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Prepare Heritage Conservation Plan i • AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, made this qt day of OcTo tc✓ in the year Nineteen Hundred and Eighty-one. BY AND BETWEEN the City of Salina, .Kansas, hereinafter called the "City" , and Planning Development Services, Inc. of Wichita, Kansas, hereinafter called the "Consultant" . WHEREAS, the City desires to have the Consultant prepare a Heritage Conservation Plan as described herein. NOW, THEREFORE, the City and the Consultant, for considerations hereinafter set forth, agree as follows: ARTICLE I SCOPE OF SERVICES • GENERAL: The project consists of a study of historic and architectural resources of the City of Salina within the Project Area which comprises the approximate 1930 city limits . The object of the study is to identify, inventory, and document the historic struct- ures within the project area and to make recommendations regarding the criteria for designation of landmarks and districts in the Heritage Conservation Plan. An additional objective is to educate the citizens of Salina in regard to their arch- itectural and historical heritage. These specific work elements are as follows : WORK ITEM 1 - FIELD SURVEY REVIEW Every structure and resource in the defined project area will be photographed by the City Staff. This survey will be an inventory only without assigning a value to any resource. The Consultant will then review the photographs and make recom- mendations as necessary in concert with representatives of the State Historical Society, City Staff, and the Heritage Commission. WORK ITEM 2 - HISTORIC CRITERIA DEVELOPMENT The Consultant will work with City Staff, Heritage Commission, and the State Historical Society to develop criteria for identifying and evaluating those structures and other resources (sites , street furniture, etc. ) which are important or significant. The Consultant will present several alternative approaches to the Heritage Commission with advantages and disadvantages of each. Although the Consultant, with input from the State Historical Society, may make recommendations on an approach, or combination of approaches , this decision rests solely at the local level . Agreement for Consultant Services Page Two WORK ITEM 3 •• HISTORIC STRUCTURE / DISTRICT IDENTIFICATION The Consultant will assist the Heritage Commission in applying the criteria developed in Work Item 2 to establish a list of structures, groups of structures , and other resources that merit more detailed research. The Consultant will super- vise this research (to be performed by the City) . As there are several alter- natives to how the criteria might be applied for evaluation purposes , the Consult- ant will help the City and Heritage Commission determine the most appropriate evaluation strategy. WORK ITEM 4 - SALINA HISTORIC REPORT The City will photograph those structure deemed appropriate by the Heritage Commission and provide data on the history of the structure. The City will also provide pertinent data on the history of Salina , the Heritage Commission and this study. The Consultant shall then prepare, print, and distribute the Historic Report to the widest possible group of Salina citizens . This shall be accomplished by use of a supplement to the local newspaper or another method which shall be acceptable to the city. The Consultant will present suggested formats and contents to the City, the . State Historical Society, and the Heritage Commission for their review and selection. During the course of the study, it may be desirable to inform local citizens of the impact of historic preservation to their property. WORK ITEM 5 - PRESERVATION OBJECTIVES AND POLICIES The Consultant will work with the City to establish general objectives and more specific policies for the preservation of structures and districts of historic or architectural significance. This task will address itself to identifying the different scales of the area (detail , building or site, district and viewshed) and will include appropriate objectives and policies for each scale. The Secretary of interior's Standards for Rehabilitation shall serve as a starting point for this task. It is expected that the resultant implementation strategy will be a creative response to local existing and potential opportunities for preservation , community response to the Work Item 4 product(s) , State Historical Society recommendations , and Department of Interior Standards and Guidelines . Of specific concern in this task is the establishment of practical solutions with realistic chances for success . WORK ITEM 6 - HERITAGE COMPREHENSIVE PLAN ELEMENT The Consultant will prepare 100 copies, in a format identical to the existing Comprehensive Plan, of the Work Item 3 Criteria and Work Item 5 Objectives and Policies for inclusion in the Comprehensive Plan text. In addition , the Consultant will prepare a map, at an appropriate scale, from base maps provided by the City which identify the location of all buildings or other resources identified in Work Item 3. If necessary, additional graphics will be provided. Agreement for Consultant Services Page Three WORK ITEM 7 - PRINTING The Consultant will prepare at least twenty (20) copies of all preliminary and/or final draft reports and one hundred (100) copies of the Heritage Comprehensive Plan (Work Item 6) . Seventy-five (75) copies of the Heritage Comprehensive Plan will be 3-hole punched for insertion into binders provided by the City. Seventy- five (75) divider pages entitled, "Heritage Conservation Plan" shall be printed to match existing divider pages in the City's Comprehensive Plan. The remaining twenty-five (25) copies of the Heritage Comprehensive Plan will be bound utilizing cone binders or another method which is acceptable to the City. ARTICLE II TIME SCHEDULE • Receipt of the fully executed Contract by the Consultant shall constitute written Notice to Proceed. The final draft report for all work items will be submitted to the City by April 30, 1982. All work items shall be completed by June 15, 1982 except as provided in this Article. Final printed copies of the Salina Historic Report (Work Item 4) will be distributed within forty-five (45) days after authorization by the City to proceed to final or by June 30, 1982, whichever date is later. The Salina Historic Report shall be published and distributed in the Salina Journal or otherwise distributed as widely as possible within the City in a manner which is acceptable to the City. ARTICLE III COMPENSATION The Consultants agree to provide the services detailed in WORK ITEMS 1 through 7 for the amount of $10,780 (Ten Thousand Seven Hundred Eighty Dollars) . This amount includes compensation for up to 7 site visits to Salina and includes travel time and travel