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HomeMy WebLinkAboutProfessional Services Agreement with Peter Werwath for an updated Affordable Housing Needs Assessment Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim McHarg, Planning and Community Development Director SUBJECT: Authorize City Manager to sign Professional Services Agreement with Peter C. Werwath for the preparation of updated Affordable Housing Needs Assessment MEETING DATE: November 7, 2011 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize City Manager to sign Professional Services Agreement with Peter C. Werwath for the preparation of updated Affordable Housing Needs Assessment BACKGROUND: On July 18, the City Commission approved a request from the Community Affordable Housing Advisory Board (CAHAB) to allocate recycled funds from the Community Development Block Grant (CDBG) program to update the City’s Affordable Housing Needs Assessment and develop a 5-year housing plan. The goal of the updated study is to provide the citizens, local officials, affordable housing providers and other stakeholders with more current information resulting in policies focusing on the community’s greatest needs and measurable, well-defined outcomes. The City has conducted an open request for proposals to select a consultant to assist in the preparation of an updated Needs Assessment. The selection committee has chosen Peter C. Werwath (dba Werwath Associates) as the firm to perform the work and a professional services agreement has been negotiated. To finalize the agreement and begin the work, the City Commission must authorize the City Manager to sign the professional services agreement. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: The City Commission could decline to approve the agreement and direct an alternate selection process. FISCAL EFFECTS: This item is currently budgeted and will be paid for by recycled funds from the Community Development Block Grant (CDBG) program. The total amount of the contract is $30,000. Attachments: Professional services agreement Report compiled on: October 25, 2011 16 PROFESSIONAL SERVICES AGREEMENT FOR AFFORDABLE HOUSING CONSULTING SERVICES This Agreement is made this _____ day of November, 2011, by and between CITY OF BOZEMAN, P.O. Box 1230, Bozeman, Montana, 59771-1230, a Municipal Corporation of the State of Montana, ("City"), and Peter C. Werwath, P.O. Box 946, Columbia MD, 21044 ("Consultant"). RECITALS A. City desires to employ Consultant to furnish specific professional services related to affordable housing and real estate analysis. B. Consultant agrees to furnish such services in accordance with the conditions herein provided and will carry out the duties and obligations imposed by the Contract. C. The City of Bozeman designates the Director of Planning and Community Development as the representative to administer this contract. D. Articles 1, 2, 5 and 14 of this agreement allow for revision upon mutual written agreement of the parties. AGREEMENT Subject to the provisions herein set forth and in consideration of the mutual covenants herein contained, Consultant agrees to furnish, and the City agrees to accept, certain specified services and products to include preparation of an affordable housing needs assessment and five year housing work plan, more fully described in Attachment A. Such services and products shall be referred to as the Work. The Work consists of two (2) phases, as described in Attachment A. By agreement of the City and Consultant, results from Phase 1 shall be evaluated by the City prior to the Consultant proceeding with Phase 2. Upon determination by the City, in its sole discretion, that the results from Phase 1 are satisfactory, the Consultant shall proceed with Phase 2. All services described herein are to be performed by Consultant and/or its Contractors in accordance with the most commonly accepted standards and practices of the affordable housing field. Consultant will use final product technologies that are acceptable to the City in order to satisfy the broadest distribution of the Work possible. Article 1. CONTRACT TIME. The Work will be completed within 270 calendar days after the date of this agreement. The total time may be adjusted at the mutual written agreement of both City and Consultant. Article 2. CONTRACT PRICE. The CITY shall pay CONSULTANT for performance of Phase 1 of the Work in accordance with the Documents the total sum (subject to adjustment as provided in the Contract Documents) of Twenty Thousand Three Hundred Dollars ($20,300). If the CITY authorizes CONSULTANT to proceed with Phase 2 of the Work, the CITY shall pay CONSULTANT for performance of Phase 2 of the Work in accordance with the Contract Documents the total sum (subject to adjustment as provided in the Contract Documents) of Nine Thousand Seven Hundred Dollars ($9,700). CONSULTANT recognizes that the total sums for Phases 1 and 2 are the aggregated amounts for all services described in the scope for Phases 1 and 2 in Attachment A. OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance 17 with this agreement. The total sum may be