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CC Work Session Staff Report 04-13-2015 MEMORANDUM CITY OF TO Todd Gerhardt, City Manager CHANHASSFNFROM Kate Aanenson, AICP, Community Development Director 7700 PO Market Boulevard DATE. April 13, 2015 Chanhassen,MN 55317 SUBJ. Discuss Visioning Process for the Lifestyle Center Administration Phone 952 2271100 Fax 952 2271110 As a part of the conceptual review of the Level 7 Development plan on March 9, 2015, the City Council directed staff to work on developing a Visioning Study for the Building Inspections Lifestyle Center property Staff has consulted with SRF Consulting Group, Inc. to Phone 952 2271180 prepare a Professional Services Agreement. As outlined by Barry Warner in the Fax 952 2271190 attached proposal, the visioning process is intended to inform the elected and appointed officials along with the city staff, of the values and priorities presented to Engineering the various stakeholders Phone 952 2271160 Fax 952 2271170 The focus of the study will on the following. Finance Phone 952 2271140 • Composition of development uses Fax 952 2271110 • Circulation including vehicles,pedestrians and bicycles Park&Recreation O Edge treatment and landscaping Phone 952 2271120 0 Programmable civic area and amenities Fax 952 2271110 • Development character, scale and aesthetics Recreation Center Mr Warner has outlined the suggested 3-4 month process and the stakeholder 2310 Coulter Boulevard Phone 952 2271400 meetings A web-based survey will also be a component of the visioning process Fax 952 2271404 His proposal includes a budget of$30,000. Planning& Mr Warner will be at the work session to answer any questions that the Council may Natural Resources have regarding the proposal. Staff recommends placing the Professional Services Phone 952.2271130 Fax 952 2271110 Agreement on the next City Council agenda for approval. Public Works ATTACHMENTS 7901 Park Place Phone 952 2271300 1 SRF Consulting Group, Inc Visioning Study Proposal dated March 30,2015. Fax 952 2271310 Senior Center g\plan\2015 planning cases\2015-05 lifestyle center\vision process\cc work session 4-13.docx 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 P DESIGNERS Consulting Group,Inc March 30, 2015 DRAFT For REVIEW Kate Aanenson, AICP Community Development Director CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJECT. PROPOSAL FOR PROFESSIONAL SERVICES FOR A VISIONING STUDY Based on your request, we are pleased to submit this proposal to provide professional services for conducting a visioning study in association with the Quadrant and the adjacent parcels For purposes of this letter, the "Quadrant" will refer to the contiguous 118 acres currently owned by several private parties Study Background and Intent A 118 acre tract of undeveloped land is located in the City of Chanhassen near Lyman and Powers Boulevards near TH 212 The area is owned by several pnvate parties with development designated for mixed land uses including a retail center Although general land use designations have been suggested, formal approvals for development have not been obtained from the City of Chanhassen. The visioning exercise and outcome is intended to inform elected policy makers and appointed officials along with city staff as to the values and pnonties presented by the diverse stakeholder groups who have interest in future development of the Quadrant. Visioning for the purpose of this exercise, is intended to focus upon several topics to include, • Composition of development uses • Circulation including vehicle, pedestnan and bicycle • Open space functions • Edge treatments and landscaping • Programmable civic areas and amenities • Development character, scale and aesthetics Input garnered from the various interested parties will be used to inform the Quadrant and related development projects during their municipal approvals Approach Meaningful facilitation of the representative stakeholder groups will be paramount to achieve the study intent To that end,meetings or other means will occur with individual groups to seek input from those individuals who have shown interest or are thought to present valuable perspectives for the proposed development www.srfconsulting.corn One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447 4443 I 763 475.0010 Fax 763 475 2429 An Equal Opportunity Employer - 2 - March 30, 2015 Each of the meetings, work sessions or active surveys will employ precedent project images that portray alternative approaches to related project elements This technique will allow participants to compare and contrast how varying built projects responded to similar project elements Participants will be asked to provide preference or priority for the images, and when possible, to provide subjective comments as to suggested changes or improvements that may benefit the Chanhassen application Identified stakeholder groups and their engagement follow; Current development parcel property owners-one to two facilitated meetings dependent upon their willingness to participate together Adjacent neighborhood-one facilitated meeting, likely to be held late afternoon or early evening Community at large-web based survey(see below) Chamber of Commerce/Downtown Chanhassen Business Community-one facilitated meeting, likely to be held early morning consistent with business