HomeMy WebLinkAboutProfessional Services Agreement - Urban3 - Cost Study, Phase 31316 COUNTY -CITY BUILDINGcd,�
227 W. JEFFERSON BOULEVARD��"
SOUTH BEND. INDIANA 46601-1 930 +�
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CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARDF PUBLIC WORKS
September 24, 2019
Cate Ryba
Urban3, LLC
2 Vanderbuilt Place
Asheville, NC 28801
RE: Professional Services Agreement
Dear Ms. Ryba:
PHONE 574/235-9251
FAX 574/235-9171
The Board of Public Works, at its meeting held on September 24, 2019, approved the above
referenced agreement regarding the City of South Bend Cost Study, Phase 3 in the amount
of $39,940.
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,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (this "Agreement") is made effective as of
September 24, 2019 (the "Effective Date"), by and between the City of South Bend, Indiana, a
municipal corporation organized and operating under the laws of the State of Indiana, acting by
and through its Board of Public Works (the "City"), and Urban3, LLC, a North Carolina limited
liability company (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").
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. Com oeensat on. In exchange for the Provider's 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 Thirty -Nine Thousand Nine Hundred Forty Dollars ($39,940.00) (the "Contract
Amount"). The City will pay the Contract Amount in installments upon regular invoicing by the
Provider (each a "Contract Installment"). The City will not be required to pay any Contract
Installment if the City is not reasonably 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 completion 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 applicable laws,
payments are subject to annual appropriation. If the City Controller 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 Controller 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 of termination.
4. Remedies for Breach of Contract. The Provider's failure to complete the Services
in accordance with this Agreement will be considered a material breach. In the event of any breach
of this Agreement by the Provider, the City may suspend all payments to the Provider and may
pursue any and all remedies available at law or in equity.
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. Relationship,. 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. No employee of the Provider will be
considered or deemed to be an employee of 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. lndeiunification of Cit . The Provider hereby agrees to indemnify, defend, and
hold harmless the City and 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, except for claims arising out of the negligence or
intentional acts or omissions of the City or its officials, directors, employees, or agents. The
obligations of the Provider under this section shall survive the termination of this Agreement.
8. 'Work Product; Ownership. The Provider will submit it work product to the City in
accordance with the terms of the Scope of Work. Any and all work product submitted by the
Provider to the City as part of the Provider's performance of the Services shall be free from claims
of infringement and will become the exclusive property of the City. 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. The City agrees, to the fullest extent permitted by law, to indemnify, defend,
and hold harmless the Provider against any damages, liabilities, or costs, including reasonable
attorneys' fees, arising from or allegedly arising from or in any way related to or connected with
the reuse or modification of the deliverables by the City. The City will credit the Provider each
time the deliverables are used.
9. Assigntnent. 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 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: Cam:
Urban3, LLC City of South Bend
2 Vanderbilt Place 227 W. Jefferson Boulevard, Suite 1400 S.
Asheville, NC 28801 South Bend, IN 46601
Attn: Cate Ryba, Project Director Attn: Tim Corcoran, City Planner
11. Equal Opportunity, Noii -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 federal, state, 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 she 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 B.
13. Drug -Free Work lace. The Provider hereby agrees to make a good faith effort to
provide and maintain a drug -free 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. No Waiver. No failure or delay on the part of either Party in exercising any right
under this Agreement will operate as a waiver of, or impair, any such right. No single or partial
exercise of any such right will preclude any other or further exercise thereof or the exercise of any
other right. No waiver of any such right will have effect unless given in a written document signed
by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right
hereunder.
15. ' everability. In the event any portion of this Agreement shall be held illegal, void,
or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the
terms or conditions of this Agreement are in conflict with any applicable statute or rule of law,
then such terms and conditions shall be deemed inoperative to the extent that they may conflict
therewith and shall be deemed to be modified to conform to such law.
16. Entire Agreement; Aniendnient;-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 understandings 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.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional
Services to be effective as of the Effective Date stated above.
CITY:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary A. Gilot, President Genevieve Miller, Member
ALA -A-
Therese Dorau, Member aim< O'Sullivan, Member
Elizabeth Maradik, Member
ATTES�
Linda M. Mail i.�aClerk
6--
PROVIDER:
URBAN3, LLC
By: ' 1� -
Printed: °" ',t VA
Title: C10
EXHIBIT A
Scope of Work
[See attached.]
CITY OF SOUTH BEND COST STUDY - PHASE 3
URBAN 3 UTH
BEND I D COST STUDY TY OF SO Phase 3
This analysis will assist policy makers, city staff and the community of South Bend in
understanding the role development patterns play in the cost of infrastructure cost and
its relationship to city finances. This project will present and compare an updated 2018
Revenue Model (Property Taxes and Fees) with a Cost Model (to include: Street
Network, Stormwater, and Sewer).
Phase 1 of this analysis included creating a Value Per Acre Model for South Bend,
including an analysis of the pipe development overtime. This was accomplished in 2015.
Phase 2 built upon Phase 1, as Urban3 staff worked collaboratively with South Bend staff
to create the Cost Model.
Phase 3 will encompass additional work looking at regional implications and
recommendations, storyboarding all the graphics created, conducting final processing of
the model, packaging the data for staff's future use, updating the Storymap with the
final cost analysis, and final presentations of the analysis on site by Mr. Minicozzi. Details
for this scope of work are listed below.
Task 1: Service Development Charge Analysis
Urban3 will augment the underlying data model from Phase 2 to include any service
development charges. Urban3 will map all the data that can be located from existing
records. With the cost portion of the analysis Urban3 will be able to compare this
source of revenue to the geographic distribution of various costs.
