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D-9. Adopt Resolution ordering the Update to the AUAR, 2005 MUSA Area and Approve Professional Services Agreements MEMORANDUM CITY OF TO• Todd Gerhardt, City Manager CHANHASSENFROM• Kate Aanenson, AICP, Community Development Director 7700 Market Boulevard DATE• April 13, 2015 PO Box 147 Chanhassen,MN 55317 SUBJ Adopt Resolution Ordering the Update to the AUAR, 2005 MUSA Area, and Approve Professional Services Agreements Administration Phone 952.2271100 Fax 952 2271110 PROPOSED MOTION Building Inspections Phone 952 2271180 "The Chanhassen City Council adopts a Resolution ordering the Update to the Fax 952 2271190 Alternative Urban Areawide Review (AUAR) for the 2005 MUSA Area, and Engineering approves professional services agreements with Hoisington Koegler Group Inc Phone 952.2271160 and Kimley-Horn and Associates, Inc " Fax 952 2271170 City Council approval of requires a simple majority vote of City Council Finance Phone 952.2271140 Fax 952 2271110 After conceptual PUD was given to the Lifestyle Center at the March 9, 2015 City Council meeting, staff was directed to prepare a resolution ordering the update to the Park&Recreation AUAR Attached for approval are two professional services agreements, one from Phone 952 2271120 Fax 952 2271110 Hoisington Koegler Group Inc. (HKgi) in the amount of$39,000 for land use planning, document preparation, project management and public engagement, and Recreation Center one from Kimley-Horn &Associates in the amount of$51,960 for engineering 2310 Coulter Boulevard services (traffic, sanitary sewer, potable water and storm water) Phone 952 2271400 Fax 952 2271404 While the city is the Regulatory Governmental Unit(RGU) assigned with the Planning& responsibility for conducting the AUAR, the developer, Level 7 Development, is Natural Resources responsible for paying for the AUAR update. Phone 952 2271130 Fax 952 2271110 1 Resolution Public Works 2. Hoisington Koegler Group Inc Professional Services Agreement. 7901 Park Place Phone 952 2271300 3 Kimley-Horn and Associates, Inc. Professional Services Agreement Fax 952 2271310 g\plan\2015 planning cases\2015-05 lifestyle center\auar\cc staff report 04-13-2015 docx Senior Center Phone 952 2271125 Fax 952 2271110 Website www ci chanhassen mn us Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN CARVER COUNTY AND HENNEPIN COUNTIES MINNESOTA DATE: April 13,2015 RESOLUTION NO: 2015- MOTION BY: SECONDED BY: RESOLUTION ORDERING UPDATE TO THE ALTERNATIVE URBAN AREA WIDE REVIEW (AUAR) FOR THE 2005 METORPOLITIAN URBAN SERVICES AREA WHEREAS, on August 11, 2003 the City of Chanhassen, acting as the official Responsible Governmental Unit(RGU), approved Resolution 2003-70, an order for review requesting the initiation of an AUAR for the 2005 MUSA, and WHEREAS, on December 8, 2003 the City Council adopted a Final AUAR Environment Analysis Document and Mitigation Plan in the 2005 MUSA, and WHEREAS, in November 10, 2008 the city adopted the 2030 Comprehensive Plan; and WHEREAS, a significant amount of development has occurred in the AUAR area but there are vacant parcels, most significantly 118 acres with a land use designation of either office or regional commercial designated in the 2030 Comprehensive Plan, and WHEREAS, the City of Chanhassen is the Responsible Governmental Unit (RGU) assigned with the responsibility of conducting the AUAR, and WHEREAS, Minnesota Administrative Rule 4410 3610 requires that AUARs be updated every five years unless development has occurred and land use and densities have changed since 2003, and WHEREAS, the project area included approximately 600 acres within the City that is generally bound by Lyman Boulevard on the north, Audubon Road on west, Pioneer Trail on the south, and Powers Boulevard on the east, project area on the attached map shown as Exhibit A, and WHEREAS, the anticipated nature, location and intensity of projected future development is consistent with the development pattern stipulated in the current comprehensive plan. NOW, THEREFORE, BE IT RESOLVED that the City of Chanhassen adopts the Order for Review for the update to the 2005 Chanhassen AUAR ATTEST: Todd, Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT g\plan\2015 planning cases\20I5-05 lifestyle center\auar\resolution.docx Exhibit A 2005 AUAR Project Area i � `r \ 'fix tS'1,i''' ,-fk1 A ief Ilk^.,p , . Aso— "a i b I1 �� ' .�� v_ ":t ,r} , ��.t4 rte - R .-�FY'M ii,, algletil ell ' ' ....,40 voki 3 ' -- -.. ,I..m.,..5.,44 :-A_-., 1 , -, .t"., ..,,,,ii rb_, aL . ..,� LL,_r. _,,„. s .. ,t„,..„..t.,.., . .„._ - . .-:. "7,. , , ., . - Mt r f j t.xi 4 t y. ! k `. 11. -(• �. ,r1!1 Qa.