HomeMy WebLinkAbout30991 / 80-15October 16, 1980 # �5 ��L��
PURPOSE: AN�IDMESIT TO CONrRAGT WiTH YARBi�-I�7PINC�R, AEd�iITECPS Ft�R PI�JEGT
INSPECPION SER�7IC�S
� • a�� : � �• . y ia • • i i �
WriEF�r,S, the City of Os'nkosh ha� receivecl £ederai =unds from EllFi and HUD
to pesform various energy conservation iicprovements to three mimicipal buildings;
and �
Wf�RE'AS, the architectural firm of Yarbro-Ke�inger has imique abilities
and experien� in the area of energy cronservation and is capable of performi.ng
the necessary services required;
NOW, Tf�FnRE, BE IT RFSOLVID by the Coatron Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to
enter into the attached Aicenda�nt No. 1 to the City of Oshkosh - Yarbro-Kempinc�r,
Architects Contract dat�d Febn�sy 4, 1980. The total airount of the acrended
o�ttract shall not exceed $28,392.41 plus pmject inspection fees of $1,800.00.
Nbney for the amended caztract and inspection fees to be appropriated from the IDA
grant funds, Account No. 357-999.
SU �6iITTyD BY
APnROVED
- 15 -
/
16 October 1980
�Amendment No. 1 � '
City of Oshkosh -
Yarbro-Kempinger,Architects
Contract dated 4 February 1980
Page 1 0£ 7
AI�IENDMENT N0. 1 TO AGREEMENT DATED 4 FEBRUARY 1980
BETWEEN: THE CITY OF OSHKOSH, WISCONSIN
and
YARBRO-KEMPINGER, ARCHITECTS
Oshkosh, Wisconsin
FOR: ENERGY CONSERVATION, VARZOUS OSHKOSH MUNZCIPAL .
BliILDINGS AS WILL BE DETERMINED, OSHKOSH, WISCONSIN
(Subsequently determined buildings are: City Hall,
Ceape Avenue Fire Station, Street Departsnent Building)
ECONOMIC DE�IELOPMENT ADMINISTRATION
PROJECT N0. 06-11-01735.60
ARTICLE 15
15.1: Amend Article 14.2.1 to read as follows:
PHASE 2:
For Schematic Design, Design Development, Construction
Documents, Bidding and Construction Phase, less Project
Inspection, for a Lump Sum of
TWENTY EIGHT THOUSAND THREE HUNDRED NINETY TWO AND
41/100THS DO.LLARS.........($28,392.41)
Basis for Lump Sum:
EDA Approved Amount $29,800.00
Phase I Credit, deduct 1,407.59
Lump Sum $28,392.41
For Project Inspection Fees, a Lump Sum of
ONE THOUSAND EIGHT HUNDRED AND NO/100TH5 DOLLARS...
....($1,800.00)
15.2: Amend Article 6 to read as follows:
ARTICLE 6
TERMINATION OF AGREEMENT
6.1 Termination of Contract for Cause. If, through any
cause, the Consultant snall fail to fulfill in timely and
Amendment No. 1 � �,�
City of Oshkosh - �
Yarbro-Kempinger, Architects
Contract dated 4 February 1980
Page 2 0£ 7
proper manner his obligations under this Contract, or if the
Consultant shall violate any of the covenants, agreements,
or stipulations of this Contract, the City shall thereupon
have the right to terminafe this Contract by giving written
notice to the Consultant of such termination and specifying
the eifective date thereof, at least five days before the
effective date of such termination. In such event, all
finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs and reports prepared by
the Consultant under this Contract shall, at the option of
the City, becone its property and the Consultant shali be
entitled to receive just and equitable compensation for any
work satisfactorily completed hereunder.
6.2 Nothwithstanding the above, the Consultant shall not be
relieved of liability to the City for damages sustained by
the City by virtue of any breach o£ the Contract by the
Consultant, and the City may withhold any payments to the
Consultant, for the purpose of set-off until such time as
the exact amount oi damages due the City from the Consultant
is determined.
6.3 Termination £or Convenience of the City. The City may
terminate this Contract at any time by giving at least ten
(10) days notice in writing to the Consultant. If the Contract
is terminated by the City as provided herein, the Consultant
will be paid ior the time provided and expenses incurred up
to the termination date. If this Contract is terminated due
to the iault of the Consultant, Paragraph 1 hereof relative
to termination shall apply.
ADD NEW ARTICLE 16 as £ollows:
ARTICLE 16
FEDERAL REQUIREMENTS
16.1 Changes. The City may, from time to time, request
changes in the scope o£ the services oP the Consultant to
be performed hereunder. Such changes, including any increase
or decrease in the amount o£ the Consultant's compensation,
which are mutually agreed upon by and between the City and
the Consultant, shall be incorporated in written amendments
to this Contract.
16.2 Personnel
16.2.1 The Consultant represents that he has, or will secure
at his own expense, all personnel required in performing the
services under this Contract. Such personnel shall not be
employees o£ or have any contractural relationship with the
City.
