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HomeMy WebLinkAboutItem 06.uOctober 2, 201.4 Item No. JOINT POWERS AGREEMENT WITH DAKOTA COUNTY AND AGREEMENT WITH; 'I'ONEBROOKE ENGINEERING FOR PROFESSIONAL SERVICES OR. 185TH STREET TRAIL BETWEEN 'J OER PATH AND I AVA AVENUE October 6, 2014 City Council Meeting Pr. oposed Acdo Staff recommends adoption of the following motion: Move to approve Joint Powers A reement JPA with Dakota County for Engineering and Trail Construction and Agreement with Stonebrooke En ineerino for Professional En ineerin Services for the 185th Street Trail Extension between ,Jaeger Path and 1pava Avenue,_CL Project 14-11 Passage of this motion will establish City and County project responsibilities and costs associated with the trail project, and authorize the City to enter into an agreement with Stonebrooke Engineering to provide professional engineering services according to the scope of work established in their proposal dated October 1, 2014. Ove»ewl The City and County propose to construct a trail along the north side of :8sth Street (CSAH 60) from Jaeger Pathe to 1pava Avenue, consistent with the City's Comprehensive Trail System Plan, in 2015. Completion of this trail segment, in combination with the trail improvements that will be constructed in 2015 with the CSAH So/6o Roundabout and Highway Expansion project, will provide a trail connection between Kenwood Trail (CSAH 5o) and 1pava Avenue. Attached is a JPA with Dakota County that identifies the°project responsibilities and costs. The Dakota CountyBoard of Commissioners has .approved the JPA, Also attached is a.proposal from Stonebrooke Engineering providing the scope of work, estimated cost and schedule for completing the design engineering on this project. Primary Issues to Consider e What is the projectfinancing? See attached response. Sup-portingInformateoar Staff analysis of primary issues Joint 'Powers Agreement (Contract No. C0026:L65) Professional Engineering Services Agreement and Stonebrooke Engineering proposal dated Octobers, 2014 _::�_k Zak Johns, n City Eng > r Financial Impact: 5313,264 Budgeted: Yes Source: Park Dedication Fund Related'. Docume€tts•(CIP, ERP,.etc.): 2014-2018 Capital Improvement Plan Notes: Additional funding provided by Dakota .County and City Escrow Fund Staff A clysis f Primgry Issues 0 What is the project financing? The City will be responsible for 45% of the project casts (Le. engineering, easement acquisition and construction). Financinq wiF be provided from the City's Escrow Fund and Paris Dedication Fund. Listed below is a summary of the Project's funding sources: Dakota County: $175,595 6 City .of:Lak:evill.e: $12-foo.o(CityEsc-ow. Fund) 9 City of Lakeville: (Furl. Dedicat�o r Fund', Total Project: 5;Lq,?54 The approved 202.4-2018 Capital improvement elan identifies the westeriy project limit as Jamaica Patti. The trail segment between Jamaica Path and Jaeger Path was incorporated into the CSAH So/6o Roundabout and Highway Expansion project during plan development, therefore this. project identifies Jaeger Path as the new westerly starting paint. Dakota County Contract # C0026165 JOINT POWERS AGREEMENT FOR ENGINEERING AND TRAIL CONSTRUCTION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE DAKOTA COUNTY PROJECT NO. 60-22 CITY PROJECT NO. 1413 SYNOPSIS: Dakota County Transportation Department the City agree to construct a bituminous trail on the north side of County State Aid Highway (CSAR) 60 (185th Street) from Jaeger Path to 1pava Avenue in Lakeville, Dakota County. Dakota County Contract No. C0026165 September, 2014 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as the "County", and the City of Lakeville, referred to in this Agreement as the "City". WHEREAS, under Minnesota Statutes Sections 162.17, subd. 1 and 471.59, subd. 1, two governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to construct a bituminous trail on the north side of County State Aid Highway (CSAR) 60 (185«' Street) from Jaeger Path to Ipava Avenue in Lakeville, Dakota County, the "project'; and WHEREAS, the County and the City have included these projects in their Capital Improvement Programs to share project responsibilities. NOW, THEREFORE, it is agreed the County and City will share project responsibilities and jointly participate in the project costs associated with trail construction and related activities as described in the following sections: 1. Engineering Costs. The costs related to design engineering, construction engineering, construction management, construction inspection and all related materials testing shall be shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City. See Section 2 for assignment of engineering and administrative responsibilities. 