HomeMy WebLinkAboutContract 20632063
r.
~' :: Kimley-Horn
. i and A~~nriata~ Inr.
February 22, 2008
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 Landscape Architecture Design Services
University Avenue Service Road Reconstruction Project
Landscape Enhancements and Screening
Dear Mr. Hansen:
Kimley-Horn 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 landscape
architecture design services required for the service road area east of University Avenue. 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 the reconstruction of the
service road east of University Avenue, between 40`h and 45`}' Avenues. The 5-block length of
improvements includes widening of the roadway and installation of a new sidewalk, street lighting,
and storm sewer. As a part of this work, the City would like to include landscape improvements h1
the boulevard between northbound University Avenue and the reconstructed service road. In
addition, trees within the east boulevard of the service road will be considered based on direction
by City staff. We understand that the City has allocated approximately $125,000 for the
construction of landscape improvements for this project.
The area currently exists as an approximate 3:1 slope, primarily covered in turf grasses and
random massings of volunteer trees located near the top of the slope. The City currently and will
continue to maintain this area, but is looking to improve and reduce maintenance through
landscape improvements. These improvements may include re-vegetation of the disturbed areas
and the planting of perennials, shrubs and trees. The City has identified the purpose of the
landscape improvements to include:
^ Improving Corridor Aesthetics
^ Reducing Maintenance
^ Screening of University from the Adjacent Residential Uses
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. The City is preparing
these plans and the approximate schedule for bidding is late March into early April. Construction
will follow and be completed in 2008.
The City has requested that KHA provide landscape architecture design services for the proposed
improvements. As requested, we have identified. two separate tasks. Task 1 is for landscape
design to a preliminary level, which includes the delivery of design plans for City staff to use in
their preparation of construction documents. This task would also include the preparation of
illustrative plans for City use in presentations to the Council and public review meetings. Task 2
is for final landscape design services where Kimley-Horn would prepare the construction
documents instead of City staff. 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 and Presentation Graphics
Preliminary Design: KHA will prepare up to 2 alternative concept plans illustrating landscape
designs. Work will include the preparation of plans, up to 2 cross sections, and a preliminary
opinion of probable cost for each concept. Plans will be prepared using City-furnished Autocad
files. Concepts will be prepared considering City and Mn/DOT design requirements for
landscaping adjacent to public rights-of--way. 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.
Upon determination of a preferred alternative design, assistance will be provided to City staff in
their preparation of construction documents, which will include
• Red line mark-ups of concept plans with notations, plant call-outs and quantities
• Red line mark-ups of standard Mn/DOT landscape detail plan sheets
• Verbal assistance in City staff preparation of Special Provisions to the current MnlDOT or
City of Columbia Heights Standard Specification
• Review and red line mark-ups of City prepared landscape construction documents
Presentation Graphics: KIIA will prepare one (1) plan view and one (1}typical cross-section,
rendered plans for City staff's use in presentations at Council or public meetings. These plans will
be prepared in hard-copy format at approximately 24" x 36" sheet size, mounted on foam core
boards. The plans will also include photographs of proposed plantings anal a plant schedule.
Task 2 -Final Design, Construction Documents, and Bidding Assistance: (Should the City
decide to have KHA prepare final pla~~s iii lieu of staff, the following services will be provided.)
Final Design and Construction Documents: Final plans will be prepared by ICHA detailing the
proposed landscape improvements. We have assumed that the plans will include the following:
• Up to four (4)-30 scale plan sheets illustrating proposed turf re-vegetation, edging,
planting beds which may include perennials, ornamental grasses, shrubs, trees and
vines at the fencing.
• Up to two (2) landscape detail plan sheets and notes
• List of Estimated Quantities related to Landscape Work
• Plant Schedule
• Assuming the project is Unit Cost bid, provide bid units and quantities for Bid
Proposal Form
• Word document with final Special Provisions to the current Mn/DOT or City of
Columbia Heights Standard Specifications
Bidding Assistance:
• Assist in the bidding process by responding to contractor inquiries and participation
in the preparation of addenda, as requested by the City
• Assist in the bidding process by equating the landscape bids, as requested by the
City.
We have assumed that the final design and bidding phase of the project will include attendance at
up to two (2} meetings with City staff and/or Mn/DOT staff.
We have assumed that the final plans will be produced at an 11" x 17" size.
Additional 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:
• Additional concepts
• Additional meetings
• Additional graphics for meetings and other presentations
• Construction phase services.
Schedule
We will provide our services as quickly as possible to meet the currently understood schedule:
• Begin Work February 27, 2008
• Preliminary Design Complete March 12, 2008
• Presentation Graphics Complete Mid/End March, 2008
• 75% Plans Complete for Mn/DOT Review Mid March 2008
• Final Design and Construction Documents Complete End of March, 2008
Fee and Billing
KHA will provide the services described in the scope of services on a labor fee plus expense basis.
