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HomeMy WebLinkAboutContract 2306 OkiftW PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND SRF CONSULTING GROUP, INC. THIS AGREEMENT made and entered into by and between, City of Columbia Heights, having an office at637-38` Avenue N.E, Columbia Heights, Minnesota 55471 hereinafter referred to as the "Client," and SRF Consulting Group, Inc. having an office at Suite 150, One Carlson Parkway North, Plymouth, Minnesota 55447, hereinafter referred to as "SRF". VV|TNLSSE|H: WHEREAS, the Client requires professional services in connection vvith the Columbia Heights Pedestrian Bridge, hereinafter referred to as the "Project", and WHEREAS, SRF can provide professional services needed in such a Project. N[)VV, THEREFORE in consideration of the mutual covenants and considerations hereinafter contained, it is agreed by and between the Client and SRE as follows: 1. SCOPE OF S[RVICES The services to be performed by SRF are described in Exhibit ^ A^ attached hereto and made a part of this Agreement. 2. CLIENT'S RESPONSIBILITIES Provide full information as to its requirements for the Project. Place at SRF's disposal all information in the possession of or readily available that is pertinent to the Project. Examine all studies, figures and other documents presented by SRF and promptly render its decision pertaining thereto, Designate a single person to act as Client's representative with respect to SRF services to be performed under this Agreement. Such person shall have complete authority to aie c"r"/c"/vx�/"x"u»o�nrmom transmit instructions receive information, and interpret and define the Client's policies and decisions with respect to SRF's services, 3. RATE OE COMPENJSATION Compensation to SRF for services provided will be on an hourly basis and will not exceed $800.00 in total ncluding reimbursable expenses. For any "Additional Services" beyond the services described in Exhibit "A", ordered by the Client and performed by SRF, the Client will pay SRF in accordance with the rates listed in the attached Exhibit "A". An amendment to this Agreement covering the Additional Services will be executed by both parties prior to payment of any fee over and above the amount listed in Exhihit "A' Invoices will be submitted on a monthly basis for work performed, Invoice payment terms are net 30 days. 4. GENERAL CONSIDERATIONS SRF will perform the Project in a timely manner, but it is hereby agreed that neither party will be held responsible for delay or failure to perform when such delay or failure is due to a "force majeure event". All Services and goods provided by SRF pursuant to this Agreement rnust he in accordance with the following: a. The required standard of care. b. Applicahie state and federal standards, specifications, policies and practices. c. Applicable federal, state, and local laws, ordinances, rules and regulations. [e/ms of this Agreement may be changed by mutual agreement of the Client and SRF. Such changes shall be approved by both parties and incorporated in written arnendrnents to this Agreement. 5. INDEPENDENT CONTRACTOR SRF is an Independent Contractor. Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint venturers with the Client. No tenure or any rights or benefits, including workers' compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, or other benefits available to the Client ernployees, shall accrue to SRF or ernployees of SRF perforrning services under this Agreement. mo� («"/u.^.")1,t^x,0.uSurwoo/ 2 SRF shall comply with Federal, State and local laws, together with ordinances and regulations applicable to the work. 6. RECORDS SRF will maintain accounting records in accordance with generally accepted accounting principles and practices. Such records with respect to the Project will be available for examination by the Client during SRF's normal business hours for a period of six years after SRF's final invoice 10 Client. 7. STANDARD 0FCARE In the performance of its professional services, SRF will use that degree of care, knowledge and skill ordinarily exercised by other reputable professionals in the field under like circumstances within the State of Minnesota. SRF will perform its duties as expeditiously as is consistent with professional care and skill and the orderly progress of the Project. O. TERMINATION OF THE AGREEEMENT Either party may terminate this Agreement (or any part thereof), at any time, upon written notice to the other party, effective upon delivery (including delivery by facsimile or electronic mail). In such event, SRF will be entitled to compensation for work performed up to the date of termination based upon the payment terms of this Agreement. Such payment will not xceed the maximum amount provided for by the terms of this Agreement. AUTHORIZED AGENTS SRF's Agent Client's Agent Name: Barry Warner Kevin Hansen Address: One Carls � onPkwy 637 Ave. NE Suite 150 Minneapolis, MN 55447 Columbia Heights, MN 55421 Phone: 763'475'0010 763'706-3705 FAX: 763'475'2429 The Client and SRF's Authorized Agent shall have authority to accept service of termination agreements and execute amendments to this Contract for additional services for their represented parties. 