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Home My WebLink About34462 / 87-130 �UNE 18 1987 #130 RESOLUTION (CARRIED LOST LAID OVER WITNDRAWN ) PURPOSE: APPROVE AND APPROPRIATE MONEY FOR ARCHITECTURAL SERVICE AGREEMENTS FOR COMMERCZAL REHABILITATLON PROGRAM INITIATED BY: CITY ADMINISTRA?ION WNEREAS, on November 6, 1986 [he Ci[y of Oshkosh Common Council approved entering in[o Agreements wi[h several archiCectural firms to provide archi- [ecturai services [o businesses in [argeted areas undez ihe Commercial Rehablli- taiion Program; and Wf1EREAS, [he principal partners of the firm Yarbro-Rempinger Architects, Inc. , having entered in[o an Agreemen[ under said Program have now es[ablished separa[e practices; and WNEREAS, the architectural firms of Rober[ L. Yarhro, AIA, Architeci, and Richard Kempinger, Archi[ect have offered their services under this Program; and WNEREAS, ii is necessary io appropriate money from the Communi[y Develop- ment Block Grant Commercial Rehabilitation accounts for said services. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the Ciiy of Oshkosh [hat the Agreemen[ for archi[ectural services under said Program wi[h Yarbro-Kempinger ArchiTects, Inc. is hereby [ermina[ed. BE IT FURTHER RESOLVED [ha[ the appropriate City officials are hereby auihorized [o enier inm [he at[ached Agreemen[s with Rober[ L. Yarbro, AIA, Archi[ecC and Richard Kempinger, Archiieci [o provide architectural services under [he Commercial Rehabili[ation Program. BE IT FURSHER RESOLVED [hat money for this purpose is hereby appropriaGed from [he Communi[y Development Block Grant Commer<ial AehabiliCa[ion accounCs as long as [he Program is funded. SUSNITTED BY �r'�,.t ,E., �:u � APPROVE�Y` s� - 19 - Res. �130 AGREEMENT FOR ARCHITECTURAL SERVICES , COMtAERCIAL REHABILITATION PROGRAM This Agreement made this day of , i98_, by and between the Cit� of Oshkosh, a Wisconsin municipality ("CITY") and ROBERT L , YP.RBR�, AIA, �RCHITECT ("ARCHITECT" ) WITNESSETH: WHEREAS, the City has established a Commercial Rehabilitacion Pcogcam and has adopted cevised guidelines for implementation of the program, and WHERrAS, tne City desires to retain the services of an arcnitect to assist participating merchants in designing theic improvements, NOW, THEREFORE, in consideration of the mutual covenants, �romises and conditions hecein, the City and Acchitect agree as . follows: 1. SCOPE � SERVICES, Acchitect shall pcovide initial design work foc eligible merchants who participate in the Commercial Rettzbilitation Progran. The Depactment of Community Development of the Cicy shall provide Accnitect with its assignment in detail for each individual project. Said Depactment shall supervise the Architect's work which shall comply in all respects to the provisions of the current Commercial Rehabilitation Progcan guidelines as adopced by the Common Council of the City. 2. COMPARISON. Architect shall receive for its services conpensation 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 Depactment of Community Development on a quaccecly basis. Said Department shall have the sole authority and discretion to determine the reasonableness of each billing prior to refecral for pay^ent to the Finance Director oi the City. 3. INZTIATZOV Qg 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 autnorization snall detail the scope of services to be rendeced by Architect for said pcoject. Prior to initiation ot any work, ALCnitecc saall pcovide a written estinate of the cosc of said work to be performed together with a written acceptance by Architect of the authorizacion. Payment shall be as provided in paragcaph 2 herein but shall not exceed, in any event, 10 peLCent above the writien estimace. - i�a - Res. k130 4. T��S�8EL4�, This agceement may be terminated by either pazty by giving 30 days notice in writing to the other pacty of its incent to tecminate this agreement. Said notice snall be delivered personally or by cectified mail, return receipt reauested, to� the other party at its regular place of doing business. 5. LNQEtiNIFICATION. Accnitect 5ha11 pCOtect and hold the City harmless against all actions, claims and demands oi any kind oc chacaccer which may arise fron Architect's performance of this agreement and, furthec, 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 atto�ney fees within 30 days of the date the City became so obliged or adjudged. IN WITNESS WHEREOF, the parties hereco have caused this agreement to be signed by the proper officers of each party and their corporate seals to be h=c=unto af£ixed all on the day and year firsc above written; then if first party is a coipocation or partnership, the signing of this agzeement shall constitute a warcanty by the person (s) so signing the proper authority so to do. In the p[esencE—of: ROBE�T .