HomeMy WebLinkAbout2018-28652018 -2865
Kimley > >) Horn
May 23, 2018
Kevin Hansen
Public Works Director/ City Engineer
City of Columbia Heights
637 381h Avenue NE
Columbia Heights, MN 55421
Re: Professional Services Agreement — Columbia Heights Parking Ramp Condition Assessments
Dear Mr. Hansen:
Kimley -Horn and Associates, Inc. ( "Kimley- Horn" or "Consultant ") is pleased to submit this letter
agreement (the "Agreement ") to the City of Columbia Heights ( "Client" or "City ") for providing a parking
ramp condition assessment report for two City -owned parking ramps, including recommendations for a
five -year maintenance program.
Project Understanding
Kimley -Horn understands that the City of Columbia Heights owns and operates two multi - level, cast -in-
place concrete parking ramps built in the early 1980's. One ramp is located between 40th Ave. NE and
Gould Ave. NE adjacent to Central Ave. NE, and the second ramp is located along Van Buren St. NE
between 41 st Ave. NE and 40th Av. NE in Columbia Heights. The two parking ramps are similar in layout
and construction.
The City requests an assessment of each parking ramp to review the general conditions, understand
the extent of existing deterioration, and determine the repair work necessary to bring the two parking
ramps from their existing conditions to a good condition. Following the assessment, the Consultant will
develop a five -year maintenance program for the parking ramps that will be used for budgeting in the
Capital Improvement Plan (CIP).
Scope of Services
Kimley -Horn will provide the services specifically set forth below.
Task 1 Site Visit and Assessment
Review representative existing plans of the two ramps provided by the City. Plans are available
for one of the parking ramps.
Review latest inspection report provided.
Conduct one site visit to perform a visual review of the current conditions and identify priority
work items for each ramp level.
Perform non - destructive testing as deemed necessary by Kimley -Horn, such as chain
dragging and sounding.
Document conditions, observations, and photos of parking ramps by notating on the
existing plans uploaded onto a tablet, such as an iPad.
Review the general condition of the structure including, but not limited to:
Areas of deteriorated concrete
Condition of waterproofing membrane systems
Kimley Morn
Page 2
c Condition of expansion joints and joint sealants
• Identify well- preforming and deficient Items.
Document typical structural systems and structural deficiencies with photographs.
* Document condition of existing lighting systems.
Kimley -Horn will coordinate with American Engineering Testing (AET) to perform three
chloride ion tests per parking ramp.
A chloride ion test measures the potential corrosion of embedded steel reinforcement in
the parking deck and provides information for evaluating future parking deck repairs and
maintenance.
Kimley -Horn will develop documents to direct AET to specific locations in each parking
ramp to perform the chloride ion testing.
* Kimley -Horn will review the chloride ion test results.
Task 2: Condition Assessment Report
Produce a report that summarizes Kimley- Horn's evaluation of each ramp, chloride ion test
results, and repair recommendations.
Provide photos documenting typical structural deficiencies.
• Incorporate City comments on the condition assessment report.
Provide copies of final report to the City.
Task 3: Five Year Maintenance Program
Prepare five -year maintenance program to include recommended repairs and maintenance in
each year for 2019 thru 2023 with opinions of probable costs.
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates. Additional services we can provide include, but are not
limited to, the following:
Structural analysis of members determined to be deficient
Preparation of bidding documents
Bid phase support
• Construction phase assistance
Information Provided by Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the City or
the City's representatives. The City shall provide all information requested by Kimley -Hom during the
project, including but not limited to the following:
• Provide full access to the site to be coordinated with the City
Schedule
Tasks 1 -3 will be completed by late summer /early fall so budgeting information can be included in the
City's Capital Improvement Program. Specific dates for deliverables will be agreed to with the City.
Kimley > >Mor
Fee and Expenses
Kimley -Horn will perform the services in Tasks 1 - 3 for the total lump sum fee below.
Task 1 Site Visit and Assessment (includes AET fees) $9,100
Task 2 Condition Assessment Report $4,000
Task 3 Five Year Maintenance P_ rogram $2,200
Sub -Total $15,300
Expenses mad
Total Lump Sum Fee $15,400
Page 3
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice number
and Kimley -Horn project number,
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the attached Standard Provisions, which are incorporated by reference, As used in the Standard
Provisions, "Consultant' shall refer to Kimley -Horn and Associates, Inc., and "Client" shall refer to the
City of Columbia Heights.
Kimley -Horn, in an effort to expedite invoices and reduce paper waste, submit invoices via email in an
Adobe PDF format. We can also provide a paper copy via regular mail if requested, Please include
the invoice number and Kimley -Horn project number with all payments. Please provide the following
information:
Please email all invoices to
Please copy
If you concur in all the foregoing and wish to direct us to proceed with the services, please have
authorized persons execute a copy of this Agreement in the spaces provided below, and return one
copy to us. We will commence services after we have received a fully- executed agreement. Fees and
times stated in this Agreement are valid for sixty (60) days after the date of this letter.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Kirnley)>)Horn
Very truly yours,
KIMLEY -HORN AND ASSOCIATES, INC.
Jerry D. Pertzsch, PE
Project Manager
City of Columbia Heights
A Municipality
Page 4
14-
Jon B. Horn, PE
Senior Vice President
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STANDARD PROVISIONS
(1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services
specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant
will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing,
the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then - current
hourly rates plus an amount to cover certain direct expenses including telecommunications, in -house reproduction,
postage, supplies, project related computer time, and local mileage.
