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HomeMy WebLinkAboutUrban Design VenturesPROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT is MADE THIS AZ��day of 2019 by and between the CITY OF OSHKOSH, a Wisconsin municipa corporation, 215 Church Avenue, Oshkosh, Wisconsin 54901, herein referred to as "CITY", and URBAN DESIGN VENTURES, LLC, 212 East Seventh Avenue, Homestead, PA 15120, herein referred to as "CONSULTANT", WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, agree as follows: I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this contract: NAME: Walter J. Haglund TITLE: President B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this Agreement: Darlene Brandt, Grants Coordinator III. SCOPE OF SERVICES- CONSULTANT'S RESPONSIBILITIES The CONSULTANT shall provide the services described in the CONSULTANT'S Proposal, which is attached as Exhibit A, and is incorporated into this agreement to the extent it does not conflict with this agreement. REOF'. ; NOV - 6 2019 CITY CLERK'S QFFICE �, I L 1 If anything in the Proposal conflicts with this Agreement, the provisions in this Agreement shall govern. Additionally, this project is governed by HUD and therefore all relevant HUD rules and regulations shall have priority over any conflicting or inconsistent term within CONSULTANT's Proposal. The CONSULTANT shall provide the services described in its proposal attached hereto and incorporated herein by reference. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. All records created under this Agreement shall be retained for seven (7) years after all pending matters relative to this Agreement are closed. Alternatively, the CONSULTANT may provide the CITY with complete and accurate copies of all records related to this Agreement, along with an Affidavit signed under oath verifying that all records have been transferred to the CITY. The CONSULTANT shall provide the CITY with at least 30 days advance written notice before records are destroyed and allow the CITY a reasonable opportunity to take possession of these records. The CONSULTANT agrees to provide access to the CITY, the US Department of Housing and Urban Development (HUD), the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers and records which are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. The CITY as a governmental body is subject to applicable open records statutes. Public records laws may apply in some circumstances to certain records created and retained by the CITY's CONSULTANT. The CONSULTANT agrees to fully cooperate with the CITY related to open records requests related to this Agreement. IV. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from CITY records. To prevent any unreasonable delay in the CONSULTANT's work the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. i V. TIME OF COMPLETION All Work to be performed under this Agreement shall be completed on or before July 31, 2020 unless the parties agree in writing to extend this date. VI. PAYMENT FOR SERVICES A. Contract Amount The CITY shall pay to the CONSULTANT for the performance of this Agreement, the total sum of $24,000.00 to prepare a 5 Year Consolidated Plan (2020-2024) and FY 2020 CDBG Annual Action Plan, adjusted by any changes as provided in the proposal, or any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method Of Payment The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. VII. STANDARD PROVISIONS A. The CONSULTANT agrees in all hiring or employment made possible by or resulting from this Agreement, there (1) will not be any discrimination against any employee or applicant for employment because of race, color, sex orientation, religion, sex or national origin; and (2) affirmative action will be taken to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex orientation, sex or national origin. This requirement shall apply to, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. There shall be posted, in conspicuous places available to employees and applicants for employment, notices required or to be provided by Federal or State agencies involved setting forth the provisions of the clause. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex orientation, sex or national origin. B. The CONSULTANT will make a good faith effort to use minority and women - owned businesses in procurement of supplies, and upon request of the CITY, must provide satisfactory evidence of such effort. Additionally, the CONSULTANT agrees to provide the CITY with the name(s) and contract amount(s) of all minority and women -owned businesses awarded contracts on the project. C. Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to the appropriate Federal agency involved for determination by it as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereupon, shall be disposed of and administered, in order to protect the public interest. D. The CONSULTANT agrees to comply with all applicable standards, orders, or requirements issued under: (1) Clean Air Act, 42 U.S.C., 7401 et seq. (2) Federal Water Pollution Control Act, as amended, 33 U.S.C.1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 14 and Section 308, and all regulations and guidelines issued there under. (3) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as amended. E. The CONSULTANT agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the State Energy Conservation Plan. 4 F. No officer, employee or agent of the CITY who exercises any functions or responsibilities in the review or approval, or the carrying out of responsibilities, to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. G. Incorporated by reference herein are OMB Circulars A-21, A-122 or A-133 as applicable, and 2 CFR Part 200. VIII. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONSULTANT, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees and punitive damages which the CITY may be obliged or ad- judged to pay on any such claims or demands within thirty (30) days of the date of the CITY'S written demand for indemnification or refund. IX. INSURANCE The CONSULTANT shall provide insurance for this project that includes the CITY as an additional insured. The specific coverage required for this project are identified in Exhibit B. X. SUSPENSION AND TERMINATION A. When the CONSULTANT has failed to comply with the terms, conditions or standards of this Agreement or applicable HUD regulations, the CITY may, on reasonable notice to the CONSULTANT, suspend the Agreement and withhold further payments or prohibit the CONSULTANT from incurring additional obligations of funds, pending corrective action by subrecipient, or a decision to terminate in accordance with paragraph B below. B. This Agreement may be terminated for cause or convenience. (1) TERMINATION FOR CAUSE: The CITY may terminate this Agreement in whole or in part at any time before the date of completion, whenever it is determined that the CONSULTANT has failed to comply with the conditions of this Agreement. The CITY shall promptly notify the CONSULTANT in writing of the determination and the reasons for the termination, together with the effective date. Payments made to the CONSULTANT or recoveries by the CITY in the event this Agreement is terminated for cause, shall be in accordance with the legal rights and liabilities of the parties. In the event there is probable cause to believe the CONSULTANT is in noncompliance with any applicable rules or regulations, the CITY may withhold up to fifteen (15) percent of funds subject to this Agreement until such time the CONSULTANT is found to be in compliance by the CITY, or otherwise adjudicated to be in compliance. Payments made pursuant to the terms of this Agreement shall not prevent the CITY's ability to demand the return or reimbursement of funds paid pursuant to any available legal theory. (2) FOR CONVENIENCE: The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 10 calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. [SIGNATURES ON FOLLOWING PAGE] I CITY OF OSHKOSH, a municipal corporation M. A. Rohloff, Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. "CityAttom sOshkosh Comptroller I a PROPOSAL TO PREPARE THE FY 2020-2024 FIVE vital YEAR CONSOLIDATED PLAN & ANNUAL ACTION Oshkosh PLAN FOR THE CITY OF OSHKOSH, WISCONSIN WIN I. TITLE PAGE FIRM: Urban Design Ventures, LLC ADDRESS: 212 East Seventh Avenue Homestead, PA 15120 TELEPHONE: (412) 461-6916 FACSIMILE: (412) 461-6920 EMAIL: wal%C urbandesignventures.com WEBSITE: www.urbandesiqnventures.com DUNS NUMBER: 18-692-3046 TAX I.D. NUMBER: 06-1648008 I I P a g e PROPOSAL TO PREPARE THE FY 2020-2024 FIVE YEAR CONSOLIDATED PLAN & ANNUAL ACTION C',.ty Oshkosh PLAN FOR THE CITY OF OSHKOSH5 WISCONSIN Est. 1853 III. APPROACH TO THE SCOPE OF WORK Urban Design Ventures has prepared 46 Five Year Consolidated Plans and 148 Annual Action Plans for various clients. Based on our experience we propose the following scope of work: A. Five Year Consolidated Plan: Urban Design Ventures will prepare the City of Oshkosh's Five Year Consolidated Plan in accordance with the HUD Guidelines using the eCon Planning Suite, the Consolidated Plan Template in IDIS Online, and the Community Planning Development (CPD) Maps website. The Five Year Consolidated Plan will contain the following elements: ■ Executive Summary. A brief summary of the program, the goals and objectives, sources of funds, etc. will be prepared. ■ Identification of Lead Entity or Agency Which Will Be Responsible for the Development of the Plan. The administrative structure needed to implement the Plan will be described along with the roles and responsibilities. ■ Housing and Homeless Needs Assessment. The estimated housing needs over the five (5) year period will be described using the latest U.S. Census