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HomeMy WebLinkAbout2016-2729City OfColumbia Heights | �--~ Works ~^r~'~^ EMt COLUMBIA 6373n* Avenue NE, Columbia Heights, MN 55421 -HEIGHTS- Phone: (7G3)7O6'37U0 ~ Fax: (7G3)7O6-3701 T0: Kurt Lewthoh,p.5. Vice President Barr Engineering Company 43DOK4ark2tPointe Drive, Suite 3OO Minneapolis, K4N55435 Enclosed are the following: � Contract Change Order Letter (copy) Other: Transmitted: */ As Requested As per our Conversation For Your Use For Your Review and Comment For Your Approval rk". �� M� Copy: DATE: May 13,2O16 PROJECT: Central and »«m Flood Reduction Reports Plans Specifications Deposit Check � Approved Approved asNoted Not Approved Revise and Resubmit Resubmit Copies for Approval Submit copies for Distribution r- Kevin Hansen City Engineer 753-706-3705 "SERVICE |S OUR BUS|NESS" resourceful. naturally. engineering and environmental consultants BARR May 5, 2016 Mr. Kevin Hansen City Engineer 637 38th Avenue NE Columbia Heights, MN 55421 Re: Agreement for Central and 40th Flood Reduction and Water Quality Improvement Feasibility Study Dear Mr. Hansen: Thank you for retaining us. We will do our best to justify your expression of confidence in us. This letter, together with our Standard Terms (attached) sets forth the Agreement between the City of Columbia Heights (Client) and Barr Engineering Co_ (Barr) regarding determining the feasibility of installing a new stormsewer line to alleviate localized flooding. The scope of professional consulting services we will provide for your project includes: Using the 11CHF XP -SWMM model constructed by Barr for the Mississippi Watershed Management Organization (MWMO), Barr will review an area of localized flooding east of the intersection of Central Avenue and 401h Avenue NE. This area is currently served by a 44 -inch diameter concrete pipe, ultimately outletting at LaBelle Pond. The City (Client) would like to consider the flood benefits of installing an additional pipe in parallel to the 44 -inch pipe along 401h Avenue NE to relieve flooding, as well as a the potential water quality benefits of directing runoff to a potential water quality feature upstream of LaBelle Pond. Barr will: 1. Review the existing XP -SWMM and P8 models 2. Determine the size of a new pipe necessary to alleviate flooding 3. Using the P8 model, size a water quality feature upstream of LaBelle Pond (assumed to be a filtration feature) to provide enhanced treatment 4. Develop conceptual -level cost estimates of each improvement 5. Prepare a short memo (2 -3 pages) describing the work performed, the benefits and costs, and our recommendations, responding to one round of comments from the City (Client) 6. Attend one meeting at a point determined by the City (Client) This Agreement will be effective for the duration of the services unless earlier terminated by either you or us. We will commence work upon receipt of a copy of this letter signed by you. The estimated schedule for the services is to provide a draft memo with results of the feasibility study for Client review within six (6) weeks of the Notice to Proceed. We will inform you of our progress by biweekly progress reports. For the services provided, you will pay us according to the attached Standard Terms, We will bill you every four weeks. The cost of the services will not exceed $5,500 without prior approval by you. Barr Engineering Co. 4300 MarketPointe Drive, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com Mr. Kevin Hansen May 5, 2016 Paqe 2 We understand you have the authority to direct us. We will direct communications to you at [the address on this letter. Direction should be provided to Nathan Campeau, P.E., at the letterhead address. During the term of this Agreement, Barr agrees to maintain with a company or companies lawfully authorized to do business in the jurisdiction in which the project is located, the type of insurance and policy limits as set forth below (USD): Workers' Compensation and Employers' Liability 1. Coverage A: Per State Statute 2. Coverage B: $500,000 Each Accident $500,000 Disease — Policy Limit $500,000 Disease — Each Employee Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products — Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury Commercial Automobile Liability 1. $1,000,000 Combined Single Limit Bodily Injury and Property Damage The Commercial Automobile Liability shall provide coverage for the following automobiles: 1. All Owned Automobiles 2. All Non -Owned Automobiles 3. All Hired Automobiles Umbrella Liability 1. $10,000,000 Each Claim $10,000,000 Annual Aggregate 2. The Umbrella Liability shall provide excess limits over and above the Commercial General Liability, Employers' Liability and Commercial Automobile Liability limits as stated in this article. Professional Liability /Pollution Incident Liability Professional Liability errors and omissions insurance including Pollution Incident Liability coverage with limits of not less than $5,000,000 Per Claim / $5,000,000 Aggregate. Certificates of Insurance Certificates of Insurance shall be provided upon request. Barr and Client waive all rights against each other, their subcontractors, agents, and employees, and the other's consultants, separate contractors, and their subcontractors, agents, and employees for losses or w:\Business Units \wR \Proposals \2016 \P095.16 City of Columbia Hts Stormwater Improve Feas \CH_storm_BarrClient AgrmtLetterContract.docx Ver. 12/16/2015 Mr. Kevin Hansen May 5, 2016 Paae 3 damages