications . I r II I II2 .2 Assist Consultant by placing at Consultant ' s disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project . This may include all county half sections , maps, aerial photocopies , contour maps , property ' ownership, legal descriptions and any other documents available to the City to assist Consultant in design . 2 .3 Provide Consultant with data prepared by or services of others including but not limited to borings and subsurface explorations , studies and reports , plans and specifications , design calculations , all of which Consultant may rely upon in ' performing services . 2 .4 Arrange for access to and make all provisions for Consultant ' to enter upon public and private property as required for Consultant to perform services under this Agreement . 2 . 5 Examine all studies , reports , sketches , Drawings , Specifications , proposals and other documents presented by Consultant , obtain advice of an • attorney , insurance counselor and other consultants as City deems appropriate for such ' examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant . ' 2 . 6 The City shall be responsible for issuing all legal notices , holding all required special meetings , receiving and acting upon protests , and fulfilling all requirements necessary in ' legal development of the projects as well as paying all costs , incidental thereto with the exception that the Consultant shall , on behalf of the City , be responsible for the ' preparation and publication of the Advertisement of Bids but not the cost . ' 2 . 7 The City shall protect all survey stakes and markers placed by the Consultant under this Agreement until the Contractor assumes the responsibility . Replacement of stakes shall be paid by the City . ' 2 . 8 Attend the pre-bid conference , bid opening , preconstruction conferences , construction progress and other job related meetings and substantial completion inspections and final payment inspections . 2 . 9 Give prompt written 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 or non-conformance in the work of any Contractor . r I i 3 .0 PAYMENTS TO THE CONSULTANT 3 .1 Definitions I 3 . 1 . 1 The Construction Costs used as a basis for payment will be based on one of the following sources with II precedence in the order listed for work designed or specified by the Consultant . 3 . 1 . 1 . 1 For completed construction work , the total I cost of all work performed as designed or specified by Consultant . II3 . 1 . 1 .2 For work designed or specified but not constructed , the lowest bona fide bid received from a qualified bidder for such II work ; or , if the work is not bid , the lowest bona fide negotiated proposal for such work . i 3 . 1 . 1 .3 For work designed or specified but not constructed upon which no such bid or proposal is received , the most recent II estimate of Construction Cost , or , if none is available , Consultant ' s most recent opinion of probable Construction Cost . ' Labor furnished by City for the Project will be included in the Construction Cost II at current Market rates including a reasonable allowance for overhead and profit . Materials and equipment furnished by City will be included at current market I prices . No deduction is to be made from Construction Costs on account of any penalty , liquidated damages , or other II amounts withheld from payments to Contractor ( s ) . Construction Cost does not include I Consultant fees ; the cost of land or right-of-way needed for the Project ; compensation for or damages to property ; II City ' s legal , fiscal , engineering , accounting , insurance counseling services ; or interest of financing the Project . I II II II II 3 . 1 .2 The Salary Costs used as a basis for payment mean salaries and wages ( basic and incentive) paid to all Consultant ' s personnel engaged directly on the Project , including , but not limited to , engineers , architects , surveyors , designers , draftsmen , specification writers , estimators , other technical ' and business personnel ; plus the cost of customary and statutory benefits including , but not limited to , social security contributions , unemployment , excise and payroll taxes , workers ' compensation , health and retirement benefits , sick leave , vacation and holiday and other group benefits . ' The amount of customary and statutory benefits of all personnel of Consultant will be considered equal to 140% of salaries and wages . ' 3 . 