HomeMy WebLinkAboutIX-02 Engineering Services Proposals from Kimley HornCity Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director
Date: December 1, 2025
Item: Accept Proposal and Authorize Work with Kimley-Horn – 2026 Neighborhood Infrastructure
Improvements
Council Action Requested:
The Council is requested to authorize the City to enter a contract with Kimley-Horn and Associates, Inc.
for the purpose of utilizing their professional services to lead the design, bidding, public engagement,
and construction management support for the 2026 Neighborhood Infrastructure Improvements.
Background Information:
We are looking to hire professional services led by Cody Mathisen (former Hastings City Engineer) now
with Kimley-Horn. Cody has already completed the preliminary engineering work for the 2026
Neighborhood Infrastructure Improvements and will most efficiently be able to deliver the project. The
Hastings Engineering Department will assist in areas of design and lead construction administration and
inspection due to familiarity and consistency in project delivery.
Financial Impact:
The estimated cost for these engineering services is not-to-exceed $254,650 and is estimated hourly.
Bonding for the 2026 Neighborhood Project will capture the engineering and construction support
proposed by Kimley-Horn to deliver the project.
Attachments:
·Kimley-Horn Proposal for 2026 Neighborhood Project Design Services
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this ___ day of ____________, 2025,
by and between the City of Hastings, 101 4th Street East, Hastings, Minnesota 55033, (“City”) and Kimley-Horn, 14800 Galaxie Avenue, Suite 200, Apple Valley, Minnesota 55124 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional services;
and
WHEREAS, Consultant desires to perform the services for the City under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual consideration contained herein, it is hereby
agreed as follows: 1. SERVICES.
a. City agrees to engage Consultant as an independent contractor for the purpose of
performing certain professional Services (“Services”), as defined in the following documents: i. A proposal dated November 25, 2025, incorporated herein as Exhibit A.
ii. Where the terms and conditions of this Agreement and those terms and conditions included in Exhibit A specifically conflict, the terms of this Agreement shall apply.
b. Consultant covenants and agrees to provide the Services to the satisfaction of the
City in a timely fashion, as set forth in Exhibit A, subject to Section 7 of this Agreement. c. Consultant agrees to comply with all federal, state, and local laws and ordinances
applicable to the Services to be performed under this Agreement. Consultant
represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in Exhibit A.
b. Any changes in the scope of the work of the Services that may result in an increase
to the compensation due the Consultant shall require prior written approval by the
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authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization.
c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City.
3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be
extended upon the written mutual consent of the parties for such additional periods as they deem appropriate, and upon the same terms and conditions as stated herein. 4. TERMINATION.
a. Termination by Either Party. This Agreement may be terminated by either party upon thirty (30) days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered
and reimbursable expenses incurred until the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have
fifteen (15) calendar days from the date of the termination notice to cure or to submit
a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless
specifically provided for in Exhibit A. Consultant shall pay any subcontractor involved in
the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of
its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services.
7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of
this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and
other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses
or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this
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Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated Ryan Stempski to act as the City’s
representative with respect to the Services to be performed under this Agreement. He shall
have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Eric Fosmo to
be the primary contact for the City in the performance of the Services. He shall be assisted
by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City.
10. INDEMNIFICATION.
a. Consultant and City each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its
negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses
are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of
claims by Consultant’s employees. City shall indemnify Consultant against legal
liability for damages arising out of claims by City’s employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance:
a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. b. Professional Liability Insurance, with a limit of $2,000,000 for any number of
claims arising out of a single occurrence.
Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy.
12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City
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when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in
its standard drawing details, specifications, databases, computer software, and other
proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses:
If to City: City of Hastings 101 4th Street East Hastings, MN 55033 Attention: City Administrator
Or emailed: dwietecha@hastingsmn.gov If to Consultant: Kimley-Horn 14800 Galaxie Avenue, Suite 200
Apple Valley, MN 55124
Attention: Eric Fosmo Or emailed: eric.fosmo@kimley-horn.com
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its
officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties.
b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall
be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of
the State of Minnesota and any action must be venued in Washington County
District Court. d. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties.
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e. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall
continue in full force and effect.
f. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
g. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
[The remainder of this page is intentionally left blank]
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CITY OF HASTINGS
By: Mary Fasbender, Mayor
By:
Kelly Murtaugh, City Clerk Date:
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KIMLEY-HORN (“CONSULTANT”)
Signature: Name:
Its:
Date:
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kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
November 25, 2025
Mr. Ryan Stempski, P.E.