2. Plans Specifications and Award of Contract. The City will prepare plans and specifications consistent with County design practices, State -Aid design standards, the Dakota County Transportation Plan, and the City's utility and street construction standard specifications. County concurrence with the plans and specifications is required prior to advertising for bids. The City Council will award the contract for construction of the bituminous trail to the lowest responsive and responsible bidder in accordance with state law. 3. Trail Construction Costs. Construction costs shall be shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City. Cost sharing includes: a. All trail related construction and restoration items within County or City right of way b. Replacement or adjustment of sanitary sewer, water and storm sewer systems, if required due to trail construction c. Relocating or adjusting privately owned utilities on their easement within Dakota County or City right of way, when not performed at the expense of the utility 2 Dakota County Contract No. C0026165 September, 2014 d. Any required water pollution control best management practices, rate and volume control requirements necessary for trail construction within County or City right of way. 4. e=stimated Costs. It is estimated that the cost of constructing the bituminous trail, including engineering costs as defined in Section 1, is as follows: CSAH 6011851" Street construction — Length: 3,100' Jaeger Path to Ipava Avenue — north side Cost Share: City $143,668.80 (45%), County $175,59520 (55%), Total $319,264 5. Easements. The City will acquire all necessary permanent easements and temporary construction easements for trail construction. Easement costs shall be shared in the amount of fifty-five percent (55%) by the County and forty-five percent (45%) by the City. The City shall purchase the necessary easements in accordance with State statutes and rules governing acquisition of public right-of- way. Upon completion of the project, ownership of all permanent easements shall be transferred to Dakota County by Quit Claim Deed executed by the City. Maintenance and operation of the trail within the easement areas shall be in accordance with the Maintenance Agreement for County Bikeway Trails governing trail maintenance and operation. 6. Past, The City will act as the paying agent for all payments to the Contractor. Payments to the contractor will be made as the Project work progresses and when certified by the City Engineer. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days from the presentation of the claim. If any portion of an itemized claire is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. 7. Change Orders and SuI212lemental Agreements. Any change orders or supplemental agreements that affect the project cost participation must be approved by both the City and County prior to execution of work. 8. Amendments. Any amendment to this Agreement will be effective only after approval by both governing bodies and execution of a written amendment document by duly authorized officials of each body. 9. Effective Dates for Desi n and Construction of Project. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2016. 3 Dakota County Contract No. C0026165 September, 2014 10. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures, and State statutes as applicable to carrying out the work contemplated in this Agreement unless amended by the contract specifications. 11. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents, The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. 12. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the City's employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 13, Audit. Pursuant to Minn. Stat. Sec. 160.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the Agreement are subject to examination by the County, the City, and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 14. Integration and Continuing Effect. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the County and the City regarding the project; whether written or oral. All agreements for future maintenance 4 Dakota County Contract No. C0026165 September, 2014 or cost responsibilities shall survive and continue in full force and effect after completion of the projects provided for in this Agreement. 15. Authorized Representatives. The County's authorized representative for the purpose of the administration of this Agreement is Mark Krebsbach, Dakota County Engineer, 14955 Galaxie Avenue, 3rd Floor, Apple Valley, MN 55124-8579, phone (952) 891-7100, or his successor. The City's authorized representative for the purpose of the administration of this Agreement is Zach Johnson, City Engineer, 20195 Holyoke Avenue, Lakeville, MN 55044, phone (952) 985-4500, or his successor. All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] l+:W-IighwaylAGI�?MEN7'120941Trail Projecf 60-22 Lakeville C0026965.docx IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: City Engineer RECOMMENDED FOR APPROVAL: County Engineer COUNTY BOARD RESOLUTION No. Date: CITY OF LAKEVILLE By Mayor (SEAL) By City Clerk DAKOTA COUNTY Date By Physical Development Director Date: APPROVED AS TO FORM: Assistant County Attorney Date AGREEMENT FOR. PROFESSIONAL ENGINEERING SERVICES AGREEMENT made this __day of _ 20 between the CITY OF LAI EVILLE, a Minnesota municipal corporation, hereinafter called the "OWNER", and STONERROOKE ENGINEERING, INC., a. Minnesota corporation, hereinafter called the "ENGINEER." 1, SCOPE OF SERVICES. The .Engineer shall provide professional engineering services for 1851' Street Trail (CP 14-13) project as detailed in this Agreement and in the Letter &on1 Stonebrooke dated October 1, 2014.RE: 1851' Street West Trail Extension. 2. PUBLIC IMPROVEMENT PROJECT SERVICES OF ENGINEER 2.2. PRELIMINARY DESIGN PHASE 2.2.1. In consultation with OWNER; determine the general scope, extent and character of the Project; attend necessary meetings and be available for general consultation. 2.2.2. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 2.2.3. Advise OWNER if additional data or services of the types described in paragraph 4.4 are necessary and assist OWNER in obtaining such data and services. 2.2.4. Based on the information contained in the Preliminary Design documents, submit a revised opinion of probable Total Project Casts. 