HomeMy WebLinkAbout6.u. Professional Services Contract – Rec Center Site Planning and Development Planning
EXECUTIVE SUMMARY
City Council Regular Meeting: December 17, 2019
AGENDA ITEM: Professional Services Contract – Rec
Center Site Planning and Development
Planning
AGENDA SECTION:
Consent
PREPARED BY: Dan Schultz, Parks and Recreation
Director AGENDA NO. 6.u.
ATTACHMENTS: Professional Engineering Services
Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to recommend the City Council approve entering into a
professional services agreement with Westwood Professional Services to provide Site
Planning/Code Evaluation for the future Rec Center Site evaluation efforts.
BACKGROUND
As the City of Rosemount continues investigate and prepare to move forward on a purchase of property
for a new Rec Center, staff is requesting the City Council approve a contract with Westwood Professional
Services to look closer at the property on the northeast corner of County Road 42 and Akron Avenue.
Westwood has done much of the of the engineering in the area on recent private developments and has a
Commercial Development team that would work on this project. The details of the proposed work is
included in the attached proposal from Westwood.
RECOMMENDATION
Staff is recommending that the City Council approve entering into a professional services agreement with
Westwood Professional Services to provide Site Planning/Code Evaluation for the future Rec Center Site
evaluation efforts.
December 13, 2019
Mr. Dan Schultz
City of Rosemount
2875 145th Street West
Rosemount, MN 55068
Re:Proposal for Survey, Civil Engineering, and Landscape Architecture Services
Rosemount Rec Center
Westwood Project Number – P0025685.00
Dear Mr. Schultz:
Westwood Professional Services, Inc. is pleased to provide this proposal to you for the proposed Rosemount
Rec Center development in Rosemount, MN, located at County Road 42 and County Road 73. The scope of
work is based on information provided. Our scope involves Survey, Concept Plans and code research.
Below is a summary of the scope and fee of described work:
SCOPE OF BASIC SERVICES
Phase I
TASK 1 Site Concept Planning & Code Evaluation
Westwood will complete a code evaluation and to prepare a site master plan prior to proceeding with
preliminary engineering. We will also research existing utilities, soil borings, curb cut criteria,
Watershed requirements, FEMA flood maps, wetland maps, planning district guidelines and other
appropriate design criteria. Westwood will collaborate with Client regarding appropriate governmental
and utility agency requirements to determine design standards and constraints.
TASK 2 Meetings (Hourly – 12 Hour Budget)
Westwood will meet with City staff, utilities staff, commissions, council, Client/Owner, and outside
consultants at the sole direction and written request of the Client.
Additional meeting time above this budget will be billed on an hourly basis according to our standard
rate schedule.
December 13, 2019
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TASK 3 ALTA/ACSM Land Title and Topographical/Utility Survey
Work involves boundary and property encumbrances, topographical survey of project area and adjacent
parking/streets to a 50’ perimeter. Utilities will be based on Gopher-One field locates and any as-built
information available, along with surface shots of structures during survey. Info to be incorporated into
Construction Site Design Plan Services. This does not include tree survey or inventory. Client to
provide property’s Title Commitment and identify Schedule A options.
x ALTA/ACSM Land Title and Topographical Survey.
x AutoCAD base file for design development.
Fee does not include significant amounts of snow.
Phase II
TASK 4 Platting
The preliminary plat drawing will confirm lot sizes, shapes, and development configuration of the
project and other site improvements. It will display the property boundary information and topographic
survey information to allow review of the interrelationship of the proposed site development with
existing conditions. The preliminary plat will also display the proposed drainage and utility easements
that will be incorporated into the final plat document. The preliminary plat drawing will be suitable for
submission to the city for their review. Platting will include one Lot and one Outlot.
As the project progresses, we will need to submit a final plat and produce in the format required by
Minnesota State Law as well as County Survey Department requirements. Prior to the preparation of
the final plat, we will need the Client to provide ownership, title, and mortgage information to include
in the final plat document.
The preparation of utility, parking, entrance, or cross-access easements, other than the above outlined
items, will be billed as additional services.
As a part of the platting process, there are items required by various agencies that require additional
costs that are not included in the above estimate. The following is a summary of these items and where
costs are known, they have been included. However, some fees and costs are site specific; therefore,
this summary should not be considered all encompassing.
