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8.2. SR 09-15-2003Item 8.2. ELK RIVER ARENA 1000 SCHOOL STREET P.O. BOX 720 ELK RIVER, MN 55330 (763) 635- 1141 FAX * (763) 635 -1144 Rczech@Ci.Elk-river.mn. Us To: Pat Klaers, City Administrator From: Rich Czech, Arena Manger Date: September 11, 2003 Subject: Engineering Proposal The following is the proposal from Stevens Engineers to replace the floor in the Bam as well as the dasher board system. Stevens Engineers has been involved in several projects like ours with successful results. I have checked with several of their references regarding past performances, they have all had positive comments. There are two packages that will be bided on separately. Package one, the replacement of the rink floor and package two, the replacement of the Dasher boards. The design phase of the project is outlined on page two of the agreement under Scope of Services. In this portion of the agreement Stevens Engineering will take us through the signing of the contracts with the contractors that will be awarded the bids. The construction portion of the agreement is basically an agreement to hire Stevens Engineering as our construction manager for the project. As noted on page four of the agreement, the expense for this service will vary. If the contractors that are awarded the bids are experienced, there will be less of a need to have Stevens Engineering on site, keeping the cost of their services to a minimum. This cost of the project will be billed monthly, separate from the design phase of the project. If I may be of any further assistance, please feel free to give me call. On a separate note, we have moved forward with testing the soil around the rink. The results of the tests should be completed by the end of the month. STEVENS ENGINEERS August 8, 2003 Mr. Rich Czech Ice Rink Manager Elk River Ice Arena P.O. Box 720 Elk River, MN 55330 Re: Professional Engineering Services Proposal - Ice Rink Floor & Dasher Board Replacement Dear Mr. Czech: The City's prudent decision to replace the ice arena's existing ice dnk floor will provide you with better reliability, and less operation and maintenance costs. We aro pleased to offer our services to design your new direct ice dnk floor and dasher board system for Rink 1 (Barn). Project Understanding The Elk River Ice Arena consists of two (2) dnks both served by individual Holmstein direct R-22 refrigeration systems. The refrigeration system serving the original rink or Rink 1 (Barn) has a capacity of 80 tons and the system for the new rink or Rink 2 (Olympic) has capacity of 135 tons. The floor piping for Rink 1 (Barn) is leaking and requires replacement A new direct refrigeration rink floor will replace the existing direct floor. The City has taken the initial step of hiring Braun Intertec to inveslJgate the soils below Rink 1 (Barn). Stevens Engineers has provided the City will preliminary cost information as outlined in the April 18, 2003 letter. As part of this project the existing wood framed dasher boards will be replaced with a new steel or aluminum framed system. The City has expressed interest in rousing several of the exisling steel framed access gates and possibly the resurfacer gates with the new system. It is undecided at this time whether tempered glass or acrylic shielding will be used. The dasher board system will be bid as a separate package. The Project includes one (1) design package for a new ice rink floor and one (1) design package for a new dasher board system. The following items will be included in the ice rink floor design: · Discussion on the need for sub-soil heat system. If the City selects to install a sub-soil heat system the dnk piping grid for the sub-soil heat piping will be included in this scope of work. · Demolition of existing concrete ice rink slab, rink piping, and floor insulation. The City may remove and dispose of the concrete material. · Removal of existing soil material as necessary to accommodate new floor insulation system. Office 2:\Marketing\lce~Proposals~EIk River Floor Replacement 9-2-03.doc GEN 1656 Livingstone Road · Hudson, WI 54016 715-386-5819 · 651-436-2075 · 800-822-7670 · fax: 715-386-5879 · www. stevensengineers.com · One layer of new floor insulation to accommodate an extended seasonal schedule (8-9 months). · Reuse one layer of existing floor insulation. · 6 mil vapor barder. · Sub-soil and rink floor temperature monitoring system. · 5" reinforced concrete slab with expansion joint, 1/2" Schedule 40 rink tubing and schedule 40 steel headers. · R-22 refrigerant as necessary to accommodate the new system. The following items will be included in the dasher board design: · A new steel or aluminum framed dasher board system. · Tempered or acrylic shielding. · Supported or seamless shielding. · Protective netting. · Incorporation of existing access gates, resurfacer gates and 6' acrylic