5.g) Staff Report-Review Bolton and Menk Contract :��.. �
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Staff Report
Date of Meeting: April l6, 2013
To: City Council
From: Kristina Handt, Administrator
Re: Review Bolton and Menk Contract
Agenda Item #: S.g)
Background:
The City issued a Request for Proposals for General Engineering Services on February 13, 2013.
Three firms, Bolton and Menk, WSB, and Stantec, were interviewed by the Council at a Special
Meeting on March 27, 2013.
Following the meeting, staff has been working on changes to the proposed contract with Bolton
and Menk.
Issue:
Are there any further changes needed to the contract with Bolton and Menk for General Engineering
Services?
Proposal Details:
A copy of the contract is included in your packet. It has been updated to include the 30 day
termination notice provision discussed at the work session.
Fiscal Impact:
The City will pay $60/hour for the first 24 hours of general engineering services each month. Also,
there will be no charge for attending Council meetings. Assuming roughly 10 hours/month for
general engineering services were used last year,these two changes will result in a savings of over
$10,000. In addition, per the proposal, there would be no charge for transition costs and no charge for
the setup, initial deployment and training on their GIS mapping system. Lastly,there will be no
charge for updating the Pavement Management Plan.
Options:
1) Approve the contract
2) Amend and then approve the contract
3) Take no action
PROFESSIONAL AGREEMENT
GENERAL ENGINEERING SERVICES
SCANDIA,MINNESOTA
This Agreement, made this _ day of April, 2013 by and between BOLTON & MENK, INC., a
Minnesota Corporation, 2035 County Road D East, Suite B, Maplewood, Minnesota 55109
hereinafter referred to as CONSULTANT, and the CITY OF SCANDIA, a Minnesota Municipal
Corporation, 14727 209th Street North, Scandia, Minnesota 55073 hereinafter referred to as CITY.
WHEREAS, the CITY wishes to obtain professional municipal engineering services for general
engineering matters and the CONSULTANT agrees to furnish the various professional services
required by the CITY.
NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties
hereto, it is hereby agreed:
SECTION I - CONSULTANT'S RESPONSIBILITIES
A. GENERAL
1. T'he CONSULTANT agrees to perform the various professional general engineering
services as hereinafter stated.
2. The CONSULTANT shall serve in the position as City Engineer under the direction of the
City Council.
3. The CONSULTANT agrees to assign an experienced registered professional engineer
from its staff to be the designated City Engineer and perform the required services and to
provide such other staff as may be appropriate or necessary to complete requested
services. Designated City Engineer shall be Ryan Goodman, P.E.
B. PROFESSIONAL SERVICES - GENERAL ENGINEERING
The CONSULTANT shall provide the following general engineering services to be compensated as
described in Section III.
1. T'he City Engineer shall attend CITY staff ineetings as requested and shall assist staff on
engineering related issues. �
2. The City Engineer shall attend CITY Council meetings, and other meetings as reyuested
by CITY Council.
3. The City Engineer shall advise and provide engineering services to CITY staff and
Council for general engineering matters in which the CITY becomes involved.
4. The City Engineer shall provide additional administrative and engineering direction as
may be requested by CITY staff to fulfill day-to-day CITY operating requirements.
5. The City Engineer shall provide updates of the City plat, zoning and utility maps on an
annual basis.
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6. The City Engineer shall review building and site plans and other documents for
conformance with CITY engineering standards as requested by CITY staff.
7. The City Engineer shall review permit applications to open, excavate or disturb CITY
infrastructure as requested by City staff.
C. ADDITIONAL SERVICES
1. Engineering services reyuested for specific project related studies, surveys, design, plan
and specification preparation and construction administration may be authorized as
Additional Services and shall be compensated in accordance with Section IIIA3. Scope
and compensation for such services shall be documented by separate work order and
invoiced as a separate project number.
SECTION II -CITY'S RESPONSIBILITIES
A. GENERAL
1. The CITY agrees to acquire the engineering services of the CONSULTANT.
2. The CITY designates the CONSULTANT to serve as the City Engineer during the term
of this Agreement.
B. RESPONSIBILITIES
1. The CITY shall compensate the CONSULTANT in accordance with Section III of this
Agreement and the CITY'S payment timing procedures.
2. The CITY shall furnish all data, records, reports, plans, maps and other pertinent
information or copies thereof, which may be required by the CONSULTANT to perform
its services.
3. The CITY shall reimburse the CONSULTANT for any special costs or expenses incurred
by the CONSULTANT on behalf of the CITY, including reproductions, sub-consultants
and testing. CONSULTANT shall be required to provide CITY with an advanced
estimate of such costs prior to incurring the special costs or expenses.