covered by property or casualty insurance, commercial general liability, or Builder's Risk insurance. This waiver of subrogation shall be effective notwithstanding any duty of indemnity. If this Agreement is satisfactory, please sign the enclosed copy of this letter in the space provided, and return it to us. Sincerely yours, BARR ENGINEERING CO;, Kurt Leuthold, P.L. Its Vice President Accepted this day of 20 CITY OF COLU I H G By Its t r' Attachments Standard Terms — Professional Services W: \Business Units \WR \Proposa1s \2016 \P095.16 City of Columbia Fits Stormwater Improve teas \CH_storm_BarrClient AOrmt_LetterContract.docx Ver. 12/16/2015 a. .,,in STANDARD TERMS - PROFESSIONAL SERVICES Our Agreement with you consists of the accompanying letter or other authorization, Work Orders, and these Standard Terms — Professional Services. Section 1: Our Responsibilities water. if you are requesting that we provide services that 1.1 We will provide the professional services ("Services") include this risk, you agree to hold us harmless from described in this Agreement. We will use that degree of such contamination claims, damages, and expenses, care and skill ordinarily exercised under similar including reasonable attorneys' fees, unless the loss is circumstances by reputable members of our profession caused by our negligence, practicing in the same locality. 2.6 You agree to make disclosures required by law. If we are 1.2 We will select the means, methods, techniques, required by law or legal process to make such sequences, or procedures used in q p providing our disclosures, you agree to hold us harmless and Services. If you direct us to deviate from our selections, indemnify us from related claims and costs, including you agree to hold us harmless from claims, damages, reasonable attorneys' fees. and expenses arising out of your direction. Section 3: Reports and Records 1.3 We will acquire all licenses applicable to our Services 3.1 We will retain analytical data relating to the Services for and we will comply with applicable law. seven years and financial data for three years. 1.4 Our duties do not include supervising your contractors or 3.2 commenting on, supervising, or providing the means and methods of their work unless we accept any such duty in writing. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings. 1.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, job, or site health or safety unless we accept that duty in writing. 1.6 Estimates of our fees or other project costs will be based 3.3 on information available to us and on our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should add a contingency. 1.7 The information you provide to us will be maintained in confidence except as required by law. Section 2: Your Responsibilities 2.1 You will provide access to property as required 2.2 You will provide us with prior reports, specifications, plans, changes in plans, and information about the project which may affect the delivery of our Services. You will hold us harmless from claims, damages, and related expenses, including reasonable attorneys' fees, involving information not timely called to our attention or not correctly shown on documents you furnished to us. 2.3 You agree to provide us with emergency procedure information and information on contamination and dangerous or hazardous substances or processes we may encounter in performing the Services. 2.4 You agree to hold us harmless as to any claim that we are an owner, operator, generator, transporter, treater, stover, or a disposal facility within the meaning of any law governing the handling, treatment, storage, or disposal of dangerous or hazardous materials. 2.5 Site remediation services may involve risk of contamination of previously uncontaminated air, soil, or Monitoring wells are your property and you are responsible for their permitting, maintenance and abandonment unless we accept that duty in writing. Samples remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are your property. They will be discarded or returned to you, at our discretion, unless within 15 days of the report date you give written direction to store or transfer the materials at your expense. Our reports, notes, calculations, and other documents, and our computer software and data are instruments of our Services, and they remain our property, subject to a license to you for your use in the related project for the purposes disclosed to us. You may not use or transfer our reports to others for a purpose for which they were not prepared without our written approval. You agree to indemnify and hold us harmless from claims, damages, and expenses, including reasonable attorneys' fees, arising out of any unauthorized transfer or use. 3.4 Because electronic documents may be modified intentionally or inadvertently, you agree that we will not be liable for damages resulting from change in an electronic document occurring after we transmit it to you. In case of any difference or ambiguity between an electronic and a paper document, the paper document shall govern. When accepting document transfer in electronic media format, you accept exclusive risk relating to long -term capability, usability, or readability of documents, software application packages, operating systems, and computer hardware. 