Loading...
HomeMy WebLinkAbout2017-28221CS I CONSULTING, INC 9 -27 -17 Kevin Hansen City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Re: Services for Potential City Hall Dear Primary Contact: rC 1 2U?7 2017 -2822 At your request, ICS Consulting, Inc. ( "ICS "), is pleased to provide the City of Columbia Heights ( "City") with this proposal to perform estimates services and provide professional input for helping the City of Columbia Heights select a site for the proposed City Hall and conceptual estimating for the new facility. ICS will work collaboratively with City and City selected Architectural Team to develop overall costs in regards to site and potential building. Services to Be Provided: Site Selection and Conceptual Estimating: - Meet with administration and team, to review the goals of the effort and further refine the process for planning to meet those goals - Review, evaluate, and provide input for decision making. - Provide cost estimating and overall budget development. - Assemble budgeted costs to address the current and future facility - related needs. This information will provide a baseline understanding of known facility needs and associated costs Compensation: ICS compensation for services listed above will be a lump sum amount of $5,000 The actual amount billed for ICS's services on a monthly basis will be based on our estimate of the proportion of total services actually completed during the billing period on a percentage of completion. Reimbursable expenses will be billed on a direct basis and will be limited to include such items as travel, reproduction of reports, drawings, specifications, bidding documents and similar project - related items. Acceptance: If this proposal is acceptable, please authorize us to proceed by signing a copy of this document and returning it to our office. Your signature signifies acceptance of the scope of work identified in this proposal and the General Conditions that follow this page. We will proceed with our scope of work upon receipt of your signed proposal. Thank you for the opportunity to provide you with our service, and we look forward to working with you and the city on this exciting effort! Sincerely, ICS Consulting, Inc. 13890 Pheasant Ridge Drive NE, Suite 180, Blaine, MN 55449 1763-354-2670 1 www.ics- consult.com ICS Consulting, Inc. Accepted By: Scott Johnson ICS Consulting, Inc. Signed-, ' Print: -F6"-H— 13— Title: Date: // z/ 7 City of Columbia Heights Accepted By: Walt Fehst - City Manager City of Columbia Heights Signed: Print: ✓ Title: % Date: �/W/ 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. Qualitv 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 City of Columbia Heights 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: All Owned vehicles used in connection with the services of this Agreement. 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. In any event, the financial liability of the Consultant for any alleged breach of this Contract, or for any tort committed in performance of this contract, shall not exceed 25% of the total contract amount due to Consultant as payment to it for services performed under this Contract. 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. S. 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. City of Columbia Heights 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. City of Columbia Heights