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HomeMy WebLinkAbout12.05.22 Work Session Packet CITY CIF Meeting Location: FARMINGTONFarmington City Hall r� 430 Third Street Farmington, MN 55024 CITY COUNCIL WORK SESSION MEETING AGENDA December 5, 2022 5:30 PM 1. CALL TO ORDER 2. APPROVE AGENDA 3. DISCUSSION ITEMS (a) Pavement Management Program (30 Minutes) (b) Engineering Services Procurement(30 Minutes) 4. CITY ADMINISTRATOR UPDATE 5. ADJOURN CITY OF 0 430 Third St., Farmington, MN 55024 FARMINGTON © 651-280-6800 ® 'fl Farmington M N.gov TO: Mayor, Councilmembers and City Administrator FROM: John Powell, Public Works Director SUBJECT: Pavement Management Program (30 Minutes) DATE: December 5, 2022 INTRODUCTION The efficient and technically effective use of City funds for street maintenance is dependent upon an ongoing system of road condition evaluation, an updated road inventory, and selection of the appropriate maintenance strategy.Taken as a whole,we refer to these efforts as our Pavement Management Program (PMP). DISCUSSION The City performs annual maintenance activities including crack filling, seal coats, bituminous patching, and mill/overlays. I n early 2019,the City entered into an agreement with Goodpointe Technology for the implementation of their I CO N pavement management software. A review of the data currently in this software program indicates that roadway segment conditions have not been entered, or updated, since early 2019. The City's bituminous pavement conditions are typically rated on a scale from 100 (new)to 0 (very poor). Further, as the City has grown significantly since early 2019,the road network represented in the program is incomplete. Staff needs to have complete data in order to make our most informed recommendation on future pavement maintenance and/or reconstruction. We also recommend that all bituminous trails be added to the PMP database as they are also an important part of the City's infrastructure investment portfolio. We are recommending the following general approach: • Direct Goodpointe Technology to update the base map to show all public roadways and trails; and provide pavement condition ratings for all of the pavement segments in the Spring of 2023. • Discuss with the City Council acceptable levels of service for the roadway and trail systems. • Develop maintenance and/or replacement approaches and costs to meet the desired level of service. • Develop a financial strategy that can support the desired level of service. • Re-rate the condition of 1/3 of the roadway pavement each year;and re-rate the trail pavement conditions every two years. The goal is to maintain current and actionable data. • Annually add any newly constructed road or trail segments to the base map. All elements of the City's infrastructure investment portfolio need to be actively monitored including strategies and plans for maintenance and future replacement. To provide additional background on asset management, PMP, and pavement condition ratings; staff is preparing a PowerPoint presentation to lead off our discussion. BUDGET IMPACT There will be a cost to update the base map to show all public roadways and trails; and provide pavement condition ratings for all of the pavement segments. This cost is in addition to our annual subscription and support fees for the I CON software. ACTION REQUESTED Discuss the recommended approach to pavement management and provde feedback to staff. CITY OF FARMINGTON Pavement Management Program City Council Work Session December 51 2022 Agenda ■Asset Management ■ Bituminous Pavement Distress ■ Pavement Condition Indexes ■ Next Steps -CITY 0 FARMINGTON Asset Management ■ The City has a portfolio of assets including pavement (street and trail), parks, sanitary sewer, water, drainage and storm sewer, etc. ■ Asset management is a coordinated and intentional activity to realize the full value of an asset. ■ Long term plan to apply resources to meet a desired level of service in the most cost-effective manner. —CITY 0 FARMINGTON l� Asset Management ■ A Pavement Management Program focuses on the pavement infrastructure asset. ■ Level of Service Discussions ■ Financial Planning ■ Maintenance Programming ■ Capital Improvement Plan CITY 0 FARMINGTON j�e TypicalPavement Longitudinal & Transverse rac in Severity : Low Age : 0-3 years t Strategy : Crack Fill or ` 44 Rout and Fill rA . X44 -'•x'tp9) � - _ '1 . •h�. r= 1 ?, J 4 r �,Y � l rc+1,�ai 5 . 'k •r\ rj�R+�� `Qi r" � Y„,ts��� � FRt}'�{ t FARMINGTON .�1. •,x �'l�t{rr �ty:a z 6/tS`� "4 �'�"t�� a1�.6rl� $•�'Y� _ \ „ !_ - :-,'.,� az._5`r��t.Y�'{'�3t`i 1.�t��`f i t++s.' '(. .Y�� `.�k��j t ;,'`r�v�+• ___. ^"'' TypoicalDistresses Longitudinal Transverse Cracking Severity : High Age : Varies, cracks widen without sealing Strategy : Full Depth Patch FARMINGTON Typical Pavement Distresses Block Cracking Severity: Low - Medium Age : 5- 10 years \ Strategy: Crack Fill, Seal Coat, Mill & Overlay } c t FARMINGTON TypoicalDistresses Block C � t- �• 1 Severity : High Y - A e : 1015 ears g 0AJ f• .yt1'S/1`j -KL }rim . � � Strategy : Full Depth Mill & Overlay or Reconstruction y FARMINGTON Typoical Pavement Distresses Alligator rac in Y r Severity : Low - Medium Age : 15-20 ears 11 v 1r =� Strategy : Full Depth Mill Overlay o r . ., � .