owner availability Elected/Appointed Officials-one facilitated meeting, likely a joint work session of the City Council and the Planning Commission Web based survey-A web based survey such as Mind Mixer or Survey Monkey would be made available to solicit input from interested parties for a defined period of about 4 weeks Participant input would be monitored and recorded Study End Product Stakeholder input received from the various facilitated meetings along with the web based sampling will be summarized in a concise report and made available to the city for use by staff, the City Council and Planning Commission. ASSUMPTIONS Base mapping and concepts plans for parcel development will be provided by the city and will be used for any necessary mapping. Work sessions with staff will be the primary source of input to guide decision making. SCHEDULE We will complete this work within a mutually agreed-upon time schedule. Upon a formal notice to proceed, work would commence with a staff work session/kick off meeting It is assumed that baseline work tasks would occur in April, followed by primary stakeholder group input during May and early June A summary document would be made available in late June or early July - 3 - March 30, 2015 BASIS OF PAYMENT/BUDGET We propose to be reimbursed for our services on an hourly basis for the actual time expended. Direct project expenses, such as printing, supplies, reproduction, etc , will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days Based on our understanding of the project and our scope of services,we estimate the not-to-exceed cost of our services to be $30,000, which includes both time and expenses The exact allocation of related consultant staff time toward specific work tasks and stakeholder meetings will be arrived upon in joint discussions between city staff and the consultant project manager. CHANGES IN THE SCOPE OF SERVICES It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you STANDARD TERMS AND CONDITIONS The attached Standard Terms and Conditions (Attachment A) together with this proposal for professional services constitute the entire agreement between the Client and SRF Consulting Group, Inc. and supersede all prior written or oral understandings This agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument NOTICE TO PROCEED A signed copy of this proposal or a separate letter of authorization, either mailed or emailed to our office, will serve as our notice to proceed The email address is bwarner@srfconsulting com. - 4 - March 30, 2015 We sincerely appreciate your consideration of this proposal and look forward to working with you on this project Please feel free to contact us if you have any questions or need additional information Sincerely, SRF CONSULTING GROUP,INC. Barry J Warner, FASLA AICP Senior Vice President Attachment A— Standard Terms and Conditions APPROVED: (signature) Name Title Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. SRF PProposal numbers issued by marketing [Document]] ATTACHMENT A STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions together with the attached Proposal for Professional Services constitute the entire Agreement between the CLIENT and SRF Consulting Group,Inc ("SRF")and supersede all prior written or oral understandings This Agreement may only be amended,supplemented,modified,or canceled by a duly executed written instrument 1 STANDARD OF CARE a. The standard of care for all professional services performed or fu coshed by SRF under this Agreement will be the care and skill ordinarily used by members of SRF's profession practicing under similar circumstances at the same time and in the same locality SRF makes no warranties,expressed or imphed,under the Agreement or otherwise,in connection with SRF's service b The CLIENT shall be responsible for,and SRF may rely upon,the accuracy and completeness of all requirements,programs, instructions,reports,data,and other information furnished by CLIENT to SRF pursuant to this Agreement SRF may use such requirements,reports,data,and information in performing or furnishing services under this Agreement 2 INDEPENDENT CONTRACTOR All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and SRF and not for the benefit of any other party Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or SRF SRF's services under this Agreement are being performed solely for the CLIENT's benefit,and no other entity shall have any claims against SRF because of this Agreement or the performance or nonperformance of services hereunder 3 PAYMENT TO SRF Invoices will be prepared in accordance with SRF's standard invoicing practices and will be submitted to the CLIENT by SRF monthly,unless otherwise agreed Invoices are due and payable within thirty(30)days of receipt If the CLIENT fails to make any payment due SRF for services and expenses within forty-five(45)days after receipt of SRF's invoice thereafter,the amounts due SRF will be increased at the rate of 1-1/2%per month(or the maximum rate of interest permitted by law,if less) In addition,SRF may, after giving seven days written notice to the CLIENT, suspend services under this Agreement until SRF has been paid m full of amounts due for services,expenses,and other related charges 4 OPINION OF PROBABLE CONSTRUCTION COST Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the general guidance of