2.2.5. Furnish preliminary legal descriptions and exhibits for all permanent and temporary easements anticipated to construct the Project. 2.2.6. burnish three (3) copies of the above Preliminary Design documents and one (1) electronic copy and present and review thein in person with OWNER 2.3. FINAL DESIGN PHASE 2.3.1. On the basis of the accepted Preliminary Design documents, the City's design standards, and the revised opinion of probable Total. Project Costs prepare for incorporation in the Bidding Documents final drawings to show the general scope, extent and character of the work to be furnished and performed by Contractor(s) (hereinafter called "flans") and Specifications. 2.3.2. Provide technical criteria, written descriptions and design data for use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the Project, and assist OWNER in consultations with appropriate authorities. The ENGINEER shall submit all applications and permit support data to the appropriate agencies and submit copies to the OWNER. RNK: 10/1/2014 2.3.3. Based on property information received from Owner in accordance with Paragraph 4.4, provide legal descriptions and exhibits for all easements, property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable Contractor(s) to proceed with their work. 2.3.4. Advise OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the Project or Construction Costs, Furnish to OWNER a revised opinion of probable Total Project Costs based on the Plans and Specifications. 2.3.5. Prepare for review and approval by OWNER, its legal counsel and other advisors contract agreeinent forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. 2.3.6. Attend necessary hearings and meetings and be available for general consultation. 2.3:7. furnish three (3) copies of the listed Final Design documents, including the Plans and Specifications, and present and review them in person with OWNER.. 2.3.8. The ENGINEER shall furnish one copy of all design calculations when requested by OWNER, 2.4. BIDDING OR NEGOTIATING PHASE 2.4.1. The .ENGINEER shall prepare and forward the Advertisement for Bids to the designated publications, official newspaper and the OWNER. The ENGINEER shall supply up to thirty (30) sets of fall size final Plans and Specifications for use in obtaining bids and submitting for general review. The ENGINEER shall maintain a record of prospective bidders to whore Bidding Documents have been issued, attend pre-bid meetings and receive and process deposits for Bidding Documents. 2.4.2. Prepare Contract Documents. 2.4.3. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 2.4.4. Consult with. and advise OWNER as to the acceptability of the prime contractor and subcontractors, suppliers, and other persons and organizations proposed by the prime contractor(s) (herein called "Contractor(s)") fbr the portions of the work where acceptability is required by the Bidding Documents. 2.4.5. Consult with and advise OWNER concerning and determining; the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. RNK: 10/1/2014 2 2.4.6. Attend the bid opening, prepare bid tabulation sheets and assist OWNER in evaluating bidder qualifications and recommendations on bids, and in assembling and awarding contracts for construction, materials, equipment and services. 2.5. CONSTRUCTION PHASE 2.5.1. ENGINEER shall provide construction. staking. 2.6. OPERATIONAL PHASE 2.6.1. Within ninety (90) days after completion of a Project, prepare a set of reproducible record prints of Drawings and an electronic version that satisfy the City of Lakeville Record Drawing requirements, attached hereto, showing those changes made during the construction process, based on the marked -up prints, drawings and other data furnished by Contractor(s) to .ENGINEER and which .ENGINEER considered significant. ENGINEER will not be responsible for any errors or omissions in the information provided by Contractor that is incorporated in the recor=d drawings and record documents. Final payment will be made only after record drawings are received by the OWNER:.. 2.6.2. Assist OWNER in preparation of assessment roll for City improvement projects, and attend assessment hearings. 3. ADDITIONAL PUBLIC IMPROVEMENT PROM CT SERVICES OF ENGINEER. 3.1. SERVICES REQUIRING ADVANCE AUTHORIZATION. If authorized in writing by OWNER, ENGINEER shall finnish or obtain from others Additional Services of the types listed in paragraphs 3.1..1 through 3.1.12, inclusive. 3.1.1. Preparation ofapplications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Proiect of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having Jurisdiction over the anticipated environmental impact of the Project. 3.1.2. Field Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished to OWNER by others, including surveys to verify location or improve accuracy of record information. 3.1.3. Services resulting; from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond ENGINEER'S control. 1tNK, 10!1!2014 3.1.4. Providing renderings or models for OWNER'S use. 3,1.5. Pr=eparing documents for alternate bids requested by OWNER for Contractor(s)' work which is not executed or documents for out -of -sequence work. 3.1.6. Investigations and studies involving, but not limited to, detailed consideration of operations; maintenance and overhead expenses; providing value engineering during the course of design; the preparation of `feasibility studies; cash flour and economic evaluations, rate schedules and ,appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, assisting OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits. or inventories required in connection with construction performed by OWNER. 