Public Works Director
City of Hastings
1225 Progress Drive
Hastings, MN 55033
Re: Proposal for Feasibility Study, Preliminary Design and Final Design Services
City Project 26-1 2026 Neighborhood Infrastructure Improvements
Dear Mr. Stempski:
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this Letter
Proposal to the City of Hastings (“Client” of “City”) for feasibility study, preliminary design and final
design services for City Project 26-1 2026 Neighborhood Infrastructure Improvements. Our project
understanding, scope of services, schedule, and estimated fee are provided below. We understand
that this proposal will be included as an attachment to a City prepared Agreement for Professional
Services.
Project Understanding
City Project 26-1 Neighborhood Infrastructure Improvements includes the reconstruction and
reclamation of Pleasant Drive (Trunk Highway (TH 55) to 4th Street W) and 4th Street W (from
Pleasant Drive to River Street). We understand that the project includes approximately 1,500 LF of
pavement reclamation and 3,700 LF of full street reconstruction, including full replacement of City
water, sanitary sewer, and storm sewer infrastructure. We understand that Pleasant Drive and 4th
Street W are both Municipal State Aid Streets (MSAS) and the design will need to meet MSAS
standards, however no State Aid funding will be requested as part of the project. We have assumed
that all streets will be constructed to approximately their current width or narrower, which will not
require stormwater treatment BMP’s. We understand that the sidewalk on the west side of 4th Street
W will be converted to a multi-use trail which may require minor permanent or temporary easements.
The City has requested that Kimley Horn provide a scope and fee for a combination of base project
services and potential additional services the City may elect to have Kimley-Horn complete
depending on staff availability. The City has also separately contracted several data collection and
design services in advance to support the preparation of construction documents. A summary of our
understanding of these services is provided below:
Base Project Services:
Project Management, Meetings and QA/QC
Public Outreach and Coordination
429 Assessment Assistance (Feasibility Report and Public Meetings additional)
Preparation of Final Construction Documents
Bidding Services
Limited Construction Administration
EXHIBIT A IX-02
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kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
Potential Additional Services:
City Council/Committee Submissions, Meetings, and/or Presentations
Public Hearings
Assessment Administration
City Provided Services:
Topographic Survey and Base Mapping
Geotechnical Evaluation, Recommendations, and Report
Stormwater Analysis and Hydraulic Design Recommendations
We understand that the City desires to bid and award the project improvements in April of 2026 and
an anticipated schedule is provided in this proposal.
Scope of Services
Based on our understanding of the City’s desired outcomes, Kimley-Horn proposes to complete the
services specifically set forth below.
Task 1 – Project Management, Meetings, and QA/QC
1.1 – General Project Management
Kimley-Horn will provide overall project management and utilize internal project management
tools to monitor budget, staff roles, and responsibilities of all team members throughout the
project. General project management will include monthly invoicing, contract amendment
requests (if necessary), cost and schedule updates, billing preparation, other non-technical
work, communication with the necessary project personnel and all other work to ensure all
the project tasks are completed on time, within budget and in accordance with state and
federal laws, rules, and regulations. Invoices will be submitted on a monthly basis.
1.2 – Project Team Meetings
Kimley-Horn will prepare for and conduct weekly check-in meetings with City staff. We have
assumed up to sixteen (16) virtual project check-in meetings and up to four (4) in-person
project check-in meetings with City staff as part of this task. Kimley-Horn will prepare meeting
agendas, materials, and follow-up action items for each meeting.
1.3 – Quality Assurance and Quality Control Functions (QA/QC)
Kimley-Horn will prepare QA/QC functions throughout the project duration to ensure delivery
of a quality product in a timely manner. Detailed QA/QC reviews will be performed prior to
each major submittal.
Task 2 – Coordination Meetings and Public Engagement
2.1 – Agency Coordination Meetings
Kimley-Horn will prepare for and conduct up to two (2) MnDOT coordination meetings to
discuss the project improvements, coordinate overlap with MnDOT signal work, and review the
project detour/signing plans. We will prepare meeting agendas, materials, and follow-up action
items for each meeting to be provided to attendees.
