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HomeMy WebLinkAboutVIII-05 Accept Proposal and Authorize Work - Relocation Services for 1292 North Frontage Road City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director Date: November 4, 2024 Item: Accept Proposal and Authorize Work – Relocation Services for 1292 North Frontage Road Council Action Requested: The Council is requested to authorize a contract with SRF Consulting Group, Inc. for providing relocation services regarding a potential property acquisition of 1292 North Frontage Road. Background Information: The City completed a WTP Siting Study to locate future treatment plants out of residential neighborhoods. For WTP No. 2, the study recommended the site adjacent to the existing Nitrate Removal Treatment Plant, which is located at 1292 North Frontage Road. In addition to the appraisal analysis, it is also important to understand the required lease relocation costs to capture the full cost of acquisition. Two companies were solicited for these services and provided proposals. The two proposals provided are as follows:  SRF Consulting Group, Inc. (SRF) – $15,500  WSB – $30,668 After detailed review of these proposals and consulting with City Attorney Land, SRF was selected to provide relocation services for this project. Financial Impact: The estimated cost of $15,500 for these services will be fully reimbursed by the MPCA Planning and Design Grant. Attachments:  SRF Proposal for Relocation Services VIII-05 SRF 18578.PP October 8, 2024 Korine Land City Attorney City of Hastings Levander Gillen & Miller 1305 Corporate Cetner Drive, Suite 300 Eagan, MN 55121 Subject: Proposal for Relocation Services City of Hastings Dear Korine: Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide relocation services for the City of Hastings (Client). All relocation activities will comply with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended, as well as all state and federal guidelines. Scope of Services We propose to carry out the work (“Scope of Services”), set forth in Attachments A, attached hereto and incorporated into this Agreement. Assumptions We are assuming that there are three business relocations that will need to be vacated due to the project. •Carbone’s (Business) •Realty Place (Business) •Building Owner (Rental Realty business) Schedule We will complete this work within a mutually agreed upon time schedule. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. VIII-05 Korine Land October 8, 2024 City of Hastings Page 2 Based on our understanding of the project and our scope of services, we estimate the cost of our services to be $15,500.00, which includes both time and expenses. Relocation Assistance $ 15,000.00 Expenses (mileage and copies) $ 500.00 Total Estimated Cost $ 15,500.00 Changes in the Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Standard Terms and Conditions This proposal and Scope of Services (Attachment B) for professional services constitute the entire agreement between the City and SRF Consulting Group, Inc. and supersedes all prior written or oral understandings. This agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Acceptance/Notice to Proceed A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. The email address is khelvey@srfconsulting.com. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Ken Helvey Project Director – Real Estate Services KH/ Attachments A – Scope of Services Attachment B - Standard Terms and Conditions VIII-05 Korine Land October 8, 2024 City of Hastings Page 3 Approved (Name) (Signature) Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. VIII-05 ATTACHMENT A - SCOPE OF SERVICES (General) Commercial Relocation 1.SRF will distribute an informational booklet on business relocation assistance and all appropriate forms and data to each business expected to be displaced. At this time, SRF will: •Obtain a signed receipt for the informational statement provided by SRF in accordance with applicable regulations. •Explain the business’s relocation program and the business’s responsibilities to receive benefits. •Explain how to receive various kinds of assistance in finding new locations. •Survey the business’s relocation needs. 2.Upon the City’s initiation of negotiations to acquire the project site, SRF will: •Analyze the existing data to determine the appropriate documentation required and determine the eligibility of the business’s relocation expenses for compensation. •Check the personal property inventory against the acquisition data to verify that each item on the inventory is personal property and eligible for relocation. •Assist the business in determining the more advantageous payment alternative to claim and provide further instructions on how to proceed. 