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HomeMy WebLinkAboutProfessional Services Agreement - Incremental Development Alliance - SB Zoning Ordinance Compliance Testing1316 COUNTY-Crry BUILDING 227 W. JEFFERSON BOULEVARD Souni BEND. INDIANA 466O 1 - 1830 CITY OF Sou'ri-i BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS December 12,2017 Jim Kumon Incremental Development Alliance 38,02 Nicollet Avenue, Suite 200 Minneapolis, IN 55409 RE: Professional Services Agreement Dear Mr. Lumen: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on December 12, 2017, approved the above referenced agreement for South Bend zoning ordinance compliance testing for new development types in the amount of $41,675. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, I.inda M. Martin, Clerk Enclosure c: Tim Corcoran, Community Investment GARY A. Git..o'r SLJZANNAM.Fiz1T7.BERG Ei,IZABETHA.MARADIK JAMES A. MUELLER THERESE, J. DORAU AGREEMENT FOR PROFESSIONAL SERVICES This Agreement For Professional Services(this "Agreement") is entered into on December 12, 2017 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City"), and Incremental Development Alliance, a Minnesota non-profit corporation with its registered office address at 3802 Nicollet Avenue, Suite 200, Minneapolis, Minnesota 55409 (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the professional services (the "Services") set forth in the Provider's proposal attached hereto as Exhibit A (the "Scope of Work"). The Provider will undertake Task 4 (as defined in the Scope of Work) in consultation with the City and consistent with the sample course overview attached hereto as Exhibit B. In the event of any conflict between the terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. 2. Compensation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum not to exceed Forty -One Thousand Six Hundred Seventy -Five Dollars ($41,675.00) (the "Contract Amount") in accordance with the project budget stated in the Scope of Work. The City will pay the Contract Amount in installments upon invoicing by the Provider upon the completion of Task 1, Task 2, Task 3, and Task 4, respectively, as identified in the project budget stated in the Scope of Work (each a "Contract Installment"). The City will not be required to pay any Contract Installment if the City is not satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The sum of all Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the Contract Amount. 3. Term; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18, payments are subject to appropriation by the City. If the City makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay any Contract Installment or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date 1 of termination. 4. Remedies for Breach of Contract. Failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of such breach, the City may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services. 5. Point of Contact. The City employee identified in Section 10 below will serve as the City's principal point of contact for purposes of this Agreement. 6. Relationft. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 7. Indemnification of City. The Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 8. Work Product; Ownership. (a) The Provider will submit its work product to the City in accordance with the terms of the Scope of Work. Except as provided in Section 8(b) below, any and all work product submitted by the Provider to the City as part of the Provider's performance of the Services will become the exclusive property of the City, and the City will have the right to use and reproduce copies of the Provider's work product as the City determines in its sole discretion without compensation to the Provider except the compensation expressly provided for in this Agreement. (b) With respect to work product submitted by the Provider to the City in connection with Task 4 alone, the City shall have an irrevocable license to use and duplicate all such documents, reports, models, or other written materials of any kind without cost until December 31, 2018, unless such period is extended by a written agreement signed by an authorized representative of each Party, provided, however, that all intellectual property and materials related to Task 4 will remain the exclusive property of the Provider during the period of such license. 0) 9. Assignment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City.. 10. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States. Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: Incremental Development Alliance PO Box 8847 Minneapolis, MN 55408 Attn: Jim Kumon City: City of South Bend 227 W. Jefferson Boulevard, Suite 1400 N. South Bend, IN 46601 Attn: Tim Corcoran, City Planner 11. Equal Opportunity; Non -Discrimination; Compliance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 12. Contractor's Affidavit. The Provider agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized representative will execute and submit to the City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit C. 13. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -flee workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 14. Entire Agreement; Amendment; Applicable Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana. [Signature page follows.] 