4. The CITY shall notify the CONSULTANT promptly whenever it observes or otherwise
becomes aware of any defect in the work of the CONSULTANT.
SECTION III-COMPENSATION
A. SCHEDULE OF FEES
1. The CITY agrees to compensate the CONSULTANT at the rate of$60.00 per hour for
the first 24 hours of general engineering service performed each month by the designated
City Engineer. This rate is guaranteed for 2013-2017.
2. Compensation to the CONSULTANT shall be at the rate of $115.00 per hour for each
hour in addition to 24 hours per month performed by the designated City Engineer for
general engineering services.
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3. Compensation to the CONSULTANT for general engineering services performed by
other staff members of the CONSULTANT shall be at the following rates:
Sr. Project Manager- Sr. Principal Engineer/Surveyor........................ $120-150/hr
Sr. Project Manager-Principal Engineer/Surveyor...................................$100-150
ProjectManager.........................................................................................$100-145
Project/Design Engineer/Planner.................................................................$60-135
Licensed Surveyor........................................................................................$70-135
ProjectSurveyor...........................................................................................$60-100
Specialist(Nat. Resources, GIS; Traffic; Other)..........................................$70-120
Senior Technician (Inc. Surveyl) .................................................................$70-120
Technician(Inc. Survey�)...............................................................................$50-90
Administrative Support& Clerical ................................................................$35-80
GPS/Robotic Survey Equipment........................................................NO CHARGE
CAD/Computer Usage .......................................................................NO CHARGE
Routine Office Supplies.....................................................................NO CHARGE
Routine Photo Copying Productions..................................................NO CHARGE
Field Supplies/Survey Stakes& Equipment......................................NO CHARGE
Mileage...............................................................................................NO CHARGE
� No Separate charges will be made for GPS or robotic total stations on Bolton &
Menk, Inc. survey assignments; the costs of this equipment is included in the rates
for Survey Technicians.
Charges are based on hours spent at hourly rates in effect for the individuals performing
the work. The hourly rates for Principals and members of the staff vary according to skill
and experience. The rates shall apply for projects for the period through December 31,
2017. These rates may be adjusted annually thereafter to account for changed labor costs,
inflation or changed overhead conditions.
4. In addition to the foregoing, CONSULTANT shall be reimbursed at cost for the
following Direct Expenses when incurred in the performance of the work.
a. CITY approved travel and subsistence.
b. CITY approved outside (facilities not owned by CONSULTANT) computer
services.
c. CITY approved outside professional and technical services (ie, soil borings and
geotechnical reports).
d. Other costs for such additional items and services that the CITY may reyuire
the CONSULTANT to provide to fulfill the terms of this Agreement.
5. The CONSULTANT shall provide a monthly itemization of time spent performing
general engineering services for the CITY.
5ECTION IV-GENERAL
A. STANDARD OF CARE
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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 the Consultant's profession
currently practicing under similar conditions. No warranty, express or implied, is made.
B. CHANGE IN PROJECT SCOPE
In the event the CITY changes or is required to change the scope of the project from that
described in Section I and/or the applicable addendum, and such changes require Additional
Services by the CONSULTANT,the CONSULTANT shall be entitled to additional
compensation at the applicable hourly rates. The CONSULTANT shall give notice to the
CITY of any Additional Services,prior to furnishing such additional services. The CITY may
request an estimate of additional cost from the CONSULTANT, and upon receipt of the
request,the CONSULTANT shall furnish such,prior to authorization of the changed scope of
work.
C. LIMITATION OF LIABILITY
CONSULTANT shall indemnify, defend, and hold harmless CITY and its officials, agents and
employees from any loss, claim, liability, and expense (including reasonable attorneys' fees
and expenses of litigation)arising from, or based in the whole, or in any part, on any negligent
act or omission by CONSULTANT'S employees, agents, or subconsultants. In no event shall
CITY be liable to CONSULTANT for consequential, incidental, indirect, special,or punitive
damages.
CITY shall indemnify, defend, and hold harmless CONSULTANT and its employees from
any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of
litigation)arising from, or based in the whole, or in any part, on any negligent act or omission
by CITY'S employees, agents, or consultants. In no event shall CONSULTANT be liable to
CITY for consequential, incidental, indirect, special, or punitive damages.
D. INSURANCE
The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's
compensation coverage.
The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, general liability
insurance coverage insuring CONSULTANT against claims for bodily injury, death or
property damage arising out of CONSULTANT'S general business activities(including
automobile use). The liability insurance policy shall provide coverage for each occurrence in
the minimum amount of$1,000,000.