3. SRF will provide the following assistance with Moving Expense Claims: •Assist the business in preparing specifications for work generally eligible for compensation. •Advise, when necessary, on the procedure to obtain required bids. •Act, when appropriate, as an agent, in regard to accepting bids. •Analyze the bids to determine their reasonableness. •Notify the business of the low acceptable bid. •When appropriate, inspect the move of personal property while in progress. Assist the business in assembling all invoices, paid receipts, and other documentation necessary to substantiate its relocation claim. •When necessary, analyze billings to determine their reasonableness. •Assemble the appropriate claim form and documentation for signature and submission for approval. 4. SRF will provide the following assistance with Direct Loss Claims: •Obtain business and contractor approval of the appraisal and moving estimate. •Notify the business to proceed with the sale and provide instructions regarding necessary record keeping. •Assist, when necessary, in the preparation of advertising. •If necessary, determine that the bona fide sale requirements have been met. •Assist the business with preparation of necessary documents, and obtain required certifications of sales receipts, advertising, and so forth. 5. SRF will provide the following assistance with Fixed Payment Claims: •Determine the eligibility of the business to receive this alternate payment. •Review and analyze IRS or other appropriate documents to determine the limit of the payment. •Assemble the appropriate claim forms and documentation for signature and submission for approval. VIII-05 6.Other: •SRF shall prepare, at the City’s request, the required and proper formats to be used by the City in notifying occupants being displaced about their relocation eligibility and benefits to which they may be entitled. SRF will also, at the City’s request, assist them in the preparation of the required notices to vacate for delivery to the residents. •SRF shall search for replacement sites for the business being displaced and refer available suitable sites found for each business. SRF shall spend appropriate and necessary time searching for such referrals, documenting all the time expended. SRF does not guarantee that suitable referrals will be found. 7.Recommendations: •SRF will transmit to the city the relocation claim(s) for its action. Recommendations will include the amount of payment to be made and any special considerations. 8.In completing this project, SRF does not assume responsibility for: •Accounting and record keeping (except as related to the specific claim). •Payment for direct loss appraisals, appraisals of salvage value, property analyses, and moving cost estimates and/or bids. •Work associated with a relocation grievance and/or court preparation. •Site searching in excess of four hours per business of SRF’s time. •Appraisals - Fixture or Real Property. •Minimum Compensation Analysis. VIII-05 Page 1 of 2 (Standard Terms and Conditions) Rev: February 25, 2020 ATTACHMENT BSTANDARD TERMS AND CONDITIONS The Standard Terms and Conditions together with the attached Proposal for Professional Services constitute the entire Agreement between the CLIENT and SRF Consulting Group, Inc. (“SRF”) and supersede all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 1.STANDARD OF CARE a.The standard of care for all professional services performed or furnished by SRF under this Agreement will be the care and skill ordinarily used by members of SRF’s profession practicing under similar circumstances at the same time and in the same locality. SRF makes no warranties, expressed orimplied, under the Agreement or otherwise, in connection with SRF’s service. b.The CLIENT shall be responsible for, and SRF may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data,and other information furnished by CLIENT to SRF pursuant to this Agreement. SRF may use such requirements, reports, data, and information inperforming or furnishing services under this Agreement. 2.INDEPENDENT CONTRACTOR All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and SRF and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or SRF. SRF’s services under this Agreement are being performed solely for the CLIENT’s benefit, and no other entity shall have any claims against SRF because of this Agreement or the performance or nonperformance of services hereunder. 3.PAYMENT TO SRF Invoices will be prepared in accordance with SRF’s standard invoicing practices and will be submitted to the CLIENT by SRF monthly, unless otherwise agreed. Invoices are due and payable within thirty-five (35) days of receipt. If the CLIENT fails to make any payment due SRF for services and expenses within forty-five (45)days after receipt of SRF’s invoice thereafter, the amounts due SRF will be increased at the rate of 1-1/2% per month (or the maximum rate of interestpermitted by law, if less). In addition, SRF may, after giving seven days written notice to the CLIENT, suspend services under this Agreement until SRF hasbeen paid in full of amounts due for services, expenses, and other related charges. 4.OPINION OF PROBABLE CONSTRUCTION COST Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the general guidance of the CLIENT. Since SRF has no control over the cost of labor, materials, market condition, or competitive bidding, SRF does not guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cost to the CLIENT. 5.INSURANCE SRF will maintain insurance coverage for Workers’ Compensation, General Liability, Automobile Liability and Professional Liability and will provide certificates of insurance to the CLIENT upon request. 6.INDEMNIFICATION AND ALLOCATION OF RISK To the fullest extent permitted by law, SRF agrees to indemnify and hold harmless the CLIENT, their officers, directors and employees against all damages, liabilities or costs (including reasonable attorneys’ fees and defense costs) to the extent caused by SRF’s negligent acts under this Agreement and that of its subconsultants or anyone for whom SRF is legally liable. 7.TERMINATION OF AGREEMENT Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, the CLIENT shall pay to SRF all amounts owing to SRF under this Agreement, for all work performed up to the effective date of termination. 8.OWNERSHIP AND REUSE OF DOCUMENTS All documents prepared or furnished by SRF pursuant to this Agreement are instruments of service, and SRF shall retain an ownership and property interest therein. Reuse of any such documents by the CLIENT shall be at CLIENT’s sole risk; and the CLIENT agrees to indemnify, and hold SRF harmless from all claims, damages, and expenses including attorney’s fees arising out of such reuse of documents by the CLIENT or by others acting through the CLIENT. 9.USE OF ELECTRONIC MEDIA a.Copies of Documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed bySRF. Files in electronic media format of text, data, graphics, or of other types that are furnished by SRF to the CLIENT are only for convenience of theCLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. VIII-05 Page 2 of 2 (Standard Terms and Conditions) Rev: February 25, 2020 b.When transferring documents in electronic media format, SRF makes no representations as to long-term compatibility, usability, or readability ofdocuments resulting from the use of software application packages, operating systems, or computer hardware differing from those used by SRF at thebeginning of this Assignment. c.If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. d.Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of this data’s creator, theparty receiving electronic files agrees that it will perform acceptance tests or procedures within sixty (60) days, after which the receiving party shall bedeemed to have accepted the data thus transferred. Any errors detected within the sixty (60) day acceptance period will be corrected by the partydelivering the electronic files. SRF shall not be responsible to maintain documents stored in electronic media format after acceptance by the CLIENT. 10.FORCE MAJEURE SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond SRF’s reasonable control. 11.ASSIGNMENT Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 12.BINDING EFFECT This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 13.SEVERABILITY AND WAIVER OF PROVISIONS Any provisions or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the CLIENT and SRF, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 14.SURVIVAL All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions, Indemnification and Allocation of Risk, and Dispute Resolution shall remain in effect. 15.DISPUTE RESOLUTION CLIENT and SRF agree to use their best efforts to resolve amicably any dispute. In the event that a dispute cannot be resolved, upon the joint concurrence of the parties to the selection of a mediator, the dispute will be submitted to mediation. 16.CONTROLLING LAW The laws of the state of Minnesota govern this Agreement. Legal proceedings, if any, shall be brought in a court of competent jurisdiction in the county where the Project is located. 17.SITE SAFETY SRF shall not at any time supervise, direct, control or have authority over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety and security precautions and programs in connection with the work performed by any Contractor for the Project, nor for any failure of any Contractor to comply with laws and regulations applicable to such Contractor’s work, since these are solely the Contractor’s rights and responsibilities. SRF shall not be responsible for the acts or omissions of any Contractor or Owner, or any of their agents or employees, or of any other persons (except SRF’s own employees and consultants), furnishing or performing any work for the Project, except as specifically outlined in SRF’s scope of services. 18.GOVERNMENT DATA PRACTICES AND INTELLECTUAL PROPERTY RIGHTS. SRF shall comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to: (1) all data provided by the Client pursuant to this Agreement; and (2) all data, created, collected, received, stored, used, maintained, or disseminated by SRF pursuant to this Agreement. SRF 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 SRF receives a request to release data, SRF will immediately notify the Client. The Client will give SRF instructions concerning the release of the data to the requesting party before the data is released. VIII-05