HomeMy WebLinkAbout5N, Approve a Contract with Kimley Horn, Inc., for Old Highway 10 Bridge Design�
EN HILLS
Request for Council Action
Prepared By: Terry Maurer, Public Works Director Council Meeting Date: December 12, 2011
Motion to Approve a Contract with Kimley Horn, Inc., for Old Highway 10 Bridge Design
Budgeted Amount: Actual Amount: Funding Source:
$0 $69,000 PIR Fund
Recommendation:
Authorize staff to enter into an agreement with Kimley-Horn and Associates for fmal bridge design
services at a cost not to exceed $69,000.
SupportinE Documents:
• Memorandum dated December 12, 2011 from Terry Maurer, Public Works Director.
• Attachment A— Memorandum dated October 15, 2010, from Matt Jensen, P.E.
• Attachment B— Letter dated December 7, 201 l, addressed to Terry Maurer, Public Works
Director.
.�
-��HILLS
MEMORANDUM
DATE: December 12, 2011
TO: Honorable Mayor and City Councilmembers
Patrick HIaers, City Administrator
FROM: Terry Maurer, Public Works Director
SUBJECT: Old Snelling Bridge Pr�posal
Kimley-Horn and Associates
Back�round
In December 2010, the City prepared a Preliminary Scoping Document to look at
potential upgrades to Old Snelling Avenue between County Road E and TH 51. Kimley-
Horn and Associates were chosen from the proposals received to complete the
preliminary analysis on the bridge at the south end. Their preliminary analysis of the
bridge and estimated replacement cost is contained in the memo dated October 15, 2010,
and a copy is attached to this memo (Attachment A).
Generally, every bonding year the State legislature authorizes bridge bonding to help
defer the construction costs of bridges on local and county road systems. Currently a
bridge such as the one on Snelling Avenue can apply for up to half the construction cost
from this program. In order to apply, the bridge plans must be complete and approved by
the State Aid Office at Mn/DOT. Preparing bridge plans can take over a year due to the
hydraulic analysis that must be completed and approved by sometimes numerous
agencies.
At the October 24, 2011, Work Session, regarding transportation issues, the City Council
directed staff to work with Kimley-Horn on a proposal to complete the next step in the
bridge replacement process which is preparation of final plans so the City may apply for
bridge bonding monies for the construction. Attached is a proposal from Matt Jensen of
Kimley-Horn for these services.
The scope of services covers all services needed to prepare final plans and have them
approved by Mn/DOT and all work needed for the required permit applications. It does
City Council Meeting
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not include the actual permits application submitta.l since these permits are only valid for
a set period of time and typically are not applied for until the project is ready to move
forward. The total cost of Kimley-Horn's services on an hourly basis is estimated at
$69,900. A copy of the proposal is attached (Attachment B). This amount is in line with
the estimated overhead costs laid out in the 2010 preliminary bridge analysis for the tasks
included in the proposal.
Council Action Requested
Authorize staff to enter into an agreement with Kimley-Horn and Associates for iinal
bridge design services at a cost not to exceed $69,900.
City Council Meeting
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Attachment
Memorandum Dated October 15, 2010 From
Matt Jensen, P.E.
�
EN HII,LS
City of Arden Hills
City Council Meeting for December 12, 2011
� Kimley-Norn
_ and Associates, lnc.
Technical Me�norundu�n
Date: October 15; 201fl
To: Mr. Matt Woodruff, P.E.
City of Arden Hills
From: Matt Jensen, P.E.
Kimley-Horn and Associates, Inc.
R�: Old Snelling Avenue Bridge
Bridge 4627
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Suite 345N
2550 University Avenue West
St. Paul, Minnesota
55114
Kimley-Horn and Associates, Inc. is pleased to submit this technical
memorandu�n to the City of Arden Hills for structural review and
recominendations for Bridge 4627 as part ofa preliminary project report for the
improvemenfis to Old Sneiling Avenue.
The City of Arden Hills is evaluating improvements to the segment of Old
Snelling Avenue from County Road E to TH 51. The segment is approximately
4,300 feet long, lies within a 2fl0-foot right-of-way and is a Municipal State Aid
Roadway (MSAS 111). Bridge 4627 is located at the south end of the segment
near TH 51.
The City retained I�imley-Horn to assist in an evaluation of the existing structure
(Bridge 4627), and provide a recommendation for rehabilitation or repiacement
of the stcucture and an estimates of the anticipated construction costs. Also
provided is a list of the anticipated permits for the bridge replacement alternarive.
The City is evaluating the roadway and trail components of the project.
Condition of the Existing Structure
Bridge 4627 is a concrete slab bridge spanning 20-feet oVer a drainage ditch and
was constructed in. 1926_ The structure carries Old Snelling Avenue vehicular
traffic over the Lake Josephine discharge channet that flows to Lake Johanna.
