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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 lc ,,-- 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 I . 121 L_., r City of Chanhassen TH 101 Phase 1- Corridor Scoping and Environmental Screening Schedule ::;; "'~~ :--~~ ..~., 'l; ~..:'''''"I!f;, ~ 2 .g u.. ~ lU :J l: lU ~ 4) l: ~ >. ~ III :J C) :J <( ~ ~ Q. <( >. ~ TASK I - Needs Identification A Purpose and Need B Crash History .., .. q~AFT ~: "" C Existing Conditions Investigation D Preliminary Traffic Forecast E Intersection Counts (by MnIDOT) F Traffic Forecast 1. ~ '" - ;:" i""'J, G Traffic Analysis H Existing Conditions and Future Needs Memo TASK II - Preliminary Roadway Design A Base Mapping B Sketch Planning ~.. ~::: ." 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 ."... ,c, "'" E Surface Water Management F Wetland Assessment .", ~ G Preliminary Drainage Plan H Soil Erosion Protection TASK V - Public Involvement A Public Involvement Plan '-;, B Neighborhood Meetings C City Council Meetings D Property Owner Meetings . ~ . ~ . . . . 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. t . . ~ + . . Meeting Dateltl 4) .0 E 4) g. en ~ 4) .0 o t) o . I: I: -= I:: 4) .0 E 4) > o z 4) .0 E ~ c -= E: c E: rs: !;: I;; ~ I:t?- c E: E; ar:=- Ip ~ m: m= ~ Ii= ~ ~ . . ~ m= ~ 1= p;: ~ SEH r;j F ~ ~ I 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 g:\eng\public\pw067f4 th 101 corridor study -lyman south to 212\final revised rfp th101 predesign 9-27-05.doc 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. g:\eng\public\pw067f4 th 101 corridor study -lyman south to 212\final revised rfp th 101 predesign 9-27-05 .doc Request for Proposal- TH 101Predesign Page 5 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; g:\eng\public\pw067f4 th 101 corridor study -lyman south to 212\final revised rfp th101 predesign 9-27-0S.doc Request for Proposal - TH 101 Predesign Page 6 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." g:\eng\public\pw067f4 th 101 corridor study -lyman south to 212\fina1 revised rfp thl01 predesign 9-27-05.doc Request for Proposal - TH 101 Predesign Page 7 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. g:\eng\public\pw067f4 th 101 corridor study -lyman south to 212\final revised rfp thl01 predesign 9-27-05.~,oc Request for Proposal - TH 101 Predesign Page 8 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 . CITY or .CHANlUSSER .." ~.. I . Project Location ~ .~ 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 CH!NHAS8F1i ~ ~ ~ c..> ~ I ~ I ~ I ~ I ~ ~ ~ I j G / ~'- ~v~'- ~~Q.~ _,~ ~ I scorr ~ _ co. -I d /69\ I 1 S~OPEE ~ ~ ? 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 952-227-1100 Hiqhwav 101 Preliminarv Desiqn Proiect Traffic Volume Map Figure 3 ~ ~ g: z w ~ Q:J 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 123350v03 1 RNK:r02/16/2006 G:\ENG\PUBLIC\PW067F4 TH 101 Corridor Study -Lyman south to 212\FINAL - docs-#123350-v3-AGR_PROF_ENGRG_SERVICES_CHAN_-_Short-Elliott-HendricksotUTH_IOI_- _Plmse_I_Corridor_Scoping_.DOC 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 123350v03 2 RNK:r02/16/2006 G:\ENG\PUBLIC\PW067F4 TH 101 Corridor Study -Lyman south to 212\FINAL - docs-#123350-v3-AGR_PROF _ENGRG_SERVICES_CHAN_-_Short-Elliott-HendricksOlUTH_lOl_- _Phase_CCorridocScoping_.DOC 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 123350v03 3 RNK:r02116/2006 G:\ENG\PUBLIC\PW067F4 TH 101 Corridor Study -Lyman south to 212\FINAL - docs-#123350-v3-AGR_PROF _ENGRG_SERVICES_CHAN_-_Short-Elliott-HendricksOlUTH_JOI_- _Phase_C CorridocScoping_.DOC 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 123350v03 4 RNK:r02116/2006 G:\ENG\PUBLIC\PW067F4 TH 101 Corridor Study -Lyman south to 212\FINAL - docs-#123350-v3-AGR_PROF_ENGRG_SERVICES_CHAN_-_Short-Elliott-HendricksOlUTH_l0l_- _Phase_I_ Corridor_Scoping_.DOC 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 123350v03 5 RNK:r02/16/2006 G:\ENG\PUBLIC\PW067F4 TH 101 Corridor Study -Lyman south to 212\FINAL - docs-#123350-v3-AGR_PROF_ENGRG_SERVICES_CHAN_-_Short-Elliott-HendricksOlUTH_IOI_- _Phase_I_ Corridor_Scopil1g_.DOC 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