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HomeMy WebLinkAboutThomason and Associates - Professional Services - 3/13/2006 3-/3'0-L ;10 CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN Thomason and Associates, P.O. Box 121225, Nashville, TN 37212, hereafter referred to as Consultant, and the City of Waterloo, Iowa, 715 Mulberry Street, Waterloo, Iowa, 50703, hereafter referred to as Client. WHEREAS, Client is desirous of engaging Consultant to assist with the completion of services as outlined in Article I, Scope of Work: A Comprehensive Historic Preservation Plan of Waterloo, Iowa. NOW, THEREFORE, the Client and Consultant agree to the terms presented as follows: ARTICLE I: SCOPE OF WORK Thomason and Associates will complete the Comprehensive Historic Preservation Plan within the following Scope of Work: ■ The City's existing comprehensive plan, municipal code and other city ordinances and planning documents will be reviewed and assessed regarding their approach and impact to historic preservation in the community. ■ The relationships between the City's Historic Preservation Commission (HPC), the Planning, Programming & Zoning Commission, the Board of Adjustment, and other local boards and commissions will be reviewed and assessed. This review will focus on how effective these boards and commissions interact and recommendations for better communication and process. ■ The Consultant will review any existing preservation incentive programs in the City and their usefulness. The Consultant will also recommend programs in place in other communities which have proved especially positive such as fapade grants or loan programs, easements, revolving funds, tax abatements, and paint and tool programs. ■ A number of states and communities have established programs to assist in the training and promotion of traditional crafts such as plaster repair and window repair. Methods to encourage local contractors in proper historic rehabilitation techniques will be discussed and presented. ■ The real estate community is an important professional sector for encouraging historic preservation. However, there is often a disconnection between Realtors and historic preservation advocates. The Consultant will examine programs which have been effective in other communities to bridge this gap and assist Realtors to recognize the economic value in marketing historic properties. ■ The City's current historic property survey will be assessed as to its usefulness, comprehensiveness, and needs for future updates. 1 ■ Waterloo currently has eighteen properties listed on the National Register of Historic Places. These include the Highland Historic District and individual properties including residences, schools, and the Waterloo Freight Depot. The Consultant will conduct a reconnaissance level survey to identify additional potentially eligible districts and properties in the City. ■ The advocacy for historic preservation in the community will be reviewed and assessed. The Consultant will present methods to increase the public's awareness of the importance and impact of historic preservation. ■ The Consultant will review the existing local zoning regulations governing historic preservation and work with the HPC and City staff to examine the following issues regarding the ordinance; ➢ A review of overall HPC functions and operations. ➢ What works well and what areas could be improved upon? ➢ How can the approval process be made as "user friendly" and streamlined as possible? ➢ How is the HPC regarded in the community and how can its important work be better understood and appreciated? ➢ What public relations activities could be conducted to strengthen the HPC and public understanding of its roles and responsibilities? A review of enforcement procedures to ensure work in the historic district is performed correctly. y Other operational or procedural issues identified in the review. ■ The Consultant will work with the HPC to review the existing design review guidelines and will recommend modifications based on new building materials or any changes in the approach to specific design guidelines. ■ The Consultant will provide in the Plan a section which outlines the economic benefits of historic preservation. The Consultant will discuss how the federal and state historic tax credits work and the rehabilitation and review process. Studies from across the country will be utilized to document the effects of historic preservation on overall community economic development, real estate values and resale values, and heritage tourism. Future demographic trends will also be discussed and how they are expected to have a positive impact on downtown revitalization and inner city neighborhoods. This information will be presented by the Consultant at the public meetings during the project. ■ To facilitate the historic preservation planning process, the Consultant will hold three public meetings during the course of the project. The first would be at the initiation of the project to outline the scope of work and solicit input from interested citizens. The second meeting