HomeMy WebLinkAbout2021-3083�-SEH
Building a Better World
for All of Us "'
March 29, 2021
Mr. Kevin Hansen
Director of Public Works
City of Columbia Heights
637-38th Ave NE.
Columbia Heights, MN 55421
Dear Kevin:
RE: City of Columbia Heights, Minnesota
3939 Central Ave Monopole
SEH No.COLHT 160060 14.00
Short Elliott Hendrickson Inc. (SEH®) is pleased to provide the City of Columbia Heights with this proposal
for the construction administration and observation of the City Monopole project. The proposed scope of
services is divided into two phases, Design (Completed on 3/16/2021) and Construction that includes the
following tasks:
Phase II -Construction
Phase II involves the facilitation, coordination and oversight associated with the construction of a new
telecommunications tower (Monopole).
The following represents an overview of the Project:
1.Construction of a telecommunications tower, following approved regulatory requirements, based on
the above referenced plans and specifications
2.Installation of tower
3.Establishment of the access driveway and Tenant equipment compound
Scope of Services
The scope of work for Phase II is identified under the following Tasks:
Tasks Description
1 Construction Administration
2 Construction Observation
Task 1 Construction Administration
1.Prepare, distribute, and review contract documents.
2.Review submittals and other pertinent documentation associated with the plans/specifications
(Assuming 2 iterations).
3. Coordinate/facilitate pre-construction meeting.
4.Project management to include biweekly status meetings, as based/coordinated with the
contractor's schedule of activities (Assuming 16-week construction schedule).
5.Prepare change orders, as required (Assuming 2).
6. Review monthly pay requests (Assuming 4).
7.Prepare letter of final review and acceptance in coordination with the on-site inspector and as
approved by the City.
Engineers I Architects I Planners I Scientists
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507
651.490.2000 I 800.325.2055 I 888.908.8166 fax I sehinc.com
SEH is 100% employee-owned I Affirmative Action-Equal Opportunity Employer
Contract # 2021-3083
Mr. Kevin Hansen
March 29,2021
Page 2
8.Prepare and distribute project closeout documentation, inclusive of regulatory requirements (As
applicable).
Task 2 Construction Observation
Please note, milestone construction observation is being assumed for this project. It is the intent of
SEH to observe that the construction performed is in compliance with the plans and specifications
during those time periods where our firm is being reimbursed for having a project representative on
site. For time periods where our firm does not have a representative on site, either due to the part-time
nature of the construction observation being requested, or by not being made aware that the
construction activities are occurring by the contractor and/or client, SEH accepts no liability for errors
made during past or current construction activities completed under that condition.
It will be the intent of SEH to provide inspectors experienced with each segment of the work and
identified as tower/telecommunications and civil. Their specific involvement in the project will be
aligned with the contractor's submitted schedule of operations.
1. Prepare and file copies of construction activity reports.
2.Coordinate and monitor field testing, as applicable per the specification.
3.Prepare a weekly status report reflecting project activity and confer on-site bi-weekly with
City staff.
4.Prepare "Punch List" at Substantial Completion.
5.Prepare letter of "Final "acceptance in collaboration with City staff.
Task 2 Construction milestone observation to include:
1 Provide final grade/location stakes for tower foundation construction (1 visit).
2 Geo technical foundation inspection and summary report (1 visit).
3 Civil foundation with steel rebar cage count (1visit).
4 Rebar count and cage verification (1 visit).
5 Concrete pour day with test cylinder observation. Concrete testing by others (12 hours).
6 Civil grounding inspection (1 visit).
7 Monopole installation day ( 12 hours).
8 Site compound completion (1 visit).
9 Fence installation (1 visit).
Compensation
We propose to complete the outlined Professional Services as listed below:
PHASE II: CONSTRUCTION
Task
1.Construction Administration $2,420.00
2.Construction Observation $12,500.00
Total $14,920.00
Additional daily inspection fee as based on 8-hour day, including expenses -$1,050.00.
Agreement for Professional Services
MN
Scope:
Schedule:
Payment:
Other Terms and Conditions:
r:\admin\agreements\telecom\2021\columbia heights. mn\3.29.2021 -agreement.docx
By: By:
Scott D. Haupt
Title: Client Service Manager Title:
Short Elliott Hendrickson Inc. Letter Agreement -2 City of Columbia Heights
ExhibitA-2
to Agreement for Professional Services
Between City of Columbia Heights (Client)
and
Short Elliott Hendrickson Inv. (Consultant)
Dated March 29, 2021
Payments to Consultant for Services and Expenses
Using the Lump Sum Basis Option
The Agreement for Professional Services is amended and supplemented to include the following agreemen of
the parties:
A.Lump Sum Basis Option
The Client and Consultant select the Lump Sum Basis for Payment for services provided by Consultant.