%...: ( Ml . .-..--..... ':-. -, . ,..... ..i.: '4,La,..w.:; 4 1,Nli, t.,.•:'.';,-..!".Cf-'t,.',Alip. . • : " --;;'" ••••• '- ., 0 I , _ . .. ' t 1 ' ..$ , .., , ...... „ jiipl • . K i g\plan\2015 planning cases\2015-05 lifestyle center\auar\exhibit a.docx i PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 13th day of April, 2015, by and between the CITY OF CHANHASSSEN, a Minnesota municipal corporation("City") and HKgi. IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The Contract consists of the followmg documents. In the event of conflict among the documents the conflict shall be resolved by the order in which they are listed with the document listed first having the first priority and the document listed last having the last priority A This Professional Services Agreement B. HKgi proposal for 2005 AUAR Update dated March 25,2015 C Fee Schedule dated March 25,2015 2. SCOPE OF SERVICES. The City retains HKgi to provide the professional services described in the Contract Documents 3 COMPENSATION. HKgi shall be paid by the City on an hourly basis in accordance with the Fee Schedule, attached hereto as Exhibit "A", but not to exceed $39,000 including reimbursables The not-to-exceed fees 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 except for as provided under section 5 below The City will normally make payment within 35 days of receipt of a properly itemized invoice 4 COMPLETION DATE. HKgi must complete the services specified in the Contract Documents on or before November 1,2015. 5 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 6 DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by HKgi in conjunction with this contract 7 COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, HKgi shall abide by all statutes, ordinances, rules and regulations pertaimng to the provisions of services to be provided. 8. STANDARD OF CARE. HKgi 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 HKgi 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 HKgi's services 1 9 INDEMNIFICATION. HKgi 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. 10. INSURANCE. HKgi shall secure and maintain such insurance as will protect HKgi 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. HKgi 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 HKgi, 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$1,000,000 with a deductible maximum of$100,000 Before commencing work HKgi 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 HKgi as an independent contractor upon the terms and conditions set forth in this Agreement. HKgi is not an employee of the City and is free to contract with other entities as provided herein HKgi shall be responsible for selecting the means and methods of performing the work HKgi shall furnish any and all supplies, equipment, and incidentals necessary for HKgi's performance under this Agreement City and HKgi agree that HKgi shall not at any time or in any manner represent that HKgi or any of HKgi's agents or employees are in any manner agents or employees of the City HKgi shall be exclusively responsible under this Agreement for HKgi'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. HKgi shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City HKgi shall comply with Minnesota Statute § 471 425 HKgi must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of HKgi's receipt of payment from City HKgi 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 2 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, nor any interest ansing 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 wntmg and duly signed by the parties, unless otherwise provided herein 16. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Carver County 17 COPYRIGHT. HKgi 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 18 PATENTED DEVICES, MATERIALS AND PROCESES. If the contract requires, or HKGI desires, the use of any design, devise, matenal or process covered by letters, patent or copyright, trademark or trade name, HKgi shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, HKgi shall indemnify and hold harmless the City from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the services agreed to be performed under the contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement 19. RECORDS. HKgi shall maintain complete and accurate records of time and expense involved in the performance of services. 