Additional Expenses:
City application and submittal fees, County plat checking fees, Recording Mylar production ($700),
Recording fees, Cost of Title Commitment, Taxes (all taxes for the current year must be paid in full
prior to the filing of the plat).
Westwood shall set and mark with lath, one time only, all property corners of lots and outlots upon
completion of the grading operations or when directed by the Developer. State law requires the
monuments to be set no later than one year after recording of plat.
December 13, 2019
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Additional Expenses:
City application and submittal fees, County plat checking fees, Recording Mylar production ($700),
Recording fees, Cost of Title Commitment, Taxes (all taxes for the current year must be paid in full
prior to the filing of the plat).
Additional work due to missing boundary monumentation, boundary line conflicts, discrepancies,
and/or disputes will be billed as additional services (see our Attachment B for current Rate Schedule).
The client will be consulted prior to proceeding with any additional services.
TASK 5 Preliminary Site Development Plans
Our work involves only the first lot of development for Civil Engineering and Landscape Architecture
and one (1) City Submittal application with required documents. Plan sheets to match Architects
building plans and will be provided in PDF file format. Site plan and building footprint will be based on
design provided by architect, with minor revisions to adjust for truck and traffic maneuverability.
Includes coordination with geotechnical and photometric/parking lot lighting designer. The below list
of Plan Sheets and services for City Submittal:
x Project Cover Sheet
x Existing Conditions / Removals Plan
x Site & Paving Plan
x Storm Water Management Report and Calculations
x Grading and Erosion Control Plans
x Storm Sewer Plan
x Utility Plan
x Site Details
x Landscape Plan & Details (Irrigation performance specifications)
Significant changes to the building design/site layout from the Concept Plan will be considered
additional hourly services and will be discussed with you prior to commencing the work.
TASK 6 SWPPP Plan and Report
Westwood will prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with the
Minnesota NPDES General Storm Water Permit and assist with application for permit coverage and fee
(electronic Notice of Intent). The SWPPP narrative will be based on the erosion and sediment control
design included in the civil construction plans included in this proposal. The SWPPP will generally
include a project narrative, location map, erosion and sediment control typical details, drainage maps,
soils maps, impaired or special water maps and requirements, temporary and permanent erosion and
sediment control best management practices, sequencing discussions, non-storm water and other
potential pollutant best management practices. One hard copy and one PDF copy of the SWPPP binder
will be produced for use in the field during construction and record keeping.
December 13, 2019
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TASK 7 Meetings (Hourly – 24 Hour Budget)
Westwood will meet with City staff, utilities staff, commissions, council, Client/Owner, and outside
consultants at the sole direction and written request of the Client.
Additional meeting time above this budget will be billed on an hourly basis according to our standard
rate schedule.
TASK 8 Revisions (by Client and/or Local Governing Agency - Hourly)
Client revisions and/or subsequent plan revisions during the City submission and review process and
the County platting process will be invoiced on an hourly basis. Even though we endeavor to design
the project according to the standards, guidelines and policies of the local governing unit, there is
always room for subjective alterations and additions. We propose to complete all revisions and
additions required by the client, City, County and other agencies an hourly basis as authorized by the
client. This task also relates to value engineering requested by client.
TASK 9 Construction Documents
Westwood will assist Client in the preparation and submittal of the site design and final documents as
the project is taken through City staff review, and building permit application. Westwood will work
with the Client to verify final site layout, grading, slopes, utilities, and finished floor elevation (FFE).
Westwood will need to be provided, by others, the final building plan, proposed size and location of
water, sanitary sewer, and storm sewer service/connections to the buildings in order to prepare the
needed final utility plan.
x Project Cover Sheet
x Existing Conditions / Removals Plan
x Site & Paving Plan
x Storm Water Pollution Prevention Plan/ Narrative/Notes
x Grading and Erosion Control Plan
x Storm Sewer Plan
x Utility Plan
x Site Details
x Landscape Plan & Details
Irrigation will be design build by contractor.
Signage and Trash enclosure design and details by Architectural and Structural.
Significant changes to the building design/site layout from the Preliminary Plans will be considered
additional hourly services and will be discussed with you prior to commencing the work.
December 13, 2019
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TASK 10 Limited Permit Assistance (Hourly – 30 Hour Budget)
Westwood will assist the Client in preparation of the following permits:
MPCA NPDES Permit
Watershed District Permit
City Land Disturbance Permit
Department of Health (Water)
Department of Labor
SAC Determination-Met Council
Other Permitting Agencies
All permits will be submitted by the Client with any associated permit fees.
