Lake Ann Park Preserve Agreement with Hoisington Koegler Group Inc approved 01-09-2023‐ 1
HKGi Agreement – City of Chanhassen Lake Ann Preserve Improvements
AN AGREEMENT BETWEEN THE CITY OF CHANHASSEN, MN AND
HOISINGTON KOEGLER GROUP INC. FOR DESIGN AND ENGINEERING SERVICES RELATED TO
PROPOSED IMPROVEMENTS AT LAKE ANN PRESERVE
This Agreement outlines a Scope of Services, Fee Schedule and other elements which together
constitute an agreement between the City of Chanhassen, a Minnesota municipal corporation
hereinafter referred to as the CLIENT, and Hoisington Koegler Group Inc., a Minnesota
corporation, hereinafter referred to as the CONSULTANT for professional services related to
landscape architecture, geotechnical, engineering, and permitting services, hereinafter referred
to as the PROJECT.
The CLIENT and CONSULTANT agree as set forth below:
A. TERM AND BASIC SERVICES
The schedule for the project is to start within 7 days of the execution of the agreement
and be substantially complete with the scope of services in (12) months. Schedule
adjustments may occur if agreed upon by both parties. The CONSULTANT will not be held
to the completion schedule if delays are caused by factors beyond their control.
Basic Services for the PROJECT are identified in the attached letter – Professional
Consulting Services Proposal (EXHIBIT A) dated 12/16/2022.
B. FEES FOR PROFESSIONAL SERVICES
The CONSULTANT agrees to complete the services as outlined in Section A of this
Agreement for an overall project fee of $246,600. The CLIENT agrees to pay the
CONSULTANT for PROJECT services rendered based on the tasks identified in Exhibit A.
Invoices will be based on the progress of each task completed during the duration of the
PROJECT and will be submitted electronically (PDF form) by the CONSULTANT to the CLIENT
monthly throughout the duration of the PROJECT. Invoices shall be payable within 30
days in accordance with this Agreement.
C. SUBCONSULTANTS
1. To complete engineering, surveying and geotechnical aspects of the project as described
in EXHIBIT A, the CONSULTANT will retain the services of SEH (Short Elliot Hendrickson
Inc.). The CONSULTANT shall not add other Sub‐Consultants without the consent of the
CLIENT.
2. Except as otherwise provided herein, CONSULTANT shall not enter into subcontracts for
services provided under this Agreement without the express written consent of the
Client. CONSULTANT shall comply with Minnesota Statute s §471.425. CONSULTANT
must pay subcontractors for all undisputed services provided by subcontractors within
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HKGi Agreement – City of Chanhassen Lake Ann Preserve Improvements 2
ten (10) days of CONSULTANT’S receipt of payment from City. CONSULTANT must pay
interest of one and five‐tenths (1.5%) percent per month or any part of a month to
subcontractors on any undisputed amount not paid on time to subcontractors. The
minimum monthly interest penalty payment for an unpaid balance of One Hundred
Dollars ($100.00) or more is Ten Dollars ($10.00).
D. OWNERSHIP OF DOCUMENTS
Project specific original engineering documents, drawings, modeling, and specifications
prepared by the CONSULTANT as part of the services for the PROJECT shall become the
property of the CLIENT when CONSULTANT has been compensated for all services or the
PROJECT rendered, provided, however, that CONSULTANT shall have the unrestricted
right to their use. CONSULTANT shall provide original documents created during services
for the PROJECT rendered to the CLIENT upon request after PROJECT completion.
CONSULTANT shall, however, retain its rights in its standard details, specifications, data
bases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the services for the PROJECT shall
become the property of the CLIENT.
E. COMPLIANCE WITH LAWS AND REGULATIONS
In providing all services hereunder, CONSULTANT shall abide by all statutes, ordinances,
rules and regulations pertaining to the provisions of services to be provided.
F. CONTROLLING LAW VENUE
This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota. In the event of litigation, the exclusive venue shall be in the District
Court of the State of Minnesota for Carver County.
G. COPYRIGHT OR PATENT INFRINGEMENT
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 CLIENT from loss or damage resulting
therefrom.