�,. - - �-- �- �• r: � � �- �=�� Reconstruction } . . f• _ r :._ v FARMINGTON TypoicalPavement AlligatorCracking Severity : High h - � y g -- -� - A ge : 20+ years �- Strategy : Full Depth " - Mill & Overlay or Reconstruction s = • s v � r FARMINGTON Typoical Pavement Distresses Edge Severity : Low Age : 5- 10 years Strategy : Patch and Seal Coat or Mill & Overlay i ' Y , FARMINGTON Typoical Pavement Distresses Edge rac in Severity : Medium- High - `� Age : 10+ years r Strategy : Mill & Overlay } - gy y Sr %ash •� `. _ '�^�, � r �17, - .�:�_��L�r.K.. �� � . .. _._ - t,'.�. �t .. � . ;'•� � FARMINGTON -o•� What is a Pavement Condition Index ( PCI ) ? ■ The PCI pertains only to the pavement condition . ■ A condition value based upon a scale of 0 to 100 ( 100 = new pavement) ■ Based upon visual distresses: cracks, potholes, patches, ruts, etc. ■ Conditions observed at a specific point in time (snapshot) ■ Not every patch or pothole is counted; condition observations are aggregated by roadway segment. CITYOF- FARMINGTON ��io Use of the PCI ■ The PCI data will provide the City with a pavement rating for each segment, that can easily be displayed on a citywide base map; normally in increments of 10 points. ■ A citywide average PCI will be determined and used as an overall benchmark of pavement conditions. ■ The PCI data, together with the level of service policy, will guide pavement maintenance and replacement planning. CITY OF FARMINGTON -�/moo Is PCI The Only Consideration When Planning Pavement Work .? Certainly not ! Other considerations include: • Safety • Curb and gutter condition • Sanitary sewer, water, and storm sewer needs • Surface drainage ■ Known subgrade conditions ■ Traffic volumes or changes (development) ■ Business and community needs • Roadway geometry ■ Funding sources (local, county, state, federal, private) • Risk CITY OF FARMINGTON Beitumainous Pavement Deter*ioration urve 100 - 90 Preventative Maintenance so U a- x X 70 a) ---------------- ---------------------------------- E 60 C Full Depth or Edge Mill & Overlay 0 50 +� ---------------------- ----------------------------- 40 0 U +-, 30 Reconstruction E 20 a� 10 0 0 5 10 15 20 25 30 35 40 CITY OF Time in Years FARMINGTON • Detergiorateion and Sea I 100 Overlay 90 Seal Overlay U 80 Seal x 70 60 O 50 :� --------------------------------------------------- ---------- 0 40 U � 30 v Reconstruction E 20 ... 10 CITY OF 0 10 20 30 40 50 FARMINGTON Time in Years Next Steps • Update the base map to show all public roadways and trails. ■ Provide pavement condition ratings for all pavement segments in the Spring of 2023. ■ Discuss with the City Council acceptable levels of service for the roadway and trail systems. ■ Develop maintenance and/or replacement approaches and costs to meet the desired level of service. ■ Develop a financial strategy that can support the desired level of service. FARMINGTON bio Future Steps g Annually add any newly constructed road or trail segments to the base map. ■ Re-rate the condition of 1/3 of the City roadway pavement each year. ■ Re-rate the trail pavement conditions every two years. ■ Maintain current and actionable data . ■ Provide long term planning of road work and transparency for the decision-making process -_C,,YO,— FARMINGTON CITY OF O 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 FarmingtonMN,gov TO: Mayor, Councilmembers and City Administrator FROM: John Powell, Public Works Director SUBJECT: Engineering Services Procurement(30 Minutes) DATE: December 5, 2022 INTRODUCTION As the City has a limited number of Engineering staff,we rely on the use of outside engineering consultants for the delivery of many tasks and projects. This is especially the case for large public improvement projects and projects requiring specialized technical services. DISCUSSION With regard to procurement of engineering and technical services,there are multiple options available depending on the complexity, scope, and schedule for the proposed assignment. The most common approaches are the issuance of a Request for Proposals (RF P)for a project,task,or period of time;or the issuance of a Request for Qualifications (RFQ) and establishment of a consulting pool. I n addition to being time consuming for staff;there can be wide ranging interpretations of the same RFP document. When evaluating proposals,many factors must be considered in order to fully evaluate any proposal such as: • A demonstrated understanding of the requirements of the project. • Appropriateness of the project schedule and work scope to the City's needs. • Qualifications and expertise of key personnel. • Experience of the firm and team on similar projects. • Innovation in providing new,technically