9. CONTROLLING LAW The Law of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. If any provision of the Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be 4Tected. 10. OWNERSHIP OF INSTRUMENTS OF SERVICE All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by SRF, as instruments of service shall remain the property of the SRF. Such documents are not intended or represented to be suitable for reuse by the Client or others on extensions or modifications of the Project or on any other project. Any such reuse vtithout written verification or adaptation by SRF for the specific purpose intended will be at the user's sole risk and without liability or legal exposure to SRF. 11. INDEMNIFICATION To the fullest extent permitted by law, SRF agrees to indernnify and hold harmless the Client, its officers, directors and employees against all damages, liabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused by SRF's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom SRF is legally liable. To the fullest extent permitted by law, the Client agrees to indemnify and hold harmless SRF, its officers, directors and employees against all damages liabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused by the Client's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Client is egally iable, 12. INSURANCE SRF will provide a certificate of insurance to the Client no later than 30 days after executing this Agreement and prior to commencing any work hereunder. Insurance certificates must show all insurance coverage as required by this Agreement to the satisfaction of the Client. SRF will maintain completed operations insurance in full force and effect throughout the terrn of this Agreernent. A. Workers' Compensation Insurance: SRF will provide Worker's Compensation insurance for all its employees and in case any work is subcontracted, SRF will require subcontractors to provide Worker's Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including coverage B, Employer's Liability. B. Commercial General Liability: SRF will maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under this Agreement whether the operations are by SRF or by a subcontractor or by anyone directly or indirectly employed by SRF pursuant to this Agreement. $1 per occurrence $2,OO0000.0O— annual aggregate $2,OOD,OOOOO — annual aggregate-Products/Completed Operations The foflowing coverage must be included: Premises and Operations Bodily lnjury and Property Damage Personal and Advertising njury Blanket Contractual Liability Products and Completed Operations Liability Client named as an Additional lnsured C. Commercial Automobile Liability: SRF is required to maintain insurance protecting the Client from claims for darnages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired, and non-owned autos which may arise from operations under this Agreement, and in case any work is subcontracted, SRF will require the subcontractor to provide Commercial Automobile Liability. $1,000'000.00 — per occurrence Combined Single limit for Bodily Injury and Property Damage In addition, the following coverage should be included: Owned, Hired, and Non-owned Automobile Client named as Additional lnsured. D. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability Insurance: This policy will provide coverage for all claims SRF may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to IlcighN SRI- 6913.01 professional services performed by SRF under the Agreement. SRF is required to carry the foflowing minimum amounts: $2.00O claim $2,000,000.00 — annual aggregate SRF shall furnish the Client with satisfactory evidence of policies of insurance, which shall include an agreement by the irisurer not to cancel, materially modify, or revise the said policy without thirty (30) days prior written notice to the Client. 