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Housing Assessment & Strategic Plan • AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and RDG Planning& Design for Housing Assessment and Strategic Plan This Agreement is entered into September 22nd, 2014 by and between the City of Salina, Kansas, (the "City") and RDG Planning Design, a Planning Consultant(the"Consultant"). Recitals A. The City desires to contract for a Housing Assessment and Strategic Plan for planning services for the purpose of assessing present housing conditions and developing a strategy for future housing in Salina in compliance with federal, state, and local regulations. B. The Consultant has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties, in consideration of the mutual promises set forth in this Agreement, agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement" means this Agreement for a Housing Assessment and Strategic Plan, as amended and supplemented from time to time. "City" means the City of Salina, Kansas. "Consultant" means RDG Planning& Design and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement (Mark with "X" if applicable): Exhibit A: Responsibilities of the Parties X Exhibit B: Term; Schedule X Exhibit C: Basis of Payment X Exhibit D: Insurance Requirements X 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Consultant agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Consultant for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage. The Consultant agrees to obtain insurance coverage as specified in Exhibit D, attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Consultant subcontracts any of its obligations under this Agreement, the Consultant shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure B-1 i • P526t5)15002 • ACRD® CERTIFICATE OF LIABILITY INSURANCE 08/31`/2015Y" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS Wit;: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED •+ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. p IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject'to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 CONTACT NAME: Holmes Murphy & ASSOC — CR PHONE `FAX t` talc.No.FaO; J(A/C,No): E-MAIL Z 500 let Avenue N8, Suite 300 ADDRESS: UI INSURER(S)AFFORDING COVERAGE NAIC 0 Cedar Rapids, IA 52401 INSURER A: XL Specialty Insurance Company 37885 INSURED INSURER B: RDG Planning & Design INSURER C: 900 Farnam Street, #100 INSURER D: _ • INSURER E: Omaha, NE 68102 _INSURERF: COVERAGES CERTIFICATE NUMBER:44890071 REVISION NUMBER: THIS-IS.TO.CERTIFY_THAT-THE.POLICIES-OF INSURANCE-LISTED.BELOW_HAVE BEEN_ISSUED_ O THE-INSURED_NAMED.ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING-ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH'THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP UNITS INSR WVD POUCY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY I I jECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _(Ea accident) ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S HIRED AUTOS ^AUTOS (Per accident) E UMBRELLA LIAR _OCCUR EACH OCCURRENCE E EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE r I N I A E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? l J (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT_$ A Professional Liability DPR9726387 09/01/15 09/01/16 Per Claim 3,000,000 (Claims-Made Policy) • Annual Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re: Project No. 2014.187.00 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Salina, Kansas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Gary Robbie - ' - 300 West Ash AUTHORIZED REPRESENTATIVE Room 201 Salina, RS 67402 ( USA ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD dbeltz 44890071 of the Consultant or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Consultant of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Consultant has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Consultant pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Consultant acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at(785) 309-5705 in the event of such injury to person(s)or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses are caused by the wrongful acts, negligent acts, errors, or omissions arising out of or related to the services of the Consultant, its employees, agents, or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon 10 days advance written notice to the other party. In the event of such termination, the Consultant shall be compensated for such services as have been satisfactorily performed through the date of termination, but no compensation shall be earned after the effective date of the termination. Within five(5)days of any such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Consultant pursuant to this Agreement shall be delivered to the City.Notwithstanding the above,the Consultant shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Consultant, and the City may withhold any payments to the Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant may be determined. 10. Default. If either party fails to comply with any term of this Agreement within 10 days after written notice to comply has been mailed by the non-defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default, the non-defaulting party shall have the following rights and remedies, in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity (including specific performance) by suit, action, mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Consultant, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, B-2 prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk Attn: Shandi Wicks CMC P.O. Box 736 Salina, KS 67402-0736 CONSULTANT: RDG Planning& Design 900 Farnam on the Mall Suite 100 Omaha,Nebraska 68102-5089 14. Retention and Inspection of Records. The Consultant shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term of this Agreement, and for a period of three (3) years from the date of final payment under this Agreement (the "Retention Period"); provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved, without right of further appeal. During the Retention Period, the Consultant shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes, subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement,the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Consultant in performing services under this Agreement, does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Consultant performs its services hereunder. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Consultant shall be exclusively responsible for all taxes, withholding payments, employment- based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations,and the filing of all necessary documents, forms, or returns pertinent to the foregoing. 17. Subcontracting. Consultant shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Consultant shall comply with all applicable federal, state, and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Consultant and its subcontractors, if any, agree that: B-3 • (1) The Consultant shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race, sex, religion, age, color, national origin, ancestry or disability; (2) The Consultant shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the City's human relations director; (3) If the Consultant fails to comply with the manner in which the Consultant reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Consultant shall be deemed to have breached this Agreement and it may be canceled, terminated or suspended, in whole or in part, by the City; (4) If the Consultant is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Consultant shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended, in whole or in part,by the City; (5) The Consultant shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race, sex, religion, age, color, national origin, ancestry or disability; and (6) The Consultant shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Consultant: (1) Employs fewer than four employees during the term of this Agreement; or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Consultant understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Consultant's choice. 23. Applicable Law; Venue. This Agreement and its validity, construction and performance shall be governed • by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 25. Time. Time is of the essence.of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next full business day. 26. Severability. The unenforceability, invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. B-4 28. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns of the parties hereto. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments.Neither this Agreement nor any of its terms may be changed or modified,waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver,or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof; shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof; shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS W •K'EOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF , • • ' • By: Aaron K. ouseholter,Mayor Attest: _4 i /_ _ / /_• Sha,:: Wicks,C C,City Clerk , . '✓ ��` Form: al C•, D b ?l #i l i v 4 /.a s./ p By: (name) Samien'74 v.k.tkriitle) B-5 EXHIBIT A RESPONSIBILITIES OF THE PARTIES • TASK 1:Community Engagement A.Technical Committee A small technical committee composed of city staff and key stakeholders will be formed by the city at the beginning of the process.This group will review material and provide feedback throughout the process,meeting regularly with the RDG team either in person or through web conferencing. B.Market Survey RDG will develop a general market survey for email distribution,with paper versions provided to the city for distribution at appropriate locations.The target audiences for this survey will initially be those participating in the focus group discussions identified in Item C below. C.Target Market Surveys In addition to the general market survey,three targeted surveys may be developed. 1.Workforce Housing Survey:RDG will develop a short survey for distribution to the city's largest employers.This can be done online,and paper copies will also be available. 