3 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement For Professional Services to be effective as of the Effective Date stated above. Nume"110 I BOARD OF PUBLIC WORKS 9 6ary Gilot,President Therese Dorau,Acmber Suzann, Fritzberg, Member Eliza eth Maradik, Member James Mueller, Member A S - 'rTFi T. Li da Martin, Clerk INCREMENTAL DEVELOPMENT ALLIANCE, a Minnesota non-profit corporation By: - L kwtt- Printed: _(Z Tim Kumon Its: Executive Director 150M000001 46796454.004 4 EXHIBIT A Scope of Work [See attached.] EXHIBIT B Sample Course Overview for Task 4 [See attached.] EXHIBIT C Contractor's Affidavit [See attached.] Incremental Small Real Estate Development Stress Test Development For the City of South Bend, Indiana Alliance November 30, 2017 .Task 1: Initial Research + Site Visit Investigators will understand current, regulatory environment and design stress test exercise. • .Kickoff Conference Call o Determine Agenda and parties to be involved for Onsite Visit o Obtain existing codes, zoning maps and recent text amendments, discuss zones that will likely be tested o Set meeting schedule for project and discuss each task element o Follow -Up Call with GIS Staff to prep sample drawings o Review building types to be tested and fully preview process steps for Stress Test exercise. Review of sample documents from previous tests to discuss how similar documents will be created by South Bend GIS staff. • Off -Site Review of Codes o Cursory review of existing city wide codes: zoning, parking, landscape, stormwater and parcel subdivision to understand any areas where different segments of the codes may interact with each other o Detailed review of existing or draft code proposed for target area • Off Site Spot Testing - Understanding Parameters of Existing Conditions o Conduct off -site scenario testing to detail potential project situations on key parcels. The goal is to simulate small developers looking at planning goals and existing code language to see what kinds of development projects make sense at a small scale. Includes exploring examples for infill of vacant sites, carving sites out of large lots or parking areas, sub -dividing parcels, and additions to sites that are under-utilized. o Outputs: Spot Exercise sketches and notes, delivered by PDF binder. • Stress Test Exercise Design o Conference Call Meeting with City to share results of spot testing o Create matrix of lot types, building types, incremental strategies and zones to be tested a Decide which types of lots and buildings will be ultimately tested (put in a priority order to accomplish by teams during exercise) and make alterations to financial pro forma spreadsheet to accommodate local variables. o Phone call with a focus group of private sector real estate agents, developers and builders to verify costs and revenue assumptions to be used by pro forma for different sizes of buildings. Task 2: Stress Test Exercise Investigators will work with city staff to prepare, conduct and debrief Exercise ■ .Exercise Preparation o Guide City personnel through the creation of final baseline maps, lot plans and preparation of accompanying scenario information for use in exercise. City will provide project manager as a point person for their staff in completing this work. o Create scaled test buildings and electronic pro forma template for exercise use o Outputs: Exercise Design Materials - Instructions and kit of scaled buildings ■ On -Site Exercise o Lead 2 day testing and training exercise to test a range of commercial, residential and mixed use building of 1-3 stories in size. Based on prioritized list of scenarios, the Groups will work and complete as many scenarios as possible in the 8 hour day. There will be four different context conditions pursued to see how buildings in different areas/development patterns of the city respond to different factors. All deliverables will be completed onsite. o Day One: • City will provide 6 city staff members to participate in the exercise and do testing in small groups with supervision by Investigators. They will also provide exercise consumable materials such as printouts, markers, pencils and sketch paper (IncDev to provide supplies list). ■ Group work will interpret zoning codes for a specific parcel and identify code barriers to completing projects through placing scaled buildings on lots and o Day 2: completing development financial pro formas. Will test 1.0-15 sites, in 3 zoning code classifications across 3 contexts (corridor (2x), neighborhood (2x), downtown edge/transition. Pro formas will be run for all sites tested. Report out by groups of main results and posting of materials for electronic capture. City will provide a note -taker to write down detailed information for capture in internal memo Debrief meeting morning after Exercise to summarize detailed findings by each group and identify specific scenarios that need zoning code fixes suggested. City will provide a note -taker to write down detailed information for capture in internal memo After debrief meeting, team will work on own to develop sketches and ideas for zoning code fixes to problems uncovered by exercise. ■ A small group will reconvene in afternoon to review problem solving ideas generated by Investigators