The bridge provides a roadway wi�th of 33-feet.
Annual safety inspections of the structure have beeh provided by Ramsey
County; the last inspection occurred in June 2009. We were also able to obtain
and review the bridge plans from the original construction. Kimley-Horn
conducted a site visit on October 12, 2010 to review and verify the bridge safety
inspection information.
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TEL 651 fi45 4197
FAX 651 645 5176
Mr Matt Woodruff, P.E.
October I5, 20111
Page 2 oj4
The condition of the existing bridge is generally consistent with the Ramsey
County inspection reports. The structure is load posted and has oniy about 1/3
the normal capacity of a typical bridge design loading.
The bridge consists
of a concrete slab
span supported by
concrete abutments
on spread footings.
No design loading
is provided on the
plans. According to
the bridge inventory
report, the most
recent ioad rating
for the structure
was conducted in
1981 but was not
able to be obtained
at the time this
memo was written.
Kimiey-Horn did Figure 1: 8ridge 4627
not perform a
structural analysis or rating of the existing bridge.
The concrete deck is covered with a bituminous overlay, which prevents direct
visual observation of the top of the slab. �he bottom of the concrete slab is
visible from below and is generally in fair condition except for a large spall at
mid-span on the west side of the bridge. The reinforcing bars are exposed and
have significant corrosion. There is also spalling around the deck tlrains. Based
upon field measurements compared to the plans, there may be up to 8-inches of
bituminous overlay on the structure.
The abuhnents are cast-in-place and supported by spread footings. The
abutments are in fair condition, with minor surface spalling or cracking. The
wingwalls extend at a 45-degree angle from the front face of the abutments and
on the shared spread footing ihat extends to the ends of these walls. The
wingwalls also have minor spalling and degradation.
Evaluation of the Existing Structure
The existing bridge has 84 years of service and is showing its age. While leaving
the bridge does provide a less expensive project and would not require changes to
the flood insurance maps, we contend the disadvantages of leaving the bridge in
place outweigh these considerations.
The bridge is load posted, meaning that it does not have the capacity to support
normal roadway loads. For the structure to remain in service, it will require
continued load posting since strengthening of the structure is not feasible. The
Mr. Mall Woodruff, P.E.
October IS, 20l0
Page 3 of 4
structure will continue to deteriorate, with the core of the deterioration occurring
at the deck spall under the southbound lanes_ Based upon normal deterioration
levels, we anticipate this structure will be considered Structurally Deficient in the
next few years.
The existing bridge also does not provide the necessary width to ailow two-way
vehicular traffic and the desired shared-use (bicycle and pedestrian) path along
Oid Snelling Avenue. Either a separate structure wouid be required for the path,
or an unsafe condition constricting the vehicles and pedestrians onto the existing
width that would not meet Mn/DOT State Aid standards.
Structure Recommendation
Based upon the condition af the existing bridge, the narrow deck width, and the
desire to add a trail along this alignment, we recommend the City consider
repiacing this bridge as part of the Old Snelling Avenue improvements. A
replacement structure would accommodate the loading capacity of a two-lane
roadway and a multi-use traii and would be constructed to Mn/DOT State Aid
Standards. The structure lype will likely be a culvert. This type of str�cture
would allow the roadway and trail to span over the drainage channel and a
culvert is the most cost effective structure type. Culverts are also a very low
maintenance structure when constructed correctly.
In review of the existing hydraulics, we assume that we will need to �rovide a
similar waterway opening as the existing bridge so that base flood elevations are
not significantly affected. Based upon the Flood Insurance Study, the Josephine
Lake Discharge Channel has a 100-year (i% annual chance) flood elevation of
880.1 immediately upstream of the Old Sneiling Bridge, and 879.9 immediately
downstream. The low chord on the existing bridge is 886.12, approximately 6-
feet above the flood elevation.
Based upon the survey of the existing channel, the waterway opening is
approximately 20-feet long and 2 feet high. We anticipate two lOx4 box culverts
will provide tt�e required waterway opening, and allow for a 1-foot freeboard to
the low-ct�ord. The box culverts are estimated to have a total length of 90-feet, to
provide the roadway and trail section across the channel with the anticipated
recovery zones.
During preliminary and final design of the structure, a detailed hydraulic analysis
will need to be conducted. The culvert sizing anticipated in this report would be
finalized during this phase of the project. We have conservatively assumed that
the waterway area provided by the culvert would need to closely resemble what
is provided by the existing bridge. This will provide a conservative cost estimate
for the str�cture.
Since the culvert construction would have impacts on the surrounding wetlands,
floodplain, and floodway, several permits would be required. These permits
include:
Mn Ma1[ Woodruff, P.E.
