Loading...
HomeMy WebLinkAboutItem 06.o Date: Item No. PROFESSIONAL SERVICES AGREEMENT WITH TUSHIE-MONTGOMERY ARCHITECTS Proposed Action Staff recommends adoption of the following motion: Move to approve a professional services agreement with Tushie-Montgomery Architects for the development of the Kenrick Liquor Store sketch plans. Overview The city began to consider the construction of a fourth liquor store in 2018 with the completion of a market study. The market study indicated the city should move forward with constructing a fourth liquor store on city owned property on Keokuk Avenue. At the direction of the City Council staff prepared an RFP to obtain proposals to partner with a developer to develop the overall property and construct the liquor. The city received two proposals in response to the RFP that were reviewed by the City Council at their December 9th work session. City Council rejected both proposals and directed staff to move forward with developing sketch plans for the future construction of the Keokuk Liquor Store. Staff contacted Tushie-Montgomery Architects, who had completed previous plans for this location, to submit a proposal to develop an updated draft site plan, store layout and building elevations for Council consideration. Attached is a professional services agreement and Tushie-Montgomery’s proposal for services in the amount of $20,000 for City Council consideration. Primary Issues to Consider What is included within the proposal? • The proposal outlines the seven phases for developing the property from the sketch plan phase to the construction of the site and occupying the building. This professional services agreement only covers Phases 1 and 2 – programming and schematic design at a cost of $20,000. These first two phases will include two different sketch plans for developing the site, store layouts and building elevations for City Council consideration at their March work session. Supporting Information • Professional Services Agreement • Tushie-Montgomery Architects Proposal Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Allyn G. Kuennen, Assistant City Administrator February 18, 2020 20,000 Liquor Operations Fund 208973v2 1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 18th day of February 2020 by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and TUSHIE-MONTGOMERY ASSOCIATES, P.C., a Minnesota corporation ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Consultant to furnish programming and schematic services set forth in the Contract Documents for the development of a 15,680 foot new Municipal Liquor Store on approximately 2.5 acres, including landscaping, sidewalks, and parking. The Consultant 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. Consultant’s proposal dated December 9, 2015 and revised, January 23, 2020 and February 3, 2020 (“Proposal”) for Phase I and II. 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 the document listed first having the first priority and the document listed last having the last priority. 3. COMPENSATION. Consultant shall be paid Twenty Thousand and no/100 Dollars ($20,000.00) by the City, which fee is inclusive of reimbursables, expenses, taxes and other charges. The 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 are exceeded. Consultant shall be paid upon full completion of the work required herein. The City will normally pay an invoice within 35 days of receipt. 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. 5. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Consultant in conjunction with this contract. 6. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by members of the profession under similar circumstances in Dakota County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss or damages proximately caused by Consultant’s breach of this standard of care. City shall not be responsible for 208973v2 2 discovering deficiencies in the accuracy of Consultant’s services. Consultant 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 Consultant without additional compensation. 7. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 8. INDEMNIFICATION. The Consultant shall 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 Consultant’s negligent acts or omissions or those negligent acts or omissions of persons for whom Consultant is legally responsible. 9. 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 them, and they shall hold harmless the City from loss or damage resulting therefrom. 10. INSURANCE. Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts, 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 (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The City shall be named as an additional insured on the general liability and umbrella policies on a primary and non-contributory basis. 208973v2 3 The Consultant 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 City, in the insured's capacity as 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. The policy shall provide minimum limits of $2,000,000 with a deductible maximum of $125,000 unless the City agrees to a higher deductible. Before commencing work, the Consultant 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 Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an employee of the 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 under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s agents or employees are in any manner 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. 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 § 471.425. Consultant must pay subcontractor for all undisputed services provided by Subcontractor within ten days of Consultant’s receipt of payment from City. Consultant 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. 208973v2 4 17. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 18. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City’s prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. CITY OF LAKEVILLE BY: _______________________________ Douglas P. Anderson, Mayor AND _______________________________ Charlene Friedges, City Clerk CONSULTANT: TUSHIE-MONTGOMERY ASSOCIATES, P.C. BY:_______________________________ ITS:_______________________________