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HomeMy WebLinkAbout6.k.Professional Services Agreement - Charlies Park Tennis CourtsJune 30, 2009 BRAUER ASSOCIATES, LTD. LAND USE PUNNING AND DESIGN City of Rosemount Attn: Dan Schultz, Director of Parks Recreation Rosemount Community Center 13885 South Robert Trail Rosemount, MN 55068 -3438 RE: Professional Services Proposal Tennis Courts Charlie's Park in Rosemount, Minnesota This letter proposal outlines a scope of services, fee schedule, and other elements, which, if approved, constitutes an Agreement between the City of Rosemount, Minnesota, herein referred to as the OWNER, and Brauer Associates Ltd., herein referred to as the CONSULTANT. The OWNER hereby retains the CONSULTANT to provide professional services required to complete Design Development, Construction Document preparation, Bidding, and Construction Observation Services for the Tennis Court Project at Charlie's Park, located in the City of Rosemount, Minnesota, hereinafter referred to as the PROJECT. Brauer Associates, LTD. will act as the overall project lead consultant for this project. We will also handle coordination with the Owner's engineering firm (WSB Associates, Inc.) and have also included the following "Key Sub consultants" as part of the Brauer Team for this project. AECOM USA, Inc. (formerly STS Consultants) for predesign geotechnical evaluation o Primary contact Darrin Hyatt The CONSULTANT'S services shall include the following: A. SCOPE OF SERVICES "A" Design Development and Construction Document Preparation 1. Project Startup Focus Meeting: The general purpose of the focus meeting is to allow the Brauer team the opportunity to develop a very clear understanding of the scope of the project, intended outcome, City's expectations of the consultant's services, confirm key individuals, associations, committees, staff members, etc. who Will be involved in the project or.have information that will affect the project, and general review and discussion about the issues and concerns related to this project. 2. Design Development: Preparation of design development documents for the OWNER based on input from City Staff. The Design Development for these items and areas shall include the preparation of written text, plans and other drawings necessary to describe the design, materials, colors, textures in sufficient detail for the OWNER to grasp the appearance and function of the improvements. a This includes review and use of appropriate design standards for listed facilities and preparation of design development drawings. The drawings include preliminary site layout, site restoration, grading, removals plans, site utility plans, etc. and details as required. Outline specifications, including general and technical sections, will be prepared. The bid form outline will be prepared and used to estimate construction costs. b. An estimate of the cost to construct these improvements will be refined based on these documents. From this estimate the OWNER shall determine which of the improvements shall be included in the final phase of design, (Construction Documents). 3. Construction Document Development: Preparation of final Construction Documents for the improvements as approved by the OWNER for inclusion in this project. These documents shall Page 1 of 5 include plans and other drawings as necessary, as well as, specifications in sufficient detail for the OWNER to pursue competitive bids for the construction of the improvements. a. The Brauer Team will provide all of the professional design services, required to complete the plans and specifications as required for bidding the improvements for this project except the following: i. Civil Engineering: It is understood that the City's engineering firm (WSB Associates, Inc.) will complete any plans and specifications as related to storm sewer Civil Engineering. The Brauer Team will include coordination of WSB's work. ii. Hazardous waste engineering iii. Archeological services iv. Ecological design services v. Electrical Lighting vi. Irrigation Design The Brauer team shall provide coordination of these services should they be required and the OWNER elect to hire others to complete work required. b. Product: One complete paper and digital set of construction drawings, specifications and final estimate of probable construction costs. 