sound,approaches to the project. • Record of past performance. • Feedback from references. • Resources of the firm to successfully complete the project. • Proposed fees and rates. Due to the high number of project and task assignments expected in the near future,we recommend the issuance of a RFQ and establishment of a consulting pool instead of issuing RFP's for all assignments. Through this process,we want to maximize the accountability of consultants working in the City;allow for innovative ideas;get the best value for our investment;and provide transparency to the process of selecting consultants. Projects or tasks would most frequently be directly assigned to pool consultants as the need arises. But proposals could be solicited from multiple pool members, or from non-pool firms as deemed appropriate by the City. I n all cases,the Professional Services Agreement(PSA)for the selected consultant,which includes a work scope,schedule, and budget;will be submitted to the City Council for approval. A possible schedule for the selection process is shown below: Introductory discussion with City Council December 5, 2022 Authorization to request SOQ's December 19, 2022 SOQ request issued December 22, 2022 Questions due from prospective consultants January 3, 2023 Responses to questions due from City January 9, 2023 SOQ submittals due February 3, 2023 City review and interviews, as necessary February 3- March 2, 2023 City Council approval of pool March 6, 2023 A draft of a request for a Statement of Qualifications is also attached, as is the standard PSA prepared by the City Attorney. BUDGET IMPACT N/A ACTION REQUESTED Discuss the recommended approach to utilize a Consultant Pool and provide feedback to staff. ATTACHMENTS: Type Description D Backup Material Draft Request for Statement of Qualifications D Backup Material Standard PSA CITY OF FARMINGTON MINNESOTA REQUEST FOR STATEMENT OF QUALIFICATIONS (SOQ) TO PROVIDE PROFESSIONAL SERVICES For the City of Farmington, MN December 22, 2022 Due: 4:00 PM, Friday, February 3, 2023 Via email: JPowell@FarmingtonMN.go_v_ At the Office of the Public Works Director City of Farmington 430 Third Street Farmington, MN 55024 City of Farmington RFQ to Provide Professional Services I. INTRODUCTION This request for Statements of Qualifications (SOQ) is issued by the City of Farmington to identify consulting firms to provide specific technical consulting services to support City staff. The selection of Consultants for professional services will be for a period of four years. The City has identified multiple service areas where the need may arise for use of outside consultants. Firms are eligible to be retained in as many of the service areas for which they express interest, and are qualified and selected. Selection and future work assignments will take into consideration the workload, expertise, costs, and past performance of proposing consulting firms and their representatives. II. INSTRUCTIONS/SCHEDULE A. Administration and Submittal All responses, questions and correspondence must be addressed in writing via email: John Powell Public Works Director—City of Farmington JPowell@FarmingtonMN.gov Written questions will be accepted until Friday, January 3, 2023 at 4:00 PM. City responses to questions will be forwarded to all firms via email. Contact with any other City staff pertaining to this Request for SOQ is prohibited and may result in rejection of the consultant's submittal. Please provide a pdf of the SOQ. SOQ's should be emailed to JPowell@FarmingtonMN.gov and addressed as follows: City of Farmington Statement of Qualifications to Provide Professional Services Attn:John Powell 430 Third Street Farmington, MN 55024 JPowell@FarmingtonMN.gov SOQs will be accepted via email until Friday, February 3, 2023 at 4:00 PM, at which time they will be distributed electronically to the SOQ review committee. Additional hardcopies may be requested once consultants are selected. 2 City of Farmington RFQ to Provide Professional Services B. Acceptance of SOQ Contents The contents of this request and SOQ will be included as part of the contractual obligations if a contract ensues. Failure of the consultant to meet these obligations may result in cancellation of the award. All information in the SOQ is subject to disclosure under the provisions of Minnesota Statutes Chapter 13 — Minnesota Government Data Practices Act. C. SOQ Schedule Milestone Tentative Date Request for SOQ issued December 22, 2022 Deadline for submittal of questions January 3, 2023 Anticipated date for responses to questions posted January 9, 2023 SOQ submittals due February 3, 2023 City review and interviews, as necessary February 4- March 2, 2023 City Council approval of pool March 6, 2023 Pool term March 5, 2023-March 4, 2027 The City reserves the right to modify this schedule at the City's discretion. Notification of changes in the response due date will be posted on the City website. III. STATEMENT OF QUALIFICATIONS CONTENT A. Statement of Qualifications Format The proposal must not exceed twelve (12) pages, excluding a cover page and the table of contents. Information such as resumes, references, and fee schedules should be included in the appendix and will not count toward the page limit. B. Cover Letter/Title Page Include an explanation of the SOQ, the name of the firm, local address, telephone number, name of the contact person, their email address, and the date. C. Table of Contents Includes identification of the material by section and page number. D. Consultant Profile 1. Include the technical service area(s)the firm can provide. 