20 MINNESOTA GOVERNMENT DATA PRACTICES ACT. HKgi 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 HKgi pursuant to this Agreement. HKgi 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 HKgi receives a request to release data, HKgi must immediately notify City. City will give HKgi instructions concerning the release of the data to the requesting party before the data is released HKgi agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from HKgi's 3 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 21. TERMINATION OF THE AGREEMENT. The City may terminate this Agreement or any part thereof at any time, upon written notice to HKgi, effective upon delivery including delivery by facsimile or email. In such event, HKgi will be entitled to compensation for work performed up to the date of termination based upon the payment terms of this Agreement CITY OF CHANHASSSEN HKgi BY BY Denny Laufenburger,Mayor Brad Scheib,Vice President Dated , 2015 Dated , 2015 AND. Todd Gerhardt, City Manager Dated. , 2015 g\plan\2015 planning cases\2015-05 hfestyle center\professional services_-_chanhassen hkgi.doc 4 MEMORANDUM Hoisington Koegler Group Inc. To. Kate Aanenson, Community Development Director From: Brad Scheib,AICP,Vice President Subject Proposal to perform an AUAR Update Date: 25 March 2015 Thisro osal is made in collaboration with Kimley-Horn Associates Inc.p p y n (KHA). KHA will provide expertise relative to traffic, sanitary sewer, potable water, and storm sewer systems per the attached work order. Hoisington Koegler Group Inc.will provide land use planning, document preparations, project management, and public engagement assistance The following key tasks are proposed• 1 Update development scenarios. Hoisington Koegler Group Inc. (HKGi)will utilize the development scenarios updated in April of 2012 as a starting point for the updated AUAR These scenarios will be revised to reflect three alternatives described as follow: • One alternative will closely match development proposed by Level 7 Development LLC for approximately 80 acres(parcel 250230500 and parcel 250230300) located on the northeast corner of the 2005 AUAR project area. • A second alternative will reflect a "highest impact"scenario likely to include a greater concentration of office development • A third scenario will be derived based on input provided through a "visioning"session to be facilitated by SRF Consulting Group on behalf of the City of Chanhassen. Development and public improvements that have been completed since the original AUAR was completed will be documented, quantified, and added to the development scenarios as existing conditions and background data Table 7 1 Project magnitude will be updated using a comprehensive GIS database as the source data The following meetings will be conducted as part of task 1 a Two workshops with City Staff• one to confirm development scenarios and assumptions and a second workshop to review resultant environmental impacts (traffic and infrastructure focus) b Two workshops with Level 7 Development LLC. one to confirm development scenarios and assumptions and a second workshop to review resultant environmental impacts(traffic and infrastructure focus). c. One meeting with other affected key property owners to inform them of the project update and to confirm development scenarios. d. Two workshops with elected/appointed officials• one to confirm development scenarios and assumptions and a second to review resultant environmental impact(traffic and infrastructure focused) 123 North Third Street,Suite 100,Minneapolis,MN 55401-1659 Ph(612)338-0800 Fx(612)338-6838 www hkgi corn Direct(612)252-7122 Email Brad@hkgi corn Chanhassen 2005 AUAR Update-Proposal 25 March 2015 Page 2 e. A neighborhood/community workshop to present development scenarios and resultant environmental impact analysis(traffic and infrastructure focused). Task 1-Key Deliverables we will prepare a summary presentation for task 1 supported by technical memorandums that will provide the content for updates to questions 6, 7,9,21 and 28 This summary will be the tool/mechanism to present the concepts and related evaluation to the various stakeholder groups listed above. 2. Review and Redline The current AUAR document: HKGi will review and update the remaining sections of the AUAR as needed.One workshop with City Staff is envisioned as part of Task 2. Task 2-Key Deliverables Fully updated AUAR document for circulation to key agencies 3. Review and Update The current mitigation plan:HKGi will review, mitigation strategies that have been completed and re-evaluate existing mitigation strategies based on the modified development scenario(s) New mitigation strategies will be established as appropriate One workshop will be facilitated with City Staff via phone/web conference Task 3-Key Deliverables.Updated Mitigation Strategies memo. 4 Facilitate formal review process The draft updated document will undergo a 30-day