adjusted at the mutual written agreement of both City and Consultant. Article 3. PAYMENT PROCEDURES. CONSULTANT will present one invoice for each phase of work, which will be paid by City upon satisfactory completion. Article 4. CONSULTANT’S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONSULTANT makes the following representations: 4.1 CONSULTANT has familiarized himself with the nature and extent of the Contract, Work, locality, and with all local conditions and federal, state and local laws, growth policies, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 4.2 CONSULTANT represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. Article 5. SCOPE OF WORK The Work shall consist of the preparation of the work described in the Scope of Services contained in Attachment “A”. If CITY wishes CONSULTANT to perform additional services, CITY shall so instruct CONSULTANT in writing. The performance, cost, and time frame of the additional services shall be subject to mutual written agreement of both City and Consultant. Article 6. INSURANCE CONSULTANT agrees to keep in force during the entire period of this Agreement professional liability insurance and such general liability insurance as will protect it and the City from claims, including claims under worker's compensation and other employee benefit laws that are applicable, for bodily injury and death, and for property damage that may arise out of work under this agreement whether directly or indirectly by CONSULTANT, or directly or indirectly by sub- Contractors hired by CONSULTANT. Minimum liability limits shall not be less than $1.0 million general liability and $1.0 million automobile liability. CONSULTANT shall provide proof of workers compensation insurance at the State statutory limits, unless CONSULTANT provides an exemption from the State Department of Labor & Industry. The City has the right to require that the City be named as an additional insured under said insurance coverage. Article 7. INDEMNITY Consultant shall indemnify, defend and hold harmless the City, its officers, directors, and employees, against any and all claims, that arise from the negligent performance of the Consultant’s work herein described. The obligations of the Consultant to indemnify, defend and hold harmless the City of Bozeman will apply to any suit, cause of action, claim, loss, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising from the negligent acts, errors or omissions of the Consultant. The indemnity required herein shall not be limited by reason of the 18 specification of any particular insurance coverage in this Agreement. Article 8. INDEPENDENT CONTRACTOR CONSULTANT acknowledges that the services rendered under this Agreement shall be solely as an independent Contractor. CONSULTANT shall not enter into any contract or commitment on behalf of City. CONSULTANT further acknowledges that it is not considered an affiliate or subsidiary of City, and is not entitled to any City employment rights or benefits. It is expressly understood that this undertaking is not a joint venture. Article 9. GRANT / WORK MADE FOR HIRE To the extent that CONSULTANT‘S Work includes any work of authorship entitled to protection under the copyright laws of the United States or elsewhere, the parties agree that: CONSULTANT'S Work has been specially ordered and commissioned by the City as a contribution to a collective work, a supplemental work, or such other category of work as may be eligible for treatment as a "work made for hire"; CONSULTANT is an independent Contractor and not an employee, partner, joint author or joint venturer of the CITY; CONSULTANT'S Work shall be deemed to be a "commissioned work" and a "work made for hire" to the greatest extent possible under the law; and the CITY shall have the right to use, execute, reproduce, display, perform, distribute internally or externally, and prepare derivative works of the CONSULTANT'S Work. To the extent that CONSULTANT'S work is not properly characterized as a "work made for hire," then CONSULTANT shall, at its own expense, cause the CITY to have and obtain the right and license to use, execute, reproduce, display, perform, distribute internally or externally, and prepare derivative works based upon all such works and derivative works thereof and shall provide to the CITY a written license granting the CITY such rights. It is the intent of the parties that the specific work subject to said license shall be comprised of text, illustrations, calculations, photographs, and all other works Consultant copies that may belong to third parties for which license for use is required. Article 10. OFFICE RULES CONSULTANT shall comply with all office rules and regulations, including security requirements, when on City premises. Article 11. CONFLICT OF INTEREST CONSULTANT shall not offer or give a gratuity of any type to any City employee or agent. Article 12. NON-DISCRIMINATION CONSULTANT hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability in the performance of work performed for the city of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of CONSULTANT’S employees and to all subcontracts it enters into in performance of the agreement with the city of Bozeman. Article 13. GOVERNING LAW This Agreement shall be construed and enforced in accordance with the laws of the State of Montana. In the event of dispute regarding the terms of this Agreement, the parties agree to attempt mediation of the conflict prior to pursuing litigation. Venue shall be in Gallatin County, 18th Judicial District. 