HomeMy WebLinkAboutItem 06.jApril 28, 2010
Item No.
MAY 3, 2010 CITY COUNCIL MEETING
AGREEMENTS FOR PROFESSIONAL PLANNING SERVICES WITH NAC AND TPC
Proposed Action
Planning Department staff recommends adoption of the following motion: Move to approve
Agreements for Professional Planning Services with Northwest Associated Consultants (NAC) and
The Planning Company (TPC).
Adoption of this motion will result in a new agreement with NAC for profession planning services that
eliminates the monthly retainer and the establishment of an agreement with TPC for profession
planning services.
Overview
The City currently has an Agreement for Professional Planning Services with NAC for general
planning consultant services. This agreement has a $1,000 monthly retainer that includes
attendance at up to two City meetings per month and response to City staff inquiries regarding
general planning and zoning matters for up to six hours per month. Daniel Licht was the primary
consulting planner from NAC for general planning consultant services. On March 1, 2010 Mr. Licht
separated from employment with NAC. Mr. Licht has subsequently formed The Planning Company,
LLC. Entering into an Agreement for Professional Planning Services with TPC will allow the City the
ability to maintain the option of utilizing Mr. Licht for general planning consultant services, as we
have for the past 10 years.
On March 15, 2010 the City Council terminated the Agreement for Professional Planning Services
with NAC for the Zoning Ordinance Update and approved an Agreement for Professional Planning
Services with TPC for completion of the Zoning Ordinance Update.
Planning Department staff recommends approval of the attached agreements.
Primary Issues to Consider
How will this action affect day-to-day planning consultant services?
• Modifying the Agreement for Professional Planning Services with NAC and entering into an
Agreement for Professional Planning Services with TPC (Daniel Licht) will give the City flexibility
in terms of planning consultant services and reduce costs by eliminating the monthly retainer.
Supporting Information
• Agreement for Professional Planning Services with NAC.
• Agreement for Professional Planning Services with TPC.
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Daryl orey, PI ing Director
Financial Impact: $12,000 is budgeted in 2010 and 2011 for the existing monthly retainer with NAC
Budgeted: Y/N Y Source: Related Documents (CIP, ERP, etc.): Existing agreement with NAC
Notes:
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 242, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
April 22, 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 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 general planning and consultation 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 after
receipt of a written or verbal work authorization by the City Administrator or Planning
Director.
A. Provide general assistance and consultation to the Municipality, regarding the
Municipality's planning and development, and related functions and activities.
The Consultant will be available to assist and advise the Municipality on the
administration, structure, forms, procedures and processing of development
ordinances and requirements. Services shall be rendered on an as needed basis
to be determined by the Municipality. Any services performed under this Article
will be billed on a monthly basis as per Article 4 of this Agreement.
B. The Consultant will prepare written reports, complete with planning
considerations, concerning Planning Commission agenda items which deal with
rezoning, conditional use permits, variance and subdivision plans, etc. as
directed by the Municipality.
C. The Consultant shall attend staff, advisory committee, and/or City Council
Meetings or other special public meetings as directed by the Municipality.
D. The Consultant shall refrain from undertaking projects for public or private clients
which 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.
City of Lakeville
Page 2
E. 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.
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 Planning Commission 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 and documents applicable to all Planning Commission and/or City
Council agenda items, including those that are required by Ordinance for the
consideration of various applications. These materials and documents shall be
submitted to the Consultant within a reasonable period of time before any
meeting at which time they are to be considered.
C. Materials and documents, as determined by the Consultant, that are necessary
for the services to be performed.
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 public meetings, as stated in Article 2.0 of this Agreement shall be payable at
a fixed rate of two hundred fifty dollars ($250) per meeting.
B. The work described in Articles 2.A and 2.6 will be charged to the Municipality on
a time and materials basis and computed in accordance with the rate schedule
attached hereto.
C. 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.
D. The Consultant shall submit a statement of services rendered under Article 2 on
a monthly basis payable by the Municipality upon receipt of an invoice showing
work completed.
City of Lakeville
Page 3
ARTICLE 5. 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.
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 May 3, 2010 upon execution by both
parties hereto and this Agreement shall supersede any previous agreement
established between both parties.
City of Lakeville
Page 4
ARTICLE 7. MISCELLANEOUS
A. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations
pertaining to the provisions of services to be provided.