2.Rental&Special Needs Survey:RDG will survey rental properties and other specialty housing providers(assisted and independent living facilities)in the community and county.Information gathered will include number of units, rental rates,vacancy rates,types of support services provided for senior-oriented facilities,and general comments on the market. 3.Senior(55+)Survey:As part of the Workforce Housing Survey,targeted questions to those over the age of 55 may be included.These questions are intended for distribution to seniors through local agencies and the Senior _ Center. D.Stakeholder Group Interviews RDG will conduct up to eight,90-minute stakeholder group discussions.Participating groups include: •Builders and developers •Development corporations,service providers,and nonprofit organizations •Economic development agencies •Employers • •Housing and social service providers •Lenders •Public sector—city and community representatives • •Realtors and property managers •Representatives from target markets •Young professionals E.Stakeholder Presentation Following completion of Task 4,RDG will present the strategic plan results to all city and community stakeholders. These include participants in the stakeholder,groups,city officials,and other interested members of the public. F.Neighborhood Workshops RDG will conduct 3 to 4 neighborhood workshops at locations across the city.The purpose of these workshops will be to discuss neighborhood level housing issues,opportunity areas within the neighborhoods and strategies for addressing local housing issues.RDG will facilitate discussions and ask for resident input through open discussions, comment cards,and location mapping. G.Deliverables •Meeting memo summarizing common themes discovered in the focus group Interviews •Summary report of survey results •Presentation of survey and focus group results to the technical committee TASK 2:Population&Market Analysis B-6 • This phase of the project examines detailed population and economic dynamics in the Salina study area,and quantifies specific demands and markets. A.Demographic&Economic Assessment The objective of this section will be to assemble and analyze basic data related to population trends and economic health of Salina.Components of this data that can be illustrated in a map or table format include all items identified in the RFP.These include: •Affordability analysis by neighborhood • •Age composition •Development costs •Employment characteristics •Housing characteristics,including occupancy,values,affordability,and condition •Income distribution •Migration patterns,including migration and population change by age cohort •Population change •Property values,including relationships of land and improvement value •Social statistics and family composition Population change,income distribution,and housing characteristics will be compared with five other communities in the region of similar size and/or location. B.Market Assessment RDG will complete an assessment of the housing market.The market assessment will include the items identified in the RFP,and may be expanded based,upon unique community issues identified in Task 1.Items identified by the city will include: •Population and development forecasts,based on demographic trends and development activity •Development history and construction activity by price and type •Housing cost trends,using Multiple Listing Service information if available;sales information and assessment trends;and the telephone survey of rental properties described in Task I •Affordability analysis •Projected housing demand for all types of housing,with a specific emphasis on affordable cost ranges •Review of existing housing incentive programs for affordable housing •Housing demand by occupancy type •Housing demand by price point,pinpointing affordable housing needs both at present and projected •Land demand by density classification/site analysis •Special population demands,including senior housing demand by price and occupancy •Employment composition and change within the market area,identifying factors that could influence demand generated by predictable population change •Review of the existing city organizational structure relative to provisions for housing services •Review of regulatory environment related to housing construction and affordable housing,including zoning and subdivision regulations. •Site analysis/recommendations for various housing types C.Housing Market Area An analysis of adjoining city employment and housing demand will be developed to determine the secondary market demand for housing in the Salina study area.The analysis should include an extensive demographic analysis of this population to determine the type of housing most suitable to this market. D.Deliverables •Presentation of preliminary findings to the technical committee •Draft plan sections TASK 3:Neighborhood Assessment This part of the work involves researching and mapping critical neighborhood opportunities,and includes: B-7 A.General Base Information To assess and identify neighborhood opportunity areas,the following information will be collected for the entire city: •Identification and assessment of vacant lot opportunities using existing city and county land use data and aerial maps.Key locations will be filed,verified,and