October I5, 2010
Page 9 oj4
• Army Corp of Engineers/Department of Natural Resources Joint Wetland
Permit
• Federal Emergency Management Agency Conditional Letter of Map
Revision {CLOMRj prior to bridge construction
• Federal Emergency Management Agency Letter of Map Revision
(LOMR) after conshuction is compiete
• Rice Creek Watershed District Permits and Variance for fill within the
floodway
• National Pollutant Discharge Elimination System (NPDES) permit for
erosion control which could be included with the roadway work
The anticipated costs for the permits are inciuded in the cost estimate for the new
structure. We anticipate [he permitting costs of this project will offset by
providing more cost effective culvert structure at this iocation.
Estimate of Probable Construction Costs
Kimley-Horn has prepared an estimated total cost for bridge replacement. Ali
costs presented assumed 20� 1 const�ucrion dollars. Construction costs include
the anticipated bridge construction cost, but do not include roadway, erosion and
sediment control, traffic control, or other non-bridge related costs. Permitting
costs inciude the professional services to prepare the permit applications,
including wetland delineation, hydraulic modeling, and permit application fees.
Professional Services include bridge funding application, bridge design, bridge
plan and specificarion preparation, and bridge construction phase services.
The following table outlines the anticipated project costs, and detailed cost
information is attached.
Preliminary Estimate of Construction
Permit Preparation and Appiications
Professional Services
Subtotal
Contingency (15%1
Total Anticipated Cost
Attachment: Construction Cost Estimate
$316,000
$61,000
$66,000
$443,000
$48,000
$491,000
Cc: Kristine Giga, P.E. — City of Arden Hills
Beth Engum, P.E. — KHA
Kimley-Hom
- and Associates, Inc.
PRELIMINARY BRIDGE COST ESTIMATE
CITY OF ARDEN H1LLS
OLD SNELLfNG AVENUE (MSAS 111) OVER DISCHARGE CHANNEL
EXiSTING BRIDGE NO. 4627
10/18/2010
CONTINGENCY 15%� $48,
NEW STRUCTURE ESTIMATED TOTAL 549�,�
Attachment
Letter Dated December �, 2011, Addressed to
Ter Maurer, Public Works Director
rY
�
��HILLS
City ofArden Hills
City Council Meeting for December 12, 2011
�� � Kimiey-Horn
� and Associates, Inc.
December 7, 2011
Mr. Terry Maurer, P.E.
Public Works Director/City Engineer
City of Arden Hills
1245 West Highway 96
Arden Hills, Minnesota 55112
Re: Professional Services Agreement
Old Snelling Avenue Bridge Improvements
Dear Mr. Maurer:
Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to
submit this letter agreeinent (the "Agreement") to the City of Arden Hills
("Client") for providing engineering services to assist the City with preliminary
and final bridge design and permitting for tl�e replacement of Bridge 4627, Old
Snelling Avenue over Lake Josephine Discharge Channel near Trunk Highway S l
(TH 51).
Project Understanding
Kimley-Horn assisted the City in pXeparing a preliminary project report for the
segment of Old Snelling Avenue from County Road E to TH 51 that is in need of
improvement. The roadway segment is a State Aid roadway and is approximately
4,300 feet long and lies within a 200-foot right-of-way. Bridge 4627 is located at
the south end of the project near TH 51. Bridge 4627 is a concrete slab bridge
spanning 20-feet over a drainage ditch and was constructed in 1926 and the
st►ucture is load posted. The structure crosses the Lake Josephine Discharge
Channel that flows to Lake Johanna. Annual safety inspections of the structure
have been provided by Ramsey County with the last inspection completed in
November 2011.
We understand the improvements wilt include removal of the existing structure
and construction of new box culverts that meet 1VInDOT State Aid design
requirements. We understand the new structure must have sufficient width to
accommodate the State Aid roadway section as well as a trail adjacent to the
roadway. We understand that the design of the roadway improvements and trail
will be performed by the City.
The City has asked Kirnley-Horn to prepare preliminary and final bridge
construction plans, assist the City in obtaining Mn/DOT bridge bond funding, and
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TEL 651 645 4187
FAX 651 645 5116
■
Suile 238N
2550 University Avenue West
Sl, Paul, Minnesofa
55114
An Affirmative Action Equal Opportunity Employer
�I— Kimley-Horn �11r. Ter�y Maurer, December 7, 20J 1, Page 2
�.; � .__ and Associates, Inc,
assist the City in acquiring the necessary permits for the replacement of the
existing structure. While the bridge does not meet the deficiency status to qualify
for construction funding at this time, tl�e City is proceedi��g with bridge
replacement plans and permit caordination. Bridge bond fi�nd application
preparation, project bidding, and construction services will be provided after
funding requirements are met at some point in the future.