shielding if desired by the C~ty. · System layout to include evaluation of site lines from the existing bleachers. · Cost comparison of various systems. · The City will remove and dispose of existing dasher board system. Scope of Services Design Phase Construction Documents: The Engineer will prepare one (1) package of construction documents for the ice rink floor replacement project and one (1) package of construction documents for the dasher board replacement project Each package will include the following. The Engineer will review a draft set of plans and specifications with the City pdor to finalizing the construction documents. · Final estimate of probable construction cost · Plans · Specifications including general conditions, construction contract, form of agreement between the City and the contractor, and bid proposal requirements and forms. Bidding: The Engineer will: · Provide recommendations on bidding and award schedule. · Assist in answering questions from contractors or others during the bidding process. · Be present during bid opening. · Review bids submitted by contractors. · Recommend award of contract · Prepare construction contracts for review by the City. Mr. Rich Czech September 2, 2003 Page 2 of 5 Construction Phase The Engineer will provide Construction Engineering Services as requested by the City. The Engineer recommends the following minimum site visits. This may vary depending on the experience level of the contractor that has been awarded the project 1. Existing floor insulation and subsoils alter concrete is removed (2 hours on-site). 2. Final floor insulation installation (2 hours on-site). 3. Final piping install~on prior to concrete placement (4 hours on site). This would also include a concrete pre-pour meeting. 4. Concrete floor pour. (8 hours on-site). 5. Dasher board installation at the start of the installation (2 hours on-site). 6. Dasher board installation toward the end of the installation (2 hours on-site). 7. Final visit to generate punch list of uncompleted items. 8. We will also provide shop drawing review of piping, insulation, supports, dasher.boards and accessories and be available to answer questions during construction as needed. Supplemental Services The Engineer shall provide additional services as requested in advance by the City according to the printed General Provisions (Exhibit A) attached. Schedule The project will be designed in the fall of 2003 and bid between the end of December, 2003 and the end of January, 2004. Construction will begin as soon as the scheduled dry floor events are complete in mid May, 2004. The project completion date will be approximately September 10, 2004. Compensation Design Services The Engineer will provide the Design Phase Basic Services as outJined in this agreement for the following: Package 1 - Ice Rink Floor Replacement (lump sum) This fee is based on an estimated construction cost of $281,000 which includes removal of concrete and insulation by the contractor. Also included are: Alternate No. 1 - Subsoil heating grid (add) Alternate No. 2 - Concrete & insulation removal by City (deduct) $12,000 plus expenses (est. $400) Package 2 - Dasher Board Replacement (lump sum) This feel is based on an estimated construction cost of $100,000. $5,000 plus expenses (est. $200) Mr. Rich Czech September 2, 2003 Page 3 of 5 Construction Services The Engineer will provide the Construction Phase Basic Services as oulJined in this agreement on an hourly basis in accordance with the General Engineering Fee Schedule attached plus reimbursable expenses. The Engineer's fee for the Construction Phase is estimated as follows: Package 1 - Ice Rink Floor Replacement Package 2 - Dasher Board Replacement $3000 to $4000 plus expenses (est. $200) $1200 to $1800 plus expenses (est. $100) Conditions beyond the control of the Engineer may cause fees to exceed this range. The level of service provided by the Engineer will depend in part on unforeseen site conditions, the quality and responsiveness of the Contractor and the Contractor's adherence to the construction schedule. For pre-approved Supplemental Services the City will pay the Engineer on an hourly basis in accordance with the General Engineering Fee Schedule plus reimbursable expenses. Basic services and reimbursable expenses will be billed monthly. The General Engineering Fee Schedule is valid through December 31, 2003. Any services furnished after December 31, 2003 will be charged in accordance with our 2004 fee schedule. We will not increase any item on the fee schedule by more than 5% for work performed in 2004. This fee increase does not affect the fixed fee proposed above provided the design phase is completed in 2003. Additional Terms and Conditions If there are protracted delays for reasons beyond the Engineers control, the City will negotiate with the Engineer an equitable adjustment to the Engineer's