public notice period during which comments will be received The draft updated document will then be revised to address the comments received The finalized updated AUAR and mitigation plan will be distributed for final review. If no objections are filed by any state agency or other party within 10 days,the documents will be adopted by the City of Chanhassen as the RGU. If objections are filed, resolution will be attempted or the Minnesota Environment Quality Board(EQB)will make a determination of adequacy We envision one staff workshop to review comments received.This workshop may be facilitated via phone/web conference.We will conduct a public hearing as required by state statutes to present the final AUAR for consideration by the City Council. Task 4-Key Deliverables Distribution of draft plan documents(in electronic form), facilitation of agency review,and preparation of responses to comments (Note if responses to comments are overly complex, HKGi will evaluate level of effort and request additional budget as necessary) 5. Meetings and Project Management:HKGi will work with City staff to facilitate necessary meetings in the update process. HKGi assumes frequent communications and correspondence with City staff in the updating of this AUAR.These communications will occur primarily via phone or web based conference. We assume roughly 2 hours per month over a 6 month time frame for this meetings and project management related work. Chanhassen 2005 AUAR Update-Proposal 25 March 2015 Page 3 AUAR update Schedule. It is anticipated that this update will take approximately six to seven months to complete from notice to proceed.The Following is a general sequence of tasks 1 April—conduct background data collection and analysis 2. April—workshop with Level 7 Development Company to understand development plans(1b) 3 April/May—meeting with other key property owners to discuss process and concepts(1c) 4. May/June—workshop with City Staff(and SRF)to confirm development assumptions and concepts(la) 5. June—workshop with elected/appointed officials to confirm concepts(1d) 6. June—firm up development concepts and conduct environmental impact analysis 7 June—begin updating AUAR text 8. July —workshop with City Staff to review analysis of environmental impacts (1a) 9 July—workshop with Level 7 Development Company to review analysis and environmental impacts (lb) 10 July—workshop with elected and appointed officials to review analysis and environmental impacts(1d) 11 July—lunch presentation to chamber and business community(1f) 12 July/August—neighborhood/community workshop (1e) 13. August—complete updates to AUAR text and Mitigation strategies 14 August/September —complete formal AUAR review process 15 September/October—Approve AUAR AUAR update budget proposal.the above tasks will be completed for a fee of not to exceed$39,000 including expenses It is assumed that expenses will be limited to mileage, plotting of presentation summary boards,and reproduction of draft documents. For this level of project,we estimate expenses at approximately$2,000,the bulk of which is with reproducing draft and final AUAR documents.This expense may be minimized by utilizing electronic PDF documents for distribution where accepted Attached to this proposal is a work order proposed from Kimley-Horn Associates for transportation, infrastructure,and stormwater services. Kimley-Horn Associates will contract directly with the city for this work The total fee estimate with HKGi and Kimley-Horn is estimated at$90,960. INDIVIDUAL PROJECT ORDER(IPO)NUMBER 26(TWENTY-SIX) Describing a specific agreement between Kimley-Horn and Associates, Inc ("Consultant"),and the City of Chanhassen("Client")in accordance with the terms of the Agreement for Professional Services dated March 3, 2003,which is incorporated herein by reference Identification of Project 2014 Update-2005 MUSA Area AUAR General Category of Services AUAR Update Specific Scope of Basic Services Provide engmeering services to update engineermg portions of the Chanhassen 2005 MUSA Area AUAR document as described m the attached Scope of Services(Exhibit A) Additional Services if Required None identified at this time Deliverables Narrative text and figures to be mcorporated into AUAR Update document by Hoisington Koegler Group,Inc Method of Compensation To be billed on an hourly(cost plus)basis as detailed m the attached Estimated Costs summary(Exhibit B) Schedule See attached Project Schedule(Exhibit C) Special Terms of Compensation- None Other Special Terms of Individual Project Order None ACCEPTED CITY OF CHANHASSEN KIMLEY-HORN AND ASSOCIATES,INC BY BY TITLE TITLE DATE- DATE EXHIBIT A SCOPE OF SERVICES INDIVIDUAL PROJECT ORDER(IPO)NO 26 2014 UPDATE -2005 MUSA AREA AUAR As a part of the 2014 update of the Chanhassen 2005 MUSA Area Alternative Urban Areawide Review(AUAR),the City of Chanhassen has requested a proposal from Kenley-Horn and Associates ("KHA")to update the engineering portions of the 2005 MUSA Area AUAR The 2005 MUSA Area AUAR is being updated to reflect current conditions and proposed changes to the future development scenanos evaluated m the AUAR. The followmg is a summary of our proposed scope of work for the AUAR update. 