During the course of providing its services, Consultant shall be paid monthly based on Consultant's estimate
of the percentage of the work completed. Necessary expenses and equipment are provided as a part of
Consultant's services and are included in the initial Lump Sum amount for the agreed upon Scope of Work.
Total payments to Consultant for work covered by the Lump Sum Agreement shall not exceed the Lump Sum
amount without written authorization from the Client.
The Lump Sum amount includes compensation for Consultant's services and the services of Consultant's
Consultants, if any for the agreed upon Scope of Work. Appropriate amounts have been incorporated in the
initial Lump Sum to account for labor, overhead, profit, expenses and equipment charges. The Client agrees
to pay for other additional services, equipment, and expenses that may become necessary by amendment to
complete Consultant's services at their normal charge out rates as published by Consultant or as available
commercially.
B.Expenses Not Included in the Lump Sum
The following items involve expenditures made by Consultant employees or professional consultants on
behalf of the Client and shall be paid for as described in this Agreement.
1.Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client.
2.Other special expenses required in connection with the Project.
3.The cost of special consultants or technical services as required. The cost of subconsultant services
shall include actual expenditure plus 10% markup for the cost of administration and insurance.
The Client shall pay Consultant monthly for expenses not included in the Lump Sum amount.
r:\admin\agreements\telecom\2021\columbia heights, mn\3.29.2021 -agreement.docx
Short Elliott Hendrickson (Rev. 10.21.10)
Exhibit A-2 - 1 Error! Reference source not found.
General Conditions of the Agreement for Professional Services
SECTION I -SERVICES OF CONSUL TANT
A. General
1.Consultant agrees to perform professional services as set forth
in the Agreement for Professional Services or Supplemental
Leiter Agreement ("Basic Services"). Nothing contained in this
Agreement shall create a contractual relationship with or a cause
of action in favor of a third party against either the Client or the
Consultant. The Consultant's services under this Agreement are
being performed solely for the Client's benefit. and no other party
or entity shall have any claim against the Consultant because of
this Agreement or the performance or nonperformance of
services hereunder.
B.Schedule
1. Unless specific periods of time or dates for providing services
are specified, Consultant's obligation to render services
hereunder will be for a period which may reasonably be required
for the completion of said services.
2. If Client has requested changes in the scope, extent, or
character of the Project or the services to be provided by
Consultant, the time of performance and compensation for
Consultant's services shall be adjusted equitably. The Client
agrees that Consultant is not responsible for damages arising
directly or indirectly from delays beyond Consultant's control. If
the delays resulting from such causes increase the cost or the
time required by Consultant to perform its services in accordance
with professional skill and care, then Consultant shall be entttled
to a equitable adjustment in schedule and compensation.
C.Additional Services
1. If Consultant determines that any services it has been directed or
requested to perform are beyond the scope as set forth in the
Agreement or that, due to changed conditions or changes in the
method or manner of administration of the Project, Consultant's
effort required to perform its services under this Agreement
exceeds the stated fee for Basic Services, then Consultant shall
promptly notify the Client regarding the need for additional
services. Upon notification and in the absence of a written
objection, Consultant shall be entitled to additional compensation
for the additional services, and to an extension of time for
completion of additional services absent written objection by
Client.
2. Additional services shall be billed in accord with agreed upon
rates, or if not addressed, then at Consultant's standard rates.
0. Suspension an d Termination
1. If Consultant's services are delayed or suspended in whole or in
part by Client, or if Consultant's services are delayed by actions
or inactions of others for m ore than 60 days through no fault of
Consultant, then Consultant shall be entitled to either terminate
its agreement upon 7 days written notice or, at its option, accept
an equitable adjustment of rates and amounts of compensation
provided for elsewhere in this Agreement to reflect reasonable
costs incurred by Consultant.
2. This Agreement may be terminated by either party upon seven
days written notice should the other party fail substantially to
perform in accordance with its terms through no fault of the party
initiating the termination.
3. This Agreement may be terminated by either party upon thirty
days' written notice without cause. All provisions of this
Agreement allocating responsibility or liability between the Client
and Consultant shall survive the completion of the services
hereunder and/or the termination of this Agreement.
4. In the event of termination, Consultant shall be compensated for
services performed prior to termination date, including charges
for expenses and equipment costs then due and all termination
expenses.
General Conditions - 1
(Rev. 07.14.16)
SECTION 11-CLIENT RESPONSIBILITIES
A. General
1.The Client shall, in proper time and sequence and where
appropriate to the Project, at no expense to Consultant, provide
full information as to Client's requirements for the services
provided by Consultant and access to all public and private lands
required for Consultant to perform its services.