4. Meetings to be held in Rosemount: a. Project initiation orientation meeting Detailed Owner input will be required for items such as: i. fencing gates ii. access iii. screening b. 50 %complete design review meeting (design development) c. 95% complete design review meeting (construction documents) 5. Product: a. One set of plan documents at 50 and 95% complete design reviews b. One set of specifications at 95% complete design reviews c. One full set of final bid documents (plans and specifications) at 100% d. Cost estimates at 50% and 95% complete design reviews B. SCOPE OF SERVICES "B" Bidding Procedures and Site Observation/Contract Administration: 1. Bidding Procedures: Oversight of the bidding/quoting process and selection of contractors, and including defining bidding/quoting procedures and award of contract procedures. Also included is administration of project bidding/quoting, responding to contractor questions that arise, facilitating pre -bid meeting (if deemed necessary), 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. a. Meetings to be held in Rosemount: i. Attendance at pre -bid meeting (if deemed necessary). ii. Attendance at bid opening. b. Product: One complete paper and digital set of all contract addenda, tabulation of bids, letter of bid recommendation and other related correspondence. 2. Site Observation/Contract Administration: Working collaboratively with City staff, the Brauer team will undertake project administration and observing construction progress and adherence to design intent. Page 2 of 5 a. Administration of contract, including application for payment forms, certificate of payment forms, change order forms, substantial completion forms, final payment forms, etc. b. Administration of pre construction meeting, which reviews the project elements and clearly defines the owner's expectations as to the quality of construction, dealing with problems that may arise, timeliness, etc. c. 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. d. Preparation of construction progress reports as necessary to document specific issues and areas of concern. e. Review shop drawings, submittals, and reports from independent testing agency. f. On -going correspondence /field meetings with staff and contractor for purposes of reviewing construction progress and discussion of pertinent issues, concems and upcoming construction. Meetings to be held in Rosemount: i. Pre construction meeting Brauer Team, Owner, General Contractor and their subcontractors, utility companies. ii. As needed periodic on -site observation of construction progress. This will allow the Brauer Team to: g. become generally familiar with and to keep the Owner informed about the progress and the quality of the portion of the Work completed. Note, the Brauer Team shall not be required to make exhaustive or continuous on site inspections to check the quality or quantity of the Work. guard the Owner against defects and deficiencies in the Work, determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. Report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. Formal weekly construction progress meetings with Owner and General Contractor Brauer Team consultants as determined by contractor's progress. iv. Substantial completion meeting Brauer and all consultants, Owner, General Contractor. v. Final Project Completion review meeting Brauer and required consultants h. Product: One complete paper and digital set of all project change orders, field orders, observation reports, and all other correspondence produced during construction. C. SCOPE OF SERVICES "C" Pre Design Geotechnical Evaluation and Engineering Recommendations: 1. This following services will be performed by AECOM USA, Inc. (formerly STS Consultants). Geotechnical evaluation to provide recommendations for subgrade and pavement design. i. 4 borings will be completed to a depth of approx. 10 ii. Geotechnical engineering report will be developed with recommendations iii. Sketch identifying boring locations will be included in report Page 3 of 5 D. FEES FOR PROFESSIONAL SERVICES 1. For services as outlined in Paragraphs A.1 through A.5 above, fees will be billed on an hourly basis with an estimated total of Ten Thousand Four Hundred Dollars ($10,400.00), plus direct expenses billed at cost plus 10 2. For services as outlined in Paragraph B.1 through B.2 above, fees will be billed on an hourly basis with an estimated total of Four Thousand Five Hundred Fifty Dollars ($4,550.00), plus direct expenses billed at cost plus 10 3. For services as outlined in Paragraph C.1 above, fees will be billed on lump sum basis with a total of Two Thousand Five Hundred Dollars ($2,500.00), plus direct expenses billed at cost plus 10 4. For additional services requested by the Owner, fees will be billed on an hourly basis according to the following rate schedules: Brauer and Associates, Ltd's Hourly Rate Schedule Principal $110.00 Hour LA. Professional III $82.50 Hour L.A. Professional II $71.50 Hour LA. Professional I $55.00 Hour Expenses related to additional services will be billed in addition to the fee Cost +10 E. PAYMENT TO THE CONSULTANT 1. Payment shall be made upon presentation of valid invoices to the City Finance Office. Invoices shall provide, in addition to the amount of the Consultant's fee, a breakdown by description and amount, the expenses and costs sought for payment. Payment for services under this agreement may be submitted monthly. The City agrees to pay consultant within thirty (30) days of the date of a receipt of a valid invoice. F. OWNER'S RESPONSIBILITY 1. Full program coordination with one individual representing the OWNER'S interests. 