HomeMy WebLinkAboutContract No. 2015-26200
lCs CONSULTING, INC
City of Columbia Heights
637 38' Ave. NE, Columbia Heights, MN 55421
Preconstruction/ Predesign Services
For New Library
Dec 4th, 2014
3890 Pheasant Ridge Drive NE, Suite 180, Blaine, Minnesota 55449
Ph: (763) 354-2670 / Fax: (763) 780-2866 / www.ics-consult.com
Introduction.............................................................................. 1
Pre-Construction Phase ................... ..............................1
11. Basis of Compensation .................... ..............................1
A General Conditions
B Signature Page
C Fee Sheet
Preconstruction Services
City of Columbia Heights — New Library
Introduction
I. Pre - Construction
Phase
II. Basis of
Compensation
ICS Consulting, Inc. (ICS) is pleased to present this proposal agreement to
provide Preconstruction services on behalf of the City of Columbia Heights
for the upcoming new library.
An overview of services to be provided by ICS Consulting, Inc. on your
behalf as outlined in the summary below:
• Review and provide input for Architectural RFP.
• Assist Columbia Heights on review process of Architectural RFP
respondents.
• Review and provide input on the overall master project schedules and
phasing.
• Cost estimating and overall budget development for all projects including
updates at each phase of the design processes.
• Assistance with review and development of comprehensive Division 00
and 01 front -end specifications.
• Review of schematic design and design development documents for
coordination and scope issues.
• Review the 95% CD's for coordination and constructability issues.
• Provide Value Management and Value Engineering.
• Develop Bidding strategy with Columbia Heights.
• Coordination of public bid and award processes and necessary
procurement activities for all scopes of work including post -bid analysis
and contract award process.
ICS's Compensation for all project - related services will be billed as a time -
and- materials basis. Described in appendix C is a list of hourly rates for
services provided during the pre- construction. The preconstruction /
Predesign fee will not exceed $15,000
The actual amount billed for ICS's services on a monthly basis will be based
on ICS's actual time spent.
Reimbursable expenses will be billed on a monthly basis. Such items as
reproduction of reports, drawings, specifications, bidding documents and
similar project- related items will be a direct cost to the owner. No personnel
will be billed as a reimbursable expense.
For Project work beyond services outlined in proposal and /or any changes to
the agreed upon scope of services or project duration, services will be billed
on a time - and - materials basis. However, additional work will not be
conducted without approval by the City of Columbia Heights.
WOOM 'Mal
An
General Conditions
The word "Consultant" refers to ICS Consulting, Inc., the company with which Owner is contracting.
"Owner" is our client. The Agreement with you, the client, is comprised of this Agreement and
accompanying written proposal.
1. Scope of Work and Duration of Services
Consultant will furnish and perform the services specified in Consultant's proposal (the "Proposal "). If
any portion of the proposal is inconsistent with this Agreement, this Agreement shall control.
The commencement date for basic services shall be the date of approval of this proposal agreement.
Consultant's obligation to perform the Services shall terminate upon completion of the 1 year
statutory warranty period for the project or upon completion of all specified services described in this
proposal.
2. General Provisions
In addition to the Proposal, Consultant and Owner agree as follows:
A. Right of Access
Unless otherwise agreed in writing, Owner will furnish Consultant with right -of- access to the Site
and accurate information necessary to conduct the Services, as requested by Consultant.
B. Confidential & Proprietary Information
The Consultant and Owner agree not to disclose to others or use any confidential or proprietary
information or trade secrets of the other, which may become known to each prior to, during or
after the performance of this Agreement without the prior written consent of the other.
"Confidential or propriety information" and "trade secrets" shall mean any information about the
other which is neither publicly known nor legally accessible to the other parties from third parties.
Prior to the disclosure of any such confidential or proprietary information or trade secrets, each
shall obtain the written approval of the other. Neither Owner nor Consultant shall use the
specification or other materials produced under this Agreement for any purpose beyond the
scope of this project, without prior written agreement of the other.
C. Quality
Consultant warrants that the Services it performs under this Agreement will be performed with the
care and skill ordinarily exercised by reputable members of its profession practicing under similar
conditions during the period of this Agreement and in the same or similar locality.
2. Payment for Services
A. Invoices will be submitted monthly for services performed during the previous month.
B. Payments will be considered due and payable 30 days from the date of the associated invoice. If
payments are not received upon becoming due and payable, interest may be assessed on the
outstanding balance at a rate of the US Bank Reference Rate plus 5 %, with interest accruing
beginning 30 days from the original date of the invoice.
3. Indemnity & Insurance
A. Indemnity
Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless Owner,
its agents, and employees, from all claims, losses, costs, and damages arising in any way out of
Consultant's performance of work under this agreement, but only to the extent caused in whole or
in part by negligent acts or omissions or intentional fault on the part of the consultant, regardless
of whether such claim, loss, cost, or damage is caused in part by the Owner.
Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless Consultant,
its agents, and employees, from all claims, losses, costs, and damages arising in any way out of
Owner's performance of work under this agreement, but only to the extent caused in whole or in
part by negligent acts or omissions or intentional fault on the part of the Owner, regardless of
whether such claim, loss, cost, or damage is caused in part by the Consultant.
B. Insurance
Insurance Provided by Consultant. Before the start of its work, the Consultant shall procure and
maintain in force coverage and limits of insurance for its own negligence as follows:
(a)
Employers' Liability:
$1,000,000.00.
(b)
General Liability:
$2,000,000.00 Occurrence, $4,000,000.00 Aggregate
(c)
Automobile Insurance:
$1,000,000.00 Liability.
(d)
Umbrella Liability:
$1,000,000.00 Occurrence, $1,000,000.00 Aggregate
(e)
Professional Liability:
$2,000,000.00 Each Claim, $2,000,000.00 Annual Aggregate
4. Limitations on Liability
A. The obligations of the Owner under this Agreement do not constitute personal obligations of
Owner or its directors, officers or agents. Consultant will look solely to Owner's assets for
satisfaction of any liability in respect of this Agreement and will not seek recourse against the
directors, officers or agents of Owner or any of their personal assets for such satisfaction, unless
there is a written agreement which makes an individual personally liable, executed by that
individual. The provisions of this Paragraph 4 are not intended to relieve Owner from the
performance of its obligations under this Agreement, but only to limit personal liability in the case
of recovery of judgment. They do not limit Consultant's rights to obtain injunctive relief and
specific performance or to maintain any other action not involving the personal liability of Owner
or its directors, officers or agents.
B. lR any eVeRt, the fiRaRGial liability of the GeRSUItaRt fGF aRy alleged breach of this GaRtraGt, or for
250,; ef the total E)entF
C. ICS shall not be responsible for the acts or omissions of any consultant, contractor or any
subcontractor, supplier or other individuals or entities performing design and /or furnishing any
portions of the work. ICS shall not be responsible for the failure of any Contractor to perform or
furnish the work in accordance with the Contract Documents.
5. Assignment
This Agreement shall not be assigned by Consultant without prior written consent of the Owner.
6. Authorities for Action
Owner designates a responsible employee for administration and coordination of the work.
Consultant designates a responsible employee to act on its behalf in any matter under this
Agreement. Either party may designate in writing one or more persons to act on its behalf in any
manner under this Agreement, provided notice is given according to the provisions set forth in
Paragraph 8 below.
7. Independent Contractor
It is specifically understood and agreed that at all times pertinent to this Agreement, Consultant shall
be an independent Contractor and shall not be considered an employee of the Owner.
8. Notices
Any notice under this Agreement shall be in writing and shall be deemed to be properly given when
delivered to an officer of Owner or Consultant or upon receipt by the other party, when mailed by
registered or certified mail, postage prepaid, return receipt requested.
Either party shall have the right to designate by notice, in the manner set forth above, a different
address to which notices are to be mailed.
9. Applicable Law
This Agreement shall be governed by and construed under the laws of the State of Minnesota.
10. Extent of Agreement
This Agreement represents the entire Agreement between Owner and Consultant, and supersedes all
prior obligations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument, dated and executed by both Owner and Consultant.
11. Termination
This Agreement may be terminated for proper cause by either party for any reason upon thirty (30)
days written notice to the other party. Upon termination, Consultant will deliver to Owner or its
designee all records, documents or materials in its possession or control of Consultant which relate to
the Project and for which payment has been received. If Services have been prepared for, or
performed, for which payment has not been received as of the date of termination, Owner shall be
entitled to purchase the products of those Services, such as records, materials and documents, for
the consideration due therefore under this Agreement. If Owner does not purchase the products of
these Services, Owner remains liable to Consultant for any incurred but unpaid charges for Services
performed.
12. Hazardous Materials
It is acknowledged by both parties that ICS Consulting, Inc.'s scope of services does not include any
services related to asbestos, hazardous, or toxic materials that may be encountered or found to be
present at or in areas adjacent to the site. Any such materials that are encountered shall be
immediately brought to the attention of the owner, who will be solely responsible for any required
abatement and /or removal of the materials in full compliance with applicable laws and regulations.
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Signature Page
City of Columbia Heights
Preconstruction Services
December 4, 2014
Proposal Terms
Terms on payment of services are delineated in the proposal dated Dec 4th, 2014.
Signature includes acceptance of attached proposal, fee schedule, and general conditions.
Authorization to Proceed
We appreciate the opportunity to present this proposal for Preconstruction Services. Please sign and return both copies
of this document to our office. Upon receipt of both signed copies, a fully executed original copy will be forwarded back to
you for your records. We will begin the project at the time of signature acceptance of this proposal.
Please proceed according to the above stated terms, attached general conditions and the proposal.
City of Columbia Heights
Date
Printed Name
t
Authorized Signatgre
ICS Consulting, Inc.
3
Date
Printed N e
Authorized Signature
Rival Oki
Principal
$150.00
Senior Project Manager
$125.00
Project Manager
$100.00
Administrative Support
$6o.00