The CONSULTANT also agrees to maintain, at CONSULTANT'S expense,Professional
Liability Insurance coverage insuring CONSULTANT against damages for legal liability
arising from an error, omission or negligent act in the performance of professional services
required by this agreement, providing that such coverage is reasonably available at
commercially affordable premiums. For purposes of this agreement, "reasonably available"
and "commercially affordable" shall mean that more than half of the design professionals
practicing in this state in CONSULTANT'S discipline are able to obtain coverage. The
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professional liability insurance policy shall provide coverage for each occurrence in the
amount of$1,000,000 and annual aggregate of$1,000,000 on a claims-made basis.
Upon request of CITY, CONSULTANT shall provide CITY with certificates of insurance,
showing evidence of required coverages.
E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST
Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or
estimates of construction cost will generally be based upon public construction cost
information. Since the CONSULTANT 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 CITY and the
CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or
estimates. The CITY acknowledges that costs for project financing should be based upon
contracted construction costs with appropriate contingencies.
F. CONSTRUCTION SERVICES
It is agreed that the CONSULTANT and its representatives shall not be responsible for the
means, methods, techniyues, schedules or procedures of construction selected by the
contractor or the safety precautions or programs incident to the work of the contractor.
G. ELECTRONIC/DIGITAL DATA
1. General: To the fullest extent practicable, CONSULTANT shall conform to the
CITY'S policies and guidelines regarding preparation and delivery of information for
Council Packets and communications with Council and staff. All written and
electronic/digital communications from the CONSULTANT to the CITY shall be in
accordance with those policies and guidelines and such other protocols as may be provided
by the CITY. When feasible,the CONSULTANT shall limit its paper submittals to the
CITY to only those printed documents needed to conform to professional and legal
standards. All other submittals shall generally be in electronic/digital format using PDF
(Portable Document Format)as preferred format.
2. Deliverables Defined: For purposes of the AGREEMENT, "Deliverable" shall be
any document, in printed or electronic/digital format,that is specifically identified in this
AGREEMENT, or any written exhibit,work order or amendment that modifies or
supplements the AGREEMENT(collectively referred to as amendments),to be delivered
to the CITY as representing or summarizing the professional services provided by the
CONSULTANT and shall typically include reports, plans, specifications, surveys,
mapping,written opinions, and models when such documents are identified as
Deliverables. Deliverables may include electronic/digital versions of data if the
AGREEMENT and its amendments, require delivery of electronic/digital information in
specific formats.
3. In addition the certified and signed printed copies of Deliverables that may be
provided to the CITY, Deliverables shall also be made available to CITY in PDF
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(Portable Document Format), subject to the provisions of Paragraph G.S, for CITY'S use
and convenience.
4. Conditions of Use and Re-distribution of Documents Required to be Certified,
Signed or Sealed by Licensed Designer or Other Professional: Because of the potential
instability of electronic/digital data and susceptibility to unauthorized changes, only those
printed copies of documents (also known as hard copies)that are signed or sealed by
CONSULTANT may be relied upon by the CITY as indicating the professional service
product of the CONSULTANT,
5. Electronic/Digital Information That is Not a Deliverable Provided to City: Except for
those professional products which are specifically identified as Deliverables to be
provided in a specific electronic/digital format all other electronic/digital data developed
by the CONSULTANT as part of the PROJECT,that is not identified as a Deliverable, is
acknowledged to be an internal working document for the CONSULTANT'S purposes
solely. If such electronic/digital data is provided to the CITY, it shall be on an "AS IS"
basis strictly for the convenience of the CITY without any warranties of any kind. As
such, the CITY is advised and acknowledges that use of such information may require
substantial modification and independent verification by the CITY (or its designees).
Provision of electronic/digital data, whether required by this Agreement or provided as a
convenience to the CITY, does not include any license of software or other systems
necessary to read, use or reproduce the information. It is the responsibility of the CITY to
verify compatibility with its system and long-term stability of inedia. CITY shall
indemnify and hold harmless CONSULTANT and its subconsultants from all claims,
damages, losses, and expenses, including attorneys' fees arising out of or resulting from
third party use or any adaptation or distribution of electronic/digital data provided under
this AGREEMENT, unless such third party use and adaptation or distribution is explicitly
authorized by this AGREEMENT.
H. REUSE OF DOCUMENTS
Drawings and Specifications and all other documents (including electronic and digital
versions of any documents)prepared or furnished by CONSULTANT pursuant to this
AGREEMENT are instruments of service in respect to the Project and CONSULTANT shall
retain an ownership interest therein. Upon payment of all fees owed to the CONSULTANT,
the CLIENT shall acquire an ownership interest in all identified deliverables, including Plans
and Specifications, for any reasonable use relative to the Project and the general operations of
the CLIENT. CLIENT may make and disseminate copies for information and reference in
connection with the use and maintenance of the Project by the CLIENT. However, such
documents are not intended or represented to be suitable for reuse by CLIENT or others on
extensions of the Project or on any other project and any reuse other than that specifically
intended by this AGREEMENT will be at CLIENT'S sole risk and without liability or legal
exposure to CONSULTANT.
