1c TH 101 Corridor Scoping
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
WN'W.ci. chanhassen. mn. us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
""V": 0 ,
Paul Oehme, Dir. of Public Works/City Engineer \ ,.
FROM:
DATE:
February 27, 2006
o~.,
SUBJ:
TH 101 Corridor Scoping and Environmental Screening from
Lyman Boulevard South to Scott County Line: Approval of
Consultant Contract - PW067F4
REQUESTED ACTION
Approval of Consultant Contract.
BACKGROUND
On August 22, 2005, staff discussed with Council if a preliminary design study
should be initiated along TH 101 south of Lyman Boulevard to the Scott County
line.
On January 9,2006, Council approved ajoint powers agreement with MnDOT
and Carver County to partner with these agencies for the project and to help fund
the project.
On January 25,2006, staff met with MnDOT and Carver County personnel to
review proposals from consultants for the project.
DISCUSSION
On January 5, 2006, staff received proposals from consultants for the work.
Three consultants submitted proposals. The proposals were reviewed and
evaluated for understanding of the project, personnel proposed for the project,
fees for service and past experience on similar projects. All consultants meet the
minimum qualifications for the project.
The following is a summary of the consultants and fees submitted:
Short Elliott Henderickson, Inc. (SEH, Inc.) $140,855.00
SRF Consulting Group, Inc. $143,557.00
Kimley- Horn and Associates, Inc. $152,253.00
All three agencies rated SEH, Inc. well qualified to complete the project
successfully. SEH, Inc. has worked on several similar corridor studies including
the TH 212 Interregional Corridor Management Plant through Carver County.
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A glBat place to live, work, and play.
Todd Gerhardt
February 27, 2006
Page 2
The preliminary schedule and scope of work is shown on the attached documents.
Staff has budgeted for this work in the 2006 CIP, ST-017. The City's share of the
study is proposed to be funded by Municipal State Aid funds. The City will be
paying one-third of the project cost or $46,951.67.
After this project is complete, an environmental study (EIS or EA W) is
programmed for 2008 which will facilitate officially mapping the corridor. Once
this work is complete and funds have been programmed, improvement projects
can be implemented. The earliest staff envisions any major improvements taking
place is by 2010.
The City Attorney has reviewed the consultant contract and finds it in order.
Attachments
c: Lynn P. Clarkowski - MnDot
Cyrus Knutson- MnDot
Roger M. Gustafson- Carver County
G:\ENG\PUBLIC\PW067F4 TH 101 Corridor Study -Lyman south to 212\bkgd app cons It contract 021506.doc
Capital Improvement Program
:City ofChanhossen, MN
2006 thru 2010,
Contact Unas~igned
Department Street Improvements
Account # 1
Account #2
Account # 3
Type Improvement
Useful Life Unassigned
Category Streets/Highways
Priority n1a
Project #
ST -017
ProjectName TH 101 Corridor Preservation Planning
Total :project Cost $300;000
Description I
A preliminary study design and environmental study will ~e worked QJ;1 in 2005/2006. A study to complete the environmental review and officially map the corridor
is scheduled for 2008. '
Justification I
To improve safety along the corridor and plan for future improvements..
