HomeMy WebLinkAboutItem 06.je
February 25, 2014 Item No.
AUTHORIZE THE PLANNING COMPANY TO COMPLETE
LAKEVILLE PARKS, TRAILS AND OPEN SPACE PLAN UPDATE
Proposed Action
Staff recommends adoption of the following motion: Move to authorize The Planning
Company to complete five -year update of the Lakeville Parks. Trails and Open Space Plan
Ove.--viiew
Dan Licht, representing The Planning Company (TPC) has submitted a proposal to complete a
five -year comprehensive update and review of the Lakeville Parks, Trails and Open Space
Plan. Having this important information will assist us in short and Iona -term facility planning
and associated funding to meet the future needs of our community. The existing document
framework has worked well to auide us in meeting parks and recreational needs through very
active growth years. The City of Lakeville has updated its Parks, Trails and Open Space Plan
every five years since the early seventies. Dan Licht has completed three previous five -year
updates with the most recent one completed in 2006.
The Planning Company has submitted a detailed work program and a budget of $7,000 to
complete the update which would be funded by the Park Dedication Fund. The amount is
based on current hourly fees approved by Council through the current TPC Consulting
Contract and is a time and materials proposal, not to exceed $7,000, not including attendance
at public meetings and /or any printing costs.
Primary Issues to Consider
• TPC is qualified to complete a five -year update of the Parks, Trails and Open Space
Plan because, as stated above, TPC has completed the three previous system plan
updates, making them familiar with the process and staff expectations
Supporting Information
• Agreement for Planning & Professional Services dated January 21, 2014
Brett Altergott
Parks & Recreation ' ector
Financial Impact: $7,000 Budgeted: Y/N Source: Park Dedication Fund
Related Documents (CIP, ERP, etc.):
Notes:
AGREEMENT FOR PROFESSIONAL PLANNING SERVICES
THIS AGREEMENT, dated 21 January 2014 and entered into by and between the CITY
OF LAKEVILLE, DAKOTA COUNTY, MINNESOTA, hereinafter referred to as the
"Municipality" and THE PLANNING COMPANY LLC, hereinafter referred to as the
"Consultant ".
WITNESSETH:
ARTICLE 1. AREA OF SERVICE
That the Municipality does hereby agree to employ the Consultant to render
professional technical planning assistance services to the extent and kind described in
Article 2 below in and for the City of Lakeville, Minnesota.
ARTICLE 2. SERVICES OF THE CONSULTANT
The Consultant hereby agrees to render the professional services as follows:
A. Provide assistance and consultation to the Municipality as to a general update of
the 2006 Comprehensive Parks, Trails and Open Space Plan rendered on an as
needed basis to be determined by the Municipality in accordance with the
memorandum prepared by the Consultant dated 8 January 2014.
B. The Consultant will prepare written reports, complete with planning
considerations as directed by the Municipality.
C. The Consultant shall attend advisory committee, and /or City Council Meetings or
other special public meetings as directed by the Municipality.
D. The Consultant shall maintain and store files, maps and graphics of projects in
which it has or is currently involved in until such time as the City requests the
relinquishing of these materials. Upon request by the Municipality, the
Consultant shall return all such files, maps and graphics, whether in paper form
or stored on other media, to the Municipality at no cost to the Municipality.
E. Any services performed under this Article will be billed on a monthly basis as per
Article 4 of this Agreement.
City of Lakeville
Page 2
ARTICLE 3. SERVICES OF THE MUNICIPALITY
The Municipality hereby agrees to furnish to or make available for examination or use
by the Consultant, without charge, the following:
A. Agendas for all advisory committee and /or City Council meetings when
attendance of the Consultant is required within a reasonable time to allow for
review of each item on the agenda.
B. All materials, documents and information, as determined by the Consultant, that
are necessary for the services to be performed.
C. Coordinate public meeting locations, dates and times pertaining to completion of
the project.
D. Produce copies and distribute information, memoranda, reports or documents to
officials, staff and all interested groups.
ARTICLE 4. PAYMENT
The Municipality hereby agrees to pay the Consultant for professional services included
in Article 2 of this Agreement as follows:
A. The work described in Articles 2.A and 2.13 of this Agreement will be charged to
the Municipality on a time and materials basis and computed in accordance with
the rate schedule included in Article 7 of this Agreement for a cost not to exceed
seven thousand ($7,000) dollars.
B. All meetings, as stated in Article 2.0 of this Agreement shall be payable at a fixed
rate of three hundred fifty dollars ($250) per meeting.
C. The Consultant shall submit a statement of services rendered under Article 2 of
this Agreement on a monthly basis payable by the Municipality upon receipt of an
invoice showing work completed.
D. If the Municipality finds it necessary to abandon requested work, the Municipality
shall notify the Consultant in writing and the Consultant shall be compensated for
all work completed and materials expended.