Task 1 Deliverables: None,
Task 2: Assembling South Bend's Economic Story
A. Graphics
Once Urban3 arrives at the final cost calculations from the preceding stages, we will
collaborate with the City of South Bend staff to create a set of graphics and
visualizations to explain the findings to a general audience, including council and
citizens. Urban3 will use these visualizations to synthesize the information into a set of
conclusions.
B. Storyboarding
Urban3 will collaborate with City of South Bend staff on the storyboarding process; an
extension and distillation of the graphics process. More graphics and visualizations will
come out of this phase as well as a condensed message and conclusion from the data.
Deliverable:Task 2
Task 3: Final Model Review Process & Site Visit
At the end of this process we will organize the work into a packaged product to present
to staff and the community explaining the analyses. The three key elements which we
will convey are: the inner -workings of the revenue system, the distribution of costs, and
the methodology for distributing relevant costs spatially.
In this task, Joe Minicozzi will deliver the results of the analysis to the Council and the
Planning Commission in a work session, if desired. Josh McCarty will present the
methodology and work directly with staff to ensure the data and model can be updated
internally going forward.
Task 3 Deliverable: Presentations
site - 2 days
Task 4: Data Structure Package
Upon completion of the project, Urban3 will work with South Bend staff to create
a data design system to link existing data sets together. We will require about 40
hours per month from GIS staff over the duration of the project with recurring
meetings. The intent is that City staff will be able to maintain and update the
datasets going forward. We will deliver final versions of our cost and revenue
models. These models include the parcel dataset with the distributed road values
and relevant cost figures in shapefile and tabular format, relevant summary tables
and the map files used to create the graphics. Generally, any of the intermediary
work that we generate to calculate the final model will be made available to the
City. This last step will be important as we will also leave South Bend staff with a
working dataset to understand and continue the work internally. We consider this
to be an open process rather than a "black box" analysis.
Task 4 Deliverable: GIS model files, City of South Bend staff training on maintaining
the model and analysis methods
Task 5: Storymap
Urban3 will create on online dynamic tool through ESRI that allows the City to explain
this project in full. This website will tell South Bend's economic story and visualize the
implications of costs and tax policy found in our analysis.
Task 5Deliverables: ESI Storymap'online report covering revenue data and any
preliminary cost graphics.
Project Timeline
This project will take 6 months to complete. This schedule may be extended, to
complete Phase 3, at the end of 6 months, for 3 additional months if agreed upon by
Urban3 and the City. A specific timeline, with dates for deliverables, will be established
with the City upon contract execution.
Project Budget
$5,600
$9,280
$15,70'
CITY OF SOUTH BEND COST STUDY - PHASE 3 4
1 day $1,121
TASK 410TAL: �0,:1�0
$2,240
$1,760
days $4,560
day $1,120
)ject Management Total: $5,680
$300
$37,740
$39,940
Expenses are based on standard GSA rates for the area and include food, lodging, and
auto/airline travel costs.
EXHIBIT B
Contractor's Affidavit
[See attached.]
When the prospective Contractor is enable to certify to any of the stalements below, it shall allach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE
OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF � A Pi A)
:..� ) SS:
COUNTY )
The undersigned Contractor, being duty sworn upon his/her/ifs oath, affirms under the penalties of poi jury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to
prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid
is made without reference to any other bid and without any agreement, understanding or
combination with any other person in reference to such bidding. Contractor further says that no
person or persons, firms, or corporation has, have or will receive directly or indirectly, any
rebate, fee, gift, commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at hid. Code § 5-22-16.5-5, as amended from
time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contactor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
Non -Collusion Non-Uebamient Affidavit Non Iran Form
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility
status of all of Contractor's newly hired employees through the E-Verify Program as defined by
I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify
Program is included and attached as pant of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program, The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate
against any employee or applicant for employment in the performance of a City contract with
respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or
indirectly related to employment because of race, sex, religion, color, national origin, ancestry,
age, gender expression, gender identity, sexual orientation or disability that does not affect that
person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials,
or any combination of the foregoing including, but not limited to, public works contracts
awarded under public bidding laws or other contracts in which public bids are not required by
law, the City, its agencies, boards, or commissions may consider the Contractor's good faith
efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority
Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining
the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WB.E/MBE,. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1)
year frorn the date of such determination, and such determination may also be grounds for
terminating the contact for which the discriminatory practice or noncompliance pertains,
7. The undersigned contractor agrees that the following nondiscrimination commitment
shall be made a part of any contract which it may henceforth enter into with the City of South
Bend, Indiana or any of its agencies, boards or commissions.
Non -Collusion Non-Debannenl Affidavit Non Iran Form
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any matter
directly or indirectly related to employment, because of race, religion, color, sex, gender
expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of
this provision may be regarded as material breach of contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my
statutory obligations to the use of steel products or foundry products made in the United States
(I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will
use steel products or foundry products on this project if awarded. I understand that violations
hereunder may result in forfeiture of contractual payments.
***
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for
public works are true and correct.
Dated tlfis , „_ day of� 0J_J
Subscribed aild sworn to before Ine (his
My Commission Expires. a
County of Residence
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Non -Collusion Non -Debarment Affidavit Non Iran Form
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Printed Name and Title
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BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date September 14, 2019
Name Andrew Netter
Department D_CI
Division/Bureau Planning
BPW Date 09/24/2019 Phone Extension 5931
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