13. SUBCONTRACTING AND ASSIGNMENT SRF shall not enter into any subcontract for performance of any services contemplated under this Agreement, nor assign any interest in this Agreement without the prior written approval of the Client 14. DISCRIMINATION During the performance of its responsibilities under this Agreement including procurements of materials and leases of equipment, SRF agrees to the following: 1) No person shall, on the ground of race, color, religion, age, sex, disability, marital status, public assistance status, affectional preference, familial status, ancestry, creed, or national origin he excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicahle Federal and State aws against discrirnination. 2) No person will in any manner discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause of this section on being hired, prevent or conspire to prevent, the person or persons frorn the performance of work under any Agreement on account of race, creed or color. 15. EQUAL EMPLOYMENT OPPORTUNITY SRF hereto agrees to comply with the provisions of Executive Order No, 11246 (in revised order) entitled "Equal Employment Opportunity' as supplemented in the Department of Labor Regulations (41 CFR, Part 60} and as amended by Executive Order 11375 and all other applicable state and federal regulations. SRF also agrees to comply with all affirmative action or equal employment opportunity requirements imposed upon SRF or Client by any other federal or state law, rule or regulation. SRF further agrees to furnish all information or reports that may be required by the above cited Executive Order, Department of Labor regulations or any other state or federal agency, or as required by the Client. 16. MEDIATION Each dispute, claim or controversy arising from or related to this Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently 10 effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in a location that is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated set |cmcntap,reenocn\,vvhichag/eennentshaU be enforceable as a sett!cment 0 any court having jurisdiction thereof 17. APPROVALS Before this Agreement shall become binding and effective, it shall receive the approval of such authorized officiais as the iaw may provide. 18. MERGER AND MODFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. The terms of this Agreement may be changed or modified by mutual agreement of the parties hereto. Any material alternations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the parties hereto. 19. COVENANT AGAINST CONTINGENT FEES SRF warrants that it has not employed or retained any company or persons other than a bona fide employee working solely for SRF to sohcit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for SRF any fee, commission percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this Agreement. IN WITNESS WHEREOF, the Client and SRF by their authorized partner or officer have hereunto subscribed their narnes, CITY OF COLUMB1A HEIGHTS __ DATE: By: Name: Walt Fehst Title: City Manager SRF CONSULTING GROUP, INC. 0 � r !/ ���—� / /�'` L�^«�'�.�— DATE: x ' By: <��___ c+° Name: Randall Geerdes Title: President �/�cx Columbia x"Igv SRF Effi CONSULTING GROUP, INC. MINNFAvoLis FARG0 NCINEERS PLANNERS 1 DESIGNERS MADisoN June 28, 2010 Mr. Kevin Hansen, P.E. CITY OF COLUMBIA HEIGHTS 637 — 38 Avenue N.E. Columbia Heights, MN 55421 SUBJECT: ADDITIONAL BRIDGE GRAPHICS COLUMBIA IIEIGHTS PEDESTRIAN BRIDGE Dear Mr, Hansen: In response to your request for additional services, SRF Consulting Group, Inc, is pleased to submit this proposal for providing additional bridge graphics. SCOPE OF SERVICES The scope of work covered under this proposal includes providing the city with the additional graphics of the pedestrian bridge. Per our phone conversation, additional views of the bridge and the buildings on the southeast quadrant are required. SCHEDULE We agree to provide the above described services per a nnitually agreed upon schedule. BASIS OF PAYMENT SRF Consulting Group proposes to be reimbursed for our services on an hourly basis for the actual time expended, at actual cost for the out-of-pocket expenses and mileage at a rate not to exceed the IRS approved rate. Invoices will be submitted on a monthly basis for work performed during the pervious month with payment due within 30 days. We estimate our total fee for the services outlined will not exceed $800. ww. srico 175 ulting.com One Carlson Parkway Ncirt0, Suite. 