We understand the City has completed a geotechnical investigation af the
subsur�ace soiis within the project under a separate contract. We understand the
irnprovements will require permitting through multiple review agencies as
identified in the Scope of Services below.
Scope of Services
Kimley-Horn will provide the services specifically set forth below.
Task 1: Prelirrtinary Engineering
To supplement previous topographic survey data, a Kimley-Horn subconsultant
will conduct a topographic survey of the stream upstream and downstream of the
exis#ing bridge for hydraulic modeling purposes. We will use the cross section
data to update the existing hydraulic model for the Lake Josephine Discharge
Channel, which we have assumed will be available from the Minnesota
Department of Natural Resources (MnDNR). We will perform a preliminary
hydraulic analysis to identify an appropriate structure or series of structures to be
constructed without raising the Base Flood Elevation of the Lake Josephine
Discharge Channel. We have assumed the hydraulic modeling will identify a
series of two box cuiverts to repiace the existing bridge with minimal impact to
the existing floodway and floodplaias.
We will conduct a wetland delineation, using Routine Level 1 Wetland
Delineation Methods to estimate the jurisdictional wetland boundaries within the
site. We will identi�y the agencies with jurisdiction over these wetland(s) [we
have assumed the Army Corp of Engineers (CoE), Rice Creek Watershed District
(RCWD} and MnDNR]. The Level 1 delineation will inch�de docmnentation of
the soils; historic aerial phatography; topography; and National Wetlands
tnventory (NWI), MnDNR Public Waters Inventory (PWI), and RCWD wetland
inventory boundaries. A graphic documenting the findings, as required by the
agencies, will be prepared. A Leve12 delineation (on-site) would be conducted in
the spring of 2012 to flag the identified wetland boundaries. The on-site review
will evaluate existing wetlands which will be flagged and GPS surveyed (up to 40
survey points). Flags will be placed along the wetland edge within potential
�� Kimisy-Horn Mr. Terry Maurer, Decem6e�• 7, 2011, Page 3
— and Associates, Inc.
impact areas, demarking the wetland. A report documenting the boundary, as
required by the agencies, will be prepared.
Review and approval ofthe delineation will be required by the RCWD, as the
local governmental unit, which will also include a review by representatives from
Board of Water and Soil Resources (BWSR), the CoE, the City of Arden Hills,
and MnDNR. This task assumes one Technica( Evaluation Panel (TEP) meeting
on-site, coordinated and led by Kimley-Horn to review the wetland boundaries
and provide a general project overview.
We will prepare preliminary bridge plans of the new box culvert at the Lake
Josephine Discharge Channel crossing at Old Snel(ing Avenue. The preliminary
bridge plans will show key geornetrics of the structure including the layout of the
culvert in plan, with a general elevation and section of the structure. The
preliminary plan will also show the size and invert elevations of the box culvert.
We assu�ne the City will provide the desired geometrics of the roadway and trail
over the culvert.
W.e will coordinate the proposed iinprovements with the RCWD. We have
assumed the proposed improvements will requiee a variance from the RCWD
floodplain regulations. We will conduct up to two (2) meetings with RCWD staff
to coordinate the proposed improvements during the preliminary engineering
phase.
We will prepare a Conditional Letter of Map Revision (CLOMR) following the
appropriate FEMA procedures to document the alterations to the floodplain and
floodway boundaries within the project area. Based upon the survey data, we will
generate the existing and proposed conditions modet for the channel and include
the �nodeling outputs in the CLOMR document. We will prepare floodplain
workmaps using the existing digital floodplain boundaries available through the
DNR GIS system to document the alterations the proposed improvements will
have on the floodplain. All workmaps will be included as appendices to the
CLOMR document. We wip prepare the necessary FEMA forms to be reviewed
and authorized by the City Engineer. The forms will be included in the CLOMR
document. We will prepare the CLOMR document (Technical Data Noteboak)
documenting the proposed improvements. The report will inciude the
understanding of existing hydrology and hydraulics of study area, description of
the proposed improvements, assumptions made in the modeling of those
improvements, and summary of the impact the proposed improvements have on
the floodplain and floodway. MnDOT Risk Assessment for Encroachment
Design and Hydraulic Analysis worksheets will be prepared for the propased
stream crossing.
�- /� Kimley-Horn Mr. Terry Maurer, December 7, 201 /, Page 4
�� � and Associates, Inc,
We will submit the CLOMR documentation to FEMA for review including the
$4,400 application fee. We have assumed we will re-submit responses to one
round of comments from FEMA before approval.