and comment. City will provide a note -taker to write down detailed information for capture in internal memo o Exercise Outputs: ■ Site Plans with standard buildings laid out on them, with an accompanying pro forma spreadsheet and notes about all rules adjustments or confirmations. ■ Debriefing Meeting Notes prepared by city, reviewed/commented on by Investigation team ■ Sketches and notes for challenges identified during Exercise made on afternoon of Day 2. All outputs will be compiled in an electronic PDF and reviewed by Investigation team after Exercise. ■ All printing and consumable materials will be provided by the City. ■ Exercise Follow -Up Conference Call o Meeting 1-2 Weeks later to conclude any outstanding items o Call with stormwater engineer to review the outcomes of the site plan exercise to discuss prescriptive measures for small sites .Task 3: Follow-up Technical Coachinl7 Engagement with Investigation Team on an as needed assistance after Exercise for follow-up meetings, additional technical interpretation, and future implementation strategizing ■ .Set at an hourly rate for Executive Coaching o Via Phone/Video Calls or Emails by Jim Kumon and/or Matthew Petty - $125 an hour Task 4: Small Developer Boot Cam - Advanced Training Su ort & Testjn In support of getting small developers acquainted with and to better utilize the zoning code, training session will work with a small group of no more than 10 small developers to provide advanced coaching and training in order to set the table for development in stress tested areas. .Project Budget Task 1 - Initial Research + Site Visit Kickoff Call $975 All travel costs are included in this task Exercise Design Call/Prep $1300 Review of Codes $1300 Spot Testing $3200 Stress Test Exercise Design $2650 Project Management $2100 Sub -Total $11,525 Task 2 - Stress Test Exercise Exercise Preparation $2500 Al travel costs are included in this task On Site Two Day Exercise $8250 Follow Up Meetings $1150 Sub -Total $17,9b0 Course The two-day Small Developer Boot Camp applies the foundational training from the one -day Workshops to real Overview projects. With lots of one-on-one time, the Boot Camp gives participants an opportunity to bring their actual development projects (ideally at the planning stage) in front of seasoned small developers. Participants work through exercises like building and refining their pro forma, creating an investor proposal package, and drawing out the zoning parameters for their lot. Participants can also practice pitching their project to the group and instructors in order to get feedback in a supportive environment. The Boot Camp is all about hands-on and how-to. Participants should come prepared with paper, pencils, a calculator and computer to make the most of the practicum sessions over these two days of learning. Scholarships are available. To apply, please contact: training@incrementaldevelopment.org ,' ! �y V f. v J� 1�1 'G 0f Learning • Understand how to make strategic design decisions • Estimate development income and expenses Objectives • Interpret, analyze, build, and refine a pro forma • Understand what makes a compelling proposal to investors • Read and interpret zoning as it applies to your building lot • Meet people who can help you I'm DPW mill Friday Saturday 8:00 AM -12:00 PM - SESSION 1: WHAT IS 8:00 AM -11:45 AM - SESSION 3: YOUR PROJECT? WHO'S GOING TO INVEST IN YOUR • Reading your zoning and drawing your PROJECT? building lot. Assemble project financing • Understanding the people behind your project: package and understand the Renters vs Owners, Residential Target relationships that surround the Audiences vs Commercial money. Operators/Entrepreneurs Practicum: Create 3 financing and • Practicum: Drawing and Zoning; Building deal structure scenarios; Complete Program and Target Audiences your Financing Package Draft and Practice Talking Points 12:00 PM -1:00 PM - LUNCH (PROVIDED) 1:00 PM - 4:30 PM - SESSION 2: DOES THE PROJECT MAKE MONEY? • Learn to build an in-depth project pro forma for specific building type/use • Q&A breakout deeper into incomes and expenses • Inside the residential marketplace - For Sale, For Pent, 1-4 Unit, 5+ Units • Inside commercial/mixed use - Types of Commercial Users, Short vs Long Term Holds • Practicum: Build and Refine Your Own Pro forma in Excel 5:00 - 7:00 PM - NETWORKING DINNERS IN SMALL GROUPS (MEAL ON YOUR OWN) 7:30 - 9:30 PM - OPTIONAL OFFICE HOURS WITH FACULTY AT HOTEL 12:00 PM -1:00 PM - GRADUATION LUNCH (PROVIDED) 1:30 PM - 5:00 PM - PROJECT PRESENTATIONS 6:00 PM - DINNER (MEAL ON YOUR OWN) Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM December 5 2017 Tim Corcoran Department DCI BPW Date December 12 2017 Phone Extension 7692 H Agreement U Contract U Proposal U Addendum ® Professional Services ❑ Amendment ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution (� Other: ❑ Claim Company or Vendor Name New Vendor Incremental Development Alliance Yes LI If Yes, Approved by Purchasing No ❑❑ WBE Completed E Verify Form Attached ❑❑ No Zoning Stress Test DCI Admin Budget 21110014603106 Amount $23,425 Terms of Contract Test the South Bend Zoning Ordinance to determine compliance of new development types. Purpose/Description Amount of a Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $