HomeMy WebLinkAboutIX-02 Authorize Signature - Professional Services Agreement - Codametrics - Zoning Code Revision
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: May 6, 2024
Item: Authorize Signature: Professional Services Agreement – Codametrics – Zoning Code
Revision
Council Action Requested:
Authorize signature of the attached professional services agreement between the City of Hastings
and Codametrics to prepare a revision to the Zoning Code (City Code 155). A simple majority is
necessary for action.
Need for Revision
The entire Zoning Code was last updated in 1996. Over the last 28 years municipal best
practices and private market standards for development have changed. Comprehensive changes
are needed to the code to ensure relevancy.
Request for Proposal
The City issued a Request for Proposals (RFP) to provide services. Six firms responded to the
RFP with four firms interviewed by the City. Codametrics was chosen based on their
comprehensive experience in preparing zoning codes and code preparation in similar cities.
Budget
The Agreement caps expenses at $65,000 which is the allocated budget for the project.
Scope of Services
Exhibit A of the Agreement outlines the Scope of Services which includes various forms of
public engagement, meetings with City Staff, and work with the Planning Commission in
preparation of the plan.
Attachments:
• Professional Services Agreement
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CITY OF HASTINGS
PROFESSIONAL SERVICES AGREEMENT
WITH CODAMETRICS
FOR ZONING CODE UPDATE
THIS AGREEMENT is dated as of the __ day of _______, 2024 (“Agreement”) and is by
and between the CITY OF HASTINGS, Minnesota (“City”) and CODAMETRICS (“Consultant”).
The parties agree as follows:
SECTION 1. CONSULTANT.
A. Engagement of Consultant. The City desires to engage the Consultant to
provide all necessary professional consulting services and to perform the work in connection with
the project identified below.
B. Project Description. The consultant will develop an update to the City’s zoning
regulations as defined in the City’s Request for Proposals:
The Zoning Code should provide guidance on the varying type of development in Hastings
including areas developed prior to the adoption of Zoning regulations, property
redevelopment, and annexation and development of new land. The scope of services is
limited to the Zoning Ordinance only and not other land use ordinances such as
subdivision, shoreland management or flood plain.
C. Scope of Services. The Consultant has submitted to the City a description of the
services to be provided by the Consultant, a copy of which is attached as Exhibit A to this
Agreement (“Services”).
D. Commencement. The Consultant shall commence the Services immediately
upon receipt of written notice from the City that this Agreement has been fully executed by the
parties and shall conclude by May 2025, unless otherwise extended in a written mutual agreement
by both parties.
SECTION 2. FEE AND METHOD OF PAYMENT.
A. Fee. The total amount billed by the Consultant for the Services under this
Agreement shall not exceed $65,000, as outlined in Exhibit B, unless otherwise amended per
Section 6.A of this Agreement.
B. Invoices and Payment. The Consultant shall be paid as provided in Exhibit B.
The Consultant shall submit invoices monthly to the City in an approved format for those portions
of the Services performed and completed by the Consultant. The City shall pay to the Consultant
the amount billed within 30 days after its receipt and approval of such invoice.
SECTION 3. PERSONNEL; SUBCONTRACTORS.
A. Key Project Personnel. The Key Project Personnel identified in Exhibit A shall
be primarily responsible for carrying out the Services on behalf of the Consultant. No new Key
Project Personnel shall be reassigned or added without the City’s prior written approval.
B. Approval and Use of Subcontractors. The Consultant shall perform the
Services with its own personnel and under the management, supervision, and control of its own
organization unless otherwise approved by the City in writing. All Services performed under any
subcontract shall be subject to all of the provisions of this Agreement in the same manner as if
performed by employees of the Consultant. For purposes of this Agreement, the term “Consultant”
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shall be deemed also to refer to all subcontractors of the Consultant, and every subcontract shall
include a provision binding the subcontractor to all provisions of this Agreement.
SECTION 4. STANDARD OF CARE; INDEMNIFICATION; INSURANCE.