Task 2: Fina[ Design and Permit Coordination
Final bridge plans will be prepared based upon the preliminary work and
comments from reviewing agencies. The final bridge plans will be prepared in
accordance with MnDOT State Aid Standards, including the LRFD Bridge
Design Manual. Roadway improvements to Old Snelling will be limited to 50-
feet on each side of the bridge, showing the desired roadway and trail cross-
sections provided by the City. We will prepare an erosion and sediment control
plan to be incorporated into the final bridge plans. The final bridge plans will be
submitted to the MnD�T State Aid Bridge Office for review. We will incorporate
one set of comments from State Aid review of the plans.
We will continue to coordinate iinal design details with the Rice Creek Watershed
District. We will submit a set of plans to the RCWD for their review and
comment. We will also conduct one (l ) meeting with watershed c3istrict staff
during the final design phase to coordinate the proposed improvements. The
tneeting will be hetd to gather any additional comments staff may have on the
proposed improvements before a permit application is prepared.
A Kimley-Horn subconsultant will perform a hazardous materials survey to
identify the presence of hazardous materials on the existing bridge. This will
provide the required information to include hazardous materials removal
quantities on the final bridge plans, if necessaty.
We will determine the proposed wetland impacts during the preparation of the
final bridge plans. Kiinley-Horn will review the proposed footprint of the bridge
reconstruction (grading plan) as it relates to the wetland boundaries and estimate
the total potential wetland impact, by wetland type. We will meet with City staff
to discuss wetland replacement options and wetland avoidance options for
minitnizing impacts.
We will conduct one pre-apptication meeting with the Rice Creek Watershed
District, representatives fi•om BWSR, the Corps of Engineers, MnDNR, and the
City of Arden Hitls to discuss the project impacts, mitigation requirements and
permit review process. We have assumed the preparation of the following
materials wi11 be necessary; a wetland boundary figure, an impact figure, and a
figure showing potential locations for on-site wetland replacement.
�_� KimieyMorn
— and Associates, inc,
Mr. Tei•ry Maurer, December• 7, 201 !, Page S
Kimley-Horn will prepare a memorandum of understanding to document
permitting requiremen#s and decisions for the above agencies. The memorandutn
will document communications with agency staff and design decisions made as a
result of permitting requirements.
Additional Services
Any services not speci�cally provided for in the above scope will be billed as
additionat services and performed at our then current hourly rates. Additional
services we can provide include, but are not ]imited to, the following:
• Permit application preparation
• Bridge bond funding application preparation
• Roadway design or plans
• Storm water management design (other than bridge hydraulics)
• Stonn sewer design
• Offsite wetland or floodplain mitigation plans
• Project manual/front-end specifcations
• Bidding or construction phase services
• Record drawings and final survey
• LOMR preparation and submittal
Information Provided By Client
We shall be entitled to rely on the completeness and accuracy of all information
provided by the Client or the Ctient's consultants including:
• Geotechnical investigation report
• Existing hydraulic model for channel
• Roadway and trail cross-sections
Schedule
We will provide our services as expeditiously as practicable with the goal of
meeting the following scheduie:
Contract to Consultant Awarded December 12, 2011
Preliminary Engineering January-March 2012
Submit CLOMR to FEMA for Review March 2032
Final Design and Permit Coordination July-September 2012
�� Kimley-Horn Mr. Teriy Maurer, Decen:ber 7, 201 i, Page 6
�❑ antl Associates, inc.
Fee and Expenses
Kimley-Horn will perform the services in Tasks 1- 2 on a labor fee plus expense
basis. Labor fee will be billed according to our 2012 standard hourly rate
schedule. All permitting, application, and similar project fees, except those
identified in the project scope, will be paid directly by the Client. The following
is a summary of our estimated costs for the individual work tasks identified in the
scope of work.
Task Number Task Estimated Fee
1 Preliminary Engineering $37,750
2 Final Design and Permit Coordination $24,300
Subtotal $62,050
CLOMR Application Fee $4,400
Reimbursable Expenses $3,450
Total Estimated Cost 569,900
Fees will be invoiced monthly based oz� the actual amount of service performed
and expenses incurred. Payment will be due within 25 days of your receipt of the
invoice.
In addition to the matters set fortl� 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" shail refer to
Kimley-Horn and Associates, Inc., and "Client" shall refer to the City of Arden
Hills.
Kimley-Horn, in an effort to expedite invoices and reduce paper waste, offers its
clients the option to receive electroi�ic invoices. These invoices come via email in
an Adobe PDF format. We can also provide a paper copy via regular mail if
reyuested. Please select a biliing method from the choices below:
Please email all invoices to cr.
Please email invoices to na.
AND provide a liard copy to the address listed above to the attention of
(or provide alternative address).
Please ONLY provide a hard copy invoice to the add�•ess listed
above to the attention of (or provide aiternative address).
