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HomeMy WebLinkAbout33436 / 85-14JUNE 20 1985 # 14 RESOLUTION iCARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ARCHITECTURAL SERVICE AGREEMENTS FOR COMMERCIAL REHABILITATION PROGRAM INITIATED BY: CITY ADMINISTRATION WHEREAS, the Common Council of the City of Oshkosh has heretofore adopted revised Guidelines for the Commercial Rehabilitation Program; and WHEREAS, said Guidelines provide for securing architectural services to assist businesses in the targeted area under this Program; and WHEREAS, several architectural firms have offered their services. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the appropriate City officials are hereby authorized to enter into the attached agreements to provide architectural services under the Commercial Rehabilitation Program. Money for this purpose is hereby appropriated from account 321-410 1985 Block Grant/Commercial Rehabilitation. — 21 — S[1BMITTED BY APPROVED RESOLUTION # 14 AGREEMENT FOR ARCHITECTURAL SERVICES COMt4ERCIAL REHABILITATION PROGRAM This Agreement made this 11 day of J�e , 198 5, by and between the City of Oshkosh, a Wisconsin municipality ("CITY") and James E. Iarson, Architect ( "ARCHITECT" ) WITNESSETH: WHEREAS, the City has established a Commercial RehabilitaLion Program and has adopted revised guidelines for implementation of the program, and WHEREAS, the City desires to retain the services of an arciiitect to assist participating merchants in designing their improvements, NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions nerein, the City and Architect agree as follows: l. PE � SERVICES. Architect shall provide inicial design work for eligible merchants who participate in the Commercial Renabilitation Program. The Department of Community Developnent of Lhe 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 tne provisions of the current Commercial Rehabilitation Program guideiines 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 submic an itemized billing to the Department of Community Development on a quarcerly oasis. Said Departnent shall have the sole authority and discretion to determine the reasonableness of each billing prior to refer.ral for payment to the Finance Director of tne City. 3. INITIATIOi1 g� PROJECT. No work on any individual project shall be commenced by Architect until written authorization to proceed is issued by the Department or Comnunity Development. Said autnorization shall detail the scope of services to be rendered by Arcni�ect for said project. Prior to initiation of any work, Archicect snall provide a written estimate of the cost of said work to be performed together with a written acceptance by Arccitect of the authorization. Payment shall be as provided in paraqraph 2 harein but shall not exceed, in any event, 10 percent above the �aritcen es'timate. - 21a - � RESOLUTION # 14 4. T���NATIQI�. This agreement may be terminated by either party by giving 30 days notice in writing to the other party of its inLenc. 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. NI DEMNIFICATION. Architect shall protect and hold the City harmless against all actions, claims and demands or 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, agreement to be signed by their corporate seals to year first above written; partnership, the signing warranty by the person(s) In the presence of: i �tr��� � ,-.r�,� �� �/j%�%��ti., � ,��o,E' • the parties hereto have caused this the proper officers of each party and be hereunto affixed all on the day and then if first party is a corporation of this agreement shall constitute a so signing the proper authority so to or .. Jame . La.rson, Architect Signature of sole proprietor, or name of corporation or partnership President or Partner Secretary CITY OF OSHKOSH By: William D. Frueh, City Manager And: Donna C. Serwas, City Clerk I hereby cercify that the necessary provisions have been made to pay the liability that will accrue u;�der tnis contract: Gdward A. Noxes, City Com�troller Approved as to form: Warren P. Kraft, Asst. City Artorney - 21b - � RESOLUTION # 14 AGREEMENT FOR ARCHITECTURAL SERVICES . COMi•SERCIAL REfiABILITATION PROGRAM This Agreement made this day of , 198_, by and between the City of Oshkosh, a Wisconsin municipality ("CITY") and YARBRO-KBM➢INGER ABCHITECTS, INC. ("ARCHITECT") WITNESSETH: WHEREAS, the City has established a Commercial Rehabilitacion Program and has adopted revised guidelines for implementation of the program, and WHEREAS, the City desires to retain the services of an arcnitect tc assist participating merchants in designing their improvements, NOW, THEREFORE, in consideration of the mutual cov2nants, promises and conditions