HomeMy WebLinkAboutItem 06.s
Date: June 20, 2016 Item No.
APPROVE AWARD OF A CONTRACT FOR PROFESSIONAL LANDSACPE
ARCHITECTURE SERVICES ASSOCIATED WITH THE HOLYOKE AVENUE
IMPROVEMENT PROJECT TO HOISINGTON KOEGLER GROUP INC.
Proposed Action
Staff recommends adoption of the following motion: Approve a contract with Hoisington
Koegler Group Inc. for professional landscape architecture services within the Holyoke Avenue
Improvement Project area, City Project No. 17-04.
Approval of this contract will allow Hoisington Koegler Group Inc. to begin work on
streetscaping concepts for the Holyoke Avenue Improvement Project within the business
district portion of the project.
Overview
The City of Lakeville has identified within its Capital Improvement Plan (CIP) mill and overlay
work along that portion of Holyoke Avenue between Heritage Drive and 210 th Street. The City
has received feedback from property and business owners between Upper 206 th Street and
210 th Street that there is a desire to install additional streetscaping improvements in
conjunction with the roadway improvements.
The City solicited proposals for professional landscape architecture services within the Holyoke
Avenue Improvement Project after securing additional Dakota County CDA grant dollars to
complete the work. Four proposals were received ranging from an estimated $20,000/$26,000
to $30,000. All submittals were prepared by qualified firms. Staff is recommending
Hoisington Koegler Group Inc. complete the work based on their cost proposal, past project
experience and familiarity with the Downtown Lakeville Development Plan.
Primary Issues to Consider
• How will this work be funded?
• The City has secured a Dakota County CDA grant ($15,000) and CDBG funds ($15,000)
to complete this preliminary streetscaping concept and design work.
Supporting Information
• A copy of the proposal tabulation and consultant list is attached.
Financial Impact: $ Budgeted: Y☐ N☒ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Monica Heil, Operations and Maintenance Engineer
26,980 CDA Grant & CDBG Funds
TABULATION OF PROPOSALS
Professional Landscape Architecture within the Holyoke Avenue Improvement Project
CP 17-04
Landscape Architecture Firm Proposal Total
Hoisington Koegler Group Inc. $26,980
LHB, Inc.* $20,000 - $26,000
ISG $27,700
Kimley-Horn $30,000
*LHB indicated the final selected scope of the project would determine final design fees, and
as such, provided an estimated range for all deliverables associated with the project.
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 20 th day of June, 2016, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation ("City") and HOISINGTON KOEGLER GROUP
INC., a Minnesota business corporation ("Landscape Architect").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS
FOLLOWS:
1. SCOPE OF SERVICES. The City retains Landscape Architect to furnish the
services set forth in the Contract Documents. The Landscape Architect agrees to perform the
services.
2. CONTRACT DOCUMENTS. The following documents 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. Landscape Architect’s proposal dated June, 3 2016 RE: Landscape
Architecture Services for the Holyoke Avenue Improvement Project.
C. Billing rates.
D. Insurance certificate.
In the event of conflict among the provisions of the Contract Documents, the order in which they
are listed above shall control in resolving any such conflicts with Contract Document “A” has the
first priority and Contract Document “D” having the last priority.
3. COMPENSATION. Landscape architect shall be paid by the City for the services
described in Contract Documents on an hourly basis but not to exceed $26,980. The not to
exceed fee shall not be adjusted if the estimated hours to perform a task, the number of
estimated required meetings or any other estimate or assumption is exceeded. Landscape
architect shall request payment for services rendered on a monthly basis. The monthly
payment applications from Landscape architect shall identify work completed.
4. CHANGE ORDERS . All change orders, regardless of amount, must be approved
in advance and in writing by the City. No payment will be due or made for work done in
advance of such approval.
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5. DOCUMENTS. The City shall be the owner of all documents, reports, studies,
analysis and the like prepared by the Landscape architect in conjunction with this contract.
6. STANDARD OF CARE. Landscape architect shall exercise the same degree of
care, skill, and diligence in the performance of the services as is ordinarily possessed and
exercised by a professional Landscape Architect under similar circumstances. City shall not be
responsible for discovering deficiencies in the accuracy of Landscape Architect’ services.
Landscape Architect shall be responsible for the accuracy of the work and shall promptly make
necessary revisions or corrections resulting from errors and omissions on the part of Landscape
Architect without additional compensation.
7. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Landscape architect shall abide by all statutes, ordinances, rules and regulations
pertaining to the provisions of services to be provided.
8. INDEMNIFICATION. The Landscape Architect shall defend, indemnify and hold
harmless the 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 to the comparative extent
they are caused by Landscape Architect’s negligent acts or omissions or those negligent acts or
omissions of persons for whom Landscape architect is legally responsible
9. COPYRIGHT. Landscape Architect 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 them, and they shall hold harmless the City from loss or
damage resulting therefrom.
10. INSURANCE. The Landscape Architect shall purchase and maintain insurance to
protect itself from claims under the Worker's Compensation Act. Before commencing work the
Landscape Architect shall provide the City a certificate of insurance evidencing the required
insurance coverage in a form acceptable to City.
11. INDEPENDENT CONTRACTOR. The City hereby retains the Landscape Architect
as an independent contractor upon the terms and conditions set forth in this Agreement. The
Landscape Architect is not an employee of the City and is free to contract with other entities as
provided herein. Landscape Architect shall be responsible for selecting the means and methods
of performing the work. Landscape Architect shall furnish any and all supplies, equipment, and
incidentals necessary for Landscape Architect' performance under this Agreement. City and
Landscape Architect agree that Landscape Architect shall not at any time or in any manner
represent that Landscape Architect or any of Landscape Architect' agents or employees are in any
manner agents or employees of the City. Landscape Architect shall be exclusively responsible
under this Agreement for Landscape architect' own FICA payments, workers compensation
payments, unemployment compensation payments, withholding amounts, and/or self-
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employment taxes if any such payments, amounts, or taxes are required to be paid by law or
regulation.
12. SUBCONTRACTORS. Landscape Architect shall not enter into subcontracts for
services provided under this Agreement without the express written consent of the City.
Landscape architect shall comply with Minnesota Statute § 471.425. Landscape Architect must
pay Subcontractor for all undisputed services provided by Subcontractor within ten days of
Landscape Architect’s receipt of payment from City. Landscape Architect must pay interest of
1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not
paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of $100 or more is $10.
13. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising
herein, without the written consent of the other party.
14. WAIVER. Any waiver by either party of a breach of any provisions of this
Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
15. 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 previous 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.
16. CONTROLLING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
17. RECORDS. The Landscape Architect shall maintain complete and accurate
records of time and expense involved in the performance of services.
18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Landscape Architect
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 Landscape
Architect pursuant to this Agreement. Landscape Architect 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 they were a government entity. In the event Landscape
Architect receives a request to release data, Landscape Architect must immediately notify City.
City will give Landscape Architect instructions concerning the release of the data to the
requesting party before the data is released. Landscape Architect agrees to defend, indemnify,
and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims
resulting from Landscape Architect’ officers’, agents’, City’s, partners’, employees’, volunteers’,
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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 HOISINGTON KOEGLER GROUP, INC.
BY: ________________________________ BY: _______________________________
Matt Little, Mayor Its
AND _______________________________ AND ______________________________
Charlene Friedges, City Clerk Its