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2.2 – Private Utility Coordination
We will utilize topographic surveys and maps provided through a Gopher State One Call to
understand the potential private utility conflicts with the project. We will conduct and lead up
to two (2) meetings with private utility companies during the design phase to coordinate the
proposed improvements and required relocations.
2.3 – Open House
Kimley-Horn will prepare for and attend up to one (1) public open house for the proposed
improvements. We have assumed that up to two (2) Kimley-Horn staff members will attend
the open house. We have assumed City staff would be responsible for any mailing
notifications, project website updates, and reserving a meeting location. Kimley-Horn will
prepare up to three (3) layouts/exhibits as necessary for presenting at the meeting.
2.4 – Project Mailers
Kimley-Horn will provide up to two (2) letters for the proposed project improvements. Mailing
letters will summarize project improvements and inform residents about the upcoming
construction work. Kimley-Horn will prepare one (1) project exhibit to be included in each of
the mailing letters. We have assumed that the City would be responsible for printing,
compiling, and mailing the letters to the residents.
2.5 – Project Overview Video
Kimley-Horn will prepare a project overview video of the project improvements to be posted on
the City’s website. We assume the video will be a PowerPoint with voice-over presentation
format.
2.6 – Project Website
Kimley-Horn will provide preliminary layouts and project materials to be uploaded on the
City’s website. We assumed this would happen at the conclusion of 60% plans and ahead of
construction. We have assumed that the City would be responsible for managing the web
page and uploading documents.
2.7 – Resident Meeting Support
Kimley-Horn will support City staff in resident meetings on an as-needed basis. We have
assumed City staff will lead resident communication and coordination. This task will be to
support City staff if resident meetings require technical support. We have assumed eight (8)
hours of effort for this task.
Task 3 – Special Assessment Assistance
3.1 – Prepare Assessment Roll
Kimley-Horn will prepare an assessment roll based on the special benefit analysis completed
by Valbridge consistent with current City assessment policy. We assume City staff will review
the assessment roll for consistency with City policy and provide comments on the
assessment roll. This base scope of services assumes City staff will prepare and process the
required notices and administer the special assessments through the appropriate process.
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kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
Task 4 – Final Design and Construction Documents
4.1 – Preparation of Preliminary Layout and Typical Sections
Kimley-Horn will prepare a preliminary layout of the project improvements, including
proposed roadway typical sections, for review by City staff and presentation to City
Operations Committee. The preliminary layout will also be utilized for public engagement and
posted to the project website to support project communications. Up to two (2) typical section
alternatives will be prepared for each of the Pleasant Drive and 4th Street roadways.
4.2 – Easement Identification and Exhibit Preparation
Kimley-Horn will evaluate the proposed construction limits to identify the potential needs for
permanent or temporary easements to construct the project. We have assumed that
permanent and/or temporary easements will be required for up to two (2) parcels. Kimley-
Horn will prepare parcel exhibits for the two parcels to support the easement acquisition
process. We have assumed City Staff will lead the easement acquisition/negotiation process
for impacted properties, including hiring of an appraiser if necessary.
4.3 – Preparation of Final Construction Documents
We will prepare final construction plans for the project area including plan and profile
information for the roadway and public utility improvements. The plans will be prepared
consistent with State Aid standards. We have assumed the following plan sheets will be
necessary:
Cover Sheet
Statement of Estimated
Quantities
General Notes
Earthwork, Drainage, and
Driveway Tabulations
Construction Details
MnDOT Standard Plans
Typical Sections
Phasing & Detour Plan
Alignment Plan and Tabulation
Storm Water Pollution Prevention
Plan
Removals & Erosion Control Plan
Street and Storm Sewer
Plan/Profile
Sanitary Sewer and Watermain
Plan/Profile
Storm Sewer Laterals
Intersection Details
Signing & Pavement Marking
Plans
Cross Sections (50’ Intervals &
driveways)
We will provide the City plans at 60% and 90% completion for review and comment.
Comments will be addressed in the subsequent submittal. We have assumed no submittal to
State Aid will occur. Final construction plans will be completed following comments from City
staff on the 90% plans and specifications. We will submit watermain plans to Minnesota
Department of Health for review and approval.
4.4 – Opinion of Probable Cost
Kimley-Horn will prepare an OPC for the project improvements identified in the 60%, 95%,
and Final Plans. The OPC will be provided to City for discussion and budgeting. The OPC will
break out costs based on City identified funding sources.
