Subject: 20637/Agmt/Thomas&Assoc/StElmoHistoricDistrict Date: Mon, 8 May 1995 15:31:55 -0500 RESOLUTION NO. 20637 A RESOLUTION AUTHORIZING THE CITY FINANCE OFFICER TO ENTER INTO AN AGREEMENT WITH THOMASON & ASSOCIATES TO PROVIDE HISTORIC CONSULTING SERVICES TO THE ST. ELMO HISTORIC DISTRICT FOR THE PERIOD FROM JUNE 1, 1995 TO AUGUST 1996 AT A FEE OF $17,000. _____________________________ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That the City Finance Officer be and is hereby authorized to enter into an agreement with Thomason & Associates to provide consulting services for the city for the period from June 1, 1995 through August 1996; and BE IT FURTHER RESOLVED, That the fee for such services shall be no more than $17,000. The scope of work to be done is as outlined in the Contract for Professional Services attached hereto and incorporated herein by reference; and BE IT FURTHER RESOLVED, That none of the funds for the project are City funds; that the activity is being financed with federal funds from the National Park Service, Department of the Interior and the Lyndhurst Foundation. ADOPTED: May 30, 1995 MRC:cjc 0C CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into this _____ day of _______, 19___, is by and between the Chattanooga Historic Zoning Commission, herein called the "client", and Thomason & Associates herein called the Consultant. WHEREAS, Client is the recipient of grants from the Tennessee Historical Commission and Lyndhurst Foundation to prepare new Design Guidelines for the St. Elmo Historic District, Chattanooga, Tennessee; and WHEREAS, client is desirous of engaging Consultant to assist with the completion of these components, specifically fulfilling those services as outlined in Article A, Scope of Services, NOW, THEREFORE, the Client and Consultant agree to the terms presented as follows: A. SCOPE OF SERVICES: Thomason & Associates shall provide to the Chattanooga Historic Zoning Commission a design review guideline manual for the St. Elmo Historic District. The Chattanooga Historic Zoning Commission shall provide to the Consultant copies of the city's current zoning regulations, historic preservation ordinance, by-laws, and procedures. The Consultant will conduct an analysis of the St. Elmo Historic District prior to the formulation of the guidelines. The Design Guidelines should address all design issues in St. Elmo that may impact the character of the historic district. The design guidelines will be written in the following format: - Descriptive broad based policy statements. - Specific performance standards. - Explanation of standards. - Illustrations. The Design Guidelines should include, but not be limited to, the following areas: 1. Definitions and comparisons of present day and historic character of St. Elmo and a forecast of future character with and without historic zoning. 2. Design goals for St. Elmo formulated from input provided by property owners, residents, the Historic Zoning Commission and the St. Elmo Improvement League. 0C 3. A discussion of architectural styles, forms, and construction dates. Specific sub areas with common characteristics should be identified. 4. Sample site plans identifying common characteristics of sub-areas including building locations, outbuildings, important landscaping elements such as trees, hedges, retaining walls, fences, driveways, open spaces, etc. 5. Recommendations for rehabilitation including specific guidelines on preserving porches and porch detailing, windows, doors, roofs, wall materials, lighting, masonry, appropriate paint colors, foundations, decks, fire escapes, handicapped ramps, gutters, material changes, mechanical systems, satellite dishes, signs, solar panels, staircases, steps, storm windows & doors, security windows and doors, skylights, and any other project that may occur on the exterior of a house. 6. Recommendations for appropriate materials for specific house types and information on product sources, availability and cost. 7. Recommendations for appropriate new additions, including porch enclosures. 8. Identification of public works issues, such as street type and materials, sidewalks, curbing, and recommendations for appropriate replacement materials. 9. Identification of vacant lots and potential areas for new construction and recommendations for appropriate infill. 10. Identification of alterations that may be considered inappropriate by historic preservation standards, reasons why they are inappropriate and recommendations for restoration. 11. Guidelines for demolition and relocation. 12. At least 75 illustrations will be included, the majority of which depict buildings and details from the St. Elmo Historic District. The illustrations will be professionally drawn with notations to depict guideline recommendations. 13. A map of the historic district. 14. Information about the design review process, the HZC, enforcement, etc. 15. Discussion of appropriate maintenance techniques. 0C 16. Discussion of other city ordinances that may affect development in St. Elmo - zoning, fire and building codes, ADA requirements, etc. 17. Discussion of economic benefits of historic zoning. 