Expenditures
Planning/Design
2006
150,000
150,000
2007
2008
150,000
150,000
2009
2010
Total
300,000
300,000
Total
Funding Sources 2006 2007 2008 2009 2010 Total
MSA 50,000 50,000 100,000
Other Agency Contribution 100,000 100,000 200,000
Total 150,000 150,000 300,000
OperatiolUll ImpaCt/Other
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121
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City of Chanhassen
TH 101 Phase 1- Corridor Scoping and Environmental Screening
Schedule
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TASK I - Needs Identification
A Purpose and Need
B Crash History
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C Existing Conditions Investigation
D Preliminary Traffic Forecast
E Intersection Counts (by MnIDOT)
F Traffic Forecast
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G Traffic Analysis
H Existing Conditions and Future Needs Memo
TASK II - Preliminary Roadway Design
A Base Mapping
B Sketch Planning
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C Concept Evaluation I
D Preliminary Geometric Design
E Concept Evaluation II
G Geometric Layout
H Cost Estimate
TASK III - Environmental Screening
A Identify Issues
B Collect and Review Data
C Agency Coordination
D Cultural Resources Screening Review
E Draft Environmental Screening Tech Memo
F Tech Memo Review
G Final Environmental Screening Tech Memo
TASK IV - Water Resources Planning
A Storm Water Management Plan
B Wetland Inventory
C Watershed Management
D Public Database
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E Surface Water Management
F Wetland Assessment
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G Preliminary Drainage Plan
H Soil Erosion Protection
TASK V - Public Involvement
A Public Involvement Plan
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B Neighborhood Meetings
C City Council Meetings
D Property Owner Meetings
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TASK VI - Study Report
A Draft Study Report
B Review and Comment
C Final Study Report
TASK VII - Project Management
A Project Management Team Meetings
B Project Supervision and Quality Assurance
C Monthly Progress Reports, Invoices, and File Mtc.
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REQUEST FOR PROPOSAL
Corridor Scoping, Environmental and Preliminary Design Services for MN
101 From Lyman Boulevard (CSAH 18) South to the Scott County Line
Phase I - Corridor Scoping and Environment.al Screening
I. INTRODUCTION
The City of Chanhassen is issuing this request for proposals (RFP) for professional
services necessary to complete the initial project development for the above-referenced
project The scope includes: corridor scooping, preliminary design and environmental
documentation. Phase II - Final Preliminary Design, Environmental Documentation and
Official Mapping shall be contracted separately.
A. Issuing Agency - The City of Chanhassen shall be the lead agency coordinating
this project MNDOT and Carver County shall be partners with the City for the
project and will coordinate specific tasks as required.
B. RFP Content - This RFP contains the following sections:
1. Introduction
2. Background
3. Consultant's Proposal
4. Contract Terms and Conditions
C. Addenda/Clarifications - Any changes to this RFP shall be made by written
addendum. No verbal modification shall be binding.
D. Pre-Contractual Expenses - The City will not be responsible for any pre-
contractual expenses. Pre-contractual expenses are defined as expenses incurred
by the Consultant in: 1) preparing its proposal in response to this RFP; 2)
submitting that proposal to the City of Chanhassen; 3) negotiating with the City of
Chanhassen any matter related to this proposal; or 4) any other expenses incurred
by the Consultant prior to the date of execution of the agreement.
E. Contract A ward - Issuance of this RFP and receipt of proposals does not commit
the City of Chanhassen to award a contact. The City of Chanhassen reserves the
right to postpone opening for its own convenience, to accept or reject any or all
proposals received in response to this RFP, to negotiate with other than the
selected Consultant should negotiations with the selected be terminated, to
negotiate with more than one Consultant simultaneously, or to cancel all of part of
this RFP.
F. Joint Offers - Where two or more consultants desire to submit a single proposal in
response to this RFP, they should do so on a prime-subcontractor basis rather than
as a point venture. The City of Chanhassen intends to contract with a single firm
and not with multiple firms doing business as a joint venture.
Request for Proposal- TH 101 Predesign
Page 2
G. Contact Person - The Consultant's contact for specific questions regarding
information in this proposal is Paul Oehme P.E., City of Chanhassen, 7700
Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, (952) 227-1169, Fax
(952) 227-1170, poehme@ci.chanhassen.mn.us .
II. BACKGROUND
A. Conidor Information
The project corridor of lVIN 101 is a two-lane, minor arterial roadway that is
approximately 3.3 miles long. The north end of the project terminates at Lyman
Boulevard (CSAR 18) and the south end of the project terminates at the Scott
County Line. The intersection of MN 101 and Pioneer Trail (eSAR 14) has
recently (2005) been widened and signalized.
