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HomeMy WebLinkAboutContract 1774STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR STUDY AND REPORT PHASE PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published dointly By ACEC AM£RICAN COUNCIL OF ~:NGINEF. RING CO?.IPANIE5 National Society of Professional Engineers Professional Engineers in Private Practice ~SCE American Society of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE ,4 Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEER~G COMPANIES AMERICAN SOCIETY OF CIVIL ENGI2NEERS EJCDC No. 1910-19 (1996 Edition) Copyright © 1996 National Society of Pro£essional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4344 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR STUDY AND REPORT PHASE PROFESSIONAIJ SERVICES This is an Agreement effective as of March 8, 2004, (Effective Date") between the City of Columbia Heights, ("OWNER") and Short Elliott Hendrickson, Inc. ("ENGINEER"). OWNER retains ENGINEER to perform professional services, in connection with the Industrial Parkway and Infrastructure Feasibility Report("Assigrn'nent"). OWNER and ENGINEER, in consideration of their mutual covenants as set forth herein, agree as follows: ARTICLE 1-ENGINEER'S SERVICES 1.01 Scope A. ENGINEER shall provide the services set forth in Exhibit SR-A. B. Upon this Agreement becoming effective, ENGINEER i s authorized t o begin services as set forth in Exhibit SR-A. C. If authorized in writing by OWNER, and agreed to by ENGINEER, services beyond the scope of this Agreement will be performed by ENGINEER for additional compensation. ARTICLE 2--OWNER'S RESPONSIBILITIES 2.01 General A. OWNER s hall h ave t he responsibilities set forth herein and in Exhibit SR-A. ARTICLE 3-TIMES FOR RENDERING SERVICES 3.01 ENGINEER's services will be performed within the t/me period or by the date stated in Exhibit SR-A. 3.02 If ENGINEER's services are delayed or suspended in whole or in part by OWNER, ENGINEER shall be entitled to equitable adjustment of the time for performance and rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs inctm-ed by ENGINEER in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. ARTICLE 4-PAYMENTS TO ENGINEER 4.01 Methods of Payment for Services of ENGINEER. A. OWNER shall pay ENGINEER for services rendered under th/s Agreement as follows: 1. An amount equal to the cumulative hours charged to the Assignment by each class of ENGINEER's employees times Standard Hourly Rates for each applicable billing class for all services performed on the Assignment, plus Reimbursable Expenses, estimated to be $55,600.00 . The total compensation under paragraph 4.01 .A. 1 to complete the study in accordance w/th the scope of services at an hourly not-to-exceed fee of $55,600.00. 2. ENGINEER's Reimbursable Expenses Schedule and Standard Hourly Rate Schedule are attached to this Agreement as Exhibits SR-C and SR-D, respectively. 3. The mounts billed for ENGINEER's services w/il be based on the cumulative hours charged to the Assignment during the billing period by each class of ENGINEER's employees times Standard Hourly Rates for each apphcable billing class, plus Reimbursable Expenses and ENGINEER's Consultants' charges, if any, incurred during the billing period. 4.02 Other Provisions Concerning Payment A. Estimated Compensation Amounts. becomes apparent to ENGINEER that a compensation amount thus estimated will be exceeded, ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the matter of services remaining to be performed and compensation for such services. OWNER shall either agree to such compensation exceeding s aid est/mated amount or OWNER and ENGINEER shall agree to a reduction in the remaining services to be rendered by ENGINEER, so that total compensation for such services will not exceed said estimated amount when such services are completed. B. Adjustments 1. ENGiNEER's compensation is conditioned on t/me to complete the Assignment not exceeding the time identified in Exhibit SR-A. Should the time to complete the Assignment be extended beyond this period due to reasons not the fault of and beyond the control of ENGINEER, the total compensation to ENGINEER shall be appropriately adjusted. 2. If used, the Standard Hourly Rates Schedule, Reimbursable Expenses Schedule, Direct Labor Costs and the Factor applied to D/rect Labor Costs will be adjusted annually (as of ) to reflect equitable changes to the compensation payable to ENGINEER. C. Reimbursable Expenses. Reimbursable Expenses means the actual expenses incurred by ENGINEER or ENGINEER's Consultants directly in connection with the Assignment, including the categories and items listed in Exhibit SR-C, and if authorized in advance by OWNER, overtime work requiting higher than regular rates. D. For Additional Services. OWNER shall pay ENGINEER for all sendces not included in the scope of this Agreement on the basis agreed to in writing by the parties at the time such services are author/zed by OWNER. 