HomeMy WebLinkAboutHouseal Lavigne Associates Sawdust District Special Area Plan . 13 a 3
AGREEMENT
This AGREEMENT, made on the 3Y6 day of 56t , 2019, by and
between the CITY OF OSHKOSH, party of the first part, hereinaffe+ 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 documentation preparation and development
standards of the Sawdust District 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:
JOHN HOUSEAL - 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:
MARK LYONS —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 of the proposal dated May 24th, 2019. 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.
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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
OCTOBER 1 , 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 5/24/19
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 $22,560 (TWENTY TWO THOUSAND FIVE HUNDRED SIXTY
DOLLARS 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
By:
(Seal of Consultant
if a Corporation) John Houseal, Principal
By: ` !�'N�Lc�
I�KafT� I &AtPima Pit-
(Specify Title)
CITY OF OSHKOSH
Gti By:
ess) h Mark ,4. Rohloff, City Manag
J
(; /"' And:
i ness) Pamela R. Ubrig, City Cler
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
ity ttorney
J1tC(xJ Q '� rr
City Comptr r
PLANNING DESIGN DEVELOPMENT
MEMORANDUM
Date: May 24,2019 SENT VIA EMAIL
HOUSEAL
LAVI G N E To: Darryn Burich, Planning Director
ASSOCIATES City of Oshkosh
From: John Houseal, FAICP, Principal I Cofounder
Nik Davis, Principal
Re: Sawdust District Plan- Document Preparation and Development Standards
Scope of Work and Anticipated Project Budget
The intent of this engagement is to further development the incomplete working draft of the Sawdust
District Special Area Plan,which has been developed by City staff, into a refined and complete plan
document.The Plan will essentially be organized into three(3)primary components-land use and
development framework,transportation and mobility framework,and an urban design framework.
Preparation of the Plan will require refinement and editing of existing text and graphics related primarily
to land use and functional subareas,and the development of new text, maps,graphics and imagery for
transportation and mobility,urban design,and creation of design/development standards.The starting
point for developing the urban design and transportation related components will be to draw content
from the Imagine Oshkosh Center City Plan and the work Houseal Lavigne is currently undertaking for
the Sawdust District plan update and visualization along the Main Street Corridor.
Scope of Work
Step 1:Review and edit as needed existing Sawdust District Plan woridug draft content
- Review existing working draft of the Sawdust District Plan, including organization,text, photos,
maps, images,etc.
- Clarify with City staff any issues of content, intent,or messaging
- Make appropriate changes based on staff feedback
Step 2:Develop plan content for transportation,urban design,and land use and development frameworks
- Develop Frameworks for Land Use,Transportation,and Urban Design
- Existing content from Imagine Oshkosh and the Sawdust District visualization up will be utilized
to the extent possible while developing the urban design and transportation components
- City staff review
-- Revised Framework Plan based on staff feedback
Step 3:Prepare design/development guidelines and standards
Develop preliminary design and development guidelines/standards, utilizing existing plan
content to the extent possible
- City staff review of preliminary guidelines/standards
- Revised guidelines/standards based on staff feedback
Step 4:Anal Plan Document
- Prepare Draft Sawdust District Special Area Plan
- City staff review of Draft Pan
- Prepare final Sawdust District Special Area Plan based on staff feedback
HOUSEAL LAVIGNE
ASSOCIATES,LLC Anticipated Project Budget
CHICAGO,IL Our anticipated project budget for the Sawdust District Special Area Plan is$22,560.
188 West Randdph Street Site 200
Clicago,
(312)372-1008
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