�L[• YAIj8R0, A�, ARCHITECT i�l�/(�7�C� /,'. (�C,/cti' � ��a,�-�/ `� /, Signature of s le pcoprietor, or name of cocp ation oc partnecship Pcesident or Partner Secretary � CITY OF OSHKOSH By: William D. Frueh, City Managec Pn3: Donna C. Secwas , City Clerk I hereby certify that the necessary provisions have been made to pay the liability that will accrue under this contract: Edward A. Nokes, City Con�trollzr �pproved as to form: Wairen P. Krafc, Asst. Cicy Actorney - 19b - � �- Res. 8130 � AG?EEME^:T r'OR ARC3ITECTUPAL SEAVIC�S C0:4,?E3C�AL REiiABSLZTATI0:1 PRCGcZP?t This Acreemeat made this � day of .�Uv , 198 7, by and bec•.�een the Cit7 cf Osnkosn, a 'rlisconsin municipality ("CITY") and �icNaiZ� I��r�.Dl�+ � R An. 41irE T ( "ARCHITECT") WITNESSETn: wF:EP°AS, the Citp has e<_cablishe6 a Commercial Rehabilitacion Pcogram and has adopced cevised guidelines for irole�er.caiion of tne progzam, �nd WHeREAS, tile City desires to Letain the services of an arcnite•�t to assisc paccicipating merchancs in designing tneii imprcver�eats, NOW, T9EkEF0RE, in consideration of the mutual covenants, premises and conditions nerein, tne City and Arcnitect agree as follows : 1. ?° � SERVICeS. Arcnitect shall provide initizl 3esicn work for elicib!e merchancs wno participate in the Cor�^„ercial Reczbilitation Progcar. The Department of Co:,ur,unity De-:elopnent of � tne Cicy shall providz P.ccnitecc with its assignnent in detail for each ir.divid�al project. Said De�artmer.t snail �upervise the P.rcnicec�'s wock which shall comply in all respects to tne provisions of the current Comseccial Rehanilitztion Proccan guide�ines as adopced by the Common Council of the City. 2. CO}!PP.-^.IEOtd. Prchitect shall receive for its services compensation at ics usual houLly race but in r.o evenc snall payment esceed $500.00 for any one project. Architect shall submit an ite�ized billiag to the Denartnent oi Com:nunity Develo�ment on a cuarcerly baeis. Said Deoertment snall have the sole authority and discretion to determine the cezsonableness of each billing prior to ceferral fcr pa_�:-�e:� to the Finance Directo� oi thz Cits. 3. I�ITIATIO:d g� F30JECm. No work on any individual project snall be con,�:er.ced by A�chitect until written authorization to proceed is issued by the De�artnent of Community Developc,ent. Said au�rorizacion snall detail the scope of services to be rer.dered by Frcnitect foc said pcoject. Prior to initiation of anp work, F�rchitect snall provide a written estinate ot the cost of said i�ork Co be performed together with a written acceptance by A�cnitect of Che zuthorization. Payment shall be as provided in paragraph 2 herein but shall not exceed, in any event, 10 percent above the writien escimate. - 19c - ' . Res. �130 . , 4. �B"�4�P.�T- "��. This agzee^.er.t may be te::r,iezted 'op either p�rtp by giving 3i: dzys notice in writir,g to thz oth=c partj oi its ir,ceac to tecm.a�ce tcis accee:nent. Said nctice shz11 be deliveced oeLSOnally o: ty ce:ci�ied�mail , ceturn receipt recue=_tec, to� tne ocne: party zc its regular place of doir.g cusiaess. 5. I,v�e��viF?rp3iG":. Archi,ect shall prot>_ct zad hold the Cit7 harmless agzinst all acticns, claims ar.d deazr.ds oi any kind or chz:accer wnici may arise fro;a Architect's pecfocmance of this agreemer,t zr.d, farth=_r, sa�ll inde^mify tne Cicy for zll �sums whica the City ma.� be coliged or adjecged to pzy on ar.y sucn zetions, claims or de:nands, includir.g at;orr.e� fees within 30 days of tne OcCE tkiE Cicy became eo CbI1�EQ OC 2d]ll(Iy^E.^. . IN 4iZT:iESS WhEP.EOP, the pzrties hereto tave cacsed this zoceerent to be si:ned by the prcper officers of each� pacty and cheiz ceroorace sesls to be hereunco affix.ed all on tF.e day and year fir=� z�cve writter.; then if first partp is z cccporation or partnershi�, the siyni::c of this agre_^�e�c scall conscitute a warran�y tp the per�cn (s) �o s:cninc the proper aut'r.ority so to do. Ia the reser.c° o_°: -y��=_ — � n� ��Jy ' �� 51:;z�.:��r - :- le c opr.�.etor . oc r.��n_ cf r_;o:acio,: cr p�r�re:ship _ PTE'c].CE::L C: 22_tCEL � �ECt��3LV CITi GF OSrii:OSii Bv; Fii].liari L. £iuei:, City i4anzger T�r.c: norm� C . S�r�;zc , Cicy Cle:k I hereby certify that the nece::sur�v provisions h.�ve beei: ,:,efia to l,::y the � liaSility tn:;, will acccuc uacer thia contract: Ed��ard A. Nokes , Cit}� Con�troller Approved as to iorm: 4iarren P. Frafc� Asst . Cicy 11Etornc7 - 19d - C� 3L n � A A ➢ OC OOIp N .� ti � � Y .-o �-r (D 3 O . �O tD ➢ � mZ � Z Z c at O .. � (] ll �+ . r.� r. � a� a .-. o w a o -- .-,-+ � o �c o io m rDVm And V� ti V (D t-FO P � �C O W d Z S 'V� V Q N O � �< V � �r N �. � `° N az r+ < a o .-.a � o � m z 0 v av �� o z .- � m a � mr. a � � � m . � � .+ o � � �m �