HomeMy WebLinkAboutContract No. 2014-2596444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292,4400
tkdo.corn
991-MUMMIM
IN
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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
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Walter R. Fehst, City Manager
Printed Name/Title
CLIENT'S DESIGNATED REPRESENTATIVE:
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Name/Title Phone Email
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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
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!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.
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444 Cedar Street, Suite 1500
Saint Paul MN 55101
651.2924400
01 tkda.corn
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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