H. STANDARD OF CARE
CONSULTANT shall exercise the same degrees of care, skill, and diligence in the
performance of the services as is ordinarily possessed and exercised by a professional
consultant under similar circumstances. No other warranty, expressed or implied, is
included in this Agreement. CLIENT shall not be responsible for discovering deficiencies
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HKGi Agreement – City of Chanhassen Lake Ann Preserve Improvements
in the accuracy of CONSULTANT’S services.
I. INSURANCE
CONSULTANT shall maintain insurance of the kind and in the amounts shown below for
the life of this Agreement. Certificates for General Liability Insurance should state that the
CLIENT, its officials, employees, agents and representatives are Additional Insureds. The
CLIENT reserves the right to review CONSULTANT’S insurance policies at any time to verify
that contractual requirements have been met.
1. Commercial General Liability Insurance
$2,000,000 per occurrence
$3,000,000 general aggregate
$300,000 damage to rented premises
$15,000 medical expenses
2. Umbrella Liability
$1,000,000 per occurrence
$1,000,000 general aggregate
$10,000 self‐insured retention
3. Worker’s Compensation and Employer’s Liability
a. Worker’s Compensation per Minnesota Statutes
b. Employer’s Liability
$500,000 per accident;
$500,000 per employee;
$500,000 per disease policy limit.
4. Professional Liability Insurance
$2,000,000 per claim
$4,000,000 annual aggregate
J. NONDISCRIMINATION
The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex,
national origin, or handicap unrelated to the duties of a position, of applicants for
employment or employees as to terms of employment, promotion, demotion or transfer,
recruitment, layoff or termination, compensation, selection for training, or participation
in recreational and educational activities.
K. EQUAL OPPORTUNITY
During the performance of this Agreement, the CONSULTANT, in compliance with
Executive Order 11246, as amended by Executive Order 11375 and Department of Labor
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HKGi Agreement – City of Chanhassen Lake Ann Preserve Improvements 4
regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The CONSULTANT shall
take affirmative action to ensure that applicants for employment are employed, and that
employees are treated during employment, without regard to their race, color, religion,
sex or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, transfer; recruitment or recruitment advertising;
layoff or termination, rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT shall post in conspicuous places
available to employees and applicants for employment notices to be provided by the
Government setting forth the provisions of this nondiscrimination clause. The
CONSULTANT shall state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin. The
CONSULTANT shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for program work and will require all of its sub‐consultants for such work to
incorporate such requirements in all subcontracts for program work.
L. INDEMNIFICATION
1. Except for any willful misrepresentation or any willful or wanton misconduct or any
negligent act or omission of the CLIENT and the governing body members, officers, and
employees thereof (“Indemnified Parties”), CONSULTANT releases from, and
covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to
indemnify, defend and hold harmless the Indemnified Parties for damages that arise
out of the negligent acts, errors and omissions of CONSULTANT and its employees;
provided that the indemnity shall not apply to the extent such loss or damage is
caused by the CLIENT.
2. The Indemnified Parties shall not be liable for any damage or injury to the persons or
property of the CONSULTANT, its officers, agents, servants or employees or any other
person who may assist with the services for the PROJECT, to the extent such damage
or injury is due to any act of negligence of any person, other than any act of negligence
on the part of any Indemnified Party or its officers, agents, servants or employees.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation on liability to which the CLIENT is entitled under Minnesota Statutes,
Chapter 466 or any other law, legislative or judicial, which limits government liability.
M. TERM, TERMINATION, SUCCESSORS AND/OR ASSIGNS
1. The Term of this Agreement shall be concurrent with the work authorized and shall
be in accordance with the schedule to be established between the CLIENT and the
CONSULTANT.
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2. Either party may terminate this Agreement by written notice to the other party
at its address by certified mail at least thirty (30) days prior to the date of
termination.
3. Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer its interest
in this Agreement without the written consent of the other.
4. The time schedule shall not apply and/or time extensions will be allowed for
any circumstances beyond the control of the CONSULTANT.
5. This Agreement shall be governed by all applicable laws.
6. Upon termination, the Consultant shall be entitled to fees earned through the
effective date of termination.
N. DISPUTES
In the event the CLIENT and the CONSULTANT are unable to reach agreement under the
terms of this Agreement, disputes shall be submitted to mediation prior to either party
commencing suit regarding same.
