HomeMy WebLinkAbout2020-3059NORTHWlST ASSOCIATED CONSUl TANTS, INC ..
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
November 11, 2020
Mr. Aaron Chirpach
590 40 th Avenue NE.
Columbia Heights MN.
55421
Re: Columbia Heights Planning Services.
Job No. 802
Dear Aaron,
Thank you for contacting NAC again to provide temporary planning
services to meet Columbia Height's staffing needs until you replace
one of your in-house planning staff. Ryan Grittman, no longer
works for us, however, we do have staff available to meet Columbia
Heights planning work load.
In our phone conversation, you indicated that services needed differ
from the previous 2019 contract, in that you do not need in-house
staff hours. The services needed may include participation in pre
application meetings with perspective developers, development
application review and reports, zoning administration, assigned city
projects and planning commission meeting attendance. All work
would be conducted on an as needed basis as directed by you.
We have this relationship will all of other municipal clients.
Work would be billed on an hourly rate in accordance with the rate
schedule attached to the contract for private development applications.
A discount of approximately fifteen percent (15%) on NAC charge
rates, as reflected on the rate schedule, shall be provided to the City
of Columbia Heights for City initiated work and meeting attendance.
The staff people we would assign to Columbia Heights will be Mr.
Bob Kirmis Senior Planner and Dan Elder Planner. Mr. Kirmis has
over 35 years of planning experience work both as an in-house city
planner and as a consultant. Dan Elder is new to NAC will assist
Mr.Kirmis in addressing Columbia Heights assignments.
Contract # 2020-3059
We recognize that this is a temporary need of the city that will end
with the hiring of a new in-house planner. This said we hope to
continue our relationship with Columbia Heights in provide high
quality and timely planning services as need by the City.
I have attached a 2020, contract for services for your consideration
along with our current rate schedule. If you have any questions
pertaining to this letter or the contract please contact me at you
convenience.
Sincerely
Alan Brixius, Principal
Northwest Associated Consultants.
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NORTHWEST ASSOCIATED CONSULTANTS ,. INC,
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
Date: November 11 , 2020
AGREEMENT FOR PROFESSIONAL PLANNING SERVICES
THIS AGREEMENT, entered into by and between the CITY Of COLUMBIA HEIGHTS,
COUNTY OF ANOKA, 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 contract with the Consultant to render
professional planning services to the extent and kind described in Article 2 below in and
for the City of Columbia Heights, Minnesota.
ARTICLE 2. SERVICES OF THE CONSUL TANT
The Consultant hereby agrees to render the professional services as follows after
receipt of work authorization by the City Community Development Director or the
Director's designee.
A.Technical Planning and Development Assistance
1.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 attend staff meetings, to
assist and advise the Municipality on the administration, structure, forms,
procedures, processing of development ordinances and the processing of
development applications. Services shall be rendered on an as needed
basis to be determined by the Community Development Director. Any
services performed under this Article will be billed on a monthly basis as
per Article 4.A. of this Agreement.
City of Columbia Heights
Page Two
2.The Consultant will prepare written reports, complete with planning
considerations, concerning Planning Commission agenda items which
deal with rezoning, conditional use permits, interim use permits. site and
building plan reviews, variances, subdivision plans, or code enforcement
etc. as directed by the Community Development Director.
3.The Consultant shall attend public, advisory committee, and/or City
Council Meetings or other special public meetings as directed by the
Community Development Director. Any charges for meetings shall include
travel time and mileage at the current IRS reimbursement rate, one-way
from the consultant's business address.
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 which are required by Ordinance for the
consideration of various applications. Such material 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, codes and documents, as determined by the Consultant that are
necessary for the services to be performed.
City of Columbia Heights
Page Three
ARTICLE 4. PAYMENT
A.Technical Planning and Development Assistance
The Municipality hereby agrees to pay the Consultant for professional services
included in Article 2.A. of this Agreement as follows:
1.The work private development applications described in Articles 2.A. will
be charged to the Municipality on a time and materials basis and
computed in accordance with the rate schedule attached hereto. A
discount of approximately fifteen percent (15%) on NAC charge rates, as
reflected on the attached rate sheet, shall be provided to the City of
Columbia Heights for City initiated work. The rate schedule shall be
subject to review and adjustment each calendar year.
2.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.
3.The Consultant shall submit a statement of services rendered under
Article 2 on a monthly basis payable by the Municipality within 45 days of
receipt of an invoice showing work completed.
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.
C.For lawsuits or legal actions brought by a third party against the municipality,
which also name the consultant, resulting from a legislative or administrative
actions of the municipality, the municipality shall assume the responsibility and
expense for legal defense for both parties.
City of Columbia Heights
Page Four
D.For lawsuits or legal actions brought by a third party against the municipality,
which also names the consultant, resulting from negligence, reckless, or
improper actions of the municipality or the consultant, each party shall be liable
for its own acts to the extent provided by law, and hereby agrees to indemnify,
hold harmless and defend the other, its officers and employees against any and
all liability, loss, costs, damages, expenses, claims or actions, including
attorney's fees which the other, its officers and employees may hereafter sustain,
incur or be required to pay, arising out of or by reason of any act or omission of
the party, its agents, servants and employees in the execution, performance or
failure to adequately perform its obligations pursuant to this Agreement.
E.Insurance Requirements. The Consultant agrees that, in order to protect itself,
as well as the City, under the indemnity provision set forth above, it will at all
times during the term of this Agreement keep in full force and effect the following
insurance protection in the limits specified:
1.Commercial General Liability -$1,000,000.00 per incident, including the
following endorsements:
a.Automobile coverage -$100,000/$300,000.
b.Worker's compensation coverage -statutory minimum.
Any policy obtained and maintained under this clause shall provide that it shall
not be canceled, materially changed or not renewed without thirty (30) days prior
notice thereof to the City.
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 tenth (10th) day following receipt of said written
notice. The notice of termination shall specify the circumstances warranting
termination of the contract.
B.In the event of termination by the Municipality, the Municipality shall pay the
Consultant for work completed after 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.
City of Columbia Heights
Page Five
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.
NORTHWEST ASSOCIATED CONSULTANTS, INC.
Alan Brixius, Principal
CONDITIONS HEREIN AGREED TO:
CITY OF COLUMBIA HEIGHTS, MINNESOTA
Date
2
November 11, 2020
Date
NORTHWEST ASSOCIATED CONSULTANTS, INC.
2020 CHARGE RATES
Effective January 6, 2020
Employee Private City