The corridor has several significant design concerns. The Y intersection at lVIN
101 and old US 212 does not function effectively during peak periods. Steep
grades are present north of old US 212. The conidor has several tight curves and
most of the alignment does not meet state design standards. Several hidden
driveway entrances and blind intersections exist along the corridor. A blind trail
intersection is located north of old US 212.
Areas along the conidor are expected to develop in the next five years that will
add additional traffic to the corridor. With an interchange access to new US 212
from MN 101 expected to open in 2007 traffic' volumes along the corridor are
anticipated to increase. Existing traffic counts on the respective road segments
are shown on Figure 3 (Note 2002 ADT). .
No funding has yet been secured for the future improvements to the corridor. It is
expected that in the future Federal, State and local funds will be needed to help
finance future improvements.
B. Project Scope and Objectives
This project shall complete Phase I - Initial Corridor Scoping and Environmental
Screening. The objective of this project is to determine a build alignment so a
conidor can be preserved. As part of the project the consultant shall gather,
analyze and document available environmental information for use in future
preliminary engineering and environmental documents. The project information
will also be used for future grant applications. The work tasks are as follows:
1. Need and Purpose. Establish need and purpose of improvements to MN 101.
Collect existing data demonstrating need for improvements including: 5 year
accident history and analysis; condition of pavement, subgrade, drainage
features and structures; projected traffic volumes.
2. Roadway Alternative Analysis. Determine alternative alignments for the
corridor and prepare preliminary concepts which shall include a typicl section,
g:\eng\public\pw067f4 th 101 corridor study -lyman south to 212\final revised rfp thlOl predesign 9-27-05.doc
Request for Proposal- TH 101 Predesign
Page 3
preliminary geometric plan arid profiles for each alternative (assume up to 3
alternate alignments). Particular attention focus on the MN 10l/existing US
212 intersection. Intersection operations and access management must be
included in the analysis. Each alternate shall include a cost estimate to assess
order of magnitude. Preparation of preliminary plans and profiles shall be in
accordance with the State's Road Design Manual, current American
Association of State Highway and Transportation Officials (AASHTO) Policy
on Geometric Design of Highways and Streets, AASHTO Roadside Design
Guide and current Highway Capacity Manual, all incorporated by reference.
Design standards shall be in accordance with County State Aid Highway
standards per Minnesota Rules Chapter 8820. Consultant shall gather existing
conidor traffic data and estimate future (20 year) conidor volumes for each
alternative alignment and capacity needs to detennine a typical section. The
consultant shall update traffic data provided by Carver County as necessary to
forecast traffic projections for the alternative analysis.
3. Social, Economic and Environmental Screening. Identify social, economic,
and physical environment issues for each alternate alignment. Document
what is known about SEE impacts. Confer with environmental review
agencies to identify issues of concerns. Collect and review data, identifying
key issues for the SEE screening including but not limited to:
i. Air quality
ii. Noise
iii. Wetlands
iv. Water Resources, Floodplains, Drainage, Water Quality
v. Wildlife, fisheries, vegetationlEndangered and protected species
vi. Submission of l\1NDOT-Minnesota Department of Natural Resources
(DNR) Questionnaire Request Form Regarding Natural and Recreational
Resources
vii. Utilities
viii. Soils, erosion, steep slopes
IX. Contaminated soils
x. Land use and economic issues
XI. Parks, Recreation, Section 4(1) and 6(1) reviews
xu. Social and environmental justice issues
xiii. Right-of-way and relocation
XIV. Aesthetic and visual concerns
xv. Community facilities
xvi. Historic and archaeological resources
xvii. Pedestrian and bicycle facilities
xviii. Traffic, transit and other inter-modal issues
xix. Local access and community impacts
xx. Construction impacts (erosion, sedimentation, traffic, etc.)
XXI. Cumulative Impacts
xxii. Existing Information and History
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Request for Proposal - TH 101 Predesign .