/
Amendment No. 1 � / �
City of Oshkosh - �
Yarbro-Kempinger, Architects
Contract dated 4 February 1980
Page 3 of 7
16.2.2 All of the services required hereunder will be per-
formed by the Consultant or under his supervision and all
personnel engaged in the work shall be £ully qualified and
shall be authorized or perm'itted under State and Local law
to periorm such services.
16.2.3 None of the work or services covered by this Contract
shall be subcontracted without the prior written approval of
the City. Any work or services subcontracted hereunder shall
be specified by written contract or agreement and shall be
subject to each provision o£ this Contract.
16.3 Assignability. The Consultant shall not assign any
interest on this Contract, and sha11 not transfer any interest
in the same (whether by assignment or novation), without the
prior written consent of the City thereto: Provided, however,
that claims for money by the Consultant from the City under
this Contract may be assigned to a bank, trust company, or
other financial institution without such approval. Written
notice of any such assignment or transfer shall be furnished
pramptly to the City.
16.4 Reports and Information. The Consultant, at such times
and in such forms as the City may require, shall furnish the
City such periodic reports as it may request pertaining to
the work or services undertaken pursuant to this Contract,
the costs and obligations incurred or to be incurred in con-
nection therewith, and any other matters covered by this
Contract.
16.5 Records and Audits. The Consultant shall maintain
accounts and records; including personnel, property and
financial records, adequate to identify and account for all
costs pertaining to the Contract and such other records as
may be deemed necessary by the City to assure proper account-
ing £or all project funds, both Federal and non-Federal
shares. These records wi11 be made available for audit
purposes to the City or any authorized representative, and
will be retained for three years a£ter the expiration o£
this Contxa�t, unless permission to destroy them is granted
by the City.
16.6 Findings•Confidential. AlI. of the reports,'information,
data, etc., prepared or assembled by the Consultant under
this Contract are confidential and the Consultant agrees that
they sha11 not be made available to any individual or organ-
ization without the prior written approval of the City.
Amendment No. 1 . �/
City of Oshkosh -
Yarbro-Kempinger, Architects
Contract dated 4 February 1980
Page 4 of 7
16.7 Copyright. No report, maps, or other documents
produced in whole or in part under this Contract shall be
the subject o£ an application for copyri'ght by or on behal£
of the Consultant. •
16.8 Compliance with Local Laws. The Consultant shall
comply with all applicable laws, ordinances and codes of
the State and local governments, and the Consultant shall
save the City harmless with respect to any damages arising
from any tort done in per£orming any o£ the work embraced
by this Contract.
16.9 Equal Emoloyment Ooportunity. During the per£ormance
o£ this Contract the Consultant agrees as £ollows:
/�
1
16.9.1 The Consultant will not discriminate agaiast any
einployee or applicant £or employment because o£ race, creed,
sex, color or national origin. The Consultant wi11 take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without
regard to their race, creed, sex, color or national origin.
Such action shall include, but not be limited to, the
following: Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Consultant agrees to
post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the City
setting forth the provisions o£ this non-discrimination
clause.
16.9.2 The Consultant will, in all solicitation or advertise-
ments for employees placed by or on behalf of the Consultant,
state that all quali£ied applicants will receive consideration
ior employment without regard to rac�, creed, color, sex, or
national origin.
16.9.3 The Consultant will cause the £oregoing provisions to
be inserted in all subcontracts £or any work covered by this
Con��.ract so that such provisions will be binding upon each
subcontractor, provided that the foregoing provisions shall
not apply to contracts or subcontracts ior standard commercial
supplies or raw materials.
16.9.4 The Consultant will comply with all provisions of
Executive Order 11246 of September 24, 1965, and o£ the rules,
regulations and relevant orders of the Secretary of Labor.
The Consultant will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and
- - �
Amendment No. 1 � �
City of Oshkosh -
Yarbro-Kempinger, Architects
Contract dated 4 February 1980
Page 5 of 7
by the rules, regulations and order of the Secretary of
Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the City's Department of
Housing and Co�nunity Development and the Secretary of Labor
for purposes of investigation to ascertain compliance with
such rules, regulations and orders.
16.9.5 In the event of the Consultant's noncompliance
with the non-compliance clauses of this Agreement or with
any of such rules, regulations or orders, this Agreement
may be canceled, terminated or suspended in whole or in part
and the Consultant may be declared ineligible for iurther
Government contracts in accordance with procedures authorized
in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as pro-
vided in Executive Order 11246 0£ September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
16.9.6 The Consultant will include the provisions of
paragraphs (a) through (g) in every subcontract or purchase
order unless exempted by rules, regulations or orders of the
Secretary of LaboY issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any sub-
contract or purchase order as the City's Department of
Housing and Community Development may direct as a means of
enforcing such provisions including sanctions for noncompli-
ance: Provided, however, that in the event the Consultant
becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by
the City's Department of Housing and Commur.ity Development,
the Consultant may request the United States to anter into
such litigation to protect the interests of the United States.
