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HomeMy WebLinkAboutItem 06.m• July 6, 2010 Item No. APPROVAL OF CONTRACT WITH BRAUER & ASSOCIATES, LTD. FOR MASTER PLAN DESIGN SERVICES FOR STONEBOROUGH PARK Proposed Action Staff recommends adoption of the following motion: Move to approve contract with Brauer & Associates, Ltd. for master plan design services for Stoneborough Park. Overview Staff proposes to hire Brauer & Associates to assist with the master plan development of Stoneborough Park. Funding source is the park dedication fund. Primary Issues to Consider Brauer & Associates is qualified to complete project scope of services and has provided professional quality work on previously completed City park master plan projects Supporting Information • Contract signed by George Watson, President, Brauer & Associates, Ltd. Financial Impact: $3,000.00 plus reimbursable expenses Budgeted: Y/N Y Source: Park dedication fund Related Documents (CIP, ERP, etc.): Notes: Gerald S. Michaud Parks & Recreation Director PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this day of , 2010, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ( "City ") and BRAUER & ASSOCIATES, LTD., a Minnesota corporation ( "Consultant "). IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. CONCEPTUAL DESIGN DOCUMENTS. This professional services Agreement entitled "Stoneborough Park ", City of Lakeville, Minnesota ". 2. SCOPE OF SERVICES. The City retains Consultant to; prepare conceptual design document services for development of park improvements for Stoneborough Park located immediately east and south of Hytrail Circle in Lakeville, Minnesota. 2.1. CONCEPTUAL DESIGN DOCUMENTS. 2.1.1. On the basis of discussions with the City, the Consultant shall prepare alternative conceptual layout plans for park improvements. These conceptual alternatives shall include the layout of park improvements and trial connections as may be considered appropriate. plans. 2.1.2. The Consultant shall attend a meeting with City staff to review alternative conceptual layout 2.1.3. The Consultant shall furnish one (1) copy of the above documents for the City's records. 2.1.4. Based upon the City's preference and direction the Consultant shall prepare a final conceptual layout for improvements deemed most appropriate. 2.1.5. The Consultant shall prepare an estimate of probable cost to construct the improvements. 2.1.6. The Consultant shall attend a meeting with City staff to review the final conceptual layout plan and estimate of probable construction cost. 2.1.7. The Consultant shall furnish one (1) copy of the above documents for the City's records. 2.1.8 Based upon the City's direction the Consultant shall prepare any final adjustments to the conceptual layout plan and estimate of probable construction cost. 2.1.9. The Consultant shall furnish one (1) paper copy and one digital copy of the above documents for the City's records. 3. COMPENSATION. 3.3.1. For Services outlined in paragraph 2.1. CONCEPTUAL DESIGN DOCUMENTS: Consultant shall be paid by the City an hourly estimated fee not to exceed: $3,000.00. In addition, Consultant shall be paid for reimbursable expenses at cost plus 10 %. Consultant shall submit monthly invoices and the City shall pay the invoices within 30 days of receipt. 4. 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. 5. 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. 6. STANDARD OF CARE. Consultant 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 Consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant's services. 7. 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 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. 8. 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 $1,000,000 each occurrence /aggregate Automobile Liability $1,000,000 combined single limit Excess/Umbrella Liability $2,000,000 each occurrence /aggregate The City shall be named as an additional insured on the general liability and umbrella policies. 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. Said policy shall provide minimum limits of $1,000,000 with a deductible maximum of $125,000 unless the City agrees to a high 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. The certificate shall provide that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insurer's intention of cancel this insurance. 9. 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. 10. 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. 11. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 12. 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. 13. 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. 14. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 15. 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 it shall hold harmless the City from loss or damage resulting there from. 16. RECORDS. The Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 17. MINNESOTA GOVERNMENT DATA PRACTICES ACT. 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, stored, used, maintained, or disseminated by the Consultant pursuant to this Agreement. Consultant 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 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 the 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 BRAUER & ASSOCIATES, LTD. R-W Holly Dahl, Mayor Dated: . 2010 1.I►10 Charlene Friedges, City Clerk Dated: 2010. BY: Its Presi en Dated: June 23, 2010. S