HomeMy WebLinkAbout#11 - Bolton and Menk Contract Renewal STAFF REPORT
DATE: 12/17/2024
Consent Agenda
TO: City Council
FROM: Jason Stopa, Community Development Director
AGENDA ITEM: Approve Bolton & Menk’s contract renewal for 2025
REVIEWED BY: Nicole Miller, City Administrator
BACKGROUND:
The City of Lake Elmo has been under contract with Bolton & Menk (B&M) for planning services for the
past two years. The original contract was intended to provide a bridge until planning staff were hired by
the city. There remains a need for on-call planning services as the projects Bolton and Menk is working
on are not completed and there may be a need for occasional planning support in the future.
ANALYSIS:
Currently, the department of community development is very busy processing major
subdivisions, PUDs, and in general larger development projects. This work coordinates with
various agencies and city departments. B&M provides much needed support on these projects,
and developers provide an escrow payment to cover B&M’s expenses.
ISSUE BEFORE COUNCIL: Should the city approve a contract renewal with Bolton & Menk for 2025?
FISCAL IMPACT: The contract is included in 2025’s budget. A majority of their billable hours are paid
by developers through escrow.
OPTIONS:
• Approve the contract renewal
• Deny the contract renewal
• Amend the contract renewal
• Table for further information
RECOMMENDATION:
“Motion to approve Bolton and Menk’s contract for 2025”
ATTACHMENTS:
• Contract
• Rate Sheet
Submitted by Bolton & Menk, Inc.
The following fee schedule is based upon
competent, responsible professional services
and is the minimum, below which adequate
professional standards cannot be maintained.
It is, therefore, to the advantage of both
the professional and the client that fees be
commensurate with the service rendered.
Charges are based on hours spent at hourly
rates in effect for the individuals performing
the work. The hourly rates for principals and
members of the staff vary according to skill
and experience. The current specific billing
rate for any individual can be provided upon
request.
The fee schedule shall apply for the period
through December 31, 2025. These rates may
be adjusted annually thereafter to account
for changed labor costs, inflation, or changed
overhead conditions.
These rates include labor, general business,
and other normal and customary expenses
associated with operating a professional
business. For projects with typical expenses
and unless otherwise agreed, the above
rates include vehicle and personal expenses,
mileage, telephone, survey stakes, and
routine expendable supplies; no separate
charges will be made for these activities
and materials. Expenses beyond typical
project expenses, non-routine expenses,
and expenses beyond the agreed scope
of services, such as out of town travel
expenses, long travel distances, large
quantities of prints, extra report copies,
outsourced graphics and photographic
reproductions, document recording fees,
outside professional and technical assistance,
and other items of this general nature will be
invoiced separately. Rates and charges do not
include sales tax, if applicable.1 No separate charges will be made for GPS or robotic total stations on Bolton & Menk, Inc.
survey assignments; the cost of this equipment is included in the rates for survey technicians.
*Specialized role not classified above otherwise, incl. graphic design, project communication,
funding support, etc.
**Highly specialized and industry expertise unique to the market or area of discipline.
2025 MUNICIPAL SCHEDULE OF FEES
Employee Classification 2025 Hourly
Billing
Senior Project Manager $188-235
Project Manager $172-216
Senior Project Engineer $157-183
Project Engineer $145-178
Design Engineer $120-159
Architect $150-270
Senior Planner $145-213
Planner $117-146
Senior Landscape Architect $152-199
Landscape Architect $142-161
Landscape Designer $85-134
Licensed Project Surveyor $178-196
Graduate Surveyor $120-189
Survey Technician $90-196
Senior Technician $130-209
Technician $90-169
Specialist*$90-226
Practice Expert**$173-363
Senior Principal $217-265
Principal $173-230
Administrative/Corporate Specialists $72-118
GPS/Robotic Survey Equipment NO CHARGE
CAD/Computer Usage NO CHARGE
Routine Office Supplies NO CHARGE
Routine Photo Copying/Reproduction NO CHARGE
Field Supplies/Survey Stakes & Equipment NO CHARGE
Mileage NO CHARGE
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 on-call planning services to the City. The services will primarily
consist
of:
1. Attend in person meetings with applicants and city staff as needed;
2. Attend weekly remote check-in meetings with the City during periods when services are
provided;
3. Attend 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
or code 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 attached Schedule of Fees shall apply for services provided through December
31, 2024. Hourly rates may be adjusted by CONSULTANT on an annual basis thereafter to reflect
reasonable changes to its operating costs. Adjusted rates will become effective January 1 each
subsequent year.
