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HomeMy WebLinkAbout7B, Motion to enter into an agreement with Bolton and Menk for erosion correction of Old City Hall .. ~FlILLS Request for Council Action Prepared By: Greg Hoag Council Meeting Date: July 13, 2009 Motion to authorize staff to enter into an agreement with Bolton and Menk, Inc. for survey and engineering services for the erosion correction on the Old City Hall Trail in an amount not to exceed $4,900. Budgeted Amount: Actual Amount: Funding Source: $20,000 $4,900 Surface Water Management Fund Recommendation: 1. Motion to authorize staff to enter into an agreement with Bolton and Menk, Inc. for survey and engineering services for the erosion correction on the Old City Hall Trail in an amount not to exceed $4,900. Supportinf! Documents: 1. See the attached memo from Greg Hoag 2. See the attached scope of services memo from Marcus Thomas, Bolton and Menk Inc. M MEMORANDUM DATE: July 13, 2009 TO: Mayor and City Council Ron Moorse, City Administrator FROM: Greg Hoag, Public Works Director SUBJECT: Engineering Services Agreement for Erosion Correction on Old City Hall Trail BACKGROUND The City of Arden Hills approved an engineering consultant pool on August 27, 2007 for use on specialized projects or projects that the City of Roseville's Engineering Department may not have the capacity to assist with. Included in the approved 2009 Capital Improvement Program is $20,000 to complete a project to correct a drainage issue along the Old City Hall trail adjacent to the back yard of the residential property at 4504 Keithson Drive. Surface water is currently flowing from the pathway through the property at 4504 Keithson Drive and causing erosion of a hillside and garden on the resident's property. To assist in determining a solution for this issue, staff asked Bolton and Menk, Inc. to review the site and provide a scope of the services to prepare plans and specifications for a project. Bolton and Menk, Inc. submitted a proposal for a total lump sum of $4,900; a copy of the proposal is attached. After bids for this project are received, staffwill bring the project itselfback to the City Council for final approval. It is also anticipated that we will also be asking Council to consider an addendum to this proposal to then include construction observation services. FINANCIAL IMPLICATIONS The costs for this project will be paid for using Surface Water Management Funds. P:\Admin\Counci1\Agendas & Packet Information\2009\07-13-09 Regular\Packet Information\7 13 09 CC Memo Old City Hall Erosion Project.docgineering Svcs 7/9/2009 Page 2 RECOMMENDED COUNCIL ACTION Motion to authorize staff to enter into an agreement with Bolton & Menk, Inc. for survey and engineering services for the erosion correction on the Old City Hall Trail in an amount not to exceed $4,900. E3C>L TC>N &. 1'/1 EN K, I NC@ Consulting Engineers & Surveyors 12224 Nicollet Avenue · Burnsville, MN 55337 Phone (952) 890-0509 · Fax (952) 890-8065 www.bolton-menk.com June 10, 2009 Mr. Greg Hoag Public Works Director City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 RE: Proposal for Professional Engineering and Surveying Services Keithson Drive Trail & Drainage Improvements City of Arden Hills, Minnesota Dear Mr. Hoag, Thank you for meeting with me last week to discuss the existing conditions and necessary drainage improvements required along the City's trail system that extends behind the properties along the east side of Keithson Dri ve. We are pleased to offer you this proposal for our services in identifying and engineering the necessary drainage improvements. As a part of this proposal we describe our project understanding, present our scope of work, and offer our fees for services. Proiect Understandinl! In reviewing the project site with you on June 4, 2009, we identified a segment of the existing trail behind the residential property located at 4504 Keithson Trail that currently directs water into the backyard of the subject property. This water, which is collected from a larger area east of the trail, appears to flow through some existing landscaping within the southeast corner of the property causing some erosion problems, then continues to flow south into a wetland area adjacent to the property. It is our understanding that the City seeks a solution that would redirect this runoff from the trail, impeding it from flowing into the residential property, and instead routing it more directly toward the ultimate wetland area to which it ultimately flows. Scone of Work Bolton & Menk, Inc. will complete a topographic survey of the local area that is flowing into the backyard property at 4504 Keithson Trail. The survey will also include that southeast corner of the subject property through which the runoff flows. Upon completion of this field survey, we will map out contours of the area that confirm the extents of the contributing drainage area and also better delineate the drainage pattern through the southeast corner of the subject property. This map will serve as a basis of our subsequent evaluations and improvement designs. At this time, we anticipate that modifications to the trail, itself, will be most cost-effective in improving this drainage situation. We will also attend one meeting with the City and the residential homeowner for the purpose of discussing possible solutions to the drainage issues. Our final deliverables will include detailed construction drawings of the improvements as well as technical specifications and bidding documents. We will assist the City in soliciting contractor quotes for the construction work, and we will provide written recommendation of a ~ Greg Hoag I. ~n...... June 10,2009 ~ n Page 2 contractor selection for the City's consideration. Construction phase services are not included as a part of this proposal. Proposed Fee The following is our itemization of fees to complete the scope of work as described above: Topographic Survey and Mapping: Preparation of Plans and Specs: Bidding Assistance: Total $1900 $2400 $ 600 $4900 The costs for each of the individual items above are estimates. Bolton & Menk, Inc. proposes to complete the entire scope of work, as described, for a lump sum amount of $4,900. Any additional services requested which are beyond the described scope of work will be charged at the hourly rate in effect for the individuals performing the work. Attached are the Terms of Proposal. If you find this proposal satisfactory, your signature of this proposal will constitute acceptance of the terms outlined and your authority for us to proceed. Please contact us if you wish to discuss this proposal. We look forward to providing these professional engineering and surveying services to you on this project and appreciate your continued consideration of Bolton & Menk, Inc. Sincerely, BOLTON & MENK, INC. Marcus A. Thomas, P.E. Senior Project Manager Attachment Accepted By: Date: Printed Name: Greg Hoag June 10, 2009 Page 3 Terms of Proposal Bolton & Menk, Inc. The accompanying Proposal (hereinafter referred to as "Proposal") is subject to the following terms and conditions. These Terms of Proposal (hereinafter referred to as "Terms") are an integral part of the Proposal as if stated directly therein. No change or deviation from these Terms will be binding without the written approval of Bolton & Menk, Inc. Such changes may require an adjustment in the proposed fee, schedule or scope of the Proposal. A. Services: Bolton & Menk Inc. proposes to perform the services outlined in the Proposal for the stated fee arrangement. Changes required by the Client or other controlling entities (regulatory agencies, contractors, courts, etc.) from the scope or schedule of services described in the Proposal shall be considered "Additional Services" and will be invoiced on an hourly basis in addition to the stated fee arrangement. B. Information from Client: Unless otherwise stated, Client agrees to provide Bolton & Menk Inc. with all site information necessary to complete the proposed services. This information should include current site property descriptions (from abstract, title opinion or title commitment); other legal documents affecting the site; copies of previous surveys, maps, engineering studies and plans; existing or required soils and geotechnical reports; governmental, regulatory and utility reviews and determinations; and all other pertinent information. Client shall promptly inform Bolton & Menk Inc. of any alleged defects in services provided or the project. C. Access to Site: Unless otherwise stated, Client agrees to provide Bolton & Menk Inc. with access to the site, including adjoining properties, for activities necessary for the performance of services. It is understood that in the normal course of work, property damage may occur due to excavations, tree and brush trimming, marking lines, etc. The cost to correct resulting damages has not been included in the fee. Bolton & Menk Inc. will take precautions to minimize damage due to these activities and the Client agrees to reimburse Bolton & Menk Inc. for any costs associated with required restoration work. D. Standard of Care: Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of Bolton & Menk Inc.' s profession currently practicing under similar conditions. Bolton & Menk Inc. makes no expressed or implied warranty with respect to its undertakings described herein. E. Certifications: Any certification provided by Bolton & Menk Inc. is a professional opinion based upon knowledge, information and beliefs available to Bolton & Menk Inc. at the time of certification. Such certifications are not intended as and shall not be construed as a guarantee or warranty. Bolton & Menk Inc. shall not be required to certify the existence of conditions whose existence Bolton & Menk Inc. cannot reasonably ascertain. F Project Approvals: Due to site limitations, code interpretations, regulatory reviews, political considerations and Client directed design and improvements, Bolton & Menk Inc. makes no representations as to acceptability or approvability of the project; or, zoning requests, permit applications, site and development plans, plats and similar documents. Payment of fees to Bolton & Menk Inc. is not contingent upon project approval. G. Opinions or Estimates of Project Costs: Where included as part of project scope or otherwise, opinions or estimates of project cost will generally be based upon public construction cost information. Since Bolton & Menk Inc. has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the Client and Bolton & Menk Inc. does not warrant or guarantee the accuracy of construction cost opinions or estimates. Project financing should be based upon actual, contracted construction costs with appropriate contingencies H. Construction Phase Services: If construction phase engineering or staking services are included in this Proposal or subsequently authorized, Client is notified that Bolton & Menk Inc. is not be responsible for means, methods, techniques or procedures of construction selected by any contractor employed on the project nor for the safety precautions or programs incident to the work of any contractor. I. Ownership and Alteration of Documents: All documents, including reports, specifications, drawings, field data, notes and documents or electronic media prepared or furnished by Bolton & Menk Inc. under this agreement shall remain the property of Bolton & Menk Inc. The Client may make and retain copies for its use in connection with this project. However, such documents are not intended for reuse by the Client on any other project or alteration of the project by others without the written consent of Bolton & Menk Inc. Electronic media may be furnished for convenience of Client; however, only signed and certified hard copies of submittals may be relied upon as documentation of professional services provided. J. Billings and Payments: Invoices for Bolton & Menk Inc.'s services shall be submitted, at Bolton & Menk Inc.'s option, either monthly or upon completion of services. Invoices are due and payable within 30 days after the invoice date. If the invoice is not paid within 30 days, Bolton & Menk Inc. may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of its services. K. Late Payments: Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 1.5% on the unpaid balance. If any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. L. Termination of Services: This agreement may be terminated, upon written notice, by the Client or Bolton & Menk Inc. should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay Bolton & Menk Inc. for services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. M. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and Bolton & Menk Inc., the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Bolton & Menk Inc.'s total liability to the Client for any and all injuries, claims, losses, expenses, damages or claimed expenses arising out of the performance of this agreement from any cause or causes, shall not exceed $4,900. Such claims include, but are not limited to, Bolton & Menk Inc.'s negligence, errors, omissions, strict liability, breach of contract, or breach of warranty, if any. N. Dispute Resolution: Any claims or disputes made during or after the performance of services between Bolton & Menk Inc. and the Client, with the exception of claims by Bolton & Menk Inc. for non-payment of services rendered, shall be submitted to mediation and/or arbitration. This Proposal anticipates that Bolton & Menk Inc. and the Client will include a similar requirement in all agreements with contractors, sub-contractors, suppliers, consultants and fabricators concerned with this project. o. Withdrawal of Proposal : This Proposal constitutes a non-binding offer to perform services and Bolton & Menk Inc. reserves the right to withdraw or modify this Proposal, without liability to the Client, at any time prior to receipt of written acceptance from the Client and execution of a signed agreement in accordance with Paragraph P. P. Agreement: If the Proposal is accepted, the Client and Bolton & Menk Inc. may enter into and execute an Agreement incorporating the Proposal, these Terms and such additional terms and conditions as may be mutually acceptable to Bolton & Menk Inc. and Client. Upon request by the Client, Bolton & Menk Inc. may, at its sole discretion and for the benefit of the Client, proceed with any proposed services prior to execution of a written agreement. In the absence of an executed written agreement, the accompanying Proposal and these Terms of Proposal shall constitute the whole and complete agreement between Bolton & Menk Inc. and the Client.