3.5 If you do not pay for the Services in full as agreed, we may retain reports and work not yet delivered to you and you agree to return to us our reports and other work in your possession or under your control. You agree not to use or rely upon our work for any purpose until it is paid for in full. Section 4: Compensation 4.1 You will pay for the Services as agreed upon or according to our then current fee schedules if there is no other written agreement as to price. An estimated cost is Ver. 07 -01 -15 not a firm figure unless stated as such and you should allow for a contingency in addition to estimated costs, 4.2 You agree to notify us of billing disputes within 15 days and to pay undisputed portions of invoices within 30 days of invoice date. For balances not paid under these terms, you agree to pay interest on unpaid balances beginning 10 days after invoice date at the rate of 1.5% per month, but not to exceed the maximum rate allowed by law. 4.3 If you direct us to invoice another, we will do so, but you agree to be responsible for our compensation unless you provide us with that person's written acceptance of the terms of our Agreement and we agree to extend credit to that person. 4.4 You agree to compensate us in accordance with our fee schedule if we are asked or required to respond to legal process arising out of a proceeding to which we are not a party. 4.5 If we are delayed by factors beyond our control, or if the project conditions or the scope of work change, or if the standards change, we will receive an equitable adjustment of our compensation. 4.6 In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to payment otherwise due us. Section 5: Disputes, Damage, and Risk Allocation 5.1 Each of us will exercise good faith efforts to resolve disputes without litigation, Such efforts will include a meeting attended by each party's representative empowered to resolve the dispute. Disputes (except collections) will be submitted to mediation as a condition precedent to litigation. 5.2 We will not be liable for special, incidental, consequential, or punitive damages, including but not limited to those arising from delay, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. Each of us waives against the other and its subcontractors, agents, and employees all rights to recover for losses covered by our respective property /casualty or auto insurance policies. 5.3 We will not be liable for damages unless you have notified us of your claim within 30 days of the date of your discovery of it and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages, and unless suit is commenced within two years of the earlier of the date of injury or loss and the date of completion of the Services. 5.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability will not exceed the fee paid for our services or $50,000, whichever is greater, and you agree to indemnify us from all liability to others in excess of that amount. if you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of our Agreement, you provide payment in an amount that will increase our fees by 10 %, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 5.5 If you fail to pay us within 60 days following invoice date, we may consider the default a total breach of our Agreement and, at our option, we may terminate all of our duties without liability to you or to others. 5.6 If we are involved in legal action to collect our compensation, you agree to pay our collection expenses, including reasonable attorneys' fees. 5.7 The law of the state in which the project site is located will govern all disputes. Each of us waives trial by jury. No employee acting within the scope of employment shall have any individual liability for his or her acts or omissions and you agree not to make any claim against individual employees. Section 6: Indemnification 6.1 Each of us will indemnify and hold harmless the other from and against demands, damages, and expenses to the comparative extent they are caused by the negligent acts, omissions, or breach of contract of the indemnifying party or of those others for whom the indemnifying party is legally responsible. 6.2 To the extent that may be necessary to indemnify either of us under Section 6.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. Section 7: Miscellaneous Provisions 7.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our sole negligence. 7.2 This Agreement is our entire agreement, and it supersedes prior agreements. Only a writing signed by both of us making specific reference to the provision modified may modify it. 7.3 Neither of us will assign this Agreement without the written approval of the other. No other person has any rights under this Agreement. 7.4 A writing may terminate this Agreement. We will receive an equitable adjustment of our compensation if our work is terminated prior to completion as well as our fees and expenses on the basis agreed upon through the effective date of termination. 7.5 We will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, religion, age, genetic information, marital status, sexual orientation, gender identity, familial status, disability, status with regard to public assistance, membership or activity in a local human - rights commission, or status as a protected veteran, We will take affirmative action to ensure that applicants are considered, and employees are treated during their employment, without regard to those factors. Our actions will include, but are not limited to notifications, hiring, promotion or employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoffs or terminations, rates of pay and other forms of compensation, and selection for training or apprenticeship, End of Standard Terms Ver. 07 -01 -15