herein, the City and Architect agree as follows: 1. S PE � SERVICES. Arcnitect shall provide initial design work for eligible merchants who participate in the Commercial Rehabilitation Progran. The Department of Community Development of the Cicy shall provide Arcnitect with its assignment in detail for each individual project. Said Department shall supervise fhe Arcnitec�'s work which shall comply in all respects to the provisions of the current Commercial Rehabilitation Program guideiines as adopted by the Common Council of the City. 2. COMPARISON. Architect shall receive for its services compensation at ics usual hourly rate but in no evenc shall payment exceed $500.00 for any one project. Architect shall submit an itemized billing to the Department ot Community Development on a quarterly basis. Said Department snall have the sole authority and discretion to deter*nine the reasonableness of each billing prior to refer,ral for payment to the Finance Director oi the City. 3. INITIATION � 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, Archicect snall 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 writien estin��ate. - 21c - � RESOLUTION # 14 4. TER�LytATIQi�. 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 ocher party at its regular place of doing business. - 5. NI DEt4NIFICATION. Architect shall protect and hold the City harmless against all actions, claims and demands of any kind or character which may arise fron Architect's performance of this agreement and, further, snall 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 agreenent 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 snall constitute a warranty by the person(s) so signing the proper authority so to do. In t presence of: ���%/i /� YARBRO-KEMPINGER ARCHITECTS� INC. Signature of sole proprietor, or ����� name o co poration or partnership �>� u "-,�'' ;� li . � � � �/ _ � J _ President or Pz„Yau��r retary CITY OF OSHKOSH By: William D. Frueh, City Manager And: Donna C. Serwas, City Clerk I hereby certify that the necessary provisions have been made to pay the liability that will accrue u;�der tnis contract: Edward A. Noxzs, City Com�tro112r Approved as to form: Warren P. Kraft, Asst. CiLy A'rtorney - 21d- � RESOLUTION # 14 AGREEMENT FOR ARCHITECTURAL SERVICES . COMt4ERCZAL REHABILITATION PROGRAM ' This Agreement made this day of , 198_, by and between the City of Oshkosh, a Wisconsin municipality ("CITY") and Clifford A. Osen, 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 arcnitect 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 tollows: 1. SCOPE �F 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 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 esceed $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 Fina;:ce Director of the City. 3. INITIATION Q� 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 ot any work, Architect snall 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 escimate. - 21e - ..r RESOLUTION # 14 4. TE�E �I�&T12II . 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, ta the other party at its regular place of doing business. 5. NI DEMNIFICATION. 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 agreement to be signed by the proper officers of their corporate seals to be hereunto affixed al year first above written; then if first party is partnership, the signing of this agreement shall warranty by the person(s) so signing the proper In the presence of: � �� � � G caused this each party and 1 on the day and a corporation constitute a authority so to Clifford A. Osen, Architect or do. . a .- Sig a re of sole proprietor, or name of corporation or partnership President or Partner Secretary CITY OF OSHKOSH By: William D. Frueh, City Manager And: Donna C. Serwas, City Clerk I hereby certify that the necessary provisions have been made to pay the liability that will accrue u;�der this contract: Edward A. Noices, City Com�troller Approved as to form: Warren P. Kraft, Asst. CiLy Attorney -21f- ..r . •- � • t 4 . � � pW�� ��A�.7RM'NI�� _� .. � �.