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HomeMy WebLinkAboutHouseal Lavigne Associates 1 � Fe' - AGREEMENT CAI 1 1 2019 CITY CLERK'S OFFICE This AGREEMENT, made on the le day of i►16Eg._ , 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HOUSEAL LAVIGNE ASSOCIATES, LLC, 188 W. Randolph Street, Suite 200 Chicago, Illinois 60601, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for the Sawdust District Illustrative Redevelopment Plan. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: DEVIN LAVIGNE- PRINCIPAL 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. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: DARRYN BURICH —PLANNING SERVICES MANAGER ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Scope of Work Steps 1-4 and Option 1 of the proposal dated December 11, 2018. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re- perform any services not meeting this standard without additional compensation. ARTICLE V. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others that the CONSULTANT reasonably relied upon and that are incorporated into the record drawings. ARTICLE VI. 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. ARTICLE VII. TIME OF COMPLETION All work to be performed under this contract shall be completed on or before February 28, 2019 unless the parties agree in writing to extend this date. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE VIII. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. CONSULTANT's Scope of Services dated 12/11/18 In the event that any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE IX. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Lump Sum of $12,500 (TWELVE THOUSAND FIVE HUNDRED AND 00/100 CENTS). B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (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. ARTICLE X. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT 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 adjudged 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 for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XI. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements for Professional Services. ARTICLE XII. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (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. ARTICLE XIII. RE-USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. ARTICLE XIV. SUSPENSION, DELAY, OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. ARTICLE XV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: HOUSEAL LAVIGNE ASSOCIATES, LLC 19.4-V`►CL C • bf, By: 4205----0. eipiramwr of Consu ' t a`a. Devin Lavigne, Principal PATRICK C KEEFE Official Seal Notary Public -State of Illinois By: 4tHr? My Commission Expires Jun 27, 2022 btu 4L t .ocAS briv(47 (Specify Title) CITY OF OSHKOSH (Witness) Mark A. Rohloff, City M nager o, / A ,• p And: Lisa)-Y-) (Witness) Pa ela R. Ubrig, City lerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which /6k will accrue under this AGREEMENT. City Attorney City Comptro r PLANNING DESIGN DEVELOPMENT = MEMORANDUM _ Date: December 11, 2018 SENT VIA EMAIL HOUSEAL LAV I G N E To: Darryn Burich, Planning Director ASSOCIATES City of Oshkosh From: Devin Lavigne,Principal I Cofounder Nik Davis,Principal Re: Sawdust District Illustrative Redevelopment Plan Scope of Work and Anticipated Project Budget The project goal is to build off of recent success in the area and create detailed illustrative visualizations depicting the redevelopment of 0shkosh's Sawdust District and surrounding area.The final product will include illustrative views of the updated Sawdust District,enhanced Main Street cross sections,and redevelopment opportunities for blocks fronting Main Street. Scope of Work Step 1:Data Collection&Preplanning — la: Client meeting/conference call to confirm project boundary and project goals for the Sawdust District,Main Street,and blocks fronting Main Street. — 1b:Establish project base(starting with the existing 3D model,we'll compile GIS data,cad files,and aerial photography) Step 2:Conceptual Site Plan Development — 2a: Develop Conceptual Site Plans for the following areas: o Sawdust District o Main Street roadway cross section o Blocks fronting Main Street between the Fox River and 17th Street — 2b:Client meeting/conference call to discuss Conceptual Site Plans — 2c: Refine Conceptual Site Plans — 2d:Screen-share to present Preferred 2D Conceptual Site Plan to client for review Step 3:Draft 3D Model&Redevelopment Plan — 3a: Develop an initial 3D massing model,identify potential views,and send to client for review — 3b:Client meeting/conference call to discuss Initial 3D massing model and potential views — 3c: Develop illustrative 3D model based on client review — 3d: Refine 3D model and add details(e.g.building details,textures,entourage,environment, roadway configurations,etc.) — 3e:Export preferred views,make post-export adjustments(Adobe Photoshop),and develop spreads with callouts(Adobe Illustrator and InDesign) — 3f:Client meeting/conference call Step 4:Flnal Illustrative Redevelopment Plan — 4a: Refine 3D model,update spreads and callouts based on client and internal comments — 4b. Export final views and make refinements in Adobe Photoshop and Illustrator — 4c:Prepare final illustrative visualizations and delivery to client HOUSEAL LAVIGNE ASSOCIATES, LLC CHICAGO,IL 1S8West Randolph Sheet,Suite 200 Chicago,Illinois WW1 (312)372-1008 1 rw.w.hlplanning.cam intotkelanningcom PLANNING DESIGN DEVELOPMENT r ET Anticipated Project Budget Our anticipated project budget for the Sawdust District Illustrative Redevelopment Plan is$10,000.The final product and deliverable for this project will be high-resolution exports(jpeg and/or PDF images). HOUSEAL LAVIGNE options ASSOCIATES 1. Street-level views of Main Street(would require refined 3D model work after the client selects preferred views) Estimate:$2,500 2. Online Interactive Model(Esri Webscene) Estimate:$2,500 3. Multi-Patch,3D Geodatabase that can be used in GIS applications Estimate:$2,500 HOUSEAL LAVIGNE ASSOCIATES, LLC CHICAGO,IL 188 West Randolph Street Sude 200 Chicago,Illinois 60601 (312)372-1008 2 mv.hIplanning.com infa?hiplanningcom