3.1.7. Furnishing services of independent professional associates and consultants for other than Basic Services (which include. but are not limited to, customary civil, structural, mechanical and electrical engineering and customary architectural design incidental thereto); and providing data or. services of the types. described in paragraph 4.4 when OWNER. employs ENGINEER lo provide such data or services in lieu of furnishing the sarxie in accordance with paragraph 4.4. 3,.i .8. Services during out -of --town travel required of ENGINEER other than visits .to the site car W NEXS office: 3.1.9': Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except when such assistance is required to complete services called for in paragraph:14; 3.1.10. Preparation of operating; maintenance and staffing 'manuals to s ipplement Ba'sira Services. 3.1.11. Preparing to serve or serving. as a consultant or witness for OWNER. in any litigation, arbitration or other legal or adrninistrativr? proceeding involving the Project unless the ENGINEER is a defendant (except for assistance in consultations which is included as part of Basic Services: 3,1.12, Additional services in connection with. the Project, including services which are to be furnished by OWNER in accordance with Section 4, and: services not otherwise provided for in. this Agreunent. 3.2. SERVICES NOT REQUIRING ADVANCE AOTIJ RIZ TION. When regi iced by the Contract Documents in circumstances beyond. ENGINEER'S ,control, ENGINEER shall furnish or obtain frorrr others; as circumstances require during construction and Without waiting fol' $pecific authorization from OWNER, Additional Services listed in paragraphs 3.2.1 thr'otrgh 32.5, inclusive: These services are not included as parr of Basic Services. ENGINEER shall advise OWNER.. prorrnptly afi`er starting any such: additional services which will be paid for byOWNER. RNIB:; 0.1112014 4 3.2. 1. Services in connection with work directive changes and change orders to reflect changes requested by OWNER if the resulting change in c0111perlsation for Basic Services is not commensurate with the additional services rendered. 3.2.2. Services in making revisions to Plans and Specifications occasioned by the acceptance of substitutions proposed by Contractor(s); and services after the award to each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor. 3.2.3. Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 3.2.4. Additional or extended set -vices daring construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, and (4) default by any Contractor. 3.2.5. Services (other than Basic Services during the Operational Phase) in connection with any partial use of any pant ofthe Project by OWNER prior to Substantial Completion. 4, OWNER'S PUBLIC IMPROVEMENT PROM CT RESPONSIBILITIES. OWNER shall do the following: 4.1. Designate in writing a person to act as OWNER'S representative with respect to the services to be rendered under this Agreement, such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to ENGTNEER'S services for the Project. 4.2. Provide criteria and information as to OWNER'S requirernents for the Project, including design objectives and constraints; space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of design and construction standards OWNER will require to be included in the Pians and Specifications, 4.3. Assist ENGINEER by placing at ENGINEER'S disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4.4. Furnish to ENGINEER as required for performance of ENGINEER'S Basic Services except to the extent provided otherwise by attached amendment, the following: 4.4.1. Data prepared by or services of others, including without limitation, borings, and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; 4,4.2. Appropriate professional interpretations of all the foregoing, RNK: 10/112014 4.4.3. Environmental assessment and impact statements, if needed; 4.4.4. Property, boundary, easement, right-of-way, topographic and utility surveys; 4.4.5. Property descriptions; and 4.4.6. Zoning, deed and other land use restrictions; All of which ENGINEER may use and rely upon in performing services ender this Agreement. 4.5. Provide engineering surveys or authorize ENGINEER to establish reference points for construction to enable Contractor(s) to proceed with the layout of the work. 4.6. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. 4.7. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER. Obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 4.8. Prepare applications and provide support for approvals and permits fiorn all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 4.9. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or ENGINEER. may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the monies paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rale, regulations, ordinance, code or order applicable to their furnishing and performing the work. 4.10. If OWNER designates a Berson to represent OWNER at the site who is not ENGINEER or ENGINEER`S agent or employee, the duties, responsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINEER and the Resident Project Representative (and any assistants) will be set forth in a supplemental agreement. 4.11. if more than one prime contract is to be awarded for construction, materWs, equipment and services for the entire Project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. 4.12. Furnish to ENGINEER data or estimated figures as to OWNER'S anticipated costs for services to be provided by others for OWNER so that ENGINEER may make the necessary findings to support opinions of probable Total Project Costs. RNK: 10/1/2014 6 4.13. Attend the pre-bid meeting, bid opening, pre -construction meetings, construction progress and other job related meetings and substantial completion inspections and final payment inspections. 4.14. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope of tinging of ENGINEER'S services, or any defect or nonconformance in the work of any Contractor. 4.15. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 3.1 of this Agreement or other services as required. 4.16. Require all Private Utilities with facilities in the OWNER'S right of way to: (a) Locate and rnark said utilities upon request; (b) Relocate and/or protect said utilities as determined necessary to accommodate the proposed Work; (c) Subunit a schedule of the necessary relocation/protection activities to the OWNER for review. 4.17. Bear all costs incident to compliance with the requirements of this Section 4. t 1 Cil OUR Rawtvi—MM 5.1. The provisions of Section 6 and the various rates of compensation for ENGINEER'S services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ENGINEER'S obligation to render services hereunder will extend for a period which inay reasonably be required for the design, award of contracts, construction and initial operation of the Project including extra work and required extensions thereto. 5.4. After acceptance by OWNER of the Preliminary Design Phase documents and revised opinion of probable Total Project Costs, indicating any specific modifications or changes in the general scope, extent or character of the Project desired by OWNER, and upon written authorization fi-oin OWNER, ENGINEER shall proceed with the performance of the services called for in the Final Design Phase; and shall deliver Contract Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on the Project within the agreed period. 5.5. ENGINEER'S services under the Preliminary Design Phase, and final Design Phase, shall each be considered complete when the submissions for that phase have been accepted by OViJNER. 5.6. After acceptance by OWNER of the ENGINEER'S Drawings, Specifications and other Final Design Phase documentation including the most recent opinion of probable Total Project Costs and upon written authorization to proceed, ENGINEER shall proceed with performance of the services called for in the Bidding or Negotiating phase. This Phase shall terminate and the services to be rendered there€under shall be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractor(s). RNK: 10/r/2€I14 7 5 7: `Fbe ,Construction Phase will commence with the execration of the first prune contract to be executed for the work of the: Project or any part thereof, and will terminate iron written recommendation by ENGINEER of .final payment on the last prime contract to be completed. Construction Phase services may be rendered at different tunes in respect of separate prime contracts if the Project involves more than one prime contract. 5 8. The Operational Phase. will commence during the Construction Phase and will terminate upon the Inst of the folly wing events;. (1) one year after the date of Sul sta€ tial Completion, as. defined in the Contract Documents, if the last prune contract for construction, materials and equipment on which substantial completion is achieved; (2) after final`payih.errt to'tIre Coxit'actor{s). (3) after all known. issues have been satisfactorily resolved. if OWNER requests significant modifications or changes in the general scope,; extent or character of the Prcject, the time of performance: of ENGINEER'S services shall be adjusted equitably.. 5JO OWNER shall. give prompt atithorization to proceed or not proceed with any phase of services. after<conapletion of the immediately preceding phase. 5:I 1: In. the event that the work designed or specified, by E,NGTNEER is to be furnisIied or perfoirined order more than one prune contract, prif ENGINEER'S services are to be separately segUenced with thee: work of one or more prime contractors (such as in the case of fast -tracking),, OWNER and ENGINEER. shall, prion to commencement of the Final Design Phase; develop a schedule for performance: of ENGINE ER'S services during. the rural Design,. Bidding, or Negotiating and Construction Phases in o der to sequence and coord nato properly such services as are applicableto the work under such separate contracts: 6. ]PAYMNTS TO ENGM, ER. 6.1 PAYMENT; For services required under this Agreement and Optional Service ENGINEER will he paid on an hourly basisin accordance with Exhibit. " A" attacliedl hereto with a maxi nurn not to :exceed cost of $73,517.69, inclusive. of taxes and expenses, .for required services. These not'to exceed casts shaft not be adjusted even if the estimated nt ntber of hours to perform a task;; the estimated number of meetings, or any other matter is exceeded. 6.2. OTHER. PROVISIONS CONCERNING PAYMENTS. 