would take place as the Draft Historic 2 Preservation Plan nears completion to present its initial findings and recommendations. The third would be at the conclusion of the project when the Final Waterloo Comprehensive Historic Preservation Plan is presented to the City. ■ During the course of the project the Consultant proposes providing an email link on the City of Waterloo website to facilitate communication with the HPC, staff and interested citizens. The Consultant would also work with the City of Waterloo on adding a section on the Comprehensive Historic Preservation Plan to the website if so desired. ■ The final product for this project would be a Comprehensive Historic Preservation Plan which presents the above scope of work. This report will be printed in color and in an attractive and easy to follow format. Five copies of this report will be presented at the conclusion of the project along with electronic copies in Microsoft Word for ease of printing additional copies. ARTICLE II; PROJECT SCHEDULE All of the tasks will be completed within a six-month schedule from the date of a notice to proceed. The project would be initiated in February of 2006 and all work would be completed by August of 2006. ARTICLE III: FEE Thomason and Associates will complete the above described scope of work for a fee not to exceed twenty-four thousand, four hundred ninety dollars ($24,490.00). This fee includes all labor and expenses for the project. ARTICLE IV: BILLING PROCEDURES AND PAYMENT TERMS A. Billing Procedures Consultant will present invoices based on actual expenses at the end of each four-week billing period. B. Payment Terms Payments shall be made within thirty days upon receipt of invoice. ARTICLE V: CLIENT'S RESPONSIBILITIES A. Designate a representative to act in its behalf with respect to this project. B. Promptly report verbally and in writing to the Consultant any fault or defect in the Consultant's services. 3 ARTICLE VI: OWNERSHIP OF DOCUMENTS All drawings, specifications, reports, and other products of the Consultant's work shall Pre of Work and andremain the is completed. The Conof sultant shall be fent upon ree nto utse copies offor the pthe p oducts the prom p promotion of its business unless otherwise directed by the client. ARTICLE VII: TERMINATION OF AGREEMENT A. Client may terminate the Consultant's services under this contract upon paying sums due Consultant as set forth in Paragraph D, below, and after giving 10 days prior written notice stating the reason for such termination. B. Consultant may terminate its services under this contract without liability for damages if not compensated pursuant to the terms of Article IV, Paragraph B, or upon material breach of contract by the client. C. If the project is suspended by the Client for a period of over 60 days, Client shall make payments pursuant to Paragraph D, below. D. Payment, in the event of termination or suspension of the consultant's services under this Article, shall be made to the Consultant for all services performed to date of same, including all reimbursable expenses and charges for services incurred. ARTICLE VIII: ASSIGNMENT Except as provided herein above or otherwise agreed in writing by the parties hereto any assignment, hypothecation, transfer, or subletting of this contract or any rights or duties hereunder, shall be void. ARTICLE IX: EXTENT OF AGREEMENT AND NONWAIVER This agreement sets forth all the rights and obligations of the parties with respect to the project, both with respect to the work previously done and to be done. This agreement supersedes all prior agreements and understandings of any nature and may be modified only by an instrument executed in writing by duly authorized persons. The agreement is binding on and inures to the benefit of the Client and Consultant, as well as their respective legal representatives, partners, heirs, administrators, successors and assigns. The failure of either party, in any one or more instances, to insist upon strict performance of any of the terms of this agreement or to exercise any right herein conferred, shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such terms or rights in any other instances. In the event and unenforceale, the other provisions lon of t of this contract contracthis shall binvalide held to be shall be and binding anthe parties hereto. ARTICLE X: GOVERNING LAWS This contract is and regulations obweexs tinct to g of laws,icable Federal and State which may be hereafterenact d standards dor adopted. 4 ARTICLE XI: SCOPE OF AUTHORITY The persons signing this agreement on behalf of the Client and Consultant warrant that he or she has the authority to do so, and of a corporation, is an officer of the same. ARTICLE XII: ENFORCEABILITY This contract shall not be enforceable by either party until each party has in its possession a copy of this contract signed by the other party. IN WITNESS WHEREOF, Client and Consultant have signed and executed this contract the day and year identified below. City of Waterloo, Iowa BY: DATE: 3 "1 3 -v c Thomason and Associates BY: 9&6� DATE: 021q166 5