A. Standard of Care for Services. The Consultant represents and certifies that the
Services shall be performed in accordance with the highest standards of professional practice,
care, and diligence practiced by recognized consulting firms in performing services of a similar
nature.
B. Indemnification. The Consultant agrees to indemnify, defend, and hold harmless
the City, its agents, elected officials, representatives, and employees from and against claims,
demands, damages, losses, liability, expenses, and consequential damages, including attorneys’
fees arising from the execution of Consultant’s work performance or failure to perform under the
terms of this Agreement to the extent caused by the negligent acts or omissions by Consultant,
and except for those claims which arise from the sole negligence or willful misconduct of the City.
SECTION 5. CONSULTANT AGREEMENT GENERAL PROVISIONS.
A. Relationship of the Parties. The Consultant shall act as an independent
contractor in providing and performing the Services. Nothing in, nor done pursuant to, this
Agreement shall be construed (i) to create the relationship of principal and agent, employer and
employee, partners, or joint venturers between the City and Consultant; or (ii) to create any
relationship between the City and any subcontractor of the Consultant.
B. Compliance with Laws and Grants. Consultant shall give all notices, pay all fees,
and take all other action that may be necessary to ensure that the Services are provided,
performed, and completed in accordance with all required governmental permits, licenses, or
other approvals and authorizations that may be required in connection with providing, performing,
and completing the Services, and with all applicable statutes, ordinances, rules, and regulations.
C. Data Practices Compliance. All data collected by the City pursuant to this
Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13.
D. Mutual Cooperation. The City agrees to cooperate with the Consultant in the
performance of the Services, including meeting with the Consultant and providing the Consultant
with such non-confidential information that the City may have that may be relevant and helpful to
the Consultant’s performance of the Services. The Consultant agrees to cooperate with the City
in the performance of the Services to complete the Work.
SECTION 6. GENERAL PROVISIONS.
A. Amendment. No amendment or modification to this Agreement shall be effective
unless and until such amendment or modification is in writing, properly approved in accordance
with applicable procedures, and executed.
B. Notice. Notices and communications to the City shall be addressed to, and
delivered at, the following address:
John Hinzman
City of Hastings
E-mail: jhinzman@hastingsmn.gov
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Notices and communications to the Consultant shall be addressed to, and delivered at, the
following address:
Leslie Oberholtzer
Codametrics
Email: leslie@codametrics.com
C. Provisions Severable. This Agreement is severable. To the extent that any
provision or term is determined by a court of law to be unenforceable or otherwise invalid, then
said provision(s) or term(s) shall be severed from the Agreement and all remaining terms,
provisions, and conditions shall remain in full force and effect.
D. Termination.
1. Termination by Either Party. This Agreement may be terminated by either party
upon 30 days’ written notice delivered to the other party. Upon termination under this provision,
if there is no default by the Consultant, Consultant shall be paid for Services rendered and
reimbursable expenses until the effective date of termination.
2. Termination Due to Default. This Agreement may be terminated by either party
upon written notice in the event of substantial failure by the other party to perform in accordance with
the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from
the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other
party.
E. Insurance. During the performance of the Services under this Agreement,
Consultant shall maintain the following insurance:
1. General Liability Insurance, with a limit of $1,000,000 for any number of claims
arising out of a single occurrence;
2. Professional Liability Insurance, with a limit of $1,000,000 for any number of
claims arising out of a single occurrence.
3. Workers’ Compensation Insurance in accordance with statutory requirements.
F. Governing Laws. This Agreement shall be interpreted according to the internal
laws, but not the conflict of laws rules, of the State of Minnesota.
G. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes any and all previous or contemporaneous oral or written agreements and
negotiations between the City and the Consultant with respect to the Proposal and the Services.