City of Lakeville
Page 3
ARTICLE 5. OTHER PARTIES
A. The Consultant shall refrain from undertaking projects for public or private clients
that may represent a conflict with the City's interests. Prior to the Consultant
undertaking any work which holds such potential, the City shall have the right to
approve or veto this activity.
B. It is mutually agreed that this Agreement is not transferable by either party to a
third party without the written consent of the other.
C. The Consultant's reports and other materials prepared in the performance of this
Agreement are instruments of services and remain the property of the
Municipality. However, any further distribution of these reports by the
Municipality must note the Consultant as the source.
ARTICLE 6. TERMINATION
A. This Agreement may be terminated by either party delivering to the other party
written notice of termination in which case this Agreement shall be deemed
terminated as of 9:00 AM on the thirtieth (30th) day following receipt of said
written notice.
B. In the event of termination by the Municipality, the Municipality shall pay the
Consultant for work completed prior to the termination date on a time plus
materials basis, such payment to be made within thirty (30) days after receipt of
Municipality of a final invoice showing work completed. All materials shall be
retained by the Consultant until all payments due from the Municipality have
been received by the Consultant.
C. In the event of termination by the Consultant, the Consultant shall forward to the
Municipality on or prior to the termination date any unearned fees or retainers
held by the Consultant shall be returned to the Municipality within thirty (30) days
of termination date.
D. This Agreement shall be effective as of 21 January 2014 upon execution by both
parties hereto and this Agreement shall supersede any previous agreement
established between both parties related to the project.
City of Lakeville
Page 4
ARTICLE 7. CONSULTANT RATE SCHEDULE (effective 1 January 2014)
Principals ................................ ............................... $125.00 per hour
Outside Consultants ............... ............................... Per job basis
Supplies ................................. ............................... Actual cost + 15%
Mileage ................................... ............................... Per mile rate as
established by the IRS
ARTICLE 8. MISCELLANIOUS
A. In providing services hereunder, CONSULTANT shall abide by all statutes,
ordinances, rules and regulations pertaining to the provisions of services to be
provided.
B. CONSULTANT shall indemnify and hold harmless the Municipality, its officers,
agents, and employees, of and from any and all claims, demands, actions, causes
of action, including costs and attorney's fees, arising out of or by reason of the
execution or performance of the work or services provided for herein and further
agrees to defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising
hereunder.
C. CONSULTANT shall defend actions or claims charging infringement of any
copyright or patent by reason of the use or adoption of any designs, drawings or
specifications supplied by it, and CONSULTANT shall hold harmless the
Municipality from loss or damage resulting therefrom.
D. Insurance:
1. CONSULTANT shall secure and maintain such insurance as will protect
CONSULTANT from claims under automobile liability, and from claims for
bodily injury, death, or property damage which may arise from the
performance of services under this Agreement. Such insurance shall be
written for amounts not less than:
a. General Liability: $1,000,000 each occurrence /aggregate
b. Excess Liability: $2,000,000 each occurrence /aggregate
City of Lakeville
Page 5
C. The Municipality shall be named as an additional insured on the
general liability policies.
2. CONSULTANT shall secure and maintain a professional liability insurance
policy. Said policy shall insure payment of damages for legal liability arising
out of the performance of professional services for the Municipality, in the
insured's capacity as consultant, if such legal liability is caused by a
negligent act, error or omission of the insured or any person or organization
for which the insured is legally liable. Said policy shall provide minimum
limits of $1,000,000 with a deductible maximum of $125,000 unless the
Municipality agrees to a high deductible.
3. Before commencing work CONSULTANT shall provide the Municipality a
certificate of insurance evidencing the required insurance coverage in a form
acceptable to Municipality. The certificate shall provide that such insurance
cannot be cancelled until thirty (30) days after the Municipality has received
written notice of the insurer's intention of cancel this insurance.
E. The Municipality hereby retains CONSULTANT as an independent contractor upon
the terms and conditions set forth in this Agreement. CONSULT ANT is not an
employee of the Municipality and is free to contract with other entities as provided
herein. CONSULTANT shall be responsible for selecting the means and methods
of performing the work. CONSULTANT shall furnish any and all supplies,
equipment, and incidentals necessary for CONSULTANT's performance under this
Agreement. Municipality and CONSULTANT agree that CONSULTANT shall not at
any time or in any manner represent that CONSULTANT or any of
CONSULTANT's agents or employees are in any manner agents or employees of
the Municipality. CONSULTANT shall be exclusively responsible under this
Agreement for CONSULTANT's own FICA payments, workers compensation
payments, unemployment compensation payments, withholding amounts, and /or
self - employment taxes if any such payments, amounts, or taxes are required to be
paid by law or regulation.
F. All data created, collected, received, maintained or disseminated for any purpose
in the course of this Contract is governed by the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state
rules adopted to implement the act, as well as federal regulations on data
privacy.
City of Lakeville
Page 6
CONDITIONS HEREIN AGREED TO:
THE PLANNING COMPANY LLC
m
D. Daniel Licht
Chief Manager
CITY OF LAKEVILLE, MINNESOTA
Matt Little, Mayor
Charlene Friedges, City Clerk
21 January 2014
Date
Date
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCTPC0P1anningCo.com
MEMORANDUM
TO: Brett Altergott
FROM: D. Daniel Licht, AICP
DATE: 8 January 2014
RE: Lakeville — Parks, Trails and Open Space Plan update
TPC FILE: 002
BACKGROUND
The City of Lakeville initiated an update of the 2006 Parks, Trails and Open Space Plan
in October 2011. This update was to be part of the ongoing process the Parks and
Recreation Department has used to review the current Parks, Trails and Open Space
Plan on a five year schedule. The process for updating the Parks, Trails and Open
Space Plan continued through 2012 and resulted in development of a draft document
being recommended by the Parks, Recreation and Natural Resources Committee. The
City Council was discussing at the same time other initiatives and the need for a
community visioning process to bring together the City in determining future goals and
priorities. As such, formal action to adopt the updated Parks, Trails and Open Space
Plan was delayed until that community visioning process was completed and applicable
recommendations or findings of that effort could be incorporated to ensure that the
plans for the City's park and trail system are consistent with community goals. The
Envision Lakeville process has been completed and results presented to the City
Council and its advisory committees. TPC has been requested to provide a work
program for completion of the draft Parks, Trails and Open Space Plan update based on
the Envision Lakeville process and other considerations raised during the review of the
document by the City Council.
WORK PROGRAM
Completion of the draft Parks, Trails and Open Space Plan update will focus on revision
and /or additional consideration of the following topics:
Issues Identification. The issues identification section of the draft document
must be revised to incorporate the results of the Envision Lakeville process as a
reflection of community goals and priorities related to the development and on-
going maintenance of the park and trail system. The issues identification section
will also expand on the issue of the evolution of the park and trail system from
primarily being focused on new development to increasing need to consider long
term sustainability, maintenance and redevelopment. Important in this
discussion is the opportunity to repurpose existing City park facilities as the City's
demographic profile changes and as social trends influence how users interact
and utilize the park and trail system for recreation.
Social Profile. The profile of the community included in the draft Parks, Trails
and Open Space plan is based on 2010 Census data and the population and
household projections adopted as part of the 2008 Comprehensive Land Use
Plan. The Metropolitan Council has issued preliminary population and household
projections as part of their Thrive2040 planning effort; this and additional census
data will be summarized to identify and project trends in Lakeville's demographic
characteristics that will affect the City's sustainability and development goals for
the park and trail system.
Park and Trails Inventory and System Plans. Since the draft Parks, Trails and
Open Space Plan update was developed in late 2011 and early 2012, there has
been considerable increase in development activity in Lakeville. The inventory
section of the draft Parks, Trails and Open Space Plan must be updated to
include subdivision development and facility construction that occurred since
2012. This will involve some minor GIS mapping work and coordination with City
staff on improvements completed in 2012. Completion of the Parks, Trails and
Open Space Plan update also allows an opportunity to integrate discussions of
pending development plans as part of the system plan as it relates to parks and
trails as well as identification of system priorities and timing and to reflect the
Envision Lakeville results.
Implementation. Completing the update of the Parks, Trails and Open Space
Plan update is to include a review of the 2007 capital projects list and existing
Capital Improvement Plan providing for implementation and detailing land
acquisition and facility development needs. The implementation plan also needs
to incorporate the methodology developed for determination of park dedication
requirements as a matter of policy subject to annual review by the City Council
as a budget issue.
SCHEDULE
A time frame of three months to complete the project may be anticipated. We would
expect to begin work immediately upon authorization by the City to be prepared for
initial discussions with the Parks, Recreation and Natural Resources Committee at their
first meeting in February as to proposed modifications to the plan document that had
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been previously been drafted and further discussions regarding the recommendations of
the Envision Lakeville process. Presentation of the 2014 Parks, Trails and Open Space
Plan would be scheduled for City Council consideration in May 2014 following a public
hearing to be held by the Planning Commission and after receiving formal
recommendation on the final document from the Parks, Recreation and Natural
Resources Committee.
BUDGET
TPC would undertake completion of the Parks, Trails and Open Space Plan update on a
time and materials basis pursuant to our existing technical assistance contract with the
City ($125 /hr. and expenses incurred) for a cost not to exceed $7,000, not including
attendance at public meetings and /or any printing costs. We estimate that there will be
the need for up to six public meetings with the Parks, Recreation and Natural
Resources Committee, the Planning Commission and City Council to complete the
project charged at a flat rate of $250 per meeting also pursuant to our existing technical
assistance contract with the City.
CONCLUSION
TPC greatly appreciates your contact regarding finalizing the update of the 2006 Parks,
Trails and Opens Space Plan. And, we look forward to the opportunity to work with you
and the City of Lakeville on completion of this project.
M