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HomeMy WebLinkAbout33117 / 84-20December 6, 1984 #Z� RESOLUTION (CARRIED LOST �_ LAID OVER WITHDRAWN ) PURPOSE: EXECUTE CONSULTANT CONTRACT FOR WASHINGTON AVENUE AND PAINE HISTORIC DISTRICTS INITIATED BY: DIVISION OF PLANNING AND RESEARCH WHEREAS, the City of Oshkosh has received a grant of funds from the State Historical Society through its survey and Planning Gtant Program; and WHEREAS, this grant requires the execution of a Memorandum of Agreement; and WHEREAS, the Memorandum of Agreement requires that a consultant be retained to research and develop a nomination to the National Register of the washington Avenue and Paine Historic Districts; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City Manager is hereby authorized and directed to enter into the attached a9reement with Howard Needles Tammen and Bexgendoff. BE IT FURTHER RESOLVED that matching funds are hereby appropriated from Account #321-561 Historic Preservation Planning. SUBPAITTED BY A�PROVED /G��tii.f!'�i ///-� - 23 - � ' � RESOLUTION # 20 AGREEMENT BETWEEN CITY OF OSHKOSH, i1I5CONSIN AND HOWARD NEEDLES TAMMEN & BERGENDOFF ENGINEERS, ARCHITECTS AND PLANNERS FOR PROFESSIONAL SERVICES RELATIVE TO HISTORIC DZSTRICT NOMINATIONS This A�reement entered into this day of , �ggq between the City of Oshkosh in the State of Wisconsin, herein- after designated as City and HoNard Needles Tammen � Bergendoff, a partnership, organized in accordance With the laws of the State of Misscuri, hereinafter desi�nated as Consultant, with offices at 6815 West Capitol Drive, MilWaukee, Wisconsin 53216, for en�ineering services. WITNESSETH: WHEREAS, the City is in need of professional assistance in pre- paring National Register District nominations for the Washington Avenue and Paine Historic Districts and, - 23a - J RESOLUTION # 20 WHEREAS, the Consultant signifies its willingness to provide the desired services. NOW, THEREFORE, in consideration of the premises and of their mutual and dependent agreements, the parties hereto agree as set forth on the following pages through , ahich are � -- -- annexed and made a part hereof. IN WITNESS WHEREOF, the parties hzreto have caused this Agreemznt to be executed and approved on the date hereinbefore written by their authorized officers or representatives. In Presence of: CITY OF OSHKOSH STATE OF WISCONSIN Hu'�ARD NEEDLES TAMMEN � BERGENDOFF '� � _ j� Harve K. Hammond, Associate -23b- � RESOLUTION # 20 1. GENERAL A. The work under this A3reement shall consist of performing those phases or portions of xork necessary or incidental to accomplish the description of work, which is elseNhere herein specified. B. Except for those items uhich are hereinafter designated to be furnished by the City, the Consultant shall furnish all services and labor necessary to conduct and complete the work and shall furnish all necessary materials, equipment, supplies, and incidentals. C. The Consultant shall from time to time during the progress of the work confer with the City, The Con- sultant shall Qrepare and present such information as may be pertinent and necessary or as may be requested by the City to enable it to pass critical judgment on features of the work. Following the conference, the Consultant shall make such modifications i❑ the detail of the Nork as may be found necessary. When alternatives are bein� considered, the City shall have the right of selection. D. Conferences shall be held upon the request of either party hereto. E. At the request of the City the Consultant during the pro�ress of the work sha11 furnish draft reports, maps, or other data relating to the work under this Agreeme�t as may be required to enable the City to carry out or to proceed with related phases of the project not covered by this Agreement, or Nhich may be necessary to enable the City to furnish information necessary so that the Consultant may proceed with further Nork. F. The Consultant's work will be available for inspection at 6815 West Capitol Drive, Milwaukee, �isconsin 53216. G. Compliance with all of the foredoing shall be considered to be within the p�rview of this Agreement and shall not constitute a basis for additional or extra compensation, except as otherwise noted, 2. DESCRIPTION OF WORK A. Project Znitiation At the initiation of the project, the Consultant will request a meeting with the Client and representatives of the Historic Preservation Division to discuss district boundaries and individual designations. Tnis meeting uould be held at a time convenient to all parties, fol- lowing their revieu of the existing materials. It would be a working session at which decisions Nould be made 6C - z3� - � C. 7 E. RESOLUTION # 20 about district boundaries and determinations to the best of our collective abilities. Given the very small budget for this project, we are proposing that the parameters for each district be set as quickly as possible in order that the bulk of our efforts can be directed to the nominations themselves. Update Material The Consultant survey materials the nomination, inventory cards survey. will update and upgrade the original to the extent necessary for inclusion