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kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
4.5 – Final Construction Specifications
Kimley-Horn will prepare a complete a project manual and bidding specifications for the
project consistent with State Aid standards and past City of Hastings projects. We have
assumed specifications will utilize 2025 MnDOT specifications.
Task 5 – Bidding Assistance
5.1 – Bidding Assistance
Kimley-Horn will conduct the public bidding process on behalf of the City. We will prepare the
advertisement for bid and publish the Advertisement on QuestCDN. We have assumed City
staff will post any necessary information to the City website. Kimley-Horn will upload
construction documents, answer Contractor questions, and conduct the public bid opening
via QuestCDN. We will prepare an addendum, if necessary, to address questions. It is
assumed that a pre-bid meeting will not be held. Kimley-Horn will tabulate bids, prepare a
contract award recommendation letter for the lowest responsible bidder, and prepare a best
value scoring evaluation to support the recommendation.
Task 6 – Limited Construction Phase Services
6.1 – Pre-Construction Meeting/Contract Documents
Kimley-Horn will conduct a pre-construction meeting with the contractor, sub-contractors, City
staff, and private utilities and produce meeting minutes. We will also prepare conformed
contract documents and coordinate execution of the documents with the contractor and City
staff.
6.2 – Project Submittals and Coordination
We will review project submittals and shop drawings provided by the contractor. We will also
coordinate any necessary submittal revisions with the contractor and City staff.
6.3 – Construction Coordination
We will provide construction coordination support including phone calls, attendance at weekly
construction meetings on an as needed basis, coordination with City staff, and coordination
with the contractor as directed by City staff. We have assumed approximately four (4) hours
of effort per week for twenty (20) weeks will be necessary to provide these services through
final completion of the project.
6.4 – Preparation of Change Orders, Budget Summaries, and Closeout Documents
Upon request by City staff, Kimley-Horn will prepare necessary change orders for the project.
We have assumed the preparation of up to two (2) change orders may be necessary.
Kimley-Horn will also review partial pay estimates and the final pay estimate to be prepared
by City staff. We will also assist the City with construction closeout documentation and final
negotiations with the Contractor following substantial completion of the project. We have
assumed up to ten (10) hours for the construction closeout process. We have assumed as-
builts will be completed by City staff.
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kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
Task 7 (Optional/Additional) – Preparation of Feasibility Study
7.1 – Preparation of Feasibility Study and Report
Kimley-Horn will prepare a feasibility study and report detailing the recommended roadway,
storm sewer, sanitary sewer, and watermain improvements to be included with the project. We
will submit the report to the City in PDF format at the draft and final completion phases of the
report. The feasibility report will include preliminary cost estimates, financing plan, and
preliminary assessment roll as required by the MN Chapter 429 Statute. We have assumed
the City will hire an appraiser to perform a special benefit analysis if determined necessary.
Task 8 (Optional/Additional) – City Council, Committee Meetings, or Public Hearings
8.1 – City Council, Committee Meetings, or Public Hearings
Kimley-Horn will prepare and give project presentations in support of City Council meetings,
City Committee meetings, or Public Hearings where the project is being reviewed. We will
prepare a PowerPoint presentation for each meeting, and one (1) Kimley-Horn staff will
attend the meeting and give the presentation. For the purposes of this proposal, this task is
provided on a per meeting basis.
Task 9 (Optional/Additional) – Assessment Administration Assistance
9.1 – Assessment Administration Assistance
If requested but City Staff, Kimley-Horn will support the City in the administration of the
assessment process, including the assessment abatement process typically conducted by the
City. Kimley-Horn will prepare mailings and work with property owners who may qualify for the
program. If requested by City staff, this task would be completed on an hourly basis.
Information Provided By Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the City or
the City’s consultants or representatives. The City shall provide all information requested by Kimley-
Horn during the project, including but not limited to the following:
GIS base map information
As-built information (as available)
Topographic survey (complete as necessary for final design)
Geotechnical Evaluation and Report (including pavement recommendations)
Traffic study/analysis (if necessary)
Stormwater analysis, catch basin spacing, and storm pipe sizing.
Existing right-of-way and property owner information
Legal/Negotiation services for easement acquisitions
Public utility condition assessments
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Schedule
We will provide our services as expeditiously as practicable with the goal of meeting the following
schedule.
