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HomeMy WebLinkAbout2021-4016Agreement for Professional Services This Agreement is effective as of June 29, 2021, between City of Columbia Heights (Client) and Short Elliott Hendrickson Inc. (Consultant). This Agreement authorizes and describes the scope, schedule, and payment conditions for Consultant's work on the Project described as: 37th Avenue Water Main Rehabilitation Project. Client's Authorized Representative: Kevin Hansen Address: 637 38th Ave NE Columbia Height: Telephone: 763.706.3700 MN 55421 email: khansen@columbiaheightsmn.gov Project Manager: Dave Hutton Address: 10400 Yellow Circle Drive, Suite 500 Minnetonka, MN 55343 Telephone: 952.797.2329 email: dhutton@sehinc.com Scope: The Basic Services to be provided by Consultant as set forth herein are provided subject to the attached General Conditions of the Agreement for Professional Services (General Conditions Rev. 07.14.16), which is incorporated by reference herein and subject to Exhibits attached to this Agreement. See attached letter for detailed scope for our design services. Schedule: See attached letter for proposed schedule. Payment: The estimated fee is subject to a not -to -exceed amount of $18,600 including expenses and equipment as outlined in the attached Task Hour Budget. The payment method, basis, frequency and other special conditions are set forth in attached Exhibit A-1. This Agreement for Professional Services, attached General Conditions, Exhibits and any Attachments (collectively referred to as the "Agreement") supersedes all prior contemporaneous oral or written agreements and represents the entire understanding between Client and Consultant with respect to the services to be provided by Consultant hereunder. In the event of a conflict between the documents, this document and the attached General Conditions shall take precedence over all other Exhibits unless noted below under "Other Terms and Conditions". The Agreement for Professional Services and the General Conditions (including scope, schedule, fee and signatures) shall take precedence over attached Exhibits. This Agreement may not be amended except by written agreement signed by the authorized representatives of each party. Other Terms and Conditions: Other or additional terms contrary to the General Conditions that apply solely to this project as specifically agreed to by signature of the Parties and set forth herein: None Short Elliott Hendrickson Inc. Scott Haupt Title: Client Services Manager City of Columbia Height r By: Title: Ma or City Manag x:\ko%mlmnpls115680711-gen1110-setup-cont103-proposal137th wm propsal deh 06212111tr agreement for prof services docx Short Elliott Hendrickson Inc. Letter Agreement - 1 City of Columbia Heights Affirmative Action, Equal Opportunity Employer (Rev. 11.08.18aa) Exhibit A-1 to Agreement for Professional Services Between City of Columbia Heights (Client) and Short Elliott Hendrickson Inc. (Consultant) Dated June 29, 2021 Payments to Consultant for Services and Expenses Using the Hourly Basis Option The Agreement for Professional Services is amended and supplemented to include the following agreement of the parties: A. Hourly Basis Option The Client and Consultant select the hourly basis for payment for services provided by Consultant. Consultant shall be compensated monthly. Monthly charges for services shall be based on Consultant's current billing rates for applicable employees plus charges for expenses and equipment. Consultant will provide an estimate of the costs for services in this Agreement. It is agreed that after 90% of the estimated compensation has been earned and if it appears that completion of the services cannot be accomplished within the remaining 10% of the estimated compensation, Consultant will notify the Client and confer with representatives of the Client to determine the basis for completing the work. Compensation to Consultant based on the rates is conditioned on completion of the work within the effective period of the rates. Should the time required to complete the work be extended beyond this period, the rates shall be appropriately adjusted. B. Expenses The following items involve expenditures made by Consultant employees or professional consultants on behalf of the Client. Their costs are not included in the hourly charges made for services and shall be paid for as described in this Agreement but instead are reimbursable expenses required in addition to hourly charges for services: 1. Transportation and travel expenses. 2. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets. 3. Lodging and meal expense connected with the Project. 4. Fees paid, in the name of the Client, for securing approval of authorities having jurisdiction over the Project. 5. Plots, Reports, plan and specification reproduction expenses. 6. Postage, handling and delivery. 7. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client. 8. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Client. 9. All taxes levied on professional services and on reimbursable expenses. 10. Other special expenses required in connection with the Project. 11. 