Additional permit assistance will be invoiced hourly as additional services as directed and approved by
the Client.
Building permit submittal and coordination will be by the ARCHITECT.
TASK 11 Construction Administration - (Hourly)
Westwood will provide construction administration services to assist Client and contractor with
coordination and interpretation of plans and specifications, including shop drawing review, construction
questions and site visits as requested by Client.
Additional construction administration time above this budget will be billed on an hourly basis.
December 13, 2019
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COMPENSATION FOR BASIC SERVICES
Westwood proposes to complete the basic services described herein on an hourly basis in accordance with our
standard hourly rate schedule with reimbursable expenses identified separately, if applicable, and per General
Conditions of Agreement. Reimbursable expenses would include items such as mileage, color printing,
delivery, and application/permit fees. The project would be billed monthly on work completed. Work done in
subsequent years is subject to inflationary increases. Proposal is valid for 3 months from the date of this letter
and to be completed within a 12 month time period. Our scope and fee is based upon our current understanding
of the project and scope outlined. Any additional work, as authorized, is to be invoiced hourly or as agreed
upon between parties.
SCOPE OF SERVICES PROPOSED FEE
Phase I
TASK 1 Site Concept Planning & Code Evaluation $ 5,000
TASK 2 Meetings (Hourly – 12 Hour Budget)$ 2,000
TASK 3 ALTA/ACSM Land Title and Topographical/Utility Survey $ 12,500
Total Proposed Phase I Fee $ 19,500
(Excluding Hourly items)
Phase II (To be Refined After Phase I)
TASK 4 Preliminary and Final Plat $ 7,500-8,500
TASK 5 Preliminary Site Development Plans $ 15,000-18,000
TASK 6 SWPPP Plan and Report $ 3,000
TASK 7 Meetings (Hourly)$ 3,000-5,000
TASK 8 Revisions (by Client and/or Local Governing Agency - Hourly)$ 5,000-7,000
TASK 9 Construction Documents $ 5,000-7,000
TASK 10 Limited Permit Assistance $ 4,000-5,000
TASK 11 Construction Administration - (Hourly)$ 4,000-6,000
Total Proposed Phase II Fee $ 46,500-59,500
(Excluding Hourly items)
Alternate
ALT 1 Phase I ESA $ 3,000
ALT 2 Subsequent Individual Developments $ TBD
December 13, 2019
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BASIC ASSUMPTIONS & CONDITIONS
1.Services beyond this agreement including revisions to our plans caused by site plan changes by the Client or
governmental agencies after the concept Task shall be compensated as “Additional Services” and will be
billed on an hourly basis.
2.Surveying services for construction staking, deeds, additional easements or lease agreements or NPDES
inspection shall be considered additional services and will be billed on an hourly basis.
3.The Client shall be responsible for outside reproduction costs, permit application and filing fees.
4.Retaining wall design engineering is not included. The Client shall retain a structural engineer to design and
certify walls with grading input from Westwood.
5.Engineering services for off-site improvements, offsite stormwater ponding design, wetlands mitigation,
offsite lighting, retaining walls, irrigation, or cost estimates shall be considered additional services.
6.EAW/EIS/AUAR coordination and review is not included but may be provided as an additional service, if a
discretionary EAW is required by the city.
7.The Client shall provide Westwood with agency staff reports, meeting minutes, and relevant
correspondence as they become available.
8.The Client shall retain a geotechnical engineer to conduct soils investigations and to make a pavement
design recommendation and confirm onsite infiltration rates to aid in ponding design.
9.The Client or the Client’s mechanical engineer and fire protection designer will provide Westwood
locations and sizes of services required to address building roof drains, sanitary sewer, and domestic and
fire water services. Additionally, a flow analysis for the water main has not been included.
10.The existing sanitary sewer and water main available at the site boundary are of sufficient size and depth to
serve the proposed use. Design of a sanitary sewer lift/ejector and/or water pressure reducing valve or water
pump are not included.
11.The Client will provide current title commitments and documents listed under Schedule B II of said title
commitment. Westwood has the right to rely on information contained in such documents.
12.The deliverables for this project shall be up to 10 prints of full size site plans (or one reproducible plan or
CAD/PDF diskette) and one 11”x17” reduction.
