HomeMy WebLinkAbout27. Houseal Lavigne Downtown Visualization Plan
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Kelly Nieforth, Community Development Director
DATE: October 6, 2022
RE: Houseal Lavigne Downtown Visualization Plan
As a result of Oshkosh Convention and Visitor’s Bureau (CVB) assessment of the City of
Oshkosh performed by Roger Brooks, the City is collaborating with multiple community
partners to create a Downtown Visualization Plan. The intent of the project is to use the adopted
Imagine Oshkosh Plan to create a visualization that will provide a conceptual plan of
redevelopment opportunities in the central city as well as amenities that will have a positive
impact to the downtown. The plan will be similar to the Sawdust District visualization that was
completed five years ago. The visualization plan will be used as a guide for public and private
investment as well as prioritizing Imagine Oshkosh implementation efforts.
The City of Oshkosh, Oshkosh CVB, Greater Oshkosh-Economic Development Corporation,
Oshkosh Chamber of Commerce, and the Oshkosh Area Community Foundation are all
contributing funds towards the plan. The contribution amounts are as follows: City-$15,000,
Oshkosh CVB-$15,000, OACF-$15,000, Chamber-$7,500 and GO-EDC-$7,500. The Oshkosh
Downtown Improvement District will also be part of the plan development.
Please contact me if you have any questions concerning the Houseal Lavigne Downtown
Visualization Plan.
Respectfully Submitted, Approved:
Kelly Nieforth Mark A. Rohloff
Community Development Director City Manager
Houseal Lavigne | Oshkosh Downtown Redevelopment Visualization 1
PROFESSIONAL SERVICES
AGREEMENT
SEPTEMBER __, 2022
BETWEEN
CITY OF OSHKOSH, WISCONSIN
AND
HOUSEAL LAVIGNE ASSOCIATES, LLC.
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN CITY OF OSHKOSH
AND
HOUSEAL LAVIGNE ASSOCIATES, LLC.
THIS AGREEMENT, made and entered into this ____ day of ____________, 20___, by and
between HOUSEAL LAVIGNE ASSOCIATES LLC., an Illinois Limited Liability Company with principal offices
at 188 W. Randolph, Suite 200, Chicago, IL 60601 (hereinafter referred to as the "CONSULTANT"), and City
of Oshkosh, a municipal corporation of the State of Wisconsin whose mailing address is 215 Church Avenue
- P.O. Box 1130, Oshkosh, WI 54903-1130 (hereinafter referred to as the "CLIENT").
WITNESSETH THAT:
WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish technical and
professional assistance in connection with the preparation of the Oshkosh Downtown Redevelopment
Visualization (hereinafter referred to as the "PROJECT") and the CONSULTANT has signified its
willingness to furnish technical and professional service to the CLIENT; and WHEREAS, the
CONSULTANT represents to the CLIENT that it has sufficient expertise and resources to enable it to
provide such advice and assistance to the CLIENT; and
WHEREAS, the CLIENT is interested in hiring a CONSULTANT to assist with a project, and
WHEREAS, CONSULTANT is qualified to do business in Wisconsin, and
WHEREAS, The CLIENT and CONSULTANT wish to enter into this Agreement to specify the
duties and obligations of the Parties for the Services described herein, and
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WHEREAS, CONSULTANT is willing to perform Services in accordance with the terms hereinafter
provided, agrees to comply with all federal, state, and local laws and ordinances applicable to this
Agreement.
NOW, THEREFORE, the parties do mutually agree as follows:
A. Scope of CONSULTANT's Services
The CONSULTANT agrees to perform in a good and professional manner those services described
in Attachment A, Scope of Services, Section 2, a copy of which is attached hereto and incorporated in
this AGREEMENT. All documents, work papers, maps, and study materials produced by the
CONSULTANT in the performance of these services become the property of the CLIENT during and
upon completion of the services to be performed under this AGREEMENT.
B. Services to be Provided by the Client
All existing information, data, reports, and records which are useful for carrying out the work on this
PROJECT and which are owned or controlled by the CLIENT shall be furnished to the CONSULTANT
in a timely manner. The completion of the services to be performed by the CONSULTANT under this
AGREEMENT is contingent upon the receipt from the CLIENT, at no cost to the CONSULTANT, the
data and reports and other material as described in Attachment A, Section 1, in a timely manner. If, by
reason of any fault of CLIENT, the information, data, reports and records to be provided by the CLIENT
are not made available to the CONSULTANT in a timely manner, the CONSULTANT may, at its option,
stop work on the PROJECT until such materials are provided.