Notice to Proceed December 2, 2025
60% Plan Submittal January 16, 2026
90% Plans and Specifications Submittal February 20, 2026
Public Improvement Hearing March 2, 2026
100% Plans, Specifications, and Bid Package March 18, 2026
Assessment Hearing April 6, 2026
Bid Opening (virtual) April 10, 2026
Preconstruction Meeting Week of May 4, 2026
Construction Complete October 2026
Fee and Expenses
Kimley-Horn will perform the services detailed above on a labor fee plus expense basis. The
following is a summary of the estimated costs to complete the scope of services.
Task 1 – Project Management, Meetings, and QA/QC $ 24,420
Task 2 – Coordination Meetings and Public Engagement $ 21,440
Task 3 – Special Assessment Assistance $ 1,880
Task 4 – Final Design and Construction Documents $168,450
Task 5 – Bidding Assistance $ 7,400
Task 6 – Limited Construction Phase Services $ 31,060
Total Estimated Fees and Expenses (Base Scope) $254,650
Our total estimated not-to-exceed cost for the Base Scope of Services included as a part of this
Proposal is, therefore, $254,650 including all labor and reimbursable expenses. Kimley-Horn will not
exceed the total amount shown above without authorization from the Client. Labor fee will be billed
according to our current rate schedule, which is subject to annual adjustment.
The City of Hastings may request that Kimley-Horn perform the following optional/additional services
depending on City Staff availability. Thes optional/additional services will be completed based on the
below provided schedule. Optional/additional services will only be initiated based on direct
authorization from the Public Works Director.
Optional/Additional Tasks
Task 7 – Preparation of Feasibility Study $ 7,500
Task 8 – City Council, Committee Meetings, or Hearings (per Meeting) $ 3,000
Task 9 – Assessment Administration Assistance Hourly
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kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
We appreciate the opportunity to submit this proposal and look forward to serving the City of Hastings
on this project. Please contact me at eric.fosmo@kimley-horn.com or 651.643.6449 if you have any
questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Eric Fosmo, P.E.
Vice President
Attachment – Detailed Fee Estimate
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TITLE
TASK 1. PROJECT MANAGEMENT
Subtask 1.1 - General Project Management 40 16 9,680.00$ 56
Subtask 1.2 - Project Team Meetings (20 total)
(16 virtual meetings, 4 in-person meetings)24 16 7,040.00$ 40
Subtask 1.3 - Quality Assurance and Quality Control Functions (QA/QC)20 10 7,200.00$ 30
Expenses 500.00$
TASK TOTALS 20 74 16 16 24,420.00$ 126
TASK 2. COORDINATION MEETINGS AND PUBLIC ENGAGEMENT
Subtask 2.1 Agency Coordination Meetings (Up to 2 meetings) 4 6 1,640.00$ 10
Subtask 2.2 Private Utility Coordination (Up to 2 meetings) 8 24 8 6,400.00$ 40
Subtask 2.3 Open House (Up to 1 meeting) 2 6 12 4 2 4,330.00$ 26
Subtask 2.4 Project Mailers (Up to 2 letters) 4 4 1,360.00$ 8
Subtask 2.5 Project Overview Video 6 4 2 1,970.00$ 12
Subtask 2.6 Project Website (Assume 2 Updates) 4 6 1,640.00$ 10
Subtask 2.7 Resident Meeting Support 8 1,600.00$ 8
Expenses 2,500.00$
TASK TOTALS 2 40 56 12 4 21,440.00$ 114
TASK 3. MN CHAPTER 429 ASSISTANCE
Subtask 3.1 Prepare Assessment Roll 8 2 1,880.00$ 10
Expenses
TASK TOTALS 8 2 1,880.00$ 10
TASK 4. FINAL DESIGN AND CONSTRUCTION DOCUMENTS
Subtask 4.1 Preparation of Preliminary Layout and
Typical Sections 2 8 40 9,320.00$ 50
Subtask 4.2 Easement Identification and Exhibit Preparation 2 4 12 3,120.00$ 18
Subtask 4.3 Preparation of Final Construction Documents 4 120 500 260 141,840.00$ 884
Subtask 4.4 Opinion of Probable Cost 8 20 8 5,840.00$ 36
Subtask 4.5 Final Construction Specifications 2 8 24 4 6 6,830.00$ 44
Expenses 1,500.00$
TASK TOTALS 2 146 548 324 6 168,450.00$ 1032
TASK 5. BIDDING ASSISTANCE
Subtask 5.1 Bidding Phase Services 16 24 8 7,400.00$ 48
Expenses
TASK TOTALS 16 24 8 7,400.00$ 48
TASK 6. LIMITED CONSTRUCTION PHASE SERVICES
Subtask 6.1 Pre-Construction Meeting/Contract Documents 8 10 2 3,210.00$ 20
Subtask 6.2 Project Submittals and Coordination 8 24 2 5,170.00$ 34
Subtask 6.3 Construction Coordination 60 20 14,800.00$ 80
Subtask 6.4 Preparation of Change Orders, Budget
Summaries, and Closeout Documents 16 16 8 6,880.00$ 40
Expenses 1,000.00$
TASK TOTALS 92 70 8 4 31,060.00$ 174