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. Short Elliott Hendrickson Inc. Exhibit A-1 - 1 City of Columbia Heights (Rev. 02 06.14) C. Equipment Utilization The utilization of specialized equipment, including automation equipment, is recognized as benefiting the Client. The Client, therefore, agrees to pay the cost for the use of such specialized equipment on the project. Consultant invoices to the Client will contain detailed information regarding the use of specialized equipment on the project and charges will be based on the standard rates for the equipment published by Consultant. The Client shall pay Consultant monthly for equipment utilization. x:lkoUnlmnpls115660711-genhIO-setup-cont103-proposal137thwm propsal deh 0621211design proposal onlylexhibit a1 docx Short Elliott Hendrickson Inc. Exhibit A-1 - 2 City of Columbia Heights (Rev. 02.06.14) General Conditions of the Agreement for Professional Services SECTION I — SERVICES OF CONSULTANT A. General 1. Consultant agrees to perform professional services as set forth in the Agreement for Professional Services or Supplemental Letter 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 entitled 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 forthe 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. D. Suspension and 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 more 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. SECTION II —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 Client 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 assessment 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 Client. 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 damages 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 III — 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 damage 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 General Conditions - 1 (Rev 07.14.16) 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 with 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 subcontractors safety measures, orjob 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 professional generally familiar with the industry. However, since Consultant has no control over the cost of labor, materials, equipment or service furnished by others, or over the Contractors methods 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 with 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 anyway 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 ofwhether 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 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 nul 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 III), shall be submitted to nonbinding mediation as a precondition to litigation unless the parties mutually agree otherwise. Mediation shall occur within 60 days of a written demand for mediation unless Consultant and Client mutually agree otherwise. 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, without 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 arising 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. General Conditions - 2 (Rev. 07.14 16) SEH Building a Better World for All of Us' June 29, 2021 Mr. Kevin Hansen, PE Public Works Director City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Dear Mr. Hansen: RE: City of Columbia Heights 37th Avenue NE Proposal for Water Main Replacement SEH No. 156807 10.00 As you are aware, we are currently under contract with the City of Minneapolis to complete design services associated with the 37th Avenue NE reconstruction project. You recently reached out to our Project Manager, KC Atkins, and requested a proposal to provide design services associated with replacing the City of Columbia Height's water main on 37th Avenue. Our understanding is that the City desires the water main work to be completed in 2022 ahead of the 2023 street project schedule. I'd like to take this time to thank you for expressing interest in utilizing SEH's professional services and specifically our water main and trenchless utility construction expertise. We are submitting the Letter Agreement for Professional Services for your consideration. BACKGROUND/PROJECT OVERVIEW The 6-inch water main in question extends from approximately Reservoir Boulevard NE to Buchanan Street NE per the attached exhibit you have provided. The City is proposing a combination of both traditional open cut trench construction methods and trenchless pipe bursting methods. There are several service laterals directly off this main, along with numerous other cross street mains at the intersections. There are numerous other fire hydrants, valves and other standard water main appurtenance along this section of main. The City is looking to replace this main and upgrade to an 8-inch pipe in three segments with one segment being completed in 2021 and the remaining segments in 2022. Our assumption is that this will be designed as one project for bidding and the City will determine any phased construction as the bidding documents are prepared. It is our understanding that the City will provide the inspection services for installation of the proposed water main. The goal of the project is to minimize the amount of pavement that will need to be removed and replaced for the water main project as the complete street profile will be removed and replaced in 2023. Temporary bituminous restoration is anticipated rather than the full concrete street section that exists now. Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc., 10400 Yellow Circle Drive, Suite 500, Minnetonka, MN 55343-9229 952.912.2600 1 800 734 6757 1 888.908.8166 fax I sehinc.com SEH is 100% employee -owned I Affirmative Action -Equal Opportunity Employer Mr. Kevin Hansen June 29, 2021 Page 2 SCOPE OF WORK Attached is a detailed Task Hour Budget outlining our proposed scope of work and hours for each task. Currently we are developing a Technical Memorandum outlining the costs and pros/cons of numerous rehabilitation options, including trenchless and traditional methods. While the City is proposing pipe bursting, we are evaluating other potential methods including Cured in Place Pipe (CIPP) lining as an alternative to rehabilitate this main rather than excavation or pipe bursting. Cost estimates, overall impacts, and advantages/disadvantages of trenchless solutions, as compared to the traditional dig and replace method are being developed in this Technical Memorandum. The results of the Technical Memorandum will be the basis for the final design criteria and development of final plans, specifications and bid documents. The following points and detailed scope items are outlined in the attached Task Hour Budget but generally consist of the following tasks. 1. Once a design option is selected, we will develop final design plans, specifications, and cost estimate to enable the City to bid the project later in the year or early next year. For the trenchless portions of the project, the plans are more GIS based with detailed, proven technical specifications. For the excavation sections, the plans would be traditional CAD based plan and profile sheets. We assume the City will utilize their front-end specs and that we will provide the technical specification on the project. 2. Provide bidding services, such as answer bidder questions, prepare any addendum, attend the bid opening, develop the detailed bid tabulation, and provide an award recommendation on the results. 3. We propose the following meetings with City staff. a. The first meeting would be to review the final alternatives options in the Technical Memorandum and reach consensus on the final design option. b. The second meeting would be to review the preliminary construction plans and address any comments received during the preliminary review. c. We have not budgeted any Council meetings in our scope, assuming City staff will make any presentations to Council. ASSUMPTIONS The following assumptions are the basis for our scope and fee: 1. The topo survey is essentially completed, although we have budgeted eight (8) hours in the event we need to collect any supplemental field information. 2. No geotechnical work is proposed. If any soil borings are necessary beyond what has already been obtained for the 37th Avenue Project, the City will retain a geotechnical firm directly. 3. All pavement restoration is intended to be temporary and interim for one year prior to the full street project being constructed. Therefore, we will not develop any detailed roadway sections or any other permanent roadway design sheets. 4. We are assuming the City will handle any needed communication or engagement with property owners, therefore no time has been included in our proposal for these efforts. SCHEDULE We will work with the City to determine the appropriate schedule that meets their needs, but it is our intent to have the alternatives analyses completed within four (4) weeks of receiving the notice to proceed, Mr. Kevin Hansen June 29, 2021 Page 3 assuming that the data requested from the City is provided in a timely fashion. Once a final decision is made on the design option to be utilized, we will have plans and specifications ready for bidding in eight to ten (8 to10) weeks. The approximate schedule is as follows: Milestone dates Notice to Proceed Date July 1, 2021 Design option selected July 31, 2021 Draft plans and specifications available October 29, 2021 Final Deliverables ready for bidding December 1, 2021 If the City desires a more aggressive timetable, please let us know and we can adjust our schedule accordingly. COMPENSATION The enclosed Task Hour Budget for 37th Avenue Water Main design project describes in detail our approach to complete the Scope of Work described in this letter proposal. Our proposed fee is an hourly, not -to -exceed amount estimated to be $18,600 including expenses. We will not exceed that amount without prior approval. If you would like to retain SEH to assist with these services, please sign the attached standard agreement for the work. The SEH project team will be led by Dave Hutton, Senior Project Manager. We look forward to working with you and your staff on this project. We have the experience and staff available to immediately start work and deliver a successful project to the City. If you have any questions or comments, please do not hesitate to contact me at 952-707-2329 or dhutton _-sehinc.com. Thank you for considering SEH for your consulting engineering needs. Sincerely, SHORT ELLIOTT HENDRICKSON INC. (- �-' 114 /*�/ David E Hutton, PE (Lic. MN, ND, wig Senior Project Manager Scott D. Haupt, PE (Lic. MN, wi) Client Service Manager Enclosures mh x:\ko\m\mnpls\156807\1-genl\10-setup-cunt\03-proposal\37th wm propsal deh 062121\design proposal only\proposal letter design only docx lz�l W W O P N r t0 r u9 N o r O G r O r N V N N a0 N V r t0to a d OD N a) C C N O O N N E m u Y m m O. L- U C O O .L+ la UA m 0 C m m Y7/ 7 7 O H d j Q y 0 O a CI N Y CJm -0cwv c a 7 m N a, m U �+ c m N '= ❑ Y m m �_ al > E m o5 0_ d 3 E a) a a Y N L E U U N .N C a) a) a) O L O v~ m 0 E in c () aI O) C �J O a) N d al C v u 3 w m 8 m 2 > v o_ c°, '_ 7 E n o ° a m N ° v > m aci a N cmi a3i c� L ami m a m c v m m m C d` V O W E N m v a « a C O w ` N 6 m Y n m C d L y m w cam �N � rnc °v aOEC1 � � u wm O. 