C. Meetings and CONSULTANT Visits
The CONSULTANT will attend meetings as specifically identified in the Scope of Services, Attachment
A, Section 2. A “meeting” within the body of this AGREEMENT shall mean a gathering requiring the
attendance of the CONSULTANT or CONSULTANT's staff, including workshops, formal
presentations, interviews, meetings with CLIENT’S staff, public meetings and workshops, and public
hearings. Public meetings shall be scheduled at least seven (7) to fifteen (15) days in advance, and
public hearings shall be scheduled with sufficient advance notice to comply with state and local notice
Houseal Lavigne | Oshkosh Downtown Redevelopment Visualization 4
requirements. Attendance at “additional” meetings, meetings not identified in Attachment A, Section 2,
Scope of Services, will be subject to the provisions of Article M (Extra Work) of this AGREEMENT.
The CONSULTANT may conduct "site visits" to gather information, data, and perform field
reconnaissance. These "site visits" shall not be counted as meetings under this AGREEMENT. When
conducting “site visits” or in the community attending scheduled meetings, the CONSULTANT may
informally meet with CLIENT staff to review and discuss aspects of the PROJECT. These informal
CLIENT meetings with staff shall not be counted as meetings under this agreement. Throughout the
PROJECT the CONSULTANT may conduct phone calls or teleconferences with CLIENT staff on an
as needed basis, to maintain open communication and discuss certain aspects of the PROJECT.
These phone calls and teleconferences with CLIENT staff shall not be counted as meetings under this
AGREEMENT.
D. Deliverables
CONSULTANT agrees to provide products to the CLIENT as identified in Attachment A, Sections 2,
Scope of Services. The CONSULTANT shall provide all deliverables at least five (5) days in advance
of all public meetings. All deliverables become the property of the CLIENT, including all hard copies
and electronic (PDF format) file copies.
E. Changes
The CLIENT may, from time to time, request changes in Attachment A, Scope of Services, of the
services to be performed by the CONSULTANT hereunder. Such changes, including any appropriate
increase or decrease in the amount of compensation, which are mutually agreed upon, shall be
incorporated in written amendments to this AGREEMENT.
F. CONSULTANT's Compensation
The CONSULTANT shall be compensated for services rendered under the terms of this AGREEMENT
on the basis of the CONSULTANT’s hourly rates as stated under Article G (Hourly Rates) and
Attachment A, Section 3 for the staff time devoted to the PROJECT, and for directly related project
expenses. The maximum cost for CONSULTANT services under this AGREEMENT is $59,910,
Houseal Lavigne | Oshkosh Downtown Redevelopment Visualization 5
including directly related job expenses. Directly related job expenses include but are not limited to:
travel (typically including airfare, mileage, car rental, staff per diem for meals and incidentals, and
lodging), printing, graphic reproduction, mailing, the purchase of additional maps, plans and reports
and other out-of-pocket expenses that are related to carrying out services under this AGREEMENT.
Any reimbursable expenses that are not enumerated above must be identified by the
CONSULTANT and approved by the CLIENT in writing.
The CONSULTANT will not exceed the “not to exceed amount” without specific written authorization
from the CLIENT or an amendment to this AGREEMENT. The CONSULTANT represents and
warrants that absent Extra Work, as referenced in Article M, all work to be performed under this
AGREEMENT can and will be performed without exceeding the maximum compensation amount and
directly related job expense amount, both set forth above.
G. Hourly Rates
Hourly rates in effect for purposes of this AGREEMENT are provided in Attachment A, Section 3.
H. Method of Payment
The CONSULTANT will submit monthly invoices for services performed and directly related job
expenses incurred on the PROJECT during the billing period. Invoices are due and payable no later
than thirty (30) days from the date of CLIENT's receipt of the invoice.
I. Time of Performance
The services of the CONSULTANT will begin upon delivery to the CONSULTANT of an executed copy
of this AGREEMENT, and shall, absent causes beyond the reasonable control of the CONSULTANT,
be completed within four (4) months of delivery of said executed AGREEMENT (Attachment A, Section
4). The completion of services by the CONSULTANT shall be, among other things, contingent upon
the timely receipt of the services, data, and other reports described in Attachment A, Scope of Services
and upon the timely conduct by the CLIENT of meetings and decisions required for its purposes in the
execution of Attachment A. For the purpose of this AGREEMENT, timely shall mean that decisions
and choices be made within ten (10) working days for CLIENT staff review of CONSULTANT
Houseal Lavigne | Oshkosh Downtown Redevelopment Visualization 6
submittals, services, data, and reports as are delivered to the CLIENT’s representative; and fifteen (15)
calendar days for such decisions and choices to be made by the City Council, or other elected or
appointed bodies of the CLIENT. If the CLIENT requests that CONSULTANT perform Extra Work as
defined in Article M such as is not now included in Attachment A, the CONSULTANT, if agreed to by
the CLIENT, may suspend work on the PROJECT or a portion of the PROJECT, and may extend the
period of time allotted to perform the services identified in Attachment A under this AGREEMENT, to
a mutually agreed upon period of time necessary to compensate for Extra Work. Where the CLIENT
and CONSULTANT mutually agree to extend the period of time to perform services under this AGREE-
MENT, the hourly rates may not be increased beyond those set forth in Section G. of this
AGREEMENT, provided that the cause or reasons of such extension(s) are not the fault of the CLIENT.
