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HomeMy WebLinkAboutContract No. 2014-2596444 Cedar Street, Suite 1500 Saint Paul, MN 55101 651.292,4400 tkdo.corn 991-MUMMIM IN fissmw���� • 1111:4 An employee owned company promoting affirmative action and equal opportunity Mr. Kevin Hansen City of Columbia Heights Proposal for Engineering Services Utility Rate Study Update (2014) September 3, 2014 Page 2 C. Determine future financial needs for each utility for the years 2015 through 2019. The CLIENT's 5-year Capital Improvement Plan projects listed in the 2012 Water Distribution Model Update report and financing alternatives will be determined for the respective utilities. The revenue requirement for each utility will be determined based upon operation and maintenance costs, capital improvements, and the CLIENT's cash reserve balance desired for utility accounts. D. The CLIENT desires flexibility in the rate structure developed by the utility rate model. The model developed and used will allow the CLIENT to determine impacts from delay in utility rate increases, rate impacts on the customer groups, the addition of capital improvement projects, changes in utility use/volumes, and the effect of change on cash reserves. E. Prepare the draft Utility Rate Study Report which includes rate recommendations for the four utilities for the next five years. Submit the draft Report to the CLIENT for review and comments. Meet with the CLIENT to obtain input and incorporate review comments into the final Report. F Submit the final Utility Rate Study Report in electronic format (PDF) and hard copy to the CLIENT for distribution. The final Report recommendations will be presented at a City Council workshop meeting in PowerPoint format at a date selected by the CLIENT. Ill. ADDITIONAL SERVICES If authorized in writing by the CLIENT, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Time and Materials basis and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Attend additional Project meetings with the CLIENT's staff beyond those included in SECTION 11, if required by the CLIENT. IV. CLIENT'S RESPONSIBILITIES These responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified hereinbelow: A. Designate one individual to act as a representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. That individual shall be identified in the signature block area of this Proposal. B. Provide access to the CLIENT's files, records, accounts, and meter data pertaining to the Project. C. Provide input and review of submitted documents in a reasonable and prompt manner so that the Project schedule can be maintained. il Mr. Kevin Hansen City of Columbia Heights Proposal for Engineering Services Utility Rate Study Update (2014) September 3, 2014 Page 4 ACCEPTED FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA M- Walter R. Fehst, City Manager Printed Name/Title CLIENT'S DESIGNATED REPRESENTATIVE: Lyl A� dd /V S 4U/ 611Y F-1 61A)LE7-L Name/Title Phone Email ki « : #t X40,0 , 0 IT,#-Lr-FA- -T1)-J1TY-T1 . - -1 .0 "t f-r-6U6Tj*TL Proposal and to complete services according to the following: Initial Project Meeting October 20, 2014 Draft Report to CLIENT November 28, 2014 Final Report to CLIENT December 19, 2014 Presentation to City Council January 26, 2015 IMTOOT41ire N.111074ATIVI I AVII 0, .** , !h« » you for the opportunity to submit this Proposal. We agree that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Columbia Heights and «' —° « of a signed original to us. This Proposal will be open 4 \Z: for 60 days, unless the provisions herein are changed by us in writing prior to that time. ki 444 Cedar Street, Suite 1500 Saint Paul MN 55101 651.2924400 01 tkda.corn i tlN P Afifila WMEANNOVIRMAIROM White Bear Township 65 1.429,5827 Mr. Robert Benson, Manager 651.439-6231 An employee owned compong promoting affirmative action and equai opportunitV MuniciDal Services Division Employee CI_a_s_gLffi9A&0_nj Senior Registered Engineer Registered Engineer or Professional Land Surveyor Graduate Engineer or Land Surveyor Senior Planner Planner Engineering Specialist 11 Engineering Specialist I Technician III Technician 11 Technician I Range of Hourly Billing Rates* $ 125.00 to $ 175.00 $ 77.00 to $ 133.00 $ 58.00 to $ 90-00 $ 107.00 to $ 125.00 $ 55,00 to $ 89-00 $ 104,00 to $ 116.00 $ 70.00 to $ 104.00 $ 78.00 to $ 102.00 $ 49.00 to $ 78.00 $ 32.00 to $ 58.00 t Hourly billing rates for staff outside the Municipal Services Division will be billed at a 2.90 multiplier. In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1. Vehicle mileage at current IRS standard rate per mile. 2. Outside professional and technical services with costs defined as the amount billed TKDA plus 10%. 