1. Review Proposed Development Changes • Review the three development scenarios developed by Hoismgton Koegler Group, Inc. (HKGi) for the easterly portion of the AUAR project area 2 Update Traffic Study/Transportation Plan • Update existing conditions narrative and figures • Perform field counts of existing traffic (AM/PM peak weekday)at seven intersections • Perform tnp generation/distrbution/assignment modeling for the three proposed development scenarios • Analyze traffic impacts for existing conditions, the no-build scenario,and the three proposed development scenarios • Analyze traffic-related noise and air quality. The noise discussion will focus on traffic volume mcreases being at a level that will result in imperceptible noise level changes to adjacent properties Air quality will use MnDOT's screening methodology No detailed modelmg is expected or mcluded in our proposed scope of work. • Review pedestrian crossings and connections to parks,trails,and open space areas. • Develop impact mitigation measures and transportation improvement recommendations 3. Update Sanitary Sewer and Public Water Supply Plans • Update existing conditions narrative and figures • Review current City of Chanhassen Comprehensive Sanitary Sewer System Plan • Review current City of Chanhassen Water System Master Plan • Analyze the three development scenarios to determine projected flow/demand rates and impacts to municipal utility infrastructure • Develop impact mitigation measures and utility infrastructure improvement recommendations 4 Update Storm Water Management Plan • Update existing conditions narrative and figures • Review current City of Chanhassen Surface Water Management Plan and NPDES MS4 Storm Water Pollution Prevention Plan(SWPPP) • Analyze the three development scenarios to determine likely storm water management requirements related to construction of the remainder of the public trunk roadway through the easterly portion of the AUAR project area • Develop impact mitigation measures and recommendations 5 Update Mitigation Section of AUAR related to the above plans • Develop narrative of necessary mitigation improvements related to traffic/transportation, sanitary sewer, public water supply, and storm water management based on the proposed development scenarios 6 Meetings • We have assumed attendance at the following meetings. o Two City Council meetings o Two meetings with Level 7 Development LLC o One meeting with key property owners in the project area o One public open house meetmg o Three agency(MnDOT, Carver County, etc.) meetings o Four meetings with the City and/or HKGi • We understand that the City is contracting with SRF to complete a visioning process for the project area We have assumed that we will not be participating in any of the meetings for this process Our Scope of Work does not include any of the following services. • Topographic surveys • Updates to other sections of the AUAR • Air quality or noise modeling EXHIBIT B ESTIMATED COSTS INDIVIDUAL PROJECT ORDER (IPO) NO. 26 2014 UPDATE - 2005 MUSA AREA AUAR Kimley-Horn proposes to perform all services for the project on an hourly (cost plus) basis using our current standard hourly rate schedule. The following is a summary of our estimated costs for the project. Work Task Estimated Fee 1. Review Proposed Development Changes $ 1,410 2. Update Traffic Study/Transportation Plan $ 21,490 3. Update Sanitary Sewer and Public Water Supply Plans $ 5,220 4. Update Storm Water Management Plan $ 7,680 5. Update AUAR Mitigation Section $ 3,560 6. Meetings t 9 600 Subtotal $ 48,960 Reimbursable Expenses $ 3,000 Total Estimated Cost $ 51,960 Our total estimated cost for the Scope of Work included as a part of this IPO is, therefore, $51,960 including all labor and reimbursable expenses. EXHIBIT C SCHEDULE INDIVIDUAL PROJECT ORDER (IPO) NO 26 2014 UPDATE - 2005 MUSA AREA AUAR Work will be completed based on a schedule agreed upon with the City and HKGi. It is our understanding that a tentative schedule for the project is to start the work in April 2015 with a project duration of approximately four to six months