HomeMy WebLinkAboutContract 19801980
AGREEMENT FOR PROFESSIONAL SERVICES
2006 CONSTRUCTION OBSERVATION SERVICES
CITY OF COLUMBIA HEIGHTS, MINNESOTA
This Agreement, made this day 2 y and between CITY OF COLUMBIA HEIGHTS, S90
40"' Avenue NE, Columbia Heights MN S 5077, hereinafter referred to as CLIENT, and BOLTON & MENK,
INC., 12224 Nicollet Avenue, Burnsville MN SS337, hereinafter referred to as CONSULTANT.
WITNESS, whereas the CLIENT requires professional services in conjunction with 2006 Construction
Observation Services and whereas the CONSULTANT agrees to furnish the various professional services
required by the CLIENT.
NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it
is agreed:
SECTION I -CONSULTANT'S SERVICES
A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed
project as described in Exhibit I.
B. Upon mutual agreement of the parties hereto, Additional Services maybe authorized as described
in Exhibit I or as described in Paragraph IV.B.
Ver. 03-OS-2004
Page 1 of 9
SECTION II -THE CLIENT'S RESPONSIBILITIES
A. The CLIENT shall compensate the CONSULTANT in accordance with Section IVJ of this
Agreement.
B. The CLIENT shall place any and all previously acquired information in its custody at the disposal
of the CONSULTANT for its use. Such information shall include but shall not be limited
boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil
surveys, abstracts, deed descriptions, file maps and layouts, aerial photos, utility agreements,
environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy
and sufficiency of all such information in performing services unless otherwise instructed, in
writing, by CLIENT.
C. The CLIENT will make all provisions for entry upon both public and private portions of the
project and pertinent adjoining properties.
D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or
otherwise becomes aware of any defect in the proposed project.
E. TI`le t~.L~1~iT shall dCSlgYlate a. IAa3$on persoIl to alit 2tS the l^.LIE?`i T ~J 1`epreSCntatiVe W1tl"1 respect to
services to be rendered under this Agreement. Said representative shall have the authority to
transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S
policies with respect to the project and CONSULTANT'S services.
F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance
counseling services as may be required for completion of the consultant services described in this
agreement.
G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution
of the project.
H. The CLIENT may hire, when requested by the CONSULTANT, an independent test company to
perform laboratory and material testing services, and soil investigation that can be justified for the
proper design and construction of the project. The CONSULTANT shall assist the CLIENT in
selecting a testing company. Payment for testing services shall be made directly to the testing
company by the CLIENT and is not part of this Agreement.
Ver,03-OS-2004
Page 2 of9
SECTION III -COMPENSATION FOR SERVICES
A. FEES.
The CLIENT will compensate the CONSULTANT in accordance with the following schedule of
fees for the time actually spent in performance of Agreement services.
2006 Hourly Billing Rates
Principal Engineer/Surveyor ......................................................$120-I75/Hour
Associate Engineer/Surveyor ...................... ......... ..,...........$95-135/Hour
Project/Design Engineer ............................. .................................$55-125/Hour
Licensed Surveyor ...................................... .................................$70-130lHour
Project Surveyor ......................................... ...................................$50-90lHour
Senior Technician, Ryan Guritz .............. .......................................$73/Hour
Technician .................................................. ...................................$40-90/Hour
Clerical ....................................................... ...................................$30-85/Hour
GPS/Robotic Survey Equipment ................. .... ......$45-80lHour
AutoCAD/Computer Time ......................... ......................................No Charge
Office Supplies ............................................ ..................................... No Charge
Photo Copying/Reproduction ............................................................No Charge
Field Supplies/Survey Stakes & Equipment .....................................No Charge
Mileage ........................................................................No Charge
Charges are based on hours spent at hourly rates in effect for the individuals performing the work.
The hourly rates for Principals, Senior Associates, Associates and members of the staff vary
according to skill and experience. The Schedule of Fees shall apply for the period through
December 3 1, 2006. These rates maybe adjusted annually thereafter to account for changed labor
costs, inflation or changed overhead conditions.
These rates include labor, general business and other normal and customary expenses associated
with operating a professional business. Unless otherwise agreed, the above rates include vehicle
and personal expenses, mileage, telephone, survey stakes and routine expendable supplies; and no
separate charges will be made for these activities and materials. Expenses beyond the agreed
scope of services and non-routine expenses, such as large quantities of prints, extra report copies,
out-sourced graphics and photographic reproductions, document recording fees, outside
professional and technical assistance and other items of this general nature, will be invoiced out
separately. Rates and charges do not include sales tax, if applicable.