6:2.1. If 0 '1TVl ER fails to mare any payment due ENGINEER foie services and expenses. within thirty five (35) nays after receipt of I NGlM,,;El;VS statement therefor, the amounts due ENGINEER will be increased at the tate of one-half percent (112%) per month frorxr said tbirtieth day, and in addition, ENGINEER may. after- giving seven (7) days' written notice to OWNER, suspend services under this Agreerneht until ENGINEER has been paid in full all arnou is dere for services, expenses and charges: RNK-1 1071/20.I4 6.2.2. In the event of termination by OWNER under paragraph 8.2 upon the completion of any phase of the Basic Services, progress payments clue ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER will be paid for services actually and necessarily rendered during that phase by ENGINEER'S principals and employees engaged directly on the Project, on the basis of ENGINEER'S Dourly Costs based upon the fee schedule on file with the City. In the event of any such tennination, ENGINEER also will be reimbursed for the reasonable charges of independent professional associates and consultants employed by ENGINEER to render Basic Services, and. paid for all unpaid Additional Services and unpaid reinlbursables. 6.2.3. Records of ENGINEER'S time pertinent to ENGINEER'S compensation under this Agreement will be Icept in accordance with generally accepted accounting principles. Copies will be made available to OWNER at cost on request prior to final payment for ENGINEER'S services. 6.2.4. ENGINEER shall comply with Minnesota Statute § 471.425. ENGINEER must pay Subcontractor for all undisputed services provided by Subcontractor within ten (10) days of ENGINEER'S receipt of payment from OWNER. ENGINEER must pay interest of one and five - tenths percent (1.5%) per month or any pant of a 111011th to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100) or more is Ten Dollars ($10). 7. CONSTRUCTION COSY" AND OPINIONS OF COST 7.1. CONSTRUCTION COST. The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include indirect costs such as ENGINEER'S compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER'S legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER pursuant to paragraph 4. (Construction Cost is one of the items comprising Total Project Cost which is defined in paragraph 2.1.6). 7.2. OPINIONS OF COSI'. Since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S opinions of probable Total project Costs and Construction Cost provided for herein are to be made on the basis of ENGINEER'S experience and qualifications and represent ENGINEER'S best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but .ENGINEER. cannot and does not guarantee that proposals, bids or actual. Total Project or Construction Costs will not vary from opinions of probable cost prepared by ENGINEER. RNK: 10/1/2014 9 8. GENERAL 8.1. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be pard by law or regulation. 8.2. TERMINATION. OWNER may terminate this Agreement and any Supplemental Agreement without cause by written notice delivered to the ENGINEER. Upon termination under this provision if there is no fault of the ENGINEER, the ENGINEER shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the OWNER terminates the Agreement because the ENGINEER has failed to perforin in accordance with this Agreement, no further payment shall be made to the ENGINEER, and the OWNER may retain another contractor to undertake or complete the work identified in the Contract Documents. If as a result, the OWNER incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed the not to exceed amount specified in the Contract Documents, if any, then the ENGINEER shall be responsible for the difference between the cost actually incurred and the Agreement amount. 8.3. DOCUMENTS. All documents including Plans and Specifications prepared or furnished by ENGINEER (and ENGINEER'S independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project and the OWNER will be provided with information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for recuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER'S sole risk. If the OWNER. or ENGINEER terminates this Agreement, copies of all files, records, and drawings in ENGINEER'S possession. relating to service performance for OWNER shall be turned over to OWNER without cost to OWNER. 8.4. MINNESOTA GOVERNMENT DATA PRACTICES ACT. The ENGINEER must comply with the Minnesota. Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the ENGINEER pursuant to this Agreement, The ENGINEER is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event the ENGINEER receives a request to release data, the ENGINEER must immediately notify the OWNER. The OWNER will give the ENGINEER instructions concerning the release of the data to the requesting party before the data is released and RNK: 10/1/2014 1.0 the ENGINEER will be reimbursed as Additional Public Improvement Services by OWNER ander Paragraph 3.1 for ENGINEER'S reasonable costs in complying with a request to release data. ENGINEER agrees to defend, indemnify, and hold the OWNER, its officials, officers, agents, employees, and volunteers harmless from any claims resulting fiiom ENGINEER'S officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 8.5. INSURANCE 8.5.1. ENGINEER shall secure and maintain such insurance as will protect ENGINEER from claittns tinder the Worker's Compensation Acts, automobile liability, and from claims for bodily injury, death, or property damage which may arise fi-om the performance of services under this Agreement. Such insurance shall be written for amounts not less than: Commercial General Liability $2;000,000 each occurrence/aggregate Automobile Liability $2,000,000 combined single limit Excess/Unnbrella Liability $2,000,000 each occurrence/aggregate The OWNER shall be named as an additional insured on the general liability and umbrella policies on a primary and nowt -contributory basis. That part of the Excess/Umbrella Liability Insurance limit in excess of the required Excess/Umbrella coverage may be utilized to supplement and meet the required lit -nits for Commercial General and Automobile Liability Insurance. 