(2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
(a) Designate in writing a person to act as its representative, such person having complete authority to transmit
instructions, receive information, and make or interpret the Client's decisions.
(b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and
all standards of development, design, or construction.
(c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys,
engineering data, environmental information, etc., all of which the Consultant may rely upon.
(d) Arrange for access to the site and other property as required for the Consultant to provide its services.
(e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within
a reasonable time so as not to delay the Consultant.
(f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and
consents from other parties as may be necessary.
(g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client.
(h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects
the Consultant's services or any defect or noncompliance in any aspect of the project.
(3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly
executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress
through completion of the services. Times for performance shall be extended as necessary for delays or suspensions
due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six
months, Consultant's compensation shall be renegotiated.
(4) Method of Payment. Client shall pay Consultant as follows:
(a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will
be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the
Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the
maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within 30
days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Clierrl, suspend
services and withhold deliverables until all amounts due are paid.
(b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's
invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment.
(c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt
of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If
the Client objects to only a portion of the invoice, payment for all other portions remains due within 25 days of receipt.
(d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its
reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses
shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its
employees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant
may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to
have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt
and without prejudicing any right of the Consultant to collect additional amounts from the Client.
(5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services
described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement.
They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project
or on any other project. Any modifications by the Client to any of the Consultant's documents, or any reuse of the
documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the
Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses
and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and
source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in
this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the
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Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies
between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern.
(6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services
furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered
as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment
as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or
actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost,
it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation
established by the Client will be paid for as Additional Services.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by either party
upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the
terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The Consultant shall be
paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses
incurred by the Consultant as a result of such termination.
(8) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill
ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services
are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and
it is agreed that the Consultant is not a fiduciary with respect to the Client.
(9) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the
Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other
provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate,
of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to
anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising
out of or in any way related to the services under this Agreement from any causes, including but not limited to, the
negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of
the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice
the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher
limits of liability may be negotiated for additional fee. This Section 9 is intended solely to limit the remedies available
to the Client or those claiming by or through the Client, and nothing in this Section 9 shall require the Client to indemnify
the Consultant.
(10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any
consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.
(11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other
consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with
the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client's
decision to obtain bids or proceed with construction before the Consultant has issued final, fully- approved plans and
specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully
approved and all permits obtained.
(12) Certifications. The Consultant shall not be required to execute certifications or third -party reliance letters that
are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the
Consultant to violate applicable rules of professional responsibility.
(13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first
to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any
mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted
but in no event later than allowed by applicable statutes.
(14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger,
contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to
analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal,
or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the
Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous
substance or condition is eliminated.
(15) Construction Phase Services.
(a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits,
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the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client
waives any claims against the Consultant in any way connected thereto.
(b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice
and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or
responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring
to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to
the construction documents prepared by the Consultant. Consultant neither guarantees the performance of
contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract
documents.
(c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly
provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor
shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client
and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant
shall be made additional insureds under the contractor's general liability insurance policy.
(16) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits
to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights
under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the
written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it
deems appropriate due to project logistics, schedules, or market conditions If the Consultant exercises this right, the
Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the
services are provided by in -house employees, contract employees, or independent subconsultants.
(17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project
and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its
services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential,
the Consultant shall use reasonable care to maintain the confidentiality of that material.
(18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State where the Project is
located. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all
prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral.
Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document
executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void
and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be
ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non - enforcement of
any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement
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ao19-zY�2S
Sue Schmidtbauer
From:
Barbara Thomas
Sent:
Tuesday, August 28, 2018 8:39 AM
To:
Sue Schmidtbauer
Subject:
FW: Northeast Bank Building Plaza Evaluation
From: Kevin Hansen
Sent: Monday, August 27, 2018 11:02 AM
To: Pertzsch, Jerry
Cc: Barbara Thomas
Subject: RE: Northeast Bank Building Plaza Evaluation
Jerry — Thank you for the quick turnaround. Please proceed with the work as described below as an amendment to our Ramp
Facility Assessment contract.
Kevin Hansen I Director of Public Works / City Engineer
City of Columbia Heights I Public Works
}�
63738 th Avenue NE I Columbia Heights, MN 55421
khansen @columbiaheightsmn.gov
2016 All- America City
From: Pertzsch, Jerry [ mailto: Jer !y.Pertzsch;@kimley- horn.com]
Sent: Friday, August 24, 2018 3:35 PM
To: Kevin Hansen
Cc: Tadt, Eric
Subject: Northeast Bank Building Plaza Evaluation
Kevin,
Thanks for taking time to discuss the plaza concerns with me.
Work associated with the plaza consists of :
Direct: (763) 706 -3705
Main: (763) 706 -3700
• Site visit to evaluate the cause of brick popping loose from the walls
• Make recommendations for the removal and replacement of the brick (2 systems)
• High level cost estimated costs for the alternative above
• Prepare report summarizing our findings and recommendations.
The lump sum fee to perform this work will be $2,850 which will be an amendment to the contract for the condition assessment
of the parking ramps.
Please let me know if this is acceptable and we will schedule this work.
Thanks,
Jerry
Jerry Pertzsch, P.E.
Kimley -Horn ) 2550 University Avenue W, St. Paul, MN 55114
Direct: 651 643 0411 1 Mobile: 651 925 7264 1 www.kimley- horn.com
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