Labor fee will be billed according to our current 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:
Task Estimated Cost
Task 1 -Preliminary Design and Presentation Graphics $9,000
Task 2 -Final Design, Construction Documents, and Bidding Assistance: $7,000
Total Estimated Fees and Expenses $16,000
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-
Horn and Associates, Inc., and the term "the Client" shall refer to the City 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.
4
We appreciate the opportunity to provide continuing services to you and the City of Columbia
Heights. Please contact me if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Thomas R. Harrington, RLA
Project Manager
Attachment -Standard Provisions
Copy: File
Ta~~, 1 - Pre.~~ rri.n0.r~ ~esr~ i1 ~ C-rr a~s~h', CS
rd~
Agreed to this ~ day of m0.r~ , 2008.
CITY OF COLUMBIA HEIGHTS
Signature
/ (r---
Name
Title -~~___~
Date
KIMLEY-HORN 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
fr,r tha narfnrmanra of anv Arirtitinnal RPT'V1CPC an amrnmt ha.cerl nnnn the C'nmultant',c thP,n-current hourly rates nltts an
_.,. ...., r..._....._..---- ~- ----~ ------------ ---- --- --- --------- -----
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, GIS,
and graphics, etc., will be billed at $25.00 per hour.
(2) Client's Responsibilities. 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.
(h) 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 may 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 Consultant'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 Agreement is made in anticipation of
conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be
extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If 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 incurred.
Payment of each invoice will be due within 25 days of receipt. The Client shall also pay to the Consultant all transaction
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 days
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 the
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 arnounts due, its
reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall
include the cost, at the Consultant's normal hourly billing rates, of the tune 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 Consultant
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 and
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 or programs
stored 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 represented
to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on 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 the
Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and
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
containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client's sole risk.
In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents
r,ranara`l by tha ('nnc„tram tt-u> harrlrnnv shall anvPrn Only nrinterl r,nnies ~f dncuments cnnveved 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) Opinions 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. The
Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the
Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost 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 further services under this Agreement may be terminated by either party upon
seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party, 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 termination, the Consultant shall be paid for all services rendered and
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 out
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 the
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.
(] 0) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to both the Client and
the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and notwithstanding
any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the
aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or
to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out
of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not
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. Higher
limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be 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 limit
the remedies available to the Client, and nothing in this Section 10 shall require the Client to indemnify the Consultant.
(I1) Certifications. The Consultant shall not be required to execute certifications or third-party reliance letters that are
inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant
to violate applicable rules of professional responsibility.
rev 08/06 2
(12) Dispute Resoh-tion. All claims by the Client arising out of this Agreement or its breach shall be submitted first to
mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a
condition precedent to litigation. Any mediation or civil action 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 stat<ites.
(13) Hazardous Substances and Conditions.
(al Services related to determinations involvine 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 to
proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further
agreements as to the additional scope, fee, and terms for 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 shall
Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be
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 guarantees
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 are
not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the
contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify
the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the
Consultant shall be made additional insureds under the contractor's general liability insurance policy.
(15) 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 or
interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent
of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to
project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the
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. If,
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 Agreement
contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous
negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, 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 such
unenforceability without invalidating the remaining provisions. The non-enforcement of any provision 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 3
~;.~
AMENDMENT NUMBER ONE (1) TO THE AGREEMENT BETWEEN
THE CLIENT AND KIMLEY-HORN AND ASSOCIATES, INC.
Amendment Number 1 dated October 24, 2008 to the Agreement between the CITY OF
COLUMBIA HEIGHTS, ("Client") and KIMLEY-HORN AND ASSOCIATES, INC.,
("Consultant") dated February 22, 2008, ("the Agreement") concerning the Landscape Design
Services for the University Avenue Service Road Project, City Project 0602, SAP 113-010-014
(the "Project").
The Consultant has entered into the Agreement with Client for the furnishing of
professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional
Services to be performed by Consultant and provisions for additional compensation by the Client
to the Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions
of the Agreement not inconsistent with this Amendment, all of which are incorporated by
reference.
CLIENT:
CITY OF COLUMBIA HEIGHTS
rev 02/02
This is Exhibit A to Amendment Number 1, dated
October 24, 2008
Scope of Additional Services
Consultant shall perform the following Additional Services:
Task 1: Preliminary Design and Presentation Graphics
No additional services.
Task 2: Final Design, Construction Documents, and Bidding Assistance (Not Provided)
No additional services
Task 3: Construction Phase (Additional Services)
KHA will provide the following additional services as requested by City staff for the
construction observation related to the landscape improvements for the project..
• Attend one preconstruction meeting
• Coordinate with City staff and the landscape and seeding contractors
• Provide sketches and written documentation of field directed changes due to
unforeseen existing conditions, material changes, clarification, and other
issues that may arise.
• Respond to contractor and City staff inquiries
• Review contractor-staked plant material locations
• Review plants and other materials provided by the contractors
• Perform periodic in-progress reviews of landscape operations, as requested or
required
• Perform a final installation review. Prepare and issue a punch list document
that may include a plan mark-up and written comments.