photographed. •Identification of dilapidated structures beginning with city inspection data.Field verification may be done for strategic neighborhoods. •Mapping of utility data and review of recent and planned utility work. •Mapping of tenure and occupancy data. •Mapping of incomes and demographic data by Census Block Groups. RDG will visit key neighborhoods identified by staff and stakeholders but will also assess strong neighborhoods to understand the level of disparity,common issues across the city and physical character of the city. • B.Neighborhood Opportunity Areas Based on the data collected above and community input,Neighborhood Opportunity Areas will be identified and additional information collected for these areas,including: • •Existing zoning and nonconformances,mapping those uses that are either illegal or are legal nonconforming uses. • •Historic assessment,including existing National Register listings or findings of eligibility. •Transportation issues,which may include traffic volumes,future projects,parking issues,public transportation,and the non-motorized environment •Hazardous or harmful conditions,using city case records and on-site review of visible conditions such as site maintenance •Underused or opportunity properties,including vacant or available sites,parking lots by default,or other sites with substantial development potential •Changes and trends in property sales and valuation,which are important in evaluating the presence of comparables in built-up neighborhoods and developing infill policies that can be supported by the market •Areas where adjacency of available sites,supporting facilities,community character,and surrounding property value can sustain infill housing strategies D.Deliverables •Presentation of preliminary findings to the technical committee •Draft plan sections TASK 4:Development Financing This task includes the research and assessment necessary to provide policies and practices proposed in Task 5 as part of a coordinated housing program.The community engagement process outlined in Task 1 will include a significant concentration on improvement financing,particularly in stakeholder group discussions with builders,developers,public officials,and financial institutions.This task will use that information,but will also include: •Review of past and current development financing tools and policies used in Salina •Evaluating the impact of these tools and policies on housing costs,the volume of subdivision development and housing development,tax revenues,housing affordability,and municipal finances •Consistency of results of financing policies and stated community and neighborhood development goals •Analysis of development financing techniques and results in Salina and regional peer communities •Definition of performance criteria that an infrastructure financing program for Salina should provide,including phased development,level of exposure,income or housing cost targeting,and equalization of incentives Deliverables •Presentation of preliminary findings to the technical committee •Draft plan sections TASK 5:Housing Strategy Focuses,Programs and Implementation Task 5 envisions a two-pronged strategic approach,considering both communitywide housing potential and needs,and infill or neighborhood development programs in specific areas identified in Task 3. B-8 A.Communitywide Strategies and Housing/Community Development Program Using the information and analysis of previous parts of the project,this task will provide strategic recommendations and specific,operational programs to address the following issues: Filling gaps in areas that have demonstrable needs that are not or cannot be filled by the unassisted private market. This programmatic analysis considers the obstacles that prevent the private market from satisfying needs and focuses • on approaches that are needed to remove these obstacles. Organizational and housing delivery systems that have worked in other communities that would fit the needs of 'Salina. Strategies and programs necessary to provide a range of housing types and affordability. . Project financing and proformas to demonstrate feasibility and pinpoint strategies. Development financing,using the results of the analysis of Task 4,to develop a comprehensive public/private improvement funding program,tied to specific needs across the affordability range. Rehabilitation and neighborhood development,including infill development strategy in the citywide context. Recommendations on existing platted subdivisions. Regulatory approaches and strategies. Supporting services,and other issues. B.Infill and Neighborhood Development This establishes a program directed to specific opportunity areas identified and analyzed in Task 3.The program addresses such issues as: Housing products—configurations and costs—paired to feasible market groups in infill areas Supportable values and rents Site assembly and clustering strategies to achieve a critical mass in neighborhood development areas Probable demographic and economic markets to determine affordability levels Financing requirements to fill deficits caused by disparities between production costs and market values,and