data, American Community Survey, the updated Census Reports, the HUD-CHAS data tables, local studies and information obtained from meetings and interviews. Categories of persons affected and estimated numbers and types of families in need of housing assistance will be listed. The City's housing needs will be described for the extremely low- income, very low-income and low-income families for renters and homeowners: the elderly, large families, small families, and persons with disabilities. The housing needs will be described for persons/families that are cost overburdened, large families who are residing in overcrowded conditions and substandard housing conditions in which low- income persons/families are residing for both renters and homeowners, compared to the overall housing conditions in the " surrounding area and the State. The nature and extent of homeless persons in the City will be documented using information obtained from social service 2 1 Page agencies and operators of emergency shelters, transitional shelters and supportive housing providers. - A housing needs assessment will be included for persons with HIV and AIDS based on available data from agencies. - An estimate of the housing units in the City that contain a lead - based paint hazard, including the number of low-income occupants of these housing units will be shown. ■ Housing Market Analysis. Our firm will undertake a housing study to determine the significant characteristics of the local housing market for the City, including supply, demand, condition, cost, and availability of housing. Areas with concentrations of racial/ethnic minorities and low- income families, will be graphically shown on maps. - The number of public housing units and Federally assisted housing units, their physical condition, waiting list, and plans for improving management and operations of public housing will be described. We will identify the public housing developments outlined in the PHA's Comprehensive Grant Program. - Homeless facilities for emergency shelter, transitional housing, permanent supportive housing and housing needs will be described. The plan will also describe the special housing needs, facilities and services for persons who are returning to the community from institutions. The barriers to affordable housing such as public policies and the cost or incentives needed to develop, maintain or improve affordable housing will be included. Strategic Plan. We will list the City's general priorities for allocating funds geographically within the City of Oshkosh. UDV will describe the basis for assigning the priority, identify any obstacles to meeting underserved needs and summarize these priorities and specific objectives. For each specific objective UDV will identify proposed accomplishments in quantitative terms. - Priorities for the Strategic Plan will be prepared in the HUD required format, describing the basis for assigning priority. - UDV will prepare specific objectives and how the local housing market will influence the use of funds. We will prepare the homeless needs table and description of the local's strategy. - Special needs housing for the frail elderly, disabled, persons with HIV/AIDS, etc. will also be listed. - Priorities for non -housing community development needs will be incorporated into the Strategic Plan. This will include public facility improvements and economic development activities. 3 1 P a g e - UDV will describe the strategies to address and eliminate any barriers to affordable housing, actions to eliminate and reduce lead -based paint hazards, and reduce the number of poverty level families. Descriptions will be provided of the institutional structure, activities to enhance coordination between public and private housing providers and public housing resident initiatives. ■ Consultation/Survey. Through the planning process our firm will meet with the City's staff and local officials, City and local agencies, authorities, and stakeholders. Community Development Staff — we will interview and meet with the local staff and personnel to ascertain needs and priorities for economic development projects. - Other Departments, Local Officials, Agencies, Authorities — separate meetings will be held with individuals, departments and agencies to obtain their input. - Resident Survey — our firm will prepare a resident survey, for the local jurisdiction to distribute to residents. Stakeholder Meetings — we will organize, with the City's staff assistance, a series of round -table discussions for citizen input from various stakeholders in the area. Various groups will be invited to separate meetings: i.e. housing providers, social service agencies, economic development agencies, local neighborhood citizen organizations, planning agencies, local officials, financial institutions, etc. UDV will prepare a sample questionnaire to be provided to each