HomeMy WebLinkAboutItem 06.l
Date: 4 April 2016 Item No.
APPROVAL OF A CONTRACT FOR SERVICES WITH OERTEL ARCHITECTS, LTD.
FOR A SPACE NEEDS STUDY AT THE CENTRAL MAINTENANC FACILITY
Proposed Action
Staff recommends adoption of the following motion: Move to approve a contract for services
with Oertel Architects, Ltd. for a space needs study at the Central Maintenance Facility.
Overview
The City’s Streets and Parks Maintenance Divisions transferred into the Central Maintenance
Facility in 2005. Growth of the City since that time and evolving missions in both Streets and
Parks Maintenance have resulted in increases in the amount and type of equipment needed to
meet City needs, increased storage needs for equipment and materials, and increases in staff to
support a variety of projects.
The City solicited proposals from four consultants to evaluate internal space needs,
improvements to work area functionality, improvements to work flow, and a site analysis to meet
state and federal environmental regulations. The consultants were asked to provide the City with
recommendations for potential facility expansion, interior reconfiguration, site improvements,
sketch plans, and cost estimates for 5 and 10 year horizons.
Three of the four consultants returned proposals in a cost range from $8,500.00 to $18,200.00.
After evaluation by staff, Oertel Architects, Ltd., at a cost of $8,500.00 was selected as best
meeting the scope of the proposal and City needs. Staff recommends approval.
Primary Issues to Consider
Is a space needs study necessary? Yes. The City has added 30 centerline miles of roads in
the last 10 years along with the equipment and staff to maintain that added street mileage. In
addition, the Public Works mission has increased to include an engineering group for
construction project inspections, converting a conference room into office space.
Furthermore, a plan for outdoor commodity storage is required as part of our Storm Water
Pollution Prevention Plan (SWPPP). A plan for future facility and site use is a necessary
planning tool.
Supporting Information
A copy of the proposed contract is attached.
Financial Impact: $8,500.00 Budgeted: Yes Source: 4058.6540
Related Documents (CIP, ERP, etc.): 2016 Approved Budget
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Neil Normandin, Public Works and Facilities Coordinator
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the 4th day of April 2016, between the City of Lakeville,
Minnesota, a Minnesota municipal corporation (“City”), and Oertel Architects, Ltd., (“Consultant”)
whose business address is 1795 St. Clair Avenue, St. Paul, Minnesota 55105.
IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS
FOLLOWS:
1. Contract Documents. The Contract consists of the following documents, which shall be referred
to as the “Contract Documents,” all of which shall be taken together as a whole as the contract
between the parties as if they were set verbatim and in full herein:
A. This Professional Services Agreement;
B. City of Lakeville Request for Proposals for Lakeville Central Maintenance Facility Space
Needs Study;
C. Proposal by Oertel Architects, Ltd. for a space needs study at Lakeville’s Central
Maintenance Facility (“Proposal”).
2. Scope of Services. The City retains Consultant to perform the work identified in the Proposal
(“Project”) by Oertel Architects, Ltd.
3. Compensation. Consultant shall be paid by the City a fixed fee of $8,500.00. Standard
reimbursable expenses will be in addition to the fixed fee. The fee shall not be adjusted even if the
estimated number of hours to perform a task, the estimated number of meetings, or any other
estimate, assumption, or matter is wrong or exceeded. The Consultant will be paid up on
completion of the services and receipt of the deliverables by the City.
4. Documents. City shall be the owner of all plans, diagrams, documents, reports, studies, analysis,
and information generated by the Consultant in conjunction with this Agreement. City may use
the information for its purposes. Such use by City shall not relieve any liability on the part of the
Consultant.
5. Records Access. The Consultant shall provide City access to any books, documents, papers, and
record which are directly pertinent to the specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions for three years after final payments and all other pending
matters related to this Agreement are closed.
6. Compliance with Laws and Regulations. In providing services hereunder, Consultant shall abide
by all statutes, ordinances, rules and regulations pertaining to the provision of services to be
provided.
7. Standard of Care. Consultant shall exercise the same degrees of care, skill, and diligence in the
performance of the Services as ordinarily possessed and exercised by a professional consultant
under similar circumstances. No other warranty, express or implied, is included in this
Agreement. City shall not be responsible for discovering deficiencies in the accuracy of
Consultant’s services.