Page 4
Report all findings and conclusions in Environmental Screening Technical
Memorandum. Provide six bound paper copies and one electronic copy of the
draft Environmental Screening Technical Memorandum in PDF format for
State's review. City will meet with State and County to discuss comments
prior to producing the final Technical Memorandum. Review wetland
inventories along the corridor to determine preliminary wetland impacts due
to corridor realignments and estimate amount of wetlands needed for
mitigation. The screening is anticipated to be used to help determine the new
alignment of the corridor and for future environmental documentation. The
consultant shall conduct the cultural resource screening review with MNDOT.
4. Drainage. Develop preliminary drainage plan and identify likely storrnwater
ponding areas and sizes to accommodate roadway improvements.
5. Coordinate Public Involvement. Three neighborhood meetings and two
Council meetings are anticipated for the consultant to organize and lead.
Additional individual property owner meetings are anticipated as needed.
Monthly progress meetings with stakeholders shall be organized and lead by
the consultant. Consultant shall supply displays and handouts for all meetings
and attend all meetings.
6. The study shall conclude with recommendations about concept level .
improvements, project staging, and estimated construction costs. The study
shall include items needed to refine the design to a final design as well as the
appropriate environmental path.
7. Consultant shall deliver six (6) draft reports to all stakeholders prior to final
document delivery. Comments from stakeholders shall be included iJ1. the
final report. Deliverables shall include twenty-four (24) bound copies, one
unbound copy and six (6) electronic copies in .pdf format of the final report.
Provide all electronic files used to produce the report, including graphics,
layouts, tables, and text. Provide copies of all study related correspondence,
transmittal records, supporting documentation, traffic data used, and all
meeting minutes. Consultant shall deliver copies of all study related
correspondence, transmittal records, supporting documentation, traffic data
collected or created, and all meeting records.
8. The project shall be completed nine (9) months after award of contract. The
award of the contract is anticipated by February 13, 2006.
C. Information to be Provided by Stakeholders
1. MNDOT will obtain existing soils reports and boring logs taken along the
corridor, and obtain additional soils information as necessary.
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Request for Proposal- TH 101Predesign
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2. Aerial photos, mapping and .TIN model will be provided by MNDOT
electronically.
3. MNDOT will provide the existing right-of-way survey information.
4. MNDOT will provide available accident data and 5-year crash analysis.
5. The City is currently updating their storm water management plan and will
provide wetland delineation information. The City will also provide GIS and
planimetric information.
6. Carver County is currently updating their comprehensive transportation plan
and will provide county traffic data and regional traffic forecasts. Traffic data
should be developed by June, 2006.
7. The City and Carver County will provide traffic volume estimates along the
corridor based on anticipated future development.
III. CONSULTANT'S PROPOSAL
A. Submission of Proposal- Submit proposal to Paul Oehme, Dir. of Public
Works/City Engineer, City of Chanhassen, 7700 Market Boulevard, P.O. Box
147, Chanhassen, MN 55317. Proposals must be received by 4:00 p.m.,
January 5, 2006. Proposals received after this time will not be accepted.
B. Proposal Format - Proposals shall be prepared two-sided on 8~" x 11 II paper,
with all text clear of binding. Use of 11" x 17" fold-out sheets for large tables,
charts or diagrams is permissible but should be limited. Index the proposal and
sequentially number all pages throughout or by section. Binders and covers will
be at the Consultant's discretion. The proposal shall be clear and understandable
when reproduced in black and white.
C. Copies - Consultant shall submit one unbound original and six (6) bound copies
of the proposal in a sealed package addressed as noted above, bearing
Consultant's name and address, and clearly marked as following: "Conidor
Scoping, Environmental and Preliminary Design Proposal for MN 101 from
Lyman Boulevard (CSAH 18) South to the Scott County Line. Phase I - Corridor
Scoping and Environmental Screening".
D. Letter of Transmittal- Address the letter of transmittal to Paul Oehme, Dir. of
Public Works/City Engineer, City of Chanhassen, 7700 Market Boulevard, P.O.
