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HomeMy WebLinkAbout2022-4084CONTRACT #2022-4084 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: Error! Hyperlink reference not valid. Date: May 18, 2022 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 CONSULTANT 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 will establish weekly office hours to meet with perspective developers, residents, businesses to discuss the development interests and outline the city zoning and performance standards related to their prospective projects. During the weekly office hours NAC staff will also be available for site inspection and code enforcement as needed. 4. 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 Planninq 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 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. AI rixius, rincipa Daj CONDITIONS HEREIN AGREED TO: CITY OF COLUMBIA HEIGHTS, MINNESOTA ,KL% h <, -1 - I I - 11. City Mana4r, Kelli Bourgeois Date U CAl NORTHWEST ASSOCIATED CONSULTANTS, INC. 4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: Error! Hyperlink reference not valid. May 18, 2022 Mr. Aaron Chirpich 590 40th 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 your planner returns from maternity leave. We have the staff available to meet Columbia Heights' planning workload. Per our meeting, you indicated that services needed include in-house staff hours, 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 directed by Community Development Director. The staff person we would assign to Columbia Heights will be Mr. Bob Kirmis Senior Planner. Bob has over 35 years of planning experience work both as an in-house city planner for the City of Eagan and as a consultant planner for NAC. Bob would be available to provide full day in-house staff hours on Tuesdays and Thursdays of each week. He is available for Planning Commission meeting attendance and related presentations. Bob is also available undertake development application reviews or City work during his time away from City Hall. We would note the Bob, has scheduled a family vacation for a Thursday in mid -July. With his departure we will provide alternative coverage if you determine it is needed. 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 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. We recognize that this is a temporary need of the City which will end with the return of you current City Planner. This said, we hope to continue our relationship with Columbia Heights in providing high quality and timely planning services as needed by the City. I have attached a 2022 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. Cc. Bob Kirmis Steve Grittman 2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 2021 CHARGE RATES Effective January 4, 2022 Employee Private City Alan Brixius, Principal 191.00 158.00 Stephen Grittman, Principal 191.00 158.00 Bob Kirmis, Senior Planner 173.00 147.00 Nate Sparks, Senior Planner 151.00 129.00 Dan Sjordal, Landscape Architect 135.00 135.00 Logan Brown, Associate Planner 90.00 77.00 Tara Kohl, Associate Planner 75.00 64.00 Associate Planner, Interns 60.00 — 75.00 57.00 — 72.00 Secretarial 60.00 50.00 Dan Wilson, Financial Analyst 175.00 175.00 Mileage: Current IRS Rate Photocopies: 15 cents per page Supplies: Cost plus 15%