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Res 053-82 3/16/1982RESOLUTION NO. <,) -D A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE WICHITA COUNTY HERITAGE SOCIETY FOR A CITY OF WICHITA FALLS HISTORICAL PRESER- VATION SURVEY AND PLAN WHEREAS, the Board of Aldermen passed and approved Resolution No. 2849 on September 15, 1981, authorizing the City Manager to execute a contract with the Wichita County Heritage Society for an amount not to exceed $16,000; and, WHEREAS, the completion date of the contract needs to be extended to May 31, 1982. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute a contract, a copy of which is attached hereto, with the Wichita County Heritage Society for a City of Wichita Falls Preservation Survey and Plan, for an amount not to exceed $16,000. PASSED AND APPROVED THIS THE kW-day of / ,lticGi..-/ 1982. MAYOR ATTEST: r - CITY CLERK Page 2 of 15 Pages Agenda Item No. max SERVICE CONTRACT WICHITA COUNTY HERITAGE SOCIETY THIS AGREEMENT, entered into on this day, October 1, 1981 by and between the Wichita County Heritage Society, herein called the "Contractor" and the City of Wichita Falls, Texas, herein called the "Planning Agency", WITNESSETH THAT: WHEREAS, the Planning Agency desires to engage the Contractor to prepare a Historic Preservation Survey and Plan for the City of Wichita Falls which is expected to be financed in part by the Planning Agency. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Contractor. The Planning Agency hereby agrees to engage the Contractor and the Contractor hereby agrees to perform in cooperation with the Planning Agency in the preparation of a Historic Preservation Survey and Plan for the City of Wichita Falls. 2. Area Covered. The Contractor shall perform all the necessary services provided under this contract in connection with and respecting the following area: the portion of the incorporated area of the City of Wichita Falls, as shown on the attached map (Attachment 1) . 3. Scope of Services. a) The Contractor shall do, perform and carry out or cause to be done, performed, and carried out by a subcontractor authorized by the Planning Agency, in a satisfactory and proper manner, determined by the Planning Agency, the services described in the scope of services for the contract between the Contractor and subcontractor described in Attachment 2. b) The Contractor shall submit to the Planning Agency, a camera ready copy of the "Historic Preservation Survey and Plan" for the City of Wichita Falls. 4. Personnel. a) The Contractor represents that he has, or will, secure all personnel required in performing the services under this contract. Such personnel 2- shall not be employees of or have any contractual relationship with the Planning Agency. b) All of the services, required hereunder will be performed by the Contractor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and Local laws to perform such services. c) The Contractor is hereby authorized to engage Ellen Beasley, Galveston, Texas, as a subcontractor. Notwithstanding the above, none of the work or services covered by this contract shall be subcontracted without the prior written approval of the Planning Agency. 5. Time of Performance. The services of the Contractor are to commence October 1, 1981. All of the services required hereunder shall be completed by May 31, 1982. 6. Compensation. The Planning Agency agrees to pay the Contractor a sum not to exceed $16,000 for the services provided herein. 7. Method of Payment. Each month's payment will be based on the actual expenditures of the previous month. The Contractor will submit documen- tation of monthly expenditures to the Planning Agency along with a completed Reimbursement Request form (Attachment 3) . A 5% retainer will be withheld from each payment until final payment is approved. A brief status report of the project must be attached with the request including any draft reports obtained from the subcontractor. 8. Termination of Contract for Cause. If, through any cause except for fault of Planning Agency, the Contractor shall fail to fulfill in timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the Planning Agency shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such 3- termination. The Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to sudh termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the Planning Agency for damages sustained by the Planning Agency by virtue of any breach of the contract by the Contractor, and the Planning Agency may withhold any payments to the Contractor for the purposes of setoff until such time as the exact amount of damages due the Planning Agency from the Contractor is determined. 9. Termination for Convenience of Planning Agency or Contractor. If either party to this agreement should desire to terminate it prior to the date of expiration, they may do so by giving sixty (60) days notice in writing to the other party of their intention to terminate this agreement; otherwise, this agreement shall continue in full force and effect until the expiration of the term set out above. 10. Termination of Contract for Cause by the Contractor. If work is. stopped for a period of thirty (30) days by the Planning Agency, or as a result of an act of government, such as a declaration of a national emergency, through no act or fault of the Contractor, then the Contractor may, upon seven (7) additional days' written notice to the Planning Agency, terminate the contract and recover from the Planning Agency payment for all work executed. 11. Changes. The Planning Agency may, from time to time, require changes in the scope of services of the Contractor to be performed hereunder. Such changes including any increase or decrease in the amount of the contractor's compensation, deviations in project schedule, and/or work scope which are mutually agreed upon by and between the Planning Agency and the Contractor shall be incorporated in written amendments to this contract. 4- 12. Equal Employment Opportunity. a) The Contractor will not discriminate against any employee or applicant for employment because of age, race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their age, race, color, religion, sex or national origin. Such actions shall include but not be limited to the following: employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layoffs or terminations, rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Contractor will in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex or national origin. The Contractor 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 such subcontractors provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. b) The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants and employees as the Planning Agency may require. c) The Contractor agrees to comply with such rules, regulations, or guidelines as the Department of Housing and Urban Development (HUD) may issue to implement this project. 5- 13. Interest of Members of Planning Agency and Others. No officer, member, or employee of the Planning Agency and no members of its governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decisions relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, direct or indirect, in this contract or the proceeds thereof. 14. Assignability. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or notation) , without the prior written consent of the Planning Agency thereto: Provided, however, that claims for money due or to become due to the Contractor from the Planning Agency under this contract may be assigned to a bank, trust company, or other financial institution without such approval, notice of any such assignment, or transfer shall be furnished promptly to the Planning Agency. 15. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed in this contract. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. 16. Audits and Inspections. At any time during normal business hours as often as the Planning Agency or HUD may deem necessary, there shall be made available to the Planning Agency or HUD for examination all of its records with respect to all matters covered by this contract and will permit the Planning Agency or HUD to audit, examine and make excerpts or transcripts from such records b- and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this contract. It is understood that the Contractor's accounting system is based upon the requirements of the Federal Procurement Regulation and Cost Accounting Standards. IN WITNESS WHEREOF, the Planning Agency and the Contractor have executed this agreement as of the date first above written. Stuart A. Bach, City Manager ATTEST: ATTEST: T yt ; ? a;: 6 ATTACIDIENT 1 L\\\ /,7/ . y V:` 1: c' 1 AL. .. ill . ..,, N.) t St4 \4 V 1 51'.1.',/ ''IMIlli '. teP 21....._._(....t .. . 4....._1I4_, i i .,..N 1 1. . .,.. _ .. ... . .74.17......,.., 1: 1 1, Igr '' ' • I r I O fir 1 i r..a,.. --, n. 1, , z.,...„„).‘, „ ,,, se,,,,,, , 4, ,,,,,..„,. 2 ‘1„,i717,- -1_. •_._ .., .• VV c. l ti•. 1L . • "`777"' t., a r -t c ,. is a•i e'SI`. \..+&J. \ l as %!r j t tlhpr L> il ,` lid\ ' s'" r.. J'.,...... _ .. , , 2 ,-..>,,,,11 -- , . z.,.. ,•*-A (- ..‘ , ..,,,..„ . - •ii.:Ain-t Ta-i, ,L,t., IH ., ,. • ,J s•\\ .\-• \.. I.S.,:e; IRIM -:%.c.)......, : 1;r--- AE G if 1E ED© N ' \# XJ ( t, I 1 9QLJ 1 eel.[-__, - on* 2. ,KV- f"....-*.$ „.::Cir. ..-•• 1 J I _-' v.- (-!CAD Lii 1-/ti'l 4 r:11 - , ,..til ' -,Qo „ft. 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PURPOSE The purpose of the citywide Historic Preservation Survey and Plan is: 1. An inventory and evaluation, hereafter called "Survey" of Proper- ties (districts, sites, buildings, structures, objects) of poten- tial historic, architectural , archaeological, engineering or cultural significance within that portion of the City of Wichita Falls indicated on Map No. 1 as described in. Paragraph B (1) herein; 2. Development of recommendations that outline a Preservation Plan for the City of Wichita Falls, hereafter called the "Plan"; and 3. Development of recommendations for the potential creation of a historic district in the Morningside neighborhood (Area 3 on the Map) and other areas with potential to be districts. B. SURVEY 1. AREAS The areas to be surveyed are indicated on the attached Map No. 1 . The boundaries as indicated are subject to change by mutual agree- ment between the Client and the Contractor after preliminary study of the area concerned by both parties. a) The enclosed area (1) on the Map will be omitted from the survey as it is already surveyed for a historic district. b) The enclosed area (2) on the Map known as the "Original Townsite" will be surveyed extensively block by block. c) The enclosed area (3) on the Map known as the "Morningside Neighborhood" will be surveyed as a potential historic district. d) The large enclosed area (4) on the Map covers the portion of the city to be selectively surveyed for the most significant or representative structures, buildings, sites, objects, and neighborhoods. 2. FORMS AND MATERIALS The Contractor will develop along with the Client, the survey forms that will be printed and supplied by the Client. In addi- tion, the Client will furnish work maps, aerial photographs, land use data and other appropriate materials that are existing, avail- able and necessary for the survey work. The Contractor will sup- ply the film and camera. 3. ACTIVITY The following guidelines will be applied: a) The Survey will include a listing and inventory that contains information relating to architectural style and/or form, past and present use, age (when determinable) , ownership and other key factors as deemed necessary by the Client and the Contrac- tor. b) The Survey forms and photography including processing will be completed by the Contractor. c) The Survey shall use public and private resources to the greatest extent possible. (see Sections .0 and E) C. VOLUNTEERS The Contractor will work closely with the Client organization and other interested groups to coordinate and incorporate the efforts and talents of these groups as much as possible in the compilation of historical data regarding specific properties for which the Client will secure a minimum of ten (10) volunteers. 1. The Contractor will train the volunteers to collect historical data using instructions and forms prepared by the Contractor and printed by the Client. 2. The volunteers will be obtained by February 3, 1981. 3. Volunteers will be responsible to the Project Coordinator. The latter will be responsible for the volunteers adhering to the research schedule. 4. Data given to the contractor will be in an organized, legible manner on the forms that are provided. Basic information in- cluding present owner, legal address, lot, block, subdivision, and tax information will be provided to the contractor. D. EVALUATION AND PRESERVATION PLAN The Contractor shall be responsible for the compilation and evalua- tion of the data collected during the course of the survey. This data shall be presented in a publication in camera ready copy designed to communicate the urgency and challenge of preservation efforts, educate residents and local officials, and stimulate greater visual awareness. 1. The publication as developed will be a PLAN for the use of those people directly involved in implementation of the recommendations. It shall be a typed copy and include: a) A brief introduction to preservation and explanation of the reasons for undertaking the survey and identification of per- sonnel involved. b) An account of the historical development of the community with particular reference to existing resources that illustrate this development. c) An explanation of criteria used in selecting properties for the inventory. d) A general description of the area covered by the survey. e) An explanation of survey methodology. f) Analysis of the architectural styles, forms and building types, land use and building condition in the surveyed portions of the city. g) A list of all properties in the inventory with evaluations of designations given in abbreviation. h) Maps and photographs as illustrations of significant resources. i) General discussion of the visual and physical interrela- tionship among environmental features of Wichita Falls. Discussion of the visual effect of new buildings juxtaposed with older ones; pivotal structures, and relationship of buildings to open spaces. Discussion of natural features which define the visual character of the city as well as elements such as vistas and views, paths, focal points, edges" and landmarks, signs, graphics, landscaping, pave- ment, lighting, and street furniture. 2. In the PLAN recommendations shall be made regarding: a) Legal controls including revision of local ordinanaces. b) Districts, sites, buildings, structures or objects to be nom- inated and/or considered for protection on a local , state, or national level in prioritized groupings. c) Improvements of land use, parking, traffic circulation, codes particularly building and maintenance) as relates to (b) . d) Demolition and relocation of landmarks or proposed landmarks. e) Preservation priorities and program phases with long and short term prioritized goals and specific objectives for community action based on the survey. f) Strategies for accomplishing these objectives including respon- sibilities of public and private sectors in implementing each objective, legal and financial tools, sources of funding, ar- chitectural and planning options. These measurable objectives will be included in the MBO Plan of the City of Wichita Falls if the Plan is adopted by the City Council. g) Glossary and bibliography. h) Storage and repository systems; explanation of where and how to find information on properties surveyed. E. COMMUNITY MEETINGS AND REPORTS During the course of the project, the Contractor will meet with var- ious community groups. 1. Between January and the end of June 1982, the Contractor will make four (4) trips to Wichita Falls to train volunteers, com- plete survey work and photography and meet with the project work group, and other community groups when appropriate. A verbal and brief written progress report and agenda of items to be discussed will be submitted. 2. The project work group will include the Project Coordinator, the President and Vice President of the Heritage Society, the Chair- man of the Landmark Commission and a representative of the Plan- ning Division of the City of Wichita Falls. 3. After survey research is complete, at the end of July 1982, the Contractor will meet with the project work group to discuss re- commendations and plan outline, During this same trip an open meeting will be conducted including representatives of neighbor- hoods involved, the Planning Staff and Planning Board of the City, Midtown Now Board Members, Heritage Society and County Historical Commission members, and the City Council, to provide input and discuss implications of the plan. 4. The Contractor and the Project Coordinator will meet during the course of the project with city planning staff and appropriate City departments to obtain maps and data, and insure coordina- tion of Plan recommendations with the city planning and manage- ment process, review of existing and future plans, and considera- tion of existing ordinance and code provisions. 5. The sixth trip by the Contractor will be in early October to discuss the draft of the Plan as submitted. 6. A public hearing on the Plan will be held as required by the city before adoption. 7. The seventh and final trip by the Contractor will be to present the findings and printed plan at a scheduled meeting of the City Council for adoption. F. FINAL REPORT AND COMPLETION OF CONTRACT 1. The publication of the plans will serve as an educational and planning tool and will contain the elements and recommendations listed in Section D, Evaluation and Preservation Plan. 2. The Contractor will submit for a review a draft copy of the PLAN to the Client no later than December 15, 1981. The Client will return the draft no later than January 15, 1982. The final draft will be delivered camera-ready to the Client by February 15, 1982. The Contractor is responsible for preparing all graphics and layout for the report. There will be no changes made to the final draft by the Client without consultation with and agreement of the Contractor. 3. The Client will be responsible for printing or having printed the PLAN within ninety, (90) days of project completion. 4. Twenty-five (25) copies of the printed plan will be provided free to the Contractor. Additional copies will be available to the Contractor at cost. 5. A symbol coded map (1" = 1 ,500') shall be prepared by the Con- tractor and delivered to the Client. The map shall designate all significant structures and areas as determined by the study. A review copy of the map will be submitted to the Client for review and critique. 6. Maps, typed survey forms, one print of each site surveyed, nega- tives, original copy of report, and all other data developed by the Contractor during the course of the project will be due Jan- uary 1982 and will become property of the Client. The Contrac- tor will be responsible for coding the photographs and the nega- tives to the survey forms and placing the negatives in contact holders. If additional copies are to be made costs will be assumed by other than the Contractor. r , ATTACHMENT 3 REIMBURSEMENT REQUEST WICHITA COUNTY HERITAGE SOCIETY/CITY OF WICHITA FALLS CONTRACT a. Date: b. Reimbursement Request No. c. Project period covered: From To d. Costs previously reported to Planning Agency e. Cost presently listed to Planning Agency f. Less 5 % retainer g. Reimbursement Request Amount I hereby certify that the attached invoice is true and correct and corresponds in every particular to the supplies and/or services contracted for. SIGNATURE TITLE DATE