Box 147, Chanhassen, MN 55317, and include, at a minimum, the following:
1. Identification of the offering firm(s), including name, address, and
telephone number of each firm;
2. Acknowledgement of receipt of RFP addenda, if any;
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Request for Proposal - TH 101 Predesign
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3. Name, title, address, email address, and telephone and fax numbers of
contact person during period of proposal evaluation;
E. Consultant Team - In this section, provide an organization chart showing the
interrelationship of the Consultant's team members and key personnel. Identify
the team members' areas of responsibility. Provide subconsultants' company
name, address, contact person, and telephone number. Describe your previous
experience working with each subconsultant.
F. . Qualifications and Experience - Identify similar projects undertaken by the
Consultant team. Document the team members' actual responsibility on the
project. The subconsultant's projects should be similar to the work they will
perform on this project.
G. Key Personnel - For each of the key personnel shown in the organizational chart,
provide a resume.
H. Understanding of the Project - The consultant shall provide a brief, concise
description that demonstrates the Consultant's understanding of the project and
what needs to be done to complete the scope. Identify what may be the biggest
challenges in the work scope for this phase of the project. This section must be
three pages or less.
1. Schedule - The consultant shall provide information regarding the availability of
the project manager and key personnel. A list of other projects the team members
are currently involved with and the projects' associated schedules must be
provided. The consultant needs to present a basic project management schedule
that would allow enough time to complete the corridor scoping in the time
allotted.
J. Project Cost - The consultant shall provide a detailed cost breakdown for
performing the work, including time, hourly rates for each personnel, materials,
equipment and subcontractors required. Costs shall be broken out into project
scope areas as indicated in Section IT, Paragraph B, Items 1-5. The estimate shall
include any additives, overhead and profit. A total cost, not to be exceeded, for
all work required by this proposal is to be included.
K. Exceptions and Deviations - The Consultant may include other items outside the
scope of this proposal that the firm feels is important to help secure future
funding. The consultant also may propose cost-saving items. Any exceptions to
the requirements in this RFP, including the language in the contractual terms,
must be included in the proposal. If the Consultant proposes changes to the scope
of work, include a description, reason for the change and added/deducted
engineering costs. Segregate all exceptions as a separate element of the proposal
under the heading "Exceptions and Deviations."
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Request for Proposal - TH 101 Predesign
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IV. CONTRACT TERMS AND CONDITIONS
A. Compliance with Laws and Regulations - In providing services, the Consultant shall
abide by all statutes, ordinances, rules and regulations pertaining to the provisions of
services to be provided.
B. Standard of Care - The 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 engineer under similar circumstances. No other
warranty, expressed or implied, is included in this project. The City shall not be
responsible for discovering deficiencies in the accuracy of the Consultant's
services.
C. Indemnification - The Consultant shall indemnify and hold harmless the City,
MnDOT, Carver County, its officers, agents, and employees, of and from any and all
claims, demands, actions, causes of action, including costs and reasonable attorney's
fees to the extent arising out of or by reason of the negligent execution or
performance of the services provided for herein.
D. Insurance - The Consultant shall secure and maintain such insurance as will protect
the 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 project. 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/U mbrella Liability
$2,000,000 each occurrence/aggregate
The City, Carver County and MNDOT 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
Engineer, if such legal Ii abi Iity 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 with a Certificate of
Insurance evidencing the required insurance Coverage in a form acceptable to the
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.
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Request for Proposal - TH 101 Predesign
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E. Independent Contractor - The City will retain the Consultant as an independent
contractor. The Consultant is not an employee of the City and is free to contract
with other entities as provided herein. The Consultant shall be responsible for
selecting the means and methods of performing the work. The Consultant shall
furnish any and all supplies, equipment, and incidentals necessary for the
Consultant's performance under the project. The City and Consultant agree that the
Consultant shall not at any time or in any manner represent that the Consultant or
any of the Consultant's agents or employees are in any manner agents or employees
of the City. The Consultant shall be exclusively responsible under this project for
the 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.
