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HomeMy WebLinkAbout#15 - Bolton & Menk Agreement STAFF REPORT DATE: 1/2/2024 Consent TO: Lake Elmo City Council FROM: Clark Schroeder Interim City Administrator AGENDA ITEM: Bolton and Menk service contact REVIEWED BY: Clark Schroeder BACKGROUND: Since the planning department is down two city staff members, Bolton and Menk, a company which specializes in in public infrastructure and planning, has been helping the city with planning services. ISSUE BEFORE COUNCI : Should the Council approve the agreement with Bolton and Menk to provide interim planning services? PROPOSAL DETAILS/ANALYSIS: A copy of Bolton and Menk’s proposal is included in your packet for your consideration. The B&M team is led by Jenni Faulkner as our primary contact. Nathan Fuerst, Jeff Matzke, and TJ Hofer round out the team available for Lake Elmo. FISCAL IMPACT: The rates for 2024 are as follows: As we have done in the past, we will only bill applicants for the time beyond the application fee. So unless there is significant council directed work, most of the cost of the consultants will either be offset by application fees, or escrow reimbursements. OPTIONS: 1) Approve the service agreement with Bolton and Menk 2) Amend and then approve the service agreement. 3) Direst staff to obtain more proposals. RECOMMENDATION: Staff is recommending that the City Council enter a service contract with Bolton and Menk. Motion to approve the professional services agreement with Bolton and Menk ATTACHMENTS: Professional services agreement and proposal. AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this “Agreement”), made this ____ day of _______________, 2024, by and between the City of Lake Elmo, a Minnesota municipal corporation with its principal office located at 3880 Laverne Ave N., Lake Elmo, Minnesota 55042 (the “City”), and Bolton & Menk, Inc., a Minnesota corporation with its principal office located at 1960 Premier Drive, Mankato, MN 56001-5900 (“Contractor”). I. SERVICES TO BE PROVIDED. Contractor will provide planning services to the City. The services will primarily consist of: 1. Attend in person meetings with applicants and city staff as needed; 2. Establish and attend weekly remote check-in meetings with the City; 3. Attend all City development review meetings, Planning Commission meetings, City Council meetings, and other meetings as requested by the City. Attendance shall be in person unless remote attendance is otherwise approved by the City; 4. Review land use applications as directed by the City Administrator or designee including but not limited to plats, PUDs, comprehensive plan amendments, zoning map amendments and other major subdivision applications; 5. Preparation of staff reports and presentations to the Planning Commission and City Council with respect to all of the City’s land use applications as noted above; 6. Preparation of public hearing notices for land use applications; 7. Assist with the preparation of development agreements; and 8. Any other planning services that are requested by the City. Said Services shall be provided as described in Contractor’s proposal attached as Exhibit A (collectively, the “Services”). All Services provided by Contractor under this Agreement shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professional consultants currently providing similar services. II. COST OF SERVICES. A. Contractor shall perform the Services outlined in this Agreement and its proposal at the rates set forth in Exhibit A. Contractor shall invoice the City on a monthly basis for the Services performed by Contractor. The invoice must include the number of hours and a description of the Services performed by Contractor. Payment to Contractor by the City shall be due within 30 days of the date of the invoice. B. The City shall not be responsible for payment for any additional costs or work performed by Contractor that are outside the scope of this Agreement that are not expressly pre- approved by the City. III. CITY’S REPONSIBLITIES. A. Upon request, the City shall provide Contractor with all available relevant materials pertaining to completion of the Services. B. Attend weekly check-in meetings. C. Provide the Contractor VPN remote access to City files and relevant software. IV. TERM AND TERMINATION OF AGREEMENT. The term of this Agreement shall commence, and Contractor shall commence performing the Services on January 2, 2024. This Agreement shall terminate on December 31, 2024. This Agreement may be terminated earlier by either party by giving 30 days’ written notice to the other party. Upon termination, Contractor shall be paid by the City for all Services rendered by Contractor and all other pre-approved costs incurred by Contractor as of the date of the termination for which Contractor has not yet been compensated. V. INDEPENDENT CONTRACTOR. All Services provided pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose. Any and all officers, employees, subcontractors, and agents of Contractor, or any other person engaged by Contractor in the performance of the Services pursuant to this Agreement, shall not be considered employees of the City. Any and all actions which arise as a consequence of any act or omission on the part of Contractor, its employees, subcontractors, or agents, or other persons engaged by Contractor in the performance of Services pursuant to this Agreement, shall not be the obligation or responsibility of the City. Contractor, its employees, subcontractors, or agents shall not be entitled to any of the rights, privileges, or benefits of the City’s employees, except as otherwise stated in this Agreement. VI. INDEMNIFICATION. Contractor, and subcontractors of Contractor, shall indemnify, defend, and hold harmless the City and its officials, employees, contractors and agents from claims, losses, liabilities, and expenses (including reasonable attorneys’ fees and expenses of litigation) caused by any negligent act or omission by Contractor, engaged by Contractor in the performance of the Services pursuant to this Agreement. Likewise, the City agrees that it will indemnify, defend, and hold harmless the Contractor, and its employees, subcontractors, and agents of Contractor against any and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees and expenses of litigation), which the Contractor may hereafter sustain, incur, or be required to pay arising out of the actions of the City pursuant to this Agreement. VII. INSURANCE. Contractor agrees to maintain, at its expense, statutory workers’ compensation insurance coverage. Contractor also agrees to maintain, at its expense, general liability insurance coverage insuring Contractor against claims for bodily injury, death, or property damage arising out of Contractor’s general business activities (including automobile use). The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $1,500,000. Upon request of the City, Contractor shall provide the City with certificates of insurance, showing evidence of the required coverage and listing the City as an additional insured. VIII. MISCELLANEOUS PROVISIONS. A. Entire Agreement. This Agreement shall constitute the entire agreement between the City and Contractor and supersedes any other written or oral agreements between the City and Contractor. This Agreement can only be modified in writing signed by the City and Contractor. B. Data Practices Act Compliance. Data provided, produced, or obtained under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor will immediately report to the City any requests from third parties for information relating to this Agreement. Contractor agrees to promptly respond to inquiries from the City concerning data requests. C. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of Minnesota. Any disputes, controversies, or claims arising under this Agreement shall be heard in the state or federal courts of Minnesota and the parties waive any objections to jurisdiction. D. No Assignment. This Agreement may not be assigned by either party. E. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state, and local laws, rules, ordinances, and regulations in performing the Services under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates indicated below. CITY OF LAKE ELMO By: _____________________________ Charles Cadenhead Its: Mayor By: _____________________________ Julie Johnson Its: City Clerk BOLTON & MENK, INC. By: ____________________________ Its: ____________________________ EXHIBIT A Contractor’s Proposal \\burnsville4\n\Proposals\Lake Elmo\2024 Planning Services\Bolton Menk Submittal_City of Lake Elmo_Planning Services.docx December 19, 2023 Clark Schroeder, Interim City Administrator City of Lake Elmo 3880 Laverne Avenue North Lake Elmo, MN 55042 RE: Proposal for Continued Planning Assistance Dear Mr. Schroeder: The City of Lake Elmo has been under contract with Bolton & Menk for planning services for calendar year 2023 to provide high-quality development review and consistent customer service. The contract was intended to provide a bridge until planning staff were hired by the city. To date, there remains a need for planning services as key city positions responsible for development review have yet to be filled. Bolton & Menk, Inc. has the experience and qualifications to continue to provide quality professional planning services. As a company, we have continued to expand our planning services and team. We understand what needs to be accomplished for successful planning and development services. Planning Team The Bolton & Menk team is intended to serve as an extension of city staff, with close coordination between the city and team maintained at all times. The proposed team provides the optimum combination of accessibility, community knowledge, and specialized expertise. Our goal is to make sure your projects are reviewed in a timely and professional manner. Bolton & Menk will serve the City of Lake Elmo using a team approach. The Planning team is led by Jenni Faulkner. Jenni will continue to serve as your primary contact and be responsible for all activities performed on behalf of the City of Lake Elmo. This approach ensures consistency across all planning services provided—the city only has to look to one place for answers or information. Jenni is supported by a team of professionals with a depth of planning experience, including Nathan Fuerst, Jeff Matzke, and TJ Hofer. Combined, this team has over 60 years of planning experience. Nathan has been engaged and providing planning services to the City for the past six months. His knowledge and experience have become an asset to the City. Bolton & Menk’s multidisciplinary approach means we can answer a lot of questions with a quick trip down the hall. If specific technical questions arise during the process, we can answer them, usually without outside consultation or additional cost. In addition to extensive planning experience, our firm has expertise in civil engineering, surveying, landscape architecture, community development, GIS, funding and grant writing, graphic design, communication, historic and cultural resources, environmental services, and many other related areas. Work Plan Development Review Services You have asked that we be responsible for reviewing land use applications. Our team has extensive experience in processing a variety of land use applications from the simple to the very complex including subdivisions, PUD’s, ordinance amendments, and Comprehensive Plan updates. Based on our experience Lake Elmo Planning Services December 11, 2023 Page: 2 providing planning services, we recommend a regularly scheduled weekly meeting to stay in communication. This will ensure issues are addressed, and we are working as a team and aware of changing issues and deadlines. We have established a team that can be flexible as the city needs evolve. • Jenni Faulkner will serve as project manager and provide direct planning services as needed. Jenni will provide oversight of the development review process and general project support. Jenni can continue to work on the projects she has been involved with for continuity. • Nathan Fuerst will be your primary city planner and provide development review and general project support. Nathan will meet with applicants, review land-use applications, prepare staff reports and make presentations to the Planning Commission. He will be available for Tuesday afternoon office hours, attend in-person Development Review Meetings, and be available during the workday remotely or in person for meetings as needed. Nathan is available to attend the Planning Commission and City Council meetings. • Jeff Matzke will be a back-up planner to Nathan and can also provide development review services and attend meetings as needed. He will work primarily behind the scenes assisting Nathan. • TJ Hofer will also be available on an as needed basis. TJ is also available to assist with items behind the scenes. TJ is a planner that served as an intern for the city a few years ago. AUAR/EIS/EAW/Other Projects These projects are specialized and usually have a specific timeframe for completion. Examples of these projects include environmental reviews, master plans, small area studies, complete zoning ordinance rewrites or other special planning studies. We will work with the city to define a scope of services and budget, as they come up. Fee Estimate 2024 Rates for our key personnel are as follows: Employee Hourly Rate Jenni Faulkner, Senior Planner $199 per hour Nathan Fuerst, Planner II $159 per hour Jeff Matzke, Senior Planner $187 per hour TJ Hofer, Planner II $142 per hour We appreciate the opportunity to work with you and are confident we will successfully assist the City in its planning needs. Please contact me at 612-378-2634 or jenni.faulkner@bolton-menk.com you have any questions regarding our proposal. Respectfully submitted, Bolton & Menk, Inc. Jenni Faulkner Senior Planner