2. In addition to the foregoing, CONSULTANT shall be reimbursed at cost plus an overhead fee
(not-to-exceed 15%) for the following Direct Expenses when incurred in the performance of the
work.
CLIENT approved outside professional and technical services.
Outside reproduction and reprol,~raphie charges.
Spceiai field equipment rental.
Ver. 03-OS-2004
Page 3 of 9
d. Other mutually agreed upon costs for such additional items and services as maybe
required by the CLIENT to fulfill the terms of this Agreement.
Page 4 of 9
V er. 03-OS-2004
SECTION IV -GENERAL
A. 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 the Consultant's profession currently practicing
under similar conditions. No warranty, express or implied, is made.
B. CHANGE LN PROJECT SCOPE
In the event the CLIENT changes or is required to change the scope of the project from that described in
Section Iand/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 CLIENT of any Additional Services, prior to
furnishing such additional services. The CLIENT 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
COI~'Su'LTANT sliaii isiderr~riify, defend, and lioid harmless CLIEivTT and its offciais, agents grid
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 subconsuItants. hi no event shall CLIENT be liable to
CONSULTANT for consequential, incidental, indirect, special, or punitive damages.
CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any loss,
claim, liability, and expense (including reasonable attomeys' fees and expenses of litigation} arising from,
or based in the whole, or in any part, on any negligent act or omission by CLIENT'S employees, agents, or
consultants. In no event shall CONSULTANT be liable to CLIENT for consequential, incidental, indirect,
special, or punitive damages.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services
under this Agreement are being performed solely for the CLIENT'S benefit, and no other entity shall have
any claim against the CONSULTANT because of this Agreement or the performance or nonperformance
of services hereunder. The CLIENT and CONSULTANT agree to include a provision in all contracts with
contractors and/or subcontractors and other entities involved in this project to carry out the intent of the
paragraph.
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 actin-hies (including automobile use}. The liability insurance policy
shall provide coverage far each occurrence in the minimum amount of $1,000,000.
Ver. 03-OS-2004
Page 5 of 9
During the period of design and construction of the project, 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. The 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 CLIENT, CONSULTANT shall provide CLIENT 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 CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of
construction cost opinions or estimates. The CLIENT 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, techniques, schedules or procedures of construction selected by the contractor or the safety
precautions or programs incident to the work of the contractor.
G. USE OF ELECTRONIC/DIGITALbATA
Because of the potential instability of electronic/digital data and susceptibility to unauthorized changes,
copies of documents that maybe relied upon by CLIENT are limited to the printed copies (also known as
hard copies) that are signed or sealed by CONSULTANT. Except for electronic/digital data which is
specifically identified as a project deliverable by this AGREEMENT or except as otherwise explicitly
provided in this AGREEMENT, all electronic/digital data developed by the CONSULTANT as part of the
PROJECT is acknowledged to be an internal working document for the CONSULTANT"S purposes solely
and any such information provided to the CLIENT shall be on an "AS IS" basis strictly for the
convenience of the CLIENT without any warranties of any kind. As such, the CLIENT is advised and
acknowledges that use of such information may require substantial modification and independent
verification by the CLIENT (or its designees). Provision of electronic/digital data, whether required by
this Agreement or provided as a convenience to the Client, does not include any license of software or
other systems necessary to read, use or reproduce the information. It is the responsibility of the CLIENT to
verify compatibility with its system and long-term stability of media. CLIENT 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 CLIENT allowing 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 versions of any documents}
prepared or funzished by CONSULTANT pursuant to this AGREEMENT are instruments of service in
respect of the Project and CONSULTANT shall retain exclusive ownership and property interest therein
Ver.03-OS-2604
Page 6 of 9
whether or not the Project is completed. The CONSULTANT shall be deemed the author of these
documents and shall retain all common taw, statutory and other reserved rights including the copyright.
CLIENT may make and retain copies for information and reference in connection with the use and
occupancy of the Project by CLIENT and others; 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. Any
reuse by CLIENT without written verification or adaptation by CONSULTANT for the specific purpose
intended will beat CLIENT`S sole risk and without liability or legal exposure to CONSULTANT and
CLIENT shall indemnify, defend and hold harmless CONSULTANT from all claims, damages, losses and
expenses including attorney's fees arising out of or resulting therefrom. Any such verification or
adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by CLIENT and
CONSULTANT.
I. PERIOD OF AGREEMENT
This Agreement will remain in effect for the longer of a period of one year or such other explicitly
identified completion period, after which time the Agreement maybe extended upon mutual agreement of
both parties.
J. PAYMENTS
If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days
after date of the CONSULTANT'S invoice, a service charge of one and one-half percent (1.5%) per month
or the maximum rate permitted by iaw, whichever is less, will be charged on any unpaid balance. In
addition after giving seven days' written notice to CLIENT, CONSULTANT may, without waiving any
claim ox right against the CLIENT and without incurring liability whatsoever to the CLIENT, suspend
services and withhold project deliverables due under this Agreement until CONSULTANT has been paid
in full all amounts due for services, expenses and charges.
K. TERMINATION
This Agreement may be terminated by either party for any reason or for convenience by either party upon
seven (7) days written notice.
In the event of termination, the CLIENT 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, cantingent upon ar resulting from award or
making of this Agreement.
M. NON-DISCRIMINATION
The provisions of any applicable law ar ordinance relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
Ver. 03-OS-2004
Page 7 of 9
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.
N. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Minnesota.
O. DISPUTE RESOLUTION
CLIENT 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 by Minnesota DisMct Court Rule 14 Raster. 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 CLIENT agree to require 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 I`v' of this Agreerr~ent wili
survive the completion of ail services of the CONSULTANT under this Agreement or the termination of
this Agreement for any reason.
Q. SEVERABILTI`Y
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 CLIENT 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.
Ver. 03-OS-2004
Page 8 of 9
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.
CLIENT: CITY OF COLUMBIA HEIGHTS
~- .a ~ ~
Da- t sr
CONSULTANT: BOLTON & MENK INC.
~~
7- LG- ~.® 6
Date
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Ver. 03-OS-2004
EXHIBIT I -SCOPE OF SERVICES
2006 CONSTRUCTION OBSERVATION SERVICES
CITY OF COLUMBIA HEIGHTS, MINNESOTA
PART 1 -- BASIC SERVICES; DEFYNITIONS
A. CONSULTANT' wilt furnish construction observers (identified herein as Resident Project
Representatives -"RPR") as may be required by the CLIENT to assist the CLIENT and its staff in the
completion of various construction projects, CONSULTANT shall designate appropriately qualified
individuals from its staff, subject to CLIENT'S prior approval, to provide the services requested by
the CLIENT.
B. For purposes of this Agreement, it is understood that all duties of the Resident Project
Representatives, including field assistants and other field staff to be provided by the CONSULTANT,
shall be performed under the direct professional supervision of CLIENT'S engineering staff (herein
referred to in this EXHIBIT I as "ENGINEER") in administration of construction projects between
CLIENT' (also referred to herein as "OWNER") and various construction contractors (referred to
herein as "CONTRACTOR").
C. The specific services to be provided by the RPR'S are described in Parts 2 through of Part 4 of this
EXHIBIT I. CLIENT'S ENGINEER will provide project specific supervision of RPR'S and establish
the detailed observation needs and schedules for each particular construction project. Any direction
by the CLIENT to materially augment or supplement the Basic Services described herein shall be in
writing.
D. The general relationship between the project OWNER (CLIENT) and CONTRACTOR are defined in
the Contract Documents for each specific project and these Contract Documents may impose other
responsibilities or limitations on the duties of the RPR. CONSULTANT and RPR shall become
familiar with the Contract Documents for each project that is assigned to the RPR. hi the event of
conflicts between the Contract Dacuments and the duties described in this EXHIBIT I, the CLIENT'S
ENGINEER will establish the controlling obligations.
PART 2 -- GENERAL DESCRIPTION OF RPR'S ROLE IN CLIENT'S CONSTRUCTION PROJECTS
A. If the OWNER and ENGINEER choose to fw-rtish a Resident Project Representative (RPR), assistants
and other field staff, they shall assist the ENGINEER in observing performance of the Work of the
CONTRACTOR. There is no expressed, written or implied guarantee that an RPR will be on site at ali
times.
B. Through more extensive on-site observations of the work in progress and field checks of materials and
equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for
OWNER against defects and deficiencies in the Work; but, the famishing of such services will not
make ENGINEER responsible for or give ENGINEER control over construction means, methods,
techniques, sequences or procedures or for safety precautions or programs, or responsibility for
CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents.
C. The duties and responsibilities of the RPR are limited to those of ENGINEER in the construction
Contract Documents, and are further limited and described as follows:
D, RPR is ENGINEER'S agent at the site, will act as directed by and under the supervision of
ENGINEER, and will confer with ENGINEER regarding RPR'S actions. RPR'S dealings in matters
pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping
OWNER advised as necessary. RPR'S dealings with subcontractors shall only be through or with the
full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER
with the knowledge of and under the direction of ENGINEER.
PART 3 -- DUTIES AND RESPONSIBILITIES OF RPR
A, Schedules: Review the progress schedule, prepare a schedule of Shop Drawing submittals and review
the schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning
acceptability.
B. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction
conferences, progress meetings, job conferences and other project related meetings, and prepare and
circulate copies of minutes thereof.
C. Liaison:
1. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through
CONTRACTOR'S superintendent and assist in understanding the intent of the Contract
Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when
CONTRACTOR'S operations affect OWNER'S on-site operations.
2. Assist in obtaining from OWNER additional details or information, when required for proper
execution of the Work.
D. Shop Drawings and Samples:
1. Record date of receipt of Shop Drawings and samples.
2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGIPdEER of
availability of samples for examination.
3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop
Drawing or sample if the submittal has not been approved by ENGINEER.
E. Review of Work, Rejection of Defective Work, Inspections and Tests:
1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the
Work is in general proceeding in accordance with the Contract Documents.
2. Report to ENGINEER whenever RPR believes that any work is unsatisfactory, faulty or defective
or does not conform to the Contract Documents, or has been damaged, or does not meet the
requirements of any inspection, test or approval required to be made; and advise ENGINEER of
work that RPR believes should be corrected or rejected or should be uncovered for examination,
or requires special testing, inspection or approval.
3. Verify that tests, equipment and systems startups and operating and maintenance training are
conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate
records thereof; and observe, record and report to ENGINEER appropriate details relative to the
test procedures and startups.
F. Accompany visiting inspectors representing public or other agencies having jurisdiction over the
Project, record the results of these inspections and report to ENGINEER.
Ci. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations
of the Contract Documents are needed and transmit to CONTRACTOR clarifications and
interpretations as issued by ENGINEER.
H, Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings
or Specifications and report with RPR'S recommendations to ENGINEER. Transmit to
CONTRACTOR decisions as issued by ENGINEER.
I. Records:
1. Maintain orderly files for correspondence, reports or job conferences, Shop Drawings and
samples, reproductions of original Cantraet Documents including all Work Directive Changes,
Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution
of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents,
progress reports, and other Project related documents.
Z. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions,
data relative to questions of Work Directive Changes, Change Orders or changed conditions, list
of job site visitors, daily activities, decisions, observations in general, and specific observations in
more detail as in the case of observing test procedures.
3. Record names, addresses and telephone numbers of all CONTRACTOR'S, subcontractors and
major suppliers of materials and equipment.
J. Reports:
1. Furnish ENGINEER periodic reports as required of progress of the work and of
CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing and
sample submittals.
2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important
phases of the Work.
3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from
CONTP.ACTOP~ and reccm,-rend to ENGINEEP. Change Orders, `Nark Directive Changes, and
Field Orders.
4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident.
K. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the
established procedure for their submission and forward with recommendations to ENGINEER, noting
particularly the relationship of the payment requested to the schedule of values, work completed and
materials and equipment delivered at the site but not incorporated in the work.
L. Certificates, Maintenance and Operation Manuals: Dtu'ing the course of the work, verify that
certificates, maintenance and operation manuals and other data required to be assembled and
furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the
Contract Documents, and have this material delivered to ENGINEER for review and forwarding to
OWNER prior to fmal payment for the Work.
M. Completion:
1. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and
prepare a final list of items to be completed or corrected.
2, Observe that all items on final list have been completed or corrected and make recommendations
to ENGINEER concerning acceptance.
PART 4 -- LIMITATIONS OF AUTHORITY
A. Resident Project Representative (RPR)
1. Shall not authorize any deviation from the Contract Documents or substitution of materials or
equipment, unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER'S authority as set forth in the Contract Documents.
3. Sha11 not undertake any of the responsibilities of CONTRACTOR, subcontractor or
CONTRACTOR'S superintendent.
m
4, Shall not advise on, issue directions relative to or assume control over any aspect of the means,
methods, techniques, sequences or procedures of construction unless such advice ar directions are
specifically required by the Contract Documents,
5. Shall not advise on, issue directions regarding or assume control aver safety precautions and
programs in coiuiection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR.
7. Shall not authorize OWNER to occupy the Project in whole ar in part.
8. Shall not participate in specialized freld or laboratory tests or inspections conducted by others
except as specifically authorized by ENGINEER.
iv
ADDENDUM NO. I.
To
AGREEMENT TO PROVIDE
ENGINEERING INSPECTION SERVICES
Owner: City of Columbia Heights Date of Issuance: February 5, 2006
637 38"' Avenue N.E.
Columbia Heights, MN 55421
Consultant: Bolton and Menk, Inc. Engineer: City Engineer
12224 Nicollet Avenue
Burnsville, MN 55337
You are directed to make the following changes in the Contract Documents:
Description: Change in original agreement cost to compensate for additional. work added to the
agreement by the City.
Purpose of Addendum: The agreement has been modified to include additional hours of engineering
inspection services due to the constructio~~~ schedule.
CHANGE IN AGREEMENT COST
Original Agreement Cost:
$ 52,560.00
Previous Addendums No. to No.
None
Agreement Cost Przor to this Addendum:
$ 52,560.00
Net Increase of this Addendum:
$ 27,411.50
Agreement Cost with all Approved Addendums:
$ 79,971.50
Recommended Approved
(~
By: ~ Cam;, ~ ~~.~~ ~,2. 1 S ~ BY:
City Engine Bolt and Menk, In .
Approve T?'y: `
_-,~,
Gary 1'etersori, Mayor
Approved Date of Council Action
,~ _ ~..
Walter Fehst, City Manager
ADDENDUM NO. 2
To
AGREEMENT TO PROVIDE
ENGINEERING INSPECTION SERVICES
Owner: City of Columbia Heights Date of Issuance: March 30, 2007
637 38"' Avenue N.E.
Columbia Heights, MN 55421
Consultant: Bolton and Menk, h7c. Engineer: City Engineer
12224 Nicollet Avenue
Burnsville, MN 55337
You are directed to make the following changes in the Contract Documents:
Description: Change in original agreement cost to compensate for additional work added to the
agreement by the City.
Purpose of Addendum: I'he agreement has been modified to include additional hours of engineering
inspection services due to the construction schedule.
CHANGE IN AGREEMENT COST
Original Agreement Cost:
$ 52,560.00
Previous Addendums No. to No.
~ 27,411.50
Agreement Cost Prior to this Addendum:
~ 79,971.50
Net Increase of this Addendum:
S 10,694.50
Agreement Cost with all Approved Addendums:
90,666.00
Recom d d Approved
By: I3y:
Cit I give Bolto and Menk, Inc.
Approved I3y: ~ rt,_...,~--" ~ppravcd 13y:
Cary Peterson, May~r Walter Fchst, City ~ pager >>
Date of Council Action
C~ ~ __
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.
CONSULTANT~BO~LTON & MENK INC.
___ 7- ZG- yse 6
Date
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Page 9 of 9
Ver. 03-OS-2004
~g~b
ADDENDUM NO. 2
To
AGREEMENT TO PROVIDE
ENGINEERING INSPECTION SERVICES
Owner: City of Columbia Heights Date of Issuance: March 30, 2007
637 38"' Avenue N.E.
Columbia Heights, MN 55421
Consultant: Bolton and Mcnk, ble. Engineer: City Engineer
12224 Nicollet Avenue
Burnsville, MN 55337
You are directed to make the following changes in the Contract Documents:
Description: Change in original aln'eement cost to compensate for additional work added to the
agreement by the City.
Purpose of Addendum: I'he agreement has been modified to include additional hours of engineering
inspection services due to the construction schedule.
CHANGE IN AGREEMENT COST
Original Agreement Cost:
$ 52,560.00
Previous Adclendiirns Nc,. - to No. _
$ 27,411.50
Agreement Cost Prior to this Addendum:
I $ 79,97i.5v
Net Increase of this Addendum:
$ 10,694.50
Agreement Cost with all Approved Addendums:
$ 90,666.00
Recomm d d Approved
I3
: By. ,
y
Cit gine Bolto and Menk, Inc.
Approved I3y: ~ .~ ° approved E3y: Date of Council ,~Oction
--- __._
~ti
Gary Peterson, May~r Walter Fchst, City nager
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