1 .3 Reimbursable Expenses mean the actual expenses incurred by Consultant or Consultant ' s independent ' professional associates or consultants , directly or indirectly in connection with the Project , such as expenses for : transportation and subsistence incidental thereto ; obtaining bids or proposals from 1 Contractor ( s ) ; providing and maintaining field office facilities including furnishings and utilities ; subsistence and transportation of ' Resident Project Representatives and their assistants ; toll telephone calls and telegrams ; reproduction of reports , Drawings , Specifications , Bidding Documents , and similar Project-related items and , if authorized in advance by City , overtime work requiring higher than regular rates . ' 3 .2 Payment for all basic services of this Agreement outlined in Section 1 will be at Specific percentage of Construction Cost as shown in Exhibit A . ' 3 . 2 . 1 Consultant shall submit monthly statements for Basic Services rendered . The statements will be based upon Consultant ' s estimate of the proportion of the total services actually completed at the time of billing . City shall make prompt monthly payments in response to Consultant ' s monthly statements . 3 .2 . 2 i Upon conclusion of Basic Service p on of each ha o p Services , City shall pay such additional amount , if any , as may be necessary to bring total compensation paid II on account of such phase to the following percentages of total compensation payable for all phases of Basic Services : I Insert Actual Phase Percentage I Study and Report N .A . % Preliminary Design N .A . % Final Design 80 % II Bidding or Negotiating 85 % Substantial Completion 95 % Completion 100 % I 3 .3 Payment for all Resident Project Representative and Additional Services rendered and Reimbursable Expenses incurred will be II on an hourly basis times a multiplier as shown in Exhibit B . 3 .3 . 1 Consultant shall submit monthly statements for services rendered and for Reimbursable Expenses II incurred . City shall make prompt monthly payments in response to Consultant ' s monthly statements . 3 .3 . 2 Whenever a multiplier is applied to Salary Costs in I determining compensation payable to Consultant that factor will be adjusted periodically and equitably II to reflect changes in the various elements that comprise such factor . All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by II Consultant and consistent with Consultant ' s overall compensation practices and procedures . 4 .0 SPECIAL PROVISIONS , EXHIBITS AND SCHEDULES II 4 . 1 This Agreement is subject to the following special provision : None 1 4 .2 The following Exhibits are attached to and made a part of this II Agreement : 4 .2 . 1 Exhibit A "Percent of Construction Cost Fee II Schedule" consisting of pages . 4 .2 .2 Exhibit B "Salary Costs , Reimbursable Expenses and Multiplier for Hourly Fee Schedule " consisting of II pages . II II II 4 .2 .3 Exhibit C "Duties , Responsibilities and limitations of Authority of Resident Project Representative ilconsisting of pages . 4 .3 This Agreement (consisting of pages 1 to , inclusive ) together with the Exhibits and schedules identified above I constitute the entire agreement between City and Consultant and supersede all prior written or oral understandings . This Agreement and said Exhibits and schedules may only be amended , I supplemented , modified or cancelled by a duly executed written instrument . I IN WITNESS WHEREOF , the parties hereto have made and executed this Agreement as of the day and year first above written . CITY : CONSULTANT : / 1 i ' ' v , I Address for giving notices : Address for giving notices : 1 303C-) Pfd R&D 2 LF■14 e. kb, 1 M IAA' APO c.►si M N, S 544-1 I I I I I I I I I EXHIBIT A This Exhibit A establishes the percentage fee to be paid for the Basic Services as outlined in the Agreement . Construction Costs for projects which fall between the amounts listed in Column 1 shall be calculated on a straight line interpolation percentage . - Construction Cost Fee Percent II less than 50 ,000 7 . 5 I at least 50 ,000 but less than 100 ,000 7 . 1 100 ,000 150 ,000 6 . 8 150 ,000 200 ,000 6 . 5 II200 ,000 300 ,000 6 .0 300 ,000 400 ,000 5 .8 400 ,000 500 ,000 5 . 6 500 ,000 600 ,000 5 . 5 II 600 ,000 700 ,000 5. 4 700 ,000 800 ,000 5 . 3 800 ,000 900 ,000 5 . 2 I 900 ,000 1 ,000 ,000 5 . 1 For any Construction Cost over $1 ,000 ,000 the tee shall be I negotiated with the City on a fixed lump sum basis to be determined after the Feasibility Study is completed . I II I II II II • II I II II II EXHIBIT B Salary Costs , Reimbursable Expenses and Multiplier 11 for Hourly Fee Schedule January 1990 I (date ) ISALARIES* Engineers , Architects , Planners ( Principal ) $ 32 . 50 I Engineers , Architects , Planners ( Senior ) 28 . 25 Engineers , Architects , Planners 26 . 50 Engineers , Architects , Planners (Assistant ) 18 . 00 I Senior Engineering Technicians 22 . 25 Senior Draftspersons and Design Detailers 17 . 