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HomeMy WebLinkAboutContract 20072007 KimleyHorn ~. antl Associates, Inc. March 23, 2007 ° Suite 345N 255D University Avenuo West St. Paul, Minnesota 55114 Mr. Kevin Hansen, P.E. Director of Public Works/City Engineer City of Columbia Heights 637 38`}` Avenue N.E. Columbia Heights, MN 55421 Re: Letter Agreement for Civil Engineering Services Intersection Improvements at 50t1i Avenue and Central Avenue (TH 65) Dear Mr. Hansen: Kimley-Hom and Associates, Inc. ("KHA" or "the Consultant"} is pleased to submit this letter agreement (the "Agreement") to the City of Columbia Heights ("the Client") for engineering services required for proposed tum lane improvements at the intersection of 50"' Avenue and Central Avenue (TH 65). Our project understanding, scope of services, schedule, and fee are detailed below. Project Understanding We understand that the City of Columbia Heights is currently proposing turn lane improvements at the intersection of 50t1' Avenue and Central Avenue (TH 65). The intersection improvements are being considered in conjunction with the proposed construction of a municipal liquor store on the southwest corner of the intersection. The proposed intersection improvements include the construction of a r°ight turn lane along eastbound 50`~ Avenue, and signal modifications as necessary to provide far the tum lane construction. Central Avenue (TII 65) is under the jurisdiction of the Minnesota Department of Transportation (Mn/DOT) requiring that any improvements at the intersection be reviewed and approved by 1VIn/DOT prior to construction. In addition, the City is considering the use of NSn/DOT State Aid funds to pay for all or a portion of the project costs requiring State Aid review and approval. It is our understanding that the City is considering the preparation of plans and specifications to allow the work to be advertised and bid through the public bidding process. It is possible that the plans and specifications could be included as a part of another City project for bidding and construction. The improvements are proposed to be completed in 2007 in coordination with the construction of the municipal liquor store. TES 651 fi45 4';97 FAX 551 645 5116 Kimley-Horn and Associates, Inc. The City has requested that K_tIA provide preliminary and final design services for the proposed intersection improvements. Our proposed Scope of Services, estimated costs, and schedule are detailed below. Scope of Services The following is a summary of the specific tasks to be completed as part of this Agreement. Task 1 -- Preliminary Design KI-IA will prepare a preliminary layout detailing the proposed construction of the right turn lane for eastbound SO"' Avenue at the Central Avenue (TH 6S) intersection. The layout will determine/verify the required modifications to the existing traffic signal at the intersection. We have assumed that the preliminary design task will include attendance at up to two {2) meetings with City staff and/or Mn/DOT staff to review the proposed improvements. We have assumed that a topographic survey and detailed base map of the project area will be provided by the City as a part of the municipal liquor store project. No additional topographic survey services are included as a part of this Scope of Services. Task 2 -`t'raffic Signal Analysis Possible modifications to the existing traffic signal at the 50"' Avenue and Central Avenue (Tl-1 65) intersection may include the following: • Relocation of the existing signal mast arm on the southwest corner oi' the intersection. • Relocation ofthe signal pedestal in the Central Avenue center median. • Rewiring of several signal approaches. • Revised detection on the west approach to the intersection. • Addition of a signal head and/or modification of existing signal heads on the signal mast arm on the southeast comer of the intersection. Kl lA will prepare a Signal Justification Letter (SJL) or a Signal Justification Report {SJR) for the required signal modifications at the intersection. Traffic counts will be performed as necessary for the SJL or SJR. The SJL or SJR will be provided to Mn/DOT State Aid for review and approval. We have assumed that the traffic signal analysis will include attendance at up to two (2) meetings with City staff and/or Mn/DOT staff to review the proposed signal modifications. Kimley-Horn ___ and Associates, Inc. Task 3 -Final Design and Bidding KIIA will provide final design and bidding phase services for the proposed tum lane improvements as follows: A. Final plans will be prepared detailing the proposed improvements. We have assumed that the plans will include the follo~*rirg: • State Aid Title Sheet • Statement of Estimated Quantities • Construction Details & Notes • Existing Conditions, Removals, and Erasion Control Plan • 'T'raffic ControUStaging Plans • Roadway and Storm Sewer Improvements Plan • Traffic Signal Modification Plans B. A project manual will be prepared to include bidding documents, general contxact conditions, and technical specifications required for the bidding of the work. C. Upon the completion of the final plans and project manual, we will prepare an engineer's estimate of probable construction cast for the proposed improvements. D. We will submit the plans to Mn/DOT State Aid for review and approval anal will complete plan revisions as necessary to address State Aid comments. E. We will assist in the bidding process for the project including the reproduction and distribution of the plans and project manual. We will also assist in the bidding process including responses to contractor questions and the preparation of any necessary addenda. F. We will assist in the bid opening, prepare a bid tabulation, and provide a letter summarizing the bids for the project. We have assumed that the final design and bidding phase of the project will include attendance at up to three (3) meetings with City staff and/or Mn/DOT staff We have assumed that the final plans will be produced at a 11" x 17" size. We have assumed that