F. Subcontractors - The Consultant shall not enter into subcontracts for services
provided under this project without the express written consent of the City. The
Consultant shall comply with Minnesota Statute ~ 471.425.
G. Waiver - Any waiver by either party of a breach of any provisions of this project
shall not affect, in any respect, the validity of the remainder of this project.
H. Controlling Law - This project shall be governed by and construed in accordance
with the laws of the State of Minnesota.
I. Copyright - The 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.
J. Records - The Consultant shall maintain complete and accurate records of time and
expense involved in the performance of services.
K. Minnesota Government Data Practice 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 project, and 2) all data,
created, collected, received, stored, used, maintained, or disseminated by the
Consultant pursuant to this project. The 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, the Consultant must
immediately notify the City. The City will give the Consultant instructions
concerning the release of the data to the requesting party before the data is released.
The Consultant agrees to defend, indemnify, and hold the City, its officials, officers,
agents, employees, and volunteers harmless from any claims resulting from the
Consultant's officers', agents', city's, partners', employees', volunteers', assignees'
or subcontractors' unlawful disclosure and/or use of protected data.
g:\eng\public\pw067f4 th 101 corridor study -lyman south to 212\final revised rfp th101 predesign 9-27-05.doc
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CITY or
.CHANlUSSER
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Project
Location
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Figure 1
7700 Market Blvd
PO Box 147
Chanhassen, MN 55317
952-227-1100
File: G:\Eng\Public\PW067F4
TH 101 Corridor Study
Lyman South to 212
Date July 7, 2005
HiQhwav 101 Prelimlnarv Desian Protect
Project Location Map, Regional
. 7700 Market Blvd
. PO Box 147
Chanhassen, MN 55317
CITY OF 952-227-1100
CHANHMSEN
Hiqhwav 101 Preliminarv Desiqn Proiect
Project Location Map, City
Figure 2
File: G:\Eng\Public\PW067F4
TH 1 01 Corridor Study
Lyman South to 212
Date July 12, 2005
.
CITY OF
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7700 Market Blvd
PO Box 147
Chanhassen, MN 55317
952-227-1100
Hiqhwav 101 Preliminarv Desiqn Proiect
Traffic Volume Map
Figure 3
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File: G:\Eng\Public\PW067F4
TH 101 Corridor Study
Lyman South to 212 .
Date July 15. 2005
AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made on the _ day of , 2006, between the CITY
OF CHANHASSEN, a Minnesota municipal corporation, hereinafter called the "CITY", and
SHORT ELLIOTT HENDRICKSON INC., a Minnesota corporation, hereinafter called the
"ENGINEER."
THE CITY and the ENGINEER agree as follows:
1. Contract Documents. The ENGINEER agrees to provide engineering services to the
CITY in accordance with the following contract documents which are incorporated
herein by reference:
A. Agreement for Professional Engineering Services.
B. ENGINEER'S work summary.
C. City of Chanhassen Request for Corridor Scoping, Environmental and
Preliminary Design Services for MN 101 from Lyman Boulevard (CSAH 18)
South to the Scott County Line, Phase I - Corridor Scoping and
Environmental Screen ("RFP").
D. ENGINEER'S response to RFP entitled Corridor Scoping, Environmental and
Preliminary Design for MN 101 from Lyman Blvd. (CSAH 18) South to the
Scott County Line - Phase 1 - Corridor and Environmental Screening.
E. State of Minnesota Joint Powers Agr:eement, MnDOT Agreement No. 88185.
F. ENGINEER'S Fee Schedule dated January 1, 2006 ("Fee Schedule").
In the event of conflict among the documents, the conflict shall be resolved in
descending order of priority, with the document listed first having the highest priority
and the document listed last having the lowest priority. The ENGINEER'S response
to the RFP shall not restrict or limit the required scope of service as set forth in the
RFP.