EXCLUSIONS (Additional Services that can be provided upon request by Westwood)
1.Phase I/ II Environmental Site Assessment
2.Wetland Review & Delineation
3.Wetland Mitigation Services
4.Natural & Cultural Resource Services
5.Traffic review or design
6.Property owner list for public notification
7.Small utility plans/ coordination (will-serve letters)
8.Site Lighting Plans/Photometrics
9.Cost estimates
10.Color graphics/ exhibits
11.DOT or County Permits – ROW/Driveway/Utility
12.DNR Permits
13.LEED Certification Assistance
14.Construction Bidding Assistance
15.Construction Meetings or Observation
16.Construction Staking Services
17.Record Drawings
18.Post Construction ALTA/Topographic/Utility Survey
December 13, 2019
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If the above scope of work and terms are acceptable, this proposal can serve as contract between the Client and
Westwood by affixing a signature on the last page of the attached Westwood General Conditions. Please return
one copy to our office. We appreciate the opportunity to work with you on this project and look forward to a
successful relationship. If you have any questions or need additional information, please contact me at (952)
697-5722 or email at jeff.westendorf@westwoodps.com.
Sincerely,
WESTWOOD PROFESSIONAL SERVICES
Jeff Westendorf, RLA
Senior Landscape Architect/Project Manager,
Attachments: Westwood General Conditions of Agreement
General Conditions 2.0 1/2012
General Conditions of Agreement Westwood Professional Services, Inc.
This document, together with the attached Proposal for the Rosemount Rec Center Project dated December 13,
2019 (the “Project”), is an agreement (the “Agreement”) between City of Rosemount (“Client”) and Westwood
Professional Services, Inc. (“Westwood”).
1.01 Basic Agreement
Westwood shall provide, or cause to be provided, the services (“Services”) set forth in this Agreement as
described in the accompanying Scope of Work and Fee Proposal. This Agreement, together with any
expressly incorporated appendices, constitutes the entire Agreement between Client and Westwood and
supersedes all prior written or oral understandings regarding this subject. This Agreement is to be
governed by the laws of the State in which the Project is located.
2.01 Payment Procedures
Westwood will prepare a monthly invoice in accordance with Westwood's standard invoicing practices and
submit the invoice to Client. Invoices are due and payable within thirty (30) days of receipt. If Client fails
to make any payment due Westwood for Services and expenses within thirty (30) days after date of
Westwood's invoice, the amounts due to Westwood will be increased at the rate of the lesser of 1.25% per
month after the thirtieth (30th) day, or the highest, non-usurious rate permitted by law. Client shall pay
Westwood’s attorney’s fees and costs of collection in the event of its default hereunder.
3.01 Termination
This Agreement may be terminated upon thirty (30) days written notice in the event of failure by the other
party to perform in accordance with the Agreement's terms through no fault of the terminating party.
Westwood shall have the option to terminate Services if Westwood’s invoices are not paid sixty (60) days
from the date of the invoice.
4.01 General Considerations
A.The standard of care for all professional consulting and related services performed or furnished by
Westwood under this Agreement will be the care and skill ordinarily used by members of the subject
profession practicing under similar circumstances at the same time and in the same locality. Westwood
makes no warranties, express or implied, under this Agreement or otherwise, in connection with
Westwood's Services. Westwood and its consultants may use or rely upon the design services of Client
and others, including, but not limited to, contractors, manufacturers, and suppliers.
B.Westwood shall not be responsible for the acts or omissions of any contractor, subcontractor, or
supplier, or of any contractor's agents or employees or any other persons (except Westwood's own
employees) furnishing or performing any construction work; or for any decision made on
interpretations or clarifications of the construction contract given by Client without consultation and
advice of Westwood.
C.All design documents prepared or furnished by Westwood are instruments of professional service, and
Westwood retains an ownership and property interest (including the copyright and the right of reuse) in
such documents, whether or not the Project is completed.
D.To the fullest extent permitted by law, Westwood shall indemnify and hold harmless Client, Client's
officers, directors, partners, and employees from and against any and all costs, losses, and damages
(including but not limited to all fees and charges of consultants, architects, attorneys, and other
professionals, and all court or arbitration or other dispute resolution costs) caused by the negligent acts
or omissions of Westwood or Westwood’s officers, directors, partners, employees, and Westwood’s
consultants in the performance and furnishing of Westwood’s services under this Agreement.