2. The Consultant is not a municipal advisor and therefore Client
shall provide its own legal, accounting, financial and insurance
counseling and other special services as may be required for the
Project. aient shall provide to Consultant all data (and
professional interpretations thereof) prepared by or services
performed by others pertinent to Consultant's services, including
but not limited to, previous reports; sub-surface explorations;
laboratory tests and inspection of samples; environmental
assess ment and impact statements, surveys, property
descriptions; zoning, deed and other land use restrictions; as
built drawings, electronic data base and maps. The costs
associated with correcting, creating or recreating any data that is
provided by the Client that contains inaccurate or unusable
information shall be the responsibility of the Client.
3.Client shall provide prompt written notice to Consultant whenever
the Client observes or otherwise becomes aware of any changes
in the Project or any defect in Consultant's services. Client shall
promptly examine all studies, reports, sketches, opinions of
construction costs, specifications, drawings, proposals, change
orders, supplemental agreements and other documents
presented by Consultant and render the necessary decisions
and instructions so that Consultant may provide services in a
timely manner.
4. Client shall require all utilities with facilities within the Client's
Project site to locate and mark said utilities upon request,
relocate and/or protect said utilities as determined necessary to
accommodate work of the Project, submit a schedule of the
necessary relocation/protection activities to the Client for review
and comply with agreed upon schedule. Consultant shall not be
liable for damages which arise out of Consultant's reasonable
reliance on the information or services furnished by utilities to
Client or others hired by Cli ent.
5. Consultant shall be entitled to rely on the accuracy and
completeness of information or services furnished by the Client
or others employed by the Client and shall not be liable for
dam ages arising from reasonable reliance on such materials.
Consultant shall promptly notify the Client if Consultant discovers
that any information or services furnished by the Client is in error
or is inadequate for its purpose.
SECTION Ill -PAYMENTS
A. Invoices
1. Undisputed portions of invoices are due and payable within 30
days. Client must notify Consultant in writing of any disputed
items within 15 days from receipt of invoice. Amounts due
Consultant will be increased at the rate of 1.0% per month (or
the maximum rate of interest permitted by law, if less) for
invoices 30 days past due. Consultant reserves the right to retain
Instruments of Service until all invoices are paid in full.
Consultant will not be liable for any claims of loss, delay, or
dam age by Client for reason of withholding services or
Instruments of Service until all invoices are paid in full.
Consultant shall be entitled to recover all reasonable costs and
disbursements, including reasonable attorney's fees, incurred in
connection with collecting amounts owed by Client.
2. Should taxes, fees or costs be imposed, they shall be in addition
to Consultant's agreed upon compensation.
3. Notwithstanding anything to the contrary herein, Consultant may
pursue collection of past due invoices without the necessity of
any mediation proceedings.
SECTION IV-GENERAL CONSIDERATIONS
A. Standards of Performance
1. The standard of care for all professional engineering and related
services performed or furnished by Consultant under this
Agreement will be the care and skill ordinarily exercised by
members of Consultant's profession practicing under similar
circumstances at the same time and in the same locality.
Consultant makes no warranties, express or implied, under this
Agreement or otherwise, in connection with its services.
2. Consultant neither guarantees the performance of any
Contractor nor assumes responsibility for any Contractor's failure
to furnish and perform the work in accordance �h its
construction contract or the construction documents prepared by
Consultant. Client acknowledges Consultant will not direct,
supervise or control the work of construction contractors or their
subcontractors at the site or otherwise. Consultant shall have no
authority over or responsibility for the contractor's acts or
omissions, nor for its means, methods or procedures of
construction. Consultant's services do not include review or
evaluation of the Client's, contractor's or subcontractor's safety
measures, or job site safety or furnishing or performing any of
the Contractor's work.
3. If requested in the scope of a Supplemental Letter Agreement,
then Consultant may provide an Opinion of Probable
Construction Cost. Consultant's Opinions of Probable
Construction Cost provided for herein are to be made on the
basis of Consultant's experience and qualifications and
represent Consultant's best judgment as a profe ssional generally
familiar with the indu stry. However. since Consultant has no
control over the cost of labor, materials, equipment or service
furnished by others, or over the Contractor's meth ods of
determining prices, or over competitive bidding or market
conditions, Consultant cannot and does not guarantee that
proposals, bids or actual construction cost will not vary from
Opinions of Construction Cost prepared by Consultant. If Client
wishes greater assurance as to probable Construction Cost,
Client shall employ an independent cost estimator or negotiate
additional services and fees �h Consultant.