�.w..r++ ��� `�. June 14, 1985 Mr. Ronald D. Hansche 805 North Main Street Oshkosh, Wisconsin 54901 Dear Mr_ Hansche: RESOLUTION # 14 I am in receipt of your letter dated June 11, 1985 per your return of the signed Agreement for Architectural Services Commercial Rehabilitation Program. � I would indicate that the City has no problem with the addition of Article 7 to your Agreement, with the understanding that you are to provide the time schedule for cornpletion with the written estimate to be provided under Article 3, and that if the time schedule is not deemed appropriate per the specific project under consideration, authorization to proceed wi11 not be granted. If you would have a problem in meeting this understanding,�please advise our office prior to the Common Council meeting of June 20, 1985. Sincerely, CITY OF OSHKOSHj _�/ ,i% Cl��� /t. . % / � . �'+�'. �CKSON R. KINNEY ,� i Director of Commyryity Development JRh(dpm cc: Warren Kraft Assistant City Attorney CITY HALL • 215 CHURCH AVENUE • P. O. BOX 1130 • OSHKOSH, WISCONSIN 54902 — 21g— RESOLUTION # 14 REINKE • HANSCHE • LAST • INC •�ICI III�CIS 805 NOi7TH MAIN STREET • OSHKOSH. WISCONSIN 54901 • TE�EPHONE 414 231-6950 Mr. Jackson R. Kinney Director of Community Development City of Oshkosh 215 Church Street Oshkosh, WI 54901 Dear Mr. Kinney: June 11, 1985 ��g7����������� ��D � �uN 11 i9a� D��ARTii�Ef�: � G+y rq S� s rr• C�6F'�:.��' �UISfi�.I'�Ui������ Gi.�.iri.�f .�Il.l'al Enclosed are two copies o£ the Agreement For Architectural Services "Commercial-Rehabilitation Program". We have signed these contracts as amended. Our amendments are included as item 6. Item 6 states that the Architect is permitted to negotiate directly with the client for architectural and engineering services over and above the compensation grant of $500.00. In addition, we have also added paragraph 7 that stipulates that the- Architect will establish the time schedule for the completion of the documents for the project. If you have any questions on this contract or the amendments, please feel free to contact me. Please return one executed copy for our files. RH/rk Encl. . +�.,n;� HFwhF Faia — 21h — ery trXaly yours, -"��'���,�� ,ONPI,D D. HANSCHE ,'7r,.�: � .,: r ��.� �ie n�n . .d� ��.. . RESOLUTION # 14 AGREEMENT FOR ARCHITECTURAL SERVICES - COMt4ERCIAL REHABILITATION PROGRAM This Agreement made this ii day of June , 1985_, by and between the City of Oshkosh, a Wisconsin municipality ("CZTY") and _ RAt „kA xanschP. T.ast rn�-_ ( "ARCHITECT" ) WZTNESSETH: WHEREAS, the City has established a Commercial Rehabilitacion Program and has adopted revised guidelines ior implementation of the program, and WHEREAS, the City desires to retain the services of an arcnitect to assist participating merchants in designing their improvements, NOW, THEkEFORE, in consideration of the mutual covenants, promises and conditions nerein, the City and Architect agree as follows: 1. SCOPE �F SERVI��ES. Arcnitect 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 guideiines as adopted by the Common Council ot the City. 2. �QhIPARISON. Architect shall receive for its services compensation at its usual hourly rate buc in no event shall payment esceed $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 deterrnine the reasonableness of each billing prior to refer.ral for payment to the Finance Director of the City. 3. INITIATION �F 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 shall detail the scope of services to be rendered by Architect ior said project. Prior to initiation of any work, Architect snall provide a wri'tten 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 writr.en estimate. - 21i - � RESOLUTION $ 14 4. �E$�1�N1�TI413. 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. NI DEt4NIFICATION. Architect shall protect and hold the City harmless against all actions, claims and demands ot 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 here'r.o 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 partnership, the signing of this agreement shall constitute a warranty by the person(s) so signing the proper authority so to In the presence of: ��� � I hereby certify that the provisions have been made liability that will accrue tnis contract: or do. Reinke, Hansche, Last, Inc. Signature of sole proprietor, or name 9.f�corporztion or partnership r � retary CITY OF OSHKOSH By: william D. Frueh, City Manager And: Donna C. Serwas, City Clerk necessary to pay the uader Edward A. Noices, City Com�troller Approved as to form: Warren P. Kraft, Asst. City A�torney INCLUDING ATT�CHED AMENDMENTS AS EXHIBIT l. - 21] - � RESOLUTION # 14 EXHIBIT NO. 1 AMENDMENT TO CONTRACT AGREEMENT FOR ACHITECTURAL SERVICES COMMERCIAL REHABILITATION PROGRAM AMENDMENT NO. 1 ADD ARTICLE 6. The architect shall provide a written estimate of cost of services as per Article 3. If this estimate is more than the approved grant of $500.00 as listed in Article 2, the Architect shall have the right to enter into a separate agreement for additional compensation outside this agreement directly with the property _ owner. ADD ARTICLE 7. The architect sha11 establish the time schedule for completion and fulfillment of this agreement. - 21k- � °`� ° � �. � �r � �f r� r-n� �� o x � � � m C��; � �,_: . � �, -.,r,. �� �� o �� �C o � '� � � � � `�° o �• � C r �o �i ai F�'i N rh �' °°� ro n �i � � a � n ~ w �r r� m � a r � ��� l:�+ ��A� �?