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CITY OF HASTINGS
By:
Mary Fasbender
Mayor
By:
Kelly Murtaugh
City Clerk
CONSULTANT
By:
Name and Title: Leslie Oberholtzer, Principal
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City of Hastings | Proposal for Zoning Code Update | 7
With expertise in both the best practices of sustainable,
context-sensitive, conventional zoning and form-based codes,
our team will develop the zoning code rewrite for the City of
Hastings from the ground up, collaboratively with staff and
the Plan Commission, using the most appropriate methods
determined for each area of the city.
COMMUNITY ENGAGEMENT
Our perspective on outreach is to seek out fun and easy ways
to actively engage community members, working with staff
to identify the best methods for their community. Whether
through online methods, traditional meetings, or open house
one-on-one conversations, graphics and images will be
used to convey information and survey stakeholders on their
preferences. Throughout all engagement efforts, we will
connect how input in recent planning initiatives is being used
to guide the current code work. A successful engagement
process will result in new and strengthened relationships and
promotes a sense of ownership in the implementation of the
code.
SCOPE OF SERVICES
The work plan and timeline on the following pages includes a
description of our tasks based upon the project scope
outlined in the request for proposal. We will work closely with
staff to adjust the tasks to meet the specific needs of the city
and to ensure timely completion of all phases and delivery of
all products.
STAFF COORDINATION
The draft schedule outlines each task and key project
meetings, also to be coordinated with staff to meet the city’s
goals. We anticipate regular online meeting calls, determined
by staff’s availability and the need for coordination at different
points in the project.
DELIVERABLES
Deliverables are outlined in the proposed schedule,
anticipated to be digital PDFs sent via email. Hard paper
copies of drafts may be requested, but will be billed
separately at cost. Final deliverables will be provided in their
root form to staff upon adoption, including any GIS layer data.
Hastings’s new zoning code will,
among other things, need to:
•Protect physical HISTORIC
CHARACTER and ensure NEW
DEVELOPMENT reinforces existing
development, unifying the city’s
overall physical form;
•Be consistent with current
INDUSTRY STANDARDS for
commercial and residential
development;
•Modernize and organize USES into
simple categories to promote an
appropriate level of flexibility;
•Support future development and
ECONOMIC GROWTH, to the best
of our ability;
•Promote EQUITABLE administration
among all users;
•Be LEGALLY DEFENSIBLE, in
compliance with all appropriate
state regulations;
•Promote CONNECTIVITY,
MOBILITY, WALKABILITY, and
BIKE-ABILITY wtihin the community;
•Address building and site design to
result in HIGH QUALITY, durable,
and sustainable buildings;
•Utilize TABLES and GRAPHICS to
quickly illustrate the regulations,
and
•Be organized to provide EASE OF
USE with the aim to simplify the
process of development.
Exhibit A: Scope of Services
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EXHIBIT A: SCOPE OF SERVICES | City of Hastings | Zoning Code Update
Approach & Work Plan
PHaSE 2: DIaGNOSIS & PROJECT DIRECTIONS
2.1: SURVEY PHYSICAL FORM
•Conduct field surveys and other research to
gain a better understanding of built patterns and
neighborhood character within the city.
•With staff’s assistance, identify key areas within
the city to receive focused design regulations,
such as the downtown, commercial corridors, and
established neighborhoods.
2.2: EVALUATION OF CURRENT ORDINANCE
•Work with staff to identify key issues and
constraints with the current ordinance (Chapter
155).
•Assess the current ordinance in terms of
comprehensive plan implementation/consistency,
compliance with state and federal laws,
sustainability, and other agreed-upon benchmarks.
•Review current development projects, approvals/
disapprovals, and variance requests to understand
how the current regulations are functioning.
2.3: PREPARE DIAGNOSIS & DIRECTIONS REPORT
•Develop deliverable: diagnosis and directionsreport, a concise report summarizing the findings
from phases 1 & 2.
•With staff’s assistance, identify substantive
changes to be made, tied to the geographic
evaluations conducted in Task 2.1.
•Draft an initial working outline and proposed
format for the new code.