2. Identify the basis of the firm's interest for each of the technical service areas for which the firm wishes to be considered. 3. Include qualifications of the firm as it relates to technical service 3 City of Farmington RFQ to Provide Professional Services area(s) to be provided.This includes descriptions of completed projects specifically related to that technical service area. 4. List any known or potential conflicts of interest. E. Appendix/Resumes 1. Include the qualifications and resumes of the professional staff that would be routinely assigned to various City projects. 2. Include the name(s), experience, and qualifications of person(s) that will be routinely responsible for the management and administration of a contract with the City. F. Appendix/References 1. Please include a list of municipal client references where related technical services were provided by the staff identified above and the name, telephone number, and email address of a person who may be contacted at that municipality. 2. Include a list of previous or current professional services provided to the City of Farmington and client representatives. 3. Include a list of private clients (if any) for who work has been or is being performed within the City of Farmington, the type of project, the specific activities performed, and the name of a person who may be contacted at the client. G. Appendix/Fees 1. Please include a fee schedule for 2023, including hourly rates, specialty rates, multipliers, percentages, etc., for the various classifications of personnel proposed to provide professional services under a contract with the City. Identify any reimbursable costs. Identify what services are excluded from these hourly rates (i.e., mileage, etc.). Please include a 2022 fee schedule as well. 2. Specifically state the firm's preferred method of calculating fees for different types of services provided (hourly, hourly not to exceed, lump sum, etc.). The fees for specific projects assigned are subject to negotiation. IV. CONSULTANT SERVICE AREAS The service areas as well as the representative tasks related to each service area are listed below. The SOQ does not need to respond to every individual task listed, only to the service area as a whole. 4 City of Farmington RFQ to Provide Professional Services A. Municipal Engineering • Feasibility reports • Plans and specifications • Project management • Construction administration • Construction inspection • Construction staking • Construction cost estimates • Special assessments • Comprehensive system plans • Municipal State Aid project administration • Federal Aid project administration • Right-of-way and easement acquisition • Private utility coordination • Bidding services • Record drawing preparation • Development review B. Transportation Engineering • Traffic impact studies/mitigation analysis • Traffic forecasting • Intersection Control Evaluations/Signal Justification Reports • Intersection layout and geometrics • Comprehensive transportation planning • Temporary and permanent traffic control • Street lighting analysis and design • Circulation/site plan layout and analysis • Preliminary layouts • Traffic signal system design C. Surface Water and Natural Resources • Surface Water, Wetlands, Floodplains o Wetland delineation and mitigation analysis o Wetlands assessment o Stormwater system modeling o Water quality analysis o Design and construction management of water quality improvement projects o Hydraulic and Hydrologic analysis o NPDES permitting (stormwater and MS4) o Comprehensive system plans (stormwater, wetlands) o Floodplain management o Localized flooding analysis o Non-degradation and Total Maximum Daily Load (TMDL) review 5 City of Farmington RFQ to Provide Professional Services o Erosion control o Best Management Practices/Low Impact Development techniques • Natural Resources o Monitoring o Lake restoration o Aquatic plant surveys and management plans o Comprehensive system plans (Wildlife management, urban forest, natural resources, etc) D. Parks and Recreation • Parks, trails, and recreation facility development, Improvement, and renovation Projects, including o Feasibility reports o Plans and specifications o Project management o Construction administration o Construction inspection o Construction staking o Construction cost estimates • Comprehensive system plans (park system, park