2. Payment. ENGINEER shall be paid for the services described in paragraph 1 on an
hourly basis in accordance with the Fee Schedule, but an amount not to exceed
$140,855 inclusive of reimbursable costs. This 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. Subject to the limitations
set forth above, if there is a proposed change in scope of services, S.E.H. may
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request a change order pursuant to paragraph 4 below and the services shall be
provided on an hourly basis at the hourly rates set forth on the Fee Schedule.
3. Method of Payment: Payment as described below shall be for the billable hours and
reimbursable expenses charged by ENGINEER to each task. Billings for an
individual task may exceed the estimated hours and project cost provided by
ENGINEER prior to the commencement of services, but shall remain subject to the
not-to-exceed contract limit of $140,855.
ENGINEER shall request payment for services rendered on a monthly basis. The
monthly payment applications from ENGINEER shall identify work completed on an
hourly basis subject to the not-to-exceed limit of $140,855, and such statements for
progress payments for services shall be in proportion to services performed within
each phase of services. The CITY, in order to ensure the not-to-exceed price is met
may reduce payment to ENGINEER, but may do so only in the event that the
percentage of payments made under contract in comparison to the not-to-exceed
price exceeds the percentage of services completed by Engineer under the contract
as compared to the full project scope.
TASK
I Needs Identification
II Preliminary Roadway Design
III Environmental Screening
IV Water Resources Planning
V Public Involvement
VI Study Report
VII Project Management
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4. Chanqe Orders. All change orders, regardless of amount, must be approved in
advance and in writing by the Chanhassen City Council. No payment will be due or
made for work done in advance of such approval.
5. Warranty. ENGINEER 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 ENGINEER without additional compensation. ENGINEER
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 engineer
under similar circumstances. No other warranty, expressed or implied, is included in
this Agreement or in any drawing, specification, report, or opinion produced pursuant
to this Agreement.
6. Termination. This Agreement may be terminated by either party by two (2) days'
written notice delivered to the other party at the address written above. Upon
termination under this provision if there is no fault of the ENGINEER, the ENGINEER
shall be paid for services rendered and reimbursable expenses until the effective
date of termination, except that ENGINEER will not be paid for incomplete tasks set
forth in paragraph 3 above. If the CITY terminates the Agreement because the
ENGINEER has failed to perform in accordance with this Agreement, no further
payment shall be made to the ENGINEER, and the CITY may retain another
engineer to undertake or complete the work identified in Paragraph 1.
7. Subcontractor. The ENGINEER shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the CITY. The
ENGINEER shall pay any subcontractor involved in the performance of this
Agreement within ten (10) days of the ENGINEER'S receipt of payment by the CITY
for undisputed services provided by the subcontractor. If the ENGINEER fails within
that time to pay the subcontractor any undisputed amount for which the ENGINEER
has received payment by the CITY, the ENGINEER shall pay interest to the
subcontractor on the unpaid amount at the rate of 1-1/2 percent per month or any
part of a month. The minimum monthly interest penalty payment for an unpaid
balance of $100 or more is $10. For an unpaid balance of less than $100, the
ENGINEER shall pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
ENGINEER shall be awarded its costs and disbursements, including attorney's fees,
incurred in bringing the action.
8. Independent Contractor. At all times and for all purposes herein, the ENGINEER is
an independent contractor and not an employee of the CITY. No statement herein
shall be construed so as to find the ENGINEER an employee of the CITY.
9. Non-Discrimination. During the performance of this Agreement, the ENGINEER
shall not discriminate against any employee or applicants for employment because of
race, color, creed, religion, national origin, sex, sexual orientation, marital status,
status with regard to public assistance, disability, or age. The ENGINEER shall post
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in places available to employees and applicants for employment, notices setting forth
the provisions of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The ENGINEER shall
incorporate the foregoing requirements of this paragraph in all of its subcontracts for
program work, and will require all of its subcontractors for such work to incorporate
such requirements in all subcontracts for program work.