in This includes the completion of state for any properties omitted in the 1981 Complete Nomination Forms Based on the 1g81 survey data, as upgraded, and other information relating to the historical and architectural si�nificance of the districts, the Consultant will com- plete two (2) original National Register Nomination Forms (70-900) for each of the two districts to be nominated. A draft shall be submitted to the Historic Preservation Division by April 1, 1985 With a final version due by May 1, 1985. Complete Required Photography 1) Black and White Photography The Consultant will provide tao 5" x �" black-and- white photographic prints of each contributing and non-contributin� property in each of the proposed districts, as well as representative buundary and streetscape shots. Each photo will be keyed and numbered to the district map as described below. Photographs uill be labeled as per the specifications of the Historic Preservation Division and the National Register. Z) 35mm Slide Photography The photographs described in the previous section will be duplicated in 35�m color slide format. In addition, this coverage will include tne entire district, notable interiors and special landscaping features. A series of slides outlining coinparable properties will also be submitted. Complete District Mappin� The Consultant shall supply an original USGS quadrangle map and district map for each of the two districts. The original of the district maps will be on mylar, Mapping will meet the specifications of the Historic Preservation Division and the National Reaister. The mylar original and ooe print of each District map will be delivered to -2- - 23d - � RESOLUTION # 20 the Historic Preservation Division with a second print of each District indicating photo angles. F. Meetings The Consultant will attend the following meetings for which all arrangements will be made by the City. The Consultant uill not prepare exhibits for sessions or obtain speakers. Any activities beyond simple attendance and participation in the meeting, per se, shall be con- sidered as extra services. 1) A public meeting held approximately one month prior to the scheduled Review Board meeting, 2) Lead tour held for the RevieW Board members to become acquainted with nominated districts. 3) A public education conference sponsored by the City during the course of the project. 4) A project initiation meeting as described in 1. above. 5) Present the nominations to the Review Board. G. Amendments to Nomination Tne Consultant is responsible for making reasonable amendments to the Nominations as required by the State Historical Preservation Review Board and National Park Service and submitting such amendments to the Historic Preservation Division in appropriate format. Other revisions shall proceed under the terms of 16. H. Schedule HNTB is prepared to meet all deadlines indicated in the City's Request for Proposal, beginnin� work on receipt of The City's Notice to Proceed, with project completion by May 1, 1985. 3• THE CITY'S RESPONSIBILITIES To the extent available, the City shall furnish without charge to the Consultant the following: A. Existing reports, maps, and other data pertaining to the proposed project. B. Existing maps of the project area, street maps, existing and proposed street cross sections. -3- - 23e - RESOLUTION # 20 C. The City shall examine documents submitted by the Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the pro3ress of the Consultant's service, D. The City shall furnish information required of it as expeditiously as ❑ecessary for the orderly progress of the work. E. Develop Current List of Property Owners It is proposed that the City provide the Consultant with a current list of all property oaners in each District. 4. PROGRESS REPORTS Tye Consultant shall submit monthly progress reports, which shall present in form acceptable to the City a record of the work by phase accomplished by the Cons�ltant. The report shall also compare actual progress to that scheduled and shall explain What work is planned for the next reporting period. 5. PROGRESS PAYMENTS As the Work progresses, progress payments shall be payable monthly, all in accordance with progress reports submitted to and approved by the City. Znvoices are due and payable upon receipt. Any amount unpaid sixty days from the date of the invoice shall be increased at the rate of 1% per month for each month or part of the month the amount remains unpaid, except for the final payment. , 6. COMPENSATION Paybent to the Consultant for all work performed in accord- ance with this Agreement shall be on the basis of direct payroll times a multiple of 2.56 plus direct expenses in an amount not to exceed $4,500. Direct expenses are in addition to compensation to the Consultant for his direct services and include expenditures made by the Consultant, his employees or his subconsultants in tha interest of the project. Direct expenses incl�de but are not limited to: A. Expense of transportation, subsistence and lodgin� uhen traveling in connection with the project. B. Expense of all reproduction, postage and han�ling of drawings, specifications, reports or other project- related work products of the Consultant. -4- - 23f - _,,� RESOLUTION # 20 C. Expense of computer time. The City shall keep a ten percent retaina3e not subject to the one percent interest of five above of total fee (five percent for each District) until said nominations are acceptable to the Historic Preservation Division of the State Historical Society of Wisconsin. 