I. CONFIDENTIALITY AND MINNESOTA GOVERNMENT DATA PRACTICES ACT
All data collected, created, received, maintained, or disseminated, or used for any purposes in
the course of the CONSULTANT'S performance of the Agreement is governed by the
Minnesota Government Data Practices Act, Minnesota Statutes Section 13.01, et seq. or any
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other applicable state statutes and state rules adopted to implement the Act, as well as state
statutes and federal regulations on data privacy. The Consultant agrees to abide by these
statutes,rules and regulations and as they may be amended. In the event the CONSULTANT
receives a request to release data, it shall notify CITY as soon as practical. The CITY will
give instructions concerning release of data to requesting party and CONSULTANT will be
reimbursed as Additional Services by CITY for its reasonable expenses in complying with the
request.
J. CONFIDENTIALITY
CONSULTANT agrees to keep confidential and not to disclose to any person or entity, other
than CONSULTANT'S employees and subconsultants any information obtained from CITY
not previously in the public domain or not otherwise previously known to or generated by
CONSULTANT. These provisions shall not apply to information in whatever form that
comes into the public domain through no fault of CONSULTANT; or is furnished to
CONSULTANT by a third party who is under no obligation to keep such information
confidential; or is information for which the CONSULTANT is required to provide by law or
authority with proper jurisdiction; or is information upon which the CONSULTANT must rely
for defense of any claim or legal action.
K. TERMINATION
This Agreement may be terminated by either party for any reason or for convenience by either
party upon thirty(30) days written notice.
In the event of termination,the CITY shall be obligated to the CONSULTANT for payment of
amounts due and owing including payment for services performed or furnished to the date and
time of termination,computed in accordance with Section III of this Agreement.
L. CONTINGENT FEE
The CONSULTANT warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONSULTANT to solicit or secure
this Contract, and that it has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission,percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from award or making of this Agreement.
M. NON-DISCRIMINATION
The provisions of any applicable law or ordinance relating to civil rights and discrimination
shall be considered part of this Agreement as if fully set forth herein.
The CONSULTANT is an Equal Opportunity Employer and it is the policy of the
CONSULTANT that all employees,persons seeking employment, subcontractors,
subconsultants and vendors are treated without regard to their race, religion, sex,color,
national origin, disability, age, sexual orientation, marital status, public assistance status or
any other characteristic protected by federal, state or local law.
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CITY shall,through the City Attorney, direct CONSULTANT'S required response to any
request for release of information under the Data Practices Act and reimburse the
CONSULTANT, in addition to any other compensation, for CONSULTANT'S reasonable
costs and labor to comply with any such request for release of information.
N. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Minnesota.
O. DISPUTE RESOLUTION
CITY and CONSULTANT agree to negotiate all disputes between them in good faith for a
period of 30 days from the date of notice of dispute prior to proceeding to formal dispute
resolution or exercising their rights under law. Any claims or disputes unresolved after good
faith negotiations shall first be submitted to mediation utilizing the Minnesota District Court
Rule 114 Roster. Disputes not resolved by mediation shall then be submitted to arbitration in
accordance with provisions of the Construction Industry Arbitration Rules of the American
Arbitration Association. CONSULTANT and the CITY agree to reyuire an equivalent dispute
resolution process governing all contractors, sub-contractors, suppliers, consultants, and
fabricators concerned with this project.
P. SURVIVAL
All obligations, representations and provisions made in or given in Section IV of this
Agreement will survive the completion of all services of the CONSULTANT under this
Agreement or the termination of this Agreement for any reason.
Q. SEVERABILITY
Any provision or part of the Agreement held to be void or unenforceable under any law or
regulation shall be deemed stricken, and all remaining provisions shall continue to be valid
and binding upon CITY and CONSULTANT,who agree that the Agreement shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
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SECTION V- SIGNATURES
THIS INSTRUMENT embodies the whole agreement of the parties,there being no promises,terms,
conditions or obligation referring to the subject matter other than contained herein. This Agreement
may only be amended, supplemented, modified or canceled by a duly executed written instrument
signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their
behalf.
CITY: CITY OF SCANDIA CONSULTANT: BOLTON&MENK,
INC.
Mayor City Engineer
City Administrator Senior Principal Engineer
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