1. ENGINEER's estimate of the ammmts that will become payable are only estimates for planning purposes, are not binding on the parties, and are not the m/nimum or maximum amounts payable to ENGINEER under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently ARTICLE 5-DESIGNATED REPRESENTATIVE 5.01 Contemporaneous with the execution of this Agreement, ENGINEER and OWNER shall each designate specific individuals as ENGINEER's and OWNER's representatives with respect to the services to be performed or furnished by ENGINEER and responsibilities of OWNER under th/s Agreement. Such individuals shah have authority to transmit instructions, receive information, and render decisions relative to the Assignment on behalf of their respective party. ARTICLE 6--CONTENT OF AGREEMENT 6.02 Total Agreemeni A. This Agreemem (consisting of pages 1 to 4, inclusive, together with the Exhibits identified in paragraph 6.01) constitutes the entire agreement between OWNER and ENGINEER and supersedes all pr/or mitten or oral understandings. Ths Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 6.01 The following Extfibits are incorporated herein by reference: A. Exhibit SR-B, "SEH Proposal dated February 12th, 2004, rifled Columbia Heights Parkway Feasibility Study" consisting of 5 pages, including Appendices. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Date Signed: Address for giving notices: Columbia Heights City Hall 590 40~ Ave. N.E. Columbia Heights, MN 55421 ENGINEER: Address for giving notices: Short Elliot Hendrickson 3535 Vadnais Center Drive St. Paul, MN 55110-5196 Designated Representative (Paragraph 5.01): Name: Kevin Hansen, P.E. Title: Director of Public Works Phone Number: 763/706-3705 Facsimile Number: 763/706-3701 E-Mail Address: kevin.hansen@ci.columbia-heights.nm.us Designated Representative (Paragraph 5.01): Name: Susan Mason, P.E. Title: Principal/Project Manager Phone Number: 651/490-2018 Facsimile Number: 651/490-2150 E-Mail Address: smasonCb,,sehinc.com EXHIBIT F~asibility Report - Columbia Heights Parkway Deliverables_.__. Preliminary Street and Utility Design, Landscaping Concepts, Soils Memo, Traffic Study, Feasiblity Report, Exhibits, Meetinq Minutes S~ientistJ ' Word Task Project Project Speclaffty Project Advisor Manager Englnetr Eng.fLS Arch Lead Processor/Tec Assemble and review record plans, plats, 1/2 sections, base maps · I 2 8 Coordinate pond information with BRA I 4 Attend kick off meeting with City staff 3 3 3 3 Contact private utilities Take project pictures 2 0.,', 3. Prepare soils memo and recommendations Coordinate soil boring locations and testing Evaluate soit boring ih;om~ation 4 Prepare recommendations 2 6 C. Roadway Design 1 2 E Develop preJiminary alignments. 32 Develop preliminary typical sections 2 Review concepts for intersection designs 3 2 16 Review options/fees for service road 2 2 Develop streetscape scenarios 1 8 Meet with staff to discuss concepts 3 3 3 Refine preferred altemata for report 4 16 D. Utility Capacity and condition review Discuss sanitary and water needs with staff 2 2 Review service connection/disconnection needs 2 Evaluate sanitary sewer existing and future capacity 16 Model update of.2003 water demand and future water demand Prepare Recommendations 10 Prepare'exhibits for report 2 E. Drainage Design 2 2 ' . Evaluate existing storm sewer system capacity 8 Refine drainage areas from pond ~tudy to match street profiles 2 Develop preliminary design of storm sewer system 1 Refine pond design for aesthetics and buffers 2 F. Traffic Study Determine peak hour turning movements ( assume 6 intersections) 8 48 Analyze existing and proposed LOS Forecast 20 year traffic volumes 3 12 Tdp generation and distribution of redevelopment 4 4 .Determine projects impacts and system defiencies I 2 4 G. Prepare Feasibility Report Write Report ' 2 1 ~' 8 16 4 Prepare Drawin~'s ('1 lx17 color on aerial mapping) 2,1 Cost Estimates 4 16 . Preliminary Assessment Roll H. Review Funding Scenarios 2 8 Meet to brainstorm Assist with .financing plan F. Council Meeting Attendance Council and Council Workshop 4 13 50. 38 17C 72 102.5 Project labor cost this phase $37,208 '"~ i. :::. Expenses. Mileage 74 Reproductions 218 Soil Borings 2,400 Total proiect cost this t~ $39.900 Unioue comoonents or assurllptiol3s; Ass[~med 10 ~oil bodngs, with two for ponding area. R-value test. Sewer and Water field testing optional cost. Assumed storm record plan information complete. City to verify sanitary inverts Optional Tasks - Columbia Heights Parkway Task Project Project Scientist/ t ' Word Advisor Manager Lead Staff Prnces~or/Tec Survey Crew " ............ Technician Technician A..