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HomeMy WebLinkAbout1997 S Planning - DS Atlantic for Consultant Contract - Cedar Grove Rural Historic District National Register Nomination DSAtlantic Corporation DSAtlantic 7820 North Point Boulevard Suite 200 Winston-Salem,NC 27106 ENGINEERS ■ARCHITECTS ■ SURVEYORS 910/759-7400 (Fax) 910/759-7900 February 26, 1997 Mr. Donald Belk Planner II/Special Projects Orange County,North Carolina 306-F Revere Road Hillsborough,North Carolina 27278 SUBJECT: REVISED PROPOSAL/LETTER OF AGREEMENT NATIONAL REGISTER NOMINATION SERVICES CEDAR GROVE CROSSROADS AREA Dear Mr. Belk: I enjoyed talking with you and Pam Jones on Tuesday and am excited about preparing the National Register Nomination for Cedar Grove. I have outlined three(3)billing phases and a Time-Product-Payment Schedule as we discussed. This letter, if the terms are accepted,would serve as a formal letter of agreement between Orange County, North Carolina and DSAtlantic Corporation and includes the following: I. PROJECT UNDERSTANDING 11. SCOPE OF SERVICES 1II. SCHEDULE IV. METHODS OF COMPENSATION V. LETTER OF AGREEMENT ACCEPTANCE 1. PROJECT UNDERSTANDING This project is to complete a nomination of the Cedar Grove crossroads area to the National Register of Historic Places. The intent of this project is to evaluate historic structures and their associated contextual landscape setting, and to determine a district boundary that encompasses both. The evaluation will consider the historic acreage associated with a site and how it has evolved,as well as historical perceptions of the boundaries of the community. The National Register Historic District boundaries of the Cedar Grove crossroads will include structures,viewsheds, and landscape features that are associated with the history of the community. Il. SCOPE OF SERVICES A. Expanded research on individual historic structures. B. Evaluation of significance and historical integrity of structures as well as landscape elements. C. Application of the National Register criteria. D. Delineation of historic area boundaries on USGS and tax maps. E. Completion of the National Register form. Charlotte,NC ■ Fort Myers,FL ■ Raleigh,NC ■ Richmond,VA ■ Winston-Salem,NC Mr.Donald Belk Orange County,North Carolina February 26, 1997 Page No. 2 F. Black and white photography and preparation of a color slide presentation. G. The consultant will be available to present findings at(3)community information meetings, and/or public hearings in June, July, and August. III. SCHEDULES DSAtlantic is available to begin work on May 1, 1997 and proposes to complete the project by July 31, 1997. A. Billing The project will be carried out in three(3)one-month phases and billed as follows: May 1 -May 31 $3,500.00 June 1 -June 30 3,500.00 July 1 -July 31 4,180.00 B. Time-Product Payment Schedule May 1 -May 31 • Complete overall survey of area including survey forms and files. • Complete photography. • Complete expanded research and evaluation of first half of properties. June 1-June 30 • Complete preliminary map of proposed boundaries. • Label slides and photographs. • Complete expanded research and evaluation of second half of properties. • Present at June 25th Public Hearing. July l -July 31 • Complete map in final form • Complete National Register Form • Complete Historic Context • Present at July 23rd Public Hearing Aug_ust27 Z5oLi6 • Present at final Public Hearing. IV. METHODS OF COMPENSATION DSAtlantic proposes to provide the above listed services for the allotted lump sum of$11,180.00 inclusive of all expenses. An estimated 200 hours of service is projected to be expended by the consultant. V. LETTER OF AGREEMENT/ACCEPTANCE If you are in agreement with our Scope of Services and the fee presented for this project,your signature in the space provided will serve as a formal agreement between Orange County,North Carolina and DSAtlantic Corporation. Two originals are enclosed for signature. Please return one signed original for our file. Mr.Donald Belk Orange County,North Carolina February 26, 1997 Page No. 3 LETTER OF AGREEMENT ACCEPTED FOR Orange County,North Carolina 306-F Revere Road Hillsborough,NC 27278 nn AGREED BY: wst(� TITLE: DOA" OF, cre�easvi�^J:r.;z. DATE: 7 6 Sincerely, Kaye Gray Laura P. Burkin,IIDA Historic Resource Specialist Vice President MKG/apb Enclosures: 2 Letters of Agreement DSAt[antic's Terms and Conditions Resume cc: File DSAtlantic STANDARD Fm&wers*,%wh1teds*Sumeyors TERMS AND CONDITIONS These Statidarxl Tetzris and Condttioris are attached tv...a u..d made a part ofthe foregoing proposal or letter agreerrient,dated )rebrvasy 26;1997 bweeii eari$e Cmuity North Caiaima(Client)and DSAtlsntic Corporationf with respect to the protect de riW WOW. iii 1. PERIOD OF OFFER. This offer to provide professional DSAtlantic shall identify the changed conditions which in its services is valid for ninety(90)days from the date of the judgment make such renegotiation necessary,and the Client proposal,or as may be amended in the proposal by DSAtlantic shall promptly and in good faith enter into renegotiation of the Corporation(DSAtlantic). DSAtlantic shall have the right to Agreement to permit DSAtlantic to continue to meet the cancel the proposal at any time prior to acceptance. Client's needs. If renegotiated terms cannot be agreed to,the Client agrees that DSAtlantic has an absolute right to 2. SCOPE OF SERVICES. DSAMantic shall be obligated to terminate this Agreement. perform only the services described in the proposal for the agreed upon fee and arrangements as stipulated. No 6. FORCE MAJEURE. No delay or failure in performance by representation is made that DSAtlantic is responsible,or either party shall constitute default hereunder or give rise to accepts responsibility,the following services: any claims if such delay or failure is caused by Force Majeure. a. Certification as to the accuracy or sufficiency of any 7. ESCALATION. DSAtlantic shall have the right to increase document prepared by others and provided to the compensation or rates by up to 10%,payable by the Client DSAthwic by the Client or as directed by Client. to DSAtlantic when the provision of services covered by this Agreement are for a period which extends beyond twelve(12) b. Assurance of favorable or timely approval,permitting, months from the executed Agreement date. and licensing action by governmental agencies as a result of services provided by DSAtlantic. 8. OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports,plans,specifications,field data,field notes,laboratory C. Certification as to the correctness of any geotechnical test data,calculations,estimates,computer data or drawing services and/or foundation recommendations performed files,and other documents("Instruments of Service")prepared by others who provide such information or services by DSAtlande in connection with the performance of its duties directly or indirectly to the client. hereunder shall be and remain the property of DSAtlantic. Those Instruments of Service retained by DSAtlantic shall be Client shall inform DSAtlantic of any special criteria or recognized as the originals. DSAtlantic shall retain these requirements related to DSAtlanties services. Client shall records for a period of up to seven(7)years following willingly furnish,at no cost to DSAtlantic,any existing submission of the Instruments of Service,during which period information,drawings,specifications,and reports which will they will be made available to the Client at all reasonable assist DSAtkmdc in the performance of its Scope of Services. times at nominal charges to recover retrieval costs. Such documents are not intended or represented to be suitable for 3. FEES AND COMPENSATION. In the event that the Client reuse by the Client or others on extension of the project or on requests DSAtlantic to perform services not specifically any other project. Any reuse of Instruments of Service described in the Agreement,Client agrees to compensate prepared by DSAtlantic without written permission or DSAtlantic for such services in accordance with the hourly adaptation by DSAtlantic for the specific purpose intended rate schedule as set forth by the Agreement unless a written will be at the Client's sole risk and without liability or legal Agreement or Amendment has been signed by both parties exposure to DSAtlantic and subject to reasonable otherwise indicating the basis of such additional compensation by Client to DSAtlantic,as determined by compensation. DSAtlantic at its sole discretion. 4. BURIED UTILITIES. DSAtlantic will conduct the research 9. OPINION OF CONSTRUCTION COSTS. Since that,in DSAtlandes professional opinion,is necessary to DSAtlantic has no control over the cost of labor,materials, locate hidden utilities and other manmade objects that may equipment or services furnished by others,or over the exist beneath the site's surface. The Client recognizes that Contractor(s)'means or methods of determining prices,or over DSAtlandes research may not identify all subsurface utilities, competitive bidding or market conditions,DSAtlanties underground features,and manmade objects,and that the Opinions of Probable Total Project and/or Construction Costs information upon which DSAtlantic relies may contain errors provided for herein are made on the basis of DSAtlanties or may not be complete. The Client will not hold DSAtlantic experience and qualifications and represent DSAtlantic's best liable for the consequences of such undiscovered features. professional judgment as an experienced and qualified design professional familiar with the construction industry.However, 5. CHANGED CONDITIONS. The Client has relied on DSAtlantic cannot and does not guarantee that proposals, DSAtlantic in their capacity as a professional engineer, quotes,bids or actual Total Project or Construction Costs will architect or surveyor in establishing the work scope and fee for not vary from Opinions of Probable Costs prepared by this project,given the project's nature and risks. The Client DSAtlantic. If prior to the Bidding or Negotiating Phase the shall therefore rely on DSAtlanties professional engineering, Client wishes greater assurance as to Total Project or architectural or surveyor's opinion as to the continued Construction Costs,Client shall employ an independent cost adequacy of the Agreement in light of occurrences or estimator at Client's expense or authorize DSAtlantic to discoveries that were not originally contemplated by or known contract for such services which will be considered Additional to DSAtlantic. Should DSAtlantic request contract Services. renegotiation, 10. REIMBURSABLE EXPENSES. Client shall reimburse 14. DISPUTE RESOLUTION. All claims,disputes or DSAtlantic for all expenses necessarily or reasonably controversies arising out of,or in relation to,the incurred by DSAtlantic in connection with the performance interpretation,application or enforcement of this Agreement of professional services for Client. Expenses shall be shall first be submitted to non-binding mediation pursuant to reimbursed at cost plus 10%and include,but are not limited the American Arbitration Association's rules for Commercial to,the following: transportation and subsistence incidental Mediation. thereto;long distance telephone charges;data processing expenses;fax charges;extraordinary computer expenses; 15. APPLICABLE LAW. Unless otherwise specified,this outside consultants or services;photographic expenses, Agreement shall be governed by the laws of the State of filing and inspection fees paid by DSAtlantic on behalf of North Carolina. Client to appropriate regulatory agencies or governing public or private entities;document or drawing reproduction or 16. INDEMNIFICATION. The Client hereby indemnifies and copying expenses,delivery,shipping and courier expenses; holds harmless DSAtlantic from any and all claims, and other out-of-pocket expenses incidental to DSAtlantic's damages,losses and expenses(including attomeys'fees) performance of service. arising out of the performance of this Agreement,except when such claims,damages,losses and expenses are caused 11. PAYMENT TERMS. Invoices for DSAtlantic's services by the negligent acts,errors or omissions of DSAtkmlic. shall be submitted at DSAttantic's option,either upon completion of such services or on a monthly basis or as may Inasmuch as the remodeling and/or rehabilitation of an be otherwise indicated in the Agreement. Invoices shall be existing building or facility requires that certain assumptions due and payable within thirty(30)calendar days of the be made regarding existing conditions,and because some of invoice date. If the Client takes issue or objects to all or any these assumptions may not be verifiable without expending portion of an invoice,the Client shall notify DSAtlantic in additional sums of money,or destroying otherwise adequate writing within fourteen(14)calendar days of the invoice or serviceable portions of the building or facility,the Client date,clearly identifying the nature of the issue or objection, agrees that,except for negligence on the part of DSAtlantic, and then pay that portion of the invoice,if any,not in the Client will hold harmless,indemnify and defend dispute. If the undisputed invoice,or the undisputed portion DSAtlantic from and against any and all claims arising out thereof is not paid within 30 days,DSAtlantic may,without of the professional services provided under this Agreement. waiving any claim or right against the Client,suspend the performance of further DSAtlantic services until all invoices 17. STANDARD OF PRACTICE. Services performed by under this Agreement more than thirty(30)days past due DSAtlantic under this Agreement will be conducted in a are fully paid,or may terminate the Agreement. manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing Late Payments: in the same locality under similar conditions.No other Accounts unpaid 30 days after the date of an invoice or representation,expressed or implied,and no warranty or undisputed portion thereof may be subject to a monthly guarantee is included or intended in this Agreement,or in service charge of 1.5%on the then unpaid balance(18.0% any report,opinion,document or otherwise. per annum),at the sole discretion of DSAtlantic. In the event any portion or all of an account remains unpaid 60 18. CONSTRUCTION OBSERVATION SERVICES. If days after billing,the Client shall be subject to all costs DSAtlantic's construction observation services are included incurred by DSAtlantic for collection,including reasonable as part of the Scope of Services in the Agreement, attorney's fees. DSAtlantic will provide personnel to observe construction to ascertain that it is being performed,in general,in 12. HAZARDOUS MATERIALS. Nothing in this Agreement accordance with the plans and specifications. shall impose liability on DSAtlantic for claims,lawsuits, expenses or damages arising from,or in any manner related DSAtImaic cannot provide its opinion on the suitability of to the exposure to,or the handling of,manufacture or any part of the work performed unless measurements and disposal of asbestos,asbestos products,or hazardous waste observations of that part of the construction work are made in any of its various forms,as defined by the Environmental by DSAtiantic personnel. Protection Agency. It is understood and agreed that this Agreement does not DSAtlantic's services do not make DSAtlantic a guarantor of contemplate services related to such materials including use the Contractor's work,and the Contractor will continue to be of asbestos or any hazardous waste material.Therefore, responsible for the accuracy and adequacy of all construction Client agrees to hold harmless,defend and indemnify or other activities performed by the Contractor. The DSAtlantic from all claims,lawsuits,expenses or damages Contractor will be solely responsible for the means and arising from or related to the handling,use,treatment, methods of construction;supervision of personnel and purchase,sale,discovery,storage or disposal of asbestos, construction;control of machinery;falsework,scaffolding,or asbestos products or any hazardous waste materials(or other temporary construction aids;safety in,on,or about the hazardous materials in general)related to the Client's job site;and compliance with OSHA and other applicable project. regulations. 13. TERMINATION. This Agreement may be terminated by 19. SEVERABILITY. Should any portion or provision of this the Client or DSAtlantic upon seven(7)days written notice Agreement be found to be unenforceable then all other should the other fail to perform its obligation hereunder provisions shall remain in full force and effect. through no fault of the terminating party. In the event of termination,the Client shall pay DSAtlandc for all services rendered to the date of termination,all reimbursable expenses,and termination expenses. February 26,1997 KAYE GRAYBEAL HISTORIC RESOURCE SPECIALIST EDUCATION Historic Architecture Resource Inventory, Guilford County, NC MS,Interior Design wkhaconcentration Conducted field survey te, o ey to ilia ph tograph,and expand Guilford County Historic Architecture In Historic Preseswdon Resource Inventory. (1995-1996) UNGG,Greensboro,NC BS,Interior Design UNGG,Greensboro,WC Comprehensive Plan - Preservation Element, Guilford County, NC Served as panelist for three historic preservation training sessions for citizen-planners participating in the REGISTRATION update of the county's comprehensive plan. (1995) Registered Designer-District of Columbia PROFESSIONAL West Fifth Street Historic Documentation, Winston-Salem, NC AFFILIATIONS a Completed documentation and recordation of the proposed site for a multi-modal transportation center in AWARDS accordance with Federal Government Section 106 Review nvironmental Impact pact Assessment)of the Prwwwation/Greensboso, National Preservation Act. (1995) D.C.Pro %radon League National Trust for Historic Preservation Historic Reservation Foundation of F.W. Woolworth Building Renovation, Greensboro, NC Worth Carollm Authored three successful grant applications for renovations and coordinated volunteers for fund-raising Guilford County Historic Preservation campaign. Authored architectural description for National Landmark Nomination. (-1994-1995) C,ommisslory P-Advisory Gertrude S.CarwayAward,1995 NCDOT Survey, Forsyth County, NC NATIONAL REGISTER Participated in a NC Department of Transportation reconnaissance survey of National Register-eligible NOMINATIONS properties near the proposed route of the eastern"section of the Northern Beltway in Forsyth County. John)oNatm House (1993 and 1994) A.E.T*NnApartrnnt BuNding Tabernacle t4edrodirtChurch Local Historic' District Nomination and Guidelines, Oak Ridge, NC C.S.Grayson House" South Elm Sweet Union Cemetery Conducted architectural resource inventory and provided Historical documentation for the nomination of Thomas Ell Cook Farm Guilford County's Oak Ridge community as a local historic district. (1992) Asheboro Street Historic District** Acted as liaison between the Guilford County Planning Department and citizens of the Oak Ridge FWw Park Historic Dbukt'* community during formation of the local historic district. (1992-1994) College Hill Hktork District*• Summit Avenue Historic District** Authored draft portions of and coedited the Oak Ridge Design Guideline Handbook(1994) Presented with Gertrude S. Caraway Award of Merit. (1995) * with Dr.Ruth Little '* vAthMarvtnBrow Property Values In Historic Districts Research, Greensboro, NC LOCAL LANDMARK Collected data for analysis of the economic impact of historic district designation on property values NOMINATIONS (study funded by the National Trust Technical Services grant to Professor J.R.Leimenstoll). Completed Wafco Flour Milli; thesis entitled: The Effect of Historic Disbict Designation on the Spatial Distribution of Property Tax Tabernacle Methodist;Church Assessment Increases. (1991-1994) Diode BuNdkg Oak RTdge Local HistorkDistrict Historic Architecture Resource Inventory, Greensboro, NC HISTORIC RESOURCE Provided field survey and photography for Greensboro's Architectural Resource Inventory for filing with SURVEYS the NC Division of Archives and History. (Summer 1991) GuNfwd County,NC Oak Ridge,NC North Elm Streetscape, Greensboro, NC Washington,NC Presented proposal to Greensboro City Planning and Development Department for restoration and renovation of commercial facades in the Downtown National Register Historic District. (1991) DSAdantic