PROJECT TOTALS 24 376 716 344 38 254,650.00$ 1504
Staff Billing Rates (Per Hour)$255-$345
per hour
$180-$240
per hour
$130-$190
per hour
$125-$240
per hour
$90-$170
per hour
OPTIONAL/ADDITIONAL TASKS
Task 7 Preparation of Feasibility Study 2 16 20 4 2 7,500.00$ 44
Task 8 City Council, Committee Meetings, or Public Hearings
(Per Meeting)8 6 2 3,000.00$ 16
Task 9 Assessment Administration Assistance
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PREPARED BY: KIMLEY-HORN AND ASSOCIATES, INC.
November, 25 2025
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DETAILED FEE ESTIMATE
2026 NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENTS
CITY OF HASTINGS (CP 26-1)
IX-02
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director
Date: December 1, 2025
Item: Accept Proposal and Authorize Work with Kimley-Horn – City Engineering Transition Services
Council Action Requested:
The Council is requested to authorize the City to enter a contract with Kimley-Horn and Associates, Inc.
for the purpose of utilizing their professional services to provide short-term support for City Engineering
services.
Background Information:
As the City transitions to a new City Engineer, support is needed for various duties of the City Engineer
role. This work will be assigned as needed to Cody Mathisen, former City Engineer, to assist the
Engineering Department until a more permanent solution can be put in place.
Financial Impact:
The hourly rate for Cody Mathisen will be $175 per hour. The transition services will vary but are
estimated to be 8-12 hours per week from December 2025 to February 2026.
Attachments:
·Kimley-Horn Proposal for City Engineering Transition Services
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this ___ day of ____________, 2025,
by and between the City of Hastings, 101 4th Street East, Hastings, Minnesota 55033, (“City”) and Kimley-Horn, 14800 Galaxie Avenue, Suite 200, Apple Valley, Minnesota 55124 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional services;
and
WHEREAS, Consultant desires to perform the services for the City under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual consideration contained herein, it is hereby
agreed as follows: 1. SERVICES.
a. City agrees to engage Consultant as an independent contractor for the purpose of
performing certain professional Services (“Services”), as defined in the following documents: i. A proposal dated November 25, 2025, incorporated herein as Exhibit A.
ii. Where the terms and conditions of this Agreement and those terms and conditions included in Exhibit A specifically conflict, the terms of this Agreement shall apply.
b. Consultant covenants and agrees to provide the Services to the satisfaction of the
City in a timely fashion, as set forth in Exhibit A, subject to Section 7 of this Agreement. c. Consultant agrees to comply with all federal, state, and local laws and ordinances
applicable to the Services to be performed under this Agreement. Consultant
represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities.
2. PAYMENT.
a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in Exhibit A.
b. Any changes in the scope of the work of the Services that may result in an increase
to the compensation due the Consultant shall require prior written approval by the
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authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization.
c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City.
3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be
extended upon the written mutual consent of the parties for such additional periods as they deem appropriate, and upon the same terms and conditions as stated herein. 4. TERMINATION.
a. Termination by Either Party. This Agreement may be terminated by either party upon thirty (30) days’ written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered
and reimbursable expenses incurred until the effective date of termination.
b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have
fifteen (15) calendar days from the date of the termination notice to cure or to submit
a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless
specifically provided for in Exhibit A. Consultant shall pay any subcontractor involved in
the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of
its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services.