J. Excusable Delays
The CONSULTANT shall not be in breach of this AGREEMENT by reason of any failure in
performance of this AGREEMENT in accordance with its terms if such failure arises out of causes
beyond the reasonable control and without the fault or negligence of the CONSULTANT. Such causes
may include, but are not restricted or limited to, acts of God or of the public enemy, acts of government
in either its sovereign or contractual capacity, fires, floods, strikes, and unusually severe weather, but
in every case, so long as the failure to perform is beyond the reasonable control and without the fault
or negligence of the CONSULTANT, the CONSULTANT shall not be deemed to be in breach of this
AGREEMENT.
K. Termination
The CLIENT shall have the right to terminate this AGREEMENT by written prior notice to the
CONSULTANT at least five (5) working days before the specified effective date of such termination. In
such event, documents and work papers prepared by the CONSULTANT under this AGREEMENT
shall become the property of the CLIENT. On receipt of said documents and work papers by the
CLIENT, the CONSULTANT shall receive compensation and reimbursement for the work actually
performed before the date of termination, in accordance with Article F, CONSULTANT’s Com-
pensation, of this AGREEMENT, less payment for services and expenses previously paid.
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L. Non-discrimination
The CONSULTANT shall engage in lawful employment practices. The CONSULTANT shall not fail,
refuse to hire, discharge, or otherwise discriminate against any individual with respect to his or her
compensation, terms, conditions, or privileges of employment, because of such individual's race, color,
religion, sex, national origin, or handicap unrelated to the individual's ability to perform the duties of the
position.
M. Extra Work
If requested and agreed to in writing by the CLIENT and CONSULTANT, the CONSULTANT will be
available to furnish, or obtain from others, Extra Work of the following types:
1. Extra work or extended services due to changes in the general scope or timing of the
PROJECT, including, but not limited to; changes in size, complexity or character of the work
items; acceleration of the work schedule involving services beyond normal working hours;
non-delivery of any materials, data, or other information to be furnished by the CLIENT not
within the reasonable control of the CONSULTANT.
2. Additional or extended services, including PROJECT administration due to the prolongation
of the period of delivery of services specified in this AGREEMENT time through no fault of the
CONSULTANT.
3. Attendance at additional meetings beyond those made part of the AGREEMENT.
4. Other additional services requested and agreed to by the CLIENT and CONSULTANT, which
are not otherwise provided for under this AGREEMENT.
The compensation and schedule for completing Extra Work authorized by the CLIENT shall be subject
to negotiation between the CLIENT and the CONSULTANT in accordance with the provision of Article
E (Changes) of this AGREEMENT. However, the hourly rate in effect at the time of any change
authorizing Extra Work will continue to be in effect for such Extra Work.
N. Entire Agreement
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This agreement, including the attachments to this agreement, contains the entire agreement of the
parties. It may not be changed orally but only by an amendment in writing executed by the parties to
this AGREEMENT.
O. Governing Law
This AGREEMENT will be governed by and construed in accordance with the laws of the State of
Wisconsin and within the jurisdiction of Winnebago County.
P. Client Representative to CONSULTANT
The CLIENT designates Kelly Nieforth to act as its representative with respect to the work to be
performed under this AGREEMENT, and such person shall have authority to transmit instructions,
receive information, interpret and define CLIENT's policies and provide decisions in a timely manner
pertinent to the work covered by this AGREEMENT until the CONSULTANT has been advised in
writing by the CLIENT that such authority has been revoked. The CONSULTANT designates John
Houseal, as the CONSULTANT's representatives to the CLIENT.
Q. Employment Opportunity
The Consultant shall not discriminate against any employee or applicant for employment because of
race, religion, color, sex or national origin. The Consultant shall take affirmative action to insure that
applicants are employed, and that employees are treated during their employment, without regard for
their race, religion, color, sex, or national origin or any other protected class. Such actions shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff, or termination; rates of pay, or other forms of compensation; and
selection for training including apprenticeship.