•Present draft diagnosis and directions report to
staff and the Plan Commission for review and
comment and to serve as basis for initial draft
code.
2.4: INITIAL PUBLIC MEETING
Per approved public outreach strategy, anticipate
an initial public meeting to introduce the project,
discuss the proposed project direction, and gain
input on any substantive changes proposed.
PHaSE 1: PROJECT KICK-OFF
1.1: PLAN REVIEW
•Conduct in-depth review of the City’s recent 2040
Comprehensive Plan, the existing zoning code,
the Heart of Hastings Plan, the Vermillion Street
Corridor Plan, the People Movement Plan, and any
other plans and documents recommended by staff.
•Review recent (approved and denied)
development plans and proposals.
•Work with staff to identify and collect necessary
GIS data.
1.2: KICK-OFF SESSION
•Hold kick-off meetings with staff and the Plan
Commission at the start of the project to ensure
clear direction.
•Discuss the project scope, work plan, schedule,
deliverables, and logistics.
•Discuss the City’s general policies and procedures
and the goals of the code.
•Consult with the City attorney on format and
content as directed by staff.
1.3: PUBLIC OUTREACH STRATEGY
•With assistance from staff, outline the public
outreach strategy describing the proposed
approach to engaging stakeholders and the
general public on the project.
•In addition to working closely with key staff
throughout the process, regularly collaborate with
the Plan Commission to inform the code writing
and review of code drafts.
1.4: LISTENING SESSIONS
•Conduct ordinance-user (developers, architects/
designers, neighborhood leaders) listening
sessions to gain insight into local issues and
concerns.
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Approach & Work Plan
PHaSE 3: INITIaL DRaFT OF ZONING CODE
The draft zoning code will replace Chapter 155 of the
city’s current code.
We anticipate preparing the deliverable: initial draft
zoning code in 2 modules for ease of review and
understanding. This initial draft is recommended
for internal review by staff prior to presentation to
boards and commissions.
•Present each draft zoning code module to staff for
review and discussion.
•Include changes and new provisions identified
in the diagnosis and directions memo, as well as
general editing and technical changes.
•Revise per staff’s review and present to Plan
Commission at each module or at the end of
phase 3. Provide briefings to other boards and
commissions per staff’s direction.
3.1: INITIAL DRAFT ZONING CODE - MODULE 1
Prepare and present module 1 of the draft zoning
code to include districts and any overlays,
building/structure regulations, and uses. Module
1 will specifically address Group Homes and will
include replacement of the Planned Residential
Development ordinance with Planned Unit
Development language.
3.2: INITIAL DRAFT ZONING CODE - MODULE 2
Prepare and present module 2 of the draft zoning
code to include generally applied development
standards, such as architectural standards, parking,
landscape, sign regulations, and administration and
procedures as well as measuring and definitions.
3.3: INITIAL DRAFT ZONING MAP REVISIONS
•Prepare initial (internal) review draft of proposed
revisions to the zoning map with districts and
overlays.
•Present initial draft zoning map revisions to staff
with module 1 of the initial draft zoning code to
discuss proposals and receive feedback.
PHaSE 4: PUBLIC REVIEW DRaFT OF ZONING CODE
Once the initial draft zoning code and any mapping
has been well vetted, the public review draft will be
prepared and posted for review on the city’s website.
4.1: PUBLIC REVIEW DRAFT ORDINANCE & MAP
•Prepare deliverable: public review draft of the new
zoning code reflecting the comments and direction
received during phase 3 and consolidating the
modules into one cohesive draft.
•Prepare public review draft of revised zoning map,
reflecting the comments and direction received
during phase 3.
4.2: PUBLIC OPEN HOUSE
Conduct public review open house and focused
(small group) review sessions called for in public
outreach strategy (Task 1.3) to solicit comments for
further changes and refinements.
PHaSE 5: HEaRING DRaFT & aDOPTION
5.1: HEARING DRAFT ZONING CODE & MAP
Prepare deliverable: public hearing draft of the new
zoning code and map reflecting the comments and
direction received during phase 3.