3. Outside reproduction and reprographic costs. Rates effective until December 31, 2014. For hours worked over 40 hours per week individuals are paid one and one-half times the above rates. Capped Maximum Schedule 2900-M90 TKDA Project Fee Estimate ta,1111"T ITNIM-A-MIU-94#11301 "I, lot] General Provisions of Engineer-Architect Agreement ARTICLE 1. GENERAL These Generai Provisions supplement and become part of the Agreement between Toltz, Kng, Duval!, Anderson and Associates, Incorporated, a Minnesota Corporation, hereinafter referred to as TKDA, and the other Party to the Agreement, hereinafter referred to as CLIENT, wherein the CLIENT ergages TKDA to provide certain Engineering, Architectural, and/or Planning services. Either Party to this Agreement may be referred to as a "Party' or collectively as "Panes." As used herein, the term 'Agreement` refers to (1) TKDA's original Engagement Letter or proposal {the "Engagement Lette"} which forms the basis for the Agreement; (2) these General Provisions, and (3) any attached Exhibits, as if they were part of one and the same document With respect to the order of precedence, any attached Exhibits shall govern over these General Provisions and the Engagement Letter shall govern over any attached Exhibits and these General Provisions. ARTICLE 2. PERIOD OF SERVICE The term of this Agreemarbt for the performance of services hereunder shall be as set forth in TKDA's Engagement Letter. Any lump sum or estimated maximum payment amounts set forth in the Engagement Letter have been established in anticipation of the orderly and continuous progress of the project in accordance with the schedule set forth in the Engagement Letter or any Exhibits attached thereto. ARTICLE 3. COMPENSATION TO TKDA A. Compensation to TKDA for services shall be as designated in the Engagement Letter. The CLIENT shall rake monthly payments to TKDA within 30 days of date of invoice. B. The CLIENT will pay the balance stated on the invoice unless CLIENT notifies TKDA in writing of the particular :tern that is alleged to be incorrect within 15 days from ti,e date of invoice, in which case all undisputed items shall be paid and amounts in dispute shall become due upon an adjudicated resolution or upon agreement of the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a service charge of 1 -112% per month, or the maximum amount authorized by law, whichever is less. TKDA shall be entitled to recover all reasonable costs and disbursements, including reasonable attorneys' fees, incurred in connection with collecting amounts owed by CLIENT. In addition, TKDA may, after giving seven days' written notice to the CLIENT, suspend services under this Agreement until TKDA has been paid in full for all amounts then due for services, expenses and charges. CLIENT agrees that it shall waive any and all claims against TKDA and that TKDA shall not be responsible for any caims arising from suspension of services hereunder. ARTICLE 4. EXTRA WORK If TKDA is of time opinion, that any work it has been directed to perform is beyond the Scope of this Agreement, or that the level of effort required exceeds that estimated due to changed conditions and thereby constitutes extra work, it shall notify the CLIENT of that fact. Upon written notification to CLIENT, TKDA snail be entitled to additional compensation for same, and to an extension of time for completion absent timely wriften objection by CLIENT to additional services. ARTICLE S. ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreement upon seven days' written notice for convenience of elther CLIENT or TKDA. In addition, the CLIENT may at any time reduce the scope of this Agreement. Such reduction in scope shali be set forth in a written notice from the CLIENT to TKDA. in the event of unresolved dispute over change in scope or changed conditions, this Agreement may also be terminated upor, seven days' written notice as provided above, in the event of a termination or reduction In scope of the project work, TKDA shall be paid for the work performed and expenses incurred on the project work and for any completed and abandoned work for which payment has not been made, computed in accordance with the provisions of the Engagement Letter and payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with TKDA's subconsuftants, costs of producing copies of file materials and other related close -out costs. ARTICLE 8. DISPOSITION OF PLANS, REPORTS AND OTHER DATA All documents, including reports, drawings, calculations, specifications, CADD materials, computer software or hardware or other work product prepared by TKDA pursuant to this Agreement are TKDA's Instruments of Service and TKDA retains ail ownership interests in said Instruments of Service, including copyrights. Any use or reuse of such instruments of Service, except for the spedfic purpose Intended, by the CLIENT or others without written consent, verification, or adaptation by TKDA will be at the CLIENTS risk and full legal responsibility. In this regard, the CLIENT will indemnify and hold harmless TKDA from any and all suits or claims of third parties arising out of suds use or reuse which is not specifically verified, adapted, or authorized by TKDA. Copies of documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by TKDA's Engineer or Architect Files in electronic format furnished to the CLIENT are only for convenience of the CLIENT, Any conclusion or information obtained or derived from such electronic files wig be at the user's sole risk. If there is a discrepancy between the electronic flies and the hard copies, the hard copies govern. In the