C. 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 during periods when services are engaged.
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, 2025. 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
November 4, 20204
Jason Stopa, Community Development Director
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
RE: Proposal for Continued Planning Assistance
Dear Mr. Stopa:
The City of Lake Elmo has been under contract with Bolton & Menk for planning services for the past
two years to provide high-quality development review and customer service. The original contract was
intended to provide a bridge until planning staff were hired by the city. There remains a need for on-call
planning services as the projects Bolton and Menk is working on are not completed and there may be a
need for occasional planning support in the future. Bolton & Menk, Inc. has the experience and
qualifications to continue to provide quality professional planning services. 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 continue to 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, and TJ Hofer. Combined, this team has over 40 years of planning experience. Nathan has been
engaged and providing planning services to the City for the past eighteen 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
Planning Services
You have asked that we be responsible for reviewing land use applications and assisting with various
related planning and zoning applications. Our team has extensive experience in processing a variety of
Lake Elmo Planning Services
November 4, 2024
land use applications from the simple to the very complex including subdivisions, PUD’s, ordinance
amendments, and Comprehensive Plan updates. Based on our experience 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.
• TJ Hofer will also be available on an as needed basis. TJ is 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/Project Manager
$199 per hour
Nathan Fuerst, Senior Planner $165 per hour
TJ Hofer, Planner II $146 per hour
Note that 2025 rates will apply. Those rates will be published in December 2025. We anticipate a
modest increase to cover inflationary costs increases.
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/Project Manager
2024 SCHEDULE OF
FEES
Submitted by Bolton & Menk, Inc.
The following fee schedule is based upon
competent, responsible professional services
and is the minimum, below which adequate
professional standards cannot be maintained.
It is, therefore, to the advantage of both
the professional and the client that fees be
commensurate with the service rendered.
Charges are based on hours spent at hourly
rates in effect for the individuals performing
the work. The hourly rates for principals and
members of the staff vary according to skill
and experience. The current specific billing
rate for any individual can be provided upon
request.
The fee schedule shall apply for the period
through December 31, 2024. These rates may
be adjusted annually thereafter to account
for changed labor costs, inflation, or changed
overhead conditions.
These rates include labor, general business,
and other normal and customary expenses
associated with operating a professional
business. For projects with typical expenses
and unless otherwise agreed, the above
rates include vehicle and personal expenses,
mileage, telephone, survey stakes, and
routine expendable supplies; no separate
charges will be made for these activities
and materials. Expenses beyond typical
project expenses, non-routine expenses,
and expenses beyond the agreed scope
of services, such as out of town travel
expenses, long travel distances, large
quantities of prints, extra report copies,
outsourced graphics and photographic
reproductions, document recording fees,
outside professional and technical assistance,
and other items of this general nature will be
invoiced separately. Rates and charges do not
include sales tax, if applicable.1 No separate charges will be made for GPS or robotic total stations on Bolton & Menk, Inc.
survey assignments; the cost of this equipment is included in the rates for survey technicians.
*Specialized role not classified above otherwise, incl. graphic design, project communication,
funding support, etc.
**Highly specialized and industry expertise unique to the market or area of discipline.
Employee Classification Hourly Billing
Rates
Senior Project Manager $180-261
Project Manager $145-231
Senior Project Engineer $140-216
Project Engineer $130-201
Design Engineer $115-176
Graduate Engineer $120-156
Senior Planner $110-231
Planner $85-161
Senior Landscape Architect $145-216
Landscape Architect $130-161
Landscape Designer $75-134
Licensed Project Surveyor $160-191
Graduate Surveyor $125-191
Survey Technician $80-189
Senior Technician $120-206
Technician $85-176
Specialist*$95-226
Practice Expert**$170-311
Senior Principal $200-320
Principal $165-286
Administrative/Corporate Specialists $50-176
GPS/Robotic Survey Equipment NO CHARGE
CAD/Computer Usage NO CHARGE
Routine Office Supplies NO CHARGE
Routine Photo Copying/Reproduction NO CHARGE
Field Supplies/Survey Stakes & Equipment NO CHARGE
Mileage NO CHARGE
2024 SCHEDULE OF FEES