If you concur in all the foregoing and wish to direct us to proeeed with the
services, please have authorized persons execute both copies oftl�is Agreement in
�� �� Kimley-Worn Mr, Terry Maurer, Decen:bcr 7, 201 /, Page 7
� _ and Associates, Inc,
the spaces provided below, retain one copy, and return the other to us. We will
commence services only 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.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
, ,�
_- -�l �� �,�1; .�.�.
M tthew D. J� nsen, P.E. J B Horn, P.E.
Project Man ger ce resident
Attachment— Standat•d Provisions
Agreed to this day of ,
City of Arden Hills
A Municipaliiy
(Print or Type Name and Title)
(Email Address)
W itness
(Print or Type Name)
Official Seal
KllVII�EY-HURN AND ASSUCIATCS,INC.
STAN�ARD PROVISIOIYS
(1) Consultani's Scope of Services az�d Additional Services. '1'he Consultant's undertakin� io perfonn professional
services extends on[y to the services specifically described in tl�is A�reement. However, if requested by the CEient and
agreed to by the Consultatit, the Consaltant will perfor�n Additional Services, which shall be governed by these provisions.
Unless otherwise agread to in writing, the C[ient sha{I pay the Consultant for any Additional Services an amount based upon
the Consulfant's then-current hourly rates.
(2) C19ent's Rcsponsibilities. In addition to other responsibilities described herein or imposed by law, the Client shall;
(a) llesignate in w��iting a person to act as its representative witli respect to this Agreement, such person havin� comptete
authority to transmit instructions, receive information, and make or interpret the CLient's decisions.
(b) Pz•ovide all informiation and criteria as to the Client's requireme❑ts, objectives, and expectataons for the project including
all numericaf criteria that are to be met and all standards of developme�t, design, or construction,
(c) Provide to the Consultant alt previous studies, plans, or other doeuments pe�tainin� to the project and all new data
reasonably necessary in the ConsultanYs opinion, such as site survey and engineea�ing da#a, environmen#al impact
assessments or statements, �pon ail of which the Consultant may rely.
(d) Arrange for access to the site and other private oi• public properry as required for the Consultant to provide its services.
(e) Ctevicw all docu�nents or oral reports presented by the Consuliant and rendet� in writing decisions pertaining thereto
within a reasonable time so as not to delay the services oFthe Consultant.
(� I'urnish approvals and permits from gove��nmental authorities having jurisdiction over the project and approvals and
consents fi•om other parties as may be necessary for completion of the Consu3tant's services.
(g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as
the Client may require.
(h) Give prompt written notice to the Consultant whenever the Clienc becomes aware of any development that affects the
scope, timin�, or payment of the Coa�sultant's services or any defect or noncompliance in any aspect af the project.
{i) Bear all costs incidental to the responsibilities of the Client.
(3) Period of Services. Untess otherwisc stated he►•ein, the Consultant will be�in work tirt►ely after receipt of a properly
executed copy of this Agreement and any required retainer amount. This Agreemeni is made in anticipation of condiEions
permittin� continuous and oa�dea•ly progress through complction of thc se�vices. 7'imes for performance shall be extended as
necessary for delays or suspensions due to circumstanees that the Consultant does not conta�ol. If such delay or suspensior�
extends far more than six months (cumulatively), Consultant's cornpensation shal� be rene�otiated.
(4) Method of Payment. Compensation shali be paid to #he Consultant in accordancc with tl�e following provisions:
(a) Invoices will be submEtted periodically for services performed and expenses incui7•ed. �ayment of each invoice will be
due within 25 days of receipt. The Client shail also pay any applicable sales tax. All retainers witl be held by the
Consultant for the duration of the project and applied againsE thc fi�ial invoice. Interest will be added to accounts not paid
within 25 days at tlie maximum rate allowed by iaw. lf the Ctient fails to make any payment due to thc Consultant under
this or any other ageeement within 30 days after the Consultant's transmittal of its invoice, the Consultant inay, after giving
notice to the Client, suspend services and withhold deliverables until all ainounts due are paid in full and may con�mence
proceedings, including fiting liens, to secure its right to pay�nent under this Agreement.
(b) If the Client relies on payment or proceeds from a third party to pay Gonsultant and Ciient does not pay Consultant's
invoice within b0 days of reeeipt, Consultant may communicate directly with sach fhird party to secu��e pay►r►ent.
{c) If the Client objects to an invoice, iC must advise the Consultant in writing giving its reasons within 14 days of receipt of
the invoice or the ClienYs objcctions will be waived, and the invoice shall conclusively be deemed due and owing. Tf the
Ctienf objects to only a portion of the invoice, paymen# for all other portions remains due within 25 days of receipt.