• Perform a review to verify the punch list-required corrective actions were
completed
Schedule
Consultant and Client agree to the following general project schedule:
Task 1: Preliminary Design Task Completed
Task 2: Final Design, CDs and Bidding Task Completed
Task 3: Construction Phase September -
November 2008
rev OZ/02 2
Fee and Billing
For the Additional Services set forth above, Client shall pay Consultant the following additional
compensation:
KHA will provide the services described in this Amendment on a labor fee plus expense basis.
Labor fee will be billed according to our current standard 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.
Per City staff request, we will attempt to keep our total hours for these Additional Services to
within 20 hours. Should contractor issues, staff requests, schedule change, or other issues require
time beyond those identified above, we will notify staff to discuss a course of action.
The estimated costs to complete the work tasks identified in the original Agreement and the
Additional Services included in this Amendment are summarized below:
Original Total
Agreement Amend. #1 Project
Work Task Est. Cost Est. Cost Est. Cost
1. Preliminary Design $ 9,000 $ 0 $ 9,000
2. Final Design, CDs, and Bidding $ 0 $ 0 $ 0
3. Construction Phase Services $ 3 800 $ 3 800 $ 3 800
Total Estimated Fees and Expenses $ 12,800 $ 3,800 $ 12,800
The total estimated cost for the Additional Services included in this Amendment is, therefore,
$3,800.
rev 02/02
r; ~
AMENDMENT NUMBER TWO (2) TO THE AGREEMENT BETWEEN
THE CLIENT AND KIMLEY-HORN AND ASSOCIATES, INC.
Amendment Number 2 Dated October 7, 2008 to the Agreement between the CITY OF
COLUMBIA HEIGHTS, ("Client") and KIMLEY-HORN AND ASSOCIATES, INC.,
("Consultant") dated March 23, 2007 ("the Agreement") concerning the Intersection
Improvements at 50th Avenue and Central Avenue (TH 65), City Project 07-51 (the "Project").
The Consultant has entered into the Agreement with Client for the furnishing of
professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional
Services to be performed by Consultant and provisions for additional compensation by the Client
to the Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions
of the Agreement not inconsistent with this Amendment, all of which are incorporated by
reference.
CLIENT:
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Title: rC t'/l,~~C~~'1~
Date signed: f%~~'~
rev 02/02
This is Exhibit A to Amendment Number 2, dated
October ~, 2008
Scope of Additional Services
Consultant shall perform the following Additional Services:
Preliminary Design
No additional services.
2. Traffic Signal Analysis
No additional services
Final Design and Bidding
Additional services are documented in Amendment #1. This work has been completed
and no additional services are required in Amendment #2.
4. Construction Phase
KHA will provide the following additional services as requested by City staff for the
construction observation related to the signal modifications being completed at the
intersection SOt" Avenue and Central Avenue. Construction observation related to the
turn lane construction, signing and striping, and temporary traffic control is not
included in this work since this will be completed by City staff.
• Attend a preconstruction meeting (3 hours).
• Processing change order and field review required due to discrepancies
between the Mn/DOT provided as-builds and field conditions (5 hours).
• Signal related construction observation (18 hours).
• Review of signal related components of the pay application (2 hours).
• Update as-built plans and submit to Mn/DOT (6 hours).
Schedule
Consultant and Client agree to the following general project schedule:
Preliminary Design Complete Task Completed
Traffic Signal Analysis Complete Task Completed
Submit plans to Mn/DOT for Review Task Completed
Receive Comments from Mn/DOT Task Completed
City Council Approve Final Plans & Specs Task Completed
rev 03/02
Bid Opening Task Completed
City Council Award Contract Task Completed
Start Construction September 2008
Construction Complete November 2008
Fee and Billing
For the Additional Services set forth above, Client shall pay Consultant the following additional
compensation:
KHA will provide the services described in this Amendment on a labor fee plus expense basis.
Labor fee will be billed according to our current standard hourly rate schedule. Direct
reimbursable expenses such as duplicating/reproduction costs, plotting, mileage, delivery
charges, facsimiles, etc. will be charged as an office expense at 6.0% of the labor cost.
The estimated costs to complete the work tasks identified in the original Agreement and the
Additional Services included in this Amendment are summarized below:
Original Total
Agreement Amend. #1 Amend #2 Project
Work Task Est. Cost Est. Cost Est. Cost Est. Cost
1. Preliminary Design $ 8,000 $ 0 $ 0 $ 8,000
2. Traffic Signal Analysis $ 4,000 $ 0 $ 0 $ 4,000
3. Final Design and Bidding $ 20,000 $ 8,000 $ 0 $ 28,000
4. Construction Phase Services $ 0 $ 0 $ 4 200 $ 4 200
Total Estimated Fees and Expenses $ 32,000 $ 8,000 $ 4,200 $ 44,200
The total estimated cost for the Additional Services included in this Amendment is, therefore,
$4,200.
rev 0?/OZ