4.7. SR 05-18-2020City of
El*
River
Request for Action
To
Item Number
Mayor and City Council
4.7
Agenda Section
Meeting Date
Prepared by
Consent
May 18, 2020
Zack Carlton, Planning Manager
Item Description
Reviewed by
Award Professional Services Contract: Jackson
Cal Portner, City Administrator
Street Water Tower Construction Services
Reviewed by
Action Requested
Approve, by motion, a Professional Services Contract with Kodet Architectural Group, Ltd. to complete
construction documents and project oversight for the restoration work on the Jackson Street Water
Tower.
Background/Discussion
The City of Elk River received a grant from the MN Historical Society to complete restoration work on
the Jackson Street Water Tower. This is set to be the final project in the restoration of a structure that is
listed on the National Registry of Historic Places and should be completed later this year.
This contract with Kodet Architectural Group continues our relationship with the same consultant the
city worked with for the preparation of construction plans and documents. They are familiar with the
structure and the requirements that go into restoring a structure of this type. Kodet will assist with the
preparation of final construction and bidding documents, pre -construction investigation, and oversight of
the restoration process.
Bidding of the restoration work will be complete in mid July and the restoration is anticipated to be
completed this fall.
Financial Impact
The current contract for construction documents and project oversight is $29,930. The Cultural Heritage
grant awarded the city $136,367.00 for the project. Bidding for the construction phase will occur later this
summer.
Attachments
■ Standard Agreement for Professional Services
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e
service, and community engagement that encourages and inspires prosperity INAMIRE1
tuver
13065 Orono Parkway
Elk River, MN 55330
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT ("Agreement") is made this 18th day of May, 2020, between the City
of Elk River, Minnesota ("City'), whose business address is 13065 Orono Parkway, Elk
River, MN 55330 and Kodet Architectural Group, LTD. ("Consultant") whose business
address is 15 Groveland Terrace, Minneapolis, MN 55403.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a
variety of professional services for City projects. That policy requires that persons, firms, or
corporations providing such services enter into written agreements with the City. The
purpose of this agreement is to set forth the terms and conditions for the professional
services Consultant will provide in connection with the 2020 Jackson Street Water Tower
Restoration Project, herein referred to as the "Work".
The City and Consultant agree as follows:
Work. The Consultant agrees to provide the professional services described in
Exhibit A attached hereto (the "Work").
2. Time for Performance of Services. The Consultant shall perform the services
described in Exhibit A, and according to the schedule outlined in Exhibit A, hereto.
3. Compensation for Services. City agrees to pay the Consultant $29,930.00 for the
Work. Any changes in the scope of the Work which may result in additional
compensation due to the Consultant shall require prior written approval by an
authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
4. The City agrees to provide the Consultant with the information required to complete
the Work.
5. Method of Payment. The Consultant shall submit itemized bills for professional
services performed under this Agreement on a monthly basis. Bills submitted shall
be paid in the same manner as other claims made to the City.
Page 1 of 6 Standard Agreement For Professional Services P 0 W E R E 0 0 t
Project Manager and Staffing. The Consultant has designated the individuals
identified in Exhibit A as the Project Manager to serve on the Project. The Project
Manager shall be assisted by other staff members as necessary to facilitate the
completion of the Project in accordance with the terms established herein.
Consultant may not remove or replace the Project Manager without the approval of
the City.
7. Standard of Care. Standard of Care. Consultant shall exercise the same degree of
care, skill and diligence in the performance of the Work as is ordinarily exercised by
members of the profession under similar circumstances in Minnesota. Consultant
shall be liable to the fullest extent permitted under applicable law, without limitation,
for any injuries, loss, or damages proximately caused by Consultant's breach of this
standard of care. Consultant shall put forth reasonable efforts to complete its duties
in a timely manner. Consultant shall not be responsible for delays caused by factors
beyond its control or that could not be reasonably foreseen at the time of execution
of this Agreement. Consultant shall be responsible for costs or damages arising
from unreasonable delays in the completion of the Work.
Audit Disclosure. The Consultant shall allow the City or its duly authorized agents
reasonable access to such of the Consultant's books and records as are pertinent to
the work performed under this Agreement. Any reports, information, data, etc.
given to, or prepared or assembled by, the Consultant under this Agreement which
the City requests to be kept confidential shall not be made available to any individual
or organization without the City's prior written approval. All finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, and reports
prepared by the Consultant shall become the property of the City upon termination
of this Agreement, but Consultant may retain copies of such documents as records
of the services provided.
Term. The term of the Agreement shall be from May 5, 2020, through June 30,
2021, the date of signature by the parties notwithstanding. This Agreement may be
extended upon the written mutual consent of the parties for such additional period
as they deem appropriate, and upon the terms and conditions as herein stated.
