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Home My WebLink AboutItem 06.mU" March 10, 2010 Item No. MARCH 15, 2010 CITY COUNCIL MEETING AGREEMENTS FOR PROFESSIONAL PLANNING SERVICES FOR THE ZONING ORDINANCE UPDATE Proposed Action Planning Department staff recommends adoption of the following motion: Move to terminate the Agreement for Professional Planning Services with Northwest Associated Consultants (NAC) for the Zoning Ordinance Update and approve the Agreement for Professional Planning Services with The Planning Company, LLC for completion of the Zoning Ordinance Update. Adoption of this motion will result in timely completion of the Zoning Ordinance Update within the approved budget utilizing the services of the consulting planner (Daniel Licht) who has performed the vast majority of the consultant services on the Zoning Ordinance Update. Overview NAC is under contract with the City of Lakeville to assist in the mandatory updating of the City's Zoning and Subdivision ordinances. Daniel Licht has acted as the primary consulting planner from NAC on the project. On March 1, 2010 Mr. Licht separated from employment with NAC. Mr. Licht has subsequently formed The Planning Company, LLC. City staff has discussed the separation with both Mr. Licht and NAC. All parties understand that City staff prefers Mr. Licht complete the Zoning Ordinance Update tasks. Attached is a copy of the Agreement for Professional Planning Services with NAC for the Zoning Ordinance update, dated December 29, 2008, for an amount not to exceed $25,000 that staff is recommending be terminated. Also attached is an Agreement for Professional Planning Services with The Planning Company, LLC for completion of the Zoning Ordinance Update for an amount not to exceed $2,000 plus $250 per meeting that staff is recommending be approved. Primary Issues to Consider How will this action affect completion of the Zoning Ordinance Update? Approving the Agreement for Professional Planning Services with The Planning Company, LLC (Daniel Licht) will allow the Zoning Ordinance Update to be completed in the most effective and efficient manner. Supportina Information • Agreement for Professional Planning Services with NAC for the Zoning Ordinance Update (to be terminated. • Agreement for Professional Planning Services with The Planning Company, LLC for completion of the Zoning Ordinance Update (to be approved. A� U4��— Daryl M ey, Plan i g Director Financial Impact: $25,000 (2009) and $5,000 (2010) is budgeted for the Zoning Ordinance Update Budgeted: Y/N Y Source: Related Documents (CIP, ERP, etc.): Notes: NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com 29 December 2008 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT, entered into by and between the CITY OF LAKEVILLE, DAKOTA COUNTY, MINNESOTA, hereinafter referred to as the "Municipality" and NORTHWEST ASSOCIATED CONSULTANTS, INC., 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 planning services to complete an update of the Municipality's Development Regulations as required by Minnesota Statues 473,864 Subd. 2 to the extent described in Article 2 below. 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 regarding a general update of Zoning, Subdivision and other regulations necessary for the implementation of the 2008 Lakeville Comprehensive Land Use, Plan and other amendments related to issues identified as set forth in the memorandum dated 31 December 2008 prepared by the Consultant, incorporated herein by reference. B. The Consultant will prepare written reports and draft amendments, complete with planning considerations, as directed by the Municipality. C. The Consultant shall attend staff, advisory committee, and/or City Council Meetings or other special public meetings as determined necessary by the Municipality. 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. Make available relevant material pertaining to completion of the project. City of Lakeville 2009 Development Regulation Update Page 2 B. Provide background information and Consultant product review through meetings and interviews with officials, staff and designated citizens and other interest groups described in Article 2. C. Provide GIS mapping information. D. Coordinate public meeting locations, dates and times pertaining to completion of the project. E. Produce copies and distribute information, memoranda, reports or documents to officials, staff and all interested groups. F. Coordinate in posting information relevant to completion of the project to the City's website. ARTICLE 4. PAYMENT The Municipality hereby agrees to pay the Consultant for professional services included in Article 2 of this Agreement as follows: A. All City staff meetings, work sessions and/or public meetings with City advisory committees and/or the City Council necessary for the completion of services outlined in Article 2 of this Agreement shall be payable in accordance with the established Zoning Administration contract between the Consultant and the Municipality. B. On a monthly basis, based upon invoices submitted on a time and expense basis pursuant to the fee schedule described in Article 5 for work completed in accordance with Article 2 of this Agreement to an amount not to exceed twenty-five thousand ($25,000.00) dollars. C. For any work authorized by the City, documented in writing, which is beyond that described in Article 2 of this Agreement, such work shall not be included as part of the maximum dollar limit stated in Article 4.13, but shall be compensated at established billing rates as described in Article 5. 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. I City of Lakeville 2009 Development Regulation Update Page 3 ARTICLE 5. BILLING RATE SCHEDULE EFFECTIVE 1 JANUARY 2009 Staff Member Rate Per Hour Principals (Directors) ............................................. $100.00 to $150.00 Associates............................................................. $75.00 to $150.00 SeniorAnalyst....................................................... Senior Landscape Architect ................................... Senior Planner....................................................... $70.00 to $130.00 Senior Urban Designer .......................................... Senior Public Administration Specialist ................. Analyst................................................................... GIS Specialist......................................................... Landscape Architect .............................................. Planner.................................................................. $40.00 to $90.00 Urban Designer ..................................................... Public Administration Specialist ............................ Aide....................................................................... Technician............................................................. $25.00 to $50.00 Secretary............................................................... Outside Consultants .............................................. Per Job Basis Supplies................................................................ Actual Cost + 15% Mileage.................................................................. Per Mile Rate as established by the IRS Expert Testimony ................................................... Hourly Rate City of Lakeville 2009 Development Regulation Update Page 4 ARTICLE 6. OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either parry to a third party without the written consent of the other. B. 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. C. In the case of lawsuits or legal actions by a third party brought against the Municipality in which the Consultant is named, the Municipality shall assume responsibility and expense for legal defense. ARTICLE 7. 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(la-Wer the termination date on a time plus materials basis, such payment to be made in 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 January 5, 2009 upon execution by both parties hereto and this Agreement shall supersede any previous agreement established between both parties. City of Lakeville 2009 Development Regulation Update Page 5 CONDITIONS HEREIN AGREED TO: NORTHWEST ASSOCIATED CONSULTANTS, INC. 0 M D. Daniel Licht, Senior Planner CITY OF LAKEVILLE, MINNESOTA Dahl, ne Friedges, qfy Clerk 31 December 2008 1�-lef ate ate Please Sign and Return One Copy 15 March 2010 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT, 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 planning services to complete an update of the Municipality's Development Regulations as required by Minnesota Statues 473,864 Subd. 2 to the extent described in Article 2 below. 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 regarding a general update of Zoning, Subdivision and other regulations necessary for the implementation of the 2008 Lakeville Comprehensive Land Use Plan and other amendments. B. The Consultant will prepare written reports and draft amendments, complete with planning considerations, as directed by the Municipality. C. The Consultant shall attend staff, advisory committee, and/or City Council Meetings or other special public meetings as determined necessary by the Municipality. 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. Make available relevant material pertaining to completion of the project. B. Provide background information and Consultant product review through meetings and interviews with officials, staff and designated citizens and, other interest groups described in Article 2. City of Lakeville 2009 Development Regulation Update Page 2 C. Provide GIS mapping information. D. Coordinate public meeting locations, dates and times pertaining to completion of the project. E. Produce copies and distribute information, memoranda, reports or documents to officials, staff and all interested groups. F. Coordinate in posting information relevant to completion of the project to the City's website. ARTICLE 4. PAYMENT The Municipality hereby agrees to pay the Consultant for professional services included in Article 2 of this Agreement as follows: A. All City staff meetings, work sessions and/or public meetings with City advisory committees and/or the City Council necessary for the completion of services outlined in Article 2 of this Agreement shall be payable at a rate of two hundred fifty ($250) dollars per meeting mileage expenses and travel time inclusive. B. On a monthly basis, based upon invoices submitted on a time and expense basis pursuant to the fee schedule described in Article 5 for work completed in accordance with Article 2 of this Agreement to an amount not to exceed two thousand ($2,000) dollars. C. For any work authorized by the City, documented in writing, which is beyond that described in Article 2 of this Agreement, such work shall not be included as part of the maximum dollar limit stated in Article 4.13, but shall be compensated at established billing rates as described in Article 5. 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. I City of Lakeville 2009 Development Regulation Update Page 3 ARTICLE 5. BILLING RATE SCHEDULE EFFECTIVE 8 MARCH 2010 Staff Member Rate Per Hour Principals (Directors) ............................................. $100.00 to $150.00 Associates............................................................. $75.00 to $150.00 SeniorAnalyst....................................................... Senior Landscape Architect ................................... Senior Planner....................................................... $70.00 to $130.00 Senior Urban Designer .......................................... Senior Public Administration Specialist ................. Analyst................................................................... GISSpecialist......................................................... Landscape Architect .............................................. Planner.................................................................. UrbanDesigner ..................................................... Public Administration Specialist ............................ Aide....................................................................... Technician............................................................. Secretary............................................................... Outside Consultants .............................................. Supplies................................................................ Mileage.................................................................. $40.00 to $90.00 $25.00 to $50.00 Per Job Basis Actual Cost + 15% Per Mile Rate as established by the IRS Expert Testimony ................................................... Hourly Rate City of Lakeville 2009 Development Regulation Update Page 4 ARTICLE 6. OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. B. 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. C. In the case of lawsuits or legal actions by a third party brought against the Municipality in which the Consultant is named, the Municipality shall assume responsibility and expense for legal defense. ARTICLE 7. 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 15 March 2010 upon execution by both parties hereto and this Agreement shall supersede any previous agreement established between both parties. City of Lakeville 2009 Development Regulation Update Page 5 CONDITIONS HEREIN AGREED TO: THE PLANNING COMPANY LLC D. Daniel Licht, Principal 15 March 2010 CITY OF LAKEVILLE, MINNESOTA Holly Dahl, Mayor Charlene Friedges, City Clerk Please Sign and Return One Copy Date Date