General Conditions 2.0 1/2012
E.To the fullest extent permitted by law, Client shall indemnify and hold harmless Westwood,
Westwood’s officers, directors, partners, employees, and Westwood’s consultants from and against any
and all claims, demands, costs, losses, and damages (including but not limited to all fees and charges of
consultants, architects, attorneys, and other professionals, and all court or arbitration or other dispute
resolution costs) and liabilities that Westwood may incur or suffer which arise out of or relate to: (i) the
negligent acts or omissions of Client or Client's officers, directors, partners, employees, and Client's
consultants with respect to this Agreement or the Project; and (ii) Client’s breach of or failure to
perform any of its obligations of this Agreement or a Proposal.
F.Westwood shall not be liable for any incidental, consequential, indirect, or punitive damages arising
out of this Agreement or Westwood’s provision of the Services or the Deliverables, even if Westwood
has been advised of the possibilities of such damages. In no event shall Westwood’s total liability in
connection with this Agreement exceed the amounts paid by Client to Westwood under this
Agreement.
G.The parties acknowledge this Agreement does not include any services related to a Hazardous
Environmental Condition (including, but not limited to, the presence of asbestos, PCB's, petroleum,
hazardous substances or waste, and radioactive materials). If Westwood or any other party encounters a
Hazardous Environmental Condition, Westwood may, at its option and without liability for
consequential or any other damages, suspend performance of Services on the portion of the Project
affected thereby until Client: (i) retains appropriate specialist consultants or contractors to identify and,
as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants
that the Site is in full compliance with applicable laws and regulations.
H. Westwood shall maintain insurances during the term of this Agreement as indicated in the
Attached Exhibit A. Westwood will provide a copy of such insurance to Client upon request.
5.01 Right of Entry
Client grants to Westwood, and, if the project site is not owned by Client, warrants that permission has
been granted for, a right of entry from time to time by Westwood, its employees, agents and subcontractors,
upon the project site for the purpose of providing the Services. Client recognizes that the use of
investigative equipment and practices may unavoidably alter the existing site conditions and affect the
environment in the area being studied despite the use of reasonable care and, Client shall indemnify and
hold Westwood harmless from claims by Client for damages caused in part by reasons of Westwood’s
provisions of Services.
6.01 No Third Party Rights
This Agreement shall not create any rights or benefits to parties other than Client and Westwood. No third
party shall have the right to rely on Westwood opinions rendered in connection with the Services without
the written consent of Westwood and the third party’s agreement to be bound to the same conditions and
limitations as Client.
7.01 Pre-lien Notice
(A) ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR
PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR
THE CONTRIBUTIONS.
(B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR
MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT
PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE
IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR
OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.
General Conditions 2.0 1/2012
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, effective on the latest date indicated
below.
CLIENT:WESTWOOD:
City of Rosemount Westwood Professional Services, Inc.
By: ______________________________By:
Name: ____________________________Name: __________________________
(PRINT/TYPE) (PRINT/TYPE)
Title: _____________________________Title:
Date Signed: _______________________Date Signed:
Address/Contact for giving notices:Address/Contact for giving notices:
__________________________________Westwood Professional Services, Inc.
__________________________________C/O Joanna Vossen/ General Counsel
12701 Whitewater Drive, Suite 300
__________________________________Minnetonka, Minnesota 55343
Attachments: A Insurance
General Conditions 2.0 1/2012
ATTACHMENT A
INSURANCE
A.Insurance. Westwood shall, during the life of this Agreement, maintain the following insurances:
1.Commercial General Liability (occurrence form not less than):
$2,000,000 General Liability
$2,000,000 Products and Completed Operations Aggregate
$1,000,000 Personal and Advertising Injury
$1,000,000 Each Occurrence
$10,000 Medical Expense
2.Commercial Automobile Liability (all scheduled auto, hired and non-owned autos):
$1,000,000 Combined Single Limit
3.Umbrella
$5,000,000 Aggregate
$5,000,000 Each Occurrence
4.Workers Compensation
$1,000,000 Each Accident
$1,000,000 Policy Limit
$1,000,000 Each Employee
Professional Liability Errors and Omissions Insurance. Westwood shall carry Professional Liability Errors
and Omissions insurance with limited contractual liability in the amount of $2,000,000 per claim and in the
aggregate for the duration of this Agreement.