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HomeMy WebLinkAboutItem 06.nFebruary 7, 2011 Proposed Action APPROVAL OF CONTRACT WITH BRAUER & ASSOCIATES, LTD. FOR STONEBOROUGH PARK Item No. Staff recommends adoption of the following motion: Move to approve contract with Brauer & Associates, Ltd. for Stoneborouqh Park. Overview Staff proposes to hire Brauer & Associates to complete plans and specifications, conduct a bidding process and provide construction administration services for development of Stoneborough Park. Funding source is the park dedication fund. Staff proposes an addition to the project, which includes completing a portion of the South Creek Greenway Trail. Staff would like to add that component to the park, which would enhance the opportunity for residents to use trails and access the park in a safe manner. The trail aspect of the project would be bid as an alternate, which would give us the opportunity to evaluate the bids after submittal. Brauer & Associates has previously completed several projects for the Lakeville Parks Department. They have performed efficiently and always within the contract budget. We believe much of our success can be attributed to their professionalism and attention to detail towards each project. On January 19, 2011, the Parks, Recreation & Natural Resources Committee reviewed the budget and master plan for Stoneborough Park and unanimously approved a motion recommending City Council consider approval of the agreement with Brauer & Associates as presented. Primary Issues to Consider • Brauer & Associates is qualified to complete project scope of services and has provided professional quality work on previously completed City park master plan projects Supporting Information • Cortract signed by Gorge Watson, President, Brauer & Associates, Ltd. A. St eborough ar master plan E 4 ' ,, G Ok Gerald S. Michaud Parks & Recreation Director Financial Impact: $27,200.00 plus reimbursable expenses Budgeted: Y/N Y Source: Park dedication fund Related Documents (CIP, ERP, etc.): Notes: PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this day of , 2011, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City ") and BRAUER & ASSOCIATES, LTD., a Minnesota corporation ( "Consultant "). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. This professional services Agreement entitled "Stone Borough Park Development, City of Lakeville, Minnesota ". 2. SCOPE OF SERVICES. The City retains Consultant to; prepare design development and construction documents, aid the OWNER in seeking competitive bids for construction and to provide construction observation services for development of park improvements for Stone Borough Park located in Lakeville, Minnesota. 2.1. DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS 2.1.1. On the basis of discussions with the City, the City's site survey and base mapping, the City's design standards, and the City's anticipated project budget, (approximately $360,000.00), prepare for incorporation in the Bidding Documents final drawings to show the general scope, extent and character of the work to be furnished and performed by Contractor(s) (hereinafter called "Plans ") and Specifications. 2.1.2. Provide technical criteria, written descriptions and design data for use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project, and assist City in consultations with appropriate authorities. The Consultant shall submit all applications and easement descriptions to the appropriate agencies and submit copies to the City. 2.1.3. Advise City of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs. Furnish to City a revised opinion of probable Total Project Costs based on the Plans and Specifications. 2.1.4. Assist the City in preparing bidding / quote documents for the improvements as required for the park improvements designed by the Consultant. 2.1.5. Prepare for review and approval by City, its legal counsel and other advisors contract agreement forms, general conditions and supplementary conditions, and assist in the preparation of other related documents. 2.1.6. Attend necessary hearings and meetings and be available for general consultation. 1 2.1.7. Furnish three (3) copies of the above documents and of the Plans and Specifications and present and review them in person with City. 2.1.8. The Consultant shall furnish one copy of all design calculations as requested by City. 2.1.9. The Consultant shall supply up to ten (10) sets of full size final Plans and Specifications for use in obtaining bids / quotes and submitting for general review. 2.2. BIDDING SERVICES 2.2.1. Assist the City in preparing bidding / quote documents for the improvements as required for the park improvements designed by the Consultant. 2.2.2 The CONSULTANT shall provide oversight of the bidding /quoting process; selection of contractors; defining bidding /quoting procedures and award of contract procedures. The CONSULTANT shall also include administration of the project bidding/quoting process, responding to contractor questions that arise, facilitating a pre -bid meeting, general correspondence, and preparation of all addenda as necessary. This task includes attending the bid opening, review and tabulating of bids /quotes received, reviewing contractor references, and recommendation of qualified contractor. 2.3. SITE OBSERVATION /CONTRACT ADMINISTRATION SERVICES 2.3.1. Working collaboratively with OWNER, the CONSULTANT will undertake project administration and observation of construction progress and for adherence to design intent as expressed in the plans and specifications. • Administration of contract, including preparation of application for payment forms, certificate of payment forms, change order forms, substantial completion forms, final payment forms, etc. • Administration of pre - construction meeting to review the project elements and clearly define the owner's expectations as to the quality of construction, process for dealing with problems that may arise, timeliness, etc. • Site observation on a periodic basis for the established duration of the construction project as stated in the specifications to ensure that the design intent of the plans and specifications is being met. • Preparation of field reports as necessary to document specific issues and areas of concern. • Review shop drawings and testing requirements /procedures. • On -going correspondence /field meetings with staff and contractor for purposes of reviewing construction progress and discussion of pertinent issues, concerns and upcoming construction. 2.4 PRE — DESIGN SITE SURVEY SERVICES 2.4.1 The OWNER, if agreed necessary, shall provide field survey services as required updating or verifying the survey information provided by the OWNER. 2 2.4.2 The CONSULTANT shall incorporate the information gathered from field surveying into the survey information provided by the OWNER and prepare a final base map for use in the planning and design of park improvements. 3. COMPENSATION. 3.3.1. For Services outlined in paragraph 2.1. DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS: Consultant shall be paid by the City: $18,000.00. In addition, Consultant shall be paid for reimbursable expenses at cost plus 10 %. Consultant shall submit monthly invoices and the City shall pay the invoices within 30 days of receipt. 3.3.2. For Services outlined in paragraph 2.2. BIDDING SERVICES: Consultant shall be paid by the City: $2,000.00. In addition, Consultant shall be paid for reimbursable expenses at cost plus 10 %. Consultant shall submit monthly invoices and the City shall pay the invoices within 30 days of receipt. 3.3.3. For Services outlined in paragraph 2.3. SITE OBSERVATION /CONTRACT ADMINISTRATION SERVICES: Consultant shall be paid by the City: $7,200.00. In addition, Consultant shall be paid for reimbursable expenses at cost plus 10 %. Consultant shall submit monthly invoices and the City shall pay the invoices within 30 days of receipt. 4. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Consultant in conjunction with this contract. 5. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 6. STANDARD OF CARE. Consultant shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant's services. 7. INDEMNIFICATION. The Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 8. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise from the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $1,000,000 each occurrence /aggregate 3 Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence /aggregate The City shall be named as an additional insured on the general liability and umbrella policies. The Consultant shall secure and maintain a professional liability insurance policy. Said policy shall insure payment of damages for legal liability arising out of the performance of professional services for the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum of $125,000 unless the City agrees to a high deductible. Before commencing work the Consultant shall provide the City a certificate of insurance evidencing the required insurance coverage in a form acceptable to City. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer's intention of cancel this insurance. 9. INDEPENDENT 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 as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self - employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 10. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Consultant's receipt of payment from City. Consultant must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 4 11. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 12. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 13. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 14. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 15. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 16. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 17. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Consultant must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement. Consultant is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Consultant receives a request to release data, Consultant must immediately notify City. City will give Consultant instructions concerning the release of the data to the requesting party before the data is released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers hannless from any claims resulting from Consultant's officers', agents', city's, partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 5 CITY OF LAKEVILLE BRAUER & ASSOCIATES, LTD. BY: Dated: AND: Mark Bellows, Mayor Charlene Friedges, City Clerk Dated: , 2011. , 2011. Dated: January 4, 2011. 6 BY: Its President w J J w J LL O H U H O w z z w ' -J w Q'. J Li- ', 0 . } 1- 'U 0 4J (1) 596 Q W0< � Wt QOw �wz 0 ) w v co COa • w Q 1- z O o (1° o Z Z Z w' a ZZ O O J_ FL = J < 0 Q aL6