O. REVOCATION
If this Agreement is not signed and accepted by both parties within 90 days of its date, it
shall become null and void.
P. DATA PRACTICES
All data collected, created, received, maintained, or disseminated for any purposes by the
activities of the CONSULTANT because of this Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended (“MGDPA”),
the Minnesota Rules implementing such act now in force or as adopted, as well as federal
regulations on data privacy.
Most data created or provided by the CONSULTANT to the CLIENT will be considered to
be public data under the MGDPA, with the exception of trade secret data as it is defined
by Minnesota Statutes Section 13.37, subdivision 1 (b) and subdivision 2. Should the
CLIENT receive a request for data that CONSULTANT wishes to assert is trade secret data,
CONSULTANT shall immediately notify the CLIENT of its assertion and the reason for its
assertion. The CONSULTANT shall be responsible for the costs of defending the assertion
should it be challenged.
Q. RECORDS ‐ AVAILABILITY AND RETENTION
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The CONSULTANT agrees that the CLIENT or any of its duly authorized representatives at
any time during normal business hours and as often as they may reasonably deem
necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any
books, documents, papers, records, etc., which are pertinent to the accounting practices and
procedures of the CONSULTANT and invoice transactions relating to this Agreement.
The CONSULTANT agrees to maintain these records for a period of six (6) years from the
date of termination of this Agreement.
R. MERGER AND MODIFICATION
It is understood and agreed that the entire Agreement between the parties is contained
here and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter. All items referred to in this Agreement are
incorporated or attached and are deemed to be part of this Agreement.
Any material alterations, variations, modifications, or waivers of provisions of this
Agreement shall be valid only when they have been reduced to writing as an amendment
and signed by the parties.
M. INDEPENDENT CONTRACTOR
All services provided pursuant to this Agreement shall be provided by the CONSULTANT
as an independent contractor and not as an employee of the CLIENT for any purpose. Any
and all officers, employees, subcontractors, and agents of the CONSULTANT, or any other
person engaged by the CONSULTANT in the performance of the services pursuant to this
Agreement, shall not be considered employees of the CLIENT. Any and all actions which
arise as a consequence of any act or omission on the part of the CONSULTANT, its
employees, subcontractors, or agents, or other persons engaged by the CONSULTANT in
the performance of services pursuant to this Agreement, shall not be the obligation or
responsibility of the CLIENT. The CONSULTANT, its employees, subcontractors, or agents
shall not be entitled to any of the rights, privileges, or benefits of the CLIENT’s employees,
except as otherwise stated in this Agreement.
N. AUTHORIZATION
IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have made and executed
this Agreement for Professional Services.
This ______ day of _____________, 2023.
CLIENT:
City of Chanhassen
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HKGi Agreement – City of Chanhassen Lake Ann Preserve Improvements
______________________________ ______________________________
Printed Name: _____________________ Printed Name: _________________
Title:______________________________ Title:__________________________
CONSULTANT:
Hoisington Koegler Group Inc.
Printed Name: Paul Paige
Title: President
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Laurie Hokkanen
City Manager
Elise Ryan
Mayor
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EXHIBIT A
December 16, 2022
Jerry Ruegemer, Park and Recreation Director
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
Re: Professional Consulting Services Proposal ‐ Design and Permitting of the Lake Ann Park Preserve
Dear Jerry,
HKGi, with SEH, is pleased to provide the City of Chanhassen with this proposal to provide professional
consulting services for the 60% Design and related permitting of trail, boardwalk, pedestrian bridge, and
natural resource‐related improvements within the Lake Ann Park Preserve.
This project is the advancement of decades of planning and vision to create an unmatched natural public
space for the community of Chanhassen. HKGi and SEH are proud to have been a part of the master
planning and feasibility study work that is guiding the ultimate development of this site. Our experience
with the project will allow us to hit the ground running with an understanding of the background and
direction of development.