50 Draftspersons and Technicians 12 . 50 Junior Draftspersons and Technicians 11 . 00 I Resident Project Representative 11 . 00 Clerical , Administrative , etc . 14 . 40 Expert Witness a . Trial 67 . 50 Ib . Preparation ( all classifications ) 35 . 00 IIDIRECT COSTS Mileage . 25 Electrostatic Copies ( each ) . 10 I Blueline Prints ( sq . ft . ) . 14 Polyester Film ( sq . ft . ) 4 . 50 Offset . 04 I Computer (hr . ) 50 . 00 Electronic Distance Measuring (day) 50 . 00 Electronic Distance Measuring (week ) 175 . 00 Drill Rig (day ) 150 . 00 IITelephone Actual Cost Travel Actual Cost CAD/Work Station per hour 32 . 50 I I I + Direct Salaries plus the cost of all mandatory and customary contributions and benefits . IProject Multiplier 2 .00 I I EXHIBIT C DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY II OF THE RESIDENT PROJECT REPRESENTATIVE . Consultant shall furnish a Resident Project Representative ( RPR) , II assistants and other field staff to assist Consultant in observing performance of the work of Contractor . I Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and II assistants , Consultant shall endeavor to provide further protection for City against defects and deficiencies in the work of Contractor; but , the furnishing of such services will not make Consultant responsible for or give Consultant control over II construction means , methods , techniques , sequences or procedures or for safety precautions or programs , or responsibility for Contractor ' s failure to perform the Work in accordance with the II Contract Documents and in particular the specific limitations set forth in paragraph 1 .6 of the Agreement are applicable . The duties and responsibilities of the RPR are limited to those of II Consultant in Consultant ' s agreement with the City and in the construction Contract Documents , and are further limited and described as follows : II A. General RPR is Consultant ' s agent at the site , will act as directed I by and under the supervision of Consultant , and will confer with Consultant regarding RPR' s actions . RPR ' s dealings in matters pertaining to the on-site work shall in general be II with Consultant and Contractor keeping City advised as necessary. RPR ' s dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor . II RPR shall generally communicate with City with the knowledge of and under the direction of Consultant . B . Duties and Responsibilities of RPR I 1 . Schedules : Review the progress schedule and schedule of values prepared by Contractor and consult with Consultant 1 concerning acceptability . 2 . Conferences and Meetings : Attend meetings with II Contractor , such as preconstruction conferences , progress meetings , job conferences and other project-related meetings . II II II II II3 . Liaison : a . Serve as Consultant ' s liaison with Contractor , working principally through Contractor ' s superintendent and assist in understanding the intent of the Contract Documents ; and assist Consultant in serving as City ' s liaison with ' Contractor when Contractor ' s operations affect City ' s on-site operations . ' b . Assist in obtaining from City additional details or information , when required for proper execution of the Work . ' 4 . Shop Drawings and Samples : a . Receive samples which are furnished at the site by Contractor , and notify Consultant of availability of samples for examination . b . Advise Consultant and Contractor of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by Consultant . ' 5 . Review of Work , Rejection of Defective Work , Inspections and Tests : a . Conduct on-site observations of the Work in progress to assist Consultant in determining if the Work is in general proceeding in accordance with the Contract Documents . ' b . Report to Consultant whenever RPR believes that any Work is unsatisfactory , faulty or defective or does ' not conform to the Contract Documents , or has been damaged , or does not meet the requirements of any inspection , test or approval required to be made ; and advise Consultant of Work that RPR believes ' should be corrected or rejected or should be uncovered for observation , or requires special testing , inspection or approval . c . Verify that tests , equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel , and that Contractor maintains adequate records thereof; and observe , record and report to Consultant appropriate details relative to the test procedures and ' startups . d . Accompany visiting inspectors representing public ' or other agencies having jurisdiction over the Project , record the results of these inspections and report to Consultant . II 6 . Interpretation of Contract Documents : Report to Consultant when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor II clarifications and interpretations as issued by Contractor . 