19 Article 14. ENTIRE AGREEMENT AND NOTICE This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. CONSULTANT By:____________________ Peter C. Werwath CITY OF BOZEMAN By:____________________ Chris Kukulski, City Manager City of Bozeman ATTEST: Stacy Ulmen, City Clerk 20 ATTACHMENT A: AFFORDABLE HOUSING NEEDS ASSESSMENT SCOPE OF SERVICES Phasing of Work: The work will be conducted in two phases. Phase 1 will consist of an affordable housing needs assessment, establishment of baseline available rental and ownership housing, analysis of gaps in housing programs and stock, and development of mechanisms to define price points for affordable rental and ownership housing. Upon completion of Phase 1, the results shall be evaluated by the City prior to the Consultant proceeding with Phase 2. Upon determination by the City, in its sole discretion, that the results from Phase 1 are satisfactory, the Consultant shall proceed with Phase 2. Phase 2 will be the development of a 5-year housing plan and implementation strategies. Proposed Outcomes: The contractor will assist the CAHAB and City of Bozeman in meeting the following outcomes: Phase 1: • To conduct a baseline assessment of affordable housing in the City including rentals and ownership units; • To evaluate affordable housing needs in the community; • To evaluate the value and effectiveness of affordable housing delivery systems and programs available to City residents • To identify gaps in affordable housing stock and programs; • To provide mechanisms for establishing affordable rental and ownership price points. Phase 2: • Creation of a 5-year housing work plan and strategies for implementation by the City; • Adoption of a comprehensive affordable housing policy that addresses needs across the housing continuum and prioritizes responses to those needs. These responses could potentially include, but are not limited to: Workforce Housing, Inclusionary Zoning, Expansion of homeownership programs (education, down-payment assistance programs), expansion of subsidized rental housing opportunities, and/or long-term funding and strategies for mobile/manufactured home communities; • Assistance in identification of affordability price points for rental and homeownership housing and development of market trigger points in application of policy(ies); • Assistance with improvement of workforce housing ordinance outcomes; • Identification of affordable housing funding priorities for City, State and Federal funding requests. Public Participation: It is expected that the contractor will work closely with the CAHAB, City staff, interested organizations, and the public to complete the proposed work. Phase 2 in particular will require extensive public input. The contractor should be prepared to commit to a meaningful public process that is transparent and understandable to the community. 21 Reports and Meetings: The following meetings and draft documents are expected as a part of this process. Multiple meetings may be held on a single date. Community Affordable Housing Advisory Board • Initial meeting to introduce process • Meeting to produce rough draft of Phase 1 • Meeting to discuss Phase 2 outcomes based on Phase 1 progress (joint session w/ City Commission) • Meeting to review rough draft of 5-year plan (if necessary) City Commission • Meeting to discuss Phase 2 outcomes based on Phase 1 progress (joint session w/CAHAB) • Formal presentation of Phase 1 report (can be combined with Phase 2 report if scope of contract is expanded to include Phase 2) The contractor should expect to work closely with City Planning and CAHAB staff throughout the work process. Deliverables: Two hard copies and one PDF version of all preliminary and final drafts shall be provided to CAHAB and City planning staff. All documents shall be provided at least 14 working days prior to any public hearing or meetings with the City Commission in an electronic format approved upon by the City. All work submitted shall become property of the City of Bozeman. Key Dates Phase 1 work period Nov. 1, 2011 – Jan. 31, 2012 Phase 1 report due January 20, 2012 Upon completion of Phase 1, the results shall be evaluated by the City prior to the Consultant proceeding with Phase 2. Upon determination by the City, in its sole discretion, that the results from Phase 1 are satisfactory, the City will give Consultant a notice to proceed with Phase 2. The key dates for the expanded scope of work are as follows: Notice to proceed for Phase 2, by City February 3, 2012 Phase 2 work period February, 2012 – April 2012 Public comment on Phase 1 and 2 reports March, 2012 – May, 2012 CAHAB recommendation June, 2012 Adoption of final plan by City Commission June, 2012 22