(d) If the Consu3tant initiates legal proceedings to colfect payment, it may recover, in addition to ali amounts dne, its
reasonab(e attorn�ys' fees, reasonabEe exp�rts' fees, and other expenses related to the proceedings. Such expenses shall
include tlie cost, at the Consultant's nor�nal hourly bilfing rates, of the ti�ne devoied to such proceedings by its e►nployees.
(e) The Client agrees that the payment to the Consultant is not subject to any contingency ar condition. The Consultant
may negotiate payment of any clteck tendered by the Client, even if the words "in full satisfaction" or words intended to
have simiiar effect appear on the cl�eck without such negotiation being an accord and satisfaction of any dispuEed debt and
without prejudicing any rigfifi of ihe Consultant to collcet additional amounts from the Ctient.
{5) Use of Documen#s. All documents, including but not lin�ited to d��awin�s, specifications, reports, and data or programs
stoeed elecEronically, prepared by tlie Consultant are related exclusively to the services described in this Agreement, and
may be used only if the Clrent has satisfied all of its obligations under this Agreement. Tl�ey are not intended or represented
to be suitable fo�• use, partia[ use or reuse by the Client oi• others on extensio�is of this project or on any ather project. Any
3nodifications made by the Client to any of the CansultanYs docume�tts, or any use, pa��tial use or reuse of the docum�nts
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without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the
Consultant, and the Client sl�all indemnify, defend and hold the Cotisultant hart��less fi•om all claims, damages, Iosses and
expenses, includiag but not limited to attorneys' fees, resulti��g therefrom. The Consultani's electronic files and source code
developed in the development oF application code remain the propei-ty of the Consultant and shall be provided to the Client
only if expressly provided for in this Agreement, Any eleetronic �Ies not containing an electronic seal are provided only for
the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic fles or
any discrcpancies between them and the hardcopy of the documents prepared by the Consuitant, the hardcopy shall govern.
Because data stored in elcctronic media foi•mat can deterioratc or be modi�ed without the Consultant's authorization, the
Client has 6fl days to perforin acceptance tests, after wliich it shall be dee►ned to have accepted the data.
(6) Upinions of Cost. Because the ConsulCant does not control the cost of labor, materials, equipment or services
furnished by athers, inethods of detet�mining prices, or competitive bidding or market conditions, any opinions rendered as
to costs, including but not Ii�nited to opinions as ta the costs of construction and nnaterials, sha11 be made on the basis of its
experience and represent its judgment as an expet•ienced and qaalified professional, familiar witlt #he industry. The
Consuftant cannot and does nat guarantee that pc•oposals, bids or actual costs will not vary from its opinions af cost. lf the
Client wishes greater assurance as to the amount of any cost, it shaEl emp3oy an independent cost estimator. ConsultanYs
services required to bring casts within any limitation established by the Client will be paid for as Additional Sex-vices.
('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 perfotan in accorclance with the te►�rns
hez-eoi through no fault of the terminating party, or upon thirry days' wa•itteri notice for the convenience of the terminating
party. If any change occurs in the ovvnership of the Client, the Consultant shall have the right to immediately tenninate this
Agreement. In the event of any termination, tl�e Consultant shall be paid for all services rendered and expenses incurred [o
the effeckive date of ter�nination, and other reasonable expenses incun�ed by the Consultant as a result of such termination. If
#he Consuitant's compensation is a�xed fee, the amount payable for services witI be a propo►#ionai amount of tE�e totat fee
based on the ratio o€ the amount of the servrces perfor�ned, as reasonably determined by the Consuitant, to the total amount
of services which were to have been performed.
(8) Insurance. 7'he Consultant carries Workers' Compensation insurance, professional liability insurance, and generai
liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant wifl take out
sach additional insurance, if obtainable, at the Client's cxpense.
(9) Standard of Carc. The standard of care applicable to Consultant's services wiEl be the degree of care and skip
ordinarily exercised by consultants perforrning the same or similar services in #he same locality at the time the services are
pravided. No warranty, express or implied, is made or intended by the Consultant's undei�taking herein or its performatxce of
services, and it is agreed that the Consultant is not a fiduciary witl� respect to the Client.
{10) LTMITATION O� LIABTL,iTY. In recognition of the relative risks and bene�ts of the i'roject to the Client and the
ConsuItant, the risks have been allocated such that tl�e Client agrees, to the fullest extent of the law, and notwithstanding any
other provisions of this Agreernent or the existence of applicable insurance coverage, that the total liabiliry, in the aggregate,
of the Consultant and the Consulfa�tt's officers, directors, employees, agents, and subconsultants to the Client or to anyone
claiming by, tl�rou�h or �nder the Client, for any and all cldims, losses, costs or damages whatsoever arising out of, resulting
from or in any way related to the sei�vices under this Agreemcnt from any cause or cayses, including but not iimited to, the
negligence, professionaf errors oz• omissions, strict liability or breach of contract or any warranty, express or implied, of the
Consultant or the Consultant's of�icers, di�•ectors, employees, agen#s, and subconsultants, shall not exceed twice tlie total
compensation received by the Consultant under this A�;reement or $50,000, whichever is greater. Higher Iimits of tiability
may be nc�otiated For additiona[ fee. iJnder no circamstances shall the Consultant be liable for extra costs or othex
consequences due to changed conditions, or for costs related to the failure of contractors to perfornn w4rk in accordance
with the plans and specifications. '1'his Section 10 is intended solely to limit the remedies availahie to ihe Client oi• thase
claiming by or through the Client, and nothin� in this Section 10 shall requi�•e the Client to indemnify the Consultant.