compensation taking into consideration the impact of such delay. If there are revisions to the design after the Engineer has started the work in accordance with the instructions provided by the City, the Engineer will proceed with revisions to the work as extra work and will bill hourly in accordance with the General Engineering Fee Schedule that is applicable to the period when services are being rendered. Prior to starting the work, the City shall provide the Engineer with full information regarding the City's requirements including any special or extraordinary considerations for the Project or special services needed. The City shall also make available all pertinent existing data. Mr. Rich Czech September 2, 2003 Page 4 of 5 This proposal, the General Provisions (Exhibit A) and the General Engineering Fee Schedule represent the entire understanding between the City ("Owner") and Stevens Engineers ("Engineer") with respect to the Project and may only be modified in writing signed by both parties. If this satisfactorily sets forth your understanding of our agreement, please sign both copies of this agreement, keep one copy for your files and return one copy to our office. We appreciate the opportunity to work with the City on this project. Very truly yours, STEVENS ENGINEERS, INC. DeBenedet, ~.E. President By Scott A. Ward, P.E. Project Manager Accepted this By day of Signature ,2003 Printed Name Title or Position Enclosure Mr. Rich Czech September 2, 2003 Page 5 of 5 WASTEWATER TREATMENT WATER SUPPLY & TREATMENT WATER STORAGE & DISTRIBUTION STORM WATER & DRAINAGE STREETS HIGHWAYS & BRIDGES SITE DESIGN LAND DEVELOPMENT 3.1.1. OWNER shall provide at[ criteria and fur[ information as to OWNER's requirements for the Project; designate a person to act with authority on OWNER's behalf in respect of at[ aspects of the Project; examine and respond promptly to ENGINEER's submissions; and give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any defect in the work. 3.2. O~ner Provides Services 3.2.1. OWNER shat[ also do the following and pay all costs incident thereto: --Furnish to ENGINEER sub-surface explorations, Laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of at[ of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning and deed restrictions; att of which ENGINEER may rely upon in performing services hereunder. --Guarantee access to and make att provisions for ENGINEER to enter upon public and private property. --Provide such legal, independent cost estimating and insurance counseling services as may be required for the Project, any auditing service required in respect of Contractor(s)' applications for payment, and any. inspection services to determine if Contractor(s) are performing the work Legally. --Furnish approvals and permits from at[ governmental authorities having jurisdiction over the Project. 4.0 PAYMENT OF FEES 4.1. Fees Are In Accordance Uith Letter Agre(~aent 4.1.1. The ENGINEER'S fees shall be in accordance with the Letter Agreement. Un[ess stated otherwise in the Letter Agreement, fees do not include reimbursable expenses which are billed direct in accordance with paragraph 4.2. 4.1.2. Fixed fees shall be payable in full when the ENGINEER'S services are completed. If the project is suspended for mere than 90 days or terminated, the ENGINEER shat[ be paid his complete fixed fee or on the basis of his time spent on the work at his standard hourly rates, whichever is Less. 4.1.3. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefore, the amounts due ENGINEER will be increased at the rate of 1.5% per month from the date of the invoice, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. OWNER shall also pay all costs of collection of unpaid fees and expenses, including reasonable time of ENGINEER and his employees based on the standard fee schedule. 4.1.4. AL[ invoices will be formatted as in the attached "example invoice". 4.2. Reimbursable Expenses 4.2.1. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly or indirectly in connection with the Project, such as expenses for: transportation; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project related items; charges Levied by others for materials required to perform the work (copies of record plans, maps, deeds, specialized documents, etc.); filing fees; permit application fees, etc.; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. SECTION 5 - M[SCELLJ~NEOUS 5.1. Geflerat Requirements 5.1.1. Since ENGINEER has no control over the cost of Labor, materials, equipment or services furnished by others or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Price Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and represent ENGINEER's best judgment; but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. 5.1.2. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 5.1.3. This Agreement is to bo governed by the taws of the principal place of business of the ENGINEER. 