lack of' comparable products for appraisal purposes Addressing neighborhood effects—overall property maintenance and conditions of existing housing,public environment,community anchors and institutions Rehabilitation-related programs Organizational and delivery strategies,including non-profit developers and community development corporations Zoning and other regulatory ch anges necessary to encourage innovative development forms Identification of sources of funding to support neighborhood development programs Task 5 identifies milestones to measure accomplishments and implementation progress. C.Deliverables •Presentation of preliminary findings to the technical committee •Draft plan sections •Stakeholder presentation or housing summit that addresses the findings and results of the study •Final Plan document. EXHIBIT B TERM; SCHEDULE B-9 ' E*1-.1.I B If 3 KNEWIDS Sep Oct Nov De< Jan 2015 Feb Mar Apr May Jun Jul ®Project Kick-off Meeting with Staff Task 1:Community Engagement . ®Market Survey Eauncehd iioii Stakeholder Group Meetings r Target Market Surveys Launcehd Sdrvey Findings Report Neighborhood Workshops n In Stakeholder Presentation committee Meeting Task 2:Population&Market Analysis ir,;ji Publi<Meeting/OpenHouse '—~ ID Demographic&Market Assessment ® Major Events Talcs 3:Neighborhood Assessment Deliverables Q Neighborhood Opportunity Areas Map I Take 4:Development flnancing • 1 Development Financing Report Task 5:Housing Strategig t 1Ej Housing Strategies Report Q Draft Plan If 11. 2 • B-10 EXHIBIT C BASIS OF PAYMENT 1. Compensation The Consultant may request monthly, but not less than every three months invoices for services rendered. Invoices should include appropriate Task Completion estimation, and expenses incurred by the Consultant as outlined in the agreement. 2. Invoices May be electronically submitted or through paper copies: City of Salina Development Services % Gary Hobbie Director Community& Development Services 300 West Ash P.O. Box 736 Salina, KS 67402-0736 Emailed Notices may be sent to: gary.hobbie @salina.org 3. Payment Invoices will be due and payable within 30 days of receipt by the CITY. If the CITY disputes any items in CONSULTANT's invoice for any reason, the CITY may temporarily delete the disputed item and pay the remaining amount of the invoice. The CITY will promptly notify CONSULTANT and request clarification and/or correction. Following resolution of any dispute, CONSULTANT will include the disputed item as resolved on a subsequent invoice. The CONSULTANT retains the right to assess the CITY interest at the rate of up to one percent (1%) per month on undisputed invoices which are not paid within 45 days of receipt by the CITY. C-1 Estimated costs We pride ourselves on working closely with our clients to create projects that are designed to meet their unique needs.The Scope and fee laid out in this Proposal is the beginning of this process, and therefore may be negotiated to better match the needs of Salina. Phase 1: Comprehensive Plan Base Task 1: Community Engagement $ 14,850 Task 2: Population & Market Analysis $ 4,900 Task 3: Neighborhood Assessment $ 14,850 Task 4: Development Financing $ 7,450 Task 5: Housing Strategy Focuses, Programs, & Implementation $ 7,450 Fee Estimate $ 49,500 Expenses (Fuel,Lodging, Printing) Not to Exceed $ 500 Total Labor and Reimbursable Expenses Not to Exceed $ 50,000 C-2 EXHIBIT D INSURANCE REQUIREMENTS Pursuant to Section 6 of the Agreement, the Consultant shall obtain, pay for, and maintain—and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement, policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation and professional liability policies to be obtained by the Consultant hereunder, all policies shall name as an additional insured the City, its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall be as broad as the insurance for the named insured, including defense expense coverage, and shall apply as primary and non- contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. In the event coverage is provided on a claims-made basis, the insurance shall be maintained for a period of not less than two (2) years after completion of the contract or in lieu thereof purchase of tail coverage (extended reporting period) under which the City shall be afforded protection. D. Premium and Deductible Expenses. The Consultant shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Contract. 