the City will provide geoteehnical exploration information/pavement design recommendations for the construction of the tum lane. Additlonal Services Any services not specifically provided for in the above scope, as well as any changes in the scope the Client requests, will be considered additional services and will be performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: Kimley-Horn and Associates, Inc, • Traffic impact study services. • Topographic surveying services. We have assumed that detailed topographic information for the project site will be provided by the City to allow for the completion of the plans. • Preparation of legal descriptions or exhibits for any right-of--way/easement acquisition. • Construction phase services. Information Provided By Client The following information shall be provided by the Client. We shall be entitled to rely on the completeness and accuracy of all information provided by the Client. • An electronic (AutoCAD) topographic survey of the project site. • Geotechnical exploration information and design recommendations. Schedule We will provide our services as expeditiously as practicable to meet the following mutually agreed upon schedule. • Begin Work Apri12, 2007 • Preliminary Design Complete May 4, 2007 • Traffic Signal Analysis Complete May 4, 2007 • Final Plans Complete for Submittal to Mn/IDOT State Aid June 1, 2007 • City Council Approve Plans & Specifications• June 11, 2007 • Bid Opening July 13, 2007 • City Council Award Contract July 23, 2007 • Construction Start August. 6, 2007 • Construction Complete October 12, 2007 I+'ee and Billing KIIA will provide the services described in the scope of services on a labor fee plus expense basis. Labor fee will be billed according to the attached hourly rate schedule. An amount will be added to each invoice to cover certain other expenses such as in-house duplicating, local mileage, postage, and delivery charges. The total estimated fees and expenses for the work tasks included in this Agreement are as follows: Taslc _ Estimated Cost Task 1 --Preliminary Design $ 8,000 Taslc 2 -Traffic Signal Analysis $ 4,000 Task 3 =Final Design. and Bidding $_20,000 Total Estimated Fees and Expenses $ 32,000 4 Kimley-Horn __ and Associates, inc. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of the date of the invoice. In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Hom and Associates, Inc., and the term "the Client" shall refer to the Ci#y of Columbia Heights. if you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIML,EY-MORN AND ASSOCIATES, INC. By: Jon B. Horn, P.E. Project Manager Attachment -Standard Provisions Copy: File Agreed to this day of __ _, 200'7. CITY OF COLLJIVIE3IA I-LEIGHTS Signature ~nta. E f ~w fem. > ~ ~..~. s'~.. Name L ~ ~ Title Dat._. ~ ~ iCi1VILEY-IIORI\T AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services ("Additional Services"), and such Additional Services shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's then-current hourly rates plus an amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, postage, and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design, analysis, Gl~, and graphics, etc., will be billed at $25.00 per hour. (2) Client's Responsibilifies. In addition to other responsibilities described herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development, design, or construction. (c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant zraay rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request in furtherance of the project development. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope and timing of the C,onsultant's services or any defect or noncompliance in any aspect of the project. (i} Bear all costs incident to the responsibilities of the Client. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed copy of this Agreement and will complete the services in a reasonable time. This Af,~reement is made in anticipation t>f conditions permitting continuous and orderly progress through completion of the services. "Times for performance shall lrc extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. Tf such delay or suspension extends for more than six months (cumulatively), Consultant's compensation shall be renegotiated. (4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted periodically, via regular mail or email, for services performed and expenses incun a i. Payment cf each invoice v~ill be due ~:~ithin 25 days of receipt. The Client shall also pay to tie Consultant al}_ tiansacti<rn taxes, if any, whether state, local, or federal, levied with respect to amounts paid hereunder, including but not limited to sales tax. The Consultant shall be compensated in U.S. dollars. Interest will be added to accounts not paid within 25 da~!s at the maximum rate allowed by law. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to t}re Client, suspend services under this Agreement until all amounts due are paid in full. (b) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. (c) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses she}1 include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (d) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consulta~,t may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt ar_d without prejudicing any right of the Consultant to collect additional amounts from the Client. (5} Use of Documents, All documents, including but not limited to drawings, specifications, reports, and data ar pragr~u:7s stared electronically, prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represent~~a to be suitable for use, partial use or reuse by the Client or others on extensions of this project or an any other project. Any rev 08/06 modifications made by the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to tl:c Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses anti expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the Consultant to :further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files not r,~ntainins~ an electronic seal are provided only for the convenience of the Client, and use of them is at die Client's sole risi<. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data stored in electronic media format can deteriorate or be modified without the Consultant's authorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data. (6) Oginions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. Thy, Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If tlc Client wishes greater assurance as to the amount of any cost, it shall employ an independent cast estimator. Consultant s services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide fiirther services under this Agreement maybe 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 khrough no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. If any material change occurs in the ownership of the Client, the Consultant shall have the right to immediately terminate this Agreement. In the event of any ternnation, the Consultant shall be paid for all services rendered anal expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the; Consultant, to the total amount of services which were to have been performed. (8) Insurance. The Consultant carries Workers' Compensation insurance, professional liability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will take: o ~t such additional insurance, if obtainable, at the Client's expense. (9) Standard of Care. In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time tl;e services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (l0) LIlV1I'I'AT10N OF 1.,IASIhITY. In recognition of the relative risks and benefits of the I'rolect to both the Client ar,d khe Consultant, dae risks have been allocated such that the Client agrees, to the fullest extent of the lavr, and natv~rithstanding any other provisions of khis Agreement or the existence of applicable insurance coverage, that the total liability, m ti:c aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client ~u- to anyone claiming by, through or under the Client, for any and all claims, losses, casts or damages whatsoever arising oat of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but n~.~t limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. High:;r limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant he liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. This Section 10 is intended solely to lin-:it the remedies available to the Client, and nothing in this Section 10 shall require the Client to indemnify the Consultant. (11) Certifications. The Consultant shall not be required to execute certifications or third-party reliance letters that arc; inaccurate, that relate to facts of which the Consultant does not have actual lrnowledge, or that would cause the Consulta to violate applicable rules of professional responsibility. rev 08/06 2 (12) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach ti'ba11 be subnvtted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. Any mediarion or civil acrion by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (13) Hazardous Substances and Conditions. (a) Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services. In any event, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is tv nroceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into furUler agreements as to the additional scope, fee, and terms fvr such services. (14) Construction Phase Services. (a} if the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shi=.11 Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will l c for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantee the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that arc not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that die contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemni~v the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and. die Consultant shall be made additional insureds under the contractor's general liability insurance policy. (IS) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. 'The Client shall not assign or transfer any rights under c,r interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written conse~~t of the Consultant. The Consultant reserves the right to augment its staff Wzt'r subconsultar~ts as rt deems appropriate dnc t;s project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain tl:c agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (16) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. lf, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (17) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Minnesota. This Agrecmc!7t contains the entire and fully integrated al~eement between the parties and supersedes all prior and contcmporaneoris negotiations, representations, agreements ar understandings, whether written or oral.. Except as provided in Section l; this Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of suc:I~ unenforceability without invalidating the remaining provisions. The non-enforcement of any prevision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. rev 08/06 ~ f"ity of C'alumbia Heights - -~ - .., Kimley-Horn and Associates, Inc. Standard Schedule of Rates Effective July 1, 2006 -December 31, 2007 Classification Rate Administrative Assistant $ 75.00 CARD Technician $ 77.50 Clerical $ 60.00 Client Manager $170.00 Drafter $ 57.50 Field Technician $ 90.00 Graduate Eng./Planner 1 $ 90.00 Graduate Eng./Planner II $100.00 Principal $190.00 Project EngineerlPlanner $107.50 Project Manager $127.50 Senior Administrative Assistant $ 92.50 Senior CADD Technician $ 87.50 Senior Designer $107.50 Senior Field Technician $115.00 Senior Project Manager $142.50 Reimbursable expenses (copy/printing charges, plotting, mileage, delivery charges, faxes, etc. j will be charged as an office expense at 6.0% of the labor fee. Any subconsultant charges will be excluded from the office expense and will be passed directly to the City with no Kimley-Horn. markup. Additional rates maybe negotiated at a later date for classifications or services not included above.