expenses. Additional services which may be required by the City for work in addition to that listed above, shall be provided by the Consultant and charged at the following hourly rates: Principals (Hanson, Melnick) $24.50 Professional Staff 2.5 X Basic Salary Rate Billings for the work items herein described will be monthly based upon services performed. Billings for additional authorized work shall be made on a monthly basis setting out the work performed, number of hours, personnel classifications , and rates -plus actual direct costs . Agreement for Consultant Services _Page Four Payments shall be made by the City to the Consultant within thirty (30) days after the date of billing. ARTICLE IV MISCELLANEOUS The Parties hereto further agree to the following conditions: 1. Consultant Staff: The professional services required herein will be performed by Tim Hanson and Robert Melnick and by other qualified persons selected by the Consultant to assist in the planning, drafting and clerical work. 2. Change in Scope: The Scope of Work described in this Agreement shall be subject to modification or supplement of the contracting parties . - Any such modifications in the Scope of Work shall be incorporated by negotiated supplemental agreement. At the time of such modification of work, equitable adjustments will be made by the parties in the time of performance and the compensation to be paid for the project. • 3. Anti-Kickback Rules : Salaries of planners, architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally by the Consultant and not less often than once a month without deduction or rebate on any account except only such regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. , Section 874; and Title 40 U.S.C. , Section 276c) . The Consultant shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in any subcontracts covering work under this Contract to ensure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirement thereof. 4. Equal Employment Opportunity: During the performance of this Contract, the Consultant agrees as follows: a. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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 race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment advertising ; layoff or termination; rates of pay or other forms of compensation.; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employ- . ment, notices to be provided by the Local Public Agency setting forth the provisions of this non-discrimination clause. • Agreement for Consultant Services Page Five b. The Consultant will , in all solicitations or advertisements for em- ployees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment with- out regard to race, color, religion, sex, or national origin. c. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials . • 5. Discrimination Because of Certain Labor Matters: No person employed on the work covered by this Contract shall be discharged or in any way dis- criminated against because he has filed any complaint, or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 6. Interest to Certain Federal Officials : No member of a Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 7. Salaries Paid to Persons : In representative occupations listed in this Contract shall not be less than the representative salaries prevailing in the locality. 8. Insurance: The Consultant shall carry adequate insurance to protect him from claims under Workmen' s Compensation Act; from claims for damages because of bodily injury, including death to his employees and the public; and from property damage. Consultant agrees to indemnify and hold the City harmless from any claims, accidents, injuries , or loss arising from the negligence of the Consultant. 9. Ownership of Documents : Maps and reports prepared by the Consultant for the project shall become the property of the'City and shall be turned over to the City for custody. 10. Abandonment or Supsension: If any work prepared by the Consultant is abandoned or suspended by the City in whole or in part,. the Consultant is to be paid for the service rendered on account of it, prior to receipt of notice from the City by certified letter, together with any terminal expense resulting from such abandonment or suspension. 11 . Termination of Agreement: This Agreement may be terminated by either party upon thirty (30) days written notice, should the other party fail substantially to perform in accordance with its terms through no fault of the other. In either event, the Consultant shall be paid for services rendered to the termination date, including terminal expense in accordance with Abandonment and/or Suspension'Agreement. • Agreement for Consultant Services Page Six 12. Arbitration: Arbitration of all questions in dispute under this Agreement shall be at the choice of either party and the dispute will finally and conclusively be settled by the decision of the arbitrators , one to be appointed by the City, one by the Consultant, and a third to be chosen by the two appointed. In case these three arbitrators thus chosen fail to agree, two additional arbitrators shall be appointed by the presiding judge of the United States Court of Appeals having jurisdiction over the region which includes Wichita, Kansas . By the decision of these arbitrators or by the majority of them, both parties to this Agreement shall be finally bound. Arbitrators shall be persons capable by training and experience to under- stand and pass upon the problems to be considered. No one shall serve as arbitrator who has or has had any financial or pecuniary interest with any of the parties or who is or ever has been employed by any of the parties . No arbitrator shall be an advocate for any of the parties . Compensation to each arbitrator shall be the same and shall be paid equally by both parties . All other expenses shall be paid by the party calling for arbitration. 13. Binding Upon Successors : This Agreement shall be binding upon the under- signed parties, their successors , partners , assigns and legal representatives. 14. Time: Time of completion is of the essence of this Agreement. 15. Interpretation: This Agreement and any written modification or amendment shall be construed in accordance with the laws of the State of Kansas . 16. Subcontractors: The Consultant shall not associate with any subcontractor in the performance of its duties hereunder, or allow any subcontractor to perform any work hereunder, without the prior written approval of the City. IN WITNESS WHEREOF, said parties have caused this Agreement to be signed by their duly authorized officers in two counterparts , both of which shall be deemed an original , on the day and year first written. • PLANNING DEVELOPMENT SERVICES, INC. CI� 0' SALINA, KANSAS A, j L�. I R ' Nye, City Manager ATTEST: 791=4-1 D. L. Harrison, City Clerk