B.Indemnity for Environmental Issues
1. Consultant is not a user, generator, handler, operator, arranger,
storer, transporter or disposer of hazardous or toxic substances,
therefore the Client agrees to hold harmless, indemnify and
defend Consultant and Consultant's officers. directors,
subconsultant(s), employees and agents from and against any
and all claims, losses, damages, liability and costs, including but
not limited to costs of defense, arising out of or in any way
connected with, the presence, discharge, release, or escape of
hazardous or toxic substances, pollutants or contaminants of any
kind at the site.
C. Limitations on Consultant's Liability
1.The Client hereby agrees that to the fullest extent permitted by
law, Consultant's total liability to the Client for any and all
injuries, claims, losses, expenses, or damages whatsoever
arising out of or in any way related to the Project or this
Agreement from any cause or causes including, but not limited
to, Consultant's negligence, errors, omissions, strict liability,
breach of contract or breach of warranty shall not exceed five
hundred thousand dollars ($500,000). In the event Client desires
limits of liability in excess of those provided in this paragraph,
Client shall advise Consultant in writing and agree that
Consultant's fee shall increase by 1 % for each additional five
hundred thousand dollars of liability limits, up to a maximum limit
of liability of five million dollars ($5,000,000).
2.Neither Party shall be liable to the other for consequential
damages, including, without limitation, lost rentals, increased
rental expenses, loss of use, loss of income, lost profit, financing,
business and reputation and for loss of management or
employee productivity, incurred by one another or their
subsidiaries or successors, regardless of whether such damages
are foreseeable and are caused by breach of contract, willful
misconduct, negligent act or omission, or other wrongful act of
either of them.
3.it is intended by the parties to this Agreement that Consultant's
services shall not subject Consultant's employees, officers or
directors to any personal legal exposure for the risks associated
General Conditions - 2
(Rev. 07.14.16)
with this Agreement. The Client agrees that as the Client's sole
and exclusive remedy, any claim, demand or suit shall be
directed and/or asserted only against Consultant, and not
against any of Consultant's individual employees, officers or
directors, and Client knowingly waives all such claims against
Consultant individual employees, officers or directors .
D.Assignment
1. Neither party to this Agreement shall transfer, sublet or assign
any rights under, or interests in, this Agreement or claims based
on this Agreement without the prior written consent of the other
party. Any assignment in violation of this subsection shall be null
and void.
SECTION V -DISPUTE RESOLUTION
A. Mediation
1. Any dispute between Client and Consultant arising out of or
relating to this Agreement or services provided under this
Agreement, (except for unpaid invoices which are governed by
Section Ill), shall be submitted to nonbinding mediation as a
precondition to litigation unless the parties mutually agree
other.vise. Mediation shall occur within 60 days of a written
demand for mediation unless Consultant and Client mutually
agree other.vise.
B. Litigation -Choice of Venue and Jurisdiction
1. Any dispute not settled through mediation shall be settled
through litigation in the state where the Project at issue is
located.
SECTION VI -INTELLECTUAL PROPERTY
A. Proprietary Information
1. All documents, including reports, drawings, calculations,
specifications, CADD materials, computers software or hardware
or other work product prepared by Consultant pursuant to this
Agreement are Consultant's Instruments of Service ("Instruments
of Service") and Consultant retains all ownership interests in
Instruments of Service, including all available copyrights.
2. Consultant shall retain all of its rights in its proprietary
information including, v.ithout limitation. its methodologies and
methods of analysis, ideas, concepts, expressions, inventions,
know how, methods, techniques, skills, knowledge and
experience possessed by Consultant prior to, or acquired by
Consultant during, the performance of this Agreement and the
same shall not be deemed to be Work Product or Work for Hire
and Consultant shall not be restricted in any way with respect
thereto.
B. Client Use of Instruments of Service
1. Provided that Consultant has been paid in full for its services,
Client shall have the right in the form of a license to use
Instruments of Service resulting from Consultant's efforts on the
Project. Consultant shall retain full rights to electronic data and
the drawings, specifications, including those in electronic form,
prepared by Consultant and its subconsultants and the right to
reuse component information contained in them in the normal
course of Consultant's professional activities. Consultant shall be
deemed to be the author of such Instruments of Service,
electronic data or documents, and shall be given appropriate
credit in any public display of such Instruments of Service.
2. Records requests or requests for additional copies of
Instruments of Services outside of the scope of services are
available to Client subject to Consultant's current rate schedule.
C. Reuse of Documents
1. All Instruments of Service prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for
reuse by the Client or others on extensions of the Project or on
any other Project. Any reuse of the Instruments of Service
without written consent or adaptation by Consultant for the
specific purpose intended will be at the Client's sole risk and
without liability or legal exposure to Consultant; and the Client
shall release Consultant from all claims ar ising from such use.
Client shall also defend, indemnify and hold harmless Consultant
from all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting from reuse of
Consultant documents without written consent.