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Pipe Burst (2022)• r _ ... '�- , �' 1 - � "� � - t � - - - _ -_ �• .. ! - -ter I�.�+r� Home Service Lines Fire Hydrants } Supplemental Letter Agreement In accordance with the Master Agreement for Professional Services between City of Columbia Heights ("Client"), and Short Elliott Hendrickson Inc. ("Consultant"), effective 6/29/2021, this Supplemental Letter Agreement dated 3/7/2022 authorizes and describes the scope, schedule, and payment conditions for Consultant's work on the Project described as: 37th Ave Watermain Rehabilitation Project Construction Services Client's Authorized Representative: Kevin Hansen Address: 637 38th Ave NE Columbia Heights, MN 55421 Telephone: 763.706.3705 Project Manager: Dave Hutton email: khansen@columbiaheights.gov Address: 10400 Yellow Circle Drive, Suite 500 Minnetonka, Mn 55343 Telephone: 952.797.2329 email: dhutton@sehinc.com Scope: The Basic Services to be provided by Consultant are described as follows: Providing full trenchless rehabilitation construction services for the 37th Ave Watermain rehabilitation project by Cured in Place Pipe Lining. (CIPP). Our detailed scope is outlined in the attached Task Hour Budget, but generally consists of the following items: 1. Reviewing and approving all CIPP required submittals 2. Pre and Post Lining CCTV reviews 3. Reviewing and approving of a temporary water system plan 4. Part time field inspection — assumes 10 hours per week for up to 12 weeks 5. Monitoring and ensuring proper traffic control and safety measures are incorporated by the contractor. 6. Post lining testing and approvals 7. All excavation restoration work — ensuring watermain and appurtenance installation, subgrade compaction, pavement, turf establishment etc. It is assumed the City will supply a materials testing company needed for any restoration work and get invoice directly for any of their services. 8. Contract administration services such as the preconstruction meeting, weekly construction meeting agendas, minutes, pay vouchers, close out procedures, etc. 9. We have budgeted time to develop an additional plan sheet for an assumed 500 +/- LF of additional watermain lining that will be added to the project as a Change Order Schedule: Based on comments provided by the contractor at the bid opening, they would prefer to mobilize and do the work early in the season, starting approximately by mid -April. The construction work is expected to take 12 weeks total. The completion date in the contract is September 30, 2022. Payment: The estimated fee is hourly subject to a not to exceed amount of $34,928 including expenses and equipment using 2022 hourly rates, which are attached. The payment method, basis, frequency, and other special conditions are set forth in attached Exhibit A-1 Short Elliott Hendrickson Inc. Supplemental Letter Agreement - 1 City of Columbia Heights Affirmative Action, Equal Opportunity Employer (Rev. 04.04.14aa) Other Terms and Conditions: Other or additional terms contrary to the Master Agreement for Professional Services that apply solely to this project as specifically agreed to by signature of the Parties and set forth herein: None x:\ae\c\wlht\166296\1-genl\10-setupcont\03-proposallsuppl Itr agreement.docx Short Elliott Hendrickson Inc. By: -44W V 4& Scott Haupt Title: Client Services Manager City of Columbia Heights By. Title: Mavor By: _ Title: City Manager Short Elliott Hendrickson Inc. Supplemental Letter Agreement - 2 City of Columbia Heights (Rev. 04.04.14aa) Exhibit A-1 to Supplemental Agreement Between City of Columbia Heights (Client) and Short Elliott Hendrickson Inc. (Consultant) Dated March 7, 2022 Payments to Consultant for Services and Expenses Using the Hourly Basis Option The Agreement for Professional Services is amended and supplemented to include the following agreement of the parties: A. Hourly Basis Option The Client and Consultant select the hourly basis for payment for services provided by Consultant. Consultant shall be compensated monthly. Monthly charges for services shall be based on Consultant's current billing rates for applicable employees plus charges for expenses and equipment. Consultant will provide an estimate of the costs for services in this Agreement. It is agreed that after 90% of the estimated compensation has been earned and if it appears that completion of the services cannot be accomplished within the remaining 10% of the estimated compensation, Consultant will notify the Client and confer with representatives of the Client to determine the basis for completing the work. Compensation to Consultant based on the rates is conditioned on completion of the work within the effective period of the rates. Should the time required to complete the work be extended beyond this period, the rates shall be appropriately adjusted. B. Expenses The following items involve expenditures made by Consultant employees or professional consultants on behalf of the Client. Their costs are not included in the hourly charges made for services and shall be paid for as described in this Agreement but instead are reimbursable expenses required in addition to hourly charges for services: 1. Transportation and travel expenses. 2. Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets. 3. Lodging and meal expense connected with the Project. 4. Fees paid, in the name of the Client, for securing approval of authorities having jurisdiction over the Project. 5. Plots, Reports, plan and specification reproduction expenses. 6. Postage, handling and delivery. 7. Expense of overtime work requiring higher than regular rates, if authorized in advance by the Client. 8. Renderings, models, mock-ups, professional photography, and presentation materials requested by the Client. 9. All taxes levied on professional services and on reimbursable expenses. 10. Other special expenses required in connection with the Project. 11. 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. Short Elliott Hendrickson Inc. Exhibit A-1 - 1 City of Columbia Heights (Rev. 02.06.14) C. Equipment Utilization The utilization of specialized equipment, including automation equipment, is recognized as benefiting the Client. The Client, therefore, agrees to pay the cost for the use of such specialized equipment on the project. Consultant invoices to the Client will contain detailed information regarding the use of specialized equipment on the project and charges will be based on the standard rates for the equipment published by Consultant. The Client shall pay Consultant monthly for equipment utilization. x:1ae\c\colht\166296\1-genl\10-setup-cont\03-proposaRexhib t a-1.docx Short Elliott Hendrickson Inc. Exhibit A-1 - 2 City of Columbia Heights (Rev. 02.06.14) SEH Hourly Billable Rates - 2022 Classification - Office Staff Billable Rate(1) Principal $175 - $295 Project Manager $145 - $260 Senior Project Specialist $140 - $240 Project Specialist $105 - $190 Senior Professional Engineer 1 $120 - $195 Senior Professional Engineer II $145 - $245 Professional Engineer $110 - $180 Graduate Engineer $90 - $150 Senior Architect $130 - $230 Architect $115 - $165 Graduate Architect $90 - $120 Senior Landscape Architect $120 - $185 Landscape Architect $100 - $135 Graduate Landscape Architect $90 - $110 Senior Scientist $135 - $185 Scientist $95 - $150 Graduate Scientist $85 - $115 Senior Planner $135 - $230 Planner $105 - $165 Graduate Planner $95 - $130 Senior GIS Analyst $115 - $190 GIS Analyst $105 - $130 Project Design Leader $125 - $200 Lead Technician $110 - $185 Senior Technician $95 - $150 Technician $65 - $125 Graphic Designer $95 - $160 Administrative Professional $55 - $140 Classification -- Field Staff Billable Professional Land Surveyor $115 - $175 Lead Resident Project Representative $100 - $170 Sr. Project Representative $95 - $150 Project Representative $80 - $135 Survey Crew Chief $90 - $150 Survey Instrument Operator $60 - $105 (1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. Effective: January 1, 2022 Expires: December 31, 2022 AJ SEH Building a Better World for All of Us` SHORT ELLIOTT HENDRICKSON INC. SEH Schedule of Expenses - 2022 Vehicle Mileage Rates 2022 IRS Rate .................................. .............. $.58 Vehicle Allowance Costs Resident Project Representative .............................................. $16.00/day Survey and Field Vehicle ............. $4.50/hour + 2022 IRS mileage rate/mile Survey Equipment Robotic Total Station................................................................ $30.00/hour Global Positioning System (GPS)........................................... $30.00/hour Computer Equipment Computer Charges per Direct Hour of Labor ............................ $3.00/hour Other Equipment Expenses SEH uses many different types of equipment, such as traffic counters; flow meters; air, water, and soil sampling kits; inspection cameras; density meters; 3-13 printers; drones, and many others. Our equipment is frequently upgraded to utilize current technology. You will be charged for equipment usage per your agreement with SEH. Rates are subject to change. Identifiable Reproduction and Reprographic Costs (1) (2) Item $1/AX11 11x17 Large Format Per item Black/White Co (3) 0.07 0.24 0.95 + 0.50/sq. ft. Color Co (3) 0.46 1.02 0.95 + 2.55/sq. ft. M lar 5.00 CD Copy 3.00 Lamination 2.00 3.50 3.50/s . ft. Laminated Foamcore — up to 30"x 42" — larger than 40"x 60" 40.00 75.00 3-Ring Binder size 1" 2" 3" 4" cost 3.20 4.80 5.60 7.24 Machine Folding 0.02 Binding wire comb 3.60 3.20 Covers custom blank 0.15 0.03 Tabs (white) _ 0.20 Mailing/ProcessingUPS or USPS rates M prices include operator time (Z) prices denote single -sided printing (3) standard stock, white paper used for pricing Prices are subject to change and may not be accompanied by immediate notification - A. Jam. SEH Building a Better World for All of Us` SHORT ELLIOTT HENDRICKSON INC. 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