18. A bibliography of preservation resources. 19. An index. The product will include: a. 1,000 copies of a printed set of design guidelines plus a camera ready copy from which to make future copies. The manual will be approximately 100 pages in length, on double-sided paper, and with spiral binding. b. Copies of slides used in the preparation of the design guideline for future use by the St. Elmo Improvement League. c. A summary pamphlet of the design guidelines. The design guidelines will be in compliance with the Secretary of the Interior's "Standards for the Treatment of Historic Properties" and the "Secretary of the Interior's Standards for Preservation Planning". The Guidelines will also be in compliance with the Tennessee State Enabling Legislation and the Chattanooga Historic Zoning Ordinance. Public Meetings: At least three public meetings will be held in St. Elmo to gain input and consensus from property owners and to present drafts and final copies of the design guidelines. At least four meetings will be held with the Working Committee. The Consultant will be responsible for keeping records (minutes, attendence records, etc.) of public meetings and will provide copies of records to the Client at the end of the project. The Design Guidelines will acknowledge the provision of grant support with funds from the National Park Service, Department of the Interior. B. SCHEDULE June - September, 1995: Preliminary meeting time between Working Committee and Consultant; background research. September, 1995: Public Input Meetings in St. Elmo. October - November, 1995: Draft Design Guidelines By December, 1995: Presentation of Draft Guidelines to Working Committee 0C By December, 1995 - January, 1996: Public Meetings in St. Elmo to present draft Design Guidelines. By January - February, 1996: Prepare final guidelines By March, 1996: Public Hearings to present final Guidelines to neighborhood By March, 1996: HZC and City Council Public Hearings April 1, 1996: Printed copy due C. FEE Thomason & Associates shall complete the above described scope of work for a fee of $16,000. This fee includes all labor and expenses to be incurred during the course of the project. D. BILLING PROCEDURES AND PAYMENT TERMS 1. Billing Procedures Consultant will present invoices based on actual expenses at the end of each four-week billing period. 2. Payment Terms Invoices will be due and payable on receipt and considered delinquent if not paid within thirty days of their date. E. CLIENT'S RESPONSIBILITIES 1. Designate a representative to act in its behalf with respect to the project. 2. Provide data to the Consultant including copies of the Chattanooga Zoning Ordinance, the Chattanooga Historic Zoning Ordinance and by-laws. 3. Promptly report verbally and in writing to the Consultant any fault or defect in the Consultant's services. F. OWNERSHIP OF DOCUMENTS All drawings, specifications, reports, and other products of the Consultant's work shall be and remain the property of the Client upon payment for the Scope of Work and Products completed. The Consultant shall be free to use copies of the products in the promotion of the its business unless otherwise directed by the client. 0C G. TERMINATION OF AGREEMENT 1. 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. 2. Consultant may terminate its services under this contract without liability for damages if not compensated pursuant to the terms of Article D, Paragraph 2, or upon material breach of contract by the client. 3. If the project is suspended by the Client for a period of over 60 days, Client shall make payments pursuant to paragraph 4, below. 4. 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. H. 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. I. 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 notified only by an instrument executed in writing by duly authorized persons. The agreement is biding 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 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 any provision of this contract shall be held to be invalid and unenforceable, the other provisions of this contract shall be valid and binding on the parties hereto. 0C J. GOVERNING LAWS This contract is governed by the laws of the State of Tennessee and is subject to applicable Federal laws, standards and/or rules and regulations now existing or which may be hereafter enacted and/or adopted. K. 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. L. ENFORCEABILITY This contract shall not be enforceable be either party until each party has in its possession a copy of this contract signed by the other party. IN WITNESS WHEREOF, the Client and Consultant have signed and executed this contract the day and year identified below. Client By: Name _________________________________________ Title ________________________________________ Date ________________________________________ Consultant By: Name _________________________________________ Title ________________________________________ Date ________________________________________