the CLIENT Since SRF has no control over the cost of labor,materials, market condition,or competitive bidding,SRF does not guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cost to the CLIENT 5 INSURANCE SRF will maintain insurance coverage for Workers'Compensation,General Liability,Automobile Liability and Professional Liability and will provide certificates of insurance to the CLIENT upon request 6 INDEMNIFICATION AND ALLOCATION OF RISK a To the fullest extent perirntted by law, SRF agrees to indemnify and hold harmless the CLIENT,their officers, directors and employees against all damages,habilnties or costs(including reasonable attorneys'fees and defense costs)to the extent caused by SRF's negligent acts under this Agreement and that of its subconsultants or anyone for whom SRF is legally liable b To the fullest extent permitted by law,the CLIENT agrees to indemnify and hold harmless SRF,their officers, directors and employees against all damages,liabilities or costs(including reasonable attorneys'fees and defense costs)to the extent caused by the CLIENT's negligent acts under this Agreement and that of its subconsultants or anyone for whom the CLIENT is legally liable 7 TERMINATION OF AGREEMENT Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement Upon such termination,the CLIENT shall pay to SRF all amounts owing to SRF under this Agreement,for all work performed up to the effective date of termination. 8 OWNERSHIP AND REUSE OF DOCUMENTS All documents prepared or furnished by SRF pursuant to this Agreement are instruments of service,and SRF shall retain an ownership and property interest therein Reuse of any such documents by the CLIENT shall be at CLIENT's sole nsk,and the CLIENT agrees to Page 1 of 2 (Standard Terms and Conditions) Rev August 18,2011 indemnify, and hold SRF harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by the CLIENT or by others acting through the CLIENT 9 USE OF ELECTRONIC MEDIA a Copies of Documents that may be relied upon by the CLIENT are limited to the printed copies(also known as hard copies)that are signed or sealed by SRF Files in electronic media format of text,data,graphics,or of other types that are fiumshed by SRF to the CLIENT are only for convenience of the CLIENT Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk b When transferring documents in electronic media format,SRF makes no representations as to long-term compatibility,usability, or readability of documents resulting from the use of software application packages,operating systems, or computer hardware differing from those used by SRF at the beginning of this Assignment c If there is a discrepancy between the electronic files and the hard copies,the hard copies govern d Because data stored in electronic media format can detenorate or be modified inadvertently or otherwise without authorization of this data's creator,the party receiving electronic files agrees that it will perform acceptance tests or procedures within sixty(60) days,after which the receiving party shall be deemed to have accepted the data thus transferred Any errors detected within the sixty(60)day acceptance period will be corrected by the party delivering the electronic files SRF shall not be responsible to maintain documents stored in electronic media format after acceptance by the CLIENT 10 FORCE MAJEURE SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond SRF's reasonable control 11 ASSIGNMENT Neither party shall assign its rights,interests or obligations under this Agreement without the express written consent of the other Ply 12 BINDING EFFECT This Agreement shall bind,and the benefits thereof shall more to the respective parties hereto,their legal representatives,executors, adrmnnistrators,successors,and assigns 13 SEVERABILITY AND WAIVER OF PROVISIONS Any provisions or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon the CLIENT and SRF,who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-enforcement of any provision by either party shall not constitute a waiver of that provision,nor shall it affect the enforceability of that provision or of the remainder of this Agreement 14 SURVIVAL All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions, Indemnification and Allocation of Risk,and Dispute Resolution shall remain in effect 15 DISPUTE RESOLUTION If negotiation in good faith fails to resolve a dispute within the thirty(30)days of notice of the dispute,or time penod specified by applicable law, then the parties agree that each dispute, claim or controversy arising from or related to this Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party Unless the parties agree otherwise,the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect A request for mediation shall be filed in writing with the American Arbitration Association and the other party No legal or equitable action may be instituted for a period of ninety(90)days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties Cost of mediation shall be shared equally between the parties Mediation shall be held in a location mutually agreed upon by the parties The parties shall memonahze any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof 16 CONTROLLING LAW This Agreement is to be governed by the law of the principal place of business of SRF Page 2 of 2 (Standard Terms and Conditions) Rev August 18,2011