event elec7onic copies of documents are made available to the CLIENT, the CLIENT acknowledges that the useful life of electronic media may be limited because of deterioration of the media, obsolescence of the computer hardware and!or software systems or other causes outside of TKDA's control. Therefore, TKDA makes no representation that such media will be fully usable beyond 30 days from date of delivery to CLIENT. If requested, at the time of completion or termination of the work, TKDA shall make available to the CLIENT at CLIENTS expense copies of the Instruments of Service upon (I) payment of amounts due and owing for wok performed and expenses incurred under this Agreement, and (ii) fulfillment of the CLIENTS obligations under this Agreement. ARTICLE 7. CLIENT'S ACCEPTANCE BY PURCHASE ORDER In lieu of or in addition to execution, of the Engagement Letter, the CLIENT may authorize TKDA to commence services by issuing a purchase cider by a duly authorized representative. Such authority to commence services or purchase order shall incorporate by reference the terns and conditions of this Agreement In the event the terms and conditions of this Agreement conflict with those contained in the CLIENTs purchase order, the terms and conditions of this Agreement shall govem. Notwithstanding any purchase order provisions to the contrary, no warranties, express or implied, are made by TKDA. In order to implement the intent of Parties to this Agreement, the Parties agree that the Engagement Letter, these General Provisions, and any Exhibits constitute the entire Agreement between them. The Parties further agree that the preprinted terms and conditions of any CLIENT - generated purchase order issued to request work pursuant to this Agreement will not apply to the work, regardless of whether TKDA executes the purchase order in acceptance of the work. ARTICLE 8. CLIENT'S RESPONSIBILITIES A. To permit TKDA to perform the services required hereunder, the CLIENT shall supply, in proper time and sequence: the following at no expense to TKDA: All necessary information regarding its requirements as necessary far orderly progress of the work. Designate in writing a person to act as CLIENT's representative with respect to the services to be rendered under this Agreement. Such person shali have authority to transmit instructions, receive instructions, receive information, and interpret and define CLIENT's policies with respect to TKDA's services. Furnish, as required for performance of TKDA's services (except to the extent provided otherwise in the Engagement Letter or any Exhibits attached thereto), data prepared by or services of others, including without limitation, soil borings, probing and subsurface explorations, hydrograpNo and geohydroiogic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-cf -way, topographic and utility surveys; property descrip5ons; zoning, deed and other land use restriction; and other special date not covered in the Engagement Letter or any Exhibits attached thereto. 4. Provide access to, and make all provisions for TKDA to enter upon publicly or privately owned property as required to perform the work. 5. Act as liaison with other agencies or involved parties to carry out necessary coordination and negotiations; fumish approvals and permits from all governmental authoities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. & Examine all reports, sketches, drawings, specifications and other documents prepared and presented by TKDA, obtain advice of an attorney, Insurance counselor or others as CLIENT deems necessary for such examination, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of TKDA. 7, Give prompt written notice to TKDA whenever the CLIENT observes or otherwise becomes aware of any development that affects the scope or timing of TKDA's services or any defect in the work of Construction Contractor(s), subconsultants or TKDA. 8. initiate action, where appropriate, to identify and investigate the nature and extent of asbestos, petroleum and/or pollution in the project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. For purposes of this Agreement, "pollution" and "pollutant" shall mean any solid, liquid, gaseous or thermal irritant or contaminant, including petroleum, smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. Hazardous Materials means any substance, waste, pollutant or contaminant (including petroleum) now or hereafter included within such terns under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. • Waste further ircudes materials to be recycled, reconditioned or reclaimed. CLIENT further agrees it TKDA GENERAL PROVISIONS JULY 20DB (Er0) Certificates of insurance will be provided to the CLIENT upon request. ARTICLE 12. ASSIGNMENT This Agreement, being intended to secure the personal service of the individuals envloyed by and through whom TKDA performs work hereunder, shelf not be assigned, sublet or transferred without the written consent of TKDA and the CLIENT. Any assignment of the Agreement, or claims arising under or relating to the Agreeirrent without the written consent of both Parties shall be null and void, TKDA GENERAL PROVISIONS JULY 2MR(E0