stakeholder prior to the meeting. • Citizen Participation. UDV will work with the City's staff and local officials to follow its Citizen's Participation Plan and make recommendations, any updates, or changes as may be required. - Public Hearings — UDV will prepare the required public advertisements of the two (2) required public hearings and will attend the public hearings and we will provide the necessary documentation for approval of the Plan. ■ Approval Process. We will be in contact with the City's staff during the planning process. We will provide status reports and "draft' sections of the Five Year Consolidated Plan for review. We will present our preliminary findings and discussion of needs. The City Officials and others will be asked to establish priorities. UDV will provide the local staff with a "draft' plan prior to the second public hearing. We will be available to assist the staff to prepare for their presentation for approval. UDV will address all questions and concerns, and make the necessary adjustments to the plan prior to final adoption. 41Page • Final Document. We will submit to HUD the Five Year Consolidated Plan through IDIS. One (1) hard copy and one (1) electronic copy will be provided to the City. • FY 2020 Annual Action Plan. The Annual Action Plan will be included in the Five Year Consolidated Plan. B. FY 2020 Annual Action Plan Urban Design Ventures, LLC will assist the City of Oshkosh in the preparation of its FY 2020 Annual Action Plan. The Annual Action Plan describes what activities the City proposes to undertake with each year's funding. The Annual Action Plan will be developed utilizing the latest eCon Planning Suite in IDIS. The Annual Action Plan will contain the following elements: ■ Form HUD — 424 and 424D. As consultants, we will complete the new HUD forms for approval and signature by the appropriate City Officials. Other resources that will be utilized by the City for leveraging and match obligations will be listed. ■ Executive Summary. Our staff will prepare the Executive Summary which will identify the available funds, strategies and objectives and activities to be undertaken. ■ Summary of Priorities, Goals, Budgets and Anticipated Accomplishments. We will prepare a listing of the proposed new five year strategic initiatives to be outlined in the Five Year Plan, which initiatives will be under taken in each annual action plan, and the number of persons benefiting. • General Questions. Our staff will address the HUD general questions in the latest IDIS format which will include a description of the geographic areas of the City, what was the basis used to allocate funds by geographic area, are funds being used to address underserved needs, and what resources are expected to be made available. ■ Managing the Process. We will describe what agencies are administering programs, a description of the process used to develop the plan, and how improvements will be made to enhance coordination among agencies. ■ Citizen Participation. Our staff will describe the citizen participation process used, we will prepare all the notices to be published in the local newspaper and we will prepare a summary of any written citizen comments. • Institutional Structure. Our staff will describe what actions the City proposes to undertake in the development of the institutional structure. ■ Monitoring. We will describe what actions the City will utilize to monitor its community development projects and sub -recipients. 5 1 P a g e ■ Lead Based Paint. A description will be made of what is the extent of lead based paint hazards in the City and what actions are being undertaken to reduce and abate lead based paint. ■ Specific Housing Objectives. Our staff will prepare the listing of specific housing objectives by priority status and include a list of available resources. ■ Needs of Public Housing. We contact the staff of the local Housing Authority and review their plans and needs of public housing, as well as preparing a description of the housing authority's performance rating. ■ Barriers to Affordable Housing. We will prepare a narrative on previously identified barriers to affordable housing and what actions the City will take to remove, reduce, and eliminate those barriers to affordable housing. ■ Specific Homeless Prevention Elements. We will address the following required areas and issues in the latest IDIS format, including: what sources of funds are available, what is the extent of homelessness and chronic homelessness in the City, what programs are in place or proposed to prevent homelessness, what are the discharge policies from state institutions and how is it being coordinated, what are the transitional housing resources, what are the permanent supportive housing resources, and what are the other special housing needs in the City. ■ Community Development. Our staff will prepare the required narrative