We understand that the ultimate buildout of the park will be phased, and the first priority is to provide
community access to the parkland. This will require working with various regulatory agencies to
complete permitting. In order to approve and issue permits, the agencies will need to understand the
final direction of the proposed park improvements, requiring us to bring the design sets up to a 60%
level. This includes:
Geotechnical Borings
Completion of soil sampling in the forested areas and wetlands to determine the engineering
design of the boardwalks, bridges, and trails. This should be completed this winter to minimize
impacts to the site including existing wetlands where some of the soil borings will occur.
Survey and Background Mapping
Identification and mapping of the site’s topography, parcels, public waters, wetlands, and other
key features. This is necessary to determine and set key elevations related to water resources
(wetlands, waterways, floodplain) and to better understand viable stormwater management
strategies to incorporate into the project. The survey will also locate predetermined trail routes
so that the new trails will be designed to best fit the site topography and existing significant
trees, and to minimize impacts to the site topography, wetlands, and soils.
Landscape Architecture, Park Planning, and Design
To verify and refine the overall Preserve Master Plan, layout trail locations, and develop options
and preliminary plans for the Greenwood Shores Park improvements:
o Validation and Refinement of Elements identified in Master Plan and Feasibility Study
o Trail Layout and approach to construction of paved and natural trails
o Overlook, Bridge, and Boardwalk Aesthetics
o Natural Resources Enhancements and Restoration
o Signage and Wayfinding
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o Parking lot design and trail connections at Greenwood Shores Park
o Develop potential alternatives for the north trail entry including reviewing the feasibility
of a pedestrian bridge in lieu of the current boardwalk approach.
Engineering and Design
To design the boardwalks, bridges, and trails for compatibility with existing conditions,
regulatory requirements, safety considerations, and to accommodate future uses including City
vehicles
o Compatibility with FEMA floodplains and elevations
o Ensure safe and sustainable treatment and movement of stormwater including use of
culverts, necessary volume storage and discharge
o Alignments and typical cross sections of trails
o Support engineering related to the study of potential alternatives for the north trail entry
including reviewing the feasibility of a pedestrian bridge in lieu of the current boardwalk
approach.
o Locations and design of boardwalks and bridges, top/bottom of deck elevations,
engineering of helical piers, and size/locations of abutments
o Development of a 60% plan set and Engineers Opinion of Probable Cost Estimate
Permitting
To obtain regulatory approvals to build the park features:
o Ensure stormwater engineering and ecological enhancements meet the needs and
requirements of regulatory agencies
o Ensure trail, bridge, and boardwalk designs meet setbacks, elevations, constructability,
and other standards for permitting
o Coordination with MPCA, City of Chanhassen, US Army Corps of Engineers, MNDNR, Riley
Purgatory Creek Watershed District, and Metropolitan Council for submission of permit
applications
Project Coordination
Coordination of City, Consultants, and Regulatory Agencies to keep the project on schedule and
budget
o Coordination with Gopher State One
o Coordination and meetings with Regulatory Agencies
o Development of construction schedule and phasing to meet seasonal timing
requirements
o Recurring meetings with the project team and the City of Chanhassen
o Project team communications
Public Engagement
Open house and online survey to solicit feedback from the community and keep local
stakeholders updated and aware of the project direction
o Review of findings from previous community engagement
o One open house to review and provide feedback on 60% designs
o Use of online engagement such as SurveyMonkey or Social Pinpoint to review and
provide feedback on 60% designs
o Up to 3 meetings with the Park and Recreation Commission and/or City Council
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As a follow up step to this project, the 60% designs will be able to be easily transitioned into final (100%)
design drawing sets to be used for construction. Because the findings of the 60% designs will inform the
extent of the first phase of construction, the 100% design set and construction administration are not
included in this proposal.
The HKGi/SEH team proposes to accomplish the above‐described scope of services for the following fees
by task:
Geotechnical (SEH): $33,350
Survey and Background Mapping (SEH): $34,425
Engineering, Permitting, and Project Coordination Tasks (SEH/HKGi) : $109,075
Landscape Architecture, Project Management/Coordination,
and Engagement Tasks (HKGi): $69,750
Total Project Cost: $246,600*
*inclusive of reimbursable expenses of mileage and printing
We look forward to discussing this proposal and appreciate the opportunity to contribute toward such
an important community project.
Sincerely,
Paul Paige, President
HKGi
paul@hkgi.com
612-940-5285
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