8.5,2. Professional Liability Insurance. The ENGINEER shall secure and maintain a professional liability insurance policy. Said. policy shall insure payment of damages for legal liability arising out of the performance of professional services for the OWNER, in the insured's capacity as ENGINEER, if such legal liability is caused by a negligent act, error or omission of the insured or any person or organization for which the insured is legally liable. Said policy shall provide minimum limits of $1,000,000 with a deductible maxiniutn of $50,000 unless the OWNER. agrees to a high deductible. 8.5.3. Before commencing worse the ENGINEER shall provide the OWNER a certificate of insurance evidencing the required insurance coverage in a form acceptable to OWNER. The certificate shall provide that such insurance will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to ENGINEER and OWNER in the case of cancellation due to non-payment of premium and at least 30 days prior written notice for any other reason, or such longer notification periods as may be required by statute. Within three days of receipt of such written notice, ENGINEER shall provide a copy of the notice to OWNER. RNK: 10/1/2014 11 8.6. INDEMNIFICATION. The ENGINEER agrees, to the f Blest extent permitted by law, to indemnify and hold OWNER harmless from any damage, liability, or cost (including reasonable attorney's fees and costs of defense) to the extent caused by ENGINEER's acts, errors, or omissions in the performance of professional services under this Agreement and those of his or her subcontractors or anyone for whom the ENGINEER. is liable. 8.7. PROFESSIONAL STANDARDS. ENGINEER shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. No other warranty, expressed or implied, is inch€ded in this Agreement. ENGINEER shall comply with applicable laws, statutes, ordinances, and regulations and the OWNER's mandated standards that OWNER has provided ENGINEER in writing. OWNER shall not be responsible for discovering deficiencies in the accuracy of ENGINEER'S services. 8.8. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to give any rights to anyone other than OWNER and ENGINEER. 8.9. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this contract shall be venued in the Dakota County District Court. 8.10. SUCCESSORS AND ASSIGNS 8.10.1. OWNER and ENGINEER each is hereby bound and the partners; successors, executors, administrators and legal representatives of OWNER and ENGINEER are hereby bound to the other party, to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. 8.10.2. Neither OWNER nor ENGINEER. shall assign, sublet or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER fio€n employing such independent professional associates and consultants as ENGINEER may deern appropriate to assist in the performance of services hereunder. 8.:10.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and. responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and ENGINEER and not for the benefit of any other party. RNK: 1011/2014 12 8.11. PROMPT PAYMENT TO SUBCONTRACTORS, Pursuant to Minn. Stat. §471.25, Subd, 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1'/2 percent per month or any part of the month to the subcontractor on any undisputed arnount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties frorn the contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 8.12. COPYRIGHT/PA7'EN'.I' INFRINGEMENT. ENGINEER shall defend actions or claims charging infi•ingement of any copyright or patent by reason of the use or adoption of any designs, Drawings or Specifications supplied by it, and it shall hold harmless the OWNER from loss or damage resulting there from. 8.13. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 8.14. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 8.15. SEVERABILITY. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining; provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agreement shall be reforrned to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.16. WAIVER. A party's non -enforcement of any prevision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF LAKE, VILLE STONE�.OICE ENGINEERING, INC. Matt Little, Mayor Its AND Charlene Ilriedges, City Clerk RNK: 10/1/2014 13 a .1.2467 I: r ono Ave., Sto 'I Savaq , MiN 55378 o 9=>2.40 .92E12 f 952,,10,3.6803 W October 1, 2014 Attn: Zach Johnson City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 RE: 185th Street West Trail Extension Dear Mr. Johnson Thank you for the opportunity to provide this scope of work and cost estimate for the City of Lakeville 185th Street West Trail Extension Project from Jaeger Path to Ipava Avenue. It is our understanding that this project includes: • Trail Design for a new 8' bituminous trail from Jaeger Path to Ipava Avenue on the north side of 185t' Street West • Final Construction Plan Set, Special Provisions, and Engineer's Construction Cost Estimate • Private Utility Coordination • Topographic Survey and Construction Staking • Wetland Delineation and Reporting • Permitting, as necessary • Geotechnical evaluation and reporting • Coordination with the City of Lakeville and Dakota County (as needed) during the design process • As -built survey and plans • Right of Way acquisition for up to 4 parcels, including parcel sketches and legal descriptions. • Coordination of bidding process and assembly of bid package. This cost proposal was prepared using the following assumptions: • Project will be designed in accordance with MnDOT State Aid and City of Lakeville Standards • Local funds will be used to construct the Project • Future expansion of CSAH 60 will not be accounted for during the trail expansion (no definite plans are in place for this at this time) • Completion of final construction documents and bid opening in spring of 2015, with construction during the 2015 construction season • MnDOT 2014 Standard Specifications for Construction will be used Stonebrooke CD W-,tone[�rnol<E.crreirie�;riric}.earn • No lighting plans/design are included • No construction administration is included • No hydraulic analysis for culverts is included • No City utility work/design is included ® The City will obtain title work and appraisals (we will coordinate the appraisal) Engineering services will be provided on an hourly basis with a not to exceed cost. If for any reason an unforeseen situation is identified that would affect the cost, Stonebrooke will notify the City prior to completing the work. A cost proposal to complete the work is attached, including the hourly rates and the total not to exceed project fee. A detailed cost breakdown by task has also been attached for your information. Thank you again for this opportunity. If you have any questions regarding this proposal feel free to contact myself or Tim Arvidson at your convenience. Sincerely, � ' t Tyler W. Newhall, PE Project Manager Stonebrooke Engineering, Inc. DETAILED WORK PLAN Stonebrooke ESTIMATED PERSON -HOURS AND TASKS 185th Street West Trail Extension City Of Lakevl l ie CLIENT: PROJECT: CONSULTANT: City of Lakeville 185th Street West Trail Extension Stohebrooke Eir ineerin , inc <.0i Topographic Survey 25 2.02 GSOC Locate Repuest I 1 2.03 8/W Research 6 5 Project Princlp, Project Manager Design Engineer RLS Sr CADD Teci1 One -Person survey Crew lata[$ Task No. Work Task Description 3-04 Identify Right of Way Needs Tim Tyler Jake Aaron Krm Tyler 6 TASK 1.0 Project Management 6 10 16 SUBTOTAL HOURS -TASK 3.0 0 27 1 74 1 0 1 30 0 131 1.0z Administration & Coordination with City/County Staff 20 4.06 Standard Plates ,.,It, 20 102 Project Management Team Meetings (Assnrne 3 Meetingsl 4.13, 9 2 q 1,03 Quality Assurance and Quality Control Functions (QA/QQ 6 4 �33 2 2 4,09 11 1 SUBTOTAL HOURS- TASK 1.0 b 1 0 0 1 0 0 39 TASK 2,0 Topographic Survey <.0i Topographic Survey 25 2.02 GSOC Locate Repuest I 1 2.03 8/W Research 6 5 2.04 Parcel Sketches and Legal Desr€ptions (assume 4 properties at .5 hours per property) 1 20 21 2,05 Existing Topography Drawing 4 3-09 SUBTOTAL HOURS - TASK 2.0 1 0 1 =1 27 1 4 25 57 TASK 3.0 Preliminary Layout/Design 5-0] NPDES Permit lif a licable 2 2 3.01 Prepare Concept Layoutfer CityReview 3 i6 19 3.02 Modify Layout per City Comments/Finalize Trail Layout 3 3 li 3-09 Vertical Design of Trail, including Determination of Construction Limits 8 64 72 3-04 Identify Right of Way Needs I 5 7 3.05 Trail 5ection Design/Caordinatian with Braun 6 6 3.05 Private Utility Coordination and Meetings (Assumes 2 Meetings 6 10 16 SUBTOTAL HOURS -TASK 3.0 0 27 1 74 1 0 1 30 0 131 TASK 4.0 Final Design/Plans, Specifications, and Cost Estimates 5-0] NPDES Permit lif a licable 2 2 5.D2 Dakotz Count R/vV PernR if 42pflcable2 2 4,011 Final Plan Preparation Title Sheet 2 2 SUBTOTAL HOURS - TASK 5.0 0 0 4 0 0 0 4 2 0 2 4.62 Generai Layout 1 4 5 4.03 Typical Sectlot;i 4 4 4.04 Soils and Construction Notes 1 3 4 4.05 Earthwork 5urnmar 2 12 14 4.06 Standard Plates ,.,It, 2 2 4.13, Miscellaneous Details 2 2 Ad3S Standard Plan Sheets 2 2 4,09 Alignment Plan; a nd Tabulations 1 2 4 4.1e Removal Plans/In-Place Topography 2 12 14 4.11 Construction Plan and Profiles (includes culverts) 4 8 12 24 4.12 Cross Sections 4 E 12 4.13 Intersection/AOA Details 1 10 4 14 4,14 SWPPP 1 2 2 4,15 Turf Establishment/Erosion Control 4 10 14 4.16 Traffic Control Plans 2 8 10 4,17 Supmit prafr Plah to Ci and County for Review 4 4 4,18 JAddresn City and County Plan Comments 3 $ 14 25 4,19 Final Plan Submittal 2 2 4 4.2a Final Construction Cost Estimate and Quantity Take -Offs 4 12 16 4.21 Bid Package and Coordinate Hiddmg Process (including Ad fat Bid) 14 14 4.22 Final Special Provisions 12 12 SUBTOTAL HOURS - TASK 4.0 0 52 1 65 J0 87 0 2(14 TASK 5.0 identify and Obtain All Required Approvals and Permits {see helaw for Wetland Permitting) 5-0] NPDES Permit lif a licable 2 2 5.D2 Dakotz Count R/vV PernR if 42pflcable2 2 5.03 Wetland Permitting see totals sheet for lump sum 0 2 2 SUBTOTAL HOURS - TASK 5.0 0 0 4 0 0 0 4 TASK 6.0 Construction Staking and As-Bul€ts 6.01 Construction Staking 28 2B 6.02 Answer Questions During GonsttucYlon Process 2 2 6.03 As -Built Survey 6 6 6.04 As -Built Pia n Set 2 10 12 SUBTOTAL HOURS -TASK 6.0 0 4 10 0 0 34 48 91 tD o; N 3n d co 1!'1 V' N N Q1 a 0 o Q o Q a O o p o LO n co n ri a rn �o m v 0 N rl o co N co m o a rn o o M a n N o o a a © n u1 O � � r yr tin to +miF vF M V O r cM o v a ti C Y^ C V Q Ln 0.fi r � M C � � n d n M rq r rt5 E `a N Q CJ d O C5 N co m N r R Y +n C n 'w C rb � Lm m � R 4 oo C m U} H mi fl. u N T Qj C a co CL N p V? ei W � C7 4 W ilF n io y a o a � 0. o s � E w Im CR' L CJ d v N N � V C M a � U � U. C C Y a 1} C •�" C U 6 Q '7 u a S' °n d . cc n w Cil C Y J t as aLv w w u ZD vi vi j u C Zs C n a z ¢ ¢ r c �° x of O F-