on what are the priority community development needs and we will describe the community development objectives. ■ Antipoverty Strategy. We will prepare a narrative on what actions the City will undertake to reduce the number of persons living in poverty. ■ Non -Homeless Special Needs. We will prepare the outline of what are the City's non -homeless special needs housing objectives and what resources will be used to address those needs. • Certifications. We will download from HUD Exchange the latest certifications and complete them for signature by the I Cil Jar ■ Activity/Project Worksheets. Our staff will prepare the indiA ual project entries in IDIS for each activity to be funded; including the performance and outcome measures. ■ Final Document. We will submit to HUD the Annual Action Plan through IDIS. One (1) hard copy and one (1) electronic copy will be provided to the City. 6 1 P a g e `' Ciiy of� Oshkosh Bi. 1853 PROPOSAL TO PREPARE THE FY 2020-2024 FIVE YEAR CONSOLIDATED PLAN & ANNUAL ACTION PLAN FOR THE CITY OF OSHKOSH, WISCONSIN VI. PROPOSED SCHEDULE The following time schedule is presented for consideration in the preparation of the Five Year Consolidated Plan and Annual Action Plan for the City of Oshkosh. These documents will be developed at the same time as the Analysis of Impediments to Fair Housing Choice. I. Schedule By Month - Month One - August 2019 • Review existing studies, census data, and CHAS data • Review timeline schedule with local staff • Establish a schedule of interviews with stakeholders • Determine staff assignments • Prepare a resident survey form for local staff review • Prepare a list of housing providers, social service agencies and other stakeholders to meet with - Month Two - September 2019 • Mail to organizations surveys and invitations for roundtable discussions and meetings • Meet with City Staff, officials and department heads • Prepare maps illustrating the demographic data • Prepare survey form for stakeholders for the local to send out with letters inviting them to meetings • Contact local news media sources to prepare a brief article and notice • Prepare an outline of census data and HUD CHAS data • Conduct roundtable discussions with stakeholders • Meet with other interested groups • Conduct a public hearing on the needs of the City • Send out questionnaire/survey forms to the public - Month Three - October 2019 • Follow-up telephone interviews for persons/groups/agencies that were unable to meet • Prepare a summary of the meetings and interviews • Prepare G.I.S. maps of the city illustrating the (X) data 7 1 P a g e • Prepare a list of recommended goals and strategies for the city to review • Complete the research work on the five year consolidated plan - Month Four — November 2019 • Prepare a "draft" of the five year consolidated plan for the city to review • Revise the plan in accordance with the city's review comments • Prepare the "final draft" for public display Month Five — December 2019 • Work on the Annual Action Plan for FY 2020 • Prepare a preliminary budget based on the information supplied by the City staff - Months Six thruNine — January — April 2020 • Wait for federal budget to be approved and HUD allocations of funds - Month Ten — May 2020 • HUD releases the Federal Budget Allocation to the guarantees • The project activities and budget are finalized • The "Draft" of the Annual Action Plan is submitted to the city staff to review • The "Final Draft" is placed on public display - Month Eleven — June 2020 • The second public hearing is held on the Five Year Consolidated Plan and FY 2020 Annual Action Plan • City Council approves the plans • The plans are submitted electronically to HUD - Month Twelve —July 2020 • HUD reviews and approves the city's FY 2020 Annual Action plan and Five Year Consolidated Plan 8 1 P a g e t �;Ns PROPOSAL TO PREPARE THE FY 2020-2024 FIVE Ciycf YEAR CONSOLIDATED PLAN & ANNUAL ACTION Oshkosh PLAN FOR THE CITY OF OSHKOSH, WISCONSIN Est. 1853 VII. COMPENSATION The following cost proposal is submitted for consideration: A. Lump Sum Amount: • Preparation of the Five Year Consolidated Plan $18,000 4 Preparation of the FY 2020 Annual Action Plan $ 6,000 This cost is a fixed fee amount and includes all staff time, travel, mailings, reproduction costs, etc. B. Hourly Rates: The following are Urban Design Ventures' hourly rates: • Walter J. Haglund, President $150.00 per hour _ • Karl M. Haglund, Vice President $140.00 per hour Jon G. Haglund, Senior Consultant $120.00 per hour • David G. Jordan, Senior Consultant $120.00 per hour • Brandon T. Wilson, Consultant $ 90.00 per hour • Keith S. Portugal, Consultant $ 90.00 per hour • Matthew Townsend, Consultant $ 90.00 per hour • Jamie Piotrowski, Consultant $ 90.00 per hour Note: These hourly rates are all inclusive, including salaries, benefits, travel, reproduction, mailing, etc. 9 1 P a g e