B. INDEMNIFICATION. 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. COPYRIGHT. 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. Consultant shall secure and maintain such insurance as will protect
Consultant from claims under the Worker's Compensation Acts, 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:
Commercial General Liability $1,000,000 each occurrence/aggregate
Excess/Umbrella Liability $2,000,000 each occurrence/aggregate
The Municipality shall be named as an additional insured on the general liability and
umbrella policies.
E. INDEPENDENT CONTRACTOR. The Municipality hereby retains Consultant as
an independent contractor upon the terms and conditions set forth in this
Agreement. Consultant 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-
City of Lakeville
Page 5
employment taxes if any such payments, amounts, or taxes are required to be paid
by law or regulation.
F. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services
provided under this Agreement without the express written consent of the
Municipality. Consultant shall comply with Minnesota Statute § 471.425.
Consultant must pay subcontractor for all undisputed services provided by
subcontractor within ten days of Consultant's receipt of payment from
Municipality. Consultant 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.
CONDITIONS HEREIN AGREED TO:
NORTHWEST ASSOCIATED CONSULTANTS, INC.
Alan R. Brixius, Principal
CITY OF LAKEVILLE, MINNESOTA
Holly Dahl, Mayor
Charlene Friedges, City Clerk
Please Sign and Return One Copy
April 22, 2010
Date
Date
Date
City of Lakeville
Page 6
NORTHWEST ASSOCIATED CONSULTANTS, INC.
RATE SCHEDULE
Effective May 3, 2010
Staff Member Rate Per Hour
Principals/Directors............................................. $120.00 to $150.00
Associates............................................................. $90.00 to $135.00
Senior Analyst.......................................................
Senior Landscape Architect ...................................
Senior Planner....................................................... $75.00 to $135.00
Senior Urban Designer ..........................................
Senior Public Administration Specialist .................
Analyst...................................................................
GIS Specialist.........................................................
Landscape Architect ..............................................
Planner.................................................................. $40.00 to $85.00
Urban Designer .....................................................
Public Administration Specialist ............................
Aide.......................................................................
Technician............................................................. $25.00 to $50.00
Secretary...............................................................
Outside Consultants .............................................. Per Job Basis
Supplies................................................................ Actual Cost + 15%
Mileage.................................................................. Current IRS Rate
Expert Testimony ................................................... Hourly Rate
I
AGREEMENT FOR PROFESSIONAL PLANNING SERVICES
THIS AGREEMENT, dated 3 May 2010 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 and development 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 after
receipt of a written or verbal work authorization by the City Administrator or Planning
Director.
A. Provide general assistance and consultation to the Municipality, regarding the
Municipality's planning and development, and related functions and activities.
The Consultant will be available to assist and advise the Municipality on the
administration, structure, forms, procedures and processing of development
ordinances and requirements. Services shall be rendered on an as needed basis
to be determined by the Municipality.
B. The Consultant will prepare written reports, complete with planning
considerations, concerning Planning Commission agenda items which deal with
rezoning, conditional use permits, variance and subdivision plans, etc. as
directed by the Municipality.
C. The Consultant shall attend staff, 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.
City of Lakeville
Page 2
E. Any services performed under this Article will be billed on a monthly basis as per
Article 4 of this Agreement.
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 Planning Commission 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 and documents applicable to all Planning Commission and/or City
Council agenda items, including those that are required by Ordinance for the
consideration of various applications. These materials and documents shall be
submitted to the Consultant within a reasonable period of time before any
meeting at which time they are to be considered.
C. Materials and documents, as determined by the Consultant, that are necessary
for the services to be performed.
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.
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.
City of Lakeville
Page 3
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.
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.
City of Lakeville
Page 4
D. This Agreement shall be effective as of January 1, 2010 upon execution by both
parties hereto and this Agreement shall supersede any previous agreement
established between both parties.
ARTICLE 7. CONSULTANT RATE SCHEDULE (effective 8 Mach 2010)
Principals............................................................... $120.00 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: I
City of Lakeville
Page 5
a. General Liability: $1,000,000 each occurrence/aggregate
b. Excess Liability: $2,000,000 each occurrence/aggregate
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. CONSULTANT 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.
City of Lakeville
Page 6
CONDITIONS HEREIN AGREED TO:
THE PLANNING COMPANY LLC
0
D. Daniel Licht
Managing Director
CITY OF LAKEVILLE, MINNESOTA
Holly Dahl, Mayor
Charlene Friedges, City Clerk
3 May 2010
Date
Date