10. Termination. This Agreement may be terminated by the Consultant effective upon
sixty (60) days' written notice delivered to the City at the address written above. The
City may terminate this Agreement effective immediately, upon with notice to the
consultant. Upon termination under this provision, the Consultant shall be paid for
services rendered and reimbursable expenses until the effective date of termination.
If, however the City terminates this Agreement because the Consultant has failed to
perform in accordance with this Agreement, no further payment shall be made to the
Consultant, and the City may retain another consultant to undertake or complete the
Work.
Page 2 of 6 Standard Agreement For Professional Services P 0 W E R E 0 0 t
11. Independent Consultant. At all times and for all purposes herein, the Consultant
is an independent contractor and not an employee of the City. No statement herein
shall be construed so as to find the Consultant an employee of the City.
12. Non -Discrimination. During the performance of this Agreement, the Consultant
shall not discriminate against any employee or applicant for employment because of
race, color, creed, religion, national origin, sex, marital status, status with regard to
public assistance, disability, or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this
non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Consultant shall incorporate the foregoing
requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all
subcontracts for program work.
13. Assignment. Neither party shall assign this Agreement, nor any interest arising
herein, without the prior written consent of the other party.
14. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for in Exhibit A shall be honored by the City.
15. Severability. The provisions of this Agreement are severable. If any portion hereof
is, for any reason, held by a court of competent jurisdiction to be contrary to law,
such decision shall not affect the remaining provisions of this Agreement.
16. 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.
17. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to
the provisions of services to be provided. The Consultant and City, together with
their respective agents and employees, agree to abide by the provisions of the
Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and
Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided shall
constitute a material breach of this Agreement and entitle the City to immediately
terminate this Agreement.
18. Waiver. Any waiver by either party of a breach of any provision of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
19. Indemnification. Consultant agrees to defend, indemnify and hold harmless the
City and its officials, employees and agents from any liability, claims, damages, costs,
Page 3 of 6 Standard Agreement For Professional Services P 0 W E R E 0 0 t
losses judgments, or expenses, including reasonable attorney's fees, resulting directly
or indirectly from a negligent act or omission (including without limitation
professional errors or omissions) of the Consultant, its agents, employees, or
subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any
respect, all obligations under this Agreement.
20. Insurance.
A. Certificate of Liability Insurance identifying the City of Elk River as an
additional insured
21. Records Access. The Consultant shall provide the City access to any books,
documents, papers, and records which are directly pertinent to the specific contract,
for the purpose of making audit, examination, excerpts, and transcriptions, for three
years after final payments and all other pending matters related to this contract are
closed.
22. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement ("Information")
shall become the property of the City. The City may use the Information for its
purposes and the Contractor also may use the Information for its purposes. Reuse
of the Information for the purposes of the project contemplated by this Agreement
("Pro)ect") does not relieve any liability on the part of the Contractor, but any reuse
of the Information by the City or the Contractor beyond the scope of the Project is
without liability to the other, and the party reusing the Information agrees to defend
and indemnify the other from any claims or liability resulting therefrom. Final
Documents shall be submitted in Microsoft Word format (text) and PDF (diagrams
and elevations).
23. Subcontractor. The Consultant shall not enter into subcontracts for services
provided under this Agreement except as noted in Exhibit A, without the express
written consent of the City. The Consultant shall pay any subcontractor involved in
the performance of this Agreement within the ten (10) days of the Consultant's
receipt of payment by the City for undisputed services provided by the
subcontractor. If the Consultant fails within that time to pay the subcontractor any
undisputed amount for which the Consultant has received payment by the City, the
Consultant shall pay interest to the subcontractor on the unpaid amount at the rate
of 1.5 percent per month or any part of a month. The minimum monthly interest
penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Consultant shall pay the actual interest penalty due to
the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from the Consultant shall be awarded its costs and disbursements,
including attorney's fees, incurred in bringing the action. In addition, no
subcontractor can file alien against the City.
Page 4 of 6 Standard Agreement For Professional Services P 0 W E R E 0 0 t
24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from
or related to this Agreement or the relationships which result from this Agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal
or equitable actions by either party. Unless the parties agree otherwise, the
mediation shall be in accordance with the Commercial Mediation Procedures of the
American Arbitration Association then currently in effect. A request for mediation
shall be filed in writing with the American Arbitration Association and the other
party. No arbitration or legal or equitable action may be instituted for a period of
ninety (90) days from the filing of the request for mediation unless a longer period of
time is provided by agreement of the parties. Cost of mediation shall be shared
equally between the parties. Mediation shall be held in the City of Elk River unless
another location is mutually agreed upon by the parties. The parties shall
memorialize any agreement resulting from the mediation in a Mediated Settlement
Agreement, which Agreement shall be enforceable as a settlement in any court
having jurisdiction thereof.
25. Conflicts. No salaried officer or employee of the City and no member of the City
Council of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders the Agreement void. Any
federal regulations and applicable state statutes shall not be violated.
26. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original.
27. Governing Law. This Agreement shall be controlled by laws of the State of
Minnesota. Executed as of the day and year first written above.
City of Elk River
Mayor
City Clerk
Project Managers
Zack Carlton
City of Elk River
Phone: 763.635.1035
Kodet Architectural Group, LTD
John Brandel
Kodet Architectural Group, LTD.
Phone: 612.377.2737
Email: ZCarlton@ElkRiverMN.gov Email: jbrandel@kodet.com
Page 5 of 6 Standard Agreement For Professional Services P 0 W E R E 0 0 t
EXHIBIT A
Page 6 of 6 Standard Agreement For Professional Services P 0 w E R E 0 0 V
04odet Archi ecfijr � Group, Ltd.
Architecture e Interiors * Planning
Address t5 GrovFeland T rrncr Cont.acL Per 612,37L2737 wwwJ(Od Lcocri
Mlinineapoks,M` 55403 r:632.377.133�
F.: as ch@Psr det.corn
May 5, 2020
Mr. Zack Carlton AICP
City of Elk River — Planning Manager
13065 Orono Parkway
Elk River, MN 55330
Re: Jackson Street Water Tower Construction Documents.
Dear Mr. Carlton
Per our conversation the following is a proposal to complete the Construction Documents for the restoration of the
Water tower.
1. Completion of the Construction documents in preparation for Bidding and Construction Observation.
a. Full architectural services to complete the drawings for construction, bidding, and construction
contract administrations. Referred to as Basic Services.
This proposal is based on an assessment and work previously completed on the project.
Fees for Basic Services:
BASIC SERVICES
The following is a general outline for reference of doing full restoration services. Kodet Architectural Group has the
expertise and experience to provide full architectural consulting services for the restoration.
CONSTRUCTION DOCUMENTS SERVICES
Architectural design/documentation services during the Construction Documents Phase consisting of preparation of
drawings based on approved Design Development documents setting forth in detail the architectural construction
requirements for the project.
• Detailed construction plans and specifications
• Detailed construction elevations
• Detailed selection of building materials and systems
• Detailed structural construction drawings as outlined in Assessment.
• Meetings
BIDDING OR NEGOTIATION SERVICES
Place project out for bids to mutually acceptable contractors.
• Interpretation of construction documents during Bidding
• Evaluation of bids
• Services as needed to facilitate bidding
CONSTRUCTION ADMINSTRATION
• Coordinate with contractor(s) in observation and review of the construction work and applications for payments,
prepare change orders, and issue RFPs and ASIs
• Processing of submittals, including receipt, review of, and appropriate action on shop drawings product data,
samples and other submittals required by the Contract Documents
• In -office consultation and interpretation of drawings and specifications.
• Distribution of submittals to owner, contractor and/or architect's field representative as required
• Prepare the necessary punchlist and project close-out documents
• Warranty punchlist at the end of construction and an 11-month warranty inspection
• Estimate of 4 site visits by A/E team
V"eC)4.Aet E3rchitE:i.;fijrac q"oup, IL. d. Address t5 Groveland T rrace Contact P :612.,377.2.737 wwwjcc>deLcoryl
Minineapoks, MIS 55403 F: 6a2.377.133�
Architecture Interiors I:Inrain F.: rich@kodc:t.corn
Basic Services Fees: Proposed fees, Architecture and Structural as outlined in Assessment Report and to complete
Construction Documents in preparation for bidding:
A Fixed Fee of:
Architectural $ 3,500.00
Structural $ 4,500.00
Pre -Construction Investigation by PSI $18,930.00
Lead Remediation Plan and Oversight $ 3,000.00
TOTAL $29,930.00
RFIKARI MrARI FC
Typical reimbursable are in addition to the above and include the following:
• Travel expenses
• Any professional fee taxes
• Options such as models, renderings, etc.
• Field verification
• Printing for bidding
• Costs incurred in providing services
• Copying
• Color plots, drawings, etc.
• Specialty consultants, if required, are in addition to the above, which may include:
o Landscape architects
o Civil engineers
o Mechanical, Electrical, and Plumbing engineering.
o Lighting consultants
o Other specialty consultants, as identified by the Elk River.
SCHEDULE
• Kick -Off Meeting May 27, 2020
• Construction Documents Complete June 26, 2020
• Bidding Complete July 15, 2020
• Construction Administration July 15, 2020—Sept. 15, 2020
CONTRACT
We anticipate and agree with utilizing the City of Elk River standard Contract for Professional Services
NEGOTIATION
We support the opportunity to review any changes and modifications to the above. Kodet Architectural Group is
dedicated to providing high quality services and meeting client expectations.
Sincerely,
Kodet Archit tur r Ltd.
Michael Schellin, AIA