10. Assiqnment. Neither party shall assign this Agreement, nor any interest arising
herein, without the written consent of the other party.
11. Indemnification. The ENGINEER agrees, to the fullest extent permitted by law, to
indemnify and hold CITY harmless from any damage, liability, or cost (including
reasonable attorney's fees and costs of defense) to the extent caused by
ENGINEER'S negligent acts, errors, or omissions in the performance of professional
services under this Agreement and those of his or her subcontractors or anyone for
whom the ENGINEER is liable.
12. Insurance.
A. General Liabilitv. During the term of this Agreement, ENGINEER shall
maintain a general liability insurance policy with limits of at least $2,000,000
for each person, and each occurrence, for both personal injury and property
damage. This policy shall name the CITY as an additional insured for the
services provided under this Agreement and shall provide that the
ENGINEER'S coverage shall be the primary coverage in the event of a loss.
The policy shall also insure the indemnification obligation contained in
Paragraph No. 10.
8. Worker's Compensation. The ENGINEER shall secure and maintain such
insurance as will protect ENGINEER from claims under the Worker's
Compensation Acts and from claims for bodily injury, death, or property
damage which may arise from the performance of ENGINEER'S services
under this Agreement.
C. Professional Liabilitv Insurance. The ENGINEER 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 ENGINEER, if such legal
liability is caused by an error, omission, or negligent act of the insured or any
person or organization for whom the insured is legally liable. Said policy shall
provide minimum limits of $2,000,000 with a deductible maximum of
$125,000.
D. Certificate of Insurance. A certificate of insurance on a form acceptable to the
CITY which verifies the existence of this insurance coverage must be provided
to the CITY before work under this Agreement is begun. The certificate shall
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provide that such insurance cannot be cancelled until 30 days after the CITY
has received written notice of the insurer's intention to cancel the insurance.
13. Records Access. The ENGINEER shall provide the CITY access to any books,
documents, papers, and record which are directly pertinent to the specific contract,
for the purpose of making audit, examination, excerpts, and transcriptions, for three
years after final payments and all other pending matters related to this Agreement
are closed.
14. Data Privacy. The ENGINEER shall comply with the Minnesota Statutes Chapter 13,
The Minnesota Government Data Practice Act. The ENGINEER shall not disclose
non-public information except as authorized by the Act.
15. Ownership of Documents. All plans, diagrams, analyses, reports, and information
generated in connection with performance of the agreement shall become the
property of the CITY. The CITY may use the information for its purposes.
16. Governinq Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
17. Permits. ENGINEER shall obtain all necessary permits required for completion of
ENGINEER'S services.
Executed as of the day and year first written above.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager.
SHORT-ELLIOTT-HENDRICKSON INC.
By
Its
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SEH Hourly Billable Cost Range
Classification (1)
Office Staff
Principal
Project Manager
Project Engineer/ ArchitectIPlanner/Scientist
Staff Engineer/ Architect/Planner/Scientist
Lead Technician
Senior Technician
Technician
Associate Technician
Word Processor
General Clerical
Graphic Designers
Field Staff
Lead Project Representative
Sr. Project Representative
Project Representative
Survey Party Chief
Survey Instrument Operator
Survey Assistant
(1)
The actual rate charged is dependent upon the
hourly rate of the employee assigned to the
project. The rates shown are subject to change.
Billable Rate(l)
$136.15 - $216.45
$114.65 - $206.55
$93.10 - $184.60
$81.20 - $141.95
$80.15 - $127.55
$76.75 - $114.10
$57.10 - $99.15
$50.25 - $74.20
$56.00 - $82.65
$49.75 - $82.65
$70.95 - $101.20
$86.65 - $142.80
$79.30 - $110.85
$61.45 - $100.20
$73.05 - $133.45
$62.50 - $77.95
$45.50 - $71.30
Short Elliott Hendrickson Inc.
Effective: January 1, 2006
Expires: December 31,2006
p: \mcont\schedule \hrbillrr- j an2003 .doc