7 . Modifications : Consider and evaluate Contractor ' s suggestions for modifications in Drawings or Specifications and report with RPR ' s recommendations to II Consultant . Transmit to Contractor decisions as issued by Consultant. 8 . Records : I a . Maintain at the job site orderly files for correspondence , reports of job conferences , Shop Drawings and samples , reproductions of original II Contract Documents including all Work Directive Changes , Addenda , Change Orders , Field Orders , additional Drawings issued subsequent to the II execution of the Contract , clarifications and interpretations of the Contract Documents , progress reports , and other Project related documents . b . Keep a diary or log book , recording Contractor hours II on the job site , weather conditions , data relative to questions of Work Directive Changes , Change II Orders or changed conditions , list of job site visitors , daily activities , decisions , observations in general , and specific observations in more detail I as in the case of observing test procedures ; and send copies to Consultant . c . Record names , addresses and telephone numbers of all II contractors , subcontractors and major suppliers of materials and equipment . 9 . Reports : I a . Furnish Consultant periodic reports as required of progress of the Work and of Contractor ' s compliance I with the progress schedule and schedule of Shop Drawing and sample submittals . b. Consult with Consultant in advance of scheduled II major tests , inspections or start of important phases of the Work . c . Assist in drafting proposed Change Orders and Work I Directive Changes , obtaining backup material from Contractor and recommend to Consultant Change II Orders , Work Directive Changes and Field Orders . d . Report immediately to Consultant and City upon the occurrence of any accident . I 1 il . ' • 10 . Payment Requests : Review initial applications for Y 4 PP payment with Contractor for compliance with the II established procedure for their submission and forward with recommendations to Consultant , noting particularly the relationship of the payment requested to the schedule I of values , Work completed and materials and equipment delivered at the site but not incorporated in the Work . Iii . Certificates , Maintenance and Operation Manuals : During the course of the Work , verify that certificates , maintenance and operation manuals and other data required to be assembled and furnished by Contractor are I applicable to the items actually installed and in accordance with the Contract Documents , and have this material delivered to Consultant for review and Iforwarding to City prior to final payment for the Work . 12 . Completion : a . Before Consultant issues a Certificate of I Substantial Completion , submit to Contractor a list of observed items requiring completion or correction . IIb . Conduct final inspection in the company of Consultant , City and Contractor and prepare a final Ilist of items to be completed or corrected . c . Observe that all items on final list have been completed or corrected and make recommendations to IConsultant concerning acceptance . C . Limitations of Authority IResident Project Representative : I 1 . Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment , unless authorized by Consultant . I 2 . Shall not exceed limitations of Consultant ' s authority as set forth in the Agreement or the Contract Documents . I 3 . Shall not undertake any of the responsibilities of Contractor , subcontractors or Contractor ' s superintendent . II4 . Shall not advise on , issue directions relative to or assume control over any aspect of the means , methods , techniques , sequences or procedures of construction I unless such advice or directions are specifically required by the Contract Documents . I I 5 . Shall not advise on , issue directions regarding r or assume control over safety precautions and programs in connection with the Work . I 6 . Shall not accept Shop Drawing or sample submittals from anyone other than Contractor . I 7 . Shall not authorize City to occupy the Project in whole or in part . II 8 . Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Consultant . I 1 I . 1 II II I II I II II II II I I II 5 . Shall not advise on , issue directions regarding or assume control over safety precautions and programs in connection with the Work . 6 . Shall not accept Shop Drawing or sample submittals from anyone other than Contractor . ' 7 . Shall not authorize City to occupy the Project in whole or in part . ' 8 . Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Consultant . 1 I