2. Legal Counsel, advice, and services available to the CONSULTANT during the term of this Agreement on any or all matters related to the PROJECT such as, but not limited to, title opinions, interpretations of agreements, covenants and laws affecting the PROJECT, advice and assistance in processing applications, review and preparation of PROJECT agreement documents, participation in presentations to public agency staff and boards and general counsel on the legal implications of all substantive or procedural aspects of the PROJECT itself. 3. Coordinating all meetings with city stafFassociations/public involvement in the project. 4. Providing all soils engineering/borings and engineering geotechnical testing, hazardous waste engineering, archeological services and ecological design services required for the project. 5. All fees and expenses involved in federal, state agency or local permitting, plan review, etc. for the project. G. NONDISCRIMINATION 1. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, physical condition or age. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, physical condition or age. Such action shall include but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. H. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE 1. The CONSULTANT shall maintain time records for hourly fees, design calculations and research notes in legible form and these will be made available to the OWNER, if requested. Page 4 of 5 Printed Name: Jason L. Amberg, Vice President Signature: Signature: 2. The CONSULTANT shall carry insurance to protect him from claims under Workman's Compensation Acts; from claims for damages because of bodily injury including death to his employees and the public, and from claims for property damage. 3. The CONSULTANT reserves the right to secure and maintain statutory copyright in all published books, published or unpublished drawings of a scientific or technical character, and other works related to this PROJECT in which copyright may be claimed. The OWNER shall have full rights to reproduce works under this Agreement either in whole or in part as related to this PROJECT. One copy of each drawing shall be provided in reproducible form for use by the OWNER, but the original drawings will remain the property of the CONSULTANT. 4. The Consultant shall maintain during the full term of this Agreement, a policy of Professional Liability Insurance including General Commercial Liability Insurance and Automobile Liability Insurance coverage to cover its employees and agents, while undertaking activities pursuant to this Agreement. Said coverage shall be in such amounts as will equal the applicable limits of liability to which the City may be held pursuant to State Statutes, as amended or otherwise provided by law. Prior to the execution of this Agreement, Consultant shall have a Certificate of Insurances) sent to the City as proof of said coverage. The foregoing policy shall contain a provision that coverage afforded under the policy(s) will not be cancelled or not renewed without at least thirty (30) days prior written notice of the insurer's intended action being given to the City. The Certificate shall also specifically reference this Project in the Remarks Section of the Certificate. TERM, TERMINATION, SUCCESSORS AND ASSIGNS 1. The term of the Agreement shall be concurrent with the work authorized. 2. Termination may be accomplished by either party at any time by written notice, and shall be effective upon payment in full for all services performed to the date of receipt of such notice. 3. The OWNER and the CONSULTANT each binds itself, its partners, successors, assigns and legal representatives to the other party of this Agreement, and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. 4. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. IN WITNESS HEREOF the OWNER and the CONSULTANT have made and executed this Agreement, this day of 2009. Title: J. EXTENT OF AGREEMENT AND APPLICABLE LAW 1. This Agreement represents the entire and integrated Agreement between the OWNER and the CONSULTANT and supersedes all prior negotiations, representations, or Agreements, whether written or oral, with respect to the PROJECT. This Agreement may be amended only by written instrument signed by both OWNER and CONSULTANT. City of Rosemount 2875 145th Street West Rosemount, MN 55068 H.:IDOCSIPROMOTIONAL IPROMO- PROPOSALSI70091Rosemount tennis courts1Contract- tennis courts.doc Page 5 of 5 Brauer Associates, LTD. 10417 Excelsior Blvd. Suite One Hopkins, Minnesota 55343