(i l) M�rtual Waiver of Consequcntial Damages. Cn no event shaIl either party be fiable to the other foz� any
consequential, incidental, punitive, or indirect daznages including but not iimited to loss of income or ]oss of pro�ts.
(12} CertiCcations. The Consultant shal# not be required to execute ceirtifications or third-party rcliance letters that are
inaccurate, that relate to facts of which the Gonsultant does no# have actual lcnowled�e, or that would cause the Consultant
to vio[ate applicable rules of professionai responsibility.
(13) Dispute Resolution. AIl claims by thc Client arising out of this �lgreement a�• its breach shall be submitted first to
mediation in accordance with the Construction (ndustry Mediation Procedures of the American Arbitration Association as a
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coi�dition precedent to litigation. Any mediation or civil action by Client must be comn�enced within one year of tl�e accruai
of the cause of action asse�ted but in no evenE later ti�an ailowed by applicabie statutes.
(14) Haza�•dous Substances and Conditions. In no event shall Consultant be a custodian, ti•ansporter, handler, arranger,
contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to
professional analysis, recommendations, and reporting, including, when agreed ta, plans and specifications for isolation,
re�noval, or remcdiation. The Consultant shall notify the Client of hazardous substances oc• conditions not contemplated in
the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant
may stop affected portions of its services until the hazardous sabstance or condition is eiiminated.
{i5) Construction Phase Services.
(a) If the Consu]tanYs services include the preparation of documents to be used for construction and the Gonsultant is not
retained to make periodic site visits, the Client assumes ali responsibility for interpretation of the documents and for
construction observation, and the Client waives any clai�ns against the Consultant in any way connected thereto.
(b) lf the Co��sultant provides construction phase services, the Consultant shail have no responsibility for any contractor's
means, meEhods, 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 woric of any contractor. The Consultant's visits will be
for the purpose of endeavoring to provide the Clier�t a greater dcgree of confidence that the completed work of its
contraclors will genecally conform Eo the construction documents prepared by d�e Consultant. Consultant neither guarantees
the performanee of contractors, nor assumes responsibrlity for any contractor's failure to perform its wo�•k in accordance
with the contract documents.
(c) The Consultant is not responsibte for any duties assi�ned to the design pro�essional in the construction contract that are
not expi�essly prnvided for in this Agreement. The Cfient agrees that each contract with any conCracto�• shall state #hat the
contractor shall be solely responsible for job site safety and for its means and rnethods; that the contractor shal) indemnify
the Client and the Consultant for all claims and liability arisin� out of job site accidents; and thaE the Client and the
Consultant shall be made additional insureds under the contractor's general liability insurance policy.
(lG) No Third-Party Bene�ciaries; Assigncnent and Subcontracting. This A�reement gives no rights or• benefits to
anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursaant to tliis Agreement
will be foE• the sole benefit oi ihe Client and tl�c ConsulEant. 1"he Client shail 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 consenE
of the Consu9tant. The Consultant reserves the right to auginent its staff with subconsultants as it dee�ns appropriate due to
project logistics, schedules, or market conditions. Tf the Consultant exei•cises this right, the Consultant will maintain the
agreed-upon billing rates for services identifed in the contract, regardless of whether the services arc provided by in-house
employees, contract empIoyees, or indepcndent subconsultants.
(17) Confidenfiality. 'I'he 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 "anformation obtained by the Consuftant in the performance of its services_ lf,
however, any facts, data or information are specifically identified in writing by the Ciient as confidentiai, the Cansultant
shali use reasonable care to maintain the confidentiality of that material.
{18) Misceilaneous Provisions. This Agreement is to be governed by the law of the State of Minnesota. This Agreement
contains the eniire and fully integrated a�reement between the parties and supersedes ail prior and contemporaneous
negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this
flgreement can be supplerraented or amended only by a weitte�� document executed by both parties. Provided, however, that
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 Agreenaent that is unenforceable shall be ineffective fio the extent of such
unenforceability without invalidating the remaining provisions. Tlle 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 ren�ainder of this
A�reement.
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