HomeMy WebLinkAbout#08 - Professional Services Agreement - Bolton & MenckSTAFF REPORT
DATE: January 3, 2023
CONSENT
AGENDA ITEM: Contracted Planning Services
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
Since the planning department will be without a couple of staff for a period of time while we search for
new hires, I reached out Bolton and Menk to see if they could provide planning services in the interim as
they did in 2021.
ISSUE BEFORE COUNCIL:
Should the Council approve the agreement with Bolton and Menk to provide interim planning services?
PROPOSAL:
A copy of Bolton and Menk’s proposal is included in your packet as an attachment to the professional
services agreement. They are in the process of hiring a new senior level planner who may take over our
work in late February/early March. In the interim they are proposing a team approach with Jenni
Faulkner taking the lead and Rose Schroder presenting at Council meetings. They have a couple of
additional staff to provide support as needed, one of which is a former planning intern with the City of
Lake Elmo.
FISCAL IMPACT:
Rate for 2023 are as follows:
Employee Hourly Rate
Ryan Goodman, Principal Engineer No charge
Jenni Faulkner, Senior Planner $182 per hour
Jane Kansier, Senior Planner $170 per hour
Rose Schroder, Senior Planner $165 per hour
Planner II- tbd $135-$150 per hour
Nathan Fuerst, Planner II $142 per hour
TJ Hofer, Planner I $126 per hour
As we have done in the past, we will only bill applicants for time beyond the application fee. So unless
there is a lot of council driven work, most of the cost of the consultant 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 with Bolton and Menk
3) Direct staff to obtain more proposals
RECOMMENDATION:
Staff is recommending that the City Council enter into a service contract with Bolton and Menk
given their past experience in providing these services to the city.
“Motion to approve the professional services agreement with Bolton and Menk.”
ATTACHMENT:
• Professional Services Agreement
• Bolton and Menk Proposal
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AGREEMENT FOR
PROFESSIONAL SERVICES
This Agreement for Professional Services (this “Agreement”), made this ____ day of
_______________, 2023, by and between the City of Lake Elmo, a Minnesota municipal
corporation with its principal office located at 3880 Laverne Ave N., Suite 100, 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 her 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.
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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 4, 2023. This Agreement shall terminate on December 31, 2023. 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
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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.
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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.
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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: ____________________________
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EXHIBIT A
Contractor’s Proposal
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\\metro-inet.us\LakeElmo\LEShared\City Council\City Council Packets\2023\01-03-23\BMI\Bolton Menk Submittal_City of Lake Elmo_Planning Services.docx
December 22, 2022
Kristina Handt, City Administrator
City of Lake Elmo
3880 Laverne Avenue North, Suite 100
Lake Elmo, MN 55042
RE: Proposal for Planning Assistance
Dear Ms. Handt:
The City of Lake Elmo is seeking planning services to provide high-quality development review and
consistent customer service. Bolton & Menk, Inc. has the experience and qualifications to provide
professional planning services. We successfully provided interim planning services in 2021. 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.
Project Understanding
Lake Elmo is a growing community with several ongoing development projects. New development
requires thoughtful review, and attention to detail and process to ensure it is both successful and complies
with City codes and policies. At the same time, these developments often move at a fast pace, which
requires efficient use of time and resources.
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.
Bolton & Menk will serve the City of Lake Elmo using a team approach. Ryan Goodman will serve as
Principal-in-Charge, and will be responsible for ensuring a high quality of service. The Planning team is
led by Jenni Faulkner. Jenni will 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 will be supported by a team of professionals with a depth of planning experience, including Nathan
Fuerst and TJ Hofer. Together this team has approximately 40 years of planning experience. Jane Kansier
will also be available to assist and support development review behind the scenes.
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.
Lake Elmo Planning Services
December 20, 2022
Page: 2
Work Plan
We have developed a general work plan based on our understanding of the needs of the City. Below is a
brief description of the general plan and individual roles. As we learn and understand the City’s needs, we
can adapt this plan and provide more flexibility.
Development Review Services
You have requested 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
providing planning services, we recommend a regularly scheduled weekly remote meeting to stay in
communication. This will ensure issues are addressed, we are working as a team and aware of changing
issues and deadlines.
• Jenni Faulkner will serve as project manager and temporary lead planner. Jenni will provide
oversight of the development review process and general project support. Jenni will meet with
applicants, review land-use applications, prepare staff reports and make presentations to the
Planning Commission. She will be available during the workday remotely or in person for
meetings as needed. Jenni will attend the Tuesday development review meetings and is available
to attend the Planning Commission meetings on Mondays until we can provide a Planner II that is
available. We are in the process of filling a Planner II position and intend to have that person be
your lead planner and attending all meetings as requested.
• Nathan Fuerst and TJ Hofer are experienced development review planners and will assist with
reviewing applications and meeting with developers as needed. They are both currently
committed with other clients on Monday and Tuesday evenings, but should their availability
change, they may become more directly engaged. Nathan and TJ will be responsible for land use
application review, report preparation, and attending meetings as needed and/or available.
• Rose Schroder is a Senior Planner with extensive experience in development review and will be
available temporarily to present development review applications to the City Council.
• Jane Kansier is retiring from full-time commitments at Bolton and Menk but is staying on to
assist with development review and special projects. We may rely on her as needed to provide
review and report writing for the development review applications.
• Ryan Goodman will attend monthly development reviews upon his availability to provide
additional oversight and services at no cost to the city.
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
2023 Rates for our key personnel are as follows:
Employee Hourly Rate
Ryan Goodman, Principal Engineer No charge
Jenni Faulkner, Senior Planner $182 per hour
Jane Kansier, Senior Planner $170 per hour
Lake Elmo Planning Services
December 20, 2022
Page: 3
Rose Schroder, Senior Planner $165 per hour
Planner II- tbd $135-$150 per hour
Nathan Fuerst, Planner II $142 per hour
TJ Hofer, Planner I $126 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 612-597-7140 or Ryan.Goodman@bolton-menk.com if you have
any questions regarding our proposal.
Respectfully submitted,
Bolton & Menk, Inc.
Ryan J. Goodman, P.E.
Principal Engineer