7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of
this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and
other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses
or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this
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Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the
circumstances preventing continued performance and the efforts being made to resume
performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated Ryan Stempski to act as the City’s
representative with respect to the Services to be performed under this Agreement. He shall
have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Eric Fosmo to
be the primary contact for the City in the performance of the Services. He shall be assisted
by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City.
10. INDEMNIFICATION.
a. Consultant and City each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its
negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses
are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of
claims by Consultant’s employees. City shall indemnify Consultant against legal
liability for damages arising out of claims by City’s employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance:
a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. b. Professional Liability Insurance, with a limit of $2,000,000 for any number of
claims arising out of a single occurrence.
Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy.
12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City
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when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in
its standard drawing details, specifications, databases, computer software, and other
proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses:
If to City: City of Hastings 101 4th Street East Hastings, MN 55033 Attention: City Administrator
Or emailed: dwietecha@hastingsmn.gov If to Consultant: Kimley-Horn 14800 Galaxie Avenue, Suite 200
Apple Valley, MN 55124
Attention: Eric Fosmo Or emailed: eric.fosmo@kimley-horn.com
14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its
officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose.
15. GENERAL PROVISIONS.
a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties.
b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall
be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of
the State of Minnesota and any action must be venued in Washington County
District Court. d. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties.
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e. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall
continue in full force and effect.
f. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
g. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
[The remainder of this page is intentionally left blank]
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CITY OF HASTINGS
By: Mary Fasbender, Mayor
By:
Kelly Murtaugh, City Clerk Date:
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KIMLEY-HORN (“CONSULTANT”)
Signature: Name:
Its:
Date:
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kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
November 25, 2025
Mr. Ryan Stempski, P.E.
Public Works Director
City of Hastings
1225 Progress Drive
Hastings, MN 55033
Re: Proposal for City Engineering Transition Services
Dear Mr. Stempski:
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this Letter
Proposal to the City of Hastings (“Client” or “City”) to assist the City in their transition to a new City
Engineer. Our project understanding, scope of services, proposed hourly rate are provided below. We
understand that this proposal will be included as an attachment to a City prepared Agreement for
Professional Services.
Project Understanding
The City of Hastings has requested that Kimley-Horn fulfill a short-term need to assist the City in
performing the duties of the City Engineer role and supporting the transition to a new City Engineer.
Kimley-Horn proposes to provide Cody Mathisen, former City Engineer for the City of Hastings, to fill
this role from December 2025 through February of 2026.
Based on our understanding of the City’s needs for this role, we assume the following:
Cody will take direction from the Public Works Director for requests to complete specific tasks
or attend meetings. Likely requests include:
o Project close-out efforts for existing City projects
o Payment process/reimbursement support for existing projects/grants
o Preparation of Council reports
o Coordination meetings on existing projects/developments
o Staff meetings focused on transition of City Engineer role
No regular office hours will be provided, although Cody will travel to City Hall for specific
tasks or meetings as requested.
8-12 hours per week is the anticipated level of effort.
Requested support will not include acting as the City Engineer or City Representative for the
Metropolitan Council Environmental Services (MCES) Interceptor project.
Requested support will not include project work on City Project (CP) 26-1 Neighborhood
Infrastructure Improvements. This proposal assumes the City will engage Kimley-Horn in a
separate Contract for final design services for CP 26-1.
EXHIBIT A
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kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
Scope of Services
Kimley-Horn will provide City Engineering Transition services on an hourly basis as outlined in the
project understanding. We will provide these services for an average of eight (8) to twelve (12) hours
per week from December 2025 through February 2026. Kimley-Horn is committed to making Cody
available to begin these services upon execution of a Contract, which is anticipated on December 2,
2025.
Fee and Expenses
Fees for Cody to provide City Engineering Transition Services will be billed on an hourly basis at an
hourly rate of $175.00 per hour. Administrative time required to facilitate the Contract (i.e.,
management, coordination, invoicing) will be billed based on our current hourly rate schedule. Any
additional staff support requested or requests for Cody’s time after February 2026 will also be billed
based on our current hourly rate schedule.
We appreciate the opportunity to submit this proposal and look forward to serving the City of Hastings
in this capacity. Please contact me at eric.fosmo@kimley-horn.com or 651.643.6449 if you have any
questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Eric Fosmo, P.E.
Vice President
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