trails) E. Geotechnical Services • Pavement coring, soils exploration, recommendation and reports • R-value determinations • Materials testing • Density and compaction testing • Construction density and material testing • Pavement structural analysis/testing F. Municipal Utilities • Water systems o Modeling o Comprehensive planning o Analysis of water supply sources and costs o Pump houses o PRV design o Source water supply engineering ■ Well field studies, management, protection ■ Monitoring wells ■ Well design, permitting, construction, and pump tests ■ Groundwater modeling o Ground and surface water treatment plan operation o Treatment plant/system operational studies, design o Distribution system operational studies, design o Water storage tank/tower inspections, maintenance project 6 City of Farmington RFQ to Provide Professional Services design/delivery, coating inspections o Water Storage Design • Wastewater systems o Modeling o Comprehensive sewer system planning o Lift station analysis and design o lift station rehabilitation o Infiltration/Inflow Evaluation • SCADA, telemetry, etc. • Cellular operator management services and inspections G. Land Surveying • Topographic surveys • Subdivisions/plats • Certificates of survey • Easement descriptions and exhibits • Lot corner monumentation • Property records investigations • Construction staking • As-built surveys H. Structural • Buildings • Retaining walls (including boulder walls) • Bridges • Parking structures • Structures maintenance • Reservoirs • Communications towers 1. Architectural Services • Park shelter buildings • Utility operation structures (well houses, etc.) • Municipal buildings (expansions, remodeling, etc.) • Landscape architecture J. Communications • Antenna • Fiber optics—design and management/relocations • RF analysis • Radio • Telemetry • Alarms 7 City of Farmington RFQ to Provide Professional Services • SCADA K. Electrical/Mechanical • Street lights • Energy management • Pump efficiency and rehabilitation • System rehab (MCCs, wiring, etc) • SCADA V. STATEMENT OF QUALIFICATION EVALUATION AND FIRM SELECTION A. Qualification Based Selection (QBS) The City intends to select those firms evaluated to be best qualified to perform the work for the City with past experience, cost, compatibility, and other performance factors also considered. This includes but is not limited to the ability to actively manage project; and the ability to respond to city needs and questions in a timely manner. The City intends to establish a pool of qualified professionals that provides a broad base of experience and expertise that the City can utilize as needed. B. Review and Recommendation Process City staff will conduct interviews (as needed) and prepare a recommendation on firms for consideration and approval by the City Council. C. Financial Liability Limitations The City shall not be liable for any expenses incurred by the applicant including, but not limited to, expenses associated with the preparation of the SOO, attendance at interviews, preparation of a cost statement, or any future contract negotiations. D. Right of Review The City of Farmington reserves the right, based on the qualification criteria, to reject any and all SOQ's or to request additional information from any or all firms. E. Qualification Evaluation Criteria In evaluating whether a consultant is to be included in one of the service areas, numerous factors shall be considered. Among those factors are the following: 1. An evaluation of the consultant's technical qualifications. 2. Work experience and reputation. 3. Available personnel. 4. Recommendations of past and existing clients. 5. Previous experience with the City of Farmington. 8 City of Farmington RFQ to Provide Professional Services 6. Actual or potential conflicts of interest with other private or public clients and the City of Farmington, including other governmental agencies, doing business with the City. 7. The ability of the firm to directly provide the necessary services without the use of sub-consultants. 8. History of questionable consulting actions or poor consultant contract performance. 9. Willingness to enter into City's Agreement for Professional Services. 10. Hourly fees and other expenses. VI. CONSULTANT SERVICES PERFORMANCE REVIEW The performance of each professional consultant may be annually evaluated with reference to standards and procedures developed by the City. Whenever feasible,the act of evaluation will be conducted by the staff most closely associated with the consultant's work and shall occur in the first months following the close of the calendar year. If conducted, evaluation information shall be retained for future reference and shall be available for public inspection.The Consultant shall be provided with copies of the evaluation information and be provided an opportunity to comment or correct any errors or omissions. VII. CONTRACT EXECUTION A. Negotiations and Contract Execution A general services agreement will not