HomeMy WebLinkAbout2016-2729City OfColumbia Heights | �--~ Works ~^r~'~^
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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:
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Contract
Change Order
Letter (copy)
Other:
Transmitted:
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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
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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