16.10 Civil Rights Act o£ 1964. Under Title VI of the
Civil Rights Act of 1964, no person shall, on the grounds oi
race, color, or national origin, be excluded from partici-
pation in, be denied the benefits of, or be subjected to
discrimination under any pzogram or activity receiving
Federal financial assistance.
16.11 Section 109 of tne Housinq and Communitv Development
Act of 1974. No person in the United States shall on the
grounds of race, color, national origin, or sex be excluded
from participation in, be denied the benefits of, or be sub-
jected to discrimination under any program or activity funded
in whole or in part with funds made available under Chis title.
� r�
Amendment No. 1 �
City of Oshkosh -
Yarbro-Kempinger, Architects
Contract dated 4 February 1980
Page 6 of 7
16.12 "Section 3" Compliance in the Provision of Tr
16.12.1 The work to be performed under this contract is on
a project assisted under a program providing direct Federal
financial assistance from the Department of Housing and Urban
Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act o£ 1968, as amended,
12 U.S.C. 1701u. Section 3 requires that to the greatest
extent feasible opportunities for training and employment
be given lower income residents of the project area and con-
tracts £or work in connection with.the project be awarded to
business concerns which are located in, or owned in substantial
part by persons residing in the area of the project.
16.12.2 The parties to this contract will comply with the
provisions of said Section 3 and the regulations issued pur-
suant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable
rules and orders of the Department issued thereunder prior
to the execution of this contract. The parties to this
contract certify and agree that they are under no contract-
ual or other disability which would prevent them £rom
complying with these requirements.
16.12.3 The contractor will send to each labor organization
or representative o£ workers with which he has a collective
bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization or workers'
representative of his commitments under this Section 3 clause
and shall post copies o£ the notice in conspicuous places
available to employees and applicants for employment or
training.
16.12.4 The contractor will include this Section 3 clause in
every subcontract £or work in connection with the project and
will, at the direction of the applicant for or recipient of
Federal financial assistance, take appropriate action pursuant
to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the Secretary of Aousing
and Urban Development, 24 CFR Part 135. The contractor will
not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of
regulations under 24 CFR Part 135 and will not let any sub-
contract unless the subcontractor has first provided it with
a preliminary statement of ability to comply with the require-
ments of these regulations.
Amendment No. 1
City of Oshkosh -
Yarbro-Kempinger,
Contract dated 4
Page 7 of 7
..�i �
T �
Architects
February 1980
16.12.5 Compliance with the provisions of Section 3, the
regulations set forth in 24 CFR Part 135, and all applicable
rnles and orders of the De�artment issued hereunder prior
to the execution of the contract, shall be a condition of
the federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to £ul£ill these re-
quirements shall subject the applicant or recipient, its
contxactors and subcontractors, its successors and assigns
to those sanctions specified by the grant or loan agreement
or contract through which federal assistance is provided,
and to such sanctions as are specified by 24 CFR Part 135.
16.13 Interest of Members of a City. No member of the
governing body of the City and no other officer, employee
or agent of the City who exercises any functions or respon-
sibilities in connection with the planning and carrying out
of the program, shall have any personal financial interest,
direct or indirect, in this Contract; and the Consultant
shall take appropriate steps to assure compliance.
16.14 Tnterest of Other Local Public Officials. No member
of the governing body of the locality and no other public
official of such locality, who exercises any functions or
responsibilities in connection with the planning and
carzying out of the program, shall have any personal £inan-
cial intezest, direct or indirect, in this Contract; and
the Consultant shall take appropriate steps to assure
compliance.
16.15 Interest of Consultant and Employees. The Consultant
covenants that he presently has no interest and shall not
acquire interest, direct or indirect, in the study area or
any parcels therein or any other interest which would con-
flict in any manner or degree with the performance of his
services hereunder. The Consultant further covenants that
in the per£ormance af this Contract, no person having any
such interest shall be employed.
This Amendment No. 1 Agreement entered into as of the day and year
first written above. .
OWNER
CITX OF OSHKOSH, WISCONSIN
By
Wi1la�am D. Frueh, City Manager
�
Converse C. Marks, City Clerk
ARCHITECT
YARBRO-KEA1P I
BY�f 2?Z��'"
Ro L.
�l�By
Richard J.
�;
�
� ���
N �-I U
� v��a
� a� m
�� �
E � +�
� F�, +�
> sA. a�i
�°, �+ o
_ ' �a � Q^
�- o�o�
l.. 1� 4i N
�1 U
.. . � U U] rl
o at � >
rV $-� U 4
1� 1� N N
� � J� W
ri O ri
O U � G
tn cJ O
N O S-i +-I
fZ J� C N
�
a
0
�
¢
O
E�
�
O
0-1
N
O
�
�
m
v
�
a
�
N
.�
�
�
�
U
1 :t .... , ... .. . .
t
' ..........— -�..� 1
i_..__.._. --
_ . ,
. ' '1 �,;.�.. ' �.
...._......�_..._._ .....__..... _...!
0
�
rn �� C
� J F�i
�
� �� �
o � �
a-> +�
U +�
O V