5.2: PUBLIC HEARING & ADOPTION
Present as directed by staff for adoption hearings
and proceedings.
5.3: FINAL ADOPTED ORDINANCE AND MAP
Prepare and deliver final version of zoning code and
map. Provide documents in digital format, including
an Internet-ready, hyper-linked version of the new
zoning code.
5.4: FOLLOW-UP
Upon code adoption, Codametrics provides
complimentary phone consultations with staff on
development projects submitted during the first year.
Project review documentation may be requested on
an hourly basis.
EXHIBIT A: SCOPE OF SERVICES | City of Hastings | Zoning Code Update
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Months from Project Start
PHASES
1 2 3 4 5 6 7 8 9 10 11 12
MayMay JunJun JulyJuly AugAug SepSep OctOct NovNov DecDec JanJan FebFeb MarMar AprApr
1 Project Kick-Off qq
2 Diagnosis & Project Directions ww
3 Initial Draft ee rr
4 Public Review Draft tt yy
5 Hearing Draft uu ii
DELIVERaBLES
Public Outreach Strategy Outline
Diagnosis & Directions Report
Initial Public Meeting Presentation
Module 1: Initial Draft Zoning Code & Map
Module 2: Initial Draft Zoning Code
Public Review Draft of Zoning Code
Open House Materials
Public Hearing Draft of Zoning Code
Presentation
KEY MEETINGS
Meeting qq: Kick-off meetings with Staff & Plan Commission, Listening Sessions (virtual &/or in person)
Meeting ww: Public Meeting
Meeting ee: Module 1 presentation to staff and PC
Meeting rr: Module 2 presentation to staff and PC
Virtual Meeting tt: Public Review Draft Presentation to staff and PC
Meeting yy: Public Open House
Meetings
uu & ii:AdoptionMeeting(s), as required
PROJECT TIMELINE
The timeline below is based upon the project scope outlined in the request for proposal and our proposed
work plan on the previous pages. Completion of the project with one year is shown as outlined in the RFP. The
timeline for deliverables has been modified to allow for additional time for key deliverables and for a public
review period prior to the adoption process. We will work closely with staff to adjust the schedule to meet the
specific needs of the city and to ensure timely completion of all tasks and delivery of all products.
EXHIBIT A: SCOPE OF SERVICES | City of Hastings | Zoning Code Update
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Exhibit B: FEE
Estimated Hours by Task
PHASES FEES BY TASK
Leslie
Oberholtzer CODAMETRICS
Kirk Bishop
DUNCAN ASSOCIATES
1 Project Kick-Off $ 5,020 16 12
2 Diagnosis & Project Directions $ 17,110 65 31
3 Initial Draft $ 29,080 126 38
4 Public Review Draft $ 8,170 34 12
5 Hearing Draft $ 3,850 26 4
Estimated Reimbursable Costs $ 1,750
TOTAL PROPOSED PROJECT COST $ 65,000 271 97
Our all inclusive, not-to-exceed project cost is based upon the scope of services and the project scope
outlined in the request for proposal. Work will be invoiced monthly.
All deliverables will be supplied in digital PDF format, except the public open house materials and the final map
and code. Once adopted, the GIS layer for the final map and the native file format for the code will be provided.
Any additional requested printing will be billed at cost.
Estimated reimbursable costs include travel and printing for public open house meeting. Reimbursables will be
billed at cost, not to exceed the estimate provided.
Additional services requested by staff and not outlined in the scope of work must be approved by staff in
advance and will be billed hourly at the rates indicated below unless a formal proposal is requested.
CODAMETRICS
Hourly Rate
Leslie Oberholtzer, Principal $ 175
GIS Technician/Planner $ 90
Architect/Planner $ 120
DUNCAN ASSOCIATES
Kirk Bishop, Principal $ 185
EXHIBIT B: FEE | City of Hastings | Zoning Code Update
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