be entered into for all firms contained within the pool. Individual contracts and authorizations will be prepared for projects and tasks as the need arises for use of the pool. The City reserves the right to negotiate the final terms and conditions of the contract to be executed for each project or assigned task. The City's standard Professional Services Agreement (PSA) is included as Attachment A. Should the City and a consultant be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations and select another consultant. The City also reserves the right to use firms outside of the pre-qualified pool for significant projects or where statutes, funding, or other agencies may require competitive proposals. The City also reserves the right to obtain competitive proposals from multiple firms within the pre-qualified pool of consultants. Typically, City staff will select a member of the approved consultant pool and will cooperatively develop a draft work scope. A budget will then be prepared based on the draft work scope. The budget is then reviewed and the work scope can be adjusted to maximize the efficiency and effectiveness of the consultant's time. Once the final work scope and budget have been prepared, a Professional Services Agreement is brought to the City Council for approval. 9 City of Farmington RFQ to Provide Professional Services The pre-qualification pool will be in place for four(4)years assuming satisfactory service delivery and or continuity of acceptable assigned personnel. Certificates of Insurance (COI) must be kept up to date, must meet the requirements in the PSA, and must include the City of Farmington as an additional insured. It is the consultant's responsibility to provide COI renewals to the City, at least annually. Invoices must include listing of individuals, days worked, hours each day, rate of pay for the individual, as well as listing the budget remaining for the project. B. Contracting Ethics 1. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decision, which affects his or her direct or indirect financial interest. 2. It is a breach of ethical standards for any person to offer, give, or agree to give any City employee or Council person, or for any City employee or Council person to solicit, demand, accept, or agree to accept from another person or firm, a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or move favorable treatment than is normally accorded to the general public. 3. The firm shall not assign any interest in this contract and shall not transfer any interest in the same without the prior written consent of the City. 4. To remove any potential or actual conflict of interest a consultant representing any private party client submitting a project or activity to the City shall not represent or review the project or activity on behalf of the City. 5. This firm shall not accept any private client or project which, by nature, places it in ethical conflict during its representation of the City of Farmington. 10 City of Farmington RFQ to Provide Professional Services 6. The City requires affirmative action and, therefore, the firm selected shall not discriminate under the contract against any person in accordance with federal, state and local regulations. 11 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is made this day of , 20_, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation, whose business address is 430 3rd St, Farmington, MN 55024 (hereinafter "City") and a , whose business address is (hereinafter "Engineer"). PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Engineer for engineering services, hereinafter referred to as the "Work", and as outlined on Exhibit"A"attached hereto. IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The City retains Engineer to furnish the services set forth on the attached Exhibit "A". The Engineer agrees to perform the services. Engineer shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified on Exhibit"A". The Work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the Work will be performed in compliance with all applicable codes and engineering standards. The Work shall be performed in accordance with the Contract Documents, which includes this Agreement and the attached Exhibits: Exhibit "A" — Scope of Services, Exhibit "B" — Schedule of Payment and Fee Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i)this Agreement; (ii)Exhibit"A", (iii) Exhibit`B". 2. REPRESENTATIVES. City has designated (the "City Representative"), and the Engineer has designated (the "Engineer Representative"). The City Representative and the Engineer Representative shall be available as often as is reasonably necessary for reviewing the Services and Work to be performed. 3. COMPENSATION FOR SERVICES. Engineer shall be paid by the City for the services described in Exhibit"A"on an hourly basis in accordance with the attached fee schedule, Exhibit`B",but not to exceed$ inclusive of taxes and reimbursable costs. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Engineer shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. 224345v1 B. Special Consultants may be utilized by the Engineer when required by the complex or specialized nature of the Project and when authorized in writing by the City. 4. COMPLETION DATE/TERM. The Engineer must complete the Services by , 20 . This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 5. OWNERSHIP OF DOCUMENTS. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement("Information")shall become the property of the City, but Engineer may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Engineer also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement does not relieve any liability on the part of the Engineer,but any use of the Information by the City or the Engineer beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder,Engineer shall abide by all statutes, ordinances,rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances,rules, and regulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Engineer's books, records, documents, and accounting procedures and practices related to services provided to the City are subject to examination by the legislative auditor or the state auditor, as appropriate, for a minimum of six years. 7. STANDARD OF CARE. 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. Engineer shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Engineer's breach of this standard of care. Engineer shall put forth reasonable efforts to complete its duties in a timely manner. Engineer shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Engineer shall be responsible for costs,delays,or damages arising from unreasonable delays in the performance of its duties. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Engineer's services. 8. INDEMNIFICATION. The Engineer shall defend, indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all judgments,claims, damages, demands, actions, causes of action, including costs and attorney's fees paid or incurred resulting from any breach of this Agreement by Engineer, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Engineer, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold 224345v1 Engineer harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 9. INSURANCE. a. General Liability. Prior to starting the Work, Engineer shall procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Engineer or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Engineer shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $2,000,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Comprehensive Automobile Liability $1,000,000 combined single limit each accident(shall include coverage for all owned, hired and non-owed vehicles.) Commercial General Liability requirements may be met through a combination of umbrella or excess liability insurance. The City shall be named as an additional insured on the general liability and umbrella policies. C. Professional Liability Insurance. In addition to the coverages listed above, Engineer shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. d. Engineer shall maintain "stop gap" coverage if Engineer obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. 224345v1 e. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Farmington"as an additional insured. f. All policies, except the Professional Liability Policy, shall apply on a"per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. i. All polices,except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Engineer under this Agreement. j. Engineer agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two(2)years following City's written acceptance of the Work. k. It shall be Engineer's responsibility to pay any retention or deductible for the coverages required herein. 1. The Engineer's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days advanced written notice to the City. in. Engineer shall maintain in effect all insurance coverages required under this Paragraph at Engineer's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing and all insurance policies shall be on ISO forms acceptable to the City. n. A copy of the Engineer's Certificate of Insurance which evidences the compliance with this Paragraph, must be fled with City prior to the start of Engineer's Work. Upon request a copy of the Engineer's insurance declaration page, rider and/or endorsement, as applicable shall be provided. Such documents evidencing insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Engineer has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated,however,to review such Certificate of Insurance, declaration page, rider, endorsement, certificates, or other evidence of insurance, or to advise Engineer of any deficiencies in such documents and receipt thereof shall not relieve Engineer from, nor be deemed a waiver of, City's right to enforce the terms of Engineer's obligations hereunder. City reserves the right to examine any policy provided for under this Agreement. 224345v1 o. Effect of Engineer's Failure to Provide Insurance. If Engineer fails to provide the specified insurance, then Engineer will defend, indemnify, and hold harmless the City,the City's officials, agents, and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law,this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract)of Engineer,its subcontractors,agents,employees or delegates. Engineer agrees that this indemnity shall be construed and applied in favor of indemnification. Engineer also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity in section p,the City may require Engineer to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Engineer's insurance company. Engineer will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. INDEPENDENT CONTRACTOR. The City hereby retains the Engineer as an independent contractor upon the terms and conditions set forth in this Agreement. The Engineer is not an employee of the City and is free to contract with other entities as provided herein. Engineer shall be responsible for selecting the means and methods of performing the work. Engineer shall furnish any and all supplies, equipment, and incidentals necessary for Engineer's performance under this Agreement. City and Engineer agree that Engineer shall not at any time or in any manner represent that Engineer or any of Engineer's agents or employees are in any manner agents or employees of the City. Engineer shall be exclusively responsible under this Agreement for Engineer'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. 11. SUBCONTRACTORS. Engineer shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Engineer shall comply with Minnesota Statute § 471.425. Engineer must pay subcontractor for all undisputed services provided by subcontractor within ten (10) days of Engineer's receipt of payment from City. Engineer must pay interest of 1.5 percent per month or any part of a month to subcontractor on any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. 224345v1 12. ASSIGNMENT AND THIRD PARTIES. Neither party shall assign this Agreement, nor any interest arising herein,without the written consent of the other party.Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the City and Engineer and not for the benefit of any other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings related to this contract shall be venued in the Dakota County District Court. 16. COPYRIGHT. Engineer 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 therefrom. 17. RECORDS. The Engineer shall maintain complete and accurate records of time and expense involved in the performance of services. 18. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Engineer 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 Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Engineer pursuant to this Agreement. Engineer 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 Engineer receives a request to release data, Engineer must immediately notify City. City will give Engineer instructions concerning the release of the data to the requesting party before the data is released. Engineer agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Engineer's officers', agents', partners', employees', volunteers', assignees', or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 19. TERMINATION. This Agreement may be terminated by City on thirty(30)days' written notice delivered to Engineer at the address on file with the City. Upon termination under this provision if there is no fault of the Engineer, the Engineer shall be paid for services rendered 224345v1 and reimbursable expenses until the effective date of termination. 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. 20. 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, marital status, status with regard to public assistance, disability, sexual orientation or age. The Engineer shall post in places available to employees and applicants for employment, notices setting forth the provision 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. The Engineer further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 21. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 22. SERVICES NOT PROVIDED FOR Claims for services furnished by the Engineer not specifically provided for herein shall not be honored by the City. 23. SEVERABILITY. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 24. CONFLICTS. No officer or salaried employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. NOTICES.Any notice required under this Agreement will be in writing,addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 26. WAIVER. A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 27. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 224345v1 Dated: , 20 CITY: CITY OF FARMINGTON By: Joshua Hoyt Mayor By: Lynn Gorski City Administrator Dated: , 20 ENGINEER: By: [print name] Its [title] 224345v1 EXHIBIT "A" SCOPE OF SERVICES 224345v1 EXHIBIT `B" SCHEDULE OF PAYMENT AND FEE SCHEDULE 224345v1