5.1.4. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and att duties and responsibilities undertaken pursuant to this Agreement wit[ be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 5.1.5. Any hazardous waste, underground storage tanks, or asbestos required to be removed, encapsulated or otherwise contained during the course of this project will be removed, encapsulated or otherwise contained as required by [aw, rules, regulations or orders by OWNER, acting through qualified professionals and contractors. Page 2 of 2 Pages EXHIBIT A GENERAL PROVISIONS For Design and Construction Phase Services SECT]Oli I - BASIC SERVICES OF THE ENGINEER 1.1. Scope of Services 1.1.1. ENGINEER shat[ provide services to the OWNER in accordance with the scope of services stated in the letter agreement. 1.2. Design Phase 1.2.1. That phase of the work which is the design phase may be further divided into a preliminary phase and a final phase. 1.2.2. If a Preliminary phase is included, the ENGINEER wi[[ prepare preliminary drawings and other work product as stated in the Letter agreement. He wi[[ advise OWNER of the need for additional data or services of the types described in paragraph 3.2 and/or decisions required of the OWNER. This conference wi[[ be supplemented by a written report to the OWNER if requested by the OWNER or if deemed appropriate by the ENGINEER. 1.2.3. The ENGINEER, after authorization to proceed with the Final Design Phase, and on the basis of the accepted Preliminary Design documents, if any, wit[ prepare final drawings to show the scope, extent and character of the work to be furnished and performed by Contractor(s) (hereinafter ca[ted "Drawings"). He shall also provide information for OWNER's use in filing applications for permits with or obtaining approvals of such governmental authorities, and assist OWNER in consultations with appropriate authorities. Construction Phase. 1.3.1. If the Letter agreement provides for services during the Construction Phase, ENGINEER shat[ consult with and advise OWNER and act as OWNER's representative as provided be[ow. Att of OWNER's instructions to Contractor(s) wilt be issued through ENGINEER who wilt have authority to act on behalf of the OWNER except as otherwise provided in writing. 1.3.2. ENGINEER, and/or his Representative, shall make visits to the site as ENGINEER deems necessary in order to observe the progress and quality of the various aspects of Contractor(s)' work. Re shall also interpret the contract documents to the Contractor when, in the opinion of the ENGINEER, the Contractor's work is not in conformance with the contract documents. 1.3.2.1. Based on information obtained during such visits and on such observations, and if ENGINEER believes that the Contractor's work wit[ not produce a completed Project that conforms generally to the Contract Documents, or that the work is not likely to be completed on schedule, he shat[ notify the OWNER and the contractor in writing of his opinion. 1.3.2.2. ENGINEER shat[ not, supervise, direct or have control over Contractor(s)' work, nor shat[ ENGINEER have authority over or responsibility for the means, methods, techniques or procedures of construction selected by Contractor(s), or for safety precautions and programs incident to the work of Contractor(s), or for any failure or act or onmission of any Contractor(s), subcontractor or supplier to comply with the contract documents, taws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work; Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents except to the extent that ENGINEER approves work or materials which are clearly inconsistent with the contract documents. SECTION 2 - ADDITIONAL SERVICES OF THE ENGINEER 2.1. ADDITIONAL SERVICES DEFINED 2.1.1. For the purposes of this agreement, it is agreed that normal and customary engineering services do not include service in respect of the following categories of work which are usually referred to as Additional Services or Extra Work. · 2.1.1.1. If OWNER wishes ENGINEER to perform any of the fo[towing Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others, such services and wit[ be paid therefore as extra services: --Preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. --Services to set string tines, batter boards, set grade and/or alignment of forms or other tike work of Contractor(s) other than setting offset stakes for grade and alignment. --Furnishing services by the ENGINEER or by an independent professional associate for construction testing. --preparing a set of reproducible record prints of Drawings showing those changes made during the construction process, based on the marked-up prints, drawings and other data developed by ENGINEER during construction or furnished by Contractor(s) to ENGINEER and which ENGINEER considers significant. SECTION ~ - OUNER'S RESPONSIBILITIES ].1 Owqer Provides Fu[[ Information Page 1 of 2 Pages 3.1.1. OWNER shall provide ail criteria and fuji information as to OWNER's requirements for the Project; designate a person to act with authority on OWNER's behalf in respect of all aspects of the Project; examine and respond promptly to ENGINEER's submissions; and give pro~t written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any defect in the work. 3.2. O~ner Provides Services 3.2.1. OWNER shall also do the following and pay ail costs incident thereto: --Furnish to ENGINEER sub-surface explorations, Laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of ail of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property descriptions; zoning and deed restrictions; ail of which ENGINEER may rely upon in performing services hereunder. --Guarantee access to and make ali provisions for ENGINEER to enter upon public and private property. --Provide such legal, independent cost estimating and insurance counseling services as may be required for the Project, any auditing service required in respect of Contractor(s)' applications for payn~nt, and any inspection services to determine if Contractor(s) are performing the work Legally. --Furnish approvals and permits from all governmental authorities having jurisdiction over the Project. 4.0 PAYMENT OF FEES 4.1. Fees Are In Accordance With Letter Agreement 4.1.1. The ENGINEER'S fees shall be in accordance with the Letter Agreement. Unless stated otherwise in the Letter Agreement, fees do not include reimbursable expenses which are billed direct in accordance with paragraph 4.2. 4.1.2. Fixed fees shall be payable in full when the ENGINEER'S services are completed. If the project is suspended for more than 90 days or terminated, the ENGINEER shall be paid his complete fixed fee or on the basis of his time spent on the work at his standard hourly rates, whichever is [ess. 4.1.3. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefore, the amounts due ENGINEER will be increased at the rate of 1.5% per month from the date of the invoice, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full ail amounts due for services, expenses and charges. OWNER shall also pay ali costs of collection of unpaid fees and expenses, including reasonable time of ENGINEER and his employees based on the standard fee schedule. 4.1.4. ALL invoices will be formatted as in the attached "example invoice". 4.2. Reimbursabte Expenses 4.2.1. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly or indirectly in connection with the Project, such as expenses for: transportation; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project related items; charges Levied by others for materials required to perform the work (copies of record plans, maps, deeds, specialized documents, etc.); filing fees; permit application fees, etc.; and if authorized in advance by O~NER, overtime work requiring higher than regular rates. SECTIOM 5 - MISCELLANEOUS 5.1. General Requirea~-nts 5.1.1. Since ENGINEER has no control over the cost of tabor, materials, equipment or services furnished by others or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Price Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and represent ENGINEER's best judgment; but ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs wilt not vary from opinions of probable cost prepared by ENGINEER. 5.1.2. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 5.1.3. This Agreement is to be governed by the Laws of the principal place of business of the ENGINEER. 5.1.4. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and ail duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 5.1.5. Any hazardous waste, underground storage tanks, or asbestos required to be removed, encapsulated or otherwise contained during the course of this project will be removed, encapsulated or otherwise contained as required by law, rules, regulations or orders by OWNER, acting through qualified professionals and contractors. Page 2 of 2 Pages STEVENS ENGINEERS DATE: RE: Janua~ 2,2003 GeneralEngineering Fee Schedule~r2003 The following Engineering Fee Schedule is furnished for your information. HOURLY FEE SCHEDULE Personnel: Principal Engineer/Project Manager Project Engineer Senior Technician Technician Clerical Survey Crew $95.00 - $103.00/hr. $57.00 - $95.00/hr. $50.00 - $65.00/hr. $40.00 - $51.00/hr. $45.00/hr. $125.00/hr. MISCELLANEOUS CHARGES Mileage Photocopies: 81/2" x 11" or 81/2" x 14" Photocopies: 11" x 17" Blueline Prints: 22" x 34" or 24" x 36" Blueline Prints: larger than 24" x 36" Out-of-Pocket Expenses $ 0.36/mile $ 0.05/each $ 0.10/each $1.00/each $ 2.00/each actual cost Engineering Services may be on a fixed fee basis when prior arrangements are made. ~3ENGFEE.DOC #1001 1656 Livingstone Road · Hudson, WI 54016 715-386-5819 · 651-436-2075 · 800-822-7670 · fax: 715-386-5879 · www. stevensengineers.com