2. Specific Coverage Requirements. A. Professional Liability — Errors and Omissions. The Consultant shall maintain professional liability insurance covering against claims for damage arising from the work performed by the Consultant as specified in this contract. The policy limits shall not be less than the following: • Each occurrence $ 500,000 • General aggregate $ 500,000 B. Commercial General Liability ("CGL"). The Consultant shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Contractual Liability, Independent Consultants and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $ 500,000 • General aggregate $1,000,000 • Personal and Advertising Liability $ 500,000 D-1 C. Business Automobile Liability ("BAL"). The Consultant shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Consultant and include automobiles not owned by but used on behalf of the Consultant. The BAL policy limits shall not be less than the following: • Combined single limit $ 500,000 D. Workers' Compensation/Employer's Liability. The Consultant shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability (Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee D-2 • A ® 0ATE 9/10 CERTIFICATE OF LIABILITY INSURANCE D /DD/YYYY) 09/10/Z014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-300-0325 CONTACT NAME: Holmes Murphy & Assoc - CR PHONE FAX (NC.No.Extl: (A/C,No): 500 1st Avenue NE, Suite 300 A ADD DREDRE SS: Cedar Rapids, IA 52401 INSURER(S)AFFORDINGCOVERAGE NAIC# Paula Dixon INSURER A: XL Specialty Insurance Company 37885 INSURED INSURER B RDG Planning & Design INSURER C: 900 Farnam Street, #100 INSURERD: Omaha, NE 68102 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 41388379 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SWVD I POLICY NUMBER (MMIDD/YYYY)I(MMIDD//YYYY)I LIMITS LTR TYPE OF INSURANCE R GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ —7 POLICY n PRO- -7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) _$ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS _ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ UMBRELLA LIAB — OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I TORY LIMITS I I ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability DPR9718219 09/01/14 09/01/15 Each Claim 3,000,000 (Claims-Made Policy) Annual Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Project No. 2014.187.00 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Salina, Kansas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Gary Hobbie 300 West Ash Room 201 AUTHORIZED REPRESENTATIVE Salina, KS 67402 AWL USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD kbrewercr 41388379 A OREl CERTIFICATE OF LIABILITY INSURANCE zravzDl p THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME. $II ShelOy — LMCInsurance 8 Risk Management, Inc PHONE No E.n:515-237-0157 _ FAX 4200 University Ave.,Suite 200 EMAIL West Des Moines IA 50266-5945 ADDRESS:SUShelevUUTlmcins coon INSURERS}AFFORDING COVERAGE _ HMO It INSURER A_GIDCInnatlInsurance Company 10677. INSURED RDGPLAN-01 INSURER B Accint Fund National Ins Company _10166 RDG Planning&Design INSURER C'. 301 Grand Ave INSURER I) Des Moines IA 50309 _INSURER E! INSURER F' COVERAGES CERTIFICATE NUMBER:1638391935 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR MD POLICY NUMBER IMMOD'YYYYI'MMND/WYY)I LIMITS A I GENERAL LIABILITY Y LY �NP0116475 1/1/2015 1/1/2016 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) IS500,000 CLAIMS-MADE H OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADP INJURY $1,000,000 GENERAL AGGREGATE 82000,000_ AGGREGATE LIMIT APPLIES PER. PRODUCTS�COMPIOP AGG £2,000,000 GENT AGGRE POLICY CT • X� PRO- X LOC I $ A AUTOMOBILE LIABILITY V V ENP0118475 1/1/2015 1/1/2016 CUMPINLO EINGLE LIMIT I lEa aamenD $1,000,000 X ANY AUTO `BODILY INJURY/Per person) $ .. ALL OWNED SCHEDULED BODILY INJURY(Per ecodenl) 5 AUTOS yNON-O —. PROPERTY DAMAGE X HIRED AUTOS _X. NON-OWNED Per acmenIL — $ $ A X UMBRELLA LUB X OCCUR ENP0116475 111/2015 1/1/2016 EACH OCCURRENCE .52,000,000 EXCESS LIAB _ , I CLAIMS-MADE 1 AGGREGATE 1$2,000,000 DEO 'X RETENTIONSO I$ B WORKERS COMPENSATION IV WCV6096600 4/1/2015 /112016 X WC STATN OTH AND EMPLOYERS'LIABILITY TORY LIMITS I ER ANY PROPRIETOR/PP TNEWEXECUTIVE Y/N N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? E.L DISEASE EA EMPLOYEE 5500,000 II f yes.desenbe under I DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT 5500.000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES Wench ACORD IBI,Additional Remake Schedule,If more apace Is required) Re: Salina Housing and Neighborhood Study The City,its agents,representatives,officers,officials,and employees are Certificate holder are Additional Insured-primary and non-contributory-including products and completed operations-automatic status when required in Contract with respects to the General Liability policy per form GA472(10/01) Waiver of subrogation applies to the General Liability Policy per form GA210(02/07) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Salina Kansas,Attn: Gary Hobble, Dir.Community ACCORDANCE WITH THE POLICY PROVISIONS. &Development Services 300 West Ash, Room 201 AUTHORIZED REPRESENTATIVE Salina KS 67402 I ©1988-701 D ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: RDGPLAN-01 LOC 0: ACOREI ADDITIONAL REMARKS SCHEDULE Pagel of 1 AGENCY NAMED INSURED LMC Insurance&Risk Management, Inc. RDG Planning&Design POLICY NUMBER 301 Grand Ave Des Moines IA 50309 CARRIER NAIC CODE EFFEGGED DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The City, its agents,representatives,officers,officials,and employees are Additional Insured where required by written contract with respects to the Auto Liability policy per form M4171 (11/05) Waiver of subrogation applies to the Auto Liability policy per form M4172(09/09) Waiver of subrogation applies to the Workers Compensation policy per form WC000313(04/84) ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD