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HomeMy WebLinkAboutYarbro Architect/commercial rehab (1987) AGREEMENT FOR ARCHITECTURAL SERVICES . COMMERCIAL REHABILITATION PROGRAM This Agreement made this / day of ( ftiAn_ , 198.., by and between the City of Oshkosh, a Wisconsin mu icipality ("CITY") and ROBERT L. YARBRO, AIA, ARCHITECT ( "ARCHITECT" ) WITNESSETH: WHEREAS, the City has established a Commercial Rehabilitation Program and has adopted revised guidelines for implementation of the program, and WHEREAS, the City desires to retain the services of an architect to assist participating merchants in designing their improvements , NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions herein, the City and Architect agree as . follows: 1. SCOPE OF SERVICES. Architect shall provide initial design work for eligible merchants who participate in the Commercial Rehabilitation Program. The Department of Community Development of the City shall provide Architect with its assignment in detail for each individual project. Said Department shall supervise the Architect's work which shall comply in all respects to the provisions of the current Commercial Rehabilitation Program guidelines as adopted by the Common Council of the City. 2. COMPARISON. Architect shall receive for its services compensation at its usual hourly rate but in no event shall payment exceed $500.00 for any one project. Architect shall submit an itemized billing to the Department of Community Development on a quarterly basis. Said Department shall have the sole authority and discretion to determine the reasonableness of each billing prior to referral for payment to the Finance Director of the City. 3. INITIATION OF PROJECT. No work on any individual project shall be commenced by Architect until written authorization to proceed is issued by the Department of Community Development. Said authorization shall detail the scope of services to be rendered by Architect for said project. Prior to initiation of any work, Architect shall provide a written estimate of the cost of said work to be performed together with a written acceptance by Architect of the authorization. Payment shall be as provided in paragraph 2 herein but shall not exceed, in any event, 10 percent above the written estimate. 4. TERMINATION. This agreement may be terminated by either party by giving 30 days notice in writing to the other party of its intent to terminate this agreement. Said notice shall be delivered personally or by certified mail, return receipt requested, to- the other party at its regular place of doing business . 5. INDEMNIFICATION. Architect shall protect and hold the City harmless against all actions, claims and demands of any kind or character which may arise from Architect's performance of this agreement and, further, shall indemnify the City for all sums which the City may be obliged or adjudged to pay on any such actions, claims or demands, including attorney fees within 30 days of the date the City became so obliged or adjudged. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by the proper officers of each party and their corporate seals to be hereunto affixed all on the day and year first above written; then if first party is a corporation or partnership, the signing of this agreement shall constitute a warranty by the person(s) so signing the proper authority so to do. In the presence,-of: ROBE T L. YA:RO, AI , ARCHITECT ,,r0a-N.L,A' ‘'. .4_____., , .Signature of s le proprietor , or name of corp ation or partnership President or Partner �. - Secretary '' CITY OF OS OSH \ (ii i ) \I; C,'' '', .// C64 yr J* - , 7::4" ..-- d4e-4(-:- i � - y: ` William D. Frueh, itv Manager. , And: t l!i if d. � 74/7--W-e, '' 47i-i-'7-.744/ /4 i .Aa _ Donna C. Serwas , City Clerk I hereby certify that the necessary provisions have been made to pay the liability that will accrue under this contract: , L Edward A. Nokes, City Comptroller Appro ed as to ''o r ,,: r - Warren P. Kraft, , s . ity Attorney