7. ASSIGNABILITY The Consultant shall not have the right to assi3n or subcon- tract this Agreement, or any part or portion thereof, without having in advance of any such assignment or subcontracting the Written consent of the City. 8. AMENDMENTS This Agreement constitutes the entire agreement between the parties, and it shall not be subject to amendment by word of mouth or course of dealing or practice, but shall be amended only by a subsequent agreeaent in writing subscribed by the parties hereto. 9. INDEMNITY The Consultant shall indemnify and save harmless the City against all liability claims, actions, judgments, costs and expenses, which may in anyway come against them in conse- quence of the execution and performance of this Agreement as a result of the negligence of the Consultant and his employees. 10. WORKER'S COMPENSATION, SOCIAL SECURITY, AND UNENPLOYMENT TAXES As between the City and the Consultant, this is intended as, and is an independent Agreemeni. No partner or employee of the Consultant shall, by reason of this Agreement, become an employee of the City, The Consultant hereby expressly agrees to carry Worker's Compensation Insurance for the benefit of his employees enga3ed in work under this Aareement, in an insurance company duly licensed to transact the business of Worker's Compensation in the State of Wisconsin. The Con- sultant shall pay, xhen due and payable, the Social Security and unemployment taxes imposed by law. 11. DEATH OF PARTNER In the event of the death or incapacity or inability or any other reason of any of the Partners to participate in the performance of the work, the surviving Partners shall complete the work as required under this A�reement. -5- - 23g - � RESOLUTION # 20 12. TERMINATZON Tne City reserves the ri�ht to terminate this Agreement at any time by giving the Consultant thirty (30) days' written notice of sueh termination, addressed to this Milxaukee office. In the event of said termination, the City shall be liable only for the "reasonable value of the services rendered" to the date of termination and based upon fees described herein, plus Termination Expenses. "Reasonable value of services rendered" means dollar value of the percentage of compensation as set forth in six, In the event of termination or completion of this Agreement, all the original documents shall be surrendered to the City by the Consultant. 13. FINAL SETTLEMENT Unless the Agreement has been terminated prior to the completion of the work as hereinbefore provided, the A3ree- ment shall be considered terminated upon completion and acceptance of the Nork, or upon final payment therefor, The City shall have the ri3ht and pow2r to adjust and determine, finally, all questions as to the proper perform- ance of this Agreement. Should the parties hereto fail to reach agreement on any questions, ahatever they may be, not included under the terms of the preceding paragraph, any controversy or claim arising out of or relatin� to this Agreement, or breach thereo'f, shall be settled by arbitra- tion. The procedure in any arbitration proceeding or proceedings shall be governed by the applicable provisions of Chapter 788 of the Wisconsin Statutes and acts and laNS amendatory thereof and supplemental thereto, and such arbitration provisions of the Wisconsin Arbitration Statutes. All expenses incident to any arbitration proceeding or proceedings shall be paid in equal shares by the parties. 14. ACCESS TO RECORDS The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred. These materials snall be available for inspection at all reasonable times during the Agreement period and for three years from the date of final payment under the Agree- ment. Copies shall be furnished if requested, 15. OWNERSHIP OF DOCUMENTS Within 30 days of completion or termination of this A3ree- ment, the original plans and copies of notes, studies, reports, maps, photographs and negatives, etc., shall be � - 23h - � RESOLUTION # 20 delivered to and become the property of the City. Any reuse of the documents on extensions of the project or on any other project uithout the xritten peraission of the Consultant and any revisions to the documents by other than the Consultant shall be at the City's risk and shall not constitute any liability on the Consultant, Any reuse or adaptation of the Consultant's documents occurring after the completion of this written Agreement with the Consultant shall entitle the Consultant to further compensation in amounts to be agreed upon by the City and the Consultant. 16. EXTRA WORK In case it is advisable or necessary in the execution of the uork to make any alteration Which Will increase or diminish the quantity of labor or material or the expenses of the aork, such alteration shall not annul or vitiate the A3ree- ment. The Consultant shall furnish the necessary labor, material, and engineering knowledge to complete the work as altered Within the tiae limit originally specified or as extended by the City. Alteration in the Nork under the Agreement shall be author- ized by a written order from the City. When, in the opinion of the Consultant, such order involves extra work for which the Consultant in his opinion xill require added compensa- tion, the Consultant shall submit a request in writin3 to the City requesting payment for such work, The City shall revieN the Consultant's submittal and, if acceptable, issue a letter form change order as an amendment to this Aareement, Work under such change order shall not proceed unless and until so authorized by the City. The basis of payment or credit resulting from such altered w�rk shall be made on a lump sum fee basis. 17. NONDISCRIMINATION IN EMPLOYMENT During the performance of this Agreement, the Consultant, for its2lf, its assi3nees and successors in interest agrees as follows: In connection with the performance of work under this Agreement, the Consultant agrees not to discriminate against any employee or applicant because of sex, a�e, race, religion, creed, color, handicap, physical condition, veteran status, or national origin. This provision shall include, but not be limited to the folloNing: enployment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Consultant further agrees to take affirmative action to ensure equal employment opportunities for persons with dis- abilities. The Consultant agrees to post in conspicuous places, available for employees and applicants for employ- ment, notices to be provided by the City, setting forth the provisions of the nondiscrimination clause. -7- - z3i - .�. RESOLUTION # 20 18. EQUAL OPPORTUNITY POLZCY The Consultant will not discriminate a3ainst any employee or applicant for eroployment because of sex, age, race, religion, creed, color, handicap, physical condition, veteran status or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, age, race, religion, creed, color, handicap, physical condi- tion, veteran status or national origin. Such action 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, includin3 apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City settin3 forth the pro- visions of this nondiscrimination policy. By accepting this A3reement, the City acknoWledges compliance with Executive Order 11246 of September 24, 7965 and with rules, re3ulations and orders pursuant thereto. 19. PROJECT REPRESENTATION BY THE CITY The City shall appoint a Project Coor�inator who shall be the City's representative for the term of this Agreement. When a Project Coordinator is appointed, the City shall inform the Consultant in writing of the Coordinator's nane, address and telephone number. The Project Coordinator shall have com- plete authority to transmit instructions, receive infor�a- tion, interpret and define City's policies and decisions with respect to materials, equipment elements and systems perti- nent to the work covered by this Adreement. 20. PROJECT REPRESENTATION BY THE CONSULTANT Charles W, Causier shall be the official representative fur the Consultant throu�h whom the work Will be coordinated and administered. 21. The City of Oshkosh, the State of Wisconsin, the Depart:nent of the Interior, the Coinptroller General of the United States, or any other duly authorized representative, shall have access to all records Which relate to the project, for audit purposes. 22. This pro3ram receives financial assistance for identification and preservation of historic properties. The United States Department of the Interior prohibits discrimination on the basis of race, color, national origin or handicap. If you �� - 23J - �. RESOLUTION � 20 believe you have been discriminated a3ainst in any prograin, activity or facility in this program, or if you desire further infor9ation please write to: Director, Office for Equal Opportunity, United States Department of the Interior, Washington, D. C. 20240. 23. The following standard acknowledgevent shall be printed in any publication resulting from this contract on the title pa3e or on a separate page immediately folloxing the title pa3e: "This project has been funded with the assistance of a grant—in—aid from the United States Department of the Interior, National Park Service, under supervision of the National Historic Preservation Act of 1966, as amended. Historic preservation grants and aid are administered in Wisconsin in conjunction with the National Register of Historic Places Program by the Historic Preservation Division of the State Historical Society of Wisconsin, HoWever, the contents and opinions contained in this publication do not neces— sarily reflect the views or policies of the Department of the Interior or the State Historical Society of Wisconsin." HNTB No. 0170 (CONPRO-3/22) �� - 23k - � �d N• � cr c� �c � m � C� C " � � �- c� m � �y � � rn (� ,. � � � � � 0 �� ao H O r� z d.. ad <c o m �v m y rn z 0 m � ,. N x�r� r• w x m m m cr �' (� O F'• G �s � �r N•o4 m c� cr O C� l7 � O �• � N a� �* c � � $ N F� F'• p1 cr ocw �r m � m ct � � roo w� N• �r � �s �w � cr M O r1 � m � � N 0