150 Minneapolis, MN 55447-4443 703.475.0010 NV 703.475.2429 Au Equal Oppoitunity Employer Mr. Kevin Hansen., P. F. June 2, 20 I 0 City of I leights Page 2 NOTICE T() PROCEED A signed copy of this proposal or i purchase order sent to this office will serve as notice to proceed. We sincerely appreciate your consideration of this proposal and look for■vard to continuing work on this project. Please feel free to contact us, il additional information regarding our proposal is required. Sincerely. Coxsilt.iiNG GRouP, INC. A PPROVEI): Matthew J. Cramer. PE Senior Associate Name: Wal Fehst Larry A. Erickson, PE Title: city Manager Principal Dale: This cos/ propusal u!1/ /iJr period ciays. SifF reserves Sc rig/:z adjusl ( a/1(T 90 days/i f/R. dutc of this proposal. SHE No P107 84 KlstrucTrobosaisP10448 Columbia Heights Add/ Regderings PAJC.Doc SRF CONSULTING GROUP, INC. RANGE OF HOURLY BILLING RATES 2010 PRINCIPAL $1O8'$181 SENIOR ASSOCIATE $144 - $180 ASSOCIATE $119'$1O0 SENIOR PROFESSIONAL Design Review Engineer $120 - $158 MIS Specialist *10}'$144 Engineer $ 92-$140 Landscape Architect $ 92 - $140 Planner $ 82'$14O GRADUATE Engineer $ 70'$11D Hydrologist $ 70'*110 Landscape Designer $ 70'$110 Planner $ 7O-$11O TECHNICAL Safety Specialist $119-$158 Engineering Specialist $100 - $126 Right-of-Way Specialist, Senior $ 78'$11O Right-of-Way Specialist $ 59 - $ 97 CADD/Field Technician, Principal $ 92 - $124 CADD/FieId Technician, Senior $78'$11O CADD/Field Technician $ 59 - $ 92 Survey Technican, Principal $100 - $124 Survey Technician, Seriior $ 78 - $110 8umeyfTnafficTechnicien $ 49 - $ 83 PRODUCTION WEB Designer, Principal $ 92 - $124 Graphics Technician, Principal $100 - $124 Graphics Technician, Senior $ 78-$11O Graphics Technician $ 59 - $ 92 Sr, Editor $ 93'*115 Editor $7O'$11O AdrriinintnetivnAomiatont $ 67 $ 88 Clerical $ 50 '*8V The Range of Hourly Rates schedule is subject to change annualty. Direct project related expenses are billed at actual cost and mileage is billed at a rate not to exceed the current allowable IRS rate for business miles, ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) TM 09/04/2009 PRODUCER 9.52.893.1933 FAX 952.893. 1819 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION H. Robert Anderson & Assoc. , Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 460t? West 77th Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 105 Edina, MN 55435 INSURERS AFFORDING COVERAGE NAIC # INSURED SRF Consulting Group, Inc. INSURER A: The Charter Oak Fire Ins. Co. One Carlson Parkway North INSURERS: Travelers Property Casualty Co. Suite 150 NSURERC. The Travelers Indemnity Company Minneapolis, MN 55447 INSURER D: XL Specialty Insurance Co. INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'NSR DD 1, POLICY EFFECTIVE POLICY EXPIRATIONI LTR NSRE TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD/YYYY) DATE (MM /DD /YYYY) I LIMITS GENERAL LIABILITY 680- 2385L830- TIA -09 06/30/2009 06/30/2010 EACH OCCURRENCE 1$ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREM SES _ $ 300,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,000 -- _ -- _ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY T 1 PRO- LoC AUTOMOBILE LIABILITY BA 6082N849 06/30/2009 06 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY B i SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ACC $ AUTO ONLY AGG $ — --- --.._. EXCESS I UMBRELLA LIABILITY X.$F- CUP- 6585Y261 -IND -091 06/30/2009 06/30/2010 E ACI OCCURRENCE i $ 5,000,000 x OCCUR CLAIMS MADE AGGREGATE $ • C i GENERAL AGG - - 1$ 5,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION UB 3207T202 06/30/2009 06/30/2010 ( X TORY LIM 1 AND EMPLOYERS' LIABILITY Y / N C A NY IPRO PRIETO R / P A RTNDRD? RTNER/EXECUTIVE , E.L. EACH ACCIDENT 500,000 (Mandatory In NH) E L. DISEASE - EA EMPLOYEE $ 500,000 Ir yes, describe under —" — — - SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT $ 500,000 OTHE DPR9615864 07/01/2009 07/01/2010 Each Claim/ $2,000,000 Pro Liability D Annual Aggregate $2,000,000 Per Claim Ded. $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: City Project 0906 Gateway Ped. Bridge on 49th Ave /Th 65. See accompanying sheet for further information. This certificate or memorandum of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policies. '10 days notice for cancellation if reason is for non - payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Columbia Heights Attn: Kevin Hansen IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 637 38th Ave NE REPRESENTATIVES. Columbia Heights, MN 55421 -3806 AUTHORIZED E SENTATIVE J /21/ ACORD 25 (2009/01) © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Columbia Heights Certificate issued to City of Columbia Heights 09/04/2009 H. Robert Anderson & Assoc., Inc. 09/04/2009 SRF Consulting Group, Inc. - Certificate of Insurance (Cont'd): Project: City Project 0906 Gateway Ped. Bridge on 49th Ave /TH 6S. If required by contract, City of Columbia Heights is additional insured under above general liability coverage, as per that policy's language. Phraseology of automobile liability policy extends similar coverage.