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U. General Compliance with Laws
CONSULTANT agrees to comply with all federal, state, and local laws and ordinances applicable to the
work in effect at the time of the work. If CONSULTANT is found to have been in violation of any applicable
federal, state, or local laws and ordinances, such violation may be the basis for the suspension or
termination under this Agreement.
IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this AGREEMENT on the date
and year first above written.
CONSULTANT:
HOUSEAL LAVIGNE ASSOCIATES, LLC.
X___________________________________________
John A. Houseal, FAICP
Principal Date:___________________
CLIENT:
City of Oshkosh
X___________________________________________
Name/Title: _________________________________ Date:___________________
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ATTACHMENT A
SCOPE OF SERVICES and HOURLY RATES
This section describes the Scope of Services for preparing the Downtown Redevelopment Visualization for
the City of Oshkosh.
Section 1:
CLIENT ASSISTANCE TO THE CONSULTANT
Whereas the scope of services will be undertaken by the CONSULTANT, it is understood and agreed that the
CLIENT will provide the following assistance to the CONSULTANT:
1. The CLIENT, with the CONSULTANT's assistance, will schedule and arrange and provide notices for all meetings and workshops including contacting agencies, individuals and citizens to be invited to meetings.
2. The CLIENT, with the CONSULTANT'S assistance, will collect and compile previously prepared and available reports, projects, studies, maps and other data owned or in control of the CLIENT and that might be useful for the project.
3. The CLIENT will provide to the CONSULTANT an up-to-date base map (electronic and hard copy), including GIS files and information.
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Section 2:
SCOPE OF SERVICES
The following scope of work outlines our process to prepare concept plans and illustrative visualizations
for redevelopment opportunities in Downtown Oshkosh. These visualizations can be used to market
redevelopment opportunities and guide decisions for potential near-term projects.
Step 1: Project Kick-off
To “kick-off” the planning and design process off on the right foot, meetings will be conducted with key
City staff prior to undertaking other steps. This step will also include field reconnaissance, review of past
plans and studies, and discussions with key stakeholders and property owners.
• 1a: Staff Kick-Off Meeting (review scope, schedule, confirm study area boundary, data collection,
etc.)
• 1b: Data Collection & Base Mapping (ownership, existing land use, current zoning, transportation,
planning influences)
• 1c. Review of Relevant Plans/Studies
o Potential Plaza Sites Assessment Document
o Tourism Assessment Document
o Imagine Oshkosh Downtown Plan
• 1d: Study Area Reconnaissance & Walking Tour with City Staff
• 1e: Stakeholder & Focus Group Meetings (up to 6)
o Business Owners & Property Owners
o Local Developers
o Downtown Partners (Business Improvement District, Oshkosh Landmarks Commission,
etc.)
Step 2: Design Typology Toolkit
The purpose of this step is to prepare a Design Typology Toolkit that will be used to inform the Downtown
Redevelopment Visualization. The Design Typology Toolkit will identify potential improvements for
privately/publicly owned parcels and the public realm. The Design Typology Toolkit will be photo/graphic
intensive with minimal text. We intend to incorporate recommendations provided in the imagine Oshkosh
Downtown Plan.
• 2a: Opportunity Sites (identify sites)
• 2b: Redevelopment Site Typology (land use recommendations and sketch initial site plans)
• 2c: Roadway Typology (approaches, function, off-street and on-street parking)
• 2d: Streetscape Typology (typologies, crosswalks, intersections, etc.)
• 2e: Downtown Plaza Programming & Design (examine potential locations, develop program,
sketch initial designs)
• 2f: Riverfront Connections
Step 3: Downtown Redevelopment Visualization
Based on City staff feedback in Step 2 we will prepare the final Downtown Redevelopment Visualization,
3D renderings, and brochure document for the City to use as marketing materials in the future.
• 3a: Draft 3D Massing Model (simple 3D massing, low level of detail)
• 3b: Final Redevelopment Plan (multiple views, up to 5)
• 3c: Brochure Document for Marketing Purposes (graphic intensive, minimal text)
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Study Area
The Study Area (outlined in yellow) will be the primary focus of the Downtown Redevelopment
Visualization including recommendations for redevelopment, streetscaping, plaza spaces, and riverfront
connections. Simple 3D massing will be provided for adjacent properties (highlighted in red) to visualize
the transition from the Study Area to surrounding areas.
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Section 3:
BUDGET & HOURLY RATES
Budget
Houseal Lavigne proposes a not to exceed amount of $59,910, including directly related job expenses.
Houseal Lavigne Hourly Rates
Principal $230-250 Senior Project Manager $180 Project Manager $145 Planner II $130 Planner I $110 Clerical/Technical $85