__Project Area Survey : ~ Tope of critical locations, street tie down, structures and drainage~ ~---"~ ~ ~ ~ Ground control for _mapping L __ 32 Total hours ~0 ~1 ~4 ~ ~0 ' 40 Project labor cost this phase· $7,360 Expenses, subconsultants Survey Expenses 1,240 Aerial Mai~ping 8,90~ ~'otal pro. fect cost this phase $17,50.0 U~ique components or assumptions; Project area from 40th Avenue. NE to 37th Avenue NE and TH47 to ;Jackson Street, 1"=50', 1 foot contour intervals Scientist/ Word Task , Project Project Lead .. , Advisor Manager . / Technician ~ Survey Crew ' Techmcinn r_.. B_.- Right of Way Plat____.~( adjacent to RR property) Gather information Prepare plat .... Coordinate with City 32 4 4 ' Total hours ~ ~C ~0 0 0 !Prelect labor cost tfiis phase $4,220 Expenses ' -Mileage 50 ' - .Reproductions 30 Total_proiect cost this ehn.~_e $4.300 UJ![q ue components or assumptions; Ownership arid Encumberance information by others. Task Project Proj.ct Scientist/ Word Advisor Manager Lead Staff - ..... Technician Technician Processorfl'et' Survey Crew 3. Right of Way Plan _ . Identify parcel information ~ ~1 8 Coordinate and prep____are plan sheets ~ ~ ~ -- 3--'"'~ Identify r/ght of way needs 2 ----'~ · Prepare cost estimate and ID information spreadsheet -- 8 0.5 Coordinate submittal to Mn/DOT ~ __.___.~2 ~ ~ 0.5 Total hours 70~ 0 ~~ 32 1 0 Project labor cost this phase $5,623 Expen_ses _Mileage 50 . -Reproductions 127 T-Dtalg~o. iect cost this phasp ~5 800 ~ components or assumot OaS; EXHIBIT 'C' SEH Schedule of Expenses Vehicle Mileage Rates All Vehicles $0.375/mile Vehicle Allowance Costs Resident Project Representative Survey Van $10.00/day $4.50/hour + $0.375/mile Computer Equipment Computer Charges per Direct Hour of Labor Engineering Computers Compaq AutoCAD Computers Word Processing Computers Total Station with AutoLock Total Station without AutoLock Global Positioning System (GPS) $3.00/hour $12.00/hour $20.00/hour $7.50/hour $20.00/hour $10.00/hour $25.00/hour Other eXpenses for additional items may be required by the Owner t0~: fulfill the terms of a specific authorization Traffic Counter Video Camera Boat Rental ATV Rental Snowmobile Rental Wastewater Sampler $25.00/unit/count $4.00/hour plus tape $50.00/day $100.00/day $50.00/day $340.00/week Evaluation Equipment Gas Meter Tooke Gauge (Paint Identification) UT Gauge (Metal Thickness) Elcometer (Adhesion Strength) Dry Film Thickness Gauge Nuclear Density Tester Flow Meters $20.00/day* $20.00/day* $20.00/day* $20.00/day* $12.00/day* $200.00/week $75.00/week Safety Equipment Includes: Tripod/Retriever System; Belts; Lanyards $30.00/day* * On projects extending one (1) week or longer, this cost represents weekly rates. Effective: January 1, 2004 Expires: December 31, 2004 Short Elliott Hendrickson Inc. Schedule of Expenses, cont. Identifiable Reproduction and Reprographic Costs Item 81Axll llx17 Large Per Item Format Photocopy .08 .14 Color Copy (24 & less copies per original) 1-25 1.50 Color Copy (25 ~ 49 copies per original) 1-00(2) 1-25(2) .... Transparency- black/white .75 ...... Transparency- color 2.00 ...... Blacklkne .... 1.05 -- 'Mylar .... 5.00 -- Vellum .... 2.00 -- Scanning (per sq. ft.) .40 Creating a CD .... 20.00 -- Lamination Unmounted 2.00 3.50 50.00 -- Lamination Mounted (24'x36" & smaller) 40.00 Lamination Mounted (larger than 24"x36") 75.00 Collating/Binding/Cover 4.00 3-Ring Binders/Graphics Size: 1, 2" 3" .4" 3-Ring Binders/Graphics Cost: 3.92 5.11 8.85 19.91 · Tabs (per tab) .20 Machine Folding. .02 Mailing/Processing 5.00 Includes operator t/me. Further color copy price breaks apply to quantifies over 49 copies per original. Prices are subject to change on a quarterly basis and may not be accompanied by irmnediate notification. Effective: Expires: January 1, 2004 December 31, 2004 r:Aadmin~ag~e~ masters,schedule\expenses 2004.doc Short Elliott Hendrickson Inc. EXHIBIT 'D' Appendix, cont. Schedule of Rates Classification Project Manager Project Engineer/Architect/Planner/Scientist Staff Engineer/Architect/Planner/Scientist Lead Technician Senior Technician Technician Administrative Technician Project Specialist o) Billable Rate $120.00 $110.00 $95.oo $85.00 $80.00 $70.00 $63.00 $70.00 - $170.00 Expenses Mileage Reproductions $0.375 See attached Schedule of Expenses ¢) The actual rate charged for "project specialist" is dependent upon the hourly rate of the employee assigned to the project. The rates shown are submit to change. Effective: January 1, 2004 Expires: December 31, 2004 Proposed Billing Classifications Key Staff Sue Mason, PE Dave Simons, PE Doug Klamerus, PE Chris Behringer, ASLA George Calebaugh, PE Billing Classification Project Advisor Project Manager Project Engineer Project Engineer Landscape Arckitect Traffic Engineer' Hourly Rate N/A $120.00 $120.00 $110.00 $85.00 $110.00 Short Elliott Hendrickson Inc.