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8. Indemnification. Consultant shall indemnify and hold harmless City, its officers, agents, and
employees, of and from any and all claims, demands, actions, causes of action, including costs and
attorney’s fees, arising out of or by reason of the execution or performance of the work or services
provided for herein and further agrees to defend at its sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim of whatsoever character arising
hereunder.
9. Employee Claims. Consultant shall indemnify City against legal liability for damages arising out
of claims by Consultant’s employees.
10. Insurance. Consultant shall secure and maintain such insurance as will protect Consultant from
claims under the Worker’s Compensation Act, automobile liability, and from claims for bodily
injury, death, or property damage which may arise from 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
Excess/Umbrella Liability $2,000,000 each occurrence/aggregate
City shall be named as an additional insured on the general liability and umbrella policies.
Consultant shall secure and maintain a professional liability insurance policy. Such policy shall
insure payment of damages for legal liability arising out of the performance of professional
services for City, in the insured’s capacity as a consultant, 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 provided minimum limits of $1,000,000 with a deductible
maximum of $125,000 unless City agrees to a high deductible.
Before commencing work Consultant shall provide City a certificate of insurance from the insurer
evidencing the required insurance coverage in a form acceptable to the City. The certificate shall
provide that such insurance cannot be canceled until thirty (30) days after City has received
written notice of the insurer’s intention of cancelling this insurance.
11. Independent Contractor. City hereby retains Consultant as an independent contractor upon the
terms and conditions set forth in this Agreement. No statement herein shall be construed so as to
find the Consultant an employee of the City. Consultant is not an employee of City and is free to
contract with other entities as provided herein. Consultant shall be responsible for selecting the
means and methods of performing the work. Consultant shall furnish any and all supplies,
equipment, and incidentals necessary for Consultant’s performance und er this Agreement. City
and Consultant agree that Consultant shall not at any time or in any manner represent that the
Consultant or any of Consultant’s agents or employees of the City. Consultant shall be
exclusively responsible under this Agreement for Consultant’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 paid by law or
regulation.
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12. Subcontractors. Consultant shall not enter into subcontracts for services provided under this
Agreement without the express written consent of the City. Consultant shall comply with
Minnesota Statute Section 471.425. Consultant must pay Subcontractor for all undisputed
services provided by Subcontractor within ten (1) days of Consultant’s receipt of payment from
City. Consultant must pay one and one-half percent per month or any part of a month (eighteen
percent annually) on any undisputed amount not paid on time to Subcontractor. The minimum
monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00.
13. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, sexual orientation, marital status, status with regard to public
assistance, disability, or age. Consultant shall post in places available to employees and applicants
for employment, notices setting forth the provisions of this non-discrimination clause and stating
that all qualified applicants will receive consideration for employment. Consultant shall
incorporate the foregoing requirements of this paragraph in all of its subcontracts for program
work, and will require all of its subcontractors for such work to incorporate such requirements in
all subcontracts for program work.
14. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the
express written consent of the other party.
15. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than City and Consultant.
16. Waiver. Any waiver for either party of a breach of any provisi ons of this Agreement shall not
affect, in any respect, the validity of the remainder of this agreement.
17. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject matter
hereof as well as any previously agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties, unless
otherwise provided herein.
18. Controlling Law. This Agreement shall be governed by and construed in accordance with the laws
of the State of Minnesota.
19. Copyright. Consultant shall defend actions or claims charging infringement of any copyright or
patent by reason of the use or adoption of any designs, drawings or specifications supplied by it,
and shall hold harmless the City from loss or damage resulting there from.
20. Records. Consultant shall maintain complete and accurate records of time and expense involved
in the performance of services.
21. Termination. This Agreement may be terminated by the City with or without cause by ten (10)
days’ written notice. If termination or suspension is for City’s convenience, City shall pay
Consultant for the services performed through the date of termination.
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22. Data Privacy. Consultant 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, stores, used, maintained, or disseminated
by the Consultant pursuant to this Agreement. Consultant is subject to all t he 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 Consultant
receives a request to release data, Consultant must immediately notify City. City will give
Consultant instructions concerning the release of the data to the requesting party before data is
released. Consultant agrees to defend, indemnify, and hold City, its officials, officers, agents,
employees, and volunteers harmless from any claims resulting from Consultant’s officers’,
agents’, city’s, 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.
CITY OF LAKEVILLE
BY: ______________________________
Matt Little, Mayor
AND: ______________________________
Charlene Friedges, City Clerk
OERTEL ARCHITECTS, LTD.
By____________________________